International Standard Bible Encyclopedia
ar'-mi, ro'-man; The treatment of this subject will be confined to
(I) a brief description of the organization of the army, and
(II) a consideration of the allusions to the Roman military establishment in the New Testament.
There were originally no standing forces, but the citizens performed military service like any other civic duty when summoned by the magistrates. The gradual development of a military profession and standing army culminated in the admission of the poorest class to the ranks by Marius (about 107 B.C.). Henceforth the Roman army was made up of a body of men whose character was essentially that of mercenaries, and whose term of continuous service varied in different divisions from 16 to 26 years.
The forces which composed the Roman army under the Empire may be divided into the following five groups:
(1) the imperial guard and garrison of the capital,
(2) the legions,
(3) the auxilia,
(4) the numeri,
(5) the fleet. We shall discuss their organization in the order mentioned.
1. The Imperial Guard:
The imperial guard consisted of the cohortes praetoriae, which together with the cohortes urbanae and vigiles made up the garrison of Rome. In the military system as established by Augustus there were nine cohorts of the praetorian guard, three of the urban troops, and seven of the vigiles. Each cohort numbered 1,000 men, and was commanded by a tribune of equestrian rank. The praetorian prefects (praefecti praetorii), of whom there were usually two, were commanders of the entire garrison of the capital, and stood at the highest point of distinction and authority in the equestrian career.
2. The Legions:
There were 25 legions in 23 A.D. (Tacitus Annals 4, 5), which had been increased to 30 at the time of the reign of Marcus Aurelius, 160-180 A.D. (CIL, VI, 3492 a-b) and to 33 under Septimius Severus (Dio Cassius, iv. 23-24). Each legion was made up, ordinarily, of 6,000 men, who were divided into 10 cohorts, each cohort containing 3 maniples, and each maniple in turn 2 centuries.
The legatus Augustus pro praetore, or governor of each imperial province, was chief commander of all the troops within the province. An officer of senatorial rank known as legatus Augusti legionis was entrusted with the command of each legion, together with the bodies of auxilia which were associated with it. Besides, there were six tribuni militum, officers of equestrian rank (usually sons of senators who had not yet held the quaestorship) in each legion. The centurions who commanded the centuries belonged to the plebeian class. Between the rank of common soldier and centurion there were a large number of subalterns, called principales, who correspond roughly to the non-commissioned officers and men detailed from the ranks for special duties in modern armies.
3. The "Auxilia":
The auxilia were organized as infantry in cohortes, as cavalry in alae, or as mixed bodies, cohortes equitatae. Some of these divisions contained approximately 1,000 men (cohortes or alae miliariae), but the greater number about 500 (cohortes or alae quingenariae). They were commanded by tribuni and praefecti of equestrian rank. The importance of the auxilia consisted originally in the diversity of their equipment and manner of fighting, since each group adhered to the customs of the nation in whose midst it had been recruited. But with the gradual Romanization of the Empire they were assimilated more and more to the character of the legionaries.
4. The "Numeri":
The numeri developed out of the provincial militia and began to appear in the 2nd century A.D. They maintained their local manner of warfare. Some were bodies of infantry, others of cavalry, and they varied in strength from 300 to 90 (Mommsen, Hermes, XIX, 219, and XXII, 547). Their commanders were praepositi, praefecti or tribuni, all men of equestrian rank.
5. The Fleet:
The fleet was under the command of prefects (praefecti classis), who took rank among the highest officials of the equestrian class. The principal naval stations were at Misenum and Ravenna.
6. Defensive Arrangements:
Augustus established the northern boundary of the Empire at the Rhine and at the Danube, throughout the greater part of its course, and bequeathed to his successors the advice that they should not extend their sovereignty beyond the limits which he had set (Tacitus Annals i0.11; Agricola 13); and although this policy was departed from in many instances, such as the annexation of Thrace, Cappadocia, Mauretania, Britain, and Dacia, not to mention the more ephemeral acquisitions of Trajan, yet the military system of the Empire was arranged primarily with the view of providing for the defense of the provinces and not for carrying on aggressive warfare on a large scale. Nearly all the forces, with the exception of the imperial guard, were distributed among the provinces on the border of the Empire, and the essential feature of the disposition of the troops in these provinces was the permanent fortress in which each unit was stationed.
The combination of large camps for the legions with a series of smaller forts for the alae, cohorts, and numeri is the characteristic arrangement on all the frontiers. The immediate protection of the frontier was regularly entrusted to the auxiliary troops, while the legions were usually stationed some distance to the rear of the actual boundary. Thus the army as a whole was so scattered that it was a difficult undertaking to assemble sufficient forces for carrying out any considerable project of foreign conquest, or even to cope at once with a serious invasion, yet the system was generally satisfactory in view of the conditions which prevailed, and secured for the millions of subjects of the Roman Empire the longest period of undisturbed tranquillity known to European history.
7. Recruiting System:
In accordance with the arrangements of Augustus, the cohortes praetoriae and cohortes urbanae were recruited from Latium, Etruria, Umbria, and the older Roman colonies (Tacitus Annals 4, 5), the legions from the remaining portions of Italy, and the auxilia from the subject communities of the Empire (See ck, Rheinisches Museum, XLVIII, 616).
But in course of time the natives of Italy disappeared, first from the legions, and later from the garrison of the capital. Antoninus Plus established the rule that each body of troops should draw its recruits from the district where it was stationed. Henceforth the previous possession of Roman citizenship was no longer required for enlistment in the legions. The legionary was granted the privilege of citizenship upon entering the service, the auxiliary soldier upon being discharged (See ck, Untergang der antiken Welt, I, 250).
II. Allusions in the New Testament to the Roman Military Establishment.
Such references relate chiefly to the bodies of troops which were stationed in Judea. Agrippa I left a military establishment of one ala and five cohorts at his death in 44 A.D. (Josephus, Ant, XIX, ix, 2; BJ, III, iv, 2), which he had doubtless received from the earlier Roman administration. These divisions were composed of local recruits, chiefly Samaritans (Hirschfeld, Verwaltungsbeamte, 395; Mommsen, Hermes, XIX, 217, note 1). The Ala I gemina Sebastenorum was stationed at Caesarea (Josephus, Ant, XX, 122; BJ, II, xii, 5; CIL, VIII, 9359).
1. Augustan Band:
Julius, the centurion to whom Paul and other prisoners were delivered to be escorted to Rome (Acts 27:1), belonged to one of the five cohorts which was stationed at or near Caesarea. This Speira Sebaste (Westcott-Hort), "Augustus' Band" (the Revised Version (British and American) "Augustan band"; the Revised Version, margin "cohort"), was probably the same body of troops which is mentioned in inscriptions as Cohors I Augusta (CIL, Supp, 6687) and Speira Augouste (Lebas-Waddington 2112). Its official title may have been Cohors Augusta Sebastenorum (GVN). It will be observed that all divisions of the Roman army were divided into companies of about 100 men, each of which, in the infantry, was commanded by a centurion, in the cavalry, by a decurion.
2. Italian Band:
There was another cohort in Caesarea, the "Italian band" (Cohors Italica, Vulgate) of which Cornelius was centurion (Acts 10:1: ek speires tes kaloumenes Italikes). The cohortes Italicae (civium Romanorum) were made up of Roman citizens (Marquardt, Romische Staatsverwaltung, II, 467).
3. Praetorian Guard:
One of the five cohorts was stationed in Jerusalem (Matthew 27:27 Mark 15:16), the "chief captain" of which was Claudius Lysias. His title, chiliarchos in the Greek (Acts 23:10, 15, 17, 19, 22, 26; Acts 24:7 the King James Version), meaning "leader of a thousand men" (tribunus, Vulgate), indicates that this body of soldiers was a cohors miliaria. Claudius Lysias sent Paul to Felix at Caesarea under escort of 200 soldiers, 70 horsemen, and 200 spearmen (Acts 23:23). The latter (dexiolaboi, Westcott and Hort, The New Testament in Greek) are thought to have been a party of provincial militia. Several centurions of the cohort at Jerusalem appear during the riot and subsequent rescue and arrest of Paul (Acts 21:32; Acts 22:25, 26; 23:17, 23). The cohortes miliariae (of 1,000 men) contained ten centurions. A centurion, doubtless of the same cohort, was in charge of the execution of the Saviour (Matthew 27:54 Mark 15:39, 44, 45 Luke 23:47). It was customary for centurions to be entrusted with the execution of capital penalties (Tacitus Ann. i0.6; xvi0.9; xvi0.15; Hist. ii.85).
The the King James Version contains the passage in Acts 28:16: "The centurion delivered the prisoners to the captain of the guard" (stratopedarches), which the Revised Version (British and American) omits. It has commonly been held that the expression stratopedarches was equivalent to praetorian prefect (praefectus praetorius), and that the employment of the word in the singular was proof that Paul arrived in Rome within the period 51-62 A.D. when Sex. Afranius Burrus was sole praetorian prefect. Mommsen (Sitzungsberichte der Berliner Akademie (1895), 491-503) believes that the sentence in question embodies an ancient tradition, but that the term stratopedarches could not mean praefectus praetorius, which is never rendered in this way in Greek. He suggests that it stands for princeps castrorum peregrinorum, who was a centurion in command of the frumentarii at Rome. These were detachments of legionary soldiers who took rank as principales. They served as military couriers between the capital and provinces, political spies, and an imperial police. It was probably customary, at least when the tradition under discussion arose, for the frumentarii to take charge of persons who were sent to Rome for trial (Marquardt, Romische Staatsverwaltung, II, 491-94).
Comprehensive discussions of the Roman military system will be found in Marquardt, Romische Staatsverwaltung, II, 319-612, and in Pauly-Wissowa, Realencyclopadie, article "Exercitus."
