linus, præfect of the city, against demolishing temples, which stood without the walls of the city of Rome. Although all superstition ought to be utterly rooted up, yet our pleasure is, that the temples without the walls should not be destroyed nor defaced. For upon some of them is founded the origin of the Circensian, and other sports and games, which ought not to be suppressed, • that the Roman people may still partake in the ancient solemnities and entertainments.' Some may be apt to think it to be herein implied; that temples in the city might be destroyed, and that the law is designed for the security of such only as were without the walls. Nevertheless the law is not so understood by learned men. Of those within the walls,' says Cave, there seems to have been no question, they being spared, as highly conducing to the splendor and ornament of the city.' So likewise says Gothofred. a b Many of the public festivals were in honour of the gods, and they were annually celebrated in memory of the origin, or dedication, of the temples consecrated to them, as is.observed by Lactantius. The emperor, therefore, it seems, was willing that the people should enjoy their usual diversions and entertainments, but without superstition. C It has been observed by Cave and other learned men that, encouraged by these laws, Julius Firmicus Maternus wrote about this time, [that is, between the years 340 and 350,] his book De Errore profanarum religionum, which he dedicated to the two brother emperors; wherein, after having exposed the follies and absurdities of Paganism, he addresseth those emperors that they would go on to make a perfect reformation, and by severe laws cut off what did yet remain, that the Roman world might be no longer infected with such pernicious errors and impieties. с From some things in that work of Julius Firmicus it may be concluded, that before that time many temples had been destroyed. 3. The fourth law in the title of the Theodosian Code concerning Pagans and sacrifices, and temples, and the first law of Constantius relating thereto, is directed to Taurus, præfect of the Prætorium, for shutting up the temples, and for prohibiting sacrifices.' We ordain that in all places, and in all cities, temples be immediately shut up, and that all men being forbidden to enter therein, all occasion of offending may be taken away from des'perate men. Our pleasure likewise is that all abstain from sacrifices: if any transgress they are to be put to death, and their estates are to be confiscated to the treasury. In like manner are to be punished governors of provinces, if they neglect to punish such transgressors.' This law is placed by Gothofred in the year 353. Agreeable to this Sozomen says: that not only Constantine, but his sons likewise forbade sacrifices, and ordered the temples to be shut up every where in the cities, and in country places:' probably referring to this law. h Gothofred thinks that as this law was directed to Taurus, who was præfect of the Prætorium for Italy, it should be understood to reach no farther: but that does not appear clear to me for about this time some temples were destroyed in other places and countries. Nor is it, I think, very likely that Sozomen should take such particular notice of a law, which had no effect out of Italy. corruptæque consistant. Nam cum ex nonnullis, vel ludorum, vel Circensium, vel Agonum origo fuerit exorta, non convenit ea convelli, ex quibus Populo Romano præbeatur priscarum solennitas voluptatum, 1. 3. ubi supr. p. 261. a De templis igitur extramuranis tantum specie hujus legis 3 quærebatur, utrum hæc saltem demolienda essent. Nam de intramuranis quæsitum non fuit; nempe quod in his decor civitatis consisteret, Gothof. Ib. p. 263. b Nam ludorum celebrationes Deorum festa sunt; siquidem ob natales eorum, vel templorum novorum dedicationes sunt instituti. Lact. 1. 