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

The effects of CTh 16.2.19 may well have prompted Basil’s letter 104 of 372 to
Modestus, in which Basil requests the exemption of all clergy from liturgies which he
correctly, but selectively, says would be in accordance with earlier law. 196 Despite the
flattery of Modestus that might routinely be expected from such a request, as well as
Basil’s argument that more clerics would result in more prayers for the safety of the
empire, there is no evidence either in the code or in subsequent letters of Basil to
Modestus that the prefect arranged for a further law revising the ten year rule laid
down in CTh. 16.2.19. This is perhaps surprising since Gregory Nazianzus would
have us believe that Modestus was greatly under the influence of Basil since the bishop
had cured him of an illness which Modestus apparently thought was a result of his
attempts of 370 to coerce Basil into supporting the official hom oian position. 197
Evidently Modestus was not so grateful to Basil for curing him that he then sought to
express his thanks through even more beneficent legislation. The five other letters
from Basil give no indication of any friction between the two; rather, like all
important and local elites, in his letters Basil is shown giving references for his
constituents and asking for favours from Modestus. Quite apart from the light this
letter sheds on the relationship and degree of influence that a successful and popular
cleric could have over a Praetorian Prefect, it also indicates the power that Modestus
had over the emperor and government. It shows that under Valens, if change in the
law was required, then one means of doing so was through Modestus. Indeed the letter
appears to simply assume that the power to grant such privileges as Basil requested lay
solely within the remit of Modestus. Although this is partly due to flattery and the
manner in which favours were requested by the ‘poor’ from the ‘great,’ the complete
absence of any mention of Valens is quite possibly indicative of where true power in
the regime actually resided.
196
Basil was doubtless referring to any one of a number of laws produced during the previous sixty
years: CTh 16.2.1, 2, 3, 7, 9, 10, 14 and 16.
197
On the curing of Modestus by Basil see Greg. Naz. Or. 43.55; on Modestus earlier efforts at
pressurising Basil see Greg. Naz. Or. 43.48-51; Lenski (2002) 253; other letters of Basil to Modestus are:
110, 111 and 279-281
141