DCHindley

If you are still talking about Novella 146, it was in fact a law. Roman law worked quite differently than modern law does. Each Praetorian Prefecture (I think there were four or five, established by Constantine) operated independently, although they all took as law any edicts of the emperors themselves. A lot of these laws were in the name of Roman Jurors, and these also were considered to be basic laws. Justinian was the first emperor to collect and organize these into a unified Civil Law. The laws were grouped under the heads INSTITUTIONES, DIGESTA, CODEX IUSTINIANUS and NOVELLAE. They, as well as English Common Law, serve as the basis of many current laws in the US and UK, and are still studied in Law Schools around the world.

Time to head to work. Later ...

DCH

Duvduv

I noticed that later codes from the 6th century used the term orthodox Christian rather than merely Christian. I wonder if that was meant as a leniency or indicated that whoever was not orthodox was not considered a Christian.
is it also possible that the principle of fictitious laws was a Roman principle that also applied to writings attributed to heresiologists? Meaning that pure invention of history was an acceptable practice and there was nothing wrong with it?

If this is so, to what extent do modern historians take this behavior into account?

mountainman

See Charles Freeman's two books:
AD 381: Heretics, Pagans and the Christian State (or via: amazon.co.uk), and
The Closing Of The Western Mind: The Rise of Faith and the Fall of Reason (or via: amazon.co.uk)

DCHindley

Duvduv,

You seemed frustrated at the fact that you cannot even trust a source like a translation of Roman Civil law. I'm no expert at Latin, but I think I have largely broken down the Latin along the lines I had done with James Parkes' translation featured on that webpage link you gave earlier. Some folks here can follow it a bit (god forbid LOM discovers this). The other columns have Parkes' translation and again one made two years earlier and published posthumously by the estate of S P Scott. They are dated 1934 and 1932 respectively. By comparison, I think that Parkes' translation seems to capture the Latin more faithfully of the two.

