Judges, among the Romans, as has been just now mentioned, used a great variety of instruments for inflicting the punishment of whipping. Some consisted of a flat strap of leather, and were called _Ferulæ_; and to be lashed with these _Ferulæ_, was considered as the mildest degree of punishment. Others were made of a number of cords of twisted parchment, and were called _Scuticæ_. These _Scuticæ_ were considered as being a degree higher in point of severity than the _ferulæ_, but were much inferior, in that respect, to that kind of scourge which was called _Flagellum_, and sometimes _the terrible Flagellum_, which was made of thongs of ox-leather, the same as those which Carmen used for their Horses. We find in the third Satyr of the first Book of _Horace_, a clear and pretty singular account of the gradation in point of severity that obtained between the above-mentioned instruments of whipping. In this Satyr, Horace lays down the rules which he thinks a Judge ought to follow in the discharge of his office; and he addressed himself, somewhat ironically, to certain persons who, adopting the principles of the Stoics, affected much severity in their opinions, and pretended that all crimes whatever being equal, ought to be punished in the same manner. ‘Make such a rule of conduct to yourself (says Horace) that you may always proportion the chastisement you inflict to the magnitude of the offence; and when the Offender only deserves to be chastised with the whip of twisted parchment, do not expose him to the lash of the horrid leather scourge; for, that you should only inflict the punishment of the flat strap on him who deserves a more severe lashing, is what I am by no means afraid of[17].’ The choice between these different kinds of instruments, was, as we may conclude from the above passage, left to the Judge, who ordered that to be used which he was pleased to name; and the number of blows was likewise left to his discretion; which sometimes were as many as the Executioner could give. ‘He (says Horace in one of his Odes) who has been lashed by order of the Triumvirs, till the Executioner was spent[18].’ Besides this extensive power of whipping exercised by Judges among the Romans, over persons of a servile condition, over Aliens, and those who were the subjects of the Republic, Masters were possessed of an unbounded one with regard to their Slaves, over whose life and death they had moreover an absolute power. Hence a great number of instruments of flagellation, besides those above-mentioned, were successively brought into use for punishing Slaves. Among those were particular kinds of cords manufactured in Spain, as we learn from a passage in an Ode of Horace, the same that has just been quoted, and was addressed to one _Menas_, a freed-man, who had found means to acquire a great fortune, and was grown very insolent. ‘Thou (says Horace) whose sides are still discoloured (or burnt) with the stripes of the Spanish cords[19].’