Theodosian Code Research Articles

The Sanction for Parricidium in the Light of Cassiodorus’ Variae – Comments on Cass., Variae 1, 18, 4 in the Light of Roman Criminal Law and Leges Romanae Barbarorum

The traditional punishment for parricidium under Roman law was the poena cullei (“the penalty of the sack”). Its continued use in late antiquity is confirmed by the constitution of Emperor Constantine the Great later adopted in the Theodosian Code of 438 (C. Th. 9, 15, 1). It is not clear, however, whether this punishment was also applied in practice to pars Occidentis in the period after the abdication of Emperor Romulus Augustulus (476). The official royal correspondence preserved in Cassiodorus’ Variae mentions the penalty of exile imposed for fratricide (Cass., Variae 1, 18). The aim of the study is an attempt to interpret the indicated letter of Theodoric the Great, as well as a number of other sources (the provisions of Edictum Theoderici regis and Breviarium Alarici) to reconstruct the penal policy of this ruler towards the perpetrators of parricidium and homicidium.

Epistula Honorii: note esegetiche e riflessioni storico-giuridiche

Summary More than 430 fragments contained in the Theodosian Code can be traced back to laws by Honorius. The reason for this immense amount of costitutiones is to be found in the variety of issues he had to face during his rather long empire (395–423). Beyond those passed down in official Codes, a number of other laws issued under Honorius are attested by literary or historical sources. The purpose of this paper is to present, analyze and comment on the Epistula Honorii, a quite neglected rescript copied down in a Spanish volume of miscellaneous manuscripts from the end of the 10th century. The document, addressed to troops stationed in the city of Pamplona, grants certain benefits to these soldiers, namely an increase of their stipendium and the hospitium. After focusing on its dating and the problematic interpretation of its text, it will be compared to other laws by Honorius on similar topics.

Mysteriorum simulatio

Abstract This article considers the presence of a vocabulary of mysteries in the late antique laws collected in the Theodosian Code. The analysis shows the common use of some traditional words in a new meaning in order to define Christianity and defend its identity against other religions: not only the traditional mystery cults, but also the heretics. This vocabulary presents concepts and ancient religious ideas transformed into voces mediae, that can be used by religious communities in the conflicts of the age.

Social Status of Roman Senators According to the Theodosian Code: Legislation and Reality

In 438, at the initiative of Emperor Theodosius II, one of the most significant legislative collections of the late Roman Empire, the Codex Theodosianus (Eng. Theodosian Code), was published, which is a valuable source on the social history of the Roman state in Late Antiquity. Based on the data of the Codex Theodosianus and Novellae of Emperors, the author of the article reconstructs the most important components of the social status of Roman senators of the fourth century BC. It is revealed that in the view of the emperor and the compilers of the Theodosian Code, the senatorial aristocracy was thought of as the highest class of the Roman Empire. Several factors influenced the status of Roman senators. Following a “suitable” way of life and proper performance of political functions determined the position of the senator in society and formed his reputation not only in the eyes of the emperor, but also in the eyes of his community, as well as other classes. The way a person got into the ranks of the senatorial aristocracy also affected the status. So, it was not so much the origin that was important, but the observance of legality in obtaining titles, and, in the case of decurions, the legitimacy of the transition from one estate to another. Finally, the possession of the patrimony and ensuring its proper functioning guaranteed the full and timely payment of taxes by the senators, and in the eyes of the ruler was important for maintaining the high status of the senatorial aristocracy. Unlike legislation, reality was more complex. Thus, the social status was influenced by a much larger number of components (for example, the acceptance or rejection of a Roman aristocrat by the city plebs), moreover, the proper fulfillment by the senator of all the requirements put forward by the imperial power did not always lead him to success in political activity.

The imperial policy against heretics of restricting succession in the fourth century AD, with an appendix on the Theodosian Code

Summary A distinctive common feature of the measures against heretics and apostates in the 4th century AD is that their rights regarding successions are being curtailed or even removed. How was that done and is here a general policy visible? And what was the purpose behind these measures? Was it merely the wish of relatives to keep assets in the family as Riedlberger suggests, or was it to prevent that these sects became affluent, or perhaps was there a theological dimension to it? Since the essential texts derive from the Theodosian Code, this collection of imperial constitutions is discussed as well.

Could after the division of administration in 364 an emperor issue a law for the entire empire?

Abstract The question whether the administrative division of the Roman empire in 364 or 395 implied also a divided legislation, i.e. that each part could or did legislate only for itself, has been extensively debated. To all appearances the emperors issued laws jointly, and likewise the prefects issued edicts jointly. Yet it is possible to deduce from the few relevant texts that these manifestations of unity were merely ideological: in practice each part could only issue laws for itself, and laws of the other part had to be confirmed expressly in order to gain validity. This implies that inclusion in the Theodosian Code of laws of each part did not make them universally valid.

