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10



Subjects (abstracts): The Theodosian Code; Heretics; Decline and Fall of the Roman Empire; The Ecclesiastical Edicts of the Theodosian Code; Roman and Christian Imperialism; Julian; etc.

from: THE THEODOSIAN CODE AND NOVELS AND THE SIRMONDIAN CONSTITUTIONS, a Translation With Commentary, Glossary, and Bibliography by Clyde Pharr, In Collaboration With Theresa Sherrer Davidson and Mary Brown Pharr, With An Introduction by C. Dickerman Williams, Princeton University Press, 1952.

[found 3/18/96] [a "Must See" Book!].

[from: the Introduction]


'There was no incentive to rotate crops, to fertilize the soil, to improve the land for the future."12 Throughout the Mediterranean basin agriculture had been operated to supply the distant mistress of the world. The rewards of the consumer had been too attractive; those for the producer, not enough. Lands, especially in Italy, had gone out of cultivation. Areas in Africa from which Rome had drawn grain and meat for centuries were becoming desert. Spain and other countries had been deforested to provide fuel for the public baths of Rome. "The decline of the Roman Empire is a story of deforestation, soil exhaustion and erosion....From Spain to Palestine there are no forests left in the Mediterranean littoral, the region is pronouncedly arid instead of having the mild, humid character of forest-clad land, and most of its former bounteously rich topsoil is lying at the bottom of the sea."13

Today it is fashionable in some quarters to scoff at occasional warnings of the exhaustion of natural resources. Such levity would have found no echo at the courts of the later Emperors.

Theodosius II [401 - 450 (Emperor 408 - 450)] plaintively asked: "Why has the springtime resigned its wonted charm, why does the summer with its scanty harvests mock the hopes of the toiling husbandman, why have the rigours of winter condemned the fruitful soil to barrenness?" Theodosius II did not, however, give soil exhaustion resulting from the inordinate requirements of the gigantic officialdom and the urban masses as the answer to these rhetorical questions. An ardent churchman, he concluded that it was the vengeance of nature for the continued impiety of the pagans, and urged greater devotion to Christianity.14' [xix-xx].

[footnote] [13Vanishing Lands, Jacks; Whyte, 1972 (1939), 8] [xx].

[footnote] '14NTh 3, I, 8. But the pagans blamed the official support given to Christianity for the poor performance of the soil. The pagan statue (an idol in the eyes of the Christians!) and altar of Victory had been removed by the Emperor Gratian from the Senate House to propitiate the Christians. A delegation of pagan Senators urged his successor Theodosius I [c. 346 - 395] to restore them to the Senate House. Symmachus [c. 340 - c. 402], spokesman of the pagans, said among other things: "Years of famine have been the punishment of sacrilege." Dill, op. cit. p. 26 [31].' [xx].

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[footnote] "1The Theodosian Code and Novels form the richest single source and the only official collection of contemporary information for the political, social, and economic conditions of the later Roman Empire...." [xxv].

[from: the Glossary]


'TWELVE TABLES, LAWS OF THE, issued in 451–449 B.C., the earliest collection and crude codification of Roman law, though it lacks many of the elements of a systematic code, since many branches of private law seem to be wanting in it. It is called by the Roman historian Livy "the fountain of all public and private law." The later Romans greatly reverenced the Twelve Tables, on which they founded much of their formal education and which the Roman schoolboys learned by heart. It had an enormous influence on later Roman legal development and it is always mentioned with the most profound respect by the later Roman jurists and legislators. The text of the Twelve Tables has been lost and fragments of it exist only in quotations of later authors, such as Cicero, Festus, Gellius, and the Roman jurists.' [598].

"THEODOSIAN CODE (Codex Theodosianus), the first official codification of Roman law after the Twelve Tables [451 - 449 B.C.] (q.v.). It was compiled by a group of jurists and politicians, mostly Greeks, who were appointed by Theodosius II [Emperor 408 - 450], was issued in 438, and went into effect on January 1, 439. It contains the imperial legislation from the time of Constantine in 312 to the time of its completion in 437. It was supplemented by the Gregorian and Hermogenian Codes (qq.vv.) for the legislation of the earlier period....There is no complete manuscript of the Theodosian Code and much of the material has been lost, especially of the first five books, of which about one third remains." [597].

