A visit to the Roman catacombsNorthcote, J. Spencer (James Spencer)
History
A visit to the Roman catacombs
Northcote, J. Spencer (James Spencer)
Catacombs -- Italy -- Rome; Church history -- Primitive and early church, ca. 30-600
The motive of these testamentary dispositions is obvious; they were
made in the vain hope that by these means the name and memory of the
deceased might not utterly perish. And the Roman law did all that it
could to secure the realisation of so natural a wish; it fenced every
place of burial round about with divers safeguards, and punished its
violation with the severest penalties. First of all, the burial of a
single corpse (or the deposit of the little urn of ashes if the body had
been burnt) sufficed to impart a sort of religious character to the spot
where these remains had been laid for their last resting-place, provided
the burial had been made with the consent of the owner of the soil.
Henceforth that place no longer belonged to the category of ordinary
landed property, but became subject to new and peculiar laws of its own.
It did not pass by will as part of the inheritance; no prescriptive right
had any power to alienate it; if at any time some undutiful descendant
should secretly obliterate all visible tokens of its use as a place
of burial, and fraudulently effect a sale of the property as though
it were common land, the law would interfere to annul the contract as
soon as it was discovered, no matter after what lapse of time; it would
oblige the purchaser to surrender his purchase, and the vendor or his
heirs to make restitution of the purchase-money, together with interest
at a very high rate; and the money thus forfeited was devoted to some
public use of beneficence. Even this penalty, severe as it is, fell
short of what the law prescribed in the case of those who had themselves
violated a sepulchre. This was accounted so heinous a crime, that it was
punished by banishment or perpetual labour in the mines, according to the
condition in life of the offender; and the acts of violation subject to
this penalty were such as these:—the breaking open of a sepulchre, the
intrusion into it of a stranger’s corpse, _i.e._, of one not belonging to
the family, or not included in the list of those to whom the concession
was made by the original testator, the carrying away of any stone,
pillar, or statue, or even the erasure of an epitaph.
Public-domain text, read in full here on John Shaqi.
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