"

Akin to the criticism of human laws as such, is the criticism of the administration of the laws in the pagan courts. This, as we shall see later, is a double-edged weapon; for it may imply either dissent from all infliction of legal penalties, or else a desire for a more just and efficient infliction of them. We must, therefore, take account of some at least of these criticisms in two places.1 Cyprianus remarks that "a patrimony entrusted to God . . . no forensic calumny will upset." 2 "What advantage is it," Commodianus asks, “. . . to know the mad forum with its legal skill, (to know) how laws shift, unless perchance they be controlled by a bribe? " 3 Arnobius relegates the rules of literary style, as comparatively unimportant," to law-suits, to the forum, and to courts of justice," 4 and says to the pagans: Because ye know how to decline verbs and nouns by cases and tenses, because ye know what are the points at issue in law-suits, how many sorts of cases there are, how many ways of pleading, . . . do ye therefore think that ye know what is false (and) what is true?" 5 The criticism of Lactantius takes the form of an emphatic disapproval of capital punishment. He believed that in earlier times capital punishment had been regarded as unlawful, exile being inflicted instead. In later times the gentiles had banished justice from their midst by persecuting the good; but even "if they slew the evil only, they would not deserve that justice should come to them; for justice had no other reason for leaving the earth than the shedding of human blood.” 7 "For when God prohibits killing, He not only forbids us to commit brigandage, which is not allowed even by the public laws, but He warns (us) not to do even those things which are regarded as legal among men. And so it will not be lawful for a just man to serve as a soldier—for justice itself is his military service-nor to accuse anyone of a capital offence, because it makes no difference whether thou kill with a sword or with a word, since killing itself is forbidden. And so, in this commandment of God, no exception at all ought to be made (to the rule) that it is always wrong to kill a man, whom God has wished to be (regarded as) a sacrosanct creature.' There is no reason to suppose that Lactantius stood

2

"8

1 See below, pp. 545f.

Cypr. Op. El. 19 (see above, pp. 512f n 8). 3 Commod. Carm. 585-588.

4 Arnob. i. 59.

Arnob. ii. 6.

Lact. Inst. II. ix. 23: 'exulibus quoque igni et aqua interdici solebat : adhuc enim nefas uidebatur quamuis malos, tamen homines supplicio capitis adficere.' It is not very clear to what period of history Lactantius is here alluding.

7 Lact. Inst. v. ix. 2.

8 Lact. Inst. VI. xx. 15 (non enim cum occidere Deus uetat, latrocinari nos

alone in this conviction. We shall have occasion later on to notice its influence on Christian conduct in connection with the tenure of public office, the use of the law-courts, and the performance of military service.

THE DUTY OF OCCASIONAL DISOBEDIENCE.-Christians reserved to themselves the right of deliberately and avowedly disobeying the laws and orders of the State, whenever those laws and orders came into conflict with what they felt to be the Law of God. The outstanding instance was, of course, the refusal to sacrifice to the pagan gods at the bidding of the Emperor or of one of his governors; and every reliable record of martyrdom might be quoted as evidence of the Christian determination on the matter.1 But while this was the main point of conflict, it was by no means the only issue on which non-compliance with a government-order was regarded as a Christian duty. When Dionysius was banished to Cephro, the prefect Æmilianus forbade him and other Christians to hold meetings; but they held them notwithstanding.2 Martyrs condemned by the judge to undertake a boxing contest refused to receive support from the imperial treasury or to undergo the necessary training for the exhibition.3 Another instance arose in the case of the well-known martyr Maximilianus, to which reference will have to be made later.4 Constancy is a virtue," says Lactantius, “not in order that we may resist those who injure (us), . . . but that, when (men) bid us act contrary to the Law of God and contrary to justice, we may be frightened away by no threats or punishments from preferring the bidding of God to the bidding of man." 5

