Page:Bury J B The Cambridge Medieval History Vol 2 1913.djvu/136

108 In 428 Manichaeans were to be expelled from their towns, and given over to extreme punishment, and a long list of heretics was forbidden to meet and pray anywhere on Roman soil. In 435 Nestorians, in 455 the followers of Eutyches and Apollinarius were to have their books burnt, and were forbidden to meet and pray. In 527 heretics, Greeks, Jews, and Samaritans were rendered incapable of serving in the army, of holding civil office except in the lower ranks and then without a chance of promotion; and were disabled from suing orthodox Christians for private or public debts. Children of heretics, if themselves free from the disease, might take their legal share of their father's property, and their fathers were to support them and to give dowries to their daughters. In 530 Montanists like other heretics were forbidden to assemble, to baptise, to have Communion, and to receive charitable alms from law courts or churches.

In suits against orthodox, whether both parties or only one be orthodox, heretics and Jews were not good witnesses, but only in suits among themselves. Even this was not applicable to Manichaeans, Montanists, pagans, Samaritans, and some others; for they being criminals were incapable of bearing witness in judicial matters; they were however allowed as witnesses to wills and contracts, lest proof should be difficult.

A law of Augustus, confirming analogous republican practice, forbad any Roman citizen who appealed to the Emperor being killed, tortured, beaten, or put into chains even by the governor or other high magistrate. This is retained in Justinian's Digest.

Several constitutions at the end of the fourth century (398) were directed against attempts of clergy or monks to prevent due execution of sentences on criminals or debtors.