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

have held the highest possible grade of initiation in the cult. 163 Therefore it seems
likely that Julianus, as Rusticus, should be preferred over Atticus as the most likely
possibility for AE 1953.237. If Julianus was indeed the figure referred to on AE
1953.237, then as a pagan, he may have been quite content to allow the Donatists as
much leeway as possible within the official and disapproving constraints that had
existed towards that heresy since Constantine and within the latest constraints due to
their support of a rebel. 164 Evidently Valentinian and his Consistory were also willing,
at times, to display flexibility to long-standing schismatics and thereby to reflect
(conveniently) the attitude of the suggeren s. Valentinian’s policy appears to have been
much the same as that adopted by Constantine after 314 and his failure to surpress
them; that is to leave the Donatists to their own devices, but nevertheless, if
Valentinian had been intolerant towards them, rather than of a similar attitude as
Julianus, we may at least have expected a display of rhetorical invective, if not some
provision for punishment as Valentinian had applied to the Manicheans. 165 The
absence of such at this time, during a revolt which the Donatists were apparently
supporting, is certainly evidence of a remarkable degree of tolerance on Valentinian's
part.
An order for the protection of graves was made to Eutherius which has
survived only because it was recorded on an inscription in Rome. 166 From its
provisions however, it seems likely that the order would have been included in the
Code, but in all probability the commissioners appear to have accidentally missed it.
Unfortunately it is not possible to provide even an approximate date for the
inscription; the half that gave the emperors’ names is lost leaving just the titular
163 The other holders of pagan positions listed on CIL 8.31118 are: TURCIUS SECUNDUS ASTERIUS
V C XV u SF and SEXTILiUS AEDESIUS V C P P HIEROF HECATAR It is dedicated to
VALENTE V ET VALENTINIANO and is therefore datable to between March 364 and August 367
164 Possibly following the line adopted by Julian that allowing Christians of all descriptions an
opportunity to attack one another was the best strategy to ensure their weakness. Amm. Marc. 22.5.4
165 Constantine’s attitude on Donatists: Eus. VC 1.45.1-3; Opt. App. 9, 10
166 Fl. Eutherius 4 PLRE 1.315
132