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

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privilege and also to <strong>the</strong> types of persons who might wish to attack bishops <strong>in</strong> secular<br />

courts: “an unrestra<strong>in</strong>ed opportunity for fanatical spirits to accuse <strong>the</strong>m.” 190 An im is<br />

furialibus is quite a mild form of abuse and <strong>the</strong>refore corresponds with most of<br />

Constantius’ rhetorical <strong>in</strong>vective aga<strong>in</strong>st subverters of true religion.<br />

CTh. 16.2.13 of 10 November 356 was issued jo<strong>in</strong>tly with Julian to Leontius,<br />

Prefect of Rome. 191 It simply ordered that privileges given to <strong>the</strong> church <strong>in</strong> Rome<br />

should be “firmly guarded.” This too may be related to <strong>the</strong> retak<strong>in</strong>g of <strong>the</strong> west after<br />

<strong>the</strong> defeat of Magnentius and we may speculate that as he apparently favoured<br />

paganism, Magnentius may also, though not necessarily, have done someth<strong>in</strong>g<br />

detrimental to <strong>the</strong> <strong>Roman</strong> church.<br />

CTh. 16.2.14 of 28 December 356 (also co-issued with Julian) was issued to<br />

Bishop Felix, <strong>in</strong>stalled by Constantius as bishop of Rome after his dismissal of Liberius<br />

from that see. It repeated much of Constantius’ earlier legislation on clerical<br />

privileges: clerics were to be exempt from liturgies; <strong>the</strong>y were immune from taxes as<br />

tradesmen, s<strong>in</strong>ce this would be used for <strong>the</strong> poor. Tradesmen-clerics were also<br />

immune from extraord<strong>in</strong>ary levies. These exemptions were to cover <strong>the</strong>ir wives,<br />

children and “attendants, males and females equally, and <strong>the</strong>ir children, shall cont<strong>in</strong>ue<br />

to be exempt forever from tax payments and free from such compulsory public<br />

services.” 192 As this law was addressed to <strong>the</strong> Arian bishop of Rome it could be<br />

assumed that its provisions applied to Arian clergy alone, s<strong>in</strong>ce presumably Felix<br />

would have been responsible for its distribution.<br />

CTh. 16.2.16 of 14 February 361 was addressed to <strong>the</strong> <strong>in</strong>habitants of Antioch.<br />

It may have been <strong>in</strong>tended to protect clerics s<strong>in</strong>ce its subject was to grant “perpetual<br />

189 Severus 7, of unknown office PLRE I. 832<br />

190 libera sit ad arguendos eos anim is furialibus copia<br />

191 Flavius Leontius 22 PLRE 1.503<br />

192 Om nibus clericis huiusm odi praerogativ a succurrat, ut coniugia clericorum ac liberi quoque et m <strong>in</strong> isteria,<br />

id est m ares pariter ac fem <strong>in</strong> ae, eorum que etiam filii <strong>in</strong>m unes sem per a censibus et separati ab huiusm odi<br />

m uneribus persev erent.<br />

50

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