Presbyters Uniwersytet Warszawski
ID
ER 2126
The Emperors Valentinian and Valens decree that before entering the clergy decurions should transfer their status to a kinsman along with their property. If they have not done that, they will be recalled to the council. The law issued on 12 September 364 in Aquileia, included in the Theodosian Code published in 438.
XII.1.59
 
IDEM AA. AD BYZACENOS.
Qui partes eligit ecclesiae, aut in propinquum bona propria conferendo eum pro se faciat curialem aut facultatibus curiae cedat quam reliquit, ex necessitate revocando eo, qui neutrum fecit, cum clericus esse coepisset. Et cetera.
DAT. IIII ID. SEPT. AQUILEIAE DIVO IOVIANO ET VARRONIANO CONSS.
 
(ed. Mommsen 1905: 677)
XII.1.59
 
The same Augustuses to the inhabitants of Byzacium.
If any person should choose service in the Church, he shall either make a near kinsman a decurion in his stead by transferring to him his own property, or he shall cede his property to the municipal council which he left. Of course, a person must of necessity be recalled to the municipal council if he did neither of these when he began to be a cleric. (Etc.)
Given on the fourth day before the ides of September at Aquileia in the year of the first consulship of the sainted Jovian and of Varrionianus. September 12, 364.
 
(trans. Pharr 1952: 351)

Discussion:

The emperors are named in XII.1.57.

Place of event:

Region
  • East
  • Italy north of Rome with Corsica and Sardinia
City
  • Constantinople
  • Aquileia

About the source:

Title: Codex Theodosianus, Code of Theodosius, Theodosian Code
Origin: Constantinople (East), Aquileia (Italy north of Rome with Corsica and Sardinia)
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
    Described by a title - Clericus
      Public functions and offices before ordination
        Public functions and offices after ordination - Civic office
          Public law - Secular
            Economic status and activity - Indication of wealth
              Relation with - Other relative
                Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER2126, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=2126