Professional Documents
Culture Documents
MARK J. JOHNSON
A short version of this study was presented at the Nineteenth Annual Byzantine
Studies Conference, held at Princeton in' 1993, for which, see the conference's
Abstracts of Papers, 52-53.I wish to thank Professor Peter Brown for his comments
on an earlier draft of this paper and for his continued encouragement and enthusiasm.
1. P. Brown, Tbe World of Late Antiquity AD L50-750 (London: Thames and
Hudson, 1,971,); A. Momigliano, ed., The Conflict Betuteen Paganisrn and Christian-
ity in the Fourth Century (Oxford: Claredon Press, 19631.
Journal of Early Christian Studies 521,37-59 @ 7997 The Johns Hopkins University Press
38 JOURNAL OF EARLY CHRISTIAN STUDIES
2. Among the recent literature the following should be cited: A. Ferrua, Catacombe
sconosciute: (Jna pinacoteca del IV secolo sotto la uia Latina (Florence: Nardini,
1990), which is a revised edition of his original publication on the catacomb, Le
pitture della nuoua catacomba di Via Latina, Monumenti di antichiti cristiana, 2nd
'W.
ser.,8 (Vatican City: Pontificio Istituto di Archeologia Cristiana, 19601; Tronzo,
The Via Latina Catacomb: Imitation and Discontinuity in Fourth-Century Roman
Painting (University Park: Pennsylvania State University Press, 1,985); F. P. Bargebuhr,
The Paintings of the 'New' Catacomb of tbe Via Latina and the Struggle of
Christianity against Paganism, ed. J. Utz, Abhandlungen der Heidelberger Akademie
der'Wissenschaften, Philosophisch-historische Klasse, 1991, No. 2 (Heidelberg: Carl
'Winter
Universititsverlag, 1991.).
This study had its genesis at the Byzantine Studies Conference held at Duke
University in 1983 where a paper arguing for a pagan interpretation of some of the
paintings was read by David \Tright (cited below). The debate that followed was very
lively and left quite an impression on me, then a young graduate student. Those who
disagreed with Professor Wright essentially argued that all of the paintings must be
Christian since "pagans and Christians would not have shared the same tomb in the
fourth century." My questioning of the veracity of that argument led (after several
years) to the present study.
JOHNSON/PAGAN-CHRISTIANBURIALPRACTICES 39
3. As noted by P.-A. F6vrier, "Le culte des morts dans les communaut6es
chr6tiennes durant le IIIe siBcle," Atti del lX congresso internazionale di arcbeologia
cristiana, Roma . . . 1975 (Vatican City: Pontificio Istituto di Archeologia Cristiana,
1. 9 4, especia lly 21. 4-1. 8 .
7 8),'1.. .2'1.'1.-7
4. On Roman sepulchral law, see F. De Visscher, Le Droit des tombeaux romains
(Milan: Giuffrd, 19631; R. Diill, "Studien zum romischen Sepulkralrecht," Festschrift
Fritz Schulz ('Weimar: Hermann Bohlaus, 1951), 1.191,-208; E. Albertario, Studi di
diritto romdno (Milan: GiuffrE, 1.941,1; M. Kaser, "Zum romischen Grabrecht,"
Zeitschrift der Sauigny-Stiftung fiir Rechtsgescltichte: Romische Abteilung 59 (1,978):
15-92. For Roman burial customs, J. M. C. Toynbee, Death and Burial in tbe Roman
.World
(London: Thames and Hudson, 1.971); J. Prieur, La mort dans I'antiquitd
romaine (n.p.: Ouest France, 1986). On the tomb as res religiosa,De Visscher, Droit,
43-63; Diill, "Studien,"'1.94-99.
5. Dig. 1,1..7.2.5; trs. C. H. Monro,The Digest of Justinian,2 vols. (Cambridge:
Cambridge University Press, 1909),2.244. See also Diill, 'Studien," L93.
