Hostname: page-component-78c5997874-dh8gc Total loading time: 0 Render date: 2024-11-05T08:47:19.625Z Has data issue: false hasContentIssue false

Carrying a patibulum: A Reassessment of Non-Christian Latin Sources

Published online by Cambridge University Press:  05 June 2020

Ruben van Wingerden*
Affiliation:
Tilburg University, Tilburg School of Catholic Theology, Tilburg5000LE, The Netherlands. Email: [email protected]
Rights & Permissions [Opens in a new window]

Abstract

That Jesus carried the horizontal bar of the cross, also named patibulum, is often assumed, and argued by John Granger Cook. Gunnar Samuelsson disagrees, however, and argued that we grope in the dark about the exact nature of the σταυρός that Jesus carried. Both major crucifixion scholars refer in their argumentation to Latin sources in which a patibulum is carried. But these sources have not been thoroughly assessed on their own. In this article the eight Latin sources mentioned in support of the ancient practice are analysed. It is argued that only four of these sources should be counted as referring to ‘traditional’ cross-bearing practices.

Type
Articles
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This is an Open Access article, distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives licence (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is unaltered and is properly cited. The written permission of Cambridge University Press must be obtained for commercial re-use or in order to create a derivative work.
Copyright
Copyright © The Author(s), 2020

1. Introduction

What Jesus’ call to bear one's cross means (in ancient times as well as now) is by no means unambiguous. Sverre Bøe gave in his monograph an extensive overview and discussion of the plethora of interpretations, and there is no scholarly consensus on the interpretation of the sayings.Footnote 1 Besides Jesus’ call, we have also the reports of cross-bearing in the passion narratives.Footnote 2 The general public thinks that Jesus carried the cross-shaped execution tool († or T), influenced by art-history. Yet, on the question of what cross-bearing actually was, there is no clear picture either, at least according to Gunnar Samuelsson, who made a study of the background and significance of the New Testament terminology of crucifixion.Footnote 3 Samuelsson left us in discomfort: in the end we know very little of crucifixion, and very little of Jesus’ crucifixion at that. The same goes for ancient cross-bearing:

However, neither this text [Mark 8.34] nor its gospel parallels offer any further information on which punishment they refer to or what the condemned carried. Neither do the five (possibly seven) extra-Biblical texts that might describe a similar custom solve the problem. It could not be decided whether the carrying of the device was a separate punishment (the carried device left aside) or a prelude to the coming suspension (the carried device attached to the suspension tool or being the whole suspension tool).Footnote 4

It is often assumed that we know what it was that Jesus carried, while not discussing the relevant terminology. Carrying a patibulum is often equated with carrying a σταυρός, without proper discussion.Footnote 5 Samuelsson, however, has met opposition in John Granger Cook, who has also written a study of crucifixion in the ancient Mediterranean world. The latter critiques the former on a number of issues, and the main point is that it is not altogether unclear what crucifixion was. Cook also discusses what a patibulum was, and its relation to carrying a σταυρός.Footnote 6 Most of the preface to his revised edition is dedicated to the critique of Samuelsson.Footnote 7

In this article I will focus on the Latin texts on cross-bearing (or, the carrying of the patibulum) that Samuelsson, Cook and others use in the discussions about crucifixion terminology. Supposed Greek texts on cross-bearing will be treated separately in another article (for reasons of space), yet the following applies to the Latin as well as the Greek texts: a systematic and critical analysis of cross-bearing in antiquity is missing in current scholarship, with Samuelsson and Cook – and to a lesser extent Bøe – having discussed most texts somewhat (although not as a main object of study).Footnote 8 The present study is occasionally aided by resorting to the semantic and interpretational theory of Umberto Eco (1932–2016),Footnote 9 which I will use to show that interpreting involves more than isolating a text. Often Samuelsson's views on the cross-bearing sources contrast with those of Cook, and therefore I mainly interact with these two scholars, but other (recent) works on crucifixion are treated as well.

While this goes too far to go deep into the discussion here, it suffices to say that prior to the Christian usage of both termsFootnote 10, a crux was never carried, and a patibulum could be the object that was carried in an ancient Roman penal context. However, the term patibulum was also used sometimes to designate the whole of the execution device. Cook has sufficiently demonstrated that while the crux was sometimes the upright post of suspension, the patibulum was never only an upright post, but always either a horizontal beam fastened to an upright pole, or a separate horizontal beam (the object to be carried).Footnote 11 And here our interest lies with those texts that contain the term patibulum in combination with verbs of the semantic domain ‘carry’, ‘bear’, as the ‘traditional’ view is that the Latin equivalent for σταυρός (in the case of carrying a torture object) is patibulum.

The following eight Latin sources will be discussed:

  • Plautus, Bacch. 361–2; Carb. fr. 2; Mil. glor. 358–60; Most. 55–7

  • Clodius Licinus, Rer. Rom. 21

  • Lex Puteolana ii.8–10

  • Firmicus Maternus, Math. 6.31.58

  • Macrobius, Sat. 1.11.3–5

2. Plautus

The playwright Titus Maccius Plautus (ca. 250–184 bce) has left us about twenty extant plays. In his plays, (clever) slaves are given prominent rolesFootnote 12 and are often threatened with severe punishments. Moreover, the plays give insight into Roman popular culture. Several passages of Plautus’ plays have been connected to the traditional idea of ‘cross-bearing’: Bacchides, Carbonaria, Miles gloriosus, Mostellaria. It is, however, important to note that although ‘Plautus is not a reliable source for Roman social history’,Footnote 13 the characters certainly show awareness of real-life situations, as a slave owner really could inflict corporeal punishments on slaves, or even execute them.Footnote 14

2.1 Bacch. 361–2

Plautus's play Bacchides is sometimes mentioned as a possible reference to cross-bearing.Footnote 15 This play revolves around two sisters called Bacchis and the misunderstandings surrounding their life. The play's setting is Athens and Plautus’ frequent ploy of slaves outwitting their masters is present here as well. One of these slaves is called Chrysalus. He is ordered to extort money from his own old master Nicobulus. When he fears his master's return, the slave comments:

… quid mihi fiet postea?
credo hercle adueniens nomen mutabit mihi
facietque extemplo Crucisalum me ex Chrysalo.
(Plautus, Bacch. 360–2)

What will happen to me then? By Hercules, I believe he will change my name when he gets back and make me Crossalus from Chrysalus, without delay.Footnote 16

Chrysalus, or Plautus, makes a very clever wordplay. Instead of Chrysalus (derived of the Greek χρυσός = gold and hence the name Χρυσάλος) he will be called Crucisalus (derived from the Latin crux). This kind of wordplay occurs often in Plautus’ plays.Footnote 17 Martin Hengel notes on the transformation that ‘instead of a “gold-bearer” he will be a “cross-bearer”; that is, he will have to drag his cross to the place of execution’.Footnote 18 Bøe agrees and notes that ‘we are very close to our topic of cross-bearing’.Footnote 19 There is, however, a difficulty with the translation of both as ‘cross-bearer’. Most would translate the wordplay Crucisalum as a portmanteau,Footnote 20 the blending of crux and the verb salio, ‘jumping’ or ‘leaping’. Cook translates Chrysalus with ‘gold dancer’, and remarks upon using this translation that ‘[p]resumably dancing or struggling on a cross was fatal’.Footnote 21 Eva Cantarella even supposes that the condemned were sometimes forced to climb upon the cross themselves (jumping and writhing), but offers no substantiation for her claim.Footnote 22 It seems, however, that the name Chrysalus can be explained by the Greek Χρυσάλος, a name-variation on the noun χρυσός (‘gold’), Latinised as Chrysalus. Even if Chrysalus is a Latin form, it could just as easily be explained by the suffix -lus (nominative)/-lo (ablative), which is used to form a diminutive of the noun χρυσός, and not necessarily as a compound word, and not by the verb salio.Footnote 23 It seems then, that Barsby is right in translating Chrysalus with ‘Golden Boy’.Footnote 24 However, that modern commentators translate Crucisalus as dancing or jumping is not strange; for the name could also refer to the Salii (from the verb salio), the priesthood that held dances (mainly in March, at the Quinquatrus).Footnote 25 One could infer that like the dancers in procession make jumps etc., the cross-dancer does so with a crux on his back, or, as others already have suggested, writhing and moving on the crux. But there is no ground for that line of thought. It seems inconsistent with Plautus’ other references to carrying a patibulum. We therefore see no ground for referring to Bacch. 361–2 when it comes to cross-bearing. If it were a reference, it would also be the only text referring to carrying a crux, which is nowhere found in non-Christian Latin sources.

