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10 DEALING WITH THE DEAD Undertakers, executioners and potter’s fields in ancient Rome John Bodel Death-pollution for the Romans was a mixed thing, part religious concern, part practical problem. That is a truism applicable, no doubt, to most cultures, but it will serve to mark the two ends of a spectrum that embraces much of Roman mortuary ritual. The challenge for the student of Roman customs is to recognise where along the scale between those two poles any particular behaviour is to be located. This chapter attempts to chart three distinct positions by focusing on Roman attitudes toward the professionals responsible for conducting funerals and performing public executions and on Roman practices in disposing of the bodies of the least fortunate. As an avowedly preliminary excursion, it makes no pretence to comprehensiveness and intentionally steers clear of some impor- tant areas traditionally covered in discussions of Roman death-ritual—the cult of ancestors and imagines, for example, or the sanctity of tombs (Flower 1996; De Visscher 1963; Ducos 1995)—which have tended to focus almost exclu- sively on upper-class behaviours, in the hope that an approach to the problem from the bottom up, rather than from the top down, may offer a fresh perspective. Potter’s fields Here nauseous weeds each pile surround, And things obscene bestrew the ground:

Skulls and bones in moulding fragments lie, All dreadful emblems of mortality.

from Webb’s Collection of Epitaphs (1775) (Wilson and Levy 1938:16) How many people died in Rome each year and how many, lacking formal burial arrangements, depended for the final disposition of their remains upon the ser- vices of the state? If we adopt a conservative estimate of the urban population around the time of Augustus of roughly 750,000 (cf. Hopkins 1978:96–8; Robinson 1992:8; Lo Cascio 1994:39), and if we further postulate an annual 128Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

mortality rate comparable to that of other pre-industrial European urban popula- tions of roughly 40 per thousand (cf. Parkin 1992:92; Saller 1994:12), we must figure that some 30,000 residents died in the city each year, or (on average) more than eighty a day. In times of epidemic, of course, the numbers would have risen dramatically. We may doubt Jerome’s claim that during a plague in AD 77 nearly 10,000 a day died at Rome over a period of several weeks (Chron. 2096I, p. 188h Helm), but Cassius Dio’s figure of 2,000 a day succumb- ing during the outbreak of AD 189 sounds plausible (73–114). According to Suetonius, 30,000 urban residents died during one plague-ridden autumn under Nero (Nero 39.1; cf. Oros. 7.7.11; Shaw 1996:115–18). In European towns from the fourteenth to the seventeenth centuries, occasional outbreaks of the plague often carried off from a quarter to a third of a town’s population in a sin- gle year (Mols 1954–6:2.426–52; Biraben 1975:1.192–218).

At all periods a few of those who died at the capital would have been buried elsewhere, at an ancestral grave on a country property or outside an Italian town, but these can never have amounted to more than perhaps one or two per cent of the urban population, probably considerably less. We must then figure that, over the three hundred years from 100 BC to AD 200, the cemeteries of Rome had to accommodate nearly nine million burials of one sort or another, whether cremations or inhumations. We must also suppose, even when due allowance is granted to the popularity of funerary collegia and the habit of some wealthy Romans of providing burial space for their slaves and freedmen in familial monuments (Patterson 1992; Eck 1988), that a certain number of urban residents living in abject poverty and without the support of a patron must have fallen through the cracks. When these hapless souls gave up the ghost, the dispo- sition of their corpses became, for them, a source of anxiety, for others, at the very least, a problem of urban maintenance. Martial (10.5.9–12) imagines a dying beggar envying those borne off in a pauper’s bier and dreading the preda- tory post-mortem attacks of dogs and birds. Such fears would not have been unfounded. In 276 BC wolves dragged a half-eaten corpse into the Forum (Oros. Adv. pagan. 7.4.1–2); closer to Martial’s own day, the future emperor Vespasian was interrupted while dining by a dog that dropped a human hand beneath his table (Suet. Vesp. 5.5; cf. Cic. Mil. 33; Scobie 1986:418–19). For Rome’s poorest residents, the fate of their last remains was a legitimate con- cern; unlike most Romans, when they died their bodies were likely to wind up as cadavera, abandoned flesh, rather than corpora, corpses destined for burial (Allara 1995). What percentage of the urban population fell into this unfor- tunate category at any point in time is impossible to say, but a reasonable guess might place their number in the neighbourhood of one in twenty. 1 On a conser- vative estimate, then, some 1,500 corpses may have turned up annually, unclaimed and unwanted, in the streets of Rome.

Based, as they are, upon a number of unprovable hypotheses, any of these figures could be disputed, but some comparative data suggest that they are not likely to be far out of line. Even in modern cities, disposing of the corpses of the DEALING WITH THE DEAD 129Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

indigent presents a considerable practical problem. During the first half of 1994, for example, more than 150,000 persons died in Moscow, a metropolis of about nine million, and the demand for burial in or near the city surpassed 400 per day (Specter 1994). In New York City nearly 75,000 of the 7.3 million residents die each year, and more than 3,000 unclaimed bodies wind up annually in the pub- lic potter’s field on Hart Island in the Bronx, a barren 101 acres that have pro- vided a final resting-place for some 700,000 New Yorkers over the last 125 years (Conlan 1993:42, 49–50). Rome itself during the nineteenth century—a period that saw the urban population grow from around 125,000 at the start of the century to more than 225,000 at its close—experienced between 4,000 and 6,000 deaths each year, except in times of epidemic, which were not infrequent, when the number rose to more than 12,000 (Forcella 1984:291 n. 10). During the Great Plague of London of 1665, when the city population numbered some- what under half a million, 68,596 succumbed to the disease, according to the Bills of Mortality, and the total is in fact likely to have approached 100,000 (Bell 1924: vi-vii, 123, 144–52; cf. Mols 1954–6: 2.442–4). If we extrapolate from those figures and allow for a slightly higher incidence of mortality within a larger urban population, we arrive at figures very close to those postulated for ancient Rome. 2 There can be little doubt that the ancient Romans faced a significant chal- lenge in their efforts to provide burial facilities capable of meeting the demand imposed by high mortality in a growing population. How they met this need during the late Republic is well known from a passage of Varro (LL 5.25), a poem of Horace (Sat. 1.8), and a fortuitous discovery made by Rodolfo Lan- ciani outside the Esquiline Gate more than a century ago (see below). None of these sources, however, says a word about the institutional mechanisms for removing unclaimed corpses from the urban centre. To get a sense of those we must turn to comparative evidence from ancient Athens, Egyptian Thebes, and Puteoli.

In fourth-century Athens the demarchoi were responsible for seeing that abandoned corpses were buried and the affected demes purified, if possible by the relatives of the deceased or, failing that, at public expense ([Demosth.] 43.57–8; cf. Arist. Ath. Pol. 50.2; IG II 2 1672.119–20). It is therefore a reason- able, if not absolutely necessary, inference that at Rome the removal of dead bodies from city streets was considered a part of the cura urbts, a charge that normally fell to the aediles (Mommsen 1887–8: II 2 505–17). According to the terms of a contract for the local funerary concession at Puteoli sometime toward the end of the Republic, persons who abandoned corpses there were fined, and the undertaker was obliged to remove the bodies of executed criminals, suicides by hanging, and slaves; this was the public service for which, in return, he was granted a monopoly concession (AE 1971, 88 I.32–II.1, II.13–14, II.22–3, III. 1– 4). It is perhaps unlikely that a single corporation of undertakers was responsi- ble for policing the entire city of Rome, but there is no reason to think that the business of disposing of the dead was conducted there in any fundamentally 130 DEATH AND DISEASE IN THE ANCIENT CITYHope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

different way, and the institutional imitation that characterises Puteoli’s relation- ship with the capital points in the same direction (Bodel 1994:15–16). In Egyp- tian Thebes of the Ptolemaic period, the city and surrounding territory were divided up among various morticians, who enjoyed exclusive rights to prepare for mummification the bodies of those who had resided in their allotted areas (P.Tor. Amenothes 5, 8; UPZ II p. 200; Derda 1991:17–18). Perhaps a similar division of labour by district served the urban zone of Rome. It is in any case clear that, except in times of plague, when extraordinary and frequently inade- quate measures were taken to dispose of diseased corpses in the Tiber and the public sewers (Dion. Hal. Ant. Rom. 10.53.2–3, 9.67.2; further Lugli 1952:II.46– 51 nos. 264–96), the bodies of Rome’s indigent, wherever found, wound up in the same place.

