Codex Theodosianus

Last updated
18th-century edition with commentary by Jacques Godefroy Codex Theodosianus.jpg
18th-century edition with commentary by Jacques Godefroy
A bust of Theodosius II in the Louvre Theodosius II Louvre Ma1036.jpg
A bust of Theodosius II in the Louvre

The Codex Theodosianus ("Theodosian Code") was a compilation of the laws of the Roman Empire under the Christian emperors since 312. A commission was established by Emperor Theodosius II and his co-emperor Valentinian III on 26 March 429 [1] [2] and the compilation was published by a constitution of 15 February 438. It went into force in the eastern and western parts of the empire on 1 January 439. [1] The original text of the codex is also found in the Breviary of Alaric (also called Lex Romana Visigothorum), promulgated on 2 February 506. [3] [4]

Contents

Development

On 26 March 429, Emperor Theodosius II announced to the Senate of Constantinople his intentions to form a committee to codify all of the laws (leges, singular lex) from the reign of Constantine up to Theodosius II and Valentinian III. [5] The laws in the code span from 312 to 438, so by 438 the "volume of imperial law had become unmanageable". [6] Twenty-two scholars, working in two teams, worked for nine years starting in 429 to assemble what was to become the Theodosian Code. [7] The chief overseer of the work was Antiochus Chuzon, a lawyer and a prefect and consul from Antioch. [8]

Their product was a collection of 16 books containing more than 2,500 constitutions issued between 313 and 437, while, at the same time, omitting obsolete provisions and superfluous phrases, and making additions, emendations, and alterations. [9] John F. Matthews illustrated the importance of Theodosius' code when he said, "the Theodosian Code was the first occasion since the Twelve Tables on which a Roman government had attempted by public authority to collect and publish its leges." [10] The code covers political, socioeconomic, cultural, and religious subjects of the 4th and 5th centuries in the Roman Empire. [11]

A collection of imperial enactments called the Codex Gregorianus had been written in c. 291–4 [1] and the Codex Hermogenianus , a limited collection of rescripts from c. 295, [1] was published. The Sirmondian Constitutions may also represent a small-scale collection of imperial laws. However, Theodosius desired to create a more comprehensive code that would provide greater insight into law during the later empire (321–429). Peter Stein states, "Theodosius was perturbed at the low state of legal skill in his empire of the East." He started a school of law at Constantinople. In 429, he assigned a commission to collect all imperial constitutions since the time of Constantine. [5]

While gathering the vast amount of material, editors often had multiple copies of the same law. In addition to this, the source material the editors were drawing upon changed over time. Clifford Ando notes that according to Matthews, the editors "displayed a reliance on western provincial sources through the late 4th century and on central, eastern archives thereafter." [12]

After 6 years, an initial version was finished in 435 but was not published. Instead, it was improved upon and expanded and finally finished in 438 and taken to the Senate in Rome and Constantinople. Matthews believes that the two attempts are not the result of a failed first attempt; however, the second attempt shows "reiteration and refinement of the original goals at a new stage in the editorial process". [13] Others have put forth alternate theories to explain the lengthy editorial process and two different commissions. Boudewijn Sirks believes that "the code was compiled from imperial copy books found at Constantinople, Rome, or Ravenna, supplemented by material at a few private collections, and that the delays were caused by such problems as verifying the accuracy of the text and improving the legal coherence of the work." [14]

The tone of the work reflected the rhetorical training that the drafters had received, and Averil Cameron has described it as "verbose, moralizing and pretentious". [15]

Context

The code was written in Latin and referred explicitly to the two capitals of Constantinople (Constantinopolitana) and Rome (Roma). [16] It was also concerned with the imposition of orthodoxy – the Arian controversy was ongoing – within the Christian religion and contains 65 decrees directed at heretics. [17]

Initially, Theodosius attempted to commission leges generales beginning with Constantine as a supplement for the Codex Gregorianus and the Codex Hermogenianus. He intended to supplement the legal codes with the opinions and writings of ancient Roman jurists, much like the digest found later in Justinian's Code . But the task proved too great, and in 435, it was decided to concentrate solely on the laws from Constantine to the time of writing. This decision defined the most significant difference between the Theodosian Code and Justinian's later Corpus Juris Civilis.

Matthews observes, "The Theodosian Code does, however, differ from the work of Justinian (except the Novellae), in that it was largely based not on existing juristic writings and collections of texts, but on primary sources that had never before been brought together." [18] Justinian's Code, published about 100 years later, comprised both ius, "law as an interpretive discipline", and leges, "the primary legislation upon which the interpretation was based". [19] While the first part, or codex, of Justinian's Corpus Civilis Juris contained 12 books of constitutions, or imperial laws, the second and third parts, the digest and the Institutiones, contained the ius of Classical Roman jurists and the institutes of Gaius.

