GAME LAWS. This expression is applied in England to a series of statutes of modern date, establishing a peculiar kind of property in wild animals. These statutes, it is well known, are regarded with great dislike by a large and important section of the people—partly on account of their alleged injurious economic effects, and partly on account of their harsh and exceptional character. It will be well to state first the principles of the common law, and then to show how far they have been superseded by recent legislation. By the very nature of the case, wild animals cannot be made the subject of that absolute kind of ownership which is generally signified by the term property. The substan tial basis of the law of property is physical possession, the actual power of dealing with things as we see fit, and we can have no such power over animals in a state of nature. Accordingly, the common law recognized nothing like property in wild animals, until they had, as it were, been reduced into possession. Wild animals reclaimed or confined become property, but the moment they escape from confinement the property is gone, and the rights of the owner are lost. Even bees, which might well be described as domesticated and not wild animals, do not become property until they are hived. “Though a swarm lights on any tree,” says Bracton, “I have no more property therein than I have in the birds which make their nests thereon.” The owner of a confined animal which escapes does indeed retain his property while he is in pursuit of the fugitive; i.e., no other person can, in the meantime, establish a right of property against him by capturing the animal, just as a swarm of bees “which fly from and out of my hive are mine so long as I can keep them in sight, and have power to ...pursue them.” Again, the law recognized a right in wild animals propter impotentiam, i.e., when they were young and unablo to move from place to place. With these exceptions wild animals were res mdliτιs, capable of being made the property of any person reducing them into possession. A prior right to acquire property in such animals was, however, allowed to the owner (or occupier) of the soil. Thus it is said that “if A starts a hare in the ground of B, and hunts it and kills it there, the property continues all the while in B.” B is said to have a right of property in the wild animals on his land ratione soli. But “if A starts a hare on the ground of B, and hunts it into the ground of C and kills it there, the property is in A, and not in B or C.” That is to say, the so-called property in wild animals ratione soli consists in this, that if one of them is started and killed by a trespasser it belongs to the owner (or occupier) of the soil. If the animal goes to another man’s land this inchoate right is transferred to the other man. And the inchoate right of the owner becomes an actual right of property only when the animal is both started and killed by the trespasser on the same man’s land. Such right as the owner has belongs to the occupier when the land is given without reserve to a tenant for a term.
These principles, it will be observed, apply to all wild animals, and no distinction is made between game and other animals. The laws of the forest, however, established in derogation of the common law a different kind of property in certain classes of wild animals, For an account of these see Forest Law (vol. ix. p. 408). The forest code affected definite districts of the country, and the right which they protected was the exclusive right of hunting the animals of the forest within those districts.
The game laws as above defined have virtually takeu the place of the forest laws. The latter protected the privilege of the king and his favourites to hunt certain animals in certain districts; the former have extended and protected the right of an owner of the soil to the chase of certain animals on his own estate. The means adopted have been to make trespass (in itself only a civil wrong) a criminal offence punishable with great severity, and to restrict, by a system of licences, the right as well of killing as of selling game. The principal Acts are 1 <fc 2 William IV. c. 32 (the Game Act), 9 Geo. IV. c. 69 (the Night Poaching Act), 23 & 24 Viet, c. 90 (Game Licences Act), and the Hares Killing Act, 11 ώ 12 Vict. c. 29. The Game Act repeals a large number of statutes on the subject, most of them passed in the 18th century. Game is defined to include “hares, pheasants, partridges, grouse, heath or moor game, black game, and
I bustards,” and the same definition is found in the Night Poaching Act. A close time is fixed for certain birds of game:—for partridges from 1st February to 1st September; pheasants, 1st February to 1st October; black game, 10th December to 20th August; grouse, 10th December to 12th August; bustard, 1st March to 1st September; and the possession of such game after 10 days in dealers, and 40 days in other persons, from the expiration of the season is made illegal. The Act makes no difference in the effect of a game certificate (now “game licence”); that is to say, the licence authorizes the holder to kill game, subject to the law of trespass as modified by this Act. A temporary section reversed, as to all existing leases, the presumption of law that the game, unless specially reserved, belongs to the tenant; but the presumption remains as to all future leases. But when the game has been reserved to the landlord, or any assignee of his, then the occupier shall be punished for killing it, or for authorizing any other person to do so. This section no doubt was rendered necessary by the fact that the law of trespass, which is the pivot of the Game Act, could not be made to include the case of a farmer shooting game on his own ground; but it is open to the remark that in effect it converts a mere breach of contract into a crime. Persons holding game certificates (licences) may sell game to persons licensed to deal therein. Various sections of the Act define the penalties to which persons killing or selling game without a licence shall be subject, and it should be noticed that it is a punishable offence even to buy game except from a licensed dealer.
