The Woman Down the Rock

Ex altera parte (3.7)

Several of the declaimers refer to the idea that the accused woman did not die because she was saved by the gods, perhaps specifically by Vesta. Although they do not mention it, there are precedents for this. Dionysius of Halicarnassus (a close contemporary of Seneca the Elder) relates two cases of Vestals who were unjustly accused of incestus and were saved by calling on Vesta to aid them. (Antiquitates Romanae 2.68 and 2.69)

ampliatur a iudicibus in poenam? (3.2)

Historically, Vestal virgins convicted of unchastity were not hurled from the Tarpeian Rock but buried alive, sealed in a cave beneath the Colline gate with a small quantity of oil, milk, bread, and water (Plut. Num. 10.5). As Holt N. Parker remarks, this was a trial by ordeal: the condemned Vestal never met with physical violence and, nominally, the bare necessities of life were provided for her (586). She alone was held to be responsible for her life and death, and if she was innocent, then the goddess Vesta would come to her aid. Insofar as the fictional mode of execution presented in this controversia is functionally equivalent to the true penalty suffered by an unchaste Vestal, then the answer to Cestius Pius’ question, it would seem, is yes – the case of a Vestal virgin is technically adjourned until the time of punishment.

saxum (3.2)

While unchaste Vestals were executed by other means (live burial, cf. the comment on ampliatur a iudicibus in poenam?), the Tarpeian Rock from which Rome’s most loathed criminals were thrown was itself named after a Vestal virgin who had betrayed the Roman people: in the days of Romulus, the ill-fated Tarpeia had opened Rome’s gates to the attacking Sabines under promise of gold (Livy 1.11). The Sabines killed her shortly afterwords.

cum quo (3.2)

While a man convicted of defiling a Vestal virgin was beaten to death (Fest. 277 L), it is notable that Vestal virgins were occasionally convicted of unchastity without the identification of a male accomplice (Parker 581, cf. Livy 4.44 and Livy 28.6). This calls into question whether a trial for unchastity was centred on the genuine establishment of fact and has led some scholars – particularly René Girard in Violence and the Sacred – to argue that the persecution of a Vestal virgin may have served a ritual function for the Roman people, providing expiatory relief in times of crisis.

immensae altitudinis (3.3)

While its exact location is still a mystery, Lucan’s cursory mention of the Tarpeian rock along with his description of the Temple of Saturn (Phars. III,154) has led some to identify it with the cliff that overlooks the modern-day Piazza della Consolazione at the south-west corner of the Capitoline. The height of the cliff is 60 feet, although it may have been greater in ancient times, when the rock face would have continued down past the current level of the road. A Google Maps view of the site can be found here.

de iudicibus (3.2)

Because the unchastity of a Vestal virgin was a crime against the gods, her case was judged by the pontifical college rather than the Comitia Curiata, which usually presided over criminal trials (Cic. Leg. 2, 9, 22). The collegium pontificum consisted of a rex sacrorum, multiple flamines, multiple pontifices minores, and a single governing pontifex maximus. A body of great power and prestige, the college exercised ultimate jurisdiction over all matters of religion. By performing public rituals, establishing rules for private worship, and administering religious law, it acted as an intermediary between the Romans and their gods.

Pompeius Silo

Pompeius Silo

Although he is frequently cited by Seneca we know little about him. His name suggests he is not from Italy and he may come from Narbo or Spain (in the latter country the cognomen Silo is attested in a number of inscriptions). The family were clearly originally clients of Pompey the Great; the consul M. Larcius Magnus Pompeius Silo, who held the office under Domitian, may have been one of his descendants.