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BANDITS IN THE ROMAN EMPIRE<br />

shown that they always fall into one of these categories. To be blunt, the<br />

historical bandits are no different from the fictional. 27 It must be said that<br />

such similarity should not lead to the conclusion that the fictional bandits<br />

were drawn closely from life, but rather to the exact opposite, that in the telling<br />

of their stories the historical bandits were made into romantic figures.<br />

It is the main contention of this study that historians made historical<br />

bandits look like bandits in novels, not that novelists modelled their bandits<br />

on those in history. Both fictional and historical bandits were the projections<br />

of contemporary ideas. The nature and function of these ideas will be examined<br />

below.<br />

We can get closer to social reality in Antiquity by means of the legal<br />

texts, as found in the Corpus Iuris Civilis and in textbooks by the classical<br />

Roman jurists. These show that the state regarded banditry as a social and<br />

legal problem. From the repeated concern of the legal texts with the criminal<br />

act of ‘robbery’, as evidenced in imperial rescripts and constitutions, we can<br />

see periods in which banditry clearly reached a threatening level. In particular<br />

(and something which we know from contemporary experience), intensification<br />

of punishment reveals at least as much about the helplessness of the<br />

state as about its decisiveness. Further information comes from inscriptions<br />

recording the violent deaths of individuals at the hands of robber bands. We<br />

are provided with particular and detailed information concerning banditry,<br />

theft and other forms of criminal behaviour in the Roman period by the<br />

Egyptian papyri. However, I will postpone discussion of these areas until<br />

Chapter 1.<br />

The number and character of the sources have further consequences for<br />

the methods by which the topic of bandits can be pursued. Summarising<br />

this review of the material, I would again emphasise that our knowledge of<br />

Roman robbery and banditry rests on two types of information: first, on the<br />

(few) reports of concrete instances and, second, on the utterances of ancient<br />

authors, generally based on no specific case and never to be taken at face<br />

value.<br />

The first major problem with regard to methodology is that the number<br />

of reported cases is almost zero relative to the number that we can roughly<br />

estimate as having occurred. It is thanks to a more or less accidental reference<br />

by a single author that we know that Ephesus, in the imperial period,<br />

possessed an archive in which were stored the city’s criminal records. 28 Of<br />

course, we are almost entirely lacking in such sources. A happy exception<br />

to this rule is provided by the records of the police archives of a community<br />

(a nome) in Egypt under the early Principate, dealt with in Chapter 1<br />

(pp. 25ff.). There is simply not enough information for empirical research.<br />

Likewise, the depth of information given for a particular case is usually so<br />

shallow that it cannot serve as a model for a larger number of apparently<br />

identical or similar instances.<br />

8

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