Ibarra 1

Sebastian Ibarra

Professor Perron

HIST 4150

5 May 2022

Christianity’s Relationship with the Roman Empire

The Roman Empire throughout the late antiquity experienced a multitude of social and

political changes due to the rise of Christianity. The emergence and eventual acceptance of

Christianity by the Roman Empire during the fourth century under Emperor Constantine

impacted Roman judicial procedure and imperial legislation. Simultaneously early Christianity

was also influenced by its relationship with the secular government. Due to the interconnected

nature of the Roman Empire’s relationship to Christianity, two crucial questions regarding their

effects on one another remain significant: how the use of brutality in judicial punishments was

changed by Christian values, and to what extent did imperial legislation informed and was

informed by Church affairs. These two overarching questions relate to one another by

concentrating on the effects of Church doctrine upon the Roman Empire’s judicial system.

Christian doctrine and values of reform and mercy did influence the Roman Empire’s usage of

judicial savagery and imperial legislation by influencing the state government to issue decrees

that reflected the desires of Christianity. While simultaneously, imperial secular practices

influenced Christianity through the early Church adopting judicial procedures it found

advantageous in its ecclesiastical courts. In order to fully understand the effects of Christian

doctrine and laws on Roman judicial procedure and legislation, an inspection of judicial savagery

prior to the acceptance of Christianity will follow.

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Judicial savagery within the Roman Empire took on many forms and was a central

component of Roman judicial procedure as it adhered to Roman values of seeking vengeance. As

Ramsey Macmullen found that Roman society deemed criminals as individuals that did not

deserve mercy and instead had to face severe punishments. This resulted in public displays of

savagery as, during 64 A.D, Christians were nailed to crosses and were burned and torn apart by

animals. As well, Emperor Vespasian tortured, beat, and killed Jewish revolt leaders in public.1

The various brutal punishments that criminals had to endure reflected the desire of imperial

authorities of maintaining social control through violent acts of vengeance. The fierce

punishments that criminals, rebels, and enemies of the Roman Empire had to endure acted as a

stark warning to other Roman subjects. Individuals that did not follow the law would not receive

mercy but would instead feel the wrath of vengeance in various forms of judicial savagery.

Additionally, Macmullen found that regional governors acted out of volition in determining the

punishment a criminal would have to face and would dictate the severity of judicial savagery that

they determined as necessary and aligned with their morals.2 By regional governors and the

central government determining the fate of criminals based on their desire to viciously achieve

justice, judicial violence reflected imperial authorities’ desire to protect the interests of the

Empire. As well as to firmly maintain their dominance through public and brutal punishments. In

addition to reflecting the value of seeking justice and maintaining order, judicial savagery acted

as a form of entertainment and reflected imperial power.

Judicial savagery also took the form of violent punishments used as public entertainment

to satisfy the desires of Roman subjects and entrench the authority and power of the Roman
1
Ramsay MacMullen, “Judicial Savagery in the Roman Empire (Chiron 1986),” in

Changes in the Roman Empire: Essays in the Ordinary (Princeton University Press, 1990), 206.
2
MacMullen, “Judicial Savagery in the Roman Empire (Chiron 1986),” 206.
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Empire. As MacMullen found that Roman subjects did not differentiate violence from vengeance

and continually wanted more public displays. As exemplified by the persecution of Christians in

177 A.D in Vienne. The brutal punishments and suffering that were part of the entertainment

were accepted by large portions of Roman society.3 Judicial savagery was deeply rooted in the

social culture of the Roman Empire. Violent and public displays of suffering and brutality of

criminals were accepted by Roman subjects as they reflected their desire for vengeance being

carried out. The suffering and execution of criminals served both the desires of the people in

seeing justice and the government in reflecting their strength. As MacMullen concluded that

during the first two centuries, examples of the Roman Empire’s judicial violence would have

been known by all Roman citizens.4 Judicial savagery acted as a reflection of the growing power

of imperial authority. Brutal public acts of retribution ensured that Roman subjects recognized

and acknowledged imperial authority. Solidifying the control imperial authorities desired. The

rise and eventual acceptance of Christianity would impact how Roman authorities carried out

judicial savagery. To understand the extent to which judicial savagery was affected, the actions

of Emperor Constantine during the early fourth century must first be examined.