The section relating to trespass (§30 of the Game Act) enacts that, “if any person whatsoever shall commit any trespass by entering or being in the day time upon any land in search or pursuit of game, or woodcocks, snipes, quails, landrails, or conies, such person shall, on conviction thereof before a justice of the peace, forfeit and pay such sum of money, not exceeding two pounds, as to the justice shall seem meet, together with the costs of the conviction;” and that if any persons, to the number of five or more together, shall commit any trespass by entering or being in the day time upon any land in search of or pursuit of game or woodcocks, &c, “each shall, on conviction, forfeit a sum not exceeding five pounds. The leave of the occupier shall be no defence when the game belongs to the landlord or other persons; and by § 31, trespassers in pursuit of game, <fcc., may be required to leave the land, to tell their names and abodes, and if they refuse may be arrested. The owner of the right of shooting may take from them any game found· in their possession. The sections against trespassers, however, do not include any person hunting or coursing upon any land with hounds or greyhounds.” This act applies only to England.
The Poaching Acts are still more severe. The Night Poaching Act enacts that, “if any person shall, after the passing of this Act, by night unlawfully take or destroy any game or rabbits in any land, whether open or enclosed, or shall by night unlawfully enter or be on any land, whether open or enclosed, with any gun, net, engine, or other instrument for the purpose of destroying game, such offender shall, upon conviction thereof before two justices of the peace, be committed for the first offence to the common gaol or house of correction for any period not exceeding three calendar months, there to be kept to hard labour, and at the expiration of such period shall find sureties” for his not so offending again. For a second offence the punishment is six months with hard labour, &c., with one year’s further imprisonment in default of sureties; a third offence is a misdemeanour, and the punishment is penal servitude for not more than seven years, or imprisonment for not more than two years. A later Act, 7 & 8 Vict. c. 29, §1, applies the penalties to the unlawful taking or destroying game on a highway by night. “Night” is declared to commence at the expiration of the first hour after sunset and to conclude at the beginning of the last hour before sunrise. Finally, the Poaching Prevention Act (25 & 26 Vict. c. 114) gives power to a constable, “on any highway, street, or public place, to search any person whom he may have good cause to suspect of coming from any land where he shall have been unlawfully in search or pursuit of game, or any persons aiding or abetting such person, and having in his possession any game unlawfully obtained, or any gun, part of gun, or nets or engines used for the killing or taking game; and also to stop and search any cart or pther conveyance in or upon which such constable or peace officer shall have good cause to suspect that any such game, or any such article or thing, is being carried by any such person.” If any such thing be found the constable is to detain it, and apply for a summons against the offender, summoning him to appear before two justices, where, on conviction, he may be fined not more than £5, and shall forfeit the game, guns, &c., found in his possession. This Act is available by night as well as day. It should be noted in all cases where the unlawful taking or destroying of game is mentioned, that such taking is made unlawful only by the provisions of the Acts relating to certificates, or by the law relating to trespass. A person provided with a certificate can still kill game where he pleases, unless he commits a trespass—the only exception being that of the tenant whose landlord has reserved the game in his lands. Thus it may be inferred that a poacher provided with a certificate could not be brought within the limits of the Act relating to poaching on highways.
Game certificates are now regulated by 23 & 24 Vict. c. 90. Section 4 enacts that “any person, before he shall in Great Britain take, kill, or pursue, or aid or assist in any manner in the taking, killing, or pursuing, by any means whatever, or use any dog, gun, net, or other engine for the purpose of taking, killing, or pursuing any game, or any woodcock, snipe, quail, landrail, or any coney, or any deer, shall take out a proper licence to kill game under this Act ”—subject to a penalty of £20. There are, however, certain exceptions and exemptions. As to licences to deal in game, any person who shall have obtained a licence to deal in game from the justice.? of the peace under the provisions of 1 & 2 Will. IV. c. 32, and 2 ώ 3 Vict. c. 35, shall annually and during the continuance of such licence, and before he shall be empowered to deal in game under such licence, obtain a further licence to deal in game under this Act, and only those who have obtained licence from the justices shall be licensed under the Act, i.e., by the Inland Revenue. By 11 & 12 Vict. c. 29 any occupier or owner having the right of killing game may, by himself or by any person authorized by him in writing, kill hares without paying duty or taking out licence.
Most of the Acts cited above apply to Scotland as well as England, and when they do not there are special enactments for Scotland having substantially the same effect. The more important statutes specially affecting Scotland are the 13 Geo. III. c. 54, which fixes a close time for killing, selling, buying, &c., muirfowl, heathfowl, partridge, and pheasant; the 2 & 3 Will. IV. c. 68 (the Trespass Act); the 11 & 12 Vict. c. 30 (Hares Killing Act); and the 40 & 41 Vict. c. 28. The last is to some extent a departure from the general policy of the game laws, being an attempt to provide compensation to tenants for damage caused by game. In effect it will be found to belong to the class of “permissive” statutes. The important section is the 4th “Where, under any lease made subsequently to the commencement of this Act, or where, by presumption of common law, upon any land occupied under a lease made subsequently to the commencement of this Act, the lessor shall reserve or retain the sole right of hunting, killing, or taking rabbits, hares, or other game, or any of them, the lessee shall be entitled to compensation for the damage done to his crops in each year by the rabbits and hares, or other game, to which the lessor may have reserved or retained the whole right, in excess of such sum as may have been set forth in the lease as the amount of annual damage for which it is agreed no compensation shall be due; and if no such sum shall be set forth, then in excess of the sum of forty shillings.”
