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Old 11-17-2007, 03:31 AM   #1
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Default Codex Theodosianus - English Translation?

Codex Theodosianus

Since earlier threads on this are inactive here we go again.
There appears still to be no English translations of this
fifth century codex on the net.

It may be that the sensitive nature of issues recorded in
this codex, edicts from the time of Constantine for 100 years,
have not made pleasant reading.

I have spent some time browsing around looking for English
translations (which include Book 16) less than $100, but
these appear rare. The Latin is freely available.

If anyone finds an English translation (from any century)
could they post some details here.

Cursory Analysis by Legislation Date

Out of interest I imported the Latin text of the entire
16 books of this codex into a database,and wrote a
script based on the ("reasonably consistent") appearance
of the date of each edict bracketted at the end of the
Latin text, to extract the date and associate it with the
book, chapter and verse, etc of the entire codex.

Below I have copied the output for all edicts in the
timeof Constantine. The full listing contains over
500 citations by date, and if anyone wants me to
post it here, just say so.

The Latin text is truncated here at 20 characters
to simply provide an idea of the chronological sort.

If anyone wants the full set with the full text sorted
in this chronological order, message me with an email
address, and I'll mail you an excel spreadsheet.

Here are the 60 odd citations for Bullneck:


Codex Reference / Legal Date / Latin Text (20 chrs)

CTh.1.2.1 314 [?] dec. 30). Imp. Constantinus a.
CTh.9.5.1pr. 314 [320-323] ian. 1). In servis quoque vel
CTh.4.12.1pr 314 apr. 1). Imp. Constantinus a.
CTh.12.10.1 314 ian. 30). Et quia nefas est ob
CTh.13.4.1 314 mart. 19). Imp. Constantinus a.
CTh.8.8.5 314 vel 315 [immo 313] nov. 8) Imp. Constantinus a.
CTh.11.33.0. 315 [313] nov. 1). Idem a. ad Aelianum
CTh.1.12.0. 315 [313] oct. 30). Imp. Constantinus a.
CTh.9.39.0. 315 [316?] mart. 21). Idem a. Eumelio. Si
CTh.6.35.0. 315 [319] iul. 27). Idem a. ad Proculum
CTh.11.30.0. 315 iun. 17 [360 ian. 18]). Imp. Constantinus a.
CTh.14.7.2 [ 315 sept. 18). Imp. Constantinus a.
CTh.1.2.3 316 [immo 317/8] dec. 3). Idem a. Septimio Bas
CTh.4.11.1 [ 316 dec. [?] 23). Idem a. ad. Vettium
CTh.12.7.0. 316 ian. 30). Idem a. Mecilio Hila
CTh.13.4.0. 319 [315] mai. 28). Idem a. Amabiliano p
CTh.2.9.1 319 [352] mai. 12). Imp. Constantinus a.
CTh.6.34.1 319 [immo 352] apr. 27). Idem a. ad Rufinum p
CTh.4.16.1 319 dec. 26). Imp. Constantinus a.
CTh.11.28.16 319 febr. 10). Idem a. profuturo pr
CTh.7.20.12p 319 febr. 16). Imp. Constantinus a.
CTh.11.39.13 319 iul. 1). Idem a. Patroclo. Nu
CTh.10.18.0. 319 mai. 30). Idem a. ad provincia
CTh.2.10.1 319 nov. 1). Imp. Constantinus a.
CTh.2.10.2 319 nov. 1). Idem a. ad Antiochum
CTh.7.20.2pr 320 [?] mart. 1). Filios quoque eorum
CTh.8.15.6.1 320 ian. 31). Verum huius benefici
CTh.9.3.1pr. 320 iun. 30). Illud etiam observab
CTh.4.13.3 [ 321 aug. 1). Idem a. Menandro. Ru
CTh.16.8.2 321 dec. 11). Idem a. decurionibus
CTh.11.30.8p 321 ian. 12). Idem a. ad Maximum.
CTh.4.13.2 [ 321 iul. 13). Idem a. Menandro. Un
CTh.1.4.1 321/4 [321] sept. 28). Imp. Constantinus a.
CTh.13.2.0. 321/4 aug. 1). Quoniam gravissimis
CTh.3.32.1 322 [325?] Dec. 18). Imp. Constantinus a.
CTh.11.27.0. 322 iul. 6). Idem a. Menandro. Pr
CTh.7.10.1.2 323 apr. 28). Imp. Constantinus a.
CTh.11.8.2 323 dec. 31). Imp. Constantinus a.
CTh.11.15.2 323 mai. 21). Idem a. ad Ulpium Fl
CTh.12.6.28 325 [?] mart. 6). Imp. Constantinus a.
CTh.1.5.1 325 aug. 29). Imp. Constantinus a.
CTh.7.20.3 325 iun. 17). Idem a. ad Maximum p
CTh.7.20.1 325 iun. 17). Alares autem et coho
CTh.2.10.3 325 mart. 30). Idem a. Helladio. Sa
CTh.7.3.0. Q 325 oct. 19). Imp. Constantinus a.
CTh.11.37.0. 325 sept. 17). Imp. Constantinus a.
CTh.14.3.19 326 [324] apr. 11). Idem a. Lucrio Verin
CTh.8.4.30.1 326 [339] febr. 15). Idem a. ad Acindynum
CTh.7.22.2.2 326 iul. [mart.?] 30). Singularum autem civ
CTh.9.19.4.1 326 iul. 6). Idem a. ad Tertullum
CTh.8.5.0. D 326 iun. 22). Idem a. Menandro. Ce
CTh.3.30.3 326 mart. 15). (326 mart. 15).
CTh.3.30.3.6 326 mart. 15). ...vel curatore soll
CTh.3.30.3.7 326 mart. 15). Animalia quoque supe
CTh.1.5.2 327 [?] ian. 21). Idem a. ad Maximum p
CTh.11.30.10 327 iul. 31). Idem a. Victori rati
CTh.7.20.2.1 328 [?] dec. 29). Idem a. Maximo praef
CTh.2.26.1 330 febr. 22). Imp. Constantinus a.
CTh.3.30.4 331 aug. 1). Idem a. ad universos
CTh.7.20.13 331 aug. 4). Idem a. ad Evagrium.
CTh.1.16.6 331 nov. 1). Idem a. ad provincia
CTh.4.12.4 [ 331 oct. 6). Idem a. Quaecumque m
CTh.8.8.0. D 333 mai. 5). Idem a. ad Maximum p
CTh.1.32.1 333 oct. nov.). Imp. Constantinus a.
CTh.8.16.0. 334 mart. 30). Idem a. ad Severum c
CTh.4.6.2 336 apr. 29). ...........ri fecit
CTh.12.1.19 336 aug. 22). Idem a. ad Evagrium