Throughout the first to the early fourth century, Christians were persecuted by the Roman

Empire until Emperor Constantine of the Western Roman Empire granted tolerance to Christians

and helped establish Christianity as a dominant religion within the Empire. Emperor Constantine

granted Christians religious freedom and their rights through the Edict of Milan which was

issued in 313 A.D. As the Edict of Milan was an agreement between Emperor Constantine of the

Western Roman Empire and Emperor Licinius of the East that ensured Christians would not have

3
MacMullen, “Judicial Savagery in the Roman Empire (Chiron 1986),” 206-207.
4
MacMullen, “Judicial Savagery in the Roman Empire (Chiron 1986),” 207.
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their rights violated, be free to practice their religion, and be able to form churches.5 Emperor

Constantine’s The Edict of Milan was one of the first pieces of imperial legislation to be

influenced by Christianity. As the proclamation created in part by the Catholic Emperor

Constantine prohibited future abuses of the Roman Empire toward Christians. Emperor

Constantine made additional contributions to Christianity by calling for and leading the Council

of Nicaea that took place in 325 A.D. Under Constantine, the Council of Nicaea attempted to

address and resolve the divisions within early Christian groups of the West and East, which

resulted in the creation of the first unified canon law under the Catholic Church.6 Emperor

Constantine’s involvement in the Council of Nicaea played a decisive role in the formation of the

Catholic Church. As the canon law produced by the council was the product of the first unified

effort of Christians to produce an agreed-upon doctrine. A doctrine that would influence imperial

legislation under Emperor Constantine and future emperors of the Roman Empire. The rise and

dominance of Christianity within the Roman Empire resulted in Church affairs influencing the

creation of imperial legislation.

The practices and the laws of the Catholic Church had a direct impact on the creation of

imperial legislation and the relationship between secular and ecclesiastical courts. Councils such

as the First Council of Constantinople in 381 A.D. produced a selection of canon law that

influenced secular law in mandating how clergy members were to be prosecuted and judged. As

canon law number six of Constantinople mandated that accusations against members of the

clergy and bishops would be examined within ecclesiastical courts. Furthermore, the individual
5
Britannica, T. Editors of Encyclopaedia. "Edict of Milan." Encyclopedia Britannica,

August 8, 2019, https://www.britannica.com/topic/Edict-of-Milan.

6
Britannica, T. Editors of Encyclopaedia. "First Council of Nicaea." Encyclopedia

Britannica, November 29, 2019, https://www.britannica.com/event/First-Council-of-Nicaea-325.

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accusing the bishop or clergy member would be prohibited from bringing forward their

accusation to secular courts or the emperor. As their actions would violate canon law and prevent

their accusations from moving forward.7 The canon law produced by the Council of

Constantinople had a clear influence on imperial legislation in ensuring cases brought against

members of the Church would remain in ecclesiastical courts. As on February 4, 383 A.D,

Emperors Valentinian, Arcadius, and Theodosius made a constitution that decreed that clergy

members will never face judgment within secular courts or be bound by secular laws. As cases

involving clerics must be decided by ecclesiastical authorities.8 The desire of the Catholic

Church to have its clergy members be judged solely in ecclesiastical court directly influenced the

creation of imperial legislation to ensure their desires would be satisfied. Due to Christianity

being accepted and becoming the dominant religion within the Roman Empire, issues that related

to the Church and its members became issues for the government to address. As a result,

religious leaders gathered in decisive councils such as the Council of Constantinople and

produced unified canon law that would promote its values and influence the secular government

to produce legislation that would adhere to their desires and grant privileges to its members.

Christian doctrine within the Roman Empire influenced imperial legislation in indirect methods

as well.

7
“First Council of Constantinople-381,” Papal Encyclicals Online, The Vatican

Publishing House, last modified February 20, 2020,

https://www.papalencyclicals.net/councils/ecum02.htm.
8
Clyde, Pharr, The Theodosian Code and Novels and the Sirmondian Constitutions

(Princeton University Press, 1952), 478.