2.2 Carb. fr. 2

There are three fragments of Plautus’ so-called ‘Charcoal Play’. The fragment often quoted in support of the ancient practice of cross-bearing is found in De compendiosa doctrina of Nonius (4th/5th cent. ce), book 3 under the entry patibulum.Footnote 26 The text from the play reads as follows:

Patibulum ferat per urbem, deinde affigaturFootnote 27 cruci.
(Plautus, Carb. fr. 2)

Let him carry the patibulum through the city, let him thereafter be fastened to the cross.Footnote 28

The text is construed in an irrealis mood (subjunctive), in which the wish is expressed that a certain person should carry a patibulum through the city, thereupon (deinde) to be fixed to the crux. Samuelsson notes that

Plautus does not say that the patibulum was necessarily an intended part of the crux – that the patibulum was subsequently attached to the crux. The carrying of patibulum might as well be a separate punishment – an example of a degrading act similar to that of carrying a furca. If this is the case, Plautus describes two punishments. First, a walk in disgrace which ended with the removal of the patibulum (perhaps then handed over to another victim of the humiliating walk). Second, Plautus relates that ‘thereafter’ (deinde) some kind of attaching – of the victim – to a crux occurred. The above-mentioned texts which contain patibulum do not contradict this reading.Footnote 29

While this is true in the sense that Plautus does not have the character say ‘and together with the patibulum he is affixed to the crux’, this is clearly implied.Footnote 30 As we will see with Clodius Licinus’ fragment below, texts do not give all information, but rely on intertextual frames. There is no reason to indicate that the patibulum was removed, at least at no point do we have evidence of that.Footnote 31 It is in my opinion correctly referred to when speaking of cross-bearing in the classical sense.

2.3 Mil. glor. 358–60

Plautus’ play Miles gloriosus (also called ‘The Braggart Soldier’) is set in Athens and Ephesus and its composition is dated to the last decade of the third century bce.Footnote 32 It is believed to be adapted from a Greek original.Footnote 33 The play revolves around the two lovers Pleusicles and Philocomasium. Philocomasium is abducted and held captive by Pyrgopolinices and his slave Sceledrus. Pleusicles’ slave Palaestrio devises a plan, and Sceledrus suspects a trick: he stands in the doorway so that he cannot be fooled by Palaestrio (lines 346–52). In that moment there is a short dialogue between the two slaves which is often referred to in relation to cross-bearing:

Pa. quid ais tu, Sceledre? Sc. hanc rem gero. habeo auris, loquere quiduis.
Pa. credo ego istoc exemplo tibi esse pereundum extra portam,
dispessis manibus, patibulum quom habebis.
(Plautus, Mil. glor. 358–60)

Pa. What do you say, Sceledrus? Sc. I have this job. I have ears, speak what you will. Pa. You'll soon have to trudge out beyond the gate with outspread arms in that attitude, I take it, when you will have the patibulum.Footnote 34

Samuelsson acknowledges that the text ‘refers to a punishment in which the arms were stretched out and that a patibulum was carried’.Footnote 35 He does not agree that the ‘traditional’ view on patibulum is correct here,Footnote 36 for it might be a synonym for crux because the slave responds in 372 that he knows that the crux will be his tomb.Footnote 37 Another possibility is that the words are not connected at all and, somewhat cryptically, ‘may refer to two different – and complete – punishment tools’.Footnote 38 It is clear from the text that the outstretching of the hands is something that caused Palaestrio (or Plautus) to associate it with the patibulum (which in its etymology has horizontal connotations).Footnote 39 It is, however, unlikely that Sceledrus refers to a different form of punishment altogether, if he is framed just before by Palaestrio. It seems right to assume a relation between a patibulum and a crux, despite Samuelsson's warning that ‘[w]ith a slight amount of imagination the shape of crucifixion in the traditional sense is easily perceived’.Footnote 40 While with the reading esse pereundum it is not clear that Sceledrus would have to carry the patibulum through the gate,Footnote 41 the variant eundum would clearly imply that (i.e. the verb eo combined with extra portam).Footnote 42 Unfortunately, Hammond, Mack and Moskalew claim that it is improbable that there was one original, as Plautus would not have prepared the scripts for publication.Footnote 43 Whether Plautus’ Mil. glor. 358–60 is to be counted as a ‘traditional’ instance of cross-bearing is defined by which reading one adopts.

2.4 Most. 55–7

Plautus’ Mostellaria, or ‘The Ghost’ (from mostellum), probably belongs to the later plays of Plautus.Footnote 44 Like the previously discussed plays it contains a slave as a main character, here called Tranio. Theopropides (Tranio's master) is away on business, and his son Philolaches and his lover Philematium squander Theopropides’ money on lavish feasts. Tranio convinces Theopropides that the house is haunted, so that the family had to move out. Meanwhile, the party continues. Tranio gets himself into trouble with his master when he needs an alternative house to make his story convincing. At the start of the play, Tranio finds Grumio, the honest slave who works at the farm, looking for him. Grumio curses Tranio's cunning and crooked nature and there we find a passage that is often quoted to support claims of cross-bearing:

O carnuficium cribrum, quod credo fore,
ita te forabunt patibulatum per uias
stimulis <carnufices>, huc si reueniat senex.
(Plautus, Most. 55–7)

Oh, riddle the executioner, I guess it will be thus when the executioners will bore you with goads – patibulated – through the streets, when the old man comes back here.Footnote 45

The word patibulatus is very rare and is derived from the noun patibulum.Footnote 46 Accordingly, it conveys the meaning of ‘fastened to a yoke or gibbet’.Footnote 47 It seems that Grumio wishes the following to Tranio: that he will become ‘patibulated’, that is, tied to a patibulum, and led through the streets while being tortured by carnufices. Samuelsson refers to this text as evidence that corpses were tied to patibula, but a critical discussion of Most. 55–7 is absent.Footnote 48 While Grumio is not explicit about whether Tranio should be dead already while being poked by his executioners, it is more likely that he is alive, otherwise the ‘boring’ or ‘piercing’ would not hurt, which is clearly the intent of Grumio.Footnote 49 It is simpler to assume that Plautus’ play is referring to a living person attached to a patibulum, for it is easier to understand a living person's body being pierced as way of torture than a corpse being subjected to this as a sort of post-mortem sadism.Footnote 50 Grumio's wish reminds us strongly of Dionysius of Halicarnassus’ report of a slave who is tortured while carrying a torture device.Footnote 51 Although this passage lacks the context of crux-terminology or references, later on in the play Tranio mentions the crux at various times as a threat,Footnote 52 but it remains unclear whether we can see this threat as a prelude to crucifixion (i.e. crux-terminology). We can say that the individual was supposed to be ‘patibulated’, and thus carried a patibulum, but one should be cautious of counting Most. 55–7 as a reference to the historical practice of cross-bearing as a prelude to crucifixion, for that crucifixion context is absent, although it is probably implied. Whether carrying a patibulum was a separate punishment is unknown.Footnote 53

3. Clodius Licinus, Rer. Rom. 21

A fragment of Clodius Licinus’Footnote 54Libri rerum Romanarum is often mentioned as evidence for the ancient practice of cross-bearing.Footnote 55 The opinions of Samuelsson and Cook on the usefulness of this fragment for crucifixion terminology are contrasting: Samuelsson on the one hand acknowledges that this text would have been rather important for the relation between patibulum and crux, had it not been unlikely that a human was the object of the neuter participle deligata.Footnote 56 Cook, on the other hand, rejects the reading of the participle and reads a third person singular present active (deligat). Cook sees this text as evidence for the patibulum as ‘the horizontal part of the cross’.Footnote 57 Both authors adopt different readings, which seem to suit their purposes.