While the Theodosian Code may seem to lack a personal facet due to the absence of judicial reviews, upon further review, the legal code gives insight into Theodosius' motives behind the codification. Lenski quotes Matthews as noting that the "imperial constitutions represented not only prescriptive legal formulas but also descriptive pronouncements of an emperor's moral and ideological principles". [20]

Christianity

Apart from clearing up confusion and creating a single, simplified, and supersedent code, Theodosius II also attempted to solidify Christianity as the Empire's official religion after it had been decriminalised under Galerius' rule and promoted under Constantine's. In his City of God , St. Augustine praised Theodosius the Great, Theodosius II's grandfather, who shared his faith and devotion, as "a Christian ruler whose piety was expressed by the laws he had issued in favor of the Catholic Church". [21]

The Codex Theodosianus is, for example, explicit in ordering that all actions at law should cease during Holy Week, and the doors of all courts of law be closed during those 15 days (1. ii. tit. viii.). It also instituted laws punishing homosexuality, which represented a departure from policy under the period of the Roman Republic, under which homosexuality was tolerated and perhaps mocked but was not illegal. [22] [23]

The first laws granting tax exemption to the church appear in the Codex and are credited to Constantine and his son Constantius II. These laws specify land owned by clergy, their family members, and churches were exempt from compulsory service and tax payments with the exception of land personally owned by the clerics. [24] [25]

Sources

Books 1-5 lack the manuscript support available for books 6–16. The first five books of the surviving Codex draw largely from two other manuscripts. The Turin manuscript, or "T," consists of 43 largely discontinuous folios. [4] The second manuscript is the Breviary of Alaric , and a good part of the Breviarium that is included in book 1 contains the original text of the respective part of the original codex. [4]

The latter part of the Codex, books 6–16, also drew largely from two texts. Books 6–8 of the Codex were preserved in the text of a document known as Parsinus 9643. [26] The document circulated in early medieval French libraries, as well as the other formative document for the latter part of the code, a document held in the Vatican (Vat. Reg. 886), also known as "V". [26] Scholars consider this section to have been transmitted completely. [26]

Editions

The reference edition of the Codex Theodosianus is:

Other editions/commentaries

English translation

The Theodosian Code was translated into English, with annotations, in 1952 by Clyde Pharr, Theresa Sherrer Davidson, and others. [27] [lower-alpha 1] This translation was very favorably received by scholars. [lower-alpha 2]

See also

Related Research Articles

<span class="mw-page-title-main">Theodosius I</span> Roman emperor from 379 to 395

Theodosius I, also called Theodosius the Great, was a Roman emperor from 379 to 395. During his reign, he succeeded in a crucial war against the Goths, as well as in two civil wars, and was instrumental in establishing the creed of Nicaea as the orthodox doctrine for Christianity. Theodosius was the last emperor to rule the entire Roman Empire before its administration was permanently split between the West and East.

<i>Corpus Juris Civilis</i> Collection of legal works codified by Justinian I of Byzantium

The Corpus JurisCivilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Byzantine Emperor Justinian I. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian.

<span class="mw-page-title-main">Theodosius II</span> Eastern Roman emperor from 402 to 450

Theodosius II was Roman emperor from 402 to 450. He was proclaimed augustus as an infant and ruled as the Eastern Empire's sole emperor after the death of his father, Arcadius, in 408. His reign was marked by the promulgation of the Theodosian law code and the construction of the Theodosian Walls of Constantinople. He also presided over the outbreak of two great Christological controversies, Nestorianism and Eutychianism.

<i>Breviary of Alaric</i> 6th-century collection of Roman law

The Breviary of Alaric is a collection of Roman law, compiled by Roman jurists and issued by referendary Anianus on the order of Alaric II, King of the Visigoths, with the approval of his bishops and nobles. It was promulgated on 2 February 506, the 22nd year of his reign. It applied, not to the Visigothic nobles who lived under their own law, which had been formulated by Euric, but to the Hispano-Roman and Gallo-Roman population, living under Visigoth rule south of the Loire and, in Book 16, to the members of the trinitarian Catholic Church; the Visigoths were Arian and maintained their own clergy.

<span class="mw-page-title-main">Joannes</span> Roman emperor from 423 to 425

Joannes or John was Western Roman emperor from 423 to 425.

<span class="mw-page-title-main">Late antiquity</span> Post-classical antiquity in western Eurasia and northern Africa

Late antiquity is sometimes defined as spanning from the end of classical antiquity to the local start of the Middle Ages, from around the late 3rd century up to the 7th or 8th century in Europe and adjacent areas bordering the Mediterranean Basin depending on location. The popularisation of this periodization in English has generally been credited to historian Peter Brown, who proposed a period between 150-750 AD. The Oxford Centre for Late Antiquity defines it as "the period between approximately 250 and 750 AD". Precise boundaries for the period are a continuing matter of debate. In the West, its end was earlier, with the start of the Early Middle Ages typically placed in the 6th century, or even earlier on the edges of the Western Roman Empire.

<i>Cestus</i> (boxing) Ancient battle glove

A cestus or caestus is a battle glove that was sometimes used in Roman gladiatorial events. It was based on a Greek original, which employed straps called himantes and sphirae, hard leather strips that enclosed and protected the fist and lower arm. Some cestuses were fitted with studs or spikes to inflict potentially lethal injuries. Cestus fighters seem to have had no form of body armour, apart from the cestus itself. Contemporary depictions show the cestus worn in pairs.

