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.

The pictures of crosses in works of art are misrepresentations, in that

they are too large and too high. The real cross of antiquity was very

little longer than the victim, whose head was near the top, and whose

feet often hung only twelve or fifteen inches from the ground. Pictorial

art is also false because it fails to show the projecting beam from near

the center of the cross upon which the criminal sat. That there was such

a beam is attested by the almost unanimous voice of antiquity.

Crucifixion was conducted, under Roman auspices, by a _carnifex_, or

hangman, assisted by a band of soldiers. At Rome, execution was done

under the supervision of the _Triumviri Capitales_. The duty of the

soldiers was not only to erect the cross and nail the victim to it, but

also to watch him until he was dead. This was a necessary precaution to

prevent friends and relatives from taking the criminal down and from

carrying him away, since he sometimes continued to live upon the cross

during several days. If taken down in time, the suffering man might

easily be resuscitated and restored to health. Josephus tells us that

three victims were ordered to be taken down by Titus at his request, and

that one of them recovered. "In the later persecutions of the

Christians, the guards remained four or six days by the dead, in order

to secure them to the wild beasts and to cut off all possibility of

burial and resurrection; and in Lyons the Christians were not once able

by offers of much gold to obtain the privilege of showing compassion

upon the victims of the pagan popular fury. Sometimes, however,

particularly on festival days, e.g., the birthdays of the emperors, the

corpse was given up to the friends of the deceased, either for money or

without money, although even Augustus could be cruel enough to turn a

deaf ear to the entreaties of the condemned for sepulture."[25]

Roman records tell us that the soldiers frequently hastened death by

breaking the legs of the criminal; at other times, fires were built

about the cross beneath him; and, again, wild beasts were turned loose

upon him.

It was the general custom to allow the body to remain and rot upon the

cross, or to be devoured by wild beasts and birds of prey. "Distracted

relatives and friends saw the birds of prey attack the very faces of

those whom they loved; and piety often took pains to scare away the

birds by day and the beasts by night, or to outwit the guards that

watched the dead."[26]

Sepulture was generally forbidden by law, though there were exceptions

to the rule. At the request of Joseph of Arimathea, Pilate consented

that Jesus should be taken down and buried.[27] A national exception

seems also to have been made in the case of the Jews on account of the

requirements of Deut. xxi. 22, 23.

_Pathology._--The following pathological phases of death by crucifixion

are from a treatise by the celebrated physician, Richter (in John's

"Bibl. Arch."), which have been reproduced in Strong and McClintock's

"Cyclopedia":

"(1) The unnatural position and violent tension of the body, which cause

a painful sensation from the least motion.

"(2) The nails, being driven through parts of the hands and feet which

are full of nerves and tendons (and yet at a distance from the heart)

create the most exquisite anguish.

"(3) The exposure of so many wounds and lacerations brings on

inflammation, which tends to become gangrene, and every movement

increases the poignancy of suffering.

"(4) In the distended parts of the body, more blood flows through the

arteries than can be carried back into the veins: hence too much blood

finds its way from the aorta into the head and stomach, and the blood

vessels of the head become pressed and swollen. The general obstruction

of circulation which ensues causes an intense excitement, exertion, and

anxiety more intolerable than death itself.

"(5) The inexpressible misery of _gradually increasing_ and lingering

anguish.

"(6) Burning and raging thirst.

"Death by crucifixion (physically considered) is, therefore, to be

attributed to the sympathetic fever which is excited by the wounds, and

aggravated by exposure to the weather, privation of water, and the

painfully constrained position of the body. Traumatic fever corresponds,

in intensity and in character, to the local inflammation of the wound,

is characterized by heat, swelling, and great pain, the fever is highly

inflammatory, and the sufferer complains of heat, throbbing headache,

intense thirst, restlessness, and anxiety. As soon as suppuration sets

in, the fever somewhat abates, and partially ceases as suppuration

diminishes and the stage of cicatrization approaches. But if the wound

be prevented from healing and suppuration continues, the fever assumes a

hectic character, and will sooner or later exhaust the powers of life.

When, however, the inflammation of the wound is so intense as to produce

mortification, nervous depression is the immediate consequence; and, if

the cause of this excessive inflammation of the wound still continues,

as is the case in crucifixion, the sufferer rapidly sinks. He is no

longer sensible of pain, but his anxiety and sense of prostration are

excessive; hiccough supervenes, his skin is moistened with a cold clammy

sweat, and death ensues. It is in this manner that death on the cross

must have taken place in an ordinarily healthy constitution."