6. c. 20. et sacrificiis prohibendis. Ad Taurum. PF. P. Placuit, om- Atqui hæc lex data est ad Taurum PP. Italiæ scilicet, et ad Italiæ præfecturam pertinet: omnia, scilicet, loca atque urbes hac lege sunt, quæ per eam præfecturam, non omnia, quæ Romano Imperio gubernantur, quod nonnemo prodidit. Nempe ad inscriptiones suas coarctandæ sunt ita, et ex iis explicandæ leges-Quamquam non nego, hoc ipsum per Ægyptum a Constantio factum. Goth. in I. 5. p. 264. a 4. The second law of Constantius of this kind, and also to be placed in the year 353, is directed to Cerealis, præfect of the city. Let nocturnal sacrifices be abolished which had been allowed by Magnentius.' This law undoubtedly was issued soon after the death of Magnentius, who, as is supposed, had relaxed the rigour of the laws against the Gentiles: now therefore nocturnal sacrifices were prohibited at Rome. Gothofred is of opinion that this law was enacted at the request of Cerealis, who was a zealous Christian, as he collects from some things said of him by Jerom. 5. The third law of Constantius is against sacrifices, and the worship of images, supposed to be published in the year 357. с We appoint capital punishment to such as are convicted of performing sacrifices or worshipping images.' d 6. In another book and title of the Code we find three laws of the same emperor published in the year 356 or 357, with the penalty of death against all who consulted any of the masters of divination, who are here reckoned up under their several titles of haruspices, mathematicians, chaldæans, harioli, augures, vates, magicians. These laws, as is supposed, were occasioned by some inquiries of Pagans, inconsistent with the public quiet, and the safety of the prince. These are laws of Constantine's sons and successors; and it must be allowed that there is in them a good deal of severity. III. We now come in course to the reign of Julian: but his history has been already written by us, in which we have sufficiently shewn his zeal for Gentilism, and the treatment given by him to the Christians. And I suppose that at his accession all the laws of preceding Christian emperors against Gentilism, and its rites, were made void, and abrogated; and that they remained without force, unless they were renewed, or revived by imperial authority. IV. The fourth section in Cave's introduction is thus entitled In what case Gentilism • stood under the reigns of Jovian, Valentinian, and Valens. с Here it is observable that Gothofred, in the title of Pagans, sacrifices, and temples, puts not down any laws of these three emperors, nor of Gratian, against Gentilism. And, including Julian, this he computes to be the space of five and twenty years from Constantius to Theodosius. Those emperors were Christians, and they encouraged their people in the profession of the Christian religion, and protected them in the enjoyment of the privileges conferred upon them by Constantine. And Sozomen says, particularly of Jovian, that he recommended to all his subjects throughout the empire the Christian religion, as the only true religion. And he ' wrote letters to the governors of the provinces, that they should give them full liberty to frequent the churches, and worship God devoutly there.' But, as it seems, there were now no new laws issued against Gentile people, and their sacrifices. In proof of this Gothofred observes several things: one thing alleged by him, is a paragraph • Constantii secunda adversus nocturna sacrificia Romæ. Ad Cerealem P. U. Aboleantur sacrificia nocturna; et nefaria deinceps licentia repellatur. Eod. Tit. I. 5. p. 265. Illud ultimum notari cupio, datam hanc legem ad Cerealem Præfectum Urbis, proculdubio ad ejus suggestionem, quem Christianæ religioni addictissimum fuisse credere licet. Sane id satis indicant ea quæ de Cereali hoc memorat Hieronymus ep. 16. Tom. i. ambitiosius petente Marcellam viduam in uxorem. Gothof. ib. p. 266. с e Pœnæ capitis subjugari præcipimus eos, quos operam sacrificiis dare, vel colere simulacra constiterit. Eod. Tit. 1. 6. p. 266. 4 Nemo haruspicem consulat, aut mathematicum, nemo hariolum. Augurum et vatum prava confessio conticescat. Chaldæi ac magi, et cæteri, quos maleficos ob facinorum multitudinem vulgus appellat, nec ad hanc partem aliquid moliantur. Sileat omnibus perpetuo divinandi curiositas. Etenim supplicium capitis foret gladio ultore prostratus, quicumque jussis obsequium denegaverit. Cod. Theod. lib. 9. Tit. xvi. de Maleficiis. 