[Note: the index does not list "Jesus", "Paul". "Peter, the Apostle", is listed twice; both references are herein (228, 232) reproduced.].

[Excursus: "THEODOSIAN CODE, The. In 435, abandoning a more ambitious project, *Theodosius II instructed a commission to codify, with any necessary adaptations to new circumstances, all general constitutions enacted since *Constantine I....The laws are arranged chronologically under topical tituli in 16 books. Book XVI, which deals with religious affairs, contains the laws that banned paganism and penalized heresy, as well as those regulating the position of the clergy and determining the relation between Church and state." (Oxford Dict. C.C., 1974, 1361)].

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[from: the laws]

"BOOK VII TITLE 1: MILITARY AFFAIRS1 (DE RE MILITARI)" [155].

[VII, 1, 13] "13.50 The same Augustuses to Richomer, Count and Master of Both Branches of the Military Service.

By Our farseeing authority We decree that when all the multitude of legions halt upon the verdant banks of the rivers,51 no person at all shall pollute the common drinking cup52 by defiling the flowing streams with foul filth, nor while hurriedly washing off the sweat of the horses shall anyone offend the public gaze by appearing nude, and thus both mix the drinking water with muddy filth and shock the public gaze. But he shall wander far from the sight of everybody to the lower parts of the river, that is, below the tents, and he shall superintend the swimming of the animals as far as he pleases. Therefore, Your Sublime Magnificence, by your eager care and by the precept of your admonition, shall cause this matter to be so observed that each and every tribune shall understand that he will be subjected to severe punishment if in the sphere of his command53 it should be proved that these orders, which he knows, have been neglected.

Given on the sixth day before the kalends of June at Vincentia in the year of the consulship of Tatianus and Symmachus.May 27, 391." [157].

[XVI, 1, 2] "2.4 Emperors Gratian, Valentinian, and Theodosius Augustuses: An Edict to the People of the City of Constantinople.

It is Our will that all the peoples who are ruled by the administration of Our Clemency SHALL PRACTICE THAT RELIGION WHICH THE DIVINE PETER THE APOSTLE TRANSMITTED TO THE ROMANS, as THE RELIGION WHICH HE INTRODUCED makes clear even unto this day. It is evident that this is the religion that is followed by the Pontiff Damasus and by Peter, Bishop of Alexandria, a man of apostolic sanctity; that is, according to the apostolic discipline and the evangelic doctrine, we shall believe in the single Deity of the Father, the Son, and the Holy Spirit, under the concept of equal majesty and of the Holy Trinity.

I. We command that those persons who follow this rule5 shall embrace the name of Catholic Christians. The rest, however, whom We adjudge demented and insane, shall sustain the infamy of heretical dogmas, their meeting places shall not receive the name of churches, and they shall be smitten first by divine vengeance and secondly by the retribution of Our own initiative,6 which We shall assume in accordance with the divine judgment. [see TFE #23, 55 (coincidence)]

Given on the third day before the kalends of March at Thessalonica in the year of the fifth consulship of Gratian Augustus and the first consulship of Theodosius Augustus.February 28, 380. " [440].

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[XVI, 5, 54] "54. The same Augustuses to Julianus, Proconsul of Africa.

We decree that the Donatists and the heretics, who until now have been spared by the patience of Our Clemency, shall be severely punished by legal authority, so that by this Our manifest order, they shall recognize that they are intestable and have no power of entering into contracts of any kind, but they shall be branded with perpetual infamy and separated from honorable gatherings and from public assemblies.

I. Those places in which the dire superstition has been preserved until now shall surely be joined to the venerable Catholic Church, and thus their bishops15 and priests,16 that is, all their prelates53 and ministers shall likewise be despoiled of all their property and shall be sent into exile to separate islands121 and provinces....

Given on the fifteenth day before the kalends of July at Ravenna in the year of the consulship of Constantius and Constans.June 17, 414. " [460].

