Laws of the Homerites

Lord, and his nobles not daring to commit any injustice, and all rejoicing with joy, the Jews also arrived just as they had been commanded, the term of forty days having already run out for them. They arrived for the purpose of holding a discussion; and the King having been reminded of the preparations made in the Tholotos—[or, as better corrected in the editions: the trial held in the Threllétos, a very large and primary imperial court—the trial preparations having been made there, with the entire order gathered, and the Sacred Senate present], the King arrived with the most holy Archbishop.

^{A B C}

LAWS OF THE HOMERITAE

(Boissonade, *Anecdota Graeca*, vol. V, p. 63)

^D

........ God’s wisdom and understanding, holy, powerful, an eye looking upon the poor, a holy eyelid examining the just and the pious; may your eyes, tireless on behalf of these people gathered before your face, see who is worthy for this matter, and act with...

him a sign for good, so that in this, too, your all-holy name may be glorified.»

And when he had prayed these things, the power of the Lord, coming down, ^A snatched the worthy man into the air, and brought and set him before the just and King Elesbaa. Seeing this miraculous sign, all were amazed and cried out in astonishment: «Kyrie, eleison.»

The most venerable bishop, answering, said to the king: «That which the Lord has shown to you, most pious one, in honor of your right hand, surrender to me, and we shall be together in it, as the Lord will prosper, and your Christ-loving gentleness will assist.»

The king, without delay, having immediately brought the royal garment, clothed him in it, and placed the diadem of the kingdom upon his head, and sandals upon his feet. ^B And when they had arrived at the great church, built in the name of the Holy Trinity, and the holy liturgy had been performed, the young king became a participant in the procession and the entry to the holy altar along with the most pious King Elesbaa.

After the completion, the army acclaimed him thus: «May the years of Elesbaa, the most holy King of Ethiopia, be many and good!» And they said this seven times. Then they acclaimed: «May the years of Abramius, the Christ-loving King of the Homerites, the excellent and pious, be many and good!» And they said this ten times, as to the junior king. And again, they wished prosperity to both, saying: «May the years of Elesbaa and Abramius, the most pious kings, be many! May the years of Gregentius, our most holy archbishop and shepherd, be many, peaceful, healthy, whole, holy, and good!»

When the army had acclaimed these things, the kings returned to the palace ^C and turned to lunch, supplying bountiful goods to the army and the rest.

Elesbaa the most just remained, after... ^D

^A he had appointed as king of the Homerites the Christ-loving Abramius, for thirty-three days in that region, setting everything there in good order, and admonishing the young king Abramius many times to govern the kingdom piously and to defer in all things and in everything to the most holy father Gregentius. Having also selected for himself about five thousand men of the Ethiopian army, he left them behind for their protection.

He himself moved his camp toward Ethiopia; and having returned there unharmed, giving thanks to the good God, he did not offer Him gold, nor silver, nor precious stones and pearls, but he offered to the Creator himself, and him alone, as a fruit; ^B but rather he offered his whole self to his Maker as a blameless sacrifice and a spiritual worship, than which we know of no greater thing that God could require of His subjects. For having handed over his kingdom to his own son Atherphotham, he himself, having taken up a hair shirt, withdrew to the mountain called Ophra, which, as has been said, vies with the clouds of heaven, and is situated in the desert; and there, having shut himself up entirely in a dark hovel of the earth, and having blocked the entrance to the cave, he spent all the days of his life neither being seen by anyone, nor conversing with anyone, but lived an angelic life, and thus arrived at the Lord pure and blameless. He received his food, however, through a certain hole from the monks dwelling there—someone coming from the monastery on the mountain below would bring it, and then return.

Among other things, they also tell this, that in that monastery there was a certain younger brother. When he was sent out on an errand, he would indulge greatly in fornication and wine, and thus he would return to the monastery. One day, after he had done what he was accustomed to do and was returning through the desert to the monastery, when he was near certain steep precipices, a snake of unusual size, rushing out from the thicket with great speed, pursued him in order to kill him. He, ^C fleeing...

hither and thither, could not escape it. ^A And finding himself pressed ever more closely, and having nothing else to do (for it was intent on devouring him), the thought of the blessed Elesbaas entered his mind. Turning back, he said to the serpent: "I adjure you, by the most holy and just king Elesbaas, depart from me and pursue me no more." The serpent, however, reverencing the name by which the brother had besought it, stood still. And the serpent, answering, spoke to him in a human voice: "How then shall I spare you, since the angel of the Lord has commanded me from heaven to devour you, on account of your impurity and fornication, and because, though bound to serve the Lord, you do not cease to defile your body and to provoke the Holy Spirit of God?" But he, standing there and listening, and astonished that it spoke to him as a man, yet being trembling and afraid, adjured it once more as before, and with an oath besought it to spare him. The serpent, answering again, said to him: "Swear to me that you will no longer indulge in that filthy desire, by which the first fall occurred to the world, and I will let you go." The brother swore, saying: "By the God who dwells in the heavens, and by the prayer of the honorable and holy king Elesbaas, I will no longer provoke my Lord, whom until now I have evilly provoked by fornicating and living debauchedly." ^B And it happened that when the serpent heard the monk’s words, a great and marvelous miracle came to pass; for fire fell from heaven and devoured the serpent before the brother's eyes. Seized with fear and trembling, he retired trembling to his monastery, and never again added to his sins before the Lord, but finished his life in repentance.

