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

located,” 256 whether in towns or in the countryside. This law ordered that such
confiscation should still occur wherever such “forbidden practice should occur, either
though the connivance of the judges or the dishonesty of the profane.” 257 It was
addressed to Hesperius, p[raefectum ] p[raetor]io, the proconsul of Africa who as
Praetorian Prefect of Italy and Gaul had received CTh. 13.1.11.
There is little external evidence as to what might have prompted this law. It is
known that Africa, in particular Tripolitania, was under attack from bands of
Austoriani, and the lack of defence afforded to the citizens was reportedly a scandal,
according to Ammianus. Unfortunately there is no evidence to link this law with the
Austorian invasion although Hesperius was later to hear the enquiry into the affair and
was commended by Ammianus for his unimpeachableness. 258
However the law was reasonably benign and in practice more so than
Valentinian's 16.5.3 of 2 March 372 which had been against Manicheans and had
ordered their assembly places to be confiscated to the resources of the fisc.
Valentinian’s law had also ordered that Manichean teachers should be fined. This
latest law, although not specifying an individual heresy and therefore by implication
including all heresies, prescribed no punishments for individuals found indulging in
heresies and indeed did not condemn heresies nor even have anything to say about
them as such.
CTh 16.6.2 of 17 October 377 was against the Donatists. The law gives the
addressee as Florianus vicar of Asia. This is probably a mistake and it was almost
certainly issued to Flavianus vicar of Africa at that time, 259 not least because the subject
matter relates to Donatism and therefore Africa and not Asia. This was the first law
(or at least the first surviving law from the Theodosian Code) against Donatism.
256 altaria locarentur
257 quod siv e dissim ulatione iudicum seu profanorum inprobitate contigerit
258 Amm. Marc. 28.6; Hesperius’ involvement at 28.6.26; Matthews (1989) 383-387
158