Context for understanding the Ransom Theory

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Peter Kirby
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Context for understanding the Ransom Theory

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Anna Tarwacka, "Pirates’ Captives in Light of Roman Law" in Roman Law and Maritime Commerce, pp. 41-56.

The subject of maritime robbery has been discussed in literature since the time of Homer. Let us start with the myths. The best-known myth is the story of the kidnapping of Dionysus, whom the pirates expected to sell to earn profit as he was a handsome young man. The infuriated god made his persecutors mad and when they jumped into the sea, he turned them into dolphins. The steersman, who recognised the deity and tried to dissuade his companions from their plans of robbery, was the only person to be spared. Quoted by many authors, the myth may shed some light on the treatment of pirate captives. The versions of the story vary: whereas sometimes Dionysus is abducted from a rock at other times he enters a Tyrrhenian ship as a passenger, and only on the high seas it turns out that the sailors do not intend to take him to Naxos but want to sell him into slavery. This may indicate that one of the ways pirates operated was to offer shipping services in order to bloodlessly obtain loot and prisoners.

In Ovid, it was Bacchus who complained about the heartlessness and cynicism of pirates, who broke their promises, and asked what the glory was in persecuting a younger person. This complaint seems very genuine. The poet Arion was also supposed to be a mythical abducted passenger. The Corinthians who were transporting him decided to rob him of the prizes he had won in a music competition. Arion himself was to be killed as an unnecessary burden. He asked to be able to play the last tune and when he later threw himself into the sea, he was saved by a dolphin attracted by his music. In this story, there also appears a theme of dishonest carriers who turn out to be sea robbers.

As one can see, for those travelling by sea and being on the coast, abductions perpetrated by pirates always posed a serious problem. Captivity was the most frequent fate of prisoners. ... However, it should be emphasised that, as a rule, capture by pirates led to loss of freedom and captives were often sold as slaves, usually far from their place of origin.

...

The other option used by pirates during raids was abducting prisoners in order to obtain a ransom. Ordinary people were not the only victims of pirate attacks; sometimes they were famous personas. For instance, Antonia, Mark Antony’s daughter, was captured, perhaps by way of revenge as her father led an anti-piracy campaign in Cilicia in 102 BC. Clodius was also abducted and apparently had difficulty collecting the ransom. In fact, magistrates like legates, quaestors and praetors could become prisoners too.36 The praetors, moreover, were sometimes captured on land along with an escort of lictors. Finally, one cannot forget about the most famous case, namely the kidnapping of Julius Caesar.

Obviously, in this situation, the key issue was the question of paying the ransom to the pirates, which is very interesting from a legal point of view. Literary texts show that the moral and customary obligation to pay the ransom rested on the relatives of the abductee. This is attested to by fragments of works by Seneca the Elder and Quintilian, in which the theme of being captured by pirates appeared many times. Relatives, most often fathers or sons of the victim, had to pay a ransom, which often required a journey to the ‘lion’s den’ – ire ad redemptionem.

The text shows that it was not safe: the buyer risked being captured and sharing their fate with the person they wanted to buy out. After all, they negotiated with criminals who were not bound by the norms of the ius gentium. In the absence of money for the ransom, a relative could also offer to be captured by the pirates in exchange for releasing the abductee (vicariis manibus redimere).

However, failing to buy out a relative was treated as neglect of the officium unless it was due to poverty. Captives could get better treatment by informing the pirates they had relatives, as this gave hope for a ransom. The lack of money could prove disastrous for the prisoner. Pirates used to kill such abductees, as shown by the numerous crosses they set up: cruces eorum, qui non redimuntur.

When relatives were not present or were unable to collect enough money, somebody else could pay the ransom. This behaviour was considered virtuous. Cicero distinguished two categories of generous people: the prodigal; and the noble. The former spent money on fleeting pleasures, while the latter paid off their friends’ debts, provided for their daughters’ dowries or bought them out from pirates. Squandering was universally condemned by the Romans, as it could lead to a reduction in their capacity to perform legal actions; on the other hand, generosity was viewed favourably.

