1 1 i 1 1 CORNELL UNIVERSITY LIBRARY iM'^ Cornell University Library DE 5.S66D5 1884 3 1924 028 214 710 DATE DUE Uttns^fflsyaiy F^B- =^ M^ii^^^ 5-?w^ PRINTED IN U.S. A Cornell University Library The original of tinis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028214710 DICTIONARY GREEK AND ROMAN ANTIftUITIES. EDITED BY WILLiAM SMITH, PhD. AND ILLUSTRATED BY NUMEROUS ENGRAVINGS ON WOOD. JJChtrti ^mtvitan SQrftton, ffiarefuUp i^ebtsfK. OOMTAINING NDMEROUS iDDITIONAL ARTICLES RELATIVE TO THE BOTANY, MI>:?aALOO¥. AND ZOOLOGY OP THE ANCIENTS. CHARLES ANTHON, LL.D., HOFESSOB or THE GREEK AND LATIN LANGUAGES IN COLUMBIA COLLEGE, NEW-TORK, ANi: BECTOB or THE GRAMMAIt SCHOOL. NEW YOEK: HARPER & BROTHERS, PUBLISHERS, FRANKLIN S()UARE. 18 84. 5 Entered, according to Act of Congress, in the year one thousand eight hundred and forty-three, by CHA.RLES ANTHON. '■"•'■■ in the Clerk's Office of the District Court of the Southern District of New York. WILLIAM B. ASTOR, ESQ., kS aLUMNUS OF OUR COMMON ALMA MATEK, AND A STRIKING PROOF IIOW GEEAIUr tS UNCEASING ATTACHMENT TO CLASSICAL STUDIES TENDS TO ELEVATE AND ADORN THE CIIAEACTEB OF THE AMERICAN MERCHANT, BY HIS FRIEND AND WELL-WfSHEE. C. A PREFACE TO THE AMERICANEDITION The merits of the present work are so fully set forth in the preface of the London editor as to render any additional remarks on this subject almost unnecessary. The student has here a guide to an accurate knowledge of Greek and Roman Antiquities, biefore which the meager compilations of Potter and Adams must sink into utter in significance ; and he is put in possession of a vast body of information in a most interesting department of study, which it might otherwise have cost him the labour of a whole life to accumulate. All the most recent and valuable discoveries of the German scholars are here placed within his reach, and there is nothing to preveDi their speculations becoming as familiar to him as household words. The work is, in trutn, a German one in an English garb, and will be found to contain all that lumess and accuracy of detail for which the scholars of Germany have so long and justly been celebrated. It is equally intended, also, for the general reader, and as a work of popular reference will be found to be invaluable, not only from its accuracy of research, but from the wide field over which it ranges. In a word, the present vol- ume supplies what has long been felt as a great desideratum in English literature. In order to render the work, however, if possible, still more useful, the American edi- tor has added a large number of articles relative to the Botany, Mineralogy, and Zoolo- gy of the ancients, topics interesting and curious in themselves, and which, it is con- ceived, fall naturally within the scope of such a work as the present one. The contri- butions by the American editor are distinguished from those of the English writers b^ having an asterisk prefixed. In preparing them, the editor has availed himself of vari- ous sources of information, but more particularly of three, which it affords him great pleasure to mention here. The first is the Collection of Scientific and other Terms, by his learned friend, Francis Adams, Esq., of Scotland, and which has appeared as an Ap- pendix to the Greek Lexicon of Professor Dunbar. It embraces the opinions, not only of the ancient naturalists, but of the most celebrated, also, among the moderns, and has afforded the American editor the most numerous, as well as the richest materials for his labours. The second source whence information has beeii obtained on various topics connected with the natural history of the ancients is the noble edition of Cu- vier's Animal Kingdom, by GrifiSth and others, in 16 volumes, 8vo, a work full of curious learning, and replete with interesting observations on the naturalists of an tiquity and the opinions entertained by them. On the subject of Ancient Mineralogy, the editor acknowledges himself deeply indebted to the excellent work published some years ago by Dr. Moore, at that time Professor of Ancient Languages in Co- lumbia College, now President of that institution ; and he takes the greater pleasure in stating his obligations to the labours of this distinguished scholar, since it affords him, also, the opportunity of congratulating his Alma Mater on having her highest office filled by one so well qualified to advance her best interests, and to gain for her the esteem and approbation of all who wish her well. As regards the general appearance of the work, some changes of form have been made which may here be enumerated. In the English edition, the articles relating to Grecian Antiquities have their heading in Greek characters. This, although no obstacle, of course, to the student or professed scholar, is a serious impediment in the way of the general reader, and might mar the popularity of the work. To guard against such a result, great care has been taken to change all the headings of the Greek articles (except such as relate to legal matters) to Roman characters, while, at the same time, in order to satisfy the scholar, the Greek title is written immedi- ately after the Roman. Should any words, by this arrangement, be thrown out of the alphabetical order, their places can be discovered in an instant by the General Index at the end of the volume. In the English edition, again, the references and authorities are given in the body of the article, a plan calculated to deter the general reader, and which, at best, is one of very doubtful propriety, since it mars the ap " PREFACE. pearance of an English sentence, and destroys, in some degree, its continuity. In** is remedied in the American edition by throwing all the authorities into foot-notes at the bottom of the page, an arrangement so natural, and, withal, so convenient, that it is surprising it should not have been adopted by the English editor. Another blemish in the English edition is the plan of appending to each article the Initials of the writer's name, which, to say the least of it, gives a very awkward and clumsy appearance to the page. In the American edition a different arrangement is adopted. A full reference is given at the end of the volume to the different articles furnished by the different contributors, and these are so classified that it can be as- certained at a glance what portions have been supplied by each. This, indeed, gives the American a decided advantage over the English edition. We have remarked above, that the present work is intended to supersede the com- pilations of Potter and Adams. In order to facilitate this most desirable change, an Index Eaisonne has been appended to the volume, in which the whole subject of Greek and Roman Antiquities is classified under appropriate heads, so that, by means of this index, the present work, though having the form of a Dictionary, may be made, with the utmost ease, to answer all the purposes of a College text-book. No conscientious and honest instructor, therefore, can hesitate for an instant between the work which is here presented to him and the ordinary text-books of the day. In the preparation of the indexes, and, indeed, in the arrangement of the entire work, the editor has to acknowledge the valuable aid of his friend, Mr. Henry Drisler, sub-rector of the Grammar-school of Columbia College, to whose accuracy and faith- ful care the previous volumes of the Classical Series are so largely indebted. Before concluding the present preface, it may be proper to remark, that in a review of Mure's Tour in Greece, which appeared in the London Quarterly for June, 1842, mention is made of an ancient bridge, discovered by that traveller in Laconia, which the reviewer thinks disproves an assertion made in the present work relative to the arch, namely, that the Romans were undoubtedly the first peo pie who applied the arch to the construction of bridges. The bridge discovered by Mr. Mure, over a tributary of the Eurotas, was regarded, by him as a work of the remotest antiquity, probably of the heroic age itself; and he even goes so far as to suppose that either Homer himself or Telemachus may have crossed this biidge in travelling into Laconia! The visionary nature of such speculations must present itself to every mind; and we have preferred, therefore, waiting for farther information on this subject, and allowing the article in the Dictionary to remain un- altered. Mr. Mure's Homeric bridge may be found at last to be as modern a struc. tare as Fourmont's temple of the goddess Oga or Onga, near Amyclae, supposed to have been built about 1500 B.C., but which Lord Aberdeen proved to be a mcdern Gkeek chapel ! CcJumbU College, Februaiy 13, 1843. r R E F A C E TO THE LONDON EDITION. The study of Greek and Roman Antiquities has, in common with all other philo ogical studies, made great progress in Europe within the last fifty years. The earlier writers on the subject, whose works are contained in the collections of Gro- Doriiis and GrsBvius, display little historical criticism, and give no comprehensive view or living idea of the public and private life of the ancients. They were con- tented, for the most part, with merely collecting facts, and arranging them in some systematic form, and seemed not to have felt the want of anything more : they wrote about antiquity as if the people had never existed : they did not attempt to realize to their own minds, or to represent to those of others, the living spirit of Greek and Roman civilization. But, by the labours of modern scholars, life has been breathed into the study : men are no longer satisfied with isolated facts on separate depiirt- ments of the subject, but endeavour to form some conception of antiquity as an organic whole, and to trace the relation of one part to another. There is scarcely a single subject included under the general name of Greek and Roman Antiquities which has not received elucidation from the writings of the modern scholars of Germany. The history and political relations of the nations of antiquity have been placed in an entirely difierent light since the publication of Nie- bi;hr's Roman History, which gave a new impulse to the study, and has been suc- ceeded by the works of Bockh, K. O. Muller, Wachsmuth, K. F. Hermann, and other distinguished scholars. The study of the Roman law, which has been unaccountably neglected in this country, has been prosecuted with extraordinary success by the great jurists of Germany, among whom Savigny stands pre-eminent, and claims our profoundest admiration. The subject of Attic law, though in a scientific point of view one of much less interest and importance than the Roman law, but without a competent knowledge of which it is impossible to understand the Greek orators, has also received much elucidation from' the writings of Meier, Schomann, Bunsen, Plat- ner, Hudtwalcker, and others. Nor has the private life of the ancients been neglect- ed. The discovery of Herculaneum and Pompeii has supplied us with important information on the subject, which has also been discussed with ability by several modern writers, among whom W. A. Becker, of Leipzig, deserves to be particularly mentioned. The study of ancient art likewise, to which our scholars have paid littlt attention, has been diligently cultivated in Germany from the time of Winckelmanr. and Lessing, who founded the modern school of criticism in art, to which we are indebted for so many valuable works. While, however, so much has been done in every department of the subject, no attempt has hitherto been made, either in Germany or in this country, to make the results of modern researches available for the purposes of instruction, by giving them in a single work, adapted for the use of students. At present, correct infor- mation on many matters of antiquity can only be obtained by consulting a large number of costly works, which few students can have access to. It was therefore thought that a work on Greek and Roman Antiquities, which should be founded or. a careful examination of the original sources, with such aids as could be derived from the best modern writers, and which should bring up the subject, so to speak, to the present state of philological learning, would form a useful acquisition to all persons engaged in the study of antiquity. It was supposed that this work might fall into the hands of two different classes of readers, and it was therefore considered proper to provide for the probable wants of each, as far as was possible. It has been intended not only for schools, but also for the use of students at universities, and of other persons, who may wish to obtain more extensive information on the subject than an elementary work can supply Accordingly, numerous references have been given, not only to the classical authors but also to the best modern writers, which will point out the sources of information on each subject, and enable the reader to extend his inquiries farther if he wishes Tiu PREFAOF At the same time, it must be observed, that it has been impossible to giv e at the end of each article the whole of the literature which belongs to it. Such a list of works as a full account of the literature would require would have swelled the work much beyond the limits of a single volume, and it has therefore only been possible to refer to the principal modern authorities. This has been more particularly the case wUb such articles as treat of the Roman constitution and law, on which the modern wri- ters are almost innumerable. A work like the present might have been arranged either in a systematic or an •Iphabetical form. Each plan has its advantages and disadvantages, but many rea- sons induced tlie editor to adopt the latter. Besides the obvious advantage of an alphabetical arrangement in a work of reference like the present, it enabled the edi- tor to avail himself of the assistance of several scholars who had made certain de- partments of antiquity their particular study. It is quite impossible that a work which comprehends all the subjects included under Greek and Roman Antiquities can be vyritten satisfactorily by any one individual. As it was therefore absolutely necessary to divide the labour, no other arrangement offered so many facilities for the purpose as that which has been adopted; in addition to vf^hich, the form of a Dictionary has the additional advantage of enabling the writer to give a complete account of a subject under one head, which cannot so well be done in a systematic work. An example will illustrate what is meant. A history of the patrician and plebeian orders at Rome can only be gained from a systematic work by putting together the statements contained in many different parts of the work, while ma Dictionary a connected view of their history is given, from the earliest to the latest times, under the respective words. The same femark will apply to numerous other subjects. The initials of each writer's name are given at the end of the articles he has writ ten, and a list of the names of the contributors is prefixed to the work. It may be proper to state, that the editor is not answerable for every opinion or statement contained in the work : he has endeavoured to obtain the best assistance that he could ; but he has not thought it proper or necessary to exercise more than a gen- <3ral superintendence, as each writer has attached his name to the articles he has written, and is therefore responsible for them. It may also not be unnecessary to remark, in order to guard against any misconception, that each writer is only re- sponsible for his own articles, and for no other parts of the work. Some subjects have been included in the present work which have not usually been treated of in works on Greek and Roman Antiquities. These subjects have been inserted on account of the important influence which they exercised upon the public and private life of the ancients. Thus, considerable space has been given to the articles on Painting and Statuary, and also to those on the different departments of the Drama. There may seem to be some inconsistency and apparent capricious- ness in the admission and rejection of subjects, but it is very difficult to determine at what point to stop in a work of this kind. A Dictionary of Greek and Roman Antiquities, if understood in its most extensive signification, would comprehend an account of everything relating to antiquity. In its narrower sense, however, the term is confined to an account of the public and private life of the Greeks and Ro- mans, and it is convenient to adhere to this signification of the word, however arbi- trary it may be. For this reason, several articles have been inserted in the work which some persons may regard as out of place, and others have been omitted which have sometimes been improperly included in writings on Greek and Roman Antiqui- ties. Neither the names of persons and divinities, nor those of places, have been inserted in the present work, as the former will be treated of in the " Dictionary of Greek and Roman Biography and Mythology," and the latter in the " Dictionary of Greek and Roman Geography." The subjects of the woodcuts have been chosen by the writers of the articles which they illustrate, and the drawings have been made under their superintendence. Many of these have been taken from Originals in the British Museum, and others from the different works which contain representations of works of ancient art, as the Museo Borbonico, Museo Gapitolino, Millin's Peintures de Vases Antiques, Tischbein's and D'Hancarville's engravings from Sir William Hamilton's Vases, and other similar works. Hitherto little use has been made in this country of existing works of art for the purpose of illustrating antiquity. In many cases, however, the representation of an object gives a far better idea of the purposes for which it was intended and PREFACE. u \ the way in which it was used, than any explanation in words only can convey. Be- sides which, some acquaintance with the remains of ancient art is almost essentia) to a proper perception of the spirit of antiquity, and would tend to refine and elevate the taste, and lead to a just appreciation of works of art in general. Considerahle care has heen taken in drawing up the list of articles, but it is feared that there may still be a few omissions. Some subjects, however, which do not occur in the alphabetical list, are treated of in other articles ; and it will be found by reference to the Indsx, that many subjects are not omitted which appear to be so The reader will occasionally find some words referred for explanation to other arti- cles, which are not treated of under the articles to which the references are made. Such instances, however, occur but rarely, and are rectified by the index, where the proper references are given. They have only arisen from the circumstance of its having been found advisable, in the course of the work, to treat of them under differ- ent heads from those which were originally intended. Some inconsistency may also be observed in the use of Greek, Latin, and English words for the names of the arti- cles. The Latin language has generally been adopted for the purpose, and the sub- jects connected with Greek antiquity have been inserted under their Greek names, where no corresponding words existed in Latin. _In some cases, however, it has, for various reasons, been found more convenient to insert subjects under their English names, but this has only been done to a limited extent. Any little difficulty which may arise from this circumstance is also remedied by the index, where the subjects are given under their Greek, Latin, and English titles, together with the page where they are treated of. The words have been arranged' according to the order of the letters in the Latin alphabet. Mr. George Long, who has contributed to this work the articles relating to Roman Law, has sent the editor the following remarks, which he wishes to make respecting the articles he has written, and which are accordingly subjoined in his own words : " The writer of the articles marked with the letters G. L. considers some apology necessary in respect of what he has contributed to this work. He has never had the advantage of attending a course of lectures on Roman Law, and he has written these articles in the midst of numerous engagements, which left little time for other la- bour. The want of proper materials, also, was often felt, and it would have been sufficient to prevent the writer from venturing on such an undertaking, if he had not beeu able to avail himself of the library of his friend, Mr. William ^Wright, of Lin. coin's Inn. These circumstances will, perhaps, be some excuse for the errors and imperfections which will be apparent enough to those who are competent judges, [t is only those who have formed an adequate conception of the extent and variety of the matter of law. in general, and of the Roman Law in particular, who can esti- mate the difficulty of writing on such a subject in England, and they will allow to him who has attempted it a just measure of indulgence. The writer claims such in- dulgence from those living writers of whose labours he has availed himself, if any of these articles should ever fall in their way. It will be apparent that these articles have been written mainly with the view of illustrating the classical writers ; and that a consideration of the persons for whose use they are intended, and the present state - of knowledge of the Roman Law in this country, have been sufficient reasons for the omission of many important matters which would have been useless to most readers, and sometimes unintelligible. " Though few modern writers have been used, compared with the whole number who might have been used, they are not absolutely few, and many of them, to Eng lishmen, are new. Many of them, also, are the best, and among the best of the kind. The difficulty of writing these articles was increased by the want of books in the English language ; for, though we have many writers on various departments of the Roman Law, of whom two or three have been referred to, they have been seldom ased, and with very little profit." It would be improper to close these remarks without stating the obligations this work is under to Mr. Long. It was chiefly through his advice and encouragement that the editor was induced to undertake it, and during its progress he has always been ready to give his counsel whenever it was needed. It is, therefore, as much b matter of duty as it is of pleasure to make this public acknowledgment to him. WILLIAM SMITH. Lordon. 1842 A DICTIONARY GREEK AND ROMAN ANTiaUITIES, ETC ABACUS. •ABACULUS (dSaKiffKoj), a diminutive of Ab- acus, is principally applied, when used at all, to the tiles or squares of a tesselated pavement. ( Vid. Abacus, II.) &.B'ACUS (ufiof ) denoted generally and prima- rily a square tablet of any material. Hence we find it applied in the following special significa- tions: I. In architecture it denoted the flat square stone which constituted the highest member of a column, being placed immediately under the architrave. Its use is to be traced back to flie very infancy of ar- chitecture. As the trunk of the tree, which sup- ported the roof of the early log-hut, required to be based upon a flat square stone, and to have a stone or tile of similar form fixed on its summit to pre- serve it from decay, so the stone column in after days was made with a square base, and was cover- ed with an Abacus. The annexed figure is drawn from that in the British Museum, which was taken from the Parthenon at Athens, and is a perfect spe- cimen of the capital of a Doric column. fn the more ornamented orders of architecture, «ach as the Corinthian, the sides of the abacus were 'urvcd inward, and a rose or some other decoration was frequently placed in the middle of each side ; but the name Abacus was given to the stone thus diversified and enriched, as well as in its original form.' II. The diminutive Abaculds {&6aKttTKOf) denoted a tile of marble, glass, or any other substance used for making ornamental pavements. _PUny, inhis account of glass, says,* " It is artifi- cially stained as in making the small tiles, which some persons call abaculi." Moschion says that the magnificent ship built by Archimedes for Hiero, king of Syracuse, contained a pavement made of such tiles, of various colours and materials.' Ill; Abacus was also employed in architecture to denote a panel, cofl!er, or square compartment in the wall or ceiling of a chamber. As panels are 1 (Vitruy., iu., 3 ; iy., 1, 7.)— 8. (H. N., nrvi., 67.)— 3. {^TTcSov h ASaKtaKQis avyirstuevov Ik Travrotuv Xidtiiv, Apud tthon., y., 207 ) B ABACUS. mtended for variety and ornament, they were ea- riched with painting.' Pliny, in describing the progress of luxury with respect to the decoration oi apartments, says mat the Romans were now no Icmg- er satisfied with panels,' and were begiiming even to paint upon marble. IV. Abacus farther denoted a wooden tray, i. e., a square board surrounded by a raised border. This may have been the article intended by Cato, when, in Ids enumeration of the things necessary in fur- nishing a farm (plivetum), he mentions " one aba- cus.'" Such a tray would be useful for various purpo- ses.* It might very well be used for making bread and confectionary ; and hence the name of abacus (u6a^, a6dKiov) was given to the lidnrpa, i. e., the board or tray for kneading dough.' V. A tray of the same description, covered xt 'tl' sand or dust, was used by mathematicians for dra>. ■ iag diagrams.' VI. It is evident that this contrivance would be no less serviceable to the arithmetician r and to this application of it Persius alludes, when 'tis censures the man who ridiculed " the numbers on the abacus and the partitions in its divided dust."' In this in- stance the poet seems to have supposed perpendicu- lar lines or channels to have been drawn in the sand upon the board; and the instrument might tims, in the simplest and easiest manner, be adapted foi arithmetical computation. It afjpears that the same purpose was answered by having a similar tray with peipendicular wood- en divisions, the space on the right hand being in- tended for units, the next space for tens, the next for hundreds, and so on. Thus was constructed " the abacus on which they calculate,'" i. e., reckon by the use of stones.' The figure following is design- ed to represent the probable form and appearance oi such an abacus. The reader will observe, that stone after stone might be put into the right-hand partition until they amounted to 10, when it would be necessary to take them all out as represented in the figure, and in- stead of them to put one stone into the next parti- tion. The stones in this division might in like man- ner amount to 10, thus representing 10x10=100, when it would be necessary to take out the 10, and instead of them to put one stone into the third par- tition, and so on. On this principle, the stones in the abacus, as delineated in the figure, would be equivalent to 359,310. 1. (Plin., H. N., iixiii., 66; nry., 13.)— 2. ("Non placenj jam abaci ;" H. N., xxxv., I.)— 3. (De Re Rust., 10.)— 4. (rid Crntin., Fragm., ed. Runkel, p. 27.— Pollux, yi, 90 ; x., 105.- . Bekkor, Anett Grsc, i., 27.)— 5. (Hesyoh., a. y. Ma/eroa — Schol. in Theoc, iy., 61.)— 6. (Euslath. in Od., i., 107, p. 13W./ —7. ("Abaconumej-os, et sectoinpulyere metaB:" Pera., Sat' i., 131.) — 8. (iSaKtov ^0' o5 \l/tj(f>iCoviTiv : Eusfath in Od iw"* 249, p. 1494.)-9. i4'!ifot, calf nli ) 9 ABACUS. It is evident that the same method might be em- ployed in adding, subtracting, or multiplying weight-i and measures, and sums of money. Thus the stones, as arranged in the figure, might stand for 3 xtauia, 5 nlelhra, 9 fcUKoms, 3 oubits, and Ifoot. The abacus, however, can never be much used by us at the pres- ent day, owing to our various divisions of weights and measures, &c. We should need one abacus for dollars, cents, &c.; another for avoirdupois weight; a third for troy weight, and so on. In China, how- ever, where the whole system is decimal, that is, where every measure, weight, &c., is the tenth part of the next greater one, this instrument, CEuled Shwanfan, is very much used, and with astonishing rapidity. It is said that, while one man reads over rapidly a number of sums of money, another can add them so as to give the total as soon as the first has done reading. That the spaces of the abacus actually denoted dilfenmt values, may be inferred from the following comparison in Polybius:' "All men are subject to be elevated and again depressed by the most fleet- ing events; but this is particularly the case with those who frequent the palaces of kings. They are like the stones upon abaci,' which, according to the pleasure of the calculator,^ are at one time the value of a small copper coin,* and immediately afterward are worth a talent of gold.' Thus courtiers at the monarch's nod may suddenly become either happy or miserable." VII. By another variation the Ab.icus was adapt- ed for playing with dice or counters. The Greeks .aad a tradition ascribing this contrivance to Palame- des ; hence they called it " the abacus of Palame- des."' It probably bore a considerable resemblance to the modem backgammon-board, dice' being thrown for the moves, and the "men"' placed ac- cording to the numbers thrown on the successive lines or spaces of the board. VIII. The term AsAcns was also applied to a kind of cupboard, sideboard, or cabinet, the exact form of which can only be inferred from the inci- dental mention of it by ancient writers. It appears that it had partitions for holding cups and all kinds of valuable and ornamental utensils: " Nee per muUiplues dbaco splendente cavemas Argenti nigripocula defodiam."' This passage must evidently have referred to a piece of furniture with numerous cells, and of a compli- cated construction. If we suppose it to have been a square frame with shelves or partitions, in some degree corresponding to the divisions which have been described under the last two heads, we shall see that the term might easily be transferred from all its other applications to the sense now under con.sideration. "We are informed that luxuries of this description were first introduced at Rome from Asia Minor ABLEGMINA. after the ^-ietories of Cn. Maniius Vulso, A.t.C 567.' ■ • 1 In the above passage of Sidonius, the P^jjcipai use of the abacus now described is indicated Dy uie word ar^CTiii, referring to the vessels of silver wnicn it contained, and being probably designed, liKe oui word "plate," to include similar articles made ol gold and other precious substances.' The term abacus must, however, have been ap- pUcable to cupboards of a simple and unadorneU appearance. Juvenal says of the tnchnium ana dnnking-vessels of a poor man, " Ledus erat Codro Pivcula mitwr, urccoli sex ■ OrnairienlmmalMi,necnmetparmlms infra- Cantliarus."' The abacus was, in fact, part of the furniture of a triclinium, and was intended to contain the vessels usually required at meals. IX. Lastly, a part of the theatre was called afa/cEf, " the abaci." It seems to have been on or near the stage ; farther than this its position cannot be at present determmed. We may, however, infer that the general idea, characteristic of abaci in ev- ery other sense, viz., that of a square tablet, was ap- plicable in this case also. i ABALIENA'TIO. {Vid. Mancipium; Manci- PATIO.) ABDICA'TIO. (Fi(i. Magistratus, Apoceeyx- is.) *AB'IES, the "Fir," a genus of trees of the co niferous tribe, well known for the valuable timber which is produced by many of the species. The or- igin of the Latin name is unknown; that of the Eng- lish appellation is the Sgxon fivrlMovdu, "fir-wood.'" The Abies Picea, or " Silver Fir," is the kind styl»d hy YirgHpulckerrima ("most beautiful"), and ricniy merits the name. Antiquarians have lost tham selves in vain attempts to reconcile the declaration of Csesar (5, 12), that he found in Britain all the trees of Gaul except the beech and abies, with tht well-known fact that fir-wood is abundant in the ancient English mosses, and has been met with even beneath the foundations of Roman roads. What Caesar meant was, no doubt, that he did not meet with the silver fir in Britain ; of the pine he says no- thing, and therefore it is to be presumed tliat he found it. — The common hTM-rrt of the Greeks must have been either the Pinus oMes or the Pimis Ori- enlnlis (Toumefort). There is some difficulty in distinguishing the male and female species of Theo- phrastus. Staekhouse holds the former to be the Pinus abies, or common "Fir-tree," and the latter the Pinus picea, or " Yellow-leaved Fir."* *AB'1GA, the herb "^rmmd^ne," called also " SI. John's wcyrt." The Latm name is derived from this plant's having been used to produce abortion.' The Abiga is the same with the Chamaepitys {Xafiatm- TUf ) of the Greeks. The three species of the latter described by Dioscorides have been the subject of much diversity of opinion. The 1st would seem to have been the Ajiga Chamapikjs ; the 3d the Ajiga iva (according to Bauhin and Sprengel) ; while mt 2d, according to the latter, is either the Teucrivm supirnvm, or Trumtamwm." 'fhese plants, rich in es- sential oil, are tonic arid aromatic. All that wo find in Dioscorides and in PHny (who copies him)i^ which does not refer to these properties, is merd^ hypothetical, and does not merit refutation.'' ABLEC'TI. {VU. ExTEAORDiNAnii.) ABLEG'MINA (JnroleyjjLoi) were the parts of the victim which were ofi"ered to the gods in sacrif ce. The word is derived from aMegere, in imitatior of 1. (v., 26.)— 2. (jaU h! tZv MokIidv J'#ois.)— 3. (4'Vpl- Vniros.) — 4. (X'^\ieovv.) — 5. (rtiXavrov.)— 6. (ri tlaXnftijSciov iSdnov : EuBtath. in Od., i., 107, p. 1396.)— 7. ()cil6oi.)— 8. rticrol.)— 9. (Sidon. Apoll., Car xvii., 7. 8.) 10 1. (Liv., xniT., 6.— Plin., H. N., xxitix., 8.)— 2. (Vid. Cic., Tusc, v., 21.— Varro, de Ling. Lat., ix., 33, p. 4S9, ed. Spen gel.)— 3. (Sat., iii., 187.)— 4. (Adams, Append., s. v. tXiSti).)— 5 ' (" Quod abigat partus." Vid, Plin., H. N., xxiv., 6.) — 6. (Ad- ams, Append., 8. v. xauot'^rvs ) — 7 (Diosooiid., iii , 175 — F6i I in Plin., 1. o.) ABUAMIS. the Greek aizo)[£ynv, which is used in a similar manner. These parts were also called Parrida, Prosegmina, Prosecta. (Vid. Sacbipices.) ABOL'LA, a woollen clcak or pall, is probably only a varied form of pallium (^upof), with which tins word is nearly, if not altogether, identical in signification. The form and manner of wearing ihe aboUa may be seen in the figures annexed, vhich are taken from the bas-reliefs on the tri- umphal arch of Septimius Severus at Rome. The word was in use before the Augustan age ; for it occurs in a passage cited by Nonius Marcel- lU3 from one of the satires of Varro. Nonius Mar- cellus quotes the passage to, show that, this garment was worn by soldiers (vestis miliiaris), and thus op- posed to the toga. There can be no doubt that it was more especially the dress of soldiers, because the toga, which was used instead of it in the time of peace, though of a similar form and- application, was much too large, and wrapped in too many folds about the body to be convenient in time of war. But it is a.o0 clear, from many passages in ancient authors, that the aboUa was by no means confined in its use to military occasions.' Juvenal, speaking of a person who heard unex- pectedly that it was necessary for him to attend upon the emperor, says, " He took up his cloak in a great hurry."" This action suited the use of a gar- ment, made simply to be thrown over the shoulders and fastened with a fibula. The same poet calls a veiy cruel and base action faanus majoris abolUe, literally " a crime of a larger cloak." The expres- sion has been explained as meaning " a crime of a deeper dye," and " a crime committed by a philos- opher of a graver character." Probably it meant a ;rime so enormous as to require a larser cloak to hide it. This is supported by the authority of the ancient scholiast on Juvenal, who explains majoris aboUee as equivalent to majoris paUii, {Vid. P Ah- LIUM.) ' The Periplus of the Erythrean Sea mentions aiol- la among the articles imported into the kingdom of the Axumites in Abyssinia; and the expression IfuiTiuv liSoXKai, used by the writer, is an additional proof that the abota was a kind of Ifiaziov, i. e., a square or rectangular piece of woollen cloth, a cloak, or pall. •AB'RAMIS ('A6p(i/tif), the name of a fish men- tioned by Oppian' and Athenjeus.* According to Coray, it is the Bream, namely, the Cyprirms Brama, L., or Abramis Vulgaris (Cuvier). ' Rondelet, howev- er, with whom Gesner is disposed to concur, suppo- ses it a species or variety of the Qpiaaa {Thrissa).' 1. (Sueton., CaUg.. o. 35.— Martial,, i., 133; viii., 48.)— 2. '"Raptapioperabatal)oUa,"iv.,75.)— 3 (Hal., l., 244.)— 4 Ctu., 112, b.) — 5 (Adams. Append., s v.) ACANTHA. ABROGA'TIO. [Vid.ljsx.) *ABROT'0NUM (aBpoTOvov), a plant, o.' wliiob two species are described by Dioscorides,' the male and , the female. The former of these, by the al- most generai agreement of the commenators and botanical authorities, is referred to tke Artemisia Airotomim, L., or Southernwood. About the other species there is great diversity of opinion. Fuch- sius makes it the Artemisia Pontica ; iJpdonEeus, the A. arborescens s and Matthiolus, the SariiMna ChMt> amjiparissws, or common Lavender Cottoii.., Adams decides in favour of the last. Galen recognises thii two species described by Dioscorides ; but Nicander, Paulus .figineta, and most of the other writers on the Materia Medica, notice only one species, which no doubt was the j1. oiroiiwwm.''' ■*ABSIN'THIUM \k^lvdiov), a plant, of which Dioscorides describes three species. , The first of these is pretty generally aclmowledged to be the Artemisia absinihivm, or common wormwood; but Sprengel hesitates whether he should not also com- prehend the A. Poniica under it, which latter, indeed, Bauhin held to be the true Roman wormwood. The second species is Xhe^ Artemisia mmitima. The third is held by Sprengel to be the A. paimata, L., which, it appears, is indigenous in Santonge. The A. sam- tonica, L., being conflned to Tartary and the north- em parts of Persia, it is not likely that the ancients were acquainted with it.' AESOLU'TIO. (rid Judicium.) ABSTINEN'DI BENEFIC'IUM. (FjAHebeb.j ; *ACA'CALIS or ACALL'IS (a/ca/caAif, d/caA/lif)) a plant ; according to Sprengel, die Tamarix Ortr entaiis, called Tamarix aiiioidata by Vahl.* . *ACA'CIA (flKania), a plant, which, according to Sprengel, and most of the authorities, is the Acacia Fe?-a, Willd. ; but, according to Dierbach, it is the Aicada Senegal. Hill remarks, that the tree which produces . the succus acdciee is the same as that which yields the gum arable. The acacia gets tlie EngUsn name of the Egyptian thom.^ ACAI'NA {uKama), a measure of length, equiva- lent to ten Greek feet. *ACALE'PHE {aKalfi(^rj, or KvlSrf), I. a kind of shellfish,: belonging to the genus Urtica (" Sea-net- tle"), of which there are several species. Linnaeus places the Urtica among ZoopMjta, but it belongs more properly to the class MoWusca. Sprengel de- cides, that the Urtica manna of the ancients is the AiCtinia senilis.' Coray gives its French name as Ortie de mer. Pennant says, the ancients divided their kvIStj into two classes, those which adhere tc rocks (the Actinia of Linnseus), and those that wan- der through the element. The latter are called by late writers Uiiicm sohitte ; by LinnKUs, Medusce ; by the common people, " Sea jellies," or " Sea blub- bers."' — IL A species of plant, the " nettle." Di- oscorides describes two species, which Sprengel holds io he ,tiie Urtica dioica ("great nettle") and the U. mens (" little nettle").' *ACAN'THA (unavBa), the Thorn. Eight spe cies are described by Theophrastus, none ol which are satisfactorily (Jetermined by Stackhousa and Schneider. There is great diversity of opinion respecting the two species described by Dioscori- des.'. Sprengel, upon the whole, inclines to the opinion of Sibthorp, that the aicavBa Ticvxii is the Cirsium Acarna, Cand. ; and the uKavBa 'ApaSikp the Onopgrdum AraMoum. Botanists even yet find greatdifficulty in distinguishing the different species and genera of Thorns and Thistles, and the nomen- clature of this tribe of plants is very unsettled." . *ACAN'THIAS GAL'EOS {hKavBiac yals&i), a 1. (Mat. Med., lil., 26.)— 2. (Adams, Append., s. t.)— » (Adams, Append., , s. v. ai/'ivS.)— 4 (Adams, Append., 8. X 4>coXX('s.)— 5- (Adams, Append., s. v. amKta.) — 6. (Comment m Diosoond.)— 7. (Aristot.,!!. A., iv., 5.— Adams, Append., >. » iKa\fii^.)—%. (DlMCor.; iv., 72.— Adams, Append., s y.)-J (iii.. 12.1—10 (Adams, Apr end., a t.) ACATION. species of fish, the ■ Sqiidiia^AiaTUMai-, L., or lipinax AcdWAias (if later adthorilies ; in English, the "Pi- ked Dog" or "Hound Pish." It is common on the shores of England and in the Mediterranean. ■ Pen- iiant also says that It swarms on the Scottish coast. It weighs about 20 lbs. TMs is the species of shark oflieii taken between Edinbitti^h and Aberdeen.'- ♦AOAITTHIS (oKovftf), so caUed by Aristotle, is probably the same plant as the '&Ka%av6lt of Ar- istophanes, and the &icavSv7iVc of Hesychius. It is the Acanthis of Pliny and VirgU. Gesner, with gieat probability,' refers it to the " Siskin," namely, the Fdngiila' ^iiiis, L., or Carduelis spirms, Cuvier. Professor' Reimie says it is called "Aberdevine" near tiOhdoii.' • • ♦A,pAN'THUS (UKavBoO, I- the name by which the brpM raffled leaf used in the enrichment of the Corinthian capitdl is known. It is thus called be- caiise of its general resemblance to the leaves of a species of the Acanthus plant. ( Vid. Columna.) II. Underthis name have been described by ancient authors at least three totally different plants. First, a prickly tree, with smooth evergreen leaves, and Small, round, saffron-coloured berries, frequently al- luded to by Virgil : this is conjectured to have been the Holly. Secondly, a prickly Egyptian tree, de- scribed by Theophrastus as having pods like those of a bean; it is probable that this was the Acacia AraUca. Thirdly, an herb mentioned by Dioscori- des, with broad prickly leaves, which perish at the ' approach of winter, and again sprout forth with the return of spring. To this latter plant the name is now applied. The word in all cases alludes to the prickly nature of the leaves or stems. It is this last species which is usually supposed to have give^i' rise to the notion of the Corinthian capital. But It appears' from the investigatibn of Dr. Sibthorp, that it IS nowhere to be found, either in the Greek isl- ands, or in any part of the Pelopoimesus ; and that the plant wluch Dioscorides must have meant was the Acanthus spinosus, still called uKavBa, which is futmd, as he describes it, on the borders of cultiva- ted grounds or of gardens, and is frequent in rocky moist situations.' ♦ACANTHYLL'IS (aicavev^?