Some Legislation On the Jews
EMPEROR CONSTANTINE AUGUSTUS TO EVAGRIUS
After other matters: in regard to women formerly occupied in our weaving-establishment,8 whom the
Jews led to their fellowship in turpitude,9 it is resolved that they shall be restored to the weavingestablishment, and it shall be observed, in the future, that they do not join Christian women to their deed
of disgrace, or, if they shall do so, they shall be subjected to capital punishment.
GIVEN ON THE IDES OF AUGUST IN THE CONSULATE OF CONSTANTIUS AUGUSTUS FOR
THE SECOND TIME (339 CE)
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THE SAME TWO AUGUSTI9 TO EUTYCHIANUS10, PRAEFECTUS PRAETORIO
The Jews, who live under the Roman common law, shall address the courts in the usual way11 in those
cases which do not concern so much their superstition as court, laws, and rights, and all of them shall
bring actions and defend themselves under the Roman laws; in conclusion, they shall be under our laws.12
Certainly, if some shall deem it necessary to litigate before the Jews or the patriarchs13 through mutual
agreement, in the manner of arbitration, with the consent of both parties and in civil matters only, they
shall not be prohibited by public law from accepting their verdict; the governors of the provinces14 shall
even execute their sentences as if they were appointed arbiters through a judge’s award.15
GIVEN ON THE THIRD DAY BEFORE THE NONES OF FEBRUARY AT CONSTANTINOPLE, IN
THE CONSULATE OF HONORIUM AUGUSTUS FOR THE FOURTH TIME AND OF
EUTYCHIANUS (398 CE)16
COMMENTARY
All the Jews, who are known to be Romans, shall litigate before the Head of their religion only on what
concerns the discipline of their religion, so that they shall observe among themselves what was
established by the Hebrew laws. All the other matters, however, which are covered by our laws and
pertain to the court, shall be determined by the governor of the province according to the common law.
Certainly, if the two parties shall consent and wish to litigate before the Heads of their law, in civil law
matters only, and the process shall be terminated by an arbitration award based on a mutual agreement,
the award shall be recognized as if it was established by a judge’s order.
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THE TWO EMPERORS AND AUGUSTI HONORIUM AND THEODOSIUS TO ANTHEMIUS,3
PRAEFECTUS PRAETORIO
The governors of the provinces shall prohibit the Jews from setting fire to Aman in memory of his past
punishment, in a certain ceremony of their festival, and from burning with sacrilegious intent a form made
to resemble the saint cross in contempt of the Christian faith,4 lest they mingle the sign of our faith with
their jests,5 and they shall restrain their rites from ridiculing the Christian Law, for they are bound to lose
what had been permitted them till now unless they abstain from those matters which are forbidden.
GIVEN ON THE FOURTH DAY BEFORE THE CALENDS OF JUNE AT CONSTANTINOPLE, IN
THE CONSULATE OF BASSUS AND PHILIPPUS. (408 CE)
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THE SAME TWO AUGUSTI2 TO JOHANNES,3 PRAEFECTUS PRAETORIO
No one shall dare to violate or seize and occupy what are known by the names of synagogues and are
assuredly frequented by the conventicles of the Jews, for all must retain what is theirs with unmolested
right and without harm to religion and cult. Furthermore, since the ancient custom and usage preserved
the day of Sabbath, sacred to the said people of the Jews, we decree that this too must be avoided, that no
summons shall constrain a man of the said custom under pretext of public or private business, for it would
seem that all the remaining time suffices for the public laws, and it would be most worthy of the
government of our time that former privileges shall not be violated; although it would seem that enough
had been legislated on this matter in general constitutions by past Emperors.
GIVEN ON THE SEVENTH DAY BEFORE THE CALDENDS OF AUGUST AT RAVENNA, IN THE
CONSULATE OF THE TWO AUGUSTI, HONORIUS FOR THE NINTH TIME AND THEODOSIUS
FOR THE FIFTH. (412 CE)
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THE SAME TWO AUGUSTI3 TO AURELIAN, PRAEFECTUS PRAETORIO FOR THE SECOND
TIME4
Since Gamaliel5 supposed that he could transgress the law with impunity all the more because he was
elevated to the pinnacle of dignities. Your Illustrious Authority shall know that Our Serenity has directed
orders to the Illustrious Master of the Offices,6 that the appointment documents7 to the honorary
prefecture8 shall be taken from him, so that he shall remain in the honor that was his before he was
granted the prefecture; and henceforth he shall cause no synagogues to be founded, and if there are any in
deserted places, he shall see to it that they are destroyed, if it can be done without sedition. He shall have
no power to judge Christians; if any contention shall arise between them and Jews it shall be settled by
the governors of the province.9 If he himself, or one of the Jews,10 shall attempt to defile a Christian or a
member of any sect whatsoever, slave and freeman alike, with the Jewish mark of infamy,11 he shall be
subjected to the laws’ severity.12 If he holds slaves who partake of the Christian sanctity, they shall be
handed over to the Church according to the law of Constantine.13
GIVEN ON THE THIRTEENTH DAY BEFORE THE CALENDS OF NOVEMBER AT
CONSTANTINOPLE, IN THE CONSULATE OF THE TWO AUGUSTI, HONORIUS FOR THE
TENTH TIME AND THEODOSIUS FOR THE SIXTH. (415 CE)
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(The Emperor Justinian Augustus)3
A pagan, Jew, Samaritan, and anyone who is not Orthodox, is unable to possess a Christian slave, for
that4 slave shall be manumitted and he who had possessed him shall give thirty pounds5 to the Private
Properties.6
GIVEN ON THE FOURTH DAY BEFORE THE CALENDS OF JULY7 AT CONSTANTINOPLE.
(527-534 CE)