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

“abrogated” and that no such order had come from Theodosius. If any Arian were to
continue to cite such “pseudo regulations, he shall be held guilty of forgery.” 216
CTh.16.5.14 of 10 March 388, extended the injunctions listed in CTh. 16.5.12
and 13 to the Apollinarians; it was also addressed to Cynegius and was delivered at
Thessalonica when Theodosius began his march westward to eliminate Maximus. 217
The Apollinarians, and “all other followers of diverse heresies shall be prohibited from
all places” and specifies that one of these places was to be the cities; no specific mention
of the countryside was made. 218 They were also forbidden to ordain clerics and
bishops, and their bishops were not to call themselves bishops, nor were they to
assemble congregations “in public or private churches.” 219 Furthermore, unlike CTh.
16.5.12 no festival (such as previously Easter) was specified. The law ordered rather
vaguely that the clerics should “go to places which will seclude them most effectively,
as though by a wall, from human association,” which presumably meant exile in a
rural, isolated location; this was the only punishment or penalty proscribed. 220 Finally
the right of appeal to Theodosius was denied. 221 The denial of appeals, combined with
the repetition of the provisions of those earlier laws, may indicate that (possibly in
particular) the Apollinarians, one of the four named heresies in Cynegius’ CTh.
16.5.12 and 13, were appealing against the provisions of those laws, and possibly with
some success. As such this law may have been intended by Cynegius as the final word
on this matter: no churches, no clerics or bishops for the heretics, and no arguments;
216
nonnullos arrianorum form am nostrarum talem proferre iussionum com perim us, ut his liceat usurpare
quae his v ideantur utilitatibus conv enire. qua sublata sciant n ullam huiusm odi iussionem e nostro sacrario
profluxisse. quidquid itaque fuerit ab his pro eorum com m oditate prolatum , ut falsi reus teneatur, qui deinceps
ea circum tulerit.
217
Attributed by Honoré (1998) 56-57 to his E8; Seeck (1919) 273, 275 for Theodosius' march westward
in 388
218
apollinarianos ceterosque div ersarum haeresum sectatores ab om nibus locis iubem us inhiberi, a m oen ibus
urbium , a congressu honestorum , a com m union e sanctorum
219
clericorum non habean t potestatem colligendarum congregationum v el in publicis v el in priv atis ecclesiis
careant facultate nulla his episcoporum faciendorum praebeatur auctoritas; ipsi quoque episcopi nom ine
destituti appellationem dignitatis huius am ittant
220
adeant loca, quae eos potissim um quasi v allo quodam ab hum ana com m unione secludant
221
his etiam illud adnectim us, ut supra m em oratis om n ibus adeundi atque interpellandi serenitatem nostram
aditus denegetur
235