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

treason. Persons of distinction were treated with more favor than the

lower classes, and their punishments were less cruel and ignominious;

thus Seneca, condemned for privity to treason, was allowed to choose his

mode of death. The criminal laws of modern European States followed too

often the barbarous custom of the Roman emperors until a recent date.

Since the French Revolution the severity of the penal codes has been

much modified.

The penal statutes of Rome however, as Gibbon emphatically remarks,

"formed a very small portion of the Code and the Pandects; and in all

judicial proceedings the life or death of the citizen was determined

with less caution and delay than the most ordinary question of covenant

or inheritance." This was owing to the complicated relations of society,

by which obligations are created or annulled, while duties to the State

are explicit and well known, being inscribed not only on tables of

brass, but on the conscience itself. It was natural, with the growth and

development of commerce and dominion, that questions should arise which

could not be ordinarily settled by ancient customs, and the practice of

lawyers and the decisions of judges continually raised new difficulties,

to be met only by new edicts. It is a pleasing fact to record, that

jurisprudence became more just and enlightened as it became more

intricate. The principles of equity were more regarded under the

emperors than in the time of Cato. It is in the application of these

principles that the laws of the Romans have obtained so high

consideration; their abuse consisted in the expense of litigation, and

the advantages which the rich thus obtained over the poor.

But if delays and forms led to an expensive and vexatious administration

of justice, these were more than compensated by the checks which a

complicated jurisprudence gave to hasty or partial decisions. It was in

the minuteness and precision of the forms of law, and in the foresight

with which questions were anticipated in the various transactions of

business, that the Romans in their civil and social relations were very

much on a level with modern times. It would be difficult to find in the

most enlightened of modern codes greater wisdom and foresight than

appear in the legacy of Justinian as to all questions pertaining to the

nature, the acquisition, the possession, the use, and the transfer of

property. Civil obligations are most admirably defined, and all

contracts are determined by the wisest application of the natural

principles of justice. Nothing can be more enlightened than the laws

which relate to leases, to sales, to partnerships, to damages, to

pledges, to hiring of work, and to quasi-contracts. The laws pertaining

to the succession to property, to the duties of guardians, to the rights

of wards, to legacies, to bequests in trust, and to the general

limitation of testamentary powers were singularly clear. The regulations

in reference to intestate succession, and to the division of property

among males and females, were wise and just; we find no laws of entail,

no unequal rights, no absurd distinction between brothers, no peculiar

privileges given to males over females, or to older sons. Particularly

was everything pertaining to property and contracts and wills guarded

with the most jealous care. A man was sure of possessing his own, and of

transmitting it to his children. In the Institutes of Justinian we see

on every page a regard to the principles of natural justice: but

moreover we find that malicious witnesses should be punished; that

corrupt judges should be visited with severe penalties; that libels and

satires should subject their authors to severe chastisement; that every

culprit should be considered innocent until his guilt was proved.

No infringement on personal rights could be tolerated. A citizen was

free to go where he pleased, to do whatsoever he would, if he did not

trespass on the rights of another; to seek his pleasure unobstructed,

and pursue his business without vexatious incumbrances. If he was

injured or cheated, he was sure of redress; nor could he be easily

defrauded with the sanction of the laws. A rigorous police guarded his

person, his house, and his property; he was supreme and uncontrolled

within his family. This security to property and life and personal

rights was guaranteed by the greatest tyrants. Although political

liberty was dead, the fullest personal liberty was enjoyed under the

emperors, and it was under their sanction that jurisprudence in some of

the most important departments of life reached perfection. If injustice

was suffered it was not on account of the laws, but owing to the

depravity of men, the venality of the rich, and the tricks of lawyers;

the laws were wise and equal. The civil jurisprudence of the Romans

could be copied with safety by the most enlightened of European States;

indeed, it is already the foundation of their civil codes, especially in

France and Germany.

That there were some features in the Roman laws which we in these

Christian times cannot indorse, and which we reprehend, cannot be

denied. Under the republic there was not sufficient limit to paternal

power, and the _pater familias_ was necessarily a tyrant. It was unjust

that the father should control the property of his son, and cruel that

he was allowed an absolute control not only over his children, but also

his wife. Yet the limits of paternal power were more and more curtailed,

so that under the later emperors fathers were not allowed to have more

authority than was perhaps expedient.