George H. Allen
ROMAN EMPIRE AND CHRISTIANITY, 1
I. OUTLINE OF THE ROMAN EMPIRE
1. Roman Empire a Result of Social Conflict
2. Coming of Monarchy
(1) Exhaustion of Parties
(2) Inability of Either Aristocracy or Democracy to Hold Equilibrium
(4) Withdrawal from Public Life: Individualism
(7) Imperial Interests
(8) Influence of Orient
II. PREPARATION OF THE ROMAN EMPIRE FOR CHRISTIANITY
1. Pax Romana and the Unification of the World
4. Protection for Greek Culture
8. Pattern for a Universal Church
9. Roman Jurisprudence
10. Negative Preparation
III. ATTITUDE OF THE ROMAN EMPIRE TO RELIGIONS
1. Roman or State Religion
2. Non-Roman Religions-religiones licitae and religiones illicitae
(1) Judaism a religio licita
(2) Why Christianity Was Alone Proscribed
(3) Two Empires: Causes of Conflict
(a) Confusion of Spiritual and Temporal
(b) Unique Claims of Christianity
(c) Novelty of Christianity
(d) Intolerance and Exclusiveness of the Christian Religion and Christian Society
(f) Aggressiveness against Pagan Faith
(g) Christianos ad leones: Public Calamities
(h) Odium generis humani
(4) The Roman Empire Not the Only Disturbing Factor
IV. RELATIONS BETWEEN THE ROMAN EMPIRE AND CHRISTIANITY
1. Beginning of Christianity until Death of Nero, 68 A.D.
2. Flavian Period, 68-96 A.D.
3. The Antonine Period, 96-192 A.D.
4. Changing Dynasties, 192-284 A.D.
5. Diocletian until First General Edict of Toleration, 284-311 A.D.
6. First Edict of Toleration until Extinction of Western Empire, 311-476 A.D.
V. VICTORY OF CHRISTIANITY AND CONVERSION OF THE ROMAN EMPIRE
1. Negative Causes
2. Positive Causes
I. Outline of the Roman Empire.
1. Roman Empire a Result of Social Conflict:
The founding of the Roman empire was the grandest political achievement ever accomplished. The conquests of Alexander the Great, Charlemagne and Napoleon seem small compared with the durable structure reared by Julius and his successor, Augustus. In one sense Julius Caesar-the most wonderful man that Rome or any other country produced-was the founder of the empire, and Augustus the founder of the principate. But the Roman empire was the culmination of a long process of political, constitutional, and social growth which gives a lasting interest to Roman history. The Roman empire was the only possible solution of a 700 years' struggle, and Roman history is the story of the conflict of class with class, patrician against plebeian, populus against plebs, the antagonism of oligarchy and democracy, plutocracy against neglected masses. It is the account of the triumphant march of democracy and popular government against an exclusive governing caste. Against heavy odds the plebeians asserted their rights till they secured at least a measure of social, political and legal equality with their superiors (see ROME, I, 2-4). But in the long conflict both parties degenerated until neither militant democracy nor despotic oligarchy could hold the balance with justice. Democracy had won in the uphill fight, but lost itself and was obliged to accept a common master with aristocracy. It was of no small importance for Christianity that the Roman empire-practically synonymous with the orbis terrarum-had been converging both from internal and external causes toward a one-man government, the political counterpart of a universal religion with one God and Saviour.
(1) Julius Caesar.
For a couple of generations political leaders had foreseen the coming of supreme power and had tried to grasp it. But it was Julius Caesar who best succeeded in exploiting democracy for his own aggrandizement. He proved the potent factor of the first triumvirate (60 B.C.); his consulship (59) was truly kingly. In 49 B.C. he crossed the Rubicon and declared war upon his country, but in the same year was appointed Dictator and thus made his enemies the enemies of his country. He vanquished the Pompeians-senatorial and republican-at Pharsalia in 48 B.C., Thapsus in 46 B.C., and Munda in 45 B.C. Between 46 and the Ides of March 44 no emperor before Diocletian was more imperial. He was recognized officially as "demigod"; temples were dedicated to his "clemency." He encouraged the people to abdicate to him their privileges of self-government and right of election, became chief (princeps) of the senate and high priest (pontifex maximus), so that he could manipulate even the will of the gods to his own purposes. His plans were equally great and beneficent. He saw the necessity of blending the heterogeneous populations into one people and extending Roman citizenship. His outlook was larger and more favorable to the coming of Christianity than that of his successor, Augustus. The latter learned from the fate of Caesar that he had advanced too rapidly along the imperial path. It taught Augustus caution.
Octavian (Augustus) proved the potent factor of the second triumvirate. The field of Actiuim on September 2, 31 B.C., decided the fate of the old Roman republic. The commonwealth sank in exhaustion after the protracted civil and internecine strife. It was a case of the survival of the fittest. It was a great crisis in human history, and a great man was at hand for the occasion. Octavian realized that supreme power was the only possible solution. On his return to Rome he began to do over again what Caesar had done-gather into his own hands the reins of government. He succeeded with more caution and shrewdness, and became the founder of the Roman empire, which formally began on January 16, 27 B.C., and was signalized by the bestowal of the title AUGUSTUS (which see). Under republican forms he ruled as emperor, controlling legislation, administration and the armies. His policy was on the whole adhered to by the Julio-Claudian line, the last of which was Nero (died 68 A.D.).
(3) Flavian Dynasty.
In 68 A.D. a new "secret of empire" was discovered, namely, that the principate was not hereditary in one line and that emperors could be nominated by the armies. After the bloody civil wars of 68, "the year of the four emperors," Vespasian founded the IInd Dynasty, and dynastic succession was for the present again adopted. With the Flavians begins a new epoch in Roman history of pronounced importance for Christianity. The exclusive Roman ideas are on the wane. Vespasian was of plebeian and Sabine rank and thus non-Roman, the first of many non-Roman emperors. His ideas were provincial rather than Roman, and favorable to the amalgamation of classes, and the leveling process now steadily setting in. Though he accepted the Augustan "diarchy," he began to curtail the powers of the senate. His son Titus died young (79-81). Domitian's reign marks a new epoch in imperialism: his autocratic spirit stands half-way between the Augustan principate and the absolute monarchy of Diocletian. Domitian, the last of the "twelve Caesars" (Suetonius), was assassinated September 18, 96 A.D. The soldiers amid civil war had elected the last dynasty. This time the senate asserted itself and nominated a brief series of emperors-on the whole the best that wore the purple.
(4) Adoptive or Antonine Emperors.
The Antonine is another distinct era marked by humane government, recognition of the rights of the provinces and an enlargement of the ideas of universalism. Under Trajan the empire was extended; a series of frontier blockades was established-a confession that Rome could advance no farther. Under Hadrian a policy of retreat began; henceforth Rome is never again on the aggressive but always on the defensive against restless barbarians. Unmistakable signs of weakness and decay set in under Antoninus Pius and Marcus Aurelius. This, the best and happiest period of Roman imperial government, was the beginning of the end. In this era we detect a growing centralization of authority; the senate practically becomes a tool of the emperor. A distinct civil service was established which culminated in bureaucracy under Hadrian.
(5) Changing Dynasties, 193-284 A.D.
On the death of Commodus, whose reign 180-93 A.D. stands by itself, the empire was put up for sale by the soldiery and knocked down to the highest bidder. The military basis of the empire was emphasized-which was indeed essential in this period of barbaric aggressiveness to postpone the fall of the empire until its providential mission was accomplished. A rapid succession of rulers follows, almost each new ruler bringing a new dynasty. Those disintegrating forces set in which developed so rapidly from the reign of Diocletian. The pax Romana had passed; civil commotion accentuated the dangers from invading barbarians. Plague and famine depopulated rich provinces. Rome itself drops into the background and the provincial spirit asserts itself proportionally. The year 212 A.D. is memorable for the edict of Caracalla converting all the free population into Roman citizens.
(6) From Diocletian until Partition.
In the next period absolute monarchy of pure oriental type was established by Diocletian, one of the ablest of Roman rulers. He inaugurated the principle of division and subdivision of imperial power. The inevitable separation of East and West, with the growing prominence of the East, becomes apparent. Rome and Italy are reduced to the rank of provinces, and new courts are opened by the two Augusti and two Caesars. Diocletian's division of power led to civil strife, until Constantine once more united the whole empire under his sway. The center of gravity now shifted from West to East by the foundation of Constantinople. The empire was again parceled out to the sons of Constantine, one of whom, Constantius, succeeded in again reuniting it (350 A.D.). In 364 it was again divided, Valentinian receiving the West and Valens the East.
(7) Final Partition.
On the death of Theodosius I (395), West and East fell to his sons Honorius and Arcadius, never again to be united. The western half rapidly degenerated before barbaric hordes and weakling rulers. The western provinces and Africa were overrun by conquering barbarians who set up independent kingdoms on Roman soil. Burgundians and Visigoths settled in Gaul; the latter established a kingdom in Spain. The Vandals under Genseric settled first in Southern Spain, then crossed to Africa and reduced it. Goths burst over Roman frontiers, settled in Illyria and invaded Italy. Alaric and his Goths spared Rome in 408 for a ransom; in 409 he appeared again and set up Attalus as king of the Romans, and finally in 410 he captured and sacked the city. It was again sacked by the Vandals under Genseric in 462, and, lastly, fell before Odoacer and his Germans in 476; he announced to the world that the empire of the West had ceased. The empire of the East continued at Constantinople the greatest political power through a chequred history down to the capture of the city in 1214 and its final capture by the Turks in 1453, when its spiritual and intellectual treasures were opened to western lands and proved of untold blessing in preparing the way for the Reformation of the 16th century. The East conquered the West intellectually and spiritually. In the East was born the religion of humanity.
2. Coming of the Monarchy:
(1) Exhaustion of Parties.