"TITLE 9: NO JEW SHALL HAVE A CHRISTIAN SLAVE1 (NE CHRISTIANUM MANCIPIUM JUDAEUS HABEAT)

[XVI, 9, 1] I.2 Emperor Constantine Augustus to Felix, Praetorian Prefect.

If any Jew should purchase and circumcise a Christian slave or a slave of any other sect whatever, he shall not retain in slavery such circumcised person. But the person who endured such treatment shall obtain the privilege of freedom. (Etc.)

Given on the twelfth day before the kalends of November at Constantinople.October 21, (335). Posted on the eighth day before the ides of May at Carthage in the year of the consulship of Nepotianus and Facundus.May 8, 336.3

Interpretation: If any Jew should purchase and circumcise a Christian slave or a slave of any other sect whatever, such slave shall be taken from the power of the Jew and remain free. " [471].

[XVI, 9, 5] "5. The same Augustuses to Asclepiodotus, Praetorian Prefect.

(After other matters.) No Jew shall dare to purchase Christian slaves. For We consider it abominable that very religious slaves should be defiled by the ownership of very impious purchasers. If any person should commit this offense, he shall be subject to the statutory punishment without any delay. (Etc.)

Given on the fifth day before the ides of April at Constantinople in the year of the consulship of Asclepiodotus and Marinianus.April 9, 423. " [472].

Excursus: from: The Ancient World at Work, Claude Mossé, Translated from the French by Janet Lloyd, Chatto & Windus, 1969 (French 1966).

[thanks to: A·B·C Et Cetera, The Life & Times of the Roman Alphabet, 1987 (1985), 43. See: 123 (law), 169 (Saint Peter), 171 (Pope), etc.].

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"Late imperial Rome was a vast consumer, supplied at the expense of the provinces, a parasitical society with special labour problems arising from the need to support an idle and disorderly population which pretended to a large influence in the affairs of the Empire, which, for all its adherence to Christianity, was unenthusiastic about the ideal of work as preached by the Church. So deeply rooted in men's minds was the idea that work is unworthy of a free man. " [24].

"Christianity, at least in its early years, did not provide a reappraisal of work any more than it helped to discourage the use of slaves. The Fathers of the Church did not think differently from the contemporaries of Plato and Aristotle, and for them too work was still a curse. When ancient civilisation drew to a close, the position of the working man, far from improving, was, on the contrary, tending to deteriorate. " [113].

[Sirm. 6] "....Because, of course, it is unseemly that religious people should be depraved by any superstitions, We command that the Manichaeans and all other heretics, whether schismatics or astrologers, and every sect that is inimical to the Catholics shall be banished from the very sight of the various cities, in order that such cities may not be defiled by the contagion even of the presence of such criminals. To Jews also and to pagans We deny the right to plead cases and to be members of the imperial service. It is Our will that persons of the Christian faith shall not be slaves of such persons, lest by the occasion offered by ownership they should change the sect of the venerable religion. Therefore We order all persons of such ill-omened false doctrine to be banished, unless swift reform should come to their aid.

Given on the seventh day before the ides of July at Aquileia in the year of the eleventh consulship of Our Lord Theodosius Augustus and the consulship of Valentinian.July 9 (August 6), 425.4" [480].

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[Sirm. 15] "TITLE 15: THOSE PERSONS WHO CANNOT PROVE CRIMINAL CHARGES WHICH THEY HAVE LODGED AGAINST THE CLERGY SHALL UNDERGO THE BRAND OF INFAMY1 (EOS INFAMIAE NOTAM SUBIRE QUI OBJECTA CLERICIS CRIMINA PROBARE NON POSSUNT)

Emperors Honorius and Theodosius Augustuses to the Illustrious Melitius, Praetorian Prefect....