	Corpus Iuris Civilis, Volumen Tertium, Novellae, Ricognovit Rudolfus Schoell, (Berolini: Apud Weidmannos, 1895), 714-718	The Conflict of the Church and the Synagogue: A Study in the Origins of Antisemitism, by James Parkes: (New York: JPS, 1934), 392-393	THE CIVIL LAW Translated from the original Latin, edited, and compared with all accessible systems of jurisprudence ancient and modern by S. P. SCOTT. Volume 17 (Cincinnati: Central Trust Company, 1932)
	CXLVI. Idem Aug. Areobindae pp.	8.ii.553. Nov.146. Justinian to Areobindas, P.P.	ONE HUNDRED AND FORTY-SIXTH NEW CONSTITUTION. The Same Emperor to Ariobindus, Praetorian Prefect.
1	Ut liceat hebraeis secundum traditionem legere sacras scripturas latine vel graece vel alia lingua,	A Permission granted to the Hebrews to read [aloud] the Sacred Scriptures according to Tradition [in their synagogues], in Greek, Latin or any other Language,	HEBREWS SHALL BE PERMITTED TO READ THE SACRED SCRIPTURES ACCORDING TO THEIR LAW IN LATIN, GREEK, OR ANY OTHER LANGUAGE.
2	et ut de locis suis expellantur non credentes iudicium vel resurrectionem vel angelos esse creaturam	and an Order to expel from their community those who do not believe in the judgment, the Resurrection, and the Creation of Angels.	PERSONS WHO DO NOT BELIEVE IN THE LAST JUDGMENT OR THE RESURRECTION, AND WHO SAY THAT THE ANGELS ARE CREATURES OF GOD, SHALL BE EXPELLED FROM THEIR COUNTRY.
3	(Praefatio.) Necessarium quidem erat Hebraeos sacros libros audientes	Preface. Necessity dictates that when the Hebrews listen to their sacred texts [being read]	PREFACE. It is necessary for the Hebrews who understand the Sacred Books
4	non solis litteris adhaerere,	they should not confine themselves to the meaning of the letter,	not to adhere strictly to their literal meaning,
5	sed ad reconditas eis prophetias respicere,	but should also devote their attention to those sacred prophecies which are hidden from them,	but to take into consideration the prophesies contained therein,
6	per quas magnum deum et salvatorem generis humani Iesum Christum adnuntiant.	and which announce the mighty Lord and Saviour Jesus Christ.	which announce the coming of Jesus Christ, the Saviour of the human race.
7	Sed etiamsi insensatis semet ipsos interpretationibus tradentes a recta usque nunc gloria aberrant,	And though, by surrendering themselves to senseless interpretations, they still err from the true doctrine,	As, however, they, by adopting incorrect interpretations of the Scriptures, have, up to this time, wandered from the true faith,
8	tamen certari ad invicem non comprehenderunt sine iudicio eis relinquere tumultum.	yet, learning that they disagree among themselves [about the proper language for reading scriptures], we have not permitted this disagreement to continue without a ruling on our part.	and adduce arguments in their favor, We shall not permit this controversy to continue any longer without being settled.
9a	Propterea enim ipsorum quao primitus in medio adducta sunt [proenenegmenon]	From their own complaints which have been brought to us, we have understood that	For the reason that they have frequently stated that,
9b	quidam solius habentes Hebraicae vocis et ipsa utentes in sacrorum librorum lectione volunt,	some only speak Hebrew, and wish to use it for the sacred books,	being only acquainted with the Hebrew language, they wish to make use of it in the Sacred Books
9c	neque Graecam tradere diguanitur,	and others [who do not speak Hebrew] think that a Greek translation should [also] be added,	but have not deemed it advisable to translate them into Greek,
9d	et multum dudum aurum pro boc ad invicem eos commovit.	and that they have been disputing about this for a long time.	and, on this account, they have, for a long time, been greatly embarrassed,
10	Nos igitur huiusmodi discentes melius iudicavimus esse et Graecam vocem ad sacrorum librorum lectionem tradere volentes, et vocem omnem simpliciter quam locus aptiorem et magis coguitam audientibus lacit.	Being apprised of the matter at issue, we give judgment in favour of those who wish to use Greek also for the reading of the sacred scriptures, or any other tongue which in any district allows the hearers better to understand the text.	We have decided that it will be better to permit them to read them, not only in Greek, but in any other language which will make them better understood by the hearers, because of its being more familiar to them.
11	CAPUT I. Sancimus igitur licentiam esse volentibus Ilebraeis et synagogas suas, in quem Hebraei omnino locum sunt, per Graecam vocem sacros libros legere convenientibus et patria forte lingua (hac dicimus) et aliis simpliciter, locis translatis lingua et per ipsius lectionis,	Ch. I. We therefore sanction that, wherever there is a Hebrew [i.e., Jewish] congregation, those who wish it may, in their synagogues, read the sacred books [the Law & Prophets] to those who are present in Greek, or even Latin, or any other tongue.	CHAPTER I. Therefore We order that the Hebrews (no matter in what Hebrew district they may be) shall be permitted to read the Sacred Books in Greek, or in the language of the country, before the persons assembled in their synagogues (that is to say, Latin), or in any other language —
12	per quam clara sunt quae dicuntur convenientibus omnibus deinceps, et secundum haec vivere et couversari;	For the language changes in different places, and the reading changes with it, so that all present may understand, and live and act according to what they hear.	provided that it is not a different one from that spoken in the place—in order that the reading of the said Books may be understood by all who are present, and that the latter may continue to live in accordance with their precepts.
