Religio licita
Encyclopedia
Religio licita is a phrase used in the Apologeticum
of Tertullian
to describe the special status of Judaism
under Roman Imperial rule
. It is not an official term in Roman law
.
Although it occurs in only one patristic text
and in no Roman sources or inscriptions, the phrase has spawned abundant scholarly conjecture on its possible significance. Some scholars have gone so far as to imagine that all religions under the Empire had a legal status as either licita or illicita, despite the absence of any ancient texts referring to these categories. The most extreme view has held that Tertullian's phrase means all foreign religions required a license from the Roman government. But it was Roman custom to permit or even encourage the subject peoples of the provinces
and foreign communities in Rome to maintain their ancestral religion, unless specific practices were regarded as disruptive or subversive: "A religio was licita for a particular group on the basis of tribe or nationality and traditional practices, coupled with the proviso that its rites were not offensive to the Roman people or its gods."
Tertullian uses the phrase in a passage arguing that Christians should be granted the same freedom to practice their religion
as any other inhabitant of the Empire; the passage itself, and not the phrase religio licita, is evidence of the general tolerance afforded under the Roman system of religion
.
originating with Julius Caesar
and embodied by various pieces of Roman legislation pertaining to the Jews, conceived of as a coherent policy. In fact, the various privileges and exemptions granted to the Jews were responses to specific complaints or requests, made in the context of the traditional patronage network
, and had nothing to do with a supposed religio licita status. To the extent that the Romans respected Judaism, it was because of the religion's great antiquity, ancestral tradition being regarded as a source of social and political stability.
It has been observed that "Roman magistrates
treated the Jews the way they did not because they were consciously tolerant, but simply because they had no reason to hinder the free exercise of Jewish religious practices."
in the 80s
AD. Though this term appears nowhere, it has been conjectured that a declaration of Christianity as illicita was the legal basis for official persecutions. There was, however "no law, either existing section of criminal law, or special legislation directed against the Christians, under which Christians were prosecuted in the first two centuries." Rome lacked a uniform policy or legal code pertaining to foreign cults, and before Christian hegemony in the 4th century, there was no legal language to designate a concept analogous to "heresy
" or crimes against orthodox religion.
Under Constantine the Great, Christianity
and other religions became tolerated with the Edict of Milan
in 313
. Toleration did not extend to religions that practiced human sacrifice
, such as Druidism. This state of affairs lasted until 380
, when Nicene Christianity
was adopted as the Roman state religion
, and in the following years, persecution of non-Christian and non-Nicene cults began. Priscillian
was executed for heresy in 385, and Theodosius I
began outlawing Rome's traditional religious rituals in 391.
Apologeticus
Apologeticus or Apologeticum is Tertullian's most famous work, consisting of apologetic and polemic; it was written in Carthage in the summer or autumn of 197 AD, during the reign of Septimius Severus. In this work Tertullian defends Christianity, demanding legal toleration and that Christians be...
of Tertullian
Tertullian
Quintus Septimius Florens Tertullianus, anglicised as Tertullian , was a prolific early Christian author from Carthage in the Roman province of Africa. He is the first Christian author to produce an extensive corpus of Latin Christian literature. He also was a notable early Christian apologist and...
to describe the special status of Judaism
Hellenistic Judaism
Hellenistic Judaism was a movement which existed in the Jewish diaspora that sought to establish a Hebraic-Jewish religious tradition within the culture and language of Hellenism...
under Roman Imperial rule
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
. It is not an official term in Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
.
Although it occurs in only one patristic text
Church Fathers
The Church Fathers, Early Church Fathers, Christian Fathers, or Fathers of the Church were early and influential theologians, eminent Christian teachers and great bishops. Their scholarly works were used as a precedent for centuries to come...
and in no Roman sources or inscriptions, the phrase has spawned abundant scholarly conjecture on its possible significance. Some scholars have gone so far as to imagine that all religions under the Empire had a legal status as either licita or illicita, despite the absence of any ancient texts referring to these categories. The most extreme view has held that Tertullian's phrase means all foreign religions required a license from the Roman government. But it was Roman custom to permit or even encourage the subject peoples of the provinces
Roman province
In Ancient Rome, a province was the basic, and, until the Tetrarchy , largest territorial and administrative unit of the empire's territorial possessions outside of Italy...
and foreign communities in Rome to maintain their ancestral religion, unless specific practices were regarded as disruptive or subversive: "A religio was licita for a particular group on the basis of tribe or nationality and traditional practices, coupled with the proviso that its rites were not offensive to the Roman people or its gods."
Tertullian uses the phrase in a passage arguing that Christians should be granted the same freedom to practice their religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
as any other inhabitant of the Empire; the passage itself, and not the phrase religio licita, is evidence of the general tolerance afforded under the Roman system of religion
Religion in ancient Rome
Religion in ancient Rome encompassed the religious beliefs and cult practices regarded by the Romans as indigenous and central to their identity as a people, as well as the various and many cults imported from other peoples brought under Roman rule. Romans thus offered cult to innumerable deities...
