Byzantine Laws (The Codex-Farmer's Law)

Disclaimer: I was planning on doing a contemporary piece on trials, juries, incarceration statistics but I got really interested in a different legal system in an empire I know and love: Byzantium. I will revisit trials, juries, and incarceration.

The separation of the Byzantine Empire or Eastern Roman Empire and its predecessor the Roman Empire does not have a definite date, but for this articles purpose the date of 395 CE stands. The year 395 CE was the last year the Western and Eastern Roman Empires were under a single Emperors rule, Theodosius I.

Legal Timeline

The Codex (438 CE), Corpus Juris Civilis (527-565 CE), Rhodian Sea Law (7th Century CE), Ecloga (726 CE), Farmer’s Law (8th Century CE),

The Codex (The Theodosian Code): The Codex was a compilation of Roman laws from Constantine I to Theodosius II. The codex provided a legal basis not just for the Eastern Roman Empire but was also one of the essential legal tools within the new states formed from the destruction of the Western Roman Empire (1).

Corpus Juris Civilis: The Corpus Juris Civilis contained four different legal books with emperor Justinian commissioning the works.

• Codex Justinianus: The first book was the Codex Justinianus which dealt with the contradictory clauses in Roman laws created by different Emperors ordinances. A ten-man commission created the Codex which was a compilation of Roman laws, with the commission striving to remove contradictory legislation. When the Codex Justinianus was finished all legal documents not within the Codex Justinianus lost legal status

• The Digesta: Sixteen Lawyers created the Digesta under the guidance of Tribonian. It was a list of precedents within the Roman legal code and was the backbone of all future judgments, and with its publishment, all precedents not mentioned in it were deemed invalid.

• The Institutiones: The Institutiones was a book for Byzantine law students. First-year law students used the text (2). The work helped explain the Byzantine legal system and the structures which made up the system.

• The Novellae Constitutiones Post Codicem: The Novellae Constitutiones Post Codicem was a collection of all the new ordinances created by Justinian before his death in 565. The laws published in the book were those missing from the second editions of the Corpus Juris Civilis, published in 534 (3).

The Corpus Juris Civilis has affected the entire world as it is the basis for civil law. One hundred and fifty states practice a form of civil law (4). The main difference between common law, that which .was created in England and civil law is that in civil law the judge, not the jury, decides the outcome of the case.

Rhodian Sea Law: Rhodian Sea Law was the backbone of maritime law in the Byzantine empire. The Rhodian Sea Law’s central aspect was creating a system of insurance for lost cargo when a ship had to throw merchandise overboard for the safety of the sailors or if pirates raided a vessel. The policy divided the cost of the lost shipment between the shipowner, the passengers of the ship, and the owner of the cargo being moved (5). The Rhodian Sea Law was the primary maritime law within Byzantium up till the end of the empire, even spreading to the Italian city-states which adopted its ordinances(5).

Ecloga: The Ecloga was published in 726 by emperor Leo III and stood out from the previous compilation of laws because of the language used: Greek not Latin. The Ecloga changed previous laws limiting the death penalty and replacing many previous death penalty punishments with mutilation (6). The legislation also had a sizeable Christian influence compared to earlier laws and tried to be fairer and juster than its predecessors. Due to its timing, the Ecloga had a significant impact on Slavic states legal system because of the migration of many Slavic people into the empire in the early eighth century (7).

Farmer’s Law: Farmer’s Law was one of the most influential legal codes within the Byzantine Empire because of its focus on the large peasant class. The law protected Byzantine peasant farmers from attacks or destruction of property (7). The law also formalized the taxation of the Byzantine peasantry by making the village one economic unit in which each member would contribute towards the taxation, and if they did not, then other villagers could take their products (7). The law had influences on Slavic legal systems just like the Ecloga because of the migration of Slavic people into the empire.

Sources:

(1) https://www.thoughtco.com/the-theodosian-code-178980

(2) https://www.britannica.com/topic/Code-of-Justinian

(3) http://perdidasmusas.blogspot.com/2017/01/codification-of-roman-law-under.html

(4) https://onlinelaw.wustl.edu/blog/common-law-vs-civil-law/

(5) https://www.britannica.com/event/Rhodian-Sea-Law

(6) http://www.byzconf.org/about-the-ecloga/

(7) https://www.britannica.com/topic/Farmers-Law