CHAPTER XVIII.

RELIGIOUS LEGISLATION OF THE PERIOD.

During the first century of the Christian era, the empire, while

manifesting more or less hostility to the religious innovations which

were imported from the East, did not declare open war against them.

The doctrine of a state-religion was not clearly defined or vigorously

upheld. At different epochs under the republic, foreign rites had been

proscribed, especially those of Sabazius, Isis, and Serapis.[18.1] But

those mysterious systems presented such irresistible attractions to the

common people, that the proscription proved unavailing.[18.2]

When (A. U. C. 535) the demolition of the temple of Isis and Serapis

was decreed, not a workman could be found to commence it, and the

consul himself had to set the example by breaking down the doors

with an axe.[18.3] It is evident that the Latin creed was no longer

satisfying to the masses; and we may suppose with good reason that it

was for the purpose of gratifying the popular instincts that the rites

of Isis and Serapis were reëstablished by Cæsar.[18.4]

That great man, with the profound and liberal intuition which

characterized him, had shown himself favorable to entire freedom

of conscience.[18.5] Augustus was more attached to the national

religion.[18.6] He had an antipathy to the Oriental creeds,[18.7] and

prohibited the spread of even the Egyptian rites in Italy;[18.8] but

he allowed every system, and the Jewish in particular, to enjoy freedom

and supremacy in its own country.[18.9] He exempted the Jews from all

observances conflicting with their conscience, especially from civil

duties on the Sabbath.[18.10] Some of his officers manifested a less

tolerant spirit, and would willingly have prevailed on him to become a

persecutor in the interest of the Latin form of worship;[18.11] but he

does not appear to have yielded to their mischievous counsel. Josephus,

whom we may, however, suspect of some exaggeration, declares that

Augustus even went so far as to present a gift of consecrated vases to

the service of the temple at Jerusalem.[18.12]

Tiberius Cæsar was the first of the emperors who definitely adopted

the principle of a state-religion, and who enforced strict precautions

against the Jewish and Oriental propaganda.[18.13] It must be borne

in mind that the emperor was also "_Pontifex Maximus_," and that in

protecting the ancient Roman worship he was performing an official

duty. Caligula revoked the Tiberian edicts,[18.14] but his supervening

lunacy prevented any further results. Claudius seems to have carried

out the Augustan policy. At Rome he strengthened the Latin ceremonies,

showed considerable dislike to the advance of foreign religions,[18.15]

enforced rigorous measures against the Jews,[18.16] and implacably

persecuted the religious confraternities.[18.17] In Judea, on the

contrary, he treated the natives of the country liberally.[18.18] The

favor enjoyed at Rome by the family of Agrippa under the two reigns

just mentioned, secured to their co-religionists a powerful protection

in all cases not coming within the regulations of the Roman police.

The emperor Nero troubled himself but little about religion.[18.19]

His cruelties towards the Christians were the mere outcrops of his

natural ferocity, not the results of legislative policy.[18.20] The

instances of persecution cited in the Roman annals of this period

emanated rather from the authority of the family than from that

of the Government,[18.21] and happened only in some noble houses

of Rome, where the ancient traditions of domestic rule had been

preserved.[18.22] The provinces were entirely free to adhere to their

own rites, on the sole condition of not interfering with those of

others.[18.23] Provincials residing at Rome were allowed the same

privileges so long as they avoided anything which occasioned public

scandal.[18.24] The only two religions against which the empire made

war in the first century, were Druidism and Judaism; and each of

these was, in truth, a fortress wherein was entrenched a distinct and

turbulent nationality. Most men were convinced that the profession of

Judaism implied hatred of the civil institutions of the empire and

indifference to the welfare of the state.[18.25] When Judaism assumed

the condition of a mere individual or private system of religious

belief, it was not persecuted.[18.26] The rigorous measures which were

put in force against the worship of Serapis, were perhaps suggested

by the monotheistic character[18.27] which caused it sometimes to be

confounded in public estimation with the Jewish and the Christian

religions.[18.28]