The recognition of slavery as a domestic institution was another blot,

and slaves could be treated with the grossest cruelty and injustice

without possibility of redress. But here the Romans were not sinners

beyond all other nations, and our modern times have witnessed a

parallel. It was not the existence of slavery, however, which was the

greatest evil, but the facility by which slaves could be made. The laws

pertaining to debt were severe, and were most disgraceful in dooming a

debtor to the absolute power of a creditor. To subject men of the same

race to slavery for trifling debts which they could not discharge, was

the great defect of the Roman laws. But even these cruel regulations

were modified, so that in the corrupt times of the empire there was no

greater practical severity than was common in England as late as one

hundred years ago. The temptations to fraud were enormous in a wicked

state of society, and demanded a severe remedy. It is possible that our

modern laws may show too great leniency to debtors who are not merely

unfortunate, but dishonest. The problem is not yet solved, whether men

should be severely handled who are guilty of reckless and unprincipled

speculations and unscrupulous dealings, or whether they should be

allowed immunity to prosecute their dangerous and disgraceful courses.

Moreover, the penal code of the Romans in reference to breaches of trust

or carelessness or ignorance, by which property was lost or squandered,

may have been too severe, as is still the case in England in reference

to hunting game on another's grounds. It was hard to doom a man to death

who drove away his neighbor's cattle, or even entered in the night his

neighbor's house; but severe penalties alone will keep men from crimes

where there is a low state of virtue and religion, and general

prosperity and contentment become impossible where there is no efficient

protection to property. Society was never more secure and happy in

England than when vagabonds could be arrested, and when petty larcenies

were visited with certain retribution. Every traveller in France and

England feels that in regard to the punishment of crime, those older

countries, restricted as are their political privileges, are in most

questions of secure and comfortable living vastly superior to our own.

The Romans lost under the emperors their political rights, but gained

protection and safety in their relations with society. Where quiet and

industrious citizens feel safe in their homes, are protected from

scoundrels in their dealings, have ample scope for industrial

enterprise, and are free to choose their private pleasures, they resign

themselves to the loss of electing their rulers without great

unhappiness. There are greater evils in the world than the deprivation

of the elective franchise, lofty and glorious as is this privilege. The

arbitrary rule of the emperors was fatal to political aspirations and

rights and the growth of a genuine manhood; yet it is but fair to note

that the evils of political slavery were qualified and set off by the

excellence of the civil code and the privileges of social freedom.

The great practical evil connected with Roman jurisprudence was the

intricacy and perplexity and uncertainty of the laws, together with the

expense involved in litigation. The class of lawyers was large, and

their gains were extortionate. Justice was not always to be found on the

side of right. The law was uncertain as well as costly. The most learned

counsel could be employed only by the rich, and even judges were venal,

so that the poor did not easily find adequate redress. But all this is

the necessary attendant on a factitious state of society, and by many is

regarded as being quite as characteristic of modern, civilized Christian

England and America as it was of Pagan Rome. Material civilization leads

to an undue estimate of money; and when money purchases all that

artificial people desire, then all classes will prostitute themselves

for its possession, and justice, dignity, and elevation of sentiment

will be forced to retreat,--as hermits sought a solitude when society

had reached its lowest degradation, out of pure despair of its

renovation.

* * * * *

AUTHORITIES.

The authorities for this chapter are very numerous. Since the Institutes

of Gaius have been recovered, many eminent writers on Roman law have

appeared, especially in Germany and France. Many might be cited, but for

all ordinary purposes of historical study the work of Lord Mackenzie on

Roman Law, together with the articles of George Long in Smith's

Dictionary, will be found most useful. Maine's Treatise on Ancient Law

is exceedingly interesting and valuable. Gibbon's famous chapter should

also be read by every student. There is a fine translation of the

Institutes of Justinian, which is quite accessible, by Dr. Harris of

Oxford. The Code, Pandects, Institutes, and Novels are of course the

original authority, with the long-lost Institutes of Gaius.

In connection with the study of the Roman law, it would be well to read

Sir George Bowyer's Commentaries on the Modern Civil Law. Also Irving,

Introduction to the Study of the Civil Law; Lindley, Introduction to the

Study of Jurisprudence; Wheaton's Elements of International Law; and

Vattel, Le Droit des Gens.

