53 Transfer of Crown Tax to the Treasury Theodosius II (with Valentinian III) 30 May 429
This law, given by Theodosius II in his name and in that of Valentinian III at Constantinople on 30 May 429, was addressed to Johannes, Comes of the Sacred Largesses.
Its text has been preserved in Codex Theodosianus (CTh 16:8:29), whence it was received, with few omissions, by Justinian’s editors (CJ 1:9:17).The legislator dealt with the problem of the Crown Tax, which the Jews used to pay every year to the patriarch and his household. The cessation of the patriarchate raised the question of the future of this tax. Our law decreed that the proceeds from the tax currently in possession of the communal leaders in Palestine, and in the other provinces, shall be entered in the treasury. These leaders were to continue collecting the tax and were to submit the funds to the treasury. They were personally responsible for the collection of the tax, but also under the supervision of the State’s fiscal departments. As they were held responsible for the entire sum previously raised, including the money collected in the West, the Comes was directed to ascertain the exact amount previously raised under this heading.
There is nothing in the law’s phrasing to indicate that the patriarchate was abolished by the Imperial authorities. Its cessation seems to have been caused by the absence of legitimate heirs in the patriarch’s house. The traditional communal authorities continued to function, however, both in Palestine and abroad, and the central role imposed on the synagogues in these fiscal matters highlights the close association, if not identification, that existed between the communal and the synagogal authorities. Their recruitment by the State administration in order to assure routine fiscal duties explains the interest of the State in the continued functioning of the Jewish authorities, even after the disappearance of the patriarchate.
CJ 1:9:17 did not refer to the patriarchate, but it manifested the same interest in appropriating the proceeds of the Crown Tax in
53 Transfer of Crown Tax
favour of the treasury.
It also reiterated the duty of the communal authority to assure the collection of this tax. Justinian’s editors omitted, however, the instructions bearing on the cessation of the patriarchate, which were by then irrelevant. The continued transfer of money from the diaspora to Palestine after the cessation of the patriarchate, and the regular movement of ‘apostoloi’, sent for this purpose abroad, are sufficiently documented. The presence of two ‘apostoloi’ in Venossa was mentioned, for example, on Faustina’s tombstone.1Codex Theodosianus, 16:8:29, ed. Mommsen, p. 895
IDEM AA.· IOHANNI· C(OMITI) S(ACRARUM) L(ARGITIONUM)· ludaeorum primates, qui in utriusque Palaestinae* synedriis* nominantur vel in aliis provinciis degunt, quaecumque post excessum patriarcharum pensionis nomine suscepere, cogantur exsolvere. In 5 futurum vero periculo eorundem anniversarius canon de synagogis omnibus palatinis* conpellentibus exigatur ad eam formam, quam patriarchae quondam coronarii auri nomine postulabant; quae tamen quanta sit, sollerti inquisitione discutias; et quod de occidentalibus partibus patriarchis conferri consueverat, nostris largitionibus inferatur.
10 DAT. Ill KAL. IUN. CONSTANTINOP(OLI) FLORENTIO ET DIONYSIO CONSS.·
THE SAME TWO AUGUSTI2 TO JOHANNES,3 COMES OF THE SACRED LARGESSES4
The Primates of the Jews, who are nominated in the Synhedriis5 of either of the provinces of Palestine6 or stay in other provinces, shall be forced to pay all that they had received as tax since the cessation of the patriarchs.