It appears, then, that no established legislation prohibited in the

apostolic age the profession of monotheistic creeds.[18.29] The

sectaries were always under _surveillance_ down to the accession of the

Syrian emperors; but it was not until Trajan's time that they were

systematically persecuted, as being intolerant and hostile towards

other sects, and as impliedly denying the authority of the state. In

a word, the only phase of religious belief against which the Roman

empire declared war was theocracy. Its own principle was that of a

purely secular organization. It did not admit that religion could

have any civil or political connexions or consequences. Above all it

would not admit of any association within the state and independent

of the state. This point it is essential to remember. It was in truth

the root from which sprang all the persecutions. The law concerning

the confraternities was in a much greater degree than religious

intolerance, the fatal cause of the cruelties which disgraced the

reigns of the most liberal emperors.

The Greeks had led the way for the Romans, as well in matters relating

to private associations as in all other results of thought and

refinement. The Greek ηρανοι or θιασοι of Athens, Rhodes, and

the Islands of the Archipelago were useful societies for mutual

assistance in the way of loans, fire assurance, common religious

observances, and harmless amusement.[18.30] Each society had its rules

carved on a _stela_, its archives, its common fund, provided by both

voluntary contributions and assessments. The members met together to

celebrate the festivals and to hold banquets, where cordiality reigned

supreme.[18.31] A brother needing money could borrow from the treasury.

Women were admitted into these associations, and had a president for

themselves. The meetings were held in secret, and under strict rules

for the preservation of order. They took place, it seems, in inclosed

gardens, surrounded by porticoes or small buildings, and in the centre

was erected an altar for the sacrifices.[18.32] Each association had

its officers,[18.33] selected by lot for one year, according to the

usage of the ancient Greek democracies, and from which the Christian

"clergy" may have derived its name.[18.34] The presiding officer only

was elected by vote. These officers passed the candidate through a kind

of examination, and were required to certify that he was "_holy, pious,

and good_."[18.35]

There occurred in the two or three centuries which preceded the

Christian era, a movement in favor of these little religious clubs,

almost as marked as that which in the middle age produced so many

religious orders and subdivisions of orders. In the island of Rhodes

alone there is record of nineteen, many of which bore the names of

their founders, or reformers.[18.36] Some of them, particularly those

of _Bacchus_, inculcated lofty doctrines, and sought in good faith to

administer consolation to man.[18.37] If there yet remained in Greek

society a little charity, piety, or good morals, it was due to the

existence and freedom of these private devotional assemblies. They

acted as it were concurrently with the public and official religion,

the neglect of which was becoming more and more apparent day by day. At

Rome associations of this nature met with more opposition, and found

no less favor among the poorer classes.[18.38] The rules of Roman

policy in regard to secret confraternities were first promulgated

under the republic (B.C. 186) in the case of the Bacchanals. The

Romans were by natural taste much inclined to associations,[18.39]

and in particular to those of a religious character;[18.40] but these

permanent congregations were displeasing to the patrician order, who

controlled the municipal power,[18.41] and whose narrow conceptions of

life admitted no other social group besides the family and the State.

The most minute precautions were taken, such as the requirement of

a preliminary authorization, the limiting of the number of members,

and the prohibition against having a permanent _Magister sacrorum_,

and a common fund raised by subscription.[18.42] The same anxiety was

manifested on several occasions under the empire. The body of public

law contained clauses authorizing all kinds of repression;[18.43] but

it depended on the administrative power whether they should be enforced

or not, and the proscribed religions often reappeared in a very few

years after their proscription.[18.44] Foreign immigration, especially

from Syria, unceasingly renewed the soil in which flourished the creeds

so vainly doomed to extirpation.

