EXILIUM

SERVITUS

CAPITAL PUNISHMENTS.

233

tence, were deprived of their dignity, and rendered incapable of enjoying public offices, sometimes also of being witnesses, or of making a testament; hence called INTESTABILES, Digest.

6. EXILIUM [e. solo], banishment. * The word was not used in a judicial sentence, but AQUÆ ET IGNIS INTERDICTIO, forbidding one the use of fire and water, whereby a person was banished from Italy, but might go to any other place he chose. Augustus introduced two new forms of banishment, called DEPORTATIO, perpetual banishment to a certain place [with loss of property]; and RELEGATIO, either a temporary or perpetual banishment of a person to a certain place, without depriving him of his rights and fortunes. [Such was the instance of Marius, Juv. Sat. i. 47.] See p. 63. Sometimes persons were only banished from Italy (iis Italiâ interdictum) for a limited time, Plin. Ep. iii. 9. †

7. SERVITUS, slavery. Those were sold as slaves, who did not give in their names to be enrolled in the censor's books, or refused to enlist as soldiers; because thus they were supposed to have voluntarily renounced the rights of citizens, Cic. Cacin. 34. See p. 63.

8. MORS, death, was either civil or natural. Banishment and slavery were called a civil death. Only the most heinous crimes were punished by a violent death.

In ancient times it seems to have been most usual to hang malefactors (infelici arbori suspendere), Liv. i. 26.; afterwards, to scourge (virgis cædere) and behead them (securi percutere), Liv. ii. 5. vii. 19. xxvi. 15.; to throw them from the Tarpeian rock (de saxo Tarpeio dejicere), Id. vi. 20.; or from that place in the prison called ROBUR, Festus, Valer. Max. vi. 31.; also to strangle them (laqueo gulam, guttur, vel cervicem frangere) in prison, Id. v. 4. 7. Sallust. Cat. 55. Cic. Vatin. 11. Lucan. ii. 154.

The bodies of criminals, when executed, were not burnt or buried: but exposed before the prison, usually on certain stairs, called GE

With or without confiscation of property. (Tac. Ann. iv. 43.) Vulcatius Moschus, exul, in Massilienses receptus, bona sua reipublicæ eorum, ut patriæ reiiquerat.'"-- T.

:

"Exilium, as Cicero rightly observes (pro Cæcinâ, 34.), was not banishment, which was utterly unknown to the Roman law it was nothing but the act whereby a man renounced the freedom of his own city by taking up his municipal franchise; and the liberty which a person bound by sureties to stand his trial before the people had of withdrawing from the consequences of their verdict by exiling himself, was only an application of the general principle. If the accused staid till sentence was passed, he was condemned as a Roman, and it would be executed upon him wherever he was taken: but if he availed himself of his municipal franchise in time, he had become a citizen of a foreign state, and the sentence was null and void. The ground of this exemption was not his migrating, but his attaching himself to a city which had a sworn treaty of isopolity with Rome: they who settled in an unprivileged place needed a decree of the people, declaring that their settlement should operate as a legal erilium. (Liv. xxvi. 3.)”— Nieb. ii. p. 63. "A person banished by a legal sentence, or who chose to exile himself, to escape punishment, forfeited, but not irrecoverably, all the rights of citizenship. It would appear, however, that he was allowed to retain part of his property. This opinion, at least, is somewhat probable, from the two following circumstances: 1. He was expressly prohibited by law from making a will. This prohibition would have been superfluous, if he had possessed no property to bequeath. 2. We find Seneca complaining of the vast riches, which the exiles of his time carried with them into banishment. Eo temporum prolapsa est luxuria, ut majus viaticum exulum sit, quam olim patrimonium divítum.'

234

PUNISHMENTS UNDER THE EMPERORS.

MONIÆ SC. scalæ, vel GEMONII gradus (quòd gemitûs locus esset); and then dragged with a hook (unco tracti), and thrown into the Tiber, Suet. Tib. 53. 61. 75. Vitell. 17. Tacit. Hist. iii. 74. Plin. viii. 40. s. 61. Valer. Max. vi. 3. 3. Juvenal. x. 66. Sometimes, however, the friends purchased the right of burying them.

Under the emperors, several new and more severe punishments were contrived; as, exposing to wild beasts (ad bestias_dammatio), burning alive (vivicomburium), &c. When criminals were burnt, they were dressed in a tunic besmeared with pitch and other combustible matter, called TUNICA MOLESTA, Senec. Ep. 14. Juvenal. i. 155. viii. 235. Martial. x. 25. 5., as the Christians are supposed to have been put to death, Tacit. Annal. xv. 44. Pitch is mentioned among the instruments of torture in more ancient times, Plaut. Capt. iii. 4. 65. Lucret. iii. 1030.

