10.96

Pliny asks how he ought to deal with the Christians, describes the method which he has hitherto followed, relates what he has been able to learn of their life and observances, and adds that, though the evil has spread rapidly, it may be, and is being, checked (Prichard).

Sollemne: "customary." (Wescott)

Sollemne est mihi: "It is my custom." Sollemne is neuter of the adjective used as a noun. (Prichard)

domine: The regular title by which the emperor was addressed. (Prichard)

Cognitionibus: "trials," at Rome. It appears that there had been such trials, but they had not been important enough for Pliny to have become acquainted with the procedure followed in such cases. The contrary of Orosius's statement that Trajan had issued a general edict against Christians is implied in what Pliny says here. The Christians were much confounded with the Jews in the popular mind. (Wescott)

Cognitionibus de Christianis: "Trials of Christians." Cognitio is a technical term for a trial or judicial investigation. (Prichard)

cognitionibus: differing from the ordinary indicia in that a cognitio was an examination conducted of his own motion by the magistrate holding imperium, and not limited to any set form, while the iudicium was a set trial which regularly required a formal written accusation (accusatio) lodged and supported by a voluntary accuser. In either case the magistrate had power to indict punishment on conviction of criminality. (Merrill)

cognitionibus de Christianis: The first execution of Christians noticed by Roman writers was the indiscriminate and brutal massacre by Nero (Tac. Ann. XV. 44). A second persecution occurred under Domitian, and individual trials took place from time to time. It appears, however, that, when Pliny wrote, there was no statute or edict to regulate such cases. Christianity was naturally confused by the Romans with the wild and licentious religions of the East, and with the rebellious Jewish nation. Christians withdrew from tribunals and theatres as well as temples, since all public places were connected with idolatry; and they were constrained by persecution to hold illicit nocturnal meetings. In the eyes of a Roman judge, they were members of an extensive secret society (T. 33, 3, N.), and dreaded as communists or nihilists; for their atheism was concluded from their rejection of the national religion. (Holbrooke)

Christianis: during the age preceding this, and especially in the west, the Romans had great difficulty in understanding that the Christians were anything more than a sect of the Jews, with whom they seem to be continually confused, in spite of the enmity between the two bodies. But in Asia Minor the spread of Christianity and the residence of large numbers of Jews had made the difference between the two clear even to the Romans. (Merrill)

interfui nunquam: "I have never been concerned in": the phrase itself indicates that such trials were known to Pliny to have been held. It is doubtful, however, if at Rome trials of Christians as such (that is, as clearly differentiated from Jews) had been held during Pliny's mature life. Certainly the so-called persecution of Domitian's reign,— which is referred to by the later Christian writers, but not by others, as a general movement,— seems not to have been directed against Christians as such (cf. Dio Cass. LXVII. 14. 1-3). But that considerable persecution had taken place in the various provinces of Asia Minor is certain, and especially in Asia and Bithynia, where party feeling ran high, among both Jews and heathen. Of the trials in these regions Pliny must have become well informed. And probably in this, as in other questions of his administration, he is not thinking of precedents or practices at Rome, but in his own, and perhaps other adjacent, provinces, upon the specific and local laws and decisions concerning which Trajan is continually insisting that his administration must be founded. (Merrill)

ideo: for he could not calmly send to death for a technical offence such a large number of persons guilty of and threatening no actual crime other than that of membership in a forbidden association, which, indeed, had given up its most distinctive mark of existence, the common meal. (Merrill)

quid et quatenus: quid apparently goes with puniri and quatenus with quaeri. Quid does not refer to the charge, nor to the crime, but is the neuter 'definitive' accusative become the subject-nominative in the passive construction. Pliny's doubt is sweeping. He does not know what the precedent decisions require either concerning the matter of punishment when Christians are brought to his bar, or concerning the extent to which, under the general police duty especially incumbent upon a provincial governor (Ulpian in Dig. I. 18. 13), he should push the investigation. The more specific points concerning his hesitation about the actual adjudication of cases are detailed in the immediately following passage: his hesitation about the degree to which his inquiry should be pushed is caused by what is later stated, that is, his conviction that the association is at least harmless, if not of a decidedly moral tendency, and his knowledge that its membership is very large. 'One cannot reasonably and justly execute whole masses of good people simply because they are technically violaters of a decree against collegia. Would it not be better discreetly to shut one's eyes, so long as no overt or immoral act seems likely to be committed?' (Merrill)

quid, etc.: i.e., whether the mere name or profession of Christian or some overt acts beside. (Wescott)

puniendi: i.e., for the nomen ipsum (page 125, line 12), — by the sword. (Wescott)

