I’m a huge fan of the Starz’ Spartacus series, which was extremely well-researched. Here’s a few things we can learn about Spartacus and the Gladiators/slaves who fought in the arena, and the Roman laws covering weapons possession. Arena by the way is Latin for “sand.”
1. They did practice with wooden swords. Steel was only allowed in the arena and for exhibition fights at the will of the Lanista (the master of the Ludus, were gladiators train)
2. The Roman empire allowed free men to carry swords: “We grant to all persons the unrestricted power to defend themselves, so that it is proper to subject anyone, whether a private person or a soldier, who trespasses upon fields at night in search of plunder, or lays by busy roads plotting to assault passers by, to immediate punishment in accordance with the authority granted to all. Let him suffer the death which he threatened and incur that which he intended.
The legislator then explains the rationale for this provision, stating, “For it is better to meet the danger at the time, than to obtain legal redress (vindicare) after one’s death.”
Source: Codex Justinianus
http://www.saf.org/journal/16/theromanlegaltreatmentofselfdefenseandtheprivatepossessionofweaponsinthecodexjustinianus.pdf
3. There was respect for “a private individual’s right to defend his property. “A rightful owner may, for the purpose of defending his property which he was holding without defect of title, repel (using the moderation of a blameless guardian) any force which has been brought against him.
Source: Idem
4. Being a pussy was not an option: “the right to defend one’s life or property was the obligation, recognized in at least one location in the Code, to defend the life or property of another. Slaves, for instance, in addition to being re warded with their freedom for helping to convict their former master’s killer, were required to defend their living masters from a sudden attack.
5. There was “sword control” for Barbarians, which were considered enemies of the Roman empire. Selling weapons to them was a crime. One has to wonder if the sword dealers resented being cut off from a lucrative customer base.
6. Armed slaves were not afforded the traditional right of immunity belonging to accused persons seeking refuge in a church or other sanctuary. The Code permitted, indeed obligated, their masters to roust them out.
7. Carrying a sword with the intent to kill a man was a crime, but carrying arms for the sake of carrying them, or self-defense, was no crime.
In conclusion: “When an innocent man’s life or property was faced with violence, Roman law demonstrated a pervasive respect for his right to self defense. It permitted threatened individuals to kill thieves, soldiers, and other violent attackers and to drive off or, if necessary, to kill creditors or government agents who had come to seize property illegally. In many instances it recognized, expressly or by implication, an individual’s ability to own or possess weapons as a means of procuring his self defense.”
Thanks to Will Tysse for writing a wonderful 8-page paper about self-defense and weapons possession in the Roman Empire. These were but a few highlights.
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