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holy places” from demands and such “holy places” could quite plausibly have referred to synagogues and temples as well as to churches. Another tendency is exactness; in particular Episcopis tradi (CTh. 16.1.3) of 30 July 381 and to a less extent Cun ctos populos, are both precise as to whom (and therefore by implication what) in the Church should be regarded as Orthodox; indeed the comprehensiveness of Episcopis tradi is as much an indicator of intolerance as any other criteria since it ensured that there was room only for Nicene churches (at least in this diocese). At the same time however it avoided making martyrs, it did not condemn any particular cleric and indeed did not even provide some punishments of which aspiring martyrs could have availed themselves. Thoroughness could also work against the interests of the Church. Tatianus’ CTh. 16.2.27 of 21 June 390 was, like many of Tatianus’ laws, contrary to the interests of the Church and of clerics. It was also long and detailed, and to such a degree that the only way in which the Church could circumvent its provisions was with the complete repeal of the law. The legislation which is addressed to Tatianus on the Church and Christianity deserves special attention. It could be argued that much of the legislation which is addressed to him was actually inspired, proposed and then issued to others, i.e. the provincial governors under his jurisdiction in the eastern prefecture, and that it is only by chance that the copies sent to Tatianus were the versions that the commissioners decided to include in the Code. But there are also indications to suggest that a single hand lay behind many of the laws addressed to him. They are often markedly longer than other laws, length is problematic when dealing with edited texts, but it may reasonably be proposed that if edited texts are longer than other edited texts, then in their original states they would also have been longer. Similarly, they are often more detailed than laws on similar subjects (e.g. CTh. 11.16.18 and 12.1.123). Also, they are sometimes concerned with unusual subject matter; shaven headed women and deaconesses in CTh. 16.2.27 for instance and all of 209
the legislation on monks in the code (albeit only two laws) was addressed to Tatianus. Moreover, whilst Tatianus was the recipient for a disproportionate amount of the total legislation on the Church and Christianity (ten and possibly eleven or twelve out of a total of thirty) he received (as will be shown below) only three laws on heresy, one on Judaism and none on paganism; if it is mere chance that the surviving copies of these laws on the Church were addressed to Tatianus, (rather than anyone else) then it would be reasonable to expect a similar disproportion in laws on other subjects. Also, elements in this body of legislation appears to make a determined effort to undermine the Church, insofar as was possible; and maintaining that possibility necessitated balance and subtlety: Tatianus had to blend anti-Christian with pro- Christian measures. That said, however, his first law, CTh. 9.35.5 of 6 September 389, actually advanced the cause of Christianity by banning corporal punishment during Lent without any apparent anti-Christian measures. His next law, CTh. 12.1.121 of 27 June 390 on clerics and councils was similarly balanced; it provided clerics with immunity for their property if they had left the councils more that two years previously, but for those who had done so since that date it was particularly severe and took the unprecedented, and arguably vindictive, step of stripping them of all their wealth. Tatianus CTh. 11.16.18 of 5 July 390 listed those granted exemptions from most, but not all, liturgies. Its anti-Christian nature lies it its subtlety; it had a sense of personalism throughout it, referring to individuals as exempt because they were engaged in a particular profession, except for the clerics, who were not mentioned by their profession; as far as the law reached in exempting them was to refer to “the churches” as enjoying “similar” grants. Moreover, the law presented exemptions as being almost gifts of the emperor and not inherent to any particular office or rank. With his CTh. 9.40.15 of 3 March 392 Tatianus did not have to give any quarter to the Church since it was concerned only with preventing abuses committed by clerics. However, it may be reasonably doubted whether an unpartisan approach 210
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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
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More interesting though is the atta
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stated in this law, would have been
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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 and 238: Tatianus. 151 The law prohibited ap
Page 239 and 240: also “ignored the admonition of t
Page 241: Conclusion: Theodosius and the Chur
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
Page 289 and 290: forbidden by no law.” As such, Th
Page 291 and 292: 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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