Livy's History of
Bk. XXXIX, 8-18
Rome
Legal Precedent for Nero's Persecution of Christians and
Gospel?
[Editor's Note: Here follows
Livy's account of
[39.8]During the following
year the consuls Sp. Postumius Albinus and Q. Marcius Philippus
had their attention diverted from the army and the wars, and the
administration of provinces, by the necessity of putting down a
domestic conspiracy. The provinces were allotted to the praetors
as follows: the civic jurisdiction to T. Maenius, the alien to
M. Licinius Lucullus,
[39.9]This pestilential evil penetrated from
There was a freedwoman named
Hispala Fecenia who, though she was a courtesan, was worthy of
better things than the gains to which she had been accustomed
from her girlhood, and by which she supported herself even after
she had been manumitted. As their houses were near one another,
an intimacy had sprung up between her and Aebutius, which was in
no way injurious to either his reputation or his purse. She
sought his company and his love unsolicited, and as his parents
kept him close in every way, he was maintained by the girl's
generosity. Her passion for him had gone so far that after her
guardian had died, and she was no longer a ward, she begged the
tribunes and the praetor to appoint a guardian for her. Then she
could make a will and she constituted Aebutius her sole heir.
[39.10]With these proofs of her love they had no secrets from
each other, and the youth told her in a jocular tone not to be
surprised if he absented himself from her for some nights; he
had a religious duty to perform, the discharge of a vow made
while he was ill, and he intended therefore to be initiated into
the Bacchic mysteries. On hearing this she was terribly upset
and exclaimed, "Heaven forbid. Better for us both to die than
that you should do this," and then invoked deadly curses on the
heads of those who had advised him to take this course. The
youth, astonished at her outburst and excitement, bade her spare
her curses; it was his mother who had given him this command
with the consent of his stepfather. "Your stepfather, then," she
replied, "for, perhaps, it is not right to charge your mother
with it, is by this act hurrying on the ruin of your modesty,
your reputation, your hopes and your life." Still more
astonished, he asked her what she meant. With a prayer to the
gods and goddesses to forgive her if, constrained by her
affection, she disclosed what she ought to be silent about, she
explained that when she was in service she had accompanied her
mistress into that place of initiation, but had never gone near
it when once she was free. She knew it to be a sink of every
form of corruption, and it was a matter of common knowledge that
no one had been initiated for the last two years above the age
of twenty. As each person was brought in, he was handed over to
the priests like a victim and taken into a place which resounded
with yells and songs, and the jangling of cymbals and drums, so
that no cry from those who were suffering violation could be
heard. She then begged and implored him to get out of the affair
in whatever way he could, and not to rush blindly into a place
where he would first have to endure, and then to commit, every
conceivable outrage. Until he had given his word to keep clear
of these rites she would not let him go.
[39.11]After he reached home his mother brought up the subject
of the initiation and told him what he had to do in connection
with it on that day, and what on the following days. He informed
her that he would do nothing of the kind; he had no intention of
being initiated. His stepfather was present. The mother at once
exclaimed, "He cannot pass ten nights away from Hispala's
embraces; he is so intoxicated with the fascinations of that
venomous serpent, that he has no respect for either his parent
or his stepfather or the gods." Amid the objurgations of his
mother on the one side and his stepfather on the other, he was
finally, with the assistance of four slaves, driven out of the
house. The youth betook himself to his aunt Aebutia, and
explained why he had been expelled from his home, and at her
suggestion laid the matter privately before the consul the
following day. Postumius told him to come again in three days'
time, and in the meantime inquired of Sulpicia, his
mother-in-law, a grave and judicious woman, whether she knew an
old woman called Aebutia living in the Aventine quarter. She
replied that she knew her to be a woman of respectable and
strictly moral character; on which the consul said that it was
important that he should have an interview with her, and
Sulpicia must send for her to see her. Aebutia came to Sulpicia,
and the consul coming in as though by accident turned the
conversation on to her brother's son. The woman burst into tears
and began to lament the youth's misfortunes, robbed as he had
been of his fortune by those who ought to have been the very
last to do so. He was, she said, at her house at the time, "he
had been driven away by his mother because the honest and
respectable youth refused - may the gods forgive me - to be
initiated into what were commonly believed to be impure and
obscene mysteries."
[39.12]As the consul considered that he had ascertained all that
was necessary about Aebutius, and that the evidence was
trustworthy, he dismissed Aebutia and asked his mother-in-law to
send for Hispala, a freedwoman, who was well known round the
[39.13]The woman being convinced, and quite rightly, that
Aebutius was the informer, flung herself at Sulpicia's feet and
implored her not to let a conversation between a freedwoman and
her lover be treated so seriously as to amount to treason. What
she had told him was for the purpose of frightening, not because
she really knew anything. Postumius was very angry, and told her
that she must be imagining that she was joking with her lover,
and not speaking in the house of a grave and august lady and in
the presence of the consul. Sulpicia raised the terrified woman
from the floor, spoke soothingly to her and tried to quiet her.