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In addition to Christian Doctrine influencing the Roman Empire to provide privileges to

clergy members, it also affected imperial legislation regarding criminals’ ability to follow

Christian values and practices. As Emperors Theodosius, Arcadius, and Valentinian on February

20, 386 A.D issued a constitution that mandated that prisoners, individuals exiled, individuals

forced to work within the mines, and individuals who were deported would no longer be

punished due to the celebration of Easter and the desire to be merciful. The only exception would

be individuals declared guilty of one of the five capital crimes.9 Christian values of mercy and

the celebration of Easter reformed the imperial treatment of prisoners and criminals. Due to the

Roman Empire adhering to the Christian values of mercy and forgiveness, imperial legislation

reflected Christian doctrine and reformed much of what were once brutal punishments towards

criminals. The concept of showing individuals mercy was an integral component of Christianity

and due to the Roman Empire embracing Christianity, its legislation began to reflect its views on

the importance of mercy and forgiveness during a period that is an essential component of the

Christian faith. Christian values of mercy and forgiveness would also influence imperial

legislation in establishing the importance of sanctuary and the authority of the Catholic Church.

Church doctrine within the Roman Empire affected secular law by strengthening

Christian authority over secular courts through the privilege of sanctuary. Emperors Theodosius

and Honorius on May 8, 420 A.D produced a constitution that mandated the need to be merciful.

As a result, individuals were to be allowed to flee to churches to receive sanctuary, which would

extend fifty paces from any church’s doors. Additionally, if any individual seeking sanctuary

were to be detained while on church grounds, the person responsible would face the secular

charge of committing sacrilege.10 Due to Christian values of showing mercy and offering
9
Pharr, 480.
10
Pharr, 483.
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forgiveness, imperial legislation began to reflect such values in the treatment of those seeking

sanctuary and punishing those who would threaten to disrupt Christian practices. By providing

churches the ability to house anyone seeking sanctuary despite their crimes, imperial legislation

gave ecclesiastical locations and clergy members greater authority over secular courts in

determining the judgment of a criminal. Furthermore, the act of providing ecclesiastical members

the ability to provide sanctuary and judge mercifully to promote forgiveness and redemption

demonstrates Christianity’s influence on the Roman Empire’s usage of imperial legislation to

reflect the desires of the Church. Christianity made additional efforts to influence imperial

legislation and the usage of judicial savagery through its attempts to reduce the number of public

brutal forms of punishment.

Christianity significantly directly impacted the usage of judicial savagery within the

Roman Empire by influencing the often public and brutal forms of vengeance or justice that

occurred during the late antiquity. As Jill Harries found that Christians were against the Roman

Empire’s usage of public and brutal punishments to prevent criminals to carry out similar crimes.

As Christians believed that once criminals faced brutal punishments such as public execution,

they would longer be able to be redeemed or experience mercy.11 Christian values of mercy and

redemption influenced how the Roman Empire carried out brutal punishments. The combination

of Christian’s own experiences of being prosecuted and the doctrine they promoted resulted in

punishments found in imperial legislation changing. As Harries notes that the growing influence

of Christianity resulted in the decreased usage of the brutal and public form of punishment of the

crucifixion and led to an increase in the usage of hanging in the gallows. The quick death caused

by the gallows was determined more humane in comparison to the brutal death caused by
11
Jill, Harries, Law and Empire in the Late Antiquity (Port Chester, NY, USA, Cambridge

University Press, 1999), 136.

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crucifixion. Additionally, she notes that the influence of Christianity on judicial savagery was

known through Emperor Constantine admitting Christian influence by changing the penal policy

of branding criminals’ faces to branding their other limbs as the face was made in the image of

heaven.12 Christian values of humanness, reform, and mercy influenced the Roman Empire to

adjust their forms of judicial savagery to better reflect Christian doctrine. The growing influence

and dominance of Christianity within the Roman Empire resulted in imperial legislation that

reformed brutal public executions and punishments to adhere to the desires of Christians to seek

redemption and promote mercy and not solely vengeance. The growing influence of Christianity

on how the Roman Empire conducted judicial savagery did not result in the direct disappearance

of brutal punishments. Instead, Chrisitan values placed continual pressure on imperial legislation

and resulted in the gradual decrease of vicious punishments associated with judicial savagery and

the gradual increase of punishments that better reflected Christian values of mercy and

redemption. The growing influence and acceptance of Christianity on judicial punishments was

the result of the advantages it provided to secular authorities.