.
Judaism as licita
Religio licita has sometimes been taken as a formal recognition or charterCharter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...
originating with Julius Caesar
Julius Caesar
Gaius Julius Caesar was a Roman general and statesman and a distinguished writer of Latin prose. He played a critical role in the gradual transformation of the Roman Republic into the Roman Empire....
and embodied by various pieces of Roman legislation pertaining to the Jews, conceived of as a coherent policy. In fact, the various privileges and exemptions granted to the Jews were responses to specific complaints or requests, made in the context of the traditional patronage network
Patronage in ancient Rome
Patronage was the distinctive relationship in ancient Roman society between the patronus and his client . The relationship was hierarchical, but obligations were mutual. The patronus was the protector, sponsor, and benefactor of the client...
, and had nothing to do with a supposed religio licita status. To the extent that the Romans respected Judaism, it was because of the religion's great antiquity, ancestral tradition being regarded as a source of social and political stability.
It has been observed that "Roman magistrates
Roman Magistrates
The Roman Magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate. His power, in practice, was absolute. He was the chief priest, lawgiver, judge, and the sole commander of the army...
treated the Jews the way they did not because they were consciously tolerant, but simply because they had no reason to hinder the free exercise of Jewish religious practices."
Christianity as illicita
Some scholars have argued that Christianity was declared a religio illicita (an impermissible or illegitimate religion) by DomitianDomitian
Domitian was Roman Emperor from 81 to 96. Domitian was the third and last emperor of the Flavian dynasty.Domitian's youth and early career were largely spent in the shadow of his brother Titus, who gained military renown during the First Jewish-Roman War...
in the 80s
80s
-Significant people:* Titus Flavius VespasianusRoman Emperor * Titus Flavius Domitianus, Roman Emperor...
AD. Though this term appears nowhere, it has been conjectured that a declaration of Christianity as illicita was the legal basis for official persecutions. There was, however "no law, either existing section of criminal law, or special legislation directed against the Christians, under which Christians were prosecuted in the first two centuries." Rome lacked a uniform policy or legal code pertaining to foreign cults, and before Christian hegemony in the 4th century, there was no legal language to designate a concept analogous to "heresy
Heresy
Heresy is a controversial or novel change to a system of beliefs, especially a religion, that conflicts with established dogma. It is distinct from apostasy, which is the formal denunciation of one's religion, principles or cause, and blasphemy, which is irreverence toward religion...
" or crimes against orthodox religion.
Under Constantine the Great, Christianity
Early Christianity
Early Christianity is generally considered as Christianity before 325. The New Testament's Book of Acts and Epistle to the Galatians records that the first Christian community was centered in Jerusalem and its leaders included James, Peter and John....
and other religions became tolerated with the Edict of Milan
Edict of Milan
The Edict of Milan was a letter signed by emperors Constantine I and Licinius that proclaimed religious toleration in the Roman Empire...
in 313
313
Year 313 was a common year starting on Thursday of the Julian calendar. At the time, it was known as the Year of the Consulship of Constantinus and Licinianus...
. Toleration did not extend to religions that practiced human sacrifice
Human sacrifice
Human sacrifice is the act of killing one or more human beings as part of a religious ritual . Its typology closely parallels the various practices of ritual slaughter of animals and of religious sacrifice in general. Human sacrifice has been practised in various cultures throughout history...
, such as Druidism. This state of affairs lasted until 380
380
Year 380 was a leap year starting on Wednesday of the Julian calendar. At the time, it was known as the Year of the Consulship of Augustus and Augustus...
, when Nicene Christianity
Nicene Creed
The Nicene Creed is the creed or profession of faith that is most widely used in Christian liturgy. It is called Nicene because, in its original form, it was adopted in the city of Nicaea by the first ecumenical council, which met there in the year 325.The Nicene Creed has been normative to the...
was adopted as the Roman state religion
State religion
A state religion is a religious body or creed officially endorsed by the state...
, and in the following years, persecution of non-Christian and non-Nicene cults began. Priscillian
Priscillian
Priscillian was bishop of Ávila and a theologian from Roman Gallaecia , the first person in the history of Christianity to be executed for heresy . He founded an ascetic group that, in spite of persecution, continued to subsist in Hispania and Gaul until the later 6th century...
was executed for heresy in 385, and Theodosius I
Theodosius I
Theodosius I , also known as Theodosius the Great, was Roman Emperor from 379 to 395. Theodosius was the last emperor to rule over both the eastern and the western halves of the Roman Empire. During his reign, the Goths secured control of Illyricum after the Gothic War, establishing their homeland...
began outlawing Rome's traditional religious rituals in 391.