CHAPTER V
ROMAN FORMS OF PUNISHMENT
ACCORDING to Gibbon, the laws of the Twelve Tables, like the statutes of Draco, were written in blood. These famous decrees sanctioned the frightful principle of the lex talionis; and prescribed for numerous crimes many horrible forms of punishment. The hurling from the Tarpeian Rock was mild in comparison with other modes of execution. The traitor to his country had his hands tied behind his back, his head shrouded in a veil, was then scourged by a lictor, and was afterwards crucified, in the midst of the Forum by being nailed to the arbor infelix. A malicious incendiary, on a principle of retaliation, was delivered to the flames. He was burned to death by being wrapped in a garment covered with pitch which was then set on fire.[22] A parricide was cast into the Tiber or the sea, inclosed in a sack, to which a cock, a viper, a dog, and a monkey had been successively added as fit companions in death.[23]
But the development of Roman jurisprudence and the growth of Roman civilization witnessed a gradual diminution in the severity of penal sanctions, in the case of free citizens, until voluntary exile was the worst punishment to which a wearer of the toga was compelled to submit. The Porcian and Valerian laws prohibited the magistrates from putting any Roman citizen to death. The principle underlying these laws was the offspring of a proud and patriotic sentiment which exempted the masters of the world from the extreme penalties reserved for barbarians and slaves. Greenidge, interpreting Cicero, very elegantly expresses this sentiment: "It is a facinus to put a Roman citizen in bonds, a scelus to scourge him, prope parricidium to put him to death."
The subject of this volume limits the discussion in this chapter to a single Roman punishment: Crucifixion. Around this word gather the most frightful memories and, at the same time, the sweetest and sublimest hopes of the human race. A thorough appreciation of the trial of Jesus, it is felt, renders necessary a comparatively exhaustive treatment of the punishment in which all the horrors and illegalities of the proceedings against Him culminated.
History.—Tradition attributes the origin of crucifixion, the most frightful and inhuman form of punishment ever known, to a woman, Semiramis, Queen of Assyria. We are reminded by this that quartering, drawing at a horse's tail, breaking on the wheel, burning and torture with pincers, were provisions in a codex bearing the name of a woman: Maria Theresa.[24]
Crucifixion was practiced by the ancient Egyptians, Carthaginians, Persians, Germans, Assyrians, Greeks, and Romans. The Romans employed this form of punishment on a colossal scale. The Roman general Varus crucified 2,000 Jews in one day at the gates of Jerusalem. The close of the war with Spartacus, the gladiator, witnessed the crucifixion of 10,000 slaves between Capua and Rome.
Crucifixion, as a form of punishment, was unknown to the ancient Hebrews. The penalty of death was enforced among them by burning, strangling, decapitation, and stoning. The "hanging" of criminals "on a tree," mentioned in Deut. xxi. 22, was a posthumous indignity offered the body of the criminal after death by stoning, and struck horror to the soul of every pious Israelite who beheld it. Among the Romans also degradation was a part of the infliction, since crucifixion was peculiarly a supplicium servile. Only the vilest criminals, among free men, such as were guilty of robbery, piracy, assassination, perjury, sedition, treason, and desertion from the army, met death in this way. The jus civitatis protected Roman citizens against this punishment.
Mode of Crucifixion.—A sentence of death having been pronounced by a Roman magistrate or tribunal, scourging became a preliminary to execution. This was done with the terrible flagellum into which the soldiers frequently stuck nails, pieces of bone, and other hard substances to heighten the pain which was often so intense as to produce death. The victim was generally bound to a column to be scourged. It was claimed by Jerome, Prudentius, Gregory of Tours, and others that they had seen the one to which Jesus was bound before His scourging began. After the flagellation, the prisoner was conducted to the place of execution. This was outside the city, often in some public road, or other conspicuous place like the Campus Martius at Rome. The criminal was compelled to carry his own cross; and when he had arrived at the place of crucifixion, he was compelled to watch the preparations for his torture. Before his eyes and in his presence, the cross was driven into the ground; and, after having been stripped naked, he was lifted upon and nailed to it. It sometimes happened that he was stretched upon it first and then lifted with it from the ground. The former method was the more common, however, as it was desired to strike terror into the victim by the sight of the erection of the cross. The body was fastened to the cross by nails driven into the hands and sometimes into the feet; more frequently, however, the feet were merely bound by cords.