The conscription in the late Roman Empire began IV according to the codes of Theodosius and Justinian

The conscription in the late Roman Empire began IV according to the codes of Theodosius and Justinian

by Ernest V. Buldoin

Illinois University, Department of Classic History, USA



Article attempts to identify all the regulations governing the institute of billeting in the late Roman law IV - beginning of V in. n. e. Late considered the terminology used for billeting notation-tion Institute. The basic categories of persons entitled to use quartered. Characterized homeowner responsibilities with respect to guests, as well as the main categories of benefits relating to Xia liberation from Postojna service. In addition, attempts to identify general trends in the evolution of the Institute billeting.

Keywords: Late Antiquity, hostpitium, hospitalitas, wait, service, the Code of Theodosius, Justinian Code.


Period IV - V in the first third. It was a time-Konso lidatsii political power late Roman Empire, being able to come out stronger than before-necks from "the crisis of III century." The flip side of this success is the trend towards greater byurokratiza-tion of power and increase the fiscal burden. Postojna service, one of many binding Roman nalogo-payers, is one of the toughest. Its prevalence was associated with an increase in size of the army the growth of the state apparatus. Application practice of billeting was intended to solve the problem as the quartering of troops, so a huge number of officials to move around the empire. This practice has gained an everyday character, and homo-mu unsurprising seems there are numerous great-vovyh rules governing the bearing of Postojna duties recorded in the late Roman law. It is these rules and are the main source of my research.

Historiography of the problem is not as extensive as it might seem at first glance. Of course, the Institute billeting upo-ming in many general works on the history of the late Roman Empire1As well as studies on specific issues Politi-cal, economic and legal history2. In addition, the essence of billeting institution considered in numerous studies, niyah dedicated resettlement barbarian federates located on site-rii the Western Roman Empire3Because, according to the common point of view, the model is able to serve it pozdnerim-lic service Postojna4. However, special studies, which would be considered by the Institute of billeting in its initial boil-ante, to my knowledge, does not exist, that in itself leads to scientific problems.

The most important source for the history of the Institute is billeting Xia late Roman law; his stuff and is mainly used by me below. The chronological frame is my second study determined the content of the most important rights-Vågå monument of that era - the Code of Theodosius, which included imperial laws (constitution) from the time of Constantine I (306-337) (approximately 312 g) and until the publication of a set of oriental emperor Theodosius II the Younger (402-450) (438). Commission of Jurists compiled under the direction of quaestor of the sacred palace of Antiochus, the code stores the value until the appearance of the Code of Justinian5. As part of this kodifi-katsii constitution me interested were included in the special-tion title - CTh. VII.8 «fasting"; In addition, some holes, we (primarily relating to the provision of benefits under the bearing of Postojna duties) are presented in other parts of the vault. In this part of the imperial decrees 312-438 years. for various reasons, it has not been included in the codification of Feodosia, but then went to the Code of Justinian. Composition title special dedicated regulation Postojna service, - S.XII.40 "fasting and compensation for release from it" includes 8 constitutions period beginning IV -. V in the first third, one of the co-toryh not included in the set of Feodosia. In addition, a significant problem is the accounting discrepancies between the texts konstitu-tions that are included in both codes. In this case, as in the case of a set-Feo dosiya, rules governing the bearing of Postojna service, not limited to just one title.

First of all, I touch on the problem of late Roman legal ter terminology used to refer to Postojna guilty-sti. To begin with, that VII.8 title of the Code of Theodosius, dedicated-ny post, called «De metatis» (fasting); Parallel to it the title XII.40 in the Code of Justinian, dedicated to the same issues, called «De metatis et epidemeticis» (of the post and compensation for exemption from billeting). It turns out that in the names of both Clue-chevyh titles wait denoted by the word metatum (or metata in the plural), which, apparently, comes from metari verb -. Measure (ie, we are talking about a measured defined-lennoy of the house under the wait). However, despite the fact that the word metatum appears in the names of both titles in the texts of the laws themselves, published in the period under review, it is extremely rare - only three times in the two constitutions (. CTh VII.8.15, VII.8.16), both of which these constitutions were not included in the Code of Justi-niana.

