Presbyters Uniwersytet Warszawski
ID
ER 2147
The Emperors Arcadius and Honorius issue the law according to which a person from the guild of swine-collectors who took holy orders has to either assume his public service anyway or cede his property for the guild. The law issued on 15 January 408, included in the Theodosian Code published in 438.
XIIII.4.8
 
IDEM AA. HILARIO P(PRAEFECTO) V(RBI). Quicumque de suariorum corpore originariam functionem sub cuiuslibet desiderio auxilii vel honore declinasse noscuntur vel ad diversa se officia contulisse aut adnotationibus vel rescribtis nostrae serenitatis elicitis, ad munus pristinum revocentur, tam qui paterno quam qui materno genere inveniuntur obnoxii: oportet enim viribus vacuari, quae in dispendium publicum adumbratione extorta sint. Nullique penitus ad quemlibet honorem adque militiam aditus tribuatur et si qua deinceps de nostris altaribus per adnotationem vel rescribtum vel quolibet genere fuerint elicita vel emendicata, cassentur. 1. Eos etiam, qui ad clericatus se privilegia contulerunt, aut agnoscere oportet propriam functionem aut ei corpori quod declinant proprii patrimonii facere cessionem. 2. Ii vero, qui praedia obnoxia corpori vel ex empto vel ex donato vel ex quolibet titulo tenent, pro rata publicum munus agnoscant aut possessionibus cedant. 3. Circa reliqua etiam corpora, quae ad privilegia urbis Romae pertinere noscuntus, eadem praecepti nostri forma servetur. DAT. XVIII. KAL. FEB. ROMAE BASSO ET PHILIPPO CONSS.
 
(ed. Mommsen 1905: 782)
XIIII.4.8
 
The same Augusti to Hilarius, Prefect of the City.
If any member of the guild of swine collectors by a petition for assistance of any kind or by the attainment of high rank should be known to have evaded the compulsory public service to which he was born or to have betaken himself to service on various office staffs by means of annotations or rescripts elicited from Our Serenity, he shall be recalled to his original public service, whether he is found obligated through his paternal or his maternal ancestry. For if by pretense any privileges have arisen to the detriment of the people, such privileges must be deprived of their force. No admission at all to any high office whatsoever or to any imperial service shall be granted to any such person, but if any sych privileges henceforth should be elicited or impetrated from Our imperial altars through annotations or rescripts or in any manner whatsoever, they shall be annulled. 1. Also if any person has betaken himself to the privileges of the clergy, he must either assume his own compulsory obligation to the State, or he must cede his own patrimony to that guild which he deserts. 2. But if any person either by purchase or gift or by any other title whatever holds landed estates obligated to a guild, he must either assume his proportional part of the compulsory public service or cede such possessions. 3. The same general rule of Our regulation shall be observed with reference to all the other guilds which are recognized as sharing in the privileges of the City of Rome.
Given on the eighteenth day before the kalends of February at Rome in the year of the consulship of Bassus and Philippus. January 15, 408.
 
(trans. Pharr 1952: 411)

Discussion:

Suarii were the people on whose estates or lands the functio suaria was imposed, that is, the obligation to provide pork to the central administration with which it supplied the population of the city of Rome. The suarii formed a corporation and provided pigs as tax in kind. (see Herz 2006).
 
The emperors are explicitly named in XIIII.4.7.

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
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
 
Translation:
The Theodosian Code and Novels and the Sirmondian Constitutions, a translation with commentary, glossary, and bibliography by C. Pharr, Princeton 1952
Bibliography:
(all those entries with extenstive, recent bibliography)
 
Herz, P., "Suarii", in: Brill's New Pauly, eds. H. Cancik and H. Schneider, English edition by Ch.F. Salazar.
 

Categories:

Described by a title - Clericus
    Public law - Secular
      Economic status and activity - Indication of wealth
        Economic status and activity - Taxes and services
          Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER2147, http://presbytersproject.ihuw.pl/index.php?id=6&SourceID=2147