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CTh 9.16.8 of 12 December 370 or 373 was addressed to the same Modestus who received CTh 16.2.19 and CTh 12.1.63; it was Valens’ second and final law on traditional practices. It was directed against astrology, and was apparently an attempt to eradicate its existence completely, but only through a long term strategy. As such, Valens ordered an abolition of the teaching of astrology, both publicly and privately. Teachers and pupils were to be treated equally; he ordered that “each of the two persons involved shall be stricken with a capital sentence. For the crime of learning forbidden doctrines is not unlike that of teaching them.” The thrust of the law was thus against the teaching and learning of astrology, but it may also have intended to prevent its practice, although the law does not actually say so: as far as it goes is to prescribe capital punishment for anyone “apprehended in this forbidden charlatanry.” 206 Whether those “apprehended” were engaged in its practice or in learning or teaching is impossible to ascertain. It is uncertain when this law was issued; the text indicates that it was passed during the consulships of Valentinian and Valens, and would therefore have been either 370 or 373 and since it was issued from Constantinople then it came from Valens’ eastern government. 207 During the period of the magic trials in Rome, and beginning in early 372, a series of similar trials began in Antioch. 208 Unlike those in the west, the eastern investigations did reveal a conspiracy against the emperor, but the sources do not specifically indicate that astrology itself played a part in the actual conspiracy itself. Initially there was an accusation that two men Palladius and Heliodorus who is described by Ammianus as a “reader of horoscopes” 209 were intending to poison the count Fortunatian; this is the only reference to astrology throughout Ammianus’ account of the circumstances preceding the conspiracy. Interrogation of Palladius 206 Cesset m athem aticorum tractatus. Nam si qui publice aut priv atim in die noctuque deprehensus fuerit in cohibito errore v ersari, capitali sententia feriatur uterque. Neque enim culpa dissim ilis est prohibit adiscere quam docere 207 Lenski (2002) 219 n42 believes that it is a mistake to place the law in 373 and that it should be dated to 370, but he does not expand on this. 208 Amm. Marc. 29.1-2; Eunap VS 480-481; Matthews (1989) 219-226; Lenski (2002) 223-234 209 Amm. Marc. 29.1.5: fatorum per genituras interpretatem 144
evealed a bigger plot by an ex governor Fidustius and other senior members of the government, to discern the name of Valens’ successor through “the abominable art of divination in secret.” 210 The conspirators found the successor to be Theodorus, the deputy head of the n otarii, who was summoned from Constantinople and executed along with others; some victims had their property confiscated and suffered exile. Ammianus claims that the victims included both the guilty and the innocent. 211 Ammianus describes the nature of the divination ritual as revealed during the trial as invoking “the divine power which presides over prophecy” rather than as astrology itself, 212 and both Matthews and Lenski refer to the ceremony as involving a ouija board through which the name of the next emperor was revealed. 213 Unfortunately, therefore CTh 9.16.8 is probably not a direct response to this elite conspiracy against Valens; if it were, then it would have been focused on divination. At best, it can be reasonably said that CTh 9.16.8 is consistent with the prevailing atmosphere and may reasonably be viewed as one measure, probably amongst many, to curb the general sort of dubious magic with which the conspirators were engaged. However if this law can be linked with any specific event recorded in the sources, then the most likely incident must be one briefly referred to by Ammianus. An unnamed, but “respectable citizen” was discovered to have a copy of a horoscope belonging to someone called Valens, whom the “respectable citizen” claimed was his long dead brother. Ammianus records that the brother claimed to be able to prove this, but was tried and executed before he could do so in c372. 214 The authorities possibly had good grounds to be suspicious; the accused’s brother had been dead for some time and so therefore the question of why should the brother have kept a horoscope belonging to a dead person may well have arisen. Alternatively, the horoscope could have indicated the actual death of the brother and thus was evidence 210 Amm. Marc. 29.1.6: detestandis praesagiis didicisse secretim 211 Theodorus 13: PLRE 1.898; Amm. Marc. 29.1.18: innocentesque m aligna 212 Amm. Marc. 29.1.31: conceptis carm in ibus num ine praescitionum auctore 213 Matthews (1989) 223; Lenski (2002) 224; Amm. Marc. 29.1.29-32 214 Amm. Marc. 29.2.27: m unicipis clari; Matthews (1989) 222 145
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Religious Intolerance in the Later
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The Valentiniani: Valentinian I 364
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intolerance; indeed, on this model,
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commissioners in an equally short a
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cannot be excluded, with the conseq
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Constantine and the Church CTh. 16.
