Presbyters Uniwersytet Warszawski
ID
ER 2291
The Emperors Arcadius, and Honorius issue two laws against the Eunomians and Montanists, their clerics in particular. The law issued on 4 March 398, included in the Theodosian Code (16.5.34) published in 438.
16.5.34
 
IDEM AA. EVTYCHIANO P(RAEFECTO) P(RAETORI)O.
Eunomianae superstitionis clerici seu montanistae consortio vel conversatione civitatum universarum adque urbium expellantur. Qui si forte in rure degentes aut populum congregare aut aliquos probabuntur inire conventus, perpetuo deportentur, procuratore possessionis ultima animadversione punito, domino possessione privando, in qua his consciis ac tacentibus infausti damnatique conventus probabuntur agitati. Si vero in qualibet post publicatam sollemniter iussionem urbe deprehensi aut aliquam celebrandae superstitionis gratia ingressi domum probabuntur, et ipsi ademptis bonis ultima animadversione plectantur et domus, in qua ea sorte, qua dictum est, ingressi nec statim a domino dominave domus expulsi ac proditi fuerint, fisco sine dilatione societur.
1. Codices sane eorum scelerum omnium doctrinam ac materiam continentes summa sagacitate mox quaeri ac prodi exerta auctoritate mandamus sub aspectibus iudicantum incendio mox cremandos. Ex quibus si qui forte aliquid qualibet occasione vel fraude occultasse nec prodidisse convincitur, sciat se velut noxiorum codicum et maleficii crimine conscriptorum retentatorem capite esse plectendum.
DAT. IIII NON. MART. CONST(ANTINO)P(OLI) HONORIO A. IIII ET EVTYCHIANO CONSS. (= 4 March 398)
  
(ed. Mommsen 1905: 866)
16.5.34
 
THE SAME AUGUSTI TO EUTYCHIANUS, PRAETORIAN PREFECT.
The clerics of the Eunomian and the Montanist superstitions shall be expelled from the association and intercourse of all municipalities and cities. If perchance they should dwell in the country and should be proved either to assemble the people or to participate in any assemblies, they shall suffer the supreme penalty, and the owner shall be deprived of the landholding, if with their knowledge and connivance these unholy and condemned meetings are proved to have been conducted on such landholding. If, indeed, after the formal publication of this order, these heretics should be apprehended in any city whatsoever or should be proved to have entered any house for the purpose of performing their superstitious rites, their goods shall be confiscated and they themselves shall suffer the supreme penalty. The house which they have entered in the aforesaid manner shall be attached to the fisc without delay, unless such heretics should be immediately ejected by the master or the mistress of the house and reported to the authorities.
1. We command that the books containing the doctrine and matter of all their crimes shall immediately be sought out and produced, with the greatest astuteness and with the exercise of due authority, and they shall be consumed with fire immediately under the supervision of the judges. If perchance any person should be convicted of having hidden any of these books under any pretext or fraud whatever and of having failed to deliver them, he shall know that he himself shall suffer capital punishment, as a retainer of noxious books and writings and as guilty of the crime of magic.
GIVEN ON THE FOURTH DAY BEFORE THE NONES OF MARCH AT CONSTANTINOPLE IN THE YEAR OF THE FOURTH CONSULSHIP OF HONORIUS AUGUSTUS AND THE CONSULSHIP OF EUTYCHIANUS (= 4 March 398)
 
(trans. Pharr 1952: 455-56)

Place of event:

Region
  • East
City
  • Constantinople

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) - Arian
    Religious grouping (other than Catholic/Nicene/Chalcedonian) - Montanist
      Described by a title - Clericus
        Ritual activity - Eucharist
          Public law - Secular
            Relation with - Woman
              Administration of justice - Secular
                Administration of justice - Exile
                  Administration of justice - Financial punishment
                    Education - Theological interest
                      Devotion - Reading the Bible and devotional literature
                        Pastoral activity - Teaching
                          Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER2291, http://presbytersproject.ihuw.pl/index.php?id=6&SourceID=2291