Scotch law, differing in this respect from English law, infers that, when the lease contains no stipulations as to game, the landlord reserves the right of killing game to himself, The Act contains provisions for settling claims of damage either by arbitration or by action at law. Leases made before the Act are not to be affected thereby. The old Act of 1621, “anent hunting and haulking,” is cited in the schedule of the last-mentioned Act; it “ordaines that no mln hunt nor haulk at any time hereafter who hath not a plough of land in heritage, under the pain of £100.” It is, of course, practically obsolete. (e. r.)
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GAMES. The public games of Greece and Rome were athletic contests and spectacles of various kinds, generally connected with and forming part of a religious observance. Probably no institution exercised a greater influence in moulding the national character, and producing that unique type of physical and intellectual beauty which we see reflected in Greek art and literature, than the public contests of Greece. Fo them each youth was trained in the gymnasium, they were the central mart whither poet, artist, and merchant each brought his wares, and the common ground of union for every member of the Hellenic race. It is to Greece then that we must look for the earliest form and the fullest development of ancient games, and we propose in the present article to treat principally of the Greek αγώνες. The shows of the Roman circus and amphitheatre were at best a shadow, and in the later days of the empire a travesty, of the Olympia and Pythia, and require only a cursorÿ notice. “Corruptio optimi fit pessima.” From the noblest spectacle in the world, the Greek Olympia, the downward course of public games can be traced, till we reach the ignoblest, the Roman amphitheatre, of whose horrors we may still form a faint picture from its last survival, the Spanish bull-fight....
The earliest games of which we have any record are those at the funeral of Patroclus, which form the subject of the twenty-third Iliad. They are noticeable both as showing that the belief that the dead would be appeased or gratified by the same exhibitions which pleased them in life was a common heritage of Greeks and Romans from their Aryan progenitors, and as already including all the distinctive competitions which we find in historical times,—the chariotrace, archery, boxing, wrestling, and putting the weight. Each of the great Grecian games was held near some shrine or consecrated spot, and is connected by myth or legend with some hero, demigod, or local deity.
The Olympian games were the earliest, and to the last they remained the most celebrated of the four national festivals. Olympia was a naturally enclosed spot in the rich plain of Elis, bounded on the N. by the rocky heights of Kronos, and on the S. and W. by the Alpheus and its tributary the Kladeus. There was the grove of Altis, in which were ranged the statues of the victorious athletes, and the temple of Olympian Zeus with the chryselephantine statue of the god, the masterpiece of Phidias. There Hercules (so ran the legend which Pindar has introduced in one of his finest odes), when he had conquered Elis and slain its king Augeas, consecrated a temenos and instituted games in honour of his victory. A later legend, which probably embodies historical fact, tells how, when Greece was torn by dissensions and ravaged by pestilence, Iphitus inquired of the oracle for help, and was bidden restore the games which had fallen into desuetude; and there was in the time of Pausanias, suspended in the temple of Hera at Olympia, a bronze disk whereon were inscribed, with the regulations of the games, the names of Iphitus and Lycurgus. From this we may safely infer that the games were a primitive observance of the Eleians and Pisans, and first acquired their celebrity from the powerful concurrence of Sparta. In 776 b.c. the Eleians engraved the name of their countryman Coroebus as victor in the foot race, and thenceforward we have an almost unbroken list of the victors in each succeeding Olympiad or fourth recurrent year. For the next fifty years no names occur butthose of Eleians or their next neighbours. After 720 b.c. we find Corinthians and Megareans, and later still Athenians and extra-Peloponnesians. Thus what at first was nothing more than a village bout became a bond of union for all the branches of the Doric race, and grew in time to be the high feast to which every Greek gathered, from the mountain fastnesses of Thessaly to the remotest colonies of Cyrene and Marseilles. It survived even the extinction of Greek liberty, and had nearly completed twelve centuries when it was abolished by the decree of the Christian emperor Theodosius, in the tenth year of his reign. The last Olympiau victor was a Romanized Armenian named Varastad.
Let us attempt to call up the scene which Olympia in [its palmy days must have presented as the great festival approached. Heralds had proclaimed throughout Greece the truce of God, which put a stop to all warfare, and ensured to all a safe conduct during the sacred month. So religiously was this observed that the Spartans chose to risk the liberties of Greece, when the Persians were at the gates of Pylae, rather than march during the holy days. Those white tents which stand out against the sombre grey of the olive groves belong to the Hellanodicae, or ten judges of the games, chosen one for each tribe of the Eleians. They have been here already ten months, receiving instruction in their duties. All, too, or most of the athletes must have arrived, for they have been undergoing the indispensable training in the gymnasium of the Altis. But along the “holy road” from the town of Elis there are crowding a motley throng. Conspicuous in the long train of pleasureseekers are the 0εωpoi or sacred deputies, clad in their robes of office, and bearing with them in their carriages of state offerings to the shrine of the god. Nor is there any lack of distinguished visitors. It may be Alcibiades, who, they say, has entered no less than seven chariots; or Gorgias, who has written a famous ∈7rt‰^ις for the occasion ; or the sophist Hippias, who boasts that all he ⅛ears about him, from the sandals on his feet to the dithyrambs he carries in his hand, are his own manufacture; or Aetion, who will exhibit his picture of the Marriage of Alexander and Roxana—the picture which gained him no less a prize than the daughter of the Hellanodices Praxonides; or, in an earlier age, the poet-laureate of the Olympians, Pindar himself. Lastly, as at the mediaeval tournament, there are “store of ladies whose bright eyes rain influence;” matrons, indeed, are excluded on pain of death, but maidens, in accordance with Spartan manners, are admitted to the show.