5. Cicero, De legibus 2.55; A. Bouch6-Leclerq, Les Pontifes de I'ancienne Rome
(Paris: Franck, 1871.; reprint New York: Arno, 1.9751,146-58.
7. C.-Tb.9.1,7.2.
8. Symmachus epist.2.36 (ed. O. Seeck, MGH AA, 6.541.
9. A. Parrot, Mal1dictions et uiolations de tombes (Paris: Geuthner, 1,939).
1.0. F. De Zuluetta, "Violation of Sepulture in Palestine at the Beginning of the
Christian Era," ,lRS 22 (1,931,):184-97.
1,1. c.-Th. 9.1.7.1.-5.
40 JOURNAL OF EARLY CHRISTIAN STUDIES
the violators of tombs who in this case were traffickers in relics.r2 That
this was considered a heinous crime in the fourth century is evidenced by
the fact that tomb violators were placed in the same rank as murderers
and sorcerers.l3
From the earliest period, Roman law had provided that burials should
take place outside of the city walls. "Hominem mortuum in urbe ne
sepelito neve urito" states the Twelve Tables of the fifth century 8.c.E.14
The law was reiterated in an edict issued by Gratian, Valentinian and
Theodosius in 381: "All bodies that are contained in urns or sarcophagi
and are kept above ground shall be carried and placed outside the city."15
There are two aspects of the law which are particularly relevant for the
question at hand. The first is the distinction made of two types of tombs,
namely, sepulchra familiaria and sepulchra hereditaria, the type often
being designated on the tomb by an inscription.l6 The former was for a
man and his household, including his servants and slaves, if desired, as
well as family members. The latter was for a man and his heirs, whether
or not they were members of the family. \ilith either type it remained the
prerogative of the head of the household to determine who would be
buried in the tomb of his foundation. At times, persons who would
normally have right to burial could be excluded by the founder as
appears to be the case in a third-century inscription found in the
cemetery of Domitilla: "M. Antonius Restutus fecit ypogeum sibi et suis
fidentibus in Domino."17 In a similar vein is another inscription which
may or may not be Christian: "Monumentum Valeri Mercuri et Iulittes
Iuliani et Quintilles verecundes libertis libertabusque poterisque ad
religionem pertinentes meam."r8 These inscriptions that prohibit burial
to family members are quite exceptional. The more important point
which is to be made about them and the law itself is that the founder
himself, and not some outside authoriry, determined who would be
allowed burial in the tomb. A family member could not be excluded
1,2. C.-Th.9.17.7; similar ideas and injunctions in the Nou. Val.23.'1., dated 443.
1,3. C.-Th. 3.1,5.1, (of 331); 9.38.3 (of 3671;9.38.7 (of 38a).
14. Cicero, De legibus 2.58 (= Twelue Tables 10.1); also in Ancient Roman
Statutes, trs. A. Johnson, et al. (Austin: University of Texas, 196l), 12. The law is
repeated in the Charter of Urso of 44 B.c.E., c. 73, in Johnson , Statutes, 99.
15. c.-Th.9.17.6.
1,6. Dig. 11.7.5 (Monro, 2.2541; Albertario, Studi,2.1.-21.; De Visscher, Droit,93-
L02; Kaser, "Grabrecht," 37-60.
'Weidmann, "1.961),
1,7. E. Diehl, Inscriptiones Latinae Christianae Veteres (Berlin:
'J..307, no. 1597.
L8. Diehl, Inscriptiones,2.286, no. 3824 = CIL 6.1,0412.
JOHNSON/PAGAN-CHRISTIAN BURIAL PRACTICES 41
from burial in the private family tomb on the basis of his or her beliefs
unless the founder so dictated as was the case in these two examples.
