The conceptual connection between superstitio, defined as illicit divination or magic, and excessive fear of the divine is made explicit in a law A.D. 297, which legislates against sorcerers (maleficis) and Manichees, both of which groups are accused of devising superstitious doctrines.23 In fact, this connection between divination, magic, and excessive religious fear-all subsumed by the term superstitio in legal usage-lies behind the persecution of Christians in the early Empire; Suetonius' qualification of Christianity as a malefica superstitio almost certainly implies charges of magical crafts brought against Christians.24 And as Janssen has observed in discussion of Nero's persecution of Christians, "the incomprehensible formulas of Christian liturgy could readily be interpreted as a dangerous kind of magic conjuration".25 Such acts had always been severely punished, and continued to be so punished in the late empire, as indicated by the legislation cited above. Only Christian writers, stirred no doubt by the labeling of their own beliefs as superstitio, use this word consistently not only to refer to the irrational or excessive religion of others, but to label those attitudes and beliefs as morally wrong. By this term, Christian writers draw the line between the false beliefs of pagans and the true, correct beliefs of Christians. Lactantius states the concept succinctly: religio veri dei cultus est, superstitio falsi. 26 Similarly, Tertullian refers to paganism as superstitio romana or superstitio gentilium; and the Fathers of the Church continue this usage.27

In sum, the term superstitio is used in the Codex Theodosianus to separate normative from non-normative religious practices. However, as I have tried to demonstrate in this paper, the ambiguities inherent in the term superstitio have to be considered in analysis of the legal codes from the first half of the fourth century from the Latin West. In this period Christianity was not yet the norm. Consequently, the Christians were not yet able to enforce the Christian definition of the term, whereas pagan administrators-especially at Rome-were in a position to interpret the codes with the traditional legal meaning of superstitio. By the last quarter of the fourth century, the norm, as regards official religious practices, is clearly Christianity; in the legal codes, this term is used consistently to designate the wrong religious beliefs of others, heretics and Jews as well as pagans. Thus, the use of superstitio in the
Codex Theodosianus reflects the processes whereby the Christianisation of the Roman state took hold; and by tracing its legal usage we have seen how Christianity gradually came to be defined as the norm and paganism was relegated to the world of pravam superstitionem. It seems a fitting epilog to this study to note that although the Christian definition of superstitio came to be uniformly used in the Theodosian Code, this was not its only attested definition even at the end of the fourth century. On the contrary, the polemical overtones and inherent ambiguities of superstitio were seized upon by at least one pagan writer in the last quarter of the century; Ammianus Marcellinus, writing in the West in the late 380's, used superstitio to refer to Christian heretical sects, like the Manichees.62 Amm. Marc. 13.2.11.And in a prominent passage, Ammianus) accused Constantius of superstitio, charging that Constantius had corrupted the simple religion of the Christians by encouraging theological disputes: "The plain and simple religion of the Christians he obscured by a dotard's superstition, and by subtle and involved discussions about dogma". ( Amm. Marc.2 1.16.18:C hristianamre ligionema bsolutame t simplicema nili superstitione confundens, in qua scrutanda perplexius quam componenda gravius excitavit discidia plurima ..."] The adjective Ammianus uses to describe Constantius' superstitio is significant; anilis superstitio is a phrase borrowed from Cicero. [Cicero, De nat. deorum 11.20; III.92; De domo sua 105; De div. 1.7; 11.19; 125}. Clearly, Ammianus is using this phrase to evoke the Ciceronian and traditional Roman disdain for excessive fear of the divine; he is not using superstitio in its Christian frame of reference (i.e. paganism or heresy.) Given the date and the well-known Christian definition of paganism as superstitio or deisidaimonfa, the polemical intention of Ammianus is clear. Superstitio is not a charge that can beleveled at pagans alone. [A. Momigliano, Popular Religious Beliefs and the Late Roman Historians, Church History 8 (1972) 1-18, remarks Ammianus' polemical intent. For Ammianus' other references to superstitio, see Amm. Marc. 15.3.2; 18.4.1; 25.4.17.]

It would go far outside the limits of this study to analyze the usage of superstitio in fourth century literature in general. However, the polemical intent of Ammianus' remark is revealing, for it suggests, as did the ambiguous definition of superstitio in the early fourth century codes, the nature of the ideological and religious significance attached to the term superstitio in the later Roman Empire.