Oliver Goldsmith - Pinnock's improved edition of Dr. Goldsmith's History of Rome

12. The punishments to which state criminals were sentenced, were usually, in capital cases, precipitation from the Tarpeian rock, beheading, or strangulation in prison; when life was spared, the penalties were either exile or fine. Under the emperors severer punishments were introduced, such as exposure to wild beasts, or burning alive; and torture, which, under the republic, could not be inflicted on free citizens, was exercised unsparingly.

13. The punishment of parricides was curious; the criminal having been beaten with rods, was sown up in a sack together with a serpent, an ape and a cock, and thrown either into the sea or a river, as if even the inanimate carcase of such a wretch would pollute the earth.

14. Masters had an absolute, authority over their slaves, extending to life or limb; and in the earlier ages patrons had similar power over their clients. The condition of slaves in Rome was most miserable, especially in the later ages; they were subject to the most excruciating tortures, and when capitally punished, were generally crucified. Except in this single particular, the Roman criminal code, was very lenient and sparing of human life. This was chiefly owing to the exertions of the plebeians, for the patricians always patronized a more sanguinary policy; and could do so the more easily, as the aristocracy retained their monopoly of the administration of justice much longer than that of civil government.

15. The Roman system of finance was at first very simple, the public revenue being derived from a land-tax on Quiritary property, 46 46 The lands absolutely assigned to the plebeians free from rent, were the most remarkable species of Quiritary property. It was so called from the Quirites, who formed a constituent part of the Roman people, and whose name was subsequently given to the entire. and the tithes of the public lands; but after the conquest of Macedon, the revenues from other sources were so abundant, that tribute was no longer demanded from Roman citizens. These sources were: —

1. The tribute of the allies, which was a property tax, differing in different places according to the terms of their league.

2. The tribute of the provinces, which was both a property and poll-tax.

3. Revenue of the national domains leased out by the censors.

4. Revenue from the mines, especially from the Spanish silver-mines.

5. Duties on imports and exports. And,

6. A duty on enfranchised slaves.

The receipts were all paid into the national treasury, and the senate had the uncontrolled direction of the general expenditure, as well as the regulation of the amount of imposts. The officers employed to manage the affairs of the revenue, were the quæstors, chosen annually, and under them the scribes, who held their situations for life. Those who farmed the public revenue were called-publicans, and were generally persons of equestrian dignity; but in the remote provinces they frequently sublet to other collectors, who were guilty of great extortion. The latter are the publicans mentioned in the New Testament.

Questions for Examination .

1. When did the Romans first appoint judges?

2. How were the decisions of the prætors regulated?

3. How are trials divided?

4. In what manner were offences against the classes of patricians and plebeians tried?

5. How was disobedience to the chief magistrate punished?

6. What was the penalty for usurpation?

7. How was mal-administration punished?

8. When did the prætors impannel a jury?

9. What was the form of a trial?

10. Were there any other forms used, in trials before the people?

11. Had the criminal any chances of escape?

12. What were the usual punishments?

13. How was parricide punished?

14. In what respect alone was the criminal law of the Romans severe?

15. What were the sources of the Roman revenue?

16. To whom was the management of the finances entrusted?

Butchered to make a Roman holiday. — Byron .

The inferiority of the Romans to the Greeks in intellectual acquirements, was no where more conspicuous than in their public amusements. While the refined Grecians sought to gratify their taste by music, the fine arts, and dramatic entertainments, the Romans derived their chief pleasure from contemplating the brutal and bloody fights of gladiators; or at best, such rich shows and processions as gratify the uneducated vulgar. The games in the circus, with which the Romans were so delighted, that they considered them of equal importance, with the necessaries of life, consisted of athletic exercises, such as boxing, racing, wrestling, and gladiatorial combats. To these, chariot-racing was added under the emperors, and exhibitions of combats between wild beasts, and, in numerous instances, between men and beasts.

2. After the establishment of the naval power of Rome, naumachiæ, or naval combats, were frequently exhibited in circi built for the purpose. These were not always sham fights; the contests were, in many instances, real engagements displaying all the horrors of a sanguinary battle.

3. The custom of exhibiting shows of gladiators, originated in the barbarous sacrifices of human beings, which prevailed in remote ages. In the gloomy superstition of the Romans, it was believed that the manes, or shades of the dead, derived pleasure from human blood, and they therefore sacrificed, at the tombs of their ancestors, captives taken in war, or wretched slaves. It was soon found that sport to the living might be combined with this horrible offering to the dead; and instead of giving up the miserable victims to the executioner, they were compelled to fight with each other, until the greater part was exterminated.

4. The pleasure that the people derived from this execrable amusement, induced the candidates for office to gratify, them frequently with this spectacle. The exhibitions were no longer confined to funerals; they formed an integrant part of every election, and were found more powerful than merit in opening a way to office. The utter demoralization of the Roman people, and the facility with which the tyranny of the emperors was established, unquestionably was owing, in a great degree to the pernicious prevalence of these scandalous exhibitions.

5. To supply the people with gladiators, schools were, established in various parts of Italy, each under the controul of a lanis'ta , or fencing-master, who instructed them in martial exercises. The victims were either prisoners of war, or refractory slaves, sold by their masters; but in the degenerate ages of the empire, freemen, and even senators, ventured their lives on the stage along with the regular gladiators. Under the mild and merciful influence of Christianity these combats were abolished, and human blood was no longer shed to gratify a cruel and sanguinary populace.

6. So numerous were the gladiators, that Spar'tacus, one of their number, having escaped from a school, raised an army of his fellow-sufferers, amounting to seventy thousand men; he was finally subdued by Cras'sus, the colleague of Pompey. Ju'lius Cæsar, during his ædileship, exhibited at one time three hundred and twenty pairs of gladiators; but even this was surpassed by the emperor Trajan, who displayed no less than one thousand.

7. The gladiators were named from their peculiar arms; the most common were the retiarius , who endeavoured to hamper his antagonist with a net; and his opponent the secutor .

8. When a gladiator was wounded, or in any way disabled, he fled to the extremity of the stage, and implored the pity of the spectators; if he had shown good sport, they took him under their protection by pressing down their thumbs; but if he had been found deficient in courage or activity, they held the thumb back, and he was instantly murdered by his adversary.