The second aspect of Roman funerary law that is especially relevant to
this study is that dealing with tombs having fwo or more owners. Several
owners could share a single monument or burial ground and were often
banded together in collegia funeratica to provide funerals and burials for
each other.le There is an important law concerning this type of burial
arrangement in the Digesr of Justinian: "If the place where a body is
brought for burial belongs to several co-owners, all will have to consent
to the burial if the deceased is a stranger; as to such owners themselves,
there is no doubt that any one of them may be properly buried there,
even though the others should not agree The lesson here is that,
as in the case of family or hereditary tombs, a person could not be
excluded from burial on the basis of his religious beliefs, provided he
were a co-owner. Such an exclusion had to occur before the person
became a co-owner. Therefore, the owners of a tomb or catacomb could
sell burial spaces to anyone, irrespective of the buyer's religious beliefs.
Under Roman law then, there was no reason why pagans and
Christians could not share the same tomb. This is significant because the
burials of the Christians were, of course, subject to the same laws and it
was only over a long period of time that church rules regarding burial
practices were developed and obtained the force of law.
It is hardly necess ary to state that in the first two centuries of the
Christian church its members continued to follow the general burial
practices of society. There were not enough members to warrant separate
burial grounds nor does there seem to have been any need felt for
separate burials. Members were buried in family monumenta or areae
and it was from these private burial places that the great Christian
cemeteries developed.2l Tertullian speaks of a Christian area at Carthage
i
des plus anciens cimetidres chr6tiens Rome," AnBoll 69 (1.9511:39-54; reprinted in
his Droit, 261-76; P. Testini, Le catacombe e gli antichi cimiteri uistiani in Roma
(Bologna: Cappelli, 19661, 47-81.
22. Tertullian scap. 3.
23. Hipp. haer. 9."1,2; the Liber Pontificalis, ed. L. Duchesne (reprint Paris: De
Boccard, 1955), 1,.14L, referring to Callixtus, states, "quid fecit alium cymeteriam Via
Appia."
24. Chronographus anni 354, ed. T. Mommsen (MGH, AA,9.75l'.
25. Liber Pontificalis, ed. Duchesne, L.157.
25. Bovini, Proprietd, 95-164, with further bibliography.
27. Liber Pontificalis, ed. Duchesne, L.L39.
28. J.Guyon, "La vente des tombes i travers l'6pigraphie de la Rome chr6tienne
(IIIe-VIIe siEcles): Le r6le des fossores,mansionarii,praepositi et prEtres," MEFRA
86 (l974lz 549-96. On the fossores, see also Testini, Catacombe,22'l'-25; E. Conde
Guerri, Los 'fossores' de Roma paleocristiana: Estudio iconografico, epigrafico y
social (Vatican City: Pontificio Istituto di Archeologia Cristiana, 1'9791.
29. On the development of ecclesiastical rules concerning burial, see A. Bernard,
La s4puhure en droit canonique du Ddcret de Gratien au Councile de Trente (Paris:
JO HNSON/PAGAN-CHRISTIAN BURIAL PRACTICES 43
It is surprising how rarely the synods dealt with burial customs. The
Apostolic Constitutions, which were believed to have come from a synod
of the original Apostles but were actually a late fourth-century compila-
tion of various sources, has little to say about Christian burials. It only
supplies a prayer for the deceased and bids that the third, ninth and
thirtieth days after the death should be commemorated.30 This practice
of commemoration, and particularly of celebrating the nouemdial is
closely related to pagan usage as were other customs practiced by many
of the Christians of this period.3r
The Synod of Elvira, held in 305, issued two canons dealing with
funerary practices. One forbade the lighting of candles during the day in
cemeteries as it "disturbed the spirits," while the other enjoined women
from spending the night in cemeteries.32 The First Council of Nicaea in
325 instructed that dying members were to receive the uiaticuffi,33 a point
which was further clarified in the Council of Hippo of 393 which
directed that the uiaticum should not be given to those already de-
ceased.3a
It is in the canons of the Synod of Laodicea, held sometime between
343 and 38L, that some antagonism first is expressed towards non-
turn of the fifth century, it had become a thing of the past.42 Minucius
Felix also noted that the Christians did not crown their dead as did the
pagans and that in general, Christian funeral rites were very quiet.a3
There are three sources which are often cited as proof that Christians
always avoided burial with pagans.aa The first is found in Hilary of
Poitiers' commentary on Matthew 8.22 in which he states that the bodies
of the unbelievers should not be placed in memoria of the saints.as The
notion that nonbelievers should not be buried in the sanctified tombs of
the saints is not a surprising one and certainly the Church had the legal
right to exclude such burials from cemeteries under its control, where
most suchmemoriawere located. However, this statement has nothing to
do with private burials and should be seen not as a general injunction of
mixed burials but as a prohibition of pagan burials within Christian
shrines.