^(). As has been stated under Acanthis, the uKavBvXTilc of Hesychi- us is most probably the " Siskin;" but that of Aris- totle is certainly different, being the Picas varms according to Gamus.* ACAP'NA LIG'NA (a priv., and xawvoc), called also cocta, were logs of wood dried with great care in order to prevent smoke. Pliny says that wood soaked with the lees of oil (amurca) burned without smoke.' . , Acapnon rnd, which waS considered the best kind of honey, was obtained without driving out the bees from their hives by smoke, which was the usual method of procuring it.' ACATION ('(i/caTtov, a diminutive of a/corof, a small vessel),' a small vessel or boat, which appears to have been the same as the Roman scapha ; since Suetonius,' in relating the escape of CEesar from Alexaiidrea, says that he jumped into a scapha, which Plutarch, in narrating the same events, calls an d/(OT(ov. Thucydides' speaks of d/ciiTjov Oju^pi- *6v, which is explained by the scholiast, li^oidpiov ixaripuBev epeaao/ievov, ev & ?« airrof tCiv k^awdv- TQV iiKama; epcTTCt. The axatta were also sails, which, according to the desciiption.of Xenophon, were adapted for fast sailing, They are opposed ^Y h™ t" the /itydla lana." '...•. 1. (Adams, Append., b. t.) — ^2L. (Adams, Append., s. v. axdv- Bis )--3. (Theophrast., H. P., iii., 4. seqq — ^Dioscor,,' iii., 119.) — 4. (Aristot., H. A., viii., 5.) — 5. (H. N., xv., 8. — Martial, xiii., 15.)— 0. (Plin., H. N., xi.j 15:— Colnm-j ti., 33.)— 7. ('Ei/ Tom ffiTaywyotffi dKdroidi '• Herod., vii., 186; compare Pindar, Pyth.; xi.( oa J Nem.,T., S;)-J8.(aul., 64.)— 9. (iv., 67.)— 10. . Aen., Hell., vi., 2, ^ 27. — SclmeideT, in loc.) 18 ACCESSIU. ACGEN'SI. M'l. The Acgenscs was a pnolir officer whd attended on several of the R*"""^ "T: gistrates. ' He anciently preceded the consul, wno had not the fasees, which custom,' after bBi^g long disusedi was restored by Julius Csesar m tos nisi consulship,' It was the duty of the accensi to summon the people to the assembUes, and tnose who had lawsuits to court; and also, by commajid of the consul 'and prsetor, to proclaim the ttma, when it was the third hour, the sixth hour, antt tde ninth hour." Accensi also attended on the govern- ors of provinces,' and were commonly freedmen of the magistrate on whom they attended. Varro describes the word from acciendo, because they sum- moned the people ; other writers suppose it to como from accensere. ^ i j ■ - II. The Accensi were also a class of soldiers m the Roman army: It appears that after the full number of the legion had been completed, some supernumerary soldiers were enlisted, who might be always ready to supply any vacancies in the legion. These soldiers, who were called adscriptivi or adscnptitii (because, says Festus, svpplendis legi- miiinis adscrihebaniwr), were usually unaccustomed to military service, and were assigned to different centurions to be instructed in their duties. After they had been formed into a regular corps, they ob- tained the name of accensi, and were reckoned among the light-armed troops.* In later times they were also called swpermwmerarii.^ They were placed in battle in the rear of the army, behind the triarii.' They had properly no military duty to perform, since they did not march in (roops against the enemy. They were, according tc the census of Servius Tnllius, taken from the fifth class of citi- zens.' ACCEPTILA'TIO is defined to be a release by mutual interrogation between debtor and creditor, by which each party is exonerated from the samr contract. In other words, acceptilatio is the fonr of words by. which a creditor releases his debtoi from a debt or obligation, and acknowledges he has received that which in fact he has not received. This release of debt by acceptilatio ,a,pplies on,ly tc such debts as have Ijeen contracted . by stipulatio, conformably to a rule of Roman law, that onlycon- tracts made by words can be put an end to, by words. But the astuteness of the Roman lawyers found a mode of complying with the rule, and at the same time extending the acceptilatio to all kinds and to any number of contracts. This was the invention of Gallus Aquilius, who devised a formula for reducing all and every kind of contracts to the stipulatio. This being done, the acceptilatio would immediately apply, inasmuch as the mattei was by such formula .brought within the general rule of law above mentioned. The acceptilatio must be" absolute and not conditional. A part of a debt or obligation might be released as well as the whole, provided the thing was in its nature, capable of division. A pupillus could not release a debt by acceptilatio, without the consent of his tutor, but he could be released from a debt The. phrase by which a creditor is said to release his debtor by ac- ceptilatio is, debitori acceptmm, oi accepto facere or ferre, or acceptmm habere. When anything which was done on the behalf of or for tlie state, such as a building, for iiistance, was approved by the compe- tent authorities, it was said, in cuxeptkm ferri ci referri.^ ■ > '. ' '. AGCES'SIO is a legal term, by which is ex- pressed the produce or increase of anything, and, at the same time, the notion of such produce br in- 1. (Snet., Jul., 20.— Liv., iii., 33.)— 2. (Varro, do Ling. Lat . v., 9.— Plin., Tii., 60.)— 3. (Cic. ad Fratr., i., 1, I) 4.)— 4' (Walch,inTacit.,Agiic.,c. 19.)— 5. (Veget., ii.^9.)_6. (Liv viii., 8, 10.) — 7. (Liv.,- L, 43. — ^Niebuhr, Rom. Hist., i„ n 441 2, transl.)— 8. (Dig., 46, tit; 4 ; 48, tit. 11, s. 7;— GiMiWi iir 169, seqq.) ' ACERRA. cieas3beeomit.g- the property, of him to whom tbe Ihing itself belongs. The rale of law was expressed thus : Accessio cedit principali} Examples of acces- sio are contained vmder the heads of Alldvio, Con- pnsio, Fhuctds, &o. ♦AGCIPEN'SER. (FJ 5.)— 9. ,Cic. lei(>., ii.,24) ACETABULUM. ACETAB'ULUM (Sfif, b^6a^ov, b^vBd^iov), a vinegar-cup. Among the various ways' iii which the Greeks and Romans made use of vinegar (acetwm) in theii cookery and at their meals, it appears that it was customary to have upon the table a ctip containing vinegar, into whith the guests might dip their bread, lettuce, fish, or other viands, before eating them. Of this fact we have no direct assurance ; but it is implied in one of the Greek names of this utensil, viz., b^6a the destruction of Jerusalem by the Romans, says, " They used daggers, in size resembling the Persian acinaces ; but curved, and like those which the Ro- mans callstciB, and from which robbers and murder- ers are called sieom."" The curvature of the daggers here described was probably intended to allow them to fit closer to the body, and thus to be concealed with greater ease under the garments. Thus we see that the Persian acinaces differed from the Ro- man sica in this, that the former was straight, the latter curved. Another peculiarity of the acinaces was, that it was made to be wom on the right side of tlie body, whereas the Greeks and Romans usually had their swords suspended on the left side. Hence Valerius Flaccus speaks of Myraces, a Parthian, as 7m- signis manicis, insignis acinace dexko." The same fact is illustrated by the account given by Ammianns Marcellinus of the death of Cambyses, king of Per- sia, which was occasioned by an accidental wound from his own acinaces : " sHometpugione, qmm ap- 1. (Theophrast., de Lapid., 68.— HiH; in loc— Plin., H. N.,' xxrrii., 54.— Orph., Lith., v., 230:— Soiin., Polyliist., c. xi.— Moore's Ano. Mineralogy, p. 178.)— 2. (Soph., CEd. Col., 1592.) —3. (Adams, Append., s. v.)— 4. (Spreng., i., 28.)— Si (Adams, Append., s. v.)— 6. (Plin., H. N., xiv., 5.)— 7. (Fee in Plin., 1 D.)-%. (vii., S4.)— 9. (Od. l,ixvii., 5.)— 10, {XlipciKiv h.<^am Tw t^rifiZ Trpoor]pTrift£vov.) — 11. ( Joseph ., Ant. Jud., xx . 7, 3oqq.l —12. (Algon., \i., 701.) ACIPENSER, tatum femori dexlro geslabat, subita vi ruina nudaio, vulmei-aius."^ The Latin historian here gives pugio as »h6 translation of the Persian term. l*he form of the acinaces, with the method of nsuig it, is illustrated in a striking manner by two classes of ancient monuments. In. the first place, in the bas-reUefs which adorn the ruins of Persepo- liSjthe acinaces is invariably, straight, and is com- monly suspended over the right thigh, never over the left, but sometimes in front of the, body. The figures in die annexed woodcut are selected from engravings of the ruins of Persepolis, published by Le Braynj Chardin, Niebuhr, and Porter. . A golden acinaces was frequently worn by the Persian nobility.' It was also often given to indi- viduals by the kings of Persia as a mark of honour.' After the defeat of the Persian army at the battle of Plataea, the Greeks found golden poniards on the bodies of the slain.* That of Mardonius, the Persian general, was long kept as a trophy in the temple of Alliena Parthenos, on the acropolis of Alliens.' The acinaces was also used by the Caspii.' It was an object of religious worship among the Scyth- ians and many of the northern nations of Europe.' The second class of ancient monuments consists of sculptures of the god Mithras, two of which are in the British Museum. The annexed woodcut is taken from the larger of the two, and clearly shows thfi straight form of the acinaces. »ACIPEN'SER ('\icxnriiaiog), the Sturgeon, or Aoipenser Stm-io, L. Ludovicus Nonnitis holds, that the ■SBunis of Ausonius is the sturgeon, but this opinion is very questionable. The l^oi/i' and the ACKATOPIIORtJM. ■yaTieog 'Pdtof* were varieties of this fisb It u also called6j'(o-KOf by Durio in Athenffius' AGLIS; a kind of dart. Virgil attributes this weapon to the Osci, one o\ the ancient nations of Italy : " TeretesamtadidesiUis Tela, sed htec knto mos est a^tare fiageUo.'" From this account it appears that the peculiarity of the aclis consisted in having a leathern thong attached to it; and the design of this contrivance probably was, that, after it had been throAi-a to a distance, it might be drawn back again. The aclis was certainly not a Roman weapon. It is always represented as used by foreign nations, and distinguishing them from Greeks and Romans.* ACNA, AC'NUA.' (Vid. Actvs.) 'AKOH~N MAPTTPErN iuicor/v jiaprvpclv). By the Athenian law, a witness could properly only give evi- dence of what he had seen himself, not of what he had heard from others ;' but when an individual had heard anything relating to the matter in dispute from a per- son who was dead, an exception was made to the law, and what he had heard from the deceased per- son might be given in evidence, which was called uKoriv fiapTvpeiv.' It would appear, however, from a passage in Isaens, that a witness might give evi- dence respecting what he had not seen, but that this evidence was considered of lighter value.' *AC'ONE (iiKovq), the whetstone or Novaculite (Kirman), the same as the w/i£t slate of Jjimeson, and consisting principally of siiex ana alum. Theo- phrastus inlbrms us "that the Armenian whetstones were in most repute in his time. The Cyprian were also much sought after. Pliny confounds these with diamonds.' *ACONrTUM {aKovcTov), i. plant, of which Dios- corides enumerates two species, the TrapSaliayx^it and the ?i.vkokt6vov. The latter of these is con- sidered by Dodonseus, Woodville, Sprengel, and*' most of the authorities, to be the Aconitum NapeUus, or Wolf's-bane. Respecting > the former species there is greater diversity of opinion ; however, Sprengel is inclined, upon the whole, to agree with Dodonseus and Siblhorp in referring it to the Doroni- cwm pardaliaTiches, or Leopard's-bane. It would seem to be the Kd/i/iapov of Hippocrates, and the dKopmog of Theophrastns.' *ACON'TIAS (ciKovTtaf), the name of a serpent. There can be no doubt that this is the Jaculus of Lu- can.'° jElian is the only author who confounds it with the Chersydn-'us. Aetius calls it Cenchrites, from the resemblance which its spots bear to the seeds of millet {Keyxpo;). It is calledca/esate and alterarate in the Latin translation of Avicenna. According to Belon, it is about three palms long, and the thickness of a man's little finger ; its colour that of ashes, with black spots. Spren,»el thinks it may have been a variety of the Cohiier Berus, or Viper.'' , *AC'ORUS (aAopoj:), a plant, which most of the commentators hold to be the Acorus Calamus, or Sv/eet Flag. Sprengel, hoWever, in his annotation-s on DioscorideS, prefers the Pseudacorum." ACaUrSITIO is used to express the acquisition of ownership, or property generally. The several modes of acqvuring property among the Romans, and the incidents of property when acquired, are treated of under the various heads of In JiisE Ces- sio, Mancipatio, Usucapio, Accessio, &o.., and see DOMINIDM. ♦ACRATOPH'ORUM, a small vessel for hold- 1. (jtvii., 4.)— 2. (Xen., Anab., i., 8, ^ 39.— Chariton, vi., 4.)— 3. (Herod., viii.l 120.— Xen., Anab., i., 2, ^ 27.)— 4. (Herod., ix., 80.)— 5. (Demosth.,.c. Timocr., 33, p. 741.)— 6.'(Herod., viii., 67., 7. (Herod., iv., 62. — Compare Mela,ii., 1.— Ammian., ixxi., S ,— 8. (Aristot., II. A., ii;, 13.— .SEan, N. A., viii., 28.) 1. (Athen., vii., p. 295.)— 2. (vii., p. 294.)— 3. (J3n., viv.,' 730.)— 4. (Sil. Ital., iii., 362.— Val. Flac, Argonaut., vi., 99.)— «. (Demosth., o. Steph., p. 1130.)— 6. (Demosth., c. Stnph., p. 1130. —Id., 0. Leoch., p. 1097.— Id., o. Eubul., p. 1300.— Meyer and Sc)i6maim, Attisch. Proc, p. 669. — Petitus, Leg. ' Att., iv., 7, 1/ 9, seq., p. 445, seq.)— 7. (De Haired. Philootem., p. 150.)--' into dis- use, in consequence of the excessive nicety inquired, and the failure consequent on the slightest error in the pleadings ; of which there is a notable example given by Gaius himself," in the case of a plaintiff who complained of his vines (vites) being cut down, dnd was told that his action was bad, inasmuch as he ought to have used the term trees iarbores), and ' not vines ; because the law of the Twelve Tables; which gave him the action for damage to his vines, contained only the general expression " trees" (ar- bares). The Lex 3Ebutia and two Leges Juliffi abolished the old legitinue dctiones, except in the case of damnum infedum {Vid. Damnum inpectdm), and in matters which fell under the cognizailce of the Centumviri. (Firf. Centumviri.) In the old Roman constitution, the knowledo;e of the law was most closely connected with the insti- tutes and ceremonial oi religion, and was accord- ingly in the hands of the patricians alone, whose aid their clients were obliged to ask in all their legal disputes. Appius Claudius Caecus, perhaps one of the earliest writers on law, drew up the various forms of actions, prably for his own use rnd that of his friends : the manuscript was stolen )V copied by his scribe 0?. Flavius, who made it public; and thus, accort'ing to the story, the ple- beians became acquairh'd with those legal forms which hitherto had be'jn the exclusive property of the patricians.^ Upon the old legal actions being abolished, it be- came the practice to prosecute suits according to certain prescribed forms, or Ibrmulse, as they were called, which will be explained after we have no- ticed various divisions of actions, as they are made by'the Roman writers. The division of actiim^s in the Roman law is somewhat complicated, and some of the divisions must be considered rather as emanating from the schools of the rhetoricians than frdm any other source. But this divisior, though complicated, may he somewhat simplified, or, at least,' rendered more intelligible, if we consider that an action is a claim or demand made by one person against another; and that, in order to be a valid legal claim (i'iJo tUilis), it must be founded on a legal right; I'he main division of actions must therefore have a ref- ■ erence or analogy to the main division of rights ; for in every system of law the form of the action must be the expression of the legal right. Now the afeneral division of rights in the Roman law is into rights of dominion or ownership, which are rights against the whole world, and into rights arising from contract, and quasi contract, and delict. The actio in rem implies a complainant, who claims a certain right against every person who may dispute it, and the object and end of tne action is tb compel an acknowledgment of the right by the particular person who disputes it. By this action the plaintiff maintains his property in or to a thirig, or his rigllts to a benefit from a thing (servibdes). Thus the actio in rem is not so called on account of the subject-matter of the action, but the term is a tech- nical phrase to express ' an action which is in no way founded on contract, and therefore has no de- lerminate individual as the other necessary party to the action; but every individiial who disputes the right, becomes, by such act of disputing, a party liable to such action. The actw m rem does not as- certain the complainant's right, and from the nature of the action the complainant's right cannot be ascertained by it, for it is a right against all the :. (:v., 12.)— 2. (iv., 11.)— 3. (Cic, de Orat., i., 41.— Id., pro Wiraifli^c. 11.— Dig. 1. tit. 2. s. 2, « 7.) O world ; but the actit n determines iliat the defendani has or has not a claim which is valid against thii plaintiff's claina. The adio in personam implies a determinate person or persons against whom thi: action Ues, the right of the plaintiff being founded on the acts of the defendant or defendants; it is therefore in respect of something which has been agreed to be done, or in respect of some injury for which the plaintiff claims compensation. I'he actio mixta of Justinian's legislation' was so called from its being supposed to partake of the nature of the aitio in rem, and the actie in personam. Such wai the action among co-heirs as to the division of the in- heritance, and' the- action f(5r the purpose of settling boundaries which were confused. Rights, and the modes of enforcing them, may also be viev/ed with reference to the sources from which they flow. Thus the rights of Roman citi- zens flowed in part from the sovereign power, in part from those to whom power Was delegated That body of law which was fotmded on, and flowed from, the edicts of the praetors and curule iEdiles, was called jus honorariwM, as opposed to the jus civile, in its narrower sense, which comprehend- ed the leges, ptebisciia, seruitus consuUa,.&x. The jju lumorarmm introduced new rights and modified ex- isting rights ; it also provided' remedies suitable to such new rights and modifications of old right3,'aiid this was effected by the actions which the prsetors and aediles allowed. On this jurisdiction of the praetors and aediles is founded the distinction of ac- tions into cvmles and honofariee, or, as they are some times called, pratmia, from the greater importance of the praetor's jurisdiction. There were several othfer divisions of actions, all of which had reference to the forms of procedure. A division' Of actions was soriietimes made with reference to the object which the plaintiff had in view. If the object was to obtain a thing, the ac- tion Was .called perssoutoi-ia. If the object was to obtain damages (pcena) for an injury, as in the cisl of a thing stolen, the action was piEnaMs; for tht^ thing itself could be claimed both by the vindicatio ani the condictia. If the'object was to obtain both the thing and damages, it Was probably sometimes called actio mixta, a term which had, liowever, an- other signification also,' as already observed. The division of actiones into directts or imlgo/res, and wfe- les, must be traced historically to the adiones juMtia or fictions, by which the rights of action Were en- larged and' extended. The drigin cf this division was in the power assumed by the praator to gram an action in special cases i-yrhere no action could legally be brought, and in •which an action, if brought, would have been inanis or iwutilis. After the decline of the praetor's jpower, the adiones utiles ■were still extended by the contrivances of the juris prudentes aSid the rescripts of the emperors. When- ever an adio utilis was granted, it was framed on some analogy to a legally recognised right of action. Thus, in the examples given by Gaius,' he who ob- tained the bonoTum possessio by the pr-xtor's edict, succeeded to the deceased by the prastorian, and not the civil law : he had, therefore, no direct action (directa actio) in respect of the rights of the dec eased, and could only bring Ms action on the fiction of his being what he was not; namely, heres. Actions were also divided into ordinaries and ct- traordinaiia. The ordinaries were' those which were prosecuted in the usual way, first tiefore the pnctor, injwre, and then before the judex, in'jtiditio. When the whole .matter was settled before or by the pr*tor in a summary way, the name extrcUrrdinaiia' was applicable to such action. {Vid. Interdict.) The foundation of the division of actions into addones slridi juris, bonis fidei, and arbitraria, is n'ol quite clear. In the adiones stridi juris, it appears 1. (Inst., jr., tit. 6, s. ! l.)—i. (iv., 34.) 17 ACTIO. '.hat 'iic fonnula of the praetor expressed in precise and strict terms the matter submitted to the judex, whose authority was thus confined within limits. In the actiones boruB fidei, or ex fide bcma,^ more lati- lude was given, either by the formula of the prcetor, ur was implied in the kind of action, such as the action ex. empto, vendits, locqio, &c., and the special circumstances of the case were to be taken into consideration by the judex. The actiones arbitraria were so called from the judex in such case being called an arbiter, probably, as Festus says, because the whole matter in dispute was submitted to his judgment; and he could decide according to the justice and equity of the case, without being fet- tered by the prsetor's formula. It should be observed , also, that the judex properly could, only condemn in a sum of money ; but the arbiter might declare that any particular act should be done by either of the parties, which was called his arbilriwm, and was followed by the condannatio if it was not obeyed. The division of actions into perpekue and tempo- rales had reference to the time within which an action might be brought, after the right of action had accrued. Originally those actions which were given by. a lex, senaius consuUwm, or an imperial constitution, might be brought without any limita- tion as to time ; but those which were granted by the praetors authority were generally limited to the year of his office. A time of - limitation was, however, fixed for all actions by the late imperial constitutions. , , The division of actions into actioTies in jus and in factum is properly no division of actions, but has merely reference to the nature of the formula. In the formula in factum concepia, the prastor might direct the judex barely to inquire as to the fact which was the only matter in issue ; and on finding the fact, to make the proper conderwnati^: as in the ease of a freedman bringing an action against his patronus. In tlie formula in jus tlie fact was not in issue, but the legal consequences of the fact were submitted to the discretion of the judex. The formula in factum commenced with the technical expression. Si paret, ^&c., " If it should appear," &c.; the formula in jus commenced, Quod A. A., &c., " Whereas A. A. did so and so."= The actions which had for their object the pun- jsnment of crimes were considered public, as op- posed to those actions by which some particular person claimed a right or compensation, and which were therefore called privata. The former were properly called judicia publico, ; and the latter, as contrasted with them, were called judicia piivaia. [Vid. JUDICWM.) The actions called noxales were when a filitis familias (a son in the power of his father), or a slave, committed a thelt, or did any injury to an- other. In either case the father or owner might give up the wrong- doer to the person injured, or else he must pay competent damages. These ac- tions, it appears, take their name either from the injury committed, or because the wrong-doer was liable to be given up to punishment {twxo) to the person injured. Some of these actions were of legal origin, as that of theft, which was given by the Twelve Tables; that of dammim injuries, which was given by the Aquilia Lex ; and that of injuri- arum el vi bonorum raptorum, which was given by the edict, and therefore was of prsetorian origin. This instance will serve to show that the Roman division and classification of actions varied accord- ing as the Roman writers contemplated the sources of rights of action, or the remedies and the modes of obtaining them. An action was commenced by the plaintiff sum- moning the defendant to appear before the prcetor or other magistrate who had jurisdictio : this process was called in jus vocatio ; and, according to the 1 (Cic, Top., 17.)— 2. (Gaius, iv., 46, 47.) 18 ACTIO. laws of the Twelve Tables was in effect a drag • ging of the deftendant before the prstor if he refuses 1 to go quietly. This rude proceeding was modified in later times, and in many cases there could be nc in jus vocaiio at all, and iii other cases it was neces- sary to obtain the proetor's permission under piyn of a penalty. It was also established that a 'man could not be dragged from his own house; but if a' man kept his house to avoid, as we should .say, being served with a writ, he rin the risk of a kinj of sequestration {actor in bonn mittebatm). . The object of these rules was to make the defendant ap- pear before the competent jurisdiction ; the device of entering an appearance for the defendant ;does not seem, to have suggested itself to the Roman lawyers.'. If the defendant would not go quietly, the plaintiff called on any by-stander to witness (antestan) that he had been duly summoned, touchea the ear of the wimess, and dragged the defendantr into court.^ The parties might settle their dispute on their way to the court, or the defend.ant ,'miglit; be bailed by a vindex.^' The vindex must 'n6't_ be confounded with the vades. This settlement; of ^ disputes on the way was called transactio in',ma,'-: and serves to explain a passage in St. Matthew.* \ ; When before the praetor, the parties were said jwre agere. The plaintiff then prayed for an action, and il the priEtor allowed it {dabat actionem)', he then declared what action he intended to bring against,.. the defendant, which was called edei-e actiqnem.{: This might be done in writing, or orally, or by', the plaintiff taking the defendant to the album, and show- '; ing him which action he intended to rely onl» .As the formula comprehended, or were supposed to . comprehend, every possible form of action that could be required by a plaintiff, it was presumed that he could find among all the formulae some one ' which was adapted to his case, and he was accord- ingly supposed to be without excuse if he did not take pains to select the proper formula.' If he took | the wrong one, or if he claimed more than his' due, he lost his cause;' but the pra:tor sometimes gave | him leave to amend his claim or intentio.' li, for i example, the contract between the j)arties was for i something in genere, and the plaintifl: claimed some- ■ thing in specie, he lost his action : thus the contract might be, that the defendant undertook to sell, the plaintiff a quantity of dyestuff or a slave ; , if .the plaintiff claimed Tyrian purple or a particular slave, his action was bad; therefore, says .Gains, according to the terms of the contract, so ought the claim of the intentio to be. It will be observed that, as the formulas. were so numerous and comprehen- sive, the plaintiff had only to select the lormula which he supposed to be suitable to his case, and it would require no farther variation than the inser- tion of the names of the parties and of the thing' claimed, or the subject-matter of the suit, with th<; amount of damages, ■fee, as the case might be. When the praetor had granted an action, the plain- tiff required the defendant to give sectr.ity foi his appearance before the prastor (in jure) n" a day named, commonly the day but one after the in ju\ vocatio, unless the matter in dispute was settled at once. The defendant, on finding a surety, was sa'd vades dare,' vadimonium . pfomittere or facers; tJie surety, t'as, was said spondere; the plaintiff, wbiin satisfied with the surety, was said vadari reum, to let him go on his surp.ties, or to have sureties from him When the ..ojondant promised to appear m jure on,the'davnflri(-,l, withqut giving any surety, this was called vadimonium purum.. In some cases recuperaiores {vid. Judex) were named, who, .in case I. (Dig; 2, tit. 4.)— 2. (Hot., Serin. I., i%., 75., Beofi.— PUu- tns, CuicUl.,'T., 2.)— 3. (Cic, Top., 2.— Gains, iv., 46;)-!4. (v., 25.— It is not easy to state correctly the clianges in procedun which took place after the abolition of the leeitima: actiorcl Compaje Gains, iv., 25, 46.)— 5. (Dig. 2, tit. 13.)- 6. (Ci-.., pro Eos. Com., c. 8.)— 7. (i' Cauca codebat. :" Cic, de Orat i.. 36.)— e. (Gains, iv., 53, scqq.)— S. (Hor., Serm. I., i., 11 » ^UTIO. ACTIO. Di ine defendant making default, condemned him in the sum of money named in the vadirmmium. If the'defendant appeared on the day appointed, he was said vaMrrumiv/m sistere; if he did not ap- pear, he was said vadimoniwm, deseruisse, and the jjriEtor gave to the plaintiff the borwrmn, possessio.' Both parties, on the day appointed, were sr.mm6ned by a crier Ipraco), when the plaintiff made his claim or demand, which was very briefly expressed, and may be. considered as corresponding to our declara- tion at law. The defendant might either deny the plaintiff's claimj or he might reply to it by a plea, exceptio. If he simply denied the plaintiff's claim, the cause ,-was at issue, and a judex, might' be demanded.' The fomis of the exceptia also were contained in the praetjr's edict, or, upon hearing the facts, the prsetor adapted the plea to the case. ., The exceptio was the defendant's' defence, and was often merely anequi- table answer or plea to the plaintiff 's legal demand. The plaintiff might claim a thing upon his contract; with the defendant, and the defendant might not de- ny .the,' contract, but might put in' a.' plea' of fr^Ud {Mus malisX or that he had been' constraineji to come to such agreement. ■ The'exceptio -was in effect soriiething'wliich negatived the plaintiff's demand, and it was expressed by a negative clause : ,thus, if .the defendant should assert tjiat the plaintiff fraudu- lently claimed a sum of money which he had not ■i^-iven to the defendant, the exceptio would' run thus : SI in ea-re ni/di dolo rmlo AidiAgeriifactium sit Tiegue fiat. Though the exceptio proceeded from the de- ,1'endant, it was expressed in this form, in order to be .adapted for insertion in the formula, and to render 'iie cmidemnatio subject to the condition. Exceptions were pyremptaricB or dilatorice. Per- emptory exceptions were a complete and perpetual answer to the plaintiff's demand, such as an excep- tio of dolvs mains or of res judicata. Dilatory ex- ceptions were, as the name imports, merely calcu- .ated to delay the plaintiff's demand; as, for in- itance, by showing that the debt or duty claimed was .not yet due. Gaius considers the exceptio litis dividua and rei residuce' as belonging to this class. ., If ,a plaintiff prosecuted his action after a dilatory exception, he lost altogether his right of action. Theie might 'be, dilatory' exceptions, also, to the person of the plaintiff, of which class is the e:ccsptio cognitmia, by whicli the defendant objects either that the plaintiff is not entitled to sue by a cogniior, or that the cognitor whom he had named .was not qualified to act as a cognitor. If the ex- ception was allowed, the plaintiff could either sue himself, or name a proper ' cognitor, as the case might be. If a defendant neglected to take advan- tage of a peremptory exceptio,.th.e praetor might af- terward give him permission to avail himself of it; whether he could do the same in the case of a dilatory, was a doubtful question.' The plaintiff might reply to the defendant's excep- tio, for the defendant, by putting in his plea, became an actor. (Virf.AcTOK.) The defendant's plea might b? good, and a complete answer to the plaintiff's demand, and yet the plaintiff might allege some- thing that would be an answer to the plea. Thus, in the example given by Gains,* if the auctioneer {argentarius) claimed the price of a thing sold by auction, the defendant might put in a plea, which, when inserted in the formula, would be of this shape : Ut ita demnm eTWptor damTietm/r, si ei res quam emerii tradita sA; and this would be in form a good plea. But if the conditions of sale were that the article should not be handed to the purchaser before the money was paid, the argentarius ' might put in a re- pliadio in this shape: Nisi preedicimm est ne aliter emiptorires traderel/wr quam si pretiv/m emptor solvent. 1. {Hor., Serm. I., ix , 36, seqq. — Cic, pro P. Quinctio, c. 6.) -8 (ii , 12S ) -3. (Gains, iv., I25,)-4. (W., 126.) If the defendant answered the replicatio, his ansu ti was called duplicatio; and the parties might go ca to the triplicatio and quaH/mplicatio, and even farther, if the matters in question were such that they could not otherwise be brought to an issue. It remains to speak of the prascriptio, so called from being written at the head or beginning of tlit formula, and which was adapted for the protection of the plaintiff in certain cases.' ' For instance, if the defendani was bound to make to the plaintiff a certain fixed payment yearly or monthly, the plain- tiff, had a good cause of action for all the sums oi money already due ; but, in order to avoid making his demand for the future payments not yet due, ii was ilecessary to use a prasscription of the follow ing ^orra: Ea res agatwr ciijus rei dies fuit. ,A person might maintain or defend an action by hjs cogniior or procwraior] or, as we should say, by his attorney. The plaintiff and defendant used "a 'certain form of word!s in appointing a cognitor, and it would appear that the appointment was' made in the presence of both parties. 'The cognitor needed not to be present, and" his appointment was com- plete when by his acts ' he had: signified his' assent.' ]N"o. form of words was necessary for appointing a procwratorjSni he might be appointed without the knowledge of the opposite party. ' ' In maiiy. cases .boUi' plaintiff and defendant might be'required to give security (satisdare) ; for instance, in the, case of an actio in rem, the defendant who was in possession 'was required to give security, in order that', if he lost his cause and did not restore the thing, nor pay its estimated value, the plaintiff might have an action against him or his sureties. When the actio in rem was prosecuted by the formula petiioria, that stipidatio was made which was called judicatwm solvi. As to its prosecution by the sponsio, see Spotfsio and CENTUMvmi. If the plaintiff sued in his own name, he gave no security; nor was any security required if a cognitor sued for him, either from the cognitor or the plaintiff himself, for the cognitor actually represented the plaintiff, and vraa personally liable. But if a procurator acted for him, he was obliged to give security that the plain- tiff would adopt his acts ; for the plaintiff was not prevented from bringing another action when a pro- curator acted for him. Tutors and curators gener- ally gave security, like procurators. In the' case of an actio in personam, the same rules applied to the plaintiff as in the actio in rem. ' If the defendant ap- peared by a cognitor, the defendant had to give se- curity; if by a procurator, the procurator had to give security. When the cause was brought to an issue, a judex or judices might be demanded of the pr^tor who named or appointed a judex, and delivered to him the formula which contained his instructions. The judices were said dari or addici. So far the pro- ceedings were said to be iripirei the prosecution oi the actio before the judex requires a separate dis- cussion. . The following is an example of a formula taken from Gaius:' JvAex esto. Si paret Aulnm Ageriwm apud Nwmmum Negidium mensam ar^enteam depo- siasse' eamque dolo mMa NummiNegidii Aula Agerio redditam non esse quanti ea res erit tamtam pecuniam jvAex Nwmerimn Negidium Auto Agerio corbdemnato • si non paret, aisolvito. The nature of the formula, however, will be bet- ter understood from the following analysis of it by Gaius : It consisted of four parts, the demonstratio, intentio, adjudicatio, coTidemnatio. The demonstratiio is that part' of the formula which explains what' the subject-matter of the action is. For instance, if the snbject-matter be a slave sold, the demmislraiio would run thus : Quod Aldus Ageiius Nwmerio Negidio horn- 1. (GaiuSjiv., 130, seqq.— Cic, lie Oral., :., 37.)— 2. (Cic, mi Q. Hoscio, e: 2.— Hor., Serm. I., v., 35.)— 3. (iv. 47.) 1Q vntm vmdUlu The inUiUio contains the claim or demand of the plaintifl": 1^ paret homiiiem ex jure QpiiirUium Aidi Agerii esse. The adjudicatU) is that part of the formula which gives the judex authority 10 adjudicate the thin^ wMch is the subject of dis- pute' to oiie or other ol the litigant parties. If the action bg among partners for dividing that which belongs to them all, the adjudication would run thus: Quankim adjv4vMn.oportet judex 7\tw adjudi- cnto. I'he co'ndemnatio is fliat part of the fonhula which gives the judex authority to condemn the de- fendant in a sum of money, or to acquit him : for example, Judex Numerium Negidium, Avlo Agerio seiterlium milia amdemna: si turn paret, absolve. Sometimes the iTvtentio alone was requisite, as in the formulae called prajudidales (which some mod- ern writers make a class of actions), in which the matter for inquiry was, "whether a certain person was a freedman, what was the amount of a dos, and other similar questions, when a fact solely was the thing to be ascertained. Whenever the formula contained the condemnaMo, it was framed with the view to pecuniajy damages; and, accordingly, even when the plaintiff claimed a particular thing, the judex did not adjudge the de- fendant to give the thing, as was the ancient prac- tice at Rome, but condemned him in a sum of mon- ey equivalent to the value of the thing. The for- mula might eitjier name a fixed sum, or leave the estimation of th? Value of the thing to the judex, who in all cases, however, was botmd to name a definite sum in the condemnation. The formula then contained the pleadings, or the statements and counter-statements, of the plaintiff and the defendant ; for the inteTiiio, as we have seen, was the plaintiff's declaration; and if this was met by a plea, it was necessary that this also should be inserted in the formula. The formula also con- tained the directions for the jude,x, and gave him| the power to act. The resemblance between the English and Roman procedure is pointed out in a note in Starkie's Law of Evidence.^ The following are the principal actions which we read of in the Roman writers, and which are briefly described under their several heads: Actio — Aqua plnima arconda ; Bonorum vi raptanim ; Certi et In- eerli; Commodati; Communi dividvmdo ; Confessoria; Damni injuria dati ; Dejccti vel effusi ; Depensi ; De- positi ; De dolo rrudo ; Emti et venditi ; Exercitoria ; Ad Ex/iibendvm; FamilicB erdsaimdts; Pidudaria; Pinium regwndorum; Furti; Hypothecaria ; Injuri- drum; Ins&toria; JudicaM; Quodjussu; Legis Agui- lia ; Locnii et amdiu:ti ; Mandati mutm ; Negatipa ; Negotioriim gestonim ; Noxalis; Depauperie; Depe- cuiv) ; Pipwratida or Pignoralitia ; Publidand ; Quanli minojis ; Rationibvs distrahendis ; Derecepto; Bed/iilntnria ! Rei uxarice oi Doiis; Restiiiitoria and Resdssoria ; Rutiliana ; Serviana ; Pro sodo ; Triiu- i-nria; Tidelcs. ACTOR signified generally a plaintiff. In a. civil or private action, the plaintiff was often called setitor; in a public action {causa publica') he was called accvsatm:' The defendant was called rms, both in private and piiblic causes: this term, how- ever, according to Cicero,' might signify either p^rty, as indeed we might conclude from the word Itself. In a private action the defendant was often tailed advm'sarius, but either party might be called adversarius with respect to the other. Originally, no person who was not m juris could maintain an action ; a. JUius famUias, therefore, and a slave, could not maintain an action ; but in course of time cer- tain actions were allowed to a^filius familias in the absence of his parent or his procurator, and also in' case the parent was incompetent to act from mad- ness or other like cause.* Wards brought their ac- tions by their guardian or tutor; and in case they 1. (i., p. 4.)— 2. (Cic. ad Att., i., 16.)— 3. (De Orat., ii., 43.) 4 (Dig. 47, tit. 10, 8. 17.) 90 ACUB. wished to bring an action against their tutor, the prsetor named a tutor for the purpose.' Peregrini, or aliens, originaUy brought their action through their patronus; but afterward in their own iiame, by a fiction of law, that they were Roman citizens, A Roman citizen might also generally bring his ac- tion by means of a cognitor or procurator. {Vid. Actio.) A universitas, or corporate boily, sued and was sued by their actor or sijiulious.' Actor has also the sense of an agent or managtr of another's business generally. I'he actor publims was an ofiicer who had the superintendence or care of slaves and property belonging to the state." ACTOR. (Fid. HisTRio.) ACTUA'RII, short-hand writers, who took down the speeches in the senate and the public assemblies.* In the debate in the Roman senate upon the punish- ment of those who had been concerned in the con- spiracy of Catiline, we find the first mention ol short-hand writers, who were employed by Cicero to take down the speech of Cato. The AOTUARii MiLiTiiE, Under the Roman emper- ors, were officers whose duty it was to keep the ac- counts of the army, to see that the contractors sup- plied the soldiers with provisions according tq agree- ment, &e.* ACTUS, a Roman measure of length. "Actus wcabatur, in quo boves agerenM./ cum arairo, uno im- petm justo. Hie erat cxx pedum; duplicabusqu^ in longmidinemiugerumfaeiebat."