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egarded as a ‘tourist attraction’ for the ordinary citizens of a city or perhaps, more plausibly, that the actual heretics that the laws was targeting and referring to were the clerics and leaders of the heretical movements and that those who attended services conducted by such were the “crowds” and not regarded as heretics as such. 170 However, a less charitable translation of the text could be “the crowds of all heretics are to be kept away from illegal congregations.” Even if that is closer to the original intent of the law, however, it indicates that there was nothing inherently illegal in being a heretic, according to this law, but rather the illegality rested in the practice of heresy in a group, or congregation. In the second sentence of that first paragraph the law appears to change direction somewhat and turns to the second and doctrinal issue which stated what should be the case. “The name of the One and Supreme God shall be celebrated everywhere; the observance, destined to remain forever of the Nicene faith, as transmitted long ago by our ancestors and confirmed by the declaration and testimony of divine religion, shall be maintained.” The law then changed direction again and went on to condemn three named heresies: “the contamination of the Photinian pestilence [which held that Christ was born a man and only later became the son of God via the descent of the Holy Spirit, Who was in turn part of God], the poison of the Arian sacrilege, the crime of the Eunomian perfidy [which held that the Son was unlike the Father], and the sectarian monstrosities, abominable because of the ill- omened names of their authors, shall be abolished even from the hearing of men.” 171 These three heresies were all essentially of the Arian type. The second paragraph dwelt on the positive and defined those of the “acceptable religion” but did so through dogma and theology, rather than through 170 Arceantur cunctorum haereticorum ab illicitis congregation ibus turbae. 171 unius et sum m i dei nom en ubique celebretur; nicaenae fidei dudum a m aioribus traditae et div inae religionis testim onio atque adsertione firm atae observ antia sem per m ansura teneatur; fotinianae labis contam inatio, arriani sacrilegii v en enum , eunom ianae perfidiae crim en et nefanda m onstruosis nom inibus auctorum prodigia sectarum ab ipso etiam abolean tur auditu 213
giving a list of bishops as had been the case with CTh. 16.1.2 and CTh. 16.1.3. The dogma given followed, with some variations, the Nicene creed of 325, and indicated that a “defender of the Nicene faith and a true adherent of the Catholic religion” was one who confessed that “Almighty God and Christ the Son of God are One in name, God of God, Light of Light.” The law then went on to deal with the still unresolved question of the Holy Spirit in the Godhead. Cun ctos populos (CTh. 16.1.2) had been direct and simple, affirming the “single Deity of the Father, the Son and the Holy Spirit, under the concept of equal majesty.” This law was also direct, but also more technical than Cun ctos populos; it affirmed that a true Nicene did not “violate by denial the Holy Spirit.” A true Nicene would also “with inviolate faith” believe in the “undivided substance of the incorrupt Trinity, that substance which those of the orthodox faith call, employing a Greek work, ousia.” All of these beliefs were “surely more acceptable to us and must be venerated.” 172 The final and third paragraph dealt with punishments and future courses of action. Those who were not “devoted to the aforesaid doctrines shall cease to assume, with studied deceit, the alien name of true religion” and “they shall be branded upon the disclosure of their crimes.” They were also forbidden access to churches since “we forbid all heretics to hold unlawful assemblies within the towns.” Any “factions” attempting to “do anything, we order that their madness shall be banished and that they shall be driven away from the very walls of the cities” so that all churches could be restored to Nicene bishops. 173 172 Is autem nicaenae adsertor fidei, catholicae religionis v erus cultor accipiendus est, qui om nipotentem deum et christum filium dei uno nom ine confitetur, deum de deo, lum en ex lum ine: qui spiritum sanctum , quem ex sum m o rerum parente speram us et accipim us, negando non v iolat: apud quem intem eratae fidei sensu v iget incorruptae trinitatis indiv isa substantia, quae graeci adsertione v erbi ousia recte credentibus dicitur. haec profecto nobis m agis probata, haec v eneranda sunt 173 Qui v ero isdem non inserv iunt, desinant adfectatis dolis alien um v erae religionis nom en adsum ere et suis apertis crim in ibus denotentur. ab om nium subm oti ecclesiarum lim ine penitus arceantur, cum om nes haereticos illicitas agere intra oppida congregation es v etem us ac, si quid eruptio factiosa tem ptav erit, ab ipsis etiam urbium m oenibus exterm inato furore propelli iubeam us, ut cunctis orthodoxis episcopis, qui nicaenam fidem tenent, catholicae ecclesiae toto orbe reddantur 214
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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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property to another who would then
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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
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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: Theodosius and Heretics. As has alr
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,
Page 293 and 294: CTh. 16.7.2 of 20 May 383 was addre
Page 295 and 296: “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
Page 331 and 332:
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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