And these things, indeed, regarding him. But the most blessed Gregentius, after the most pious king Elesbaas had departed, summoned all the presbyters of all the churches, and having selected the wiser among them, ordained a bishop over the city, ordering—along with the most illustrious king Abramios—that all those under their authority must either abandon their vain religion and be baptized, or, if they persisted, suffer capital punishment. ^C When this edict was promulgated, it was possible to see everyone, with their wives and children, hastening to the divine laver of regeneration, and through it approaching Christ. For all the bishops baptized all who came to them in every city with a pure heart; and the people were enlightened, and great were the losses incurred by the devil. ^D

^A While these things were happening, and many were spontaneously coming to the knowledge of the truth, the Jews from every city of that kingdom were stirred up. Having gathered together and held a council, they said to one another, "What shall we do, we who survive? For if we are not baptized as the king's decree commands, his prefects will kill us, according to the order they have received from him." As they were in doubt about these matters, some said, "Let us do the will of the king, so that we may not die prematurely, and in secret let us again hold to our faith." Others said, "But if we do this, does not God see that His law is being violated by us? And since He is a God of vengeance, He will render retribution upon us, and we shall all perish all the more." Others said, "It seems that God no longer has need of us, since He has delivered our pious king Dunaan into the hands of ^B Elesbaas to be killed along with his army. Come, therefore, if you wish, let us secretly take our possessions and depart from these regions forthwith, lest we lose our souls along with our bodies." Others said, "But if we wish to emigrate in the manner you have mentioned, and the Christians come to know of it, you know well what evils they are likely to perpetrate against us."

But one of them, Herbanus by name, a doctor of the Law, eloquent and most cunning, well-versed in the Old Testament and not unskilled in other learning, answered and said to them, "You have all devised vain things, and have brought forward nothing that is to your advantage. If, therefore, you are willing to agree with me, we shall immediately request of the king and Bishop Gregentius that he choose some men ^C willing to dispute with us, so that, if they reach us by the power of their words, we may become Christians by inner conviction; but if they do not persuade us, let it be manifest that they are using tyranny to force us to depart from our faith. Wherefore we shall also know what their faith is like. For if it is true, we shall believe—for who knows whether peradventure the Messiah has already come, and we have not known it—but if it is found to be false, we shall know that we are dying for God’s sake, and we shall eagerly embrace death."

When he had said these things, they were all in an uproar, and they said to Herbanus, “We see that you too favor the Christians. Do you not know that our faith is true? And how should we forsake it?” Herbanus said, “I have said nothing evil, brothers; for you see that one way or another, they are forcing us to be baptized. If, therefore, you do not listen to me, I am innocent of each one of you. For surely, if you test their faith, and believe without having tested it, you will have done as they ordered; but if you do not believe, know that they will kill us and we shall die.” And upon Herbanus saying these things, they obeyed.

Therefore, they all wrote down all their arguments in a scroll and gave it to the king. But when the king opened and read the scroll that had been given to him, he was so enraged against them that he sought to kill them. Nevertheless, becoming a little milder, he summoned the archbishop and gave him the scroll. When the blessed man had read it, he judged that the matter was in excellent order, and he said to the king, “The Jews speak rightly that it is better to believe by one’s own choice than by force. Let them argue for the present as they desire, and when we have persuaded them, if they still refuse to be baptized, then punish them, as your kingdom in Christ mandates.” Having heard this, the king gave them a space of forty days, so that in that time they might deliberate and, selecting whom they wished, send them to him for a debate. ^B

They departed, and in all their regions they sought out the men who would convene and then go before the king for the debate. When, therefore, the appointed time was fulfilled, the most blessed Gregentius gave this counsel to the righteous and most pious king, so that he might provide for the common good and organize the orders piously. “Command, O king,” he said, “that a leader be appointed for each region by honorable election, first in this royal city of the Homerites, and then likewise in all the other cities of your kingdom from among their nobles. And when these are established, then let us decree in writing what things they must avoid.”

The king, therefore, having first numbered the royal city of Negra at thirty-six regæones, immediately appointed over each regæon the so-called “neighborhood-heads” ^C, thirty-six in number, and commanded each one of them to have his own *secretum* (office) in the neighborhood allotted to him, in the middle of the market, having registered all the houses ^D.

^A commanded that they should possess these, so that they might know over how much each of them held authority, and that they might not wander off for another to look into or interfere with a neighbor’s district. And this having been done, he dispatched officials, and stationed groups of sixteen soldiers to be at their service. And, these things having been prepared, the king commanded that they should receive ^B wages, both gifts and rations, and should act rightly with prudence and the fear of God; he ordered the most blessed Gregentius to put this ordinance in writing and provide it to them, so that they might know with accuracy what things they were obliged to guard against. The blessed man, having settled in tranquility, began to draft what had been ordered him.

The king, with all speed, built homes for the aged, hospitals, poorhouses, and hostels, storing up many things in them. For out of the revenues from those great suburbs which Dunaan, the king of the Hebrews, and his nobles had established, he ^C provided for and refreshed all the poor and those in need, the aged and the infirm, the lame and the blind, most magnificently, giving them wages throughout the whole year, and clothing, and food, and wine, and oil, and fruit, and every kind of good thing, so that his fame and praise earned him a name. For they called him a second Patriarch Abraham, and the king a second Job, by reason of his hospitality and his insatiable benevolence. For when he celebrated the memories of the saints, he would order two tables to be set, one for the poor, and another for his own nobles. At the hour of the meal, he would always recline at the table of the poor and eat, bestowing most magnificent gifts upon each one. And every person who came petitioning for some good he immediately heard, and gave with a willing mind. So that during the days of his reign, no poor man was found in his kingdom, nor one doing wrong, as it is written, nor one suffering injury. And God restrained every nation round about him. And in his days no war arose, but deep peace, ^D joy, and charity, and diligent care for the poor, and the protection of widows and orphans, and an ineffable justice, and the arrangement of spiritual feasts and churches in a wonderful manner.