According to Varro, outside of Roman towns were puticuli, named from putei, because men used to be buried there in pits, or else, as his teacher Aelius Stilo had written, because the corpses abandoned there used to rot (putescebani) in a public place beyond the Esquiline (Varro LL 5.25). Varro goes on to add that the playwright Afranius jokingly called them putilucos, because the bodies there received light through the wells (CRF 430 Ribbeck), from which we may infer that the puticuli were normally left open to the skies, as was the normal practice in early modern Europe in Hamburg, Paris and England (Whaley 1981:104; Ariès 1981:56–9; McManners 1981:304; Gittings 1984:64). Varro’s description seemed to be strikingly confirmed when, toward the end of the nine- teenth century, construction of a new residential district on the Esquiline in Rome just outside and north of the Esquiline Gate laid bare some seventy-five mass burial pits, rectangular in shape, arranged in rows, lined with blocks of sperone or cappellaccio tufa, and set off from the surrounding cemetery by a travertine channel (Lanciani 1874, 1875, 1890:64–5). These mass graves have naturally been associated with the public potter’s field described by Horace in the last satire of his first book as a pestilential region 1,000 by 300 feet in area strewn with bones, which Maecenas sometime around 40 BC buried under his suburban horti (Hor. Sat. 1.8.8–16; cf. Häuber 1996). In fact, the burial vaults discovered by Lanciani cannot have been part of the paupers’ cemetery described by Horace, since they seem to have been covered over by a layer of rubble and charred debris nearly half a century earlier, at a time when a section of the trench along the Servian agger just north of the Esquiline Gate had been filled to the brim with corpses (Bodel 1994:38–54), and it has been denied that they are puticuli of the sort described by Varro (Coarelli 1999a). For the present purpose it is enough to note that the vaults uncovered by Lanciani are similar in size and shape to the mass graves employed for the burial of the poor in France and England from the sixteenth to the eighteenth century (see Table 10.1). 3 The comparative evidence suggests that the Roman vaults might have con- tained between 550 and 800 human bodies each. In fact, Lanciani reports ani- mal carcasses and other detritus mixed in with the human remains, so we cannot calculate an absolute burial capacity for the Roman pits; but the figures cited DEALING WITH THE DEAD 131Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

above provide suggestive enough indication that the crypts must have remained open for several weeks or even months before being filled to capacity—long enough, certainly, that putrefaction of their deposits would have begun to set in and the unpleasant symptoms of decay (stench and putrid air) would have emanated into the environs. In London during the Great Plague of 1665, a large mass burial pit (Table 10.1) was filled with more than 1,100 bodies within two weeks (6–20 September) during a time of exceptionally high mortality (Wilson and Levy 1938:15); under normal circumstances rotting flesh was exposed to the environment for longer periods. In Paris one or two grave pits remained open for months or even years before being filled (Ariès 1981:56), and the prob- lem of putrid odours polluting the vicinity persisted well into the eighteenth century (McManners 1981:308–9). There can be little doubt that when Maece- nas buried the paupers’ graveyard outside the Esquiline Gate at Rome under thirty feet of virgin soil he abated a significant public nuisance.

What end awaited the corpses of the poor after that time remains uncertain, but we do not hear further of mass burial pits and none from the early imperial period has been discovered. A decree of the senate of 38 BC, probably passed in conjunction with Maecenas’ closing down of the potter’s field on the Esquiline, forbade the burning of bodies within two miles of the city (Cass. Dio 48.433), Note: Figures in square brackets are deduced; those in parentheses are hypothet- ical. The approximate capacity of the grave pit at London is based upon the datum that it was filled to within six feet of the surface with 1,114 bodies.

132 DEATH AND DISEASE IN THE ANCIENT CITYHope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

and Porphyrion, commenting on Horace’s satire, says that the Esquiline was made healthier because the crematoria (ustrinae) were moved farther away (Porph. ad Hor. Sat. 1.8.14); he says nothing of new puticuli. 4 In the preceding note (on Sat. 1.8.11), Porphyrion refers to public crematoria (haec regio namque publicas ustrinas habebat), but it is unclear whether at 1.8.14 he refers to public facilities rather than to private ones, or indeed whether his information is accurate: possibly he is merely connecting the senatorial decree reported by Dio with Maecenas’ works. There is in any case reason to believe that Maece- nas’ closing of the Esquiline graveyard marked the end of the practice at Rome of burying the poor in mass graves and that subsequently cremation in public crematoria became the common fate of those without the means to ensure a pri- vate burial. When Lucan imagines the pauper’s funeral that would suffice to honour Pompey, he speaks of placing the body on a humble pyre (8.736–8).

Martial, in describing an encounter late at night in the streets of Rome with four tattooed corpse-bearers carrying out a pauper’s cadaver, remarks that the unlucky pyre receives a thousand such (8.75.9–10). And when Plutarch men- tions the practice among corpse-burners of stacking one female cadaver with every ten male bodies, since the fattier tissue of women helped to feed the flames, he is clearly thinking of mass crematoria (Quaest. Conv. 3.4.2= Mor. 65 1B).

To anecdotal literary evidence of this sort it has been objected that references to pyres for the poor may be merely ‘figurative’ and not to be taken literally and that mass crematoria would have been impractical because of the risk of fires and the difficulty of creating sufficient heat to reduce human corpses to ash and bone (Kyle 1998:169–70). But ancient pyres were fully capable of sustaining temperatures as high as 900 degrees centigrade, the average achieved by mod- ern crematory furnaces (Wells 1960:35–6), and a Roman cremation of a single corpse could probably have been completed within seven or eight hours (McKin- ley 1989:65). Indeed, large communal pyres such as that mentioned by Plutarch would have burned hotter and faster, once fully ignited, than individual speci- mens. As for the risk of fires, this was no doubt real, but precautions had been taken by the senate already in 38 BC, and at Ostia, where practices were proba- bly not dissimilar from those at Rome, individual tombs with their own ustrinae built on the rear and lined with heat-resistant bricks were in common use just outside the city beginning in the first half of the first century AD (Floriani Squarciapino 1956: Via Ostiensis no. 20a/b, Via Laurentina nos 32, 34, 43, etc.). In fact, it is precisely during the Augustan era that monumental colum- baria designed to accommodate the ashes of multiple cremations begin to appear along the Via Labicana-Praenestina outside the Esquiline Gate (Häuber 1990:15, 65), and there is reason to see the Augustan period as marking a deci- sive turning-point in Roman funerary behaviour, with public attention shifting from the traditional focus on the cortège through the city streets and funeral ora- tion in the Forum to the extra-mural grave-site and the pyre (Bodel 1999:270– 6). It seems reasonable to conclude that at Rome under the early Empire, mass DEALING WITH THE DEAD 133Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

cremation replaced mass burial in grave-pits as the preferred means of disposal of the bodies of the indigent. 5 Nowhere are we told of any reason for this change. The silence of our literary sources is perhaps not surprising, but the absence of any hint of religious or ethi- cal concerns about the treatment of the corpses of the poor marks a notable contrast with public perceptions in early modern Europe of the horror of a pau- per’s funeral (e.g. Laquer 1983; Gittings 1984:64, 67). If we are right in associ- ating this change of custom at Rome with the closing down of the Esquiline potter’s field by Maecenas and the enactment of new legislation forbidding the burning of bodies within two miles of the city, it is plausible to suppose that a primary motivation was simply a concern for the public good. Whether or not the specifically sanitary dangers of decomposing corpses were recognised, the sights and smells of rotting flesh had evidently grown offensive by Horace’s day, and the layer of charred debris strewn across the mass grave pits unearthed by Lanciani suggests that the risk of fires from crematoria in the region was real (Lanciani 1874:52; cf. Bodel 1994:45–7).

There is no sign in any of this of a Roman concern with religious pollution.

On the contrary, in their arrangements for the disposal of the bodies of the needy, the Romans seem to have been motivated by purely pragmatic concerns.

In contrast to the sanctity of tombs, which were regarded as loca religiosa (Ducos 1995; De Visscher 1963:43–63), the suburban areas set aside for the disposal of the indigent were not accorded the status of graves but were instead classified as loca publica, places owned by the populus Romanus and desig- nated for the use of all (Mommsen 1895:207–8 [202–3]). Unlike tombs, these public spaces could not be encumbered with private religious observances (Cic.