Best wishes,


Pete Brown
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Old 11-17-2007, 10:39 AM   #2
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Quote:
Originally Posted by mountainman View Post
Codex Theodosianus

Since earlier threads on this are inactive here we go again.
There appears still to be no English translations of this
fifth century codex on the net.

It may be that the sensitive nature of issues recorded in
this codex, edicts from the time of Constantine for 100 years, have not made pleasant reading.
The fact that the copyright on the only English translation is owned by a firm of lawyers may have something to do with it. They renewed the copyright, drat them, or it would be PD.

Anyone feeling brave?

All the best,

Roger Pearse
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Old 11-17-2007, 03:23 PM   #3
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The domain codextheodosianus.com has been
sitting around for 12 months.

Although in searching I recall to have seen two
English translations made in the 17th century,
is it a fact there is one only English translation
of this text surviving?

NOTE: This reference from Britannica:

Quote:
Jacques Godefroy (1587–1652), also a son of Denis I, was a professor at the University of Geneva. His edition of the Codex Theodosianus, published posthumously, was his most important work.
Surely there must have been other English trans
made at some point, aside from the one presently
under copyright, since the 17th century.

I am still wading through the Results 1 - 100 of
about 42,900 for "Codex Theodosianus". (0.16 seconds)


This image, from the Banana Benders Government site mentions
an author/translator? - if I can read it right - Jacobi Gothofredi
which appears to be the same one mentioned by Britannica.



Is there some already extant summary of all
the past English translations of this codex?