The Roman world had for two generations been steadily drifting toward monarchy, and at least one generation before the empire was set up clear minds saw the inevitable necessity of one-man government or supreme power, and each political leader made it his ambition to grasp it. The civil wars ceased for a century with the death of Antony. But the struggles of Tiberius Gracchus and Scipio Aemilianus, Caius Gracchus and Opimius, Drusus and Philippus, Marius and Sulla, Pompey and Caesar, and lastly Octavian and Antony had exhausted the state, and this exhaustion of political parties opened the way for monarchy. In fact it was a necessity for the welfare of the commonwealth that one should be elevated who could fairly hold the balance between oligarchy and the commons and duly recognize the claims of all parties. Even Cato Uticensis-the incarnation of republican ideas-admitted it would be better to choose a master than wait for a tyrant. The bloody wars could find no solution except the survival of the fittest. Moreover, the free political institutions of Rome had become useless and could no longer work under the armed oppression of factions. If any form of government, only supreme power would prove effectual amid an enfeebled, unpopular senate, corrupt and idle commons, and ambitious individuals.
(2) Inability of Either Aristocracy or Democracy to Hold Equilibrium.
Events had proved that a narrow exclusive aristocracy was incapable of good government because of its utterly selfish policy and disregard for the rights of all lower orders. It had learned to burke liberty by political murders. Neither was the heterogeneous population of later Rome disciplined to obey or to initiate just government when it had seized power. This anarchy within the body politic opened an easy way to usurpation by individuals. No republic and no form of free popular government could live under such conditions. Caesar said of the republic that it was "a name without any substance," and Curio declared it to be a "vain chimera." The law courts shared in the general corruption. The judicia became the bone of contention between the senate and the knights as the best instrument for party interests, and enabled the holders
(a) to receive large bribes,
(b) to protect their own order when guilty of the most flagrant injustice, and
(c) to oppress other orders.
Justice for all, and especially for conquered peoples, was impossible. Elective assemblies refused to perform their proper functions because of extravagant bribery or the presence of candidates in arms. In fact, the people were willing to forego the prerogative of election and accept candidates at the nomination of a despotic authority. The whole people had become incapable of self-government and were willing-almost glad-to be relieved of the necessity.
Besides, precedents for one-man government, or the concentration of supreme power in one hand, were not wanting, and had been rapidly multiplying in Roman history as it drew nearer to the end of the republic. Numerous protracted commands and special commissions had accustomed the state to the novelty of obedience without participation in administration. The 7 consulships of Marius, the 4 of Cinna, the 3 extraordinary commissions of Pompey and his sole consulship, the dictatorship of Sulla without time limit, the two 5-year-period military commands of Caesar, his repeated dictatorships the last of which was to extend for 10 years-all these were pointing directly toward Caesarism.
(4) Withdrawal from Public Life: Individualism.
On another side the way was opened to supreme power by the increasing tendency for some of the noblest and best minds to withdraw from public life to the seclusion of the heart life and thus leave the field open for demagogic ambition. After the conquests of Alexander the Great, philosophy abandoned the civic, political or city-state point of view and became moral and individual. Stoicism adopted the lofty spiritual teachings of Plato and combined them with the idea of the brotherhood of humanity. It also preached that man must work out his salvation, not in public political life, but in the secret agonies of his own soul. This religion took hold of the noblest Roman souls who were conscious of the weariness of life and felt the desire for spiritual fellowship and comfort. The pendulum in human systems of thought generally swings to the opposite extreme, and these serious souls abandoned public life for private speculation and meditation. Those who did remain at the helm of affairs-like the younger Cato-were often too much idealists, living in the past or in an ideal Platonic republic, and proved very unequal to the practical demagogues who lived much in the present with a keen eye to the future. Also a considerable number of the moderate party, who in better days would have furnished leaders to the state, disgusted with the universal corruption, saddened by the hopeless state of social strife and disquieted by uncertainty as to the issue of victory for either contending party, held aloof and must have wished for and welcomed a paramount authority to give stability to social life. Monarchy was in the air, as proved by the sentiments of the two pseudo-Sallustian letters, the author of which calls upon Caesar to restore government and reorganize the state, for if Rome perish the whole world must perish with her.
To another considerable class monarchy must have been welcome-the industrial and middle class who were striving for competence and were engaged in trade and commerce. Civil wars and the strife of parties must have greatly hindered their activity. They cast their lot neither with the optimates nor with the idle commonalty. They desired only a stable condition of government under which they could uninterruptedly carry on their trades.
Military conditions favored supreme power. Not only had the lengthened commands familiarized the general with his legions and given him time to seduce the soldiery to his own cause, but the soldiery too had been petted and spoiled like the spoon-fed populace. The old republican safeguards against ambition had been removed. The ranks of the armies had also been swollen with large numbers of provincials and non-Romans who had no special sentiment about republican forms. We have seen the military power growing more and more prominent. The only way of averting a military despotism supported and prompted by the soldiers was to set up a monarchy, holding all the military, legislative and administrative functions of the state in due proportion. This was superior to a merely nominal republic always cringing under fear of military leaders.
(7) Imperial Interests.
Lastly, the aggression and conquests of the republic had brought about a state of affairs demanding an empire. The East and the West had been subdued; many provinces and heterogeneous populations were living under the Roman eagle. These provinces could not permanently be plundered and oppressed as under the republican senate. The jus civile of Rome must learn also the jus naturale and jus gentium. An exclusive selfish senatorial clique was incapable of doing justice to the conquered peoples. One supreme ruler over all classes raised above personal ambition could best meet their grievances. The senate had ruled with a rod of iron; the provinces could not possibly be worse under any form of government. Besides, monarchy was more congenial to the provincials than a republic which they could not comprehend.
(8) Influence of Orient.
The Orientals had long been used to living under imperial and absolute forms of government and would welcome such a form among their new conquerors. Besides, residence in the Orient had affected Roman military leaders with the thirst after absolute power. And no other form was possible when the old city-state system broke down, and as yet federal government had not been dreamed of. Another consideration: the vast and dissimilar masses of population living within the Roman dominions could more easily be held together under a king or emperor than by a series of ever-changing administrations, just as the Austro-Hungarian and the British empires are probably held together better under the present monarchies than would be possible under a republican system. This survey may make clear the permanent interest in Roman history for all students of human history. The Roman empire was established indeed in the fullness of the times for its citizens and for Christianity.
II. Preparation of the Roman Empire for Christianity.
About the middle of the reign of Augustus a Jewish child was born who was destined to rule an empire more extensive and lasting than that of the Caesars. It is a striking fact that almost synchronous with the planting of the Roman empire Christianity appeared in the world. Although on a superficial glance the Roman empire may seem the greatest enemy of early Christianity, and at times a bitter persecutor, yet it was in many ways the grandest preparation and in some ways the best ally of Christianity. It ushered in politically the fullness of the times. The Caesars-whatever they may have been or done-prepared the way of the Lord. A brief account must here be given of some of the services which the Roman empire rendered to humanity and especially to the kingdom of God.
1. Pax Romana and the Unification of the World:
The first universal blessing conferred by the empire was the famous pax Romana ("Roman peace"). The world had not been at peace since the days of Alexander the Great. The quarrels of the Diadochi, and the aggression of the Roman republic had kept the nations in a state of constant turmoil. A universal peace was first established with the beginning of the reign of Augustus and the closing of the temple of Janus. In all the countries round the Mediterranean and from distant Britain to the Euphrates the world was at rest. Rome had made an end of her own civil wars and had put a stop to wars among the nations. Though her wars were often iniquitous and unjustifiable, and she conquered like a barbarian, she ruled her conquests like a humane statesman. The quarrels of the Diadochi which caused so much turmoil in the East were ended, the territory of the Lagids; Attalids, Seleucids and Antigonids having passed under the sway of Rome. The empire united Greeks, Romans and Jews all under one government. Rome thus blended the nations and prepared them for Christianity. Now for the first time we may speak of the world as universal humanity, the orbis terrarum, he oikoumene (Luke 2:1), the genus humanum. These terms represented humanity as living under a uniform system of government. All were members of one earthly state; the Roman empire was their communis omnium patria.
This state of affairs contributed largely to the spread of cosmopolitanism which had set in with the Macedonia conqueror. Under the Roman empire all national barriers were removed; the great cities-Rome, Alexandria, Antioch, etc.-became meeting-places of all races and languages. The Romans were everywhere carrying their laws and civilization; Greeks settled in thousands at all important centers as professors, merchants, physicians, or acrobats; Orientals were to be found in large numbers with their gods and mysteries in Rome, "the epitome of the world." In the Roman armies soldiers from all quarters of the empire became companions. And many thousands of slaves of fine education and high culture contributed much to cosmopolitanism. Being in many cases far superior in culture to their masters, they became their teachers. And in every city of importance, East or West, large bodies of the Jewish Diaspora were settled.
This cosmopolitanism gave great impetus to a corresponding eclecticism of thought. Nothing could have been more favorable to Christianity than this intermixture of all races and mutual exchange of thought. Each people discovered how much it had in common with its neighbors. From the days of the Diadochi, Stoicism had been preaching the gospel of a civic and ethical brotherhood of humanity. In the fusion of different philosophic systems the emphasis had shifted from the city-state or political or national to the moral and human point of view. All men were thus reduced to equality before the One; only virtue and vice were the differentiating factors. Men were akin with the divine-at least the wise and good-so that one poet could say, "We are His offspring."
Stoicism did a noble service in preparation for Christianity by preaching universalism along the path of individualism. It also furnished comfort and strength to countless thousands of weary human lives and ministered spiritual support and calm resignation at many a heathen deathbed. It may be declared to be the first system of religious thought-for it was a religion more than a philosophy-which made a serious study of the diseases of the human soul. We know of course its weakness and imperfections, that it was an aristocratic creed appealing only to the elect of mortals, that it had little message for the fallen and lower classes, that it was cold and stern, that it lacked-as Seneca felt-the inspiration of an ideal life. But with all its failures it proved a worthy pedagogue to a religion which brought a larger message than that of Greece. It afforded the spiritual and moral counterpart to the larger human society of which the Roman empire was the political and visible symbol. Hitherto a good citizen had been a good man. Now a good man is a good citizen, and that not of a narrow city-state, but of the world. Stoicism also proved tile interpreter and mouthpiece to the Roman empire of the higher moral and spiritual qualities of Greek civilization; it diffused the best convictions of Greece about God and man, selecting those elements that were universal and of lasting human value.