^ This actus is called by Columella cuMs guadratus; he says,' "Actus quadrat/us wndiquefinituir pedibus cxx. Hoc duplicoMm. facii jugerumi, et meo, guod erai jumclmm,jugeri rumen usurpavit ; sed hunc actum promnda BcsticcB rustid acrmum (or aenam) vocamt. Varro' says, " AcIah qu/id/raims qui et latks est pedes cxx, et longus totidem, is modus acnua Laiine appeUat/ur" The actms quad- ratus-was therefore equal to half a jugerum, or 14,400 square Roman feet. The actus minim/as or simplex'' ; was 120 feet long and four broad, and therefotf equal to, 480 square Roman feet. ACTUS. (Fid. Sehvitutes.) ACUS, dim. ACICULA (/JeXov?/, ^slovii, ba(j>ii), a needle, a pin. We may translate acus a needle, when we suppose it to have had at one end a hole or eye" for the Eassage of thread ; and a pin, when, instead of a ole, w'e suppose it to have had a knob, a small globe, or any other enlarged or ornamental termina- tion. The annexed figures of needles and pins, chiefly taken from originals in bronze, vary in length froi" an inch and a half to about eight inches. ^ c Pins were made not only of metal, but also oi wood, bone, and ivory. Their principal use was to assist in fastening the garments, and more particu- larly in dressing the hair. The mode of platting the hair, and then fastening it with a pin or needle. 1. (Oaius, i., 184.)— 2.. (Dijr. 3, tit, 4.)— 3. ■ Tacit., Ann., ii., 30; m., 67.— Lips., Eionrs. ad Tacit., Ann., ii. 30.>— 4. (Suet, Jul., 55.— Seneca, Ep. 33.)— 5. (Animian., xx. 8,— Cod. lii., tit. 37, s. 5, 1§; ai,, tit. 49.)— 6. (Pliii., H. N., xviii , 3.)— T (v., 1.)— 8. (De He Rusi., i., l«.)-0. (Colum , v., 1.— Vairo De Ling. Lat. V., <.) — 10. {rpvmjjxa, rpviiaXin.) ADAMAS. ADLECTOR. IS shown in the annexed figure of a female nead, laken from a marble group which was found at Apt, in thf; soi;*^h of Prance.' 'This fashion has been continued to our own times by tiie lemales of Italy. Martial alludes to it in the fiilowing epigram, in \vliich he Supposes the hair to be anointed with perfumes and decorated with rib- ands : " Temda ne madidi violent domiyci'na crimes, Plgat acus tortas. siiitineatque comas."^ The acus was employed as. an instrument of tor- ture, being inserted under the nails. Honesty; was enjoined iipon children by telUng them thWc it was wrong even to steal a pin. M.ri6e ^eWovriQ hia/ifi' evidvfi^Ct mfapiXe, 'O yap Qeof pAefrei ae TrXi/aiov irapijv.' *AD'AMAS {&&i/ia;), a name given by the an- cients to several hard substances, and among the rest, probably to the Diamond. Psellus dtescribes the gem aia/nms as foUo^irs : ^poLav /ihv Ix^i ieU^ov- ai:y not anlinijv, " its colour resembles crystal, and U splendid." — " It is probable," observes Dr. Moore, " that Plihy, when speaking of the gem called ad- umias,* had in view, among other things, the dia- mond ; but i; is plain, from the fables he relates of it, that this substance ' of highest value, not only among gems, but all human things, and for a long time known to kings only, and to very few of them,' was Unknown to him. He has evidently confound- ed in his description several wideily different miner- als ; to which, from their hardness, or their, in Some respect or other, indoinitaWe nature, the Greeks gave the name aSafia^, ' adariiant:' Thus steel was very frequently so called;' and those graihs of na- tive gold, whidh, when the gangue containing them was reduced to powder in a mortar, resisted the pes- tle and could ndt be comminuted by it, were called adariias? Something of this sort Pollux meant by that 'flower of gold," or choicest gold, which he calls odaTtms ;' and Platd, too, by ' the branch ot knot of gpld," which, from its derisity, very hard and deep coloured, was called adamas}* It was, no doubt, this native gold that was spoken of in the authors from whom Pliny drew, when he wrote that adaijias is found in gold mines; that it accompanies gold; that it seems to occur nowhere but in gold ; that it is not larger than a cucumber seed, nor unlike to it In colour. Of the six kinds he mentions, that de- scribed as occurring in India, not in gold, but bear- ing some resemblance to crystal, may have been Ihe diamond; though even here it is probable that ne, and those from whom he Copies, niistook' fine crystals of quartz for diamonds, or, rather, call such crystals adamas. The description given is t (Moutfaucon, Adt. Exp; Suppl., iii., 3.) — 2. (Lib. xiv., Epi^. M.)— 3. (Menan. et Philem., EoUq. a Meineke, p. 306,)^-4. (IE. N., xxxvii., 15.) — 5. ('Ai^ffuaff- 7tvos oiHpfiv. Ilesyoh. — Stanley, in Msf^., Prom. Virict., 6.) — 6. (Salmas,, Exercit. Plin., p. 757.)— 7. (xpuffoii avSis-)— 8] (vii., 99.)— 9. (xpiwoC Koc 1— lOi (Ti'n.. ".: '', p. 5:, ed TaiJchn.j precisely that of a crystal of quartz, in which the prism has entirely disappeared, leaving a double six-sided pyramid upon a common base.' , The manner in which Dionysius Periegetes character- izes adamas may lead us to suspect that he also spoke of crystals of quartz; for the diamond in its unpolished state, as known to the ancients, would hardly have been styled ' all-resplendent,'" ana afterward 'brilliant.'^ The locality, top, in the former case, being Scythia. The variety of adamat which Pliny calls siderites, was magnetic iron ore;' and the Cyprian was probably emery, or some simi- lar substance used in engraving gems."* *ADAR'KES {adapKJic). Matthiolus admits his ignorance of what this substance is, and Mattliias f'aber was in erior when he referred it to the Lapis Spongites.' From the description , of it given by Dioscorides and Paulus jEgineta, it was evidently nothing but the efflorescence which gathers aboui reeds in certain salt lakes.* ADDlC'TI. (HANexi.) ADDIC'TIO. (HA Actio.) ADDIX, ADDIXIS {Mdi^, iiddt^cg), a Greek meao ure, according to Hesyohius equal to four xoiviKe?. ADEIA (utea). When any one in Athens, who had not the fall privileges of an Athenian citizen, such as a foreigner, a slave, &c., wished to accuse a person of any offence against the people, he was obliged to obtain first permission to do so, which permission was called adeia.' An Athenian citizen who had incurred un/^ia {vid. A^imia) was also obliged to obtain u6eia before he could lay an infor mation against any one.' ADEMP'TIO. (Vid. LegatdmO ADiSNA'TIO. (Fid. Heres; Testamenthm.) ADGNA'tl. (FiACoGNATi.) *AD'IANT'ON, a plant. There can be no doubt that it is the AdianHm Capiihis; or "Maiden-hair." Both Nicander and Theophrastus say of it, that it derives its naine from the cireumstdnce of its not being wet by rain («, neg., and Siaivu, "to wet"). Apuleius mentions Callitrichon, Polyb'ichim, and is- plerum as synonymes of it.'" 'AAIKI'AS npog tov Srjiiov ypafTj, and anaTtjaea; roH ifijiov ypari, were actions brought in the Athe- nian courts agairist persons who were considered to have misled the pBople, the courts of justice, or the senate of Five Hundred, by misrepresentations or false promises, into acts of injustice, or into measures injurious to the interests of Athens. If an individual :was found guilty, he was punished with death. The law relating to these offences is preserved by Demos- thenes.'' ADIT'IO HEREDITA'TIS. (rid.B.EREmTAs.) ADJUDICA'TIO. (Fa. Actio.) ADLEC'TI were those persons who were ad- mitted to the privileges and nonours of the praetor- ship, quaestorshipj Eedileship, and other public offices, without having any duties to perforni." In inscrip- tions we constantly ShA, adkctus inter triimws, inter quceslores, inter prcetores, &e. The name also was applied, accoi?ding to Festus, to those senators who were chosen from the equites on account of the small number of senators ; but it appears more prob- able that the adlecti were the same as the con- scripti. ■ Livy says, Conscriptos im nomim sspai/um appeUdbani ledos." ADLteG'l'OR, a collector of taxes in the prov- inces in the time of the Roman emperors." 1. (Plin., H. N., xxxvii., 15.) — 3. (■jTait(l>av6tiiVTa : Dion. Perieg.j 318.)— 3. liiapiiaiporra : M.ib., 1119.)— 4. (Salmas.,Exercit. Plin., p. 773, seq. — Janiieson, Mineral., i., 41.) — 5. (Salmas., Exercit Plin., p. 774:— IVEoore'B Ancient Mineralosry, p. 143, seq.) — 6. (Dioscor., v., 137. — Paul, .asgin., vii.— Mangeti, Bibl. Scrip Med.)— 7. (Adams, Append., s. v.)— 8. (Pint., Pericl., c. 31.)— 9. (Demosth., c. Timocr., 12, p. 715.— Pint., Phoc., c. 26.)— 10. (Theophrast., H. P., vii., 14.— Nioand., Ther., 846.)— 11. (c. Lefitin., c. 21. p. 487.— Id. ib., c. 29, p. 498.— Id., c. Timoth., p 1204.— DinaTch.,0. Philoc, C.I, p 9!.)— 12. (Capitolin., Portia o. 0.)— 13 (il, 1.)— 14. (Cod. TfeMd., xii., tit. vi., «. 19 > 21 ADOPTION ADMISSIONA'LES were chamberlains at the unperial court, who introduced persons to the pres- ence of the emperor.' They were divided into four classes; the chief officer of each class was called proximus admissimmm;' and iheproximi were under the magisler admiissumwrn,? The admission- ales were usually freedmen.* Friends appear to have been called amid admis- sumis prima,- secnmda, or ti^tia. According to some writers, they were so called in consequence of the order in which they were admitted ; accord- ing to others, because the atrium. wss divided into different parts, separated from one another by hang- ings, into which persons were admitted according to the different degrees of favour in which they were held.' ' " ■ . ADO'NIA {aSuvLO), a festival celebrated in hon- our of Aphrodite and Adonis in most of the Grecian cities.' It lasted two days, and was celebrated by svomen exclusively. On the first day they brought into the streets statues of Adonis, which were laid out as corpses ; and they observed all the rites cus- tomary at iunerals, beating themselves and uttering lamentations.' The second day was spent in mer- riment and feasting, because Adonis was allowed to return to life, and spend half of the year with Aphrodite.' *ADO'NIS (atfuvif, or i^uKoirog), the Flying-fish, or Exoccztus volitans, L." ADOPTION (GREEK). Adoption was called by the Athenians davoiriaii, or sometimes simply TToirjatf or iJetrif. The adoptive father was said irouiaBai, elanoulaOai, or sometimes vroiav ; and the father or mother (for a mother after the death of her husband could consent to ' ner son being adopted) was said hvoutv : the son was said ckttoi- ElaBai, with reference to the family which he left ; and dcTroulaSai with reference to the family into which he was received. The son, when adopted, was called ■noiriTOi, daivoijjToi, or ■&et6c,' in opposi- tion to the legitimate son bom of the body of the father, who was called yv^aiog. ' A man might adopt a son either in his lifetime or by his testament, provided he had no male;offspring and was of sound mind. He might also,' by testa- -nent, name a person to take his property, in case his son or sons should die under age." If he had male offspring, he could not dispose of his property. This rule of law was closely connected with the rule as to adoption ; for if he could have adopted a son when he had male cliildreii, such son would have shared his property with the rest of his male children, and to that extent the father would have exercised a power of disposition which the law de- nied him. Only Athenian citizens could be adopted ; but fe- males could be adopted (by testament at least) as well as males." The adopted child was transferred from his own family and demus into those of the adoptive father ; he inherited his property, and main- tained the sacra of his adoptive father. It was not necessary for him to take his new father's name, but he was registered as his son. The adopted son might return to his former family, in case he left a child to represent the family of his adoptive father; unless he so returned, he lost all right which he might have had on his father's side if he had not been adopted; but he retained all rights which he, might have on his mother's side, for the act of adop- tion had no effect so far as concerned the mother of I. (Lamprid., Sever., c. 4. — " OfRcium admissionis." Suet., Vesp., c. 14.) — 2. (Ammian., xxii., 7.) — 3. (Ammiaii., xv., 5. — Vop., Aurel., c. 12.)— 4. (Cod. Theod., vi., tif. 2, s. 12 ; tit. 9, 8 2 ; tit. 35, s. 3.)— 5. (Sen., de Benef., -vi., 33,' acq.— Clem., i., 10.)— 6. (Aristoph., Pax, 412.— Schol. in. loo.)— 7. (Plutarch, Ale, c. 18. — Nic, c. 13.)^. (For afuUer account, consult An- thon's Classical Dictionary, b.t.)— 7'9."„(:^liani ix., 36. — Plin., II. N., ix., 19.1— 10. (J)einosth.jKo.T(£vou tcvS., 13.)— 11. I Isteus TTEpi ToD ' Avvfou KA^pov.) 22 ADOPTION. the adopted person; she still continued 'hi« aac'b^^;. after the act of adoption. The next of kin of an Athenian citizen vere en- titled to his property if he made no disposition of il by will, or made no valid adoption during his life, time; they wei2, therefore, interested in preventing , frauciulent adoptions. The whole community were also interested in preventing the. introduction 'into their body of a person who was not an Athenian citizen. To protect the rights of the next of.kiu against unjust claims by persons who alleged' them- selves to bei adopted sons, it was required that the father should enter his son,' whether bom of his body or adopted,- in the register of his phratria ((pparpiKov ypa'/i/iaTetov) at a curtain time, the Thar- geUa,' with the privity of his' kinsmen and phratoreii {■yevv^rai, (ppdrope'i). . Subseqiiently to this, it was necessary to enter him in the register of the adoptive father's demus {Tiji^iapxiKov ' ypttfi/idTelov), without which registration it appears that he did not possess the fuU rights of citizenship as a member of his new demus. . ■• , i If the adoption was by testament, registration was also required, which we may presume that the person himself might procure to be done if he was of age, or if not, his guardian or next friend.' .If a dispute arose as to the 'property of the deceased {Klripm (SiaJixatria) between • the son adopted by testament and the next of kin, there could properly , be no registration of the adopted son imtil the tes-' tament was established. If a man died childless, and intestate,- his next of kin, according to the' Athenian rules of succession,'' took his property by the right of blood {ayxi^reia Kara yivog).' Thougt registration might in this case also be required, there, was no adoption properly so called, as some- modern writers suppose ; foj the next of kin neces-. sarily belonged to the family of the intestate. . The mles as to adoption among the Atheniari, are not quite free from difficulty, and it is not easf ^j to avoid all error in stating them. The general doctrines may be mainly deduced from the oratioai. of Isseus, and those of Demosthenes against Macai-. tatus and Leochares. . , ADOPTION (ROMAN). The Roman j ela- tion of parent arid child arose either from a lawful, marriage or from adoption. Axioptio was the gen- eral name which comprehended the two species, , adoptio and adrogatio ; and as the adopted person passed from his own familia into that of the person adopting, adoptio caused s. capitis dimi'/miio, and the lowest of the three kinds.. Adoption, in its specific' sense, was the ceremony by which a person'who, was in the power of his parent (in potestate paren- tium), whether a child or grandchild, male or fe- male, was transferred to the. power of the, person adopting him. It was effected rmder the authority of a magistrate (magisirafais),' the. praetor, for, in- ! stance, at Rome, or a governor (p-ases).m the provinces. The person- to be adopted was emanci- pated {vid. Mancipatio) by his natural father before, the competent authority, and/ surrendered .to'. the adoptive father by the legal form called in jure When a person was sid juris, i. e., not, in the. power of his parent, the ceremony of adoption was called adrogatio. , , Originally it could only be effect- ed at 'Rome, and onlyby a vote of th|e,p6pute (j>opfdi audoritaie) in the comitia curiata {lege cnri- ata);. the reason of this being that the caput ot status of a Roman citizen could not, accprding'to the laws of, the .Twelve, Tables, be affected^ qxcepl by a vote ,of _the_ populus , in tl e comitia curiala. Clodius, the enemy of Cicero, v as adrogated. into a plebeian family in urder to qualify himself . to be elected a tribuuus plebis.* Females could'not be ,.1. (Isaeus,,Tr£p( roS .'Atto) Aot^wp. KXfjpnv, 3, 5.) — 2. (Demosth., TpJf AiMjr., c. 6.)— 3. (A. Gell., t., c. 19.— S jet , Auff., c fi4.)— , 4. (Cic. ad Att.,- ii., 7.'— Id , pro Dt m.) ADORATIO. aujptcii by the adrogatio. Under the emperors it became the practice to effect the adrogatio by an imperial rescript (■principis auctoritate, ex rescripto prhicipt); but this practice had not, become estab- lished in the time Cf Gains, or, as -it appears, of Ulpian.' . It would seem, however, from a passage in Tacitus,' that Galba adopted a succesSdr.without the ceremony oi the adrogatio. By a 'rescript of the Emberor, Antoninus Pius, addressed to' the pon- 'ifices, those who were under age (impuberes), or rards (jiwpiUi), could, with certain restrictions, be adopted by the adrogatio. If a ' father who had chiWren in his power consented to be adopted by another person, both. himself and his children be- came in the power of the adoptive father. All the property of the adopted son became at once the property of the adoptive father.^ A person could not legally be adopted by the adrogatio till he had made out a satisfactory case (juste, bona, causa) to the; pontifices, who had the right of insisting on certain preliminaiy conditions. This power of the pontifices was probably founded on their right to preserve the due observance of the sacra of each gens.' It would, accordingly, have been a good ground of refusing, their consent to an adrogatio, if. the . person to be adopted was the only male of his gens, lor the. sacra would in such case be lost. It was required, that the adoptive father also had no children,, and no reasonable hopes of any f and, as a consequence of this condition, that he should be older than the person to be adopted. . A woman could not adopt a person, for even her own children were not in her power. Finallv, all adoption was effected by the imperial rescript. I'he effect of adoption was to create the legal re- lation of father and son, just as if the adopted son were bom of the blood of the adoptive father in lawful marriage. The adopted child was entitled to the name and sacra privata of the adopting parent, and it appears that the preservation of the sacra^ privata, which by the, laws of the Twelve Tables were made perpetual, was frequently one of the reasons for a childless person adopting a son. In case of intestacy, the adopted child might be the heres of his adoptive father. He became the brother of. 1 his adoptive, father's daughter, .'.and .^therefore could not marry 'her; but he did not' become the son of the adoptive father's wife,' for adoption only gave to the adopted son the jura agnationisl" The phrase of " adoption by testament"* seems to be rather a misapplication of the, term;. 'for, though a man or woman might by testament name a heres,' and impose the condition of the heres taking the naiue .of the testator or testatrix,' this so-called adoption could not produce the:,effecls'of ^a'proper a^doption. , It could give to the.person so said to be adopted the name''or property of. the testator or ,tes-, tatrix, but nothing more. ■■ A, person on passing from one gens into another, and tal£jng,"'the name of his new familia, generally retained the name: of liis old gens also, with the addition to it of the. ter- mination anns. Thus C. Octavius, afterward the Emperor Augustus, upon being adopted.by.the tes- tament of his uncle the dictator,, assumed the name of Caius Julius Csesar Octavianiis ;' but he caused the adoption to be confirmed by the curice.' ADORA'TIO {irimdKvvTiaig) was paid to the gods in the following marmer : The individual stretched out his right hand to the statue of the god whqm. he wished to honour,then,kissed his hand and wavi^d it. -to. the statue. Hence we have in Apuleius, " NiiM Deo arihuc supplicavit ; nnllum templum fre- I. (Compare Gaius, i,, 98, with Gaius .is cited in Dig:. 1,'tit. 7, s. 2 ; aUd.Ulpian, Fra^., tit. 8.)— 2. (Hist., i., 15.)— 3. (Gaius, ii., 98.)^!. (Cic, pro Dom., 13, seqq.)— 5. (Gaius, i., 97-107.— DiBt. 1. tit. 7.— Cicer.l, pro Domo.)— 6. (Cic, Brut., 58.)— 7. (Cic, Off., iii., 18.— 111. ad Alt., vii., 8.— .Suet,, Jul., 63.— Tib., 2, .lofiq.— Heinecc., Syiiiaffma. — Di^. 36, tit 1, & ©3.) ADULTERIUM. quentavU; si famwm aliquod pmtereat, nefns habut adorandi gratia maTmm lalris admovere.'^ The adoratio differed from the oraiio or prayers, suppli- cations, which were offered with the hands extend ed and the palms turned upward." The adoration paid to the Roman emperors was borrowed from the eastern mode of adoration, and consisted in prostrw- tion on the ground, and kissing the feet and knees of the emperor.^ ADROGA'TIO. (Firf. Adoption." ; ADSGRIPTrVI. (Firf. AccENsi.) ADSTIPULA'TIO. (Fm!. Stipdlatio.) ADULTER'IUM properly signifies, in the Ro- man law, the offence committed by a man having sexual intercourse with another man's wife. Stu- prum (called by the Greeks ipdopu) signifies the' like offence with a widow or virgifl. It was the con- dition of the female which determined the legal character of the offence ; there was, therefore, no adultery unless the female was married. In the time of Augustus a lex was enacted (prob- ably, about B.C. 17), entitled Lex Julia de adulteriii coercendis, the first chapter of which repealed some prior enactments on the same subject, with the pro- visions, of which prior enactments we are, however, unacquainted. In this law the terms adulterium and stuprum are used indifferently; but, strictly speaking, these two terms differed as above stated. The chief provisions of this law may be collected from the Digest and from Pauliis.* It seems not milikely that the enactinents repeal- ed by the Julian law contained special penal pro- visions against adultery ; and it is also not im- . probable that, by the old law or custom, if the adulterer was caught in the fact, he was at the mercy of the injured husband, and that the husband might punish with death his adulterous wife,' It seems, also, that originally the act of adultery rnight be prosecuted by any person, as being a pub- lic offence ; but under the emperors the right of prosecution was limited to the husband, father, brother, patruus, and avunculus of the adulteress. \ By the Julian law, if a husband kept his wife a'fter an acfofadulteiy was known to him, and let the 'adulterer ofi', he was guilty, of the offence^of lenbcinium, ' . The husbaiid or father in whose power the adulteress was,. had sixty days allowed for. com- mencing proceedings against the wife,' after which- time any other person, mfght'prosecute."' A woman- convicted of adultery was mulcted- 'in "half of her dos and th'e third part of her'property (A(mffi),'and banished (relegata) to some miserable 'islahdj-t such as '-Seriphos, -for •'instance," The' 'adtilter'eriwas mulcfed,in half his prop'erty, and banished in like manlier,- This law did not inflict the- punishment of' death on' either 'party;, and in" thoseMnstances under the emperors in' which death' was" inflicted,'- it inust be considered as an extraordinary punishment, and beyond the pro-risibns of the Julian law','" But, by a constitution of Gonstantine' ' (if it is genuine), the offence in the adulterer wasihade capital. - By the legislation of Justinian,' the law of Constantine ■was probably only confirmed; but the adulteress was put into a convent, after being first whipped. If, her husband did not take, her out in two years, 4he was compelled to assume the habit, and to spenr the rest of her life in the convent. The Julian law perriiitted the father (both adop- tive and' natural) to' kill the aduUerer.and adulter- ess in certain cases, as to which there were several nlc? 'dis'tinciions established by the law. If the 1, (Apul., Apolog;, p, 496,— Ptiil,, II, N,, xxviil,, 5.)— 2. (ijir- Ttdu^ara xeijCi'v ;■ .ffisch.. Prom V.,' 1004. — Lucret,, v,, 1199;— Hor., Carm,,iij,, 23, 1,)— 3. ;0n this whole subject, consult Brouerius, de Adoratioiiibus, Amst., 1713.) — 4. (48, >tit.'5 — - Sentent, Recept,, ii„ tit, 26, ed. Schulting,)— 5. (Dion^ Hal., ii,, 25,— Suet,, Tib,, 35.)— 6. (Tacit,, An;:,, ii.,85,)— 7. (Tacit ; Ann., ii., 50 ; iii., 24,— Lips., Excurs, ad Tacit,, Ann% iv.,' 42.-^ Noodt, Opi Oirm,, ■■ 236, S'qq.)--S. (Oo /I!:gis. MGIK tfei consul before he accepted the office of aedile, aud Ms munificent expenditure in tliis nominal of- fice waG the close of the splendour of the aedileship. Aug;ustus appointed the curule sediles specially to the office of putting out fires, and placed a body of 600 slaves at their command ; but the praefecti vigi- lum afterward performed this duty. In like man- ner, the curatores viarum were appointed by him to sujjei-in'end the roads near the city, and the quatu- ctviri to superintend those within Rome. The cw- r.-dmrci opencm puilicoruni and the cwratores alvei Ti- l ris, also appointed by Au5:\istus, stripped the zedi- les of the remaining few duties that might be called honourable.^ They lost also the superintendence (if wells or springs, and of the aqueducts.' They re- tained, under the early emperors, a kind of police, for the purpose of repressing open licentiousness and disorder: thus the batlis, eating-houses, and brothels were still subject to their inspection, and the registration of prostitutes was still within their duties.' We read of the a;diles under Augustus making search after libellous books, in order that they might be' burned. The colonise, and the municipia of the later pe- riod, had also their oediles, whose numbers and functions varied in difierent places. Tliny seem, however, as t ) their powers and duties, to fiavf re- sembled the oediles of Rome. They weie (. I.iscn annually.' The hisiorj', powers, and duties of llie amlilfs are stated with great minuteness and accuracy hy Schu- bert, De Romanoi-um, ^dilibus. Jib. Iv., fii jjimontii, 1828. . . , jEDIT'UI, ^DIT'UMI,.S;DJT'JJV1f (called by tlie Greek? veunopoi, fu/t'j/AJt, and ma^Mopoi*), were peisons whj took care uf the lenriples, attended to the cleaning of theiR, tkr,.' They appear to have lived in the temple.s,"or near ttie.n'i, and to have act- fid as ciceroni to those per.sons who wished to see Jiem.' In ancient tiriies, it.c !r,ditui were citizens, hut under the Mupcrors Jieerimen.' *AE;U0N (, \.« thunderbolt. ' With this appearance the descriptions of the Bgis by'the Latin poets generally correspond.' It is remarkable that, although the aegis properly ielonged to Jupiter, and was only borrowed from dim by his daughter, and although' she is common- ly exlubited either with the aegis itself, or with'some emblem of it,' yet we seldom find' it as an attribute 3f Jupiter in works of art. There is, however, in the museum at Leydfen a marble statue of Jupiter, foand at Utica, in which the aegis hangs over; his left shoulder. -It has. the Gorgon's , head, serpents on the border, and a' hole for the left arm to pass through. The annexed figure is taken from a cameo engraved by Nisus, a Greek artist. Jupiter is here represented with the aegis wrapped round the fore 1. (BSttiger, Amaltheii, ii., 215.) — 2. (11., v., 738; xviii., 204.)— 3. (il., XY., 229, 307, seqq.)— 4. (xxiv., 20.)-5. (II., v., 741.)— 6. (11., ii., 446, seqq.)— 7. (Virg , jEn., riii., 435, soqq.— Vil. Place, vi., 174.- *id. Apollinaris, Carm., xv — Sil. Ital., t 442.1 The Roman emperors also assumed, ihc a?gis, w- tending thereby to cxhil.'it themselves in the char- acter of Jupiter. : Of this the armed statue' of Ha- drian in the British Museum presents aii example. In these cases the more recent Roman conception of the aegis is of course followed, coinciding -with the remark of Servi-as,' that this breast-armour was called aegis when worn by a god ; lorica, when worn by a man. ■ Hence Martial, in an epigram on the yroj::tp!atfl of Domitian, says, " Dvm vacat heec, Cicsa/r, poleiit lorica mean . Pectore cum sacro sedeiit, ISl.— Plin., xxx™., 10.)— 4 iiv 83.)- -ft (i. p ,^- ,fi.) — 6. (Adams, Append., s. v.) iERARII. rime of tlje master, or by his tt stament. It prescri- bed certain formalities to be observed in the case of manumission when the owner Of the slave (dominus) was under twenty; the effect of which was, that though a person of the age cf fourteen could make a will, he could not by will give a slave his free- dcia • .ailNKATO'RES {ahmatores') were those who blew upon -sdnd instruments in the Roman army; namely, the buccinatores, aymicmes, and MiMcines.' ^::eatcres were also employed in the public ga"?.e3.- A txi^fgi'wai aneatorum is mentioned in ir-iciipucl-i. ^OLIP'YLyE {aio'Kov mlaC) were, according to the description of Vitruvius,' hollow vessels, made of brass, which were used in explaining t.be origin, ifcc, of the winds. These vessels, which had a very small orifice, were filled with water and placed on the iire, by which, of course, steam was created -iE'aUITAS. {Vid. Jus.) .S;RA, a point of time from which subsequent or preceding years may be counted. The Greeks had no common sera till a comparatively late period. The Athenians reckoned their years by the name of the chief archon of each year, whence he was called upx'^'o tTruw/io^ ; the Laeedsemonians by one of the ephors ; and the Argives by the chief priest- ess of Juno, who held her office for life.' The fol- lowing ssras were adopted in later times : 1. The aera of the Trojan war, B.C. 1184, which was first made use of by Eratosthenes. 2. The Olympiac aera, which began B.C. 776, and was first made use of by Timoeus of Sicily, and was adopted by Polyb- ius, Diodoms, Dionysj as of Halicamassus, and Pau- sanias. ( Vid. Olym?' ad.) 3. The Philippic or Alex- andrian Eera, which began B.C. 323. 4. The aera of the SeleucidoB, which began in the autumn of B.C. 312. 5. The seras of Antioch, of wMch there ware three, but the one in most common use began in November, B.C. 49. The Romans reckoned their years from the foundation of the city (oA urbe condita) in the time of Augustus and subsequently, but in earlier times the years were reckoned by the names of the con- suls. 'We also find traces of an eera from the banishment of the kings, and of another from the taking of the city by the Gauls. The date of the foundation of Rome is given differently by different authors. That which is most commonly followed is the one given by Varro, which corresponds to B.C. 753." It must be observed that 753 A.U.C. is the first year before, and 754 A.U.C. the first year after the Christian asra. To find out the year B.C. corresponding to the year A.U.C, subtract the year A.U.C. from 754; thus, 605 A.U.C.=149 B.C. To find out the year A.D. corresponding to the year A.U.C, subtract 753 from the year A.U.C ; thus, 767 A.U.C=14 A.D. .^RA'RII, those citizens of Rome who did not enjoy the perfect franchise; i. e., those who cor- responded to the Isoteles and Atimi at Athens. The name is a regular adjective formed from ids (bronze), and its application to this particular class is due to the circumstance that, as the serarii were protected by the state without being bound to military ser- vice, they naturally had to pay the ces militare, Vt^hich was thus originally a charge on them, in the same way as the sums for "knights' horses were levied 3??. the estates of rich widows and orphans.' {Vid. Ms HoRDEARiuM.) The persons who constituted this class were either the inhabitants of other towns which had a relation of isopolity with Rome (the 1. (Gains, lib. i.— Ulp., Fra^., tit. 1.— Dig. 28, tit. 5, s. 57, 60. — Tacit., Ann., xv., 55,) — 2. (Ammian., xxiv., 4.) — 3. (Suet., Jul., yi.)—i. (Sen., Ep, 84.)— 5. (Orelli, 4059.— Gniter, 264, No. 1.) — «. (i., 6.)— 7. (Thu,-yd., ii , 2.- Pansan., iii., 11, ^ 2.)— 8. (Niebuhr, Hist. Kom., vol. i., ji. 258-269, trsMl.)— 0. (Niebuhr, Hist. Kofn., i., p. 465.) 28 MRVGO. inqmlvni), or clients and the desci ndants of [""^ ^ men. The decemvirs enrolled in tlie tnbes all wif were seraiians at that time:' and when the tribes comprised the whole nation, the degradation ot a citizen to the rank of an Eeraiian (which was^ called ararium facere ;" referre aZiqtiem in marws; or %% tabulus CaritMm refeni jubere*) might be practised in the case of a patrician as well as of a plebeian. Hence serarius came to be used as a term of re- proach. Thus Cicero, speaking of the cormpi indices who tried Clodius, says,' Maculosi senatores, nudi elites, trilnini mm tam arali, quam, id appellan- tur, ararii. He is aUuding to the Aurelian law, which settled that the judices should be selected from the senators, the knights, and the tribuni sra- rii. These triintni ararii, who constituted an ordei in the later days of the republic, and were, in fact, the representatives of the most respectable plebei- ans, were originally heads of tribes, who acted as general inspectors and collectors of the as miliUirt for the payment of the troops.^ In the same way the publicani, or fanners of the taxes, constituted a numerous claiis of the equestrian order. iERA'RiUM, the public treasury at Rome. After the banishment of the kings, the temple of Saturn was used as the place for keeping the public treas- ure, and it continued to be so till the later times of the empire.' Besides the public money, the stand- ards of the legions were kept in the srarium ;' and also all decrees of the senate were entered there, in books kept for the purpose.' The ffirarium was divided into two parts: the common treasury, in which were deposited the regu- lar taxes, and which were made use of to meet tlie ordinary expenses of the state ; and the sacred treasury {carariwrn sanchi/m, saTictins^"), which was never touched except in cases of extreme peril. The twentieth part of the value of every s',ave whc was enfranchised," and some part of the p;(iuder of conquered nations, were deposited in the sacred treasury." Augustus established a separate treas- ury under the name of ararium militare, to provide for the pay and support of the army, and he impo- sed several new taxes for that purpose." The aarariwrn, the public treasury, must be distin- guished from the fiscms, the treasury of the emper- ors.'* {Vid. Piscus.) The charge of the treasury was originally in- trusted to the quEBStors and their assistants, the tribuni osrarii ; but in B.C. 40, when no quasstors were elected, it was transferred to the aidiles, in whose care it appears to have been till B.C. 28, when Augustus gave it to the prators, or those who had been praetors." Claudius restored it to the quaestors;" but Nero made a fresh change, and committed it to those who had been praetors, and whom he called prisfecti cetarii." In the time of Vespasian, the charge of the treasury appears to have been again in the hands of the praetors ;" but in the time of Trajan, if not before, it was again intrusted to the praefects, who appear to have neii their office for two years." *.— SI. C"--. 11 \, znM..26 MS. .MSt tor example, ' the efflorescence upon siones wnich contained copper,' and what was 'scraped from Ihe stone out of which copper was melted.' Vari- ous modes of making verdigris are described by Theophrastus, Dioscorides, and Pliny, which agree in principle, and some of them even as to their de- lajls, witn the processes now employed. Among the various adulterations of it, that which was made with the sulphate of iron (eUramenium sutoriwm) was, as we learn from Pliny, the one best calcula- ted to deceive ; and the mode of detecting it, sug- gested by him, deserves notice. It was to rub the counterfeit aerugo on papyrus steeped with the gall- nut, which immediately thereon turned black.'" .^RUSCATO'RES were vagrants who obtained their living by fortune-tellipg and begging." They were called by the Greeks icyipTat. ( VM. AGURTAI.) Festus explains iBmscare by cBra nndique coUigere. JES (x'^TiKdc;), a composition df Inetals, in which copper is the predqminEtntingredient. Its etymology is not known. The Italians and ^French, often use the words rame and ottone, and avrain; to translate the word aes ; but, like the English term brass, which is also employed in a general way to express the same composition, all are incorrect, and are calculated to mislead. Brass, to confine ourselves to our own language, is a coijibinatioh of copper and zinc, while all the specimens of ancient objects formed of the material called ees, are found upon analysis to contain no zinc ; but, with very limited exceptions, to be composed entirely of copper and tin. To this mixture the term bronze is now exclu- sively applied by artist's and founders ;, and it is de- sirable that, being now generally received, it should always be used, in order to prevent misapprehen- sion, and to distinguish at once between the two compositions. The word bronze is of Italian or- ifin, and of comparatively modem date, and de- rirei in all probability irom the brown coloui Ofvmo^ which the artists of the period of the revival (as it IS called) of the Arts, and those who followed them, gave their metal works; various fine speci- mens of such productions of the dnjiie-cento age are still preserved in the Museum of Florence and in other collections ; and when the surface of the cast has not been injured by accident or by exposure to the weather, the rich brown tint originally imparted to them is as perfect as when it was first produced. The natural colour of bronze, whon first cast, is a reddish brown ; the differont tints which are seen on works of sculpture of this ciaES beiBg almost aU ways given by artificial means : that which iriodem (aste prefers, and which is now usually seen on bronze works, namely, a bright bluish green, may^ however, be considered natural to it, as it is simply theefiect of oxidation, from exposure to the influ- ence of the atinospheie. Sometimes the operations of time and weather are anticipated 'by the skilful appUcaticzi of an acid over the surface of the metal. The finest brrnzcs of antiquity are remarkable for the colour of this paMna, as "it is called by anti- quaries. The amployruent of SBS (fo-owxe) was very general among ihe ancients ; money, vases, and utensils of all sorts, wlvether for domestic or sacrificial pur- poses, ornaments, arms oifensive and defensive, fur- aitare, tablets for inscriptions, musical instruments, and, indeed, every object to which it could be ap- plied, being made of it. The proportions in which the component parts were mixed seem to have l.ccn much studied; and the peculiarities and ex- cellence of the different sorts of bronze were marked by distinctive names, as the ses Corinthiacum, ss Deliacum, ses .Slginetieum, ass Hepatizon, and others ; but of which, it must be confessed, we know little or nothing beyond the titles, except that ' "AKTI'TES (der/TT/c), the Eagle-stone. Jtislhs same with the ^ tuv tIktov of Theophrastus, or tho Prolific stone, of which the ancients give such won derful accounts, making it famous for assisting in delivery, preventing abortions, . and discovering thieves! .JPliny' says of it, " jEM autem lapis isti prcegnans iiUus; quum quatias, alio velut in uteii sonanie ;" and Dioscorides' remarks, dtn'Tiyf Xi#o{ (if Mpov iyKijiav XiBov imupx<->v. Sir John Hill' says, that custom has given the name of Aetites to every stone having a loose nucleus in it. Cleave- land observes, that the ancients gave it the name of Eagle-stone, (ieToc, "an eagle"), from, an opinion that this bird transports them to its nest to facilitate the laying of its eggs. It is an argillaceous oxydc of iron.' *A'ETOS (I'leToi). I. The Eagle. {Vid. Aquila.) II. A species of Ray fish, called by Pliny Ajquila, and now known as the Raja Aquila, L. Oppian emmierates it among the viviparous fishes.' APPI'NES, AFFI'NITAS, or ADFI'NES, A U- FI'NITAS. Affines are the cognati of huiljand and wife; and the relationship called affinifci'j can only be the result of a lawful marriage. Then an no degrees of affinitas corresponding to thrsa of cognatio, though there are terms to express tin?, vari- ous kinds of affinitas. The father of a husband is the socer of the husband's wife, and the fatlxor.of a wife is the socer of the wife's husband ; the terci socrus expresses the same affinity with respect to the husband's and wife's mothers. A son'a wife is nurus or daughter-in-law to the son's parents ; a wife's husbanti is gener or son-in-law to the wile'.', parents. Thus the avus, avia ; pater, mater ; of the wile 1. (Flore de Virple, p. 11.)— 2. .(II. N., xvi , 6, 2 ; 79,4 ; 43, 1 i n-ii., 34, 3.)— 3. (H.P., iii., 9.)— 4.'H. N.,i., 4, 1 ; y,i., 44, 1: xxx\i., 39, ).)— 5. (Diosr:or., v., 160.) — 3. (Theop'j-.nst wpl Aid., c. 11.)— 7 (Adams. Aponnd.. ». v.)— 6 (Adanu, AtHIM a. T.) aGEMA. AGlTATORKo. Become by the marriage respectively the socer rasg- aus, proso^rus, or socrus magna — socer, socrus — of the husband, who becomes with respect to them severally progener and gener. In like manner, the corresponding ancestors of the husband respectively assiune the same, names with respect to the son's wife, who becomes with respect to them , pronurus and nuras. The son and daughter of a.husbaad or wife born of a prior marriage are called privignus and privigna with respect to their stepfather or stepmother; and, with respect to such children, the stepfather, and stepmother are seveirally called vitricus and noverca. : The husband's brother be- comes levir with respect to the wife, and his sister becomes glos (the Ureek yuAoi). Marriage was unlawful among persotis who had become such afiines as above mentioned. A person who had sus- tained such a capitis (liminutio as to lose both his freedom and the civitas, lost also all his affines.' *AGAl,h'0(uHON [ayuXTioxov), the Lignum Aloes, or Aloexyhm AgaUochum, houi: Such, at least, is the opinion of the comnientators on Mesue, of Celsius, Bergitis, Matthiolus, Lamarck and Sprengel. Avi- cemia and Abu' 1 Fadli describe several species, or, more properly, varieties of it.^ ArA'MIOT rPA^H {aya/iiov ypa(pii). ( Vid. Mar- riageJ *AGAR'IKON {uyapiKov), the Boletus igniarius, called in English Tmichwood or Spunk, a fungous excrescence, which grows on the trunk of the oak and other trees. Dioscorides, Paulus iEgineta, and other writers on Toxicologj^, make mention of a black or poisonous Agaric, which may be decided to have been the Agaricus Muscariiis. Dr. Christi- son confirms the ancient statements of its poisonous nature.^ AGA'SO, agroom, a slave whose business it was 10 take care of the horses. The word is also used for a driver of beasts of burden, and is. sometimes applied to a slave who had to perform the lowest menial duties.