At daybreak the athletes presented themselves in the Bouleuterion, where the presidents were sitting, and proved by witnesses that they were of pure Hellenic descent, and had no stain, religious or civil, on their character. Laying their hands on the bleeding victim, they swore that they had duly qualified themselves by ten months’ continuous training in the gymnasium, and that they would use no fraud or guile in the sacred contests. Thence they proceeded to the stadium, where they stripped to the skin and anointed themselves. A herald proclaimed—“Let the runners put their feet to the line,” and called on the spectators to challenge any disqualified by blood or character. If no objection was made, they were started by the note of the trumpet, running in heats of four, ranged in the places assigned them by lot. Tho presidents seated near the goal adjudged the victory. The footrace was only one of twenty-four Olympian contests which Pausanias enumerates, though we must not suppose that these were all exhibited at any one festival. Till the 77th Olympiad all was concluded in one day, but afterwards the feast was extended to five. The order of the games is for the most part a matter of conjecture, but, roughly speaking, the historical order of their institutiou was followed. We will now describe in this order the most important.
(1.) The foot-race. For the first 13 Olympiads the δρό/wç, or single lap of the stadium, which was 200 yards long, was the only contest. The δίαυλον, in which the course was traversed twice, was added in the 14th Olympiad, and in the 15 th the δόλιχο?, or long race, of 7, 12, or, according to the highest computation, 24 laps, over 3 miles in length. We are told that the Spartan Ladas, after winning this race, dropped down dead at the goal. There was also, for a short time, a race in heavy armour, which Plato highly commends as a preparation for active service. (2.) Wrestling was introduced in the 18th Olympiad. The importance attached to this exercise is shown by the very word palcεstra, and Plutarch calls it the most artistic and cunning of athletic games. The practice differed little from that of modern time3, save that the wrestler’s limbs were anointed with oil and sprinkled with sand. The third throw, which decided the victory, passed into a proverb, and struggling on the ground, such as we see in the famous statue at Florence, was not allowed, at least at the Olympia. (3.) In the same year was introduced the 7rεvτα0λov, a combination of the five games enumerated in the well-known pentameter ascribed to Simonides :—
g,∖μα, πoδωκe'ιηv, δίσκον, 6,.covτa, πάλην.
Only the first of these calls for any comment. The only leap practised seems to have been the long jump. The leapers increased their momentum by means of aλτηρcς or dumb-bells, which' they swung in the act of leaping. By the help of them, and of the spring-board, enormous distances were covered, though the leap of 55 feet with which Phayllus is credited is simply incredible. It is disputed whether a victory in all five contests, or in three at least, was required to win the πivτaθλov. (4.) Boxing was added in the 23d Olympiad. The rules were much the same as those of the modem ring, except that the boxer’s fists and wrists were armed with straps of leather. The force of the blow was thereby increased; but no arm so terrible as the cestus of the Romans can ever have been admitted in Greek contests, seeing that the death of an antagonist not only disqualified a combatant, but was severely punished. In the pancraiùm, a combination of wrestling and boxing, the use of these straps, and even of the clenched fist, was disallowed. (5.) The chariot-race had its origin in the 23d Olympiad. It was held in the hippodrome, a race-course 1200 feet long by 400 broad, laid out on the left side of the hill of Kronos. The whole circuit had to be traversed twelve times. In the centre near the further end was the pillar or goal (the spina of the Romans), round which the chariots had to turn. “To shun the goal with rapid wheels” has been well selected by Milton as the most graphic feature of the Olympian games. So dangerous indeed was the manoeuvre that, according to Pausanias, a mysterious horror attached to the spot, and horses « hen they passed it would start in terror without visible cause, upsetting the chariot and wounding the driver. The number of chariots that might appear on the course at once is uncertain. Pindar (Pyth., v. 46) praises Arcesilaus of Cyrene for having brought off his chariot uninjured in a contest where no fewer than forty took part. The large outlay involved excluded all but rich competitors, and even kings and tyrants eagerly contested the palm. Thus in the list of victors we find the names of Cylon, the would-be tyrant of Athens, Pausanias the Spartan king, Archelaus of Macedon, Gelon and Hiero of Syracuse, and Theron of Agrigentum. Chariot-races with mules, with mares, with two horses in place of four, were successively introduced, but none of these present any special interest. Races on horseback date from the 33d Olympiad. As the course was the same, success must have depended on skill as much as on swiftness. Lastly, there were athletic contests of the same description for boys, and a competition of heralds and trumpeters, introduced in the 93d Olympiad.