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CTh. 16.2.4 of 3 July 321 was addre
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emphasis on local elites serving th
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laws.” 32 Then the law changed it
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superstitioni an official stamp of
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tones; there was little room for fa
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and not to “heretics and schismat
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natural law. The law also refers to
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existing (lost) law. The law prohib
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addressees own sensibilities certai
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little to suggest that Constantius
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does say in simpler terms). But wha
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exercise an undue influence, or pow
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valued moderation in law. An inscri
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16.10.2 that the earlier prohibitio
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that Magnentius was favourable to p
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August 339. The language of the law
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poen a capitis “capital punishmen
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CTh 9.16.5 of 4 December 357, which
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high rank” were exempt from tortu
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loyalty to his faith and emperor an
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privilege and also to the types of
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and therefore as exempt because it
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the use of fraudulent tricks,” 20
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administrative arrangement such as
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Conclusion The surviving legislatio
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Chapter 2: Constantine and the Dona
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confined to the east, ordered sacri
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their deaths as well as organising
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Constantine ordered the restoration
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eferences to clerics who did not co
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that, considering the letters prese
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pronounced Caecilian’s good name
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had not conformed to the judgement
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sacred religion”. It looks as if,
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intensity and range of such ‘shar
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of God was such that even at this l
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and therefore Caecilian’s enthron
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Donatists’ case against Caecilian
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Although in this letter the bulk of
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the instructions of a greater (and
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Nevertheless the next step was inde
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was not an agent for the Church, bu
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possibly to impose a curfew on them
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Therefore, the persecutions proved
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e under, although he did draw atten
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Church was always regarded as valid
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“heresy and schism proceeds from
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Chapter 3: The Valentiniani Jovian:
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Alexandria and, moreover, Jovian sa
Page 115 and 116: clerics who had been banished by Co
Page 117 and 118: unknown, but Jovian did receive suc
Page 119 and 120: n ecks of his subjects to his ow n
Page 121 and 122: also included those of “adequate
Page 123 and 124: determine whether “such extreme h
Page 125 and 126: account of the day of Easter, which
Page 127 and 128: From his legislation it seems fairl
Page 129 and 130: Continents” from visiting the hom
Page 131 and 132: CTh 16.2.21 of May 371 was addresse
Page 133 and 134: that Ursinus himself was exiled, bu
Page 135 and 136: In order for the “greatest harmon
Page 137 and 138: Olybrius and Aginatius and the dupl
Page 139 and 140: each of their successors, Ampelius
Page 141 and 142: either by divine providence or by n
Page 143 and 144: ark was worse than its bite, is mos
Page 145 and 146: he was about to launch a campaign a
Page 147 and 148: province, and it’s grain, against
Page 149 and 150: Valentinian and Heretics CTh 16.5.3
Page 151 and 152: Urban Prefect, but it may well be r
Page 153 and 154: for his cruelty when he was Procons
Page 155 and 156: AVGGG. No title is given for Euther
Page 157 and 158: to in CTh. 9.16.9. Also, and at the
Page 159 and 160: Valens 364-378 In contrast to his b
Page 161 and 162: the clergy who engaged in business
Page 163 and 164: The effects of CTh 16.2.19 may well
Page 165: under Valens. 202 Lenski’s argume
Page 169 and 170: two cases show that Constantine's C
Page 171 and 172: Modestus returned the next day to e
Page 173 and 174: Conclusion Modestus thus appears to
Page 175 and 176: CTh 16.2.23 of 17 May 376 was issue
Page 177 and 178: CTh. 15.7.8 of 8 May 381 was issued
Page 179 and 180: have been necessary for the actress
Page 181 and 182: The law “condemn[ed] the false do
Page 183 and 184: matters of ecclesiastical disciplin
Page 185 and 186: deserved” 273 which was that he s
Page 187 and 188: More interesting though is the atta
Page 189 and 190: stated in this law, would have been
Page 191 and 192: property to another who would then