The subtle ^A law, which St. Gregentius compiled as if from the king himself, I have proposed to add to this narrative. It is as follows:

Our Redeemer and all-powerful God, through His ineffable goodness and great love for mankind, having considered our lowliness and having raised us to the highest peak of this most illustrious and imperial power, it does not befit us to remain in ingratitude regarding our Benefactor, but rather, according to that which is possible and desirable and within our reach, we must serve Him in return. For it was not for the sake of honor and glory (for what could He ever owe us?) that He kindly raised us up, bestowing upon us the most illustrious empire of the Homerites, but rather so that, clearly, having become obedient to His immaculate precepts, with fear and trembling and joy we might ^B perform those things commanded to us by Him, thereby—as I think—conferring the greatest benefits upon ourselves, not only in the present age, but indeed also in the time to come. For when God testified to Moses of His commands and statutes at the time of his exodus from Egypt, He spoke thus to him concerning the people: "If you will listen to the voice of the Lord your God and do what is pleasing before Him, I will not bring upon you any of the diseases which I brought upon the Egyptians." For this reason, therefore, so that we also may not experience the just threats of God as the Egyptians did, let us perform His statutes with fear.

THE BEGINNING OF THE LAW

Cap. I. Therefore, the serenity of our piety commands those who have been entrusted with ^C authority with most awesome power over the regions neighboring this queen of cities, that a very great improvement should occur in it, first of all in this royal city of cities, and then in every city and country that functions under our empire. We command those subject to our power, those who sit ^D with precision to keep guard, to occupy the public places granted to you by our serenity with the honor that is fitting. See, therefore, to the safety of the public realm, the squares of the city, the streets, the clean potable water, the houses, and all things that are for sale—I mean bread and wine and oil and every kind of produce. And let everyone faithfully guard the region which has fallen to his lot. For we command no one to look into the administration and government of his neighbor, but we wish for each one to govern that which is his own.

^A

Cap. II. — Care must be taken, therefore, that no murder occurs. If it should occur, seize the perpetrator and, handing him over immediately to the higher authority, bring him to the praetorium. See to it that no adultery, incest, or bestiality takes place. If any shall ever commit such a crime, bring them to the praetorium.

Cap. III. — See to it that the foul lust of the Sodomites does not occur. But if anyone is caught, seize him and bring him to the magistrate, so that he may vent his rage upon them according to the law of the Lord. For it is just that they be put to death, so that by living they do not, with the stench of their sin and abomination, so to speak, defile other immaculate souls of innocent men and stir up the wrath of God against us by their uncleanness.

Cap. IV. — See to it that there be no witchcraft, poisoning, or incantation. But if anyone is ever caught doing these things, let him be handed over at once to the praetorium, that those who do such things may be burned by fire. See to it that there are no illusions or false testimony. If anyone should dare such things, let him be handed over to the magistrate, and the tip of his tongue shall be cut off. ^B

Cap. V. — Watch with great vigilance and be diligent in attending to thieves and those who receive or conceal their thefts. First, punish them with fifty lashings of the rod; then, marking them with some sign, namely a burning iron seal on their forehead, release them thus before the people, stripped of their tunic, saying to them: "Beware, brethren, and abstain henceforth from theft, that you may not be afflicted with a greater penalty if caught." If afterwards any man is caught again in a similar crime (which the seal impressed on the forehead will make manifest), let him be led to the magistrate, and do you cut the tendon of his right foot and set him free, so that if he should wish to steal, his foot remaining inert, he may not be able to walk about. ^C And then let him be placed in the hospice for the poor of our kingdom, so that he may receive his daily food from that place.

Cap. VI. — We command every man and every woman to flee from unclean fornication. Let every man have his own wife, and let there not be for them a specious defense, which many say: "I am poor and cannot have a wife." To whom we answer in return: "You do not wish to join yourself in legitimate marriage, and neither do we force you." ^D But beware, lest you be caught

^A sinning with harlots, and immediately be in peril. For the gentleness of our majesty commands that everyone caught in fornication, whether male or female, shall receive one hundred lashes of the scourge; and after that, the right ear of such a person shall be cut off; and such a person, having suffered the forfeiture of property, shall be released. The same shall also be undergone in like manner by any woman who does not possess a husband, if she be caught. But if a man who does not have a wife be caught with a woman who does not have a husband, and they wish to be joined lawfully even outside [that state] and live in peace and self-control, let them be released with a blessing, a priest being called by those who caught them.

Cap. VII. If anyone be found with a woman who is under the authority of a husband, let the member of his body with which he commits the sin be cut off immediately; and also the left breast of the woman, with which she abandoned her own husband and mingled with Satan. "For it is expedient," says the Lord, "that one of your members should perish from here, rather than your whole body be cast into the fire of Gehenna."

Cap. VIII. Whoever has a wife lawfully, and leaves her and fornicates with another, shall be cut where he committed the sin. But if his spouse be found saying: "I do not attribute the sin to my husband, even if he should do me wrong six hundred times; but I wish to have my husband unpunished"; let such a man receive two hundred lashes of the scourge, and having had his left ear cut off, after the forfeiture of property, let him be restored to his wife.

Cap. IX. The same [applies] also to an adulterous woman. Instead of the breast, let an ear be cut off, if it pleases her husband to live with her. But if after these things they be caught doing the same, let them undergo the previous punishment, the man [having] the member and the woman the breast removed. But if later on the woman be caught again doing the same things, such a female, having been beaten with kicks, shall be driven out of the city.

Cap. X. If the son of a rich man falls in love with a poor girl, and his parents do not wish it, because they have not pitied the poor [girl] and have rejected her, let the law join them, with the parents providing the dowry intact to their son, as the royal command directs. The same also applies to a rich girl if she falls in love with a poor youth.