I don't know about you, but reading just a couple pages of Roman Law and Maritime Commerce that I just stumbled on has helped me understand it better than IDK how many theologically-oriented essays I've read on the subject.
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Re: Context for understanding the Ransom Theory

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Might Explain Marcion the Mariner
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Re: Context for understanding the Ransom Theory

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https://library.oapen.org/bitstream/han ... sAllowed=y (p. 49)
In the absence of money for the ransom, a relative could also offer to be captured by the pirates in exchange for releasing the abductee (vicariis manibus redimere).[42]

[42] Cf Quint. Decl. mai. 6; Ps.-Quint. Decl. min., 342
Ps.-Quint. Decl. min., 342
A man who had a father and sister was captured by pirates. The pirates wrote to his father to send his daughter as a substitute (vicariam), to be the wife of the pirate chief. He sent a slave girl dressed as a lady. The young man was returned.

https://www.thelatinlibrary.com/quintil ... mai6.shtml
Whoever deserts their parents in calamity shall be cast out unburied. He who had a wife and son, captured by pirates, wrote home for ransom (redemptione). His wife, weeping, lost her sight. His son, holding onto his mother, set out and redeemed his father with borrowed hands (vicariis manibus redemit). The same person died in chains. Cast into the sea and washed ashore, he was thrown out on his homeland. The father wants to bury him, but the mother forbids it.

https://www.loebclassics.com/view/quint ... L548.3.xml
A man is captured by pirates while traveling at sea and sends home a letter, asking his family to ransom him. The news throws his wife into despair; she loses her sight by weeping. Despite the woman’s opposition, their son sets sail and rescues Father by taking his place. When the young man dies in chains, his body is cast into the sea and washes ashore near his city. Father tries to bury him, but Mother appeals to a law forbidding burial for those who have abandoned their parents in distress.

The narrative framework of this case exploits the traditional motifs of the fictional world of declamation: the hostile actions of pirates lead to a family crisis, resulting in a woman’s blindness due to excessive weeping; Son attempts to solve the crisis by offering himself as a substitute, but in doing so he breaks the law that requires children to assist their parents. This same theme is reported and discussed by some later Greek sources, but our declamation yields the only preserved development—interestingly, with some Roman coloring. Father claims his rights as a Roman citizen—not as a generic member of Sophistopolis—to better highlight the harshness he had to suffer at the pirates’ hands (17.6); and among his exempla we find mentions of Cicero and Verres (9.2–4).

Pleading against Mother for the burial of Son, Father tries to win the judges’ sympathy by giving a tragic account of the sufferings he himself endured while in chains; by denouncing the cruelty of his wife, who is treating their late son as a stepmother rather than a mother; and, most of all, by stressing the piety of Son, who aimed at assisting both his parents and rescued Father in order to bring him back to Mother at the price of his own life (2.4–3.6).

https://library.oapen.org/bitstream/han ... sAllowed=y (p. 49)
The lack of money could prove disastrous for the prisoner. Pirates used to kill such abductees, as shown by the numerous crosses they set up: cruces eorum, qui non redimuntur.[44]

[44] Sen. Controv. 7.4.5.
https://www.perseus.tufts.edu/hopper/te ... hapter%3D4
He is abroad, you are at home; he is captured, you are free; he is among pirates, you are among citizens; he is bound, you are free. But you are blind. He is more unfortunate because he sees his own chains, and the killings and wounds and crosses of those who are not redeemed (cruces eorum, qui non redimuntur).

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Re: Context for understanding the Ransom Theory

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My guess is that it has something to do with the captives of the 70 CE Jewish War.
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Re: Context for understanding the Ransom Theory

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https://www.newadvent.org/fathers/0211.htm
Fragments of Clement of Alexandria
II.— Nicetas Bishop of Heraclea. From His Catena. I.— Job i. 21.
Dreadful, O mother, is the course of life, which has death as the goal of the runner. Bitter is the road of life we travel, with the grave as the wayfarer's inn. Perilous the sea of life we sail; for it has Hades as a pirate to attack us.

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Re: Context for understanding the Ransom Theory

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https://www.newadvent.org/fathers/3001014.htm
Jerome, Letter 14
The advice that I give is that of no inexperienced mariner who has never lost either ship or cargo, and has never known a gale. Lately shipwrecked as I have been myself, my warnings to other voyagers spring from my own fears. On one side, like Charybdis, self-indulgence sucks into its vortex the soul's salvation. On the other, like Scylla, lust, with a smile on her girl's face, lures it on to wreck its chastity. The coast is savage, and the devil with a crew of pirates carries irons to fetter his captives.

