THE OPPOSITION
The ancient state was based on community of _sacra_, of
cult-observances. Anything that tended to destroy them or impair general
belief in their necessity, went to the very roots of the state, was
therefore a form of treason, and was punished as such. The state rarely
was interested in the honor of the gods themselves. Roman law had a
maxim, which was very seriously stated, but which makes upon us the
impression of a cynical witticism: _Deorum iniuriae dis curae_, “Let the
gods attend to their own wrongs.” Since the kinship of members of the
state was generally known to be a legal fiction, the bond that took its
place was common worship. The state could not look without concern upon
anything that threatened to weaken its formal structure.
Most Greek states made ἀσέβεια, “impiety,” a criminal
offense. But just what acts or omissions constituted impiety was in each
case a question of fact, to be determined specially in every instance.
At Athens various persons of greater and less distinction were
prosecuted under that indictment—Socrates, Theophrastus, Phryne. In
every one of these cases, the gravamen of the charge was that the
defendant did not regard as gods those whom the state so regarded
(μὴ νομίζειν θεοὺς οὓς ἡ πόλις νομίζει, Plat. Apol. 24B and
26B), and taught so. In general, individual prosecutions such as these
were deemed sufficient to repress the spread of dangerous doctrines. It
was not believed necessary to consider membership in any sect or
community as _prima facie_ evidence of such impiety, punishable without
further investigation. In later times, however, even this step was
taken. Certain philosophic sects—which, we may remember, were
corporately organized—were believed to be essentially impious. The city
of Lyctos in Crete forbade any Epicurean to enter it under penalty of
the most frightful tortures.[164]
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