The mind of the Roman empire was further prepared for Christianity by the Jewish Diaspora. Greeks learned from Jews and Jews from Greeks and the Romans from both. The unification effected by Roman Law and administration greatly aided the Diaspora. Jewish settlements became still more numerous and powerful both in the East and West. Those Jews bringing from the homeland the spiritual monotheism of their race combined it with Greek philosophy which had been setting steadily for monotheism. With the Jews the exclusively national element was subordinated to the more human and universal, the ceremonial to the religious. They even adopted the world-language of that day-Greek-and had their sacred Scriptures translated into this language in which they carried on an active proselytism. The Roman spirit was at first essentially narrow and exclusive. But even the Romans soon fell beneath the spell of this cosmopolitanism and eclecticism. As their conquests increased, their mind was correspondingly widened. They adopted the policy of Alexander-sparing the gods of the conquered and admitting them into the responsibility of guarding Rome; they assimilated them with their own Pantheon or identified them with Roman gods. In this way naturally the religious ideas of conquered races more highly civilized than the conquerors laid hold on Roman minds.
4. Protection for Greek Culture:
Another inestimable service rendered to humanity and Christianity was the protection which the Roman power afforded the Greek civilization. We must remember that the Romans were at first only conquering barbarians who had little respect for culture, but idealized power. Already they had wiped out two ancient and superior civilizations-that of Carthage without leaving a trace, and that of Etruria, traces of which have been discovered in modern times. It is hard to conceive what a scourge Rome would have proved to the world had she not fallen under the influence of the superior culture and philosophy of Greece. Had the Roman Mars not been educated by Pallas Athene the Romans would have proved Vandals and Tartars in blotting out civilization and arresting human progress. The Greeks, on the other hand, could conquer more by their preeminence in everything that pertains to the intellectual life of man than they could hold by the sword. A practical and political power was needed to protect Greek speculation. But the Romans after causing much devastation were gradually educated and civilized and have contributed to the uplifting and enlightenment of subsequent civilizations by both preserving and opening to the world the spiritual qualities of Greece. The kinship of man with the divine, learned from Socrates and Plato, went forth on its wide evangel. This Greek civilization, philosophy and theology trained many of the great theologians and leaders of the Christian church, so that Clement of Alexandria said that Greek philosophy and Jewish law had proved schoolmasters to bring the world to Christ. Paul, who prevented Christianity from remaining a Jewish sect and proclaimed its universalism, learned much from Greek-especially from Stoic-thought. It is also significant that the early Christian missionaries apparently went only where the Greek language was known, which was the case in all centers of Roman administration.
The state of the Roman empire linguistically was in the highest degree favorable to the spread of Christianity. The Greek republics by their enterprise, superior genius and commercial abilities extended their dialects over the Aegean Islands, the coasts of Asia Minor, Sicily and Magna Graecia. The preeminence of Attic culture and literature favored by the short-lived Athenian empire raised this dialect to a standard among the Greek peoples. But the other dialects long persisted. Out of this babel of Greek dialects there finally arose a normal koine or "common language." By the conquests of Alexander and the Hellenistic sympathies of the Diadochi this common Greek language became the lingua franca of antiquity. Greek was known in Northern India, at the Parthian court, and on the distant shores of the Euxine (Black Sea). The native land of the gospel was surrounded on all sides by Greek civilization. Greek culture and language penetrated into the midst of the obstinate home-keeping Palestinian Jews. Though Greek was not the mother-tongue of our Lord, He understood Greek and apparently could speak it when occasion required-Aramaic being the language of His heart and of His public teachings. The history of the Maccabean struggle affords ample evidence of the extent to Which Greek culture, and with it the Greek language, were familiar to the Jews. There were in later days Hellenistic bodies of devout Jews in Jerusalem itself. Greek was recognized by the Jews as the universal language: the inscription on the wall of the outer temple court forbidding Gentiles under pain of death to enter was in Greek. The koine became the language even of religion-where a foreign tongue is least likely to be used-of the large Jewish Diaspora. They perceived the advantages of Greek as the language of commerce-the Jews' occupation-of culture and of proselytizing. They threw open their sacred Scriptures in the Septuagint and other versions to the Greek-Roman world, adapting the translation in many respects to the requirements of Greek readers. "The Bible whose God was Yahweh was the Bible of one people: the Bible whose God was (kurios, "Lord") was the Bible of humanity." When the Romans came upon the scene, they found this language so widely known and so deeply rooted they could not hope to supplant it. Indeed they did not try-except in Sicily and Magna Graecia-to suppress Greek, but rather gladly accepted it as the one common means of intercourse among the peoples of their eastern dominions.
SeeLANGUAGE OF THE NEW TESTAMENT.
Though Latin was of course the official language of the conquerors, the decrees of governors generally appeared with a Greek translation, so that they might be "understanded of the people," and Greek overcame Latin, as English drove out the French of the Norman invaders. Latin poets and historians more than once complained that Graecia capta ferum victorem cepit ("conquered Greece vanquished its stern conqueror").
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ROMAN EMPIRE AND CHRISTIANITY, 2
III. Attitude of the Roman Empire to Religions.
1. Roman or State Religion:
The history of Roman religion reveals a continuous penetration of Italian, Etruscan, Greek, Egyptian and oriental worship and rites, until the old Roman religion became almost unrecognizable, and even the antiquarian learning of a Varro could scarcely discover the original meaning or use of
many Roman deities. The Roman elements or modes of worship progressively retreated until they and the foreign rites with which they were overlaid gave way before the might of Christianity. As Rome expanded, her religious demands increased. During the regal period Roman religion was that of a simple agricultural community. In the period between the Regifugium and the Second Punic War Roman religion became more complicated and the Roman Pantheon was largely increased by importations from Etruria, Latium and Magna Graecia. The mysterious religion of Etruria first impressed the Roman mind, and from this quarter probably came the Trinity of the Capitol (Jupiter, Juno, Minerva) previously introduced into Etruria from Greek sources, thus showing that the Romans were not the first in Italy to be influenced by the religion of Greece. New modes of worship, non-Roman in spirit, also came in from the Etruscans and foreign elements of Greek mythology. Latium also made its contribution, the worship of Diana coming from Aricia and also a Latin Jupiter. Two Latin cults penetrated even within the Roman pomoerium-that of Hercules and Castor, with deities of Greek origin. The Greek settlements in Southern Italy (Magna Graecia) were generous in their contributions and opened the way for the later invasion of Greek deities. The Sibylline Books were early imported from Cumae as sacred scriptures for the Romans. In 493 B.C. during a famine a temple was built to the Greek trinity Demeter, Dionysus, and Persephone, under the Latin names of Ceres, Liber, and Libera-the beginning of distrust in the primitive Roman numina and of that practice, so oft repeated in Roman history, of introducing new and foreign gods at periods of great distress. In 433 Apollo came from the same region. Mercury and Asclepius followed in 293 B.C., and in 249 B.C. Dis and Proserpina were brought from Tarentum. Other non-Roman modes of approach to deity were introduced. Rome had been in this period very broad-minded in her policy of meeting the growing religious needs of her community, but she had not so far gone beyond Italy. A taste had also developed for dramatic and more aesthetic forms of worship. The period of the Second Punic War was a crisis in Roman religious life, and the faith of the Romans waned before growing unbelief. Both the educated classes and the populace abandoned the old Roman religion, the former sank into skepticism, the latter into superstition; the former put philosophy in the place of religion, the latter the more sensuous cults of the Orient. The Romans went abroad again to borrow deities-this time to Greece, Asia and Egypt. Greek deities were introduced wholesale, and readily assimilated to or identified with Roman deities (see ROME, III, 1). In 191 B.C. Hebe entered as Juventas, in 179 Artemis as Diana, in 138 Ares as Mars. But the home of religion-the Orient-proved more helpful. In 204 B.C. Cybele was introduced from Pessinus to Rome, known also as the Great Mother (magna mater)-a fatal and final blow to old Roman religion and an impetus to the wilder and more orgiastic cults and mysterious glamor which captivated the common mind. Bacchus with his gross immorality soon followed. Sulla introduced Ma from Phrygia as the counterpart of the Roman Bellona, and Egypt gave Isis. In the wars of Pompey against the pirates Mithra was brought to Rome-the greatest rival of Christianity. Religion now began to pass into the hands of politicians and at the close of the republic was almost entirely in their hands. Worship degenerated into formalism, and formalism culminated in disuse. Under the empire philosophic systems continued still more to replace religion, and oriental rites spread apace. The religious revival of Augustus was an effort to breathe life into the dry bones. His plan was only partly religious, and partly political-to establish an imperial and popular religion of which he was the head and centering round his person. He discovered the necessity of an imperial religion. In the East kings had long before been regarded as divine by their subjects. Alexander the Great, like a wise politician, intended to use this as one bond of union for his wide dominions. The same habit extended among the Diadochian kings, especially in Egypt and Syria. When Augustus had brought peace to the world, the Orient was ready to hail him as a god. Out of this was evolved the cult of the reigning emperor and of Roma personified. This worship gave religious unity to the empire, while at the same time magnifying the emperor. But the effort was in vain: the old Roman religion was dead, and the spiritual needs of the empire continued to be met more and more by philosophy and the mysteries which promised immortality. The cult of the Genius of the emperor soon lost all reality. Vespasian himself on his deathbed jested at the idea of his becoming a god. The emperor-worship declined steadily, and in the 3rd and 4th centuries oriental worships were supreme. The religion of the Roman empire soon became of that cosmopolitan and eclectic type so characteristic of the new era.