Best wishes,


Pete Brown
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Old 11-17-2007, 03:51 PM   #4
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Like most people I hesitate to reply to this. But sources should be available online, IMHO, even if this accessibility is abused.

Quote:
Originally Posted by mountainman View Post
Although in searching I recall to have seen two English translations made in the 17th century, is it a fact there is one only English translation of this text surviving?
I couldn't say. The one that I have seen is complete, but in copyright.

Quote:
NOTE: This reference from Britannica:

Quote:
Jacques Godefroy (1587–1652), also a son of Denis I, was a professor at the University of Geneva. His edition of the Codex Theodosianus, published posthumously, was his most important work.
His discovery of the Codex Agobardinus of Tertullian seems to be fairly important to me, in that he was able to publish from it otherwise unknown texts by that author. But of course his publications were in Latin, not in English.

Quote:
Surely there must have been other English trans made at some point, aside from the one presently under copyright, since the 17th century.
Is there evidence of any in the 17th century?

The one that I have seen -- a massive volume -- is

The Theodosian Code and Novels and Sirmondian Constitutions. A translation with commentary, glossary and bibliographies by C. Pharr ... [et al.]. Series: Corpus of Roman Law ; 1. Princeton U.P., 1952.

I see that it has been reprinted at least twice, recently in 2001. ISBN: 1584771461. 643 pages.

All the best,

Roger Pearse
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Old 11-17-2007, 04:26 PM   #5
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Amazon has used copies (or via: amazon.co.uk) for $115 US.
Quote:
Originally Posted by anonymous reviewer
Although Pharr's translation has been criticised as inaccurate by some scholars, it is nonetheless a monumental achievement, and the full Latin text is available online if you need to check any of the fine points. The Lawbook Exchange reprint is of good quality, superbly bound and well scanned and printed, though I did find one page that was off center and hence missing the ends of lines. On balance, well worth the price for any serious student of this fascinating period of history.
There are some selections (fairly small) linked from this page:

Selected Sources: the End of the Classical World (search on Theodosian Code)
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Old 11-17-2007, 09:03 PM   #6
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Bryn Mawr Classical Review 2001.02.27
John F. Matthews, Laying Down the Law. A Study of the Theodosian Code.
Reviewed by Marietta Horster, University of Rostock

Provides some background comments to the current situation.

Gibbon seems to think there is more in this code
than the general critic of his tome is prepared
to actually research.

From his "Quotations" ...

Quote:
Originally Posted by Edward Gibbon
I. Quotations In General
by Edward Gibbon

"The remarkable mode of quotation which Mr. Gibbon adopts must immediately strike every one who turns to his notes. He sometimes only mentions the author, perhaps the book; and often leaves the reader the toil of finding out, or rather guessing at the passage. The policy, however, is not without its design and use. By endeavouring to deprive us of the means of comparing him with the authorities he cites, he flattered himself, no doubt, that he might safely have recourse to misrepresentation."
Such is the style of Mr. Davis; who in another place mentions this mode of quotation "as a good artifice to escape detection;" and applauds, with an agreeable irony, his own labours in turning over a few pages of the Theodosian Code.
Best wishes,


Pete Brown
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Old 11-19-2007, 02:15 AM   #7
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Quote:
Originally Posted by mountainman View Post
Quote:
Originally Posted by Edward Gibbon
I. Quotations In General
by Edward Gibbon

"The remarkable mode of quotation which Mr. Gibbon adopts must immediately strike every one who turns to his notes. He sometimes only mentions the author, perhaps the book; and often leaves the reader the toil of finding out, or rather guessing at the passage. The policy, however, is not without its design and use. By endeavouring to deprive us of the means of comparing him with the authorities he cites, he flattered himself, no doubt, that he might safely have recourse to misrepresentation."
Such is the style of Mr. Davis; who in another place mentions this mode of quotation "as a good artifice to escape detection;" and applauds, with an agreeable irony, his own labours in turning over a few pages of the Theodosian Code.
As someone who has done what Mr Davis suggested, I agree entirely with him in his opinion of Gibbon's approach and motives. Nor is this the first occasion on which Gibbon responded to such criticism mendaciously.

A great writer of English literature, but far too busy paying back his father for sending him to live with a poor calvinist pastor in Switzerland after Gibbon declared that he had become a Roman Catholic.