The prizes were at first, as in the Homeric times, of some intrinsic value, but after the 6th Olympiad the only prize for each contest was a garland of wild olive, which was cut with a golden sickle from the kallistephanos, the sacred tree brought by Hercules “from the dark fountains of Ister in the land of the Hyperboreans, to be a shelter common to all men and a crown of noble deeds” (Pindar, Ol. i iii. 18). Greek writers from Herodotus to Plutarch dwell with complacency on the magnanimity of a race who cared for nothing but honour and were content to struggle for a corruptible crown. But though the Greek games present in this respect a favourable contrast to the greed and gambling of the modern race-course, yet to represent men like Milon and Damoxenus as actuated by pure love of glory is a pleasing fiction of the moralists. The successful athlete received in addition to the immediate honours very substantial rewards. A herald proclaimed his name, his parentage, and his country; the Hellanodicae took from a table of ivory and gold the olive crown and placed it on his head, and in his hand a branch of palm; as he marched in the sacred revel to the temple of Zeus, his friends and admirer3 showered in his path fioweι ’ 3 and costly gifts, singing the old song of Archilochus, τr)v∈λλα καλλίνικε, and his name was canonized in the Greek calendar. Fresh honours and rewards awaited him on his return home. If he was an Athenian he received, according to the law of Solon, 500 drachmae, and free rations for life in the Prytaneum; if a Spartan, he had as his prerogative the post of honour in battle. Poets like Pindar, Simonides, and Euripides sung his praises, and sculptors like Phidias and Praxiteles were engaged by the state to carve his statue. We even read of a breach in the town walls being made to admit him, as if the common road were not good enough for such a hero; and there are well-attested instances of altars being built and sacrifices offered to a successful athlete. No wonder then that an Olympian prize was regarded as the crown of human happiness. Cicero, with a Roman’s contempt for Greek frivolity, observes with a sueer that an Olympian victor receives more honours than a triumphant general at Rome, and tells the story of the Rhodian Diagoras, who, having himself won the prize at Olympia, and seen his two sons crowned on the same day, was addressed by a Laconian in these words :— “Die, Diagoras, for thou hast nothing short of divinity to desire.” Alcibiades, when setting forth his services to the state, puts first his victory at Olympia, and the prestige he had won for Athens by his magnificent display. But perhaps the most remarkable evidence of the exaggerated value which the Greeks attached to athletic prowess is a casual expression which Thucydides employs when describing the enthusiastic reception of Brasidas at Scione. The Government, he says, voted him a crown of gold, and the multitude flocked round him and decked him with garlands, as though he were an athlete.
The above description of the Olympian games will serve generally for the other great festivals of Greece. Without entering on any detailed account of these, it will be sufficient here to glance at the most prominent characteristics of each.
The Pythian games, second only to the Olympian in importance, were founded after the first Sacred War out of the spoils of Cirrha, 595 b.c. Originally a local festival held every eighth year in honour of the Delphic god, with no other contests but in the harp and the paean—in fact a sort of Greek Eisteddfod—they developed into a common άγων for all Greece (so Demosthenes calls them), with all the games and races of Olympia, from which they were distinguished only by their musical and poetical competitions. They were held under the superintendence of the Amphictyones in the autumn or first half of every third Olympian year. The prizes were a wreath of laurel and a palm.
The Nemean games, originally a warlike gathering and review, were held in honour of Nemean Zeus at the grove of Nemea, between Cleonae and Phlius, in the second and fourth year of each Olympiad. They date from about 570 b.c. The prize was a chaplet of parsley.
The Isthmian games, founded a little earlier than the Nemean, partook at first of the nature of mysteries. They were held on the narrowest part of the Isthmus of Corinth in honour of Poseidon in the first and third year of each Olympiad. Their prize was a wreath of pine leaves. The importance of the Isthmian games in later times is shown by the fact that Flamininus chose the occasion for proclaiming the liberation of Greece, 196 b.c. That at a later anniversary (67 a.d.) Nero repeated the proclamation of Flamininus, and coupled with it the announcement of his own infamous victory at Olympia, shows alike the hollowness of the first gift and the degradation which had befallen the Greek games, the last faint relic of Greek worth and independence.
The Ludi Ρτd>lici of the Romans included feasts and theatrical exhibitions as well as the public games with which alone we are concerned. As in Greece, they were intimately connected with religion. At the beginning of each civil year it was the duty of the consuls to vow to the gods games for the safety of the commonwealth, and the expenses were defrayed by the treasury. Thus, at no cost to themselves, the Roman public were enabled to indulge at the same time their religious feelings and their love of amusement. Their taste for games naturally grew till it became a passion, and under the empire games were looked upon by the mob as one of the two necessaries of life. The aediles who succeeded to this duty of the consuls were expected to supplement the state allowance from their private purse. Political adventurers were not slow to discover so ready a road to popularity, and what at first had been exclusively a state charge devolved upon men of wealth and ambition. A victory over some barbarian horde or the death of a relation served as the pretext for a magnificent display. But the worst extravagance of private citizens was eclipsed by the reckless prodigality of the Caesars, who squandered the revenues of whole provinces in catering for the mob of idle sight-seers on whose favour their throne depended. But though public games played as important a part in Roman as in Greek history, and must be studied by the Roman historian as an integral factor in social and political life, yet, regarded solely as exhibitions, they are comparatively devoid of interest, and we sympathize with Pliny, who asks his friend how any man of sense can go day after day to view the same dreary round of fights and races.
