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

little to suggest that Constantius was as concerned as his father had been to present a
united front in which all, or as many as could be possible, modes of opinion may have
been accommodated within the state or at least unthreatened by it, indeed there is little
evidence of a consistent policy at all on religious issues under Constantius, but there is
evidence that, like Constantine, many of the laws reflect the particular concerns of the
addressees and the inconsistent results of this influence appears to be the only
consistent facet of the legislation.
Constantius and Judaism
Constantius’ legislation directed against offending Jews and the punishments
prescribed continues the dichotomy found in his father’s legislation to a considerable
extent. There is one law, addressed to the same Evagrius who received CTh 16.8.1 of
18 October 329, which was later divided into two laws by Theodosius II’s
commissioners (CTh 16.8.6 and 16.9.2 both of 13 August 339). 107 Whereas
Constantine’s law addressed to Evagrius on assaults carried out by Jews (CTh 16.8.1)
could conceivably have been viewed as at least partly concerned with public order, the
law issued to Evagrius under Constantius was concerned with offences that appear to
be purely religious, or at least have been presented as purely religious. The first half of
this law (CTh 16.8.6), was the first of Constantius’ laws to prescribe the death penalty.
It dealt with one offence in which a number of Christian women from “our Imperial
weaving establishment” 108 had been converted by an unspecified number of Jews. The
women were to be “restored” 109 to the weaving establishment. The law went on to say
that “Jews shall not hereafter unite Christian women to their villainy” anyone who
ignored this would suffer “capital punishment,” 110 no lesser punishment was given.
This may indicate that any Jews in the empire, who hereafter converted Christian
women to Judaism would have been committing a capital offence.
107 See above
108 gynaeceo nostro
109 restitui gynaeceo
110 ne Christianas m ulieres suis iungant flagitiis v el, si hoc fecerin t, capitali periculo subiugentur
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