Book XI
Concerning rights of religious groups
De jus de coetus religiousi
Gordian III, 27 February 240:
Those who do not hesitate to knowingly seize, buy or sell property destined for, or already devoted to, religious purposes, although the sale is invalid, nevertheless have become enmeshed in the second-class felony of sacrilege.
Valerian and Gallienus, 259:
There is no doubt that the wrong was an aggravated one if it was committed against one occupying a sacerdotal office and wearing the garb and ornaments of that office, as it can be assumed that a religious leader is less likely to resist an attack on themselves.
Constantine I, Rome, 3 July 321:
Let everyone have permission to leave when they die, to any religious institution or organisation, any property that they choose. Such testaments shall not be void. It is due to all people to have a free pen for their last will, after which they can wish nothing more, and to exercise an untrammelled judgement in deciding their legacy.
Theodosius I, Constantinople, 28 June 381:
No Christian bishop shall be made to give testimony in court.
Valentinian II and Theodosius I, Constantinople, 26 February 386:
No one shall sell or barter in items purported to be holy relics.
Arcadius and Honorius, Milan, 26 April 398:
If anyone shall commit the second-class felony of sacrilege by going into any Christian church and assaulting the priest or disrupting the religious service, or damaging the church building, they shall be punished for their acts.
Honorius and Theodosius II, Ravenna, 1 April 409:
We ordain that no one shall abduct those who take refuge in a place of worship, adding that if anyone should violate this law, they are to be prosecuted for sacrilege.
Honorius and Theodosius II, Constantinople, 9 April 423:
Jews will be punished by perpetual exile if it shall be shown that they have circumcised a person of another faith without their consent, or have directed it to be done.
Theodosius II and Valentinian III, 15 December 434:
If any clergyman, monk or nun dies without a last will and testament and leaves no parents, children, known blood relatives, or spouse, then any property belonging to them shall in all cases fall to the church or monastery to which they were united, after any outstanding debts or taxes are paid out of said property.
Leo I, Constantinople, 28 February 466:
We direct that no fugitives of whatever condition shall be expelled, delivered or dragged from any Christian church except by the permission of the bishop, priest or stewards of said church, nor shall any debt owing by said fugitive be demanded in their stead from the bishop, priest or stewards. Nor shall anyone be so detained or restrained in these churches as to be denied food, raiment or rest.
Justinian I, 529:
We order that no one shall be permitted to sell, hypothecate or pledge any holy vessels or vestments or other paraphernalia which are necessary for worship, since even ancient laws ordain that property devoted to God should be withdrawn from human bonds; but these things shall be reclaimed from those who dare to take them by the stewards and guardians of the sacred objects, leaving to the taker no right of action either for the recovery of the price or for interest on the money for which the property was pledged, but they shall be compelled by every means to make restitution of the property. If, moreover, the vessels or paraphernalia have been or shall be melted down or changed in any manner or broken, still the right to recovery shall lie either for the property itself or its value. If the cause of the redemption of captives requires it, then we permit both sale of such property devoted to God as well as hypothecation and pledge thereof, since it is not improper to prefer humans to vessels and vestments of every kind.
Justinian I, 530:
Should there be found in a testament a provision by which the testator appoints Jesus Christ as sole heir or an heir to a portion of their estate, without designating any church to receive their inheritance, we ordain that the inheritance willed shall be received by the nearest Christian church to where the decedent lived, superseded by the Christian church most regularly attended by the decedent should there have been one. But if anyone names an angel or saint as heir, without designating any church to receive their inheritance, then the nearest Christian church named in honour of said angel or saint to where the decedent lived shall receive the inheritance.