Leg. 2.58); conversely, loca religiosa could not be declassified and treated as profane (Cod. Iust. 3.44.9 [Phil.]). To judge from a passage of Papinian’s mono- graph on the upkeep of cities in which the abandonment of cadavers is listed beside dumping dung, brawling, and discarding animal skins in a list of acts prohibited in town streets, this secularisation of the disposal areas of the indi- gent extended to the treatment of their corpses as well (Dig. 11.7.43.2a). Roman authorities evidently treated the problem of disposing of unclaimed corpses as a simple matter of public policing rather than as a cause for concern about reli- gious pollution. In this respect, Roman custom differed sharply from the prac- tice at Athens, where, as we have seen (above, p. 130), the demarchoi were responsible not only for removing abandoned corpses but also for ritually purify- ing the infected demes.

Undertakers Death is bad for those who die but good for the undertakers and grave-diggers.

(Dissoi Logoi 1.3) 134 DEATH AND DISEASE IN THE ANCIENT CITYHope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

When we turn to Roman attitudes toward the professionals who actually han- dled corpses, from places to personnel, we encounter a more ambivalent situa- tion. As mediators between the worlds of the living and the dead, undertakers and other workers in the funerary trade are the human agents of the institutional mechanisms societies create in order to accommodate both the public need to ensure the efficient disposal of human remains and the nearly universal desire on the part of the living for respectful treatment of the dead—to bridge, in other words, the gap created by that fundamental human polarity Malinowski describes as love of the dead and loathing of the corpse’ (Malinowski 1954:47– 8). Undertakers thus represent a natural focal point of a complex of values that are often themselves inherently contradictory: their work is generally regarded as both necessary and distasteful, as at once purifying and inherently sordid.

Some societies respond to this paradox by constructing occupational hier- archies that distance the diverse mortuary specialists from the rest of the com- munity according to the degree of their involvement with the corpse. So, for example, among contemporary rural Cantonese, funerary workers are shunned in proportion to their exposure to the pollution of death: geomancers, who divine the appropriate locations for tombs and have no direct contact with the dead, rank at the top; corpse handlers occupy the bottom and are pariahs in the community (Watson 1982, 1988; Lindsay, in this volume). The same sort of hierarchy is found in contemporary Hindu society (Parry 1980). Similarly, in Egypt of the Ptolemaic and early Roman periods, taricheutai, or ‘embalmers’, enjoyed the privileges of priests, whereas the morticians who actually prepared the corpses for embalming, the paraschistai, literally ‘the ones who rip up lengthwise’, were treated as scape-goats: once they had slit open the corpse with the ritually prescribed ‘Egyptian stone’ (probably flint), they were driven from the scene under a hail of stones and curses aimed at directing divine retri- bution for violating the body onto their own heads (Diod. Sic. 1.91.4–5; cf. UPZ 194–6). The former were regarded as ritually pure, the latter as permanently defiled (Derda 1991:15–21). 6 In Rome, on the other hand, we find no such sharp distinctions among the various specialists. Already by the time of Augustus, it seems, workers in the funerary trade were grouped together and were regarded similarly. So much, at any rate, is suggested by the use under the early Empire of the vague and euphemistic terms Libitina and libitinarius in reference to the business of under- taking. The former is first attested in the so-called Julian law on municipalities inscribed at Heraclea in Lucania shortly after Caesar’s death (CIL I 2 593=ILS 6085=FIRA 1 no. 13=Crawford 1996:1 no. 24, 94–6, cf. 104–7), where the phrase libitinam facere is used to describe the activity of undertaking, the latter in a ruling attributed to the Augustan jurist Labeo, who holds a libitinarius liable for a theft committed by his slave mortician (Dig. 14.3.5.8). The earliest literary attestations belong to the age of Nero (Petr. 38.15, 78.6; Sen. Ben.

6.38.4). Libitinarii seem to have been funeral contractors and suppliers of workmen rather than tradesmen themselves, but their name betrays their close DEALING WITH THE DEAD 135Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

association with the specialist personnel under their supervision. The designa- tion ‘one associated with Libitina’ does not, however, take us very far, since the term ‘Libitina’ enjoyed a remarkably broad semantic range in popular usage of the early Empire.

The word appears metaphorically for death itself, as in Horace’s famous boast at the end of his first three books of Odes that a large part of him will avoid Libitina (3–30.7); or, by metonymy, for the apparatus of burial, as in Mar- tial’s expressions ‘one Libitina will carry out two (corpses)’, where ‘Libitina’ evidently stands for ‘bier’ (Mart. 8.43.3–4; cf. Plin. NH 36.45; CGL VI. 1.641– 2), or ‘Libitina is being piled up with papyrus ready to burn’, where ‘Libitina’ means ‘pyre’ (Mart. 10.97.1); or more vaguely for funerary facilities generally, as in a proverbial phrase twice employed by Livy to describe the exigencies faced by early Romans in times of plague, when ‘Libitina was insufficient for the number of funerals’ (40.19.4, 41.21.6); or for burial itself, as in a decree of the Roman senate of AD 19 from Larinum, in which those found guilty of hav- ing practised disgraceful professions are prohibited ‘from having Libitina’ (AE 1978, 145, line 15; cf. Bodel 1994:98 n. 69); or even for the actual business of undertaking, as in the phrases libitinam facere (Tab. Heracl. [CIL I 2 593=Craw- ford 1996:1 no. 24] lines 94, 104–5) and libitinam exercere (Val. Max. 5.2.10; lex Puteolana [AE 1971, 88] II.16–17, III.20–1), which were the standard ways to describe the activity in the early Empire.

Plutarch (Numa 12.1) identifies Libitina as the goddess of funerals, but in placing her among the deities of the underworld he is probably mistaken, since there is no sign that Libitina ever entered the Roman pantheon. As far as we can tell, she had no temple, no cult and no worshippers (Thaniel 1973:48–9). Primar- ily this morbid figure is associated with a grove at Rome (cf. CIL I 2 1268, 1292, 1411; a pagus Libitinus is attested at Ligures Baebiani: CIL IX.1455=ILS 6509 add. [III.54]), and her ‘name’ libitina or lubentina was probably in origin no more than a toponym related to Etruscan lupu or lupuce (=mortuus est) (Frey- burger 1995:215–16; cf. Walde and Hoffman 1938:1.794; Ernout and Meillet 1959: 355–6). Romans of the late Republic derived her name from libido, ‘sex- ual pleasure’, and associated her with Venus—naturally since there was a tem- ple of Venus located in her grove (Varro LL 6.47; Cic. Nat. D. 2.61; cf. Non.

Marcell. p. 89–16–17 L.; August. De Civ. D. 4.8). According to the annalist L.Calpurnius Piso, King Servius Tullius, wishing to know the population of the city, ordered that a coin be paid for each death ‘into the treasury of Venus in the Grove, whom they call Libitina’ (ap. Dion. Hal. Ant. Rom. 4.15.5); and Festus tells us that a temple to Venus was dedicated in luco Libitinensi (he uses an adjectival form) on August 19, the day of the ‘Rustic Vinalia’ festival (Festus 322 L.; cf. Paulus 323 L.). T.P. Wiseman has recently coaxed out the implica- tions of Festus’ notice to illuminate the associations of this hybrid Venus Lubentina, as guardian of gardens, with Venus Erycina, patroness of prostitutes, at the Colline Gate, whose cult was celebrated on the other day of the Vinalia festival, April 23 (Wiseman 1998). The topographical juxtaposition of the two 136 DEATH AND DISEASE IN THE ANCIENT CITYHope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

Venuses at either end of the Servian agger helps to confirm the location of the Grove of Libitina outside the Esquiline Gate, in the region of Lanciani’s putic- uli and Horace’s potter’s field, and perhaps points to a popular association of the pleasures of the flesh associated with Venus Erycina and the inevitable end of all mortal flesh so vividly evident in the vicinity of Venus Libitina. Artemi- dorus comments on the case of a man who, having dreamed he had entered a house of prostitution and was unable to leave, died a few days later: ‘it is rea- sonable that this place should resemble death, because a whore-house is known as a common place (koinos topos), like that which receives corpses, and much sperm perishes there’ (Artemid. 1.78 p. 87.33). The connection between sex and death was commonplace in antiquity; less well attested is this apparent concep- tual association of low’, unproductive, sex with ‘low’, unfulfilling, burial, of brothels and potter’s fields.