It is easy to explain the different feelings which the games of Greece and of Rome excite. The Greeks at their best were actors, the Romans from first to last were spectators. It is true that even in Greek games the professional element played a large and ever-increasing part. As early as the 6th century b.c. Xenophanes complains that the wrestler’s strength is preferred to the wisdom of the philosopher, and Euripides, in a well-known fragment, holds up to scorn the brawny swaggering athlete. But what in Greece was a perversion and acknowledged to be such, the Romans not only practised but held up as their ideal. No Greek, however high in birth, was ashamed to compete in person for the Olympic crown. The Roman, though little inferior in gymnastic exercises, kept strictly to the privacy of the palaestra; and for a patrician to appear in public as a charioteer is stigmatized by the satirist as a mark of shameless effrontery.
Roman games are generally classified as fixed, extraordinary, and votive·, but for our present purpose they may be more conveniently grouped under two heads according to the place where they were held, viz., the circus or the amphitheatre.
For the Roman world the circus was at once a political club, a fashionable lounge, a rendezvous of gallantry, a betting ring, and a playground for the million. Juvenal, speaking loosely, says that in his day it held the whole of Rome; and there is no reason to doubt the precise statement of P. Victor, that in the Circus Maximus there were seats for 350,000 spectators. Of the various Ludi Circeηces it may be enough here to give a short account of the most important, the Ludi Magni or Maximi.
Initiated according to legend by Tarquinius Priscus, the Ludi Magni were originally a votive feast to Capitoline Jupiter, promised by the general when he took the field, and performed on his return from the annual campaign. They thus presented the appearance of a military spectacle, or rather a review of the whole burgess force, which marched in solemn procession from the Capitol to the fonιm and thence...
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Games and combats were instituted by the ancients in honour of their gods; and were celebrated with that view by the most polished and enlightened nations of antiquity. The most renowned heroes, legislators, and statesmen, did not think it unbecoming their character and dignity, to mingle with the combatants, or contend in the race; they even reckoned it glorious to share in the exercises, and meritorious to carry away the prize. The victors were crowned with a wreath of laurel in presence of their country; they were celebrated in the rapturous effusions of their poets; they were admired, and almost adored, by the innumerable multitudes which flocked to the games, from every part of Greece, and many of the adjacent countries. They returned to their own homes in a triumphal chariot, and made their entrance into their native city, not through the gates which admitted the vulgar throng, but through a breach in the walls, which were broken down to give them admission; and at the same time to express the persuasion of their fellow citizens, that walls are of small use to a city defended by men of such tried courage and ability. Hence the surprising ardour which animated all the states of Greece to imitate the ancient heroes, and encircle their brows with wreaths, which rendered them still more the objects of admiration or envy to succeeding times, than the victories they had gained, or the laws they had enacted....
But the institutors of those games and combats had higher and nobler objects in view than veneration for the mighty dead, or the gratification of ambition or vanity; it was their design to prepare the youth for the profession of arms; to confirm their health; to improve their strength, their vigour, and activity; to inure them to fatigue; and to render them intrepid in close fight, where, in the infancy of the art of war, muscular force commonly decided the victory. This statement accounts for the striking allusions which the Apostle Paul makes in his epistles to these celebrated exercises. Such references were calculated to touch the heart of a Greek, and of every one familiarly acquainted with them, in the liveliest manner, as well as to place before the eye of his mind the most glowing and correct images of spiritual and divine things. No passages in the nervous and eloquent epistles from the pen of St. Paul, have been more admired by the critics and expositors of all times, than those into which some allusion to these agonistic exercises is introduced; and, perhaps, none are calculated to leave a deeper impression on the Christian’s mind, or excite a stronger and more salutary influence on his actions. Certain persons were appointed to take care that all things were done according to custom, to decide controversies that happened among the antagonists, and to adjudge the prize to the victor. Some eminent writers are of opinion that Christ is called the “Author and Finisher of faith,” in allusion to these judges. Those who were designed for the profession of _athletæ_, or combatants, frequented from their earliest years the academies maintained for that purpose at the public expense. In these places they were exercised under the direction of different masters, who employed the most effectual methods to inure their bodies for the fatigues of the public games, and to form them for the combats. The regimen to which they submitted was very hard and severe. At first, they had no other nourishment than dried figs, nuts, soft cheese, and a gross heavy sort of bread called μάζα; they were absolutely forbidden the use of wine, and enjoined continence. When they proposed to contend in the Olympian games, they were obliged to repair to the public gymnasium at Elis, ten months before the solemnity, where they prepared themselves by continual exercises. No man that had omitted to present himself at the appointed time, was allowed to be a candidate for the prizes; nor were the accustomed rewards of victory given to such persons, if by any means they insinuated themselves, and overcame their antagonists; nor would any apology, though seemingly ever so reasonable, serve to excuse their absence. No person that was himself a notorious criminal, or nearly related to one, was permitted to contend. Farther, to prevent underhand dealings, if any person was convicted of bribing his adversary, a severe fine was laid upon him; nor was this alone thought a sufficient guard against unfair contracts, and unjust practices, but the contenders were obliged to swear they had spent ten whole months in preparatory exercises; and, beside all this, they, their fathers, and their brethren, took a solemn oath, that they would not, by any sinister or unlawful means, endeavour to stop the fair and just proceedings of the games.
