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

Christians. This would be the shrine which is the subject of Constantine’s Letter to
Macarius an d the other bishops of Palestin e in Eusebius’ life. 138 Furthermore, the
reference in CTh 16.10.2 should not be divorced from other surviving evidence
concerning Constantine’s religious policy. We know that at least four of his laws
sanctioned, either specifically or generally, traditional pagan practices. Only one law
opposed any form of traditional religious practice. Therefore on balance, there is more
material from Constantine (at least in the Code) that supports traditional (and pagan)
practices, than opposes it. 139
Furthermore, there is a possibility that the reference may be to Constantine’s
CTh 16.10.1 in which “domestic sacrifices, are specifically prohibited.” 140 CTh 16.10.1
was addressed to Maximus, Prefect of Rome. 141 CTh16.10.2 was addressed to
Madalianus, who, as discussed above, held all but one of his appointments in the west
and was therefore probably vicar of Africa or Italy when he received this law.
Therefore the purpose of CTh 16.10.2 may have been to reinforce the prohibition
against “domestic sacrifices” that was already understood to be operative in Rome.
This possibility should be taken into consideration, especially if Corcoran is right in
suggesting that there was a regional aspect to the issuing of at least a part of
Constantine’s religious legislation. 142 Furthermore the possibility that legislation was
not designed to be timeless, but rather was issued to meet an occasional problem or
concern would lend support to the possibility that CTh 16.10.2 was indeed dealing
with the same issue as 16.10.1 and hence referred to it and to its regional
applicability. 143 Unfortunately however, the surviving evidence does not allow us to
reach a definite conclusion as to whether this reference in CTh 16.10.2 does indeed
refer to the earlier law CTh 16.10.1. Equally however, there is no indication in CTh
138 Soz. 2.4; Eusebius VC 3.52-53.4
139 Constantinian laws sanctioning pagan practices: CTh 9.16.1-3, 16.10.1
140 sacrificiis dom esticis abstineant, quae specialiter prohibita sunt
141 Valerius Maximus signo Basilius 48. PLRE I. 590
142 Corcoran (2000) 155. Although, and admittedly, Corcoran suggests this practice within the context
of the laws granting exemption from liturgies to clerics.
143 Harries (1999) 77-88 on repitition (with a purpose) in the Imperial laws.
35