However that may be, Plutarch tells us that ‘things for burial’ (ta pros tas tafas) were sold in Libitina’s precinct (Plut. Quaest. Rom. 23=Mor. 269A—B), and although he does not specify precisely what apparatus is meant, we may surmise that it included such essential equipment as funeral beds (tori Libitinae, [Quint.] Decl. Mat. 9.6) and biers (Varro LL 5.35, 166), torches (e.g. Mart.

8.43.2), incense and perfumes (Mart. 10.97.2; Pliny Epist. 5.16.6), and perhaps the clothes in which the deceased was dressed for burial (vitalia, Sen. Epist.

99.22; Petr. 77.7–78.1). From a comment of Asconius we learn that the fasces traditionally borne by lictors at the head of the cortège of an aristocratic funeral were kept at the grove of Libitina (In Milon. 34). No doubt Plutarch’s ‘things for burial’ included not only funerary equipment but funerary services. The pseudo-Acro scholia on Horace in any case inform us, explicitly if not entirely authoritatively, that Libitina was the place in the city where those who con- tracted to carry bodies out for burial and who provided ‘what was necessary for funerals’ (funeribus necessaria, cf. Sen. Ben. 6.38.1) were located ([Acro] ad Hor. Sat. 2.6.19). We need not follow Piso in believing that the presence of Libitina at Rome went back to the regal period, but her grove is attested as early as 166 BC, and there is no difficulty in believing that from any early date work- ers in the funerary trade made their headquarters in the region of the public cemetery where they performed much of their work. Later, during the middle and late Empire, mortuary workers were known collectively as funerarii (e.g.

Firm. Mat. 1.135.21, 1.168.20, 2.349.8; cf. Derda 1991:35 for a similar devel- opment from the Ptolemaic to the later Roman period among funerary workers in Egypt). Earlier we hear only of various specialists designated by their indi- vidual names.

Our earliest references, in Plautus, are to pollinctores, morticians, who took their name from the practice of covering the face of the corpse with powder (pollen) in order to conceal the discolouration of death (Plaut. Poen. 63; Asin.

910; Var. Men. 222, 324; Dig. 14.3.5.8 [Labeo]; Mart. 10.97.2; etc.; cf. [Serv.] ad Aen, 9–485). We hear also of vespillones, corpse-carriers, so called, accord- ing to Festus, not because of any connection with wasps (vespae), but because DEALING WITH THE DEAD 137Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

they carried out in the evening (vespertino tempore) the bodies of those without the means to afford a proper funeral (Paul. exc. Fest. 368–9; cf. [Serv.] ad Aen.

11.143); a modern etymology relates the name to versipellis, ‘werewolf: as an attacker of humans, a despoiler of corpses, a werewolf is vespiliator (Knobloch 1991). Whatever the origin of their name, these pallbearers of the poor were evidently a recognised presence in Roman life already by the middle years of the second century BC: so we may infer from the report that the aedile Q.Lucretius in 133 ordered the body of Tiberius Gracchus to be cast into the Tiber and thus earned for himself the scarcely honorific cognomen Vespillo (De Vir. Ill. 64.8; cf. Val. Max. 1.4.2; Kajanto 1965:324). Other sources mention fossores, ‘grave-diggers’ (CIL VI 7543, 9655), and ustores, ‘corpse-burners’ (Cic. Mil. 33; Catull. 59.5), as well as flautists (tibicines’. Cic. Leg. 2.59; Paul.

exc. Fest. p. 982 L.) and special horn players (siticines, tubicines: Cato Orat.

220 [= ORF4 8.223, pp. 90–1]; Nonius p. 54), mimes and dancers (Dion. Hal.

7.72; Suet. Caes. 84; Vesp. 19; Appian Lib. 66) and lictors (Cic. Leg. 2.61).

From the earliest days of the Republic, hired women dirge-singers, praeficae, sang the praises of a dead man in front of his house—a custom especially remarked by Aristotle in his treatise on the ‘Customs of Foreign Peoples’ (cf.

Varro LL 7.70; Non. Marc. 66.27; Kierdorf 1980:94–105); according to the grammarian M.Aurelius Cotta they came from the Grove of Libitina (Funaioli Gramm. Rom. Frag. 90). Festus records a shrine of the goddess Nenia (‘Dirge’) outside the Viminal Gate (Festus p. 157 L.), halfway between Venus Libitina outside the Esquiline Gate and Venus Erycina outside the Colline Gate, at the other end of the Servian rampart. Perhaps this shrine to Nenia marked the north- ern boundary of the area outside the Servian agger in which the various funer- ary tradesmen were headquartered, an area bounded on the south by the Grove of Libitina, where, it has been argued, the flute players’ guild was located (CIL VI 3877=I 2 989; cf. Bodel 1994:50).

Consolidation of the various specialists of the funerary industry at Rome in a single location may have fostered among them a certain community of interest and, on one occasion, at least, moved them to act in concert: Valerius Maximus reports that in 43 BC, when a decree of the senate authorised the praetor to hire out the contract for undertaking the funerals of the two deceased consuls, Hir- tius and Pansa, at public expense, ‘those who practised undertaking promised both their equipment and their services free of charge…and furthermore extracted the concession that the job of providing the apparatus for the funeral cortège be awarded to them for a single sesterce’ (5.2.10). The task of arranging the cortège normally fell to a funeral director known as a dissignator, whose status may have been somewhat higher than that of the other tradesmen (e.g.

Hor. Epist. 1.7.6; Sen. Ben. 6.38.4; [Quint.] Decl, Mai. 6.8). The title was often associated with that of praeco, ‘herald’ or ‘auctioneer’, whose position in soci- ety, though far from elevated, seems to have been less despised than that of those who handled corpses directly (Hinard 1976:740–6). Certain Romans of the late Republic and early Empire, at any rate, were not ashamed to proclaim 138 DEATH AND DISEASE IN THE ANCIENT CITYHope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

themselves as both praecones and dissignatores on their tombstones— something that cannot be said of libitinarii or other workers in the funerary trade (CIL I 2 2997a [p. 971], X 5429, perhaps XI 4596). The distinction proba- bly arises from the degree of specialisation associated with the several profes- sions: whereas libitinarii were exclusively involved with funerals and the dead, praecones and dissignatores practised their trades in other areas of public and private life as well—in making announcements and auctioning property (prae- cones: Mommsen 1887–8: I 3 363–4) or in serving as ushers at the theatre (dissignatores: Plaut. Poen. 19–20; CIL VI 1074, VIII 32332) or, beginning in the Hadrianic period, as referees or umpires at athletic contests (Dig. 3.2.4.1). In the case of the dissignatores, the role of usher may have grown out of that of funeral director, inasmuch as the task of arranging seats at the scenic games traditionally held in conjunction with aristocratic funerals would naturally have fallen to the man charged with organising the funeral parade (for which see Flower 1996:97–106; Bodel 1999:263–5); that of referee perhaps arose from a transfer of the authority inherent in one who assigns seats to spectators to that of one who adjudicates priority in athletic competition.

However that may be, uncertainties about the connection between undertak- ers (or ushers) and auctioneers (or heralds) centre on a clause of the Tabula Heracleensis prohibiting ‘those who practise auctioneering, funeral directing or undertaking’ from seeking, accepting or holding political office in the commu- nity, so long as they practise those professions (CIL I 2 593=ILS 6085=FIRA 1 no. 13=Crawford 1996:1.24, 94–6). 7 We need not here enter into the long his- tory of the discussion of this vexed passage (Lo Cascio 1975–6 provides a clear exposition of the issues); for our purpose it is enough to consider a recent argu- ment that the restrictions imposed upon these three occupations have nothing to do with their association with death (Gardner 1993:130–4). Gardner rightly points out that religious dread played little part in Roman civic regulations regarding the disposal of the dead and concludes that the prohibitions in the Tabula Heracleensis arose instead from the lawmakers’ desire to avert a poten- tial conflict of interest in municipal officials, in that auctioneers, funeral direc- tors and undertakers ‘did paid work for the local authority’ (Gardner 1993:134; similarly already Nicolet 1966:1.403–4, accepted by Crawford, in Crawford 1996:1.384). Explicit evidence that any of these professionals was paid to per- form public work, however, is difficult to find, and the one specific instance adduced of a supposed conflict of interest points to the opposite conclusion.