1. 4. Vid. et l. 5. et l. 6. Tom. 3. p. 119-124. Ad Theodosii Magni constitutiones, quæ sex numero hoc titulo occurrunt, puta 7, 8, 9, 10, 11, 12, a Constantio Imp. magno principum et annorum hiatu, [25 sc.] nunc provehimur; nullis Juliani, Joviani, Valentiniani, Valentis, Gratiani, adversus Paganos et sacrificia hunc in titulum relatisHujus vero rei causa hæc est: Quia (verba sunt Symmachi in Relatione ad Valentinianum, hanc in rem singulariâ :) ́ si 'numerentur hi' (quos modo dixi) ‘Principes utriusque sectæ, ' utriusque sententiæ, proximus eorum cæremonias patrum,' (id est, Gentilium) coluit, recentior non removit. Dissimulationem ideo et conniventiam horum posteriorum principum Symmachus laudat; memorat et Ambrosius, lib. 1. et 2. adversus Symmachum. Gothof, ibid. i. T. 6. p. 267. — εγραψε τοις ήγεμενοις των εθνών, εν ταις εκκλησιας αθροιζεσθαι, και το θείον επιμελως θεραπεύειν και μόνην είναι σεβας τοις αρχομενοις την των Χρισιανων πισιν. Soz. lib. 6. cap. 3. p. 640. of Symmachus, in his petition to the younger Valentinian, where he says: Certainly if we * reckon up the princes of each sect, and of each opinion, one of your near ancestors [meaning Julian] favoured the rites of our fathers: another still nearer in time, [meaning Valentinian the first] did not receive them. If the piety of the former does not afford an example to be ⚫ imitated, however still let the connivance of the latter be of some weight.' But to be somewhat more particular: Jovian published a law of universal toleration, for which he was commended by Themistius, as we saw some while b ago. с d Of Valentinian, Ammianus says, as we have also seen already, that he was remarkable for the moderation of his government, and that he stood neuter among all the diversities of religion, and was troublesome to none. He did not require any to follow either this or that; nor did he strive by edicts to bend the necks of his subjects to his own way of worship, but left things untouched in the condition in which he found them.' A strong testimony of moderation! And in a law against soothsaying, published by him in the year 371: he forbids it no ⚫ otherwise than as it might be hurtful, and openly declares that from the beginning of his 'government, it had been his maxim to let all men follow that way of worship which was best approved by them.' Which law conspires completely with the testimony of Ammianus just mentioned, and abundantly confirms it. f And we may here recollect what we formerly saw in Zosimus, that Valentinian had forbid ' nocturnal sacrifices, with a view of preventing those enormities which are sometimes committed in those seasons; but upon the remonstrance of Prætextatus,' as he says, the emperor was persuaded to let that law lie dormant, as to Greece at least.' g And agreeably to our present argument, Cave says: the Gentiles for the main had enjoyed the peaceable exercise of their religion for many years, having met with little or no interruption in it since the times of Constantius. And for the first two years of Theodosius, almost wholly taken up with wars, their temples were open, and they had the freedom of their rites and ceremonies.' It may be also not improper to put down here the general observations of Pagi upon this period, and the state of Gentilism at this time. During the reign of Constantine,' says he, the Gentiles had liberty, either in whole, or in part, to celebrate publicly the rites and solemnities of their religion. And upon the restoration of the Christian religion after Julian, in the time of Valentinian the elder, the Pagans enjoyed great liberty. They still had their own opinion, their own rites, their temples, and the solemnities belonging to them. And in the beginning of the reign of Theodosius, for some while they enjoyed the privilege of sacrificing till the year 391, in which Valentinian the younger, with the advice of Theodosius, forbade at Rome and Italy the offering of victims and sacrifices, entrance into temples, and the worship of images: as may be seen in the eleventh law in the Theodosian Code concerning Pagans, which 'was issued at Milan.' So Pagi. But instead of the eleventh law in that title, I suppose he meant the tenth: for the eleventh law in that title relates to Egypt. V. We are now in the next place to observe the laws of Theodosius and succeeding emperors against the Gentiles. 