33 On Jewish and Samaritan Executive Agents (Arcadius with) Honorius

22 April 404

This law, given at Rome by Honorius in his name and in the name of Arcadius on 22 April 404, was addressed to Romulianus, Prae­fectus Praetorio of Gaul.

Its context is not entirely clear. It stated that Jews and Samari­tans should be expelled from all State offices if they shall offend in connection with the privilege of the Executive Agents, but it is not a formal prohibition against Jews and Samaritans serving as Execu­tive Agents, even though this interpretation is offered by the Anti­qua Summaria, where we read “He decrees, that Samaritans and Jews shall not be Executive Agents.” One cannot assume, again, that our law repeated an earlier prohibition of this kind, or that it imposed a general prohibition against the service of Jews and Sa­maritans in State offices. An explicit prohibition against the em­ployment of Jews in the Imperial administration was promulgated in the West for the first time in 418 (see below, No. 45), but even that law permitted Jewish Executive Agents to terminate their statutory term of office. Our law probably dealt with a particular case of Jewish and Samaritan Executive Agents who exploited their privileges and powers in an abusive way, perhaps in regard to

33 Jewish and Samaritan Executive Agents

previous (and not extant) legislation on this matter. Colorni inter­prets this law as a prohibition on the service of Jews in the armed forces; yet the term “militia” is of a more general connotation, designating all State services, not only the armed service.

Codex Theodosianus. 16:8:16, ed. Mommsen, p. 890

IDEM AA.· ROMULIANO* P(RAEFECTO) P(RAETORI)O ludaeos et Samaritanos, qui sibi agentum in rebus* privilegio* blandiun­tur, omni militia privandos esse censemus.

DAT.

THE SAME TWO AUGUSTI¹ TO ROMULIANUS,² PRAEFECTUS PRAETORIO

We order that the Jews and the Samaritans, who delude themselves with the privilege³ of the Executive Agents,⁴ shall be deprived of any State office.

GIVEN ON THE TENTH DAY BEFORE THE CALENDS OF MAY AT ROME, IN THE CONSULATE OF HONORIUS AUGUSTUS FOR THE SIXTH TIME AND OF ARISTAENETUS.⁵

NOTES

1.      Augusti: Arcadius and Honorius. Theodosius H’s name is still missing from the inscription (see above, No. 32, n. 1).

2.      Romulianus: Praefectus Praetorio in the years 404-405, probably in Gaul. See Haehling, pp. 346-347; Jones, “Collegiate Prefectures,” p. 89; PLRE, II, s.v.; O. Seeck, PW, 11:1, 1914, s.v., Col. 1074.

3.      The privileges of the Executive Agents reflected their semi-military char­acter, on the one hand, and their bureaucratic standing, on the other (compare CTh 6:35:3). They were exempt from various taxes and duties, and were even freed from their curial status at the completion of a certain term of service. See O. Seeck, (below, n. 4), Cols. 777-778.

4.       Executive-Agents: this service, established in the early fourth century within the cadres of the Imperial administration, was organized on semi-military lines.

of various assignments, such as diplomatic missions, movements of military units, delicate policing duties, suppression of heresy, contact with prelates, and represent­ing the emperor in Church councils. See O. Hirschfeld, Kleine Schriften, Berlin 1913, “Die agentes in rebus,” pp. 625-645; W. Schuller, “Grenzen des spatrömische Staates—Staatpolizei und Korruption,” Zeitschrift für Papyrologie und Epigraphik, XVI (1975), pp. 3-8; O. Seeck, PW, 1:1, 1894, Cols. 776-779; W. G. Sinnigen, “Two Branches of the Late Roman Secret Service,” American Journal of Philology, LXXX (1959), pp. 238-254.

5.      Given... Aristaenetus: Aristaenetus’ name appears in subscriptions to laws published that year in the West, despite the fact that his nomination to the consulship in the East was not officially declared in the West.

BIBLIOGRAPHY

Godefroy, VI: 1, p. 254; Juster, II, p. 251; Seeck, Regesten, p. 306; Browe, p. 125; Μ. Simon, Verus Israel, Paris 1948, p. 157; Seaver, p. 58; Colorni, Gli Ebrei, p. 24; Vogler, pp. 57, 67.