31 On the Curial Obligation of Decurions by Origin and of Jews
Arcadius (and Honorius) 28 or 30 December 399
This law, given on 28 or 30 December 399 by Arcadius in his name and in the name of Honorius, was addressed to Eutychianus, Praefectus Praetorio of the East.
Its text has been preserved in two fragments in Codex Theodosianus (CTh 12:1:164 and CTh 12:1:165). The fragment which dealt specifically with Jews was received into Codex Justinianus without significant changes. The law dealt with two matters:(A) Restoration of decurions received into the Imperial administration to their original curial status, through the intervention of the provincial governor’s court.
(B) Instruction to compel Jews obligated to curial service to fulfill their duty.
This law conformed to the general policy of strengthening the curias applied at that time by the imperial government, which consisted, among other measures, of rigorous restrictions on the openings still available to decurions by origin attempting to avoid curial service. A law promulgated by Arcadius only a few days before the promulgation of the present law, on 11 December 399 (CTh 12:1:163), dealt in this way with decurions who had entered ecclesiastical orders. Our law did not revoke Arcadius’ previous legislation on Jewish decurions (see above, No. 27), nor did it represent a shift to Honorius’ stand on this matter (see above, No, 29), for it did not change the legal situation in force. It insisted that those who were obligated to the curias should fulfill their duty, and recognized, by inference, the exemption of those who were not obligated. Arcadius confirmed in 404, in effect, the ancient privileges of the Jewish men of religion and office-holders (see below, No.
32).Codex Theodosianus, 12:1:164, ed. Mommsen, p. 702
IDEM AA.♦ EUTYCHIANO* P(RAEFECTO) P(RAETORI)O
Si quis umquam natus patre curiali vel initis muneribus curiae affectata militia a suis consortibus in iudicio rectoris provinciae lite pulsabitur, nullo fori praescribtionis obice, quae quidem habeat locum,*... licebit.
5 In aliis actionibus aput eundem provinciae moderatorem suis allegationibus utatur.
DAT. V KAL. IAN. THEODORO V.C. CONS.·
THE SAME TWO AUGUSTI1 TO EUTYCHIANUS,2 PRAEFECTUS PRAETORIO
If ever any man born to a curial father, or one who had already begun to perform curial liturgies, should illegally occupy a State office, he shall be charged by his colleagues in the court of the governor of the province, notwithstanding any objection concerning the court, which will indeed be valid... 3 will be allowed. In other actions he shall present his defense before that same governor of the province.
GIVEN ON THE FIFTH DAY BEFORE THE CALENDS OF JANUARY, IN THE CONSULATE OF THE MOST RENOWNED THEODORUS.4
Codex Theodosianus, 12:1:165, ed. Mommsen, p. 702
IDEM AA. EUTYCHIANO P(RAEFECTO) P(RAETORI)O
Quicumque ex ludaeis obnoxii curiae conprobantur, curiae mancipentur.
DAT.
Ill KAL. IAN. THEODORO V.C. CONS.·THE SAME TWO AUGUSTI TO EUTYCHIANUS, PRAEFECTUS PRAETORIO
All those Jews who are proven to be obligated to the curia shall be handed over to the curia.
GIVEN ON THE THIRD DAY BEFORE THE CALENDS OF JANUARY, IN THE CONSULATE OF THE MOST RENOWNED THEODORUS.5
Codex Justinianus, 1:9:10, ed. Krüger, p. 61
IDEM AA. EUTYCHIANO PP.
Quicumque ex ludaeis obnoxii curiae comprobantur, curiae mancipentur.
D. Ill K. IAN. THEODORO CONS.
NOTES
1. Augusti: Arcadius and Honorius.
2. Eutychianus: see above, No. 28, n. 10.
3. Valid: the passage is vitiated by an omission. The Vatican Scholiast interpreted this passage as a prohibition against the accused decurion raising an objection of ‘praescriptio fori’, i.e., denial of the provincial governor’s authority to judge on this matter. See Kaser, RZPR, p. 474 n. 19.
4. Given... Theodorus: 28 December 399. Mommsen doubted the traditional date, because Eutychianus was replaced by Aurelianus between 25 July and 27 August 399. However, Eutychianus seems to have regained his post as Praefectus Praetorio of the East after a short time, perhaps even before 11 December 399. See PLRE, I, s.v., pp. 129, 320-321. Concerning the dating of the year, see above, No. 30.
5. Given... Theodorus: 30 December 399.
BIBLIOGRAPHY
Godefroy, IV, p. 526; Juster, II, p. 260, notes 2-3; Seeck, Regesten, p. 301; Seaver, p. 67; J. Gaudemet, “Le partage kgislatif dans la seconde moitiˆ du IVe sifccle,” Studi de Francisci, II, Milan 1956, pp. 328-329; Jones, “Collegiate Prefectures,” p. 80; Archi, pp. 68 n. 38, 109.