2. Non-Roman Religions: religiones licitae and religiones illicitae:
The non-Roman religions were divided into religiones licitae ("licensed worships") and religiones illicitae ("unlicensed"). The Romans at different times, on account of earthquakes, pestilences, famine or military disasters, introduced non-Roman cults as means of appeasing the numina. This generally meant that the cults in question could be performed with impunity by their foreign adherents. It legalized the collegia necessary for these worships from which Roman citizens were by law excluded. But, generally speaking, any people settling at Rome was permitted the liberty of its own native worship in so far as the exercise of it did not interfere with the peace of the state or corrupt the morals of society. On one occasion (186 B.C.), by a decree of the senate, a severe inquisition was instituted against the Bacchanalian rites which had caused flagrant immorality among the adherents. But Rome was never a systematic persecutor. These foreign rites and superstitions, though often forbidden and their professed adherents driven from the city, always returned stronger than ever. Roman citizens soon discovered the fascination of oriental and Greek mysteries, and devoted themselves to foreign gods while maintaining the necessary formalism toward the religion of the state. Very often too Roman citizens would be presidents of these religious brotherhoods. It should not be forgotten that the original moral elements had fallen out of Roman religion, and that it had become simply a political and military religion for the welfare of the state, not for the salvation of the individual. The individual must conform to certain prescribed rites in order to avert calamity from the state. This done, the state demanded no more, and left him a large measure of freedom in seeking excitement or aesthetic pleasure in the warm and more social foreign mysteries. Thus, while the Romans retained the distinction of religiones licitae and illicitae, they seldom used severity against the latter. Many unlicensed cults were never disturbed. In fact, the very idea of empire rendered toleration of non-Roman religions a necessity. Practically, though not theoretically, the empire abandoned the idea of religiones illicitae, while it retained it upon the statute-book to use in case of such an emergency as the Christian religion involved. Not only the government was tolerant, but the different varieties of religions were tolerant and on good terms with each other. The same man might be initiated into the mysteries of half a dozen divinities. The same man might even be priest of two or more gods. Some had not the slightest objection to worshipping Christ along with Mithra, Isis and Adonis. Men were growing conscious of the oneness of the divine, and credited their neighbors with worshipping the One Unknown under different names and forms. Hadrian is said to have meditated the erection of temples throughout the empire to the Unknown God.
(1) Judaism a "religio licita."
An interesting and, for the history of Christianity, important example of a religio licita is Judaism. No more exclusive and obstinate people could have been found upon whom to bestow the favor. Yet from the days of Julius Caesar the imperial policy toward the Jew and his religion was uniformly favorable, with the brief exception of the mad attempt of Gaius. The government often protected them against the hatred of the populace. Up to 70 A.D. they were allowed freely to send their yearly contribution to the temple; they were even allowed self-governing privileges and legislative powers among themselves, and thus formed an exclusive community in the midst of Roman society. Even the disastrous war of 68-70 A.D. and the fall of Jerusalem did not bring persecution upon the Jew, though most of these self-governing and self-legislating powers were withdrawn and the Jews were compelled to pay a poll-tax to the temple of the Capitoline Jupiter. Still their religion remained licensed, tolerated, protected. They were excused from duties impossible for their religion, such as military service. This tolerance of the Jewish religion was of incalculable importance to infant Christianity which at first professed to be no more than a reformed and expanded Judaism.
(2) Why Christianity Was Alone Proscribed.
The question next arises: If such was the universally mild and tolerant policy of the empire to find room for all gods and cults, and to respect the beliefs of all the subject peoples, how comes the anomaly that Christianity alone was proscribed and persecuted? Christianity was indeed a religio illicita, not having been accepted by the government as a religio licita, like Judaism. But this is no answer. There were other unlicensed religions which grew apace in the empire. Neither was it simply because Christianity was aggressive and given to proselytism and dared to appear even in the imperial household: Mithraism and Isism were militant and aggressive, and yet were tolerated. Nor was it simply because of popular hatred, for the Christian was not hated above the Jew. Other reasons must explain the anomaly.
(3) Two Empires: Causes of Conflict.
The fact was that two empires were born about the same time so like and yet so unlike as to render a conflict and struggle to the death inevitable. The Christians were unequivocal in asserting that the society for which they were waiting and laboring was a "kingdom."
(a) Confusion of Spiritual and Temporal:
They thought not merely in national or racial but in ecumenical terms. The Romans could not understand a kingdom of God upon earth, but confused Christian ambition with political. It was soon discovered that Christianity came not to save but to destroy and disintegrate the empire. Early Christian enthusiasm made the term "kingdom" very provoking to pagan patriotism, for many, looking for the Parousia of their Lord, were themselves misled into thinking of the new society as a kingdom soon to be set up upon the earth with Christ as king. Gradually, of course, Christians became enlightened upon this point, but the harm had been done. Both the Rein empire and Christianity were aiming at a social organization to embrace the genus humanum. But though these two empires were so alike in several points and the one had done so much to prepare the way for the other, yet the contrast was too great to allow conciliation. Christianity would not lose the atom in the mass; it aimed at universalism along the path of individualism-giving new value to human personality.
(b) Unique Claims of Christianity:
It seemed also to provoke Roman pride by its absurd claims. It preached that the world was to be destroyed by fire to make way for new heavens and a new earth, that the Eternal City (Rome) was doomed to fall, that a king would come from heaven whom Christians were to obey, that amid the coming desolations the Christians should remain tranquil.
(c) Novelty of Christianity:
Again after Christianity came from underneath the aegis of Judaism, it must have taken the government somewhat by surprise as a new and unlicensed religion which had grown strong under a misnomer. It was the newest and latest religion of the empire; it came suddenly, as it were, upon the stage with no past. It was not apparent to the Roman mind that Christianity had been spreading for a generation under the tolerance granted to Judaism (sub umbraculo licitae Judeorum religionis: Tert.), the latter of which was "protected by its antiquity," as Tacitus said. The Romans were of a conservative nature and disliked innovations. The greatest statesman of the Augustan era, Maecenas, advised the emperor to extend no tolerance to new religions as subversive of monarchy (Dio Cassius lii.36). A new faith appearing suddenly with a large clientele might be dangerous to the public peace (multitude ingens: Tac. Ann. xv0.44; polu plethos Clem. Rom.; Cor 1 6).
(d) Intolerance and Exclusiveness of the Christian Religion and Christian Society:
In one marked way Christians contravcned the tolerant eclective spirit of the empire-the intolerance and absoluteness of their religion and the exclusiveness of their society. All other religions of the empire admitted compromise and eclecticism, were willing to dwell rather on the points of contact with their neighbors than on the contrast. But Christianity admitted no compromise, was intolerant to all other systems. It must be admitted that in this way it was rather unfair to other cults which offered comfort and spiritual support to thousands of the human race before the dawn of Christianity. But we shall not blame, when we recognize that for its own life and mission it was necessary to show itself at first intolerant. Many heathen would gladly accept Christ along with Mithra and Isis and Serapis. But Christianity demanded complete separation. The Jesus cult could tolerate no rival: it claimed to be absolute, and worshippers of Jesus must be separate from the world. The Christian church was absolute in its demands; would not rank with, but above, all worships. This spirit was of course at enmity with that of the day which enabled rival cults to co-exist with the greatest indifference. Add to this the exclusive state of Christian society. No pious heathen who had purified his soul by asceticism and the sacraments of antiquity could be admitted into membership unless he renounced things dear to him and of some spiritual value. In every detail of public life this exclusive spirit made itself felt. Christians met at night and held secret assemblies in which they were reputed to perpetrate the most scandalous crimes. Thyestean banquets, Oedipean incest, child murder, were among the charges provoked by their exclusiveness.
Add to this also the sullen obstinacy with which Christians met the demands of imperial power-a feature very offensive to Rein governors. Their religion would be left them undisturbed if they would only render formal obedience to the religion of the state. Roman clemency and respect for law were baffled before Christian obstinacy. The martyr's courage appeared as sheer fanaticism. The pious Aurelius refers but once to Christianity, and in the words psile parataxis, "sheer obstinacy," and Aristides apparently refers to Christianity as authadeia, stubbornness.
SeePERSECUTION, sec. 18.
(f) Aggressiveness against Pagan Faith:
But the Christians were not content with an uncompromising withdrawal from the practices of heathen worship: they also actively assailed the pagan cult. To the Christians they became doctrines of demons. The imperial cult and worship of the Genius of the emperor were very unholy in their sight. Hence, they fell under the charges of disloyalty to the emperor and might be proved guilty of majestas. They held in contempt the doctrine that the greatness of Rome was due to her reverence for the gods; the Christians were atheists from the pagan point of view. And as religion was a political concern for the welfare of the state, atheism was likely to call down the wrath of divinity to the subversion of the state.
(g) Christianos ad leones: Public Calamities:
Very soon when disasters began to fall thickly upon the Roman empire, the blame was laid upon the Christians. In early days Rome had often sought to appease the gods by introducing external cults; at other times oriental cults were expelled in the interests of public morality. Now in times of disaster Christians became the scapegoats. If famine, drought, pestilence, earthquake or any other public calamity threatened, the cry was raised "the Christians to the lions" (see NERO; PERSECUTION, sec. 12). This view of Christianity as subversive of the empire survived the fall of Rome before Alaric. The heathen forgot-as the apologists showed-that Rome had been visited by the greatest calamities before the Christian era and that the Christians were the most self-sacrificing in periods of public distress, lending succor to pagan and Christian alike.
