Flllnllment of the Requirements Daihousie Unversity
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Coreena McBurnie Submitted in flllnllment of the requirements for the degree of Master of Arts Daihousie UNversity Halif~x,Nova Scotia August, 1997 O CopynPYnghtby Coreena McBurnie, 1997 National Library Bibliothèque nationale l*I of Canada du Canada Acquisitions and Acquisitions et Bibliographie Services services bibliographiques 395 WelFngton Street 395, rue Wellington Ottawa ON K1A ONQ OtrawaON K1A ON4 Canada Canada The author has granted a non- L'auteur a accordé une Iicence non exclusive licence dowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, Ioan, distriie or seIl reproduire, prêter, distri'buer ou copies of this thesis in microform, vendre des copies de cette thèse sous paper or electronic formats. la forme de microfiche/film, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts fkom it Ni la thèse ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. TABLE OF CONTENTS Table of Contents Abstract Abbreviations Acknowledgements Introduction Chapter 1: Historid Context of N. Maj. VI Cbapter 2: The Text ofN. Ma..VI with Translation and Notes Chapter 3: Commen&qon Majorian's Sixth Novel Chapter 4: Novel Che of Severus Appendix: The Transmission of N. Maj. VI Bibliography The sixth novel of Majorian (N. Maj. VI) was in effect for five years before it was abrogated by Severn, who claimed thaî it was unjust and harsh Despite this cl* Majorian enacted very little new legislation with his novel. This thesis examuies N. Maj. VI in detail. It begins with a discussion of the historical context of the people and laws significant to N. Maj. VI, nameIy, virgins, widows, and laws dealing with mamhge and infieritance. Next, the text of N. Maj. VI is presented with a translation and notes. A paragaph-by-paragraph commentary fotlows. Finally, the text of N. Sev. 1 is presented with a translation and a discussion of its importance to N. Mat. VL This study will allow the reader to understand N. Ma.. VI in its historid context and reveai why N. Maj. VI wa~considered to be contentious. CI Th. Coda meodosi~m~~~ LRBurg. lex Romatlc~Bwgundiontan N. Just. Novel of Jusfiruan N. Maj. VI Sixth Novel of Majorian N. Maj. XI Eleventh Novel of Majorkm N. Sev. 1 First Novel of Severus PL Patrologia Latina Pr* prineipium 1thanL Dr. Peter Kussmaui, my supervisor, for bis insight and 1would Wre to thank my readiers, h.Atherton and Dr. Friedrich Alsa, 1wodd like to thanL Patncia bhacDodd, dose help was invduabk ta me at Dalhousie. Lastly, thank you to my family for îheir ongoing support, patience, and encouragement INTRODUCTION The Empemr Majorian isdhis sixth novel (N. Maj. VI) in AD. 458, and it was in effeçt for five years. h his nrSt novel, writkn AD.463, the Emperor Severus (N. Sev. I) abmgated aiI of the provisions ofN. Maj. VI except for one. Despite this, very few of the provinons in N. Maj. VI are new. The primary purpose of N. Maj. W is to encourage dagein order to replenish the dwindling Roman popuiation. Majorian îries to accomplish this goal by ciaiming to Wgins, widows, children, and young men entering mameageuegotiations, and by appealing dirsaly to ancient Roman values and laws. It is perhaps for these same three reasons that N. Uaj. M was found to be so contentiow: maay of the protedive measures were likely seen as behg intrusive, and Majorian's appeal to pgan values and laws, especially to the Augustan la-, mim@have been intolerable to the Church. Nowhere in this novel does Majorian directly compel anyone to marry, though he does widen the options for mmiage and discornage women fiom remaining single, especidy those women Who have rnarried before. Even though N. Maj. VI was repeaied so quickly afkr its promulgation, it has been pfe~ervedin manuscripts that were transmitted in Gaul. There are three masons why Gad is important for the suMval ofMajorianls novel. First, the Code of Justinian never supeneded the Theodosian Code and the pst-Thdosian novels in Gad, because Gad had ceased to be a pait of the RomEmpire by the tirne the Codex Jimmia~l~was pmulgatd Second, Majorhm made a collection of constitinions that contained his own lm, and part of this collection was preserved in Gaul in the lex Rom 2 Visgothonatt. Majorian was popular in Gaul and was remembered die= longer thaa anywhere else.' This thesis is divided into four parts. The first cbspter wilI discuss the historical context of the principal issues of N. Maj. VI, namely virgins, widows, and famiIy law, in order to demonstnite how Majorian's law fits into the progression of history. The second chapter presents the text of N. Maj. M with a translation and notes which take into acoormt the translations of this novel by phar? and Colemm-Norton3 The thkd chapter presents a detaiIed commentary of N. Maj. VI. Finally, the forirth chapter will present the text and translation of N. Sev. I, dong with a discussion ofwhat Severus found to be problematic in N. Maj. VI and why. 