At length she became calm, and after bitterly reproaching
Aebutius for the return he had made after all she had done for
him, and declared that while she stood in great fear of the
gods, whose occult mysteries she was revealing, she stood in
much greater fear of men who would tear her to pieces if she
turned informer. So she begged Sulpicia and the consul to remove
her to some place outside the borders of
At first they were confined to
women; no male was admitted, and they had three stated days in
the year on which persons were initiated during the daytime, and
matrons were chosen to act as priestesses. Paculla Annia, a
Campanian, when she was priestess, made a complete change, as
though by divine monition, for she was the first to admit men,
and she initiated her own sons, Minius Cerinnius and Herennius
Cerinnius. At the same time she made the rite a nocturnal one,
and instead of three days in the year celebrated it five times a
month. When once the mysteries had assumed this promiscuous
character, and men were mingled with women with all the licence
of nocturnal orgies, there was no crime, no deed of shame,
wanting. More uncleanness was wrought by men with men than with
women. Whoever would not submit to defilement, or shrank from
violating others, was sacrificed as a victim. To regard nothing
as impious or criminal was the very sum of their religion. The
men, as though seized with madness and with frenzied distortions
of their bodies, shrieked out prophecies; the matrons, dressed
as Bacchae, their hair dishevelled, rushed down to the Tiber
with burning torches, plunged them into the water, and drew them
out again, the flame undiminished, as they were made of sulphur
mixed with lime. Men were fastened to a machine and hurried off
to hidden caves, and they were said to have been rapt away by
the gods; these were the men who refused to join their
conspiracy or take a part in their crimes or submit to
pollution. They formed an immense multitude, almost equal to the
population of
[39.14]When she had finished giving her evidence, she fell on
her knees and again begged the consul to send her abroad. He
asked his mother-in-law to set apart some portion of her house
where she could take up her abode. An upper room was assigned to
her which was approached by a flight of steps from the street;
these were blocked up and an entrance made from inside the
house. All Fecenia's effects were at once transferred, and her
household slaves brought in, and Aebutius was ordered to take up
his quarters with a client of the consul's. As both his
informants were now in his hands, Postumius reported the affair
to the senate. Everything was explained as it occurred, the
information which he had first received, and then that which he
had obtained in answer to his questions. The senate were greatly
alarmed for the public safety; these secret conspiracies and
nocturnal gatherings were a danger to the State; and they were
alarmed for themselves, lest their own relations and friends
might be involved. They passed a vote of thanks to the consul
for having conducted his investigations so carefully and without
creating any public disturbance. Then, arming the consuls with
extraordinary powers, they placed in their hands the inquiry
into the proceedings at the Bacchanalia and the nocturnal rites.
They were to take care that Aebutius and Fecenia suffered no
injury for the information they had given, and they were to
offer rewards to induce other informers to come forward. Those
who presided over these mysteries were to be sought out not only
in Rome, but everywhere where people were in the habit of
assembling, so that they might be delivered up to the consuls.
Edicts were published in
[39.15]When the various officials had been told off to their
duties, the consuls convened the Assembly and mounted the
Rostra. After the usual prayers with which proceedings are
opened before the magistrates address the people, the consul
began thus: "In no meeting of the Assembly has this solemn
appeal to the gods been so appropriate and, I would add, so
necessary. For it reminds you that it is these gods whom your
ancestors ordained that we should worship, reverence, and pray
to; not those who have driven the minds of people enslaved by
foul and foreign superstitions, as though by goading furies,
into every form of crime and every kind of lust. I am at a loss
to know how far I ought to keep silence, and how far I ought to
go, in what I have to say. I fear, if you remain in ignorance of
anything, that I may leave an opening for neglect, whilst, if I
disclose everything, I may create too much alarm. Whatever I
say, you may be certain that it does not come up to the enormity
and horror of the thing. We shall make it our business to say
enough to put you on your guard. That the Bacchanalia have for
some time been going on throughout Italy and are now practiced
in many parts of the City you have, I am sure, learnt not only
by report, but also by the nightly noises and yells which
resound all over the City; but I do not think you know what it
all means. Some of you fancy that it is a particular form of
worship; others think that it is some permissible kind of sport
and dalliance; its real nature is understood by few. As to their
numbers, you would inevitably be very much alarmed if I were to
say that there are many thousands of them, unless I went on to
explain who and what sort of people they are.
"In the first place, then,
women form the great majority, and this was the source of all
the mischief. Then there are the males, the very counterparts of
the women, committing and submitting to the foulest uncleanness,
frantic and frenzied, driven out of their senses by sleepless
nights, by wine, by nocturnal shouting and uproar. The
conspiracy does not so far possess any strength, but its numbers
are rapidly increasing day by day, and its strength is growing.
