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

emperor said that “A bishop is not required either by honour or by law to give
testimony,” Theodosius then repeated himself saying “it is not fitting for a bishop to
be admitted to give testimony, for his person is dishonoured thereby and the privileged
dignity of the priesthood is confounded.” 41 Possibly this ad hom in em law was designed
to protect Gregory Nazianzus from attack by his numerous enemies. The orthodox
Gregory had been appointed bishop of Constantinople just before the accession of
Theodosius in order to buttress the position of the Nicenes in the capital. However,
Gregory was already bishop of Sasima in Cappadocia and his appointment to a further
bishopric was in violation of canon law established at Nicaea. During the council,
Gregory made conciliatory approaches to the absent westerners, suggesting that
Damasus of Rome’s ally, Paulinus, be appointed to the see of Antioch, vacant due to
the recent death of Miletius. However, eastern opponents, notably the sidelined
Alexandrians and the Macedonians conspired against Gregory and, tired of the inter-
nicene conflicts, Gregory resigned during the council and returned to Cappadocia.
Theodosius may have issued this law if not to protect Gregory, then at least in order to
draw a conclusion to part of the controversy surrounding Gregory’s failed patriarchy.
CTh. 9.17.6 of 30 July 381 to Pancratius, Prefect of Constantinople seems to
have attempted to enhance the status of the Church establishment more generally. 42 It
was an attempt to regulate burials and implies an attempt to elevate the status of saints
and martyrs, but it did so in a manner that shows strong and continuing influence of
pre-Christian attitudes. In its first part the law ordered the removal of all bodies in
urns or sarcophagi, from the city. Anyone who ignored the law or conducted a burial
within the city would be fined one third of his wealth. Pancratius’ office staff would
also be fined fifty pounds of gold. 43 The second part warned people not to think that
41 Episcopus nec honore n ec legibus ad testim onium flagitatur. Episcopum ad testim on ium dicendum adm itti
non decet, nam et persona dehon oratur et dignitas sacerdotis excepta confunditur. Honoré (1998) 39-40
notes the repetition. He also notes that there is only only one other example of a law in this form,
CTh. 11.39.8 of 381.
42 Pancratius 4 PLRE 1.664
43 Or 3,600 solidi – with 72 solidi to the pound. See Jones (1964) 108
176