Wherefore, by an eternal law that shall be pleasing to all men, We sanction that if a bishop, a priest, a deacon, or any person of inferior rank who is a minister of the Christian faith should be accused by any person whatever before the bishops, since he must not be accused elsewhere, whether the accuser should be of lofty honor or of any other dignity, who may undertake such a deplorable type of suit, namely, that a man who is polluted with any sins or crimes, by falsification should bring information against persons who have been approved by their service, who hold a place in the priesthood, and who serve the divine mysteries, such accuser shall know that he must allege only what may be demonstrated by proofs and supported by documents. If there is any fault in a minister of religion, he must be removed because of the pollution of his life, and he cannot participate in the sacred mysteries. But if the accuser is of such madness that he appears to have assailed the character of such men by the criminal charges which he has devised and which are not supported by any proofs....

Given on the third day before the ides of December at Ravenna in the year of the ninth consulship of Honorius Augustus and the fifth consulship of Theodosius Augustus.December 11, 412; 411. " [485].

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[NVal 17·1] "TITLE 17: THE ORDINATION OF BISHOPS1 (DE EPISCOPORUM ORDINATIONE)

I. Our Lords the Emperors Theodosius and Valentinian Augustuses to the Illustrious Aetius, Count and Master of both Branches of the Military Service and Patrician.

It is certain that the only protection for Us and for Our Empire is in the favor of the SUPERNAL DIVINITY, and that for obtaining this favor, the CHRISTIAN FAITH AND VENERABLE RELIGION especially support us. THEREFORE, SINCE THE PRIMACY OF THE APOSTOLIC SEE HAS BEEN CONFIRMED BY THE MERIT OF SAINT PETER, who is the first of the episcopal crown,2 ["2corona, crown, dignity, rank. Cf. coronati, CTh 16, 2, 38. "] BY THE DIGNITY OF THE CITY OF ROME and also BY THE AUTHORITY OF A SACRED SYNOD,3 ["3Of Nicaea, in 325, Canon 6; and of Constantinople, in 381, Canon 3. "] no illicit presumption may strive to attempt anything contrary to the authority of that See [dazzling! daunting! dupery!]; for the peace of the churches will finally be preserved everywhere only if the Church universal4 ["4universitas, the entire group, the whole world, the whole Church. "] acknowledges its ruler. Although these regulations had been inviolably observed until the present time, Hilary of Arles, as We learn from the trustworthy report5 of the venerable Leo, Pope of Rome, has attempted, with contumacious audacity, to presume certain illicit acts, and therefore an abominable tumult has invaded the transalpine churches; a recent example especially testifies to this fact....

Given on the eighth day before the ides of July at Rome in the year of the sixth consulship of Valentinian Augustus and the consulship of the Most Noble Nomus.July 8, 445." [530, 531].

[from: the Glossary]

"EASTER (Hebr. Pascha, Paschalis sollemnitas), the Jewish Passover or Paschal feast, which became the Christian Easter in commemoration of the resurrection of Christ. " [580].

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[Excursus: "Easter..., the Christian festival observed on the first Sunday after the full moon on or following the vernal equinox (c. March 21)....The Council of Nicaea (A.D. 325) decided that Easter should be observed on a Sunday, and fixed the method of determining its date in any year. " (Harper's Bible Dict., 1973, 147)].

[Excursus: "25 December Birthday of the Sun (solstice)

Birthday of the Anointed"

(Roman Religion and Roman Empire Five Essays, Robert E.A. Palmer, U. Pennsylvania, 1974, 167) [See: Sylvester I, St., Bp. of Rome 314-335 ("baptized Constantine"; 'reputed recipient of the "Donation of Constantine"'; etc. [Ox. D.C.C.]) (165-166); St. Peter (165-166); etc.].].

"HERESY (Gr. haeresis), the formal denial by a baptized [baptized specifies "formal" heresy (too exclusive for this paragraph). "Material" heresy should be included (see: Oxford Dict. C.C., 1974, 639)] person of the religious doctrines that were officially authorized. In the interest of national unity [?], the Emperors strove to maintain unity within the Church. Hence heresy was considered not only a sin against God but a crime against the State and was severely punished as such. See heretic. " [582].

