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Codex Theodosianus

On Religion (and the suppression of religious dissent), 4th Century CE


C. Th. XV.xii.1: Bloody spectacles are not suitable for civil ease and domestic quiet. Wherefore since we have proscribed gladiators, those who have been accustomed to be sentenced to such work as punishment for their crimes, you should cause to serve in the mines, so that they may be punished without shedding their blood. Constantine Augustus.

C. Th. XVI.v.1: It is necessary that the privileges which are bestowed for the cultivation of religion should be given only to followers of the Catholic faith. We desire that heretics and schismatics be not only kept from these privileges, but be subjected to various fines. Constantine Augustus.

C. Th. XVI.x.4: It is decreed that in all places and all cities the temples should be closed at once, and after a general warning, the opportunity of sinning be taken from the wicked. We decree also that we shall cease from making sacrifices. And if anyone has committed such a crime, let him be stricken with the avenging sword. And we decree that the property of the one executed shall be claimed by the city, and that rulers of the provinces be punished in the same way, if they neglect to punish such crimes. Constantine and Constans Augusti.

C. Th. XVI.vii.1: The ability and right of making wills shall be taken from those who turn from Christians to pagans, and the testament of such an one, if he made any, shall be abrogated after his death. Gratian, Valentinian, and Valens Augusti.

C.Th. XI.vii.13: Let the course of all law suits and all business cease on Sunday, which our fathers have rightly called the Lord's day, and let no one try to collect either a public or a private debt; and let there be no hearing of disputes by any judges either those required to serve by law or those voluntarily chosen by disputants. And he is to be held not only infamous but sacrilegious who has turned away from the service and observance of holy religion on that day. Gratian, Valentinian and Theodosius Augusti.

C.Th. XV.v.1: On the Lord's day, which is the first day of the week, on Christmas, and on the days of Epiphany, Easter, and Pentecost, inasmuch as then the [white] garments [of Christians] symbolizing the light of heavenly cleansing bear witness to the new light of holy baptism, at the time also of the suffering of the apostles, the example for all Christians, the pleasures of the theaters and games are to be kept from the people in all cities, and all the thoughts of Christians and believers are to be occupied with the worship of God. And if any are kept from that worship through the madness of Jewish impiety or the error and insanity of foolish paganism, let them know that there is one time for prayer and another for pleasure. And lest anyone should think he is compelled by the honor due to our person, as if by the greater necessity of his imperial office, or that unless he attempted to hold the games in contempt of the religious prohibition, he might offend our serenity in showing less than the usual devotion toward us; let no one doubt that our clemency is revered in the highest degree by humankind when the worship of the whole world is paid to the might and goodness of God. Theodosius Augustus and Caesar Valentinian.

C. Th.XVI.i.2: We desire that all the people under the rule of our clemency should live by that religion which divine Peter the apostle is said to have given to the Romans, and which it is evident that Pope Damasus and Peter, bishop of Alexandria, a man of apostolic sanctity, followed; that is that we should believe in the one deity of Father, Son, and Holy Spirit with equal majesty and in the Holy Trinity according to the apostolic teaching and the authority of the gospel. Gratian, Valentinian and Theodosius Augusti.

C. Th. XVI.v.iii: Whenever there is found a meeting of a mob of Manichaeans, let the leaders be punished with a heavy fine and let those who attended be known as infamous and dishonored, and be shut out from association with men, and let the house and the dwellings where the profane doctrine was taught be seized by the officers of the city. Valentinian and Valens Augusti.

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Oliver J. Thatcher, ed., The Library of Original Sources (Milwaukee: University Research Extension Co., 1907), Vol. IV: The Early Medieval World, pp. 69-71.


