Presbyters Uniwersytet Warszawski
ID
ER 2113
The Emperors Arcadius, and Honorius issue the law which forbids decurions who have public debt to escape to the church and take holy orders. The law issued on 27 July 398 in Constantinople, included in the Theodosian Code published in 438 and repeated in the Justinian Code promulgated in 529 and then again 534.
IX.45.3 =  cf. CJ 1.3.12
 
IDEM AA. EUTYCHIANO PRAEFECTO PRAETORIO. Si quis in posterum servus ancilla, curialis, debitor publicus, procurator, murilegulus, quilibet postremo publicis privatisve rationibus involutus ad ecclesiam confugiens vel clericus ordinatus vel quocumque modo a clericis fuerit defensatus nec statim conventione praemissa pristinae condicioni reddatur, decuriones quidem et omnes, quos solita ad debitum munus functio vocat, vigore et sollertia iudicantum ad pristinam sortem velut manu mox iniecta revocentur: quibus ulterius legem prodesse non patimur, quae cessione patrimonii subsecuta decuriones esse clericos non vetabat. Sed etiam hi, quos oeconomos vocant, hoc est qui ecclesiasticas consuerunt tractare rationes, ad eam debiti vel publici vel privati redhibitionem amota dilatione cogantur, in qua eos obnoxios esse constiterit, quos clerici defensandos receperint nec mox crediderint exhibendos. ET CETERA. DAT. VI KAL. AVG. MNIZO HONORIO A. IIII ET EUTYCHIANO CONSS.
 
(ed. Mommsen 1905: 519)
IX.45.3 =  cf. CJ 1.3.12
 
The same Augustuses to Eutychianus, Praetorian Prefect.
If, in the future, any slave, maidservant, decurion, public debtor, procurator, collector of purple dye fish, or anyone, finally, who is involved in public or private accounts should take refuge in a church, and if he should be either ordained a cleric or defended in any way by clerics and if he should not be returned to his former condition immediately by the issuance of a summons, decurions, indeed, and all others who are called by a customary function to the duty that they owe shall be recalled to their former lot by the energy and wisdom of the judges, as if by forcible seizure. We no longer permit such persons to have the benefit of the law which did not forbid decurions to be clerics after surrender of their patrimonies had ensued. But also those persons who are called stewards, that is, those who customarily manage ecclesiastical accounts, shall be compelled without any delay to the repayment of a public or private debt to which it appears that those persons are obligated whom clerics received to be defended and did not
suppose should be produced immediately. (Etc.) Given on the sixth day before the kalends of August at Mnizus in the year of the fourth consulship of Honorius Augustus and the consulship of Eutychianus. July 27, 398.
 
(trans. Pharr 1952: 265)

Discussion:

"Idem AA." refers to the emperors Arcadius and Honorius named in the previous law IX.45.2.

Place of event:

Region
  • East
  • Gaul
City
  • Mnizos

About the source:

Title: Codex Theodosianus, Code of Theodosius, Theodosian Code
Origin: Constantinople (East)Mnizos (East),
Denomination: Catholic/Nicene/Chalcedonian
The Theodosian Code is a compilation of the Roman legislation from the times of the Emperor Constantine to the times of Theodosius II. The work was begun in 427 and finished in autumn 437 when it was accepted for publication. It was promulgated in February 438 and came into effect from the beginning of the year 439.
 
The compilation consist of sixteen books in which all imperial constitutions are gathered beginning with the year 312. Books 1-5 did not survive and are reconstructed from the manuscripts of the Lex Romana Visigothorum, i.e. the Breviary of Alaric, the legal corpus published in 506 by the Visigothic king, Alaric, containing excerpts from the Theodosian Code equipped with explanatory notes (interpretationes), post-Theodosian novels and several other juristic texts.
 
A new compilation was undertaken during the reign of the emperor Justinian. A committee of ten persons prepared and promulgated the Codex in 529. It was quickly outdated because of the legislative activities of the emperor and therefore its revised version had to be published in 534. The Codex together with the novels, the Pandecta, a digest of juristic writings, and the Institutes, an introductory handbook are known under the medieval name "Corpus Iuris Civilis".
Edition:
Theodor Mommsen and Paul Martin Meyer (eds.), Theodosiani libri XVI cum constitutionibus Sirmondianis et leges novellae ad Theodosianum pertinentes, 2 vols., Berlin 1905
Paul Krüger (ed.), Codex Iustinianus, Berlin 1877
Gustav Hänel (ed.), Lex Romana Visigothorum, Leipzig 1849
 
Translation:
The Theodosian Code and Novels and the Sirmondian Constitutions, a translation with commentary, glossary, and bibliography by C. Pharr, Princeton 1952

Categories:

Social origin or status - Social elite
    Social origin or status - Slaves
      Described by a title - Clericus
        Impediments or requisits for the office - Social/Economic/Legal status
          Ecclesiastical administration - Administering Church property
            Public functions and offices after ordination - Civic office
              Public law - Secular
                Relation with - Secular authority
                  Administration of justice - Financial punishment
                    Pastoral activity - Ransoming and visiting prisoners and captives
                      Pastoral activity - Granting asylum
                        Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER2113, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=2113