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

opening: om n es om n in o “all persons absolutely.” 196 It ordered that those who were
“tossed about by the false doctrine of diverse heresies” the Eunomians, Arians,
Macedonians, Pneumatomachi, Manicheans, Encratites, Apotactites, Saccophori and
the Hydroparastatae were not to assemble, nor to “collect any multitude” which may
be a reference to the apparent practice of curious onlookers coming to view the
heretical assemblies which may have been referred to in CTh.16.5.6 of two years
previously. They were also not to “attract any people unto themselves” which may
mean they were not to carry out any conversions. They were also not to construct
churches: “not [to] show any walls of private houses after the likeness of churches” and
they were to “practice nothing publicly or privately which may be detrimental to the
Catholic sanctity.” Anyone who “transgresses what has been so evidently forbidden”
was to be expelled “by the common agreement of all good men, and the opportunity
to expel him shall be granted to all who delight in the cult and the beauty of the
correct observance of religion.” 197
This is evidently another intolerant law from Theodosius’ government in terms
of detail and thoroughness. The fact that nine sects are listed shows a degree of
comprehensiveness in the government’s approach to the problem. Equally
comprehensive are the provisions listed against carrying out conversions, converting
(though not specifically erecting) buildings into churches and finally the general catch-
all terms against doing anything detrimental to the Catholic faith. Against the
intolerance however, should be balanced the lack of punishments, other than,
presumably, exile, which for a time not specified. Also, some of the sects listed are
196 Pharr’s (1952) 452 translation “All persons whatsoever” does not appear to do justice to the full
strength of the Latin. The translation “all persons absolutely” is mine, the rest of the translation given is
Pharr’s.
197 With reference to this last passage, Honoré (1998) 51 regards the law as “blatantly populist.”
om nes om nino, quoscum que div ersarum haeresum error exagitat, id est eunom ian i, arriani, m acedonian i,
pneum atom achi m anichaei, encratitae, apotactitae, saccofori, hydroparastatae nullis circulis coeant, nullam
colligant m ultitudinem , nullum ad se populum trahant nec ad im aginem ecclesiarum parietes priv atos
ostendant, nihil v el publice v el priv atim , quod catholicae sanctitati officere possit, exerceant. ac si qui extiterit,
qui tam ev identer v etita transcendat, perm issa om nibus facultate, quos rectae observ antiae cultus et
pulchritudo delectat, com m uni om nium bonorum conspiratione pellatur
226