(h) Odium generis humani:
All prejudices against Christianity were summed up in odium generis humani, "hatred for the human race" or society, which was reciprocated by "hatred of the human race toward them." The Christians were bitterly hated, not only by the populace, but by the upper educated classes. Most of the early adherents belonged to the slave, freedman and artisan classes, "not many wise, not many noble." Few were Roman citizens. We have mentioned the crimes which popular prejudice attributed to this hated sect. They were in mockery styled Christiani by the Antiochians (a name which they at first resented), and Nazarenes by the Jews. No nicknames were too vile to attach to them-Asinarii (the sect that worshipped the ass's head), Sarmenticii or Semaxii. Roman writers cannot find epithets strong enough. Tacitus reckons the Christian faith among the "atrocious and abominable things" (atrocia aut pudenda) which flooded Rome, and further designates it superstitio exitiabilis ("baneful superstition," Ann. xv.44), Suetonius (Ner. 16) as novel and maletic (novae ac maleficae), and the gentle Pliny (Ep. 97) as vile and indecent (prava immodica). Well might Justus say the Christians were "hated and reviled by the whole human race." This opprobrium was accentuated by the attacks of philosophy upon Christianity. When the attention of philosophers was drawn to the new religion, it was only to scorn it. This attitude of heathen philosophy is best understood in reading Celsus and the Christian apologists.
(4) The Roman Empire Not the Only Disturbing Factor.
Philosophy long maintained its aloofness from the religion of a crucified Galilean: the "wise" were the last to enter the kingdom of God. When later Christianity had established itself as a permanent force in human thought, philosophy deigned to consider its claims. But it was too late; the new faith was already on the offensive. Philosophy discovered its own weakness and began to reform itself by aiming at being both a philosophy and a religion. This is particularly the case in neo-Platonism (in Plotinus) in which reason breaks down before revelation and mysticism. Another force disturbing the peace of the Christian church was the enemy within the fold. Large numbers of heathen had entered the ecclesia bringing with them their oriental or Greek ideas, just as Jewish Christians brought their Judaism with them. This led to grave heresies, each system of thought distorting in its own way the orthodox faith. Later another ally joined the forces against Christianity-reformed paganism led by an injured priesthood. At first the cause of Christianity was greatly aided by the fact that there was no exclusive and jealous priesthood at the head of the Greek-Roman religion, as in the Jewish and oriental religions. There was thus no dogma and no class interested in maintaining a dogma. Religious persecution is invariably instituted by the priesthood, but in the Roman world it was not till late in the day when the temples and sacrifices were falling into desuetude that we find a priesthood as a body in opposition. Thus the Roman imperial power stood not alone in antagonism to Christianity, but was abetted and often provoked to action by
(a) popular hate,
(c) pagan priesthood,
(d) heresies within the church.
IV. Relations between the Roman Empire and Christianity.
We have here to explain how the attitude of the Roman empire, at first friendly or indifferent, developed into one of fierce conflict, the different stages in the policy-if we can speak of any uniform policy-of the Roman government toward Christianity, the charges or mode of procedure on which Christians were condemned, and when and how the profession of Christianity (nomen ipsum) became a crime. We shall see the Roman empire progressively weakening and Christianity gaining ground. For the sake of clearness we shall divide the Roman empire into six periods, the first from the commencement of the Christian era till the last of the Julio-Claudian dynasty.
1. Beginning of Christianity until Death of Nero, 68 A.D.:
At first the presence of the Christian faith was unknown to Roman authorities. It appeared first merely as a reformed and more spiritual Judaism; its earliest preachers and adherents alike never dreamed of severing from the synagogue. Christians were only another of the Jewish sects to which a Jew might belong while adhering to Mosaism and Judaism. But soon this friendly relation became strained on account of the expanding views of some of the Christian preachers, and from the introduction of Gentile proselytes. The first persecutions for the infant church came entirely from exclusive Judaism, and it was the Jews who first accused Christians before the Roman courts. Even so, the Roman government not only refused to turn persecutor, but even protected the new faith both against Jewish accusations and against the violence of the populace (Acts 21:31 f). And the Christian missionaries-especially Paul-soon recognized in the Roman empire an ally and a power for good. Writing to the Romans Paul counsels them to submit in obedience to the powers that be, as "ordained of God." His favorable impression must have been greatly enhanced by his mild captivity at Rome and his acquittal by Nero on the first trial. The Roman soldiers had come to his rescue in Jerusalem to save his life from the fanaticism of his own coreligionists. Toward the accusations of the Jews against their rivals the Romans were either indifferent, as Gallio the proconsul of Achaia, who "cared for none of those things" (Acts 18:12), or recognized the innocence of the accused, as did both Felix (Acts 24:1) and Porcius Festus (Acts 25:14). Thus the Romans persisted in looking upon Christians as a sect of the Jews. But the Jews took another step in formulating a charge of disloyalty (begun before Pilate) against the new sect as acting "contrary to the decrees of Caesar, saying that there is another king, one Jesus" (Acts 17:7; compare Acts 25:8). Christianity was disowned thus early by Judaism and cast upon its own resources. The increasing numbers of Christians would confirm to the Roman government the independence of Christianity. And the trial of a Roman citizen, Paul, at Rome would further enlighten the authorities.
The first heathen persecution of Christianity resulted from no definite policy, no apprehension of danger to the body politic, and no definite charges, but from an accidental spark which kindled the conflagration of Rome (July, 64 A.D.). Up to this time no emperor had taken much notice of Christianity. It was only in the middle of the reign of Augustus that Jesus was born. In the reign of Tiberius belong Jesus' public ministry, crucifixion and resurrection; but his reign closed too early (37 A.D.) to allow any prominence to the new faith, though this emperor was credited with proposing to the senate a decree to receive Christ into the Roman pantheon-legend of course. Under the brief principate of the mad Gaius (37-41 A.D.) the "new way" was not yet divorced from the parent faith. Gaius caused a diversion in favor of the Christians by his persecution of the Jews and the command to set up his own statue in the temple. In the next reign (Claudius, 41-54 A.D.) the Jews were again harshly treated, and thousands were banished from Rome (Judaeos impulsore Chresto assidue tumultuantes Roma expulit: Suet. Claud. 25). Some would see in this an action against the Christians by interpreting the words as meaning riots between Jews and Christians, in consequence of which some Christians were banished as Jews, but Dio Cassius (lx.6) implies that it was a police regulation to restrain the spread of Jewish worship. It was in the reign of Nero, after the fire of 64 A.D., that the first hostile step was taken by the government against the Christians, earliest account of which is given by Tacitus (Ann. xv.44). Nero's reckless career had given rise to the rumor that he was the incendiary, that he wished to see the old city burned in order to rebuild it on more magnificent plans. SeeNERO. Though he did everything possible to arrest the flames, even exposing his own life, took every means of alleviating the destitution of the sufferers, and ordered such religious rites as might appease the wrath of the gods, the suspicion still clung to him.
"Accordingly in order to dissipate the rumor, he put forward as guilty (subdidit reos) and inflicted the most cruel punishments on those who were hated for their abominations (flagitia) and called Christians by the populace. The originator of that name, Christus, had been executed by the procurator Pontius Pilatus in the reign of Tiberius, and the baneful superstition (exitiabilis superstitio) put down for the time being broke out again, not only throughout Judea, the home of this evil, but also in the City (Rome) where all atrocious and shameful (atrocia aut pudenda) things converge and are welcomed. Those therefore who confessed (i.e. to being Christians) were first arrested, and then by the information gained from them a large number (multitudo ingens) were implicated (coniuncti is the manuscript reading, not conuicti), not so much on the charge of incendiarism as for hatred of mankind (odio humani generis). The victims perished amid mockery (text here uncertain); some clothed in the skins of wild beasts were torn to pieces by dogs; others impaled on crosses in order to be set on fire to afford light by night after daylight had died..... Whence (after these cruelties) commiseration began to be felt for them, though guilty and deserving the severest penalties (quamquam adversus sontes et novissima exempla meritos), for men felt their destruction was not from considerations of public welfare but to gratify the cruelty of one person (Nero)."
This passage-the earliest classical account of the crucifixion and the only mention of Pilate in a heathen author-offers some difficulties which require to be glanced at. It is held by some that Tacitus contradicts himself by writing subdidit reos at the beginning and sontes at the end, but sontes does not mean guilty of incendiarism, but guilty from the point of view of the populace and deserving severe punishment for other supposed flagitia, not for arson. It is thus quite clear that Tacitus regards the Christians as innocent, though he had not the slightest kindly feeling toward them. Qui fatebantur means most naturally, "those who confessed to being Christians," though Arnold argues that confiteri or profiteri would be the correct word for professing a religion. But this would contradict both the sense and the other evidences of the context; for if fatebantur could mean "confessed to arson," then the whole body of Christians should have been arrested, and, further, this would have diverted suspicion from Nero, which was not the case according to Tacitus. Some Christians boldly asserted their religion, others no doubt, as in Bithynia, recanted before tribulation. By indicio eorum Ramsay (Christianity in the Roman Empire, 233) understands "on the information elicited at their trial," i.e. from information gathered by the inquisitors in the course of the proceedings. This incidental information implicated a large number of others, hence Ramsay prefers the manuscript reading coniuncti to the correction conuicti. This is in order to explain the difficulty seemingly raised, namely, that the noblest Christians who boldly confessed their Christianity would seek to implicate brethren. But it is not impossible that some of these bold spirits did condescend to give the names of their coreligionists to the Roman courts. Hence, Hardy (Christianity and the Roman Government, 67) prefers the more usual rendering of indicio eorum as "on information received from them." This may have occurred either
(1) through torture, or
(2) for promised immunity, or
(3) on account of local jealousies.
