Imprisonment in ancient Rome was not a sentence under

Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...

. Incarceration ''(publica custodia)'' in facilities such as the

Tullianum The Mamertine Prison (), in antiquity the Tullianum, was a prison (''carcer'') with a dungeon (''oubliette'') located in the Comitium in ancient Rome. It is said to have been built in the 7th century BC and was situated on the northeastern slope ...

was intended to be a temporary measure prior to trial or execution. More extended periods of incarceration occurred but were not official policy, as condemnation to hard labor was preferred.

Detention

Detention is mentioned in the

Twelve Tables The Laws of the Twelve Tables () was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornbl ...

, Rome's earliest legal code (mid-5th century BC), and throughout juristic texts. "Detention," however, includes

debt bondage Debt bondage, also known as debt slavery, bonded labour, or peonage, is the pledge of a person's services as security for the repayment for a debt or other obligation. Where the terms of the repayment are not clearly or reasonably stated, or whe ...

in the

early Republic The Roman Republic ( ) was the era of Ancient Rome, classical Roman civilisation beginning with Overthrow of the Roman monarchy, the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establis ...

; and the wearing of

chains A chain is a serial assembly of connected pieces, called links, typically made of metal, with an overall character similar to that of a rope in that it is flexible and curved in compression but linear, rigid, and load-bearing in tension. A ...

''(vincula publica)'', mainly for

slaves Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...

and convict labor. Increasingly during the Imperial era, a long-term sentence, often for life, was

hard labor ''Hard Labor'' is the eleventh album by American rock band Three Dog Night, released in 1974. For this album, the band replaced long-time producer Richard Podolor with Jimmy Ienner, who was known for his production work with the Raspberries ...

at the

mills Mills is the plural form of mill, but may also refer to: As a name * Mills (surname), a common family name of English or Gaelic origin * Mills (given name) *Mills, a fictional British secret agent in a trilogy by writer Manning O'Brine Places U ...

, mines, or quarries, which might be privately or publicly owned. Slaves or lower-status citizens sentenced to

were held in camps at these worksites, which employed a combination of free, enslaved, and convict labor. On large commercial agricultural estates ''(

latifundia A ''latifundium'' (Latin: ''latus'', "spacious", and ''fundus'', "farm", "estate") was originally the term used by ancient Romans for great landed estates specialising in agriculture destined for sale: grain, olive oil, or wine. They were charac ...

'', sometimes compared to plantations), enslaved laborers who had offered resistance were kept chained in semi-underground places of imprisonment called ''ergastula''.

Prison facilities

The first Roman prison was said to have been built by

Ancus Marcius Ancus Marcius () was the Roman mythology, legendary fourth king of Rome, who traditionally reigned 24 years. Upon the death of the previous king, Tullus Hostilius, the Roman Senate appointed an interrex, who in turn called a session of the Roman a ...

and enlarged by

Servius Tullius Servius Tullius was the legendary sixth king of Rome, and the second of its Etruscan dynasty. He reigned from 578 to 535 BC. Roman and Greek sources describe his servile origins and later marriage to a daughter of Lucius Tarquinius Pri ...

, during the semilegendary period of the Roman kings. The Porticus Argonautarum, built by

Agrippa Agrippa may refer to: People Antiquity * Agrippa (mythology), semi-mythological king of Alba Longa * Agrippa (astronomer), Greek astronomer from the late 1st century * Agrippa the Skeptic, Skeptic philosopher at the end of the 1st century * Ag ...

on the

Campus Martius The Campus Martius (Latin for 'Field of Mars'; Italian: ''Campo Marzio'') was a publicly owned area of ancient Rome about in extent. In the Middle Ages, it was the most populous area of Rome. The IV rione of Rome, Campo Marzio, which covers ...

, is thought by some to have been used as a temporary prison. Among other structures used as prisons in Rome, only that built by Augustus and named after Octavia has left considerable ruins. The prison in

Alba Fucens Alba Fucens was an ancient Italic people, Italic town located at elevation at the base of Monte Velino, approximately north of Avezzano, Abruzzo, central Italy. Its ruins can be found in the ''comune'' of Massa d'Albe. The city is largely vis ...

is described as dark, underground, and small. The most famous place of incarceration was the

Mamertine Prison The Mamertine Prison (), in antiquity the Tullianum, was a prison (''carcer'') with a dungeon (''oubliette'') located in the Comitium in ancient Rome. It is said to have been built in the 7th century BC and was situated on the northeastern slope ...

. The ''tresviri'' or ''triumviri capitales'' oversaw prisons and executions, along with other functions that, as

Andrew Lintott Andrew William Lintott (born 9 December 1936) is a British classical scholar who specialises in the political and administrative history of ancient Rome, Roman law and epigraphy. He is an emeritus fellow of Worcester College, University of Oxford ...

notes, show them to have been "a mixture of police superintendents and justices of the peace," playing some role also in administering prison guards. The ''capitales'' were first established around 290–287 BC and were supervised by the

urban praetor ''Praetor'' ( , ), also ''pretor'', was the title granted by the government of ancient Rome to a man acting in one of two official capacities: (i) the commander of an army An army, ground force or land force is an armed force that fights ...

Conditions and design

The prisons were filthy, poorly ventilated, and were underground. The prisons would be divided into outer and inner areas. The inner parts of the prison were more secure and darker. Prison would not have had individual cells. They would have had groups of prisoners chained together in different rooms. Prisons would often times be very crowded. The prisons were designed to psychologically and physically torture a prisoner into confessing. Emperor

Valens Valens (; ; 328 – 9 August 378) was Roman emperor from 364 to 378. Following a largely unremarkable military career, he was named co-emperor by his elder brother Valentinian I, who gave him the Byzantine Empire, eastern half of the Roman Em ...

drafted a law which required the confession to be submitted in written form. The prisons would also be designed to strip the prisoner of dignity. There was very little rations in the prison, because friends and family were expected to supply the prisoners needs. The

Christian Church In ecclesiology, the Christian Church is what different Christian denominations conceive of as being the true body of Christians or the original institution established by Jesus Christ. "Christian Church" has also been used in academia as a syn ...

would provide charity to prisoners. Emperor

Constantine Constantine most often refers to: * Constantine the Great, Roman emperor from 306 to 337, also known as Constantine I * Constantine, Algeria, a city in Algeria Constantine may also refer to: People * Constantine (name), a masculine g ...

regulated the amount of charity the Christians could provide. A

Bishop A bishop is an ordained member of the clergy who is entrusted with a position of Episcopal polity, authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance and administration of di ...

would have the right to administer prisons according to

Canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...

. The presence of Christian priests in prisons reminded the guards to treat the prisoners well, although the prisoners still lived in horrible conditions. The prisoners were not segregated by gender.

References

{{reflist Crime and punishment in ancient Rome

Rome Rome (Italian language, Italian and , ) is the capital city and most populated (municipality) of Italy. It is also the administrative centre of the Lazio Regions of Italy, region and of the Metropolitan City of Rome. A special named with 2, ...