[2] sitne aliquod discrimen aetatum: "Whether there is any distinction of ages," i.e., whether young and old are to be treated alike. (Prichard)

aliquod: notice its occurrence in a negative sentence. (Wescott)

discrimen aetatum: Pliny doubtless found that minors were as likely to be brought before him as those of adult years,—as was the case in later and true persecutions. Roman law provided for a lessening of penalties in certain cases on account of the youth or female sex of the culprit; see Mommsen Rom. Strafrecht, p. 1042. (Merrill)

an quamlibet teneri: "Or whether the very young." Quamlibet is an adverb modifying teneri, "however young." (Prichard)

quamlibet: see II. 14. 6 (Sel. 20) n. quamlibet. (Merrill)

teneri: adjective, not the verb tenēri. (Wescott)

detur paenitentiae uenia: naturally penitence did not change guilt in the eye of the law, but if the breach of law consisted merely in former membership in a collegium illicitum, there might well be question whether an earlier consummated withdrawal (see §6) should not be considered a ground for mercy. The more serious question arose from the fact that the Christians were popularly charged with grave crimes (see below), which might not be forgiven.—The omission of -ne from the first member of the second and third of the three double questions is noticeable; but cf. I. 18. 2 (Sel. 12) n. an. (Merrill)

detur paenitentiae venia: "Whether pardon is to be granted to repentance." (Prichard)

paenitentiae: this made no difference in regard to the prosecution of crimes in general. (Wescott)

desisse: sc. se. (Wescott)

prosit: desisse is the subject. (Wescott)

nomen ipsum: "the mere profession." The emperor's answer, which follows, implies an affirmative reply to this point. It was the secession from the state religion which was punished; the object of the government was not theological, but political. (Wescott)

si flagitiis careat: "If it be free from crimes." (Prichard)

an flagitia cohaerentia nomini puniantur: "Or whether the crimes attaching to the name are punished." (Prichard)

flagitia cohaerentia nomini: see § 7 nn. (Merrill)

deferebantur: "Were informed against," "were denounced." (Prichard)

modum: "method." (Wescott)

[3] iterum ac tertio: doubtless adjourning the hearing between times to give the accused opportunity for consideration, as we learn was often done in later trials of Christians elsewhere (cf. Passio Sanctorum Scilitanorum 11 ff. Saturninus proconsul dixit: numquid ad deliberandum spatium uultis? ... moram xxx. dierum habete et recordemini). Indeed, later, as here, every effort seems to have been put forth by the judges, who naturally failed to comprehend the principle involved, to force a denial from the prisoners rather than a confession, and therefore to find ground for acquittal. Tertullian actually bends his ingenuity to censure the judges for this action. Pliny's procedure seems to have been dictated by humanity rather than, as has been suggested, by the principle laid down by Ulpian in Dig. XLVIII. 18. 1. 17 diuus Seuerus rescripsit confessiones reorum pro exploratis facinoribus haberi non oportere, si nulla probatio religionem cognoscentis instruat (cf. also of the same chapter §§23, 27), for further questioning of the culprit on the spot might bring all the proof necessary.—The adjournments Pliny mentions have nothing to do with those provisions in case of criminal prosecutions at Rome on which see VI. 2. 6 (Sel. 41) n. comperendinationes. (Merrill)

duci: sc. ad supplicium; "to execution." (Wescott)

duci iussi: "I ordered them to be led away to execution." (Prichard)

dubitabam... debere: the accusative and infinitive with dubito is frequent only after the Augustan age, and generally it is negative. (Wescott)

qualecumque esset quod faterentur: "Whatever it might be which they confessed." (Prichard)

pertinaciam: "Obstinacy," "stubbornness." (Prichard)

pertinaciam... debere puniri: for to persist that they were Christians was to persist in defiance of the law, and that fixed the penalty of death for membership in a collegium illicitum. Pliny was apparently willing, however, to accept a denial of membership, or an abjuration of membership, as the ground for discharge from custody. (Merrill)

inflexibilem obstinationem: "Unbending obstinacy." (Prichard)

