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identical: Macedonian is another term for the Pneumatomachi and similarly the Saccophori were, as mentioned, a sect of the Manicheans. So the actual number of heretics listed by this law would, in practice, have been less than the law might lead one to believe; but equally, Manicheans would have been unable to hide behind another name by claiming to be something other than Manicheans. At the same time, few heretics would have defined themselves by the often derogatory names given in this law; for information purposes this law was directed towards the Nicene Catholics, heretics may well not have regarded its provisions as being binding on them. Postumianus was also the addressee of Theodosius' next law on heretics, CTh. 16.5.12 of 3 December 383. 198 It repeated and extended the provisions against church building that had been established by CTh. 16.5.6 and CTh. 16.5.8. It named four heresies, Eunomian, Arian, Macedonian and Apollinarian as “vicious doctrines hateful to God and man” and also included “all other sects which are condemned by the sincere faith of the true religion, according to the venerable cult of the Catholic discipline.” Such were not “to assemble congregations or to establish churches, either by public or private undertakings” either within towns or in the countryside, which is rather flowerily expressed as: “the fields and the villas.” 199 Just to reinforce the prohibition on assemblies, the law also ordered that the heretics should not perform their liturgies: “they shall not practice the ritual performance of their own perfidy or the ceremonies of their dire communion.” It also appears that they were not allowed even the liturgical forms necessary for ordaining priests: “they shall not usurp and have any ordinances for creating priests.” 200 198 Also attributed by Honoré (1998) to his E4, Maternus Cynegius. 199 v itiorum institutio deo atque hom in ibus exosa, eunom iana scilicet, arriana, m acedon iana, apollinariana ceterarum que sectarum , quas v erae religion is v enerabili cultu catholicae observ antiae fides sincera condem nat, neque publicis neque priv atis aditionibus intra urbium adque agrorum ac v illarum loca aut colligendarum congregationum aut constituendarum ecclesiarum 200 nec celebritatem perfidiae suae v el sollem nitatem dirae com m unionis exerceat, neque ullas creandorum sacerdotum usurpet adque habeat ordination es 227
The law then went on to detail the punishments. Properties “where crowds of such teachers and ministers are collected at the time of Easter” were to be forfeited to the treasury, whether they were “in cities or in any places whatsoever” where such heretics gathered. Moreover, the law was to be actively enforced: heretics “who are accustomed to practice either the doctrines or the mysteries of such assemblages shall be diligently sought out from all cities and places.” Once found, they were to be “constrained by the vigour of the published law,” expelled from the assemblies and ordered to “return to the countries of their origin in order that none of them may have the power to go to any other place whatsoever, or to wander away to any cities.” The law also obliged “the office staffs of the provincial judges and the chief decurions of the cities” to suffer a “sentence of condemnation” if it was “proved” that an assembly had taken place in an area under their jurisdiction. 201 This law was intolerant because it sought to ‘strangle’ heresies by denying them the ability to perpetuate themselves through ordaining their own clergy. Thus, unlike earlier laws which were more concerned with the actual practice of heresy, this law implies, though does not specifically state, that there something objectionable simply in being a heretic; or at least a heretic cleric. As such there is a degree of permanence in this law, as there had been in CTh. 16.5.6. Furthermore, it appears that Postumianus was required to actively seek out heretical activities: heretics and their “assemblages shall be diligently sought out” as Florus had been required to do in his CTh. 16.5.9, although admittedly the order to Postumianus was not as definite as that to Florus had been. However, against all this is the fact that the order to confiscate houses, in which heretics assembled, ends with the words “at the time of Easter.” This sentence gives the impression that buildings in which heretics met would only be 201 eaedem quoque dom us, seu in urbibus seu in quibuscum que locis paschae turbae professorum ac m inistrorum talium colligentur, fisci nostri dom in io iurique subdantur, ita ut ii, qui v el doctrinam v el m ysteria conv entionum talium exercere consuerunt, perquisiti ab om nibus urbibus ac locis propositae legis v igore constricti expellantur a coetibus et ad proprias, unde oriundi sunt, terras redire iubeantur, ne quis eorum aut com m eandi ad quaelibet alia loca aut ev agandi ad urbes habeat potestatem . quod si neglegentius ea, quae serenitas nostra constituit, im plean tur, officia prov incialium iudicum et principales urbium , in quibus coitio v etitae congregation is reperta m on strabitur, sententiae dam nationique subdantur 228
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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
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Heretics appear to have been the gr
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against apostates; 5 nine were on p
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“smitten first by divine vengeanc
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expectation for the future progress
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sanctity of the divine law commit s
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9.38.3 of 367 Valentinian had order
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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 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: opening: om n es om n in o “all p
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
Page 297 and 298: this law, were members of Flavianus
Page 299 and 300: eign, to genuinely attempt to maint
Page 301 and 302: protect all festivities that were t
Page 303 and 304: aspect of this law is that Dexter i
Page 305 and 306: immediately be compelled to pay fif
Page 307 and 308: “political clumsiness in the timi
Page 309 and 310: 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
Page 333 and 334:
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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