Page 193 and 194: facilitating the conversion of Chri
Page 195 and 196: Heretics appear to have been the gr
Page 197 and 198: against apostates; 5 nine were on p
Page 199 and 200: “smitten first by divine vengeanc
Page 201 and 202: expectation for the future progress
Page 203 and 204: sanctity of the divine law commit s
Page 205 and 206: 9.38.3 of 367 Valentinian had order
Page 207 and 208: have been disinclined to give him o
Page 209 and 210: emperor said that “A bishop is no
Page 211 and 212: Constantinople council also arrange
Page 213 and 214: contributed to its composition. Ind
Page 215 and 216: Const. Sirm. 3 of 4 February 384 to
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laws prescribe” i.e. with torture
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ecause this amnesty refers to freei
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eaction to a perceived assault on t
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loyalty to Theodosius. It would be
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for replacements on the councils. 1
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dismissive attitude towards Christi
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advantage and all judges that it sh
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interestingly, the law (or more acc
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monasteries had been established in
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disadvantageous to clerics, but at
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Tatianus. 151 The law prohibited ap
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also “ignored the admonition of t
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Conclusion: Theodosius and the Chur
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the legislation on monks in the cod
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Theodosius and Heretics. As has alr
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giving a list of bishops as had bee
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hold unlawful assemblies within the
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espond to an immediate need and was
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einforce the illegality of such ass
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monasticism. In its introductory pa
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control of the west from the usurpe
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opening: om n es om n in o “all p
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The law then went on to detail the
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ishops if they had fraternised with
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and without the Catholic faith “w
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eginning of Theodosius' reign. Firs
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although it should be noted that no
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whether the law should indeed be ta
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property. Like that previous law, t
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Although it does not actually say s
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with clubs and condemned to deporta
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CTh. 16.5.23 of 20 June 394 was iss
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natural loss of the texts (which do
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Theodosius and Judaism Theodosius o
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CTh. 3.7.2 of 14 March 388 was also
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een welcomed by both communities, e
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forbidden by no law.” As such, Th
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society, they were, in some sense,
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CTh. 16.7.2 of 20 May 383 was addre
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“profane holy baptism” they wer
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this law, were members of Flavianus
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eign, to genuinely attempt to maint
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protect all festivities that were t
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aspect of this law is that Dexter i
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immediately be compelled to pay fif
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“political clumsiness in the timi
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Such a manner of reading this law m
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cities. Decurions and defenders wer
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Conclusion - Theodosius As has been
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matter and nature of the law, then
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thereby, perhaps, it was thought th
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Mommsen, T. (1870) “Carm en codic
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The Interlinear King James V - New
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Secondary Sources Adler, C. and Sin
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Wisconsin. (1982) Society an d the
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Edwards, M. (2004a) “Rom anitas a
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Green, R.P.H. (1991) The Works of A
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55 (1949) “The Roman civil servic
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Lockwood, R. (1989) “Poten s et F
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al.294-303. Nixon, C.E.V. (1998)
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Shaw, B. (1992) “African Christia
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Wiseman, T.P. and Holdsworth, C. (e
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emphasised that they amount to less
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A non-partisan emperor or individua
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