"HERETIC (Gr. haereticus). See heresy. The numerous heretical and schismatic sects of the period of the late Empire frequently represented a rebellion against the State [politics of theology (see #7, 180)] and against the authoritarian control of the State-supported Church rather than profound doctrinal convictions and differences. The following heretical sects are mentioned in CTh:" [582]. [See: #2, 23-29].

Apollinarians Hydroparastatae Pepyzites
Apotactites Macedonians Photinians
Arians Manichaeans Phrygians
Ascodrogitae Marcellians Pneumatomachi
Audians Marcianists Porphyrians
Borborians Messalians Priscillianists
Caelicolists Montanists Protopaschites
Circumcellions Montenses Sabbatians
Donatists Nestorians Saccophori
Encratites Novatians Simonians
Enthusiasts Ophites Tascodrogitae
Euchites Paulianists Valentinians
Eunomians Pelagians [582-584]

[Note: In antiquity, heresy = choice (thing chosen). From St. Ignatius [?] ["c. 35 - c. 107"], onward, heresy = theological error (Oxford Dict. C.C., 1974, 639). The savage connotations of heresy, heretic, heretical sect, etc., are from the Catholic Church (see 232: NVal 17·1: "Church universal". Etc.), which was a heretical sect.].

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from: A.D. Momigliano Studies on Modern Scholarship, edited by G.W. Bowersock and T.J. Cornell, U. California, 1994 [found 4/9/96], 193.

"In Schwartz's view the history of the Church was divided into two stages: the first, that of the Gospels, was for him THE FORMATION OF THE MYTH OF CHRIST; the second was the interplay of factions within the Church which degenerated into POWER RIVALRIES and led to the heresies and schisms which the Councils sought to resolve. "

[Superlative Summary!] [See: #3, 41-104].

[for bibliography on Eduard Schwartz, see 196 (German and Italian)].

[Eduard Schwartz 1858 - 1940. "Mommsen [Theodor Mommsen 1817 - 1903] was a family friend, and Mommsen was prepared to collaborate with Schwartz in his edition of Eusebius.... "

"Schwartz was first and foremost an interpreter and editor of texts. "

"As an editor of the Ecclesiastical History by Eusebius, he [Schwartz] knew more than anybody else about ecclesiastical historiography. "

(from: History and Theory, Studies in The Philosophy of History, Beiheft 21, New Paths of Classicism in the Nineteenth Century, Arnaldo Momigliano, Wesleyan U., 1982, 60, 59)].

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from: Encyclopaedia of Religion and Ethics, James Hastings, ed., Scribner's Sons, 1961, Vol. IV, 717.

"(8) The most important influence on the discipline of dissenters [heretics] exercised by any churchman was that of Augustine [354 - 430]. At first inclined to restrict discipline to spiritual measures, he changed front during the controversy with the Donatists. Quoting our Lord's words in the parable, 'Compel them to come in,' [Luke 14:23] he expounded them to include physical measures. He did not go as far as distinctly to advocate the penalty of death, but his exposition became the chief authority for the Schoolmen, including Thomas Aquinas [1225 - 1274], in favour of the death penalty for heretics. " [See: #8, 215-216].

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from: On Pagans, Jews and Christians, Arnaldo Momigliano [1908 - 1987], Wesleyan U., 1987, 158. [a "Must See" book!].

'We are, however, free to wonder whether at least in the West the Roman Empire would not have been better able to stand up to the barbaric invasions if its plural structure had been taken more seriously both in heaven [wit!] and on earth. Paradoxically, the plural structure of the pagan state favored an intellectual and linguistic unification which Christianity was unable to preserve. The pagans and the heretics, not to speak of the Jews, lost interest in the Roman State. Furthermore, the new loyalties toward the Church or rather the churches diminished the loyalty toward the State; and the churches attracted the best men, the best leaders. The gain of the Church became the loss of the State. We shall hear again the case for the superiority of enlightened polytheism....it was perhaps Moses Mendelssohn [1729 - 1786] who came nearest to Julian the Apostate at the end of his Jerusalem of 1783, though I doubt whether Mendelssohn had ever read Julian:

"Brothers, if you care for true piety, let us not feign agreement, where diversity is evidently the plan and purpose of Providence. None of us thinks and feels exactly like his fellow man: why then do we wish to deceive each other with delusive words?"' [109, in the reference below].