1. In the year 381 was issued a law of Theodosius, with the joint authority of Gratian, and See his Introduction, as before, p. lix. where he also refers to Zosimus, 1. 4. p. 455. Imperante Constantino Magno, licuit adhuc Gentilibus sua solennia vel in totum vel in partem publice agitare. Reparatâ dein post Julianum Apostatam Christianâ religione sub Valentiniano seniore, sua quoque Paganis sententia, sui ritus, templaque, et templorum solennia relicta fuere. Theodosio demum imperante, et sacrificia aliquamdiu exercere licuit, ad annum Christi 391, quo Valentinianus junior Theodosii M. consilio Romæ et in Italia sacrificia hostiarum seu victimarum, templorumque ingressum et simulacrorum cultum prohibuit, lege xi. Cod. Theod. de Paganis, eo anno Mediolani emissâ, et in Annalibus a Baronio memoratâ. Pagi ann. 366. num. vii, 3 L a the younger Valentinian, against apostates: that they who apostatised from Christianity to Paganism should lose the power of making a will.' b с This, as Gothofred says, is the first law of the kind that ever was enacted by a Christian emperor. However, this law was afterwards ratified, and followed by other laws of Theodosius the great, Valentinian the younger, Arcadius, Honorius, and Theodosius the second, with the addition of other clauses, so that the friends and kindred of apostates might have no benefit of inheritance. d 2. In the same year with the first law before mentioned [that is in the year 381], and by the same authority of Gratian, Valentinian the younger and Theodosius, was enacted a law forbidding all sacrifices in the way of divination, either by day or by night, either in the temples or elsewhere, upon the pain of proscription. And it is there added: " that God is to be worshipped with pure and chaste prayers, not with profane charms and incantations.' It is allowed by Cave, and other learned men, that by this law no other sacrifices are forbidden, but such as were performed in the way of divination, and for discovering futurities, and especially such as related to the state, and public affairs. However, upon occasion of this, and perhaps some other like subsequent laws, Zosimus complained that the temples in the city and the country were attacked, and that men might no longer lift up their eyes to heaven, or pay their devotions to the things therein without danger of their heads.' g 3. In the year 382 was published another law of Theodosius, concerning a magnificent temple in the province of Osrhoene, or Edessa, as is supposed, which was adorned with many 'statues, and of curious workmanship, allowing that it should be open, and be frequented, pro⚫vided no sacrifices were performed there.' h It is supposed that this temple had been shut up, but now, at the earnest request of some, and for avoiding too much offence, it was allowed to stand open. However, this temple, as it seems, had been destroyed before Libanius composed his oration for the temples. It is supposed that he complains of it in one part of his oration. 4. In the year 385 was published another law of Theodosius, forbidding sacrifices, especially such as were made in the way of divination, and for discovering futurities, upon pain of death.' This law is addressed to Cynegius, præfect of the Prætorium in the East. And it must be understood to prohibit sacrifices in Egypt, at least in the way of divination. Libenius may refer to this law, when he says in the above-mentioned oration, that sacrifices were forbidden, but not incense; which was done soon after this, in a law published in the year 392, as we shall see presently. 5. In the year 391 was published a law of Theodosius, in which all sacrifices of innocent victims, and access to the temples, and the worship of senseless images are prohibited.' • His qui ex Christianis Pagani facti sunt, eripiatur facultas jusque testandi. Omne defuncti, si quod est testamentum, submotâ conditione rescindatur. Cod. Theod. lib. xvi. Tit. vii. De Apostatis, 1. 