The anti-paganism policies of the early Byzantine Empire ranged from 395 till 567. Anti-paganism laws were enacted by the Byzantine Emperors Arcadius, Honorius, Theodosius II, Marcian and Leo I the Thracian. They reiterated previous legal bans, especially on pagan religious rites and sacrifices and increased the penalties for their practice. The pagan religions had still many followers but they were increasingly obliged to keep under cover to formally comply with the edicts. Significant support for paganism was present among Roman nobles, senators, magistrates, imperial palace officers, and other officials.
Many Christians pretended to be such while continuing pagan practices, and many converted back to paganism; numerous laws against apostasy kept being promulgated and penalties increased since the time of Gratian and Theodosius. Pagans were openly voicing their resentment in historical works, like the writings of Eunapius and Olympiodorus, and books blaming the Christian hegemony for the 410 Sack of Rome. Christians destroyed almost all such pagan political literature, and threatened copyists with cutting off their hands.
Laws declared that buildings belonging to known pagans and heretics were to be appropriated by the churches. St. Augustine exhorted his congregation in Carthage to smash all tangible symbols of paganism they could lay their hands on.
The persecution was somewhat reduced in some periods under the influence of the high-ranking general Stilicho and under the "usurper" Joannes Primicerius; a revival was attempted by Anthemius from 467.
The legacy of Theodosius I Whilst "paganism, with Theodosius dies, never to rise again", according to a Christian historian"A History of the Church", Philip Hughes, Sheed & Ward, rev ed 1949, vol I chapter 6. committed pagans continued, wherever possible, to practice their faith discreetly or under cloak of common festivals and by keeping within the letter of the law if not its spirit,Gibbon, Edward The Decline and Fall of the Roman Empire, ch28 more commonly in the countryside, hence they are called "rustics - the pagani".
Upon the death of Theodosius, in 395, the Empire was divided between his two incompetent sons. Political crisis ensued; over the next several decades, the defence of the Empire gradually collapsed. During this prolonged disaster, some Christians became less certain of their religion and converted back to the old religion. Pagans blamed the Christians for the disasters affecting the empire.Eunapius reflects some of the pagan attitudes of this period in his writings.
Despite the pleas of many pagans for tolerance, Honorius and Arcadius continued the work of their father by enacting even more anti-paganism laws to stop any revival of paganism. The fact that they had to keep repeating their threats by the enactment of numerous laws against the practice of paganism indicates that their efforts did not succeed in stamping out the old religion, which continued to be practiced discreetly.Theodosian Code 16.5.41
During the early part of the reign of Honorius, Stilicho was able to exercise unlimited power over the west. Stilicho exercised moderation in his religious policies and enacted laws that were favorable to the pagans. Consequently, during the time in which Stilicho held power, the pagans enjoyed a brief respite from persecution.
Arcadius laws, 395 On July 3, 395, Arcadius declared that the solemn days of the pagans were no longer to be included in the number of holidays.Theodosian Code 2.8.22 But the festival of the Navigium Isidis, and other pagan holidays, outlived this law.Alföldi (1937) p.47
In the same year, another law was passed by Arcadius that prohibited anyone from going to a pagan sanctuary or temple or of celebrating any kind of pagan sacrifice.Theodosian Code 16.10.13 This law seems to have been targeted at those Christians who were converting back to paganism as it specifically mentions "those who are trying to stray from the dogma of the Catholic faith." In the year 396, the privileges of pagan priests and other clerics were officially revoked.Theodosian Code 16.10.14 In the same year, Arcadius ordered that pagan temples standing in the country were to be destroyed without disorder or riot such that they could not be used for pagan religious rites away from gaze of the authorities.Theodosian Code 16.10.16, 15.1.36 The large number of pagans in the east also seems to have forced Arcadius into allowing the ancient festivals and public games to continue but without religious rites that formed an essential part of the old religion.Theodosian Code 15.6.1, 15.6.2
Stilicho laws, 399 In 399, three laws were enacted in the west, under the influence of Stilicho, which were relatively favorable to the pagans. Due to the riots caused by Christians in their attempts to destroy the temples, the first of these laws protected the pagan temples from the destruction of zealous Christians who pretended that they had been authorized by the government to destroy them.Theodosian Code 16.10.15 The second of these laws acknowledged the right of the people to continue to participate in traditional banquets, shows, gatherings and amusements once associated with the old pagan ways; it did, however, forbid the public performance of any pagan religious rites or sacrifice, an intrinsic part of a religion supported by custom rather than by argument.Theodosian Code 16.10.17 The third law forbade the destruction of pagan temples that had been cleared of forbidden things and ordered that they were to be kept in good repair even though the purpose for which they were first built was now prohibited.Theodosian Code 16.10.18
Destructions by St. Augustine At the turn of the century St Augustine would exhort his congregation in Carthage to smash all tangible symbols of paganism they could lay their hands on "for that all superstition of pagans and heathens should be annihilated is what God wants, God commands, God proclaims!" – words uttered to wild applause, and possibly the cause of religious riots resulting in sixty deaths. It is estimated that pagans still made up half of the Empire's population.MacMullen, R. Christianizing The Roman Empire A.D.100-400, Yale University Press, 1984,
Persecution laws by Honorius since 407 In the year 407 a decree was issued to the west from Rome: "If any images stand even now in the temples and shrines...., they shall be torn from their foundations...The temples situated in cities or towns shall be taken for public use. Altars shall be destroyed in all places." After the death of Stilicho in 408, Honorius and his party in the state will gain control and enact once again harsh laws against pagans.