[from: Jerusalem (above), Moses Mendelssohn, Schocken, 1969 (1783).

"do you still want to boast that you have united mankind in faith ["union of faiths"], that you have brought the flock under the care of its one shepherd [see #7, 196-197]? Alas, if the goal of this universal delusion were to be realized, I am afraid man's barely liberated mind would once again be confined behind bars. The shy animal would soon have let itself be captured and put in harness again. Be as undemanding and conciliatory as you may wish, as soon as you link faith to symbol, tie conviction to words, lay down unalterably your articles of faith, the unfortunate wretch who arrives a day later and dares to find fault even with these inoffensive, purified words, will be in terrible trouble. He is a disturber of the peace! Off to the stake with him!" [108-109].

[See: 107-110 (end of text), in their (classic) entirety].].

[Sibylline oracles ("Greek" ["Pagan"] ® Jewish ® Christian)]

"As we all know, the Jews began to write Sibylline oracles in the style of the authentic ["Greek"] Sibylline oracles in the second century B.C. or perhaps earlier. " [138].

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"The oracles were meant to express reaction (not inevitably hostile) to pagan powers, whether Hellenistic or Roman....But perhaps, more than anything, the oracles were meant to convey to Jews and proselytes—and pagans who cared to read—a reflection on, or a reaction to, historical events. They were cheap philosophy of history supported by apocalyptic expectations. It is worth reminding ourselves that the Jews stopped writing history after A.D. 100 and the Christians did not write political history before the fifth century. The Sibylline oracles filled a historiographic gap. " [138].

"The oracles were, it seems, regularly attributed to a daughter or daughter-in-law of Noah: a detail which gave them a very respectable authority, a quasi-Jewish (but not a totally Jewish) character, and an endless possibility to refer to the past as if it were the future. Pagan oracles were incorporated in the Jewish texts. " [138].

"What nobody ever claimed to have seen (except, I must hasten to report, Trimalchio according to Petronius) was a Sibyl in the flesh. Therefore the Sibylline Books, whether pagan or Jewish, were in a strict sense all forged. The Jews went on forging Sibylline oracles in Greek until the seventh century". [138].

"the Collection of Sibylline Oracles which has reached us contains both Jewish and Christian Sibylline oracles. The Collection as it is now was put together and transmitted by Christians. Here we find Christian forgers using Jewish forgeries and adding their own more or less for the same purposes: anti-Roman feeling, apocalyptic expectations, and generic reflection on past history presented as future. Fathers of the Church (notably Lactantius) hurried to quote these texts; and of course the Christians went on composing their Sibylline texts (now also in Latin) throughout the Middle Ages. " [138-139].

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from: The Conflict Between Paganism and Christianity in the Fourth Century, essays edited by Arnaldo Momigliano, Oxford, 1963. Chapter 1 (Arnaldo Momigliano) (16 pages) (Introduction): "Christianity and the Decline of the Roman Empire". Superb summary of theories. Samples:

"Professor [Arnold] Toynbee maintains that the crisis of Roman civilization started in the year 431 B.C. when the Athenians and the Spartans came to grief in the Peloponnesian War.1 But this opinion is really not original.... " [1-2].

"Professor Mircea Eliade rightly observed that the Romans were 'continuously obsessed by the "end of Rome"'.2 The problem of the decadence of Rome was already formulated by Polybius in the second century B.C. The idea that Rome is getting old is clearly expressed in Florus, an historian of the second century A.D.3" [2].

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"By subtle analysis Montesquieu showed two of the main reasons for the fall of ancient Rome to be the power of the army and excess luxury. Later in the century, Christianity was made responsible for the decline of Rome. There is an anti-Christian note in Montesquieu which becomes loud in Voltaire and loudest of all in Gibbon's Decline and Fall. " [3].

"In more recent years the picture has become more complex. " [4].

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See: The Later Roman Empire 284 - 602, A Social Economic and Administrative Survey, A.H.M. Jones, 2 Vols., U. Oklahoma (c1964, Basil Blackwell and Mott, Oxford), 1964.

