Works & Councils of Toledo 51

The Emperor Justinian Augustus to John, praetorian prefect, twice ex-consul and patrician. Your Excellency lately reported to us by a living conversation that very many among the decurions happen to be Jews, or Samaritans, or Montanists, or otherwise detestable men, whom not even now has our right and blameless faith enlightened, but they remain in darkness, nor are their minds touched by any perception of the true mysteries. Likewise, since we pursue heretics with hatred, that through this cause and pretext they have sought to be freed from the curial offices. And how it may be fitting to determine the matters pertaining to that.

Moreover we have greatly marvelled that your prudence and the keenness of your wit should have endured such reasonings of theirs, and not at once have torn apart those who advanced such things. For if there are any men who, through extreme wickedness, deem themselves worthy of those offices which we have reserved only for the highest dignities, who would not hate them most utterly? Therefore let them be decurions for us, just as also for the cohortales (provincial officials), as has already been expressed in earlier laws. And let no observance of religion exempt them from such a lot. For neither any older nor any more recent law has brought forth any of these things.

Yet let them be in general unworthy of every curial honour; and whereas the laws grant many privileges to decurions—both that no blows of the cudgel be inflicted on them, and that they be not arraigned in judgment as though base criminals, nor be led into another province, and countless other things—let them enjoy none of these. Nay, if anything at all has been written concerning decurions, since by privileges there is no favour for them, let this hold also in their case, and let them discharge both personal and patrimonial duties, nor let the law exempt them from these. But let them enjoy no honour, but let them sustain their lot with the infamy with which they have also wished the mind to be branded. And so indeed let it be ordained concerning this for them. Moreover you have announced that this too seemed to you worthy of inquiry.

Since we have barred heretics from giving testimony in cases in which the orthodox litigate among themselves—permitting them in our constitution that, if indeed those who are joined together and litigate be each a heretic, both the plaintiff and the defendant, they may give testimony, the one being worthy of the other, whether litigant or witness; and again, if a heretic litigate against an orthodox man, that against heretics indeed they may give testimony, but concerning the orthodox not so; but where the litigants on both sides are orthodox, that no access at all to giving testimony lie open to him (the heretic).

Hence further you have taught us that certain persons, though they are orthodox, deny that they are of the curial lot, and that it is necessary either that those related to them by birth, or those who otherwise have knowledge of their lot, be produced in testimony. And because the law promulgated concerning the orthodox bars the testimonies of heretics, on that account the judges fear to admit these. And yet those who refuse to receive testimonies of this kind are troubled by an empty fear. First indeed, because they are interposed on behalf of the orthodox, which the laws do not forbid heretics to do. Next, if anyone draws back to the curia those who are decurions but afterwards refuse the condition, and summons heretics in testimony, how does he not do this on behalf of our commonwealth?

so that the commonwealth itself indeed holds the place of a litigant, being orthodox, and especially from that time at which God permitted us to rule it; and let those who on that account give testimony bear witness on behalf of the orthodox. For our commonwealth is right, and already imbued with the orthodox faith, hating every other heresy. Given on the fifteenth day before the Kalends of September at Constantinople, after the consulship of Belisarius, most distinguished man.