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

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epeal<strong>in</strong>g what may have rema<strong>in</strong>ed of Julian’s pagan reformation was passed nearly<br />

seven years after his death; evidently whatever had rema<strong>in</strong>ed was not given top<br />

priority.<br />

The only derogatory reference <strong>in</strong> this law occurred <strong>in</strong> <strong>the</strong> last sentence <strong>in</strong><br />

which <strong>the</strong> “m<strong>in</strong>ds of <strong>the</strong> pagans are aroused by any depravity (deprav itionibus)”.<br />

Deprav atio <strong>in</strong>dicates a moral error or perversion, a distortion, or a deviation from<br />

correct behaviour. The law was evidently suggest<strong>in</strong>g that pagan m<strong>in</strong>ds might be<br />

susceptible to deviant ideas. But more importantly, <strong>the</strong> law was <strong>in</strong>dicat<strong>in</strong>g that that<br />

which had been decreed under (<strong>the</strong> unnamed) Julian was simply wrong. Ra<strong>the</strong>r than<br />

just say<strong>in</strong>g that whatever had been decreed by Julian was abolished, <strong>the</strong> law went a<br />

little fur<strong>the</strong>r and stated that his legislation was a moral error. Although this law was<br />

not particularly <strong>in</strong>tolerant <strong>in</strong> itself or <strong>in</strong> what it decreed, it was clearly demarcat<strong>in</strong>g a<br />

difference between <strong>the</strong> legislation of <strong>the</strong> Christian Constantius and <strong>the</strong> pagan Julian.<br />

As such, it was prescrib<strong>in</strong>g what was acceptable and that which was not. At <strong>the</strong> same<br />

time, however, <strong>the</strong> law laid down no penalties aga<strong>in</strong>st anyone who may have<br />

cont<strong>in</strong>ued to enforce, or be guided by, Julianic legislation.<br />

CTh. 9.38.4 of 6 June 370, repeated an Easter amnesty for <strong>the</strong> citizens of Rome.<br />

It was addressed to Olybrius and conta<strong>in</strong>ed <strong>the</strong> same provisions as 9.38.3 of 5 May<br />

367. 49 It conta<strong>in</strong>ed <strong>the</strong> same provisions and categories of those to be released as <strong>the</strong><br />

earlier law; i.e. it was not applicable to murderers, adulterers, traitors, magicians,<br />

sorcerers or rapists. The disturbances between <strong>the</strong> followers of <strong>the</strong> rival bishops<br />

Damasus and Urs<strong>in</strong>us were still cont<strong>in</strong>u<strong>in</strong>g <strong>in</strong> 370 and <strong>the</strong>refore this law may have<br />

been passed for <strong>the</strong> same reasons as CTh. 9.38.3; that of <strong>the</strong> authorities try<strong>in</strong>g to<br />

demarcate an end to <strong>the</strong> affair, and <strong>the</strong>refore <strong>the</strong> violence too.<br />

CTh 16.2.20 of 30 July 370 was, unusually, addressed to a bishop, Damasus of<br />

Rome. The law was apparently designed to combat clerical legacy hunt<strong>in</strong>g and forbade<br />

“Ecclesiastics, ex-ecclesiastics and those men who wish to be called by <strong>the</strong> name of<br />

106

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