The second source is Theodoret, writing in the first half of the fifth
century, who stated that pagans claimed to be contaminated just by
being close to Christian tombs, with the inference drawn that pagans and
Christians demanded separate burials.a6 Once again, there is a need to
look more closely at the context of the letter. Theodoret was not
referring to Christian tombs in general but specifically to the tombs of
the martyrs which he compares to the tombs of pagan heroes. Pagans
would of course make light of such a comparison and would have
wanted to avoid the tombs of those whom they saw as executed
criminals.aT Since this passage refers to this specific type of tomb it
actually has no bearing on the question under consideration.
The third passage to be examined is, on first appearance' proof that
48. Cypr. epist.67.6.2 (CSEL 3.740J; tr. G. Clarke,Tbe Letters of St. Cyprian of
Carthage, ACW 47 (New York: Newman, "1.9891,4.25. See also the comments of V.
Saxer, Morts, Martyrs, Reliques en Afrique chrdtienne aux premiers siicles (Paris:
Beauchesne, 1 980), 93-94.
49. P. Hinchliff, Cyprian of Carthage and the IJnity of the Christian Church
(London: Chapman, 1,97 41, 92-117.
50. Cyprian epist.75.25.4 (CSEL 3.8271.
JOHNSON/PAGAN-CHRISTIAN BURIAL PRACTICES 47
And if this is true, a place provided for burying bodies among the
memorials of the saints is surely a matter of good human affection in
attending to the funeral of one's own relatives. Indeed, if there is some
religious requirement that they be buried, there can be some when the
question is considered as to where they shall be buried. But, when such
comforts are sought for the living by which their pious intentions toward
their own loved ones are evident, I do not see what aids there are for the
dead except for this purpose, that, while the living are worshipping in the
place where the bodies of those whom they love are buried, they may
commend to the same saints, as if to patrons, those whom they have
undertaken before the Lord to aid by prayer. Actually, they could do this
even if they had not been able to bury them in such places.56
Furthermore, what is important is not the place of burial but that the
prayers for the soul of the deceased should be made: "Indeed, if some
necessity permits bodies to be buried, or does not give any opportunity
for them to be buried in special places, those supplications in behalf of
the dead are not to be passed over."57 Augustine concluded his remarks
with the following: "Since this is so, we should not think that any aid
comes to the dead for whom we are providing care, except what we
solemnly pray for in their behalf at the altars, either by sacrifices of
prayers or of alms. . . . Regardless of what is spent for burying the body,
it is not an aid to salvation, but a duty of our humanity according to that
love by which no one ever hated his own flesh."s8
These views are significant because they run contrary to commonly
held perceptions about how and where Christians were to be buried
during this period. To Augustine, the lack of burial would not affect the
salvation of the soul nor would the place of burial have any bearing so
55. This was something highly valued by many Christians. See Brown, Cub,32 ff .;
Y. Duval, Aupris des Saints corps et 6mes: u'inhumation 'ad sanctos' dans la
chrdtientd d'Orient et d'Occident du lIIe au VIle siicle (Paris: Etudes Augustiniennes,
1988).
56. De cura pro mortuis gerenda 4 (CSEL 41,. 629-30); trs. J. A. Lacy in Saint
Augustine: Treatises on Marriage and Other Subiects, ed. R. Deferrari, FC 27
('Washington, D.C.: Catholic Universiry of America Press, 1955), 358.
57. cur.4 (CSEL 41.631,; trs. Lacy, 359).
58. cur.18; (CSEL 41,.658; trs. Lacy, 383).
