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Theodosius supported the petitioners’ request that they should not be attacked by the Arians and at the same time did not order specific punishments against the Arians. 206 Cynegius was therefore ordered to “let them [the Luciferians] enjoy their own way of life wherever they shall wish; let them enjoy divine love in respect to the Catholic faith.” 207 Some implied action appears to have taken place against the Arians; Theodosius referred to the “patience of Almighty God has been moved to so great an extent that the punishment, which is due to guilty persons after death, they should suffer before death in an example for all.” But then he said that this apparent action has not succeeded and that they, the Arians, were still “assailing Catholics.” Thus, the law implies that some action had indeed been taken against heretics, in a manner following that of God’s, as outlined in the Cun ctos Populos law of two years earlier, but quite what, remains unknown. The ruling gives some indication of how contemporaries viewed the doctrinal controversies that had occurred thirty years earlier under Constantius. At that time the Arians had “perverted the minds of many persons by detestable ingratiation” which is probably an observation on the diplomatic success of the Arians in securing positions in the Imperial court. It also refers to the “antiquity of the whole age” which had been altered “at the persuasion of certain persons” the result of which had been “the innocent driven into exile for the faith” who, it exaggerates, “laid down their life.” 208 Theodosius left the reader in no doubt as to his full belief in the Catholic version of Christianity; “heretical superstition” was “contrary to the Catholic faith” 209 206 King (1961) 52 believes that Theodosius, like the Luciferians, had a rigorist attitude towards religion and in particular against those who had erred from the faith. 207 2.a.7 Utantur, quo in loco v olv erint, proposito suo, utantur ad catholicam fidem am ore div ino. 208 2a.3 Nam et unde exorta et quo prov ecta auctore fuisset, aperv it, quipped cum persuasu quorundam totius saeculi antiquitate m utate acti pro fide in exilium innocents v itam cum sum m a laude posv erunt. 209 2a.3 Haereticae superstitionis, quae contraria est fidei catholicae 231
and without the Catholic faith “we cannot be saved.” 210 However, whether this version was, in his eyes, authoritatively followed by the Luciferians may be open to doubt with regard to his opening remarks against adding anything to the faith. The Luciferians’ petition gave Theodosius the opportunity of expressing his support for the Catholics and with that his disapproval of Arians. However, he does not mention, still less support, the ultra orthodox stance of the Luciferians; other than supporting the Catholic position, his most affirmative action was to order Cynegius to ensure that the Luciferians could practice their beliefs without being attacked and the preservation of peace may have been the most prominent concern in Theodosius' calculations, rather than expressing solidarity with the Luciferians as King believes. CTh. 16.5.13 of 21 January 384 was addressed to Cynegius, now in position as Praetorian Prefect of the East. 211 Again, the Eunomians, the Macedonians, the Arians and the Apollinarians were specifically targeted, all of whom were “infamous for their false doctrines,” 212 but in particular, the law also appears to target the teachers of these sects. It ordered that those who “vindicate for themselves the pontificate or the ministry” of such sects, the names of which had “been outlawed,” and became “ministers of a criminal religion” or “who say that they teach those doctrines which it would be seemly either not to know or to unlearn shall be driven from all the hiding places of this city without the intervention of any favouritism.” 213 Their hiding places were to be “spied out with a diligent search.” No punishments were given and the law ordered that the heretical clerics were to “live in other places.” 214 210 2a.8 sine qua salv i esse non possum us. 211 Honoré’s (1998) 52-53 E5 whom he believes was probably a lawyer and possibly a Christian and who had, according to Honoré a “plain style, with brief sentences that eschew literary ornament.” Quote at 52 212 pro suis erroribus fam osa sunt nom ina; “false doctrines” is quite a harsh translation for erroribus, “errors” might be better. 213 Om nes itaque, qui harum professionum v el pontificium sibi v el m inisterium v indicarunt, qui se fugati nom inis adserunt sacerdotes quique in crim inosa religion e m inistrorum sibi n om en inponunt, qui docere se dicunt, quod aut nescire aut dediscere sit decorosum , om nibus huius urbis latebris indagine curiosiore perspectis sine ulla gratiae interv ention e pellantur. 214 In aliis locis v iv ant ac penitus a bonorum congressibus separentur. 232
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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
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emperor said that “A bishop is no
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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 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: ishops if they had fraternised with
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
Page 311 and 312: cities. Decurions and defenders wer
Page 313 and 314: 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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