THE CHRISTIAN OPPOSITION TO PERSECUTION.-Having thus sketched the main principles that entered into the Christian criticism and disapprobation of the State and opposition to it, we must now glance briefly at the special manifestations of this tantum prohibet, quod ne per leges quidem publicas licet, sed ea quoque ne fiant monet quae aput homines pro licitis habentur), 16 (ita neque militare iusto licebit, cuius militia est ipsa iustitia, neque uero accusare quemquam crimine capitali, quia nihil distat utrumne ferro an uerbo potius occidas, quoniam occisio ipsa prohibetur), 17 (itaque in hoc Dei praecepto nullam prorsus exceptionem fieri oportet, quin occidere hominem sit semper nefas, quem Deus sacrosanctum animal esse uoluit).

1 Cypr. Laps. 27 (of the libellaticus: cumque scriptum sit: "non potestis duobus dominis seruire," seruiuit saeculari domino, obtemperauit eius edicto, magis obaudiuit humano imperio quam Deo'); Passio Quirini 4 (Ruinart 524) (Ego autem ad aeternitatem vitae confitendo pervenio: nec vestris legibus acquiesco, quia Christi Dei mei legitima, quae fidelibus praedicavi, custodio).

2 Dion. Alex. ap. Eus. HE VII. xi. 10-13.

Eus. Mart. vii. 4, viii. 2f. ♦ See below, pp. 585f.

5 Lact. Inst. VI. xvii. 24.

opposition in the relations of Christians to the government in time of persecution. How seriously the opposition of the Church to the Empire was viewed by a ruler who was inclined to persecute appears from what Cyprianus tells us of Decius-that he would rather have heard of the rise of a rival claimant to the principate than of the appointment of a new bishop of Rome.1 Of the lapsed, i.e. of those who failed to sustain their resistance to the State's idolatrous orders, there were, of course, many different types and grades. Many of them, as soon as persecution ceased, sought readmission to the Church; and much controversy arose as to whether and on what conditions they could be taken back. The fact that a certain number of Christians had given way became a frequent subject of discussion in the judgment-courts and elsewhere in times of persecution. There were some who, while not actually offering sacrifice or eating the sacrificial food, availed themselves either of the kindness of some friendly pagan official or of some other opportunity of deception, to obtain a certificate and so secure immunity from further molestation.3 Others sought to baffle the government and protect themselves by flight. Some very eminent Christians took this course. Cyprianus and Dionysius did not hesitate to do so, and defended themselves and were defended by others for their action, which, it seems, did not pass without criticism. Others managed by various accidents and subterfuges to evade detection or compliance.5 Then, on the other hand, there were those who, stimulated by an extraordinary zeal, ex

4

1 Cypr. Ep. 55 (51) 9: cum multo patientius et tolerabilius audiret leuari aduersus se aemulum principem quam constituti Romae Dei sacerdotem. On the growing unity and power of the Church, cf. Harnack KS 148f.

2 M. Pionii iv., x. 6; Cypr. Ep. 8 (2) 2, 21 (20) 2, 55 (51) 13f, 17, 56 (52) 1, 57 (53) 3, Laps. passim; Dion. Alex. ap. Eus. HE vi. xli. 11-13, xlii. 5f, xliv.; Conybeare 203ff; Ps-Cypr. Ad Novat. passim; Didasc. v. vi. 5ff; Eus. HE VIII. iii. 1, Mart. i. 3; Peter of Alex. Ep. Can. 1-9 (Routh iv. 23–35); Lact. Inst. v. ix. II (si qui autem doloris uel mortis metu uel suapte perfidia caeleste sacramentum deseruerint et ad funesta sacrificia consenserint, eos laudant et honoribus mactant, ut eorum exemplo ceteros inliciant), xi. 15 (uidi ego in Bithynia praesidem gaudio mirabiliter elatum tamquam barbarorum gentem aliquam subegisset, quod unus qui per biennium magna uirtute restiterat postremo cedere uisus esset), xiii. 10; Can. Arel. 13; Can. Ancyra passim. 3 Cypr. Fort. 11 (Hartel i. 341).