* *AGASS'EUS (ayaaaev;), a species of dog de- scribed by Oppian." It may be conjectured to have U;en cither the Harrier or the Beagle. Pennant is in favour of the latter.' AGATHOER'GOI (uyaSospyoi). In time of war the kings of Sparta had a body-guard of three hun- dred of the noblest of the Spartan youths (iVirKf ), of i whom the five, eldest retired every year, and were employed for one year, under the name of ayaJdosp- /oi, in missions to foreign states.' It has been maintained by some writers that the uyadospyoi did not attain that rank merely by seniority, but were selected from the ijnr«f by the ephors without refer- "nce to age.' AG'ELE {uyi?,ii), an assembly of young men in Crete, who lived together from their eighteenth year till the time of their inarriage. An u.yE?.r; consisted of the sons of the most noble citizens, who were usually under the jurisdiction of the father of the youth who had ' been the means of collecting the ayi?^!). It was the duty of this person, called ayeXd- T7i(, to superintend the military and gymnastic ex- ercises of the youths (who were called uyc/ltiffToi), to accompany them to the chase, and to punish them when disobedient. He was accountable, however, to the state, which supported the ayi7\ai at the pub- lie expense. All the members of an uyiXrj were obliged to marry at the same .time.' In Sparta the youths entered the ayilai, usually called lioiai, at •he end of their seventh year. AGE'MA (uyriixa from uyu), the name of a chosen 1. (Dig. 38, lit 10, s. 4.)— 2. (Dioscor., i., 21.— Adams, Ap- pend., a. V.)— 3. (Dioscor.i iii., 1. — Adams, Append., s. v.) — 4. (Li7., xliii., 5.— Plin., xxxv., 11. — Curt.', viii., e.^Ibr., Serm. II., Tiii., 72.— Pera., v., 76.)— 5. (Cyneget., 473.)— 6. (British Zoftlngy, Tol. ii, p. 63.) — 7. (Herod., i., 67.)— 8. (Rohnken ad TiioK \.' 1 V\ rt s. v.l— 9. (Ephorus ap Strab., x., 480, 482, »S'i) body of troops in the Macedonian army, which Hsu. ally consisted of horsemen. The agenia seen, s tc have varied in number ; sometimes it cohsiste 1 ol 150 men, at other times of 300, and in later times >'• contained as many as 1000 or 2000 men.' *AGE'RATON {ayriparov), a plant, which Matthi olus and Adams make to have been the AcMUea ageratum. Dodonaeus and Sprengel, hr'vever, arf rmdecided about it. It would appear to be the Eu patoHum of the translator of Mesne.' ArEHPTlOT AI'KH (uyeupylov fi'm]), an au tion' which might be brought in the Athenian courts by a .landlord against the farmer who had injured his land by neglect, or an improper mode of cuUi' vation.' . . AGER ARCIFI'NIUS. ( Vid. Agrimensoees.) AGER DECUMA'NUS. ( Vid. AGKARiiX'EOEs.] AGER LIMITA'TUS. ( Vid. Agrimensores.) AGER PUB'LICUS. (Fi!a.AGRAEi^ Leges.) AGER RELIGIO'SUS. {Vid. Agrari^ Leges.) ■ AGER SACER. {Vid. AoRARiiE Leges.) ,. AGERSANCTUS (ff/JEWf).' . ITf^evof originally signified a piece of ground, appropriated for the sup- port of some particular chief , or hero.* In the Ho- meric times; the kingsof the Greek states seem to have been principally" supported by .the produce of these demesnes. The word was afterward applied to land dedicated to a divinity. In Attica, there appears to have been a considerable quantity of such sacred lands (TE/iEi;;/), which were let out by. the state to farm; and the income, arising from them was ap- propriated to the support of the temples and the maintenance of public worship.^ According to Dionysius,' land was set apart at Rome as early as the time.of ,Romiilus,for the sup- port of the temples; The property belonging to the temples increased considerably in later times, es- pecially under the eiiaperors.'' Lands . dedicated to. the gods . were also cali.ec Agri consecrati. , Houses, also, were consecrated; as, for instance, Cicero's, by Clodius. By the provisions of the Lex Papiria, no land or houses could be dedi- cated to the gods without the consent of the plebs.' ■ The time-when this law was passed is uncertain; but it was probably, brought forward about B.C. 305, if Livy' alludes to the same law.' A "ER VECTIGA'LIS. (FtW. Agrari^: Leges.) ACj3'T0R1A {ayriTopia). {Vid. CARNEIA.) .A.GGER (;t;(j|tja), ' from oA aoA gero, 'was used in general for a heap or moiuid, of any kind. It was more particularly applied to a mound, usually com- posed of earth, which was raised' round a besieged tcwn, and was gradually increased in. breadth and height till it equalled or overtopped the walls.'" At the siege of Avaricum, Cassar raised in 25 days an agger 330 feet broad and 80 feet high." The agger was aometimes made not only of earth, but of wood, hurdles, &c. ; whence we read of the agger beinj; set on, fire.'" The agger was also applied, to the earthen wall surrounding a Roman encampment, composed of the earth, dug from the ditch (fossa), which was usually 9 feet broad and 7 feet deep ; but if any attack was apprehended, the depth was in- creased to 12 feet, and the breadth to 13 leet. Sharji stakes, ,&c., were usually fixed upon the agger, which was then called- »aH«m. When both words are used (as in Caesar,' agger ac vallum}''), the agger means the mound of earth, and the vallum the shzirp stakes, &c., which were fixed upon the agger. AGITATO'RES. {Vid. Circus.) 1. (Diod. Sic., xix., 27, 28.— Liv., xxxvii., 40 ; .dii., 51, 68.- Curt., iv., 13.) — S. (Dioscor., iv., 58. — Adams, Append., a v.)— 3. (Bekker, Anecdot. Gr.,'336.— Meier, Att. Procesa, p. 532.)— 4. (Eom., II., n., 194 ; iv., 578 ; xiii., 313,)- 5. (Xen., Yectig., iv., 19. — ^Didymus ap. Harpocrat., a. v. 'Ajtu Mifff/w/irfroji/. — BSckh, Publ. Econ. of Athens, vol. ii., p. 10, transl.) — 6. (ii., 7.) —7. (Vid. Suet., Oct., 31.— Tac, Ann., iv., 16.)— 8. (Cic, pm Dom., o. 49, seq.)— 9. (ix., 46.)— 10. (Liv., v., 7.)— 11 (BelL Gall., vii., 24.)— 12. (Liv., xxxvi., 23.— Cies., Bell. Gall., vii , 24 —Id.. Bell. Civ., ii.. 14, aeg.)— 13 (Bell. Gall., vii., 72 ) 31 AGNUS. AGMEN (agnwa proprie didbm, cum exerdtus iter fttcU, ah agendo, id est, eundo vocainis^'), the marching jrder of the Roman army. According to Polybius,' the Roman armies commonly marched in his time in the following manner : " In the ran are usually pla- ced the extraordinaries {eiiiKeKToi, extraordinarii) ; and after these the right wing of the allies, which is followed by the baggage of both these bodies. IVezt to these marches the first of the Roman le- gions, with its baggage also behind it. The second (gion follows, having behind it, likewise, both its cwn baggagp, and the baggage of the allies, who are in the rear; for the rear of aU the march is closed with the left wing of the allies. The cavalry marches sometimes in the rear of the respective bodies to which it belongs, and sometimes on the flanks of the beasts that are loaded with the bag- gage, keeping them together in due order, and cov- ering them from insult. When any attack is ex- pected to be made upon the rear, the extraordina- ries of the allies, instead of leading the van, are posted in the rear ; in all the other parts the dispo- sition remains the same. Of the two legions, and the two wings of the allies, those that are on one day foremost in the march, on the following day are placed behind; that, by th\xs changing their rank alternately, all the troops may obtain the same ad- vantage in their turn ot arriving first at water and at forage. There is also anodier disposition which is used when any immediate danger threatens, and the march is made through an open country. At such times, the hastati, the principes, and the triarii are ranged in three parallel lines, each behind the other, with the baggage of the hastati in the front. Behind the hastati is placed the baggage of the pric:ipes, who are followed likewise by that of the tria;ii; so that the baggage of the several bodies, is placed in alternate order. The march being *Jius disposed, the troops, as soon as any attack is m^'le, turning either to the left or to the right, ad- Jar. 7« forward from the baggage towards that side rfpon -srhich the enemy appears; and thus, in a mo- njcnl iov ypai^fi could be instituted against debtors who had not been re- gistered." ArP'A$OI NO'MOI. (Vid,. NOMOI.) ArP'A^OT META'AAOT rPA4iH (aypa(^ov fiETu}.- T^ov ypafri) was an action brought before the thes- mothetse at Athens, against an individual who worked a mine without having previously register- ed it. The state required that all mines should be registered, because the twenty-fourth part of their produce was payable to the public treasury." AGRA'RI.^ LEGES. " It is not exactly true that the agrarian law of Cassius was the earliest that was so called : every law by which the com- monwecdth disposed of its public land bore that 1. (Demosth., c. Timocr., c. 29, p. 735. — Aristoph., Acham., 689.) — 2. (Schol. iu Aristoph., Acham., 658 ; ayopav^ttovsy ous vHv Aoyi(T7aff Kokovntv : MfiUer, iEginetica, p. 138.) — 3. (Ccrofanus, humani juris)." Viebnlir then refers to the view of Gaius, who makes 'he latter the primary division; but he relies 1 (Ni8b., Rom. Ilist., vol. U., p. 129, transl.) -2. (ii., 2, seqq.) .3. (Compare Froitinus, de ?i A^nria, xiii.)— 4. (Appendix, , •'J ii.) AGRARIiE LEGES. on the authority of Frontinus, supported oy I-iyy,' as evidence of the correcmess of his own divisic n It is obvious, however, on comparing two passa- ges in 'Frontinus (De Re Agraria, xi., xiii.), thai Niebuhr has mistaken the meaning oi the writer, who clearly intends it to be inferred that the saored land was not public land. Besides, if tlie meaning oi' Frontinus was what Niebuiir has supposed it hj be, his authority is not equal to that of Gaius on a matter which specially belongs to the provime of the jurist, and is foreign to that of the agrimensor. The passage of Livy, also, certainly does not prove Niebuhr's assertion. The form of dedition in T-Jvy' may be easily explained. Though the origin of that kind of property called public land must be referred to the earliest ages of the Roman state, it appears from Gaius that tinder the emperors there was still land within the limits of the Empire, the ownership of which was not in the individuals who possessed and enjoyed it, but in tlie populus Romanus or the Ccesar. This posses- sion and enjoyment are distinguished by him frorr. ownership (domimum). The termpossessio frequently occurs in those jurists from whom the Digest was compi'.ed ; but in these writers, as they are known to us, it applies only to private land, and the ager publicus IS hardly, if at all, ever noticed by them. Now this term Possessio, as used in the Digest, means the occupation of piivate land by one who has no kind of right to it ; and this possessio was protected by the prsetor's interdict, even when it was without bona fides or justa causa : but the term Possessio in the Roman historians — Livy, for in- stance — signifies the occupation and enjoyment of public land ; and the true notion of this, the original possessio, contains the whole solution of the ques- tion of the agrarian laws. For this solution we are mainly indebted to Niebuhr and Savigny. This latter kind of possessio, that which has pri- vate land for itS: object, is demonstrated by Savigny • (the term here used can hardly be said to be toe strong) to have arisen from the first kind of pos- sessio: and thus it might readily be supposed that the Roman doctrine of possessio, as applied to the occupation of private land, would throw some light on the nature of that original possessio out of which it grew. In the imperial period, public land had almost ceased to exist in the Italian peninsula, but the subject of possession in private lands had be- come a well-understood branch of Roman jaw. The remarks in the three following paragraphs are from Savigny's valuable work. Das Recht des Be- sitzes.' 1. There were two kinds of land in the Roman state, ager publicus and ager privatus : in the latter alone private property existed. But, conformably i to the old constitution, the greater part of the agei ' publicus was given over to individual citizens to occupy and enjoy; yet the state had the right of re- suming the possession at pleasure. Now we find no mention of any legal form for the protection of the occupier, or possessor as he was called, of such public land against any other individual, though it ', cannot be doubted that such a form actually exist- i ed. But if we assume that the interdict which pro- tected the possession of an individual in -private land was the form which protected the possessor of the public land, two problems are solved at the same time : an historical origin is discovered for possession in private land, and a legal form for the protection of possession in public land. An hypothesis, which so clearl.y connects into one consistent whole facts otherwise incapable of such connexion, must be considered rather a? evolving a latent fact, by placing other known facts in their true relative position, than as involving any independent assumption. Eat there is historica! evi dence in su pport of the l:'-pothesis. 1. (viii., 14.1^9' (i7 380 -3. (5th edit., p. 172.) AGRAKIiE LEGES. AGRARIiE LEGES. 2. The words possessio, possessor, and posddere are Ihu technical terms used by writers of very different ages, to express the occupation and the enjoyment ol' the public lands ; that is, the notion of a right to occupy and enjoy public land was in the early ages oi the Republic distinguished from the right of prop- erty in it. Nothing was so natural as to apply this notion, when once fixed, to the possession of private land as distinct from the ownership; and, accordingly, the same technical tem:is were applied to the possession of private land. Various applica- tions of the word possessio, with reference to pri- vate land, appear in the Roman law, in the bonorum (wssessio of the prsetorian heres and others. But all the uses of the word possessio, as applied to ager privatus, however they may differ in otlier respects, ;igreed in this : they denoted an actual exclusive right to the enjoyment of a thing, without the strict Roman (duiiilarian) ownership. 3. The word possessio, which originally signified the right of the possessor, was in time used to sig- nify the object of the right. Thus ager signified a piece of land, viewed as" an object of Cluiritarian ownership; possessio, apiece of land, in which a man had only a bonitarian or beneficial interest, as, for instance, -Italic land not transferred by mancipatio, or land which from its nature could not be the sub- ject of ttuiritarian ownership, as provincial lands and the old ager publicus. Possessio accordingly implies iisus ; ager implies proprietas or ownership. This explanation of the terms ager and possessio is from a jurist of the imperial times, quoted by Sa- vigny ;' but its value for the purpose of the present inquiry is not on that account the less. The ager publicus, and all the old notions attached to it, as already observed, hardly occur in the extant Roman mrists ; but the name possessio, as applied to pri- vate land, and the legal notions attached to it, are of frequent occurrence. The form of the interdict — uti possidetis — as it appears in the Digest, is this : Uti eas (cA.'s... possidetis. ..vim fieri veto. But the original form of the interdict was : Uti nunc possi- detis eum fmulum, &c. (Festus in Possessio) ; the word fundus, for which ajdes was afterward substi- tuted, appears to indicate an original connexion between the interdict and the ager publicus. "We know nothing of the origin of the Roman public land, except that it was acquired by con- quest, and when so acquired it belonged to the state, that is, to the populus, as the name publicus (populicus) imports. We may suppose that in the early periods of the Roman state, the conquered lands being the property of the populus, might be -njoyed by the members cf that Dody,. in any way that the body might determine. . But it is not quite clear how these conquered lands were originally occupied. The following passage : from Appian" appears to give a probable account of the matter, and one which is not inconsistent with such facts as are otherwise known : "The Romans," he says, " whfn they conquered any part of Italy, seized a portion of the lands, and either built cities in them, or sent Roman colonists to settle in the cities which already existed. Such cities were considered as garrison places. As to the land thus acquired from time to time, they either divided the cultivated part among the colonists, or sold it, or let it to farm. As to the land which had fallen out of cultivation in consequence of war, anA which, indeed, was the laiger part, having no time to allot it, they gave public notice that any one who chose might in the mean time cultivate this land, on payment of part ■ if the yearly, produce, namely, a tenth of the prod- .ice of arable land, and a fifth of the produce of oliveyards and vineyards. A rate was also fixed to be paid by those who pastured cattle on this un- divided land, both for the larger and smaller ani- 1. (Jarolenus TW?. 50, tit. 15. s. 115.1— 9. (BpD Hiv.. i.. 7.) mals. The rich occupied the greater part of tbit undivided land, and at length, feeling confident that they should never be deprived of it, and getting hold of such portions as bordered on iheir shares, and also of the smaller portions in the possession of the poor, some by purchase and others by force, they became the cultivators of extensive districts instead of mere farms. And, in order that their cultivators and shepherds might be free from mili- tary service, they employed slaves instead of free- men ; and they derived great profit from their rapid increase, which was favoured by the immunity of the slaves from military service. In this way the great became very rich, and slaves were numerous all through the country. But this system reduced the numbers of the Italians, who were ground down by poverty, taxes, and military service ; and when- ever they had a respite from these evils, they had nothing to do, the land being occupied by the rich, who also employed slaves instead of freemen." This passage, though it appears to contain much historical truth, leaves the difficulty as to the origi- nal mode of occupation unsettled ; for we can scarcely suppose that there were not some rules prescribed as to the occupation of this undivided land more precise than such a permission or invita- tion for a general scramble. It must, indeed, have happened occasionally, particularly in the later times of the Republic, that public land was occupied, or squatted on (to use a North American phrase), by soldiers or otlier adventurers. But, whatever was the mode in which these lands were occupied, the possessor, when once in possession, was, as we have seen, protected by the prEBtor's interdict. The patron who permitted his client to occupy any part of his possessions as ten- ant at will Vprecario), could eject him at pleasure by the iwterdiclum de precmio ; ior the client did not obtain a possession by such permission of his pa- tron. The patron would, of course, have 'the same remedy against a trespasser. But any individual, however humble, who had a possession, was also protected in it against the aggression of the rich ; and it was " one of the grievances bitterly com- plained of by the Gracchi, and all the pa. s of their age, that while a soldier was serving against the enemy, his powerful neighbour, who coveted his small estate, ejected his wife and children."— (Nieb.) The state could not only grant the occu- pation or possession of its public land, but could sell it, and thus convert public into private land. A remarkable passage in Orosius' shows that pub- lic lands, which had been given to certain religious corporations to possess, were sold in order to raise money for the exigencies of the state. The setting of that land which was possessed, and the circum- stance of the possession having been a grant or public act, are both contained in this passage. The public lands which were occupied by pos- sessors were sometimes called, with reference to such possession, ocOT^oimi; and, with respect to the state, concessi. Public land which became private by sale was called queestmius ; that which is often spoken of as assigned {assignahis) was marked out and divided (limitaim) among all the plebeians in equal lots, and given to them in absolute ownership, or it was assigned to. the persons who were sent out as a colony. Whether the land so granted to t)ie colony should become Roman or not, depended on the nature of the colony. The name ager publicus was given to public lands which were acquired even after the plebs had become one of the estates ifi the Roman Constitution, though the name publicus, in its original sense, could no longer be strictly ap- plicable to such public lands. It should be observ- ed, that after the establishment of the plebs, tht possession of public land was the peciiliar privi- 1. CSiivigTiy, p. 170, i"^fc.) 35 AUKARl^ LEGES. legt (A the pairiciarjj, as before the estiiblishment of t .16 nlebs it seems lo have been the only way in whic) public lands were enjoyed by the populus : the a jsignment, tha: is, the grant by the stale of the owni rsMp of publi:; land in fixed shares, was the privilege of the plebs. In the early ages, when the popi lus was the state, it does not appear that there was any assignment of public lands among them, tho' igh it may be assumed that public lands would occasionally be sold; the mode of enjoyment of pub.ic land was that of possessio, subject, as al- ready observed, to an annual payment to the state. It may be conjectured that this ancient possessio, which we cannot consider as having its origin in anytWng else than the consent of the state, was a good title to the use of the land so long as the an- nual pajrments were made. At any rate, the plebs had no claim upon such ancient possessions. But with the introduction of the plebs as a separate es- tate, and the constant acquisition of new lands by conquest, it would seem that the plebs had as good a title to a share of the newly-conquered lands, as the patricians to the exclusive enjoyment of those lands which had been acquired by conquest before the plebs had become an estate. The determina- tion of what part of newly-conquered lands (arable and vineyards) should remain public, and what part should be assigned to the plebs, which, Niebuhr says, " it need scarcely be observed, was done after the completion of every conquest," ought to have been an effectual way of settling all disputes be- tween the patricians and plebs as to the possessions of the former; for such an appropriation, if it were actually made, could have no other meaning than that the patricians were to have as good title to pos- sess their share as the plebs to the ownership of their assigned portions. The plebs, at least, could never fairly claim an assignment of public land, appropriated to remain such, at the time when they received the share of the conquered lands to which they were entitled. But the fact is, that we have no evidence at all as to such division between lands appropriated to remain public and lands assigned in ownersliip, as Niebuhr assumes. All that we know is, tliat the patricians possessed large tracts of public land, and that the plebs from time to time claimed and enforced a division of part of them. In such a condition of affairs, many difficult ques-- tions might arise ; and it is quite as possible to con- ceive that the claims of the plebs might in some cases be as unjust and ill-fotmded as the conduct of the patricians was alleged to be rapacious in ex- tending their possessions. It is also easy to con- ceive that, in the course of time, owing to sales of possessions, family settlements, and other causes, boundaries had often become so confused that the equitable adjustment of rights under an agrarian law was impossible; and this is a difficulty which Appian' particularly mentions. Pasture-lands, it appears, were not the subject of assignment, and were probably possessed by the pa- tricians and the plebs indifferently. The property of the Roman people consisted of many things besides land. The conquest of a ter- ritory, unless special terms were granted to the con- quered, seems to have Implied the acquisition by the Roman state of the conquered territory and all that it Contained. Thus no'; only would land be acquired, which was available for com, vineyards, and pas- ture, but mines, roads, rivers, harbours, and, as a consequence, tolls and duties. If a Roman colony was sent oilt to occupy a conquered territory or town, a part of the conquered lands was assigned to the colonists in complete ownership. (Vid. Co- LONiA.) The remainder, it appears, was lefl or re- stored to the inhabitants. Not that we are to un- derstand that they had the property in the land as 36 1 i!., 10, 18.) AGRARI.a2 LEGES. they had before; but it appears that they were sul> ject to a tax, the nroduce of which belonged tc the Roman people. Niebuhr seems to suppose tnat the Roman state might at any time resume such re- stored lands; and, no doubt, the right of resumption was involved in the tenure by .which these lands were held; but it may be doubted if the resumption of such lands was ever resorted to except in extra- ordinary cases, and except as to conquered .ands which were the public lands of the conquered state. Private persons, who were permitted to retain their lands subject to the payment of a tax, were not the possessors to whom the agrarian laws applied. In many cases, large tracts of land were absolutely seized, their owners having perished in battle or been driven away, and extensive districts, either not cultivated at all or very imperfectly cultivated, he- came the property of the state. Such lands as were unoccupied couldf become the subject of possessio; and the possessor would in all cases, and in what- ever manner he obtained the land, be liable to a payment to the state, as above mentioned in the ex- tract from Appian. This possessio was a real in- terest, for it was the subject of sale : it was the use (jisas) of the land ; but it was not the ager or prop- erty. The possessio strictly could not pass by l£e testament of the possessor, at least notby the man- cipatio.' It is not easy, therefore, to imagine any mode by which the possession of the heres was pro- tected, unless there was a legal form, such as Savig- ny has assumed to exist for the general protection of possessiones in the public lands. The possessor of public land never acquired the ownership by virtue of his possession ; it was not subject to usucapion. The ownership of the land which belonged to the state could only be acquired by the grant of the ownership, or by purchase from the state. The state could at any time, according to strict right, sell that land which was only pos- sessed, or assign it to another than the possessor. The possession was, in fact, with respect to the state, a precarium; and we may suppose that the lands so held would at first receive few permanent improvements. In course of time, and particularly when the possessors had been undisturbed for many years, possession would appear, in an equitable point of view, to have become equivalent to owner- ship ; and the hardship of removing the possessors by 'an agrarian law would appear file greater, aftei the state had long acquiesced in their use and occu- pation of the public land. In order to form a correct judgment of some of those enactments which are most frequently, cited as agrarian laws; it must be borne in mind that the possessors of public lands owed a yearly tenth, ol fifth, as; the case might be, to the state. Indeed, it is clear,'from several passages,'! that, under the Re- public at least, the receipt of anything by the state from the occupier of land was a legal proof that the land was public; and conversely, public land- al- ways owed this annual payment. These annual payments were, it seems, often withheld by the pos- sessors, and thus the state was deprived of a fund for the expenses of war. The object of the agrarian law of Sp. Cassius is supposed by Niebuhr to have been " that the por- tion of the populus in the public lands should be set apart; that the rest should be divided among the plebeians; that the tithe should again be levied, and applied to paying the army." The agrarian law p|^ Licinius Stolo limited each individual's possessiofii of public land to 500 jugera, and imposed some other restrictions; but the possessor had no better title to the 500 jugera which the law left him than he formerly had to what the law took from him. The surplus land, according to the provisions of the law, was to be divided among the plebeians. 1. (Gaius. ii., 102.)— C Ji" Ttii., 13i AGEARI^ LEGES. agrarIjE leges. The Licinian law not effecting its object, T. S. Gracchus revived the measure tor limiting the pos- session ol' public land to 500 jugera. 'I'he argu- ments of ttie possessors against this measure, as they are statecl by Appian,' are such as might rea- :ioiiably be urged ; bui. he adds that Gracchus pro- posed to give to each possessor, by way of compen- sation for improvements made on the public land, ibe full ownership of 500 jugera, and half that quan- tity to each of his sons, if he had any. If it is true, as Appian states, that the law of Gracchus forbade the rich from purchasing any of the lands which might be allotted to the plebeians by his agrarian law, this part.of the measure was as unjust as it was impolitic. The lands which the Roman peo- ple had acquired in the Italian peninsula by con- quest were greatly reduced in amount by the laws of Gracchus and by sale. Confiscations in the civil wars, and conquests abroad, were indeed continu- illy increasing the public lands; but these lands were allotted to the soldiers and the numerous col- onists to whom the state was continually giving lands (see the list in Frontinus, De Colonus ILalid). The system of colonization which prevailed during the Republic was continued under the emperors, and considerable tracts of Italian land were dispo- ned of in tliis manner by Augustus and his , suc- cessors. Vespasian assigned lands in Samnium to his soldiers, and grants of Italian lands are men- tioned by subsequent emperors, though we may in- fei: that, at the close of the second century of our asra, there was little public land left in the peninsu- la. Vespasian sold part of the public lands called suiseciva, a term which expressed such parts as had not been assigned, when the other parts of the same tiistrict had been measured and distributedw Domi- tian, according to Aggenus, gave the remainder of iuch lands all through Italy to the possessors. The conquests beyond the limits of Italy furnished the emperors with the means of rewarding the veterans iiy grants of land ; and in this way the institutions of Rome were planted on a foreign soil. But, accord- ing to Gains, property in the land was not acquired by such grant ; the ownership was still in the state, and the provincial landholder had only the posses- sio. If this be true, as against the Roman people or the CsBsar, his interest in the land was one that might be resumed at i any time, according to the strict rules of law, though it is easily conceived that such foreign possessions would daily acquire strength, and could not safely be dealt with as pos- sessions had been in Italy by the various agrarian laws which had convulsed the Roman state. This assertion of the right of the populus Romanus and of the emperors might be no wrong "inflicted on provincial land-owners by the Roman jurispru- dence," as Niebuhr affirms. This same writer alscj observes, that Frontinus speaks of the " arva fniilica, in the provinces, in contradistinction to the agri privati there ;" but this he does not. This contradistinction is made by his commentator Ag- genus, who, as he himself says, only conjectures the meaning of Frontinus ; and, as we think, he has not discovered it." The ta;c paid by the holders of ager niivatus in the provinces was the only thing which distinguished the beneficial interest in such land from Italic land, and might be, in legal effect, a recogni- tion of liii ownership according to Roman law. And this was Savigny s earlier opinion with respect to the tax paid by provincial lands ; he considered such lax due to the Roman people, as the sovereign ot ultimate owner of the lands. His later opinion, B3 expressed in the Zeilschrifl far Geschichllicke Rechtswissensckaft,' is, that under the Caesars a uni- form system of direct taxation was established in the provmces, to which all provincial land was inbject; but land in Italy was free from this tax, 1. (BeJl. Civ.,i., 10.)— 2. (Frontinus, de Re Agraria.)— 3. (vol. . p. 95i 1 ana a provincial town could only acquire the like freedom by receiving the privilege expressed by the term jus italicum. The complete solution of the question here imder discussion could only be ef- liscted by ascertaining the origin and real nature of this provincial land-tax ; and as it may be difficult, if not impossible, to ascertain such facts, we must endeavour to give a probable solution. Now it is consistent with Roman notions that all conquered land should be considered as the property of thts Roman state; and it is certain that such land, though assigned to individuals, did not by that cir- cumstance alone become invested with all the characters of Roman land which was private prop- erty. It had not the privilege of the jus Italicum, and, consequently, could not be the object of tluiri- tarian owiiership, with its incidents of mancipatio, &c. All land in the provinces, including even that of the libers civitates, and the ager publicus prop- erly so called, could only become an object of Cluiritarian ownership by having conferred upon it the privilege of Italic land, by which it was also released from the payment of the tax. It is clear that there might be and was ager privatus, or pri- vate property, in provincial land ; but this land had not the privileges of Italic land, unless such privr ilege was expressly given to it, and, accordingly, it paid a tax. As the notions of landed property in all countries seem to suppose a complete ownership residing in some person, and as the provincial land- owner, whose lands had not the privilege of the jus Italicum, had not that kind of ownership which, according to the notions of Roman law, was com- plete ownership, it is difficult to conceive, that the ultimate ownership of provincial lands (with the exception of those of the liberas civitates) eoulJ reside anywhere else than in the pc pulus Romanus, and, after the establishment of the imperial power, in, the populus Romanus or the Caesar. . This ques- tion is, however, one of some difficulty, and v/eli deserves farther examination. It may be doubted, however, if Gaius means to, say that there could be no Q,uirilarian ownership of private land in the provinces ; at least this would not be the case in those districts to which the jus Italicum was ex- tended. The case of the Recentoric lands, which is quoted by Niebuhr,' may be explained. The land here spoken ol' was land in Sicily. One ob- ject of the measure of Rullus was to exact certain extraordinary payments (yectigal) from the public lands, that is, from the possessors of them ; but he excepted the Recentoric lands from, the operation of his measure. If this is private land, Cicero argues, the exception is unnecessary. The argu- ment, of course, assumes that there was or might b? private land in Sicily; that is,, there was or might be land which would not be affected by this part of the measure of Rullus. Now the opposition of public and private land in this passage certainly proves, what can easily be proved without it, that mdividuals in the provinces owned land as individ- uals did in Italy ; and such land might with pro- priety be called privatus, as contrasted with that called publiotis in the provinces: in fact, it would not be easy to have found anothe t name for it. But we know that ager privatus in the provinces, unless it had received the jus Italicum, was not the same thing as ager privatus in Italy, though both were private property. Such a passage, then, leads to no necessary conclusion that the ultimate owner- ship or dominion of this private land was not in the Roman people. It may be as well here to remarK farther, that any conclusions as to Roman law, de- rived solely from the orations of Cicero, are to b* received with caution ; first, because on several occasions (in the Pro Ctecina for instance) he states that to be law which was not, for the purpose of 1 (Cic, <• "nil., i.. 4 > AtiKllVlJiNSUKKS. uiauitainiug his argument ; and, secondly, because it was a subject on which his knowledge was prob- ablv not very exact. It only remains briefly to notice the condition of the public land with respect to the t'ractus, or vecti- ?al, which be'ongeil to the state. This, as already observed, was generally a tenth, and hence the ager publicus was sometimes called decumanus ; it was also sometimes called ager vectigalis. The tithes were generally farmed by the publicani, who paid their rent mostly in money, but sometimes in grain. The letting was managed by the censors, and the lease was for five years. 1'he form, however, of leasing the tenths was that of a sale, niancipatw. In course of time, the word locaiio was applied to these leases. The phrase used by the Roman writers was originally frucbm locaiio, which was the proper expression ; but we find the phrase agrwm fruenium locare also used in the same sense, an expression which might appear somewhat ambiguous ; and even agrwm locare, which might mean the leasing of the public lands, and not of the tenths due from the possessors of them. It is, however, made clear by Niebuhr, that in some instances, at least, the phrase agi-umi locare does mean the leasing of the tenths ; whether this was always the meaning of the phrase, it is not possible to affirm. Though the term ager vectigalis originally ex- pressed the public land, of which the tithe was leased, it afterward came to signify lands which were leased by the state or by different corpora- tions. This latter description would comprehend even the ager publicus ; but this kind of public property was gradually reduced to a small amount ; dnd^ we find the term ager vectigalis, in the later period, applied to the lands of towns which were so leased that the lessee, or those who derived their iithe from him, could not be ejected so long as they paid the vectigal. This is the ager vectigalis of tlie Digest,' on the model of which was formed the emphyteusis, or ager emphyteuticarius. ( Vid,. Em- phyteusis.) The rights of the lessee of the ager vectigalis were different from those of a possessor of the old ager publicus, though the ager vectigalis was derived from, and was only a new form of) the ager publicus. Though he had. only a JMS i% re, and though he is distinguished from the owner (domimis), yet he was considered as having the possession of the land. He had, also, a right of action against the town, if he was ejected from his land, provided he had always paid his vectigal.' AGRAU'LIA (aypavXia) was a festival celebra- ted by the Athenians in honour of Agraulos, the daughter of Cecrops. We possess no particulars respecting the time or mode of its celebration ; but it was, perhaps, connected with the solemn oath, which all Athenians, when they arrived at man- hood {ifriSoi), where obliged to take in the temple of Agraulos, that they would fight for their coun- try, and always observe its laws.' Agraulos was also honoured with a festival in Cyprus, in the month Aphrodisius, at which human victims were offered.* AG'RETAI (ayphai), the name of nine maidens, who were chosen every year, in the Island of Cos, as priestesses of Athena (Minerva). AGRIA'NIA (uypiavia) was, according to He- sychius, a festival celebrated at Argos, in memory of a deceased person, and was, probably, the same as the festival called Agrania. The Agriania was iilso celebrated at Thebes, with solemn sports. AGRIMENSO'RES, or " land-surveyors," a col- 1. (vi., tit. 3.) — ^2. (Niebuhr, Rom. Hist.— Savigiiy,daa Recht les Besitzes, 5th ed. — Cicero, c. Ruli. ; and the other authori- f.ies already referred to in the course of the article.) — 3. (Ly- nui^., c. Leocr., c. 18, p. 189. — Demosth., de Legat., c. 84, p. <38.— Plut., Alcib., c. 15.— StobKUs, Serm., ili., 141.— SchB- mnnn, de Comit. Athea., p. 331. — ^Wachsrauth, HeUen. Alterth., i., i., p. 252.)— 4. (Poipliyr., de Abstin. ab Anim., i., 2.) 38 AGrlI^^E^s(;RES. lege established under the Koman emperors. Lilfe the jurisconsults, they had regular schoolSj_^antl were paid handsome salaries by the state. Iheii business was to measure unassigned lands for the state, and ordinary lands for the proprietors, and to fix and maintain boundaries. Their writings -^c the subject of their art were very numerous ; and we have still scientific treatises on the law of boundaries, such as those by Frontinus and Hygi- nus. They were sometimes vested with judicial ; power, and were called spectabiks and clmissimi in the time of Theodosius and Valentinian. As par- titioners of land, the agrimensores were the success- ors of the augurs, and the mode of their limitatia was derived from the old augurial method of form- ing the templum. The word templum, like the Greet TSfievo;, simply means a division ; its application to signify the vault of the heavens was due to the facl that the directions were always ascertained accord- ing to the true cardinal points. At the inauguration of a king' or consul,^ the augur looked towards the east, and the person to be inaugurated towards the south. Now, in a case like this, the person to be , inaugurated was considered the chief, and the di- rection in which he looked was the main direction. Thus we fibd that in the case of land-surveying the augur looked to the south :'■' for the gods were sup- posed to be in the north, and the augur was con- sidered as looking in the same manner in which the gods looked upon the earth.