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dates of the three emperors were “also to be held in equal reverence.” 103 This is the first time that Easter has been given as a reason for a holiday in the code. The law reads in a functional manner with minimal rhetoric and no reference to religion other than listing Easter as a holiday. This may be due to the fact that the addressee, Albinus, was a pagan, along with Flavianus and therefore Theodosius may have been unwilling to blatantly demonstrate his own Christianity and thereby risk the possibility of offending Albinus, or Flavianus. Theodosius rejected the phraseology contained in an earlier law regulating court days, issued by Valentinian II’s government which referred to “the day of the sun, which our ancestors rightly called the Lord’s Day;” a clear reference to Christianity. 104 Equally however the law did not elevate any pagan festivals to the same status as Easter; thus in this law Christianity has a symbolically higher status than that of other cults and religions. Such reasons for the lack of references to religion in this law would appear to chime with Theodosius’ manner of dealing with the western provinces after his defeat of Maximus. He has been acknowledged to have behaved in a conciliatory manner towards the Senate and others who had until recently been supporting Maximus; Symmachus had publicly delivered a panegyric to Maximus, took refuge in a church after his defeat, but after a successful intervention by the (Novatian) bishop of the church and after delivering a speech of apology and a panegyric before Theodosius he was forgiven and became consul in 391. 105 Equally the impetus for the law may have come from Albinus himself. Albinus was one of a number of officials appointed to the western provinces after the suppression of Maximus and he was appointed Prefect of Rome when Theodosius made his adv en tus to Rome in the summer of 389. During his prefecture, Albinus commissioned statues of the emperors in order to demonstrate his 103 Parem necesse est habere rev erentiam 104 CTh. 2.8.18 of 3 November 386: solis die, quem dom inicum rite dixere m aiores; see above. 105 Symm. Ep. 2.13; Lib. Ep. 1004; Soc 5.14 189
loyalty to Theodosius. It would be justifiable to view this law in conjunction with the statues; both served to enhance Albinus’ reputation with Theodosius. 106 CTh. 9.35.5 of 6 September 389 to Tatianus, Praetorian Prefect of the east was also issued by Theodosius’ administration whilst he was in the west. 107 As it survives, the law is short and in full ordered: “On the consecrated days of the Quadragesima, during which time the absolution of souls is awaited, there shall be no corporal punishment.” 108 Evidently, there was a significant Christian element in this law issued to Tatianus, a pagan, less than a month after the religiously neutral language of CTh. 2.8.19. 109 As can be seen, the law did not, even in the slightest, indulge in any extremes of religious rhetoric; but nevertheless the references to the “absolution of souls” was unnecessary and was (probably quiet deliberately) blind to Tatianus’ own religious inclinations, which (as will be shown below in relation to CTh. 16.2.28 and 29) were often anti-Christian. It appears that Theodosius did not feel obliged to be as conciliatory or as sensitive in his language towards his pagan eastern officials as he was towards his western pagan officials. The reasons for such appear to have been purely practical; there were no threats to the east, for the moment. An Ostrogothic incursion (of 386-7) had been defeated and the survivors settled in Phrygia; after long negotiations (384-387) a settlement with Persia over Armenia had been reached. Therefore with the east secure Theodosius appears to have been able to be insensitive to Tatianus’ religion. At the same time, the Christian language of this law should give cause for caution when considering Honoré’s interpretation of the role of quaestor in drafting the laws; i.e. it seems unlikely that a pagan quaestor (Flavianus) would have used Christian language and allusions in a law addressed to another pagan. The influence of 106 Statues: Matthews (1975) 227 107 Flavius Eutolmius Tatianus 5 PLRE 1.876-878; also attributed by Honoré to his quaestor E9, i.e. Flavianus 108 Sacratis quadragesim ae diebus nulla supplicia sint corporis, quibus absolutio expectatur anim arum 109 For evidence of Tatianus’ paganism see Lib. Epp. 855, 899, Or 30.53 and 56.16 190
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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
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Urban Prefect, but it may well be r
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for his cruelty when he was Procons
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AVGGG. No title is given for Euther
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to in CTh. 9.16.9. Also, and at the
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Valens 364-378 In contrast to his b
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the clergy who engaged in business
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The effects of CTh 16.2.19 may well
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under Valens. 202 Lenski’s argume
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evealed a bigger plot by an ex gove
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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
Page 217 and 218: laws prescribe” i.e. with torture
Page 219 and 220: ecause this amnesty refers to freei
Page 221: eaction to a perceived assault on t
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
Page 253 and 254: einforce the illegality of such ass
Page 255 and 256: monasticism. In its introductory pa
Page 257 and 258: control of the west from the usurpe
Page 259 and 260: opening: om n es om n in o “all p
Page 261 and 262: The law then went on to detail the
Page 263 and 264: ishops if they had fraternised with
Page 265 and 266: and without the Catholic faith “w
Page 267 and 268: eginning of Theodosius' reign. Firs
Page 269 and 270: although it should be noted that no
Page 271 and 272: 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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