THE FINE ARTS.

ARCHITECTURE, SCULPTURE, PAINTING.

500-430 B.C.

My object in the present lecture is not a criticism of the principles

of art so much as an enumeration of its various forms among the

ancients, to show that in this department of civilization they reached

remarkable perfection, and were not inferior to modern Christian nations.

The first development of art among all the nations of antiquity was in

architecture. The earliest buildings erected were houses to protect

people from heat, cold, and the fury of the elements of Nature. At that

remote period much more attention was given to convenience and practical

utility than to beauty or architectural effect. The earliest houses were

built of wood, and stone was not employed until temples and palaces

arose. Ordinary houses were probably not much better than log-huts and

hovels, until wealth was accumulated by private persons.

The earliest monuments of enduring magnificence were the temples of

powerful priests and the palaces of kings; and in Egypt and Assyria

these appear earliest, as well as most other works showing civilization.

Perhaps the first great monument which arose after the deluge of Noah

was the Tower of Babel, built probably of brick. It was intended to be

very lofty, but of its actual height we know nothing, nor of its style

of architecture. Indeed, we do not know that it was ever advanced beyond

its foundations; yet there are some grounds for supposing that it was

ultimately finished, and became the principal temple of the Chaldaean

metropolis.

From the ruins of ancient monuments we conclude that architecture

received its earliest development in Egypt, and that its effects were

imposing, massive, and grand. It was chiefly directed to the erection of

palaces and temples, the ruins of which attest grandeur and vastness.

They were built of stone, in blocks so huge and heavy that even modern

engineers are at loss to comprehend how they could have been transported

and erected. All the monuments of the Pharaohs are wonders, especially

such as appear in the ruins of Karnak,--a temple formerly designated as

that of Jupiter Ammon. It was in the time of Sesostris, or Rameses the

Great, the first of the Pharaohs of the nineteenth dynasty, that

architecture in Egypt reached its greatest development. Then we find the

rectangular-cut blocks of stone in parallel courses, the heavy pier, the

cylindrical column with its bell-shaped capital, and the bold and

massive rectangular architraves extending from pier to pier and column

to column, surmounted by a deep covered coping or cornice.

The imposing architecture of Egypt was chiefly owing to the impressive

vastness of the public buildings. It was not produced by beauty of

proportion or graceful embellishments; it was designed to awe the

people, and kindle sentiments of wonder and astonishment. So far as this

end was contemplated it was nobly reached; even to this day the

traveller stands in admiring amazement before those monuments that were

old three thousand years ago. No structures have been so enduring as the

Pyramids; no ruins are more extensive and majestic than those of Thebes.

The temple of Karnak and the palace of Rameses the Great were probably

the most imposing ever built by man. This temple was built of blocks of

stone seventy feet in length, on a platform one thousand feet long and

three hundred wide, with pillars sixty feet in height. But this and

other structures did not possess that unity of design which marked the

Grecian temples. Alleys of colossal sphinxes formed the approach. At

Karnak the alley was six thousand feet long, and before the main body

of the edifice stood two obelisks commemorative of the dedication. The

principal structures of Egyptian temples do not follow the straight

line, but begin with pyramidal towers which flank the gateways; then

follow, usually, a court surrounded with colonnades, subordinate

temples, and houses for the priests. A second pylon, or pyramidal tower,

leads to the interior and most considerable part of the temple,--a

portico inclosed with walls, which receives light only through the

entablature or openings in the roof. Adjoining this is the cella of the

temple, without columns, enclosed by several walls, often divided into

various small chambers with monolithic receptacles for idols or mummies

or animals. The columns stand within the walls. The colonnade is not, as

among the Greeks, an expansion of the temple; it is merely the wall with

apertures. The walls, composed of square blocks, are perpendicular only

on the inside, and bevelled externally, so that the thickness at the

bottom sometimes amounts to twenty-four feet; thus the whole building

assumes a pyramidal form, the fundamental principle of Egyptian

architecture. The columns are more slender than the early Doric, are

placed close together, and have bases of circular plinths; the shaft

diminishes upward, and is ornamented with perpendicular or oblique

furrows, but not fluted like Grecian columns. The capitals are of the

bell form, ornamented with all kinds of foliage, and have a narrow but

high abacus. They abound with sculptured decorations, the designs of

which were borrowed from the vegetation of the country. The highest of

the columns of the temple of Luxor is five and a quarter times the

greatest diameter.

