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and 14 respectively). A similar campaign of attrition was launched on the Manicheans; but that was personal and appears to have been directed towards the elimination of their wealth. A tactic which appears not to have been applied to the more obviously Christian heresies, although CTh. 16.5.21 may be an exception to that reconstruction. Nevertheless and one of the most striking features of the legislation, and in contrast to the high degree of rhetoric and invective employed, is the lack of punishments found in most of the laws. Beyond the actual provisions contained in the laws such as confiscation of property and ineligibility to inherit or bequeath wealth through wills or exile, (all of which may be regarded as instrumental to the laws themselves rather than as punishments) there are only four laws which give punishments: CTh. 15.5.6 appears to order branding, CTh. 16.5.9 which seems to order torture and the death penalty, CTh. 16.5.15 also appears to order the death penalty and finally CTh. 16.5.21 which ordered large fines. Unlike under previous emperors, no official emerges who appears to have had a particular desire to target a specific religious group. Although Postumianus, a Christian, was the addressee and therefore possibly the proposer of the comprehensive laws CTh. 16.5.11 and 12, and Eutropius, a pagan, was also the addressee of the comprehensive CTh. 16.5.6 and the retrospective CTh. 16.5.7. Eutropius was probably also responsible for CTh. 16.5.8 which prohibited the building of churches by heretics and the confiscation of the property on which they were sited so possibly he was also instrumental in the apparent building of pressure on heretics through successive laws which impeded their freedom of assembly, construction of churches and transmission of their beliefs through the prohibition of ordinations and teachings. 249
Theodosius and Judaism Theodosius only issued six laws affecting the Jews and two of them were concerned with regulating Jewish – Christian relations. Theodosius' first law was one of these. CTh. 3.1.5 of 22 September 384 to Cynegius, Praetorian Prefect of the East. 249 It prohibited Jews from buying, converting or owning a Christian slave. It began: “No Jew whatever shall purchase a Christian slave or contaminate an ex- Christian with Jewish religious rites.” If this did happen then “a punishment suitable and appropriate for the crime” was to be imposed upon the owner and the slave would be “forcibly taken away,” which probably means without compensation. The law also ordered that slaves who were “either still Christians or ex-Christian Jews” then they would be “redeemed from this unworthy servitude by the Christians upon payment of a suitable price.” 250 Linder, following others, believes that this single law is actually two laws, separately issued, and made into one by the Visigothic interpreters of the Theodosian Code. However, the law is concerned with two different means by which Jewish owners might have acquired Christian slaves: by purchase (in the first part) and by any other means (in the second part) such as inheritance. Thus there is probably no “contradiction” in this law, as claimed by Linder. 251 Evidently the law was concerned with ensuring that Christian slaves could not be owned by Jews, nor converted to Judaism by their masters. That first section of the law is curious as it referred to “ex-Christians” being subject to Jewish rites; this might be a euphemism for forced or coerced conversion, or perhaps, it is a reference to the 249 Maternus Cynegius 3 PLRE 1.235-236; Honoré’s (1998) E5 52-53, who Honoré suggests may have been a Christian. 250 ne quis om nino iudaeorum christianum com paret serv um nev e ex christiano iudaicis sacram entis attam inet. quod si factum publica indago com pererit, et serv i abstrahi debent, et tales dom ini congruae atque aptae facin ori poenae subiaceant: addito eo, ut, si qui apud iudaeos v el adhuc christiani serv i v el ex christianis iudaei reperti fuerint, soluto per christianos com petenti pretio ab indigna serv itute redim antur 251 Linder (1987) 174-177 250
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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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dismissive attitude towards Christi
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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
Page 235 and 236: disadvantageous to clerics, but at
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
Page 265 and 266: and without the Catholic faith “w
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: natural loss of the texts (which do
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
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
Page 329 and 330: Green, R.P.H. (1991) The Works of A
Page 331 and 332: 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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