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his m agisterium which according to CTh. 6.9.1 appears to have ranked lower than the quaestorship, but in the Notitia Dign itatum of 395 ranked higher. He schemed against Theodosius' generals Timasius and Promotus; in 391 he managed to ensure the disgrace of the former and the removal of the latter from Constantinople to a command in Thrace after Promotus had assaulted Rufinus in the consistory. Promotus was attacked on his way to Thrace by a group of barbarians and killed. Rufinus was supposed to have arranged his death. 157 Both Timasius and Proculus were also removed by September at the very latest and more probably in August. 158 Therefore this law may well have been an attempt by Proculus to curry favour with Theodosius during a period of conflict within the consistory. Before his dismissal however came Tatianus’ last law on religious affairs, CTh. 2.8.21 of 27 May 392; 159 a short one line law it ordered that “all legal actions whether public or private shall be excluded from the fifteen Paschal days.” 160 Only one previous law of Theodosius ordered a court holiday for Easter (CTh. 2.18.19 of 7 August 389 to Albinus Prefect of Rome), which was also for fifteen days. Curiously, both Albinus and Tatianus were pagans and both these laws were issued during times of uncertainty for both individuals; for Albinus in the first twelve months of Theodosius' arrival in the West after his suppression of Maximus and Tatianus, at the end of that cycle when Theodosius returned to the East bringing the ambitious Rufinus with him. Therefore, like his son Proculus, Tatianus may have been attempting to ingratiate himself with the emperor. CTh. 16.4.3 of 18 July 392 to Potamius, Augustal Prefect, was similar. 161 It ordered that anyone who “disturbed both the Catholic faith and the people” and who 157 Flavius Timasius PLRE 1.914-915; Flavius Promotus: PLRE 1.750-751; Zos. 4.51.1-3 158 Tatianus’ last law is CJ 11.25.2 of September 392; more likely he was removed earlier since a series of evenly spaced laws end with CTh. 7.4.19 of 31 July 392; the September law was probably issued, but not received, when Tatianus was still in office. Proculus’ last law is CTh. 14.17.10 of 25 June 392 159 Honoré’s E11 (1998) 73 160 Actus om nes seu publici seu priv ati diebus quindecim pas(c)halibus sequestrentur 161 Potamius PLRE 1.720; Honoré’s (1998) 73-76 E11 205
also “ignored the admonition of the general law,” should be deported. The law appears to be directed against repeat offenders since it indicates that such people had failed to be “chastened by a due sentence.” 162 The vague punishment prescribed in the previous law on the subject, CTh. 16.4.2 of 16 June 388, make it difficult to determine whether the specific punishment in this law was worse, but if it was indeed directed against repeat offenders, then, on that basis, it would appear to be more tolerant. CTh. 9.45.1 of 18 October 392 was addressed to Romulus, Count of the Sacred Imperial Largesses. 163 It ordered that “public debtors” if they sought sanctuary in a church should be “either dragged out of their hiding places at once, or payment of their debts shall be exacted of the bishops who are proved to have harbored them.” The law went on to address Romulus personally (as “Your Eminent Authority”) and then to essentially repeat the earlier provisions, making it clear that “no debtor shall be defended by clerics or else the debts shall be paid by the clerics for a debtor who they suppose ought to be defended.” 164 Romanus was a Christian, but, if he suggested this law, he evidently had no desire to enhance the status of the Church whenever money was involved. Noticeably the law does not discuss the status of sanctuary, but is solely concerned with recovery of funds, which should come from the debtor or from the cleric involved. CTh. 15.5.2 of 20 May was issued to the Rufinus who replaced Tatianus as Prefect of the East, probably in 393. 165 Amongst other secular concerns, it repeated the provision of CTh. 2.8.20 that no games were to be held on Sundays in order that divine worship would not be “disturbed” (con fun dat). 162 deportation e dignus est, qui nec gen erali lege adm onitus nec com petenti sententia em endatus et fidem catholicam turbat et populum . 163 Flavius Pisidius Romulus 5 PLRE 1.771-772. Also attributed by Honoré (1998) 73 to his E11 164 publicos debitores, si confugiendum ad ecclesias crediderint, aut ilico extrahi de latebris oportebit aut pro his ipsos, qui eos occultare probantur, episcopos exigi. sciat igitur praecellens auctoritas tua n em inem debitorum posthac a clericis defendendum aut per eos eius, quem defenden dum esse crediderint, debitum esse solv endum . 165 Honoré’s E11 (1998) 73 206
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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
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Modestus returned the next day to e
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Conclusion Modestus thus appears to
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CTh 16.2.23 of 17 May 376 was issue
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CTh. 15.7.8 of 8 May 381 was issued
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have been necessary for the actress
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The law “condemn[ed] the false do
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matters of ecclesiastical disciplin
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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 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: Tatianus. 151 The law prohibited ap
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
Page 273 and 274: property. Like that previous law, t
Page 275 and 276: Although it does not actually say s
Page 277 and 278: with clubs and condemned to deporta
Page 279 and 280: CTh. 16.5.23 of 20 June 394 was iss
Page 281 and 282: natural loss of the texts (which do
Page 283 and 284: Theodosius and Judaism Theodosius o
Page 285 and 286: CTh. 3.7.2 of 14 March 388 was also
Page 287 and 288: 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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