It was noticeable that nothing had been said about the punishing of Æmilius. Even the god, as interpreted by the priestess, had made no demand that he should be dealt with; in fact, had not mentioned him. The duumvir perfectly understood this reticence. Æmilius Lentulus belonged to a good family in the upper town, and to that most powerful and dreaded of all professions—the law. Even the divine founder shrank from attacking a member of the long robe, and a citizen of the upper town.

When Baudillas appeared in court, the magistrate demanded an explanation of the fact of the broken head being found in his house, and further asked of him where Perpetua was concealed.

Baudillas would offer no explanation on the first head; he could not do so without incriminating his brother in the ministry. He denied that he had committed the act of violence, but not that he knew who had perpetrated the outrage. As to where Perpetua was, that he could not say, because he did not know. His profession of ignorance was not believed. He was threatened with torture, but in [pg 160]vain. Thereupon the duumvir sentenced him to be committed to the robur, and consigned to the lowest depth thereof, there to remain till such time as he chose to reveal the required information.

Then Petronius Atacinus turned and looked at the flamen with a smile, and the latter responded with a well-satisfied nod.

A Roman prison consisted of several parts, and the degree of severity exercised was marked by the portion of the carcer to which the prisoner was consigned. Roman law knew nothing of imprisonment for a term as a punishment. The carcer was employed either as a place for temporary detention till trial, or else it was one for execution.

The most tolerable portion of the jail consisted of the outer court, with its cells, and a hall for shelter in cold and wet weather. This was in fact the common atrium on an enlarged scale and without its luxuries. But there was another part of the prison entitled the robur, after the Tullian prison at Rome. This consisted of one large vaulted chamber devoid of window, accessible only by the door, through the interstices of which alone light and air could enter. It derived its name from oak beams planted against the walls, to which were attached [pg 161]chains, by means of which prisoners were fastened to them. In the center of the floor was a round hole, with or without a low breastwork, and this hole communicated with an abyss sometimes given the Greek name of barathrum, with conical dome, the opening being in the center. This pit was deep in mire. Into it flowed the sewage of the prison, and the outfall was secured by a grating.[7] The title of barathrum sometimes accorded to this lower portion of the dungeon was derived from a swamp near Athens, in which certain malefactors were smothered.

When Jeremiah was accused before King Zedekiah of inciting the people to come to terms with the Chaldeans, he was put into such a place as this.

“Then took they Jeremiah, and cast him into the dungeon of Malchiah, that was in the court of the prison, and they let down Jeremiah with cords. And in the dungeon there was no water, but mire; so Jeremiah sunk in the mire.”

When Paul and Silas were at Philippi, they were imprisoned in the superior portion of the robur, [pg 162]where were the stocks, whereas the other prisoners were in the outer portion, that was more comfortable, and where they had some freedom of movement.

Baudillas turned gray with horror at the thought of being consigned to the awful abyss. His courage failed him and he lost power in his knees, so that he was unable to sustain himself, and the jailer’s assistants were constrained to carry him.