EDICT OF MILAN - 313 AD

When I, Constantine Augustus, as well as I, Licinius Augustus, fortunately met near Mediolanum (Milan), and were considering everything that pertained to the public welfare and security, we thought, among other things which we saw would be for the good of many, those regulations pertaining to the reverence of the Divinity ought certainly to be made first, so that we might grant to the Christians and others full authority to observe that religion which each preferred; whence any Divinity whatsoever in the seat of the heavens may be propitious and kindly disposed to us and all who are placed under our rule. And thus by this wholesome counsel and most upright provision we thought to arrange that no one whatsoever should be denied the opportunity to give his heart to the observance of the Christian religion, of that religion which he should think best for himself, so that the Supreme Deity, to whose worship we freely yield our hearts) may show in all things His usual favor and benevolence. Therefore, your Worship should know that it has pleased us to remove all conditions whatsoever, which were in the rescripts formerly given to you officially, concerning the Christians and now any one of these who wishes to observe Christian religion may do so freely and openly, without molestation.

[6. Note that at the same time all others are to be allowed the free and unrestricted practice of their religions; for it accords with the good order of the realm and the peacefulness of our times that each should have freedom to worship God after his own choice; and we do not intend to detract from the honour due to any religion or its followers.]

We thought it fit to commend these things most fully to your care that you may know that we have given to those Christians free and unrestricted opportunity of religious worship. When you see that this has been granted to them by us, your Worship will know that we have also conceded to other religions the right of open and free observance of their worship for the sake of the peace of our times, that each one may have the free opportunity to worship as he pleases; this regulation is made we that we may not seem to detract from any dignity or any religion.

Moreover, in the case of the Christians especially we esteemed it best to order that if it happens anyone heretofore has bought from our treasury from anyone whatsoever, those places where they were previously accustomed to assemble, concerning which a certain decree had been made and a letter sent to you officially, the same shall be restored to the Christians without payment or any claim of recompense and without any kind of fraud or deception, Those, moreover, who have obtained the same by gift, are likewise to return them at once to the Christians. Besides, both those who have purchased and those who have secured them by gift, are to appeal to the vicar if they seek any recompense from our bounty, that they may be cared for through our clemency. All this property ought to be delivered at once to the community of the Christians through your intercession, and without delay. And since these Christians are known to have possessed not only those places in which they were accustomed to assemble, but also other property, namely the churches, belonging to them as a corporation and not as individuals, all these things which we have included under the above law, you will order to be restored, without any hesitation or controversy at all, to these Christians, that is to say to the corporations and their conventicles: providing, of course, that the above arrangements be followed so that those who return the same without payment, as we have said, may hope for an indemnity from our bounty. In all these circumstances you ought to tender your most efficacious intervention to the community of the Christians, that our command may be carried into effect as quickly as possible, whereby, moreover, through our clemency, public order may be secured. Let this be done so that, as we have said above, Divine favor towards us, which, under the most important circumstances we have already experienced, may, for all time, preserve and prosper our successes together with the good of the state. Moreover, in order that the statement of this decree of our good will may come to the notice of all, this rescript, published by your decree, shall be announced everywhere and brought to the knowledge of all, so that the decree of this, our benevolence, cannot be concealed.

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From Lactantius, De Mort. Pers., ch. 48. opera, ed. 0. F. Fritzsche, II, p 288 sq. (Bibl Patr. Ecc. Lat. XI).

Translated in University of Pennsylvania. Dept. of History: Translations and Reprints from the Original Sources of European history, (Philadelphia, University of Pennsylvania Press [1897?-1907?]), Vol 4:, 1, pp. 28-30.


