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However, Caecilian’s apparent disapprobation of the esteem which the martyrs enjoyed was not an indictable offence, but was probably the most significant underlying factor leading to the enmity of many, especially Numidian bishops, and hence to the actual beginning of the schism. Officially however, his opponents focused on the involvement of an alleged traditor, Felix of Apthungi, in Caecilian’s enthronement. Such an involvement would, of course, on the precedents set under Cyprian, render Caecilian’s position invalid. Caecilian was accepted by all the important sees without objection, except Secundus of Tigisis in Numidia who went to Carthage with seventy Numidian bishops and held a council, to which Caecilian was invited, in order to investigate the allegations. Caecilian naively offered to be re- enthroned if the Numidians could prove that Felix was a traditor. This apparent admission of guilt hardened the Numidians’ resolve and the council condemned Caecilian and declared that traditores could only be readmitted after rigorous penance. Caecilian was replaced as bishop by Majorinus (a servant of the humiliated Lucilla) and the Numidians returned home. Majorinus died soon afterwards and was replaced by Donatus. 18 As it happens, Felix was declared innocent of traditio by an imperial investigation in 314 or 315, but that mattered little to the infant Donatist Church. 19 Optatus’ statement that the schism “was brought forth by the anger of a humiliated woman [Lucilla], nourished by ambition, strengthened by avarice [of Botrus and Celestius]” 20 may be partially correct, but at best it ignores any underlying tensions within the African church that expressed themselves through Caecilian’s encounter with Lucilla and, as part of that, the considerable veneration that many North African Christians felt for the martyrs, (whose provenance they, more than the Church decided) which was equally opposed by other North African Christians. The government became involved in the dispute almost immediately after Constantine had secured the west and (in practice) by default. In the winter of 312/13 18 Opt. 1.19-20; Frend (1952) 18-20 19 Opt App 2 in Maier (1987) 175-87; Frend (1952) 22 20 Opt. 1.19 Scism a igitur illo tem pore confusae m ulieris iracun dia peperit, am bitus nutriuit, av arita roboruit 57
Constantine ordered the restoration of Church property in the “Edict of Milan.” 21 At the same time, the order was repeated in a letter to Anullinus the proconsul of Africa. 22 Constantine also wrote to Caecilian informing him that he had instructed Ursus the ration alis in North Africa to give 3,000 folles to Caecilian for his use. 23 Caecilian was also assured that should he need any more then he should not hesitate to seek them from the procurator Heraclides. 24 This letter has been taken by Frend in particular, and Barnes to a lesser extent, to indicate the prejudging of the schism by Constantine. 25 The letter certainly indicates that Constantine was aware of a problem in the North African Church, and he instructed the proconsul Anulinus and Patricius the Vicar 26 not to ignore any incidents in which people “of unstable mind are desirous of turning aside the laity.” 27 Caecilian was also encouraged to report such incidents to Anulinus and Patricius. But this is all the knowledge that Constantine displays about the controversy and he would appear to be incorrect; at this stage the controversy was, of course, restricted to the episcopacy and on the validity of the contesting claims and had little to do with “the laity” as Constantine's letter would seem to suggest. With regard to this final concern, if anything may be inferred, it may be a concern with public order, rather than any concern with strictly Episcopal matters. But it seems more likely to indicate that the emperor, far from having formed any opinion or policy towards the anti-Caecilianist party, was carefully navigating his way in an area and with factions with which he was at best unfamiliar and at worse ignorant. Constantine was doubtless far too clever to allow himself to become embroiled in factionalism this early in his reign, not least because it would have potentially weakened his authority in a part of the empire only very recently under his 21 Lact. DMP 48.2-12; Eus. HE 10.5.2-14; Corcoran (2000) 158-160 22 Eus. HE 10.5.15-17; Maier (1987) 138-139; Corcoran (2000) 153, 335 nd; Anullinus 2 PLRE 1.78-79 23 Eus. HE. 10.6.1-5; Maier (1987) 140-142; Corcoran (2000) 153; Ursus 2 PLRE 1.988 24 Heraclides 2 PLRE 1.417 25 Barnes (1981) 56; Frend (1952) 145 26 Patricius 1 PLRE 1.673 27 Eus. HE. 10.6.4: kai; ejpeidh; ejpuqovmhn tina;~ mh; kaqestwvsh~ dianoiva~ tugcavnonta~ ajnqrwvpou~ to;n lao;n th`~ aJgiwtavvth~ kai; kaqolikh`~ ejkklhsiva~…bouvlesqai diastrevfein ktl. 58
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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
Page 21 and 22: laws.” 32 Then the law changed it
Page 23 and 24: superstitioni an official stamp of
Page 25 and 26: tones; there was little room for fa
Page 27 and 28: and not to “heretics and schismat
Page 29 and 30: natural law. The law also refers to
Page 31 and 32: existing (lost) law. The law prohib
Page 33 and 34: addressees own sensibilities certai
Page 35 and 36: little to suggest that Constantius
Page 37 and 38: does say in simpler terms). But wha
Page 39 and 40: exercise an undue influence, or pow
Page 41 and 42: valued moderation in law. An inscri
Page 43 and 44: 16.10.2 that the earlier prohibitio
Page 45 and 46: that Magnentius was favourable to p
Page 47 and 48: August 339. The language of the law
Page 49 and 50: poen a capitis “capital punishmen
Page 51 and 52: CTh 9.16.5 of 4 December 357, which
Page 53 and 54: high rank” were exempt from tortu
Page 55 and 56: loyalty to his faith and emperor an
Page 57 and 58: privilege and also to the types of
Page 59 and 60: and therefore as exempt because it
Page 61 and 62: the use of fraudulent tricks,” 20
Page 63 and 64: administrative arrangement such as