The spiritual contest, in which all true Christians aim at obtaining a heavenly crown, has its rules also, devised and enacted by infinite wisdom and goodness, which require implicit and exact submission, which yield neither to times nor circumstances, but maintain their supreme authority, from age to age, uninterrupted and unimpaired. The combatant who violates these rules forfeits the prize, and is driven from the field with indelible disgrace, and consigned to everlasting wo. Hence the great Apostle of the Gentiles exhorts his son Timothy strictly to observe the precepts of the Gospel, without which, he can no more hope to obtain the approbation of God, and the possession of the heavenly crown, than a combatant in the public games of Greece, who disregarded the established rules, could hope to receive from the hands of his judge the promised reward: “And if a man also strive for masteries, yet is he not crowned except he strive lawfully,” 2 Tim. ii, 5, or according to the established laws of the games. Like the Grecian combatants, the Christian must “abstain from fleshly lusts,” and “walk in all the statutes and commandments of the Lord, blameless.” Such was St. Paul; and in this manner he endeavoured to act: “But I keep under my body, and bring it into subjection: lest that by any means, when I have preached to others, I myself should be a cast-away,” 1 Cor. ix, 27. The latter part of this verse Doddridge renders, “lest after having served as a herald I should be disapproved;” and says in a note, “I thought it of importance to retain the primitive sense of these gymnastic expressions.” It is well known to those who are at all acquainted with the original, that the word used means to discharge the office of a herald, whose business it was to proclaim the conditions of the games, and display the prizes, to awaken the emulation and resolution of those who were to contend in them. But the Apostle intimates, that there was this peculiar circumstance attending the Christian contest, that the person who proclaimed its laws and rewards to others, was also to engage in it himself; and that there would be a peculiar infamy and misery in his miscarrying. Ἀδόκιμος, which we render _cast-away_, signifies one who is disapproved by the judge of the games, as not having fairly deserved the prize: he therefore loses it; even the prize of eternal life. The rule which the Apostle applies to himself he extends in another passage to all the members of the Christian church: “Those who strive for the mastery are temperate in all things; now they do it to obtain a corruptible crown, but we an incorruptible.” Tertullian uses the same thought to encourage the martyrs. He urges constancy upon them, from what the hopes of victory made the _athletæ_ endure; and repeats the severe and painful exercises they were obliged to undergo, the continual anguish and constraint in which they passed the best years of their lives, and the voluntary privation which they imposed on themselves, of all that was most grateful to their appetites and passions.
The _athletæ_ took care to disencumber their bodies of every article of clothing which could in any manner hinder or incommode them. In the race, they were anxious to carry as little weight as possible, and uniformly stripped themselves of all such clothes as, by their weight, length, or otherwise, might entangle or retard them in the course. The Christian also must “lay aside every weight, and the sin which doth so easily beset” him, Heb. xii, 1. In the exercise of faith and self-denial, he must “cast off the works of darkness,” lay aside all malice and guile, hypocrisies, and envyings, and evil speakings, inordinate affections, and worldly cares, and whatever else might obstruct his holy profession, damp his spirits, and hinder his progress in the paths of righteousness.
The foot race seems to have been placed in the first rank of public games, and cultivated with a care and industry proportioned to the estimation in which it was held. The Olympic games generally opened with races, and were celebrated at first with no other exercise. The lists or course where the _athletæ_ exercised themselves in running, was at first but one stadium in length, or about six hundred feet; and from this measure it took its name, and was called the _stadium_, whatever might be its extent. This, in the language of St. Paul, speaking of the Christian’s course, was “the race which was set before them,” determined by public authority, and carefully measured. On each side of the stadium and its extremity, ran an ascent or kind of terrace, covered with seats and benches, upon which the spectators were seated, an innumerable multitude collected from all parts of Greece, to which the Apostle thus alludes in his figurative description of the Christian life: “Seeing we are compassed about with so great a cloud of witnesses, let us lay aside every weight,” Heb. xii, 1. The most remarkable parts of the stadium were its entrance, middle, and extremity. The entrance was marked at first only by a line drawn on the sand, from side to side of the stadium. To prevent any unfair advantage being taken by the more vigilant or alert candidates, a cord was at length stretched in front of the horses or men that were to run; and sometimes the space was railed in with wood. The opening of this barrier, was the signal for the racers to start. The middle of the stadium was remarkable, only by the circumstance of having the prizes allotted to the victors set up there. From this custom, Crysostom draws a fine comparison: “As the judges in the races and other games, expose in the midst of the stadium, to the view of the champions, the crowns which they were to receive; in like manner, the Lord, by the mouth of his prophets, has placed the prizes in the midst of the course, which he designs for those who have the courage to contend for them.” At the extremity of the stadium was a goal, where the foot races ended; but in those of chariots and horses, they were to run several times round it without stopping, and afterward conclude the race by regaining the other extremity of the lists from whence they started. It is therefore to the foot race the Apostle alludes, when he speaks of the race set before the Christian, which was a straight course, to be run only once, and not, as in the other, several times without stopping.
