Asylum (antiquity)
Encyclopedia
In ancient Greece the temples, altars, sacred groves, and statues of the gods generally possessed the privileges of protecting slaves, debtors, and criminals, who fled to them for refuge. The laws, however, do not appear to have recognised the right of all such sacred places to afford the protection which was claimed ; but to have confined it to a certain number of temples, or altars, which were considered in a more especial manner to have the asylia. (Servius ad Virg. Aen. ii. 761.) There were several places in Athens which possessed this privilege ; of which the best known was the Theseum, or temple of Theseus, in the city, which was chiefly intended for the protection of the ill-treated slaves, who could take refuge in this place, and compel their masters to sell them to some other person. (Plut. Theseus, 36 ; Schol. ad Aristoph. Equit. 1309 ; Hesych. and Suidas, s. v. The other places in Athens which possessed the jus asyli were : the Altar of Pity, in the agora
, the altar of Zeus 'Ayopcuos, the altars of the twelve gods, the altar of the Eumenides
on the Areopagus
, the Theseum in the Piraeeus, and the altar of Artemis, at Munichia
(Meier, Alt. Proc. p. 404). Among the most celebrated places of asylum in other parts of Greece, we may mention the temple of Poseidon, in Laconia, on Mount Taenarus (Time. i. 128, 133 ; Corn. Nep. Pans. c. 4) ; the temple of Poseidon, in Calauria (Pint. Demosth. 29) ; and the temple of Athena Alea, in Tegea
(Paus. iii. 5. § 6). It would appear, however, that all sacred places were supposed to protect an individual to a certain extent, even if their right to do so was not recognised by the laws of the state, in which they were situated. In such cases, however, as the law gave no protection, it seems to have been considered lawful to use any means in order to compel the individuals who had taken refuge to leave the sanctuary, except dragging them out by personal violence. Thus it was not uncommon to force a person from an altar or a statue of a god, by the application of fire. (Eurip. Androm. 256, with Schol.; Plant. Mostett. v. 1. 65.) Incidents of violation of asylum include the deaths of Cylon of Athens
and Pausanias of Sparta
.
In the time of Tiberius
, the number of places possessing the jus asyli in the Greek cities in Greece and Asia Minor became so numerous, as seriously to impede the administration of justice. In consequence of this, the senate, by the command of the emperor, limited the jus asyli to a few cities, but did not entirely abolish it, as Suetonius (Tib. 37) has'erroneously stated. (See Tacit. Ann. iii. 60—63, iv. 14 ; and Ernesti's Ex cursus to Suet. Tib. 37.)
The asylum which Romulus
is said to have opened at Rome on the Capitoline hill, between its two summits, in order to increase the population of the city (Liv. i. 8 ; Veil. Pat. i. 8 ; Dionys. ii. 15), was, according to the legend, a place of refuge for the inhabitants of other states, rather than a sanctuary for those who had violated the laws of the city. In the republican and early imperial times, a right of asylum, such as existed in the Greek states, does not appear to have been recognised by the Roman law. Livy seems to speak of the right (xxxv. 51) as peculiar to the Greeks:—Temphim esi Apollinis Delium— eo jure sancto quo sunt templa quae asyla Graeci ap pellant. By a constitutio of Antoninus Pius
, it was decreed that, if a slave in a province fled to the temples of the gods or the statues of the emperors, to avoid the ill-usage of his master, the praeses could compel the master to sell the slave (Gains, i. 53) ; and the slave was not regarded by the law as a runaway—fugitivus. This constitutio of Antoninus is quoted in Justinian's Institutes (1. tit. 8. s. 2), with a slight alteration ; the words ad aedem sacram are substituted for ad fana deorum, since the jus asyli was in his time extended to churches. Those slaves who took refuge at the statue of an emperor were considered to inflict disgrace on their master, as it was reasonably supposed that no slave would take such a step, unless he had received very bad usage from his master. If it could be proved that any individual had instigated the slave of another to flee to the statue of an emperor, he was liable to an action corrupti servi. (Dig. 4-7. tit. 11. s. 5.) The right of asylum seems to have been generally, but not entirely, confined to slaves. (Dig. 48. tit. 19. s. 28. § 7. Comp. Osiander, De Asylis Gentilium, in Gronov. Thesaur. vol. vi. ; Simon, Sur les Asyles, in Mem. de PA cad. des Inscript. vol. iii. ; Bringer, De Asylorum Origine, Uau9 et Abusu^ Lugd. Bat. 1828 ; C. Neu, De Asylis^ Gott. 1837 ; respecting the right of asylum in the churches under the Christian emperors, see Rein, Das Criminalrecht der Romer, p. 896'.)
In ancient Greece the term asylia was also applied to the security from plunder and piracy ( asylia on land and sea), which was sometimes granted by one state to another, or even to single individuals. (See Bb'ckh, Corp. Inscrip. i. p. 725.)
Agora
The Agora was an open "place of assembly" in ancient Greek city-states. Early in Greek history , free-born male land-owners who were citizens would gather in the Agora for military duty or to hear statements of the ruling king or council. Later, the Agora also served as a marketplace where...
, the altar of Zeus 'Ayopcuos, the altars of the twelve gods, the altar of the Eumenides
Eumenides
Eumenides may refer to:* Another name for the Erinyes, Greek deities of vengeance* The Eumenides, the third part of Aeschylus' Greek tragedy, the Oresteia...
on the Areopagus
Areopagus
The Areopagus or Areios Pagos is the "Rock of Ares", north-west of the Acropolis, which in classical times functioned as the high Court of Appeal for criminal and civil cases in Athens. Ares was supposed to have been tried here by the gods for the murder of Poseidon's son Alirrothios .The origin...
