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

laws.” 32 Then the law changed its tone, rather than merely allowing pagans to
continue to practice their own beliefs and customs, Constantine took time to spell out
the benefits that flowed from traditional pagan worship and in this indicated a
credence in the effects of traditional worship that would have been in perfect accord
with any of his pagan predecessors. The law indicated that “remedies sought for
human bodies” were not to be thought of as criminal and also allowed traditional rites
in agriculture to continue in order that “rains may not be feared for the ripe grape
harvests or that the harvests may not be shattered by the stones of ruinous hail.” Such
rites do not injure “any person’s safety or reputation,” but rather the rites “bring it
about that divine gifts and the labours of men are not destroyed.” 33 So, ‘bad’ paganism
which was harmful was to be banned and ‘good’ paganism which was beneficent to the
world was allowed to continue; a traditional sentiment that would have been approved
of by any pagan, although at the same time, it may have caused offence to many
Christians.
In a similar fashion CTh 9.16.2 34 was issued by Constantine to “the People” on
15 May 319. This law extended the prohibition on soothsayers entering houses to
“priests and those persons who are accustomed to minister to such ceremonies;” 35
priests were also not allowed to enter even as friends of the householder. The law did
not specify any actual punishments, but indicated that they had already been laid
down. Having comprehensively banned private visits by priests, and included a clause
covering others who might not precisely have referred to themselves as priests, this
law, again like CTh 9.16.1, went on to sanction traditional practices and allowed
believers to go to “the public altars and shrines and celebrate the rites of your custom;
for we do not prohibit the ceremonies of a bygone perversion to be conducted
32 Eorum est scientia punienda et sev erissim is m erito legibus v in dicanda, qui m agicis adcincti artibus aut
contra hom inum m ilitit salutem aut pudios ad libidinem deflexisse anim os detegentur
33 Mullis v ero crim inationibus in plicanda sunt rm edia hum anis quaesita corporibus aut in agrestibus locis, ne
m aturis v indem iis m etueren tur im bres aut ruentis grandinis lapidation e quaterentur, innocenter adhibita
suffragia, quibus non cuiusque salus aut existim atio laederetur, sed suorum proficerent actus, ne div ina
m unera et labores hom inum sterneren tur
34 Corcoran (2000) 15, 72 n199, 193-4
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