Works & Councils of Toledo 66

The Emperor Justinian Augustus to John, most glorious praetorian prefect of the East, twice former consul ordinary and patrician. Throughout the whole time of administering the commonwealth and of the empire conducted by us, we are confident that our one and only help is hope in God, knowing that this affords us the salvation of our very soul. Hence it is fitting that our legislation also should depend thereupon and have regard thereto, and that this should be at once its beginning, its middle, and its end.

All therefore know that those who ruled the empire before us, and especially Leo of pious memory, and the most sacred prince Justin our father, in their constitutions wholly forbade all heretics, to the end that they should neither undertake any military service nor have any share in public administrative duties; lest, by occasion both of military service and moreover of the handling of public affairs, the members of the holy catholic and apostolic Church of God should seem to be corrupted. And we too have done this very thing, confirming these matters by our enactments. And those whom they called heretics, we also call heretics, namely all who are of the diverse sects.

To these we join and number also those who follow the Judaizing madness of Nestorius, and the Eutychianists, and the Acephali, and those who labor under the perverse opinion of Dioscorus and Severus, who have renewed the impiety of the Manichaeans and of Apollinaris; and besides, whoever are not a member of the holy catholic and apostolic Church of God, in which all the most holy patriarchs of the whole inhabited world, both of western Rome and of this imperial city, and of Alexandria, and of Theopolis (Antioch), and of Jerusalem, and all the most religious bishops established under them, with one mouth proclaim the apostolic faith and tradition.

Those therefore who do not partake in undefiled communion in the catholic church with these priests most beloved of God, we with the best of right call heretics. For although they impose upon themselves the name of Christians, yet by that very fact, namely that they separate themselves alike from the true faith and communion of Christians, they acknowledge that they are subjected to the judgment of God. And indeed the laws that have been promulgated concerning heretics are manifestly available to all. But since we wish those who cherish the orthodox faith, and strive to hold it fast with their teeth, to have a fuller privilege than those who sever themselves from the sheepfold of God—seeing that it is not just that we should deem heretics worthy of equal privileges with the orthodox—for that reason we have had regard also to the present law.

For from the time that we granted to women the prerogative in dowries, namely that they should be preferred to more ancient creditors, and be in a better position even though later in time; and in donations on account of marriage, that they should have the right of hypothecation according to the proportion of the times at which they were made;

we now make known to all by this our sacred law, that both this prerogative, and the tacit hypothecations, and all other things which have been granted to women by our laws in various privileges, we afford to these women alone—that they may take fruit from them and use their benefits—who exercise diligence the more to retain our right and adorable faith (namely that of the catholic and apostolic Church) and to participate in the saving communion therein. For those women who separate themselves from the holy catholic and apostolic Church of God, and do not endure to participate in undefiled communion therein with these priests most beloved of God, we by no means will that they should enjoy privileges of this kind.

For if they separate themselves from the gifts of God, and make themselves alien from holy and undefiled communion, much more shall we not grant that they be deemed worthy of privileges, and reap fruit from the applause and favor of our laws. Nay rather, let the benefits proceeding from the laws be utterly inaccessible to them, and they shall be deprived of every privilege granted to them by our constitutions. But it shall be permitted to them, when they have embraced a better resolve, and have cherished the right and true faith, and have moreover striven to hold it fast with their teeth in every respect, to enjoy gifts and privileges of this kind.

These things being maintained and observed throughout the whole dominion of our empire—principally indeed by the priests most beloved of God, but then also by our magistrates and judges, whether they be of higher or lower rank, and moreover by your excellency, to whom we also issue the present law. Hence it is fitting that the judges, before whom any suits are moved either against women, or by women wishing to claim certain privileges for themselves, should have regard to the force and power of the present law.

And if they shall discover that these women are not of the orthodox faith, nor participate in that undefiled and adorable communion in the holy catholic and apostolic Church with the most venerable priests thereof, let them not grant to these women that they should enjoy the privileges proceeding from our constitutions.

Those things therefore which have pleased us, and are declared through this sacred law, your excellency, taking cognizance of them, shall at the same time take care that, in the suits moved before you, you observe them and bring them to effect and conclusion; and at the same time, through the usual edicts and your own ordinances, make them manifest to all, both in this nurturing city and in the provinces, so that all may know how great is our care, both for the true faith in the Lord Christ, the true God, and for the salvation of our subjects. Given on the second day before the Kalends of May, at Constantinople, in the consulship of our lord Justinian, perpetual Augustus, and of Basilius, most illustrious.