Could Converting Someone from Christianity to Yahudi Practice Become a Capital Crime?

5th c. · Theodosius II, Novella 3 · 438 CE

What the ancient record says

Yes, by the 5th century imperial legislation could impose the most severe penalties for proselytizing Christianoi into Yahudi practice. Theodosius II's Novella 3 (438 CE) contains a series of restrictions concerning Yahudim, Samaritans, and others, including severe penalties for converting a Christianos to Yahudi practice.

How severe: the legal tradition associates the offense with capital punishment and confiscation of property, no longer "we disagree with your religion"; conversion in the disfavored direction had become criminal law. Conversion the other direction was not treated the same, an asymmetry: the Christian Roman state increasingly protected conversion toward Christianity while restricting/criminalizing movement away.

Does not prove every accused was executed (law vs enforcement, the statute establishes what was authorized/threatened; prosecutions need case evidence). Matters: religious competition had entered the coercive power of the state, the state could confiscate, punish, and potentially kill over conversion.