1. Tom. 6. p. 203. Inquies, nullæne ergo ante Theodosium Magnum in hoc genus apostatarum, qui ex Christianis Pagani facti fuissent, ab Imperatoribus constitutiones promulgatæ fuerunt? Nullæ, inquam, mihi occurrunt. Et Theodosius Magnus, ni fallor, primus Imperatorum Christianorum eos constitutionibus insectatus est, &c. Goth. Tom. 6. p. 203. Vid. lib. xvi. Tit. vii. de Apostatis, 1. 2, 3, 4, 5, 6, 7. d Si quis vetitis sacrificiis, diurnis nocturnisque, velut væsanus ac sacrilegus incertorum consultorum, inmiserit, fanumque sibi aut templum ad hujusmodi sceleris excusationem adsumendum crediderit, vel pulsaverit adeundum, proscriptioni se noverit subjugandum; cum nos justâ institutione moneamus, castis Deum precibus, non diris carminibus profanandum. lib. 16. Tit. x. 1. 7. Tom. 6. 266. e Introduction. p. lx. f Vid. Zos. I. 4. p. 758. P. Edem olim frequentiæ dedicatam, cœtui etiam, populoque communem, in quâ simulacra feruntur posita, artis pretio quam divinitate metienda, jugiter patere, publici consilii auctoritate decernimus-Experientia tua, omni votorum celebritate servatâ, auctoritate nostri ita patere templum permittat oraculis, ne illic prohibitorum usus sacrificiorum, hujus occasionis aditus permissus esse credatur. Lib. 16. Tit. x. l. 8. Tom. 6. p. 268. De quo tamen in consilio ejus [nempe Theodosii] dubitatum fuerat: nonnullis contendentibus, occludi oportere, duobus argumentis- -Verum contra contendentibus aliis, ac nominatim Gentilibus, quorum magnus tum in Palatio seu comitatu Theodosii Magni numerus erat. Goth. T. 6. p. 268. i Vide pro Templis. Or. p. 27, &c. Si quis mortalium ita faciendi sacrificii sumat audaciam, ut inspectione jecoris, extorumque præsagio vanæ spem promissionis accipiat, vel, quod est deterius, futura exsecrabili consultatione cognoscat. Acerbioris etenim imminebit supplicii cruciatus eis, qui, contra vetitum, præsentium vel futurorum explorare temtaverint veritatem. Lib. 16. Tit. x. l. 9. T. 6. p. 270. Nemo se hostiis polluat, nemo insontem victimam cædat, nemo delubra adeat, templa perlustret, et mortali opère formata simulacra suspiciat; ne divinis atque humanis sanctionibus reus fiat. Ibid, 1. x. T. 6. p. 27. a This law was particularly designed for Rome and Italy. This is the law to which Pagi referred in the paragraph cited from him some while ago. It is allowed by Gothofred also, that all these things are here absolutely forbidden by this law of Theodosius, and the younger Valentinian. And it is considered by him, as well as by Pagi, as the first law of the kind since Constantius. b 6. In the same year, 391, a like law was published by Theodosius for Ægypt, forbidding sacrifices and access to temples.' The execution of this law is referred to Euagrius præfect, and Romanus count of Egypt. Soon after which followed the demolition of the temple of Serapis at Alexandria. 7. In the year 392 was published a severe law of Theodosius, directed to Rufinus, præfect of the Prætorium, forbidding to men of all ranks every kind of heathenish worship. d Let no man, of what order, rank, or quality soever he may be presume in any place, or any city to offer but an harmless sacrifice to senseless images, or pay any adoration to his genius, or household gods, by offerings of wine, setting up lights, burning frankincense, hanging up garlands to them. And if any man shall dare to offer a sacrifice, or consult the reeking entrails, let it be lawful for any one to accuse him, and being found guilty, let him receive 'sentence accordingly, as in cases of high treason, although it should appear that he did not herein consult any thing against the life of his prince, or make any inquiries at all about it. • For it is enough to aggravate the greatness of his crime, that he would rescind the laws of nature, search into things unlawful, disclose what is secret, attempt what is prohibited, inquire ⚫ into another's fate, and give hopes of his death or ruin. But if any man shall burn incense to a corruptible image, the work of men's hands, and by a ridiculous example honour that which himself has just now framed, and shall by