1 Earliest Rome

I I . T H R E A T S T O T H E R O M A N O R D E R
11.14 Theodosius' ban on sacrifices (A.D. 392)
Tbeodosian Codexv\.\\l.12
From Conscantine onwards Christian emperors issued a series of regulations
against the traditional cults (many of which were later collected in the
Tbeodosian CodeXVl). The regulations are numerous and apparently repetitive
- which may suggest widespread disobedience and repeated attempts to restate
the ban on traditional practice. But overall they represent a progressive outlawing
of the traditional cults, as the different specific aspects of these cults are,
piece by piece, brought under the ban. The Emperor Theodosius acted against
divination, secularized traditional temples, reformed the calendar (cf. 3.6) and
(in the ruling quoted here) issued a comprehensive ban on traditional
sacrifices. Note how the language earlier used against illicit divination (11.7) is
extended to cover the whole of the traditional rites, which in a striking reversal
of terminology are now themselves seen as superstitio.
See further: Vol. 1, 386-8; 6.8 for Christians and sacrifice; Cochrane (1940)
318-57*; Noethlichs (1971) 166-82; Salzman (1993).
Emperors Theodosius, Arcadius and Honorius to Rufinus, Praetorian Prefect: Absolutely
no person of any class or order of men of rank, whether he holds a position of power or
has held such office, whether he is powerful by chance of birth or lowly in family, station
or fortune, shall in any place whatsoever or in any city slaughter an innocent victim to
insensate images; nor shall he venerate by a more secret sacrifice his Lar with fire, his
genius with wine or his Penates with incense, nor shall he light candles, burn incense or
hang up garlands for them. But if anyone does dare to offer up a victim for the purpose
of sacrificeyor to consult the living entrails, he may be brought to trial, on the model of
high treason, on the basis of information lodged by anyone and may receive the
appropriate sentence, even if he has not made any plan against or enquiry about the well-
being of the emperors. To constitute a serious crime it is sufficient to wish to undo the
laws of nature herself, to investigate illicit things, to reveal what is hidden, to attempt
what is forbidden, to enquire about the end of another's life or to have hopes based on
someone else's death.
However, if a person, by the burning of incense, should venerate images made by
human hand and destined to suffer the ravage of rime, or should he, suddenly filled with
absurd fear of what he himself has made, either garland a tree with sacred ribbons or erect
an altar of turves, or attempt to honour vain images with an offering which, though
humble, is nevertheless completely offensive to religio: he shall be found guilty of
violating religio and have confiscated that house or property in which it is established he
served a pagan superstitio. For we decree that every location where it
it is proven that the burning of incense has occurred, provided that the location is clearly
the legal property of those burning the incense, shall be transferred to our Treasury. But if
anyone attempts to perform this sort of sacrifice in public temples or shrines or in
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