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

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although it should be noted that no mention of teachers was made, as had been done <strong>in</strong><br />

CTh. 16.5.13. If this is an accurate reconstruction of circumstances surround<strong>in</strong>g this<br />

law, <strong>the</strong>n it is fur<strong>the</strong>r evidence of <strong>the</strong> manoeuvr<strong>in</strong>gs by <strong>in</strong>dividuals that went on<br />

beh<strong>in</strong>d <strong>the</strong> throne to secure outcomes that suited <strong>the</strong>ir own <strong>in</strong>dividual desires.<br />

CTh. 16.5.15 of 14 June 388, was addressed to Trifolius, Praetorian Prefect of<br />

(probably) Illyricum, and was issued at Stobi as Theodosius cont<strong>in</strong>ued westward. 222<br />

Although it was short, it was also a general ‘catch-all’ law aga<strong>in</strong>st heretics and arguably<br />

excelled its predecessors <strong>in</strong> rhetoric. It began: “All members of diverse and perfidious<br />

sects, who are driven by <strong>the</strong> <strong>in</strong>sanity of a miserable conspiracy aga<strong>in</strong>st God,” were not<br />

to hold assemblies anywhere, nor to “participate <strong>in</strong> discussions, [not] to hold secret<br />

meet<strong>in</strong>gs” and not “to erect impudently <strong>the</strong> altars of a nefarious treachery by <strong>the</strong><br />

offices of an impious hand, and to present <strong>the</strong> false appearance of mysteries, to <strong>the</strong><br />

outrage of true religion.” In order that <strong>the</strong> law was to reach its “appropriate<br />

effectiveness,” Trifolius was ordered to appo<strong>in</strong>t “watchmen” to “restra<strong>in</strong> <strong>the</strong> aforesaid<br />

persons and to arrest <strong>the</strong>m and to br<strong>in</strong>g <strong>the</strong>m before <strong>the</strong> courts.” On conviction, <strong>the</strong>y<br />

were to “pay <strong>the</strong> severest penalty both to God and to <strong>the</strong> laws.” 223 This may mean<br />

death; if so, it would be Theodosius' second law on heretics (<strong>the</strong> previous was CTh.<br />

16.5.9 of 31 March 382) to order capital punishment.<br />

The brevity of <strong>the</strong> law and its comprehensive nature may well be related to <strong>the</strong><br />

fact that Theodosius was leav<strong>in</strong>g his part of <strong>the</strong> empire (Stobi is modern day Skopje <strong>in</strong><br />

Macedonia) to deal with Maximus (<strong>the</strong> most successful usurper s<strong>in</strong>ce Constant<strong>in</strong>e) and<br />

222 Also Honoré’s E8; Trifolius PLRE 1.923 who was later to become PPO Italy once Theodosius had<br />

defeated Maximus. The editors of <strong>the</strong> PLRE believe he received this law as PPO Italy, however<br />

Maximus was still <strong>in</strong> control of Italy at <strong>the</strong> date of this law, so Trifolius was probably PPO of Illyricum,<br />

which was an appo<strong>in</strong>tment that <strong>the</strong> editors also believe he held.<br />

223 om nes div ersarum perfidarum que sectarum , quos <strong>in</strong> deum m iserae v esania conspirationis exercet, nullum<br />

usquam s<strong>in</strong>antur habere conv entum , non <strong>in</strong> ire tractatus, non coetus agere secretos, non nefariae<br />

praev aricationis altaria m anus im piae officiis im pudenter adtollere et m ysteriorum sim ulationem ad<br />

<strong>in</strong>iuriam v erae religionis aptare. quod ut congruum sortiatur effectum , <strong>in</strong> specula sublim itas tua fidissim os<br />

quosque constituat, qui et cohibere hos poss<strong>in</strong>t et deprehensos offerre iudiciis, sev erissim um secundum<br />

praeteritas sanctiones et deo supplicium daturos et legibus<br />

236

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