Much more often used to refer to the words of billeting host-pitium and hospitalitas, as well as different words from the same root (on-example, ius hospitale - right billeting6, Hospitari - stop quartered7Also many times the word hospes, which can be referred to as the host, the guest host8And most of the guest9). In general, in both codes in the constitutions issued to 312 437, at a word from this root there are more than 40 times, all of which are found exclusively use billeting context (with the exception of only one konstitu-tion of the Code of Theodosius (CTh. XIV.9.1), where under-hospitia impersonate Meva location in another city).

Periodically to indicate the same range of phenomena form a Execu-and other constructions: meritum habitationum10 (Right to a pro-zhivanie, t. E. The right to wait), recepti habitaculi causaeleven. - adopted for the housing, ie the guests; In addition, sometimes there are times-personal forms of the verb manere, for example, "intrare praedium manendi causa" ( «start precisely in order to stay there on the stand-by")12.

What are the categories of persons had the right to stay on stand-by? Although the interest of the Institute I in the literature, as the right-lo, mentioned in connection with the quartering of troops13But in fact, the reasons for this demand Postojna duties is not limited-lis. This is evidenced, in particular, the expression of the Const-tutsii CTh. VII.8.5: "nos ipsi ... vel ii, qui nobis militant" ( «we are either

those who serve us "). It turns out that this definition Getting-out like the emperor with his court (imperial court - comita-tus - referred to in plain text in the constitution CTh VII.8.8.), And the soldiers and all the government officials (as we know, the term applied militia the period in question under-one who understands not only the military, but any civil servants ba14). In general, when referring to a potential guest, as a rule, featured a different form of the verb militare, or cognate words: vir militaris (CTh VII.8.5 = XII.40.2.), Milites (CTh VII.8.13, VII.9.2, XIII.3.16.) , hospites militares (CTh. XIII.3.10).

The content of all these categories of persons rested on the shoulders of Domo-farms, the heads of which were among the must bear wait-ing service. At the same time lodger should provide one-third of home ownership15. The procedure itself is regulated in detail above-mentioned constitution CTh. VII.8.5, published in 398 went down in both codes. Home ownership was divided into three parts: the first part has the right to select the owner of the house, then the remaining two parts Xia guest chooses his third and last part remained the same owner. The workshops, which were at the house (if any), are not subjected to division, but if a third, relying lodger, had stables, he could claim a part of the workshop premises for keeping animals. In this case, if the guest has a dignity illustrious husband, he's not laggy a third and half of the house.

Should the owner of the house be to feed the guest and his belly-tion? CTh Constitution. VII.8.10 gives a negative answer: the legislator forbids to demand from the food and the owner something (aliquid) yet. Moreover, under penalty of homeowner-lodger prohibits providing any additional services, even on its own initiative. Evidently, such drastic measures were caused by the fact that, in practice, often consist zlou-consumed with their situation and provide them with additional services-tion turned into a precedent, in turn, causes dissatisfaction taxpayers. The same constitution forbids guests stay in other people's homes longer than necessary, so as not to ruin other people's possessions.

In general, the content of most of the constitutions that are included in the "fasting" title, is not focused on the fact that the owner must provide the lodger, but rather on what the billeting-rings should not require. CTh Constitution. VII.8.12 contains all-ma vague order about that nobody demanded 'private Service »(privatum) from the owner of the house. Perhaps this concept is somewhat clarifies the change made to the text of the constitution considered in the Code of Justinian, where she came in slightly modified form (CJ XII.40.6.): In the later-lodger for prohibiting the access request from the host to the bath (balneam quisquam ); apparently it (or something similar) and under the implied privatum.

