A Source Book for Ancient Church HistoryAyer, Joseph Cullen
History
A Source Book for Ancient Church History
Ayer, Joseph Cullen
Church history -- Primitive and early church, ca. 30-600 -- Sources
The Theodosian Code was a collection of law made at the command of
Theodosius II, A. D. 438. See § 80. It was intended to comprise
all the laws of general application made since the accession of
Constantine and arranged under appropriate titles.
If a shipman shall have been originally a lighterman, none the less he
shall remain permanently among those among whom it shall appear that his
parents had been.
(_b_) _Codex Theodosianus_, XIII, 5, 3; A. D. 319.
If any shipman shall have obtained surreptitiously or in any other way
immunity, it is our will that he be not at all admitted to plead any
exemption. But also if any one possess a patrimony liable to the duties of
a shipman, although he may be of higher dignity, the privileges of honor
shall be of no avail to him in this matter, but let him be held to this
duty either by the whole or in proportion. For it is not just that when a
patrimony liable to this public duty has been excused all should not bear
the common burden in proportion to ability.
(_c_) _Codex Theodosianus_, XIV, 4, 1; A. D. 334.
Because the guild of swineherds has fallen off to but few, we command that
they plead in the presence of the Roman people, for the defence should be
made to them for whom the burden was established.… Therefore let them know
that the personal property of the swineherds is liable to public burdens
and let them choose one of two courses: either let them retain the
property which is liable to the functions of swineherd, and let themselves
be held to the duty of swineherd, or let them name some suitable person
whom they will, who shall satisfy the same requirement. For we suffer no
one to be exempt from the obligation of this thing, but whether they have
advanced in honors, or by some fraud have escaped, we command that they be
brought back and the same thing performed, the Roman people being present
and witnessing, and we are to be consulted, that we may take note of those
who make use of these shifts; as for further avoidance of public duties,
it is by no means to be granted any, but he who shall have been able to
escape shall run danger of his safety, the privilege having been taken
away from him.
(_d_) _Codex Theodosianus_, XII, 1, 11; A. D. 325.
The following laws illustrate the attempts of the curiales to
escape their burdens.
Because some have forsaken the curiæ and have fled to the camps of the
soldiery, we prescribe that all who shall be found not yet indebted to the
chief centurion, are to be dismissed from the soldiery and returned to the
same curiæ; those only are to remain among the soldiery who are retained
on account of the necessities of the place or the troop.
(_e_) _Codex Theodosianus_, XII, 1, 12; A. D. 325.
Public-domain text, read in full here on John Shaqi.
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