Letter 56

Edict on Funerals. After careful deliberation, I have decided to restore an ancient custom and confirm it by law. The ancients, who made wise laws, believed there is the greatest possible difference between life and death, and that each state has customs uniquely appropriate to it. Death is unbroken rest — the "brazen sleep" the poets sing of — while life brings both pains and pleasures. Therefore: funeral processions must take place at night, not during the day. The dead must not be paraded through the streets in daylight, disturbing the living and polluting the sacred hours of the sun with the sight of corpses. This was the ancient practice, and it was right. Furthermore, the lamentations and dirges that accompany the dead must not be performed in public places, but only at the place of burial. The sun sees all things while he shines — let him not be forced to witness what belongs to darkness. [This edict reflects Julian's deep piety toward the sun god Helios-Mithras and his determination to restore what he believed were the proper religious customs of antiquity.]

Edict on Funerals 2 [363, February 12. Antioch] It was my duty, after considering with myself, to restore the ancient custom which I have now decided to confirm by a law. For when they considered the matter, the men of old, who made wise laws, believed that there is the greatest possible difference between life and death and thought that each of these two states has customs and practices peculiarly appropriate to it. For they thought that death is an unbroken rest, —and this is surely that "brazen sleep" of which the poets sing,3—but that life, on the contrary, brings many pains and many pleasures, and now adversity, now greater prosperity. Considering thus, they enjoined that expiations connected with the departed should be conducted apart, and that apart from them the daily business of life should be carried on. Moreover, they held that the gods are the beginning and end of all things, and believed that while we live we are subject to the gods, and when we depart from this life we travel back to the gods. But perhaps it is not right to speak openly about these matters or to divulge whether both are in the hands of the same gods or one set of gods has charge of the living and another set the dead. However, if, as the Sun is the cause of day and night and winter and summer by his departure and arrival, so also the most venerable one of the gods themselves, unto whom are all things and from whom all things proceed, has appointed rulers over the living and allotted lords over the dead, then we ought to assign to both of these classes in turn what is fitting for them, and to imitate in our daily life the orderly arrangement of the gods in things which exist. As I have said, death is rest; and night harmonises with rest. Therefore I think it is fitting that business connected with the burials of the dead should be performed at night, since for many reasons we ought to forbid anything of the sort to go on by day. Throughout the city men are going to and fro each on his own business, and all the streets are full of men going to the lawcourts, or to or from the market, or sitting at work at their crafts, or visiting the temples to confirm the good hopes that the gods have vouchsafed. And then some persons or other, having laid a corpse on the bier, push their way into the midst of those who are busy about such matters. The thing is in every way intolerable. For those who meet the funeral are often filled with disgust, some because they regard it as an evil omen, while for others who are on the way to the temples it is not permitted to approach for worship till they have cleansed themselves from the pollution. For after such a sight it is not permitted to approach the gods who are the cause of life and of all things least akin to decay. And I have still to mention what is worse than this. And what is that? The sacred precincts and temples of the gods lie open; and it often happens that in one of them someone is sacrificing or pouring libations or praying, at the moment when men carrying a corpse are passing close by the temple itself, and the voice of lamentations and speech of ill omen is carried even to the altars. Do you not understand that the functions belonging to the day and the night have been separated more than all other things? With good reason, therefore, has burial been taken out of the day and would be reserved for the night. For it is not right to deprecate the wearing of white for mourning and yet to bury the dead in the daytime and sunlight. The former was better, at least if it was not offensive to any of the gods, but the latter cannot escape being an act of impiety towards all the gods. For thereby men wrongly assign burial to the Olympian gods and wrongly alienate it from the gods of the underworld, or whatever else the guardians and lords of souls prefer to be called. And I know that those who are thoroughly versed and punctilious in sacred rites think it right to perform at night the ritual to the gods below or in any case not till after the tenth hour of the day. But if this is the better time for the worship of these gods, we will certainly not assign another time for the service of the dead. What I have said suffices for those who are willing to obey. For now that they have learned what errors they used to commit, let them change to the better way. But if there be any man of such a character that he needs threat and penalty, let him know that he will incur the severest punishment if, before the tenth hour of the day, he shall venture to perform the offices for the corpse of any dead person and to carry it through the city. But let these things be done at sunset and before sunrise, and let the pure day be consecrated for pure deeds and the pure gods of Olympus. 2 This is probably the earlier form of the Latin Edict in Codex Theodosianus 9. 17. 5 dated February 12th, 363. It is not clear whether it was aimed at the Christians, but of course they had to observe it. They buried their dead by day, and did not share the pagan fear of pollution by a corpse, for which cf. Eunapius, Life of Iamblichus, p. 367, Wright. Julian desired to suppress the Christian demonstrations at public funerals such as that of the bones of St. Babylas, at Antioch, for which see Philostorgius 7. 8, Sozomen 5. 19, Julian, Misopogon 361B, note, p. 485, Wright. 3 Iliad 11. 241; Vergil, Aeneid 10. 745 ferreus Somnus.