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

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Conclusion: Theodosius and <strong>the</strong> Church:<br />

In conclusion <strong>the</strong>refore, <strong>the</strong>re is little evidence <strong>in</strong> Theodosius' legislation on <strong>the</strong><br />

Church and Christianity to justify <strong>the</strong> persistent image of Theodosius as a staunch<br />

defender of <strong>the</strong> Church, stand<strong>in</strong>g at <strong>the</strong> vanguard of its <strong>in</strong>terests and <strong>in</strong>exorably<br />

advanc<strong>in</strong>g <strong>the</strong>m towards <strong>the</strong> summit of power and prestige which it is regarded to be<br />

on <strong>the</strong> very edge of acquir<strong>in</strong>g at <strong>the</strong> end of this period. Ra<strong>the</strong>r, <strong>the</strong> Church does not<br />

appear to stand <strong>in</strong> a significantly more privileged position <strong>in</strong> 395 than it had <strong>in</strong> 379.<br />

However, what does emerge <strong>in</strong> Theodosius' legislation are a number of tendencies<br />

which are often apparent <strong>in</strong> his legislation: one is that of subtlety, which at times<br />

appears to border on <strong>the</strong> vague and a second, less common, is that of a heighten<strong>in</strong>g of<br />

rhetoric. A good example of both <strong>the</strong>se tendencies is <strong>the</strong> most famous and emblematic<br />

of Theodosius' laws, <strong>the</strong> Cun ctos populos of 28 February 380; short and dramatic <strong>in</strong> its<br />

requirements, as well as novel <strong>in</strong> its descriptive forms, but unclear <strong>in</strong> its geographical<br />

scope, hopeful, ra<strong>the</strong>r than imperative <strong>in</strong> terms of compliance, and with undef<strong>in</strong>ed<br />

punishments that would take <strong>the</strong>ir <strong>in</strong>itiative from God.<br />

In <strong>the</strong>se laws, ambiguity appears to work <strong>in</strong> two ways: <strong>in</strong> <strong>the</strong> case of CTh.<br />

16.2.25 of 28 February 380, which reads like a statement of fact, was potentially highly<br />

<strong>in</strong>tolerant, because it stated that it was sacrilege to offend, ei<strong>the</strong>r through negligence or<br />

even through ignorance, <strong>the</strong> “div<strong>in</strong>e law.” The law failed to def<strong>in</strong>e “div<strong>in</strong>e law,” as<br />

well as what negligence or ignorance of it might be, and <strong>the</strong>refore an almost limitless<br />

number of people could have been subject to <strong>the</strong> caprices of this law. Perhaps <strong>the</strong><br />

most significant and concrete contribution of this law to <strong>the</strong> religious agenda of<br />

Theodosius' government lay <strong>in</strong> <strong>the</strong> atmosphere which it may have created amongst <strong>the</strong><br />

recipients; it may have been perceived to have reduced <strong>the</strong> bounds of acceptable<br />

behaviour <strong>in</strong> religion and hence made more specific (and equally <strong>in</strong>tolerant) legislation<br />

<strong>in</strong> <strong>the</strong> future more acceptable. Alternatively however, ambiguity could work <strong>the</strong><br />

o<strong>the</strong>r way. CTh. 16.2.26 of 31 March 381 was ambiguous <strong>in</strong> exempt<strong>in</strong>g “guardians of<br />

208

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