23 Interdiction on Establishing Prices for Merchandise of Jews
Arcadius (with Honorius)
28 February 396
This law was given by Arcadius at Constantinople on 28 February 396, in his name and in the name of Honorius.
Codex Theodosianus preserved the text of its public promulgation, addressed “To the Jews” (CTh 16:8:10), and this text was later received into Codex Justinianus (CJ 1:9:9), the Basilica (Bas. 1:1:41) and the No mo canon (Nom. 12:2). It forbade the appointment of non-Jewish functionaries to control and supervise the prices of the Jews’ merchandise, reserving this duty to the Jews themselves. Such a situation is known not only from Palestine, where the patriarchs appointed functionaries of this type for the Jewish populated areas of the provinces of Palestine, but from Sardis of the first century b.c. as well. The application of this law in the diaspora, however, was obviously highly problematical, for the economic activities of the Jews abroad were closely integrated everywhere into the local economic system. It is to be concluded, therefore, that this law was originally destined to Palestine only, notwithstanding its general formulation, which was even further strengthened by Justinian’s codificators, who replaced the original ‘provinciae’—“of the province”—by ‘provinciarum’, “of the provinces.” Juster suggested that the law was destined for the Jews throughout the Empire, and that it applied to the “Jewish markets,” which served only Jews, for reasons of dietary laws, or for other religious reasons. The existence of Jewish permanent markets, although still unsupported by fourth century sources, is to be surmised from the earlier evidence.Codex Justinianus, 1:9:9, ed. Kruger, p. 61
IMPP.
ARCADIUS ET HONORIUS AA. AD IUDAEOSNemo exterus religionis ludaeorum ludaeis pretia statuet, cum venalia proponentur. lustum est enim sua cuique committere. Itaque rectores provinciarum vobis nullum discussorem aut moderatorem esse conce- 5 dent. Quod si quis sumere sibi curam praeter vos proceresque vestros audeat, eum velut aliena appetentem supplicio coercere festinent. D. III K. MART. CONSTANTINOPOLI ARCADIO IIII ET HONORIO III AA. CONSS.
THE TWO EMPERORS AND AUGUSTI ARCADIUS AND HONORIUS TO THE JEWS No outsider to the religion of the Jews shall establish prices for the Jews when merchandise is offered for sale: for it is just to assign to each man what is his own.1 Province-governors shall not allow, therefore, that a controller2 or a supervisor3 be appointed over you. But if someone4 shall dare to seize this office, except you and your leaders, then they shall hasten to repress him with the penalty imposed on a usurper of another’s property.
GIVEN ON THE THIRD DAY BEFORE THE CALENDS OF MARCH AT CONSTANTINOPLE, IN THE CONSULATE OF THE TWO AUGUSTI, ARCADIUS FOR THE FOURTH TIME AND HONORIUS FOR THE THIRD TIME.5
NOTES
1. See Cicero’s definition of ‘iustitia’ in De Finibus, 5:23:65, as well as that given in Institutiones, 1:1.
2. A controller was a state official appointed to control accounts of individuals and collectivities, frequently mentioned in fourth century sources.
3. A supervisor was a state official charged with establishing prices.
This precise meaning, however, was not too common in fourth century sources. The legislator probably referred to the Agoranomos, a functionary appointed by the patriarchs for the Jewish population of Palestine, whose duties included also supervision of market prices. See PT, Demai 2:1, 7:2.4. Someone: Mommsen emended the reading ‘qui’, as in Ms. V, to ‘quis’, as in Ms. E and in Codex Justinianus. Grupe, on the other hand, was of the opinion that ‘qui’ was the original reading, later corrected by Justinian’s codificators to ‘quis’. See E. Grupe, “Zur Latinitat Justinianus,” ZSSRG, RA, XV (1894), p. 336.
5. Given... time: 28 February 396. As this was a bisextil year, the third day before the calends of March fell on 28 February and not on the 27, as in an ordinary year.
BIBLIOGRAPHY
Godefroy, VI: 1, p. 248; Juster, I, p. 362; Seeck, Regesten, p. 289; Seaver, p. 65; C. Dupont, “La vente et les conditions socio-Sconomiques dans 1’empire remain de 312 & 535 aprds JSsus-Christ,” RIDA, Series 3, XIX (1972), p. 299; Avi- Yonah, p. 217; Honord, p. 235 n. 134; Vogler, pp. 41, 66.