4

Cypr. Ep. 7 (35), 8 (2) 1, 14 (5) 1, 58 (55) 4, 80 (81) 1, 81 (82) 1, Laps. 3, 10, 25; Pont. Vit. Cypr. 7f; Commod. Instr. ii. 9; Dion. Alex. ap. Eus. HE VI. xl. 1-3, xli. 6, 12, xlii. 3, VII. xi. 18-24; Acta Agapes etc. 2 (Ruinart 424); Passio Quirini 2 (Ruinart 522); Peter of Alex. Ep. Can. 9, 13 (Routh iv. 32-35, 41ff). In the last great persecution some Christians fled to the barbarians, and were kindly received (Eus. Vit. Const. ii. 53).

* Dion. Alex. ap. Eus. HE vii. xi. 21-23; Eus. HE v111. iii. 2–4, Mart. i. 4 ; Peter of Alex. Ep. Can. 5, 12: some bought themselves off, and Peter approved

of it.

posed themselves on their own initiative to the notice and severity of the government-officials, and rushed eagerly to meet the extreme penalty.1 In the persecution of Valerianus, three Palestinian Christians at first avoided martyrdom, but then, repenting, hastened to Cæsarea, gave themselves up to the judge, and were sentenced to death. In the great persecution, many similar incidents occurred. At Nicomedia Christian men and women were said to have flung themselves into the fire kindled by the pagans.3 In Thebais, as soon as sentence was pronounced against one, another would rush up to the judgment-seat, and proclaim himself a Christian. At Cæsarea, six Christian men bound their hands, hurried before Urbanus the governor as he was about to open a gladiatorial and wild-beast show, and confessed themselves Christians.5 At Catana in Sicily, the deacon Euplius, taking the Gospels in his hand, went to the proconsul's apartment, and shouted outside the curtain that hung at the door : I am a Christian, and I desire to die for the Name of Christ." Being asked to enter, he did so, confessed, was examined, sentenced, and beheaded. Such voluntary martyrdoms seem, however, to have been characteristic rather of eastern than of western Christianity; and in certain circles they were disapproved of." Detection often occurred as a result of overt or ill-disguised sympathy with those already arrested or condemned.8

The normal Christian response to the demand for the act of sacrifice or for the denial of Christianity was a firm and repeated refusal to comply, and a dogged and even cheerful acceptance and endurance of whatever form of diabolical torture the judge cared to inflict. Even if the physical act of burning incense were extorted from the accused by main force, or sacrificial food were thrust

1

Cypr. Ep. 31 (25) 5 (Moses, Maximus, etc., say: 'hostes ueritatis iam non tantum non perhorrescimus, sed prouocamus'); Dion. Alex. ap. Eus. HE VI. xli. 7 (Apollonia, an aged virgin, leaps after maltreatment into the fire); Passio Montani et Lucii xviii. 2 (Gebhardt 156f) (sed magis ipse habebat in animo certum quod et fides propria et petitio antecessorum suorum extorqueret praesidi uel inuitam, licet populo reclamante, sententiam); Conybeare 193-195. 3 Eus. HE VIII. vi. 6.

2 Eus. HE VII. xii.

4 Eus. HE VIII. ix. 4f: Eusebius witnessed this with his own eyes. Eus. Mart. iii. 3: similar incidents in ii. 1, iv. 8, ix. 4.

Acta Eupli (Ruinart 437f).

7 Cypr. Ep. 81 (82) (nec quisquam uestrum aliquem tumultum fratribus moueat aut ultro se gentilibus offerat), Act. Procons. I (cum disciplina prohibeat, ut quis se ultro offerat); Peter of Alex. Ep. Can. 9.