In addition, any restrictions of the same kind in the Code Feo-dosiya dedicated small title VII.9 «De salgamo hospitibus non praebendo» ( «About Stores that do not provide post-yaltsam"). It consists of four constitutions issued during the period 340 416 In their different wording repeated the same thought: guests can not demand from the host cushions (mattresses), wood and vegetable oil (all of which is meant by the umbrella term salgamum). The legislator handwriting-INDICATES that in the service enough Imperial slit-dryh hands (. CTh VII.9.4: «militibus nostrae su ffi cient largitates»); under these "generous distribution of" likely refers to Annona. The fact that the same rule is repeated with different-mi intervals four times, apparently, shows that guests regularly tried to break it. However, unlike the situation with edible, here the owner is allowed with impunity to provide these products voluntarily, if he has such a desire.

Speaking about possible abuses by the coaching-ant who are stopped by law, it should be mentioned constitution STh. VII.8.15, published in 430 g .: it is prohibited to require billeting in the event that he presumed the guest has his own house in the respective city (though most likely in the Constitution refers only to the capital of-sorts - Constantinople (East ) or equal to (West)).

As a rule, provided billeting homes, and most of the constitutions aimed at regulating otno-solutions of the guests and the owners of these houses. However, some times there are references to the possibility of billeting in public buildings; however, in most cases, the legislator prohibits their use for this purpose. In CTh constitution. VII.8.13, because of this, the 422, we are talking about the quartering of soldiers in the towers of the new city walls of Constantinople (t. E. In the wall of Theodosius). Twice (STh. VII.8.6, VII.10.2) mentioned wait judges in ready-to Rhee (m. E. In a residence governor province). STh Constitution. VII.8.2 prohibits stopping quartered in the synagogues and other religious buildings. Finally, CTh constitution. VII.10.1, you-marching in 405, forbids anyone would stop at wait at the Imperial Palace (which seems logical), but the constitution CTh. VII.10.2, published two years later, SOFT-chaet this prohibition: quartered in the palace allowed iudices ordinarii (ie the provincial governor..) In those cities that do not have the praetorian building (ie residence Pretoria - Imperial governor..).

Codes of Theodosius and Justinian contains enough of the set-legal rules governing the various benefits related to Postojna service. Title VII.8 «fasting" in the Code of Theodosius opened a law banning stop quartered Senators homes against their will16(Incidentally, this provision in the Code of Justinian was not included). Other benefits included in the titles, dedicated whelping-post, in both codes are usually not so generous: we are for the most part are not talking about full and partial exemption. According to the constitution STh. VII.8.3, ex-prefects, the former masters of infantry and cavalry, the former Komichi consistory and a former pre-positive sacred bedchamber permitted to exempt from billeting one house, where they live themselves. STh Constitution. VII.8.16 not-much extends this benefit if they have two houses in Constanta-nopole, both of them are allowed to exempt from billeting. In the same Const-tutsii consular granted the right to exempt from billeting one of their homes. In addition, in this constitution contains a lengthy and rather confusing rules about what is happening with the benefits after the death of these people, when they go home for at-a consequence of (the general sense is that the benefit is preserved, but truncated form). Exemption from billeting given homes gunsmiths, except in cases where the relevant city stop the emperor and his court (CTh. VII.8.8). By by-standing fully exempt estates and the emperor to make it easier to attract tenants (STh. VII.8.9).

These benefits appear in the title, but A direct-dedicated post. However, apart from them all kinds of weaker-ment certain categories of citizens in regard to the wait-term service, are found in other titles. For the most part they relate to the court, as well as certain categories of profes-catch (doctors, professors), which are fully exempted from billeting. For example, the legislator sets it in relation SRI-court arhiatrov physicians and physicians practicing

the city of Rome, teacher of literature and painting (CTh. XIII.3.18), clergy (STh. XVI.2.8), grammarians (corresponding to the Constitu-tutsiya the Code of Theodosius was not included, but it is found in kodifi-katsii Justinian: CX53.6), rhetoricians, philosophers, teachers (STh XIII.3.16), Imperial postelnichim (see S.XII.5.2; in STh con prostitution... not preserved) and silentsiariev (STh. VI.23.4).

The military organization of the Later Roman Empire, have approved Xia literature17





1.See: The Cambridge Ancient History. Vol. 13. Cambridge, 1998. P. 320; jones AHM

2.The Later Roman Empire 284-602: A social economic and administrative survey.

