(b) Codex Theodosianus, XVI, 2, 20; A. D. 370. Cf. Kirch, n. 759.
The following law is only one of several designed to correct what threatened to become an intolerable abuse.
Ecclesiastics and those who wish to be known by the name of the continent[137] are not to come into possession of the houses of widows and orphan girls, but are to be put aside by public [pg 382] courts if afterward the affines and near relatives of such think that they ought to be put away. Also we decree that the aforesaid may acquire nothing whatsoever from the liberality of that woman to whom privately, under the cloak of religion, they have attached themselves, or from her last will; and all shall be of no effect which has been left by one of these to them, they shall not be able to receive anything by way of donation or testament from a person in subjection. But if, by chance, after the warning of our law, these women shall think something is to be left to them by way of donation or in their last will, let it be seized by the fisc. But if they should receive anything by the will of those women in succession to whom or to whose goods they have the support of the jus civile or the benefit of the edict, let them take it as relatives.
(c) Codex Theodosianus, I, 27, 2; A. D. 408.
Edict of Arcadius, Honorius, and Theodosius II concerning the Audientia Episcopalis.
According to Roman law many cases were frequently decided by an arbitrator, according to an agreement between the litigants. The bishops had long acted as such in many cases among Christians. As they did not always decide suits on authorization by the courts, their decisions did not have binding authority in all cases. But after Constantine's recognition of the Church they were given authority to decide cases, and according to an edict of 333 their decisions were binding even if only one litigant appealed to his judgment. But this was reduced to cases in which there was an agreement between the parties. The following law, the earliest extant, though probably not the earliest, may be found, curtailed by the omission of the second sentence, in Cod. Just., I, 4, 8.
An episcopal judgment shall be binding upon all who chose to be heard by the priests.[138] For since private persons may hear cases between those who consent, even without the knowledge of the judges, we suffer it to be permitted them. That respect is to be shown their decisions which is required to be shown your authority,[139] from which there is no [pg 383] appeal. By the court and the officials execution is to be given the sentence, so that the episcopal judicial examination may not be rendered void.
(d) Codex Theodosianus, II, 1, 10; A. D. 398.
Law of Arcadius and Honorius.
The following law is cited to show that in the legalization of the Audientia Episcopalis the legislation followed a principle that was not peculiar to the position of the Church as the State Church. The Jews had a similar privilege. The conditions under which their religious authorities could act as arbitrators were similar to that in which the bishops acted. This edict can also be found in Cod. Just., I, 9, 8.