* Hence tlie main line in land-surveying was drawn from north to south, and was called canto, as corresponding tc the axis of the world ; the line which cut it was termed decumanus, because it made the figure of r. cross, like the numeral X. These two lines were produced to the extremity of the ground which was to be laid out, and parallel to these were drawn other lines, according to the size of the quadrangle required. The limits of these divisions were indi- cated by balks, called limiies, which were left aa high roads, the ground for them being deducted from the land to be divided. As every sixth was wider than the others, the square bordering upon this would lose pro tamlo. The opposition of via and Zimes in this rectangular division of property has not been sufficiently attended to by scholars. It appears that, if the line from north to south was called li-mes, that from east to west would be named via, and vice versa. Virgil was, as is well known, very accurate in his use of words, and we may en- tirely depend on inferences drawn from his lan- guage. First, he uses limes in its stricter sense as a term of land-surveying : " Aiiie Jovem rniiMi subigebant arva coloni, Nee signare quidem, aut partiri limite campi/ni Fas erat."' Again, in speaking of planting vines in regulat rows, he says : " Omnis in unguem Arbcrribus positis secto via limite guadret ;"' i. e., " let every via be exactly perpendicular to the limes which it cuts." He says quadrei, for the term via might be used in speaking of a line which cat another obliquely, as it is used in the description of the ecliptic, in Virgil : " Via secta per ambas, Obliqwus qua se sigTurrum verteret ordo."'' These passages are sufficient to prove that via and limes are used in opposition to one another. The following authorities will show that via meaua the principal or high road ; and liines, a narrower cross road, where roads are spoken of. In the fii?t place, the Twelve Tables laid down that the via. should be eight feet wide when straight, but twelve 1. (Lit., i., 18.)— 2. (Dionys., ii., 5.)— 3. (VaiTO, ap. Froii . tin., p. 215.) — 4. (Festus, s. V. Sinistra!.)- 5. (Georff., i., 126 > - 6. (Georg., ii., 278.)— 7. (Goorg., i., 238.1 AGROSTla. feet at the turning ; and it is expressly distinguished bv Festus from *,he iter of two feet wide, and the actus of four feet wide. Secondly, in Livy' we have " inl/ra earn {portam) extrarjue tala sunt VM, el extra limes," &c., " eo limite," &c. ; and in the same author," " transversis Umitiius in viam Latinam est egressus ■" and Tacitus^ says, " P/:r Hmitem vim spargwntinr ftsli'iiaiio'/is coiiscctaiidi victi/res." When land was not divided, it was called arcifinius, or ardfi'iiaiis! the ager puMicus belonged to this class. The reader will find two very valuable articles on the UmiUaiio and the Agrimeiisores in the Appen- dices to Niebuhr's Roman History, vol. ii. *AGRIMO'NIA, the herb Agrimmiy, called also Eupatorium (^Ei-aaToowv), from its having been dis- covered by Mithradates Eupator.* AGRIO'NIA (aypiuvia), a festival which was celebrated at Orchomenus, in Boeotia, in honour of Dionysus, surnamed 'AjpiuvLog. It appears from Plutarch' that this festival was solemnized only by women and priests of Dionysus. It consisted of a kind of game, in which the women for a long time icted as if seeking Dionysus, and at last called out .0 one another that he had escaped to the Muses, and had concealed himself with them. After this they prepared a repast ; and having enjoyed it, amased themselves with solving riddles. This fes- tival was remarkable for a feature which proves its great" antiquity. Some virgins, who were descend- ed from the Minyans, and who probably used to assemble around the temple on the occasion, fled, and were followed by the priest armed with a sword, who was allowed to kill the one whom he first caught. This sacrifice of a human being, though ariginally it must have formed a regular part of the festival, seems to have been avoided in later times. One instance, however, occurred in the days of Plutarch.' But, as the priest who had killed the woman was afterward attacked by disease, and several extraordinary accidents occurred to the Mmyans, the priest and his family were deprived of their officia'. power. The festival is said to have been derived from the daughters of Minyas, who, after having for a long time resisted the Bacchana- lian fury, were at length seized by an invincible desire of eating human flesh. They therefore cast lots on their own children, and as Hippasus, son of Leucippe, became the destined victim, they killed and ate him, whence the women belonging to that race were at the time of Plutarch .still called the destroyers (o^eiai, or aio?i.alai), and the men mourners {^vMov), a plant, the same with the Fcnccihint/m (YlevxiSavov), our "Hogs- fennel," or " Sulphur-worJ.'" AGRON'OMI (uypovo/ioi) are described by Aris- totle as the country police, whose duties correspond- ed in most respects to those of the astjmomi in the city.' They appear to have performed nearly the same duties cis the hylori {iXupoi). Aristotle does not inform us in what stale they existed ; but, from the frequent mention of them by Plato, it appears probable that they belonged to Attica.'" »AGROST'IS laypuarig), a plant. Schneider and Sprengel remark, that nearly all the commentators Eigree in referring it to the Triticum repens, L., or Ci luch-grass. Stackhouse, however, is conteiit with simply marking the uypaan; of Theophrastus as the Agrostia. The brief description of the uypaaric kv rC) TlapvafTiTii, given by Dioscorides, would seem to point to the Parnassia pahistris, or " Grass of Par- nassus."" 1. (xxii., 24.)— 2. (xxii., 12.)— 3. rllist., iii., 2i.)—i. (Dios- nor.iv., 41.— Pliii., II.'N., XXV., 6.)— 5. (QuKSt. Rom.,.102.)— 6. (Qnsst. GnEC, 38.) — 7. (Miiller, Die Minyeii, }i. 165, seqq.) —8. (Apnl., de Herli., c. 95.— Theophra-st., H. P., ii., 14.— Dins- por., iii., 8S.)— 9. (Polit., vi., 5.)— 10. (Platn, Legg., vi., 9.— Timiei Lexicon, and Rul.nken's note, in which several passages are quoted tVon. Plalo '.— 11 (Dioscoi-., i\ 30, 32.— Theophrast., H. P, 1.6. sci.n.l AiGElKU». ' APPOT'EFAS eX'SIA {aypoTepa^ Svata), a festi val celebrated every year at Athens in honour oi Artemis, surnamed Agrotera (from aypa, chase). It was solemnized, according to Plutarch,' pn the sixth of the month of BoedromiODj and consisted in a sacrifice of 500 goats, which continued to be ofler- ed in the time of Xenophon." Its origin is thus re- lated: When the Persians invaded Attica, Callim- achus the polemarch, or, according to others, Mil- tiades, made a vow to sacrifice to Artemis Agioie- ra as many goats as there should be enemies slain at Marathon. But when the number of enemies slain was so great that an equal number of goats could not be found at once, the Athenians decreed that 500 should be sacrificed every year. This is the statement made by Xeuophon ; but other ancient authors give diflferent versions. -Elian, whose ac- count, however, seems least probable, states' the time of the festival to have been the sixth of Thargelion, and the number of goats yearly sacrificed 300. The scholiast on Aristophanes* relates that the Athenians, before the battle, promised to sacrifice to Artemis one ox for every enemy slain ; but when the num- ber of oxen could not be procured, they substituted an equal number of goats. AGRUP'NIS {aypvnvk), a nocturnal festival cele- brated at Arbela, in Sicily, in honour of Dionysus.' AGUR'MOS (ayvpfioi). {Vid. Er-EtismiA.) AGUIl'TAI (^ayvprai,), mendicant priests, who were accustomed to travel through the different towns of Greece, soliciting alms for the gods whom they served. These priests carried, either on their shoulders or on beasts of burden, images of their respective deities. They appear to have been of Oriental origin, and were chiefly comiected with the worship of Isis,° Opis, and Arge,' and especially of the great mother of the gods; whence they were called firjTpayvpTai. They were, generally speaking, persons of the lowest and most abandoned characlei . They undertook to inflict some grievous bodily in- jury on the enemy of any individual who paid them for such services, and also promised, for a small sum of money, to obtain forgiveness from the gods whom they served for any sins which either the in- dividual himself or his ancestors had committed." Thus ffidipus calls Tiresias, 66Xuv uyvpTTjv.^ These mendicant priests came into Italy, but at what time is uncertain, together with the worship of the gods whom they served.'" The name of uyvprai was also applied to those individuals who pretended to tell people's fortune.; by means of lots. This was done in various ways, The lots frequently consisted of single verses taken from well-known poems, which were thrown into an urn, whence they were drawn either by the persons wh'j w-ished. to learn their fortunes or by boys. It was also usual to write the verses on a tablet," and those who consulted them found out the verses which foretold their destinies by throwing dice. AIAKEl'A (Aiu«£ja), a festival of the iEginetans in honour of ^acus, the details of which are not known. The victor in the games which were sol- emnized on the occasion, consecrated his chaplei in the magnificent temple of jEacus."' AIANTEI'A (\mi'rem). a festival solemnized in Salamis in honour of Ajax, of which no particulars are known.'^ *AIGEIROS {alympog), without doubt the Popu- lus nigra, or Black Poplar.'* 1. (De Mali^i. Herod., 26.)— 2. (Xenoph., Anal)., iii., 2, ( 12.)— 3. (V. H., ii., 15.)— 4. (Equit., 666.)— 5. (.Vid. Ilesych., s. V.)— 0. (Suid., sul) 'Aytipci.)- i. (Ilorod., iv., 35.)— 8. (Ruhn Icen ad Timiei Lex. Plat., sub aytipovaav and ^jruywyaf.) — 9. (Soph., CEd. Tyr., 387.)— 10. (Cic, de Legg., ii., J6.— Heindor^ inHor., Serin.,1., ii.,2.) — 11. {ayv prLKd^ mva\, or ay vpTiKjjaaviS') —12. (Miiller, iEsiuetica, ]i. 140.)— 13. (Vtd. Hesych., s. t.)— 14. (Dioamr., i., 109.— Theoph'-ast.. II P.. i.. 8: ii., 1 Ac.) AIKIAS DIKE. •AIGIIH'ALOS {alyidalo;), a species of bird. Aristotle applies this term to the genus Parusj of vsrhich he describes the following species : 1. The Bmi^TriQ, which is the Paiiis major, L., the Great Titmouse or Ox-eye. 2. The opcwoc, which would seem to correspond to the Parus caudalus, L., or Long-tailed Titmouse. 3. The ilaxLaroc, which an- swers to the Parus carukus, H,., or Blue Titmouse.' *AIG'ILOPS {alyiXa-^), a plant about which there has been great divfersity of opinion. Robert Ste- phens and most of the older commentators contend that it is the Avena, sterilis, or FoUe avoine of the French. Matthiolus rejects this opinion, and holds it to be an herb called CoquAela in French, which grows in fields of barley. Dodonasus, Sibthorp, Staekhouse, and Sprenge'l agree in referring it to the ASgilops mata. Theophrastus farther applies the name to a species of Oak, which Staekhouse makes to be the Quercus Mg'di^s.' . *AIG'IPY110S {alymvpoi), Buckwheat. Spren- gel mentions that the learned Anguillara believed it to be the Ononis AnMguorwm, or Rest-harrow ; he himself, however, in the second edition of his " Rd Herbaria Historia" inclines to a species of Eryn- gium All this, however, is merely conjectural.' *AIGOTHE'LAS (aiyod/ila;), the Goat-sucker, a bird of the genus Caprimtdgns. It applies more es- pecially to the species called Fern-owl in England, to which Professor Rennie gives the scientific name of Nt/ctichelidon Ewopcsus* *AIGY'PIOS (aiyvTTw;). .(Elian describes it as being a bird intermediate between the Eagle and the Vulture." Gesner decides that it is the same as the yvTraUrof and the Vullur niger of Pliny ; and Schnei- der suggests that it probably was the VuUnr percnop- Urus, or Alpine eagle. {Vid. Gyps.)' »AIGO'LIOS {alyuXto^), a bird of the rapacious tribe, briefly noticed by Aristotle.' It is rendered Ulula by Gaza, but cannot be satisfactorily deter- mined. (Vid. .Glaux.)* .4IKIAS AIKH (aUiat dUr;), an action brought at Athens before the court of the Forty lot reTTapu- KovTa), against any individual who had struck a citizen of the state. Any citizen who had been thus insulted might proceed in two ways against the offending party, either by the aldag SiKrj, which was a private action, or by the vipsu^ •ypafij, which was looked upon in the light of a public prosecution, since the state was considered to be wronged in an i ijury done to any citizen. It appears to have been a principle of the Athenian law, to give an individual who had been injured more than one mode of ob- taining redress.' It was necessary to prove two facts in bringing the a'lKlac ScKri before the Forty. First, That the defendant had struck the plaintiff with the intention of insulting hira {iii' Mpn), which, however, was always presumed to have been the Intention, unless the defendant could prove that he only struck the plaintiff in joke. Thus Ariston, after proving that he had been struck by Conon, tells the judges that Conon will attempt to show that he had only struck him in play.'" Secondly, It was necessary to prove that the defendant struck the plaintiff first, and did not merely return the blows which had been given by the plaintiff {ap^eiv x^i-pov dSinav, or merely ti'iKuv apx^i'V)''^ In this action, the sum of money to be paid by the defendant as damages was not fixed by 'the laws; but the plaintiff assessed the amount ae- ■"iording to the injury which he thought he had re- !. (Ar'.rtot, H. A.,ix., 16— Adams, Append., s. v.) — 2. (Dios- eor., iv , 137.— rTheophra.st., H. P., iv., 16. — Adams, Append.^ i.v.)—i. (Ilieoont., Id., iv., 25.— Theopteast., H. P., ii., 8.— Adamy, Append., s. T.)— 4. (JSlian, N. A., iii., 39.)— 5. (N. A., II., 46.)-*. (Adams, Append., s. v.)— 7. (H. A., vi., 6.)— 8. (Adurv >-,yend.j s. v.)--0. (Demosth., adv. Androt., c. 8, p. 601 -V . (Demosth., adv. Conon., c. 5, p. 1261.)— 11. (Demosth., •dv ff-o.-g., c 3, p 1141: -, 11. IJ. 1151.) 40 AIMATITES. reived, and the judges detcmiined on the justice ot AIKLON (iuKlov, aUlov, or uIkvov, aUvov)," is said by Polemo' to be a Doric word ; its derivatives, i tTvaiKTM and /leaaMiai, were used only by the Do- rians. Modern writers differ greatly respectmg its meanin" ; but, from an examination of the passages in which it occurs, it appears to be used in two sen- ses • I A meal in general. Thus Alcraan uses amn- ixXiai for awcht'^.via* ' II. The chief dish or course in a meal. The dessert or after-course was called emU/clov.^ The HCkXov among the Spartans Was composed of the contributions which every one who came to the public banquets {(jieidiTLa) was bound to bring, and consisted chiefly of pork and black broth, > or blood-broth ditla^ ^a/ioc, aliidna), with the addi- ' tion of cheese and figs; sometimes, but rarely, they received contributions of fish, hares, and poultry. ■' The kiraiKlov, or dessert, which varied the plain- ness of the meal, consisted of voluntary gifts to llie table. The richer citizens sent maize bread, fowls,- hares, lambs, and other dishes, cooked in a superior manner, a part of a sacrifice, or the fraits of the season, while others contributed the proceeds of the chase. It was the custom, when one of these pres- ents was helped round, to name the person who sent it.' Sometimes they procured a good dessert by imposing penalties on each other, or by giving the place of honour at the table to him who con--: tributed the best dish.' The contributions' were eaten as they were sent; or, if their flavour was not approved, they were made up afresh into a savoury mess called a piaTTvri. Boys were allowed an tn&'iK- Tmv consisting of barley meal kneaded with oil,t and baked in laurel leaves.' AirlNH'TQN EOP'TH {AlyivriTuv ioprri), a fes- tival of the .Eginetans in honour of PoseiJqn, which lasted sixteen days, during whiclj time eveiy family took its meals quietly and alone, no slave being al- lowed to wait, and no stranger invited to partake of them. From the circumstance of each family being closely confined to itself, those who solemnized this festival were called /lovofdyoi. Plutarch' traces its origin to the Trojan war, and says that, as many of the JSginetans had lost their lives, partly in the siege of Troy and partly on their return home, those who reached their native island were received indeed with joy by their kinsmen ; but, in order to avoid hurting the feelings of those families who had to lament the loss of their friends, they thought it proper neither to show their joy nor to offer any sacriiioes in pub- lic. Every family, therefore, entertained privately their friends who had returned, and acted the.mselve.s as attendants, though not without rejoicings. •AITHUI'A (aWvia), the Mergu.i of the Latins, the modem Cormorant. As there are several spe- cies of this genus, it is difficult to say, in general, to which of them the ancient name is most applicable. The Pelicwmis cnrbo is a common species.'" »AIX (aif). I. (Vid. Teagos.) — II. The name of a bird briefly noticed by Aristotle." Belon con- jectures that it was the Lapwing, namely, the Fa- neUus Cristatus." ♦AILOU'ROS (al?Mvpec), the Felis Calm, f r WiM Cat. Some apply the name kottti^ to the DomGotic Cat." (Fid. Felts.) * AIMATI'THS (alfiuTCTric), the well-known stono called Bloodstone. (Vid. Hjematitls.) 1. (Demosth., adv. Conon. — Isocrates, adv. Locliit.— Meier, Att Process, p. 547. — BQckh, Public Econ. of Athens, vol. ii., p. 101. transl.)— 2. (Eustath. in II., xviii., 345.)— 3. (AthenffiUs, p. 140, c.) — 4. (AthenffiUB, p. 140, c. — See also Epicharmus and Alcman inAthenEBUB, p. 139, 5, and p. 140, c.) — 5, (Polemo in Athen.,' ' p. 140, c.)— 6. (Polemo in Athen., p. 139, c.)— 7. (Athen., p. 140,, /.) — 8, {Miiller, Dorians, iii., x., 7,; iv., iii., 3. — Waclismuth,* , Hellen. Alterthmn., II., ii., p. 24.)— 9. (Qiisest. tJrac., 44 )- '■ 10. (Aristot., H. A., v., 8.— JElian, N. A., iv., 5.)— 11. (H. A. viii., 3.)— 12. (Adams, Append., s. v.)— 13. (Aristot,, H. .1., »« 2. — Suid., s. V. Kiirrvt: et aiKoytvM' — ^Toup in Suid., I G -A« ams. Append., s. v. aXKmmoG.'i AIORA. ALABASTER. * AlMOPPOrS (^ai/toppovc), {-ot(, or -of), a spe- cies of Serpent. The celebrated Paul Hermann told' Dr. Mead that he had found in Africa a ser- pent, the poison of which was immediately follow- ed by hsemorrhages from all the pores of the body, and which he concluded to be the same as the Hasmorrhus of antiquity. It should also be re- marked, that the effects produced by the poison of the Coluber wens of India are said to be very simi- lar to those of the Hsemorrhus as described by the anaents.' *AIRA {alpa), a plant, the same with the Loliam tarmiZmtum, L., or Darnel. It may be confidently pronounced to be the " infelix lolium" of Virgil ; and that it is the (i^avla of Scripture was first suggest- ed by Isidorus, an opinion which has been espoused, without acknowledgment, by Henry Stephens, and by Dr. Campbell of Aberdeen, and other Biblical commentators. It farther deserves to be mention- ed, that the translators of, the works of the Arabian medical authors render the alpa of the Greeks by zizanien." AISUMNE'TES (alavuv^Tij;), an individual who was sometimes invested with unlimited power in the Greek states. His power, according to Aris- totle, partook in some degree of the nature both of kingly and tyrannical authority, since he was ap- pointed legally, and did not usurp the government, but, at the same time, was not bound by any laws in his public administration.' Hence Theophras- tus* calls the office repavvlg alperri. It was not hereditary, nor was it held for life ; but it only con- tinued for a certain time, or till some object was accomplished. Thus we read that the inhabitants of Mytilene appointed Pittacus aiav/ivtiTiic, in order to prevent the return of Alca3us and the other ex- iles.* Dionysius compares it with the dictatorship at Ron\e. In some states, such as Cyme and Chaf- Bedon. it I7as the title borne by the regular magis- irateS.' AIO'RA, or EO'RA. {alapa, iapa), a festival at Ath- ens, accompanied by sacrifices and banquets, whence it is sometimes called evSeirn'og. The common ac- rounVof its origin is as follows: Icarius was killed fay shepherds to whom he had given wine, and who, being unacquainted with the effects of this bever- age, fancied, in their intoxication, that he had given [hem poison. Erigone, his daughter, guided by a faithful dog, discovered the corpse of her father, whom she had sought a long time in vain; and, praying to the gods that all Athenian maidens might perish in the same manner, hung herself. Ailer this occurrence, many Athenian women ac- tually hung themselves, apparently without any motive whatever; and when the oracle was con- sulted respecting it, the answer was, that Icarius and Erigone must be propitiated by a festival.' According to the Etnjmotogicum Magniim, the festi- val was celebrated in honour of Erigone, daughter rf iEgisthus and Glytemnestra, who came to Ath- ens to bring the charge of matricide against Orestes before the Areopagus; and, when he was acquitted, liung herself, with the same wish as the daughter Df Icarius, and with the same consequences. Ac- cording to Hesychius, the festival was celebrated in commemoration of tho tyrant Temaleus, but no reason is assigned. Eustathius' calls the maiden who hung herself Acora. But, as the festival is also called 'A^^r/f (apparently from the wander- ings of Erigone, the daughter of Icarius), the legend which was first mentioned seems to be the most en- titled to belief. Pollux' mentions' a song made by I. (Nicand., Ther, 282.- Adams, Append., s. v.)— 2. (Theo- phrast., H. P., i., 5 — Diosc-or., ii., 122.— Matth., xiii., ,25.— Ad- ams, Append., s. v.) — 3. (Polit., iv., S, ^ 2.) — 4. (Apud Dionys. !IaUc.-,v., 73.)— 5. (Theophl'ast. ap. Dionys. Halic, v., 73.) — 6. (WaGhsmnth, Hellen. AJerthum., I"., i., p. 200. — ^Hermann, Pol. Antiq. of Greece, t) 63)— 7. (Hyffiii , Poet. Astron., ii., 4.) — 8. (in II., iii , p 3S9. -9 :iv., 7. « 55,) F Theodoras of Colophonj which persons used to sing while swinging themselves {h rail alupaic)- It is therefore probable that the Athenian maidens, in remembrance of Erigone "and the other Athenian women who had hung themselves, swung them- selves during this festival, at the same time singing the above-mentioned song of Theodoms.' ALABAS'TER, the name usually given by art- ists and antiquaries to that variety of marble which mineralogists callgijpsum. Alabasster is sometimes described as of two kinds; but this is an error, as one of the substances so called is a carbonate of lime, and therefore • not alabaster in tho ?omraon acceptation of the term ; while the other, the real alabaster or gypsum, is a sulphate of lime. Alabas- ter (gypsum) is translucent or semi-transparent, and is usually of a white — a yellowish white — and green- , ish colour, though sometinies strong brown tints and spots appear in it. When-the varieties of colo"r occur in the same stone, and. are disposed in ba_^s or horizontal strata, it is often called onyx alabas- ter; and when dispersed irregularly, as if in clouds, it is in like manner distinguished as agate alabas- ter. These varieties in the colour are alluded to by Pliny: " CaTulore interstincto variis coloribus."' Though much softer than other marbles, and on that account ill adapted for sculpture on a large scale, it is capable of being worked to a very fine surface, and of receiving a polish. Alabaster has been Supposed to derive its name originally from Alabastron, a town of Egypt, where there was a manufactory of vessels made of a stone which was found in the neighbouring mountains. Pliny' speaks of alabastrites, using that term for the various kinds of this marble, as well as onyx, prob- ably from the texture being somewhat different from that of the Greek, Sicilian, and Italian marh fes, which he was more accustomed to see, and which were commonly used by sculptors, and from which he thus desired to distinguish it. He observes that it was chiefly procured in his time from Altbas- tron and Damascus.* Alabaster, both in its form of carbonate oi lime and gypsrmi (for, from the confusion that exists in the description of some monuments of antiquity, it becomes necessary to advert to both varieties under that denomination), was employed very extensively by the ancients. It was much used by the Egyp- tians for different sorts of vases, rilievi, omgments, covers of sarcophagi, canopies, aiid sculpture in general ; but, from the absence of any remains of sculpture in that material, it may be assumed that alabaster (gypsum) was little, if ever, used by the artists of ancient Greece and Italy for statues, ri- lievi, or busts. Vessels or pots used for containing perfumes, or, rather, ointments, were often called by the ancients alabasbra or alabastri. It appears, from the account of Pliny, that these pots were usually made of the onyx alabaster, which was considered to be better adapted than any other stone for the preservation 61 perfumes." Martial says cosmis redoleni iddbastra,^ and Horace appears to allude to the same vessels in his invitation to Virgil.' The term seems to have been employed to denote vessels appropriated to these uses, even when they were not made of the material from which it is supposed they originally received their name. Theocritus thus speaks of golden alabastra (XP^'^ei' aXuSaarpa'). These vessels were of a ta- pering shape, and very often had a long narrow neck, which was sealed; so that when Marj', the sister of .Lazarus, is said by St. Mark' to break the alabaster-box of ointment for the purpose of anoint- ing our Saviour, it appears probabje that she onl? broke the extremity of the neclc, .vhich was thus 1. {Vil. etiam Athen., liv., p. 618.)- S. (H. K., txTri., 18 xxxvii,, 54.)— 3. (H. tl.,xxxyi., 12.)- -4 (II. N, vicTTiL. J4. —a. (H. N,, xiii., 3; xxxvi., 12.)— 6. (xi., viji., 9.)— 7. (Can» iT., Iii., 7.)— 8. (Idy].,xv., 114.)— 'J. (liv., 3.) 41 ALCK. Jiosed. The aiabastron mentioned by the Evange- lists was, according to EDiphanius, a ineasure, which contained i iiarrig, or one norulri (16 47 cubic inch- es, or .48 pints). ALABASTRI'TES. (Fid. Alab.ister.) ALAIA {oKala) is the name of the games which ■were annually celebrated at the festival of Minerva, sumamed Alea, near Tegea, in the neighbourhood rf the magnificent temple of the same goddess.' ALA'RII were the troops of the allies in the Ro- iian anny, and were so called because they were B5uall; stationed in the wings {Ma'). The alarii consisted both of horse ana loot soldiers, and were commanded by prsefeci, in the same manner as the legions were commanded by tribtini.^ The cavalry of the allies was called eqidCes tUani, to distinguish them from the cavalry of t)i i legions (equiies legio- ■iw.rii*'); and the infantry was called cohortes alaria,^ to distinguish them from the cohorles Ugionarice. *ALAU'DA {nopvio^, Kopv&aXog, and Kopiiov), the Lark. Aristotle describes two species of this bird, the one of which is evidently the Aiauda cris- lata, L., or Crested Lark : the other the Aiauda cam- pestris, or Field Lark. The former is the Galerita of Pliny, and is clearly the species alluded to by Aristophanes in his Aves.' ALBUM is defined to be a tablet of any material on which the praetor's edicts, and the mles relating to actions and interdicts, were written. The tablet was put up in a public place, in order that all the world might have notice of its contents. Accord- ing to some authorities, the album was so called, riecause it was either a white material or a mate- rial whitened, and, of course, the writing would be a different cjlour. According to other authorities, it was so c.Jlsd because the writing was in white letters. If any person wilfully altered or erased {cormpW) aiiything in the album, he was liable to an action albi corni/pti, and to a heavy penalty.' Probably the word album originally meant any tablet containing anything of a public nature. Thus, Cicero informs us that the Annales Maximi were written on the album by the pontifex maximus.' But, however this may be, it was, in course of time, used to signify n list of any public body; thus we find the expression album senatoriii/m, used by Taci- tus,' to express the list of senators, and correspond- ing to the word leucoma used by Dion Cassius.'" The phrase albwm decuriowmn signifies the list of decurioiies whoie names were entered on the al- bum of a municipium, in the order prescribed by the lex mtmicipalis, so far as the provisions of the lex extended." ALBUS GALE'RUS, or ALBOGALE'RUS, a white cap worn by the flamen dialis at Rome." Ac- cording to Festus (s. v."), it was made of the skin of a white victim sacrificed to Jupiter, and had an olive twig inserted in the top. Its supposed form, as derived from coins, and from a bas-relief on a Roman temple, is that of a cap fitted closely to the head, and tied under the chin." {Vid. Apex.) ALGATHOr,\ {oknaBoia) is the name of games celebrated at Megara, in commemoration of the hero Alcathous, son of Pelops, who had killed a lion which had destroyed Euippus, son of King Megareus." ♦AL'CE or ALOES" (in Greek 'klKri), the name of an animal described by Caesar and other ancient writers, and the same with the modem Elk or Moose Deer. "It was the opinion of Buffon, that the Euro- 1. (Paus., viii.,47, « 3.)— 2. (Liv., x., 43; xxxi., 21.— Cass., Bell. Gall., i., 61.— Cincius, ap. Cell., ivi., 4.)— 3. (Cass., Bell. Gall , i., 39.— Suet., Octav., 38.— Plin., Ep.,x., 19.)— 4. (Liv., niv., 5; xl.. 40.)-5. (Cajs., Boll. Civ., i., 73, 83; ii., 18.)— 8. (Aristot., H. A., ix., 19.— Aristoph., Av., 472.)— 7. (Dig. 2, tit. J, a. 79.)— 8. (De Oral., ii., 12.)— 9. (Ann., iv., 42.)— 10. (Iv., 3.)— 11. (Dig. 50, tit. 3.)— 12. (Vario, ap. GeU., x., 16.)— 13. ;Oausffii, Mu.s. Rom. — Sigoniu.^, (]e Num. Rom., 5. — Hope, Cos- tumes, ii., 2ti6.) — 14. (Find., Isthin., viii., 148. — Paus., i., 42, ^ 1 )— 15 (Salmas. aj .Solin., W.) 42 ALEA. pean Elk was not known to the Greeks, coi Ic-CI il appear to have been noticed by Aristot.*. I hat i; was, however, the 'KXkti of i'ausanias, the Alcfl of CiEsar and Pliny, the Elch Of the Celts, and the jElg or Elg of the northern jiuropeans, there can be little doubt. Pausanias describes it as being "between a stag and a camel;'" and though ths accounts of Caisar' and Pliny' are minsled with fa- ble, and the former states that his Akes are " mw. tils comidits" (which might arise from the accounts of those who had seen tl/e animal at the period when the horns had exfoliated), the genera) de- scription and the localities given by both are al- most conclusive as to the animal meant to be des., ignated. The " latrum superius p-tegrande," "hugel upper lip," of Pliny is very expressive, and the ex- traordinary development of this part might well re- call to a ct'.sual observer the general traits of the head of a camel. Whether it was the l7milao<; . (Mppelap/ius) of Aristotle, is a question which wUI admit of much discussion. {Vid. j:iippEL.»PHus.)- The movements of the Elk are rMher heavy, and, the shoulders being higher than tlie croup, it can never gallop, but shufiies or ambles along, its joints cracking at every step, with a sound heard te some distance. Increasing its speed, the hind fee straddle to avoid treading on its fore heels, and it tosses the head and shoulders like a horse about to break from a trot to a gallop. It does not leap, but steps without effort over a fallen tree, a gate, or a split fence. During its progress, it holds the nose up, so as to lay the homs horizontally back. This attitude prevents its seeing the ground distinctly; and, as the weight is carried very T.igh upon the ele-, , vated legs, it is said sometimes to trip by tread-.- ; ing on its fore heels, or otherwise, gnd occasionally to give itself a heavy fill. It is probably owing to this occurrence thr.t the Elk was believed by the;, ; ancients to have frequent attacks of epilepsy, and to be obliged to smell its hoof before it could recov-- er ; hence the Teutonic name of Blend (" niisera-* ble"), and the reputation especialli' of the fore hooM as a specific against the dfcease." '« ♦AL'CEA (JikKia or alKa'ia), most probably the Malva aicea, or Vervain Mallow.* ♦ALCE'DO.- (Firf. Halcyon.) *ALC1BIAD'IUM ('AXicifiiutSjoi), a species oj Anchusa. (Fid. Anchusa.) ♦ALCY'ONE. {Vid. Halcyon.) ALEA, gaming, or playing at a game of chance , of any kind. Hence dleo, aleator, a gamester, a gambler. Playing with tali, or lesserce, was general- ly imderstood, because this was by far the most com- mon game of chance among the Romans. Gaming was forbidden by the Roman laws, both during the times of the Republic and under the em- perors." Hence Plorace, alluding to the progress of effeminate and licentious manners, says that boys of rank, instead of riding and hunting, now showed their skill in playing with the hoop, or even at games of chance, although they were illegal (vetita legibus alea'). Gaming was also condemned by public opinion. " In his gregibus," savs Cicero, " omnes aleatores, onmies adulteri, omnes impun iiii^ pudicique vcrsantur."'' To detect and punish ex- cesses of this description belonged to the office of the aediles.' Games of chance were, however, tolerated in fit month of December at the Saturnalia, which waa a period of general relaxation;' and among Ihe Greeks, as well as the Romans, old men were al- lowed to amuse themselves in this manner." The following line of Publius Syns shows tha' 1. (ix., 21.)— 2. (Bell. Gall., vi., 26.)— 3. (H. N., viii., 16.) 4. (Dioscor., iii., 154.)— 5. (Cic, Philip., ii., 23.— Cod. 3, tit. 43.1 — fi. (Carm. iii., 24.)— 7. (in Cat., ii., 10.)— 8. (Martial, xiv., 1.1 —9. (Martial, iv., 14.— Gellius, xviii., 13.)— 10 (Eurip., MfeA Q7. — Cic, Senect., 16. — Juv,, xiv., 4.) ALIUA. ALIMENT AKIl tUh.Ki. proiessed ftdmester. made a regular study o) ttieir art: •'• Alealar, qiuo/nio in arte est melior, tatvto Tiequio ," Ovid alludes to those who wrote treatises on the • iibject : " S-unt aliis scriptce, quibus cUea Viiditw, artes."^ These were the Hoyles of ancient times, among whom we find no less a personage than the Emperor Claudius himself: " Aleam studiosissiTne lusit, de cur- fiis arte librum quoque emisit."' The Emperors Au- gustus and Domitian were also fond of gaming." Alea sometimes denotes the implement used in playing, as in the phrase jacta alea est, " the die is cast," uttered by Julius Ceesar immediately before he crossed the Rubicon;* and it is often used for chance, or uncertainty in general.' *ALEK'TOR (,u?.€KTup), the Cock. (Vid. G.tL- LU».J ALEKTRUOMANTEI'A { i.XcKTpvo/iavrda ), a mode of divination practised by the Greeks. The let- ters of the alphabet were written in a circle ; a grain of wheat or barley was laid upon each letter ; and a cock, consecrated or provided for the occasion, was placed within the circle. The required information was obtained by putting together those letters off which t'le cock picked the grains of corn. To ob- tain a fuller answer, they laid grains of com upon the letters a second time, and repeated the process. . AAEKTPTO'NBN AFflN, or AAEKTPTONO- MAX'IA ^uXeKTpvovuv uyuv, or u?,£icTpvovofiaxla), a public cockfight, which was held every year in one of the theatres of Athens. Cockfights, in general, were exceedingly common among the Greeks and Romans ; but the origin of this one in particular, which was sanctioned by the laws of thj state, is not known ; for the account of its origin given by jElian' is too absurd and improbable to deserve credit. He says that, when Themistocles marched with his Athenians against the Persians, he saw two cocks fighting against each other, and took the opportunity of addressing his soldiers, and remind- ing them that these cocks were neither fighting for their country nor for the gods, but only for victory, &c. This speech is said to have greatly animated the courage of the Athenians ; and, after the war, they commemorated the event which had proved so useful to them by the annual festival in the the- atre. ALEIPTE'RION. {Vid. Aliptje.) *AL'GA, a general name given by the Latin writers to all aquatic plants, which, living in the waters, are accustomed to be thrown up on tlie banks of rivers or the shores of the sea. Such, in the case of fresh water, are the Confervas, the Potamogetons, the NaVades, &c. ; and in that of the salt water, the deltris of marine plantSj and especially the Fucus.'' The term l3piov is applied to the sea-algae by Theo- phrastus." ALTCA (oA,tf, x"i'^P°c)} I- -A- kind of grain re- sembling spelt, which was also called zea.' IL A broth, soup, or porridge made out of this grain, and very highly esteemed by the Romans. PUny states that it was a Roman invention, and that, in his opin- ion, it was not in use till after the time of Pompey the Great. '■' The Greeks had a somewhat similar preparation, which they called rmaavri. Alica was procured from the neighbourhood of Verona and Pisa, and other parts of Italy, and from Egypt. The best came from Campania; that from Egypt was very inferior. It was prepared by first bruising the grain in a wooden mortar to separate the husks, and then pounding it a second and third time to break it 1 (Triat., ii., 471.)— 2. (Suet., Claud.. 33.)— 3. (Suet., Aug., TO, 71.— Dom., 21.)^. (Suet., Jul., 32.)— 5. (Hor., Carm. ii., I ,C. — Vano, de Re R*ist., i., 18. — Colum., i., Prief. — Cic, Div., u., 15.)— 6. (V. H., ii., 28.)— 7. (F6e, Flore de Virgile, p. lii.) —8. (H.P.,iT.,6.)— 9. (PUn.,H.N.,iTiii.,7,10.)— 10. (PUu.,H. N., xzii., 29, 61.) into smaller pieces. The different qualities if alica made by each of these processes were called re- spectively grandissima or aphcercma (cKJiaipc/ia), se- cundaria, and minima. In order to make tbe alica white and tender, it was mixed with cha) k irom the hills between Naples and PuteoU.' It wis used as a medicine, for which purpose it was eiuer soaked in water mixed with honey (mead, aqua mulsa); o/ boiled down into a broth, or into porridge. Pliny gives a full account of the mode of preparing ani! administering it, and of the diseases in which it wai employed." A spurious kind of alica was made from the infe- rior spelt (zea) of Africa, the ears of which were broader and blacker, and the straw shorter, than in the Italian plant. Pliny mentions also another spu- rious kind of alica, which was made from wheat.' Another sort of alica was made from the juice of the plantain.* AL'IMA, or AA'IMOS TPOO'H (uAi/ja, or uXifio,. Tpo^fi), (from a, negative, and }i,i/i6c, " hunger"), a refreshment used by Epimenides, Pythagoras, and other philosophers. Plato states, in Ms Dialogue on Laws, that the i/lt/ja of Epimenides was composed of mallows and asphodel. Suidas explains it as a plant which grew near the sea (probably the sea- leek), which was the chief ingredient in the fup/ia- Kov 'Etn/ieviSiov, and was thought to promote long life. Hesychius interprets (j^diSeAor by u~/u/io{. Pliny states that some said that nlimon was called asphodelos by Hesiod, w-hich he tliinks an error ; but that the name aiimon was applied by some to a dense white shrub, without thorns, the leates of which resembled those of the olive, but were Hofter. and were used for food ; and by others to a potherb which grew by the sea, "whence," says Pliny, "its name," contbunding uki/iu^, from o and ^i/ioi, with aXi/iog frorri uAf.' The name appears generally to signify a medicinal preparation of equal weighls of several herbs, pounded and made into a paste with honey. A similar preparation for quenching thirst (udiTpoQ rpopj) was used by Pythagoras. ALIMENTA'RII PUERI ET PUELL.S;. In the Roman republicj^he poorer citizens were assist- ed by public distributions of com, oil, and money, which were called amgiaria. These distributions were not made at stated periods, nor to any but grown-up inhabitants of Rome. The Emperor Ner- va was the first who extended them to children, and Trajan appointed them to be made every month, both to oqihans and to the children of poor parents. These children were called piiwi elpuellce alimentarii, and also (from the emperor) jntm puetticque Ulpiani ; and the officers who administered the institution were called qucestores pecuniee alimcntarim, q'uasiorei alimentorum, procuratores alimentorum, or prafectt alimentorwm. The fragments of an interesting record of an iii stitution of this kind by Trajan have been found ai Velleia, near Placentia, from which we learn the sums which were thus distributed. The money was raised in this case by lending out a sum on interest at five per cent., from the treasury of the town, on the security of lands and houses, A simi- lar institution was founded by the younger Pliny ai Comnm.' Trajan's benevolent plans were carriet" on upon a larger scale by Hadrian and the Anlu- nines. Under Commodus and Pertinax the distri- bution ceased. In the reign of Alexander Severas, we again meet with alimentarii pueri and pnellEe, who were called Mammaani, in honour of the em- peror's mother. We learn, from a decree of Hsi/- drian,' that boys enjoyed the benefits of this insti- tution up to their eighteenth, and girls up lo theii 1. (Plir., II. N., xviii., 11, 29.)— 2. (H. N. xxii , 24, E' ■ 25, 61, 66 ; xxvi., 7, 18 ; xxviii., 17, 67.)— 3. (I). N., itviii., IJ, 29.)— 4. (Plin., II. N., xxvi., 8, 28.)— 5 (Plin., H. N., xxii., 59. 33.) — 6. (Plin., Epist.,vii., 18; i., 8; and the incci-iptioa il Orelli, 1172.)— 7. (Ulp., in Dig. 34, tit. 1, s. 14.) 43 ALLIUM. ALOE. 'ourteenth year; and, from an inscription,' that a boy four years and seven months old received nine times the ordinary monthly distribution of com.^ ALIP'T^ (aAeiirrai), among the Greeks, were persons who anointed the bodies of the athletas preparatoiy to their entering the palasstra. The chief object of this anointing was to close the pores of the body, in order to prevent much perspiration, and the weakness consequent thereon. To effect this obj 3Ct, the oil was not simply spread over the ao-face of the body, but also well rubbed into the kkin." The oil was mixed with fine African sand, several jars ftQl of which were found in the baths of Titus, and one of these is now in the British Museum. This preparatory anointing was called ij napaaic£va(TTLKii rpific- The athleta was again anointed after the contest, in order to restore the tone of the strained muscles : this anointing was called 71 dTToBepaireui. He then bathed, and had the oust, sweat, and oil scraped off his body, by means of an instrument similar to the strigil of the Romans, and called a~^eyyig, and afterward ^varpa. The aliptEB took advantage of the knowledge they necessarily acquired of the state of the muscles of the athletas, and their general strength or weakness of body, to advise them as to their exercises and mode of life. They were thus a kind of medical trainers, iaTpaXetivTai* Sometimes they even su- perintended their exercises, as in the case of Mile- sias." Among the Romans, the aliptEe were slaves, who scrubbed and anointed their masters in the baths. They, too, like the Greek aXelnTai, appear to have attended to their masters' constitution and mode of life.' They were also called unctores. They used in their operations a kind of scraper called strigil, towels Qintea), a cruise of oil (guttus), which was usuaLj -■'.'