Presbyters Uniwersytet Warszawski
ID
ER 2333
The Emperors Honorius and Theodosius issue a law against the Montanists forbidding them to create clerics (bishops, presbyters, deacons) and to gather for liturgical celebrations. The law also impose penalties on lay people who provide the Montanists with places to convene. The law issued on 31 October 415, included in the Theodosian Code (16.5.57) published in 438.
16.5.57
 
IDEM AA. AVRELIANO P(RAEFETO) P(RAETORI)O II.
Montanistae conveniendi vel celebrandi coetus ademptum sibi et creandi clericos omnes intellegant facultatem, ita ut, si conventus inlicitos celebraverint, clerici eorum et episcopi sive presbyteri vel diaconi, qui nefaria conventicula ineunda temptaverint vel creare clericos ausi fuerint vel etiam creari adquiverint, stilum deportationis excipiant. 1. Hi vero, qui ad celebrandos interdictos conventus eos susceperint, ea ipsa re, in qua hoc fieri concesserint et execrabilia mysteria celebrari, procul dubio intellegant se spoliandos, sive domus ea fuerit sive possessio; si vero procuratores ignorantibus dominis eos susceperint, in exilium se vehementer coherecitos non ambigant ablegandos. 2. Si qua etiam propria eorum nunc extant aedificia, quae non ecclesiae, sed antra debent feralia nominari, venerabilibus ecclesiis orthodoxae sectae cum donariis addicentur. Quod quidem ita fieri oportebit, ut abstineatur privatorum rebus, ne sub obtentu rerum ad ecclesias Montanistarum perinentium adversus privatos spoliatio ac direptio perpetretur. DAT. PRID. KAL. NOV. CONST(ANTINO)P(OLI) HONOR(IO) X ET THEOD(OSIO) VI AA. CONSS.
  
(ed. Mommsen 1905: 875)
16.5.57
 
THE SAME AUGUSTI TO AURELIANUS, PRAETORIAN PREFECT FOR THE SECOND TIME.
The Montanists shall understand that they are deprived of all right to assemble, to hold meetings, and to create clerics. Moreover, if they should hold unlawful assemblies, their clerics, bishops, presbyters, or deacons who have attempted to hold such nefarious conventicles or have dared to create clerics or have acquiesced in being created clerics shall receive the sentence of deportation.
1. If, indeed, any person should receive the aforesaid persons for the purpose of holding the forbidden meetings, he shall undoubtedly understand that he will be deprived of the property in which he allowed such meetings to be held and the accursed mysteries to be performed, whether such property was a house or a landholding. But if procurators should receive such persons without the knowledge of their masters, they shall not doubt that they will be severely punished and sent into exile. 2. Moreover, if any of their buildings should now exist, which ought not to be called churches but feral grottoes, such property with its offertories shall be adjudged to the venerable churches of the orthodox sect. This must be accomplished in such a way that the property of private persons shall not be molested, so that under the pretext of property belonging to the churches of the Montanists, despoliation and plunder may not be perpetrated against private persons.
GIVEN ON THE DAY BEFORE THE KALENDS OF NOVEMBER AT CONSTANTINOPLE IN THE YEAR OF THE TENTH CONSULSHIP OF HONORIUS AUGUSTUS AND THE SIXTH CONSULSHIP OF THEODOSIUS AUGUSTUS (= 31 October 415).
 
(trans. Pharr 1952: 461)

Place of event:

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

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), 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

Categories:

Religious grouping (other than Catholic/Nicene/Chalcedonian) - Montanist
    Described by a title - Presbyter/πρεσβύτερος
      Described by a title - Clericus
        Ritual activity - Eucharist
          Public law - Secular
            Administration of justice - Financial punishment
              Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER2333, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=2333