, the Theseum in the Piraeeus, and the altar of Artemis, at Munichia
Munichia
Munichia or Mounichia is the ancient Greek name for a steep hill in Piraeus, Athens, Greece known today as Kastella. This is a fashionable neighborhood in central Piraeus. On the top of the hill is a Greek Orthodox church named after the Prophet Elijah. The narrow streets around the church are...
(Meier, Alt. Proc. p. 404). Among the most celebrated places of asylum in other parts of Greece, we may mention the temple of Poseidon, in Laconia, on Mount Taenarus (Time. i. 128, 133 ; Corn. Nep. Pans. c. 4) ; the temple of Poseidon, in Calauria (Pint. Demosth. 29) ; and the temple of Athena Alea, in Tegea
Tegea
Tegea was a settlement in ancient Greece, and it is also a former municipality in Arcadia, Peloponnese, Greece. Since the 2011 local government reform it is part of the municipality Tripoli, of which it is a municipal unit. Its seat was the village Stadio....
(Paus. iii. 5. § 6). It would appear, however, that all sacred places were supposed to protect an individual to a certain extent, even if their right to do so was not recognised by the laws of the state, in which they were situated. In such cases, however, as the law gave no protection, it seems to have been considered lawful to use any means in order to compel the individuals who had taken refuge to leave the sanctuary, except dragging them out by personal violence. Thus it was not uncommon to force a person from an altar or a statue of a god, by the application of fire. (Eurip. Androm. 256, with Schol.; Plant. Mostett. v. 1. 65.) Incidents of violation of asylum include the deaths of Cylon of Athens
Cylon of Athens
Cylon was an Athenian associated with the first reliably dated event in Athenian history, the Cylonian affair....
and Pausanias of Sparta
Pausanias (general)
Pausanias was a Spartan general of the 5th century BC. He was the son of Cleombrotus and nephew of Leonidas I, serving as regent after the latter's death, since Leonidas' son Pleistarchus was still under-age. Pausanias was also the father of Pleistoanax, who later became king, and Cleomenes...
.
In the time of Tiberius
Tiberius
Tiberius , was Roman Emperor from 14 AD to 37 AD. Tiberius was by birth a Claudian, son of Tiberius Claudius Nero and Livia Drusilla. His mother divorced Nero and married Augustus in 39 BC, making him a step-son of Octavian...
, the number of places possessing the jus asyli in the Greek cities in Greece and Asia Minor became so numerous, as seriously to impede the administration of justice. In consequence of this, the senate, by the command of the emperor, limited the jus asyli to a few cities, but did not entirely abolish it, as Suetonius (Tib. 37) has'erroneously stated. (See Tacit. Ann. iii. 60—63, iv. 14 ; and Ernesti's Ex cursus to Suet. Tib. 37.)
The asylum which Romulus
Romulus
- People:* Romulus and Remus, the mythical founders of Rome* Romulus Augustulus, the last Western Roman Emperor* Valerius Romulus , deified son of the Roman emperor Maxentius* Romulus , son of the Western Roman emperor Anthemius...
is said to have opened at Rome on the Capitoline hill, between its two summits, in order to increase the population of the city (Liv. i. 8 ; Veil. Pat. i. 8 ; Dionys. ii. 15), was, according to the legend, a place of refuge for the inhabitants of other states, rather than a sanctuary for those who had violated the laws of the city. In the republican and early imperial times, a right of asylum, such as existed in the Greek states, does not appear to have been recognised by the Roman law. Livy seems to speak of the right (xxxv. 51) as peculiar to the Greeks:—Temphim esi Apollinis Delium— eo jure sancto quo sunt templa quae asyla Graeci ap pellant. By a constitutio of Antoninus Pius
Antoninus Pius
Antoninus Pius , also known as Antoninus, was Roman Emperor from 138 to 161. He was a member of the Nerva-Antonine dynasty and the Aurelii. He did not possess the sobriquet "Pius" until after his accession to the throne...
, it was decreed that, if a slave in a province fled to the temples of the gods or the statues of the emperors, to avoid the ill-usage of his master, the praeses could compel the master to sell the slave (Gains, i. 53) ; and the slave was not regarded by the law as a runaway—fugitivus. This constitutio of Antoninus is quoted in Justinian's Institutes (1. tit. 8. s. 2), with a slight alteration ; the words ad aedem sacram are substituted for ad fana deorum, since the jus asyli was in his time extended to churches. Those slaves who took refuge at the statue of an emperor were considered to inflict disgrace on their master, as it was reasonably supposed that no slave would take such a step, unless he had received very bad usage from his master. If it could be proved that any individual had instigated the slave of another to flee to the statue of an emperor, he was liable to an action corrupti servi. (Dig. 4-7. tit. 11. s. 5.) The right of asylum seems to have been generally, but not entirely, confined to slaves. (Dig. 48. tit. 19. s. 28. § 7. Comp. Osiander, De Asylis Gentilium, in Gronov. Thesaur. vol. vi. ; Simon, Sur les Asyles, in Mem. de PA cad. des Inscript. vol. iii. ; Bringer, De Asylorum Origine, Uau9 et Abusu^ Lugd. Bat. 1828 ; C. Neu, De Asylis^ Gott. 1837 ; respecting the right of asylum in the churches under the Christian emperors, see Rein, Das Criminalrecht der Romer, p. 896'.)
In ancient Greece the term asylia was also applied to the security from plunder and piracy ( asylia on land and sea), which was sometimes granted by one state to another, or even to single individuals. (See Bb'ckh, Corp. Inscrip. i. p. 725.)