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The Judiciary of Diocesan Vicars in the Later Roman Empire

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The Judiciary of Diocesan Vicars in the Later Roman Empire The Judiciary of Diocesan Vicars in the Later Roman Empire by Jacek Wiewiorowski is the inaugurating volume of a new publishing series of the Faculty of Law and Administration, Adam Mickiewicz Univer- sity in Poznań. This project draws upon the series of works written by the faculty members whose selection appeared in print in the 1950s. At the same time, by being published in English, the series responds to the challenges of contemporary science, in which widespread dis- semination of research is of paramount importance. Thus the series will foster internationalization of the research process and introduce the achievements of Poznań scholars into the international discourse of contemporary jurisprudence. The Judiciary of Diocesan Vicars in the Later Roman Empire 1 2 ADAM MICKIEWICZ UNIVERSITY IN POZNAŃ ADAM MICKIEWICZ UNIVERSITY LAW BOOKS NO 1 JACEK WIEWIOROWSKI The Judiciary of Diocesan Vicars in the Later Roman Empire Translated by Szymon Nowak POZNAŃ 2015 3 ABSTRACT. Wiewiorowski Jacek, The Judiciary of Diocesan Vicars in the Later Roman Empire. Poznań 2015. Adam Mickiewicz University Press. Adam Mickiewicz University Law Books No 1, Pp. 391 + plates. ISBN 978-83-232-2925-4. Text in English. The study focuses on vicars of dioceses (vicarius dioeceseos) of the Later Roman Empire and their judiciary capacity, which occupied one of the principal places in their duties. It is the first attempt to present the issue in scholarly research. The book covers the period from the establishment of dioceses under Diocletian (reigning 284–305) until the final abolishment of vicariates by Justinian I (reigning 527–565) and his further modifications of imperial admin- istration introduced at a supra-provincial level. It concerns all dioceses of the Roman empire, excluding diocese administrators with special status: comes Orientis, praefectus Augustalis and vicars residing in Rome (especially vicarius urbis Romae). The author employs historical-legal methodology, consisting in an analysis of the judicature of diocesan vicars based on legal sources, supplemented by iconographic, literary and epigraphical sources, and prosopo- graphy. He draws on the conclusions resulting from the research of sociologists, sociobio- logists, and particularly evolutionary psychologists, with regard to the mechanisms which exerted influence on the evolution of the judiciary of diocesan vicars. Jacek Wiewiorowski, Adam Mickiewicz University, Faculty of Law and Administration, ul. Św. Marcin 90, 61-809 Poznań, Poland, [email protected] Reviewer of the Polish edition: Professor Jan Zabłocki Publication of this book has been co-financed by the Rector of the Adam Mickiewicz University and the Dean of the Faculty of Law and Administration, AMU in Poznań Original Polish-language edition © Jacek Wiewiorowski 2012 English translation © Szymon Nowak 2015 Cover illustrations © Bayerische Staatsbibliothek München, Clm 10291 This edition © Uniwersytet im. Adama Mickiewicza w Poznaniu, Wydawnictwo Naukowe UAM, Poznań 2015 Cover design: Ewa Wąsowska Technical editor: Elżbieta Rygielska Desktop publishing: Eugeniusz Strykowski ISBN 978-83-232-2925-4 WYDAWNICTWO NAUKOWE UNIWERSYTETU IM. ADAMA MICKIEWICZA W POZNANIU UL. FREDRY 10, 61-701 POZNAŃ www.press.amu.edu.pl Sekretariat: tel. 61 829 46 46, faks 61 829 46 47, e-mail: [email protected] Dział sprzedaży: tel. 61 829 46 40, e-mail: [email protected] Wydanie I. Ark. wyd. 28,50. Ark. druk. 24,5 + wklejka. DRUK I OPRAWA: EXPOL, WŁOCŁAWEK, UL. BRZESKA 4 4 Table of contents Preface ................................................................................................................................... 9 Abbreviations ...................................................................................................................... 13 Sources .................................................................................................................................. 13 1. Preliminary issues ........................................................................................................... 15 1.1. The object and aims of the work and research methodology .............................. 15 1.2. Sources and literature of the subject ....................................................................... 30 1.2.1. Legal sources .................................................................................................... 30 1.2.2. Non-legal sources ............................................................................................ 35 1.2.3. Literature of the subject .................................................................................. 37 2. The position of diocesan vicars in administrative structures of the Empire ........ 39 2.1. General remarks ........................................................................................................ 39 2.2. The Titulature of diocese administrators and diocesan organization ................ 46 2.2.1. General remarks .............................................................................................. 46 2.2.2. Titulature of vicars – detailed remarks and changes in the organization of dioceses before 535. .................................................................................... 52 2.3.3. Separate status of individual diocesan administrators .............................. 77 3. Organization of judicature within the office of diocesan vicars ............................ 88 3.1. General issues ............................................................................................................ 88 3.2. The officium of diocesan vicars ................................................................................. 94 4. Judiciary of the vicars in the light of legal sources ................................................... 109 4.1. Imperial constitutions preserved in Codex Theodosianus of 438 and novella Marciani 1 of 450 ....................................................................................................... 109 4.2. Imperial constitutions preserved in Codex Iustinianus of 534 and novella Iustiniani 23 of 535 .................................................................................................... 214 5. Judiciary of vicars in the light of non-legal sources .................................................. 236 5.1. Iconographic sources ................................................................................................ 236 5.2. Literary and epigraphic sources .............................................................................. 256 6. Territorial administration after Justinian’s reforms ................................................. 281 7. Conclusions ...................................................................................................................... 288 List of maps, tables and figures ........................................................................................ 303 Bibliography ........................................................................................................................ 305 Index locorum ..................................................................................................................................................................................... 378 5 6 De legum vel iuris confusione purganda Divina providentia, sacratissime imperator, domi forisque reipublicae praesidiis comparatis, restat unum de tua serenitate remedium ad civilium curarum medicinam, ut confusas legum contrariasque sen- tentias, improbitatis reiecto litigio, iudicio augustae dignationis illumi- nes. Quid enim sic ab honestate constitit alienum quam ibidem studia exerceri certandi ubi iustitia profitente discernuntur merita singulorum? De rebus bellicis 21 On removing the confusion of the laws and justice Most Sacred Emperor, when the defences of the State have been properly provided both at home and abroad through the operation of Divine Prov- idence, one remedy designed to cure our civilian woes awaits Your Serene Majesty; throw lights upon the confused and contradictory rulings of the laws by a pronouncement of Your August Dignity and put a stop to dishonest litigation. For what is so alien to decent conduct as to give vent to one's passion for strife in the very place where the decision of Jus- tice distinguish the merits of individuals? [Translation by E. A. Thompson] 7 8 Preface This volume, whose original idea was conceived in 2007, is the crowning of many years of my studies of Later Roman diocesan administration and, as part of its framework – the vicars of diocese and their judicature. It offers a critical review of contemporary views and discussions concerning the be- ginnings of diocesan organization at the turn of the fourth century, addresses the evolution of the judiciary of vicars and the decline of their importance, from the late fourth century to their final liquidation under Justinian I (527–565). The study also briefly presents subsequent fates of Later Roman administra- tion at supra-provincial level during the reign of that emperor. The work certainly goes beyond a synthetic, historical-legal study, elaborating on themes relating to legal iconography, epigraphy and prosopography. The analyses are supplemented with observations originating from other social sciences, such as sociology and evolutionary psychology. They were applied in particu- lar to account for the causes of transformations of the judiciary of vicars and disappearance of that office. I do hope that thanks to the interdisciplinary
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