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Old 08-04-2007, 05:14 AM   #1
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Default The Theodosian Code

MountainMan was asking in another place whether an online English translation existed of this text. It doesn't; but an English translation does exist, albeit in copyright.

Curiously it turns out to be in print, so you can buy a copy, if you happen to have $185 to spare. It's not a small volume, I should add.

Amazon link (or via: amazon.co.uk)

I looked into the copyright, as I thought that it would be useful to have it online. It was published in 1952, so the US copyright could have expired. Sadly it was renewed, and it looked as if the copyright is owned by a firm of lawyers. If anyone can imagine a way to get this online, it would be useful to everyone. As it is, it should come out of copyright only when all of us are dead.

All the best,

Roger Pearse
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Old 08-04-2007, 05:52 AM   #2
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Are you able to ascertain the firm of lawyers
who have this copyright? Although in the
fullness of time the entire Codex should be
available, I was specifically interested in the
Sixteenth Book, from which many citations
arising from Constantine were noted.

For example, there are a few extracts located
here ...

Quote:
Originally Posted by Fordham
C. Th. XVI.v.1: It is necessary that the privileges which are bestowed for the cultivation of religion should be given only to followers of the Catholic faith. We desire that heretics and schismatics be not only kept from these privileges, but be subjected to various fines. Constantine Augustus.

C. Th. XVI.x.4: It is decreed that in all places and all cities the temples should be closed at once, and after a general warning, the opportunity of sinning be taken from the wicked. We decree also that we shall cease from making sacrifices. And if anyone has committed such a crime, let him be stricken with the avenging sword. And we decree that the property of the one executed shall be claimed by the city, and that rulers of the provinces be punished in the same way, if they neglect to punish such crimes. Constantine and Constans Augusti.

The LATIN TEXT for Book 16 is quite substantial,
and looking at it again it might be parsed by
a database to arrange the citations in a chronological
order, because of the consistency of the (321 iul. 3).
dating tags. Out of interest,
the tag "(3" occurrs 150 times) while the
the tag "(4" occurrs 138 times).

These 150 references to the fourth century IMO
are interesting with respect to the historical
establishment of what was to become the
christian church.

Quote:
Originally Posted by BOOK16
C. Th. XVI.vii.1: The ability and right of making wills shall be taken from those who turn from Christians to pagans, and the testament of such an one, if he made any, shall be abrogated after his death. Gratian, Valentinian, and Valens Augusti.
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Old 08-04-2007, 05:42 PM   #3
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Other references from Book 16 of Codex Theodosius
in Robert Lane-Fox suggest section 2 might be an
expedient place to start ...


Codex Theodosius 16.2.1-6

"Christian prayers, said Constantine,
were intimately connected with
the safety of the state." [FN:45]

[FN:45] Codex Theodosius 16.2.1-6 and 14;
Eus HE 10.7.1-2; T.G. Elliott (1978), 326


Codex Theodosius 16.2.3

"This enormous favor was an open invitation to false pretence:
by 320 Constantine already had to legislate against rich pagans
who were showing a fascinating ingenuity
and were claiming exemptions as alleged
Christian priests." [FN:47]
[FN:47] Codex Theodosius 16.2.3 and 6



Codex Theodosius 16.2.4

"Constantine enacted a law
that stressed the validity
of a man's death bed legacies
to a church fund,
a topic which was particularly sensitive
because of the clergy's special presence
at the moment of death." [FN:48]
[FN:48] C.Theod 16.2.4



Codex Theodosius 16.2.18

the word "pagani: in everyday use meant "civilian" and/or "rustic".
"pagani: first appears in christian inscriptions from early 4th century.
"pagani: earliest use in the Law Codes in Codex Theodosius 16.2.18 (c.370)
"pagani: is a word coined by christians -- of the towns and cities.
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Old 08-04-2007, 05:51 PM   #4
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It is published by the Lawbook Exchange

Quote:
The Lawbook Exchange, Ltd. specializes in all aspects of law and legal history. Our publication program offers reprints of over 800 landmark works as well as original books. We invite offers of antiquarian, scholarly and current practice materials. Founded in 1983, we currently serve thousands of individuals and institutions worldwide.

...

. Gregory F. Talbot, President (Member ABAA, ILAB) .
. Valerie L. Horowitz, Managing Editor, Publications (Associate Member, ABAA, ILAB) .
. Michael von der Linn, Ph.D., Manager, Antiquarian Book Department (Associate Member, ABAA, ILAB) .
. 33 Terminal Avenue . Clark . New Jersey 07066-1321 .
. Tel: 732-382-1800; Toll Free 800-422-6686 in USA or Canada .
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