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Re: Context for understanding the Ransom Theory

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https://www.newadvent.org/fathers/1903.htm
St. John Chrysostom, To Theodore After His Fall, Letter 1
For the eye, the keen eye of the Evil One perceived the excellence of your soul, and guessed from many tokens that a brave adversary would wax strong against him; for he expected that one who had promptly attacked him with such great vehemence would easily overcome him, if he persevered. Therefore he was diligent, and watchful, and mightily stirred up against you, or rather against his own head, if you will bravely stand your ground. For who did not marvel at your quick, sincere, and fervent change to good? For delicacy of food was disregarded, and costliness of raiment was despised, all manner of parade was put down, and all the zeal for the wisdom of this world was suddenly transferred to the divine oracles; whole days were spent in reading, and whole nights in prayer; no mention was made of your family dignity, nor any thought taken of your wealth; but to clasp the knees and hasten to the feet of the brethren you recognized as something nobler than high birth. These things irritated the Evil One, these things stirred him up to more vehement strife; but yet he did not give a deadly blow. For if after a long time, and continual fastings, and sleeping on the bare ground and the rest of the discipline he overthrew you, even then there was no need to despair; nevertheless one would have said that the damage was great if defeat had taken place after many toils, and labour, and victories; but inasmuch as he upset you as soon as you had stripped for the contest with him, all that he accomplished was to render you more eager to do battle with him. For that fell pirate attacked you just as you were sailing out of the harbor, not when you had returned from your trading voyage, bringing a full cargo.

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Re: Context for understanding the Ransom Theory

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Origen, Commentary on Romans 2.13.9:

undoubtedly we were bought from someone whose slaves we were, who also demanded the price he wanted so that he might release from his authority those whom he was holding. Now it was the devil who was holding us, to whom we had been dragged off by our sins.

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Re: Context for understanding the Ransom Theory

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Origen, Commentary on Matthew 16.8

https://www.academia.edu/35210397/Orige ... ised_2020_
For indeed the Son of Man [K498] <did not come to be served, but to serve; since> even if he was served, when “angels came to [him] and served him” (Matt 4.11) and again when he was served by Martha (cf. Jn 12.2), yet to be served was not the reason for which he came; for he was visiting the race of men, in order that, in serving for our salvation, he might serve and might travel so far as to give his own soul a ransom on behalf of many who believe upon him. Now if the hypothesis [were true that] all would believe upon him, he would have given his soul a ransom on behalf of all. So to whom did he give his soul a ransom on behalf of many? Certainly not to God, so would it not then be to the evil one? For he had control over us, until the soul of Jesus was given to him as a ransom for our sakes, he who was deceived <quite clearly and imagined> that he would be able to lord it over [Jesus’ soul] and did not see that torture would not suffice to constrain it. Wherefore indeed “his death” which seemed to have mastered [him] “no longer masters [him]” (Rom 6.9) after he <alone> became “free among the dead” (Ps 87.5) and [became] mightier than the authority of death. [K499] And [he became] stronger to such a degree such that he is able to set free all those who desire to follow him from being controlled by death, death no longer has any strength with regard to them. For everyone <who is> with Jesus is unassailable by death.

Among the discourses of the gospel that we are examining it is written that our Savior gave his own soul a ransom on behalf of many. ... that was given as a ransom on behalf of many; and to what enemy who was holding us as captives was He given as a ransom until [this enemy] might receive the ransom, and whether and to what extent he was capable of receiving such a great ransom on behalf of many. Now I do not say these things as though despising the soul of Jesus and minimizing it, but rather wanting to [note] that, according to what is customary for a ransom, this [soul] was given by the Savior of all, and that [Jesus’] supremacy and divinity were not able to be given as a ransom.

Origen otherwise describes the price as being paid by "blood" specifically because of the 1 Peter reference:

But according to Peter it is said that “we were ransomed from our futile manner of life received from our ancestors, not by corruptible things, by silver and gold, but by precious blood” (1 Pet 1.18-19). The apostle also says, “You were bought with a price; do not be slaves of men” (1 Cor 7.3). We were bought, therefore, with the precious blood of Christ, on the one hand, but on the other hand, the soul of the Son of God was given a ransom for our sakes ...

Origen's reference to a ransom paid specifically by "precious blood" (instead of substitution, vicariam) may be a secondary development in the development of "ransom" thought. When discussing a ransom wherein Jesus "gave his own soul" (cf. Matthew 20:28), this is what Origen describes as "according to what is customary for a ransom," which is calling to mind a person substituting themselves to redeem a captive or captives.
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Re: Context for understanding the Ransom Theory

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Very intersting.
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