All the best,

Roger Pearse
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Old 11-19-2007, 06:51 PM   #8
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Quote:
Originally Posted by Roger Pearse View Post
Quote:
Originally Posted by mountainman View Post
As someone who has done what Mr Davis suggested, I agree entirely with him in his opinion of Gibbon's approach and motives. Nor is this the first occasion on which Gibbon responded to such criticism mendaciously.

A great writer of English literature, but far too busy paying back his father for sending him to live with a poor calvinist pastor in Switzerland after Gibbon declared that he had become a Roman Catholic.

All the best,

Roger Pearse

Dear Roger,

I will accept a position on Gibbon as defined
by the Catholic Encyclopedia in its definition
of the term Historical criticism:

Quote:
Historical criticism is the art
of distinguishing the true from the false
concerning facts of the past.

It has for its object both the documents
which have been handed down to us
and the facts themselves.

We may distinguish three kinds of historical sources:
written documents, unwritten evidence; and tradition.

As further means of reaching a knowledge of the facts
there are three processes of indirect research, viz.:
negative argument, conjecture, and a priori argument.

It may be said at once that the study of sources
and the use of indirect processes will avail little
for proper criticism if one is not guided chiefly
by an ardent love of truth such as will prevent him
from turning aside from the object in view
through any prejudice, religious, national,
or domestic, that might trouble his judgment.



Language - English (eng)
Personal name - Gibbon, Edward
Main title - The history of the decline and fall of the roman empire
Remainder of title page - Edward Gibbon
Place of publication - [S.l.
Name of publisher - s.n.]
Source Source: - The Vatican City State: "Index Librorum Prohibitorum, Anno 1946"
General note - "Index Librorum Prohibitorum" was distributed to Catholic congregations around the world., Decr. 26 sept 1783
Censoring body - Censoring body: Roman Catholic Church
Legal reference - Banned for religious reasons
Period of censorship - 1783
Type of material - book
Country - Holy See (8052)
Reason for censorship - Religious
Type of censorship - Banned


Best wishes


Pete Brown
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Old 11-20-2007, 06:55 PM   #9
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PRINCIPAL SOURCES
Editions and translations
Codex Theodosianus


• Aegidius. – Summae sive argumenta legum diversorum imperatorum.., Antwerpen, 1517.
• Baudi di Vesme. – Corpus iuris Romani, II, Codex Theodosianus, Torino, 1839.
• Cuiacius. – Lyon, 1566, 1593 ; Genève, 1586 ; Paris, 1586, 1607.
• Gothofredus. – Codex Theodosianus, Lyon, 1665 ; Leipzig, 1736-45.
• Haenel. – Codex Theodosianus : Ad LIV Librorum Manuscriptorum..., Bonn, 1837-42.
• Haenel. – Novellae Constitutiones Imperatorum Theodosii II, Valentiniani III..., Bonn, 1844.
• Haenel. – XVIII Constitutiones quas Iacobus Sirmondus..., Leipzig, 1844.
• Krueger. – Codex Theodosianus, Berlin, 1923.
• Magnou-Nortier et alii. – Le code de Théodose, livre XVI, et sa réception..., Paris, 2002.
• Meyer, Mommsen. – Theodosiani libri XVI.., Berlin, 1905, 1954.
• Pharr. – The Theodosian Code and Novels and the Sirmondian Constitution, Princeton, 1952.
• Rougé et alii. – Les lois religieuses des empereurs romains.., I, Code Théodosien, Paris, 2005.
• Sichardus. – Codicis Theodosiani libri XVI, Basel, 1528.
• Sirmondus. – Appendix codicis theodosiani novis Constitutionibus cumulatior, Paris, 1631.
• Tilius. – Paris, 1550.

And in addition there are another two English translation
works, the first deals with a treatment of the laws, and
I have not any further data yet on the second, by Coster.
There may be more.