The intense sufferings and prolonged agony of crucifixion can be best

illustrated by an account of several cases of this form of punishment

taken from history.

From the "Chrestomathia Arabica" of Kosegarten, published in 1828, is

taken the following story of the execution of a Mameluke. The author of

this work gleaned the story from an Arabic manuscript entitled "The

Meadow of Flowers and the Fragrant Odour":

"It is said that he had killed his master for some cause or other, and

he was crucified on the banks of the river Barada under the castle of

Damascus, with his face turned toward the East. His hands, arms, and

feet were nailed, and he remained so from midday on Friday to the same

hour on Sunday, when he died. He was remarkable for his strength and

prowess; he had been engaged with his master in sacred war at Askelon,

where he slew great numbers of the Franks; and when very young he had

killed a lion. Several extraordinary things occurred at his being

nailed, as that he gave himself up without resistance to the cross, and

without complaint stretched out his hands, which were nailed and after

them his feet: he in the meantime looked on, and did not utter a groan,

or change his countenance or move his limbs. I have heard this from one

who witnessed it, and he thus remained till he died, patient and silent,

without wailing, but looking around him to the right and the left upon

the people. But he begged for water, and none was given him, and he

gazed upon it and longed for one drop of it, and he complained of thirst

all the first day, after which he was silent, for God gave him

strength."

Describing the punishments used in Madagascar, Rev. Mr. Ellis says: "In

a few cases of great enormity, a sort of crucifixion has been resorted

to; and, in addition to this, burning or roasting at a slow fire, kept

at some distance from the sufferer, has completed the horrors of this

miserable death.... In the year 1825, a man was condemned to

crucifixion, who had murdered a female for the sake of stealing her

child. He carried the child for sale to the public market, where the

infant was recognized, and the murderer detected. He bore his punishment

in the most hardened manner, avenging himself by all the violence he was

capable of exercising upon those who dragged him to the place of

execution. Not a single groan escaped him during the period he was

nailed to the wood, nor while the cross was fixed upright in the

earth."[28]

More horrible still than punishment by crucifixion was that of

impalement and suspension on a hook. The following description of the

execution, in 1830, at Salonica, of Chaban, a captain of banditti, is

given by Slade: "He was described by those who saw him as a very

fine-looking man, about thirty-five. As a preparatory exercise, he was

suspended by his arms for twelve hours. The following day a hook was

thrust into his side, by which he was suspended to a tree, and there

hung enduring the agony of thirst till the third evening, when death

closed the scene; but before that about an hour the birds, already

considering him their own, had alighted upon his brow to pick his eyes.

During this frightful period he uttered no unmanly complaints, only

repeated several times, 'Had I known that I was to suffer this infernal

death, I would never have done what I have. From the moment I led the

klephte's life I had death before my eyes, and was prepared to meet it,

but I expected to die as my predecessors, by decapitation.'"[29]

_The Cross._--The instrument of crucifixion, called the Cross, was

variously formed. Lipsius and Gretser have employed a twofold

classification: the _crux simplex_, and the _crux composita_ or

_compacta_. A single upright stake was distinguished as a _crux

simplex_. The _crux composita_, the compound or actual cross, was

subject to the following modifications of form: _Crux immissa_, formed

as in the Figure [symbol: Cross]; _crux commissa_ thus formed [symbol:

T-cross]; and the _crux decussata_, the cruciform figure, set diagonally

after the manner of the Roman letter X. It is generally thought that

Jesus was crucified upon the _crux immissa_, the "Latin cross."

According to the well-known legend of the "Invention of the Cross," the

actual cross on which Jesus was crucified was discovered in the year 326

A.D. by the Empress Helena, the mother of Constantine the Great. As the

story goes, while visiting Jerusalem and the scenes of the passion, she

was guided to the summit of Calvary by an aged Jew. Here an excavation

was made, and, at a considerable depth, three crosses were found; and,

with them, but lying aside by itself, was the inscription, in Hebrew,

Latin, and Greek, placed above the head of Christ at the time of the

crucifixion. To determine which of the three crosses was the one upon

which Jesus suffered, it was decided, at the suggestion of Macarius,

bishop of Jerusalem, to employ a miracle. The sick were brought and

required to touch the three. According to the legend, the one upon which

the Savior died immediately imparted miraculous healing. A church was at

once built above the excavation and in it was deposited the greater part

of the supposed real cross, and the remainder was sent to Byzantium, and

from there to Rome, where it was placed in the church of Santa Croce in

Gerusalemme, built especially to receive the precious relic. The

genuineness of this relic was afterwards attested by a Bull of Pope

Alexander III.