But no monuments have ever excited so much curiosity and wonder as the

Pyramids, not in consequence of any particular beauty or ingenuity in

their construction, but because of their immense size and unknown age.

None but sacerdotal monarchs would ever have erected them; none but a

fanatical people would ever have toiled upon them. We do not know for

what purpose they were raised, unless as sepulchres for kings. They are

supposed to have been built at a remote antiquity, between two thousand

and three thousand years before Christ. Lepsius thought that the oldest

of these Pyramids were built more than three thousand years before

Christ. The Pyramid of Cheops, at Memphis, covers a square whose side is

seven hundred and sixty-eight feet, and rises into the air nearly five

hundred feet. It is a solid mass of stone, which has suffered less from

time than the mountains near it. Possibly it stands over an immense

substructure, in which may yet be found the lore of ancient Egypt; it

may even prove to be the famous labyrinth of which Herodotus speaks,

built by the twelve kings of Egypt. According to this author, one

hundred thousand men worked on this monument for forty years.

The palaces of the kings are mere imitations of the temples, their only

difference of architecture being that their rooms are larger and in

greater numbers. Some think that the famous labyrinth was a collective

palace of many rulers.

Of Babylonian architecture we know little beyond what the Hebrew

Scriptures and ancient authors tell us. But though nothing survives of

ancient magnificence, we know that a city whose walls, according to

Herodotus, were eighty-seven feet in thickness, three hundred and

thirty-seven in height, and sixty miles in circumference, and in which

were one hundred gates of brass, must have had considerable

architectural splendor. This account of Babylon, however, is probably

exaggerated, especially as to the height of the walls. The tower of

Belus, the Palace of Nebuchadnezzar, and the Obelisk of Semiramis were

probably wonderful structures, certainly in size, which is one of the

conditions of architectural effect.

The Tyrians must have carried architecture to considerable perfection,

since the Temple of Solomon, one of the most magnificent in the ancient

world, was probably built by artists from Tyre. It was not remarkable

for size,--it was, indeed, very small,--but it had great splendor of

decoration. It was of quadrangular outline, erected upon a solid

platform of stone, and bearing a striking resemblance to the oldest

Greek temples, like those of Aegina and Paestum. The portico of the

Temple as rebuilt by Herod was one hundred and eighty feet high, and the

Temple itself was entered by nine gates, thickly coated with silver and

gold. The inner sanctuary was covered on all sides with plates of gold,

and was dazzling to the eye. The various courts and porticos and palaces

with which it was surrounded gave to it a very imposing effect.

Architectural art in India was not so impressive and grand as in Egypt,

and was directed chiefly to the erection of temples. Nor is it of very

ancient date. There is no stone architecture now remaining in India,

according to Sir James Fergusson, older than two and a half centuries

before Christ; and this is in the form of Buddhist temples, generally

traced to the great Asoka, who reigned from 272 B.C. to 236 B.C., and

who established Buddhism as a state religion. There were doubtless

magnificent buildings before his time, but they were of wood, and have

all perished. We know, however, nothing about them.

The Buddhist temples were generally excavated out of the solid rock, and

only the façades were ornamented. These were not larger than ordinary

modern parochial churches, and do not give the impression of

extraordinary magnificence. Besides these rock-hewn temples in India

there remain many examples of a kind of memorial monument called

_stupas_, or _topes_. The earliest of these are single columns; but the

later and more numerous are in the shape of cones or circular mounds,

resembling domes, rarely exceeding one hundred feet in diameter. Around

the apex of each was a balustrade, or some ornamental work, about six

feet in diameter. These topes remind one of the Pantheon at Rome in

general form, but were of much smaller size. They were built on a stone

basement less than fifty feet in height, above which was the brickwork.

In process of time they came to resemble pyramidal towers rather than

rounded domes, and were profusely ornamented with carvings. The great

peculiarity of all Indian architectural monuments is excessive

ornamentation rather than beauty of proportion or grand effect.

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