Sometimes persons were condemned to the public works, to engage with wild beasts, or fight, as gladiators, Plin. Ep. x. 40., or were employed as public slaves in attending on the public baths, in cleansing common sewers, or repairing the streets and highways, ibid.

Slaves after being scourged (sub furcá cæsi) were crucified (in crucem acti sunt), usually with a label or inscription on their breast, intimating their crime, or the cause of their punishment, Dio. liv. 3. as was commonly done to other criminals, when executed, Suet. Cal. 32. Dom. 10. Thus Pilate put a title or superscription on the cross of our Saviour, Matt. xxvii. 37. John xix. 19. The form of the cross is described by Dionysius, vii. 69. -- Vedius Pollio, one of the friends of Augustus, devised a new species of cruelty to slaves, throwing them into a fish-pond to be devoured by lampreys (murana), Plin. ix. 23. s. 39. Dio. liv. 23. *

A person guilty of parricide, that is, of murdering a parent or any near relation, after being severely scourged (sanguineis virgis casus), was sewed up in a sack (culeo insutus), with a dog, a cock, a viper, and an ape, and then thrown into the sea or a deep river, Cic. c. pro Amer. ii. 25, 26. Senec. Clem. i. 23. t

Rosc.

RELIGION OF THE ROMANS.

1. THE GODS WHOM THEY WORSHIPPED.

THESE were very numerous, and divided into Dii majorum gentium, and Minorum gentium, Cic. Tusc., i. 13. in allusion to the division of senators. See p. 3.

"The Greeks and Romans," observes Dacier, on Hor. Epist. i. 15. 36., "branded the belly of a gluttonous slave; the feet of a fugitive; the hands of a thief; and the tongue of a babbler.”

+ « The Twelve Tables and Cicero (l. c.) are content with the sack; Seneca (Erc. Controv. v. 4.) adorns it with serpents; Juvenal pities the guiltless monkey (innoria simia, Sat. xiii. 156.). Italy produces no monkeys; but the want could never be felt, till the middle of the sixth century first revealed the guilt of a parricide. The first parricide at Rome was L. Ostius, after the second Punic war (Plut. Rom. t. i. p. 57.) During the Cimbric, P. Malleolus was guilty of the first matricide. (Liv Epit. lxviii.) "— Gibbon's Decline and Fall, ch. xliv.

JUPITER

JUNO

MINERVA.

235

The DII MAJORUM GENTIUM were the great celestial deities, and those called DII SELECTI.

The great celestial deities were twelve in number, Dionys. vii. 72. 1. JUPITER (Zeus Пarp, voc. ZE Пárs), the king of gods and men, the son of Saturn and Rhea or Ops, the goddess of the earth; born and educated in the island of Crete; supposed to have dethroned his father, and to have divided his kingdom with his brothers; so that he himself obtained the air and earth, Neptune the sea, and Pluto the infernal regions;-usually represented as sitting on an ivory throne, holding a sceptre in his left hand, and a thunderbolt (fulmen) in his right, with an eagle; and Hebe, the daughter of Juno, and goddess of youth, or the boy, Ganymedes, the son of Tros, his cup-bearer (pincerna vel pocillator), attending on him; called JUPITER FERETRIUS, (a ferendo, quòd ei spolia opima afferebantur ferculo vel feretro gesta, Liv. 1. 10., vel a feriendo, Plutarch. in Romulo; Omine quòd certo dux ferit ense ducem, Propert. iv. 11. 46. Dionys. i. 34.) ELICIUS (quod se illum certo carmine e cœlo elicere posse credebant, Ovid. Fast. iii. 327., ut edoceret, quomodo prodigia fulminibus, aliove quo viso missa, curarentur vel expiarentur, ibid. & Liv. i. 20.) STATOR, [Pistor, Ovid. F. vi. 350.], CAPITOLINUS, and TONANS, which two were different, and had different temples, Dio. liv. 4. Suet. Aug. 29. 91. TARPEIUS, LATIALIS*, DIESPITER (diei et lucis pater), OPTIMUS MAXIMUS, OLYMPICUS, SUMMUS, &c. Sub Jove frigido, sub dio, under the cold air, Horat. Od. i. 1. 25. ii. 3. 23. Dextro Jove, by the favour of Jupiter, Pers. v. 114. Incolumi Jove, i. e. Capitolio, ubi Jupiter colebatur, Horat. Od. iii. 5. 12.

