'Cherchez la femme!' Heresy and law in late antiquity

Abstract

In contrast with contemporary heresiological discourse, the Codex Theodosianus - a Roman imperial lawcode promulgated in 438CE - makes no systematic gendered references to heretics or heresy. According to late Roman legislative rhetoric, heretics are demented, polluted and infected with pestilence - but they are not seductive temptresses, vulgar 'women', or weak-minded whores. This paper explores the gap between the precisely-marked terrain of Christian heresiologists and (Christian) legislators. Part I, 'Heresy becomes a woman', gives a brief overview of early Christian heresiology. Part II explores late Roman legislation and the construction of the heretic as a 'legal subject' in the Codex Theodosianus. Part III turns to the celebrated account, crafted by Pope Leo I of anti-manichaean trials at Rome (443/444 CE), arguing that they should be understood as part of a much broader, developing, regime of ecclesial power - rather than as concrete applications of existing imperial anti-heresy laws.