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

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as such. The <strong>in</strong>junction aga<strong>in</strong>st teach<strong>in</strong>g doctr<strong>in</strong>es which were harmful to o<strong>the</strong>rs was<br />

repeated with reference to <strong>the</strong> Donatist practice of repeat baptism. 289 The law went on<br />

to pass special <strong>in</strong>junctions aga<strong>in</strong>st <strong>the</strong> Donatists: “All teacher and m<strong>in</strong>isters of this<br />

perverse superstition shall absta<strong>in</strong> from <strong>the</strong> ga<strong>the</strong>r<strong>in</strong>g places of a doctr<strong>in</strong>e already<br />

condemned.” 290 . Despite <strong>the</strong> condemnations however, <strong>the</strong>re are no punishments<br />

prescribed, even <strong>in</strong> vague terms; <strong>the</strong> purpose and effect of <strong>the</strong> law is thus rhetorical<br />

ra<strong>the</strong>r than practical.<br />

But although <strong>the</strong> law lacked some practicality, it does <strong>in</strong>dicate an <strong>in</strong>crease <strong>in</strong><br />

<strong>in</strong>tolerance towards <strong>the</strong> Donatists; albeit of a rhetorical ra<strong>the</strong>r than practical nature.<br />

In his long runn<strong>in</strong>g dispute with <strong>the</strong> Donatists, Constant<strong>in</strong>e had <strong>in</strong>itially been<br />

concerned with <strong>the</strong>ir disobedience and consistently stated his desire to secure “right<br />

worship.” Only <strong>in</strong> his last document on <strong>the</strong> issue <strong>in</strong> his Letter to <strong>the</strong> Num idian Bishops<br />

of 5 February 330 did he <strong>in</strong>fer that <strong>the</strong> Donatists were heretics which <strong>in</strong> that letter he<br />

equated with schismatics and with evil. But even <strong>in</strong> that letter he held out <strong>the</strong> hope<br />

that <strong>the</strong>y would return to <strong>the</strong> correct path of God. This law however, was not<br />

concerned with issues of “right worship” nor of obedience, but with doctr<strong>in</strong>al matters:<br />

<strong>the</strong> law focused around <strong>the</strong> practice of repeat baptism and <strong>in</strong>deed this practice is <strong>the</strong><br />

only one mentioned <strong>in</strong> <strong>the</strong> law.<br />

Arguably, disobedience to <strong>the</strong> authorities, (Church or state) although a crime,<br />

was known to be easily rectifiable through obedience; that is to say, <strong>the</strong>re was noth<strong>in</strong>g<br />

<strong>in</strong>tr<strong>in</strong>sically permanent about <strong>the</strong> Donatists’ state of disobedience. Constant<strong>in</strong>e<br />

realised this and held out <strong>the</strong> prospect of resolution to <strong>the</strong> bitter end, albeit a<br />

resolution, which by that end would have been based on his terms and those of <strong>the</strong><br />

Catholic Church. But a <strong>the</strong>ological error, once identified <strong>in</strong> <strong>the</strong> Donatists and now<br />

288 Om nes v etitae legibus et div <strong>in</strong>is et im perialibus haereses perpetuo conquiescant. Quisquis op<strong>in</strong> ionem<br />

plectibili ausu dei profanus <strong>in</strong>m <strong>in</strong>uit, sibi tantum m odo nocitura sentiat, aliis obfutura non pandat.<br />

289 Sibi solus talia nov erit, alios nefaria <strong>in</strong>stitution e non perdat<br />

290 om nesque perv ersae istius superstitionis m agistri pariter et m <strong>in</strong>istri…hi con ciliabulis dam natae dudum<br />

op<strong>in</strong>ion is abst<strong>in</strong>eant<br />

166

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