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ER 2131
The Emperors Gratian, Valentinian II, and Theodosius issue the law which allows decurions who became clerics to leave their service in municipal councils only if they find replacement. The law issued on 31 December 386 in Constantinople, included in the Theodosian Code published in 438.
XII.1.115
 
IDEM AAA. CYNEGIO P(RAEFECTO) P(RAETORI)O. Clerici ad curiam pertinentes sciant ex patrimonio suo, si ipsi immunes cupiunt permanere, alios idoneos esse faciendos, qui recedentum praesentiam personamque restituant in publicis muneribus subeundis. DAT. PRID. KAL. IAN. CONSTANT(INO)P(OLI) HONOR(IO) N. P. ET EVODIO CONSS.
 
(ed. Mommsen 1905: 690)
XII.1.115
 
The same Augustuses to Cynegius, Praetorian Prefect.
Clerics who belong to municipal councils shall know that if they wish themselves to remain exempt from services, by their patrimony they must make others adequate to replace their presence and their persons in undergoing compulsory public services, when they withdraw to the Church. Given on the day before the kalends of January at Constantinople in the year of the consulship of Emperor Designate Honorius and of Evodius. December 31, 386.
 
(trans. Pharr 1952: 359)

Discussion:

The emperors are named in XII.1.80.

Place of event:

Region
  • East
City
  • Constantinople

About the source:

Title: Codex Theodosianus, Code of Theodosius, Theodosian Code
Origin: Constantinople (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 It was quickly outdated because of the legislative activities of the emperor and therefore its revised version had to be published in 534.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
Bibliography:
(all those entries with extenstive, recent bibliography)
 
 

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
              Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER2131, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=2131
              Record by: Marta Szada
              last edited: 2019-08-12 10:22:03
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