It is astonishing to observe to what an extent a subject, seemingly

so unimportant, occupied the greatest minds of that age. It was one

of the chief tasks of Cæsar and Augustus to prevent the formation

of new clubs, and to destroy those already established.[18.45] A

decree published under Augustus attempts to define positively the

limits of the right of association, and whose limits were extremely

narrow. The clubs (_collegia_) were to be merely for the purpose of

celebrating funeral rites. They were permitted to meet no oftener than

once a month; they were to attend only to the obsequies of deceased

members, and under no pretext could they obtain an extension of their

privileges.[18.46] The Empire resolved on performing the impossible. In

logical sequence to its exaggerated notion of the state, it attempted

to isolate the individual, to destroy every moral bond of fellowship

among men, and to combat that legitimate longing of the poor to press

closer together in some little refuge, as it were to keep each other

warm. In ancient Greece the "_city_" was tyrannical, but it offered

in exchange for its oppression so much amusement, enlightenment, and

glory, that none thought of complaining. The citizen submitted quietly

to its wildest caprices, and went to death for it with rapture. But the

Roman empire was too vast to be one's country. It offered to every one

great material advantages, but it gave no one anything to love. The

insupportable melancholy of such a life appeared worse than death.

Accordingly, in spite of the efforts of statesmen, the confraternities

multiplied immensely. They were precisely analogous to our

confraternities of the middle age, with their patron saint and their

common refectory. The great families might centre their pride in

their ancient name, their country, and their traditions; but the

humble and the poor had nothing but the _collegium_, and there they

fastened all their affections. The text of the law shows us that

all these clubs were composed of slaves,[18.47] veterans,[18.48] or

obscure persons.[18.49] Within their precincts the free-born man,

the freedman, and the slave, were equal.[18.50] They contained also

many women.[18.51] At the risk of innumerable taunts and annoyances,

and sometimes of severer penalties, men persisted in entering the

_collegium_, where they lived in the bonds of a pleasant brotherhood,

where they found mutual succor in time of need, and where they

contracted obligations which endured even after death.[18.52]

The place of meeting usually had a _tetrastyle_ (portico with four

fronts), where were set up the rules of the club near the altar of

its protecting divinity, and where stood a _triclinium_ for the

repasts.[18.53] These repasts indeed were looked forward to with

impatience; they took place on the day sacred to the patron divinity,

or on the birthdays of members who had contributed endowments.[18.54]

Every one brought his little portion; one of the brotherhood

furnished in turn the accessories of the feast, such as couches,

table-furniture, bread, wine, sardines, and hot water.[18.55] A slave,

newly emancipated, owed his comrades an _amphora_ of good wine.[18.56]

A quiet air of enjoyment animated the repast; it was a positive rule

that none of the business of the society should be discussed, in order

that nothing might disturb the brief interval of enjoyment and repose

which these poor souls were thus providing for themselves.[18.57] Every

violent act or rude remark was punished by a fine.[18.58]

In appearance these clubs were simply associations for burial of the

members.[18.59] But that object alone would have been enough to invest

them with a moral character. In the Roman, as in our own time, and as

in all ages when the religious sentiment is weakened, reverence for

the tomb is nearly all that the masses retain. The poor man loved to

believe that his body would not be cast into those horrible common

trenches;[18.60] that his club would provide for his decent obsequies;

that the brethren who should follow him on foot to the funeral pile

would receive each a little _honorarium_[18.61] (about four cents) in

testimony of respect for the departed.[18.62] The slave especially felt

the need of an assurance that if his master denied him the privilege

of the ordinary rites of sepulture, there would be a little band of

friends who would perform "imaginary obsequies."[18.63] Hardly any was

so humble or destitute as not to contribute a penny per month to the

common fund to procure after his death a little urn in a _Columbarium_,

with a slab of marble on which his name should be carved. Sepulture

among the Romans was of extreme importance, being closely connected

with the _sacra gentilitia_, or family rites. Persons interred together

even contracted a sort of intimate fraternity or relationship.[18.64]

These facts show why Christianity for a long time presented itself at

Rome as a kind of funeral association, and why the earliest Christian

sanctuaries were the tombs of the martyrs.[18.65] If Christianity

had been nothing more, it would not have provoked so much hostility.

But it was much more. It provided a common treasury;[18.66] it

considered itself a complete municipality; it believed in its own

assured permanency and continuity. When one enters on a Saturday

night one of the Greek churches in Turkey, for example that of St.

