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

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This law also appears to lay down a hierarchy of people whom <strong>the</strong> government<br />

considered to be more important to its secular aims and <strong>the</strong>refore prevented “provosts<br />

of <strong>the</strong> state storehouses and persons who are go<strong>in</strong>g to accept a magistracy, and also<br />

provosts of <strong>the</strong> peace and receivers of <strong>the</strong> various taxes <strong>in</strong> k<strong>in</strong>d” from becom<strong>in</strong>g<br />

members of <strong>the</strong> clergy. 203 The bishops were to prevent <strong>the</strong>m becom<strong>in</strong>g so and if <strong>the</strong>y<br />

failed, <strong>the</strong>n <strong>the</strong> provosts would be brought back to <strong>the</strong>ir duties by <strong>the</strong> judges.<br />

Evidently <strong>the</strong> government considered it vital that praepositi, whe<strong>the</strong>r as supervisors <strong>in</strong><br />

state storehouses or as tax collectors as well as those about to take secular office <strong>in</strong> a<br />

municipality, should rema<strong>in</strong> <strong>in</strong> post or cont<strong>in</strong>ue to posts already designated ra<strong>the</strong>r<br />

than jo<strong>in</strong> <strong>the</strong> Church; it might be unreasonable to suggest that <strong>the</strong> government<br />

thought its own offices and functions more important than <strong>the</strong> necessity that <strong>the</strong><br />

Church should be able to perform its function <strong>in</strong> ensur<strong>in</strong>g <strong>the</strong> safety of <strong>the</strong> state, but<br />

certa<strong>in</strong>ly <strong>the</strong> government was not go<strong>in</strong>g to allow a situation <strong>in</strong> which vital functions<br />

might not be fulfilled because personnel were opt<strong>in</strong>g to jo<strong>in</strong> <strong>the</strong> Church. Effectively<br />

<strong>the</strong> <strong>in</strong>terests of <strong>the</strong> state were guarded aga<strong>in</strong>st <strong>the</strong> <strong>in</strong>terests of <strong>the</strong> Church. Moreover,<br />

<strong>the</strong> <strong>in</strong>terests and manpower requirements of <strong>the</strong> council would appear to take second<br />

place to <strong>the</strong> requirements of <strong>the</strong> state <strong>in</strong> that decurions could (even perhaps <strong>in</strong> practice<br />

only <strong>the</strong>oretically) become property ow<strong>in</strong>g clerics exempt from liturgies, unlike <strong>the</strong><br />

personnel required for <strong>the</strong> state.<br />

Admittedly, Taurus’ laws could have been stricter: nei<strong>the</strong>r conta<strong>in</strong>ed any<br />

punishments or penalties aga<strong>in</strong>st transgressors, even <strong>in</strong> vague terms. The second law<br />

might simply have stripped all propertied clerics of <strong>the</strong>ir wealth or have required <strong>the</strong>m<br />

to rejo<strong>in</strong> <strong>the</strong> councils, as Constant<strong>in</strong>e's CTh 16.2.6 of 1 June 326 does. But this would<br />

have missed <strong>the</strong> purpose of what Taurus was try<strong>in</strong>g to do and would probably have<br />

been <strong>in</strong>effective anyway. Taurus went fur<strong>the</strong>r and with CTh 12.1.49 attempted a<br />

last<strong>in</strong>g solution to this council/Church problem and did so to <strong>the</strong> detriment of <strong>the</strong><br />

Church by seek<strong>in</strong>g to ‘rout<strong>in</strong>ise’ <strong>the</strong> selection of candidates for <strong>the</strong> clergy. An<br />

203 praepositi horreorum iique, qui suscepturi sunt m agistratum , praepositi etiam pacis seu susceptores<br />

div ersarum specierum<br />

55

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