• 1905 - The Ecclesiastical Edicts Of The Theodosian Code B - William Kenneth Boyd (1879-1938)
• 1935 - LATE ROMAN STUDIES - Charles Henry Coster

From the William Kenneth Boyd work:

Quote:
Originally Posted by William Kenneth Boyd
The Ecclesiastical Edicts
Of The Theodosian Code
By William Kenneth Boyd

Chapter I

The Conflicts between
Paganism and Christianity
as it appears in the Code

An introduction to the ecclesiastical legislation of the
Roman empire,suggestive of vast influence which the church
acquired in public affairs, is to be found in the attitude
of Christian emperors towards the ancient national religious
system, properly known as paganism. The relation of this
system to the Roman government had been primarily political.
Since the dawn of Roman history its representatives had
received political priveliges and exemptions from economic
obligation to the state, while in return religion gave a
moral support to political institutions. The new career
of the church that began with Constantine wrought a vast
change in this aspect of Roman civilisation. The aliance
of paganismand theempire was disolved; in its place there
developed a union of the Christian church and the state.
Yet the ancient religious institutions were so intimately
associated with the national tradition and custom that the
transition form the old order to the new was a gradual one,
and in the legislation which discloses it there are three
distinct periods.

The first of these includes the laws of Constantine and
his sons,which reveal all the characteristics of the
religious problem. Constantine,by confering the rights of
a corporation on the church, by exempting the clergy from
the economic burdens of citizenship and by introducing
the episcopal court into the judicial system, made himself
the subject of praise and reverance in ecclesiastical
tradition. But he never withdrew the support which the
state had always given to the established religious institutions,
and the pagan mould of Roman society was
not decisively changed. The exact nature of his religious
policy has been the subject ofmore than 300 books and
monographs since the 16th century.

Was he actuated by political motives, the desire to
balance the Christian and the pagan forces in the Empire,
or did political conditions prevent him from making
an open attack on the institutions of paganism on
behalf of Christianity? Was he at heart a pagan,
playing a political game with the church, or was he
a Christian, forced by circumstances to tolerate
and endure moral and religious conditions with which
he had no sympathy?

For the answer to these enquiries there are four classes
of evidence:

* the opinion of literary contemporaries,

* the testimony of inscriptions,

* Constantine's general conduct and attitude towards
religious institutions, to be gathered from existing
accounts of his life, and lastly,

* his legislation.


As to the first of these,the Christian writers are
unanimous in their belief of Constantine's piety and
devotion to the church,while the pagan authors never
accuse him of hypocrisy. The principal literary source
relied upon by those who have doubted the sincerity
of his religious professions is Zosimus, the embittered
pagan historian of the fifth century. He tells the story
of Constantine without reference to Christianity, repeats
the slanders upon his character made by Julian, and describes
him as a man devoid of humane and religious instincts.
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Old 11-24-2007, 05:01 AM   #10
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Quote:
Originally Posted by Roger Pearse View Post
The Theodosian Code and Novels and Sirmondian Constitutions. A translation with commentary, glossary and bibliographies by C. Pharr ... [et al.]. Series: Corpus of Roman Law ; 1. Princeton U.P., 1952.
I found this review at this site
which appears to extract at least parts of Clyde Pharr
butit is difficult to distinguish whether the author is
also adding his own commentary.

As an aside, has anyone looked at the vast amount of text
reviewed and set out at www.christianism.com?

The main index page states:

Bible ----- (Old Testament. New Testament.) (was) is Fiction ("historical Fiction", etc.).
Jesus ---- (was) is a Fictional character (not "historical").
Paul ----- (was) is a Fictional character. Etc

The author may be one
Rt. Rev. Lino Sanchez D.D.

Best wishes,


Pete Brown



Quote:
Clyde Pharr writes:

"THE THEODOSIAN CODE AND NOVELLAS [supplements] form the richest single source and the only official collection of contemporary information for the political, social and economic conditions of the later Roman Empire."8

The Code, in effect, spelled out the concordat between the later emperors and the Catholic faction, chosen among many rival sects, as being the most disciplined and submissive to authority, and most unswerving in its support of the empire. The emperor, his army and bureaucracy, would control politics and the economy, maintaining 'order' with iron force. The Church would control the social and religious life of the State, preaching harmony, with each party to the concordant upholding the other.

