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Religious Intolerance in the Later Roman Empire - Bad request ...

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Urban Prefect, but it may well be related to his conduct of <strong>the</strong> trial of <strong>the</strong> Senator<br />

Hymetius, <strong>the</strong> ex-proconsul of Africa, who had been accused of consult<strong>in</strong>g a div<strong>in</strong>er to<br />

perform an illegal sacrifice <strong>in</strong> order to make Valent<strong>in</strong>ian favour him. Valent<strong>in</strong>ian also<br />

suspected Hymetius of defraud<strong>in</strong>g him over sales of corn from Africa. 152<br />

However, it should be noted that this law was <strong>the</strong> first to deal exclusively with<br />

heretics and to do so <strong>in</strong> a negative manner with regards to <strong>the</strong>ir <strong>in</strong> stitutum and to <strong>the</strong>ir<br />

teachers, both rhetorically and with practical punishments. 153 As such, it marks a<br />

development <strong>in</strong> official attitudes to heretics and heresies. However it would not be<br />

correct to see this law as <strong>in</strong>dicat<strong>in</strong>g a comprehensive change <strong>in</strong> <strong>the</strong> attitude of <strong>the</strong><br />

government towards religious deviants, <strong>in</strong> <strong>the</strong> sense that heretics were now phenomena<br />

which should, by virtue of <strong>the</strong>ir very existence, attract official attention. Although<br />

Constant<strong>in</strong>e had been content to limit <strong>the</strong> benefits he conferred on <strong>the</strong> Church<br />

exclusively to <strong>the</strong> Catholics and had “not found <strong>the</strong> Novatians to be precondemned to<br />

such an extent that…”, this implies that had he felt differently, or had been<br />

<strong>in</strong>vestigat<strong>in</strong>g a different heresy, <strong>the</strong>n <strong>the</strong> Novatians could potentially have been judged<br />

and treated <strong>in</strong> <strong>the</strong> same manner as Manicheans were now be<strong>in</strong>g judged and treated, or<br />

perhaps <strong>in</strong> a worse fashion. 154 Apparent official attitudes may have been guided as<br />

much by whatever happened to be brought to <strong>the</strong> attention of <strong>the</strong> emperor and his<br />

Consistory, than by religious developments ‘on <strong>the</strong> ground’ and beyond <strong>the</strong> notice<br />

(and perhaps concern) of <strong>the</strong> Imperial residence and <strong>the</strong> m<strong>in</strong>isters ga<strong>the</strong>red <strong>the</strong>re<strong>in</strong>.<br />

CTh 16.6.1 was directed aga<strong>in</strong>st Donatist bishops and was issued to Julianus,<br />

Proconsul of Africa on 20 February 373. 155 Valent<strong>in</strong>ian judged “to be unworthy of <strong>the</strong><br />

priesthood that bishop who repeats <strong>the</strong> sanctity of baptism by unlawful usurpation<br />

152 Amm. Marc. 28.1.17-23 See “Valent<strong>in</strong>ian and <strong>the</strong> Magic Trials” below.<br />

153 Previously, only two extant laws are known to have dealt with heretics or heresy: CTh 16.5.1 of 1<br />

September 326 and 16.5.2 of 25 September 326; see above<br />

154 CTh 16.5.2 above<br />

155 Sextus Rusticus Julianus 37 PLRE Vol 1 479-80 was one of <strong>the</strong> ‘new men’ with whom Valent<strong>in</strong>ian<br />

filled his adm<strong>in</strong>istration. Lenski (2002)<br />

129

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