According to the terms of the lex libitinaria Puteolana (AE 1971, 88), the con- tracting undertaker, in addition to his other duties, was obliged to perform pub- lic executions at a magistrate’s bidding; this assignment, it is supposed, might potentially have influenced a contractor sitting on the town council to line his pockets by voting unduly readily in favour of punishments. But at Puteoli the law explicitly requires the contractor to perform public executions free of charge (gratis praest(are) d(ebeto): AE 1971, 88 II.11–14); this was the return given to the community for the award of a lucrative public contract. Nor is it DEALING WITH THE DEAD 139Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

clear, if conflict of interest were the primary issue at Heraclea, why the law pro- hibits practising heralds, funeral directors and undertakers not only from hold- ing but even from standing for public office: in mere candidates, no conflict of interest could arise. The specificity of the Tabula Heracleensis on this point, as well as on the types of occupation censured, is to be noted: at Halaesa in Sicily anyone who had ever practised a profession was excluded from local office (Cic. II Verr. 2.122; cf. Lo Cascio 1975–6:364–6).

Gardner rightly notes that auctioneers, like undertakers and funeral directors, ‘were unpopular because they reminded people of things they would prefer not to think about’ but misses the significance of Cicero’s remark to the effect that witnessing the enforced sale at auction of one’s own property is like attending one’s own funeral, when buyers come not as mourners but as executioners to pick apart the corpse (Quinct. 49–50). It is not simply that death and bankruptcy were unpleasant to think about but that both involved an unwilling transfer of property, without compensation. The stigma attached to the professions of auc- tioneer, funeral director and undertaker—and to workers in the funerary trade more generally—arose principally, I suggest, from the perception that their livelihood came at the cost of another’s loss. The well-known paradox of Roman attitudes toward money-making is that while the accumulation of wealth was perfectly respectable and having more of it than your neighbour was gener- ally a good thing, profits should never come at another’s expense. Cicero in a famous passage of De Officiis provides the classic statement of Greco-Roman aristocratic disdain for hired labour in general and for occupations that gener- ated public animosity in particular (1.150–1; cf. Brunt 1973). The undertaking profession falls into both categories, as Roman authors repeatedly emphasise.

Seneca refers to a lawsuit won by Demades against a mortician at Athens on the grounds that he had hoped for great profits and could only have attained his wish by the deaths of many; the philosopher goes on to remark that legacy- hunters are like undertakers and funeral directors, only worse, since the latter pray only for anonymous deaths (Ben. 6.38.1, 4). The salient point is that under- takers were supposed to be venal and malevolent; hence the frequent allusions in literature of the early Empire to deaths as Libitina’s profit (e.g. Hor. Serm.

2.16.19; Phaedr. 4.21.25–6; Suet. Nero 39.1). Valerius Maximus relates the gen- erosity of the Roman undertakers in the matter of the funerals of Hirtius and Pansa in order to illustrate the idea that a place is reserved in the highest glory for even the most sordid favours and in rounding out the anecdote remarks that the humble condition of the protagonists increased rather than diminished their honour, inasmuch as ‘those who live for nothing but profit [had] scorned profit’ (5.2.10). There was nothing inherently ignoble in the activity of burying the dead—on the contrary, laying the dead to rest was a negotium humanitatis (Dig.

11.7.14.7 [Ulpian]). Ignominy lay in performing for pay what was regarded as a natural obligation of humanity. 8 Unlike the sordid occupations of prostitution, acting and serving as a gladiator, which permanently defiled those who prac- tised them, and which for members of the higher orders brought down infamia 140 DEATH AND DISEASE IN THE ANCIENT CITYHope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

and a diminution of status (cf. Tab. Heracl. 122–3; Edwards 1997), performing the duties of an undertaker disqualified a man from municipal office at Heraclea only so long as he was actively engaged in the practice.

On the other hand, the nature of the work, the business of caring for the dead, was regarded as inherently dirty, and death itself was religiously unclean.

According to Plutarch (Numa 12.1), Numa taught the pontiffs not to regard burial rites as causing pollution, but any observer of the mortuary rituals sur- rounding a Roman funeral might be forgiven for concluding otherwise (see De Marchi 1896:190–9; Scheid 1984:118–20; Lindsay, in this volume). When a person died his family and household became funesta orfunestata (Cic. Leg.

2.55; Dig. 45.3.28.4 [Gaius]; Gell. 4.6.8; Serv. ad Aen. 6.216, 3.64) a concept that is set in direct contrast by our literary sources with that of the familia pura (Varr. ap. Non. Marc. 240.18 L.). Until the completion of the cleansing rites, generally on the ninth day after the deposition of the body, various signs were posted to warn away those who wanted or who needed to remain pure: a cypress branch was planted outside the house door (Serv. ad Aen. 3.64; 6.216; cf. Hor.

Ep. 5.18; Stat. Theb. 4.460–1.; Pliny NH 16.40, 139); flutes and horns playing a distinctive strain accompanied the corpse wherever it went (Festus p. 82 L.; Prop. 4.11.9–11); family members covered their hair with ashes (Catull. 64.351; Virg. Aen. 10.844, 12.611) and donned a specially darkened mourning gown, known variously as the toga pulla or atra (Paul. exc. Fest. p. 273 L.; Hor. Ep.

1.7.5; Tac. Ann. 3.2; Juv. 3.212; Cass. Dio 5.17.2) or, significantly toga sordida (Dig. 47.10.39 [Venuleius]; see further Heskell 1994:141–2 on Cic. Vat. 30–2; Sest. 26, 32–3, 144–5); those who attended the funeral refrained from bathing (Petr. 42.1; Cic. Vat. 31; cf. Diod. Sic. 1.91.1); and upon their return underwent the cleansing rite known as suffitio, whereby they sprinkled themselves with water and walked over fire (Paul. exc. Fest. p. 3 L. s.v. ‘Aqua et igni’); and so on (see Deschamps 1995:172–4). It is not entirely clear for whom, among the general population, these warnings were intended, but magistrates and certain high priests, the Pontifex Maximus (Sen. Cons, ad Marc. 15.3) and Flamen Dialis in particular (Vanggaard 1988:97; Lindsay, in this volume), were objects of special concern, since the religious purity of their persons was intimately bound up with the welfare of the state. It was to avoid inadvertently crossing their paths, according to one tradition, that Roman funerals were originally held at night ([Serv.] ad Aen. 11.143).

It is therefore not surprising to find epithets describing squalor and uncleanli- ness attaching to workers in the funerary trade: the corpse-burner is sordidus (Lucan 8.737; cf. Catul. 59.4); the name of the mortician, pollinctor, is said to derive from his role as a ‘perfumer of the polluted’, pollutorum unctor (Apul. in Hermagor.; ap. Fulg. De serm. antiq. 2; cf. Sidon. Epist. 3.13.5); even the funeral director, in Tertullian’s jaundiced eyes (Spect. 10), is ‘most foul’, inquinatissimus. It follows too that funerary workers were for this reason among the most despised of wage-labourers: in astrological literature of the early Empire, they are classed with criminals in prison and prostitutes tied to the DEALING WITH THE DEAD 141Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

brothel as persons inseparably bound by their occupation to an unenviable and unclean mode of life (Firm. Math. 208, 20; Manetho 6.531–5; cf. Cumont 1937:142 n. 2). Unclean, it should be noted, in a physical and possibly a moral sense, but not for that reason polluted in religious terms. The fourth-century astrologer Manetho says explicitly that funerary workers in Egypt were shunned because they were asemnoi, which in his day did not so much mean ‘unholy’ as ‘indecent’ or ‘obscene’ (Apotelesmata 4.190; cf. LSJ s.v.). Already by the end of the second century BC a local decree at Thebes had ordered the embalmers to quit the community and to take up residence in the necropolis across the river (UPZ II.162 col. 4.28–9 with Wilcken’s remarks ad loc. and on p. 39). The mandate originated with the town doctor and is perhaps therefore more likely to have been motivated by considerations of health, or possibly amenity, than by religious concerns: the stench produced by the embalmers’ work was notori- ously offensive (see Perdrizet 1934:724–6). It is worth noting, moreover, that at around this same time the embalmers of Oxyrhynchus were living as and among ordinary members of the community (P.Tebt. III.967; cf. Derda 1991:20 and n.