The early Christian communities were not perfect; party strife often ran high as at Corinth. And in a church like that of Rome composed of Jewish and pagan elements and undoubtedly more cosmopolitan than Corinth, a bitter sectarian spirit is easy to understand. This as a probable explanation is much strengthened and rendered almost certain by the words of Clement of Rome, who, writing to the church at Corinth (chapter vi) from Rome only a generation after the persecution, and thus familiar with the internal history of the Roman ecclesia, twice asserts that a (polu plethos = Tac. multitudo ingens) of the Roman Christians suffered (dia zelos), "through jealousy or strife." The most natural and obvious meaning is "mutual or sectarian jealousy." But those who do not like this fact explain it as "by the jealousy of the Jews." Nothing is more easily refuted, for had it been the jealousy of the Jews Clement would not have hesitated one moment to say so. Those who are familiar with the Christian literature of that age know that the Christians were none too sensitive toward Jewish feelings. But the very fact that it was not the Jews made Clement rather modestly omit details the memory of which was probably still bearing fruit, even in his day. Once more correpti, usually rendered "arrested," is taken by Hardy as "put upon their trial." He argues that this is more in accord with Tacitean usage. A "huge multitude" need not cause us to distrust Tacitus. It is a relative term; it was a considerable number to be so inhumanly butchered. There is some hesitation as to whether odio humani generis is objective or subjective genitive: "hatred of the Christians toward the human race" or "hatred of the human race toward the Christians." Grammatically of course it may be either, but that it is the former there can be no doubt: it was of the nature of a charge against Christians (Ramsay).
Some have impugned the veracity of Tacitus in this very important passage, asserting that he had read back the feelings and state of affairs of his own day (half a century later) into this early Neronian period.
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ROMAN EMPIRE AND CHRISTIANITY, 3
V. Victory of Christianity and Conversion of the Roman Empire.
Christianity was now acknowledged as the religion of both East and West. It had also grown strong enough to convert the barbarians who overran the West. It restrained and educated them under the lead of the papacy, so that its conquests now extended beyond the Roman empire.
Merivale (preface to Conversion of Roman Empire) attributes the conversion of the Roman empire to four causes: (1) the external evidence of apparent fulfillment of prophecy and the evidence of miracles, (2) internal evidence as satisfying the spiritual wants of the empire and offering a Redeemer, (3) the example of the pure lives and heroic deaths of the early Christians, and (4) the success which attended the Christian cause under Constantine. Gibbon (chapter xv of Decline and Fall) seeks to account for the phenomenal success of Christianity in the empire by (1) the zeal and enthusiasm of the early Christians, (2) the belief of Christianity in immortality with both future rewards and future retributions, (3) miracles, (4) the high ethical code and pure morals of professing Christians, and (5) strong ecclesiastical organization on imperial patterns. But neither of these lists of causes seems to account satisfactorily for the progress and success of the religion of Jesus.
1. Negative Causes:
This was due in the first place to negative causes-the moral and spiritual bankruptcy of the antique world, the internal rottenness and decay of heathen systems. All ancient national religions had failed and were abandoned alike by philosophers and the masses, and no universal religion for humanity was offered except by Christianity. Worship had degenerated into pure formalism which brought no comfort to the heart. An imperious demand for revelation was felt which no philosophy or natural religion could satisfy.
2. Positive Causes:
But it was to positive causes chiefly that the success of the new religion was due, among which were the zeal, enthusiasm, and moral earnestness of the Christian faith. Its sterling qualities were best shown in persecution and the heroic deaths of its adherents. Paganism, even with the alliance of the civil power and the prestige of its romantic past, could not withstand persecution. And when heathenism was thrown back on the voluntary system, it could not prosper as Christianity did with its ideals of self-sacrifice. The earnestness of early Christianity was raised to its highest power by its belief in a near second coming of the Lord and the end of the aeon. The means of propagation greatly helped the spread of Christianity, the principal means being the exemplary lives of its professors. It opposed moral and spiritual power to political. Besides, Christianity when once studied by the thinkers of the ancient world was found to be in accord with the highest principles of reason and Nature. But "the chief cause of its success was the congruity of its teaching with the spiritual nature of mankind" (Lecky). There was a deepseated earnestness in a large section of the ancient world to Whom Christianity offered the peace, comfort and strength desired. It was possessed also of an immense advantage over all competing religions of the Roman empire in being adapted to all classes and conditions and to all changes. There was nothing local or national about it; it gave the grandest expression to the contemporary ideal of brotherhood. Its respect for woman and its attraction for this sex gained it many converts who brought honor to it; in this respect it was far superior to its greatest rival, Mithraism. In an age of vast social change and much social distress it appealed to the suffering by its active self-denial for the happiness of others. As an ethical code it was equal and superior to the noblest contemporary systems. One incalculable advantage it could show above all religions and philosophies-the charm and power of an ideal perfect life, in which the highest manhood was held forth as an incentive to nobler living. The person of Jesus was an ideal and moral dynamic for both philosopher and the common man, far above any abstract virtue. "It was because it was true to the moral sentiments of the age, because it represented faithfully the supreme type of excellence to which men were then tending, because it corresponded with their religious wants, aims and emotions, because the whole spiritual being could then expand and expatiate under its influence that it planted its roots so deeply in the hearts of men" (Lecky, Hist of European Morals, chapter iii). Add to all this the favorable circumstances mentioned under "Preparation for Christianity," above (II), and we can understand how the Roman empire became the kingdom of Christ.
Ancient sources include Tacitus, Suetonius, Josephus, Pliny's Letters, x.97-98 (in Hardy's edition), Dio Cassius (in Xiphilin), the apologists, Church Fathers, Inscriptions, etc.
Modern sources are too numerous to mention in full, but those most helpful to the student are: Gibbon, Decline and Fall of the Roman Empire; Merivale, Hist of the Romans under the Empire; The Fall of the Roman Republic, 1856; Conversion of the Roman Empire, 1865; Milman, Hist of Christianity; Hist of Latin Christianity; Ramsay, The Church in the Roman Empire; The Expositor, IV, viii, pp. 8;, 110;, 282;; E. G. Hardy, Christianity and the Roman Government, 1894; D. Duff, The Early Church: a Hist of Christianity in the First Six Centuries, Edinburgh, 1891; J. J. Blunt, A Hist of the Christian Church during the First Three Centuries, 1861; Harnack, Mission and Expansion of Christianity, 1907; Mommsen, "Der Religionsfrevel nach rom. Recht," in Hist. Zeit, 1890, LXIV (important); Provinces of the Roman Empire; The Expositor, 1893, pp. 6;; G. Boissier, La religion romaine d'Auguste aux Antonins; La fin du paganisme; Wissowa, Religion u. Kultus der Romer; Gerb. Uhlhorn, Conflict of Christianity with Heathenism, English translation by Smyth and Ropes, 1879; B. Aube, Histoire des persecutions de l'eglise jusqu'a la fin des Antonins, 1875; Schaff, Hist of the Christian Church (with useful bibliographies of both ancient and modern authorities); Orr, Neglected Factors in Early Church Hist; Keim, Ro u. Christentum; Deissmann, Light from the Ancient East, English translation, London, 1910; Wendland, Die hellenistischromische Kultur2, 1912; F. Overbeck, "Gesetze der rom. Kaiser gegen die Christen," in his Studien, 1875; C. F. Arnold, Die Neronische Christenverfolgung; Stud. zur Gesch. der Plinianischen Christenverfolgung; Westcott, "The Two Empires," in commentary to Epistles. of John, 250-82; Friedlander, Sittengeschichte Roms; Lightfoot, Apostolic Fathers; Lecky, Hist of European Morals, chapter iii. "The Conversion of Rome."
" I. ROMAN PRIVATE LAW
1. The Twelve Tables
2. Civil Procedure
3. Jus honorarium
4. The praetor peregrinus
5. Imperial Ordinances
6. Golden Age of Juristic Literature
7. Codification in the Later Empire
II. ROMAN CRIMINAL LAW
1. Jurisdiction in the Royal Period
2. The Right of Appeal
(2) The Porcian Law
3. Popular Jurisdiction Curtailed
5. Disappearance of Criminal Courts
6. Right of Trial at Rome
In the present article we shall treat (I) Roman Private Law and (II) Criminal Law only, reserving a consideration of the development of the principles of constitutional law for the article on ROME, since it is so closely interwoven with the political history of the state.
It will be necessary to confine the discussion of private law to its external history, without attempting to deal with the substance of the law itself. In the treatment of criminal law attention will be directed chiefly to the constitutional guaranties which were intended to protect Roman citizens against arbitrary and unjust punishments, these being one of the most important privileges of Roman citizenship.
Roman law found its original source in the family as a corporation. The proprietary rights of the pater familias as representative of this primitive unit of organization are a fundamental element in private law, and the scope of the criminal jurisdiction of the state was limited by the power of life and death which was exercised by the head of the family over those who were under his authority, by virtue of which their transgressions were tried before the domestic tribunal.
It is likewise of fundamental importance to recall the fact that before the earliest period in the history of Roman law of which we have positive information, there must have been a time when a large number of different classes of crime were punished by the priests as sacrilege, in accordance with divine law (fas), by putting the offender to death as a sacrifice to the offended deity, while restitution for private violence or injustice was left to private initiative to seek. For a law of the Twelve Tables that the person guilty of cutting another's grain by night should be hanged, as an offering to Ceres, is a survival of the older religious character of condemnation to death, and the right to kill the nocturnal thief and the adulterer caught in the act may be cited as survivals of primitive private vengeance The secular conception of crime as an offense against the welfare of the state gradually superseded the older conception, while private law arose when the community did away with the disorder incident to the exercise of self-help in attempting to secure justice, by insisting that the parties to a disagreement should submit their claims to an arbitrator.
I. Roman Private Law.
1. The Twelve Tables:
Roman private law was at first a body of unwritten usages handed down by tradition in the patrician families. The demand of the plebeians for the publication of the law resulted in the adoption of the famous Twelve Tables (449 B.C.), which was looked upon by later authorities as the source of all public and private law (quae nunc quoque in hoc immenso aliarum super alias acervatarum legum cumulo fons omnis publici privdtique est iuris: Livy iii.34, 6), although it was not a scientific or comprehensive code of all the legal institutions of the time. This primitive system of law was made to expand to meet the growing requirements of the republican community chiefly by means of interpretation and the jus honorarium, which corresponds to equity.