Let us take a closer look at ‘the’ text. The fragment itself is very short and is found in De compendiosa doctrina of Nonius (4th/5th cent. ce), book 3 under the entry patibulum, where we also located the fragment from Plautus’ Carbonaria. Footnote 58 The fragment is introduced by Nonius as being Licinius’ and reads:

Deligat{a} ad patibulos. deligantur et circumferuntur, cruci defiguntur.Footnote 59
Fastened to a patibulum. They are fastened and led around and then nailed to the cross.

The brackets indicate the problem. The manuscript evidence is in favour of deligata,Footnote 60 but almost all critical scholars have made conjectures, because of the awkwardness of the polyptoton.Footnote 61 Justus Lipsius has the most economical reading, for he deleted the participle, reading ad patibulos deligantur et circumferuntur, cruci defiguntur. Footnote 62 Several others have suggested deligat instead of deligata.Footnote 63 In the recent edition of the fragments of the Roman historians by Tim Cornell, deligata is dropped.Footnote 64 Cook follows Lindsay in the conjecture deligat, but on what basis is unknown.Footnote 65

Samuelsson displays no knowledge of the critical editions in which the fragments of the Roman historian Clodius Licinus are found. Had he known them, he would have noticed that the participle deligata is rejected by most scholars as not original, as mentioned above, and this would have complicated his argument. Moreover, to label the fragment unimportant because the participle renders a human object unlikely is a rather strange idea. For what else than animate objects are crucified or tied to a crux? Some animals are reported to have been crucified (dogs: supplicia canum,Footnote 66 and in one known instance, lionsFootnote 67), but they are not neuter either and the term patibulum is not used in these texts. It would have been a rare sight indeed to see a dog or a lion carrying a patibulum. Further evidence from the ancient Mediterranean world suggests that there is only one figure which could carry a patibulum, or a σταυρός for that matter, namely, a human figure.Footnote 68 The mistake Samuelsson makes, in my opinion, is going over the circumstantial evidence too quickly, and equally unhelpful is his silence on an alternative of what is meant, or what could have been crucified, for that matter (e.g. by resorting to parallels). One the one hand, Samuelsson is right to conclude that ‘the’ text provides little ‘hard philological’ information such as he seeks, but on the other hand, there is much to be gained by a more semantic and intertextual approach. It seems that to me Samuelsson's approach to this text is too atomistic.

But whatever the form of the verb is, deligata, deligat or any other, there is another problem in Clodius Licinus’ text provided by Nonius. This is clearly visible in the different translations of both Samuelsson and Cook.

Firstly, one can see the assumption of Cook that the objects of the verb are human beings, and although we find this reasonably plausible, it is rather curious that a complete subject (noun) is inserted in the translation. Secondly, and this is why we are considering both translations, the verb circumferuntur causes problems. This is not only so in the translations of Samuelsson and Cook; several others have suggested that it must have been an active voice, and suggested circumferunt, instead of the passive circumferuntur.Footnote 71 This interpretation is probably influenced by other texts, in which the evidence seems to be that not the people were carried, but the patibula.Footnote 72 What we see here is thus an inference, based on other textual evidence from Roman antiquity. This is what we would call with Umberto Eco ‘encyclopaedic knowledge’: interpreters resort to known ‘frames’ (other texts) or ‘scenarios’ and common and specific knowledge from which they make certain assumptions to understand the text. This resorting to other texts and frames what Umberto Eco called ‘inferential walks’.Footnote 73 We figure that, if someone or something does y in a certain situation, then we infer that, when a comparable situation occurs, someone or something does y again. I would argue that, on the basis of other texts in which the figure carrying the cross is a human being, this will be the case here as well, unless textual operators deny this. One could argue that the participle deligata is such an operator, but it can be countered that in no known ‘encyclopaedia’ (no other knowledge, no other textual data) would some creature other than a human have to carry a patibulum and be attached to a crux. With this strategy, one should interpret Clodius Licinus’ fragment as referring very probably to human beings.

While Samuelsson stays close to the stem of the verb (fer- = carrying), Cook uses a somewhat less familiar translation of circumferuntur, ‘to lead around’.Footnote 74 Thus, the ambiguity is solved: the people who are fastened to a patibulum are led around, apparently still attached to the patibulum; they are carrying it, and it is not the people who are carried around. In Samuelsson's translation it is unclear what it is that is carried around (it could be the patibula, or the ‘they’ could equally refer to otherwise unknown objects).Footnote 75

Samuelsson is reluctant to connect the second clause to the first, so that the object (whether human or not) is not necessarily attached to the crux while attached to a patibulum, implying that carrying the patibulum was not necessarily a part of crucifixion.Footnote 76 Cook seems to react to this in his work by stating:

At no point in either text [i.e. Plautus, Carb. fr. 2 and Clodius Licinus, Rer. Rom. fr. 3] does the author say that the victim was released from the patibulum and then attached to the cross (crux, probably ‘beam’ in this context) without the patibulum. Of course, it is possible that in some cases the condemned were temporarily released from the patibula which were subsequently lashed to the vertical posts.Footnote 77

Texts are, by definition, lazy operators: they do not give all their information, but leave most of the work to the reader who has to ‘activate’ relevant information regarding the lexicographic and contextual input (s)he gets, while ‘narcoticising’ the less important information.Footnote 78 In this case, that a clause is not to be connected to another seems unrealistic if they follow up upon each other; it is implied. Furthermore, Nonius seems to imply that the clauses belong together. It is natural to see the second clause follow up the first one, as Cook and Cornell show in their translations by adding the temporal then to explicate the relation between the two clauses.Footnote 79 We therefore should regard this source as a ‘classical’ example of cross-bearing.

4. Lex Puteolana ii.8–10

The inscription from the Augustan period known as the Lex Puteolana, from the ancient city of Puteoli, was offered as evidence for carrying a patibulum by John Granger Cook in a 2008 article.Footnote 80 The text was reconstructed and commented upon in 2003 by François Hinard and Jean Christian Dumont.Footnote 81 The orthography leaves room for various interpretations. Column ii contains the lines which would support the practice of carrying a patibulum; it is reconstructed as follows:

8 Qui supplic(ium) de ser(uo) seruaue priuatim sumer(e) uolet uti is {qui} sumi uolet, ita supplic(ium) sumet; si in cruc(em) | 9 patibul(…) agere uolet redempt(or) asser(es) uincul(a) restes uerberatorib(us) et uerberator(es) praeber(e) d(ebeto), et | 10 quisq(uis) supplic(ium) sumet pro oper(is) sing(ulis) quae patibul(um) ferunt uerberatorib(us)q(ue) item carnif(ice) HS IIII d(are) d(ebeto) | uacat

Whoever will want to exact punishment on a male slave or female slave at private expense, as he [the owner] who wants the [punishment] to be inflicted, he [the contractor] exacts the punishment in this manner: if he wants [him] to lead the patibul… to the cross (vertical beam), the contractor will have to provide wooden posts, chains, and cords for the floggers and the floggers themselves. And anyone who will want to exact punishment will have to give four sesterces for each of the workers who bring the patibulum and for the floggers and also for the executioner.Footnote 82