41). These sorts of regulations, in other words, were local and might vary from place to place. Whereas Martial encountered tattooed corpse-bearers in the streets of Rome (Mart. 8.75.9), at Puteoli the contracting undertaker was forbid- den to employ workmen with tattoos (AE 1971, 88 II.7)—presumably in order to exclude criminals and slaves of proven bad character (Jones 1987). This should warn us against assuming too great a uniformity in the details of local regulations governing the conduct of workers in the funerary trade.

Certain broad trends can nevertheless be discerned. One of these, across the empire, was toward an increasing segregation of corpse-handlers from the rest of society in isolated communities on the outskirts of town. At Puteoli, funerary workers were prohibited from entering the town except on official business and were forbidden to live closer to town than a tower where the local Grove of Libitina was located (AE 1971, 88 II.3–4). 9 We have already mentioned the removal of local embalmers at Egyptian Thebes from the town centre to the necropolis across the river, and astrological literature of the early Empire shows that cemetery guards regularly dwelled among the tombs they were hired to pro- tect, outside the community of the living (Cumont 1937:141 n. 1). In Egypt the term exōpulitēs, ‘a dweller outside the gates’, attested in a dozen ostraka and papyri dating from the third to the eighth century, came to be used genetically of any of the various workers in the funerary trade, who were so-called because they lived apart, in segregated communities outside the towns they served (Youtie 1973). And at Constantinople, the emperor Constantine established a formal corporation of lecticarii, headquartered in the suburbs, whose job it was to oversee burials and to transport the corpses of the indigent, free of charge, to the grave (Justinian Nov. 43 praef., 59 praef.; cf. Rush 1941:204).

It is difficult to know whether certain other restrictions imposed on funerary workers at Puteoli were generally applicable or were locally specific. At times the motives underlying them seem to have been contradictory. A clause requir- 142 DEATH AND DISEASE IN THE ANCIENT CITYHope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

ing the undertaker s staff to wear distinctive clothing (a dark-coloured cap, pilleus coloratus), for example, and to refrain from bathing after the first hour of the night, likens funerary workers to those in mourning (AE 1971, 88 II.4–6).

In a sense, their daily contact with death seems to have consigned them to a permanent state of sordidness. A clause from the same paragraph requiring the undertaker’s workmen to be free of disfiguring marks and physical imperfec- tions, on the other hand, points to a very different condition (AE 1971, 88 II.6– 7). As is well known, sacrificial animals were regarded as unsuitable for offer- ing to the gods unless free from blemishes, and certain Roman priests, notably Vestal Virgins, for whom the requirements of purity were especially stringent, had likewise to be physically intact in order to assume their priesthoods (cf.

Dion. Hal. Ant. Rom. 2.21.3; Sen. Contr. 4.2; Gell. 1.12.3; Fronto, p. 142 Van den Hout with Gwyn Morgan 1974). Plutarch remarks upon the obvious similar- ity between the two requirements and speculates that Roman practice forbade bodily imperfections in persons or things involved in sacred matters (Quaest Rom. 73=Mor. 281C; cf. Leviticus 21.16–24). Strictly, in Roman sacral law the business of burying the dead fell under the heading of res religiosae rather than res sacrae, but the evidence from Puteoli suggests that in the matter of physical purity the two spheres overlapped. Whatever the precise implications of this shared concern, nothing could better illustrate the ambivalence of Roman atti- tudes toward those responsible for caring for the dead than the combination of this requirement of physical integrity, which likens workers in the funerary trade to the sort of priests for whom purity was at a premium, and the popular revulsion from their persons, which were regarded as more or less permanently soiled through habitual contact with the dead (cf. Hinard 1995:211).

Executioners Defer, defer to the Lord High Executioner W.S.Gilbert, The Mikado No such ambiguity surrounds the figure of the executioner: the Roman verdict on his status was unequivocal and unanimous. As a purveyor of death, he was both physically abhorrent and religiously dangerous. The latter quality in partic- ular derived from the nature of his work. Whereas all those who handled dead bodies were made unclean by direct contact with decomposing human flesh, executioners bore the additional burden of serving as the instruments of a rite of excommunication from the community. According to an old and well- established principle of Roman penal law, persons condemned to death for violations against the state, and hence for threatening the pax deorum, were devoted to some god or other, usually to the gods of the underworld, so that the DEALING WITH THE DEAD 143Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

Roman people should not suffer divine punishment. The offender became a homo sacer and could be killed with impunity (Dion. Hal. Ant. Rom. 2.10.3; Livy 3.55.5; cf. Mommsen 1899:900–4). Festus notes the paradox that it was not right that the offender be sacrificed to the gods, although, as an outlaw, he could justifiably be killed (Fest. p. 424 L.), and Macrobius explains why this was so: the only way a god could claim retribution from an offender was by taking his soul; thus the execution of a condemned man was simply a means of severing the soul from the body in order to deliver it to the injured party for pun- ishment (Macrob. 3.7.5–7; cf. [Serv.] ad Aen. 10.419; Cantarella 1991:303–5).

The name carnifex, literally ‘meat-maker’ (Donat. ad Ter. Hec. 441; Isid. Etym.

10.49), reflects this conception of the executioner’s role as that of one who sepa- rates spirit from flesh, rendering of a human mere meat (for caro in opposition to anima, cf. OLD s.v. 2b).

As the agent of delivery, the executioner came into contact with a person for- mally exiled from the community; consequently, according to Roman notions of contagion, he was inevitably infected with the pollution of his victim and there- fore, like the victim, had to be shunned. Cicero makes this concept of contagion abundantly clear when he writes, in his defence of C.Rabirius, that he refuses to allow the assembly of the Roman people to be polluted (funestari) by contact with the executioner and declares that the Forum must be purified (expiandum) of his presence (Rab. perd. 11). The same idea underlies the premise of a decla- mation reported by Calpurnius Flaccus in which a son condemned to death by a father exercising patria potestas accepts the sentence but objects to the insult of dying at the hands of the public executioner: let the father slay the victim he has vowed to the household gods, so long as he does not contaminate the law of piety by consigning the act to the vile hand of a contemptible man (Decl. 24 with Sussman 1994:168 ad loc.; cf. Curt. A lex. 8.2.2, detestabile carnificis min- isterium). That this abhorrence of the executioner derived from a perception of his impurity is indicated by an analogy preserved in another declamation of Calpurnius’ and drawn from the same realm of sacrifice: ‘no one takes a victim from a polluted herd (de polluto grege): who will dispatch such a victim? a father? a priest? or an executioner (carnifex)?’ (Decl. 44).

Recognising this perception of the executioner as a carrier of pollution helps to explain why Roman authors so frequently express their revulsion explicitly in terms of avoiding physical contact with his person, and especially with his hands, the most active vehicles of contamination. 10 It also explains why execu- tioners were barred from living in the community. According to Cicero, the regulations of the censors forbade the executioner not only to reside in the city and to frequent the Forum but to look upon the same sky and to breathe the same air as other urban residents (Cic. Rab. perd. 15; cf. § 10). Here we must allow for rhetorical exaggeration. Plautus tells us exactly where the public tor- turers and executioners were to be found: outside the town gates (Plaut. Pseud.

331–2; cf. Mil. 359; Sen. Contr. 1.2.21). Just outside, he implies, whence they could be summoned on short notice. At Rome, it seems a reasonable inference 144 DEATH AND DISEASE IN THE ANCIENT CITYHope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

that the Esquiline Gate is meant (Wiseman 1985:7–8). A place was set aside on the Esquiline for servile punishments—crucifixion, burning alive and precipita- tion from a height—and it was there, it seems, in the vicinity of the puticuli, at a place known as Sessorium, that the corpses of those denied formal burial rites were abandoned to the dogs and birds. 11 Nearby were sandpits where in the time of Sulla a young man from Larinum was murdered (Cic. Clu. 37). No won- der the Romans dedicated an altar of Misfortune in the vicinity (Pliny NH 2.16).

When Martial and Juvenal mention executioners together with corpsebearers (vespillones) and coffin-makers (fabri sandapilarum), they may therefore have been acknowledging a topographical as well as a conceptual connection among them (Mart. 2.61.3–4; Juv. 8.175–6). A confused scholion on Horaces satire about Maecenas’ suburban horti represents executioners actually digging putic- uli in the Esquiline road ([Acro] ad Hor. Sat. 1.8.10). This curious conflation perhaps finds some support in the mortuary arrangements at Puteoli, where the contracting undertaker was obliged to maintain floggers and an executioner on his staff, who were subject to the same living conditions as the other workmen (AE 1971, 88 II.8–14).

