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

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property to ano<strong>the</strong>r who would <strong>the</strong>n be able to perform <strong>the</strong> liturgies for <strong>the</strong> person<br />

who had jo<strong>in</strong>ed <strong>the</strong> Jewish priesthood. 297<br />

Therefore this law gives <strong>the</strong> impression of be<strong>in</strong>g both tolerant and <strong>in</strong>tolerant at<br />

<strong>the</strong> same time. Tolerant because it applied <strong>the</strong> same conditions on applicants for <strong>the</strong><br />

Jewish priesthood as already existed for those to <strong>the</strong> Christian priesthood, but also<br />

<strong>in</strong>tolerant because it appeared to be somewhat dismissive of <strong>the</strong> Jews and also, more<br />

importantly, because <strong>in</strong> order for Jewish clerics to be “truly dedicated to God” <strong>the</strong>y<br />

had to fulfil <strong>the</strong> same criteria of (effective) poverty as did Christians. The law appears<br />

to <strong>in</strong>dicate that <strong>the</strong> authorities had an attitude that <strong>in</strong> order for a religion to be<br />

regarded as legitimate it had to have <strong>the</strong> same attitudes and approaches as had<br />

Christianity.<br />

At <strong>the</strong> same time however, it should be remembered that previous laws on this<br />

subject have given <strong>the</strong> impression that <strong>the</strong> government was more concerned with<br />

ensur<strong>in</strong>g that <strong>the</strong> councils were not unduly dra<strong>in</strong>ed of manpower and resources by <strong>the</strong><br />

Church. In all probability <strong>the</strong>refore, and <strong>in</strong> action, <strong>the</strong> primary concern of <strong>the</strong><br />

government would have been <strong>in</strong> ensur<strong>in</strong>g that <strong>the</strong> councils’ were able to function.<br />

Never<strong>the</strong>less it is difficult to escape <strong>the</strong> impression that for Jewish priests to be<br />

regarded as such <strong>the</strong>y had to fulfil some of <strong>the</strong> criteria (i.e. poverty), that Christians<br />

also had to fulfil.<br />

Gratian and Apostates<br />

The creation of a category of apostates <strong>in</strong> <strong>the</strong> legislation is testament to <strong>the</strong><br />

growth of Christianity <strong>in</strong> <strong>the</strong> fourth century as well as to a desire to ensure that such<br />

growth was not impeded through defections. CTh. 16.7.3 of 21 May 383 was Gratian’s<br />

only law on apostates and it was also his last on religious affairs. It was addressed to<br />

297 quisquis igitur v ere deo dicatus est<br />

169

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