crowning the stock with garlands, or by erecting an altar of turfs, do what he can, though but in a mean way, yet a way highly injurious to religion, to pay worship to senseless images; let him, as a person guilty of the violation of religion, be punished with the loss of that house or field wherein it shall be proved that he practised such Pagan superstition. For it is our judgment that all places wherein it shall appear that incense has been burned (provided they be legally proved to be the persons that did it), ought to be confiscated to our treasury. But if it shall so happen that the place where such a kind of sacrifice has been performed be a public temple, or consecrated chapel, or another 'man's house or ground, if it appear that it was done without the knowledge of the owner, let him be fined in the sum of xxv pounds of gold: and let him that connives at it, and conceals ⚫it, be fined in the same sum with him who sacrificeth. And our pleasure is, that this be so a Sacrificia hostiarum seu victimarum, templorumque ingressus, simulacrorum denique cuilus hac constitutione, anno D. 391, prorsus inhibentur. Goth. T. 6. p. 272. b Ergo hâc primum post Constantinum, Constantem, et Constantium, Valentiniani Jun. constitutione sacrificia Romæ atque in Italià prohibita. Quæ paullo ante hanc legem Romæ stetisse Libanius diserte testatur in oratione, quam edidi UTEP TWY ispwy, quæ scripta est A. D. 387. [forte 391.] Goth. ibid. c Theodosii M. quinta hoc titulo lex per Ægyptum: Quo sacrificia, aditusque templorum interdicuntur. Euagrio PF. Aug. et Romano Com. Ægypt. Nulli sacrificandi tribuatur potestas: nemo templa circumeat: nemo delubra suspiciat ; interclusos sibi nostræ legis obstaculo profanos aditus recognoscant; adeo ut, si quis vel de Diis aliquid, contra vetitum, sacrisque molietur, nullis exuendum se indulgentiis recognoscat, &c. Eod. Tit. 1. xi. T. 6. p. 272. d Nullus omnino, ex quolibet genere, ordine hominum, dignitatum, vel in potestate positus, vel honore perfunctus, sive potens sorte nascendi, seu humilis genere, conditione, fortuna, in nullo penitus loco, in nullâ urbe, sensu carentibus simulacris vel insontem victimam cædat, vel secretiore piaculo, Larem, ignem, Genium, Penates nidore veneratus, accendat lumina, imponat thura, serta suspendat. II. Quod si quispiam immolare hostiam sacrificaturus audebit, aut spirantia exta consulere, ad exemplum majestatis reus, licitâ cunctis accusatione, delatus, excipiat sententiam competentem, etiamsi nihil contra salutem Principum, aut de salute quæ sierit. Sufficit enim ad criminis molem, naturæ ipsius leges velle rescindere, illicita perscrutari, occulta recludere, interdicta tentare, finem quærere salutis aliena, spem alieni interitûs polliceri. III. Si quis vero mortali opere facta, et ævum passura simulacra imposito thure venerabitur, ac (ridiculo exemplo metuens subito quod ipse simulaverit) vel redimita vittis arbore, vel erectâ effossis arâ cespitibus vanas imagines, humiliore licet muneris præmio, tamen plenâ religionis injuriâ, honorare tentaverit, is, utpote violate religionis reus, eâ domo seu possessione multabitur, in quâ eum gentilitiâ constiterit superstitione famulatum. Namque omnia loca, quæ thuris constiterit vapore fumâsse, (si tamen ea in jure fuisse thurificantium probabuntur) fisco nostro adsocianda censemus. IV. Sin vero in templis fanisve publicis, aut in ædibus, agrisve alienis, tale quispiam sacrificandi genus exercere tentaverit, si ignorante doinino usurpata constiterit, xxv. librarum auri multæ nomine cogetur inferre ; conniventem vero huic sceleri par ac sacrificantem pœna retinebit. Quod quidem ita per Judices ac Defensores, et Curiales singularum urbium, volumus custodiri, ut illico per hos comperta in Judicium deferantur: per illos delata plectantur. Si quid autem ii tegendum gratia, aut incuriâ prætermittendum esse crediderint, commotioni judiciariæ subjacebunt. Illi vero moniti, si vindictam dissimulatione distulerint, xxx. librarum auri dispendio multabuntur: Officiis quoque eorum damno parili subjugandis. Dat. vi. Id. Nov. CP. Arcadio A. II. et Rufino Coss. [392.] Eod. Tit. 1. xii. T. 6. p. 273, 274. |