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

that Magnentius was favourable to paganism; possibly to gain favour with the pagan
establishment of Rome, or even to differentiate himself ideologically from
Constantine’s sons.
The atmosphere recorded in Ammianus is reflected in the legislation issued at
the time. While in control of Rome, Magnentius had permitted the renewal of
“nocturnal sacrifices” 154 which Constantius repealed within a few months of the
usurper’s death with CTh 16.10.5 of 23 November 353 to Cerealis, Prefect of Rome. 155
This law referred to the “nocturnal sacrifices” as “nefarious license [which] shall be
destroyed”. 156 It should be noted that this was the first use of n efas in a pagan context.
Hitherto it had only been used to describe the Jewish faith (in CTh 16.8.1 of
Constantine), so this law indicates an increase in rhetorical invective against pagans.
However, in this law, the allegation of n efas applies, strictly speaking, only to the
licence, that is to say, the freedom of action, of Magnentius in allowing sacrifices to
take place, rather than to the sacrifice itself. As such, Constantius appears to have been
more concerned at the impudence of a usurper, and his apparent ability to reinstate
practices that had been forbidden, than by the return of such forbidden practices
themselves. Zosimus indicates that Magnentius was popular and was thought to have
done some good during his reign although this was only possible because he was so
adept at hiding his true and naturally bad character. 157 If Magnentius was indeed
popular, then Constantius may have thought it best to reserve his vitriol for
Magnentius’ questionable legitimacy than for his actual, and possibly popular, policies.
The addressee of CTh 16.10.5, Cerealis was quickly installed as Prefect of Rome
by Constantius following Magnentius’ flight to Gaul. Cerialis may well have been
quite close and trusted by the emperor. With eight others, Cerialis was commissioned
154 CTh 16.10.5 sacrificia nocturna
155 Naeratius Cerealis 2 PLRE I. 197-199
156 nefaria deinceps licentia repellatur
157 Zos. 2.54; Sozomen 4.7, thought the opposite and blamed Magnantius for murdering large numbers
of Senators. Aurelius Victor Caes 41.23 also records that Magnentius was unpopular.
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