Cap. XI. Let a free man follow [this rule], if there is a marriage, and he be caught serving the lord or mistress of a slave-woman ^{B C D}

^A. The same shall be judged for a free woman when she rashly submits herself to a slave. For he who takes the members of Christ and makes them the members of a harlot is worthy also to become a man’s servant, that he may know how great an evil sin is.

Cap. XII. We command every man to have his own wife alone, and to flee from execrable fornication, on account of which the wrath of God comes from heaven upon the sons of men. And he who transgresses these things has heard clearly what penalties he ought to pay.

Cap. XIII. Our God-given royal authority commands every parent ^B from ten to twelve years of age to join their own children in marriage, except in the case of infirmity. The violator of this law shall pay, if he be wealthy, six pounds of gold to the prefect of his region; if he be of middling status, three; if of lesser census, one and a half; if he be yet lower in status, one pound; and whoever is after him, thirty-six coins; and after him, eighteen; then nine; then four and a half; then two and a third; then one and a sixth; and then a half. And at that time let no such persons wait for a summons, but let them quickly fulfill what has been commanded. Whoever causes delay shall have his goods confiscated, and he himself shall be exiled from the city by royal decree.

Cap. XIV. We command that everyone who violates the divine mandates of our peace-bringing majesty be punished according to their means, as is prescribed. Let the prefect of the region himself, along with the soldiers stationed with him, collect the required payments from him. ^C

Cap. XV. If anyone observes his neighbor engaged in a wicked and unlawful act and does not inform the prefect of his region of this, and he is caught, if he is wealthy he shall receive seventy-two lashes publicly before the people; if he is a poor man, he shall be fined four gold coins; if he is of lesser means, three; if he is of lower status, two; and if he is entirely destitute, one coin.

Cap. XVI. If anyone acts as a go-between for adulteries, or facilitates the most filthy intercourse of boys or eunuchs, with whom the foolish, senseless, and impious are accustomed to work iniquity, whether it be a man or a woman, or whoever the person may be ^D

^A and such a person is caught doing these things, we command that his tongue be cut out from the middle, so that if he should ever after desire to serve Satan, as the serpent did once in paradise through its tongue, he may not be able. For these lawless ones have been born accursed, because by their vain lips they drive foolish men astray and deliver such a one to the devil for the destruction of his soul.

Cap. XVII. — Those who make their own houses into dens of fornicators, and who receive and shelter those who work iniquity in them, all who are caught in this act shall be brought before the magistrate with all their property, and shall be cast out of the city, having made a handwritten promise no longer to do these things and to live all the days of their life far from public affairs. For our serenity does not permit the ministers of demons to dwell in the cities subject to our rule. ^B For just as the all-wicked devil long ago persecuted the beloved and servants of our Lord Jesus Christ through kings maddened by idols, and indeed took away our immaculate faith from the face of the Christians from the earth, so likewise it has seemed good to our God-given authority to take away all the pomps of that dragon who fell from the heavens from the face of our earth, and to drive away, as far as we are able, all his malice and wickedness from those who believe in Christ. For either one is a Christian, or else let him not trifle with the Lord.

Cap. XVIII. — We, however, fulfilling the oath which God swore to Abraham our father, ^C decree that we shall not cease all the days of our life to bring countless evils upon all who work iniquity and trample underfoot this law of ours given by God, if they do not cease from committing sin; but if they do otherwise, we shall not neglect to destroy them. For indeed the admirable David, working things similar to these, was speaking to the world: “In the morning I slew all the sinners of the earth, that I might destroy out of the city of the Lord all who work iniquity.”

Cap. XIX. — Those who waylay women on the road and offer them violence, as robbers and enemies of God, being convicted by the woman herself and with an oath, ^D

^A let them receive a hundred lashes, and with both their ears cut off, let them be dismissed. And if, after this, they are found doing these same things, let them be exiled, having received two hundred lashes.

Cap. XX. — If any who are walking along the agora or the public square lay their hands shamelessly upon free women passing by, for the sake of bacchic and shameful lust, while some are watching, and the woman herself cries out, let such a man be punished with seventy-two lashes in the middle of the agora where the crowd is, and having been publicly exposed and received a warning, let him be dismissed. But if he is found doing these things again, let his hand be cut off, as he is most shameless. For our serenity has commanded every man to possess his own consort, and not to lay a hand upon another man's, nor, if it be possible, even to wink with the eye.

Cap. XXI. — For our royal empire does not permit Christians who are fornicators, or adulterers, or sodomites, or magicians and enchanters, and those who do things similar to these, to dwell within the kingdom. For it is on account of these things that God sent His wrath from heaven upon us, to crush and destroy us to the end. For this reason, we do not prosper even in the wars on the roads ^B on account of these sins; for He says, “The armor of war is justice,” and, “If My people had listened to Me, if Israel had walked in My ways, I would surely have brought their enemies to naught, and I would have laid My hand upon those who afflict them,” says God. Therefore, let all wickedness and iniquity be removed from our midst, and let all virtue and all justice and truth be practiced, so that the Lord our God may also subject to us the nations that surround us.

Cap. XXII. — We do not command a man fashioned by the Lord to defend himself in any action, unless he has first received permission according to the law, having inquired of the law, as the law commands. ^C But those who dare to do this from this day forth, whether he be a person of rank, or some wealthy man or a poor man, whether a delator, or an apparitor, or of our own sodality, or a soldier, or any other under our authority, to strike, or to buffet, or to kick, or to beat with a staff, or to scourge any person whomsoever, whether justly or [unjustly, ^D without the judgment of the law, whether in the forum, or in the way, or in the house.]