In 2003 Hinard and Dumont argued that patibul… agere should be reconstructed as patibulum agere and not patibulatum agere.Footnote 83 They show that other words with -atus have been abbreviated, but that one cannot but read patibulum at ii.10.Footnote 84 So, did the engraver use different forms of abbreviation at different times? Hinard deems this implausible, and supposes that through synecdoche (the use of patibulum instead of crux when crux is meant)Footnote 85 confusion arose and suggests that there was an omission ‘d'un mot <cum > patibul(o), patibul(o) ou patibul(um), patibul(um) <ferentem>’ because ‘l'inscription comporte des fautes plus graves’.Footnote 86 Cook, however, argues that a conjecture is unnecessary, because ‘[t]here is no inherent probability of a morphological change between the two lines [i.e. lines 9 and 10]’Footnote 87 and implies the use of different abbreviation styles: ‘“Patibul(um) agere” is ambiguous. It may refer to the victim carrying the horizontal piece of the cross, or it may refer to the workers as the expression (quae patibul[um] ferunt) in ii.10 clearly does. What may be happening is this: the slave carries the patibulum while the workers drive him/her on.’Footnote 88 Cook's interpretation is informed by the other ‘cross-bearing’ texts that Samuelsson disregards.Footnote 89 Samuelsson dismisses this source as attesting to cross-bearing by appealing to three aspects: the uncertain case ending of patibulum makes it difficult to decide who is carrying the patibulum; the acquiring of pitch, wax and candles further on (Lex Puteolana ii.12–14) does not conform to a classical view of crucifixion; and the other cross-bearing texts are ambiguous. As a result, the overall ‘picture becomes blurred’.Footnote 90 Samuelsson seems, however, unaware that John Bodel had already shown that lines 8–10 were written for citizens (priuatim, line 8) and 11–14 for magistrates (magistrat(us) public(e), line 11) who executed punishment in general.Footnote 91 Furthermore, Cook rightly argues that one does not lead a patibulum to a crux, but that the condemned is led to a crux: the occurrence of agere in crucem is common, while ago never has patibulum as its object.Footnote 92 Cook argues thus for patibulatum in line 9 and patibulum in line 10: it is the ‘patibulated’ individual who is led to the cross; the magistrate must make sure that he provides the material himself, and he must pay the workers who are part of the kind of undertaking ‘guild’Footnote 93 and who bring the patibulum to the magistrate:Footnote 94Ferre implies that the workers carried the patibulum, presumably to the slave who was then attached to it and led to the beam/cross while being flogged.’Footnote 95 To sum up, if Cook's reading is correct, then this is another instance that speaks of individuals carrying a patibulum to the crux.

5. Firmicus Maternus, Math. 6.31.58

The Latin writer Firmicus Maternus was born in Syracuse around 300–310 ce.Footnote 96 He wrote his Mathesis around 337, before De errore profanarum religionum, an apology for the Christian faith, probably under the influence of the anti-pagan legislation of Constans in 341. The Mathesis is an astrological work, an aide-memoire and mostly an instruction to beginning practitioners.Footnote 97 The remaining manuscripts, not earlier than the eleventh century ce, are based on an archetype; the critical text is in turn based on these manuscripts.Footnote 98 One passage from Firmicus Maternus’ Mathesis is discussed with regard to cross-bearing:Footnote 99

si uero cum his Saturnus fuerit inuentus, ipse nobis exitium mortis ostendit. nam in istis facinoribus deprehensus seuera animaduertentis sententia patibulo subfixus in crucem tollitur.

But if Saturn is found in conjunction with these, it shows us a deadly fate. For he who is detected in such crimes is punished with a severe sentence; fastened to the patibulum, he is raised on a cross.Footnote 100

There are some text-critical issues in this passage. Three of the four most important manuscripts omit in after nam Footnote 101 and colligitur is found instead of tollitur.Footnote 102 In other places, however, Firmicus uses tollitur with crux and in our passage it is the most likely form.Footnote 103 Cook states that the text is evidence of an individual ‘bringing a patibulum to a crux’.Footnote 104 Now this could certainly be the case, although the text only states that the person is fastened (subfixus) to a patibulum and lifted/raised on a crux, and not that the person carried a patibulum. A person could as well be affixed to a patibulum at the execution site and there elevated onto the vertical post. Moreover, this is not a report of an actual crucifixion but of astrological practices, and it is uncertain that it reflected Roman practices of crucifixion (which might have been abolished by the time Firmicus wroteFootnote 105). It is impossible to retrace Firmicus’ thoughts on whether the patibulum was carried before the crucifixion. This text does give evidence that patibulum and crux are two separate objects that are fixed together and, logically, it seems that to affix someone to a beam to be raised on another beam/stake means that a T-form, or a †-form, is constructed.

6. Macrobius, Sat. 1.11.3–5

Recent scholarship has reason to believe that Macrobius (4th–5th cent. ce) was praetorian prefect of Italy in 430 ce and a Christian, one who was learned in classical literature.Footnote 106 He wrote the Saturnalia, an encyclopaedic text which discusses a wide range of topics in the form of a dialogue set in ca. 383 ce.Footnote 107 Cook discusses a passage of the Saturnalia relating to cross-bearing in his work, and he is to my knowledge the only one who connects this text to carrying a patibulum.Footnote 108 The passage is part of a discussion on whether the gods care about slaves or not. Praetextatus shows his conversation partner Evangelus that slaves are important in the eyes of the gods by the following example, drawn from the events and misfortunes of the Romans in about 491 bce:

3. anno enim post Romam conditam quadringentesimo septuagesimo quarto Autronius quidam Maximus servum suum verberatum patibuloque constrictum ante spectaculi commissionem per circum egit: ob quam causam indignatus Iuppiter Annio cuidam per quietem imperavit ut senatui nuntiaret non sibi placuisse plenum crudelitatis admissum. 4. quo dissimulante filium ipsius mors repentina consumpsit, ac post secundam denuntiationem ob eandem neglegentiam ipse quoque in subitam corporis debilitatem solutus est. sic demum ex consilio amicorum lectica delatus senatui rettulit et vix consummato sermone, sine mora recuperata bona valitudine, curia pedibus egressus est. 5. ex senatus itaque consulto et Maenia lege ad propitiandum Iovem additus est illis Circensibus dies, isque instauraticius dictus est non a patibulo, ut quidam putant, Graeco nomine ἀπὸ τοῦ σταυροῦ, sed a redintegratione, ut Varroni placet, qui instaurare ait esse instar novare.

3. In the four hundred seventy-fourth year after Rome's founding a certain Autronius Maximus beat his slave, tied him to a gibbet, then drove him through the Circus before the start of the show. Outraged at this, Jupiter ordered a certain Annius, in a dream, to tell the senate that he was displeased by such a cruel offense. 4. When Annius kept the vision to himself, his own son suddenly died, and after disregarding a second message, he himself suddenly became enfeebled. At long last, heeding the advice of friends, he had himself carried in a litter to the senate, where he told the whole story: he had scarcely finished when his health was immediately restored and he was able to leave the curia on his own two feet. 5. So by decree of the senate and the law of Maenius a day was added to the Circus Games, to propitiate Jupiter: it is called the dies instauricius, not (as some think) from the gibbet – that is, stauros in Greek– but from the act of making whole again, as Varro holds (fr. 430 GRF 1:362), noting that instaurare means ‘to replace the equivalent amount’ [instar novare].Footnote 109