2. Civil Procedure:
The function of interpretation may be defined by mentioning the principal elements in civil procedure. The praetor, or magistrate, listened to the claims of the litigants and prepared an outline of the disputed issues, called a formula, which was submitted to the judex, or arbitrator, a jury, as it were, consisting of one man, who decided the questions of fact involved in the case. Neither praetor nor judex had special legal training. The court had recourse, therefore, for legal enlightenment to those who had gained distinction as authorities on the law, and the opinions, or responsa, of these scholars (jurisprudentes) formed a valuable commentary on the legal institutions of the time. In this way a body of rules was amassed by interpretative adaptation which the authors of the Twelve Tables would never have recognized.
3. Jus honorarium:
Jus honorarium derived its name from the circumstance that it rested upon the authority of magistrates (honor = magistracy). In this respect and because it was composed of orders issued for the purpose of affording relief in cases for which the existing law did not make adequate provision, this second agency for legal expansion may be compared with English equity. These orders issued by the praetors had legal force during the tenure of their office only; but those the expediency of which had been established by this period of trial were generally reissued by succeeding magistrates from year to year, so that in time a large, but uniform body of rules, subject to annual renewal, formed the greater part of the edict which was issued by the praetors before entering upon their term of office. By these means Roman law maintained a proper balance between elasticity and rigidity.
4. The praetor peregrinus:
After the institution of the praetor peregrinus (241 B.C.) who heard cases in which one or both of the parties were foreigners, a series of similar edicts proceeded from those who were chosen to this tribunal. The annual edicts of the praetor peregrinus became an important means for broadening Roman law, for the strangers who appeared in the court of this magistrate were mostly Greeks from Southern Italy, so that the principles of law which were gradually formulated as a basis for proceedings were largely an embodiment of the spirit of Greek law.
5. Imperial Ordinances:
Direct legislation superseded the other sources of law under the empire, taking the form, occasionally, of bills ratified by the people (leges), but usually of enactments of the senate (senatus consulta), or imperial ordinances. The latter, which eventually prevailed to the exclusion of all other types, may be classified as edicta, which were issued by the emperor on the analogy of the similar orders of the republican magistrates, decreta, or decisions of the imperial tribunal, which had force as precedents, and rescripta, which were replies by the emperor to requests for the interpretation of the law. All these acts of imperial legislation were known as constitutiones.
6. Golden Age of Juristic Literature:
In the 2nd century Salvius Julianus was commissioned to invest the praetorian edict with definite form. The Institutes of Gaius appearing about the same time became a model for subsequent textbooks on jurisprudence (Gaii institutionum commentarii quattuor, discovered by Niebuhr in 1816 at Verona in a palimpsest). This was the Golden Age of juristic literature. A succession of able thinkers, among whom Papinian, Paulus, Ulpian, Modestinus, and Gaius hold foremost rank (compare Codex Theodosianus 1, 4, 3), applied to the incoherent mass of legal material the methods of scientific investigation, developing a system of Roman law and establishing a science of jurisprudence.
7. Codification in the Later Empire:
The period of the later empire was characterized by various attempts at codification which culminated in the final treatment of the body of Roman law under Justinian. The work of the board of eminent jurists to whom this vast undertaking was entrusted was published in three parts: (1) the Code, which contains a selection of the imperial enactments since Hadrian in twelve books, (2) the Digest or Pandects, which is composed of extracts from the juristic literature in fifty books, and (3) the Institutes, which is a textbook in four books. In this form mainly Roman private law has come down to modern times, and has become, in the words of an eminent authority Bryce, Studies in History and Jurisprudence, Oxford, 1901), next to the Christian religion, the most plentiful source of the rules governing actual conduct throughout Western Europe.
II. Roman Criminal Law.
1. Jurisdiction in the Royal Period:
In the royal period criminal jurisdiction, in so far as it was a function of secular administration, belonged by right to the king. The titles quaestores parricidii and duumviri perduellionis, belonging to officials to whom the royal authority in these matters was occasionally delegated, indicate the nature of the earliest crimes brought under secular jurisdiction. The royal prerogative passed to the republican magistrates, and embraced, besides the right to punish crimes, the power to compel obedience to their own decrees (coercitio) by means of various penalties.
2. The Right of Appeal:
But the right of the people to final jurisdiction in cases involving the life or civil status of citizens was established by an enactment (lex Valeria) which is said to have been proposed by one of the first consuls (509 B.C.), and which granted the right of appeal to the assembly (provocatio) against the execution of a capital or other serious penalty pronounced by a magistrate (Cicero De Re Publica ii.31, 54; Livy ii.8, 2; Dionysius v.19). This right of appeal was reinforced or extended by subsequent enactments (leges Valeriae) in 449 and 299 B.C. It was valid against penalties imposed by virtue of the coercive power of the magistrates as well as those based upon a regular criminal charge. Generally the magistrates made no provisional sentence of their own, but brought their charges directly before the people.
The death penalty was practically abrogated in republican times by allowing the accused the alternative of voluntary exile. The Romans rarely employed imprisonment as a punishment. The imposition of fines above a certain amount was made subject to the right of appeal. At first the dictator possessed absolute power of life and death over the citizens, but this authority was limited, probably about 300 B.C. (Livy xxvii.6, 5), by being made subject to the right of appeal
(2) The Porcian Law.
The right of appeal to the people was valid within the city and as far as the first milestone; and although it was never extended beyond this limit, yet its protection was virtually secured for all Roman citizens, wherever they might be, by the provision of the Porcian law (of unknown date), which established their right to trial at Rome. In consequence of this a distinction of great importance was created in criminal procedure in the provinces, since Roman citizens were sent to Rome for trial in all serious cases, while other persons were subject to the criminal jurisdiction of the municipalities, except when the governor summoned them before his own tribunal.
3. Popular Jurisdiction Curtailed:
The exercise of popular jurisdiction in criminal matters was gradually curtailed by the establishment of permanent courts (quaestiones perpetuae) by virtue of laws by which the people delegated their authority to judge certain classes of cases. The first of these courts was authorized in 149 B.C. for the trial of charges of extortion brought against provincial governors. Compensation was the main purpose of accusers in bringing charges before this and later permanent courts, and for this reason, perhaps, the procedure was similar to that which was employed in civil cases. A praetor presided over the tribunal; a number of judices took the place of the single juror. The laws by which Sulla reorganized the systems of criminal jurisdiction provided for seven courts dealing individually with extortion, treason, peculation, corrupt electioneering practices, murder, fraud, and assault.
The judices, or jurors, were originally chosen from the senate. A law proposed by C. Gracchus transferred membership in all the juries to the equestrian class. Sulla replenished the senate by admitting about 300 members of the equestrian class, and then restored to it the exclusive control of the juries. But a judicial law of 70 B.C. provided for the equal representation of all three classes of the people in the courts. There were then about 1,080 names on the list of available jurors, of whom 75 seem to have been chosen for each trial (Cicero In Pisonem 40). Caesar abolished the plebeian jurors (Suetonius Caesar 41). Augustus restored the representatives of the third class (Suetonius Aug. 32), but confined their action to civil cases of minor importance. He likewise excused the members of the senate from service as jurors.
5. Disappearance of Criminal Courts:
The system of criminal courts (quaestiones perpetuae) diminished in importance under the empire and finally disappeared toward the close of the 2nd century. Their place was taken by the senate under the presidency of a consul, the emperor, and eventually by imperial officials by delegated authority from the emperor. In the first case the senate stood in somewhat the same relation to the presiding consul as the jurors in the permanent courts to the praetor. But the emperor and imperial officials decided without the help of a jury, so that after the 3rd century, when the judicial competence of the senate was gradually lost, trial by jury ceased to exist. An important innovation in the judicial system of the empire was the principle of appeal from the decision of lower courts to higher tribunals. For the emperors and eventually their delegates, chiefly the praefectus urbi and praefectus praetorio, heard appeals from Roman and Italian magistrates and provincial governors.
6. Right of Trial at Rome:
Under the early empire, provincial governors were generally under obligation to grant the demand of Roman citizens for the privilege of trial at Rome (Digest xlviii. 6, 7), although there appear to have been some exceptions to this rule (Pliny, Epist. ii.1l; Digest xlviii.8, 16). Lysias, tribune of the cohort at Jerusalem, sent Paul as prisoner to Caesarea, the capital of the province, so that Felix the procurator might determine what was to be done in his case, inasmuch as he was a Roman citizen (Acts 23:27), and two years later Paul asserted his privilege of being tried at Rome by the emperor for the same reason (Acts 25:11, 21).
Roman citizens who were sent to Rome might be brought either before the senate or emperor, but cognizance of these cases by the imperial tribunal was more usual, and finally supplanted entirely that of the senate, the formula of appeal becoming proverbial: cives Romanus sum, provoco ad Caesarem (Kaisara epikaloumai: Acts 25:11).
As Roman citizenship became more and more widely extended throughout the empire its relative value diminished, and it is obvious that many of the special privileges, such as the right of trial at Rome, which were attached to it in the earlier period must have been gradually lost. It became customary for the emperors to delegate their power of final jurisdiction over the lives of citizens (ius gladii) to the provincial governors, and finally, after Roman citizenship had been conferred upon the inhabitants of the empire generally by Caracalla, the right of appeal to Rome remained the privilege of certain classes only, such as senators, municipal decurions (Digest xlviii.19, 27), officers of equestrian rank in the army, and centurions (Dio Cassius lii.22, 33).
Greenidge, The Legal Procedure of Cicero's Time, Oxford, 1901; Kruger, Geschichte der Quellen u. Litteratur des romischen Rechts, Leipzig, 1888; Mommsen, Romisches Strafrecht, Leipzig, 1899; Roby, Roman Private Law in the Times of Cicero and of the Antonines, Cambridge, 1902; Sohm, The Institutes of Roman Law, translated by J.C. Ledlie, Oxford, 1892.
George H. Allen
See ROMAN EMPIRE AND CHRISTIANITY, III; ROME, IV.
See ROME, III, 2; CITIZENSHIP.
See ROMAN LAW.
See ARMY, ROMAN.