This was the common law of the land in Imperial Rome; and the most remarkable thing about it is this, that, except in times of civil war and great public commotion, it protected the tombs, not only of the rich and noble, but of those whom the law despised or even execrated, such as slaves and criminals. It was specially enacted that the bodies of public malefactors, who had suffered death at the hands of the executioner, were to be given up on the petition of their friends, to be buried where they pleased; and when once this had been done, the tomb fell under the guardianship of the Pontifices as effectually as any other tomb. Of course, there was occasionally exceptional legislation on this subject, as, for instance, with reference to some of the Christian martyrs; but these exceptions were rare, and prompted by special reasons; they do not invalidate the general truth of the statements which have been made, nor of the conclusion which may legitimately be drawn from them; viz., that at the very time when the Roman law was most severe against Christianity as a religion, aiming at nothing short of its extinction, this same law would, nevertheless, have extended its protection to Christian cemeteries, if there were any. And how should there not have been? For Christians died like other folk, and had need to be buried; and what was to hinder some wealthy “brother” from giving up some portion of a field of his, in as public a situation as he pleased—indeed, the nearer to the high road, the more closely would it be in accordance with the practice of his Pagan neighbours—and allowing his Christian brethren to be buried there? He might confine the use of it, if he would, to members of his own family, or he might make it common to all the faithful, or he might fix whatever other limits he pleased to its use. He might also build on the ground some house or chamber, or conspicuous monument; he might assign as much land as he chose all round it for its support; and underneath this house and land the work of excavation might proceed without let or hindrance; there was no need of concealment, and there is no proof that at the first commencement of the Church any concealment was attempted.