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ER 2285
The Emperors Theodosius, Arcadius, and Honorius issue a law introducing financial penalties for heretical clerics. The law issued on 9 July 394, included in the Theodosian Code (16.5.24) published in 438 and and repeated in the Justinian Code, promulgated in 529 and then again 534 (1.5.2).
16.5.24 = cf. CJ 1.5.2
 
IDEM AAA. RUFINO P(RAEFECTO) P(RAETORI)O.
Haereticorum dementia nec ulterius conetur perpetrare quae reppererit nec illicita habere concilia, nusquam profana praecepta vel docere vel discere: ne antistites eorundem audeant fidem insinuare, quam non habent, et ministros creare, quod non sunt, ne per coniventiam iudicantum omniumque, quibus per constitutiones paternas super hoc cura mandata est, eiusmodi audacia neglegatur et crescat.
DAT. VII ID. IUL. CONST(ANTINO)P(OLI) ARCAD(IO) A. III ET HONORIO AA. CONSS. (= 9 July 394)
 
(ed. Mommsen 1905: 863)
16.5.24 = cf. CJ 1.5.2
 
THE SAME AUGUSTI TO RUFINUS, PRAETORIAN PREFECT.
The madness of heretics shall not attempt further to perpetrate the criminality which they have devised nor to hold unlawful councils. Nowhere shall they attempt to teach or learn their profane doctrine; their bishops shall not dare to teach a faith which they do not have and to creat ministers who are not ministers. Such audacity shall not be neglected nor increase through the connivance of judges or of any person to whom the care of this matter was entrusted through the constitutions of Our father.
GIVEN ON THE SEVENTH DAY BEFORE THE IDES OF JULY AT CONSTANTINOPLE IN THE YEAR OF THE THIRID CONSULSHIP OF ARCADIUS AUGUSTUS AND THE SECOND CONSULSHIP OF HONORIUS AUGUSTUS (= 9 July 394)
 
(trans. Pharr 1952: 454)

Place of event:

Region
  • East
City
  • Constantinople

About the source:

Title: Codex Theodosianus, Code of Theodosius, Theodosian Code, Codex Iustinianus, Codex Justinianus, Code of Justinian, Justinianic 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), posttheodosian novels and several other juristic texts.
 
A new compilation was undertaken during the reign of the emperor Justinian. The 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
 
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)

Categories:

Public law - Secular
    Relation with - Bishop/Monastic superior
      Described by a title - Minister/λειτουργός/ὑπηρέτης
        Religious grouping (other than Catholic/Nicene/Chalcedonian) - Unspecified 'heretic'
          Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER2285, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=2285
          Record by: Marta Szada
          last edited: 2019-08-22 09:59:29
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