13	et non fiduciam esse his qui apud eos sunt expositoribus solam Hebraicam tradentibus malignari hanc, quemadmodum voluerint, multorum ignorantia suam eis abscondentes malam consuctudinem.	Thus there shall be no opportunity for their interpreters [i.e., the commentators], who make use only of the Hebrew [books of the Law and Prophets incl Psalms], to corrupt it in any way they like, since the ignorance of the public conceals their depravity.	We do not, however, allow the Hebrew translators to corrupt the text, and conceal their fraud because of the ignorance of many persons.
14	Verumtamen hi qui per Graecam legunt septuaginta utantur traditione,	We make this proviso that those who use Greek shall use the text of the seventy interpreters,	Those who read the Sacred Writings in Greek shall make use of the Septuagint,
15	quae omnibus certior et ab aliis melior iudicata, praecipue propter quod interpretation contigit, quia et per multos divisos et per diversa interpretantes loca tamen unam omnes tradiderunt compositionem.	which is the most accurate translation, and the one most highly approved, since it happened that the translators, divided into two groups, and working in different places, all produced exactly the same text.	which is considered the most correct, and the best; as the authors, although separated from one another and residing in different localities, nevertheless, all agreed in the version which they made.
16a	1 Ad haec vero quis non horum virorum et illud admiretur, quia multo antiquiores salutari apparition magni dei et salvatoris nostri Iesu Christi	i. Moreover who can fail to admire those men, who, writing long before the saving revelation of our mighty Lord and Saviour Jesus Christ,	And, indeed, who would not be surprised to learn that these men, having lived a long time before the beneficent appearance of Our Lord Jesus Christ,
16b	constitutitamen illam futuram tamquam videntes sacrorum librorum traditionem fecerunt, tamquam prophetiae gratia circumfulgente eos?	yet as though they saw its coming with their eyes [they] completed the translation of [all] the sacred books as if the prophetic grace was illuminating them.	predicted the events mentioned in the Sacred Books, just as if they had been witnesses of them, and had been enlightened by the grace of prophesy?
17a	Et hac quidem utentur praecipue omnes.	This* therefore they shall primarily use,
17b	Non tamen tamquam eis residuas excludere sanxerimus interpretationes, licentiam damus et Aquilae uti, vel si alienae tribus ille et non competentem in aliquibus sermonibus habet a septuaginta interpretatione dissonantiam.	but that we may not seem to be forbidding all other texts we allow the use of that of Aquila, though he was not of their people, and his translation differs not slightly from that of the Septuagint [Lxx].	Without intending to exclude the other versions, We also permit the Hebrews to make use of that of Aquilea, even though it is foreign, and does not in some points agree with the Septuagint.
18	2 Eam vero quae ab eis dicitur secunda editio interdicimus,	ii. But [that which] they call […] the second tradition, we prohibit entirely.	We, however, absolutely forbid the use of the one which the Hebrews call the second edition,
19	utpote sacris non coniunctam libris	For it is not part of the sacred books,	for it does not form a part of the Sacred Books,
20	neque desuper traditam de prophetis,	nor is it handed down by divine inspiration through the prophets,	it was not handed down to Us by the prophets,
21	sed inventionem constitutam virorum , ex sola loquentibus terra et divinum in ipsis habentibus nihil.	but the handiwork of man, speaking only of earthly things, and having nothing of the divine in it.	and is an invention devised by men who only speak of earthly things, and who had in them nothing that was divine.
22	Et ipsas ergo sacras voces legentes,	But let them read the holy words [of scriptures in translation] themselves [in community],	The Hebrews, then, shall read the sacred words;
23	ipsos codices respuentes,	rejecting the commentaries,	they must reject the versions that have not been approved,
24	sed non abscondentes quidem quae per eos dicta sunt,	and not concealing what is said in the sacred writings,	and not discard those which are genuine
25	exterioribus vero traditis sine scriptis novae vocis ad simplicium ipsis intelligentium perditionem:	and disregarding the vain writings which do not form a part of them, which have been devised by them themselves for the destruction of the simple.	to make use of foreign translations, transmitted orally, and devised for the perdition of weak persons.
26	ut hac data a nobis licentia neque damnis aliquibus subicientur omniuo qui Graecam vocem et alias tradunt neque ab aliquo prohibentur;	By these instructions we ensure that no one shall be penalised or prohibited who reads the Greek or any other language.	But, in order that those who translate Greek or other languages may not, in any way, be inconvenienced on account of the power which We grant them, and which no one whosoever shall prevent them from exercising,
27	neque licentiam habebunt hiqui ab eis maiores omnibus archipherecitae aut presbyteri forsitan aut magistri appellati peri Doeis aliquibus aut anathematismis hoc prohibere,	And their elders, Archiphericitae and presbyters, and those called magistrates, shall not by any machinations or anathemas have power to refuse this right,	We forbid those whom the Hebrews call great archipheretitas, or priests or masters, to prevent perinoei or anathematismi from translating the Sacred Writings,
28	nisi velint propter eos castigati corporis poenis et insuper haec privationem facultatum nolentes sustinere , meliora vero et deo amabiliora volentibus nobis et iubentibus.	unless by chance they wish to suffer corporal punishment [flogging] and the confiscation of their goods, before they yield to our will and to the commands which are better and clearer to God which we enjoin.	unless the former should desire to undergo corporeal penalties, and, in addition, lose their property, for We order and desire what is best and most pleasing to God.