In connection with the legend of the discovery of the actual cross upon

which Christ was crucified, goes a secondary story that the nails used

at the crucifixion were also found at the same time and place. Later

tradition declared that one of these was thrown by Helena into the

Adriatic when swept by a terrific storm, and that this was followed by

an instantaneous calm.

The popular impression among Christians that the cross is exclusively a

Christian religious symbol, seems to be without historical foundation.

It is quite certain, indeed, that it was a religious emblem among

several ancient races before the beginning of the Christian era.

The ancient Egyptians adored the cross with the most holy veneration;

and this sacred emblem was carved upon many of their monuments. Several

of these monuments may be seen to-day in the British Museum.[30] A cross

upon a Calvary may also be seen upon the breast of one of the Egyptian

mummies in the Museum of the London University.[31] The ancient

Egyptians were accustomed to putting a cross on their sacred cakes, just

as the Christians of to-day do, on Good Friday.[32]

The cross was also adored by the ancient Greeks and Romans, long before

the crucifixion of Christ. Greek crosses of equal arms adorn the tomb of

Midas, the ancient Phrygian king.[33] One of the early Christian

Fathers, Minucius Felix, in a heated controversy with the pagan Romans,

charged them with adoration of the cross. "As for adoration of the

cross," said he to the Romans, "which you object against us, I must tell

you that we neither adore crosses nor desire them. You it is, ye Pagans,

who worship wooden gods, who are the most likely people to adore wooden

crosses, as being part of the same substance with your deities. For what

else are your ensigns, flags, and standards, but crosses, gilt and

beautiful? Your victorious trophies _not only represent a cross, but a

cross with a man upon it_."[34]

It also seems that, at a time antedating the early Romans, Etruscans and

Sabines, a primitive race inhabited the plains of Northern Italy, "to

whom the cross was a religious symbol, the sign beneath which they laid

their dead to rest; a people of whom history tells nothing, knowing not

their name; but of whom antiquarian research has learned this, that they

lived in ignorance of the arts of civilization, that they dwelt in

villages built on platforms over lakes, and that they trusted to the

cross to guard, and maybe to revive, their loved ones whom they

committed to the dust."

The cross was also a sacred symbol among the ancient Scandinavians. "It

occurs," says Mr. R. P. Knight, "on many Runic monuments found in Sweden

and Denmark, which are of an age long anterior to the approach of

Christianity to those countries, and, probably, to its appearance in the

world."[35]

When the Spanish missionaries first set foot on the soil of Mexico, they

were amazed to find that the Aztecs worshiped the cross as an object of

supreme veneration. They found it suspended as a sacred symbol and an

august emblem from the walls of all the Aztec temples.[36] When they

penetrated farther south and entered Peru, they found that the Incas

adored a cross made out of a single piece of jasper.[37] "It appears,"

says "Chambers's Encyclopedia," "that the sign of the cross was in use

as an emblem having certain religious and mystic meanings attached to

it, long before the Christian era; and the Spanish conquerors were

astonished to find it an object of religious veneration among the

nations of Central and South America."[38]

That the ancient Mexicans should have worshiped the cross and also a

crucified Savior, called Quetzalcoatle,[39] is one of the strangest

phenomena of sacred history. It is a puzzle which the most eminent

theologians have found it impossible to solve. They have generally

contented themselves with declaring the whole thing a myth built upon

primitive superstition and ignorance. This worship of the cross and

Quetzalcoatle was going on before Columbus discovered America, and it

seems impossible to establish any historical or geographical connection

between it and the Christian worship of the cross and the crucified

Jesus.

Several writers of eminence have contended that the widespread adoration

of the cross, as a sacred symbol, among so many races of mankind,

ancient and modern, proves a universal spiritual impulse, culminating in

the crucifixion of Jesus as the common Savior of the world. "It is more

than a coincidence," says the Rev. S. Baring-Gould, "that Osiris by the

cross should give life eternal to the spirits of the just; that with the

cross Thor should smite the head of the great Serpent, and bring to life

those who were slain; that beneath the cross the Muysca mothers should

lay their babes, trusting to that sign to secure them from the power of

evil spirits; that with that symbol to protect them, the ancient people

of Northern Italy should lay them down in the dust."[40]

But it is not with the mythical crucifixions of mythical gods that we

have to deal. The real, historical death of Jesus upon the cross with

its accompanying incidents of outrageous illegality is the purpose of

this treatise; and to the accomplishment of that design we now return.

The Trial of Jesus from a Lawyer's Standpoint, Vol. 2 (of 2) The Roman Trial · 第 5 / 14 章