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of any case. Finally, this tactic tended to shift somewhat the responsibility for future actions or punishments away from the authorities and onto the accused; if God’s judgement was perfect (which would be followed by Theodosius) all responsibility would logically have to be that of the accused; they would indeed receive their just deserts. 22 As noticed above, the lack of theological and technical terms in this law is striking. Most vociferously since the council of Nicaea over fifty years earlier, discussion in the Church had focused on the nature of the relationship of the Son with the Father, and indeed on the nature of the Son’s being as well. The lack of terms such as hom oousion or ousia, or of their Latin equivalents, substan tia or person a, might lead to the conclusion that there was little direct influence from clerics in the composition of this law. However, the law does assign equal status to the Holy Spirit which had hitherto not been the most important concern in theological debates and was only at this point becoming an issue. As such Theodosius must have gained some advice from clerics, or, alternatively, he may have been keeping abreast of theological developments himself. Also worthy of note is Theodosius' introduction of the phrase “the concept of equal majesty” (sub parili m aiestate) to describe the nature of the Holy Trinity. This phrase was not common to descriptions of the Trinity and Theodosius may have coined it in order to present the Nicene, Catholic version of Christianity as being more palatable to non-Catholic Christians. CTh. 16.2.25 was issued on the same day as Cun ctos populos, i.e. 28 February 380. There is no addressee and it reads more like a statement of fact, than a law: any persons who “through ignorance confuse or through negligence violate and offend the 22 The concept of the “ideal judge” is from Harries (1999c) 214-218 169
sanctity of the divine law commit sacrilege.” 23 No religious group was even mentioned and no punishments prescribed. Whereas the previous law was ambiguous, this law appears to be simply vague. However, as with CTh. 16.1.2, the lack of clarity may have served Theodosius' interests; without specifying the “persons” nor even defining the actions that could be deliberately or inadvertently committed, but which nevertheless led to the crime of “sacrilege,” a larger number of people and religious groups could have fallen foul of this law than would have been possible if Theodosius had specified individual groups or modes of behaviour. As such, despite its brevity and apparent simplicity, this law is one of the most intolerant and potentially most threatening to religious groups who may have incurred the displeasure of the government or one of its officials. As with CTh. 16.1.2, all options of future action were reserved to the government. Pharr raises the possibility that the div in a lex against which persons might offend could be interpreted either as the law of the emperor or the law of God. 24 Again, such ambiguity was probably not accidental. However, contemporaries may have interpreted div in a lex as referring to the emperor’s law rather than God’s (assuming that contemporaries would have noted any difference between the two types of law). The crime in CTh. 16.2.25 was sacrilege which had only been mentioned in two previous laws (CTh. 16.8.7 of 352 and CTh. 9.38.3 of 5 May 367 of Valentinian) and one letter (Constantine's letter to Bishop Macarius on the shrine at Mamre). Constantine's letter said that it would be “sacrilege” (ajsebew) if pagan worship continued on the site after the erection of a church. In Constantius’ CTh. 16.8.7 sacrilege was only used to describe gatherings of Jews; sacrilegis coetibus. More substantive is Valentinian's CTh. 9.38.3 granting an amnesty except for those who were “guilty of sacrilege against the Imperial majesty” adtam en sacrilegus in m aiestate. 23 Qui div inae legis sanctitatem aut nesciendo confundunt aut neglegendo v iolant et offendunt, sacrilegium com m ittunt 24 Pharr (1952) 444 n75 notes that offending the “sanctity of the divine law” (div ina lex) could be interpreted as either the law of God, or of the emperor. 170
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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
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clerics who had been banished by Co
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unknown, but Jovian did receive suc
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n ecks of his subjects to his ow n
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also included those of “adequate
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determine whether “such extreme h
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account of the day of Easter, which
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From his legislation it seems fairl
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Continents” from visiting the hom
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CTh 16.2.21 of May 371 was addresse
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that Ursinus himself was exiled, bu
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In order for the “greatest harmon
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Olybrius and Aginatius and the dupl
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each of their successors, Ampelius
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either by divine providence or by n
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ark was worse than its bite, is mos
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he was about to launch a campaign a
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province, and it’s grain, against
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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 and 166: under Valens. 202 Lenski’s argume
Page 167 and 168: evealed a bigger plot by an ex gove
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: expectation for the future progress
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
Page 217 and 218: laws prescribe” i.e. with torture
Page 219 and 220: ecause this amnesty refers to freei
Page 221 and 222: eaction to a perceived assault on t
Page 223 and 224: loyalty to Theodosius. It would be
Page 225 and 226: for replacements on the councils. 1
Page 227 and 228: dismissive attitude towards Christi
Page 229 and 230: advantage and all judges that it sh
Page 231 and 232: interestingly, the law (or more acc
Page 233 and 234: monasteries had been established in
Page 235 and 236: disadvantageous to clerics, but at
Page 237 and 238: Tatianus. 151 The law prohibited ap
Page 239 and 240: also “ignored the admonition of t
Page 241 and 242: Conclusion: Theodosius and the Chur
Page 243 and 244: the legislation on monks in the cod
Page 245 and 246: Theodosius and Heretics. As has alr
Page 247 and 248: giving a list of bishops as had bee
Page 249 and 250: hold unlawful assemblies within the
Page 251 and 252: 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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