Cook himself seems not to be interested in what the carried object was, but mentions that it is possible that Macrobius thought that ‘the slave was forced to carry a horizontal bar’.Footnote 110 He is right in asserting that for Macrobius, the Greek σταυρός is the equivalent of patibulum, and even gives evidence that glossaries saw these terms as equivalent.Footnote 111 Cook acknowledges that ‘[m]ost other authors who tell the story call the object carried by the slave a furcaFootnote 112 as well as that the subsequent execution of the slave is unmentioned (yet other classical authors do mention it). Indeed, this event in Roman history has often been described, and Macrobius’ version with a patibulum is in the minority: Arnobius is the only other source to mention a patibulum in this context.Footnote 113 Yet, the form of execution of the slave is unknown. It could easily be inferred that it was crucifixion, as Roman slaves were often paraded around and crucified. But why would Macrobius use patibulum if the majority of the versions relate that the slave carried a furca? There can be several reasons. First, Macrobius could have borrowed the term from Arnobius, but that would simply pass the question on to Arnobius, and one would have to find evidence that Macrobius knew Arnobius’ work. Moreover, Macrobius’ version has more similarities with Dionysius of Halicarnassus, Ant. Rom. 7.69, or Valerius Maximus 1.7.4. Another reason could be that furca and patibulum were already relatively technical and rare terms, and sometimes confused, but that does not answer the question why Macrobius would use patibulum instead of furca. A third reason might be found in resolving the assumed misconception around the dies instauraticius and its supposed relationship with σταυρός. This small comment seems misplaced in the dialogue (as it has nothing to do with divine concern for slaves), but can easily be counted among those facts Marcrobius wants his readers to know (cf. Praef. 4). Perhaps Macrobius thus used the apparent equivalent of σταυρός that was sometimes carried (patibulum).Footnote 114 With this he could easily explain the apparent misconception. Moreover, it shows his eruditeness, as he explicitly refers to Varro (although the intended passage of Varro is lostFootnote 115). Although we concede that Macrobius conceived of a person carrying a patibulum, we conclude that this is not necessarily a reference to cross-bearing, because the evidence in describing the event points to the use of a furca instead of a patibulum.Footnote 116 Moreover, a crucifixion context is missing as well.

7. Cross-Bearing Sources Reassessed

The interpretation of (ancient) texts is an arduous task. Often different options are available, especially if large parts of context are missing such as in ancient fragments or descriptions from a time not close to our own and from a culture with customs and ritual strange to us. The two great crucifixion scholars John Granger Cook and Gunnar Samuelsson disagree on many issues surrounding crucifixion, as well on ancient sources that supposedly speak of cross-bearing. I have shown that sometimes the Latin evidence for a ‘classical’ view on cross-bearing is exaggerated, and sometimes it is undervalued. In some cases there was no definitive answer as to whether a source referred to cross-bearing or not. In this I hope to have presented a balanced view. To sum up, of the eight Latin sources put forward as evidence, I would argue that cross-bearing in the ‘classical’ sense of carrying a patibulum is found in Plautus, Carb. fr. 2, possibly Mil. glor. 358–60, Clodius Licinus, Rer. Rom. 21,Footnote 117 as well as the Lex Puteolana ii.8–10. These four sources stretch from the third century bce to the start of the first century ce, and the authors and inscription are situated/found in/around Rome. We must be hesitant to draw a general picture of crucifixion from these sources, but at least some of them testify to individuals carrying the patibulum towards the place of crucifixion. We may carefully assume a common knowledge in/around Rome, but how cross-bearing was rooted in practice in other parts of the Republic and early Empire is less certain. We still know very little about the patibulum, the range of its dimensions, or how it was fastened to either the condemned or the upright post. This shows how limited textual study is: people might have known exactly what crucifixion involved; how it was done might have ‘been in the air’ so to speak, but we are left with fragments and incomplete knowledge. It is vital to look further, not only to the non-Christian Greek sources which speak of carrying a σταυρός – which I intend to do elsewhere – but also to the reception of cross-bearing terminology of the Gospels in Early Christianity, which too may shed light on the cross-bearing sayings.

References

1 Bøe, S., Cross-Bearing in Luke (WUNT ii/278; Tübingen: Mohr Siebeck, 2010) 1449CrossRefGoogle Scholar. The sayings are found in Mark 8.34, Matt 16.24 and Luke 9.23, with its Markan version reading: εἴ τις θέλει ὀπίσω μου ἀκολουθεῖν, ἀπαρνησάσθω ἑαυτὸν καὶ ἀράτω τὸν σταυρὸν αὐτοῦ καὶ ἀκολουθείτω μοι. Then there is a common tradition found in Matt 10.38, Luke 14.27 and Gospel of Thomas 55 in which the saying is found in a negatively formulated form (e.g. ‘whoever does not … is not worthy of me/cannot be my disciple’).

2 Simon picking up the cross (Mark 15.21; Matt 27.31; Luke 23.26) and Jesus carrying his own cross (John 19.17).

3 Samuelsson, G., Crucifixion in Antiquity: An Inquiry into the Background and Significance of the New Testament Terminology of Crucifixion (WUNT ii/310; Tübingen: Mohr Siebeck, 2013 2 [2011])CrossRefGoogle Scholar.

4 Samuelsson, Crucifixion, 241–2.

5 J. G. Cook has done so: Cook, J. G., Crucifixion in the Mediterranean World (WUNT 327; Tübingen: Mohr Siebeck, 2014) 1632CrossRefGoogle Scholar.

6 Cook, Crucifixion, 28–32.

7 Cook, J. G., Crucifixion in the Mediterranean World (2nd, extended edn; WUNT 327; Tübingen: Mohr Siebeck, 2018) xvii–xxxiGoogle Scholar.

8 See Cook, Crucifixion, who has not a single chapter or paragraph on cross-bearing. The study of cross-bearing texts is understandably integrated in the larger discussion on terminology, although it is a pity that no critical discussion exists of cross-bearing as such. Bøe, Cross-Bearing, 63–71 contains a short overview of several texts that are deemed to refer to cross-bearing, but it is very limited. The more recent work by D. W. Chapman and E. J. Schnabel, The Trial and Crucifixion of Jesus: Texts and Commentary (WUNT 344; Tübingen: Mohr Siebeck, 2015) 282–92 contains a paragraph on cross-bearing texts as well, but the aim there is not to assess the texts critically but to give a translation and commentary. See also P. Cristoforo Iavicoli, La crocifissione nell'ambiente ebraico (ed. A. de Simone; Florence: MEF Firenze Atheneum, 2006) 374–6 with a very brief and uncritical survey.

9 Mainly drawn from U. Eco, Lector in fabula: la cooperazione interpretativa nei testi narrativi (Milan: Bompiani, 1979), which was partially translated into English: U. Eco, The Role of the Reader: Explorations in the Semiotics of Texts (Bloomington, IN: Indiana University Press, 1979).

10 For a short discussion of Christian usage of patibulum, see Cook, Crucifixion, 26–8.

11 See Cook, Crucifixion, 15–44. For an example of the horizontalness of the patibulum, see R. van Wingerden, ‘Horizontal or Not? The Patibulum in Sallust, Hist. 3 Frg. 9’, Biblica 99 (2018) 592–9.

12 On Plautus and slaves, see e.g. K. McCarthy, Slaves, Masters, and the Art of Authority in Plautine Comedy (Princeton: Princeton University Press, 2009); R. Steward, Plautus and Roman Slavery (Chichester: Wiley & Sons Ltd., 2012); for slavery in Greek comedy, e.g. B. Akrigg and R. Tordoff, eds., Slaves and Slavery in Ancient Greek Comic Drama (Cambridge: Cambridge University Press, 2013).

13 H. Parker, ‘Crucially Funny or Tranio on the Couch: The servus callidus and Jokes about Torture’, TAPA 119 (1989) 233–46, at 234.

14 Cf. E. Segal, Roman Laughter: The Comedy of Plautus (Oxford: Oxford University Press, 19872) 141: ‘Few critics have noticed that even the characters within the plays are themselves cognizant of the real-life situation. By harping, as they do repeatedly, on the beatings that they intend to inflict or hope to avoid, they are acknowledging the everyday standards of right and wrong.’

15 M. Hengel, Crucifixion in the Ancient World and the Folly of the Message of the Cross (Philadelphia: Fortress, 1977) 52; Bøe, Cross-Bearing, 64–5.

16 Text from Plautus, Amphitryon. The Comedy of Asses. The Pot of Gold. The Two Bacchises. The Captives (ed. and trans. W. de Melo; LCL 60; Cambridge, MA: Harvard University Press, 2011) 402–3. Translation mine.