Passio Mariani et Jacobi iv. 7-11, ix. 2f (Gebhardt 137, 142); Dion. Alex. ap. Eus. HE VI. xli. 16, 22f; Eus. Mart. vii. 1f, viii. 6f, xi. 15f, 20, 25f, 29.

See the Martyr-Acts, passim; Dion. Alex. ap. Eus. HE vi. xli. 3, 7, 18, VII. xi. 4-11; Eus. HE viii. x. 10, Mart. ii. 1–4, vi. 6f.

or sacrificial wine poured into his mouth, so long as his will had not consented, he was held to have 'confessed' in the full sense.1 Christians furthermore refused to give up their sacred books on demand,2 or to give information as to the names or whereabouts of their brethren.3

The same feverish conditions that caused some to come forward of their own accord and give themselves up gave rise to other extraordinary and violent manifestations of feeling. When asked by the magistrate for information as to their names, and so on, some refused to say, or dallied, or quibbled, or obstinately stuck to the simple statement: "I am a Christian." Some Egyptian Christians on one occasion declared their country to be Jerusalem, meaning the heavenly City, but giving the governor the impression that they were actually building a city in opposition to the Empire. Some, during trial-scenes and on other occasions, would shout out answers or uncalled-for exclamations.5 Still more frequently do we come across the scornful defiance with which Christians braved the threats and indescribable tortures to which they were subjected. Some more particularly women in dread of violation-avoided the terrors of the tribunal by suicide. One Christian tore down the first edict of persecution posted up by Diocletianus; another fearlessly seized the governor's hand as he was in the act of sacrificing, and exhorted him to abandon his error; 9 another strode forward in open court,

8

1 Cypr. Ep. 24 (18); Eus. Mart. i. 4; Acta Tarachi etc. 8f (Ruinart 467f, 471); Peter of Alex. Ep. Can. 14.

Acta Felicis (Ruinart 390f); Acta Eupli 2 (Ruinart 438); Acta Agapes etc. 4f (Ruinart 425f); Arnob. iv. 36; Lact. Mort. Pers. xii. 2.

Acta Disput. Achat. iv. 8f, v. 1-4; Acta Agapes etc. 5 (Ruinart 426); Cypr. Act. Procons. 1.

4 Conybeare 196f; Eus. Mart. xi. 8-12; Acta Tarachi etc. 1-3 (Ruinart 452, 454f).

M. Pionii xv. 7, xvi. 1, 6, xviii. 1f; Mart. Conon. iii. 2f; Passio Montani et Lucii xiv. If; Eus. HE vIII. iii. 3, Mart. i. 4, ii. 1, vi. 6.

Martyr-Acts, passim. Cf. Cypr. Ep. 37 (15) 2 (Eant nunc magistratus et consules siue proconsules, annuae dignitatis insignibus et duodecim fascibus glorientur. ecce dignitas caelestis in uobis, etc.), 59 (54) 2; Ps-Cypr. Ad Novat. 6 (contemnentes edicta saecularium principum); Acta Claudii etc. 2 (Ruinart 310) (Hoc autem a te peto, ut nullam partem corporis sine plaga dimittas inlaesam); Acta Julii 1 (Ruinart 569) (Obsecro itaque te, pie praeses, per salutem regum, ut compleas cogitationem tuam; et des in me sententiam, ut perficiantur vota mea).

' Eus. HE VIII. xii. 2–4, xiv. 14, 17: but cf. M. Pionii vii. 6 (when Sabina was threatened with being sentenced to the brothel, she replied, T ȧyių Оeŵ μeλýσei tepi toÚTOV). Lactantius (Inst. III. xviii. 5-13, VI. xvii. 25) strongly disapproved of suicide, an act of which several pagan philosophers had been guilty.

Eus. HE viii. v. 1; Lact. Mort. Pers. xiii. 2.

• Eus. Mart. iv. 8: a similar incident is told in ix. 4.