29	CAPUT II. Si quidam vero apud eos vanae vocis eloquia impia inferre praesumpserint , aut resurrectionem et iudicium negare aut facturam dei et creaturam angelos subsistere ,	Ch.II. If any among them seek to introduce impious vanities, denying the resurrection or the judgment, or the work of God, or that angels are part of creation, we require them everywhere to be expelled forthwith;	CHAPTER II. If, indeed, any persons should presume to have atheistic writings in their possession, or should deny the Resurrection, the Last Judgment, or the birth of God, or should say that angels are creatures, We order that they shall be expelled from every part of the Empire,
30	hos et expelli volumus loco omni et non relinqui vocem blasphemam et a dei semel lapsam notitia. Praesumentes enim eos affari aliquid buiusmodi ultimis subdantur suppliciis, illato errore ex hoc Iudaeorum emendantes gentem.	that no backslider raise his impious voice to contradict the evident purpose of God. Those who utter such sentiments shall be put to death, and thereby the Jewish people shall be purged of the errors which they introduced.	that they shall be deprived of the power of blasphemy, and that the punishment of death shall remove such false doctrines from the Jewish Nation which does not acknowledge the true God.
31	CAPUT III. Oramus vero in eos aut per istam aut per illam linguam sacros libros	Ch. III. We pray that when they hear the reading of the books in one or the other language,	CHAPTER III. We, however, beseech all who hear the Sacred Books in either Greek or Hebrew
32	audientes servare quidcm iuterpretantium malignitatem,	they may guard themselves against the depravity of the interpreters,	to make allowance for the evil disposition of the translators,
33	non solas vero considerare litteras,	and, not clinging to the literal words,	and not only consider the literal sense of the terms,
34	sed rebus effici et divinum veraciter intellectum accipere,	come to the point of the matter, and perceive their diviner meaning,	but also adopt the Divine meaning;
35	ut et redoceri quod melius est etquiescere aliquando errantes,	so that they may start afresh to learn the better way,	so that those who sometimes accept errors,
36	et de hoc ipso omnium [anagkaiotera] necessariora peccautibus, in deum spem diciinus	and may cease to stray vainly, and to err in that which is most essential, we mean hope in God.	and sin in matters which are most important (We mean with reference to hope in God) may be instructed in the true Faith, and live in peace.
37	Propterea enim omnem eis vocem aperimus ad sacrorum librorum lectionem, ut omnes de cetero eorum accipientes scientiam doctiores ad melius fiant,	For this reason we have opened the door for the reading of the scriptures in every language, that all may henceforth receive its teaching, and become fitter for learning better things.	For this reason, We permit the Hebrews to make use of all languages for the reading of the Sacred Books, so that in the future they may become familiar with the precepts contained therein, and make more rapid progress in better things.
38	confessam constituti parati multum ad discretionem et ad meliorem intentionem sacris inscriptam libris et parum quod deest habentem ad emendationem,	For it is acknowledged that he, who is nourished upon the sacred scriptures and has little need of direction, is much readier to discern the truth, and to choose the better path,
39	si scientem quidem horum nihil, solum vero culturae inchoatum nomine, et tamquam ancora retinente sacra, et doctrinam divinam puram haeresis appellationem esse putantes.	than he who understands nothing of them, but clings to the name of his faith alone, and is held by it as by a sacred anchor, and believes that what can be called heresy in its purest form is divine teaching.
40	[Latin translation of Greek] Epilogus. Quae igitur placucrunt nobis et per hanc sacram tegem declarantur custodiet quidem tua gloria et quod tibi obtemperat officium, custodiet autem qui pro tempore in eodem magistratu constitutes erit, nec permittet omnino Hebraeos adversus haec quidquam facere,	Epilogue. This is our sacred will and pleasure, and your Excellency and your present colleague and your staff shall see that it is carried out, and shall not allow the Hebrews [the Jews] to contravene it.	EPILOGUE. Therefore Your Glory, as well as the persons attached to Your court, will see that the matters which it has pleased Us to decree by the present law are observed. The magistrate appointed by you will cause the said law to be executed, and will not permit the Hebrews to violate any of its provisions;
41	sed eos qui resistant vel etiam impedire omnino temptent corporaiibus primum poenis subiectos in exilio habitare compeilet, exutos etiam bonis suis, ne audacia pariter contra deum et imperium se efferant.	Those who resist it or try to put any obstruction in its way, shall first suffer corporal punishment [flogging], and then be compelled to live in exile, forfeiting also their property, that they flaunt not their impudence against God and the empire.	he will inflict corporeal penalties upon those who attempt to violate it, and will send them into exile, and deprive them of their property, in order to prevent them from audaciously rising up against God and the Empire;
42	Sed praeceptis quoque uteris ad pro vinciarum praesides lege nostra praemissa, ut ipsi quoque ea cognoscentes in singulis civitatibus proponant, cum sciant haec necesse esse observare eos nostram indignationem veritos.	You shall also circulate our law to the provincial governors, that they learning its contents may enforce it in their several cities, knowing that it is to be strictly carried out under pain of our displeasure.	and he must also despatch orders to the Governors of provinces, directing them to execute Our law, and the said Governors, after having had it communicated to them, shall themselves publish it in every city; and they are hereby notified that it must be observed by those who do not desire to suffer the effects of Our indignation.

