Presbyters Uniwersytet Warszawski
ID
ER 2217
The Emperors Valentinian, Theodosius, and Arcadius issue a law concerning deaconesses. Among other things, the law forbids deaconesses from bequeathing their property to churches and clerics. The law issued on 21 June 390, included in the Theodosian Code published in 438 and repeated in in the Justinian Code, promulgated in 529 and then again 534.
XVI.2.27 = cf. CJ I.3.9
 
IMPPP. VALENTINIANUS, THEODOSIUS ET ARCADIUS AAA. TATIANO PRAEFECTO PRAETORIO. Nulla nisi emensis sexaginta annis, cui votiva domi proles sit, secundum praeceptum apostoli ad diaconissarum consortium transferatur. Tum filiis suis, curatore, si id aetas poscit, petito, bona sua idoneis sedula religione gerenda committat, ipsa tantum praediorum suorum reditus consequatur, de quibus servandi abalienandi donandi distrahendi relinquendi vel quoad superest vel cum in fata concedit et libera ei voluntas est, integra sit potestas. Nihil de monilibus et superlectili, nihil de auro argento ceterisque clarae domus insignibus sub religionis defensione consumat, sed universa integra in liberos proximosve vel in quoscumque alios arbitrii sui existimatione transcribat ac si quando diem obierit, nullam ecclesiam, nullum clericum, nullum pauperem scribat heredes. Careat namque necesse est viribus, si quid contra vetitum circa personas specialiter comprehensas fuerit a moriente confectum. Immo si quid ab his morienti fuerit extortum, nec tacito fideicommisso aliquid clericis in fraudem venerabilis sanctionis callida arte aut probrosa cuiuspiam coniventia deferatur; extorres sint ab omnibus quibus inhiaverant bonis. Et si quid forte per epistulam codicillum donationem testamentum, quolibet denique detegitur genere conscriptum erga eos, quos hac sanctione submovimus, id nec in iudicium devocetur, sed vel ex intestato is, qui sibi competere intellegit, statuti huius definitione succedat, si quis se agnoscit filium, si quis probat propinquum, si quis denique vel casu vel iudicio, pro solido pro portione, heres legatarius fideicommissarius apertis deprehenditur codicillis, fruatur fortunae munere, conscientiae suae fructu et submotis his adque deiectis in hereditariis corporibus potestate utatur heredis.
1. Feminae, quae crinem suum contra divinas humanasque leges instinctu persuasae professionis absciderint, ab ecclesiae foribus arceantur. Non illis fas sit sacrata adire mysteria neque ullis supplicationibus mereantur veneranda omnibus altaria frequentare; adeo quidem, ut episcopus, tonso capite feminam si introire permiserit, deiectus loco etiam ipse cum huiusmodi contuberniis arceatur, ac non modo si fieri suaserit, verum etiam si hoc ab aliquibus exigi, factum denique esse quacumque ratione compererit, nihil sibi intellegat opitulari. Hoc absque dubio emendandis pro lege erit, emendatis pro consuetudine, ut illi habeant testimonium, isti incipiant timere iudicium. DAT. XI KAL. IUL. MEDIOLANO VALENTINIANO A. IIII ET NEOTERIO V. C. CONSS.
 
(ed. Mommsen 1905: 843-844)
XVI.2.27 = cf. CJ I.3.9
 
EMPERORS VALENTINIAN, THEODOSIUS, AND ARCADIUS AUGUSTI TO TATIANUS, PRAETORIAN PREFECT. According to the precept of the Apostle, no woman shall be transferred to the society of deaconesses unless she is sixty years of age and has the desired offspring at home. Then, after she has sought a curator for her children if their age should so require, she shall entrust her goods to suitable persons, to be managed diligently and conscientiously. She herself shall receive only the income from her landed estates, which she shall have full power to keep, to alienate, to give, to sell, or to bequeath, as long as she lives or when she is departing to her fate, and her will is unrestricted. She shall expend none of her jewels and ornaments, none of her gold and silver and other embellishments of a sumptuous home, under the pretext of religion. Rather, she shall transfer in writing all her property intact to her children or next of kin or to any other persons whatsoever, according to the judgement of her own free will. However, when she dies, she shall designate as heirs no church, no cleric, or no pauper. For her will shall necessarily lack all force if it should be composed by the decedent contrary to the prohibition concerning the persons specifically mentioned above. Furthermore, if anything should be extorted from the decedent by the aforesaid persons, nothing shall be bestowed on clerics, to the fraud of Our venerable sanction, by secret trust, through cunning artifice or the disgraceful connivance of any person. Rather, they shall be deprived of all the goods which they had coveted. Moreover, if anything is revealed to have been transferred in writing through a letter, codicil, gift, or testament, or finally, in any way whatsoever, to those persons whom We have excluded by this sanction, such deed of transfer shall not be cited in court. On the contrary, according to the limitation prescribed by this statute, that person shall succeed as heir through intestacy who understands that he is entitled to the goods, provided that he acknowledges that he is a child or proves that he is a near kinsman; or finally, if either by chance or by will he is found to be an heir, a legatee, or a beneficiary of a trust for all or for a portion of the goods, by an open codicil; he shall enjoy the gift of his fortune, the reward of his knowledge, and, after the above-mentioned persons have been disqualified and rejected, he shall assume the authority of an heir over the hereditary substance.
1. Women who cut off their hair, contrary to divine and human laws, at the instigation and persuasion of some professed belief, shall be kept away from the doors of the churches. It shall be unlawful for them to approach the consecrated mysteries, nor shall they be granted, through any supplications, the privilege of frequenting the altars which must be venerated by all. Moreover, if a bishop should permit a woman with shorn head to enter a church, even the bishop himself shall be expelled from his position and kept away, along with such comrades. Not only if he should recommend that this be done, but even if he should learn that it is being accomplished by any persons, or finally, that it has been done in any way whatsoever, he shall understand that nothing will exonerate him. This shall indisputably serve as a law for those who deserve correction and as a customary practice for those who have already received correction, so that the latter may have a witness, and the former may begin to fear judgement. GIVEN ON THE ELEVENTH DAY BEFORE THE KALENDS OF JULY AT MILAN IN THE YEAR OF THE FOURTH CONSULSHIP OF VALENTINIAN AUGUSTUS AND THE CONSULSHIP OF THE MOST NOBLE NEOTERIUS [=21 June 390].
 
(trans. Pharr 1952: 444-445; lightly adapted)

Discussion:

For the commentary see Delmaire 2005: 170-175.

Place of event:

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

About the source:

Title: Codex Theodosianus, Code of Theodosius, Theodosian Code, Code of Justinian, Justinianic Code, Codex Iustinianus
Origin: Constantinople (East), Milan (Italy north of Rome with Corsica and Sardinia)
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
 
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)
 
G. Savagnone, "Le origini del sinodo diocesano, e l'interpretatio alla c. 23, C. Th. XVI, 2", Studi in onore di Biagio Brugi, Palermo 1910

Categories:

Described by a title - Clericus
    Private law - Secular
      Economic status and activity - Inheritance
        Relation with - Father/Mother
          Relation with - Other relative
            Relation with - Woman
              Female ministry
                Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER2217, http://presbytersproject.ihuw.pl/index.php?id=6&SourceID=2217