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

Constans and Constantius
There are twenty surviving laws on religious affairs issued under Constantius,
four of which are recorded as having been issued jointly with Constans. 101 However
Constantius is always the first emperor listed in the texts. We should expect to find
the position of the Church legislatively enhanced in Constantius’ reign, the first reign
of an emperor who was brought up as a Christian and whose religious identity has not
been thought to be controversial, unlike that of his father. Indeed nine of the laws do
reaffirm, clarify and provide new arrangements for clerics and their exemptions from
liturgies and extraordinary taxation and one also allowed Bishops the right of being
tried only by fellow Bishops. 102 Two deal with proselytes from Christianity to
Judaism 103 while one deals with the question of Jewish slave owners purchasing non-
Jewish slaves and converting them to Judaism. 104 The remaining eight laws condemn
and prohibit pagan practices. 105 There is no surviving legislation that may have been
directed against heretics. A number of the laws issued were very comprehensive and
may be indicative of a growth in intolerance, in that the suggeren s, or the drafter of the
law at court, had thought carefully about the practices which were disapproved and
therefore ensured that all possible variations and different descriptions of such
practices were banned. This tendency is especially noticeable in some of the laws
against paganism, particularly after 353 which is (probably a result of political factors);
against Judaism and also, most curiously, in laws which were contrary to the interests
of the Church. Four of the laws order capital punishment for offenders. 106 There is
101
CTh 16.2.12; 16.2.13; 16.2.14 and 16.2.15. The latter was also issued with Julian. CTh 16.2.14 was
issued by Constantius and Julian.
102
CTh 16.2.11 of 26 February 342; 16.2.8 of 27 August 343; 16.2.9 of 11 March 349; 16.2.12 of 7
October 355; 16.2.13 of 10 November 356; 16.2.14 of 28 December 356; 16.2.15 of 30 June 360; 16.2.16
of 14 February 361 and 12.1.49 of 29 August 361
103
CTh 16.8.6 of 13 August 339 and 16.8.7 of 3 July 352
104
CTh 16.9.2 of 13 August 339
105
CTh 16.10.2 of 341; 16.10.3 of 1 November 342; 16.10.5 of 23 November 353; 16.10.4 of 1 December
354; 16.10.6 of 20 February 356; 9.16.4 of 25 January 357; 9.16.5 of 4 December 357 and 9.16.6 of 5 July
358.
106
CTh 16.8.6 of 13 August 339; 16.10.4 of 1 December 354; 16.10.6 of 20 February 356 and 9.16.4 of 25
January 357
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