In the future, however, an annual payment shall be demanded from all synagogues, on the Primates’ responsibility and under the supervision of the Palatins,7 in the same way that the patriarchs used in the past to demand under the name of Crown Gold; examine in a skillful investigation its amount; and what was used to be transmitted from the Western regions to the patriarchs should be entered in our Largesses.GIVEN ON THE THIRD DAY BEFORE THE CALENDS OF JUNE AT CONSTANTINOPLE, IN THE CONSULATE OF FLORENTIUS AND DIONYSIUS.8
Codex Justinianus, 1:9:17, ed. Krüger, p. 62
IMPP. THEODOSIUS ET VALENTINIANUS AA. IOHANNI COMITI
SACRARUM LARGITIONUM
ludaeorum primates, qui in utriusque Palaestinae synedriis nominantur vel in aliis provinciis degunt, periculo suo anniversarium canonem de s synagogis omnibus palatinis compellentibus exigant ad eam formam, quam patriarchae quondam coronarii auri nomine postulabant: et hoc, quod de occidentalibus partibus patriarchis conferri consueverat, nostris largitionibus inferatur.
D. III K. IUN. CONSTANTINOPOLI FLORENTIO ET DIONYSIO CONSS.
THE TWO EMPERORS AND AUGUSTI THEODOSIUS AND VALENTINIAN TO JOHANNES, COMES OF THE SACRED LARGESSES
The Primates of the Jews, who are nominated in the Synhedriis of either of the provinces of Palestine or stay in other provinces, shall demand an annual payment from all synagogues, on their responsibility and under the supervision of the Palatins, in the same way that the patriarchs used in the past to demand under the name of Crown Gold; and that which used to be transmitted from the Western regions to the patriarchs should be entered in our Largesses.
GIVEN ON THE THIRD DAY BEFORE THE CALENDS OF JUNE AT CONSTANTINOPLE, IN THE CONSULATE OF FLORENTIUS AND DIONYSIUS.
NOTES
1. CIL, IX, No.
648.2. Augusti: Theodosius II and Valentinian III.
3. size=1>This law is the earliest record of Johannes* tenure of office as Comes of the Sacred Largesses. He held this office until the summer of 431. In the autumn of that year he was appointed Master of the Offices. See PLRE, II, s.v.; O. Seeck, PW, 1:18, 1916, s.v., Cols. 1746-1747.
4. The Comes of the Sacred Largesses administered the Treasury which evolved from the old ‘Fiscus’, hence of an essentially public character, unlike his counterpart in the court, the Comes of the Private Property, who administered the Emperor’s private property. The Sacred Largesses received revenues of various sorts, such as the taxes on senators, the salt monopoly, customs, and various fines. See O. Seeck, PW, 1:7, 1900. s.v. Comites, Cols. 671-677.
5. Synhedriis were the chief legal and political authorities of the Jews in Palestine.
6. This law indicates that two separate Synhedrii functioned in the two provinces of Palestine, namely ‘Palaestina Prima’ and ‘Palaestina Secunda’. The first province comprised the regions of Judea, Samaria, the coastal area, and the southern part of the Jordan valley, while the second comprised the regions of Galilee, the valley of Jezreel, the Gaulan, and the northern part of the Jordan valley. The legislator does not refer, in this connection, to the province of ‘Palaestina Tertia’, probably because it did not have an important Jewish population. This province, called also ‘Palaestina Salutaris’, comprised the south of the country.
On the limits of the three provinces of Palestine see M. Avi-Yonah, PW, Suppi. XIII, 1973, s.v. Palaestina, Col. 415.7. The ‘Palatini sacrarum largitionum’ were functionaries employed by the Comes of the Sacred Largesses, either in Court or on mission in the provinces. Their number in the Eastern administration was restricted to 224, with additional 610 ‘supernumerarii’. See CTh 6:30:15.
8. Given... Dionysius: 30 May 429.
BIBLIOGRAPHY
Godefroy, VI:1, pp. 268-270; Juster, I, pp. 390, 399-402; Seeck, Regesten, p. 357; Browe, p. 118; Seaver, p. 72; Demougeot, “Thöodose II,” p. 96; idem, “Honorius,” p. 287; Avi-Yonah, p. 228; Rabello, “Tribute,” pp. 227 n. 48, 228 n. 50, 261 n. 6; Reichardt, p. 39.