15 Repeal of the Exemption of Jewish Men of Religion from Curial Liturgies and Restoration of State Officials of Curial Origin to the Curias
Gratian (with Valentinian II, Theodosius)
18 or 19 April 383
This law, given on 18 or 19 April 383 at Milan by Gratian,1 in his name and in those of Valentinian II and Theodosius, was addressed to Hypatius, Praefectus Praetorio of Italy.
Its text has been preserved in Codex Theodosianus in two fragments: CTh 12:1:100 and CTh 12:1:99. The second fragment, opening with the formula “after other matters,” was received into Codex Justinianus in an abridged and edited version. Juxtaposition in a reversed order of fragments deriving from the same law is not unknown in Codex Theodosianus. It resulted from the editors’ method of work; they divided complete laws into fragmentary texts, and then reorganized them in chapters according to subjects. Fragmentary texts taken from the same law were occasionally put together in one chapter by editors who were unaware of their common source.2 Our law represents yet another step in the losing battle the authorities waged to stop the progressive decay of the curial system. It comprised a repeal of the exemption enjoyed by Jewish “clerics,” and the restoration to the curias of those born to curial fathers who managed, nevertheless, to enter the State administration. The repeal of the “clerical” exemption was not total, however, for the allusion to the practice adopted in regard to Christian clerics suggests that Jewish “clerics” were treated in the same way, i.e., entry of curials to orders was conditional on their transferring property to others who were to replace them in the curias.This law provides evidence of the strong Christian sentiments that inspired Gratian during his stay in Milan, when he was strongly influenced by Ambrosius,3 yet it should not be interpreted as a characteristic anti-Jewish act, but as one more measure in a whole series intended to strengthen the curias.
Some of this effort is documented in the extensive legislation on this subject from the reign of Valentinian I and Valens until the end of 386 (CTh 12:1:59-115). The exemptions enjoyed by the Christian clerics formed one of its targets. Julian’s legislation on this subject was repealed by Valentinian I and Valens on 17 February 370 (CTh 16:2:18), who reinstated the legislation of Constantius II from 29 August 361 (CTh 12:1:49), which made the entry of curials into orders—with the exception of the episcopal order—conditional on the authorization of the curia and the “people.” In the absence of such an authorization the curials were obliged to transfer two- thirds of their property to a relative or to the curia itself, in order to ensure the continued execution of the liturgies. Curials were strictly forbidden to enter orders after their nomination to offices or functions. Similar legislation was passed by Valentinian I and Valens on 12 September 364 (CTh 12:1:59), and again in 370 or 373 concerning curials joining monks in the desert (CTh 12:1:63). The same principle inspired also a law from 7 November 383 (CTh 12:1:104). Jewish “clerics” could not obviously hope to retain their exemptions from curial liturgies against this trend, and the present law should be seen, accordingly, as an equalization of their status with that of the Christian clergy.4Codex Theodosianus, 12:1:100, ed. Mommsen, p. 687
IDEM AAA.· AD HYP ATIUM* P(RAEFECTUM) P(RAETORI)O
Omnes, qui ex origine curialium se diversis gradibus inseruere militiae, reddi propriis ordinibus oportebit, exceptis his, quibus legis vetustae,* quae certum numerum stipendiorum vel palatinae militiae viris statuit, s opitulatur auctoritas.*
DAT. XIII KAL. MAI. MED(IOLANO) MEROBAUDE II ET SATURNINO CONSS.·
THE SAME THREE AUGUSTI5 TO HYPATIUS,6 PRAEFECTUS PRAETORIO All those of curial origin who inserted themselves into the different grades of the State administration should be returned to their own curias, except those who are succoured by the authority of the ancient law,7 which established a certain number of service years to people serving in the armed service or in the palatine administration.8
GIVEN ON THE THIRTEENTH DAY BEFORE THE CALENDS OF MAY AT MILAN IN THE CONSULATE OF MEROBAUDES FOR THE SECOND TIME AND OF SATURNINUS.9
Codex Theodosianus, 12:1:99, ed.
Mommsen, p. 687IDEM AAA. AD HYPATIUM P(RAEFECTUM) P(RAETORI)O
Post alia: lussio, qua sibi ludaeae legis homines blandiuntur, per quam eis curialium munerum datur immunitas, rescindatur,* cum ne clericis* quidem liberum sit prius se divinis ministeriis mancipare, quam patriae* 5 debita universa* persolvant. Quisquis igitur vere deo dicatus est, alium instructum facultatibus suis ad munera pro se complenda constituat DAT. XIIII KAL. MAL MEDIOL(ANO) MEROBAUDE II ET SATURNINO CONSS.*
THE SAME THREE AUGUSTI TO HYPATIUS, PREFECTUS PRAETORIO
After other matters: The order10 with which the men of Jewish law delude themselves, and in virtue of which they are given immunity from curial liturgies, shall be rescinded, for not even clerics11 are free to subject themselves to the divine ministry before they pay in full all their dues12 to their motherland.13 Therefore, anyone who is genuinely consecrated to God should provide another man with his property and establish him to perform the liturgies in his place.