'paul M. Meyer and Th. Mommsen, ed,Cc, Vol. 2. Leges Novellae ad TheoQsianum (Berlin: Weidmam, 1954), p. XI-W; H.F. Jolowicz and Bany Nicholas, Hist~ricalIntroduction to the Sw of Roman Law, ThVd Ed (Cambridge: Caaibridge University Press, 1972), p. 465-67. For a more detailed discussion of this matter see Appendix. 2The Thdosian Code aml Novels and the Sinnondian Coastitutions. Clyde Pban; trans. (Princeton: Princeton University Ress, 1952). 3Roman State and Christian Church: A Collection of led Documents to AD. 535, Vol. 3. P.R Coleman-Norton, tram. (tondon: S.P.C.K, 1966). CWWTER ONE: HISTONCAL CONTEXI' OF N. W.VI a Women and Asceticism in the West Asceticism has a long history in the East hennits went into the desert as fiu back as the persecuîioas in order to obtain that perféct single-mindedness of the martyr and to demonstrate ta God theïr exceptional cornmitment to Him. It was aot mtil the fourth century that the ascetic movement prosperd in the West. The Western Church was reluctarit ta embrace asceticism at first, because many eastem ascetics were involved in heresies and controversies. Moreover, îhe ascetic life was thought to be humiliating and degrading because of inferior Qess, lack of personal hygiene, and the breaks it codd cause in successio~~~Eastern ascetics, for the most par?, were uneducaîed, poor, worked for a living, and lîved simpIe tives devoid of dl Iwray. ui the early fourth century, Athaaasius üavelled to Rome with his fmous book The Life of Antonv. His descriptions of Eastern asceticism and of a.extraordinary hennit capturai the imaginations of many in Roman aristocratie circles, including many women, and incited them to live escetic lives.' Marcella was the nrst noble woman in Rome to live a monastic lifé &r hearing Athanasius' stories. She, in turn, influenced *Elizabeth A Clark Ascetic Pietv and Woman's Fa&: Essavs in Late Ancient ChristianW (Lewiston, NY: the Edwin Melien Press, 1986), p. 176-77. 'James k Mohler, The He- of Monasîicism. The Christian Mo&: Twes and Anti- Tm(New York: Aiba House, 1971), p. 91. rnqof her ftiends and people in her household to take up monasticisii16 Ascetics in the West. however, pursued a different form ofasceticism than those in the East Western asceticism, estabbhed a genemtion afîer the Eastern ascetic movement, was marked by houses and villas: We have bekus [in the West] a genteel form of asceticism. No long-haired, wanderiag eccentrics, the subject of mockery among Western authors, these aristoc~~tspmctïced their renmciation in polite reaaf excbging the ieam that were the hallmark of cultivated society, making simpie meals palatable to their senatonal tastes, writing verse, worrying about the fate of vintage wines harvested hmtheir estates abdTheir mamer of life as ascetics diffed not totally fiom tbat of their secular days7 The modctife pmdby ascetic women was diffemt hmthat of their male cornterparts in both die East and the West women were not expected to go out into the desert, they practised house m~nasticisrn:~they either lived at home and were protected by thek fimilies, or they tended "to coagulate into dlgroups in ... [an] organic mamer." These women did not Iive by the *ct monastic codes of male monastics, but instituted îheir own des. The resultuig arrangement usually had an independent, prominent virgin or widow taking other women into her household, often fiiends or Ewig Hickey. Women of the Roman (AM Aibor, Michigan: UMI Press7 1987), p. 38; Wan Clark, Womai in Late Antiauitv: Pagan and Christian Life-styles (Mord: Clarendon Press, 1993). p. 102. 'E. Ci& p. 18 1; see also: Peter Brown, nie Bodv and Societv: Mea Womea and Sefi (New YoW Columbia University Press7 1988), p. 344; anci GilhCloke, fi in the Patristic Aee. AD 35040 (London and New York: Routledge7 1995), p. 102-03. *G. Clark, p. 101. %mwn, p. 265. relatives, in order to fom a group McateR to celibacy under the direction of a male as~etic.'~An exampIe of such a woman is Paula, a widow who converted to the ascetic life, and who infiuenced many in her howhold to do the same. Jeme was her spintual leader. Some ascetic women did start monasteries in the desert, but most continued to Iive at home, a custom that continueci even when consecrated Wgins and widows became more cornmon House monasticism pefsisted through the fouah and fi* centuries: the monastery pperwas not common in Rome uatil the sixth century.