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

CTh 16.8.4 of 1 December 330 was addressed to “the Priests, Rulers of the
Synagogues, Fathers of the Synagogues and all others who serve in the said place.” 90
This law effectively repeated the provisions of CTh 16.8.2 and may have originally
been part of that law. 91 Although CTh 16.8.4 of 1 December 330 exempted Jewish
clergy from “every compulsory public service of a corporal nature,” 92 the legislation
exempting Christian clergy makes no mention of liturgies of a “corporal nature”, but
CTh 16.2.10 of 26 May 320 did grant exemption for Christian clergy from liturgies “of
a menial nature.” 93 Perhaps it implied that clerics of both faiths could be expected to
make financial contributions if required, but not to physically attend council meetings
or to perform other physical labours: perhaps the law demanded that Jews performed
the m un era patrim on alia, that is paid money from their property as opposed to m un era
person alia the demand for personal service. 94 The legislation giving Curial exemption
to Jewish and Christian clergy do appear to grant a higher status to Christian clergy
and thus to establish a hierarchy of clerics between the two faiths. The Christian
clergy are persons who “devote the services of religion to divine worship” and perform
“divine services” 95 whereas the Jewish clergy only “preside over the administration of
their law” or “serve the synagogues” 96 . Whatever the Jewish clergy does is of benefit
only to themselves whereas the Christian clergy benefit religion, that is true religion.
Sirmondian Constitution 4 of 8 May 336, 97 was addressed to Felix, Praetorian
Prefect of Africa, it was Constantine's last law on the Jews, and was concerned with
conversion to and from Judaism. 98 The first part also survives fragmentarily as CTh.
16.9.1 and the second part as CTh. 16.8.5. CS4 states that its purpose was to renew an
90
Hiereis et archisynagogis et patribus synagogarum et ceteris qui in eodem loco deserv iv nt
91
As maintained by Linder (1987) 133
92
ab om ni corporali m unere liberos esse praecipim us
93
m unerum sordidorum
94
See Linder (1987) 135 n5 for the different types of liturgies and exemptions from them that may have
been covered by this law. Jones (1964) 724 on the differences between m unera patrim onalia and m unera
personalia in Antioch.
95
Qui div ino cultui m inisteria religionis inpendunt and div inis obsequiis CTh 16.2.2 of 21 October 313
96
legi ipsi praesident CTh 16.8.2 and synagogis deserv iunt CTh 16.8.4
97 Corcoran (2000) 12, 15 n52, 163 n184, 331, 336
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