DCH

Duvduv

Well, Dave, where do these translations leave us?
And what do you think about the flow of the text skipping from17b to 26?
Doesn't it seem as though what is in between doesn't belong between 17b and 26?

DCHindley

Apparently that subsection is in all the Latin manuscripts, but I will agree that it interrupts the flow, but it is probably indicated in the preface (row 7). If 19-26 is an interpolation, so must be 7.

Here's a Christian Emperor who thinks he knows what is best for them thar Jews: to hear the prophets read so that they will, like Paul, have scales fall from their eyes, see the truth of Christianity fortold in them, and reject the rabbinists, who he felt were conspiring to keep the truth of Christianity from the Jewish peoples.

Sounds like modern US presidential politics.

DCH

Duvduv

Yes I agree. And 7 does sound superfluous.
But if the letter is purely meaningless in fact one can only wonder about all those Theodosian prohibitions and canons that don't make sense either.

la70119

LSJ says the Latin word for heresy meant any religious or philosophical school of thought.

LSJ - haeresis

Of course the Constantinian Church exempted itself, and the Empire exempted it, from all banned haereses.

If pagans weren't deemed heretics, and Romans chapter 1 says they were, then why were they finally persecuted out of existence?

Romans 1

The writer of Romans called non-Jews heretics because according to him, they once "knew God" but "neither glorified God nor gave thanks to Him" and so on and so on and so on. He then goes on about his pet theory of homosexuality ever since.

But mountainman is right. The Orthodox Christians thought everyone who didn't think like them were heretics.