Page 65 and 66: Conclusion The surviving legislatio
Page 67 and 68: Chapter 2: Constantine and the Dona
Page 69 and 70: confined to the east, ordered sacri
Page 71: their deaths as well as organising
Page 75 and 76: eferences to clerics who did not co
Page 77 and 78: that, considering the letters prese
Page 79 and 80: pronounced Caecilian’s good name
Page 81 and 82: had not conformed to the judgement
Page 83 and 84: sacred religion”. It looks as if,
Page 85 and 86: intensity and range of such ‘shar
Page 87 and 88: of God was such that even at this l
Page 89 and 90: and therefore Caecilian’s enthron
Page 91 and 92: Donatists’ case against Caecilian
Page 93 and 94: Although in this letter the bulk of
Page 95 and 96: the instructions of a greater (and
Page 97 and 98: Nevertheless the next step was inde
Page 99 and 100: was not an agent for the Church, bu
Page 101 and 102: possibly to impose a curfew on them
Page 103 and 104: Therefore, the persecutions proved
Page 105 and 106: e under, although he did draw atten
Page 107 and 108: Church was always regarded as valid
Page 109 and 110: “heresy and schism proceeds from
Page 111 and 112: Chapter 3: The Valentiniani Jovian:
Page 113 and 114: Alexandria and, moreover, Jovian sa
Page 115 and 116: clerics who had been banished by Co
Page 117 and 118: unknown, but Jovian did receive suc
Page 119 and 120: n ecks of his subjects to his ow n
Page 121 and 122: 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
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interestingly, the law (or more acc
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monasteries had been established in
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disadvantageous to clerics, but at
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Tatianus. 151 The law prohibited ap
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also “ignored the admonition of t
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Conclusion: Theodosius and the Chur
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the legislation on monks in the cod
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Theodosius and Heretics. As has alr
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giving a list of bishops as had bee
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hold unlawful assemblies within the
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espond to an immediate need and was
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einforce the illegality of such ass
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monasticism. In its introductory pa
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control of the west from the usurpe
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opening: om n es om n in o “all p
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The law then went on to detail the
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ishops if they had fraternised with
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and without the Catholic faith “w
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eginning of Theodosius' reign. Firs
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although it should be noted that no
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whether the law should indeed be ta
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property. Like that previous law, t
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Although it does not actually say s
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with clubs and condemned to deporta
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CTh. 16.5.23 of 20 June 394 was iss
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natural loss of the texts (which do
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Theodosius and Judaism Theodosius o
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CTh. 3.7.2 of 14 March 388 was also
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een welcomed by both communities, e
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forbidden by no law.” As such, Th
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society, they were, in some sense,
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CTh. 16.7.2 of 20 May 383 was addre
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“profane holy baptism” they wer
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this law, were members of Flavianus
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eign, to genuinely attempt to maint
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protect all festivities that were t
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aspect of this law is that Dexter i
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immediately be compelled to pay fif
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“political clumsiness in the timi
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Such a manner of reading this law m
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cities. Decurions and defenders wer
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Conclusion - Theodosius As has been
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matter and nature of the law, then
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thereby, perhaps, it was thought th
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Mommsen, T. (1870) “Carm en codic
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The Interlinear King James V - New
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Secondary Sources Adler, C. and Sin
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Wisconsin. (1982) Society an d the
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Edwards, M. (2004a) “Rom anitas a
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Green, R.P.H. (1991) The Works of A
Page 331 and 332:
55 (1949) “The Roman civil servic
Page 333 and 334:
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
Page 343 and 344:
A non-partisan emperor or individua
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