According to some writers, it was at the goal, and not in the middle of the course, that the prizes were exhibited; and they were placed in a very conspicuous situation, that the competitors might be animated by having them always in their sight. This accords with the view which the Apostle gives of the Christian life: “Brethren, I count not myself to have apprehended; but this one thing I do, forgetting those things which are behind, and reaching forth unto those things, which are before, I press toward the mark for the prize of the high calling of God in Christ Jesus,” Phil. iii, 13, 14. L’Enfant thinks, the Apostle here alludes to those who stood at the elevated place at the end of the course, calling the racers by their names, and encouraging them by holding out the crown, to exert themselves with vigour. Within the measured and determinate limits of the stadium, the _athletæ_ were bound to contend for the prize, which they forfeited without hope of recovery, if they deviated ever so little from the appointed course.
The honours and rewards granted to the victors were of several kinds. They were animated in their course by the rapturous applauses of the countless multitudes that lined the stadium, and waited the issue of the contest with eager anxiety; and their success was instantly followed by reiterated and long continued plaudits; but these were only a prelude to the appointed rewards, which, though of little value in themselves, were accounted the highest honour to which a mortal could aspire. These consisted of different wreaths of wild olive, pine, parsley, or laurel, according to the different places where the games were celebrated. After the judges had passed sentence, a public herald proclaimed the name of the victor; one of the judges put the crown upon his head, and a branch of palm into his right hand, which he carried as a token of victorious courage and perseverance. As he might be victor more than once in the same games, and sometimes on the same day, he might also receive several crowns and palms. When the victor had received his reward, a herald, preceded by a trumpet, conducted him through the stadium, and proclaimed aloud his name and country; while the delighted multitudes, at the sight of him, redoubled their acclamations and applauses.
The crown in the Olympic games was of wild olive; in the Pythian, of laurel; in the Isthmian or Corinthian, of pine tree; and in the Nemæan, of smallage or parsley. Now, most of these were evergreens; yet they would soon grow dry, and crumble into dust. Elsner produces many passages in which the contenders in these exercises are rallied by the Grecian wits, on account of the extraordinary pains they took for such trifling rewards; and Plato has a celebrated passage, which greatly resembles that of the Apostle, but by no means equals it in force and beauty: “Now they do it to obtain a corruptible crown, but we an incorruptible.” The Christian is thus called to fight the good fight of faith, and to lay hold of eternal life; and to this he is more powerfully stimulated by considering that the ancient _athletæ_ took all their care and pains only for the sake of obtaining a garland of flowers, or a wreath of laurel, which quickly fades and perishes, possessed little intrinsic value, and only served to nourish their pride and vanity, without imparting any solid advantage to themselves or others; but that which is placed in the view of the spiritual combatants, to animate their exertions, and reward their labours, is no less than a crown of glory which never decays; “an inheritance incorruptible, undefiled, and that fadeth not away, reserved in heaven for them,” 1 Pet. i, 4; v, 4. But the victory sometimes remained doubtful, in consequence of which a number of competitors appeared before the judges, and claimed the prize. The candidates who were rejected on such occasions by the judge of the games, as not having fairly merited the prize, were called by the Greeks ἀδοκιμοί, or _disapproved_, which we render _cast away_, in a passage already quoted from St. Paul’s First Epistle to the Corinthians: “But I keep under my body, and bring it into subjection, lest that by any means, when I have preached to others, I myself should be, ἀδόκιμος, cast away,” rejected by the Judge of all the earth, and disappointed of my expected crown. What has been observed concerning the spirit and ardour with which the competitors engaged in the race, and concerning the prize they had in view to reward their arduous contention, will illustrate the following sublime passage of the same sacred writer in his Epistle to the Philippians: “Not as though I had already attained, either were already perfect; but I follow after, if that I may apprehend that for which also I am apprehended of Christ Jesus. Brethren, I count not myself to have apprehended: but this one thing I do, forgetting those things which are behind, and reaching forth unto those things which are before, I press toward the mark, for the prize of the high calling of God in Christ Jesus,” Phil. iii, 12–14. The affecting passage, also, of the same Apostle, in the Second Epistle of Timothy, written a little before his martyrdom, is beautifully allusive to the above-mentioned race, to the crown that awaited the victory, and to the Hellanodics or judges who bestowed it: “I have fought a good fight, I have finished my course, I have kept the faith. Henceforth there is laid up for me a crown of righteousness, which the Lord, the righteous Judge, shall give me at that day: and not to me only, but to all them also that love his appearing,” 2 Tim. iv, 8.
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