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

een welcomed by both communities, even if the punishment was severe; Ambrose
used injunctions from the Old Testament to justify his opposition to mixed marriages
and it seems perfectly possible, if not likely, that his colleagues in the Jewish
priesthood would have shared that desire to keep marriages within the community,
based, as it was, on the same scriptures. 261
CTh. 13.5.18 of 18 February 390 was addressed to Alexander, Augustal Prefect
of Egypt and was considerably milder than the previous. 262 It exempted the Jews and
Samaritans, as a “group” from the performance of liturgies relating to sea transport
because, it reasoned, if liturgies were imposed on groups, no specific person would be
responsible for their execution. Instead, the law ordered that those individuals from
the Jewish and Samaritan group who were wealthy enough to bear liturgies should do
so individually. 263
Essentially therefore, this law treated Jews and Samaritans as the same as other
groups and indeed may be evidence of positive tolerance from Theodosius'
government if, as seems reasonable to assume, Jews and Samaritans had been
collectively obliged by the authorities to perform such liturgies.
CTh. 16.8.8 of 17 April 392 was addressed to Tatianus, Praetorian Prefect of
the East and was considerably advantageous to the Jewish establishment and
leadership. 264 It is fortunate that, although this law is fairly short, it gives the reasons
for its issuance. It refers to “complaints of the Jews” which indicate that persons who
had been “cast out” by the Jewish authorities were being “restored to their sect by the
261
See King (1961) 117 and Coleman Norton (1966) 416-417 gives the references from the Old Testament
which prohibit cross community marriages.
262
Alexander 12 PLRE 1.42; Honoré’s (1998) 59-70 E9, Virius Nicomachus Flavianus
263
iudaeorum corpus ac sam aritanum ad nav iculariam functionem non iure v ocari cognoscitur; quidquid
enim univ erso corpori v idetur indici, nullam specialiter potest obligare personam . unde sicut inopes v ilibusque
com m erciis occupati nav iculariae translationis m unus obire n on debent, ita idoneos facultatibus, qui ex his
corporibus deligi poterunt ad praedictam functionem , haberi n on oportet inm unes
264
Flavius Eutolmius Tatianus 5 PLRE 1.876-878; Honoré’s (1998) 73-76 E11
254