The protection of imperial statues in Late Antiquity

How does the pagan élite of Rome react to the laws that gradually limited the traditional religion and imposed the Christian faith? Was it an armed resistance or a painless process? The case study to better understand the topic will be an inscription regarding the Salians (CIL 6.2158), a very ancient priesthood of Rome, traditionally held by young Roman patricians. The pontiffs act independently without their maximus (the emperor), trying to go on practising the ancestral rites and restoring the ancient buildings, in this case precisely the mansiones of the Salians. Taking advantage of the evidence provided by the laws contained in the 16th book of the Theodosian Code, it will be very interesting to follow the internal process of change of the Roman élite, more complex than usually regarded, between actions and reactions, resistences until the inevitable conversion.

Did the published Theodosian Code include obsolete constitutions?

Summary It is a point of contention whether the Theodosian Code contains also obsolete constitutions as foreseen for the projected interim code of CTh 1,1,5, or only valid constitutions (with the exception of Book 16). The text of CTh 1,1,6 is unclear in this point and seems to be a mere continuation of the plan of CTh 1,1,5. However, it appears that the first view does not take into account other statements of Theodosius, and that research into particular subjects shows the compilers have rendered a logically consistent review of the law, without superfluous texts. In view of this evidence it is better to assume that also elsewhere in the Books 1 to 15 as a rule only valid laws were included.

Emanzipation als rite de passage

Abstract Emanzipation as rite de passage. Formula Visigothica 34 (7th c.) describes an emancipation. The text suggests that sons of Romans had an expectation to be released in this way from the paternal power when they reached the age of majority. Emancipation was specifically dealt with in their law, the Lex Romana Visigothorum. Some of these do not figure in Justinian’s Code. They might fit the gap, otherwise filled by excerpts from the Theodosian Code, which, however, C. 8,48,6 of 531 would have made outdated. Form. 34 treats the emancipation as a rite de passage. As such it would have accommodated those peoples, made Roman in 212, whose children normally reached majority at a certain age but now were subjected to the Roman patria potestas-system. In this way the old situation would be restored within the Roman setting. Two Theodosian constitutions indicate indeed such a general use.

Actor, colonus, conductor, procurator in einem Brief des Kaisers Honorius

Summary In this article the author presents three interpretations of the passage of emperor Honorius’ constitution that has been included in the Theodosian Code under the title quod iussu (CTh 2,31,1). The intention of the author is to prove the thesis that the emperor Honorius accepted a practically existing extension of the use of actio quod iussu to relations between landowners and overseers of the land property. Consequently the actio could be brought against the landowner or possessor of the land (dominus possessionis, cultor terrarum) on the ground that management personnel (servus, actor, conductor, colonus, procurator), regardless of their status libertatis, borrowed money with clear authorisation (iussum). The author does not share the opinion that the background of the emperor’s decision was the economic relation between the landowners and the management personnel.

Die Schriftheimat von Vat. Reg. Lat. 886 (Codex Theodosianus libri IX-XVI)

Summary It is generally assumed that the main manuscript of the Theodosian Code, Vat.Reg.Lat. 886, was copied in the 6th century in South-East Gaul, although Italy as provenance is not excluded. This manuscript contains marginal summaries, of which the origin is also attributed to Gaul. However, it can be shown that the largest group was made by one of the scribes (V2*) after 535 and before 554, on the very manuscript, that this was very likely done in Rome, and that the scribe was a Greek, perhaps a Byzantine official. This conclusion bears upon the provenance of Vat.Reg.Lat. 886. The errors in the Greek constitution CTh 9,45,4 imply that it cannot have been copied in the east. It must have been done in the west and not the Code, sent over in 437, was used (or else the Greek would be in order), but a copy of this Code, in which the scribe had misunderstood the Greek and made errors, which then figure in Vat.Reg.Lat. 886. The copying must have been done after 535 and just before the Summaria were made because the author of the Summaria was one of the correctors.

Between Heaven and Earth: Family ownership versus rights of monastic communities. The Theodosian Code and late antique legal practice

This article investigates the relationship between the legislation introduced in the field of proprietary rights assigned to various Church entities and the practice of accumulation of wealth by the monastic communities in late antique Egypt. On the one hand, among the literary sources the predominant theme concerning Egyptian monasticism is the idea of voluntary poverty and renunciation of worldly possessions aimed at the pursuance of a contemplative life. On the other hand, the papyri offer insight into monastic life that does not seem to have been entirely detached from the outside world. In this vein, the laws of Valentinian I and Theodosius II clearly indicate that monks and nuns continued to own property without disturbance after undertaking religious life. In addition, Theodosius the Great and later emperors restricted the freedom of certain groups of citizens to disown their property, rendering the Christian ideal of voluntary poverty not always feasible. It is only with Justinian that the rules regarding monastic poverty are shaped and set by the secular power. The incentive for this study is to check for any conflict between the principles of classical Roman law in the field of private ownership and imperial legislation included in the Codex Theodosianus. Giorgio Barone-Adesi observed the tension that took place between the Christian communities and their corporations that were allotted ever broader privileges and the Roman principle of preservation of the property within the family unit. There is, however, still some room left for discussion since not all the data easily adds up to an unequivocal conclusion. In this analysis, the Code is treated as a measure for taking a stand by the legislator in the dispute between the will of the owner, recognition of the rights of the heirs and family members, and finally the privileges granted to the religious consortia.

