CODEX THEODOSIANUS. – This is the title of the great official collection of Roman imperial constitutions, commissioned by the Emperor Theodosius II and published on 15 February 438 A.D. It encompasses the constitutions from Constantine onward, up to the year 438, grouped into 16 books, themselves divided into titles, in each of which the relevant constitutions are arranged in chronological order. Its arrangement reproduces the systematic order of the Digest: after the sources, the pars edictalis (books II–IV), followed by the second part, with new supplementary subjects (books V–XV), and a book XVI devoted to ecclesiastical law (Krüger, Girard).
The C. T. enjoyed particular success in ecclesiastical circles because of the profound Christian imprint of the legislation it contains; this success increased when the Church of Rome turned to accepting a large part of its provisions for the regulation of its property.
In Italy, the application of the Justinian texts, which took place little more than a century later (554 A.D.), attempted to supplant it, but did not succeed completely, as is shown by the survival of institutions (fiducia, sponsio, etc.) that had been suppressed in Justinian legislation. It survived instead as the law of the Roman people in the other countries that had formed part of the Western Empire and had not been reached by the extension of Justinian law; the barbarian rulers themselves also drew from it elements for the compilation of their Romano-barbarian laws (Lex Romana Wisigoborum, Lex Romana Burgundionum). In Italy, even before the Byzantine reconquest, the Gothic king Theodoric likewise drew upon it for his Edictum. Properly speaking, the C. T. also includes the post-Theodosian Novellae issued in the two empires up to the fall of the Western Empire (476).
(Ist. Exc. Catt.)
CODEX THEODOSIANUS — Beginning of Book IX, Title I. Sixth-century semi-uncial codex — Vatican Library, Reg. Ist. 886.
particularly intended to regulate relations with the Church.
This book is divided into eleven titles, in which the subject matter is arranged as follows: in Title I, De fide catholica, a constitution of the emperors Gratian, Valentinian, and Theodosius (later reproduced in the Justinian Code) establishes the creed of the Catholic faith according to the teaching of the Apostolic See; in Title II, De episcopis, ecclesia et clericis, various constitutions provide for the exemption of the clergy from munera of every kind, recognize the right of clerics to leave their possessions to the Church, and establish the civil jurisdiction of the bishops’ court (episcopalis audientia); civil magistrates are forbidden to interfere in the ecclesiastical hierarchy and discipline, the ecclesiastical measure of separation from religious ministry is supplemented by 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 every rank that extranearum sibi mulierum interdicta consortia cognoscant; in Title III, De monachis, it is provided that they must live and follow deserta loca et vastas solitudines; in Title IV, De iis qui super religionem contendum, dissenters on religious questions are punished, among other things, with deportation, while in Title V, De haereticis, civil and personal penalties are established against those who, belonging to the various heretical sects, disturb the faith and the people; in Title VI, Ne sanctum Baptisma iteretur, among other provisions, the penalty of confiscation of property is prescribed for offenders; in Title VII, De apostatis, the capacity to make a will is restricted to varying degrees according to the rank of the person who apostasizes; in Title VIII, De iudaeis caeliciis et samoritanis, penalties are established concerning the Jews and others, with the particular prohibition of proselytism; in Title IX, Ne christianum municipium iudaeus habeat, an attempt is made to establish the civil superiority of the Christian over the Jew; in Title X, De paganis sacrificis et templis, the survival of pagan worship and customs is opposed, while the defense of the true faith is reaffirmed; in Title XI and last, De religione, a constitution of the emperors Arcadius and Honorius of 29 August 399 establishes the following important rule of jurisdiction between ecclesiastical authority and civil magistrates for trials concerning religious matters: « 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 the privileges of the clergy and the defense of religion, but rather as authoritative testimony alongside the canonical provision; and this despite the abrogating force of the other, later imperial code, the Justinian Code.
The first genuine critical edition of the C. T., prepared by Mommsen, completed by Meyer in 1905, and published under the title Theodosianilibri XVI cum constitutionibus Sirmondianis, is divided into two parts.
The old edition by Jacopo Gotofredo nevertheless remains of vital importance, on account of the highly erudite commentary with which it is provided (ed. Litter, 7 vols., Leipzig 1736–45, fol.).