[4] amentiae: for to refuse to abjure membership in the face of certain death as its penalty could be only a sign of craziness. (Merrill)

cives Romani: all will remember St. Paul's appeal from Felix to Caesar, which was allowed because of his citizenship. (Wescott)

adnotaui: sc. in recording action on the case. (Merrill)

adnotavi in urbem remittendos: "I noted down that they were to be sent to Rome." As Roman citizens they had the right of appeal to the emperor. (Prichard)

in excutiendis causis: "in investigating the cases." (Wescott)

in urbem: sc. Romam. (Wescott)

in urbem remittendos: i.e. to be conveyed to Rome to be tried before the emperor's court. While the judicial power of the provincial governor over non-Roman burgesses was practically supreme, he could not, under heavy penalties, punish a Roman citizen even by imprisonment or flogging,—to say nothing of death (Paul. Sent. V. 26. 1; Ulpian in Dig. XLVIII. 6. 7; cf. the case of St. Paul in Act. Apost. 16. 37; 22. 25; 25. 11), but must allow him the right of a hearing at Rome. The emperor might, however, by express delegation, give a particular governor within the limits of his province his own ius gladii over even Roman citizens, but this right Pliny does not appear to have had. Later on it was more commonly exercised by governors (see Mommsen Strafrecht pp. 248 ff.). Cf. notes on the offences charged against Marius Priscus, II. 11. 8 (Sel. 17). (Merrill)

in urbem remittendos: i.e. to be conveyed to Rome to be tried before the emperor's court. While the judicial power of the provincial governor over non-Roman burgesses was practically supreme, he could not, under heavy penalties, punish a Roman citizen even by imprisonment or flogging,—to say nothing of death (Paul. Sent. V. 26. 1; Ulpian in Dig. XLVIII. 6. 7; cf. the case of St. Paul in Act. Apost. 16. 37; 22. 25; 25. 11), but must allow him the right of a hearing at Rome. The emperor might, however, by express delegation, give a particular governor within the limits of his province his own ius gladii over even Roman citizens, but this right Pliny does not appear to have had. Later on it was more commonly exercised by governors (see Mommsen Strafrecht pp. 248 ff.). Cf. notes on the offences charged against Marius Priscus, II. 11. 8 (Sel. 17). (Merrill)

ipso tractatu: "by the very fact of judicial procedure" (Hardy); "simply from the matter being dealt with" (Pr. & Β.). He means that informers were encouraged to report further cases, when they found that cognizance was taken of them. (Wescott)

ipso tractatu, etc.: not merely that one case led to knowledge of another, nor that accusers came forward in greater numbers when their information was favourably received and acted upon, but that, as has been frequently remarked, active measures appeared to stimulate instead of crushing the propaganda. (Merrill)

diffundente se crimine: "As the charge spread." (Prichard)

plures species inciderunt: "more cases have occurred." (Wescott)

[5] Propositus est libellus: "an information was lodged." (Wescott)

libellus sine auctore: "An anonymous document." (Prichard)

libelli: "accusations, informations." (Wescott)

sine auctore: "anonymously." (Wescott)

praeeunte me: "repeating the words after me." (Wescott)

deos appellarent: i.e. uttered a brief prayer to the recognized gods. (Merrill)

imagini tuae: an act of adoration of the emperor's statue was regarded as tantamount to a declaration of allegiance to the empire. But to the Christians it was, of course, an act of idolatry, involving the most vital religious considerations, not merely an expression of political obedience. (Wescott)

imagini tuae... supplicarent: this formal reverence of the emperor as a divine being even in his own lifetime had been earlier initiated, and had met with more enthusiastic acceptance in Asia Minor than elsewhere in the Roman world. To the Christians it was peculiarly abhorrent, for they acknowledged one only incarnation of the Divine. (Merrill)

ture ac vino supplicarent: the test was to scatter a few grains of incense upon the altar fire and pour a few drops of wine as a libation. Christians who consented to do so were called in the church, as a reproach, turificati; Cyprian, Ep. 55. (Wescott)

ture ac vino supplicarent: the test was to scatter a few grains of incense upon the altar fire and pour a few drops of wine as a libation. Christians who consented to do so were called in the church, as a reproach, turificati; Cyprian, Ep. 55. (Wescott)

male dicerent: "to curse or revile," as an act of renunciation of Christianity. (Wescott)

male dicerent Christo: "Reviled Christ." (Prichard)

quorum nihil posse cogi: "None of which things can those be compelled to do." (Prichard)

quorum nihil, etc.: these tests were common enough in later persecutions as a requirement by which the accused should purge himself from the charge of non conformity to the state religion. They had perhaps been earlier employed locally and temporarily (especially in the province of Asia, where imperialism was a fanatic cult) for a similar purpose. But there is no indication at all that Pliny employed them as anything else than, according to the information given him by others, an infallible means of determining the truth as to membership in the illicit organization, which fact alone was the one at issue in his examination. The question was to Pliny one of politics, not of religion. That is where he and the Christians were at cross-purposes, and they seemed to him to be simply insane. (Merrill)

[6] ab indice: "By an informer." (Prichard)

non nemo: "at least one." (Wescott)