17 E.g. Bacch, 240: opus est chryso Chrysalo (= Chrysalus needs gold; it is clearly a Greek pun), see E. Fraenkel, Plautine Elements in Plautus (Oxford: Oxford University Press, 2007) 17–44; R. T. Gonçalves, Performative Plautus: Sophistics, Metatheater and Translation (Newcastle: Cambridge Scholars Publishing, 2015) 40; and see G. E. Duckworth, Nature of Roman Comedy: A Study in Popular Entertainment (Princeton: Princeton University Press, 1952) 349. The wordplay in 361–2 comes back in 687–8, where Chrysalus pities himself and comments: istoc dicto <tu> dedisti hodie in cruciatum Chrysalum; nam ubi me aspiciet, ad carnuficem rapiet continuo senex (LCL 60.436).

18 Hengel, Crucifixion, 52.

19 Bøe, Cross-Bearing, 62.

20 On this feature of Plautus, see M. Fontaine, Funny Words in Plautine Comedy (Oxford: Oxford University Press, 2010) 10, 249.

21 Cook, Crucifixion, 57. Cook also refers to R. M. Kerr, Latino-Punic Epigraphy: A Descriptive Study of the Inscriptions (FAT 2.42; Tübingen: Mohr Siebeck, 2010) 105 n. 265, who translates Crucisalum as ‘cross-struggler’, but they do not elaborate on their choice.

22 E. Cantarella, I supplizi capitali: Origine e funzioni delle pene di morte in Grecia e a Roma. Nuova edizione rivista (Milan: Feltrinelli, 2011) 174–5: ‘Un gioco di parole difficilmente traducibile, il cui senso è peraltro chiarissimo: Crucisalo significa letteralmente “colui che salta sulla croce”. Plauto allude evidentemente al fatto che i condannati non sempre venivano issato sulla croce; talvolta erano costretti a salirvi da soli, come Crisalo pensava potesse accadergli e come accadeva a innumerevoli schiavi, costretti a salire in croce per infiniti motivi, a quanto pare non di rado cosi futili da essere assolutamente insensati.’

23 One could also consider the noun salus, which would be ironic, thus translating Chrysalus as ‘Golden welfare’ and Crucisalus with ‘Cross-welfare’.

24 J. A. Barsby, Plautus: Bacchides (Warminster: Aris & Phillips Ltd, 1986) 43.

25 See e.g. Livy 1.20. For more on the Salii: https://oxfordre.com/classics/view/10.1093/acrefore/9780199381135.001.0001/acrefore-9780199381135-e-5673; further e.g. J. Rüpke, ‘Flamines, Salii, and the Priestesses of Vesta: Individual Decision and Difference of Social Order in Late Republican Priesthoods’, Demeter, Isis, Vesta, and Cybele: Studies in Greek and Roman Religion in Honour of Giulia Sfameni Gasparro (ed. A. Mastrocinque and C. G. Scibona; Stuttgart: Franz Steiner, 2012) 183–94; S. Estienne, ‘Saliens’, Thesaurus cultus et rituum antiquorum v.85–7; and the older R. Cirilli, Les prêtres danseurs de Rome. Étude sur la corporation sacerdotale des Saliens (Paris: Libraire Paul Geuthner, 1913). For Crucisalus as dancing, see OLD and Lewis and Short s.v.

26 The De compendiosa doctrina is a kind of compilation of interesting Latin words. Some have said that is was a more ‘copy–paste job’: see W. M. Lindsay, Nonius Marcellus’ Dictionary of Republican Latin (Oxford, 1901; repr. Hildesheim: Georg Olms Verlagsbuchhandlung, 1965) 1.

27 LCL is based on the MS L (Leiden, Voss. Lat. F. 73), while Lindsay's edition has adfigatur: see W. M. Lindsay, ed., Noni Marcelli De conpendiosa doctrina libros xx edidit W. M. Lindsay (2 vols.; Leipzig: Teubner, 1903) 327; for another edition, see T. Plaute, vol. vii:Trinummus, Truculentus, Vidularia (Fragmenta). Texte établi et traduit par A. Ernout (CUFr; Paris: Les Belles Lettres, 1940) 181.

28 Text from Plautus, Stichus. Trinummus. Truculentus. Tale of a Travelling Bag. Fragments (ed. and trans. W. de Melo; LCL 328; Cambridge, MA: Harvard University Press, 2013) 438. Translation mine.

29 Samuelsson, Crucifixion, 174.

30 This is also argued by Cook, Crucifixion, 22–3, who calls it ‘an unnatural reading of the text’ (23 n. 116), where he shows that Samuelsson's reliance on Zestermann for this idea is unfounded.

31 Cook, Crucifixion, 23 n. 116.

32 For literature on the date, see Chapman and Schnabel, Trial, 283 n. 465.

33 Cf. Plautus, The Merchant. The Braggart Soldier. The Ghost. The Persian (ed. and trans. W. de Melo; LCL 163; Cambridge, MA: Harvard University Press, 2011) 134–7.

34 Text from LCL 163.178–81; W. M. Lindsay, T. Macci Plauti Comoediae, vol. ii (Oxford: Clarendon Press, 1903) lines 358–60. Translation mine. See Lindsay's critical apparatus for the variant readings. Also cf. A. Ernout, ed. and trans., T. Plaute, vol. iv:Menaechmi. Mercator. Miles gloriosvs (CUFr; Paris: Les Belles Lettres, 1956) 196 (also cf. his critical apparatus). Cook, Crucifixion, 21 remarks on the variants: ‘esse pereundum is a correction for esse perfundum in MS A (Ambrosianus Palimpsestus (G 82 sup.), saec. iv–v). Other manuscripts’ variations are esse eundum and esset eundem.’ On the different text forms, see M. Hammond, A. M. Mack and W. Moskalew, eds., T. Macci Plauti Miles gloriosus (Cambridge, MA: Harvard University Press, 19974) 57–61. For other editions, see Chapman and Schnabel, Trial, 283 n. 463; it is interesting that Chapman and Schnabel have a different text printed in their edition which they attribute erroneously to Lindsay. But it is probably false to look for a Plautine ‘original’: cf. Hammond, Mack and Moskalew, Miles Gloriosus, 59 (in which they refer to the nineteenth-century attempt for an original by Ritschl and Leo, which is by now abandoned). Samuelsson, Crucifixion, 173, for example, has the Latin: credo istoc extemplo tibi esse eundum actutum extra portam, dispessis minibus, patibulum quom habebis.

35 Samuelsson, Crucifixion, 173.

36 Where he refers to Sallust, Hist. 3 fr. 3 (see van Wingerden, ‘Horizontal’): Samuelsson, Crucifixion, 173 n. 98 (also referred to are Tacitus, Hist. 4.3; Ann. 1.61.1–3; 4.72.3; 14.33.2).

37 Plautus, Mil. 372: scio crucem futuram mihi sepulcrum.

38 Samuelsson, Crucifixion, 174.

39 On the horizontal connotation, see Cook, Crucifixion, 16–26, esp. 16–19.

40 Samuelsson, Crucifixion, 174.

41 See LCL 163.181, where de Melo translates esse pereundum with ‘you'll have to die’. Note that the porta is believed to be the Esquiline gate (e.g. LCL 163.181 n. 16; Hammond, Mack and Moskalew, Miles gloriosus, 107, also 27–8 on the frequent references to Roman society in a Greek context).

42 See n. 34 above on the Latin text. The variant perfundum is clearly a scribal error.

43 Hammond, Mack and Moskalew, Miles gloriosus, 59.

44 LCL 163.308.

45 Text from LCL 163.322. Translation mine.

46 It appears here, and in Apuleius, Metam. 4.10.13, where Lamachus’ hand is nailed (offigit) to the door, and the narrator recounts: et exitiabili nexu patibulatum relinquens, gurgustioli sui tectum ascendit, although MS 22 F has patibulum: see LCL 44.164–7. See Cook, Crucifixion, 131, for some who argue for patibulum as the original. Perhaps patibulatus occurs in the Lex Puteolana: ibid., 130–1. Lewis and Short, Latin Dictionary, 1314, note that Clodius Licinus’ fragment with Nonius has ‘patibulatus ferar per urbem, deinde affigar cruci, id. Fragm. ap. Non. 221, 13 (al. patibulum)’, although, as we will see below there are no such variants: cf. T. J. Cornell, ed., The Fragments of the Roman Historians (3 vols.; Oxford: Oxford University Press, 2013) ii.926.

