Presbyters Uniwersytet Warszawski
ID
ER 2165
The Emperor Constantius issues a law granting exemptions from curial obligations to the clerics. The law issued on 11 April 349, included in the Theodosian Code published in 438.
XVI.2.9
 
IDEM A. SEVERIANO PROC(ONSVLI) ACHAIAE. Curialibus muneribus adque omni inquietudine civilium functionum exsortes cunctos clericos esse oportet, filios tamen eorum, si curiis obnoxii non tenentur, in ecclesia perseverare. DAT IIII ID. APR. LIMENIO ET CATULLINO CONSS.
 
(ed. Mommsen 1905: 837)
XVI.2.9
 
The same Augustus to Severianus, Proconsul of Achaea.
All clerics must be exempt from compulsory services as decurions and from every annoyance of municipal duties. Their sons, moreover, must continue in the Church, if they are not held obligated to the municipal councils.
Given on the third day before the ides of April in the year of the consulship of Limenius and Catullinus. April 11, 349.
  
(trans. Pharr 1952: 442)

Discussion:

The office of Severianus, known only from this text, is uncertain. One of the two manuscripts transmitting the law has "proc. Asiae", and another "pu Achaiae". "Proconsul Achaiae" is emendation of Mommsen.

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 It was quickly outdated because of the legislative activities of the emperor and therefore its revised version had to be published in 534.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
 
Translations:
The Theodosian Code and Novels and the Sirmondian Constitutions, a translation with commentary, glossary, and bibliography by C. Pharr, Princeton 1952
Les lois religieuses des empereurs romains de Constantin à Théodose (312-438), v. 1, Code Théodosien livre XVI, text latin Th. Mommsen, trad. J. Rougé, introduction et notes R. Delmaire avec collab. F. Richard, Paris 2005

Categories:

Social origin or status - Social elite
    Social origin or status - Clerical family
      Described by a title - Clericus
        Impediments or requisits for the office - Social/Economic/Legal status
          Public law - Secular
            Economic status and activity - Taxes and services
              Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER2165, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=2165