FROM THE BEGINNINGS OF THE CHRISTIAN MOVEMENT SUBMISSION TO AUTHORITY HAD BEEN PREACHED AS A VIRTUE. Tertullian, about AD 190, affirmed his loyalty to Caesar, and declared that the fall of Rome would mean the end of the world:

"We are ever making intercession for all the emperors. We pray for them long life, a secure rule, a safe home, brave armies, a faithful senate, an honest people, a quiet world, and everything for which a man or a Caesar can pray." (Apologia 30:4)

He [Tertullian] then quotes 1 Timothy 2:2: "Pray for kings, for princes and powers, that all things may be tranquil for you." (Apologia 31:3)

"There is another need and a greater one, for praying for the Emperors... The end of the age itself, with its menace of hideous suffering, is delayed by the respite which the empire means for us... I set the majesty of Caesar below God, and all the more commend him to God, to whom alone I subordinate him." (Apologia 32:1, 33:2)' [363].

'A heretic was defined as anyone who wavered in the slightest from the Catholic faith: "If any man should disturb the Catholic faith, he is deserving of deportation [paraphrase]." (Code 16.4.3)

"Those persons who may be discovered to deviate even in a minor point of doctrine from the tenets and the faith of the Catholic religion are included in the designation of heretics, and must be subject to the sanctions issued against these heretics [paraphrase]." (Code 16.5.28)

"No man shall argue about religion or discuss it, or give any counsel. If any person, with flagrant and damnable audacity, should dare to persist in his actions of ruinous obstinacy, he shall be restrained with a due penalty and proper punishment." (Code 16.6.2 [source?])


In this world of harshest authority on all sides, with all freedom of movement in thought and occupation now forbidden, there was no longer a place for a religion as flexible and challenging as Hellenic Judaism. Its very existence was seen as a threat. Meaning that this Judaism would either be wiped out, or would have to adopt the specific role and marginal place dictated by the triumphant Church--and that was a pariah existence. Since the Church was indispensable in the matter of instilling obedience throughout society, any request by the Church to the emperor would be granted. The Church would now settle accounts once and for all with the Jews.' [365].

"The attacks began after Constantine, with Judaism fully protected under law prior to that time." [366].

'"If any person should be converted from Christianity to Judaism, then his property shall be forfeit to the treasury." (Code 16.8.7, dated AD 353, and showing that Judaism was still gaining converts)

The wording of one law indicates that attacks on synagogues were beginning:

"It is sufficiently established that the sect of the Jews is forbidden by no law... [The authorities] will restrain with proper severity the excesses of those persons who, in the name of the Christian religion, presume to commit certain unlawful acts, and attempt to destroy and despoil the synagogues [paraphrase]." (Code 16.8.9, dated AD 396 [393])' [366].

'"Jews and Samaritans shall be deprived of all employment in the imperial service [paraphrase]." (Code 16.8.16)

There are virulent statutes, referring to "the detestable and offensive name of Jews." (Code 16.8.19)

The laws were aimed at...

"...a perversity that is Jewish and alien to the Roman empire... It is more grievous than death and more cruel than murder that [if] any person of the Christian faith shall [should] be polluted by Jewish unbelief [disbelief]." (Code 16.8.20[19], dated AD 409)

This was a call for the removal of Jews from all contact with Christians, to avoid the pollution. A process of 'ethnic cleansing' then took place, the removal being to ghetto areas. The method of choice was setting fire to synagogues. This is the plain inference of a statute that provided no penalty for those that set the fires, merely the pious utterance that "now and henceforth no person shall seize and [or] burn their synagogues [compare: posted "off limits" lists, for sailors, which served as tips, when going ashore]." (Code 16.8.25[26], dated AD 423)

To this was appended an order that the Jews be compensated by being given a site on which to construct a new synagogue--which of course would be set on fire in due course.

Even this token concession was removed by Novella Title 3.8[10] (dated AD 438): "They shall not dare to construct a synagogue anew... They must repair the ruins of their synagogue[s] [at the original site]."
Again a futile tactic. The only recourse left was to retire to a ghetto district, out of reach of the mob. The ghetto existence of the Jews therefore derived directly from the Church's incitement to violence.

....the long epic of Hellenic Judaism, that had started 325 BC in Alexandria, came to an end. It had endured, with its remarkable history and achievements, for more than seven hundred and fifty years.'
.
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