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However, this law specified a personal fine and in the case of tenants and estate supervisors, ten pounds of gold (or 720 solidi) would have been a crippling, and practically impossible, amount for such an individual to bear; plus, of course, any defendant would also have been liable for court costs. The annual salary of an “estate administrator” (pronohthv~) has been given as two and a half solidi. However, Jones indicates that a certain Serenus paid an estate twelve solidi for being appointed as estate supervisor and therefore, Jones concludes that “estate administrators” were able to earn considerably more “on the side” than just their salaries. Nevertheless, even if an administrator had received a ten-fold return on his investment (which is probably unlikely) the fine would still be equivalent to six years’ gross salary. 239 The apparently astronomical levels may have been designed as a deterrent, and this is likely to have been the case in the collective fines levied on the bureaucrats in the previous three laws. However, the sums are plainly grossly disproportionate and, moreover, the offenders themselves, as well as their collaborators, were (uniquely) targeted. CTh. 16.5.22 of 15 April 394 was an eleven word sentence issued to Victorius, Proconsul of Asia, but may have been originally addressed to Rufinus, who was by now the Praetorian Prefect of the East. 240 In full, the law reads: “Heretics shall have authority neither to create nor legally to confirm bishops.” 241 This law therefore repeats the provisions of CTh. 16.5.14 of 10 March 388 and made the prohibition on bishops more explicit than that earlier law which had specified Apollinarians and other “diverse heresies.” Like that previous law, no punishments for creating or confirming bishops were given. 239 Jones (1986) 806-807; See Curchin (1986) 177-187, esp. 179 for the official wage (25 denarii a day) of an agricultural worker according to Diocletian’s price edict. On purchasing power of a solidus see Kelly (2004) 139-142 who reckons that “a single working person could live for several months” on a solidus. Kelly also gives costs for litigation. 240 Victorius 2 PLRE 1.965; also Honoré’s (1998) E11 241 Haeretici neque episcopi faciendi potestatem neque episcoporum confirm ations licitas habeant. 245
CTh. 16.5.23 of 20 June 394 was issued six months before Theodosius' death and was addressed to Rufinus. 242 It was the only Theodosian law on heretics that was obviously and positively conciliatory towards the named group. It was directed towards the Eunomians, the semi Arian heretics who maintained that the Son was unlike the Father, and referred to Theodosius' CTh. 16.5.17 of 4 May 389 which had prevented Eunomians from bequeathing any property in a will or from receiving any property from an Eunomian; it was also retrospective. This latest law stated: “on fuller deliberation, indeed, we now revoke the aforesaid law. They shall live under the common law; they may appoint and likewise be appointed as heirs in written wills.” 243 CTh. 16.5.24 of 9 July 394 to Rufinus was Theodosius' last law on heretics. It was again apparently directed against all heretics, although it does not say as much, and was again directed against teachers of heresies as well as their clerics. 244 It ordered that the “madness of heretics shall not attempt further to perpetrate the criminality which they have devised nor to hold unlawful councils. Nowhere shall they attempt to teach or learn their profane doctrine.” 245 Also, heretical bishops “shall not dare to teach a faith which they do not have and to create ministers who are not ministers.” 246 The law finished by warning that “such audacity shall not be neglected nor increase through the connivance of judges or any person to whom the care of this matter was entrusted through the constitutions of our father.” 247 This law therefore echoes the provisions of previous laws against the ordination of clerics and against the teaching of heretical doctrines, most notably, it recalls CTh. 242 Also Honoré’s E11 243 quam quidem nunc consilio pleniore rev ocam us. v iv ant iure com m uni, scribant pariter ac scribantur heredes 244 Honoré (1994) 78-80 does not assign this law to any single quaestor, since he identifies only four from this period (of Theodosius' absence from Constantinople) and he believes that this is too few to identify the hand of a individual quaestor. 245 haereticorum dem entia nec ulterius conetur perpetrare quae reppererit nec illicita habere concilia, nusquam profana praecepta v el docere v el discere 246 ne antistites eorundem audeant fidem insinuare, quam non habent, et m inistros creare, quod non sunt 247 ne per con iv entiam iudicantum om nium que, quibus per constitutiones paternas super hoc cura m andata est, eiusm odi audacia neglegatur et crescat 246
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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
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contributed to its composition. Ind
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Const. Sirm. 3 of 4 February 384 to
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laws prescribe” i.e. with torture
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ecause this amnesty refers to freei
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eaction to a perceived assault on t
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loyalty to Theodosius. It would be
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for replacements on the councils. 1
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Page 231 and 232: interestingly, the law (or more acc
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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 and 264: ishops if they had fraternised with
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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: with clubs and condemned to deporta
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
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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
Page 315 and 316: matter and nature of the law, then
Page 317 and 318: thereby, perhaps, it was thought th
Page 319 and 320: Mommsen, T. (1870) “Carm en codic
Page 321 and 322: The Interlinear King James V - New
Page 323 and 324: Secondary Sources Adler, C. and Sin
Page 325 and 326: Wisconsin. (1982) Society an d the
Page 327 and 328: 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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