In the year 408, Honorius enacted a new law which ordered that all statues and altars in the temples were to be removed and that the temple buildings and their income were to be appropriated by the government.Theodosian Code 16.10.19 This law also forbade the holding of any banquet or celebration in vicinity of the temples that was being used by pagans in the countryside as a pretext and cover for religious celebrations.Gibbon, Edward The Decline and Fall of the Roman Empire, ch28, note 54. The execution of this law was placed in the hands of the bishops. Two other laws decreed that buildings belonging to known pagans and heretics were to be appropriated by the churches.Constitutiones Sirmondianae 12.Theodosian Code 16.5.43
Arcadius died in 408 and his eight-year-old son, Theodosius II was thereupon proclaimed emperor in the East. In the same year, Honorius enacted a law that prohibited anyone who was not Catholic from performing imperial service within the palace.Theodosian Code 16.5.42 Zosimus reports that Honorius was forced to repeal this law after one of his best officers, who was a pagan, resigned in protest.Zosimus 5.46 At the beginning of the year 409, Honorius enacted a law that punished judges and officials who did not enforce the laws against the pagans.Theodosian Code 16.5.46 This law even punished men of rank who simply kept silent over any pagan rite performed in their own city or district.
Sack of Rome by Alaric I, 410 The hopes of the pagans were revived with the elevation of Priscus Attalus, at Rome, in the year 409. Alaric I, however, soon tired of his puppet and Attalus was deposed in the summer of 410 when Honorius promised to negotiate a peace treaty.
When these negotiations failed, Alaric took and sacked the city of Rome. This catastrophe shocked the entire Roman world. Coming so soon after the proscription of the old religion, pagans began to blame Christianity and the neglect of the traditional rites for something that had hitherto been thought impossible. In this heated atmosphere, Honorius once again reiterated his anti-pagan legislation.Theodosian Code 16.5.51
The attack on pagan literature Augustine's City of God is an answer to the charges that Christianity and its persecution on paganism was responsible for the precedently unimaginable Sack of Rome.Dodds, Marcus (1890) Preface to The City of God, WM. B. Eerdmans Publishing Company Little of this class of literature written from a pagan perspective has survived, which was due to Christians who destroyed these political works they considered to be contrary to their religious beliefs, and threatened copyists with the cutting of their hands.MacMullen, Ramsay (1986) Christianity & Paganism in the Fourth to Eighth Centuries, Yale University Press, p.4 quote: "non Christian writings came in for this same treatment, that is destruction in great bonfires at the center of the town square. Copyists were discouraged from replacing them by the threat of having their hands cut off The transmission path of all such literature has been described as a "differentially permeable membrane" that "allowed the writings of Christianity to pass through but not of Christianity's enemies." "Our sole copy of the sole work about political good sense by the person arguably best able to deliver it to us from classical antiquity, Cicero," writes Ramsay MacMullen, "was sponged out from the vellum to make room for the hundredth copy of Augustine's meditation on the psalms."MacMullen, Ramsay (1997) Christianity & Paganism in the Fourth to Eighth Centuries, Viking and Compass. p. 4.
The only fragments of Julian's "Against the Galileans" that have survived Christian censorship appear in a refutation by Bishop Cyril of Alexandria.Kirsch, R. (1997) God Against the Gods, p.279, Viking and Compass By the time Augustine had published the early books that comprised "The City of God" he describes how pagan authors in North Africa felt it too dangerous to publish their refutations and Augustine writes nothing to reassure them about this threat.Augustine of Hippo, "The City of God", Book 5, chapter 26. There are numerous fragments extant of several pagan historical works, such as the works of Eunapius and Olympiodorus, which indicate that pagans were openly voicing their resentment in writing.
More anti-pagan laws since 415 Some pagans would appear to have continued to practice their faith when circumstances permitted, as the emperors continued issuing laws. In the year 415, Honorius enacted yet another law that appropriated the pagan temples, even though they were no longer used for their intended purpose, and ordered that all objects that had been consecrated for pagan sacrifices in the past were to be removed from public places.Theodosian Code 16.10.20