Religion and the Construction of a Christian Roman Polity

This article seeks to define a theoretical framework for the study of the relation between religion and the political community in the Roman world and to analyze a particular case in point. The first part reviews two prominent theories of religion developed in the last fifty years through the combined efforts of anthropologists and classicists, arguing for their complementary contribution to the understanding of religion's political dimension. It also provides an overview of the approaches of recent scholarship to the relation between religion and the Roman polity, contextualizing the efforts of this article toward a theoretical reframing of the political and institutional elements of ancient Christianity. The second part focuses on the religious legislation of the Theodosian Code, with particular emphasis on the laws against the heretics and their performance in the construction of the political community. With their characteristic language of exclusion, these laws signal the persisting overlap between the borders of the political community and the borders of religion, in a manner that one would expect from pre-Christian civic religions. Nevertheless, the political essence of religion did also adapt to the ecumenical dimension of the empire. Indeed, the religious norms of the Code appear to structure a community whose borders tend to be identical to the borders of the whole inhabited world, within which there is no longer room for alternative affiliations; the only possible identity outside this community is that of the insane, not belonging to any political entity and thus unable to possess any right.

Oddawanie czci władcy w Rzymie w okresie cesarstwa na przykładzie manus velatae i silentiarii

During the Roman Empire period, the ruler was venerated in many ways. Prostration, proskynesis, referring to the emperor as dominus; adora-tio purpurae; manus velatae; observing the ritual silence; and other rituals were supposed to strengthen the emperor’s authority. During the period of Dominate, the Roman freedom was replaced by etiquette at the imperial court. This article discusses only two examples of veneration of the ruler in the Roman Empire period, namely manus velatae and silentiarii. The manus velatae ritual consisted of giving hands covered with a cloth to the ruler and receiving objects from him in such hands. The gesture had already been encountered in many ancient cultures, such as Persian or Greek. What rarely occurred in Rome, as e.g. confirmed by Titus Livius in his History of Rome regarding the Numa period, became part of the court’s etiquette in Byzantine Rome. When, initially, hygienic and magical factors affected the development of the ritual, during the Dominate it was associated with largitio, namely the giving of gifts by the ruler as well as elements of mystery, submission and sanctification. Silentiaries were initially responsible for maintaining silence. Their social status gradually increased. They kept imperial audiences in order, convened meetings of the imperial council, received dignitaries, and played the role of messengers. Theodosian Code 6,23 and Code of Justinian 12,16 give examples of many imperial constitutions devoted to silentiaries, especially their privileges. Today, some elements of the imperial court etiquette, such as the manus velatae, are found in the Roman Catholic liturgy. In the age of sensitivity to the inherent and inalienable human dignity, also protected by laws, we use non-egalitarian titles, such as eminence, excellency, magnificence, etc., which are accepted as part of the so-called social dignity, but not the onticone.

Banished from the Company of the Good. Christians and Aliens in Fifth-Century Rome

ABSTRACT This article studies Latin civic discourse in relation to the political and legal concepts of the citizen and citizenship, and concentrates on the influence of Christianity on the development of this discourse in late-imperial Rome. While the concepts of civis and civitas gradually lost their political and legal value, the ancient Latin vocabulary in which these concepts are expressed did not disappear but acquired new contextual meaning and situational application. We will present this development in fourth- and fifth-century Rome by discussing two different yet closely related corpora of source texts, comparing the pastoral-theological sermons of the Roman bishop Leo I (440–461) with the imperial laws collected in the Theodosian Code. The juxtaposition of these corpora shows a striking similarity in the Christian appropriation of civic discourse, serving to develop and express new, religiously founded forms of belonging to as well as exclusion from the civic community in city and empire.

A Few Remarks on Regulations Concerning Delationes in Fiscal Matters in the Imperial Legislation of the First Half of the 4th Century A.D.