■ bo-r., t. bottie (md. Ampulla), and a tmall vtsbd. caLei ie?iiicidc. (Fiei. Baths.) The apartment in the Greek palasstra where the anointing was performed was called uXsmr^piov ; that in the Roman baths was called michuirium. •ALIS'MA, an aquatic herb, supposed to be the same with the Water Plantain. Pliny speaks of it as an antidote against certain venomous creatures, and also against the bite of a rabid dog. For this he is not so much to be blamed, since even some modem practitioners have recommended it as anti- hydrophobic. Sprengel makes the Alisma of which Pliny speaks the A. Parnassifolium ; this species, however, has never been found in Greece. Sibthorp is more correct in designating it the A. planiago.'' *ALL'IUM (anopoSov), Garlic. There seems no reason to doubt that the cKopoSov of Theophras- ViX^ and Dioscorides is the AUium sativum, manured Garlic, although Stackhouse prefers the A. scoro- dnp-rasum. R. Stephens suggests that the wild Gar- lic should be called afpooKopodov, and not biptoaico- podov. Pliny informs us that garlic was much used among the Italian rustics as a medicine." Galen also speaks of it as such.' Among the Athenians it was a great favourite as an article of food, and seems to have been sold at the same shops with bread and wine." Fighting-cocks ware also fed upon it, to make them more pugnacious.'^ Great prophylactic virtues were formerly ascribed to this plant, and, among other active properties, that, in particular, of neutralizing the venom of serpents." 1. (rahretti, 435,819.)— 2. (AureL Vict., Epit. lii., 4.— Capi- icilnus, Ant. Pi., 8.-1(1., M. Aur., 86.— Id., Pert., 9.— Spart., llail., •?.— Lamprid., Sev. Alfijt., 57.— F. A. Wolf, " Von einer •nililen Rtiftang Trajans.") — 3. (Plutarch, de Tuenda Sanitate, n. 15, p 30'J, Ta-ioh.)— 4. {Celsus, i., 1.— Plin., H. N., xxix., 1, S.) — 5. (Pindar, Olyinp. viii., 54-71, and BtSckh's note.) — 6. tCicero, Ep. Fam., i., 9, 35. — Seneca, Ep. 56. — Juvenal, Sat >ii , 7(! ; vi., 422 )— 7. (Plin., H. N., xxv., 10.— F6e, in Plin., 1. c. ■— Spren^cI, IT R. H., i., 171. — Adams, Append., s. v. Sauatru- Knv)— 8. (H N., xix., 6.)— 9. (Meth. Med., xii., 18.) — 10. *Iit;hell, in Anstnpli., Achani., 150 (174).) — 11. (Aristoph E'i., 493.) —12. (jEmil. Ma..er, as cited bv Fie.) 44 So diversified, indted, were its charatteristics, iha! i it need excite no surprise to find it adored on ths one hand, along -with the othe)- species of aUiwm,; by the people of Egypt, and banisi^ed on the other from the tables of the delicate at Rome. Hoi ace assign-s it as fit food only for reapers ;' it was, tiowever, a great favourite also with the Roman soldiei s and sail- ors." The inhabitants of the southern countiies of Europe, who often experience^ the need of exciting the digestive powers of the stomach, hold garlic ir. much higher estimation, on this account, thaa those of more northern regions. Theophrastus makes the AUium cypiium the largest in size of the several species of this plant.^ ALLU'VIO. " That," says Gaius,* " appears to be added to our land by alluvio, which a river adds to our land {ager) so gradually that we cannot esti- mate how much is added in each moment of time; or, as it is commonly expressed, it is that which is added so gradually as to escape observation. But if a river (at once) takes away a part of your land, and brings it to mine, this part still remains your property." There is the same definition by Gaius in his Res Colidiana,^ with this addition: "If the . part thus suddenly taken away should adhere for a considerable time to my land, and the trees on such part should drive their roots into my land, from ' that time such part appears to belong to my land." The acquisitio per aUuvionem was considered by the Roman jurists to be by the jus gentium, in the Roman sense of that term. According to a constitution of the Emperor Antoninus Pius, there was no jus alluvionis in the case of a.gri Iimitati.° drcumluvio differs from , alluvio in this, that the whole of the land in ques- tion is surrounded by water, and subject to itn action. Cicero' enumerates the jura allmimiiaii and circumluviormm, as matters included under thu head of cai«« centumvirales, The doctrine of alluvio, as stated by Braclon in < the chapter De acquireiido Rsrum Dffininio,' is taken from the Digest,' and is in several passages a copy , of the words of Gaius, as cited in the Digest. *AL'NUS {KXr/Bpa"), the Alder. The wood of , this tree, which is lighter than that of many others, was first employed, according to the poets, for the ; purposes of navigation." It was also much uiied among the Romans for water-pipes," and is still ranked among the best materials, next to metal, for these, and for under-ground purposes generally. The alder is an inhabitant of swamps and meadows in all Europe, the north of Africa and Asia, and North America. Virgil is not consistent with himself as regards the name of this tree. In his sixth Eclogue" , he makes the sisters of Phaethon to have been , changed into alders ; but in the jEneid" he gives the poplar, as Ovid does." The species of aldei most common in Greece is the Alnus obloneata. Wild. * ' *AL'OE, the Aloe, or Aloes-tree. Neither Hip- pocrates nor Theophrastus notices this plant, but Dioscorides, on the other hand, describes two kinds of it." He says it is mostly brought from India, but that the plant grows in Arabia and the maritime parts of Asia. The story related by. some writers, . that Aristotle recommended the aloe to Alexandei ■ as one of the most valuable products of Socotora, appears unworthy of belief, and yet it probably was the Socotorine aloe with which the ancients were most familiar. Pee thinks that the African aloe was unknown to the Greeks and Romans, but that I. (Epod. iii., 4.)— 2. (Plaut., Pmn., v., 5, 54.— Ariunph., Aoham., 1. c.)— 3. (Theophrast., H. P., vii., 4.— Diosoor., ii., 181.)-4. (n., 70, seqq.)- 5. (Dig. 40, tit. 1, s. 7.)-S, (Dig. 40, tit. 1, s. 16.)— 7. (DeOrat.,i.,38.)— 8. (fol. 9.)— 9. (41. tit"], s. il.'r'?; (Theophrast., H. P., i., 4; iii., 3.— Horn., Odyss , v. 64.)— 11. (F(5e, Flore de Virg-ile, p. xiv)~12. (Plm , H N. ^/i ^^■^~il <"■ "^-J-M. (X., 190.)-15. (Mel , i,„ sin. sum.i — 18. (ill., 22 ) ALYSSON. AMARUNTHIA. a. species quite rare at the present day Q' aloes luci- de, ou en lannes") was one of the kinds employed 'oy them.' Aloes, 'hough still much used in medi- cine, are prescribed in very few of the cases men- tioned by Pliny.= Accordir.s; to Ainslie, however, the inhabitants of India still use them with great SQCcess in affeitions of the eyes. Olaiis Celsius' derives the word aloe from the Arabic aUoek Pliny mentions a mineral substance called aloe, which is the same with the bitumen of Judaea, and which was eaiployed in Egypt in embalming bodies.* ALO'A (liAiia or u?Ma), an Attic festival, but cele- brated principally at EleusiS, in honour of Demeter and Dionysus, the inventors of the plough and pro- tectors ot'the fruits ux the earth. It took place every year after the harvest was over, and only fruits were offered on this occasion, partly as a grateful acknowledgment for the benefits the hus- bandman had received, aild partly that the next harvest might be plentiful. We learn from Demos- ihenes* that it was unlawful to offer any bloody sacriiice on the day of tliis festival, aiid that the priests alone had the privilege to offer the fruits. The festival was also called ■S-aXvam,^ or avyKo/iia- T-fjpLa. AAOnOT rPA$H {uloyiuv ypcfij), an action which might be brought before the logistae {Xoyia- Tai), at Athens, against all ambassadors who neg- lected to pass their accounts when their term of office expired.' *ALOPE'CIAS; a species of fish, called by Pliny the Sea-fox ( VuVpes Tnarina''), and the same, proba- bly, with the Faiyshark of modern naturalists.' The name comes from the Greek alCm-n^, " a fox." *ALO'PECIS {dXujrcKi'f,) a species of vine pro- ducing clusters of grapes resemblifag the tail of a fox. It is now extinct." ♦ALOPECU'RUS (aXuiTriKaiipoi), a plant, which Sprengel suggests may be the Saccharum cfUndri- wtt, and Stackhouse the PUeum criniMm, Fl. Irtec, or Hairy Cat's-tail grass. Its spike is de- eribed. by Theophrastus as being " soft, downy, i Mok, and. like the tails of foxes.""- This agrees drell with the spike of the Aiopecwriis, L., or Foxtail j,'»ass." The name comes from oAtJin/f, " a fOX," Ki^A oipd, " a tail." "ALO'PEX. IVid. YvLfKs.) *AL'SINE (u?.cTivii), an herb, which Sprengel, in hi^ History of Botany, recognises as the Stellaria nemfrwm, or Wood Stitchwort ; but, in his notes to DioKeorides, he expresses himself doubtfully con- cerning it. Schneider is undecided whether the d/t,(7i!»7)0f Theophrastus be the same as that of Di- oscoiiiUGS." ALTA'RE. Crid.AnK.) •ALTER'CTJM, the Arabiau (?) name, according to Pliny, of the Hyoscyamus.'* ♦ALUM, a plant. (Vid. SYMPnyTON.) •ALU'MEN. (Fid. Stypteria.) *ALY'PON (aXvTTov), an herb, supposed to be the same with that which produced Turbit.. . Sprengel and Sibthorp mark it as the Cflobidaria ahjpum}^ *AL'SSS'ON (JiMiaaov), a plants The akvaaov of Galen and Paulus ^gineta is the McmaMum alys- sum, vulgarly called. Galen's Madwort. That of Dioscorides is a very different plant, and cannot be very satisfactorily determined. Sprengel hesitates whether to refer it, with Dodonseus, to the Parsetia clypeata, or, with Columna, to the Veronica arvensis, or montana, L., our Speedwell." 1. (in Plin., H. N., xivii., 4, p. 294.)— 2. (H. N., xxvii., 4.) — 3. (i., 136.)— 4. (F6e, in Plin., I. c.)— 5. (o. Neier., p. 1385.) 8. (Hesych., s. v.) — ^7. (Suid. — Hesych. — Meier. Att. Process, p. 363;)— 8. (Plin., H. N., ix., 43.)— 9. (Adams, Append., s. v.) —10. (F^e, in Plin., H. N., xiv.,3.)— 11. (Theophrast., H. P., rii., Itt)— 12. (Adams, Append., s. V.)— 13. (Theophrast., H. P., il., 13.— Dioscor., iv., 87.)— 14. (Plin., H. N., xxv., 4.— Com- pu«, however, Scribon., Larg. compos., 181.)'— 15. (Adams, Ap^ Mnd.. I. T.)— 16. (Dioscor.. iii , 95.^Adams, Append., s. T.) ■ ALUTA. (Firf. Calceos.) ALU'TAI ((iAi!?-ai), persons whose business rt was to keep order in the public games. They re- ceived their orders from an MvTapxrii, who was himself under the direction of the agonotheta), oi hellani)dicsB. Tl 3y are only fouiid at Oly mpia j in other places, the same office was discharged hy ihe. HaaTLyo^bpot. • *ALPHESTES (oX^jjffr^f), a species of Han, the same with the Cynedus of Pliny. It is the Lahrw cyned/us, L., in French Catmde. Accordilig to Ron- dolet, it is about a foot long, and its flesh is easy of digestign. In the Diet, of Nat. Hist., the Alphest is described as being a sniall fish, having a purnle back and belly, with yellow sides.' AMANUENSIS, or AD MANUM SERVUS, a slave or freedman, whose office it was to write letters a,nd other things under his master's direction. The amanuensis must not be confounded with an- other sort of slaves, also called ad manum semi, who were always kept ready to be employed in any busi- ness." *AMAR'ACUS {a/idpaKoi), a plant. Dioscorides and the scholiast on Nicander^ state that the Amara- cus is the saine as the Sampsnchus {a&fifvxov) ; and yet Galen and Paulus .Egineta treat of them separately. Matthidlus seems to think it highly probable that it is the common Marjoram, but Ihe late commentators are much at variance about it. Thus Sprengel, in the first edition of his R. H. H., marks it as the Origarmm ma/rjoranoides, but in the second, according to Schneider, he is disposed to re- fer the dfiupaicoc x^^P^i "f Theophrastus to the Hyaciwlhus Comosus. Stackhouse prefers the On/- gaimm, Mgyptiacum, and Dierbach the Teucrium Manah, at Mastich. Upon' reference to the Coin- mentary of Matthiolus on the p-apav of Dioscoriden,* it will be seen that this last opinion had been, for- merly entertained, and it would appear to be a very plausible one.' •AMARANTH'US {ap/ipavToO, the Amaranth, or Never-fading, as its name indicates, from a, priv., and /xapaivij," to wither." According to Pliny,' the amaranth appears in the month of August, and lasts until autumn. That of Alexandrea was thtf most eSte.eme4. , What the same writer, however, states, that the flowers of the amaranth bloom anew on being plunged into water, js not very exact. As the flowers are of a very dry kind, they have not much humidity to lose, and therefore may be pre- served merely for a long time. The description which Pliny gives of his Amarantlms, which is also that of Theophrastus, points at once to the Cefcsis cristata, a plant originally from Asia, but cultivate •. in Italy a long time before Pliny's day. Bauhin b« • lieves that this plant is to be found in Theophrastus under the name of 0;iof, which Theodore Gaza translates byflamma. The u/jdpavTO( of Dioscorides' is another plant, probably the Gnapludium Steec/ias of Linnaeus. The ancieiits, far less advanced than the modems in the art of manufacturing stuffs, were unable, as Pliny informs us, to imitate the softness of the aniararith. The modems, however, have succeeded in this, and have even surpassed, in the fabrication of their velvet, the beautiful downy sur- face of this flower. The common name of die plant, theieSbie, passe-veloii/rs, given to it when the art of fabricating stuffs was yet in its infancy, suits no longer, and the Italian appellation, fiar di veOitti) (" velvet-flower"), is much more applicable.' _ AMARUNTHIA or AMARU'SIA (u/iapvveia oi d/j.apvaia), a festival of Artemis Amarynthia,' or ^m- arysia, celebrated, as it seems, originally at Ama. 1. (Adams, Append., s. v.)— 2. (Suet., Jul., 74; Ootav., 6' Ner., 44; Tit., 3; Vesp., 3.— Cic, De Orat., iii., 60,225.— Pir nori, De SerVis, 109.)— 3. (Tber., 503.)^4. (iii., 42.)— 5. (Ad- ams, Append., s. T.)--6. (H. N., xxi., 8.) — 7. (vi., 6.) — 8. (it- 57.)— 0. (F6e, m Plin., 1. c.) ^ ^ 45 AMBITUS lynthns, in Euboea, -with extra jrdinary splendour; but it was also solemnized in several places in Atti- ca, such as Athmone ;' and the Athenians held a fes- tival, as Pausania,s says, in honour of the same god- dess, in no way less brilliant than that in Eubosa.' The festival in Eubcea was distinguished for its splendid processions; and Strabo himself^ seems to have seen, in the temple of Artemis Amarynthia, a column on which was recorded the splendour with which the Eretrians at one time celebrated this fes- tival. The inscription stated that the procession was formed of three thousand heavy-armed men, "iix hundred horsemen, and sixty chariots.* AMBARVA'LIA. (Vid. Arvales Fratres.) *AMBER. (Vid. ELEOTRU.M.) AMBILUj'TRIUM. (Fjo!. Lustrum.) AM'BITUS, which literally signifies " a going about," cannot, perhaps, be more nearly expressed than by our word canvassing. After the plebs had formed a distinct class at-Rome, and when the whole body of the citizens had become very greatly increased, we frequently read, in the Roman writers, of the great efforts which it was necessary for can- didates to make in order to secure the votes of the citizens. At Rome, as in every community into which the element of popular election enters, solici- tation of votes, and open or secret influence and bribery, were among the means by which a candi- date secured his election to the offices of state. Whatever may be the authority of the piece en- titled " Q,. Ciceronis de Petitione Consulatus ad M. TuUium Fratrem," it seems to present a pretty fair Sicture of those arts and means by which a candi- ate might lawfully endeavour to secure the votes of the electors, and also some intimation of those means which were not lawful, and which it was the object of various enactments to repress. As the terms which relate to the canvassing , for public places often occur in the Roman writers, it may be convenient to mention the principal among them hsre. A candidate was called petitor, and his opponent, With reference to him, competitor. A candidate (caadidatiis) was so called from his appearing in the public places, such as the fora and Campus Mar- tins, before his fellow-citizens, in a whitened toga. On such occasions, the candidate was attended by his friends {deductores), or followed by the poorer citizens {sectatores), who could in no other manner show their good-will or give their assistance." The word assiduitas expressed both' the continual pres- ence of the candidate at Rome, and his continual solicitations. The candidate, in going his rounds or taking his walk, was accompanied by a nomevr- dalor, who gave him the names of such persons as he might meet ; the candidate was thus enabled to address them by their name, an indirect compliment which could not fail to be generally gratifying to the electors. The candidate accompanied his address with a shake of the hand {prensatio). The term benignitas comprehended generally any kind of treat- ing, as shows, feasts, &c. Candidates sometimes left Rome, and visited the colonise and municipia, in which the citizens had the suffrage; thus Cicero proposed to visit the Cisalpine towns when he was a candidate for the consulship.* ■ That ambitus, which was the object of several pena. enactments, taken as a generic term, compre- hended the two species, arniUus and largitiones (bri- bery). LiberaZitas and benignitas are opposed by Cicero, as things allowable, to ambitus and largitio, as things illegal.' Money was paid for votes ; and in order to ensure secrecy and secure the elector, persons called interpreles were employed to make the bargain, seqnestres to hold the money till it was !. (Pans., i., 31, s. 3.)— 2. {Hesych., s. y. 'Ajiopiiina )— 3. (I., 1, p. 324, ed. Tauchn.)— 4. (Comparo Schol. in Find., 01. xiii., sub fin.) — 5. (Cic, pro Mniten., c 34 ) — 6. (Cic, ad Att., i I ^ ) — 7. (Cic, De Orst., ii., 25. — Compare pro Muraen.j c . 36.) 46 AMBITUS. to be paid,' and divisores to distribnte it,' The offence of ambitus was a matter which belonged to the judicia publica, and the enactments a^'ainst it were numerous. One of the earliest, tliough not the earUest of all, the Lex .Emilia Beebia (B.C. 188), was specially directed against largiMones. The Lei Cornelia Fiilvia (B.C. 159) punished the offence with exile. The Lex Acilia Calpumia (B.C. 67) imposed a fine on the offending party, with exclusion from the senate and all public offices. The Lex Tullia (B.C. 63), passed in the consulship of Cicero, in addition to the penalty of the Aeilian law, inflicted ten years' exilium on the offender; and, among other things, forbade a person to exhibit gladiatorial shows {gUdialares dare) within any two years. Id which he was a candidate, unless he was required to do so, on a fixed day, by a testator's will.^ Twu years afterward, the Lex Aufidia was passed, by : which, among other things, it was provided that, if ^ a candidate promised (^pronunliavU) money to a tribe, and did^not pay it, he should be unpunished; if he did pay the money, he should farther pay to each tribe (annually 1) 3000 sesterces as long as he lived. This enactment occasioned the witticism of Cicero, who said that Clodius observed this law by anticipation, for he promised, but did not pay.' The Lex Licinia (B.C. 58) was specially directed against the offence of sodalitium, or the wholesale bribeiy of a tribe by gifts and treating;', and another lex, passed (B.C. 53) when Pompey was sole consul, had for its object the establishment of a speedier course of proceeding on trials for ambitus. AH these enactments failed in completely accomplish- „ ing their object. That which no law could suppress,! so long as the old popular forms retained any cf their pristine vigour, was accomplished by the impo-| rial usurpation. Julius Cassar, when dictator, nom-;^ inated half the candidates for public offices, except the candidates for the consulship, and notified his ■pleasure to the tribes by a civil circular ; the pop'j«. lus chose the other half The Lex Julia de AmbiiiiJ was passed in the time of Augustus ; but the offence of ambitus, in its proper sense, soon disappeared, in consequence of all elections being transferred from the comitia to the senate, which Tacitus, in speaking of Tiberius, briefly expresses thus : " The comitia were transferred from the campus to the patres." While the choice of candidates was thus partly in the hands of the senate, bribery and corruption still influenced the elections, though the name of ambitus was, strictly speaking, no longer applicable. But in a short time, the appointment to public offices was entirely in the power of the emperors ; and the magistrates of Rome, as well as the populus, were merely the shadow of that which had once a sub- stantial form. A Roman jurist of the imperial period (Modestinus), in speaking of the .Tulia Lej de Ambitu, observes, " This law is now obsolete in the city, because the creation of magistrates is the business of the princeps, and does not depend on the pleasure of the populus ; but if any one in a murii- cipium should offend against this law in canvassing for a sacerdotium or magistratus, he is punished, according to a senatus consultum, with infamy, arid subjected to a penalty of 100 aurei.'" The trials for ambitus were numerous in the time : of the Republic. The oration of Cicero in defencf of L. Murena, who was charged with ambitus, anH that in defence of Cn. Plancius, who was charged with that offence specially called sodalitivm, are both extant.' AMBAfi'SEfiS VPAi^n ia/i6?M<7eug ypa^r/), an action brought in the Athenian courts against an in- dividual who had procured the abortion of a msli 1. (Cic, pro Cluent., 26.)— 3. (Cic, ad Al;t., i., 16.)— 3. (Cfc , in Vatin., 15.)— 4. (Cic, ad ^.tt., i., 16.) — 5. (Cic, pro Cn Plane, 15.)— 6. (Suet., Jul., 41 )— 7. (Dig. 48, tit 11 )— 8. (Si gonius, De Antique Jure Pop. Rom., p. 545.) AMENTUM. AMETHVSTUS inild by means of a potion {afi6^.a8pi6i.ov). The loss rf a speech of Lysias on this subject has deprived as of tke opinions of the Athenians on this crime, [t does not appear, however, to have been looked upon as a capital offence.' Among the Romans, this crime (^partus abactio, or obariMS procuraUo) seems to have been originally un- noticed by the laws, Cicero relates that, when he was in Asia, a woman who had procured the abor- tion of her offspring was punished with death;" but this does not appear to have been in accordance with the Roman law. Under the emperois, a wom- jji who had procured the abortion of her own child was punished with exile f and those who gave the potion which caused the abortion were con- demned to the mines if of low rank, or were ban- ished to an island, with the loss of part of- their property, if they were in respectable circumstances.* AMBRO'SIA [u/iCpoaca), festivals observed in Greece in honour of Dionysus, which seem to have derived their name from the luxuries of the table, or from the indulgence of drinking. According to Tzetzes on Hesiod,' these festivals were solemnized in the month of Lenseon, during the vintage. AMBRO'SIA (,afi6p6aia). I. The food of the gods, which conferred upon them eternal youth and im- mortality, and was brought to Jupiter by pigeons.' It was also used by the gods for anointing their body and hair;' whence we read of the ambrosial locks of Jupiter {u/iSpoaiai ;i;a4raj).' II. A plant, the same with the AmM'osia maritima.^ AMBUR'BIUM or AMBURBIA'LE, a sacri- fice which was performed at Rome for the purifica- tion of the city, in the same manner as the ambar- valia was intended for the purification of the coun- try. The victims were carried through the whole town, and the sacrifice was usually performed when any danger was apprehended in consequence of the appearance of prodigies, or other circamstances.'", Scaliger supposes that the amburbium and ambar- vaUa were the same, but their difference is expressly asserted by Servius" and Vopiscus (ciMburbiwm, cele- bratwni, amiarvalia promissa)." AME'AIOT AIKH {a/j.EXiov Slkti), an action men- tioned by Hesychius, which appears to have been brought by a landlord against his tenant, for the same reason as the uysapyiov dUrj : at least we have no information of the difference between them, though it is probable that some existed. (,Vid. ArEBPnOT AIKH.) AMEN'TUM, a leathern thong, either applied for fastening the sandal to the foot, or tied to the middle of the spear, to assist in throwing it. The thong of the sandal is more frequently called carrigia, ligula, or Im-um ; so that amumt/um, is com- monly employed in the latter of the two significa- tions above expressed : e. g., "Intenduvi acres arms, amentaque tffrqneiit."" " Amentum digitis tende prioribus, Et totis jaculum dirige vijibus."^' We are not informed how the amentum added to the effect of throwing the lance ; perhaps it was by giving it rotation, and hence a greater degree o'f steadiness and directness in its flight, as in the case of a ball shot from a rifle-gun. This supposition both suits the expressions relative to the insertion of the fingers, and accounts for the frequent use of the verb torquere, to whirl or twist, in connexion with this subject. Compare the above-cited passage of Virgil with such as the following: Amentatas hasias torquebit."" 1. (Meier, Att. Process, p. 310.)— 2. (Pro Cluent., c. 11.)— ». (Dig. 47, tit. 11, s. 4 ; 48, tit. 8, s. 8 ; tit. 19, s. 39.)^. (Dif. 48, tit. 19, s. 38, 4 5.)— 5. (Op. et D., v., 504.)— 6. (Od., v., 93 ; xii., 63.)— 7. (II., liT., 170.)— 8. (D., i., 629.)— 9. (Diosoor., iii., 118.) — 10. (Obseq., Be Prodig., c. 43. — ^Apul., Metamorph., iii., ab init., p. 49, Bipont. — Lucan, i., 593.) — 11. (In Virg., Eolog. iii., 77.)— 12. (Aurel., c. 20.)— 13. (Virg., JEn., ix., 665.) —14. tSenec , Hippol , ii.)— 15. (Cio., DeOrat., i., 57.) " Inserit amcnto digitos, nee ptiwra lociit/m Injuvenem \0TSii jaciilAirr,,."^ In the annexed figure, taken from Sir W. Hamil- ton's Etruscan Vases,' the amentum seems to be attached to the spear at the centre of gravity, a little above the middle. ♦AMETHYST'US (dfiiBvcrrov or -Of), the Amo- thyst, a precious stone of a purple or violet colour in different degrees of deepness. In modem min- eralogy, the name has been applied to two precious stones of essentially different natures: 1. the Ori- ental amethyst, which is a rare variety of adaman- tine spar or corundum; and, 3. the Occidental oi common amethyst.' The ancients, on the other hand, reckoned five species, differing in degrees of colour. Their Indian amethyst, to which Pliny assigns the first rank among purple or violet-col- oured gems, appears to have been our Oriental spe- cies, which is nothing more than a violet-coloured sapphire. " Those amethysts, again, which Pliny describes as easily engraved (sca^turis faciles), may have been the violet-coloured fluor spar, now called false amethyst ; and the variety of quartz which is now commonly styled amethyst, is well described by the Roman writer' as that fifth kind, which ap- proaches crystal, the purple vanishing and fading into white. Some mineralogists think that the amethyst of the ancients was what we call garnet ; but there seems little in its description resembling the garnet, except that one kind of it approached the hyacinth in colour, as Pliny and Epiphanius ob- serve; that is, had a very strong shade of red; and so, sometimes, has our amethyst. We see our ame • thyst, indeed, plainly indicated in one of the reasons assigned by Pliny for its name, that it does not reach the colour of wine (a, priv., and fiidv, "wiKt"), hat first fades into violet. He afterward suggests another, which is the more common derivation, saying that the Magi falsely asserted that thesff gems were preservative against intoxication {d, priv., and iie6ia,."-to intoxicate"). Tlieophrastua twice mentions the amethyst (d|«E'9«;oToi'),but.not in such a way as to determine it ; classing it in one place with crystal, as diaphanous, and afterward observing that it is wine-coloured.* 1. (Ovid, Met., xii., 321.)— 2. (iii., pi. 33.)— 3. (Pie in Plin. xxxvii., 9.) — 4. (Moore's Anc. Mineral ■^. 108. — De La«: d« Gemm., i., 5.) 47 AMMJ. "AM'IA, a fish of the tiuiny species, the same witii the Scomber aviia, in Italian, Leuia. Schweig- haeuser' says i\s French name is boniton. Rondo- let mentions that he had seen individuals which mt'-asured three and a half feet in length. Its head was the part most esteemed by the bon mvants of Greece and Rome. The etymologist remarks that it is gregarious, and hence its name, from a/ia, " to- gether," and that, " to go." The Amia is the same as the TpuKTfii of .ppian, and Athenseus, and the Glaucus of Ovid >i.id others.' *AM1ANTH'US {duiavTo;), a variety of Asbes- tus, called in French' Akim de Phime. It consists principally, according to Chevenix, of silex, mag- nesia, lime, and alumine, and from it was formed the celebrated Linum asbestinwn, or Asbestos-linen. Napkins and other articles made of this were, when soiled, thrown into the fire, and cleansed by this process as others are by washing. Hence the name Amianthus given to the species in question, signify- ing pure, undefiled (from a, priv., and /itavrog, " de- fiieii"), because, being indestructible in any ordinary fire, it was restored to its original purity and white- ness simply by castiog it into the flames. Where amianthus occurs, as it does in many countries, with fibres sufficiently long and flexible for that purpose, it is often now, as anciently it was, spun and woven into cloth; and has in modem times been successfully manufactured into paper, gloves, purses, ribands, girdles, and many other things. The natives of Greenland even use it for the wicks of lamps, as the ancients also did.' AMIC'TUS, dim. AMIC'ULUM. The verb amicire is commonly opposed to mduere, the former being applied to the putting on of the outer garment, the pallium, laena, or toga {Ijiariov, i^upoc) ; the latter, to the putting on of the inner garment, the tunic (xirav). Graco pallio amictus.^ Velis amictos, non togis.'' In consequence of this distinction, the verbal nouns wniictus and indvMs, even without any farther denomination of the dress iioing abided, indicate respectively the outer and the inner clothing." The Ass says, in Apuleius,' Deam, Strict) coiilcciam awAculo, mi/d gerendam imptmunt, meaning, " They place on me the goddess, covered with a small silken scarf." The same author says that the priests of the Egyptians used linen imhitui rt amictid ; i. e., both for their inner and outer clothing. In (freek, amicire is expressed by a/icjiiivvvadat, u/i-rriX' 76ai, kmiaXfi.taBat, nepiSaXXsaBat : and indu- r.re ijy \vSivuv. Hence came u/iirexovv, ewtdXti/ia and cTTi 66?iatov, ireptSTiTJiia and nEptSbXatov, an outer garment, a sheet, a shawl ; and svdv/ia, an inner garment, a tunic, a shirt. When Socrates was about to die, his friend ApoUodorus brought him both the inner and the outer garment, each being of great excellence and value, in order that he inight put them on before drinking the hemlock : i^io'v kvSvvra avrbv rov x^rijva, not •^otfidrtov TreptdaXXo- iievov, elra ovro Trtetv to ^apfxaKOv}^ AMMA {afifia), a Greek measure of length, equal to forty n^x^tg (cubits), or sixty ndisg (feet) ; that Is, twenty yards 8-1 inches English. It was used In measuring land." •AMMI, ajjlant, the same, according to Sprengel, with the Ammi Copticum. Matthiolus and Dodonse- us, who give drawings of it, seem to ppint to the same plant, namely, Bishop's-weed. It must not be 1. (in Athen., tii., 6.)— 2. (N. A., i., S.)— 3. (Aristot., H. A., ll., 17.; yiii., 13.)— 4. {Ovid, Hal., 117.— PUn., H. N., xxxii, 11. —Adams, Append., s. v.) — 5. (Diosoor., v., 155.— Plin., H. N., xix., 4. — ^De Laet, de Gemm., ii., 8. — Moore's Anc. Mineral., p. 112.)— 6. (Plin., Ep. It., U.)— 7. (Cic. in Cat., ii., 10.)— «. iVid. TibuU., 1., 9, 13.— Nep., Cimon., w., 2.— Id.,Dat., iii., 2. -Virg., .^n., iii., 545; v., 421, compared with Apol. Rhod., ii., 30. — ^Val. Max. v., 2, compared with .^lian, V. H., iv., 5.) — 9. (Met. Tiii.)— 10. (JEUan, V. U., i., 16.)— 11. (Hero, de Mensuris.) 4R AMPHICTYONS. confounded, however, with the plant called Bishop'*. weed in Scotland, which is tue .^gnpodium path- graria} . »AMMODYTES {iifi/iodv-rvc), a species of ser- pent, which Aetius describes as being a cubit ir length, and of a sand colour, with black spots, Matthiolus, in his commentary on Dioscorides, d» termines it to have been a species of viper. It wa most probably, then, only a variety of the.6:;t:if, oi Coluber amTOodyks. This is the serpent known by the name of the Homed viper of Illyricum; itt venom is active. In the Latin translation of Avi- cenna it is called Amindaims and Caulans, which are corruptions of Ammodytes and Cohiier.' *AMMONI'ACUM (aixi^ovtaKav), Gum Ammoniac. Even at the present day it is not well ascertained what species of Ferula it is which produces this gum. Dioscorides gives it the name of uyanuXl'u;. The a/j/iovtaicbv ^vfiiofia was the finest kind of it, and was so called because used as a perfume in sacred rites.' The aX; 'AfifiovtaKoc, or Sal Ammoni- ac, was a Fossil salt, procured from the district of Africa adjoining the temple of Jupiter Ammon. It therefore was totally different from the Sal Ammmiw of the modems, which is Hyd/rochlorus Ammmdce.* •AMPELI'TIS (,a/i7TeXlTtc 7^), a Bituminous Earth, found near Seleucla in Syria. It was black, and resembled small pine charcoal ; and when rubbed to powder, would dissolve in a little oU poured upon it. Its name was derived from its being used to anoint the vine (afmsXog), and preserve it from the attack of worms.' *AMPELO'PRASUM (uaTzeXbirpaaov), the Alliurn Ampeloprasum, or Dog-lee'f , called in French Porrk de ckien.' *AM'PELOS. (Vid. ViTis.) *AMO'MUM. (Vid. AMQ'MON, page 55.) AMPHIARA'IA (uftLapdla), games celebrated in honour of the ancient. hero Amphiaraus, in th« neighbourhood of Oropus, where he had a temple with a celebrated oracle.' AMPHICTYONS. Institulions called Am- phictyonic appear to have existed in Greece from time immemorial. Of their nature and object his- toiY gives us only a general idea ; but we may safely believe them to have been associations oif originally neighbouring tribes, formed for the regu- lation of mutual intercourse and the pr'.'tection of a common temple or sanctuary, at which the repre- sentatives of the different members met, both to transact business, and celebrate religious rites and games. This identity of religion, coupled with near neighbourhood, and that, too, in ages of remote antiquity, implies, in all probability, a certain degree of affinity, which might of itself produce unions and confederacies among tribes so situated, regarding each other as members of the same great family. They would thus preserve among themselves, and transmit to their children, a spirit of nationality and brotherhood; nor could any better means be de- vised than the bond of a common religious worship, to counteract the hostile interests which, sooner or later, spring up in all large societies. The causes and motives from which we might expect such in- stitutions to arise existed in every neighbourhood ; and, accordingly, we find many Amphictyonies of various degrees of importance, though oar informa- tion respecting them is very deficient. Thus we learn from Strabo that there was one of some celebrity, whose place of meeting was a sanctuary of Poseidon,' at Calauria, an ancient set- tlement of the lonians in the Saronic Gulf. The 1. (Dioscor., iii., 63. — Galen, de Simpl., t. — ^Adais.s, Append., s. V.) — 2. (Adams, Append., s. v.) — 3. (Matthiolus in Dioscor., iii., 87. — Paul. Mgin., vli., 3. — ^Needham in Geopun., liii., 11.) — 4. (Adams, Append, s. v.) — 5. (Dioscor., v., 138. — Moore'b Anc. Mineral., p. 73.)— 6. (Dioscor., ii., 178.)- 7. (Schol, il Pind., Olymp. vii., 154.)— 8. (MUUer, Dmiais, b. ii., c. 10, r » —Strabo, tiii, . «.) A.MPHICTYO>rS. AMPHICT\ONS original members were Epidauras, HermEEom, Nauplia, Prasi33 in Laconia, iEgina, Athens, and the Boeotian Orchomenus,* whose remoteness from each i/ther makes it difficult to conceive what could have been the motives for forming the confedera- tion, more especially as religious causes seem pre- cluded, by the fact that Troezqn, though so near to Calauiia, and though Poseidon was its tatelary g xl, was not a member. In after times, Argos and tsparta took the place of Nauplia and Prasias, and religious ceremonies were the sole object of the meetings of the association. There also seems to have been another in Argolis," distinct from that of Oalauria, the place of congress being the 'Hpaiov, or temple of Hera. Delos," too, was the centre of an Amphictyony — the religious metropolis, or 'lariri vijauv of the neighbouring Cyclades, where deputies and embassies (iJeupoi) met to celebrate religious solemnities in honour of the Dorian Apol- lo, and apparently witliout any reference to political objects. Nor was the system confined to the mother-coun- fy ; for the federal unions of the Dorians, lonians, md jEolians, living on the west coast of Asia Minor, seem to have been Amphictyonie in spirit, although modified by exigences of situation. Their main essence consisted in keeping periodical festi- vals in honour of the acknowledged gods of their respective nations. Thus the Dorians* held a federal festival, and celebrated religious games at Triopium, uniting with the worship of their national god Apollo that of the more ancient and Pelasgic Demeter. The lonians met for similar purposes, in nonour of the Heliconian Poseidon at Mycale ; their place of assembly being called the Panionium, and tlieir festival Panionia. (Poseidon was the god of the lonians, as Apollo of the Dorians.') The twelve towns of the jEolians assembled at Gryneum, in, honour of Apollo. That these confederacies were not merely for offensive and defensive purpo- ses, may be inferred from their existence after the subjugation of these colonies by Croesus ; and we know that Halicarnassus was excluded from the Dorian union, merely because one of its citizens had not made the usual offering to Apollo of the prize he had won in the Triopic contests. A con- federation somewhat similar, but m- re political than religious, existed in Lycia:' it was called the " Lycian system," and was composed of twenty- three cities. But, besides these and others, there was one Am- phictyony of greater celebrity than the rest, and much more lasting in its duration. This was, by way of eminence, called the Amphictyonie League ; and by tracing its sphere of action, its acknowledged duties, and its dischaige of them, we shall obtain more precise notions of such bodies in general. This, however, differed from the other associations in having two places of meeting, the sanctuaries of two divinities, which were the temple of Demeter, i:j the village of Anthela, near Thermopylse,' where the deputies met in autumn, and that of Apollo at Delphi, where they assembled in spring. The con- nexion of this Amphictyony with the latter not only contributed to its dignity, but also to its perma- nence. With respect to its early history, Strabo' says, that even in his days it was impossible to learn its origin. We know, however, that it was originally composed of twelve tribes (not cities or states, it must be observed), each of which • tribes contained various independent cities or states. We leam from jEschines,' a most competent au- thority (B.C. 343), that eleven of these tribes were Sis follow: the Tnesjalians, Boeotians (not Thebans I. (Thirlwall, H. G., vol. i., p. 375.)— 2. (Stral)o, 1. c.)— 3. (Mailer b. ii., c. 3, s. 7.— Callim., Hjmm., 325.)— 4. (Herod., i., )44.)— 5. (Miillev, b. ii., c. 10, s. 5.— Strabo, viii., ".)— 6. 'Strabo, xiy., 3.)— 7. (Herod., vii., 200.)— 8. (ix., 28'J.) ~9 (Do f L., 122, Bekker.) only), i3orians, lonians, Perrhsebians, Magnett*, Locrians, CEtEeans or OEnianians, Phthiots or AuhE»- ans of Phthia, Malians, and Phoc^ans ; other listt. leave us in doubt whether the remaining tribe were the Dolopes or Delphians ; but, as the Delphians could hardly be called a distinct tribe, their nobles appearing to have been Dorians, it seerrs probable that the Dolopes were originally mei;ibers, and afterward supplanted by the Delphians.' The pre- ponderance ol Thessalian tribes proves the antiquily of the institution ; and the fact ot the Dorians stand- ing on an equality with such tribes as the Malians, shows that it must have existed before the Dorian conquest, which originated several smtes more ] low- erful, and, therefore, more likely to have sent i heir respective deputies, than the tribes mentioned. We also leam from ^schines that each of these tribes had two votes in congress, and that deputies from such towns as (Dorium and') Cytinium had equal power with the Lacedaemonians, and thai Eretria and Prieue, Ionian colonies, were on a par with Athens (iaoi/'j^^ot toic 'AdrjvacoLg). It seems, therefore, to follow, either that each Amphictyonie tribe had a cycle,^ according to which its componeni states returned deputies, or that the vote of the tribe was determined by 8 majority of votes of the differ- ent state" o' that trioe The latter supposition might explai[\ the fact of their being a larger and smaller assembly — a ^mki] and kniikiiaia — at some of the congresses ; and it is confirmed by the cir- cumstance that there was an annual election ol deputies at Athens, unless this city usurped func- tions not properly its own. The council itself was composed of two classe> of representatives, one called pylagorae, the other hieromnemones. Of the former, three were annually elected at Athens to act with one hieromnemon ri].^ pouited by lot.* That his office was highly honoiL.'- able we may infer from the oath of the Heliasts,' in which he is mentioiied with the nine archons. Oa one O(.:cao'on we find that the president of the coun- cil was a hieromnemon, and that he was chosen general of the Amphictyonie forces, to act against the Amphissians.' Hence it has been conjectuiei. that the hieromnemones, also called Upoypafi/iaTcli, were superior in rank to the pylagorEe.' jEschines also contrasts the two in sucn a way as to warran: the inference that the former office was the more permanent of the two. Thus he says,' "When Diognetus was hieromnemon, ye chose me and two others pylagoras." He then contrasts " the hiero- mnemon of the Athenians with the pylagorae for the time being." Again, we find inscriptions' contain- ing surveys by the hieromnemones, as if they formec. an executive ; and that the council concluded their proceedings on one occasion" by resolving that there should be an extraordinary meeting previously to the next regular assembly, to which the hieromne- mones should come with a decree to siut the emer- gency, just as if they had been a standing committee. Their name implies a more immediate connexion with the temple, but whether they voted or not i'i only a matter of conjecture ; probably they did not. The kKKXtjam, or general assembly, included not only the classes mentioned, but also those who had joined in the sacrifices, and were consulting the god. Ii was convened on extraordinary occasions by th( chairman of the council ('0 tu; yvu/tac mitprjipi^ov.)" ■ Of the duties of this latter body, nothing will give us a clearer view than the oaths taken and the de- 1. (Titmajin, p. 39.) — 2 (There is a doubt about the reading. Vid. Tliucyd., iii., 95 —Strabo. i;t., 4.)