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Religious Intolerance in the Later Roman Empire - Bad request ...

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measure did not, of course, ‘cost’ <strong>the</strong> government anyth<strong>in</strong>g, but doubtless it was<br />

appreciated by <strong>the</strong> Christian authorities as a privilege which set <strong>the</strong>ir crim<strong>in</strong>al element<br />

apart from <strong>the</strong> Jewish and pagan crim<strong>in</strong>al element of Rome. Presumably however,<br />

Christians were still liable to <strong>the</strong> sort of punishments which <strong>the</strong>y would hi<strong>the</strong>rto have<br />

faced <strong>in</strong> <strong>the</strong> arena. This law effectively said that Christians could not be punished <strong>in</strong><br />

<strong>the</strong> arena, i.e. <strong>in</strong> public, but <strong>in</strong> private, <strong>the</strong>y could, presumably, suffer <strong>the</strong> same<br />

punishments that <strong>the</strong>y would hi<strong>the</strong>rto have faced <strong>in</strong> <strong>the</strong> arena, i.e. death.<br />

CTh. 14.3.11 of 27 September 365, also addressed to Symmachus, sought to<br />

dissuade bakers from tak<strong>in</strong>g “refuge <strong>in</strong> <strong>the</strong> Church” and <strong>the</strong>reby “evad<strong>in</strong>g service” as<br />

bakers. If any baker “should enter <strong>the</strong> Church” <strong>the</strong>n he would not receive <strong>the</strong> benefits<br />

that clerics normally received. If a baker decided that he still wanted to become a<br />

cleric <strong>the</strong>n <strong>the</strong>re was apparently noth<strong>in</strong>g <strong>in</strong> this law to prevent him, but he would<br />

rema<strong>in</strong> liable for recall to his trade for <strong>the</strong> rest of his life.<br />

CTh. 15.7.1 of 11 February 367 was addressed to Viventius, 33 Prefect of Rome,<br />

which dealt with <strong>the</strong> issue of “men and women of <strong>the</strong> stage” receiv<strong>in</strong>g “sacraments of<br />

<strong>the</strong> Most High God.” The law said that if such actors took sacraments because of <strong>the</strong><br />

“compell<strong>in</strong>g necessity of imm<strong>in</strong>ent death” but survived, <strong>the</strong>y could not <strong>the</strong>n “be<br />

recalled, by any summons, to <strong>the</strong> performance of <strong>the</strong>atrical spectacles.” 34 The law<br />

made clear <strong>the</strong> great reluctance of <strong>the</strong> authorities to allow actors to receive sacraments.<br />

Valent<strong>in</strong>ian ordered: “with diligent sanction… <strong>the</strong> exercise of due circumspection and<br />

oversight” so that only those who genu<strong>in</strong>ely appeared likely to die would be given <strong>the</strong><br />

sacraments; bishops would also have to give <strong>the</strong>ir approval <strong>in</strong> such cases. Also, <strong>the</strong> law<br />

laid down a bureaucratic procedure that would have to be followed whenever a actor<br />

was dy<strong>in</strong>g. Requests by <strong>the</strong>m for <strong>the</strong> sacraments had to be “immediately reported to<br />

<strong>the</strong> judges…so that <strong>in</strong>spectors may be sent and careful <strong>in</strong>quiry may be made” to<br />

33 Viventius PLRE 1.972<br />

34 scaenici et scaenicae, qui <strong>in</strong> ultim o v itae ac n ecessitate cogente <strong>in</strong>teritus <strong>in</strong>m <strong>in</strong> entis ad dei sum m i<br />

sacram enta properarunt, si fortassis ev aser<strong>in</strong>t, nulla posthac <strong>in</strong> <strong>the</strong>atralis spectaculi conv ention e rev ocentur<br />

100

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