A ("magisterial" ["History and Theory, Studies in the Philosophy of History, Beiheft 30, 1991, 58]) Classic!

"the greatest contribution in English to Roman imperial history since Gibbon, astounding not only for the abundance of information but for its acumen, sweep, coherence, and elegance in presentation. " (Dict. National Bio. 1961-1970, Oxford, 1981, 596).

For increased perspective, see [Index & Text]: Symmachus (226); Zosimus (237); Ammianus Marcellinus (238); Julian (240); Macrobius; Christianity; etc.

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from: The Theodosian Code, Jill Harries, Ian Wood, eds., Cornell U., 1993.

["1. The Making of the Text John Matthews"]

"Gibbon [Edward Gibbon 1737 - 1794]...'gratefully remembered' how, in studying the Code with the commentary of James Godefroy [Jacobus Gothofredus 1587 - 1652], he had found it far more than a book of law in any narrow sense: 'I used it (and much I used it) as a work of history rather than of Jurisprudence: but in every light it may be considered as a full and capacious repository of the political state of the Empire in the fourth and fifth centuries.'21" [26].

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from: The Ecclesiastical Edicts of the Theodosian Code, William K. Boyd, Dissertation for Doctor of Philosophy in Columbia University, AMS, 1969 (Columbia U., 1905). [Note: Christian tendez (see overcriticalness regarding Zosimus [16-17], etc.)].

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"INTRODUCTION

The blending of civil and ecclesiastical authority in the later Roman Empire is a subject of vast and permanent historic interest. In it the philosophical historian has seen only one of the many evidences of a decline in classical civilization; while the moralist has found it to be the source of all the humane and beneficent influences of the age.1" [9].

"For legislation, as no other historical source, reveals the complexity of good and evil in society, and the ecclesiastical edits of Constantine and his successors show that the church, while a philanthropic institution, was also a disintegrating factor in Roman civilization. " [9].

'To Roman citizens the right was given to leave at death to "any of the most sacred and venerable Catholic churches" whatever they desired.3 ["3 C. Th., xvi, 2, 4. "] By this edict the church received a far more extensive privilege than any of the religious foundations of paganism. These could only receive gifts or alienate property by consent of the people and with special ceremonies; and, with a few exceptions, never acquired the right to accept testamentary benefactions. As a justification of this extraordinary privilege it was stated that "nothing should be dearer to men than that the writing of their last wish, after which they will not be able to write again, should be unrestricted and their will, which may not return again, should have free play. "1

This privilege, like the immunities of the clergy, was subject to abuse and corruption. The age was one of religious enthusiasm and generosity, which were encouraged by the teaching of the churchmen. Augustine urged Christians to remember Christ as well as their sons in their last bequests. Parents often gave all their property to the church, leaving their children in want and hunger, and Jerome presents a sad picture of the clergy of Rome visiting the houses of rich matrons to solicit gifts.2 Valentinian, therefore, ordered the confiscation of gifts and legacies of widows and minors that had been solicited by priests and monks.3' ["3C.Th., xvi, 2, 20"] [82-83].

'Ammianus Marcelinus [Marcellinus] [c. 330 - 395 (Roman soldier and historian [biographer of Julian, etc.])] describes the lawyers as people

who promote every variety of strife and contention in thousands of actions, wear the door-posts of widows and the thresholds of orphans, create bitter hatred among friends, relatives or connections who have a disagreement, mystify the truth, prepare seven costly methods of introducing some well known law,

and conclude their argument by declaring that "the chief advocates have as yet had only three years since the commencement of the suit to prepare themselves to conduct it," and so obtain an adjournment.1' ["1Historia Annorum, xxx, 4. "] [87-88].

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from: Roman and Christian Imperialism, J. Westbury-Jones, Kennikat, 1971 (1939). [See: #8, 204-207].

[Note: #8, 207, the Eusebius mentioned, is Eusebius "Ex-Consul and Ex-Master of the Horse and Foot" (CTh (Codex Theodosianus) XI, 1, 1), not, Eusebius of Caesarea (c. 264 - 340)].