— 3. (Strabo, ix., f. 3.)— 4. (Aristoph., Nub , 607.)- 5. (Demosth., c. Timoor., 170, Bek- ker.)— 6. (JEsch., de F. L.)— 7. (Titmaiin,iv., 4.)— 8. (C Ctee., 115, Bekker, The scholiast on Aristoph., Nub., says, that the hieromnemon was elected for life. This is the opinion of Tit- niann ; Ueber den Bund der Amphictyonen. See SchSmann, Oa the Assemblies, &C., p. 270, transl.) — 9. (Bflckh, Corpus Inscript. No. 1711,quotidbyM(iller.)— 10. (jEschin., c. Cles., 124, Bek ker.)- 1 1. (JTs shines, c. Otes 124.) AMPHICTYONS. trees made. The uaih v/as as follows :' '' They would destroy no city of the Amphietyons, nor cut off their streams in war or peace; and if any should lio so, they would march against bim and destroy his cities; and should any pillage the property of ±e god, or be pnvy to oi plan anything against what was in his temple (at Delphi), they would take ■rengeance on him "with hand, and foot, and voice, and all their might-" There are two decrees given by Demosthenes, both commencing thus :' " When : Jleinagoras was priest, at the spring meeting, it was '•".solve i by the pylagorse and their assessors, and the general body of the Amphietyons," &c. The res- uiution in the second case was, that as the Amphis- sians continued to cultivate the sacred district, Pnilip of Macedon should be requested to help Apollo and the Amphietyons, and was thereby constituted abso- lute general of the Amphietyons. He accepted the office, and soon reduced the offending city- to sub- jection. From the oath and the decrees, we see that the main du'y of the deputies waS the preservation of the rights and dignity of the temple at Delphi. We know, too, that after it was burned down (B.C. 548), they contracted with the AlcrnaeonidEE for the rebuilding;^ and Athenaeus (B.C. 160) informs us,* that in other matters connected with the worship of the Delphian god, they condescended to the regula- tion of the minutest trifles. History, moreover, teaches that, if the council produced any palpable effects, it was from their interest in Delpni; and though it kept up a standing record of what ought to have been the international law of Greece, it sometimes acquiesced in, and at other times was a party to, the most iniquitous and cruel acts. Of this the case of Crissa is an instance. This town lay on the Gulf of Corinth, near Delphi, and was much frequented by pilgrims from the West." The Crissaeans were charged by the Delphians with un- due exactions from these strangers. The council declared war against them, as guilty of a wrong against the god. The war lasted ten years, till, at the suggestion of Solon, the waters of the Pleistus were turned off, then poisoned, and turned again into the city. The besieged drank their fill, and Crissa was soon razed to the ground ; and thus, if it were an Amphictyonic city, was a solemn oath doubly violated. Its territory — the rich Cirrhaean plain — was consecrated to the god, and curses im- precated upon whomsoever should till or dwell in it. Thus ended the First Sacred War (B.C. 585), in which the Athenians were the instruments of Del- phian vengeance.' The Second, or Phocian War (B.C. 350), was the most important in which the Amphietyons were concerned ;' and in this the Thebans availed themselves of the sanction of the council to take vengeance on their enemies, the Phocians. To do this, however, it was necessary to call in Philip of Macedon, who readily proclaim- ed himself the champion of Apollo, as it opened a pathway to his own ambition. The Phocians v/ere subdued (B.C. 346), and the cotmcil decreed that all their cities, except Abse, should be razed, and the in- habitants dispersed in villages not containing more than fitly inhabitants. Their two votes were given to Philip, who thereby gained a pretext for inter- fering with the affairs of Greece, and also obtained the recognition of his subjects as Hellenes. To the causes of the Third Sacred War, allusion has been made in the decrees quoted by Demosthenes. The Amphissians tilled the devoted Cirrhsean plain, and behaved, as Strabo' says, worse than the Crissaeans of old (xsipovf Tiaav ■Kept rove fevotif). Their sub- mission to Philip was immediately followed by the 1. (Mscii., de F. L., 121.)— 2. (Demosth., de Cor., 196, Bekker.) -3. (Horod., ii., 180.) — i. (iv., 173, 'O Twv'A/i0i/cn)iJvwv T-^/joff KcXiCbiv iJ(5up TTiioEx^tv iXsoSvTos- This seems to refer to the Debans only.)— 5. (-Eschines, c. Ctes, 125, gives the whole his- tory. In early times, Crista and the temple were one state. — M-Jller, Dorians.)— 6. (Pans., x., S7, s. 4.)— 7. (ThirlwaU, Hist. >f Ureeze, vol. ■>., p. 2*1-372.)— f<. (ix.. 3 1 AMPHICTYONS. battle of ChEeronea (B.C. 338-), and the ejCtincUon of the independence of Greec. In the iuilowiDg" year a congress of the Amphiovonic states was held in which war was declared as if by united Greece against Persia, and Philip elected com- mander-in-chief. On this occasion the Amphiciyons assumed the character of national representatives as of old > when they set a price upon tlie head oi Ephialtes for his treason to Greece at ThermopyXas, We have sufficiently shown that the Amphictyoiia themselves did not observe the oaths they took; and that they did not much alleviate the horrors of war, or enforce what they had sworn to do, is proved by many instances. Thus, for instance, Mycenae wa.s destroyed by Argos (B.C. 535), Thespise and Plataea by Thebes, and Thebes herself swept from the tace of the earth by Alexander {en iiebtk tt/c: 'EWuiSof' uvripiraaetiV Indeed, we may infer from Thucyd-V ides,^ that a few years before the Peloponnesiau war, the council was a passive spectator of what he calls 6 iepof m'kenog, when the Lacedasmonians made an expedition to Delphi, and put the temple into the hands of the Delphians, the Athenians, after their departure, restoring it to the Phocians; and yet the council is not mentioned as interfering. It will not be profitable to pursue its history farther; it need only be remarked, that Augustus wished his new city, Nicopolis (A.D. 31), to be enrolled among the members ; and that Pausanias, in the second century of our era, mentions it as st01 existing, but deprived of all power and influence. In fact, even Demos- thenes* spoke of it as the shadow at Delphi.* After these remarks, we may consider two points of some interest; and, first, the etymology of the word Amphictyon. We are told' that Theopompus thought it derived from the name of Amphictyon, a prince of Thessaly, and the supposed author of the institution. Others, as Anaximenes o.'' Lampsaciis,i ^ connected it with the word a^^t/criover, or neigb-rs hours. Very few, if any, modem scholars, dcubfe ■ that the latter vie* is correct ; and that Amphictyon, with Helleh, Dorus, Ion, Xuthus, Thessalus, Laris- sa the daughter of Pelasgus, and others, are not historical, but mythic personages — ^the representa- tives, or' poetic personifications, of their alleged^ foundations or offspring. As for Amphictyon,' it is too marvellous a coincidence that his name should be significant of the institution itself; and, as he was uie son of DeucaKon and Pyrrha, it is diflicull to guess of whom his cotmcil consisted. True it is that he also appears in Athenian history';' but very little is said of him ; and the company he keeps- there, though kingly, is far from historical. Besides, thdugh Herodotus' and Thucydides'" had the oppor» tunity,"they yet inafce no mention of him. We may conclude, therefore, that the word should be written amphiotiony, from u/ifiicTiovef, or those that dwell around some particular locality." The next question is one of greater difficulty ; it is this : Where did the association originate 'i were its meetings first held at Delphi or at Thermopyliel There seems to us a greater amount of evidence in favour of the latter. Iiiproof of this, we may state the preponderance of Thessalian tribes from the neighbourhood of the Maliac Bay, and the compara^ tive insignificance of many of them ; the assigned birthplace and residence of the mythic Amphictyon, the names Pylagorae and Pylaea. Besides, we knot* that Thessaly was the theatre and origin of many of the most important events of early Greek his- tory, whereas it was only in later times, and afler the Dorian conquest of Peloponnesus, that Delphi 1. (Herodotas, vii., 214, speaks of the Amphietyons as oJ rbtt 'EMfirulv UvXaYiptit-)—^- (JEs6hm., c. Ctcs.)— 3. (i., 112.)— ( (De Pace.) — 5. Hi h AA 11-14. — 'Wacbsmnth, HeUen. Alterthumsk. — Nie- bahr, Hi&t. Rfiin., i., p. 31, t^ansl.)^3. (Hesych., a. v. irbnjpioi/.) — t (H. A, 9, 40 ; ' or in S'ohn'eid., '9, 27, 4.)— 5. (-Ep! /iinv hirhsy Ij S^hrSs. — Compare But':mana's Lexilogus, b.. v.) — 6. (HamocT.. s. V.)— 7. (p. 370.) ceived its name, to which the guests weie wilnesSes. The carrying of the child round the hearth wasi flie principal pail of tlie solemnity, from which its name was derived. But the scholiast on Aristophanes' de- rives the name from the fact that the guests, while the name was given to the child, walked or danced around it. This festival is sometimes called from the da)[ on which it took place : if on the seventh day, it is called k66o/iat or Mdofiac; ; if on the tenth day, Senarri, &c,' AMPHIOR'KIA or AMPHOMOS'IA (d/iyjopwa or d/i?>(j/iom'a)is the oath which was taken, both by the plaintiflT and defendant, before the trial of a cause in the Athenian courts, that they would speak the truth.* 'According to Pollux,' the a/ifiopKla also included the oath which the judges_took, that they would decide according to the laws ; or, in case there was no express law on the subject in dispute, that they would decide according' to the principles of justice. AMPHIPPOI. (Firf. Destjltores.) AM^iriPTMN'OI NH'ES (af£(bmpv/lvot vjjec), also called AinPEPOI, ships in which the pdOp and the prow were so much alike as to be applicable to the same use. A ship of this construction might be considered as having either two poops or two prows. It is supposed to have been convenient in circum- stances where the head of the ship could not te . turned about with sufficient celerity.' ''AMPHISB./E'NA (u/i^icrCawQ); sometimes called the Double-headed Serpent. Buffon says of it, that it can move along with either the head or the tail foremost, whence it- Kad been thought to have two heads. Avicenna says, that it is of equal thickness from head to tail, and that from this appearahce it had been supposed to have two heads. Schneider states, that Linnaeus' describes a serpent which agrees very well With the ancient accounts of tne amphisbffina; its tail is obtuse, and as thick as its body, and it moves along either forward or back- ward;' but, according to Dr. Trail, 'it is an Amer- ican species. The amphisbsena was probably a variety of the Anguis fragUis, L., or Blind Worm. iThe Aberdeen serpent of Pennant, of which mention" is made in Linnseus's correspondeiice with Dr. David Skene of Aberdeen, is a variety of the Anguii fragUis. Liimaeus denies that the amphisbsnais venomous, but many authors, even of nlodem times, are of a contrary opinion.' AMPHITHEA'TRUM was a place for the exhibition of public shows of combatants and wild beasts, entirely surrounded by seats for' the specta- tors ; whereas, in those for dramatic peirfbrmanCes, the seats were arranged in a semicircle facing the' stage. It is, therefore, frequently described' 'as a double theatre, consisting of two such semicircles, or halves, joined together, the spaces allotted to their orchestras becoming the inner enclosure or area, termed the arena. The form, however, of the ancient amphitheatres was not a circle, but invari- ably an ellipse, although the circular form appears best adapted for the convenience of the spectators. The first amphitheatre appears to have been that of M. Curio, of which a description has been given by PUny." It consisted of two wooden theatres made to revolve on pivots, in such a manner that they could, by means of windlasses and machinery, be turned round face to face, so as to form one building. Gladiatorial shows were first exhibited in the forum, and combats of wild beasts in the cirsus ; and it appears that the ancient custom was stil. preserved till the dictatorship of Julius Csesar, who 1. (IsEens, de Pyrrhi Hiered., p. 34, s. 30, Bckier.)— 2. (Ly sislr., 758,)— 3. (Hesyoh.— Aristoph.,Av.,923.)— 4. (Hesyoh.— 'Suid.)— 5. (viii., I'O.)— 6. (Scheifer, De Militia Navali, ii., c. 5, p. 143.) — 7. '(Amojnit. Acadetti., vol. i., p. 295.)— 8. (Schneidg ' in jEl., N. A., ix., 23.)— 9. (Adams, Append., s.'v.)— 10. (T N., nivi., 24, « 8.) .11 AMPHITHEATRUM. buiJi a TMJoden theatre in the Campus Martins, for the purpose of exhibiting hunts of wM beasts,' " wliich was called amphitheatre because it was rarrounded by seats without a scene."" Most of the early amphitheatres were merely temporary, and made of wood ; such as the one built by Nero at Rome,' and that erected by AtiHus at Fidenas rturiag the reign of Tiberius, which gave way while the games were being performed, and killed or in- jured 50,000 persons.* The first stone amphitheatre was built by Statili- us Taurus, at the desire of Augustus.* This build- ing, which stood in the Campus Martins, near the circus called Agonale, was destroyed by fire in the reign of Nero ;= and it has, therefore, been supposed that only the external walls were of stone, and that the seats and other parts of the interior were of tim- ber. A second amphitheatre was commenced by Caligula; but by far the most celebrated of all was the Flavian amphitheatre, afterward called the ColisaBum, which was begun by Vespasian, and finished by his son Titus, who dedicated it A.D. 80, on which occasion, according to Eutropius, 5000, and according to Dion, 9000, beasts were destroyed.' This immense edifice, which is even yet compar- atively entire, was capable of containiag about 87,000 spectators, and originally stood nearly in the centre of the city, on the spot previously occupied by the lake or large pond attached to Nero's pal- ace,' and at no very great distance from the Baths of Titus. It covers altogether about five acres of groimd; and the transverse, or longer diameter of the external ellipse, is 615 feet, and the conjugate, or shorter one, 510 ; while those of the interior ellipse, or arena, are 281 and 176 feet respectively. Where it is perfect, the exterior is 160 feet high, and consists of four orders, viz., Doric, Ionic, and Corinthian, in attached three-quarter columns (that is, cbltmms one fourth of whose circumference ap- pears to be buried in the wall behind them), and an upper order of Corinthian pilasters. With the ex- ception of the last, each of these tiers consists of eighty columns, and as many arches between them, forming open galleries throughout the whole cir- cumference of the building ; but the fourth has windows instead of large arches, and those are placed only in the alternate inter-columns, conse- quently, are only forty in number ; jmd this upper portion of the elevation has, both on that account and owing to the comparative smallness of the apertures themselves, an expression of greater solidity than that below. The arches formed open external galleries, with others behind them ; besides which, there were several other galleries and passa- ges, extending beneath the seats for the specta- tors, and, together with staircases, affording access to the latter. At present, the seats do not rise higher than the level of the third order of the exte- rior, or about half its entire height ; therefore, the upper part of the edifice appears to have contributed very little, if at all, to its actual capacity for ac- commodating spectators. Still, though it has never been explained, except by conjecturing that there were upper tiers of seats and galleries (although no emains of them now exist), we must suppose that jhere existed some very sufficient reason for incur- ring such enormous expense, and such prodigal waste of material and labour beyond what utility seems to have demanded. This excess of height, so much greater than was necessary, was perhaps, in some measure, with the view that, when the building was covered in with a temporary roofing or awtung (yelarmm), as a defence against the sun or rain, it should seem well proportioned as to 1. (StarpJv /niMTKcriKiiv.)— 2. (Dion., xliii., 22.)— 3. (Suet., Ner., c. 12.— Tacit., Ann., liii., 31.) — i. (Tacit., Ann., iv., 62.— Suet., Tii., c. 40.)— 5. (Suet., Octav., c. 29.— Dion., li., 23.)— B. (Diun., liii., 18.)— 7. (Suet., Vesp., 9.— Id., Tit., 7.— Eu- tiop., vii., 21.— Dion., Irvi., 25.)— 8. (S'let., Ner., 3].) AMPHTTHEATJIUM. height; and also, perhaps, in order to allow thcsi who worked the ropes and other mechanism bv which the velarium was rmitlLed or drawn back agam, lo perform those operations without incci.^ moding the spectators on the highest seats. With regard to the velarium itself, nothing at aii conclusive and satisfactory can now be gathertdj and it has occasioned considerable dispute among the learned, how any temporary covering could be extended over the whole of the building. Some have imagined that the velarium extended only over part of the building; but, independent of other objections, it is difficult to conceive how such an extensive surface could have been supported along the extent of its inner edge or circumjerence. The only thing which affords any evidence as to the mode in which the velarium was fixed, is a series of projecting brackets, or corbels, in the uppermost story of the exterior, containing holes or sockets, to receive the ends of poles passing through holes in the projection of the cornice, and to which ropes from the velarium were fixed ; but the whole of the upper part of the interior is now so dismantled as to render it impossible to decide with certainty in what manner the velarium was fixed. The velari- um appears usually to have been made of wool, but more costly materials were sometimes emploj'ed. When the weather did not permit the velarium to be spread, the Romans used broad-brimmed hats cr caps, or a sort of parasol, which was called lumbn t la, from umhra, shade.' Many other amphitheatres might be enun erateil such as those of Verona, Nismes, Catania, Poinl peii, &c. ; but, as they are all nearly similar Jn form, it is only necessary to describe certain par- ticulars, so as to afford a tolerably correct idea of the respective parts of each. The Ulterior of the amphitheatre was divided into three parts, the anna, podium, and gradus. The clear open space in the centre of the amphitheatre was called the arena, because it was coverec' with sand or sawdust, to prevent the gladiators irom slipping, and to absorb the blood. The size tf the arena was not always the same in proportion to the size of the amphitheatre, but its average propor- tion was one third of the shorter diameter of the building. It is not quite clear whether the arena was no more than the solid ground, or whether it had an actual flooring of any kind. The latter opinion is adopted by some writers, who suppose that there must have been a souterrain, or vaults, at intervals at least, if not throughout, beneath the arena, as sometimes the animals suddenly issued apparently from beneath the ground ; and machinery of diifer- ent kinds was raised up from below, and afterward disappeared in the same manner. That there must have Been some substruction beneath the arena, in some amphitheatres at least, is evident, because' the whole arena was, upon particular occasions, filled with water, and converted into a naumachia, where vessels engaged in mimic sea-fights, or else crocodiles and other amphibious animals were made to attack each other. Nero is said to have frequently entertained the Romans with spectacles and diversions of this kind, which took place imme- diately after the customary games, and were again succeeded by them ; consequently, there must have been not only an abundant supply of water, but me- chanical apparatus capable of pouring it in an(? draining it off again very expeditiously. The arena was surrounded by a wall, distinguish- ed by the name of podium, although such appella- tion, perhaps, rather belongs to merely the uppej part of it, forming the parapet or balcony before the first or lowermost seats, nearest to the arena. The latter, therefore, was no more than an open oval court. 1. (Dion., lix., 7.— Martial, xiT., S?, 28.) AAIPHITHEATR JM. AMPHITHEATRUM. BiUTOiinded 1 y a wall about eighteen feet high, meas- uriiig from tlie ground to the tor of the parapet; a neight considered necessary, in" order to render the spectators perfectly secure from the attacks of the -vild beasts. There were four principal entrances leading into the arena, two at the ends of each axis or diameter of it, to which as many passages led di- rectly from the exterior of the building ; besides sec- ondaiy ones, intervening between them, and commu - nicating vfi'Ji the corridors beneath the seats on the The wall or enclosure of the arena is supposed .0 have been faced with marble more or less sump- tuous; besides which, there appears to have been, in some instances at least, a sort of network affix- ed to the top of the podium, consisting of railing, or, rather, open trellis-work of metal. From the mention made of this network by ancient writers, little more can now be gathered respecting it than that, in the time of Nero, such netting, or whatever it might have been, was adorned with gilding and amber; a circumstance that favours the idea of its having been gilt metal-work, with bosses and orna- ments of the other material. As a farther defence, ditches, called emipi, sometimes surrounded the arena.' The term podium was also applied to the terrace, or gallery itseli, immediately above the lower enclo- sure, and which was no wider than to be capable of containing two, or, at the most, three ranges of mova- ble seats or chairs. This, as being by far the best situation for distinctly viewing the sports in the are- na, and also more eommodiously accessible than the seats higher up, was the place set apart for senators and other persons of distinction, such as the ambas- sadors of foreign parts ;' and it was here, also, that the emperor himself used to sit, in an elevated place called sv,ggest>its' or cvMouMm,;* and likewise the person who exhibited the games, on a place eleva- ted like a pulpit or tribunal (edUoris trimmdC). The ve-stal virgins also appear to have had a place allot- ted to them in the podium.' Above the podium were the gradus, or seats of the other spectators, which were divided into 'iruemana, or stories. The fast mcemum/um, consisting of four- teen rows of stone or majble seats, was appropria- ted to the equestrian order. The seats approjpriated to the senators and equites were covered with cush- ions (pulvillis), which were first used in the time of Caligula.' Then, after an interval or space, termed a preecinctio, and forming a continued landing-place from the several staircases in it, succeeded the sec- ond masnianum, where were the seats called popalor- ria,'' for the third class of spectators, or the popidms. Behind this was the second precinction, bounded by a rather high wall, above which was the third mse- nianum, where there were only wooden benches f6r the puUtati, or common people.' The next and last division, namely, that in the highest part of the building, consisted of a eoloimade or gallery, where females were allowed to witness the spectacles of the amphitheatre,' some parts of which were also cccupied by the puUati. At.the very summit was the narrow platform for the men who had to attend '3 the velarium, and to, expand or withdraw the awnings, as there might be occasion. Each msenia- Dum was not only divided from the other by the pne- ciiuTtio, but was intersected at intervals by spaces Ibr |>assages left bet^yeen the seats, called icala or txO^ria; and the portion between two such passa- ges was called a cwneus, because this space gradu- ally widened, like a wedge, from the podium to the top of the building." The entranecs to the seats 1. (Plin., H, N., liii., 7.)— 2. (Suet., Octav., 44.-^ut., Sat. ii, 143, seqq.)— 3. (Saet., Jul., 76.— Plin,, Paneg,, 51.)— 4. (Suet., Nor., 12.)— 5. (Suet., Octav., 44.1—6. (.Tut., Sat. iii., 154.— Dion., lix., 7.)— '. (Suet., Domit., 4.)— 8. (Suet., Octav., »4.)— 9. (Suet., I ota\ , 44.1^1J. (Suet., Octav., 44.— Juv., Sat. •i , 01.) from the outer porticoes were called vmnitorm, bo cause, says Macrobius,' Homines glomeraiim ingre< dientes in sedilia se fundwni. The situation of the dens wherein the' animals were kept is not very clear. It has been supposed that they were in underground vaults, near to, if nor immediately beneath, the arena; yet, admitting such to have been the case, it becomes more difficult than ever to understand how the arena could have been inundated at pleasure with water ; nor was any pos- itive information obtained from the excavations made several years ago in the arena of the Colisae- um. Probably many of the animals were kept in dens and cages, within the space immediately be- neath the podium (marked o! in the cut), in the in- tervals between the entrances and passages leading into the arena, and so far a very convenient siKm- tion for them, as they could have been brought im- mediately into the place of combat. There were in the amphitheatres concealed tubes, from which scented liquids were scattered over the audience, which sometimes issued from statues pla- ced in dlflerentparts of the building.' Vitruvius afiords us no information whatever as to amphitheatres ; and, as other ancient writers have mentioned them only incidentally, and briefly, many particulars belonging to them are now involved in obscurity. The annexed woodcut, representing a section, not of an entire amphitheatre, but merely of the exterior wall, and the seats included between that and the arena, will serve to convey an idea of the arrange- ment of such structures in general. It is that of the Colisseum, and is given upon the authority of Hirt: but it is in some respects conjeetoral, particularly in the upper part, since no traces of the upper gal- lery are now remaining. The extreme minuteness of the scale renders it impossible to point out more than the leading form and general disposition of the interior; therefore, as regards the profile of the ex- terior, merely the heights of the cornices of the dif- ferent order; are shown, with the figures 1, 2. S, 4 placed against them respectively. EXPLANATIONS. A, The arena. p. The wall or podium enclosing it. P, The podium itself, on which were chairs oi seats for the senators, &c. M', the first msenianum, or slope of benches, for the equestrian order. M", The second maenianum. M'", The third ma3ni,anum, elevated considerably above the preceding one, and appropriated to the puUati. W, The colonnade, or gallery, which contained seats for women. Z, The narrow gallery round the stimmit of the in- I (Satum., -n., 4.)— 2. (Lucan, be., 808.> 53 AMPHORA. iierior,.for the attendants who woiKed the rela- rium. pr, pr. The pnecinctiones, or landings, at the top of the first and second msBniannm, in the pave- ment of which were grated apertures, at inter- vals., to admit light into the :vomitoria beneath tnem. V V V V, Vomitoria. G G G, The three external galleries through the circumference of the building, open to the arcades of the first three orders of the. exterior. ^ £■, Inner gallery. Owing to the smallness of the cut, the situation and arrangement of staircases, &c., are not express- ed, as sucji parts could hardly be rendered intelligi- ble except upon a greatly increased scale, and then not in a single section, nor without plans at various levels of the building. For an account of the games of the amphitheatre, see Gladiatores. AMPHISBETE'SIS. (Fid. Heheditas.) AMPHI'STOMOS. (Fid. Ancora.) AMPHOMO'SIA. (Jii.. AMPHIORKIA.) AM'PHORA (in Greek a/K^opei;, or in the full form, as we find it in Homer, a/iftipopeic'-), a vessel used for holding wine, oil, honey, &c. The following cut represents Eunphorse from the Townley and Elgin collections in tie British Mu- seum. They are of various forms and sizes ; in general they are tall and narrow, with a small neck, and a handle on each side of the neck (whence the name, from a/i^l, on both sides, and 6Epu, to carry,) and terminating at the bottom in a point, which was let ioto a stand or stuck in the ground, so that the vessel stood upright: several amphorae have been found in this position in the cellars at Pompeii. Amphoree were coinBionly made of earthenware; Homer mentions amphor*; ot gold and stone, and the Egyptians had them of brass ■ glass vessels of this form have been found at Pompeii. The name of the maker or Of the 4.MPYX. The amphora was also used for keeping oil, no... ey, and moltengold. ■ A remarkable fiisoovery, mad* at Salona in 1825, proves that amphorce were, used as coffins. They were divided in half,, in. the direc- tion of the length, in order to receive thg remains, and the two halves were put together again, and buried in the ground ; they were found containing skeletons.' There is in the British Museum (room VI.) a vessel resembling an amphora, and containing tht £ne African sand which was mixed with the oil with which the athletae rubbed their bodies. Il was found, with seventy others, in the baths of Ti- tus, in the year 1773. The amphora occurs on the coins of Chios, and on some silver coins of Athens, The Greek OiU^oprff and the Roinan amphora were also names of fixed measures. The a/KJxi' pevci which was also called fierpiirns and Kadpc, was equal to 3 Roman urnae:=8 gallons 7-365 pints, im- perial measure. TheRomani am|ihora was two thirds of the u/i^opei^,, and was equal to 3 urna; = 8 congii=5 gallons 7-577 pints ; its solid, content was exactly a Roman cubic foot. A .model am- phora was kept in the Capitol, and dedicated to Jupiter. The size of a ship was estimated by am- phorse ; and the produce of a vineyard was reckon- ed sometimes by the number of amphora it yielded, and sometimes by the cuktis of twenty amphorae. AMPHO'TIDES. (VU. Pugilatus.) AMPLIA'TIO. (Vid. Judicicm.) AMPUL'LA {IvicvSoc, l3o/i6Uioe), a bottle. The Romans took a bottle of oil with them to tne bath for anointing. the body after bathing. They also used bottles for holding wine or water at theii meals, and occasionally for other purposes. These bottles were made either of glass or earthenware, rarely of more valuable materials. The dealer in bottles was called ampvManuSi and part of his business was to cover them with, leathei (carmni). A bottle so covered was called, ampulla place where they were made was sometimes stamp- ed upon them ; this is the case with two in the El- gin collection, Nos. 338 and 344. The most com- mon use of the amphora, both among the Greeks and Romans, was for keeping wine. The cork was covered with pitch or gypsum, and (among the. Ro- mans) a label (pUtaciim) was attached to the am- phora, inscribed -with the names of the consuls under whom it was filled. The following cut represents the mode of filling the amphora from a ■wme-cart, and is taken from a painting on the wall of a house at Pompeii. 1 (II., iriii , 1»0 - Of)., I , :64, 204.— Sohol. in Apoll. Ehod., r., 187.) 54 As bottles were round and swollen like a bladder, Horace metaphorically describes empty and tui^ language by the same name : " Projicit ampuUas et sesquipedtdia verba."' " An tragica desavit et ampvttdbir in arte ?"* Bottles of both glass and earthenware are pre served in great quantities in our collections of anti quities, and their foims are very various, thougt al- ways, narrow-mouthed, and generally more or Jes" approaching to globular. AMPYX, AMPYKTER, (fi/iiraf, (l,47rtJ*r^p,'i {fronUde), a frontal. This was a broad band or plate of meta!., whick ladies of rank wore above the forehead as part of 1. (SteinbOchel's AIterthuin.,p. 67.)— S. (Plant., End., iii,4 51, and Stioh., i., 3, 77, compared with Festua, i.v. RubidfuH 3. (Ep. ad Pis., 97.)-^. (Epiat. I., iii., 14.) AMULETUM. AMOMOJS. Uie heaidreiiB.' Hence it is attributed to the female divmities. Artemis wears a frontal of gold;' and the epithet xf^x^'i/^^vKec is applied, by Homer, He- siod, and Pindar to the Muses, the Hours, and the Fates. From the expression riiv Kvapd/^Tniiia QijCav in a fragment at Pindar, we may infer that this or- nament was sometimes made of blue steel (xtiai/of) instead of gold ; and the scholiast on the above-ci- ted passage, of Euripides asserts that it was some- times enriched with precious stones. TS« frontal of a /wrse was called by the same name, and was occasionally made of similar rich materials. Hence, in the Iliad, the horses which draw the chariots of Juno and of Mars are called Xpvad/i7rvKE(. Pindar^ descrilies the bridle with a golden frontal (xi>^aufim)Ka ;ta/liii6j'), which was given to Bellerophon to curb the winged horse Peg- asus. The annexed woodcut exhibits the frontal on the head of Pegasus, taken from one of Sir William Hamilton's vases, in contrast with the correspond- ing ornament as shown on the heads of two fe- males in the same collection. t'rontals were also worn by elephants.* Hesychi- js' supposes the men to have worn frontals in Lydia. rhey appear to have been worn by the Jews and other nations of the East.* AMULE'TUM {irepiaTTTov, 7repia/i/ia, (jivXaicr^- eiov), an amulet. This word in Arabic (Hamdkt') means tlmt which is suspended. It was probably brought by Arabiaii merchants, together with the articles to which it was applied, when they were imported into Europe from the East. It first occurs in the Natural His- tory of Pliny. An amulet was any Object — a stone, a plant, an artificial production, or a piece of writing — ^which was suspended from the neck, or tied to any part of the body, for the purpose of counteracting poison, curing or preventing disease, warding' off the eVil eye, aiding women in childbirth, or obviating calam- ities and securing advanftges of any kind. Faith in the virtues of amulets was almost univer- sal in the ancient world, so that the whole art of medicine consisted in a very considerable degTce of directions for their application; and in propor- tion to the quantity of amiilets preserved in our col- lections of antiquities, is the frequent mention of them in ancient treatises on natural history, on the practice of medicine, and on the virtues of plants and stones. Some of the amvdets in our museums are merely rough, unpolished fragments of such stones as amber, agate, camelian, and jasper; oth- ers are wrought into the shape of beetles, quadru- peds, eyes, fingers, and other members of the body. There can be no doubt that the selection of stones, either to be set in rings or strung together in neck- laces, was often made with reference to their repu- ted virtues as amulets. 1. (n., ixii., 468-470.— .aischyl., Sappl., 434.— Theocrit., i., 33.) — 2. ixpvi^^v SistrvKn. Eurip., ris-'.., 464.) — 3. .(Olyrap., riii., 92.) — 4. (Liv., xxirii., 40.)— 5. (s ir, Avilid N6nif.)—6. 'Deut., vi., 8 ; li.. 18.) The following passages may eit ppUfy the use ol amulets in ancient times. Pliny' says, that any plant gathered from the bank of a brook or rivci before sunrise, provided that no one sees the person who gathers It, is considered as a remedy for tertian a.gue when ted (adaUzgata) to the left arm, the pa- tient not knowing what it is; also, that a person may be immediately cured of the headache by the application of any plant which has grown on the head of a statue, Provided it be folded in the shred of a garment, and" tied to the part affected with a red string. Q.. Serenus Sammonicus, in his poem on the art of healing, describes the following charm, which was long celebrated as of the highest repute for the cure of various diseases : Write ainacadaira on a slip of parchment, and repeat the word on oth- er slips, with the omission of the last letter of each preceding slip, until the initial A alone remains. The line so written will assume the form of an equilateral triangle. Tie them logetner, and sus- pend them from the neck of the patient b;, means of linen thread. According to the scholiast on Juvenal," athletes used amulets to ensure victory {niceteria phyUicieria), and wore them suspended from the neck ; and we learn from Dioscorides' that the , efficacy of these applications extended beyond the classes of living creatures, since selenite was not only worn by wom- en, but was also tied to trees, for the purpose of ma- king them fruitful. Consistently with these opinions, an acquaintance with the use of amulets was considered as one of the chief qualifications of nurses. If, for example, an attempt was made to poison a child, if it was in danger of destruction from the evil eye, or exposed to any other calamity, it was the duty of the nurse to protect it by the use of such amulets as were suited to the circumstances.' From things hung or tied to the body, the tern: amulet was extended to charms of other kinds. Pliny" having observed that the cyclamen was cul- tivated in houses as a protection against poison, adds the iremark, Amuletum vacant. The following epigram by Lucillius contains a joke against an un- fortunate physician, one of whose patients, having seen him in a dream, " awoke no more, even though he wore an amulet :" 'EpfzoyeVTf rbv larpov i6o)v AtoipavTo^ kv VTrvot^ OvK ct' avriyipBrj, ical nepla/i/ia ipepov. *AMYG'DALUS (op.vy6a?ijj), the Almond-tree, or Amygdalms commimis. The Almond-tree is a na- tive of Barbary, whence it had not been transferred into Italy down to the time of Cato. It has, how- ever, been so long cultivated all over the south of Eu- rope, and the temperate parts of Asia, as to have become, as it were, naturalized in the whole of the Old World from Madrid to Canton. For some re- marks on the AmygdaMs Persica, or Peach, vid. Persica.' *AMa'MON {auufiov), a plant, and perfume, with reg:ard to which both commentators and botanical writers are very much divided in opinion. Scaliger and Cordus make it the Rose of Jericho (Rosa Hie- ndiimtUa of Bauhin; Anaslaiica hierichuniica of Lin- nasus ; Bwnias Syriaca of Gartner) ; Gesner takes it for the Pepper of the gardens (the Solawum bacciferwm of Toumefort ); Caesalpinus is in favour of the Piptt Cubeba; and Plukenet and Sprengel, with others, ol the Cissus vitiginea. The most probable opinion is that advanced by Fte, who makes the plant in ques- tion the same with our Amomum racemosumi. The Romans obtained their amomum from Syria, and it came into the latter country by the overiand trade from India.' It is said to have been used by the Eastern nations for embalming ; and from this word 1. (H. N., xxiT., 19.)-2. (iii., 68.)— 3. (Lib. t.)— 4. (Horn., Hymn, in Cer., 227.— Oiph., Lilh., 222.)— 5. (Pliu., H. N., m„ 9.)— 6. (Dioscor., i., 176.)— 7. Fte, Flore (te Virgile, p. 16.) 55 ANACRISIS. ANAGYRIH some have derived, though by no means correctly, the term miimmy. The taste of the grains of amo- mum is represented by Charras as tart, fragrant, very aromatic, and remaining a good while in the mouth.' The name amomum is supposed to come from the Arabic /ikam&ma, the ancient Arabians having been the first who made this aromatic known ic the Greeks. The root of the Arabic term has mference to the warm taste peculiar to spices. The Crtrdamums, grains of Paradise, and mellagetta pep- p'.r of the shops, a class of highly aromatic pungent seeds, are produced by different species oi amomum, as botanists now employ the tenn.° ANA'BOLEUS {uva6o?iEic). As the Greeks were unacquainted with the use of stirrups, they were ac- customed to mount upon horseback by means of a slave, who was termed avaOoTiev; (from uva6d?i,- keiv'). This name was also given, according to some writers, to a peg or pin fastened on the spear, which might serve as a resting-place to the foot in mountinsr *h'i horse.* ANA&ALUPTE'RIA. {Vid. Maruiacb.) ANAKEI-i or ANAKEI'ON {uvuKeia or avd- Ksiov), a festival of the Dioscuri, or 'AvaKrec, as they were called, at Athens. Athenasus' mentions a temple of the Dioscuri, called 'Avuktciov, at Ath- ens ; he also informs us^ that the Athenians, prob- ably on the occasion of this festival, used to prepare for these heroes in the Prytaneum a meal consist- ing of cheese, a barley-cake, ripe figs, olives, and garlic, in remembrance of the ancient mode of liv- ing. These heroes, however, received the most distinguished honours in the Dorian and Achaean states, where it may be supposed that every town -(.elebrated a festival in their honour, thtiugh not un- der the name of 'Xviiccia. Pausanias' mentions a festival held at Amphissa, called that of the uvu-ktuv Kaidav ; but adds that it was disputed whether they were the Dioscuri, the Curetes, or the Cabiri. (See DioscuBiA.) ANAKEI'MENA. (VM. Donaria.) ANAKLETE'RIA (uvaic'^iiT^pia) was the name of a solemnity at which a young prince was pro- claimed king, and at the same time ascended the throne. The name was chiefly applied to the ac- cession of the Ptolemaic kings of Egypt.' The prince went to Memphis, and was there adorned by the priests with the sacred diadem, and led into the Temple of Phtha, where he vowed never to make any innovations either in the order of the year or of the festivals. He then carried to some distance the yoke of Apis, in order to be reminded of the sufferings of man. Rejoicings and sacrifices con- cluded the solemnity." AN AKONi'lDE (uvaKoiuSij). When an individual had died in a foreign country, it was not unusual for his fellow-citizens or relatives to remove his ashes or body to his own country, which was called uvano/itd^. Thus the dead body of Theseus was removed from Scyros to Athens, and that of Aris- tomenes from Rhodes to Messenia. ANA'CRISIS (uvd/cp4(j(f), the pleadings prepara- tory to a trial at Athens, the object of which was to determine, generally, if the action would lie (cfEra- (ovai iSe nal el 5Xuc Aadytiv xp7)-'° The magis- trates vyere said avaKpivecv ttiv SUtjv, or tov; dv- TidUuv;, and the parties dvaKpivtadai. The pro- cess consisted in the production of proofs, of which there were five kinds : 1 . the laws ■ 2. written doc- uments, the production of which, by the opposite party, might be compelled by a dU'^ cic ijK^avCrv Karaaraatv ; 3. testimonies of witnesses present ( liaprvplai), or affidavits of absent witnesses {tK- 1. (Koyal Pharmncop., p. 139.)— 2. (F6e, 1. c.)— 3. (Xen.,De Ro Eq., vi., 12.— Id, Hipp., i., 17.— Appian., Pun,, 106.)— 4. (Xen., De Re Eq., vii., 1.)— 5. {-ri., p. 235.)— 6. (iv., p. 137.)— T. (I., 38, 3.)— 8. (?olyh., Reliq., iviii., 38; xrviii., 10.)— 9. n>iod. Sic, Frag., hb. xix.) — 10. 