JOHNSON/PAGAN-CHRISTIANBURIALPRACTICES 49
long as the deceased had lived a good life and prayers were made on his
or her behalf. Although he does not say anything specific about
Christians and pagans being buried in the same tomb, the inference from
the tone of his statements is that it really would not matter and there
would be no condemnation.
The conclusion which results from this overview of synodical canons
and contemporary writings is that church regulations and practices
concerning burials in the third to sixth or even later centuries were by no
means standard but in a state of evolution. It is extremely significant that
in these sources there is not even the mention of a need to bless or
sanctify the place of burial. The earliest reference to what was to become
the standard practice in this regard is found in the writings of Gregory of
Tours concerning the death of St. Radegunde, abbess of Poitiers, which
occurred in 587. Gregory had arrived before the funeral had taken place
and urged the nuns to take care of the preparations immediately. To this
the new abbess replied: "But what will we do if the bishop of the city has
not come? For the place where she ought to be buried has not been
sanctified with the blessing of a bishop."se This passage demonstrates
that the practice of blessing the tomb had been established by 587, but
there is no indication of when it first came into use. The evolution of this
and other practices took place over a long period of time.
Another conclusion which may be drawn is that several of the
regulations were of a local nature. \fhile burials in churches were
banned in Galicia at the Council of Braga, they were taking place in
other areas of Christendom. While Cyprian may have been shocked by
the actions of Martial, other Christians in different areas may have seen
such actions as commonplace. There is very little in the sources to
suggest, and nothing to confirm, that Christians and pagans could not
have been buried together in the Via Latina catacomb or anywhere else.
It is necessary, however, to reiterate the fact that the sources are limited
in number and do not permit a complete view of early Christian attitudes
towards death and burial. For this reason, an examination of the
archaeological evidence is required to complete the picture.
59. Greg. Tur. De gloria beatorum confessorum c. 106 (PL 71..906); trs. R. van
Dam (Liverpool: Liverpool University Press, 1988), 107; see also the comments of
Marantonio Sguerzo, Euoluzione, 86. According to B. Biondi, Il diritto rotnano
cristiano (Milano: GiuffrB, '1.952!', 2.25'1., the practice of consecrating tombs began
only in the sixth century. In England the earliest reference to such a consecration of
the burial site comes from the eighth century, inThe Pontificial of Egbert, Archbishop
of York, A.D. 732-66, ed.'V(. Greenwell, Publications of the Sortees Society, 27
(Durham: Andrews, 1853), 54.
50 JOURNAL OF EARLY CHRISTIAN STUDIES
60. F6vrier, "Cult des morts," 249-50; Parrot, Mal1dictions,"L54. For other issues
concerning Christian inscriptions, see C. Galvao-sobrinho, "Funerary Epigraphy and
the Spread of Christianity in the 'West," Athenaeum 83 (1995): 431-62.
61. M. Carton and A. Leynaud, Les catacombes d'Hadrumite: Premi'|re catnpagne
des fouilles (Sousse: Imprimerie Franqaise, L905), 80; M. Bouchenaki, Fouilles de la
ndcropole occidentale de Tipasa (Mataris) (1968-1972) (Aleer: Soci6t6 nationale
d'6dition et de diffusion,'1975).
62. C. Thomas, The Early Christian Archaeology of North Britain (London:
Oxford University Press, 1,971), 53.
53. L. Porru, et al., Sant'Antioco. Le Catacombe. La Chiesa Martyrium: I
frammenti scuborei (Cagliari: Stef, L989), 17-83.
64.U. Fasola, Le catacombe di S. Gennaro a Capodimonte (Rome: Editalia, "1.9751,
18.
55. S. L. Agnello, "Paganesimo e cristianesimo nelle catacombe di S. Lucia a
Siracusa," Actes du Ve congr?:s international d'archdologie chrdtienne . . . L954
(Vatican City: Pontificio Istituto di Archeologia Cristiana, 1,957l',235-43, on 238.