GIVEN ON THE FOURTEENTH DAY BEFORE THE CALENDS OF MAY AT MILAN IN THE CONSULATE OF MEROBAUDES FOR THE SECOND TIME AND OF SATURNINUS.14
Codex Justinianus, 1:9:5, ed. Kruger, p. 61
IMPPP. GRATIANUS VALENTINIANUS ET THEODOSIUS AAA. HYPATIO PP. lussio, qua sibi ludaeae legis homines blandiuntur, per quam eis curialium munerum dabatur immunitas, rescindatur.
D. ղϲ K. MAI. MEDIOLANI MEROBAUDE II ET SATURNINO CONSS.
THE THREE EMPERORS AND AUGUSTI GRATIAN VALENTINIAN AND THEODO
SIUS AUGUSTI TO HYPATIUS, PRAEFECTUS PRAETORIO
The order with which the men of Jewish law delude themselves, and in virtue of which they are given immunity from the curial liturgies, shall be rescinded.
GIVEN ON THE FOURTEENTH DAY BEFORE THE CALENDS OF MAY AT MILAN IN THE CONSULATE OF MEROBAUDES FOR THE SECOND TIME AND OF SATURNINUS.
NOTES
1. According to Godefroy, Juster, and Ferrari dalle Spade this law was given by Valentinian II.
2. See P.
Krüger, “Beiträge zum Codex Theodosianus, 11:5: Die Ergänzung des Theodosianus aus dem Justinianus,” ZSSRG, RA, XXXVIII (1917), p. 27.3. Compare a similar repeal of exemptions to pagan priests in 382.
4. A detailed survey, though by no means exhaustive, is in G. Ferrari dalle Spade, “Immunità ecclesiatiche nel diritto imperiale,” Scritti giuridici, III, Milan 1956, pp. 125-242.
5. Three... Augusti: Gratian, Valentinian II, and Theodosius.
6. Flavius Hypatius, a relative of the Empress Eusebia, held various government offices. He served as Praefectus Praetorio of Italy from 13 April (according to Seeck), or from 9 December (according to Ensslin) 382 until 28 May 383. At that time the office was entrusted simultaneously to two prefects, and its jurisdiction included also Africa and Illyricum. See W. Ensslin, PW, 1:44, 1954, s.v. Praefectus Praetorio, Col. 2499; Haehling, pp. 299-300; J. R. Palanque, “La préfecture du prétoire d’Hlyricum au IVe siècle,” Byzantion, XXI (1951), p. 14 n. 2; O. Seeck, PW, 1:17, 1914, s.v. Hypatius, Col. 249.
7. A reference to a law of Valentinian I and Valens from 368, or 370, or 373 (CTh 7:1:6), which granted exemption from the decurionate to veterans after 15 years of service in the army and to civil administrators after 25 years of service.
8. Administration: this translation follows an emendation suggested by Seeck, ‘armatae vel palatinae militiae’ instead of ‘vel palatinae militiae’, in accord with CTh 7:1:6.
The manuscripts’ version is manifestly corrupt.9. Given... Saturninus: 19 April 383. On that day Gratian was still at Milan, whence he departed after 2 May. See O. Seeck, PW, 1:14, 1912, s.v. lang=EN-US style='font-size:8.5pt'>Gratianus, Col. 1839.
10. Order: probably Constantine’s law from 29 November-1 December 330, which granted this exemption to the Jewish “clergy” (see above, No. 9). Archi, on the other hand, follows Godefroy in identifying it with Constantine’s law from 11 December 321 (see above, No. 7).
11. See the definition of the term ‘clerici’ in a law passed by Constantine in 21 October 319: ‘Qui divino cultui ministeria religionis inpendunt, id est hi, qui clerici appelantur’, “those who perform the ministry of religion in the divine cult, namely those who are called clerics” (CTh 16:2:2).
12. “Dues” was a common term in this context. See, for instance, the laws from 28 May 365 (CTh 12:1:65) and 6 August 382 (CTh 12:1:91).
13. Motherland: legislation dealing with decurions employs the term ‘patria’ to designate the “mother-city,” the city in which the decurion is bound to perform the ‘munera curialia’. Compare the phrasing of a law from 23 February 372: ‘Nemo originis suae oblitus et patriae, cui domicilii iure devinctus est, ad gubernacula provinciae nitatur ascendere’. “Let no one forget his origin and his motherland, to which he is bound by right of his dwelling-place, and aspire to ascend to the government of the province” (CTh 12:1:77). See also the laws from 17 March 380 (CTh 12:1:82), 31 January 383 (CTh 12:1:94), and 6 April 383 (CTh 12:1:98).
14. Given... Saturninus: 18 April 383.
BIBLIOGRAPHY
Godefroy, IV, pp. 472-473; Juster, II, p. 259; Seeck, Regesten, p. 262; Ferrari dalle Spade, “Privilegi,” pp. 113-114; Seaver, p. 46; Noethlichs, pp. 116117; Avi-Yonah, p. 216; Archi, p. 109; Reichardt, p. 30; Vogler, p. 43.