Christianity’s gradual influence on imperial punishments reflected its rise in becoming

the main religion of the Empire and acceptance by imperial authorities for the benefits it

provided. As Harries affirms that by the late fourth century, imperial authorities were

predominantly Christian, and as a result were more susceptible to the influence of Church values

of mercy and forgiveness. Bishops were able to influence punishments to become more

merciful.13 Christian Roman authorities made legislation that better reflected the desires of the

Catholic Church and its clergy. As Christianity grew to become the dominant religion within the

Roman Empire, imperial legislation produced by Christian imperial authorities began to reflect
12
Harries, 139.
13
Harries, 147-148.
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the qualities of humaneness, leniency, and mercy in the treatment of criminals. Despite the

benefits of security and social order produced through judicial savagery, the moral framework of

Christianity provided imperial authorities the advantage of maintaining order and loyalty. As

Arthur Cushman McGiffert found that Emperor Augustus and future emperors understood the

importance of the Roman Empire maintaining a singular common religion to unite its various

regions and people. Christianity unlike worshipping Emperors provided the Roman Empire with

strong loyalty and unity amongst its people and towards the imperial government.14 Imperial

authorities through adhering to Christianity’s moral framework were able to secure a method of

establishing loyalty to the state government and unity amongst the people. Even though the

spectacle of brutal and public forms of justice provided the Empire with social order, fear and

vengeance could not solely produce unity and loyalty to imperial authorities. The Christian

doctrine that promoted unity, social regulations, and loyalty provided imperial authorities the

tools to maintain a united and loyal empire. As a result, Christian imperial authorities began to

increasingly adopt Christian values into their legislation and not as heavily rely on the spectacle

of vengeance and justice to maintain and control an empire that consisted of different regions

and people united through their faith. As Christian doctrine influenced secular law, Church

practices and law were also influenced by interacting with Roman law.

Imperial legislation influenced Christianity through the Church utilizing Roman law and

procedures to shape and structure Church law. As Caroline Humfress found that bishops within

the Church utilized Roman law and procedures as a model in addressing specific events or issues

they were experiencing. Clergy utilized and revised Roman law to situations outside their
14
Arthur Cushman, McGiffert, The Influence of Christianity upon the Roman Empire

(Cambridge University Press: Cambridge University Press, 1909), 48,

http://www.jstor.org/stable/1507353.
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original intent.15 Ecclesiastical members adapted Roman law to best suit their needs in response

to situations canon law did not specifically address. Imperial legislation acted as a flexible

resource for Christianity to modify to serve its interests. Humfress also found that the Roman

papacy and ecclesiastical members from the fourth century and onwards deliberately made

efforts to adapt Roman law procedures and values into their system of Church law. As the papal

court functioned in a specific manner in conducting public tribunals and examining witnesses

that adhered to the practices found in Roman law.16 Imperial legislation and procedures provided

Christianity and the papal authority a system of law they could adapt to their needs. Practices and

principles found in Roman law became entrenched in ecclesiastical law and procedure. Due to

Christianity interacting and influencing secular law, its procedures and law began to reflect its

attachment to secular imperial authorities by adopting features ecclesiastical members believed

would be advantageous to possess. Displaying the interconnected and mutually influential

relationship Christianity and the Roman Empire maintained. The rise and eventual acceptance of

Christianity within the Roman Empire in late antiquity resulted in the Roman Empire and

Christianity influencing each other due to the connections between the religion and imperial

authorities.

The Roman Empire’s values and legislation transformed as a result of direct and indirect

influences from Christianity. Before Christianity became the dominant religion within the

Roman Empire during the fourth century, imperial legislation and punishments reflected the

desire of imperial authorities of maintaining social order through fear and deterrence. The

Empire’s usage of judicial savagery reflected their values of enacting vengeance and the
15
Caroline Humfress, Orthodoxy and the Courts in Late Antiquity (United States: Oxford

University Press, 2007), 210.

16
Humfress, 211.
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spectacle of public justice. However, as Christianity became widely accepted and the dominant

religion within the Empire, imperial legislation and punishments adapted to the values of

Christianity. The moral framework of Christianity that promoted mercy, forgiveness, and

redemption resulted in the gradually increased creation of imperial legislation that was more

humane and gave leniency in punishments. Imperial authorities gradually accepted Christianity

and benefited from its doctrine by utilizing it to maintain unity and loyalty. As a direct result of

interacting with the secular government, Christianity also began to adopt principles and practices

found in imperial secular law to employ within its ecclesiastical laws and councils. The growth

and effects of Christianity in the late antiquity resulted in the Roman Empire not fully

abandoning its former identity but adapting to the values that Christianity instilled within the

government and the people of the Roman Empire.