Excepting for those who teach sciences and arts along with letters, and also if a master [should punish] his slave, or a father his son and daughter, and these [must act] for a just cause; and let them not, as some passionate men do, desiring to instruct, kill a person. And we command that those who teach such things be required to provide to the regional prefects handwritten documents, by which they pledge that they will not teach [harmful things]. If, therefore, ^B any should be caught transgressing our command and corrupting it, and out of tyranny scourging or beating the simple and those of middling status, let them receive thirty-six lashes of the whip; and let one toe of the foot of such a person be cut off; and let them be released with their property confiscated, so that they may know from themselves how much pain one slap or one staff-blow caused, in the same way that this man also caused [pain to] the lowly toe of his own body. For our imperial authority desires that all should be sheep of Christ and God, not contending, not clamoring, and not venomous ^C beasts, which devour one another.

Cap. XXIII. — It is not permitted for you to strike a man like unto yourself.

Cap. XXIV. — We do not permit a man to strike his own wife.

let him report her by a small document to the judge. But she who is found in her sin must suffer the punishment for adulterous women according to the law.

If anyone is found violating the command of our imperial authority, if he is wealthy, let him receive thirty-six lashes, and after receiving a warning, let him be released; but if he is poor, let him be fined according to his means. But if they dare to do the same things again, let them be brought in as violators of the imperial command, and their property, if it is of lesser value, let the regional prefect with the soldiers following him distribute among them; but if it is large and significant, let it be handed over to the royal treasury. Moreover, let them be expelled from the city.

^B Cap. XXV. — But a man who is soaked in excessive drunkenness, or a woman, and who is walking through the forum, stumbling on his feet, and repeatedly bumping into walls, we command that he be seized, locked up, and kept until the next morning. And when the drunkenness of such a person has cleared, then let him be brought out and receive sixty lashes; thirty, however, if it is a female; and having been warned, let him be released. For it is written: “Drunkards will not inherit the kingdom of God.”

Cap. XXVI. — But let those who overload their beasts of burden, or themselves, with heavy and insupportable loads be watched. Let such persons be seized, and having received thirty-six stripes, let them be released with a warning. For let a robust mule carry twelve *metretae*; a lesser one, ten; a small donkey, eight; but if it is also frail, six. In this way, therefore, let them take on loads. For it is written: “The righteous man has mercy on the souls of his beasts, but the bowels of the wicked are cruel.”

^C Cap. XXVII. — On the day of a festival of the Lord, that is, of the holy Sunday, we command that nothing else be sold except what is intended for the food of men and animals; let the rest be omitted. The transgressor of this command, whatever he has offered for sale, except for the edible goods as just prescribed, let him lose, and let him himself be cast out. Whatever has been purchased, whether it be a beast of burden, or an ox, or a sheep, or any other of the still living and large animals, besides those which are slaughtered in the market, and birds that are sold, or a garment, or any other kind of item, except for food, let all these things be surrendered to the regional prefect and the soldiers standing around him. ^D

^A Cap. XXVIII. — On the day of a great festival, or even of the holy and Christian Sunday itself, if anyone carries a load, except for food, or [if they are] those moving to a distant land, whether by ship, or by themselves, or by pack animal, let the load be confiscated, and if there is a beast, let the beast be confiscated along with the load. And let him thus scourged be driven away, as a Christian who is such, [having shown] no more honor to the feast than a Jew would have.

Cap. XXIX. — Our divinity does not wish, therefore, for anyone to sell, or to carry a load, or to dig, or to labor, or to do anything at all on the holy Sunday, or on the solemn and great feasts of the Lord, or to collect taxes, or on the feasts of the Theotokos, or on those of the twelve holy apostles of our God and Christ and Savior, or on the feasts of the rest of the saints. These things, however, I remit to our own discretion. But let the transgressors, having been despoiled of the goods brought and sold, and having received about twenty-four lashes, be sent away.

Cap. XXX. — Those who, on account of the presence of magistrates or the king, pay only half of the legitimate and necessary price for provisions, acting with tyranny against the poor merchants who are selling them, and looting their goods, and those who as they pass by call upon them for their help and then strike them, if those who do these things are caught, let them receive about twelve blows from rods ^B and, having been publicly admonished, be sent away. For our royal authority does not suffer having fraudulent, unjust, and rapacious ministers. Does some item please you? Offer the just price, take it, and go your way.

Cap. XXXI. — We therefore legislate: Whoever is caught in such defiance, and has been instructed and publicly warned, and afterwards, having once practiced such things, if such a person is caught again, we command that he be shut up in the workshop of our authority and be made to work there for four full months along with those gathered there. For just as he was foolish and violent in his approach, so he must be taught. And let him then be released, having experienced by his own labor how the poor obtain their bread.

Cap. XXXII. — Those who carry on a fight in our region, and those who do so in the market, let them all be seized and receive forty lashes, because they dared to raise violent hands against one another in a disorderly manner, whether with a rod or in any other way. But if one party, respecting the law, has yielded and has not lifted hands to defend itself, and has been despoiled by the adversary and ^C beaten in some way, let him indeed be released as innocent; but whoever it is that attacked him, let him receive eighty lashes, then for two

months in our royal public workshop ^A let him labor, and be released thereafter.

Cap. XXXIII. — Those who lead beasts of burden, whether loaded or unburdened, or any other cattle, if they are seen beating them cruelly in anger, let them, upon being caught, receive thirty strokes of the rods in their turn; so that, by their own pain, they may understand how bitter it is to be beaten. For even beasts of burden, although they do not converse or speak, are affected by the pain of being beaten just as we are. It is indeed manifest from this that such men, since they do not pity their own beasts, will not in the same way pity a human being either.

Cap. XXXIV. ^B Those who shamelessly put on leather masks and behave like demons and play along the streets of the city, as though they have embraced the shameful dominion of Satan, and are obliterating the name of Christian, and are also publicly retracting that oath: "I renounce Satan and all his works," let them receive two hundred lashes, and let their hair or beard be committed to the fire. And let such men, after being publicly admonished, be led away to the royal workshop, and let them labor for a full year, serving in the work, whether they happen to be slaves or free men, that they may learn from then on to walk in piety and the fear of the Lord, and not, by following the works of idolatries, ^C consign their own souls to perdition.