But if the Puteolan law illustrates a close and natural association of funerary tradesmen and executioners, it also highlights a fundamental difference between them. It was suggested above that the clause prohibiting funerary workers from bathing after the first hour of the night and requiring them to wear dark caps when in town likens them to persons in mourning: manifest signs of uncleanli- ness set them apart from society at large and from the corpse in particular, which, washed and perfumed and dressed in white, was being separated from the world of the living through a series of purificatory rites (Rush 1941:126–7; Scheid 1984:120–1). The executioner, by contrast, through his contact with a person already divorced from the community of the living by the imposition of a death sentence, is forced to share in the condemned’s outlaw status. Thus he is made to resemble his victim. This seems to be what Festus alludes to when he writes that those who wound themselves mortally are considered to have taken on the role of executioner: the act of a bloody suicide mirrors the assimilation of the carnifex to the condemned in that both executioner and victim are sullied by the killing. 12 At Puteoli a workman ordered to haul away the corpse of an executed crimi- nal with a hook ‘to where there will be more corpses’ was required to dress in red (russatus) and to ring a bell while performing the task (AE 1971, 88 II.13– 14). Both details point to this assimilation. Romans of the classical period would probably have associated garments of the dark brownish hue described by the adjectives russus and russeus with the colour of blood-stains produced in combat. A scholion on the Aeneid tells us that Roman soldiers used to dress in red before entering battle in order to conceal the evidence of wounds and the inevitable bespatterings of blood, whence they came to be called russati, ‘the reddened ones’, or ‘the ones dressed in red’. 13 Whatever the reliability of this testimony, which found its way also into the etymological encyclopedia of DEALING WITH THE DEAD 145Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

Isidore of Seville (Orig. 19–22.10), Tertullian speaks of a soldier being red- dened, russatus, with his own blood (Coron. Mil. 1.3), and we may compare the practice of Roman triumphatores of smearing their faces with earth of Sinope or cinnabar ‘instead of blood’ (anti haimatos) in order to screen their blushes (Tzetzes Epist. 107, p. 86; cf. Chil. 13, 43–4). It seems reasonable to conclude that the Puteolan corpse-dragger’s russet clothing was in some sense perceived to be emblematic of his occupation of butchery. His uniform reflected the condi- tion of his victim: both were the colour of blood.

The corpse-dragger’s bell points to a similar connection. A pair of passages of Plautus shows that the association of executioners with bells was both old and well-established in Roman culture. In Pseudolus, the slave protagonist responds to his master s injunction to prepare for a sacrifice by promising to fetch two ‘butchers with bells’ (lanii…cum tintinnabulis) from beyond the gate to extract the sacrificial blood with birch rods; the context makes it clear that he is referring to the local floggers (Pseud. 331–2). Elsewhere Plautus coins a term tintinnaculi, ‘the ringers’, to refer obliquely to the public executioners and expects his audience to make the identification: so strong was the popular asso- ciation of bells and torturers in his day that no glossing of the new term was required (True. 781–2). A passage of Cassius Dio epitomised by Zonaras illumi- nates the origin of the connection: in explaining why a bell and whip were fastened to the Roman triumphal chariot, Zonaras says that it was customary for those who had been condemned to die to wear a bell, ‘so that no one should approach them as they walked along and become contaminated with pollution’ (Zon. Epit. 7.21). No doubt the bells carried by Plautus’ executioners and the Puteolan corpse-hauler were likewise intended to serve as a defensive precau- tion against accidental pollution. All those involved in the physical separation of a condemned outlaw from the community of the living were tainted, and per- sons who needed or wanted to remain pure were warned away at their approach.

Whether the bells fulfilled their original purpose in Plautus’ time and later, however, is another question. Just as the blare of an ambulance siren nowadays awakens in some a morbid curiosity to rush to the scene of the car wreck, so the executioner’s bell is as likely to have attracted spectators as to have turned them away. Literary testimony makes it clear that the sight of a mangled corpse dragged off by the hook was a popular spectacle, eliciting applause from the crowd (e.g. Cic. Verr. 5.65; Juv. 10.66; Cass. Dio 58.11.5 [Sejanus]; Ovid, Ibis 165; Cat. 108 with Wiseman 1985:6–7). Public gloating over the corpse seems to have satisfied a popular thirst for vengeance (e.g. [Quint.] Decl. Min. 247.18, 274.7) and in some no doubt exacerbated a more primal blood-lust, or at any rate a morbid fascination. Herein lies the essential paradox of the executioner’s role: although he carried pollution and was treated as a pariah, his public per- formances were eagerly viewed. Plato’s anecdote about the reluctant corpse- watcher Leontius provides the classic illustration of this fundamental human conflict between illicit desire and moral revulsion: when returning one day from the Piraeus Leontius encountered an executioner standing over the bodies of 146 DEATH AND DISEASE IN THE ANCIENT CITYHope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

some criminals lying on the ground; unable to resist the urge to stare but dis- gusted by the prospect, he finally rushed over to feast his eyes, cursing them all the while (Rep. 4.439e-440a).

In a Roman context the ambivalence exhibited toward the executioner mani- fested itself in popular attitudes toward gladiators as well, some of whom were called upon to dispatch condemned criminals at the midday shows. As genuine combatants who put their lives at risk, gladiators enjoyed a glamour and roman- tic appeal of which the public executioner had no part (Hopkins 1983:20–7; Barton 1993:11–46); at the same time, their occupation of homicide implicated them in the same pollution as the executioner and reinforced their seclusion from the rest of society (cf. Aigner 1988:201–9). A well-known inscription of late Republican date from Sarsina in Umbria explicitly excludes paid gladiators, suicides by hanging, and ‘those who have practiced a sordid profession’ from burial in a private plot donated to the community (CIL I 2 2123=XI 6528=ILS 7846=1ILLRP 662; cf. Susini 1969; Hope, in this volume). More pointedly, at Rhodes, according to Dio of Prusa, the Rhodians banished gladiators from their community on the grounds that their laws also forbade executioners from enter- ing the city (Dio Chrys. Or. 31.123; cf. Ville 1981:340–1, 462–3). At Rome the residential restrictions imposed on gladiators seem not to have been so severe, but their barracks, at least from the time of Domitian, were constructed in such a way that their inhabitants could move back and forth from their quarters to their place of work, the Flavian amphitheatre, without coming into contact with the general population (Colini and Cozza 1962). This precaution may have been motivated primarily by concerns for the physical safety of the populace, but it served as well to protect the surrounding community from the pollution carried by those engaged in the business of killing.

Conclusion Three views of the Roman conception of death-pollution, which have focused on the provisions made for the burial of the poor at Rome and on the attitudes and behaviour displayed toward the professionals responsible for conducting funerals and performing public executions, illustrate a range of responses.

When it came to disposing of the dead in public facilities, the Romans were con- tent to put aside their religious precepts regarding the sanctity of graves and approached the problem exclusively in terms of pragmatic considerations of hygiene and amenity. In their treatment of undertakers and other workers in the funerary trade, a natural aversion to the physically dirty aspects of their work seems to shade into a more ambivalent recognition of their function as media- tors between the worlds of the living and the dead, a role which links them with those in mourning as fellow participants in the series of purificatory rituals designed to effect the transition from one state to the other. Executioners, as purveyors of death and agents of the formal severing of an outcast from the DEALING WITH THE DEAD 147Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

community, are not only morally abhorrent but religiously impure and thus potentially dangerous vehicles of pollution; and yet, the Roman passion for blood spectacle cast them also in the role of popular entertainers.

What this preliminary investigation suggests, then, is that our approach to understanding Roman ways of dealing with the dead needs to be more alert to ambiguity and ambivalence than it traditionally has been; it should take account of practical as well as spiritual and ‘religious’ considerations as determinants of Roman behaviour; it should recognise the various modes of assimilation and integration of professional and private participants in the mortuary ritual; and it should weigh carefully the competing impulses of revulsion and fascination in its assessment of the popular response to the spectacle of public executions. The view offered here from the bottom up thus presents a more variegated, less sharply defined picture of Roman attitudes than that afforded by our upper-class literary authorities. If it appears less clear and bright than the uplifting images painted by a Polybius or a Cicero, it may nevertheless claim to reflect more truly the grey realities of Roman life, where the graves of the poor were not graves at all, where undertakers and morticians were shunned as unclean, yet played indispensable roles in the purifying rituals that separated the living from the dead, and where executioners resembling their victims were simultaneously objects of loathing and purveyors of entertainment.