2. JUNO †, the wife and sister of Jupiter, queen of the gods, the goddess of marriage and of child-birth: called JUNO REGINA [Ovid. F. vi. 37.] vel regia: PRONUBA (quòd nubentibus præesset, Serv. in Virg. Æn. iv. 166. Ovid. Ep. vi. 43. Sacris præfecta maritis, i. e. nuptialibus solemnitatibus, ib. xii. 65.), MATRONA, LUCINA (quòd lucem nascentibus daret), MONETA (a monendo, because, when an earthquake happened, a voice was uttered from her temple, advising the Romans to make expiation by sacrificing a pregnant sow, Cic. Divin. i. 45. ii. 32.) ‡; represented in a long robe (stola) and magnificent dress; sometimes sitting or standing in a light car, drawn by peacocks, attended by the AURÆ, or air nymphs, as by IRIS the goddess of the rainbow. Junone secunda, by the favour of, Virg. Æn. iv. 45. §

3. MINERVA or PALLAS, the goddess of wisdom: hence said to have sprung (cum clypeo prosiluisse, Ovid. Fast. iii. 841.) from the

* Or Latiaris, (Cic. pro Mil. 31.) The temple of this deity stood on the summit of the Alban mount, and was of great magnificence. Augustus appointed a regular corps of troops to guard it and its treasures.

"Juno seems to be related to Jovis, as Dione to Dis, and to have originally signified goddess in general, perhaps a patron-goddess. Female slaves used to swear by the Junones of their mistresses. A Jovis, Jovino, Juno, the v being probably pronounced like our w."- Keightley, Myth. p. 461.

Sospita. (Ovid. F. ii. 56. Liv. viii. 14.) Juno Feronia presided over the manumission of slaves.-Virg. Æn. vii. 800. viii. 564. Liv. xxii. 1. But see Keightley's Myth. p. 480.

The statue of Juno was brought to Rome from Veii by Camillus, A. U. C. 359,

236

PALLADIUM

VESTA CERES.

brain of Jupiter by the stroke of Vulcan; Ter. Heaut. v. 4. 13., also of war and of arms; said to be the inventress of spinning and weaving (lanificii et textura), of the olive, and of warlike chariots; Ovid. ibid.

called Armipotens, Tritonia virgo, because she was first seen near the lake Tritonis in Africa; Attica vel Cecropia, because she was chiefly worshipped at Athens;-represented as an armed virgin, beautiful, but stern and dark-coloured, with azure or sky-coloured eyes (glaucis oculis, yλav×õñıç 'An), shining like the eyes of a cat or an owl (yλai, -nòs, noctua), Gell. ii. 26. having a helmet on her head, and a plume nodding formidably in the air; holding in her right hand a spear, and in her left a shield, covered with the skin of the goat Amalthea, by which she was nursed (hence called ÆGIS), given her by Jupiter, whose shield had the same name, Virg. Æn. viii. 354. & ibi Serv., in the middle of which was the head of the Gorgon Medusa, a monster with snaky hair, which turned every one who looked at it into stone, ibid.

There was a statue of Minerva (PALLADIUM), supposed to have fallen from heaven, which was religiously kept in her temple by the Trojans, and stolen from thence by Ulysses and Diomedes. Tolerare colo vitam tenuique Minerva, i. e. lanificio non quæstuoso, by spinning and weaving, which bring small profit, Virg. Æn. viii. 409. ↑ Invită Minerva, i. e. adversante et repugnante naturâ, against nature or natural genius, Cic. Off. i. 31. [Ovid. F. iii. 823.] Agere aliquid pingui Minervá, simply, bluntly, without art, Columell. 1. pr. 33. xi. 1. 32. Abnormis sapiens, crassâque Minervá, a philosopher without rules, and of strong rough common sense, Horat. Sat. ii. 2. Sus Minervam, sc. docet, a proverb against a person who pretends to teach those who are wiser than himself, or to teach a thing of which he himself is ignorant, Cic. Acad. i. 4. Festus. Pallas is also put for oil, Ovid. Ep. xix. 44., because she is said first to have taught the use of it.

4. VESTA, the goddess of fire. Two of this name are mentioned by the poets; one the mother, and the other the daughter of Saturn, who are often confounded. But the latter chiefly was worshipped at Rome. In her sanctuary was supposed to be preserved the Palladium of Troy (fatale pignus imperii Romani), Liv. xxvi. 27., and a fire kept continually burning by a number of virgins, called the Vestal Virgins; brought by Æneas from Troy, Virg. Æn. ii. 297.; hence hic locus est Vesta qui PALLADA servat et IGNEM, Ovid. Trist. iii. 1. 39., near which was the palace of Numa, ib. 40. Horat. Od. i. 2. 16. [Vesta is the same as the Earth; her temple consequently was round; Ovid. F. vi. 267. 460.]