EDICTUM MEDIOLANENSE ( AD 313 )

Lactantius, De mortibus persecutorum XLVIII., in Opera, ed. O. F. Fritzsche, 1842-44, t. II, pp. 288-289 )

2. Cum feliciter tam ego [quam] Constantinus Augustus quam etiam ego Licinius Augustus apud Mediolanum cinvenissemus atque universa quae ad commoda et securitatem publicam pertinerent, in tractatu haberemus, haec inter cetera quae videbamus pluribus hominibus profutura, vel in primis ordinanda esse credidimus, quibus divinitatis reverentia continebatur, ut daremus et Christianis et omnibus liberam potestatem sequendi religionem quam quisque voluisset, quod quicquid divinitatis in sede caelesti. Nobis atque omnibus qui sub potestate nostra sunt constituti, placatum ac propitium possit existere. 3. Itaque hoc consilium salubri ac reticissi ma ratione ineundum esse credidimus, ut nulli omnino facultatem abnegendam putaremus, qui vel observationi Christianorum vel ei religioni mentem suam dederet quam ipse sibi aptissimam esse sentiret, ut possit nobis summa divinitas, cuius religioni liberis mentibus obsequimur, in omnibus solitum favorem suum benivolentiamque praestare. 4. Quare scire dicationem tuam convenit placuisse nobis, ut amotis omnibus omnino condicionibus quae prius scriptis ad officium tuum datis super Christianorum nomine videbantur, nunc libere ac simpliciter unus quisque eorum, qui eandem observandae religionis Christianorum gerunt voluntatem. Citra ullam inquietudinem ac molestiam sui id ipsum observare contendant. 5. Quae sollicitudini tuae plenissime significanda esse credidimus, quo scires nos liberam atque absolutam colendae religionis suae facultatem isdem Christianis dedisse.

[6. Quod cum isdem a nobis indultum esse pervideas, intellegit dicatio tua etiam aliis religionis suae vel observantiae potestatem similiter apertam et liberam pro quiete temporis nostri concessam, ut in colendo quod quisque delegerit, habeat liberam facultatem. Quod a nobis factum est. Ut neque cuiquam honori neque cuiquam religioni detractum aliquid a nobis videatur.]

7. Atque hoc insuper in persona Christianorum statuendum esse censuimus, quod, si eadem loca, ad quae antea convenire consuerant, de quibus etiam datis ad officium tuum litteris certa antehac forma fuerat comprehensa. Priore tempore aliqui vel a fisco nostro vel ab alio quocumque videntur esse mercati, eadem Christianis sine pecunia et sine ulla pretii petitione, postposita omni frustratione atque ambiguitate restituant ; qui etiam dono fuerunt consecuti, eadem similiter isdem Christianis quantocius reddant, etiam vel hi qui emerunt vel qui dono fuerunt consecuti, si petiverint de nostra benivolentia aliquid, vicarium postulent, quo et ipsis per nostram clementiam consulatur. Quae omnia corpori Christianorum protinus per intercessionem tuam ac sine mora tradi oportebit.

9. Et quoniam idem Christiani non [in] ea loca tantum ad quae convenire consuerunt, sed alia etiam habuisse noscuntur ad ius corporis eorum id est ecclesiarum, non hominum singulorum, pertinentia, ea omnia lege quam superius comprehendimus, citra ullam prorsus ambiguitatem vel controversiam isdem Christianis id est corpori et conventiculis eorum reddi iubebis, supra dicta scilicet ratione servata, ut ii qui eadem sine pretio sicut diximus restituant, indemnitatem de nostra benivolentia sperent. 10. In quibus omni bus supra dicto corpori Christianorum intercessionem tuam efficacissimam exhibere debebis, ut praeceptum nostrum quantocius compleatur, quo etiam in hoc per clementiam nostram quieti publicae consulatur. 11. Hactenus fiet, ut, sicut superius comprehensum est, divinus iuxta nos favor, quem in tantis sumus rebus experti, per omne tempus prospere successibus nostris cum beatitudine publica perseveret. 12. Ut autem huius sanctionis benivolentiae nostrae forma ad omnium possit pervenire notitiam, prolata programmate tuo haec scripta et ubique proponere et ad omnium scientiam te perferre conveniet, ut huius nostrae benivolentiae [nostrae] sanctio latere non possit.

13. His litteris propositis etiam verbo hortatus est, ut conventicula statum pristinum red derentur. Sic ab eversa ecclesia usque ad restitutam fuerunt anni decem, menses plus minus quattuor.


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