Beacon Lights of History, Volume 03: Ancient AchievementsLord, John
History
Beacon Lights of History, Volume 03: Ancient Achievements
Lord, John
History
But there were also crimes against individuals, which were punished with
the death penalty. Wilful murder, poisoning, and parricide were
capitally punished. Adultery was punished by banishment, besides a
forfeiture of considerable property; Constantine made it a capital
offence. Rape was punished with death and confiscation of goods, as in
England till a late period, when transportation for life became the
penalty. The punishments inflicted for forgery, coining base money, and
perjury were arbitrary. Robbery, theft, patrimonial damage, and injury
to person and property were private trespasses, and not punished by the
State. After a lapse of twenty years without accusation, crimes were
supposed to be extinguished. The Cornelian, Pompeian, and Julian laws
formed the foundation of criminal jurisprudence. This however never
attained the perfection that was seen in the Civil Code, in which the
full maturity of Roman wisdom was reached. The emperors greatly
increased the severity of punishments, as was probably necessary in a
corrupt state of society. After the decemviral laws fell into disuse,
the Romans in the days of the republic passed from extreme rigor to
great lenity, as is observable in the transition from the Puritan régime
to our own times in the United States. Capital punishment for several
centuries was exceedingly rare, and was frequently prevented by
voluntary exile. Under the empire, again, public executions were
frequent and revolting.
Fines were a common mode of punishment with the Romans, as with the
early Germans. Imprisonment in a public jail was rare, the custom of
bail being in general use. Although retaliation was authorized by the
Twelve Tables for bodily injuries, it was seldom exacted, since
pecuniary compensation was taken in lieu. Corporal punishments were
inflicted upon slaves, but rarely upon citizens, except for military
crimes; but Roman citizens could be sold into slavery for various
offences, chiefly military, and criminals were often condemned to labor
in the mines or upon public works. Banishment was common,--_aquae et
ignis interdictio_; and this was equivalent to the deprivation of the
necessities of life and incapacitating a person from exercising the
rights of citizenship. Under the emperors persons were confined often on
the rocky islands off the coast, or in a compulsory residence in a
particular place assigned. Thus Chrysostom was sent to a dreary place on
the banks of the Euxine, and Ovid was banished to Tomi. Death, when
inflicted, was by hanging, scourging, and beheading; also by strangling
in prison. Slaves were often crucified, and were compelled to carry
their cross to the place of execution. This was the most ignominious and
lingering of all deaths; it was abolished by Constantine, from reverence
to the sacred symbol. Under the emperors, execution took place also by
burning alive and exposure to wild beasts; it was thus the early
Christians were tormented, since their offence was associated with
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