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

Evidently the sacrilege here refers to high treason and that may be the understanding
of Constantine's use of it as well. Constantine had authorised the destruction of the
pagan shrine and idols and also the building of a church on the site; he had therefore
given the site and its religious meaning exclusively to the members of his favourite
faith, the Christians. For pagans to have continued to worship there, or returned to
worship on the site, could therefore have been considered a violation of Constantine's
wishes. Two out of three previous instances of the use of sacrilegium therefore
indicate that it is likely to indicate an offence, to some degree, against the emperor.
CTh. 9.35.4 of 27 March 380 addressed to Albucianus, Vicar of Macedonia,
prohibited the use of torture in criminal investigations during lent. 25 After Easter
torture could presumably be employed again. This law shows only a very limited
degree of Christian influence on Theodosius' religious legislation thus far. Valentinian
had pardoned all criminals in custody, which may not have amounted to very many
persons actually being released, but was at least a permanent measure. This law only
suspended torture, although it may have affected a larger number of people.
Const. Sirm. 7 to Eutropius Praetorian Prefect of the East, was issued to
Eutropius probably just before Easter 381 26 and shows a greater acknowledgement by
Theodosius of his Christianity. It ordered an Easter amnesty for criminals awaiting
punishment and therefore is similar to Constantius’ and Valentinian's amnesties. 27
Like them it also excluded those suspected of committing the five major crimes of
treason, murder, adultery, rape and magic. However, Theodosius' amnesty does not
appear to have been as comprehensive as those of Valentinian's had been. In his CTh.
25 Albucianus PLRE 1.38, otherwise unknown.
26 Eutropius 2 PLRE 1.317; incorrectly given by the editors of PLRE as PPO Illyrici; repeated by
Matthews (1975) 97. However all the laws which he received as PPO were issued from the East by
Theodosius. Mommsen (1962) Vol 1/I CLXXIII lists him as Praetorian Prefect of the East. He held his
prefecture from January 380 until at least September 381, and was the author of the Breviarium.
Honore (1998) 45-47 attributes the drafting of this law to the quaestor E2, whom he believes was a
Christian.
27 i.e. Constantius’ 9.38.2 of 6 September 354 and Valentinian's 9.38.3 of 5 May 367 and 9.38.4 of 6 June
370
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