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

Theodosius and Apostates
Theodosius' first law on Apostates was the first such to be issued. CTh. 16.7.1
of 2 May 381 was addressed to Eutropius, Praetorian Prefect of the East who was also
responsible for the first two of Theodosius' heresy laws. 276 That first law was a short,
simple sentence against Christians who had “become pagan.” These were “deprived of
the power and right to make testaments” and the will of any such deceased apostate
“shall be rescinded by the annulment of its foundation.” 277
Therefore, this law bears striking similarities with Eutropius’ CTh. 16.5.7 of six
days later. Both were retrospective and both levelled the same injunctions against the
respective targets of the legislation. However, this first law, CTh. 16.7.1 against
Christian apostates becoming pagans, did not seek to justify its retrospectivity unlike
CTh. 16.5.7 and, unlike that later law, it made no allowances for the children of such
apostates who may have continued in the Christian faith. Of course, the two laws are
dealing with separate subjects, but nevertheless, it does appear that this sort category of
apostates were to be treated more intolerantly than Manicheans. Interestingly, the law
makes no mention of Christians converting to Judaism or any other religion. The
nature of this law further undermines, if not negates, the opinion of the editors of the
PLRE that Eutropius was “apparently a pagan;” it would surely have been
inconceivable for Eutropius either to have proposed or to have been willing to accept
or execute such a blatantly anti-pagan law. It would also have been equally
inconceivable to for Theodosius to have unilaterally issued such a law, and especially
during this, the early years of his reign to an eastern official. 278
276
Honoré’s (1998) E2 45-47; Honoré believes him to have been possibly a lawyer and probably a
Christian.
277
his, qui ex christian is pagani facti sunt, eripiatur facultas iusque testandi et om n e defuncti, si quod est
testam entum subm ota conditione rescindatur.
278
Eutropius’ religion (or lack of it) has been discussed above in connection with Sirm. Const. 7 of
Easter 381
259