Cap. XXXV. — Let cithara players, and lyre players, and tragedians, and those who strike hand-drums ^D with their fingers, and dancers, be punished, whether they be men or women, maidens or...

adolescentuli. For in the days of our piety and of our reign we do not tolerate such things being performed, not even by anyone at all. For in every city and region subject to our reign, we do not wish for there to be a cithara player, or a lyre player, or a tragedian, or a dancer—whether man or woman, whether younger or older, whether small or great. But we desire all to be good, and pious, and fearing the Lord. But he who wishes to be joyful, let him chant. “But I do not know,” he says, “how to chant.” You learned the incantations of the evil demon, which are written in no book; yet the psalmody of God, which is written down, you do not learn! ^B

Cap. XXXVI. — Every tragedian, and one who beats hand-drums with his fingers, and a dancer, and every kind of impure and shameful performance, we do not wish to exist in the land of our reign. Let the transgressors be seized, and scourged, and burned—that is to say, fumigated—and being publicly rebuked, let them be condemned to labor for a full year in the royal workshop.

Cap. XXXVII. — Let the same befall those who idle away their time with dice, and those who [play] the *tribolim*, and those who dance the dances of debauchery, and those who dance, and those who tell tales; we do not command that all these be beaten, unless indeed they are often moved in mind and hand toward modesty by certain ones, like the *triadium* and things nearly similar. ^C

Cap. XXXVIII. — We command those who wish to be exalted, that they should tend to this spiritually within the holy churches, namely, through prayer, through readings, through psalmody, and through almsgiving. In these things all ought to be joyful, as being truly Christians, as servants of Christ, as children of light, as heirs of the kingdom of heaven, praying as they depart from the house of the Lord, and, praying and rejoicing, approaching the house of God, loving one another, and shining with virtues like the sun.

Cap. XXXIX. — Those who assail one another with insults and reproaches, once captured, having received twenty-four blows with sticks, let them be dismissed, whether they happen to be male ^D

^A or female. But if one should cast or launch an insult at another, ^B and the latter, because of the fear of our command, keeping silent, should rather approach and have resort to the authority, the one who insulted shall receive forty-eight lashes, and having been confiscated, let him be dismissed. For our royal authority commands, as the Apostle says (81), "Owe no one anything, except to love one another" [so in the sense of: Outdo one another in showing honor], and that there no longer be among you such license to cast insults at one another; for you should honor yourselves and not dishonor (83).

Cap. XL. — We command that all children—since it is their custom to gather and play in a disorderly fashion on feast days—be strictly forbidden from doing so. For, being stirred up with foolish games by a certain demonic impulse, they encourage one another to impure mixtures, learning fornication (84) and the accursed depravity of the Sodomites, theft, and lying, and wrath (85), and foul language, and idleness, and effeminacy. And what need is there to say more about these things? Therefore, we command that henceforth such gatherings and plays be strictly prohibited. Furthermore, let all entertainments be diligently observed, lest by chance something evil and harmful should arise in the midst of them. But those who are found in the games, having received twenty-four blows with thongs and having received a warning (87), let them be dismissed.

Cap. XLII. — If any who are dying leave behind great assets, we strictly forbid their being administered outside our authority. For it is fitting that these be well administered under us, and rather that their alms be piously distributed to our brothers who are in debt in the city. For many accept ^C trusteeships, and they squander the wealth entrusted to them entirely, without any benefit to the soul of the deceased. If it is shown to us that certain persons have privately, without our knowledge, accepted such trusteeships of goods in their final hours, and have squandered them, let them be stripped of all their own possessions and eventually be exiled.

Cap. XLIII. — Those who forcibly drag their own servants, or even free men, from the holy Church into which they have taken refuge, and inflict stripes or any other punishment upon them, once these are recognized, ^D the servant shall indeed be vindicated into freedom; but if it is a free person who has been dragged out and scourged, because of his boldness, as an impious man, a transgressor, and a despiser, and an enemy of God, who

has thus dared in the place of Tricano, where bodies are bought, to be sold for two coins, so that from this his shameless face may be put to shame, because he altogether dared to snatch from the hand of the Lord a human being made in His own likeness, and to restore him to Him.

Cap. XLIV. If anyone, out of envy, should attack an artisan with injury or calumny in any craft, or should seek to oppose him in the negotiations themselves, let such a person receive twelve lashes and be sent to a public workshop to labor and be distressed for thirty days, learning thereby not to envy his brother.

Cap. XLV. ^B Regarding a steward, or a commissioner, or one who has obtained any other delegation: before he completes his task or before he performs the service owed by him to the one who has the right, we command that he shall by no means accept anything from him until he has finished the work, and only then let his wages be offered to him, and that according to proper justice and not beyond what is due. But those who transgress this—and are found to be taking compensation from both sides—let them be cast down from their rank and order, as mad gluttons let them be scourged, and in their place let pious men be brought in.

Cap. XLVI. ^C Everyone who is summoned to judgment and is justly condemned by the law, let such a person be taken to the royal workshop to labor and be distressed for two months, that thereafter he may learn not to deal unjustly with his neighbor anymore. But if the judgment is otherwise, and he is accounted just and has obtained his right, let him be released blameless. For it is one thing to injure anyone, and to seize, and to strike, and to defraud, and it is another thing to inquire of the law concerning unknown matters.

Cap. XLVII. That it is fitting for the king to take counsel with holy men regarding great matters, and through them to inquire of the holy God, and thus to perform what seems best to Him. For he who acts in such a way will not be put to shame forever.