Photinus at Smyrna, he is struck with the power of those associated

religious memberships existing in the midst of a persecuting or hostile

community. That irregular collection of buildings (church, presbytery,

school, prison); these brethren passing to and fro in their little

inclosed city of refuge; these newly-opened tombs, with the lighted

lamps within; this odor of dampness, decay, and mould; this murmur

of prayer; these appeals for alms--create a deadened and subdued

atmosphere which may, to a stranger, appear sufficiently monotonous

or repulsive, but which must be full of attraction to the affiliated

members.

The societies, when once provided with a special authorization,

possessed at Rome all the rights and privileges of civil

persons.[18.67] This authorization was, however, granted only with

many restrictions whenever the society possessed a treasury and

sought to concern itself with anything but sepulture.[18.68] The

pretext of religious observances, or the performance of vows in

common, was guarded against by law, and formally declared to be one

of the circumstances which attached to an assembly the character of

crime;[18.69] and the crime was nothing less than high treason, at

least as regards the person who called the meeting together.[18.70]

Claudius even closed the taverns where the brethren met, and the small

eating-houses where the poor were furnished cheaply with hot water and

boiled meat.[18.71] Trajan and the more liberal monarchs continued

to view all these societies with distrust.[18.72] Low rank was an

essential condition without which the privilege of religious assemblage

was never accorded, and even then it was granted most sparingly.[18.73]

The lawyers who built up the Roman jurisprudence, so eminent in legal

science, displayed their ignorance of human nature by opposing in every

way, even with the menace of death, and by hedging in with all sorts

of odious and puerile restrictions an everlasting need of the soul

of man.[18.74] Like the authors of the "_Code Civil,_" they regarded

life with a wintry glance. If man's life consisted in amusing himself

under the orders of his superiors, in munching his crust and tasting

his puny pleasures in his rank under the eye of a taskmaster, all this

would be well devised. But the retribution awarded to social systems

which follow this false and contracted view, is first a melancholy

disgust, and next a violent triumph of religious partisans. Never will

man consent to breathe that icy air. He needs the little circle,

the brotherhood where he may live and die amongst his fellows. Our

vast abstract social organizations are not sufficient to supply all

the social instincts which exist in man. Let him alone to attach his

heart to something, to seek consolation where it may be found, to make

brothers to himself, and to draw closer the ties of affection. Let not

the cold arm of the state break into this kingdom of the soul, which

is also the realm of liberty. True life and happiness will not spring

up again in this world until that sad heritage left us by Roman law,

our inveterate distrust of the _private assembly (collegium)_, shall

have disappeared. Association independent of the state, without injury

to the state, is the great question of the future. The laws to be

made in regard to associations will determine whether or not modern

society will tend to the same destiny as ancient. One example should

suffice. The Roman empire bound its own existence to the law relating

to unlawful assemblages. Christians and barbarians, accomplishing in

this respect the task of human conscience, broke down that law, and the

empire having planted itself thereon, went down with it.

The Greek and Roman world, a secular and profane world, which possessed

not the true conception of a minister of religion, which had neither

divine law nor a revealed word, had here stumbled upon a problem which

it was unable to solve. And we may add that if it had possessed a body

of consecrated priests, a severe theology, and a strongly organized

system of religion, it would not have created the secular state, or

inaugurated the idea of a social system founded merely on reason,

and on the human wants and natural relations of individuals. The

religious inferiority of the Greeks and Romans was the result of their

political and intellectual superiority. The religious superiority of

the Jews, on the contrary, has proved the cause of their political

and philosophical inferiority. Judaism and primitive Christianity

comprised the negation of the civil authority, or perhaps we may more

accurately say the putting it under guardianship. Like the system of

Mahomet, they established social order upon the basis of religion. When

human affairs are controlled from that direction, great and universal

proselytisms are made, apostles traverse the world from end to end,

reforming and converting it; but in that manner are not constructed

political institutions, national independence, a dynasty, a code, or a

homogeneous people.

The Apostles · 第 18 / 20 章