Acknowledgements An earlier version of this chapter benefited from the comments of attentive par- ticipants at the conference on ‘Pollution and the Ancient City’ at Exeter Univer- sity and at a meeting of the New England Ancient History Colloquium at Amherst College. I am especially grateful for helpful suggestions to Carlin Bar- ton, Kathleen Coleman, W.T.Loomis and Stephen Todd, and to David Noy for sharing with me his forthcoming essay on Roman cremations gone awry.

NOTES 1 Attempting to identify this most wretched segment of the urban plebs on the basis of the pejorative epithets sometimes applied to it by ancient writers (e.g. plebs sordida, infima plebs, inops vulgus) is fruitless: see Yavetz 1969:141–55. Criminals, suicides by hanging, those who practised dishon- ourable professions, and any who had enemies in power, might fear even worse post-mortem fates: mutilation of their corpses and denial of burial:

see Hope, in this volume.

2 If N=750,000 (= c. 4.25×175,000, a crude average of the estimated popula- tion figures at the beginning and end of the nineteenth century), then, with- out accounting for a higher mortality rate in the denser and larger urban 148 DEATH AND DISEASE IN THE ANCIENT CITYHope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

population of ancient Rome, we arrive at c. 17,000–25,500 deaths annually ((4,000–6,000]×4.25), rising to 51,000 (12,000×4.25) in times of plague.

The bibliography on urban mortality is vast: two volumes of Annales de démographie historique (1962, 1978) provide a conspectus of views on the issue as of twenty years ago, and interest in the topic has grown since then:

see, e.g., Wrigley 1987:147 n. 12.

3 When coffins were used, naturally the capacity of these mass graves was reduced. At one churchyard in central London in 1774 the poor were buried in pits ‘capable of holding three or four coffins abreast and about seven in depth’ (Gittings 1984:64). Prior to the sanitary regulations of the 1840s, common graves in England were often filled with three coffins abreast, stacked twelve deep (Laqueur 1983:116). At Hart Island in New York, where the coffins are set in place by a back hoe, the burial trenches measure forty by fifteen feet in area and ten feet in depth (Conlan 1993:51).

Lanciani’s estimate (1890:65–6) that a section of the trench outside the Ser- vian agger just north of the Esquiline Gate (cf. Bodel 1994:109–10 n. 165) measuring approximately 160×100×30 feet (i.e. 480,000 cubic feet) and filled to the top with corpses contained some 24,000 bodies assumes an improbably large number of cubic feet (20) per corpse. If the density of burials was similar to that found in the mass-grave pits of early modern Europe (c. 7.5–8 cubic feet per corpse), the trench would have held some 60,000 to 64,000 bodies.

4 It is tempting to associate the construction, at precisely the second mile of the Via Prenestina, of the huge, late Republican or early Augustan tumulus tomb (42 metres in diameter) known as the Torrione’ with this decree of the senate: see Pietrangeli 1940. To the best of my knowledge, mass burial pits on the outskirts of Rome are not found again before the Christian era after Constantine, when, for example, a series of pits capable of containing fifty or more corpses was installed in the cemetery of Commodilla: Josi 1950:1626. These pozzi are in any case on a different scale from the vast puticuli of the Republican period.

5 For practices outside Roman towns, see Bodel 1994:81–3. To the arguments there adduced in favour of Pascal’s etymology of cula at Agenn. Urb. Corp.

Agr. p. 47 Th. (below n. 11) from the Greek, koila, ‘underground cavities’, add the testimony of Strabo 8.5.7, discussing the execution pit outside Sparta known as the Kaiadas: ‘some prefer to call such cavernous hollows (koilōmata) “kōoi”, whence the expression “oreskōioi”, “monsters” (see Hom. il. 1.268). From kōoi and koilōmata to koila is an easy route, and the appropriateness of the term in context in Agennius (habent et loca noxiorum poenis destinata) is apparent.

6 See further Thompson 1988:155–7, on the difficulty of discerning the pre- cise functions behind the Greek terms by which Egyptian funerary workers are generally known to us, and Montserrat 1997, on the two stages of Egyp- DEALING WITH THE DEAD 149Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

tian funerals, the peristolē and the kēdeia, describing, respectively, the periods before and after the processing of the corpse.

7CIL I 2 593–94–6 neve quis que praeconium dissignationem libitinamve faciet, dum eorum quidfaciet, in munilcipio coloniapraefectura IIvir(atum) IIIIvir(atum) aliumve quem mag(istratum) petito neve capito neve gerito neve habeto,lneve ibei senator neve decurio neve conscriptus esto neve sen- tentiam dicito.

8 In contemporary Cantonese society, the full purification of death-pollution requires that someone accept money for performing part of the funerary ritual. Specifically, paid surrogates are required to take on voluntarily the baleful effects of ‘killing airs’: cf.Watson 1988:111, 114–15. Livy 7.2.12 implies that attitudes toward actors and acting were governed by a similar distinction: what mattered was whether or not the performers were paid: see Gardner 1993:140.

9AE 1971, 88 II.3–4, Oper(ae) quae at earn r(em) praeparat(ae) er(unt) ne intra turrem ubi hodie lucus est Libit(inae) habitent laventurve ab h(ora) I noctis, neve veniant in oppid(um) nisi mortui tollend(i) conlocand(i)ve aut supplic(i) sumend(i) c(ausa). For the sense of the phrase intra turrem adopted here, see Bodel 1994:95–6 n. 61. Dumont 1995:181–2 believes that the workmen were prohibited from living inside a tower of the town wall, Hinard 1995:208–10 that they were excluded from a grove in an elevated location outside the town.

10 Cf., e.g., Cic. 2 Ver. 5.113 [cf. Sen. Contr. 2.5.2]; Sen. Contr. 1.3.1, 2.3.19, 9.2.3 [cf. Exc. 9.2.1–2]; Ovid, Ibis 165; Val. Max. 6.9–13, 7.2 (Ext.).1, 9.12.6; Sil. Pun. 1.172; Pliny Ep. 4.11.9; Tac. Ann. 6.39.2; Calp. Flacc.

Decl. 24; Apul. Met. 9.1.1; [Quint.] Decl. Min. 277.2 (cf. 277.3), 372.7; Decl. Mai. 11.10. Catullus 97.11–12 invokes an even less clean part of the executioner’s anatomy.

11 Tac. Ann. 15.60.2; Sessorium: [Acro] Hor. Epode 5.100; if the text of Plut.

Galbaad 28.2–3 is emended correctly, those put to death by the emperors were abandoned there. See further Hinard 1987:113–15. The establishment outside Roman towns, near the public facilities for burying the indigent, of specific areas for the punishment of criminals, seems to have been normal:

Agenn. Urb. De controv. agror. (Corp. Agr. p. 47 Th.): habent et res p (ublicae) loca suburbana inopum funeribus destinata, quae loca †cula culi- nas† appellant. Habent et loca noxiorum poenis destinata (see above, n. 5).

12 Paul exc. Fest. p. 56 L. The assimilation of the executioner to his victim is well noted by David 1984:144, who interprets Festus’ remark to mean that the executioner’s corpse, like that of a suicide, is denied burial (so also Aigner 1988:202–3). Professor Kathleen Coleman suggests (per litteras) that someone who commits suicide is like an executioner in that he per- forms a rationally sanctioned act of killing. But among suicides, only those who hanged themselves were regularly denied burial (see Desideri 1995; 150 DEATH AND DISEASE IN THE ANCIENT CITYHope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.

Kyle 1998:131–2, with further references), and the point of Festus’ remark seems to hinge on the verb vulnerare, which implies bloodshed.

13Trosula quae purpura cocoque pretexta conficitur cui idcirco coccum adhi- betur quod russati antea proeliabantur propter vulnera et aspersiones sanguinis, quo posset hoc colors velari, unde russati vocabantur. Preserved in this form in the margin of the Tours manuscript of Servius Danielis (Bern. 165) at Aen. 7.612, the scholion seems to have been known also to Scaliger, who may have acquired its exemplar from Daniel (so Thilo 173). DEALING WITH THE DEAD 151Hope, V. M., & Marshall, E. (Eds.). (2000). Death and disease in the ancient city. Retrieved from http://ebookcentral.proquest.com Created from uwinnipeg on 2019-11-29 13:34:43.