The Catholic encyclopedia (Volume 4); an international work of reference on the constitution, doctrine, discipline and history of the Catholic Church (1907) (14577268338)

Identifier: 07470918.4.emory.edu
Title: The Catholic encyclopedia (Volume 4); an international work of reference on the constitution, doctrine, discipline and history of the Catholic Church
Year: 1907 (1900s)
Authors:
Subjects: Catholic Church Theology Encyclopedias and dictionaries
Publisher: New York, R. Appleton
Contributing Library: Emory University, Pitts Theology Library
Digitizing Sponsor: Emory University, Pitts Theology Library



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gandage. It is certain,however, that it was absolutely forbidden to inflictthis degrading and infamous punishment on a Romancitizen (Cic, Verr. Act., I, 5; II, 3, 5; III, 2, 24, 26;IV, 10 sqq.; V, 28, 52, 61, 66); moreover, an illegalapplication of this punishment would have constituteda violation of the leges sacratw. Concerning a slave,the master might act in one of two ways; he mightcondemn the slave arbitrarily (Horace, Sat. iii;Juvenal, Sat. vi, 219), or he might turn him over to the triumvir capitalis, a magistrate whose duty it wasto look after capital punishment. The legal immunity of the Roman citizen was some-what modified when the poorer citizens (humiliores)were declared subject to the punishment of the cross(Paul., Sent., V, xxii, 1; Sueton., Galba, ix; Quin-til., VIII, iv). The punishment of the cross was regu-larly inflicted for such grave crimes as highway robberyand piracy (Petron., Ixxii; Flor., Ill, xix), for pubUcaccusation of his master by a slave (delatio domini),
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O 5 £5O Ph a CROSS 519 CROSS or for a vow made against his masters prosperity(de salute dominorum. See Capitolin., Pertinax, ix;Herodian, V, ii; Paul., Sent., V, xxi, 4), for sedi-tion and tumult (Paul., Fr. xxxviii; Digest. Depoenis, xlviii, 19, and Sent., V, 221; Dion., V, 52;Josephus, Antiq., XIII, xxii, and Bell. Jud., II,iii), for false witness, in which case the guilty party wassometimes condemned to wild beasts (ad bestias, Paul.,Sent., V, xxiii, 1), and on fugitive slaves, who weresometimes burned alive (Fr. xxxviii, S. 1; Digest. Depoenis, XLVIII, xix). According to Roman custom,the penalty of crucifixion was always preceded byscourging (virgis cadere, Prud., Enchirid., xli, 1);after this preliminary punishment, the condemnedperson had to carry the cross, or at least the trans-verse beam of it, to the place of execution (Plut.,Tard. dei vind., ix, Artemid., II, xli), exposed to the gibes and insults of the people (Joseph., Antiq.,XIX, iii; Plant., Most., I, 1, 52; Dion., VII,