[7] adfirmabant: the Christians were usually chary about divulging details concerning their more solemn rites, and this for more than one reason: but these perverts had no scruples about telling the whole truth, and Pliny, troubled by the peculiar aspects of the administrative question that confronted him, took occasion to learn from them the real character of the mysterious association for which people of all ages and both sexes were willing to die. (Merrill)

uel culpae suae uel erroris: cf. I. 13. 5 (Sel. 9) auditorum uel desidia uel superbia. (Merrill)

stato die: presumably he means on Sunday, dies solis, dies dominica (French, dimanche). (Wescott)

ante lucem: both because the Christians were for the most part poor folk, often slaves, who had to work for their living, and also because it was safer. (Wescott)

carmen: "A hymn." (Prichard)

carmen: "form of prayer, liturgy." (Wescott)

carmen dicere secum in uicem: an interesting bit of testimony to the early use of antiphonal hymns, or chants, in the early Church: see also Act. Apost. 16. 25 κατὰ δὲ τὸ μεσονύκτιον Παῦλος καὶ Σίλας προσευχόμενοι ὕμνουν τὸν θεόν; Eph. 5. 19 λαλοῦντες ἑαυτοῖς ψαλμοῖς καὶ ὕμνοις καὶ ᾠδαῖς πνευματικαῖς, ᾄδοντες καὶ ψάλλοντες τῇ καρδίᾳ ὑμῶν τῷ κυρίῳ; Euseb. Eccl. Hist. V. ψαλμοὶ δὲ ὅσοι καὶ ᾠδαὶ ἀδελφῶν ἀπ' ἀρχῆς ὑπὸ πιστῶν γραφεῖσαι τὸν λόγον τοῦ θεοῦ τὸν χριστὸν ὑμνοῦσι θεολογοῦντες. (Merrill)

Christo quasi deo: Pliny doubtless was told as much about the founder of the unauthorized association as at least his friend Tacitus knew (Ann. XV. 44), but does not consider the account of any importance. That Christ was now adored as a god would not attract the especial attention of a Roman who was acquainted with the cult of officially deified emperors (cf. IV. 11. 14,—Sel. 32,—n. diui), with the vagaries of other sects,—or even with the Euhemeristic philosophy. (Merrill)

secum invicem: "to each other, in turn"; in the post-Augustan writers invicem is often used to reinforce the reciprocal pronoun. (Wescott)

invicem: "Antiphonally," between presbyter and people. (Holbrooke)

sacramento: "by an oath"; this was Pliny's understanding of the word; it is doubtful whether it had at this date acquired, even among Christians, the sense of 'sacrament,' meaning the eucharist. (Wescott)

non in scelus aliquod: for the unusual degree of clannishness and secrecy of the Christians, and their withdrawal from participation in those popular religious festivals and social life which members of other collegia shared in freely, appear to have given rise already to the belief current later that their mystery, because great, was a criminal conspiracy against society. Tacitus says (Ann. XV. 44) that the Christians were per flagitia inuisos. (Merrill)

ne depositum abnegarent: A frequent temptation, on account of the want of securities. III. 19, 8, n. (Holbrooke)

ne depositum appellati abnegarent: "Not to deny a deposit when called upon to restore it." (Prichard)

appellati: "when called upon to restore it." Making a deposit with a man was an appeal to his good faith, a breach of which under these circumstances was regarded by the Romans with especial abhorrence. (Wescott)

morem sibi discedendi fuisse: "That it had been their custom to depart." (Prichard)

rursusque coeundi: sc. in the evening. (Merrill)

rursus: "later in the day," perhaps at evening, when their labors were over. (Wescott)

ad capiendum cibum: this does not refer to the eucharist, but to the ἀγάπη, or love-feast, a meal which the early Christians used to eat in common. (Wescott)

promiscuum: "common, ordinary." (Wescott)

promiscuum tamen et innoxium: "but of the ordinary and innocent sort": apparently the Christians were already charged with partaking of banquets of human flesh,—a charge brought against them later also (cf. Athenag. Supp. 3 τρία ἐπιφημίζουσιν ἡμῖν ἐγκλήματα, ἀθεότητα, Θυέστεια δεῖπνα, Οἰδιποδείους μίξεις), as against the Jews by Christians in the middle and later ages. The charge may have arisen from the great secrecy surrounding the holy Eucharist, a misunderstood and perverted report of which represented them as eating and drinking the Body and Blood of some Person. (Merrill)

innoxium: "Harmless." (Prichard)

facere desisse: one of the commonest practices of a collegium was to have at stated intervals a common meal. On the suppression of the collegia the Christians had also so far complied with the law as to give up their ἀγάπη, the holding of which had doubtless been the most patent sign to a Roman of their being a collegium. Their weekly Eucharist they of course did not surrender. (Merrill)

edictum meum quo, etc.: this general edict is not specifically referred to elsewhere in the letters. (Merrill)

hetaerias: "associations." (Wescott)

