06-02-2010, 06:14 PM
On possible source of evidence on this would be the more reputable records of the Christian persecutions under Decius and Diocletian, during which a number of 'house churches' and private residences appear to have been searched and books and religious items seized. The trial ('Proceedings before Zenophilius') recorded by Optatus of Milevis in his 'Against the Donatists' provides a detailed but frustratingly opaque account. Munatius Felix, Curator (city governor) and Perpetual Flamen of the city of Cirta in North Africa (under Diocletian in 303AD) visits various Christian houses, apparently with his entourage. Interestingly, in each case rather than entering the property immediately he instead calls for various banned items to be produced by the occupants -
These 'public officers' (servo publico) seem to be the only servants available to the Curator - quite what their exact rank or function might be is unclear. But it does seem that Felix is unwilling or unable to send his men in to search the houses until after the occupants have voluntarily surrendered items - in the case of those who claim to possess no contraband, no search is made. In one case, there is direct mention of a 'public official' being sent into a house:
The last quote implies that Bos' search was not very thorough - certainly not a turning-things-inside-out affair, more of a glance around by the official eye. In all these cases, the onus is on the accused to produce the wanted items, not the state officials to find them. Presumably, if it later transpired that things had been hidden from official search, or not produced when requested, penalties could be severe.
The whole 'Proceedings before Zenophilius' is here
I think in general, however, the powers of the state in the later empire were considerably greater with regard to private property. Consider the ability of the frumentarii under the principiate to open people's mail, for example: the powers of the later agens in rebus would be similar if not greater. Whether the 'notaries' mentioned in the trial above were actually members of the imperial notarii seems unlikely for a provincial city, but these latter would possibly also be available at more exalted levels for investigations of this sort.
- Nathan
Quote:'When they came to the house in which the Christians were accustomed to assemble, Felix the flamen and guardian of the state said to Paul the Bishop:
"Bring out the Scriptures of the Law, and anything else that you may have here, as has been commanded, that you may obey the order."
'Paul the Bishop said:
"The lectors have the Scriptures. But we surrender what we have here."
'Felix the perpetual flamen and guardian of the state said to Paul the Bishop:
"Show us the lectors or send to them."
'Paul the Bishop said:
"You all know them."
'Felix the perpetual flamen and guardian of the state said:
"We do not know them."
'Paul the Bishop said:
"The public officers know them----that is Edusius and Junius, the notaries."
'Felix the perpetual flamen and guardian of the state said:
"Let the matter of the lectors stand over. They will be pointed out by the public officers. Do you surrender what you have."
These 'public officers' (servo publico) seem to be the only servants available to the Curator - quite what their exact rank or function might be is unclear. But it does seem that Felix is unwilling or unable to send his men in to search the houses until after the occupants have voluntarily surrendered items - in the case of those who claim to possess no contraband, no search is made. In one case, there is direct mention of a 'public official' being sent into a house:
Quote:'And when they came to the house of Coddeo, his wife brought forth six codices.
'Felix the perpetual flamen and guardian of the state then said:
"Look and see whether you have not got more. Bring them forth."
'The woman said: "I have no more."
'Felix the perpetual flamen and guardian of the state said to Bos the public official:
"Go in and search whether she has not any more."
'The public official said:
"I have searched and have not found anything else."
'Felix the perpetual flamen and guardian of the state said to Victorinus, Silvanus and Carosus:
"If anything has been kept back, the danger is yours."
The last quote implies that Bos' search was not very thorough - certainly not a turning-things-inside-out affair, more of a glance around by the official eye. In all these cases, the onus is on the accused to produce the wanted items, not the state officials to find them. Presumably, if it later transpired that things had been hidden from official search, or not produced when requested, penalties could be severe.
The whole 'Proceedings before Zenophilius' is here
I think in general, however, the powers of the state in the later empire were considerably greater with regard to private property. Consider the ability of the frumentarii under the principiate to open people's mail, for example: the powers of the later agens in rebus would be similar if not greater. Whether the 'notaries' mentioned in the trial above were actually members of the imperial notarii seems unlikely for a provincial city, but these latter would possibly also be available at more exalted levels for investigations of this sort.
- Nathan
Nathan Ross
