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

natural law. The law also refers to penalties directed against proselytes, those who
were “from the people” 79 and who had deserted Christianity and joined “their
nefarious sect and should join their assemblies.” 80 The “people” has a particular
significance in this context; although it does have Christian connotations, in this
context it has been taken to have a meaning that refers to the members of the empire
in general. By providing a contrast between Jews and people therefore, the Jews may,
in this law, not have been regarded as ‘full members’ of the empire in the same way
that Christians were considered to be. 81 As with CTh 16.2.5 of 25 December 323
against attendance at “lustral sacrifices” the implication is that Jews were somewhat
foreign. 82
CTh 16.8.2 of 29 November 330 83 addressed to Flavius Ablabius, Praetorian
Prefect of the East, 84 extended the privileges to the Jewish clergy and effectively placed
them on a par with Christian clergy. The law ordered exemption from Curial
obligations for “patriarchs and priests” 85 of the Jews, i.e. those subject to the
jurisdiction of the patriarchs and the Sanhedrin in Palestine. 86 Such persons who were
not already decurions were to be given “perpetual exemption from the decurionate,” 87
but by context, this is probably only meant to refer to “patriarchs and priests” rather
than to the whole Jewish community. Those who were already decurions at the time
of the law were granted the privilege of not being “assigned to any duties as official
escorts.” 88 The latter privilege was directed to the “patriarchs and priests” and was
designed to allow the Jewish ‘cult’ to continue without interference from outside. 89
79 ex populo
80 ad eorum nefariam sectam accesserit et conciliabulis eorum se adplicav erit
81 Linder (1987) 131 n15
82 Constantine’s anti-Jewish position is well attested, most famously his letter to the Churches preserved
by Eusebius, VC 3.18-19 esp. 3.18.2-4
83
Linder (1987) 132-138
84
Also the addressee of CTh 16.2.6 of 1 June 326
85
patriarchis v el presbyteris
86
According to Linder (1987) 133, although the law makes no actual reference to such institutions.
87
perpetua decurion atus im m unitate potiantur
88
nequauqam ad prosecutiones aliquas destin entur.
89
See Linder (1987) 136 n7 for earlier legislation allowing (pagan) cult practices to continue unaffected
22