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

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Conclusion – Theodosius<br />

As has been noted, Theodosius' legislation concern<strong>in</strong>g paganism appears to<br />

have two separate phases. On <strong>the</strong> first phase, which extended from CTh. 10.1.12 of 17<br />

June 379 to CJ 7.38.9 of 3 July 387 and <strong>in</strong> which Theodosius appears to have been<br />

accommodat<strong>in</strong>g towards paganism, two of <strong>the</strong> laws were issued to Christians (CTh.<br />

16.10.9 to Cynegius and CJ 7.38.2 to Dexter); none of <strong>the</strong> o<strong>the</strong>r four laws is known to<br />

have been issued to a pagan. The law to Cynegius was probably uncontroversial as it<br />

was concerned with div<strong>in</strong>ation, whereas that issued to Dexter was thoroughly<br />

accommodat<strong>in</strong>g and fair to paganism. The second phase however, dur<strong>in</strong>g which<br />

Theodosius is supposed to have become more <strong>in</strong>tolerant of paganism, beg<strong>in</strong>s with<br />

CTh. 16.10.10, addressed to a pagan, Alb<strong>in</strong>us. That law appears to have been specific<br />

not only to Rome, but also to <strong>the</strong> officials adm<strong>in</strong>ister<strong>in</strong>g Rome, ra<strong>the</strong>r than to <strong>the</strong><br />

population as a whole. Moreover, it was probably only designed to apply to Rome<br />

practices that had already, without legislation, become common <strong>in</strong> <strong>the</strong> rest of <strong>the</strong><br />

empire. This <strong>in</strong>terpretation re<strong>in</strong>forces <strong>the</strong> hypo<strong>the</strong>sis that Theodosius issued it at <strong>the</strong><br />

end of his time <strong>in</strong> <strong>the</strong> west <strong>in</strong> order to re<strong>in</strong>force his authority, that is, to make Rome<br />

(<strong>in</strong> Valent<strong>in</strong>ian’s half of <strong>the</strong> empire) do <strong>the</strong> same as was also done <strong>in</strong> Theodosius' half<br />

of <strong>the</strong> empire.<br />

However, if <strong>the</strong> law was <strong>in</strong>deed passed for essentially non-religious purposes, it<br />

still <strong>in</strong>dicates a degree of <strong>in</strong>tolerance on Theodosius' part <strong>in</strong> that he wanted <strong>the</strong> whole<br />

empire to conform to certa<strong>in</strong> practices. But it should be emphasised that that would<br />

not primarily <strong>in</strong>dicate religious <strong>in</strong>tolerance s<strong>in</strong>ce <strong>the</strong> underly<strong>in</strong>g motive would have<br />

been essentially political.<br />

CTh. 16.10.11 extended such provisions to Egypt, but it probably dealt with<br />

only very occasional and unusual <strong>in</strong>stances of sacrifice which may have been<br />

controversial <strong>in</strong> any circumstance. The same cannot be said for CTh. 16.10.12 which<br />

280

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