<span class="mw-page-title-main">Byzantine law</span>

Byzantine law was essentially a continuation of Roman law with increased Orthodox Christian and Hellenistic influence. Most sources define Byzantine law as the Roman legal traditions starting after the reign of Justinian I in the 6th century and ending with the Fall of Constantinople in the 15th century. Although future Byzantine codes and constitutions derived largely from Justinian's Corpus Juris Civilis, their main objectives were idealistic and ceremonial rather than practical. Following Hellenistic and Near-Eastern political systems, legislations were tools to idealize and display the sacred role and responsibility of the emperor as the holy monarch chosen by God and the incarnation of law "nómos émpsychos", thus having philosophical and religious purposes that idealized perfect Byzantine kingship.

Gamaliel VI was the last nasi of the ancient Sanhedrin.

<span class="mw-page-title-main">Anthemius (praetorian prefect)</span>

Anthemius was a statesman of the Later Roman Empire. He is notable as a praetorian prefect of the East in the later reign of Arcadius and the first years of Theodosius II, during which time he led the government of the Eastern Roman Empire on behalf of the child emperor and supervised the construction of the first set of the Theodosian Walls.

The Codex Gregorianus is the title of a collection of constitutions of Roman emperors over a century and a half from the 130s to 290s AD. It is believed to have been produced around 291–294 but the exact date is unknown.

The Codex Hermogenianus is the title of a collection of constitutions of the Roman emperors of the first tetrarchy, mostly from the years 293–94. Most of the work is now lost. The work became a standard reference in late antiquity, until it was superseded by the Breviary of Alaric and the Codex Justinianeus.

Fred Heinrich Blume, or Fred H. Blume, as he referred to himself, was a German-born American attorney and judge. He served as a justice of the Wyoming Supreme Court for 42 years, from 1922 to 1963, and by himself translated from Latin into English the Codex Justinianus and the Novels, two parts of the Corpus Juris Civilis.

<span class="mw-page-title-main">Simon Corcoran</span>

Simon Corcoran is a British ancient historian and lecturer in ancient history within the School of History, Classics and Archaeology, Newcastle University.

The Edict of Thessalonica, issued on 27 February AD 380 by Theodosius I, made Nicene Christianity the state church of the Roman Empire. It condemned other Christian creeds such as Arianism as heresies of "foolish madmen," and authorized their punishment.

The Novellae Constitutiones, or Justinian's Novels, are now considered one of the four major units of Roman law initiated by Roman emperor Justinian I in the course of his long reign. The other three pieces are: the Codex Justinianus, the Digest, and the Institutes. Justinian's quaestor Tribonian was primarily responsible for compiling these last three. Together, the four parts are known as the Corpus Juris Civilis. Whereas the Code, Digest, and Institutes were designed by Justinian as coherent works, the Novels are diverse laws enacted after 534 that never were officially compiled during his reign.

<span class="mw-page-title-main">Persecution of pagans in the late Roman Empire</span> Late Roman Empire persecution of pagans

Persecution of pagans in the late Roman Empire began during the reign of Constantine the Great in the military colony of Aelia Capitolina (Jerusalem), when he destroyed a pagan temple for the purpose of constructing a Christian church. Rome had periodically confiscated church properties, and Constantine was vigorous in reclaiming them whenever these issues were brought to his attention. Christian historians alleged that Hadrian had constructed a temple to Venus on the site of the crucifixion of Jesus on Golgotha hill in order to suppress Christian veneration there. Constantine used that to justify the temple's destruction, saying he was simply reclaiming the property. Using the vocabulary of reclamation, Constantine acquired several more sites of Christian significance in the Holy Land.

The religious policies of Constantius II were a mixture of toleration for some pagan practices and repression for other pagan practices. He also sought to advance the Arian or Semi-Arianian heresy within Christianity. These policies may be contrasted with the religious policies of his father, Constantine the Great, whose Catholic orthodoxy was espoused in the Nicene Creed and who largely tolerated paganism in the Roman Empire. Constantius also sought to repress Judaeism.

Clyde Pharr was an American classics professor at Ohio Wesleyan University, Southwestern Presbyterian University, Vanderbilt University, and, finally, at the University of Texas at Austin.

<span class="mw-page-title-main">Code of Justinian</span> 529 codification of Roman law by Justinian I of Byzantium

The Code of Justinian is one part of the Corpus Juris Civilis, the codification of Roman law ordered early in the 6th century AD by Justinian I, who was Eastern Roman emperor in Constantinople. Two other units, the Digest and the Institutes, were created during his reign. The fourth part, the Novellae Constitutiones, was compiled unofficially after his death but is now also thought of as part of the Corpus Juris Civilis.

References

Notes

  1. For a description of how this project was carried out, see Jones Hall 2012 See also Kearley 2007, pp. 525, 536–545
  2. For a survey of the reviews, see Kearley 2018, pp. 162–164

Citations

Sources

Primary sources

Secondary sources