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

Christian and was probably regarded as a committed Christian since he was trusted
enough to serve on the council that tried Photinus at Sirmium in 351 (along with
Cerialis), he was also placed in charge of convening, supervising and ensuring a correct
outcome from, the Ariminum council of 359 in Italy. 167 Ammianus Marcellinus
indicates that Constantius was oversensitive to any rumours or evidence of sedition, a
condition which his courtiers apparently inflated. Consequently, he was not inclined
to commute death sentences. 168 Eutropius states that Constantius was “too trusting of
his friends and companions”. 169 As such CTh 16.10.4 perhaps shows the influence
which one of Constantius’ committed and trusted Christian com es could exercise over
the emperor and the nature of policies which could be obtained from an insecure
emperor who had recently gained insecure possession of a territory.
CTh 16.10.6 of 20 February 356 was Constantius’ next law on paganism and
was issued within the same political context as the previous two. The text indicates no
addressee, but since the law was issued in Milan it seems reasonable to assume that it
was originally addressed to the Praetorian Prefect of Italy and Africa, or to one of his
respective vicars or governors. As it survives, the law is short and to the point and
ordered that anyone who is “proved to devote their attention to sacrifices or to
worship images, we command that they shall be subjected to capital punishment.” 170
This was the third law prescribing capital punishment, and, as with the previous two,
no allowance was made for a lesser punishment. Of course, performing sacrifices had
already been made a capital offence by CTh 16.10.4 of 1 December 354 and this law
extended the punishment to idolatry. It was written with a sense of style similar to
CTh 16.10.4 and therefore it may have been drafted by the same hand. The first words
of CTh 16.10.6 are somewhat dramatic and state the penalty which is to be applied:
167
Athan. Hist. Ar. 22 and Epip Adv . Hear.71 for service on the committee that tried Photinus. Barnes
(1993) 144-146 on the Council of Ariminum.
168
Amm. Marc. 14.5
169
Eutropius 10.15.2 nim ium am icis et fam iliaribus credens. Aurelius Victor Caes 42 also indicated that
Constantius spent too little time and attention when appointing officials and that he surrounded himself
with deficient advisors.
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