Abstract

Two fourth-century laws dealing with raptus, "abduction," preserved in title 9.25 of the Codex Theodosianus, have traditionally been read as protections for Christian virgins and widows who had taken vows of continence. A careful examination of these laws suggests something quite different. C. Th. 9.25.1 appears merely to extend existing penalties for the abduction of unwed girls to cover the abduction of widows of any sort. C. Th. 9.25.2 is corrupt in our manuscripts. The version printed in the standard critical edition, which includes mention of dedicated widows, is poorly attested and almost certainly incorrect. In its original form, this law censured only the abduction or seduction of dedicated virgins. There is therefore no legislation in the Code that refers to a class of widow who was vowed to God. This is as expected, for canonical and legal recognition of the widow's vow (as a binding oath that conferred a new status) only begins to emerge in the fifth century, at a point roughly contemporary with the compilation of the Code.

pdf

Share