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Updated: May 14, 2025
So closely related was the subject of mathematics that it, too, fell into disfavor, and in the Theodosian code sentence of death was passed upon mathematicians. Long into the Middle Ages, the same unholy alliance with astrology and divination caused mathematics to be regarded with suspicion, and even Abelard calls it a nefarious study.
The law of the emperors Leo and Zeno, which is inserted in the Justinian code, mentions the fleet which was kept to guard the treasures: and by another law, taken from the Theodosian code, we learn, that the guards of the treasures, who went in this fleet, were officers under the superintendent of the imperial revenue.
The Provincials must frequently deplore the savage jurisprudence of the Salic or Ripuarian laws; but their private life, in the important concerns of marriage, testaments, or inheritance, was still regulated by the Theodosian Code; and a discontented Roman might freely aspire, or descend, to the title and character of a Barbarian.
It owed the barbarian nothing. That it re-arose, and that as a Roman and a Catholic state, is due largely to the fact that Honorius retreated upon Ravenna. If we could depend upon the dates in the Theodosian Code we should be able to say that Honorius finally retreated upon Ravenna before December 402; unhappily the dates we find there must not be relied upon with absolute confidence.
In all temporal affairs, the Theodosian Code was the universal law of the clergy; but the Barbaric jurisprudence had liberally provided for their personal safety; a sub-deacon was equivalent to two Franks; the antrustion, and priest, were held in similar estimation: and the life of a bishop was appreciated far above the common standard, at the price of nine hundred pieces of gold.
"The marbles of the Anician palace," were used as a proverbial expression of opulence and splendor; but the nobles and senators of Rome aspired, in due gradation, to imitate that illustrious family. The accurate description of the city, which was composed in the Theodosian age, enumerates one thousand seven hundred and eighty houses, the residence of wealthy and honorable citizens.
One who disagreed with the emperor and his religious advisers in regard to the relation of the three members of the Trinity was subject to prosecution. Heretical books were burned, the houses of heretics destroyed. So, organized mediaeval religious intolerance was, like so many other things, a heritage of the later Roman Empire, and was duly sanctioned in both the Theodosian and Justinian Codes.
All write under what a pope of our own day has called "hostile domination". They write from the Lateran Patriarcheium, not, as St. Leo I., under the guardianship of one branch of the Theodosian house at Rome to another branch at Constantinople, but to eastern emperors, the first of their line who openly assume the right to dictate to Catholics what they are to believe.
By an edict of Constantius against the Catholics which has not been judged worthy of a place in the Theodosian code, those who refused to communicate with the Arian bishops, and particularly with Macedonius, were deprived of the immunities of ecclesiastics, and of the rights of Christians; they were compelled to relinquish the possession of the churches; and were strictly prohibited from holding their assemblies within the walls of the city.
The rustic army of the Theodosian family was surrounded and destroyed in the Pyrenees: two of the brothers had the good fortune to escape by sea to Italy, or the East; the other two, after an interval of suspense, were executed at Arles; and if Honorius could remain insensible of the public disgrace, he might perhaps be affected by the personal misfortunes of his generous kinsmen.
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