Presbyters Uniwersytet Warszawski
ID
ER 2194
The Emperors Valentinian, Valens, and Gratian issue a law which forbids clerics to associate with widows and juvenile women and forbids these women to donate or bequeath anything of their property to clerics. The law issued on 30 July 370, included in the Theodosian Code published in 438.
XVI.2.20
 
IMPPP. VALENTINIANUS, VALENS ET GRATIANUS AAA. AD DAMASUM EPISCOPUM URBIS ROMAE. Ecclesiastici aut ex ecclesiasticis vel qui continentium se volunt nomine nuncupari, viduarum ac pupillarum domos non adeant, sed publicis exterminentur iudiciis, si posthac eos adfines earum vel propinqui putaverint deferendos. Censemus etiam, ut memorati nihil de eius mulieris, cui se privatim sub praetextu religionis adiunxerint, liberalitate quacumque vel extremo iudicio possint adipisci et omne in tantum inefficax sit, quod alicui horum ab his fuerit derelictum, ut nec per subiectam personam valeant aliquid vel donatione vel testamento percipere. Quin etiam, si forte post admonitionem legis nostrae aliquid isdem eae feminae vel donatione vel extremo iudicio putaverint relinquendum, id fiscus usurpet. Ceterum si earum quid voluntate percipiunt, ad quarum successionem vel bona iure civili vel edicti beneficiis adiuvantur, capiant ut propinqui. LECTA IN ECCLESIIS ROMAE III KAL. AUG. VALENTINIANO ET VALENTE III AA. CONSS.
 
(ed. Mommsen 1905: 841)
XVI.2.20
 
EMPERORS VALENTINIAN, VALENS, AND GRATIAN AUGUSTI TO DAMASUS, BISHOP OF THE CITY OF ROME. Ecclesiastics, ex-ecclesiastics, and those men who wish to be called by the name of continents shall not visit the homes of widows and female wards, but they shall be banished by the public courts, if hereafter the kinsmen, by blood or marriage, of the aforesaid women should suppose that such men ought to be reported to the authorities. We decree, further, that the aforesaid clerics shall be able to obtain nothing whatever, through any act of liberality or by a last will of those women to whom they have attached themselves privately under the pretext of religion. Everything that may have been left by the aforesaid women to any one of the aforesaid ecclesiastics shall be ineffective to such an extent that they shall not be able, even through an interposed person, to obtain anything either by gift or by testament. Furthermore, if by chance after the admonition of Our law the aforesaid women should suppose that anything ought to be bestowed on the aforesaid men, either by gift or by last will, such property shall be appropriated by the fisc. If, on the other hand, the aforesaid men should receive anything through the will of the aforesaid women, to whose succession or property they are assisted either by the civil law or by benefit of the edict, they shall take it as near kinsmen. READ IN THE CHURCHES AT ROME ON THE THIRD DAY BEFORE THE KALENDS OF AUGUST IN THE YEAR OF THE CONSULSHIP OF VALENTINIAN AUGUSTUS AND THE THIRD CONSULSHIP OF VALENS AUGUSTUS [=30 July 370].
 
(trans. Pharr 1952: 443-444)

Discussion:

This law is referred to in Jerome's Letter 52.6 and in Ambrose's Letter 73.13 [1926] (see also his De officiis 1.87 [2195]). See Delmaire (2005: 162-63).

Place of event:

Region
  • East
  • Rome
City
  • Constantinople
  • Rome

About the source:

Title: Codex Theodosianus, Code of Theodosius, Theodosian Code
Origin: Constantinople (East), Rome (Rome)
Denomination: Catholic/Nicene/Chalcedonian, Arian
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
Bibliography:
(all those entries with extenstive, recent bibliography)
 
Otto Seeck, Regesten der Kaiser und Päpste für die Jahre 311 bis 476 n. Chr.: Vorarbeit zu einer Prosopographie der christlichen Kaiserzeit, Stuttgart 1918

Categories:

Sexual life - Sexual abstinence
    Private law - Secular
      Economic status and activity - Gift
        Economic status and activity - Inheritance
          Relation with - Woman
            Described by a title - Ecclesiasticus
              Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER2194, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=2194