Cap. XLVIII. Man is the head of the woman. ^D Therefore a female, even if she be a servant, is considered inferior to the woman herself, and a male is superior. We therefore forbid her to insult and despise such a one. A woman who is known to mock males, let her hair—that is, the tresses—on the back of her head be shorn, and let her be dismissed after being publicly rebuked. But if after this she behaves disgracefully and mocks males, once she has been convicted, let the tip of her tongue be severed, and let her be dismissed. Si

If she also lifts her hand ^A to strike any male, apart from whom she has borne, let her first suffer the penalty fixed for the insult; and if she does not desist thereafter from such things, but again commits the same acts, esteeming our law as nothing, let her hand be severed, because, while she ought to be the glory of man, she has dared to lift her own glory against the glory of God; for “Man is the glory of God.” If these things are suggested for the sake of discipline, since many possess a multitude of servants, let the husband indeed discipline the men, and the woman the women, that is, her own handmaidens. For we command that feet be beaten; we by no means mandate the head.

Chapter XLIX.

Cap. L.

Cap. LI.

Cap. LII.

Chapter LIII.

Cap. LIV.

Cap. LV.

^A Let us have pity on our brothers, or rather our masters and lords.

Cap. LVI. — As many, therefore, as are enrolled and receive [provision for] their own needs, let them not beg at all. If any one should be caught begging, even one, let him be punished with eighteen lashes and be shut up in the hospice for the aged; and let the prefect of the poor-house receive instructions not to allow him to leave the hospice at all. But he who is not enrolled shall be brought before us, and we shall deal mercifully with him. But those who wish to give alms, let them go to the poor-houses and the hospices for the aged, and there bestow their beneficence. If by chance one should see a poor man walking along the road in silence, not crying aloud, but seeking some work and willing to do it, we command that he be aided. ^B

Cap. LVII. — All the buildings of the city that are well situated, and whose rents have been increased unreasonably by those who formerly ruled the affairs of the Homerites in a tyrannical manner, by the help of God we command that these rents be reduced. He who was paying nine nummi should pay six, and let the rest be deducted in all cases, that is to say, let them be reduced by a third. He who was paying six should give four, and keep two for himself; and let the rest be calculated in a like manner; let them give two parts and retain one, and let no one dare from now on to increase the rent. But, as we have ordained, let them be administered under the same terms, receiving neither a reduction nor an increase. ^C Whoever dares to add anything to the rent, or to expel a tenant by means of certain gifts in order to bring in another in his place, even if it be at the same price, I declare that such a man, having desired to obtain that rent for himself in the house, shall first have all his own goods confiscated, and he himself, as a hater of his brothers and as one who has not known the precept: “What you hate to have done to you, see that you do not ever do to another,” shall be cast out of the city. But if the owner of the house requires it for his own use in truth, let him have the intention to do what he wishes; but for the sake of ^D expelling one person in order to bring in another at the same rent, we do not permit this at all. For we do not so command, unless the tenant is a combative and turbulent man, and breathing tumult, and of his brothers or rather...

hatred for the human race, or even more prone to other evils, and still more ready for any kind of malice.

^A Cap. LVIII. — We command every prefect of a region ^B to inspect in many ways what is done in houses. And if you learn that any offenses have been committed, report them to the master of that house; and let them be corrected immediately. If he refuses to listen to you, report this matter to us at once through the magistrate, that is to say, the eparch.

Cap. LIX. — Let every man give a consort to his servant, and let the free man have his own wife. Give consorts also to the maidservants, so that each may have their own solace and not commit sin. Whoever violates this religious command of ours, let the unmarried servant be taken away from him as a penalty, and the maidservant not having a consort, because he has annulled a command of the kingdom and despised the law of the Homerites. Let the confiscated servants be handed over to the royal steward, of whom mention was made earlier, and let it be done just as we have ordained. But if there are some who defend themselves saying, "I am poor," one says, "and I cannot buy a consort for my servant," we shall answer them: "If you are poor, sell even your only servant." For we will not endure that, because of you, the commerce which takes place ^C every day should become debauched.

Cap. LX. — Let no one hinder those desiring to live in virginity, and let no one obstruct those wishing to keep chastity. Let them be required to provide documents written in their own hand, so that they may not live craftily in this manner, committing iniquity and sin in secret. But let the death penalty hang over them on the basis of the written document. Whoever can withdraw, let him withdraw. But those who are caught must pay the penalties specified in the written document. For we do not wish for there to be Pharisees and hypocrites believing in the Lord Jesus, knowing that they lie to God and to kings.

Cap. LXI. — Every prefect of a region who does not observe this royal and God-ordered command with trembling, and reverence, and prudence, but is negligent, or, having accepted bribes, presumes to despise what is written in this command of ours, if he is found out, we order that he be hung, bound by the left foot, and carried ^D into the middle of the forum with his head turned downward, upon a stake, meaning any beam whatsoever, and thus die by the smoke of straw, so that the others may also be admonished and instructed by this example. For it is better that one scabby kid, having been removed from the flock, be put to death, than that the whole flock of the sheepfold, tainted by him, be utterly destroyed. Let this be done to him by the hyparch. If, however, the hyparch does not punish the prefect of the region who violates these commands of ours...

nor carry out this most pious and righteous command of ours against him, then the hyparch himself shall suffer what that man was destined to undergo, drawing upon himself the indignation of our serenity. ^A

Cap. LXII. — Every prefect of a region shall diligently inspect the transactions occurring in his jurisdiction, so that they may be carried out justly. He shall inspect the markets, how goods are purchased from the sellers; and especially let those who sell to them, namely, external merchants, be inspected; and thus, according to right justice, let the goods be sold. For often they purchase at a high price, often at a low one, and often at a moderate one. In the market, everything must be sold at a just price, so that neither the seller may be without profit, nor the buyer be likewise harmed. ^B

