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Updated: May 14, 2025


There are several laws in the Theodosian code which relate to the different fleets of the empire: the Eastern fleet, the principal port of which was Seleucia, a city of Syria, on the Orontes, by which were conveyed to Rome and Constantinople, all the oriential merchandize that came by the land route we have described to Syria, was particularly noticed, as well as some smaller fleets depending on it, as the fleet of the island of Carpathus.

This last book of the Code begins with a definition of the Trinity; and much space is given to a description of the different kinds of unbelievers and the penalties attached to a refusal to accept the religion of the government. In these provisions of the Theodosian Code the later mediæval Church is clearly foreshadowed.

In the Theodosian and Justinian code, encouragement to the importation of it seems still to have been a paramount object, especially from Egypt; for though from an edict of Justinian it would appear that the cargoes from this country, of whatever they consisted, were guarded and encouraged by law, yet we know that the principal freight of the ships which traded between Alexandria and Rome and Constantinople was corn, and that other merchandize was taken on board the corn fleets only on particular occasions, or, where it was necessary, to complete the cargoes.

These laws may be divided into three heads: first, laws relating to the protection and privileges allowed to mariners by the Roman emperors; secondly, laws relating to particular fleets; and lastly, laws relating to particular branches of trade. The fifth title of the thirteenth book of the Theodosian code of laws entirely relates to the privileges of mariners.

After the death of Alexander Severus no great accession was made to Roman law, until Theodosius II. caused the constitutions, from Constantine to his own time, to be collected and arranged in sixteen books. This was called the Theodosian Code, which in the West was held in high esteem, although superseded shortly after in the East by the Justinian Code.

It was Lambinus who first proved that the pure Latinity of the lives could not, except by magic, be the product of the Theodosian age; and as ancient testimony amply justified the assignment of the life of Atticus to Nepos, and he was known also to have been the author of just such a book as came out under Probus's name, the great scholar boldly drew the conclusion that the series of biographies we possess were the veritable work of Nepos.

But as their number continually multiplied, the rule of obedience became each day more doubtful and obscure, till the will of the sovereign was fixed and ascertained in the Gregorian, the Hermogenian, and the Theodosian codes. * The two first, of which some fragments have escaped, were framed by two private lawyers, to preserve the constitutions of the Pagan emperors from Adrian to Constantine.

But such obstinate zeal was not congenial to the loose and careless temper of Polytheism. The violent and repeated strokes of the orthodox princes were broken by the soft and yielding substance against which they were directed; and the ready obedience of the Pagans protected them from the pains and penalties of the Theodosian Code.

The original authorities are Ammianus Marcellinus, Zosimus, Sozomen, Socrates, orations of Gregory Nazianzen, Theodoret, the Theodosian Code, Sulpicius Severus, Life of Martin of Tours, Life of Ambrose by Paulinus, Augustine's "De Civitate Dei," Epistles of Ambrose; also those of Jerome; Claudien.

The Theodosian code, published by Theodosius the Younger, A.D. 438, while it incorporated Christian usages and laws in the legislation of the Empire, did not, however, disturb the relation of master and slave; and when the Empire fell, slavery still continued as it was in the times of Augustus and Diocletian. Nor did Christianity elevate imperial despotism into a wise and beneficent rule.

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