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

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The previous law aga<strong>in</strong>st <strong>the</strong>se four named heresies, CTh. 16.5.12 of six weeks<br />

earlier, had been directed aga<strong>in</strong>st <strong>the</strong>ir meet<strong>in</strong>gs and <strong>the</strong>ir clerics and with <strong>the</strong> probable<br />

<strong>in</strong>tention of ‘strangl<strong>in</strong>g’ <strong>the</strong>m. Much of this latest law repeats <strong>the</strong> previous provisions<br />

of expell<strong>in</strong>g clerics and extended it to teachers of <strong>the</strong> faiths. However, this law only<br />

ordered that <strong>the</strong>y should be expelled from “this city” whereas <strong>the</strong> previous law had<br />

ordered <strong>the</strong>ir expulsion from all cities and returned to <strong>the</strong>ir home regions. In that<br />

sense <strong>the</strong>refore, <strong>the</strong> law was less <strong>in</strong>tolerant than <strong>the</strong> previous, but it was equally<br />

<strong>in</strong>tolerant <strong>in</strong> terms of requir<strong>in</strong>g <strong>the</strong> addressee to actively identify <strong>the</strong> “hid<strong>in</strong>g places” of<br />

<strong>the</strong> clerics and teachers. Aga<strong>in</strong>, like <strong>the</strong> previous law, this one conta<strong>in</strong>ed no<br />

punishments for <strong>the</strong> heretics, o<strong>the</strong>r than that <strong>the</strong>y be expelled from <strong>the</strong> city.<br />

There was now a gap of over three and a half years until <strong>the</strong> next Theodosian<br />

law affect<strong>in</strong>g heretics and to have had n<strong>in</strong>e laws or rul<strong>in</strong>gs on heretics <strong>in</strong> three years<br />

and <strong>the</strong>n none for almost four requires some explanation. Magnus Maximus had been<br />

proclaimed emperor by his troops <strong>in</strong> Brita<strong>in</strong> <strong>in</strong> summer 383 and had secured <strong>the</strong><br />

western portion of <strong>the</strong> emperor with <strong>the</strong> murder of Gratian <strong>in</strong> August 383 until he was<br />

himself defeated by Theodosius' forces and killed on 28 August 388. However, this<br />

important event does not appear to have left any impact on <strong>the</strong> laws <strong>the</strong>mselves nor<br />

even on <strong>the</strong> pattern of legislation s<strong>in</strong>ce laws were issued at <strong>the</strong> beg<strong>in</strong>n<strong>in</strong>g of <strong>the</strong><br />

Maximus’ revolt and at <strong>the</strong> end, periods which must have been <strong>the</strong> most uncerta<strong>in</strong> and<br />

busy for Theodosius' government dur<strong>in</strong>g this revolt.<br />

Perhaps more conv<strong>in</strong>c<strong>in</strong>g is <strong>the</strong> suggestion that <strong>the</strong> legislation was considered<br />

by contemporaries to amount to a whole; to an homogenous unit of work, at least <strong>in</strong><br />

retrospect, that is at <strong>the</strong> beg<strong>in</strong>n<strong>in</strong>g of 384, if that had not been <strong>the</strong> actual <strong>in</strong>tention of<br />

Theodosius' legislators at <strong>the</strong> beg<strong>in</strong>n<strong>in</strong>g of his reign <strong>in</strong> 379. It has been noted that two<br />

of <strong>the</strong>se n<strong>in</strong>e laws have an air of permanence to <strong>the</strong>m (CTh. 16.5.6 of 10 January 381,<br />

Theodosius' first law on heresies, and CTh. 16.5.12 of 3 December 383) and <strong>the</strong>re<br />

appears to be a unity of purpose and <strong>in</strong>tent beh<strong>in</strong>d <strong>the</strong>se n<strong>in</strong>e laws passed at <strong>the</strong><br />

233

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