Your ancestors would not have even your Assembly meet in an
irregular and haphazard way, but only when the standard was
hoisted on the citadel and the centuries in their array marched
out, or when the tribunes had given notice of a meeting of the
plebs, or the Assembly had been duly convened by one of the
magistrates. Whenever the people met together there was bound to
be a lawful authority to preside over it. Have you any idea what
these nocturnal gatherings, these promiscuous associations of
men and women are? If you knew at what age those of the male sex
are initiated, you would feel not only compassion for them, but
shame as well. Do you consider, Quirites, that young men who
have taken this unhallowed oath are to be made into soldiers?
That after the training they have received in that shrine of
obscenity they are to be entrusted with arms? Shall these men,
reeking with their impurity and that of those round them, wield
their swords in defence of the chastity of your wives and
children?
[39.16]"The mischief would not be serious, if they had only lost
their manhood through their debauchery - the disgrace would fall
mainly upon themselves - and had kept from open outrage and
secret treason. Never has there been such a gigantic evil in the
commonwealth, or one which has affected greater numbers or
caused more numerous crimes. Whatever instances of lust,
treachery, or crime have occurred during these last years, have
originated, you may be perfectly certain, in that shrine of
unhallowed rites. They have not yet disclosed all the criminal
objects of their conspiracy. So far, their impious association
confines itself to individual crimes; it has not yet strength
enough to destroy the commonwealth. But the evil is creeping
stealthily on, and growing day by day; it is already too great
to limit its action to individual citizens; it looks to be
supreme in the State. Unless, Quirites, you take precautions,
this Assembly legally convened by a consul in the daylight will
be confronted by another assembly gathered together in the
darkness of the night. Now they, disunited, fear you, a united
Assembly, but when you are dispersed to your homes and your
farms they will hold their assembly and plot their own safety
and your ruin. It will then be your turn, scattered as you will
be, to fear them in their united strength.
"You ought, therefore, every
one of you, to pray that your friends may have preserved their
good sense. If unbridled and maddening lust has swept any one
away into that whirlpool, you must judge him as belonging not to
you but to those whom he has joined as fellow-conspirators in
every kind of wickedness. I do not feel sure that even some of
you may not have been misled. For there is nothing which wears a
more deceptive appearance than a depraved superstition. Where
crimes are sheltered under the name of religion, there is fear
lest in punishing the hypocrisy of men we are doing violence to
something holy which is mixed up with it. From these scruples
you are delivered by numberless decisions of the pontiffs,
resolutions of the senate and responses of the augurs. How often
in the times of your fathers and grandfathers has the task been
assigned to the magistrates of forbidding all foreign rites and
ceremonies, prohibiting hedge-priests and diviners from entering
either the Forum, the Circus, or the City, seeking out and
burning all books of pretended prophecies, and abolishing every
sacrificial ritual except what was accordant with Roman usage!
Those men were masters of all human and divine love, and they
believed that nothing tended so much to destroy religion as the
performance of sacrificial rites, not after the manner of our
fathers, but in fashions imported from abroad. I thought I ought
to tell you this beforehand, so that none of you may be
distressed by fears on the score of religion when you see us
demolishing the seats of the Bacchanalia and dispersing their
impious gatherings. All that we shall do will be done with the
sanction of the gods and in obedience to their will. To show
their displeasure at the insult offered to their majesty by
these lusts and crimes they have dragged them out of their dark
hiding-places into the light of day, and they have willed that
they shall be exposed not to enjoy impunity, but to be punished
and put an end to. "The senate has entrusted my colleague and
myself with extraordinary powers for conducting an inquiry into
this matter. We shall make an energetic use of them, and we have
charged the subordinate magistrates with the care of the
night-watches throughout the City. It is only right that you
should show equal energy in doing your duty in whatever position
you may be placed and whatever orders you receive, and also in
making it your business to see that no danger or disturbance
arise through the secret plots of the criminals."
[39.17]They then ordered the resolutions of the senate to be
read, and offered a reward for any one who should bring a guilty
person before the consuls, or give in his name if he were not
forthcoming. In the case of any one who had been denounced and
then taken to flight, they would fix a day for him to answer the
charge, and if he failed to appear, he would be condemned in his
absence; for any one who was abroad at the time they would
extend the date should he wish to make his defence. They then
published an edict forbidding any one to sell or buy anything
for the purpose of flight, or to receive, harbour, or in any way
assist those who fled. After the Assembly had broken up, the
whole of the City was thoroughly alarmed. Nor was the alarm
confined within the walls of the City or the frontiers of
[39.18]So great, however, was the number of those who fled from
the City that law-suits and rights of property were in numerous
cases lost by default, and the praetors were compelled through
the intervention of the senate to adjourn their courts for a
month, to allow the consuls to complete their investigations.
Owing to the fact that those whose names were on the list did
not answer to the summons, and were not to be found in
[1] Tertullian, Apology, I, vii, viii; Ante-Nicene Fathers pp. 23, 24; cf. Justin Martyr, Dialogue with Trypho, XVII; Ante-Nicene Fathers, p. 203.
To receive Kurt Simmons’ e-mail newsletter, The Sword & The Plow, click the Subscribe link:
All rights reserved.