The poetical histories being a compleat collection of all the stories necessary for a perfect understanding of the Greek and Latine poets and other ancient authors / written originally in French, by the learned Jesuite, P. Galtruchius ; now Englisht and enricht with observations concerning the gods worshipped by our ancestors in this island, by the Phœnicians, and Syrians in Asia ... ; unto which are added two treatises, one of the curiosities of old Rome, and of the difficult names relating to the affairs of that city, the other containing the most remarkable hieroglyphicks of Ægypt, by Marius d'Assigny ...

CHAP. X.

Of the Roman Punishments inflicted upon Offenders.

THE lesser Punishments were loss of Goods, which was either the loss of all, named mulcta suprema; or the loss of part, called a Fine, or mulcta minima! Capi∣tis * 1.1diminutio, was a degrading of a Man from a higher Tribe to a lower, which was either minima, or media; to the lowest Tribe or a dashing of his name out of the Romans Ca∣talogue: this was maxima diminutio Capitis. Sometimies it was followed by a Banish∣ment of the Offender, unto whom interdice∣batur

usus aquae & ignis, the use of Water and * 1.2of Wine was forbidden. The other severer punishments, were Furca, Crux, Carcer, Cu∣leus, Equuleus, Scala, Gemoniae, &c. This we must note, that when the Offenders were led to Execution without the Gates of the City, a little Bell was tyed about them, to give notice to every one to stand out of the way, that they might not defile themselves by touching such a one.

Furca, was a common punishment of the Romans; they did imploy it to disgrace an Offender, either by obliging him only to carry it about the City, or ✚ 1.3 by whipping him in the way. These kind of People, whose unhappiness it was to be thus treated, were named afterward Furciferes: they did also imploy the Furca in punishing to death; the poor Miscreant did bear it out of the City to the place appointed, and at certain stages the Executioner did make him feel the smart of his Rods; when he was come to the fatal place, the Executioner did chop off his Head. Now this Furca was two Beams joyned together, either in the middle, or in the top. Justus Lipsius hath written a learn∣ed treatise, de Cruce, which was an Instru∣ment not much unlike to the Furca. The * 1.4custom did oblige every one to bear their Cross, upon which they were to suffer, and then to be nailed upon it. There were many forts of Crosses in use amongst the Romans, but none was for an ingenious Man. It was

* 1.5 a kind of punishment only proper for Slaves and men of the lowest rank. They were nailed to this cursed Wood, and an Inscri∣ption over them, signifying the Crime that brought them to this shameful punishment. * 1.6The publick Prison where they were kept, vvas named Carcer; In it were to be seen tvvo Rooms. Tullianum, vvas the Dungeon vvhere Malefactors vvere strangled Robur, vvas a place of strength, out of vvhich they could not break forth, vvhere they vvere sometimes put to Death. Nervus, vvas like our Stocks, vvhere the Feet vvere laid. Collumbar and numella, vvas a place to put the neck, that resembled our Pillory. Codex, vvas a Block fastned to Malefactors, upon vvhich they did use to sit. Culeus, vvas a kind of punishment due to Paricides. They did first vvhip the Offender vvith Rods, until the Blood did gush out of their Veins; then they did sovve him up in a Leathern sack, called Culeus, vvith a Cog, a Cock, a Viper, and an Ape; vvith this sad and loathsom company, they did cast him head-long into the Sea and drovvnd him.

* 1.7 Eculeus, vvas an Engine proper to Rack and torment Offenders, vvhose Body did appear as they that vvere crucified on the Cross. It vvas invented on purpose to force men suspected of a crime to a confession of their Guilt. I conceive this Engine vvas made in such a manner, that it did stretch every joint in the Body. The Romans did some∣times

increase the torture of the Persons racked upon this Engine, by applying hot Irons to the Offenders naked Body. Lamina and Ʋngulae; vvere Instruments made for this purpose, to adde to the pain of the miserable creature, vvhose misfor∣tune had brought him to this torment. Sometimes the Offenders vvere condemned to be thr ovvn dovvn head-long from the Rock, upon vvhich stood the Capitol, cal∣led Tarpeia rupes. There vvas another place called Gradus Gemmonij, or Scalae Gemoniae, near the River Tiber, from vvhich they did cast the guilty persons to drovvnd them in the vvater. Some describe thus the manner of this kind of punishment. The Executioner did fasten a Hook in the mouth of the poor vvretch, and did dragg him through the streets from his Prison to this infamous place, and then he did cast him dovvn head-long into the River, or did burn him, as some do relate.

Tunica, was another kind of punishment. They did put the Criminal in a Coat dawb'd vvith Pitch and Brimstone vvithin & vvith∣out; and in this manner they did cast him into the Fire prepared for him.

Damnatio ad Gladium, was when a man was condemned to end his dayes with the edge of the Sword; either by fighting in the publick Playes amongst the Fencers, or by receiving the fatal blow from the hand of an Executioner.

* 1.8 Damnatio ad Bestias, was the condemn∣ing of a man to be devoured by Lyons, Bears, or other wild Beasts, Sometimes they did expose them all naked to the mercy of these Savage Creatures; aud at other times they did furnish unto them Weapons, to enable them to contend with the Beasts, and shew some sport to the gazing multitude.

Ergastulum, was a Prison for Slaves, who were to be kept there, and obliged to work for their livelihood. Some did belong to Noblemen; they were designed for the most part for the slaughter, to delight the People in the Amphitheatre in fighting. They did▪ daily exercise themselves by Fencing. A cer∣tain Master of Arms did teach them, as we have already taken notice. And that they might be hindted from an escape, they had * 1.9Bolts & Chains night and day put upon their Legs. Many Offenders were condemned to these kind of Prisons, that they might be ex∣ercised in digging the Ground, in grinding Corn, in * 1.10 drawing water, and in many other laborious and painful works. The Of∣fenders were also sent ad▪ Metalla, to the Mines, which was a grievous punishment. They did also mark them in the Fore-head with an infamous Letter; they were named Stigmatici, or literati, or nebulones stigmatici. The Romans did also chastise their Criminal persons with Whips aswell as with Rods; and to increase the pain, such did tie at the end of every thong, Nails, Bones, and other

hard things, so that many times the Patient did give up the Ghost under the strokes. These Whips were named Scorpiones.

Notes

• * 1.1

  They were fi∣ned by the loss of their Sheep and Oxen.
• * 1.2

  Lata fuga vel deportatio vo∣cabaturr.
• ✚ 1.3

  Sùpplicium more majorum vocabatus.
• * 1.4

  Servile supplici∣um.
• * 1.5

  Vocabatur pati∣bulum.
• * 1.6

  Ergastulum, is a Prison for Slaves and Fen∣cers.
• * 1.7

  I••gn••m torto∣rium vel Stipes ••oxialis.

  Fidicula, was an Engine like unto this with strings, to tor∣ture every joint
• * 1.8

  Restari•• nom••∣nabantur.
• * 1.9

  Pedes annulatos habebant & sae∣pe inscriptiones infronte.
• * 1.10

  In Antliam damnari, is, to be condemned to be a drawer of water.

  Pistrinum, is a Hand-Mill.