47 OLD s.v. patibulātus; see also TLL x.1.706: ‘i.q. patibulo affixus’.

48 Samuelsson, Crucifixion, 286 n. 104; this text is also referred to at 172 in relation to cruciatus, but again discussion is absent. On corpses tied to patibula, see the discussion on Clodius Licinus below.

49 Samuelsson holds here a minority standpoint, without defending it obviously. Those who appear to assume that Grumio wishes Tranio to be alive while being led through the streets are numerous, e.g. the most recent: Chapman and Schnabel, Trial, 678 n. 829; Cook, Crucifixion, 21, 33, 423, and esp. the translation in J. G. Cook, ‘Envisioning Crucifixion: Light from Several Inscriptions and the Palatine Grafitto’, NovT 50 (2008) 262–85, at 267; Bøe, Cross-Bearing, 64; Iavicoli, Crocifissione, 375.

50 See Clodius Licinus below on corpses attached to patibula.

51 Dionysius of Halicarnassus, Ant. Rom. 7.69.

52 Plautus, Most. 743, although this is a conjecture (see LCL 163.390); 359 (crucem), 849–50 (malam crucem) and 1133, where Theopropidus threatens Tranio: non enim ibis. ego ferare faxo, ut meruisti, in crucem. It is, however, not clear if the threat, ‘I'll make sure you'll be carried to the cross’, implies death or severe torture.

53 Cf. Samuelsson, Crucifxion, 174; and earlier e.g. H. F. Hitzig, ‘crux’, PW iv.1728–31; T. Mommsen, Römisches Strafrecht: Systematisches Handbuch der Deutschen Rechtswissenschaft (4 vols; Leipzig: Duncker & Humboldt, 1899) 920; A. Zestermann, Die bildliche Darstellung des Kreuzes und der Kreuzigung Jesu Christi historisch Entwickelt, vol. i: Das Kreuz vor Christo (Leipzig: A. Edelmann, 1867) 19–22.

54 According to Suetonius, Gramm. 20, Clodius Licinus was an ex-consul and historian: Clodio Licino consulari, historico, who was suffect consul in 4 ce. For more, see H. Peter, ed., Historicorum Romanorum reliquiae (2 vols.; Leipzig: Teubner, 1906) cvii–cviii, or more recently, Cornell, Fragments, i.482–3.

55 Samuelsson, Crucifixion, 170; Iavicoli, Crocifissione, 376; Cook, ‘Envisioning Crucifixion’, 266–7.

56 Samuelsson, Crucifixion, 170–1, at 170: ‘If it could be proved that the text describes humans attached to a patibulum, which was carried around and in the end was attached to a crux, the text would have been of great importance.’

57 Cook, Crucifixion, 22–3.

58 See above on Plautus, Carb. fr. 2

59 Text from Peter, Historicorum, ii.78; brackets added. Translation mine.

60 The MS evidence of Nonius, De compendiosa doctrina exists in three forms: the ‘pure’ text mostly untampered but with many copying errors; the ‘doctored’ or edited text (in some places it is more accurate than the ‘pure’); the ‘extracted’ form  – a kind of quotation-free summary. All stem from an archetype: see Lindsay, Noni Marcelli, i.xx–xxi. The oldest remaining ‘pure’ manuscript containing our passage, the MS L (Leiden, Voss. Lat. F. 73) from the beginning of the ninth century (with corrections from the doctored and extracted texts), contains deligata, as do the other ‘pure’ manuscripts (e.g. MS H British Library, Harley 2719 from the ninth–tenth centuries – based on the Leiden MS).

61 Cf. Cornell, Fragments, ii.926, iii.562 for the conjectures.

62 J. Lipsius. De cruce libri tres: ad sacram profanámque historiam utiles. Unà cum notis (Antwerp: Joannem Moretum, 1594) 66: Ad patibulos (ita mutato genere, pro patibula) deligantur, et circumferuntur, cruci defiguntur.

63 See Cornell, Fragments, ii.926.

64 Cornell, Fragments, ii.926, iii.562.

65 Lindsay, Noni Marcelli, i.327.

66 Supplicia canum: Pliny the Elder, Nat. 29.14.57 is the first to report the ‘crucifixion’ (in fact, the noun furca is used instead of crux: LCL 418.220–1), but it is also mentioned by Plutarch, Fort. Rom. 12 (κύων μὲν ἀνεσταυρωμένος, LCL 305.372–3); Aelian, Nat. an. 12.33 (penalty of death for the dogs, no crucifixion terminology: LCL 449.54–5); Servius, Aen. 8.652 (who speaks of dogs who cruci suffigebantur); and Arnobius, Nat. 6.20 (no specific crucifixion terminology used, it is only mentioned that the dogs were punished by death).

67 For lions being ‘crucified’ (cruci fixos), see Pliny, Nat. 8.18.47 (LCL 353.36–7).

68 Mostly these ‘human objects’ were alive, or assumed to be alive, by the texts. There is, however, one instance recorded by Valerius Maximus 9.2.3 where a corpse is bound to a patibulum and then carried around (obviously by others): cuius iussu principum ciuitatis capita hostiarum capitibus permixta sunt Carbonisque Aruinae truncum corpus patibulo adfixum gestatum est (LCL 493.310–11). Samuelsson, Crucifixion, 286 n. 104. Curiously, Samuelsson refers to Plautus, Most. 55–7 as describing a corpse being led around on a patibulum as well. See above. Tacitus, Hist. 4.3.10 reports the same incident recorded by Valerius Maximus but does not mention the state of the slave (i.e., ante or post mortem): Tarracinensium diximus, patibulo adfixus in isdem anulis quos acceptos a Vitellio gestabat (LCL 249.6). Samuelsson also mentions Tacitus, Ann. 1.61.4, 4.72.3 and 14.33.2, but in the first two cases it is clear that the persons are alive, and in the third the text is a poetic enumeration of atrocities; patibula is not dependent on caedes as Samuelsson seems to suggest. So that leaves Samuelsson with one instance recorded in two sources, and perhaps a second in Plautus, Most. 55–7. There is also the interesting incident recorded by Suetonius, Jul. 74.1, in which Julius Caesar is reported to have the pirates’ throats cut before they were crucified, which presumably left them dead before they were hung: sed et in ulciscendo natura lenissimus piratas, a quibis captus est, cum in dicionem redegisset, quoniam suffixurum se cruci ante iuraverat, iugulari prius iussit, deinde suffigi (LCL 31.94). This would portray the divine Caesar in a more ‘humane’ or ‘merciful way’; cf. Shi, W., Paul's Message of the Cross as Body Language (WUNT ii/254; Tübingen: Mohr Siebeck, 2008) 27CrossRefGoogle Scholar.

69 Samuelsson, Crucifixion, 170.

70 Cook, Crucifixion, 22.

71 Cornell, Fragments, ii.926.

72 Except for the corpse in the already mentioned Valerius Maximus 9.2.3, see above.

73 E.g. U. Eco, Six Walks in the Fictional Woods (Cambridge, MA: Harvard University Press, 1994).

74 For common translations, see OLD s.v. circumfero. To my knowledge, nowhere is the passive circumferuntur translated as ‘to lead around’ in the sense of persons. See the passages in which circumferuntur appears: Pliny the Elder, Nat. 37.49.6 (LCL 419.200–1); Pliny the Younger, Ep. 2.5.12.1 (LCL 55.94–5); and Quintillian, Inst. 2.13.15.3 (LCL 124.346–7).

75 An unlikely suggestion would be that animals or inanimate objects would have been attached to the patibula and then carried around. As the evidence suggests, to my knowledge the term patibulum is not used in reference to punishment of animals.