The aim of the article is to examine the constitutions contained in the Theodosian Code dating to the first half of the 4th century, and related to the phenomenon of fiscal denunciation (C. Th. 10,10,1–8). For years, controversy among the authors has been aroused by the first two constitutions of this title and their reference to issues related only to either criminal procedure or fiscal procedure, or both. The first issue addressed by the presented article is therefore the question of the nature of delationes, referred to in C.Th. 10,10,1 and 2. The second problem, formulated and subjected to scrutiny, is the question of the nature of the ban on reporting activities in fiscal matters – whether it was of a general nature or related only to certain forms of denunciation. It seems that, in the light of the last constitutions within our scope, it is not possible to assume that all forms of providing information in fiscal matters were severely punished.

The The Status of the Jews in the Christian Empire according to book 16 of the Theodosian Code: Part One

The article presents a general characteristics and content of Book 16 of the Theodosian Code and the religious policy of the late Empire against the dissenters, in order to analyze the status of Jews. In the subsequent part, the author analyzes the privileges enjoyed by the followers of Judaism in the 4th century Empire, that is, privileges for superiors and members of communities as well as the legal protection of synagogues and Judaic worship.

Późnorzymskie ius postliminii świadectwem słabości ‘soft power’ cesarstwa – studium przypadku

<p>W artykule omówiono późnorzymską konstytucję cesarską, która potwierdzała reguły ius postliminii – prawa obywatela rzymskiego do powrotu do utraconej sytuacji prawnej w przypadku uwolnienia z niewoli nieprzyjacielskiej – uzupełniając je o dodatkowe przywileje, ale wyłączając zastosowanie ustawy wobec tych, którzy przenieśli się dobrowolnie: C. Th. 5.7.1 (Brev. 5.5.1) = C. 8.50.19 (a. 366). Autor analizuje przyczyny, dla których unormowanie to znajdowało zastosowanie w różnych realiach historycznych i geograficznych. Wyciąg z tej konstytucji znany jest z Kodeksu Teodozjańskiego (Codex Theodosianus) z 438 r. i opatrzony został w interpretatio, powstałej w Galii pod koniec V w., a oba teksty powtórzono w Brewiarzu Alaryka (ok. 506). Lex Romana Burgundionum (ok. 501) w części podzielała rozwiązanie przyjęte w analizowanej konstytucji, podczas gdy jej skrócona wersja przejęta została do Kodeksu Justyniana (Codex Justinianus) z 534 r. Autor wskazuje przyczyny, dla których C. Th. 5.7.1 (Brev. 5.5.1) = C. 8.50.19 (a. 366) znajdowało zastosowanie w Galii w połowie IV w., w imperium Teodozjusza II (408–450), w późnym V w. w Galii oraz w zachodniej i wschodniej części świata śródziemnomorskiego pierwszej połowy VI w. Wysnuwa stąd wniosek, że C. Th. 5.7.1 (Brev. 5.5.1) = C. 8.50.19 (a. 366) i jej powtarzanie w różnych źródłach są świadectwem słabnięcia rzymskiego ‘soft power’ w późnym antyku, podkreślając uniwersalność tej koncepcji, wprowadzonej do politologii przez Josepha S. Nye Jr. w późnych latach osiemdziesiątych XX w.</p>

Plato and the Theodosian Code

The codification project initiated in 429 ad that resulted in the Theodosian Code was originally designed to integrate three types of law: one, imperial constitutions since Constantine; two, the legal material collected in the tetrarchic Codices Gregorianus and Hermogenianus; and three, a florilegium of juristic writings and responsa. The ultimate aim was to condense all this in a single comprehensive law book that would govern the entire life of the empire and its subjects. As this paper shows, such a project had no precedent in Roman legal history and in fact ran counter to the traditional multiplicity of legal sources in Rome. This prompts a question: from where did the intellectual fathers of the codification project drew inspiration for such a revolutionary idea? In the paper's second part, I argue that one important model for the codification project of 429 could have been the legal code Plato designed for the ideal state of the Laws.

Naisus - pregled političkih i ekonomskih prilika u gradu od I do V veka n. e

This paper is the result of the research of the history of ancient Naissus. Its aim is to present the history of Naissus in the ancient time when the city was a part of the Roman Empire. The research is based on literary and epigraphic sources and archaeological finds. The territory of Naissus was a part of two provinces, Dacia Mediterranea and Dacia Ripensis. Since Naissus was an ordinary provincial city, ancient writers of that time did not show much interest in its history. Thus, information on Naissus in literary sources is quite scarce and occasionally inaccurate. Some information on Naissus is found in the work of Procopius (De aedificiis), the document Notitia dignitatum, recording a workshop for making weapons and military equipment. Naissus also appears in the Theodosian Code, as one of the numerous towns where the emperors issused edicts and laws. Epigraphic monuments are of particular importance for studying the history of any Roman city. These provide valuable information on the way of life, customs, religion, government, and military and social organization of the ancient world. Besides literary and epigraphic sources, the archaeological findsremains of ancient buildings, temples, roads, bridges, objects of material culture, weapons, tools, jewellery-all contributed significantly to shedding light on the past of the city of Niš.