65. Testini, Catacombe, 80.
JOHNSON/PAGAN-CHRISTIAN BURIAL PRACTICES 51
pagan tomb at the end of the second century before becoming part of the
catacomb of Domitilla.6T A pagan cemetery on the Via Appia underwent
the transformation to Christian during the second and third centuries,
with many pagan tombs containing distinctively Christian burials.6s A
similar transformation occurred in the Hypogaeum of the Acilii which
became part of the Catacomb of Priscilla. There is nothing in its
decoration to indicate that it became "Christian" until the end of the
third century and several pagan inscriptions were found in it.5e The
Christian cemetery and catacomb of SS. Petrus and Marcellinus occupied
the same ground as the cemetery of the Equites singulares, the imperial
horseguard.T0 A small pagan hypogaeum nearby may have even been
contemporary with the basilica and the Mausoleum of Helena.7l
An interesting example is provided by the catacomb of Sant'Agnese on
the Via Nomentana. In part of the catacomb galleries run by and to
pagan hypogaea. Except for one mausoleum that was damaged to make
way for an access stairway, the hypogaea were left intact and from the
plan of the catacomb, it appears that an effort was made to provide
access to them. However, in his report on the most recent excavations,
Fasola states that there was a "sistematica soppressione" of all the
hypogaea.T2 If this is true, then why was access provided to the mausolea
and why were they permitted to retain their pagan character? These are
questions which are not addressed in the report and merit further
investigation.
Just as the evidence for the pagan origin of Christian cemeteries is
57.L. Pani Ermini, "IJipogeo detto dei Flavi in Domitilla," Riuista di archeologia
cristiana 45 (1,9691: 11,9-73; P. Pergola, "La r6gion dite des 'Flavi Aurelli' dans la
catacombe de Domitille," MEFR A 95 (1,983): 183-248.
58. U. M. Fasola, "Un tardo cimitero cristiano inserito in una necropoli pagana
della via Appia: L-area 'sub divo': La catacomba," Riuista di archeologia cristiana 60
(19841:7-42.
69. P. F6vrier, "Etudes sur les catacombes romaines," Cahiers arch1ologiques '1,0
(1959): l-26; A. Ferrua, "Iscrizioni pagane della Catacomba di Priscilla," Archiuio
della societd romana di storia patria 110 (1987): 5-L9.
70. J. Guyon, Le cimetiire dux deux lauriers: Rechercbes sur les catacombes
romaines, Roma sotterranea cristiana, T; Bibliothdque des l'6coles Franqaises d'AthEnes
et de Rome,264 (Rome: Ecole Franqaise de Rome, 19871,30-33.
71,. P. Romanelli, "Roma-Via Labicana (oggi via Casilina): Tor Pignattara,"
Notizie degli scaui, 6th ser., 2 (1,9251: 70-72, dates it to "no earlier than the third
century." P. Styger, "Heidnische und christliche Katakomben," Pisciculi: Studien zur
Religion und Kultur des Altertums: Franz Joseph Dolger zuttt sechzigsten Geburtstage
(Miinster: Aschendorff,lg3g),266-75, on 274, gives it a fourth-century date.
72. U. Fasola, "La 'Regio IV' del cimitero di S. Agnese," Riuista di archeologia
cristiana 50 (197 4l 17 5-205 , on 202-3 .
52 JOURNAL OF EARLY CHRISTIAN STUDIES
There are several examples of pagan and Christian burials in the same
tombs in Rome. These include the rather surprising pagan burials at the
memoria apostolorum under San Sebastiano on the Via Appia. The last
such burial to be documented by an inscription dates to 249.7e
Perhaps the most famous examples of co-existence in the grave are
found in the tombs excavated under the church of St. Peter in the
Vatican.so This necropolis grew next to the Circus of Nero and contained
the supposed grave of Saint Peter. Most of the excavated mausolea are
completely pagan with only one, designated M, exclusively Christian.
