1 Earliest Rome

11.7 Regulations about divination
11.7 Regulations about divination
Although divination by Roman state officials was part of the established tradi­
tions of Roman religion (7.1-4), rhere were fears about private divination,
whose predictions might be used to subvert or challenge imperial (or domes­
tic) authority (cf. 7.7). In the imperial period there were attempts to control
private divination (by astrology or sacrifice), and these were continued in the
fourth century by Christian emperors (compare their hostility to magic, 11.2).
At the end of the century, however, the controls were extended: public divina­
tion and all forms of sacrifice were banned (11.13).
See further: Vol. 1, 21-4, 155-6, 231-3, 235-6, 374-5; Mommsen (1899)
861-5; Cramer (1954) 248-81;T. Barton (1994a) 38-52*.
11.7a Control of astrologers and soothsayers (early third century A.D.)
The jurist Ulpian included the control of astrologers, soothsayers and other
types of private diviners in his discussion of the duties of Roman provincial
governors. By his time governors were expected to follow precedents estab­
lished in Rome.
Comparison of Mosaic and Roman Law XV. 2, in FIRA II, pp.579-80
Ulpian, On the Duty of the Proconsul, Book VII, 'On astrologers and soothsayers' 1
:
Furthermore, a ban is put on the cunning deceit and persistent convictions of astrologers.
This ban is not an innovation, but an ancient prohibition. For there is extant a decree of
the senate passed in the consulship of Pomponius and Rufus by which
astrologers, Chaldaeans, 2
prophets and others who undertake similar things are banned
from water and fire and have all their goods confiscated; and if it is a foreigner who does
this, he shall be executed. But there used to be a debate about whether people of this type
should be punished for merely knowing the subject, or only for the practice and
profession of their art. The older authorities claimed that it was the profession, not the
knowledge, that was prohibited; thereafter, opinions varied. One cannot deny that at
times it became customary for them actually to practise their profession and publicly
offer their services. This arose more from the defiance and temerity of the clients and the
practitioners than from the fact that it was legally sanctioned. Indeed, almost all
emperors have very frequently prohibited people from engaging in stupidities of this sort,
and those who have practised it have been punished in various ways, depending of course
on the type of consultation. Those who made a consultation about the well-being of the
emperor have been executed or have received some other severe penalty; the penalty is
lower for those who have consulted about themselves or their family 5
These prohibitions include soothsayers, and they too are also to be punished, since
they sometimes practise their scandalous arts so as to jeopardize public order and the
imperial rule of the Roman people. For there is extant a decree of divusV'ms