It has been stated, and it must be constantly reiterated, that impiety
was a negative offense, that it implied deliberate refusal to perform a
religious act of legal obligation, rather than the actual doing of some
other religious act. If “impiety” were really the offense here, the
“many” that were charged with it under Domitian and Nerva must have been
so charged because they neglected certain ceremonies which the laws made
obligatory. In Greek communities ἀσέβεια was a relatively
common offense, and indictment for it of frequent occurrence. But it is
doubtful whether there was such an indictment at Roman law. There is no
Latin term for ἀσέβεια. The word _impietas_ is generally
used in a different sense. The Greek Dio or his late Byzantine
epitomator has evidently used that term here to describe in his own
words what seemed to him to be the substance of the accusation rather
than to give a technically exact account of the charge against these
men.
In later law writers certain offenses are discussed under which forms of
impiety or ἀσέβεια might be included. But these offenses
are treated either as sedition or as violations of the Sullan Lex
Cornelia de Sicariis et Veneficis, “Statute of Assassins and Poisoners.”
The latter law seems to have been a general statute containing a varied
assortment of provisions, but all of them relating to acts that tended
to the bodily injury of anyone, whatever the motive or pretext of that
injury.[364]
The “many,” then, who, as Xiphilinus says, were prosecuted for
“impiety,” because they lapsed into Jewish rites, may have been indicted
under the Lex Cornelia—no doubt as a pretext—or charged with treason
upon proof of Jewish proclivities. The Palestinian Jews, we may
remember, were until recently in arms against Rome. In all these cases,
the indictments were probably far-fetched pretexts devised by the morose
and suspicious Domitian during his last year of veritable terror in
order to get rid of men whom he suspected (often justly) of plotting his
assassination. These are the men whom Nerva’s act of amnesty freed.
The famous jurist Paul, who wrote in the first part of the third
century, discusses the restrictions imposed upon the spread of Jewish
rites, under the heading of “sedition” or “treason.” The justification
for that treatment lies in the series of insurrections of the Eastern
Jews of which the rebellion of 68 C.E. was merely the beginning. Our
sources for the events of these rebellions are remote and uncertain, and
the transmission is more than usually troubled; but a chance fragment,
as well as the kernel of the lurid account presented by Xiphilinus’
epitome of Dio, leaves no doubt that the struggle was carried on with
memorable ferocity, and left a lasting impression on the people whom it
concerned.
Public-domain text, read in full here on John Shaqi.
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