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

provided the possibility of exile for owners: a range of punishments which would
address the differing social positions of the guilty had been devised. Paulus’ law also
prescribed permanent exile for Roman Citizens who circumcised either themselves or
their slaves as well as confiscation of property. The only executions allowed in cases
concerning Roman citizens were for the doctor who performed the circumcision.
Therefore, in terms of punishments, it is quite reasonable to see Paulus’ law as being
more intolerant than this later law of Felix.
Conclusion
Constantine’s religious legislation on balance, appears to favour Christianity,
but that did not necessarily entail favouritism to the detriment of paganism or Judaism
and not at all to that of the municipal councils. CTh 16.2.5 to Helpidius restricted the
clerical exemption from liturgies to the orthodox and specified the liability of heretics.
But the orthodox did not have everything their own way; CTh 16.2.6 and 16.2.3
imposed detailed regulations on the recruitment of curiales to the clergy and a liability
that they could be de-frocked and returned to the council if they had broken the rules.
At the same time CTh 16.8.2 and to substantially the same effect 16.8.4, granted to the
professional clerics of Judaism the same exemption from liturgies as their Orthodox
colleagues; although the latter law may be interpreted as having laid down a hierarchy
which granted precedence to the Christians. Constantine’s desire to be ‘all things to all
men’ did not, however, extend to granting exemption from liturgies to pagan priests;
but nevertheless, and possibly to allay any fears that pagan elites may have felt about
an emperor who had embraced a single and absolutist religion, CTh 16.10.1 and 9.16.1-
3 all legislated for the continuance of pagan ceremonies and customs and in the case of
the latter law, espoused its utility and veracity.
The religion of the addressees of these laws appears to have been influential in
their composition and this factor is also influential the composition of the anti-pagan
letter to Macarius an d the other bishops of Palestin e and in the ‘peace-brokering’ and
conciliatory tones of the letter to the Prov in cials of the East. The importance of the
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