3.Vol. 1. Oxford, 1964. P. 235-249; Demandt A. Geschichte der Spätantike: Das Rö-mische Reich von Diocletian bis Justinian 284-656 n. Chr. München, 1998. S. 233; Kulakovskii YA History of the Byzantine Empire. T. 1. SPb., 2003, pp 358.

4.See, eg .: Halfmann H. Itinera principum:. Geschichte und Typologie der Kaiserrei-sen im Römischen Reich. Stuttgart, 1986. S. 70, 74, 78, 89, 133-134; Clauss M. DeMagister O ciorum in der Spätantike (4.-6 Jahrhundert.): Das Amt und sein Ein-fluss auf die Kaiserliche Politik. München, 1980. S. 19-20; Neesen L. Die Entwicklung der Leistungen und Ämter (munera et honores) im römischen Kaiserreich des zweiten bis vierten Jahrhunderts // Historia: Zeitschrift für alte Geschichte. 1981. Bd. 30. S. 203-235.

5.See. Eg .: Sivan H. On Foederati, Hospitalitas and the Settlment of the Goth in AD 418 // The American Journal of Philology. 1987. Vol. Number 108. 4. P. 759-772; Wirth G. Zur Frage der föederierten Staaten in der späteren römischen Kaiserzeit // Historia: Zeitschrift für alte Geschichte. 1967. Bd. 16. S. 231-251; Barnish SJB Taxation, Land and Barbarian Settlement in the Western Empire // Papers of the Britisch School at Rome. 1986. Vol. 54. P. 170-195; Havet J. Du partage des terres entre les romains et les barbares chez les Burgondes et les visigoths // Revue Histo-rique. 1878. T. 6. Fasc. 1. P. 87-99; Lot F. Du régime de l'Hospitalité // Revue Belge de Philologie et d'Histoire. 1928. 7. T. P. 975-1011; Go ff art W. Barbarians and Romans AD 418-584: The techniques of accommodation. Princenton, 1980. P. 164-177; The Cambridge Ancient History. Vol. 13. P. 524-525; The Cambridge Ancient History. Vol. 14. Cambridge, 2000. P. 112, 115.

6.See., Eg .: Barnish SJB Op. cit. P. 170; The Cambridge Ancient History. Vol. 13. P. 524-525.

7.General information about the Code of Theodosius, see. Eg .: AV Koptev Codification Feo-dosiya and its preconditions // IUS ANTIQUUM. Ancient right. Number 1. 1996. pp 247- 261; The Theodosian Code / Ed. by J. Harries, I. Wood. L., 1993. In the present paper, those used ed .: Mommsen T., Meyer E., Krüger P. Theodosiani libri XVI cum constitutionibus sirmodianis. Berlin, 1901. Bd. 2. S. 27-906 (when referring - CTh). In CTh. It includes not all constitutions 312-438 years, a number of which are reflected in the Code of Justinian (See: Corpus Iuris Civilis / Rec P. Krueger Vol 2: Codex Iustianianus Berolini, 1906 (when referencing - C)......

8.CTh. VII.8.1.

9.7CTh. VII.8.4.

10.8STh. VII.9.3, CTh. VII.9.2, CTh. VII.8.10.

11.9CTh. VII.8.9, CTh. VII.8.14, CTh. VII.8.16.

12.CTh. VII.8.2.

13.CTh. VII.9.4.

14.CTh. VII.8.7.

15.See., Eg .: Demandt A. Op. cit. S. 233; The Cambridge Ancient History. Vol. 13.


17.See: Calder WM Militia // The Classical Review. 1910. Vol. Number 1. 24. P. 10-13.

18.See., Eg .: STh. VII.8.5, CTh. VII.8.13.

19.STh. VII.8.1.

20.See. Eg .: Bury J. A History of the Later Roman Empire from Arcadius to Irene (395 AD to 800 AD). T. 1. L., 1889. P. 39ss .; Jones AHM The Later Roman Empire, 284-602. Vol. 1. Oxford, 1964. P. 317-522; Brown P. The World of Late Antiquity:

21.D. 150-750. P. 115-136.