76 This is also stated more clearly elsewhere in his book. At some places, Samuelsson notes that carrying the patibulum might have been a separate punishment, see Samuelsson, Crucifixion, 174, 202 on the Latin, while he holds the same for carrying a σταυρός: ibid., 242, 245, 278.

77 Cook, Crucifixion, 22.

78 Eco, Role, 23–4.

79 Cook, Crucifixion, 22 and Cornell, Fragments, ii.927.

80 Cook, ‘Envisioning Crucifixion’, 265–7.

81 Hinard, F. and Dumont, J. C., Libitina. Pompes funèbres et supplices en Campanie à l’époque d'Auguste. Édition, traduction et commentaire de la Lex Libitinae Puteolana (Paris: De Boccard, 2003)Google Scholar. For more literature on the inscription, see Cook, ‘Envisioning Crucifixion’, 263 n. 2, 264 n. 8.

82 Text from Hinard and Dumont, Libitina, 18. Translation from Cook, ‘Envisioning Crucifixion’, 265–6, reprinted in Cook, Crucifixion, 370; brackets original, slightly adapted; Cook has ‘patibulated individual’ at the patibul… in line 9.

83 Hinard and Dumont, Libitina, 117–18. Patibulatum is found in Plautus, Most. 56 and Apuleius, Metam. 4.10.

84 Hinard and Dumont, Libitina, 118. Cf. Cook, Crucifixion, 374 n. 69.

85 Attested by sources that are all later than the Lex: Tacitus, Hist. 4.3; Ann. 4.72; Valerius Maximus 9.2.3; Apuleius, Metam. 6.31, 10.12.

86 Hinard and Dumont, Libitina, 118.

87 Cook, Crucifixion, 374.

88 Cook, ‘Envisioning Crucifixion’, 266.

89 Cook, ‘Envisioning Crucifixion’, 266–7.

90 Samuelsson, Cruifixion, 200.

91 J. Bodel, ‘The Organization of the Funerary Trade at Puteoli and Cumae’, Libitina e Dintorni: Atti dell’xi Rencontre franco-italienne sur l’épigraphie (ed. S. Panciera; Libitina 3; Rome: Edizioni Quasar, 2004) 147–72, at 151.

92 Cook, Crucifixion, 374–5. This point is also noted by Hinard and Dumont, Libitina, 117–18, but they disagree on multiple abbreviation styles: see above.

93 Cook, ‘Envisioning Crucifixion’, 264–5.

94 Bøe, Cross-Bearing, 69.

95 Cook, Crucifixion, 374.

96 Introductory material based on Firmicus Maternus, Mathesis, vol. i:Livres i–ii (ed. and trans. P. Monat; Paris: Les Belles Lettres, 1992) 7–38.

97 For the structure and summary of the book, see Monat in Firmicus Maternus, Mathesis, vol. i, 11–15.

98 On the manuscripts, see Monat in Firmicus Maternus, Mathesis, vol. i, 26–30.

99 Iavicoli, Crocifissione, 376; Cook, Crucifixion, 23, 40, 147–8.

100 Text from Firmicus Maternus, Mathesis, vol. iii:Livres vi–viii (ed. and trans. P. Monat; Paris: Les Belles Lettres, 1997) 100–1. Translation from Cook, Crucifixion, 23, which is a modification of the translation of Hengel, Crucifixion, 78.

101 G has in, A, DN do not, see Monat, Mathesis, iii.100.

102 MSS DN have colligitur instead of A’s tollitur, see Monat in Firmicus Maternus, Mathesis, vol. iii, 101.

103 E.g. Firmicus Maternus, Math. 6.31.59; 6.31.73; 8.6.11 (conjecture: see K. Ziegler, Fasciculus ii Libros iv posteriores cum praefatione et indicibus continens (Berlin, Boston: Teubner, 2011) 298; Monat in Firmicus Maternus, Mathesis, vol. iii, 251 crit. app.); 8.17.2; 8.22.3.

104 Cook, Crucifixion, 40.

105 See Cook, Crucifixion, 398–416, esp. 406–8.

106 Two incompatible stories about the person of Macrobius are told. For an overview and arguments for the date of the Saturnalia, see Macrobius, Saturnalia, vol. i:Books 1–2 (ed. and trans. R. A. Kaster; LCL 510; Cambridge, MA: Harvard University Press, 2011) xii–xxiv. Cook, Crucifxion, 24 seems to have misunderstood Kaster in supporting 395 ce as the date of composition for the Saturnalia, for the latter opts for a later date around 430 ce. For further information on the transmission of the manuscripts, see R. A. Kaster, Studies on the Text of Macrobius’ Saturnalia (Oxford: Oxford University Press, 2010); LCL 510.liv–lxii.

107 See e.g. Macrobius, Sat. Praef. 4. For the date of composition, LCL 510.xxiv–xxxvi.

108 Cook, Crucifixion, 24–5. Zestermann, Darstellung, 20 mentions this text while discussing the patibulum, but he does not make an explicit connection between the text and cross-bearing.

109 Text and translation from LCL 510.110–13.

110 Cook, Crucifixion, 25.

111 Cook, Crucifixion, 25n127.

112 Cook, Crucifixion, 25.

113 From a chronological perspective, the patibulum enters the story at a relative late date: Livy 2.36.1 (sub furca caesum medio egerat circo, LCL 114.336–7); Cicero, Div. 1.55 (per circum cum virgis caederetur, furcam ferens ductus est, LCL 154.284–5), whose source is Fl. Coelius Antipater F48 (see Cornell, Fragments, i.263–4, ii.412); Dionysius of Halicarnassus, Ant. Rom. 7.69 (οἱ δ’ ἄγοντες τὸν θεράποντα ἐπὶ τὴν τιμωρίαν τὰς χεῖρας ἀποτείναντες ἀμφοτέρας καὶ ξύλῳ προσδήσαντες παρὰ τὰ στέρνα τε καὶ τοὺς ὤμους καὶ μέχρι τῶν καρπῶν διήκοντι παρηκολούθουν ξαίνοντες μάστιξι γυμνὸν ὄντα, LCL 364.354); Valerius Maximus 1.7.4 (servum suum verberibus mulcatum sub furca ad supplicium egisset, LCL 492.84–5); Plutarch, Cor. 24 (ἐκαλεῖτο δὲ φούρκιφερ· ὃ γὰρ οἱ Ἕλληνες ὑποστάτην καὶ στήριγμα, τοῦτο Ῥωμαῖοι φοῦρκαν ὀνομάζουσιν, LCL 80.178); Lactantius, Inst. 2.7.20–1 (uerberatum seruum sub furca medio circo ad supplicium duxerat, L. Caelius Firmanus Lactantius, Divinarvm institutionum libri septem, Fasc. 1: Libri i et ii (ed. E. Heck and A. Wlosok; Leipzig: Saur, 2005) 146); Arnobius 7.39.2 (servum pessime meritum per circi aream mediam transduxisse caesum virgis et ex more mulctasse post patibuli poena, Arnobius, Contre le Gentils, vol, vi:Livres vi–vii. Texte établi, traduit et commenté par B. Fragu (Paris: Les Belles Lettres, 2010) 61). There are other instances of this incident, although these other sources do not mention the slave carrying: Augustine, Civ. 4.26 and Iulius Paris, Epit. 1.7.4, who interprets Valerius.

114 See Cook, Crucifixion, 25 n. 160.

115 See Funaioli, G., ed., Grammaticae Romanae fragmenta, vol. i (Leipzig: Teubner, 1907) 362Google Scholar.

116 For the furca, see Cook, Crucifixion, 37–44.

117 Interestingly, these are precisely the same Latin texts mentioned by S.J., U. Holzmeister, Crux Domini atque crucifixio quomodo ex archaeologia Romana illustrentur (Romae: Pontificium Institutum Biblicum, 1934) 1619Google Scholar.