— This is the title of the great official collection of Roman imperial constitutions, ordered by Emperor Theodosius II and published on 15 February 438 AD. It includes constitutions from Constantine onwards up to the year 438, grouped into 16 books, which are further divided into titles, with the relevant constitutions arranged chronologically within each title. Its organizational plan mirrors the systematic order of the Digest: after the sources, the *pars edictalis* (Books II-IV), followed by the second part, with new supplementary matters (Books V-XV), and Book XVI devoted to ecclesiastical law (Krüger, Girard).
The *C. T.* enjoyed particular success in ecclesiastical circles due to the deeply Christian character of the legislation it contained, a success that grew when the Church of Rome adopted many of its norms for regulating its own property.
In Italy, the application of Justinian’s texts, which occurred just over a century later (554 AD), attempted to supplant the *C. T.*, but did not succeed completely, as evidenced by the survival of institutions (such as *fiducia* and *sponsio*), which had been abolished in Justinianic legislation. Instead, it survived as the law of the Roman people in other countries that had been part of the Western Empire and did not receive the extension of Justinianic law; even the barbarian rulers drew elements from it for compiling their Romano-barbaric laws (Lex Romana Wisigothorum, Lex Romana Burgundionum). In Italy, the Gothic king Theodoric also drew from it before the Byzantine reconquest for his *Edictum*. The *C. T.* itself is supplemented by the post-Theodosian *Novellae*, issued in both empires until the fall of the Western Empire (476 AD).
Provisions concerning religious matters, the discipline of the clergy, and the authority of conciliar and canonical dispositions in general are found in various sections. Some are in Book II and Book VI, but the most important series is contained in Book XVI, which is specifically intended to regulate the relations of the Church.
This book is divided into eleven titles, in which the material is arranged as follows: in Title I, *De fide catholica*, a constitution of the emperors Gratian, Valentinian, and Theodosius (later included in the Justinianic Code) establishes the Catholic faith according to the teaching of the Apostolic See; in Title II, *De episcopis, ecclesiis et clericis*, various constitutions regulate the exemption of the clergy from all kinds of *munera*, recognize the right of clerics to leave their goods to the Church, and sanction the civil jurisdiction of the bishops’ tribunal (*episcopalis audientia*); they prohibit civil magistrates from interfering in ecclesiastical hierarchy and discipline, add to the ecclesiastical penalty of suspension from ministry the loss of exemption from civil *munera*, and finally, in a constitution of the emperors Honorius and Theodosius (C. T., XVI, 2, 44), it is established for clerics of any rank that they should avoid the company of women outside their own households; in Title III, *De monachis*, it is decreed that monks must live in deserted and desolate places; in Title IV, *De iis qui super religionem contendunt*, dissenters on religious matters are punished, among other things, with deportation; in Title V, *De haereticis*, civil and personal penalties are imposed on those who, belonging to various heretical sects, disturb the faith and the people; in Title VI, *Ne sanctum Baptisma iteretur*, among other things, the penalty of confiscation of goods is imposed on violators; in Title VII, *De apostatis*, the capacity to make a will is removed to varying degrees depending on the rank of the apostate; in Title VIII, *De Iudaeis caelicolis et Samaritanis*, penalties are imposed regarding Jews and others, with a particular prohibition on proselytism; in Title IX, *Ne Christianorum mancipium Iudaeus habeat*, an attempt is made to establish the civil superiority of Christians over Jews; in Title X, *De paganis sacrificiis et templis*, the survival of pagan cults and customs is combated, reaffirming instead the defense of the true faith; in Title XI and last, *De religione*, a constitution of the emperors Arcadius and Honorius dated 29 August 399 establishes the following important regulation of jurisdiction between ecclesiastical authority and civil magistrates in matters of religion: *“Quotiens de religione agitur episcopos convenit agitare, ceteras vero causas quae ad ordinarios cognitores vel ad usum publici iuris pertinent, legibus oportet audiri.”*
Canonical collections incorporated many of these constitutions concerning clerical privileges and the defense of religion, but rather as authoritative testimony alongside canonical provisions; this occurred despite the abrogative force of the later imperial code, the Justinianic Code.
The first true critical edition of the *C. T.*, prepared by Mommsen and completed by Meyer in 1905 and published under the title *Theodosiani libri XVI cum constitutionibus*, is divided into two parts.
Nevertheless, the old edition by Jacopo Gotofredo (Littera edition, 7 vols., Leipzig 1736-45, folio) remains of vital importance due to its erudite commentary.