"Eusebius of Caesarea [c. 264 - 340 (church historian, etc.)] gives expression to similar sentiments: 'And yet all must wonder if they consider and reflect, that it was not by mere human accident that the greater part of the nations of the world were never before under the empire of Rome, but only from the time of Jesus. For His wonderful sojourn among them synchronizes with Rome's attainment of the acme of power...and no one could deny that the synchronizing of this with the beginning of the TEACHING about our Saviour is of God's arrangement, if he considered the difficulty of the Disciples taking their journey, had the nations been at variance one with another.'2

[found 3/24/96 (compare: #6, 179 ["Rome"]; see: #8, 204)]

The fact that the unity of many nations under the Roman government promoted the spread of Christianity is quite evident. Indeed it is hard to see how Christianity could have won its signal victory had the political situation been other than it was. " [30-31].

"The defeat of Licinius in 324 A.D. left Constantine [c. 274 - 337] master of the world; his most important legal reforms fall within the period 315–323 A.D., when he and Licinius were joint rulers. It was during Constantine's reign [306 (312) -337] that Christianity first came out into the open against paganism. The Empire had either to be made an ally or to be crushed before Christianity could claim the victory [this, is a dramatic sentence!]. Rome was the impersonation of the spirit of paganism, and the influence of this form of religion was national and all-pervading in all the departments of life. But it was not the religion of Rome [obviously, Paganism + the Newer Paganism (Christianism ["Christianity"]), has had a phenomenal influence.], rather was it its principle of law which was to affect the future destiny of nations, although both exert a reciprocal influence, meeting and modifying one another. It was by no means an easy task for Christianity to influence the legislation of Constantine, an influence which can be adduced by examining the Code of Theodosius II.1" ["197"].

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from: ANCIENT ROMAN STATUTES, A Translation With Introduction, Commentary, Glossary, and Index, by Allan Chester Johnson, Paul Robinson Coleman-Norton, Frank Card Bourne, General Editor, Clyde Pharr, University of Texas Press · Austin, 1961.

'308. LETTER OF JULIAN ON PRIESTLY DUTIES, 362 A.D.

(Julian, Ep. 429C–432A)

This pastoral letter of the emperor gives sundry directions to be enforced by Arsacius' supervision throughout Galatia, where he was high priest.

It is not contained in any manuscript of Julian's works, but early editors have extracted it from Sozomen (HE 5, 16), who quotes it in toto.

....5) In each city establish numerous hostels, that strangers may enjoy our philanthropy, not only for our own people, but also for others, whosoever may need money. In the meantime I have formed a plan whence you will procure this. For I have ordered that in each year 30,000 modii of grain and 60,000 sextarii of wine shall be given throughout all Galatia. And of these I say that a fifth shall be expended for the poor, to whom the priests minister, and that the rest shall be allotted by us to strangers and to beggars. For it is shameful that, if none of the Jews asks alms and the impious Galilaeans5 [Christians] support our poor also beside their own, ours appear in need of aid from us. And teach the followers of the Greek religion to join in payments to such public services and the Greek villages to offer first fruits of the crops to the gods and to accustom the followers of the Greek religion to such beneficences by teaching them that this was our action long ago. Indeed, Homer has made Eumaeus say this: "Stranger, it is not lawful for me, even if a lowlier person than you should come, to dishonor a stranger; for from Zeus are all strangers and beggars. And a gift, while slight, is yet precious. "6 Then let us not dishonor by indifference or rather abandon the piety toward the gods by permitting others to surpass our good deeds. If I learn that you do these things, I shall be full of good cheer.'

[243]. [see also: 248 (304D), 249 (footnote 19)].

[Julian 331 - 363 (Born in Constantinople; never at Rome [at Athens 355] ["proclaimed Augustus at Paris" 360 (Lutetia: "old tribal capital of the Parisii") (The Emperor Julian, R. Browning, 1975, 243, 90)]) (Emperor 361 - 363 [(Mesopotamia) spear!])].

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