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321 · Roman imperial law

Constantine

Edict on the Day of the Sun

Codex Justinianus 3.12.2, 7 March 321

AssumedAbrogatesAddressed to: MagistrateEnactedCitation: ornament

The judicial law is wholly done away.

The first Christian Sunday law, and a negative witness. It contains no scriptural, Sabbath, or Decalogue reasoning of any kind, and it exempts precisely the work the fourth commandment goes out of its way to bind.

On the venerable Day of the Sun let the magistrates and people residing in cities rest, and let all workshops be closed. In the country, however, persons engaged in agriculture may freely and lawfully continue their pursuits; because it often happens that another day is not so suitable for grain-sowing or for vine-planting; lest by neglecting the proper moment for such operations the bounty of heaven should be lost.

Latin: “Omnes iudices urbanaeque plebes et artium officia cunctarum venerabili die solis quiescant. Ruri tamen positi agrorum culturae libere licenterque inserviant, quoniam frequenter evenit, ut non alio aptius die frumenta sulcis aut vineae scrobibus commendentur, ne occasione momenti pereat commoditas caelesti provisione concessa.”

Comment

Recorded because it fails the test. A Christian emperor legislating rest on the Lord’s day looks like the strongest possible early evidence that Mosaic law shaped Christian civil legislation. Read closely, it is evidence of the opposite, and a collection that cannot say so is not worth consulting.

There is no Decalogue reasoning in the text. No scripture is cited, no Sabbath invoked, no creation ordinance, not even the resurrection. The only justification offered is agronomic: work the fields, lest the bounty of heaven be lost. Note the Latin — caelesti provisione, providence as crop yield, not providence as command.

The agricultural exemption runs backwards. Exodus 34:21 does not merely include agricultural work in the Sabbath rest; it singles it out for emphasis: even in the seasons of plowing and harvesting, you must rest. Constantine exempts precisely and only the activity the Mosaic text takes pains to bind. The scopes differ too — the edict binds cities, magistrates, and trades, while the fourth commandment binds the household down to its livestock.

An argument this entry does not make. The phrase dies solis — “the day of the Sun” — is often offered as proof of pagan derivation. It should not be. Dies Solis was the ordinary Latin planetary-week name, no more a profession of solar religion than Thursday is a profession of faith in Thor, and Girardet has argued at length that Constantine’s usage was already Christian. That debate is live and this collection takes no side in it, because nothing turns on it: on either reading the law is grounded in the Lord’s day as a church institution, not in the fourth commandment. Girardet makes the edict more Christian without making it more Sabbatarian.

See [[laodicea-canon-29]] for the same absence stated affirmatively, and from the church’s own side.