Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
The punishment for sin must be some form of expiation. This is the
_piaculum_ adjudged in the monarchy as in Republican times by the head
of religion; and not adjudged arbitrarily, for even by the close of
the monarchical period classes of offences had doubtless been drawn up
by the pontiffs with the equivalent expiation, which was directed to
avert the anger of the gods from the whole community. Apart from the
regularly recurring lustrations at the census—the consequence of the
sense of universal sinfulness in the community—individual misdeeds could
be expiated in this way. Such was a murder that was unintentional or
in which mitigating circumstances were present,[212] and such was the
violation of the chastity of Juno’s person through the touching of
her altar by a _paelex_.[213] In graver cases expiation could only be
accepted where there was no intent,[214] as in the wrong done to a god
by swearing falsely in his name.[215] There was also a class of deadly
sins for which the gods would accept no atonement but the life and the
goods of the sinner himself. Amongst the acts which called forth this
_consecratio capitis_ were the violation of the relations of client and
patron,[216] the ill-treatment of elders by their children,[217] the
pulling up or alteration of boundary stones,[218] the destruction of a
neighbour’s corn by night.[219] The god thus appeased was often the deity
who was held to be specially offended by the act; but sometimes the head
and the goods were not dedicated to the same divinities. The person was
adjudged to Jupiter, the dispenser of life; the landed property to the
gods who nourish the human race, Ceres and Liber.[220] This custom of
consecration gradually ceased to have its literal fulfilment. A man might
still be declared _sacer_, but excommunication had taken the place of
immolation. Such a man was cut off from all divine and, therefore, from
all human help, and his slayer was blood-guiltless.[221] This theory, of
a man being cut off from the community while his life was spared, became
of great importance in the history of Roman criminal law. It survived in
the “interdiction of fire and water” (_aquae et ignis interdictio_), and
familiarised the Romans with the idea that the severest penalty did not
require the sacrifice of life.
Public-domain text, read in full here on John Shaqi.
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