29 Repeal of the Exemption of the Jews from the Curial Liturgies (Arcadius with) Honorius
13 September (or 13 February) 398
This law, given by Honorius in his name and in the name of Arcadius on 13 September (or 13 February) 398 at Milan, was addressed to Theodorus, Praefectus Praetorio of Italy and Africa.
Its text has been preserved in two laws in Codex Theodosianus, one (CTh 12:1:158) dated to 13 September 398, relatively detailed and dealing specifically with the Jews, while the other (CTh 12:1:157) is dated to 13 February 398, does not refer specifically to the Jews, and presents a general paraphrase of the practical measure announced in CTh 12:1:158. Theodosius’ editors did not notice that both texts derive from the same law, gave them different dates, and arranged them, accordingly, with the rephrased text preceding the original text. Linguistic comparison of the two texts produces the same conclusion: CTh 12:1:158 served as source for CTh 12:1:157 and not the other way around. ‘Qui quolibet modo curiae iure debentur’ was shortened to ‘Qui quolibet curiae iure debentur’, while ‘ad conplenda suarum civitatum munia’ was shortened and edited to ‘ad inplenda munia’. Justinian’s editors (CJ 10:32:49) received the edited text (CTh 12:1:157).In this law Honorius repealed, for the western part of the Empire under his rule, the confirmation granted by Arcadius on 1 July 397 of the ancient exemption of the Jewish men of religion from curial liturgies (see above, No. 27). Arcadius’ law was promulgated in the name of Honorius, too, and the preamble indicates that it was effectively implemented in Honorius’ part of the Empire, certainly in Apulia and Calabria. The doubt expressed by Honorius about whether such a law was passed in the East should be seen as a rhetorical device intended to soften the very real censure implied by this law and directed at the Eastern Augustus, as well as to mitigate the obvious negation of the principle that both parts of the Empire share a common legal and political system which guaranteed its unity.
Our law annulled the exemption of the Jews from curial liturgies, and emphasized that they should fulfil this obligation with all the other decurions.Roth thinks that Honorius refused to recognize this exemption from the beginning, and that he made his position known again when petitioned on this matter by the leaders of the Jews during his visit to southern Italy in 398. Yet Roth does not produce any real proof in support of this interpretation. Furthermore, we have no proof that such a visit to southern Italy in 398 did in fact take place.1 This law, indeed, was promulgated at Milan.
size=2 color=black face="Times New Roman">Juster was of the opinion that this law did not repeal the law from 1 July 397 (see above, No. 27), but another law, non extant, for our law dealt with an exemption granted to all the Jews, while that law (from 1 July 397) granted it to holders of religious offices only.
Codex Theodosianus, 12:1:158, ed. Mommsen, pp. 700-701
IDEM AA.* THEODORO* P(RAEFECTO) P(RAETORI)O
Vaccillare per Apuliam Calabriamque plurimos ordines civitatum competimus, quia ludaicae superstitionis sunt* et quadam se lege, quae in Orientis partibus lata est, necessitate subeundorum munerum aesti- 5 mant defendendos. Itaque hac auctoritate decernimus, ut eadem, si qua est, lege cessante, quam constat meis partibus esse damnosam, omnes, qui quolibet modo curiae iure debentur, cuiuscumque superstitionis sint, ad conplenda suarum civitatum munia teneantur.
DAT. ID. SEPT. MEDdOLANO) HON(ORIO) A. IIII ET EUTYCHIANO CONSS?
THE SAME TWO AUGUSTI2 TO THEODORUS,3 PRAEFECTUS PRAETORIO
We learn that many city-curias totter throughout Apulia and Calabria, because they belong4 to the Jewish superstition and consider that they should be exempt from the necessity of undergoing liturgies on the strength of some law passed in the regions of the East.
We order in this authority, therefore, that that law, if it does exist, is to be abrogated, for it is evidently harmful to our regions, and that all who are obliged in any way to serve legally in the curia, no matter of whatever superstition they may be, shall be obliged to perform the liturgies of their cities.GIVEN ON THE IDES OF SEPTEMBER AT MILAN, IN THE CONSULATE OF HONORIUS AUGUSTUS FOR THE FOURTH TIME AND OF EUTYCHIANUS.5
Codex Theodosianus, 12:1:157, ed. Mommsen, p. 700
IDEM AA. THEODORO P(RAEFECTO) P(RAETORI)O
Omnes, qui quolibet curiae iure debentur, cuiuscumque superstitionis sint, ad implenda munia teneantur.
DAT. ID. FEB. MEDQOLANO) HON(ORIO) A. IIII ET EUTYCHIANO CONSS.*
THE SAME TWO AUGUSTI TO THEODORUS, PRAEFECTUS PRAETORIO
All, who are obliged in any legal way to serve in the curia, no matter of whatever superstition they may be, shall be obliged to perform the liturgies.
GIVEN ON THE IDES OF FEBRUARY AT MILAN, IN THE CONSULATE OF HONORIUS AUGUSTUS FOR THE FOURTH TIME AND OF EUTYCH1ANUS.6
Codex Justinianus, 10:32:49, ed. Krüger, p. 413
IDEM AA. THEODORO PP.
Omnes, qui quolibet curiae iure debentur, cuiuscumque superstitionis sint, ad implenda munia teneantur.
D.
ID. FEBR. MEDIOLANI HONORIO A. IIII ET EUTYCHIANO CONSS.NOTES
1. See O. Seeck, PW, 1:16, 1913, s.v., Cols. 2279-2280.
2. Augusti: Arcadius and Honorius.
style='font-size:8.5pt;font-style:normal'>3. Flavius Mallius Theodoras, a Christian, served in the Imperial Western administration from 376 until 399. His last well-documented office was that of Praefectus Praetorio of Illyricum, Italy and Africa in the years 397-399. It is possible that he served again as Praefectus Praetorio of Italy between 13 September 408 and 15 January 409 (see below, No. 38). Yet this term of office should perhaps be attributed to his son, also named Theodoras. See Haehling, pp. 306-307, 313314; PLRE, I, s.v.; E. Stein, Byzantion, IX (1934), p. 347; W. Ensslin, PW, 11:10, 1934, s.v., Cols. 1899-1900.
4. Belong: the text is probably corrupt. Mommsen corrects as follows: “because those who belong to the Jewish superstition consider that they should be exempt, etc.” Yet the legislator might be referring to Jewish decurions claiming exemption from liturgies while admitting their curial status and serving as members of the curias in their cities. In this case curias could be qualified as “belonging to the Jewish superstition,” if the number of their Jewish decurions was important enough. In any event, this law seems to exaggerate the role played by the Jewish population in the cities of Apulia and Calabria.
5. Given... Eutychianus: 13 September 398.
6. Given... Eutychianus: 13 February 398.
BIBLIOGRAPHY
Godefroy IV, pp. 521-522; Juster, I, p. 164 n. 1; II, p. 260 n. 2; Seeck, Regesten, p. 294; C. Roth, The History of the Jews of Italy, Philadelphia 1946, p. 36; Seaver, p. 57; J. Gaudemet, “Le partage Idgislatif dans la seconde moitid du IVe siöcle,” Studi de Francisci, II, Milan 1956, pp. 328-329; Archi, p. 109; Rei- chardt, p. 36.