Cap. LXIII. — Whoever is a flax-worker or weaver, or any artisan of any craft, we do not permit to begin the work of even a single thread on the holy Lord’s Day. If anyone be found doing this, we order that their works and their tools be destroyed by fire in the middle of the market. ^C

Cap. LXIV. — Those who do not bring their entire family to the great feasts and the holy Lord’s Day, and [who do not] go to the holy church together on the evening of the Sabbath and on the morning of the holy Lord’s Day, and at its liturgy and in the evening, let the prefect of the region twice denounce these before three worthy men, that they may obey the divine command. But if after this they do not carry out what is prescribed for them, let their entire substance be taken away from them, and let half of it be divided among the brothers quartered in the hospice for the needy. Let the prefect of the region keep the remaining part for himself as profit, along with the soldiers attending him, so that they may have the eagerness to carry out the investigation precisely regarding all those things which we command them. ^D

THE END OF THE LAW.

When the blessed Archbishop Gregentius had written all these things in a new volume, he went and gave them to the most pious King Abramius, which the king ordered to be read in his presence. And when they were read, he rejoiced greatly and exulted in spirit. And the king, approaching, kissed the hands of the blessed one with which he had written them, and said, "Blessed is that hour in the Lord, in which it was said of you, 'Behold, a male child is born.'" The most blessed one, however, proposed to the king that these be transcribed into many other books,

so that each administrator of a region might possess his own. ^A And this having been done, the archbishop ordered all the regional administrators to assemble in the church. When the king had arrived there with the senate and the whole city, and after the holy oblation was completed, the most honorable archbishop, taking the book which he had written with his own hands, said to the regional administrators: "Come, my beloved, and receive these statutes from the hand of the Lord, so that, knowing that they were not made by just anyone or in any random way, but rather received from the Lord Himself, we may commit them into your hands." And taking the books, he read them aloud before everyone. And after they were read, he ordered the transcribed books to be brought forward; and when they had been brought, he placed them on the holy altar. ^B Having placed them there, bending his knee, the blessed one prayed and said: "Knower of hearts, just, ineffable, fearsome, strong, omnipotent, holy Lord, extend your arm, high and holy, and strong, and fearsome, and great. And taking up these books placed before your immaculate eyes, distribute them to these your servants, as once through Moses you distributed to the seventy men the spirit that was upon him, and as to your holy apostles the tongues of fire."

As he was praying these things, a violent breath blew from the Lord, as if from the altar, upon the books, and it lifted them from the place where they lay, as wind carries leaves through the air, and placing them in the bosom of each of the regional administrators, it deposited them there. ^C This wonderful miracle having taken place, all who were present with the king and his nobles were filled with fear and astonishment, and it was possible to see everyone struck with awe, and magnifying the Lord Sabaoth, the Master, with the stretching forth of their hands.

The archbishop then said to the rulers: "See, beloved, that it is from the Lord our God that you have received the divine commandments contained in these books. Henceforth, observe them with the fear of God and with trembling, so that in the present age we may live a peaceful and quiet life, with the Lord Almighty granting us this, and in the world to come we may inherit the life that has no end." ^D

^A When the archbishop had said these things and many others to them, they all departed to their own homes, glorifying God. The king, however, taking the hand of the blessed archbishop, led him away to dine.

The prefects, having been established after this in the region which had been allotted to them, with the king's ordinances set before their eyes, carried them out with veneration, trembling, and prudence, according to whatever had been prescribed to them in the mandates. And one could see the men to be more honorable—as it is written—than pure and sincere gold. For all walked with fear and trembling, and most carried out the things written in the royal books with speed, even if they did so unwillingly and reluctantly, so that at that time the divine word spoken by the Prophet was also fulfilled: “There is no ruin of a wall, nor clamor, nor thoroughfare in their streets.” ^B And afterwards: “They called the people blessed,” he says, “to whom these things belong, and blessed is the people whose Lord is their God.”

As these things were being done and were following this course, and the king was on this account praising the Lord, and his nobles dared not do anything unjustly, and all were rejoicing with infinite joy, the Jews also arrived, just as had been commanded to them, the period of forty days having now passed.

When, therefore, they had gathered to hold the debate, ^C and as the king had recalled the preparation made in the theatre (but that hall is the largest and pre-eminent of the royal buildings), this preparation having been made, and all the cohorts having been assembled, etc.

OF THE HOLY GREGENTIUS, ARCHBISHOP OF THE TEPHRENSES, DISPUTATION WITH THE JEW HERBAN

THIS DIALOGUE CONFIRMS THE CHRISTIAN FAITH, BOTH THROUGH THE EXPOSITION OF DIVINE ORACLES AND THROUGH THE EFFECT OF MIRACLES.

FIRST CONGRESS

^AWhen the appointed time of forty days had finally passed, the Jews came together to dispute, as they had been ordered. The examination took place in the Threlletus (for this is the largest and foremost of the royal halls), and when every rank had assembled and was present, and the sacred senate was in attendance, the king also arrived along with the most holy archbishop. And after they had taken their seats, the entire city gathered in a crowd to listen. The Jews, having entered, appointed Herban as the author and leader of their discussion. For this man was indeed exceedingly learned in the law, in the divine scrolls of the prophets, in the Octateuch, and in the remaining scriptures. ^BAnd when the multitude of Scribes, Pharisees, and teachers of the Law stood around him—for their leaders and those powerful in speech had been gathered together from all the cities by the king's decree—and when an no small silence had fallen, the archbishop spoke to him, or rather to the entire congregation of the Jews:

THE HOLY ARCHBISHOP. Since the night has passed and the Sun of Justice has risen, for what cause do you stubbornly resist his light, acting as adversaries, and failing to believe in him?