5. CERES, the goddess of corn and husbandry, the sister of Jupiter, worshipped chiefly at Eleusis in Greece, and in Sicily: her sacred rites were kept very secret. She is represented with her head crowned with the ears of corn or poppies, and her robes falling down to her feet, holding a torch in her hand. She is said to have wandered over the whole earth with a torch in her hand, which she lighted at Mount Etna, (Hinc Cereris sacris nunc quoque tæda datur, Ovid. Fast. iv. 494.) in quest of her daughter Proserpina, who was carried off by Pluto. - PLUTUS, the god of riches, is supposed to

be the son of Ceres.

ELEUSINIAN MYSTERIES

NEPTUNE.

237

Ceres is called Legifera, the lawgiver, because laws were the effect of husbandry, Plin. viii. 56., and Arcana, because her sacred rites were celebrated with great secrecy, Horat. Od. iii. 2. 27., and with torches; whence, et per tædiferæ mystica sacra Deæ, Ovid. Ep. ii. 42.: particularly at Eleusis in Attica (sacra Eleusinia), from which, by the voice of a herald, the wicked were excluded; and even Nero, while in Greece, dared not to profane them, Suet. Ner. 34. Whoever entered without being initiated, although ignorant of this prohibition, was put to death, Liv. xxxi. 14. Those initiated were called MYSTÆ, Ovid. Fast. iv. 536. (a uów, premo), whence mysterium. A pregnant sow was sacrificed to Ceres, because that animal was hurtful to the corn-fields, Ovid. [F. i. 349.] Pont. ii. 9. 30. Met. xv. 111. And a fox was burnt to death at her sacred rites, with torches tied round it; because a fox wrapt round with stubble and hay set on fire, being let go by a boy, once burnt the growing corn of the people of Carseðli, a town of the Æqui, Ovid. Fast. iv. 681. to 712., as the foxes of Samson did the standing corn of the Philistines, Judg. xv. 4.

*

Ceres is often put for corn or bread; as Sine Cerere et Baccho friget Venus, without bread and wine love grows cold, Terent. Eun. iv. 5, 6. Cic. Nat. D. ii. 23.

6. NEPTUNE (a nando, Cic. Nat. D. ii. 26. vel quòd mare terras obnubit, ut nubes cœlum; a nuptu, id est opertione; unde nuptiæ Varr. L. L. iv. 10.) the god of the sea, and brother of Jupiter; represented with a trident in his right hand, and a dolphin in his left; one of his feet resting on part of a ship; his aspect majestic and serene: sometimes in a chariot drawn by sea-horses, with a triton on each side; called ÆGEUS, Virg. Æn. iii. 74.; because worshipped at Ægea, a town in the island of Euboea, Homer. Il. v. 29. Uterque Neptunus, the mare superum and inferum, on both sides of Italy; or, Neptune who presides over both salt and fresh water (liquentibus stagnis marique salso), Catul. xxix. 3. Neptunia arva vel regna, the sea, Virg. En. viii. 695. Neptunius dux, Sex. Pompeius, Horat. Epod. ix. 7., who, from his power at sea, called himself the son of Neptune, Dio. xlviii. 19. Neptunia Pergama vel Troja, because its walls were said to have been built by Neptune and Apollo, Ovid. Fast. i. 5. 5. Virg. En. ii. 625., at the request of Laomedon, the father of Priam, who deprived them of their promised hire (pactá mercede destituit), Horat. Od. iii. 3. 22., that is, he applied to that purpose the money which he had vowed to their service, Serv. in Virg. On which account Neptune was ever after hostile to the Trojans, Virg. Æn. ii. 610., and also to the Romans, Id. G. i. 502. Apollo was afterwards reconciled by proper atonement; being also offended at the Greeks for their treatment of Chryseis, the daughter of his priest Chryses, Serv. ib., whom Agamemnon made a captive, Ovid. Remed. Am. 469. Homer. Il. 1. The wife of Neptune was Amphitrite, sometimes put for the sea, Ovid. Met. i. 14.

Besides Neptune, there were other sea gods and goddesses: Oceănus, and his wife Tethys; Nereus, and his wife Doris, the Nereides, Thetis, Doto, Galatea, &c. Triton, Proteus, Portumnus, the son of Matuta

White robes were worn at the Cerealia; hence they were not celebrated in seasons