There are three pagan mausolea that also contain Christian burials. The
Mausoleum of the Caetennii (F) is decorated with representations of the
birth of Venus and of hunting scenes but among the cremations and
burials was found a modest grave with an inscription naming Aemilia
Gorgonia, a Christian. The style of the epigraphy shows the grave to date
to the middle of the second century.8l
The so-called "Mausoleum of the Egyptians" (Z) is one of the later
'Within
structures of the necropolis and contained no cremations. it was
found a most eclectic collection of divinities. One wall holds a painting
of the Egyptian god Horus, while two sarcophagi, dating to the late
second or early third century, are decorated with scenes of Dionysius and
his entourage.In a small recess in the west was found a simple terracotta
sarcophagus containing the remains of a woman which was marked by a
fragmentary inscription using a Christian formula. In this tomb, then,
were joined "Horus, Dionysius (and) Christ-each offering to their
94. M. Maas, "Isis in the Via Latina Catacomb," Byzantine Studies Conference:
Abstracts of Papers 3 (1977): 9-1,0. M. Guarducci, "La 'morte di Cleopatra' nella
catacomba della via Latina," RPAA 37 (1.964-651:259-81, argued that the figure
represented Tellus; followed by Ferrua, Catacomb e, 7 6-77 ; Bargebuhr, P aintings, 38-
45, suggested a conflated "Tellus-Ceres-Isis" image, noting that Ceres is linked to Isis.
95. P. Boyanc6, "Aristode sur une peinture de la via Latina," M4langes Eugdne
Tisserant (Vatican City: Biblioteca Apostolica Vatic ana, 1.9 641, 1.07 -24.
96. Fenua, Catacombe, 138, argued for a period for the decoration of ca. 315-60.
For the later dating, D. Wright, "Pagan Theology in the Via Latina Catacomb,"
Byzantine Studies Conference: Abstracts of Papers 9 (1983): 69-71.. A brief outline of
the chronology of the catacomb is given by Tronzo, Via Latina, l0-\7, who notes
four phases in the construction and decoration and argues that most decoration was
done in the periods ca. 315-25 and 340-50.
97 . Ferrua, Catacombe, 136-39; in favor of a collegium: J. Fnk, Bildfrommigkeit
und Bekenntnis: Das Alte Testament, Herahles und die Herrlichheit Christi an der Via
Latina in Rom (Ktiln: Btihlau, "1,97611,31; F. Deichmann, "ZurFrage der Gesamtschau
JOHNSON/PAGAN-CHRISTIAN BURIAL PRACTICES s7
Hypogaeum, the offering scene in that of Trebius Giustus and the mixing
of Christian and pagan scenes in the Via Latina catacomb, all give ample
proof that the church did not exercise any control whatsoever over
private tombs. The other conclusion to be drawn from the archaeological
evidence is that the numerous examples of pagan and Christian burials in
the same tombs demonstrates the same lack of ecclesiastical control.1o7
These points can also serve as the general conclusion of this study.
Roman law, still in effect throughout the fourth century, provided the
legal basis for the joint burials of people of differing religious beliefs,
with no injunction against such burials. Ecclesiastical regulations were
still in a state of development at this time, and from available sources it
appears that centuries were to pass before firm control over burial
practices of members was established. The writings of contemporary
authors lead to the same conclusion, with the qualification that some
regulations against pagan-Christian co-burials may have existed in
certain localized areas. The irrefutable conclusion of the archaeological
evidence is that Christians and pagans were indeed buried in the same
tomb on occasion throughout the fourth century, if not beyond.
The reason such burials would occur are easy enough to explain. The
process of Christianization was not instantaneous. Families in the fourth
century were often divided among pagan and Christian.l08 The family
tomb was deeply rooted in the tradition of Roman society and differing
beliefs among family members would usually not be a reason to divide
the family. In the case of the collegia, once a person had gained
membership, his right to burial could not be denied, no matter what his
religious beliefs were or how they may have changed in the meantime.
The evidence leads to the conclusion that in the fourth century the
private collegia and the family tomb remained under the control of their
owners, with no Church interference. The "conflict" of. pagans and
Christians ended at the grave.