[8] quo magis necessarium: for Pliny could not believe that the association could be so innocent, not to say moral, in purpose. (Merrill)

ancillis: he selects them, not because as women they might be less successful in keeping a secret than men, but because they were (by a misunderstanding) supposed by him to be slaves of the Christian collegium, serving therefore at its meals, and perfectly acquainted with its present condition. Apparently the local bishop-presbyter, or the presbyters, who doubtless existed, escaped Pliny's investigation, being perhaps kept in concealment by the faithful. (Merrill)

quae, etc.: a good example of the adversative relative-clause. (Merrill)

ministrae: "deaconesses"; the Latin word is evidently a translation of διάκονος. It was not ordinary to examine slaves to elicit testimony against their masters. (Wescott)

et per tormenta: for of course they gave evidence that agreed with that of the backsliders, and Pliny was inclined to believe that this could not be true. So he put them to the torture, according to the regular procedure of Roman examinations of slaves, to break down their fortitude. But even then he educed no new information, and so was finally perhaps convinced of the truth of the information he had.—Under Roman law the honestiores (including of course Roman citizens; cf. X. 79. 3,—Sel. 100,—n. honestiorum hominum, plebe) were not subjected to torture in legal examination; tenuiores, being freemen, were but exceptionally put to torture; while slaves were very commonly, if not regularly, tortured in case they were suspected of not telling the truth. They were indeed, at least later, not even allowed to bear witness against their masters except in cases of adultery, of false census-returns, and of treason (Dig. XLVIII. 18. 1. 16; Cod. IX. 41. 1); but slaves of a municipality or of a corporation might, even long before Ulpian's time, be examined under torture in capital cases affecting a citizen of the municipality or a member of the corporation (Dig. XLVIII. 18. 1. 7). (Merrill)

superstitionem prauam: Tacitus (Ann. XV. 44) calls it exitiabilis superstitio, Suetonius (Ner. 16), superstitio noua et malefica. (Merrill)

superstitionem pravam immodicam: "A perverse and extravagant superstition." (Prichard)

superstitionem pravam inmodicam: this seems a sudden burst of prejudice, like that of the ignorant public, after a fair and temperate account of the situation. Superstitio was a religion not authorized by the Roman state. (Wescott)

[9] dilata cognitione: "Having postponed the trial." (Prichard)

decucurri: "I have had recourse to." (Prichard)

periclitantium: "Those who are in danger." (Prichard)

omnis ordinis: "Of every rank." (Prichard)

utriusque sexus: "Of both sexes." (Prichard)

ciuitates: here the cities as distinct from the villages (uicos), and from the open country (agros) with only scattered dwellings. Politically, however, villages and country in the province belonged to the territory of some ciuitas; see Marquardt Staatsverwaltung I.² p. 601. (Merrill)

civitates: in the sense of urbes; a late use of the word. (Wescott)

vicos: "villages or smaller towns" subordinated, attributi, to the government of the civitates. (Wescott)

vicos etiam atque agros: Quiet country places and the pagan were the last to be influenced by a new movement. (Holbrooke)

contagio: "Infection." (Prichard)

sisti et corrigi: "To be checked and set right." (Prichard)

[10] prope iam desolata: probably a much exaggerated expression, due to the highly-coloured representations of the persons whose trade seemed to be endangered by the growth of Christianity (cf. rarissimus emptor inueniebatur, and the riot of the silversmiths of Ephesus described in Act. Apost. 19.21 ff.). (Merrill)

prope iam desolata templa: "The temples which had been almost abandoned." (Prichard)

desolata templa: strong evidence of the extent to which Christianity had prevailed. (Wescott)

sacra sollemnia: "The regular sacrifices." (Prichard)

uenire: "finds a market." (Merrill)

venire: from veneo, "to be sold." (Wescott)

rarissimus emptor: "A very rare purchaser." (Prichard)

quae turba hominum: "What a multitude of men." (Prichard)

si sit paenitentiae locus: "If opportunity for repentance be given." (Prichard)

sit paenitentiae locus: not merely by pardon on condition of immediate abjuration (for pending Trajan's decision—see § 2—Pliny seems to have administered on this sensible principle), but by not pushing the law to the extreme, thus allowing time for a change of heart to supervene. (Merrill)