'Tlarpocrat., s. v.) MpTvpiaL) ; 4. depositions of slaves extorted by the rack; 5. the oath of the parties.' All these proofs were committed to writing, and placed in a box se- cured by a seal (txlvof) till they were produced al the trial. The name dvuKpcaK; is given to the plead- ings, considered expressly as a written document, in Isajus.^ If the evidence produced at the anacrisw was so clear and convit.cing that there could nol remain any doubt, the magistrate could iecide tct question without sending the cause to be tried bt- fore the dicasts : this was called SiafiapTvpia. In this case, the only remedy for the person agaioji whom the decision was given, was to bring ah ac. tion of perjury against the witnesses {ipevSojiap'yh puv d'lKTi). These pleadings, like our own, were liable to vexatious delays on the part of the liti- gants, except in the case of actions concerning mer- chandise, benefit societies, mines, and dowries, which were necessarily tried within a month from the com- mencement of the suit, and were therefore called Ifi/iTivot iUai. The word uvuKpiaig is sometimes used of a trial in general (^lyrf' fie uynpiciv iWelv}) The archons were the proper officers for the dvd- Kptaig : they are represented by Minerva, in the Eumenides of jEschylus, where there is a poetical sketch of the process in the law courts.' {Yitl. Antigkaphe, Antomosia.) For an account of the uvdnpiaif, that is, the examination which each ar- chon underwent previously to entering on oflice, see the article Archon. ANADIK'IA. (Ftrf. Appellatio.) *ANAGALLTS (dvayaWig), a plant, of which Dioscorides and Galen describe two species, thei male and the female, as distinguished by their flow-'| ers, the former having a red flower, and. the latter a blue. These are evidently the ATmgaUis Arveiws and Ctervlea, the Scarlet and Blue Pimpernels.* ANAGNOS'TES. {Vid. Xcroamj..) ANATHTHS AI'KH {dvayuyfji 6'ucri). If an in- dividual sold a slave who had some secret disease! — such, for instance, as epilepsy — without informing the purchaser of the circumstance, it was in tlie power of the latter to bring an action against Ihe vendor within a certain time, which was fixed liy the laws. In order to do this, he had to report (dvdyeiv) to the proper authorities the nature of the disease, whence the action was called uvayayfjt: SIkt]. Plato supplies us with some information on this action; but it is uncertain whether his remarks i apply to the action which was brought in the Athe- nian courts, or to an imaginaiy form of proceed- ■ ing.' ANAGO'GIA {dvayijyia), a festival celebrated at Eiyx, in Sicily, in honour of Aphrodite. The in- habitants of the place believed that, during this fes- tival, the goddess went over into Africa, and that alt the pigeons of the town a»id its neighbourhood like- wise departed and accompanied her.' Nine days afterward, during the so-called Karayuyta (return), one pigeon having returned and entered the temple, the rest followed. This was the signal for general rejoicing and feasting. The whole district was said at this time to smell of butter, which the in- habitants believed to be a sign that Aphrodite had returned.' *ANAG'YRIS (.dvdyvpt;), a shrub, which Nican- der'" calls "the acrid Onogyris." It is the Anagy- risfetida, L., or Fetid Bean-trefoil. Hardouin says its French name is Bois pua,nt. According to La- mark, it is a small shrub, having the port of a Cyti- sus, and rising to the height of five or seven feet.'' 1. (Aristot., Rhet., I., IV., 2.)— 2. (Sehol. in Aristoph., Vesp., 1430.)— 8. (De Aristarch. Hraed., p. 79, 11.)— 4. (^sohyl., Eumen., 355.) — 5. (Muller, Eumeniden, ^ 70.)— 6. rDioscor., ii., 209. — Adams, Append., a. v.;— 7. (Plato, Legg., xi., 2, p 916. — Ast in Plat., 1. c— Meiev, Att. Process, p. 525.) — 8 (.ailian, V. H., i., 14.— Athenasu.s, ix., p. 394.^-9. (Athsnsut ix., p. 395.)- 10. (Theriac, 71 )-ll. (Dioacor , «• . 158 -A* amp, Append., a. t ) JLNCILE ANA'RRHUSIS. (Tirf. Apathkia.) ♦ANAS {v^aaa or vijTTa), the genus Duck. The xncients must have been well acquainted with many species of Duck; but, from the brief notices they have given of them, we have now great difficulty in recogEisinsf these. 1. The fSoanas is described by Aristotle' as being like the vijaaa, but a little smaller ; it may therefore be supposed a mere va- riety of the Anas Boscas, or Wild Duck. 2. The QuerquedtUa of Varro is referred by Turner to the species of duck called Teal in England, namely, ibn Anas crecca, L. 3. The Tn/veiloi/), which is enu- luerated by Aristotle'' among the smaller species of > of a cup or drinking- vessel ; also, the handle of a rudder, called by us the tiller.' Ennius speaks of the ansa or handle of a spear : " Haslis ansatis con- cwrrunt undique iclis."'' " Ansatas miUunt e iurrilru' hastas.'" The ansa must have been different from the amentum of a spear. Perhaps it was a rest for the hand, fixed to the middle of the shaft, to assist in throwing it. On this supposition, the Iiasta ansata of Ennius was the same with the iicBu.yKv7i.ov ni dopv dyKvlriTov of Greek authors.' Euripides calls the same weapons simply Ky/ciAof." Xenophon, speaking of the large arrows of the Carduchi, says that his soldiers used them as darts (d(c6i/Tjoif), by fixing the (iy/cti/l)? upon them {hayav- iuiTEf)." Plutarch" relates that Alexander thu Great, observing one of his soldiers to be attaching the uyKv?i.7j to his dart (ro ukovtiov hjayKvXovfievov), obliged him to leave the ranks, for preparing his arms at a moment when he ought to hare had them ready for use. These authorities show that the ayKvlv was something fastened to the dart, about the middle of the shaft, before the engagement com- menced. That it was crooked, or curved, may be concluded from the term itself; and, if so, it would ■agree with, the Latin ansa, a handle, though not witli amentum, which was a leather thong fastened to the same part of the lance. ( Vid. Amentum;) *ANSER (otv), the Goose. Aristotle briefly de- scribes two species, the Great and the Small grega- rious goose." The latter, no doubt, is the Brenl Goose, or Anas Bernicula. The other cannot be sat- isfactorily determined ; but it is not unlikely that il was the Anas anser. Dr. Trail, however, is inclined , rather to think that it was the Anas .iSgypiiaca, or Sacred Goose of Egypt.'* ANTjE (napanTuScg), square pillars {quadra- co- Imrma, Nonius). They were commonly joined to the side walls of a building, being placed on each side of the door, so as to assist in forming the por- tico. These terms are seldom found except in the plural, because the purpose served by antse required that, in general, two should be erected corresponding to each other, and supporting the ex- tremities of the same roof. Their position, form, and use will be best tmderstood from the following ■ woodcut, in which A A are the antse. Vitruvius" describes the temple in amis (voof h vapaoToai) to be one of the simplest kind. It had, as he says, in front, antoe attached to the walls which enclosed the cella; and in the middle, be- tween the antse, two columns supporting the archi- trave. According to him," the antae ought to be of the same thickness as the columns. The thref spaces (intercolumnia) into which the front of iht 1. (Cic, pro, Dom., c. 17.)— 2. (Liv., li., 62.)— 3. (Lit . iivi. 3.)— 4. (Tacit., Ann., iii., 12.)— 5. (Liv., vi., 20 ; viii., 3S.)— « (Vitruv., I., 8.)— 7. (Ap. Macrob., Satnm., ,vi., 1.)— 8. (Ap Nunium.)— 9. (AtheniBus, xi.— Eurip., Phffin., 1148.— Androm | 1133. — Schol. in loc. — Menander, p. 210, ed. Meinelte. — GeU I X., 25.— Festus, s. y. Mefancilium.)— 10. (Orest., 1477.)— U 1 (Anab.,iv.,2, 4 28.)— 12. (Apophth.)— 13. (Alisttf,, , H. A., Tin ' 5.) — 14. (Adams, Append., s. V.) — 15. (iii., 1.) — IB (iv., 4> ANTEAMBULONES. AHTEFIXA. pionaos was divided by the two columns, were sometimes occupied by marble balustrades, or by some kind of rails, with doors or gates. The ruins of temples, corresponding to the description of Vitru- vius, are found in Greece and Asia Minor; and we here exhibit as a specimen a restoration of the tont o< tne temple of Artemis Propylaea at Eleusis, IOBclt>»i with a plan of the pronaos ; m M B § r^ ^ 1 A A. the anla ; B B, the cella or vaof : O, the altar. Aii ancient inscription respecting the temple of fecrajpis at Pnteoli, contains the following direction fo add antsB to one of the walls: Ex. eo. pariete. ANITAS. DUAS. AD. MARE. VORSUM. PROJICITO. LONGAS. t. 17. CRASSAS. F. I. When Neoptolemus is attacked by Orestes in the vestibule of the temple at Delphi, he seizes the arms which were suspended by means of nails or pins from one of the antae (iropairradof KpsjiaaTu}), takes his statir.n upon the altar, and addresses the people in his own defence. In two other passages, i2uripides uses the term by metonymy, to denote either the pronaos of a temple' or the vestibule of a oalace ;' i. e., in each case the portico, or space en- dosed between the antse.* From parastas came the adjective parastaticus, and hence we find parastaiica employed as the term for a pilaster, which may be considered as the section of a square pillar attached to the wall of a building. The beams of a ceiling were laid upon three kinds of supports, viz., columns, antse, and parastaticse or pilasters.' ♦ANTACaSirS (uvTuifofof), a variety of the Act- penser Huso, or Isinglass Fish. This would appear to be the ijsh of whose name a poet in Athenseus complains that it was inadmissible into heroic verse.' ANTEAMBULO'NES were slaves who were accustomed to go before their masters, in order to make way for them through the crowd.' They usually called out date locum domino meo; and if this were not sufficient to clear the way, they used their hands and elbows for that puipose. Pliny relates an amusing tale of an individual who was roughly 1. (Eurip., Audrom., 1098.)— 2. (Iph. in Taur., 1126.)— 3. (Phcen., 427.) — 4. (VM; Cratini, Fragm., eel. Runkel, p. 16.— Xen., Hier., xi. — Schneider, , Gr.-Deutsch. HandwiSrterbuch. — Id., Epim. in Xen., Mem., p. 277 .^Id., in Viti-uv., vi., 7, 1.) — 5. rVitrm., W., 2, p. 94 ; v., i., p. 116, 117, ed. Schneider.— Plin., — iii., 15.)— 6. (AtheniBus, vii., p. 284, e.— Schweigh. in loc. ; eiisn, N A, liv., 23.)— 7 (Suet., Vesp., c 2.) handled by a Roman knight, because las tlave bsA presumed to touch the latter in order to make way for his master.' The term anteamMloncs was alsc given to the clients, who were accustomed to walk before their patroni when the latter appe:ired in public." ANTECESSO'RES, called also ANT EC II R. SO'RES, were horse-soldiers, who were accustom- ed to precede an army on march in order tn u.ca/i!< a suitable place for the camp, and to make the DO- cessary provisions for the army. Thev do not ap- pear to have been merely scouts, like" the svecula- tores.' This name was also given to the te'acheis of the Roman law.* ANTECCENA. (Firf. Cojna.) ANTEFIXA, terra-cottas, which exhibited var»- ous ornamental designs, and were used in architec- ture to cover the frieze (zophorus) of the entablatur.;. These terra-cottas do not appear to have' been used among the Greeks, but were probably Etruria n in their origin, and were thence taken for the dec i- ration of Roman buildings. Festus describes thesn in the following terms : Antefixa gua ex opcrefigu&io tedis adfigurUur sub siiUicidio. The name mdejixa is evidently derived from tiie circumstance that they were fixed before the build- ings which they adorned; and the manner of fixing them, at least in many cases, appears from the le- mains of them still existing. At Scrofano, suppos>rd to be the ancient Veii, they were found fastened to the frieze with leaden nails. At Velletri, formerly a city of the ^'ilsci, they were discovered (see lie following woodoM) with holes for the nails to pa ss through. They were formed in moulds, and thtn baked by fire, so that the number of them might be increased to any extent ; and copies of the same d B- sign were no doubt frequently repeated on the sanie frieze. Of the great variety and exquisite beauy of the workmanship, the reader may best form tii- idea by inspecting the collection of them in the Brit- ish Museum, or by studying the engravings and (de- scription of that collection published by Dr. Taylo. Combe. The two imperfect antefixa here represented trs. among those found at Velletri, and described by Carloni {Ro'ina, 1785). The first of them must have formed part of the upper border of the frieze, or, rather, of the cornice. It contains a panther's head, designed to serve as a spout for the rain-water to pass through in descend- ing from the roof ■ Similar antefixa, but with comic masks instead of animals' heads, adorned the Tem- ple of Isis at Pompeii." The second of the above specimens reprercDts two men who have a dispute, and who come befora the sceptre-bearing kings or judges to have Iheil cause decided. The style of tliis bas-re^.ief indi- cates its high antiquity, and, at the same timo, 1. (Ep. iii., 14, sub fin.)— 2. (Martial, ii., 18 ; iii., 7 ; x , 74.J — 3. (ffirt., Bell. Afr., 12, who spealcs of speculalores et ante ceHsores equite*. — Suet., Vitell., 17. — Ca3S., B. G., v., 47.) — 4 (Cod. 1, tit. 1", s. 2, ^ 9, 11 )— 5. (Pompeii, Loud., 1836, to) i, p. 281.) 61 ANTENNA. proves that tne Volsci had attained to considerable taste in their architecture. Their antefixa are re- markable for being painted : the' ground of that here repi esented is blue ; the hair of the six men is black or b rown ; their flesh red ; their garments white, yel- low, and red : the chairs are white. The two holes may be observed by which this slab was fixed upon the building. Cato the Censor complained that the Romans of bis time began to despise ornaments of this descrip- tion, and to prefer the marble friezes of Athens and Corinth.' The rising taste which Cato deplored may account for the superior beauty of the antefixa preserved in the British Museum, which were dis- covered at Rome. A specimen of them is here given. It represents Minerva superintending the c»/iisi Tjction of the ship Argo. The man with the haaiiiier and chisel is Argus, who built the vessel or.lr,r he) direction. The pilot Tiphys is assisted "• iJ~ U 11 taching the sail to the yard. The bor- a.- „5 ,1. .he top and bottom are in the Greek style, M ' are extremely elegant. Another specimen of ti i antefixa is given under the article Anttx. ANTENNA {Kspaia, Kepa^), the yard of a ship. The ships of the ancients had a single mast in the middle, and a square sail, to raise and support which a tranverse pole or yard was extended across the mast not far from the top. In winter the yard was let down, and lodged in the vessel or taken on shore. " Effugit hijbemas demissa anterma procelUzs."' When, therefore, the time for leaving the port ar- rived, it was necessary to elevate the yard, to which the sail was previously attached. For this purpose a wooden hoop was made to slide up and down the mast, as v/e see it represented in an antique lamp, made in the form of a ship.' To the two extremi- ties of the yard (cornua, iiKpoKcpaiai) ropes were at- tached, which passed over the top of the mast ; and oy means of these ropes, and the pulleys (fo-ocAfee) COBL ~."u^ with them, the yard and sail, guided by the hoop, were hoisted to a sufficient height. The Rail was then unfurled, and allowed to fell to the deckof the vessel.* Ca;sar infoims us' that, in order to destroy the fleet of the Veneti, his soldiers made use of sharp riJkles fastened to long poles. With these they cut fie Topes {fwnes) by which the yard of each ship wa.'' suspended from the mast. The consequence was, that the yard, with the sail upon it, immediately fell, and the ship became unmanageable. These rop€B appear to have been called in Greek xepoixoi, uieiiee in Latin mmmi ceruchi.' Bssides the ropes already mentioned, two others 1. (Liv., xixiT., 4.)— 2. (Ovid, Trist., m., it., 9.)— 3. (Barto- ti, Lucem., iii., 3K — Compare Isid., Hisp. Orig., xx., 15.)— 4. (Val. Flacc i , 31 1— Oiml, Met., ii., 477.)— 5. (B. G., iii., 14.) -t. (Lncan^ rici., 177.— Val. Flacc.^ i.. 469.) ANTHERICUS. nung from ihe horns of the antenna, the use of whicji was to turn it round as the wind veered, so as to keep the sail opposite to the wind. This operation is technicaUy described by Virgil in the fc.lowing Une: " Comita velatarum obveitimvs wnUnnv/rurti."'' And more poetically where he uses brackia for urn- terms, and adds, " Una, ardua tarfueni CotvAui, U^ torquentqm."' When a storm arose, or when the port was e.V tained, it was usual to lower the antenna {demittere, KaBtXeaeai, v£meter and Persephone, in commemoration of the "^liim of Persephone to her mother in the beginning ot spring. It consisted in gathering flowers and i*inirg garlands, because Persephone had been ear- ned off by Pluto while engaged in this occupation." Btraljo" relates that at Hipponium the women cele- hratcd a similar festival inTionour of Demeter, which was probably called anthesphoria, since it was de- rived from Sicily. The women themselves gather- ed the. fiowers for the garlands which they wore on the occasion, and it wotdd have been a disgrace to buy the flowers for that purpose. Anthesphoria were also solemnized in honour of other deities, especially in honour of Juno, surnamed 'Xvdeia, at Argos,* where maidens, carrying baskets filled with flowers, went in procession, while a tune called IspuKiov was played on the flute. Aphrodite, too, was worshipped at Cnossus, under the name 'Kv- 6ua,^ and has therefore been compared with Flora, the Roman deity, as the anthesphoria have been with the Roman festival of the flonfertum. AJJTHESTE the magistrates that had official cognizance ot tli* particular subject, such as the strategi in cases 0/ trierarchy and rating to the property-taxes, and the archon in those of choregia; and to the tribunal of such an officer it was the first step of the challenger to summon his opponent." It may be presumed that he then formally repeated his proposal, and thai the other paTty stated his objections, whifh, if obvi- ously sufficient in law, might perhaps authorize the magistrate to dismiss the case ; if otherwise, the legal resistance, and preparations for bringing the cause before the dicasts, would naturally begin here. In the latter case, or if the exchange were accepted, the law directed the challenger to repair to the houses and lands Of his antagonist, and secure him- self, as all the claims and liabilities of ;the estate were to be transferred, from fraudulent encumbran- ' ces of the real property, by observing what mortgage placards {6poi), if any, were fixed upon it, and against clandestine removal of the other effects, by sealing up the chambers that contained them, ahd, if he pleased, by putting bailiff's in the mansion.* His opponent was at the saine time informed that he was at liberty to ideal iii like manner with the es- tate of the challenger, and received notice to attend the proper tribunal on a fixed day to take the usual oath. The entries here described seem, in contem- plation of law, to have been a complete eflectuation of the exchange,'' and it does not appear that . pri- marily there was any legal necessity for a farther ratification by the dicasts ; but, in practice, this must always have been required by the conflict of inter- ests between the parties. The next proceeding was the oath, which was taken by both parties, and pur- ported that they would faithfully discover all their property, except shares held in the silver mines at Laurion; for these were not rated to leiturgiae or property taxes, nor, consequently, liable to the ex- change. In pursuance of this agreement, the law enjoined that they should exchange correct accounts of their respective assets (awo^uffcif ) within three days 5 but, in practice, the time might be extended by the consent of the challenger. After this, if the mat- ter "were still uncompromised, it would assume the shape and follow the course of an ordinary lawsuit ( Vid. Dike), under the conduct of the magistrate within whose jurisdiction it had originally come. The verdict of the dicasts, when adverse to the challenged, seems merely to have rendered impera- tive the first demand of his antagonist, viz., that he should submit to the exchange, or undertake the charge in question ; and as the alternative was open to the former, and a compromise might be acceded to by the latter at any stage of the proceedings, we may infer that the exchange was rarely, if ever, finally accomplished.' The irksomeness, however, of the! sequestration, during which the litigant was precluded from the use of his own property, and dis- abled from bringing actions for embezzlement and the; like against others (for his prospective reim- bursement was reckoned a part of the sequestrate, estate'), would invariably cause a speedy — perhaps, 1. (Demosth. in Pliaeriipp., init.)— 2. (BSckh, Pub. Econ. of Athens, vol. ii., p. 369.)' — 3. (Demosth. in Phaenipp., p. 1040. — Meier, Att. Process, p. 471 ;' TrpocKaXci&Oal tiva sU AvTidbotv Lysias, feirf/j roij 'Aouvtfrou, p. 745.) — 4. (Demosth in Vhm- nipp., p. 1040, seq.) — 5. (Demosth. in Mid., p. 540; i'l Phae- nipj)., p. 1041, 25.)— 6. (BOclch, Econ. of Athens, vol. ,1., p 370 1 — 7. (Demosth. in Aphob., ii., p. 841 ; in Mid., p. 540.) 63 ANTIGRAPHE. in most cases, a fair — adjuslrneiit of the burdens ; j- ;ident to the condition of a wealthy Athenian. ANTIGR'APHE {uvTiypa^) originally signiiied .he writing put in by the defendant, in all causes, «rhether public or private, in answer to the indict- aient or bill of the prosecutor. Prom this significa- tion it was applied, by an easy transition, to the sub- stance as well as the form of the reply, both of which aru also indicated by. avrafioaia, which means pri- mari'.y the oath corroborating the statement of the aociiSKii. Hacpocration has remarked that anti- 3ra])ht )r ight denote, as antomosia does in its more exhjnded appKcation, the bill and affidavit of either paity; aud this remark seems to be justified hy a passage of Plato.' Schomann, however, main- tains" that antigraphe was only used in this signi- fication in the case of persons who laid claim to an unassigned inheritance. Here neither the first nor any other claimant could appear in the character of a prosecutor ; that is, no Sikji or eyK'Ajnia could be strictly said to be directed by one competitor against another, when all came forward voluntarily to the tribunal to defend their several titles. This circum- stance Schomann has suggested as a reason why the documents of each claimant were denoted by the term in question. Perhaps the word "plea," though by no means a coincident t;- - in, may be allowed to be a tolerably proximate rendering of antigraphe. Of pleas there can be onlv two kinds, the dilatory, and those to the action. The former, in Attic law, comprehends all such allegations as, by asserting the incompetency of the court, the disability of the plaintiff, or privi- lege of the defendant and the like, would have a tendency to show that the cause in its present state could not be brought into court (/ih elaajdyi/iov elvat TTjv 6iiiiiv) : the latter, everytliing that could be adduced by way of denial, excuse, justification, and defence generally. Itmustbe, at the same time, .1 apt in mind, that the process called " special plead- fcig" ■« as at Athens supplied by the magistrate hold- iiig »he anacrisis, at which both parties produced ihcw allegations, with the evidence to substantiate &Bm; and tl-q,t the object of this part of the pro- ceedings was, under the directions and with the as- sistanoe of the magistrate, to prepare and enucleate ihe question for the dicasts. The following is an instance of the simplest form of indictment and plea : " ApoUodorus, the son of Pasion of Achamse, against Stephanus, son of Menecles of Achamoe, for perjury. The penalty rated, a talent. Stephanus bore false witness against me when he gave in evi- dencf; the matters in the tablets. Stejphanus, son of Menecles of Achamse. I witnessed truly when I gave in evidence the things in the tablet."' The E leadings might be altered during the anacrisis ; ut, once consigned to the echinus, they, as well as all the other accompanying documents, were pro- tected by the olficial seal from any change by the litigants. On the day of trial, and in the presence of the dicasts, the ecmnus was opened, and the plea was then read by the clerk of the court, together with its antagonist bill. Whether it was preserved afterward as a public record, which we know to have been the case with respect to the ypa^i; in some causes,* we are not informed. From what has been already stated, it will have been observed that questions requiring a previous decision would frequently arise upon the allega- tions of the plea, and that the plea to the action in particular would often contain matter that would tend essentially to alter, and, in some cases, to re- Terse the relative positions of the parties. In the first case, a trial before the dicasts would be granted by th'? magistrate whenever he was loath to incur the rosponsibiUty of decision ; in the second, a cross- ANTLIA. actiOE might be instituted, and carriei on separaie ly, tho igh perhaps simultaneously with the original suit. Cases, also, would sometimes occur, m which the defendant, from considering the indictment as an unwarrantable aggression, or, perhaps, one best repelled bv attack, would be tempted to retaliate upon some' delinquency of his cpponent, utteriy un- connected with the cause in hand, and to this he would be, in most cases, able to resort. An in- stance of each kind will be briefly given by citing the common Tcapaypa^ as 3 cause arising upon a dilatory plea ; a cross-action for assault [a'tKiar] upon a primary action for the same ;' and a Soki- l^aaia, or "judicial examination of the life or mor- als" of an orator upon an impeachment for miscon- duct ill an embassy (^TvapanpeaSeia).' All causes of this secondary, nature (and there was hardly one of any kind cognizable by the Attic courts that might not occasionally rank among them) were, when viewed in their relation with the primary action, comprehended by the enlarged signification of anti- graphe ; or, in other words, this term, inexpressive of form or substance,, is indicative of a repellant or retaliative quality, that might be incidental to a great variety of causes. The distinction, however, that is implied by antigraphe was not merely verbal and unsubstantial ; for we are told, in order to pre- vent frivolous suits on the one hand, and unfair elu- sion upon the other, the loser in a paragraphe, or cross-action upon a private suit, was condemned by a special law to pay the inuBella (vid. Epobe lia), ratable upon the valuation of the main causB, if he failed to obtain the votes of one fifth of the jury, and certain court fees {Trnvravsla] not ori- ginally incident to the suit. That there was a sim- ilar provision in public causes we may presume from analogy, tliough we have no authority to deter- mine the matter.' ANTIGRAPHEIS {uvrtypafeti) were publii! clerks at Athens, of whom there were two kinds The first belonged to the pov?-^ : his duty was t« give an account to the people of all the moneys paid to the state. ("Of /cap' tKduTijv TrpvTavelav uwe^o- yi^ero tu( irpomSov; tu d^/ia.*) In the time of jEschines, the dvTiypa(pevs rrjs (Sou^^f was ;fE(po- Tov^Tof ;' but in later times he was chosen by lot.' The second belonged to the people, and his duty was to check the accounts of the public ofiicers, such as the treasurers of the sacred moneys, of the war taxes, &c. (Airroi di fiaav uvTi-ypa/>ivov or uvTifif,i!;ov}ra plant, which Sprengel makes the same with ths AniiirMnwn Orontium. Hardouin calls it by its French name of Mufle de vemi, or Calf's Snout, bt.t Stephens and Matthiolus by that of Mouron zioki. Its ordinary name in English is SnapdragmO* ANT'LIA {uvrTita), any machine for raising wa- ter; a pump. 1. (Apolog. Socr., p. 87, n.)— S. (Alt. Process, p. 465.)_3. tDciu:«th. in Steph.,i., 1115.)— 4. (Diog. Laert., lii., c. 5, s. 19.) 64 1. (Demosth. in Ev. et Mnesib., p. 1153.)— 2. (jEseh. il Timarch.)— 3. (Meier, Att. Process, p. 652.) — 4. (.^sch. adv Ctes., 0. ll,p. 375.)— 5. (JEsch., 1. c.)— 6. (Pollux, Onom.,tliii 8, ^ 12.) — 7. (Harpocrat., s. v.) — 8. (.ffil. Spartiajius, Ifadr., Gi U.— Dion., Ixix., 10.— Pons., Tiii., 9, « 4.)— 9. (Dioscor., t , 141 . — Adams, Append., s. v.) — 10. (Theophrast ,H. P., ix., 15.— IHj oscor., iv., 131. — Adams, Append., 8. v.) ft ANTLIA. ANTYX The annexed fijfure shows a machine which is still used on ihe river Eissach, in the Tyrol, the an- cient A'agis. As tne current puts the wheel in mo- tion, the jars on its margin are successively im- nersed and filled witn water. When they reach Ihe top, the centrifugal force, conjoined with their oblique position, sends the water sideways into a trough, from which it is conveyed to a distance, and chiefly used for irrigation. Thus, by the incessant action of the current itself, a portion of it is every instant rising to an elevation nearly equal to the di- ameter of the wheel. Luciolius' mentions a machine constructed on this principle ; " Utflv/oios versara rotas alque hauslra videmMs." The line is quoted by Nonius Marcel- lus," who observes that the jars or pots of such wheels (rotarum cadi) are properly called " lumstra ab hauriendo," as in Greek they are called avr/lm. In situations where the water was at rest, as in a pond or a well, or where the current was too slow and feeble to put the machine in motion, it was so constructed as to be wrought by animal force, and slaves or criminals were commonly employed for rhe purpose. Five such machines are described by Vitruviits, in addition to that which has been al- ready explained, and which, as he observes, was turned sine opsrarum cdkatura, ipsiusfluminis impuisu. These five were: 1. the tympanum; a tread- wheel, wrought hominiius calcantims: 2. a wheel resem- bling that in the preceding figure, but having, in- stead of pots, wooden boxes or buckets {modioli quadrati), so arranged as to form steps for those who trod the wheel : 3. the chain-pump : 4. the cochlea, or Archimedes's screw ; and, 5. the ctesiMca machina, or forcing-pump.' Suetonius' mentions the case of a man of eques- trian rank condemned to the antlia. The nature of the punishment may be conceived from the words of Artemidorus.' He knew a person who dreamed that he was constantly walking, though his body did not move; and another who dreamed that water was flowing from his feet. It was the lot of each to be condemned to the antlia (ei( uvrTuav KaradiKaa- d^vai), and thus to fulfil his dream. On the other hand, the antlia with which Martial' watered his garden was probably the pole and bucket universally employed in Italy, Greece, and Egypt. The pole is curved, as shown in the an- nexed figure ; because it is the stem of a fir, or some Dther tapering tree. The bucket, being attached to 1. (v., 317.)— a (lib. j.)— 3. (Vitruv., I., c. 4-7.— Driebevff, Pnouin. Erfindangen der Griechoh, p. 44-SO.) — i, (Tibor., 61.) --5. tOneiTOcritioa. i., .'iO,)— fi 'ix., 19.) r the top of the tree, bends it by its weiglit, and i!» tliickness of the other extremity serves as a coimter poise. The great antiquity of this method of raising water is proved by representations of it in Egyptian paintings.' ANTOMOSTA {avTUfioala), a part of the avanpi ciQ, or preliminary pleadings in an Athenian lawsuit. The term was used of an oath taken by both parties ; by the plaintiff, that his complaint was well-founded, and that he was actuated by no improper motives; and by the defendant, that his defence was true. It was also called 6io>iiocia The oath might contain either the direct affirmative or negative, in which case it was called evBvSticia ; o- amount to a demur- rer or napaypaiiTj. The dvru/waia of the two par- ties correspond to our bills or declarations on the one side, and to the replies, replications, or rejoin- ders on the other. ( Vid. Antigraphe.) ANTYX (uvTvf), (probably allied etymologieally to AMPYX) (u/iTTuf), the rim or border of anything, especially of a shield or chariot. The rim of the large round shield of the ancient Greeks was thinner than the jjart which it enclosed. Thus the ornamental border of the shield of Achilles, fabricated by Vulcan, was only threefold, the shield itself being sevenfold.^ In another part of the tliad,'' Achilles sends his spear against jEneas, and 'triker; his shield uvmy' v~b npuTrjv, i. e., "on the outer most border," where (it is added) the bronze v/ai thinnest, and the thinnest part of the ox-hide was stretched over it. In consequence of the great size of this round shield, the extreme border {uvtv^ T!VfidTri*) touched, the neck of the wearer above, and the lower part of his legs below. In the woodcut, in the article Antefixa, we see the uvtv^ on one side of Minerva's shield. On the other hand, the uvtv^ of a chariot must have been thicker than the body to which it was at- tached, and to which it; gave both form and strength. For the same reason, it was often made double, as in the chariot of Juno (Aoiai de vepidpo/ioi uvrvyif dai^). In early times, it consisted of the twigs or flexible stem of a tree (opTn^Kec"), which were polish- ed and shaped for, the purpose. Afterward, a splen- did rim of metal formed the summit of the chariot,- especially when it belonged to a person of wealth and rank. In front of the chariot, the avrv^ was often raised above the body, into the form of a curvature, which served the purpose of a hook to haag the reins upon when the charioteer had occasion to leave hi." vehicle.' Hence Euripides says of Hippoiy^as, who had just ascended his chariot, Jilupiiret dex^paiv jjvlag inf uvTvyoq^.^ On Etruscan and Greek vases, we often see the chariot painted with this appendage to the rim much elevated. The accompanying woodcnt shows it in a simpler form, and as it appears in the Antefixa, engraved in the work of Garloni, which has been already quoted. By Synecdoebs, wrtjf is sometimes used for « chariot, the part being put for the whole.' It is I. ('Wilkinson, Manners and Cust. of Anc. Egypt., ii., 1-4.)— 2. (11., xviii., 479.)— 3. (xx., 275.)— 4. (11., vi., 118.)— 5. ltl.,» 7S8.>— 6. (II., xxi., 38.)— 7. (U., t., 262, 322.)— 8, (U78.)— 9 (Callim.. Hymn, m Dian., 140.) 05 apagoge. also used metaphorically, as when ll is applied by Moschtts' to the lioins of the new moon, and by Euripides= to the frame of a lyre. Likewise the orbits of the sim and planets, which were conceived to be circular, were called uvrvyec aipaviot. The orbit of Mars is so denominated in the Homeric Hymn to Mars ;^ and the zodiac, in an epigram of Synesius, descriptive of an astrolabe.* Alluding to this use of the term, a celebrated philos- opher, having been appointed Prefect of Rome by the Emperor Julian, and having thus become en- titled to ride in a chariot with a silver rim, laments that he was obliged to relinquish an ethereal for a silver uvtv^.^ APAGELOI (u-n-ayeTiOL), the name of those youths nmong the Cretans who had not reached their eighteenth year, and therefore did not belong to any uyiATj. (Vid. Agele.) As these youths usually lived in their father's house, they were called gkotIoi.' APAGO'&E (airayuy^), a summary process, al- lowed in certain cases by the Athenian law. The lenn denotes not merely the act of apprehending a culprit caught in ipso facto, but also the written inT fcrmation delivered to the magistrate, urging his apprehension.' We must carefully distinguish be- tween the apagoge, the endeixis, and the ephegesis. The endeixis was an information against those who wok upon themselves some office, or exercised some right, for which they were by law disqualified ; or those whose guilt was manifest, so that the punish- ment only, and not the fact, was to be determined; Pollux says that the endeixis was adopted when the accused was absent, the apagoge when he was present. Demosthenes distinguishes expressly be- tween the endeixis and the apagoge.^ "When the com- plainant took the accused to the magistrate, the process was called apagoge; when he led the magis- trate to the offender, it was called ephegesis i in the former case, the complainant ran the risk of forfeit- ing 1000 drachmsB if his charge was ill-founded.' The cases in which the apagoge was most generally allowed were those of theft, murder, ill-usage of parents, &c. The punishment in these cases was generally fixed by law ; and if the accused con- fessed, or was proved guilty, the magistrate could execute the sentence at once, without appealing to any of the. jury-courts; otherwise it was necessary that the case should be referred to a higher tribunal." The magistrates who presided over the apagoge were generally the Eleven (oi ivStKa^'-) ; sometimes the chief archon," or the thesmothetse." The most impcirtant passage with regard to the apagoge'-* is unfortunately corrupt and unintelligible." The com- 1. (ii., 88.)— 2. (Hippol., 1135.)— 3. (l- 8.)— 4. (Brunck, Ant., ri., 440.)^-5. (Theittistius, Bniiickj Atithol.^ii., 404.)— 6. (Schol. ai Eiuip., AlcesC.,' 1009.) — 7. (Suidas :- -' AiraYbiyfl' nfivvaig ey- ypa. disia are mentioned in these places, we have no reason to doubt their existence : we find them ex- pressly mentioned at Corinth and Athens, where they were chiefly celebrated by the numerous pros- titutes.' Another great festival of Aphrodite and Adonis, in Sestus, is mentioned by Musaeus.* ♦APIASTELLUM, the herb Crmv-foot, Gold Knap, or Yellow Craw. It is the same with the BairacUum and Apium rusticum.'' This same name is also applied sometimes to the Brimy. Humel- bergius, however, thinks that in this latter case. Apiasielhtm is corrupted from Ophiostaphyle, which last is enumerated by Dioscorides among the names of the Briony.^ *APIASTER, the Bee-eater, a species cf bird. (Vid. Merops.) ♦APIASTRUM. {Vid. Melissophyllum.) ♦AP'ION {uTziov), the Pyrus communis, or Pear- tree.' {Vid. Pyrus.) *AP'I0S («mof), a species of Spurge, the Eu- phorbia apios.* *APIS (jieliaaa or -Itto), tlie Bee. "The natural history of the common hive-bee {Apis mellifica} is so remarkable, that it need not excite surprise that the ancients were but imperfectly acquainted with it. Among the earliest of the observers of the bee may be enumerated Aristotle' and Virgil," as also Aristomachus of Soli in Cilicia, and PhiUscus the Thasian. Aristomachus, we are told by Pliny, attended solely to bees for fifty-eight years; and Philiscus, it is said, spent the whole of his time ic forests, investigating their habits." Both these ob- servers wrote on the bee. Aristotle notices several other species besides the honey-bee, but in so brief a manner that they cannot be satisfactorily deter- mined." The bee plays an important part among the religious symbols of antiquity, and there ap- pears, according to some inquirers, a resemblance more than accidental between its Latin name and that of the Egyptian Apis.^^ *AP'IUM (atlivov), a well-known plant. Theo phrastus speaks of several sorts : the ai^ivov 7j/ie pov, which is generally thought to be our common Parsley ; the IviroasTuvov, which seems to be what is now called Alesanders ; the i^etoaeXtvov, Wild Celery or Smallage ; and the bpeoai^ivov, or Mount- ain-parsley. Virgil is generally thought by Apiim to mean the first sort, that being principally culti- vated in gardens. Martyn, however, thinks he means the SnMlage, which delights in the banks of rivulets, and 'hence the language of the poet, "mri^ des apio ripee," and "potis gauderevt rims." Fie also makes the Apium of Virgil the same with the Apium graveolens, L., or DkUoaiXivov. Our celery is that variety of the A. ^aveoUns which is called duke by Miller. The wild species has a bitter, acrid taste, and is unfit to eat. — According to the generality of writers, the term apium comes from apis, because bees are fond of this plant. A much better derivation, however, is from lie Celtic apon, 1. (liT., p. 244, ed. Tanchnitz.)— 2. (Hesych., s. v.) — S. (Athenseus, xiii., p. 574, 579 ; xiv., p. 659.) — 4. (HeroetLeand., 42.)— 5. (Apul., de Herb., o. 8.)->6. (Diosoo- .v., 184.— Hn- melberff. ia loc.) — 7. (Dioecor., \.., 167.)— 8. ' .#ioscor., iv., 174.) — 9. (H. A., v., 19.)— 10. (GeorB-.,iv.)— 11. (PUn., H. N., li., ».) — JS. (Creuzer, Syinbolilt, ii., 183 | iii., 354 ; iv., 391. &o) AVLUSTRE. APOCYJSON. " water." The French term acke comes from acnes, in the same language, signifying " a brook. ' APLUSTRE (u(ji7MaTov), an ornament of wooden planks, which constituted the highest part of the poop gi' a ship. The position of the aplustre is shown in the rep- resentations of ancient vessels in the articles An- ciioKA and Antenna. The forms there exhibited show a correspondence in the general appearance and efifcct between the aplustre which terminated the stem, and the anpoaTolLov which advanced to- wards it, proceeding from the prow. ( Vid. Aohos- TOLiON.) At the junction of the aplustre with the stem, on which it was based, we commonly observe »fl ornament resembling a circular shield: this was Ciillod aairiSdov or itamilaKri It is seen on the two aplustria here represented. u the history of the Argonautic expedition, a tiird is described, which perches on the aplustre of the ship Argo, and delivers oracular counsel.' Af- terward, the extremities of this appendage to the stem are smashed by the collision of the Symple- gades, while the bod/ of the vessel narrowly escapes on its passage between those islands.' In the battle at the ships related by Homer,' as they had their poops landward, and nearest to the Trojans, Hector takes a iirm hold of one by its ap- lustre, while he incites his followers to bring fire and bum them. Ailer the battle of Marathon, some similar incidents are mentioned by Herodo- tus,' especially the distinguished bravery of Cynse- giras, brother of the poet iEschylus, who, having seized the aplustre of a Persian ship, had his hand cut off by a hatchet. In these cases we must sup- pose the aplustre to have been directed, not towards the centre of the vessel, but in the opposite direc- tion. The aplustre rose immediately behind the guber- nator, who held the rudder and guided the ship, and it served in some degree to protect him from the wind and rain. The figure introduced in the arti- cle Anchora shows that a pole, spear, or standard {arnXi^. oTvXic:) was sometimes erected beside the aplustre, to which a fillet or pennon (jaivla) was attached. This served both to distinguish and adorn the vessel, and also to shew the direction of the wind. In the figure of a ship, sculptured on the eolumn of I'l-ajan, we see a lantem suspended from the aplustie so as to hang over the deck below the pubemator. In like manner, when we read in Vir- gil,' " PwppUms el IceH Turnta imposmre coronas," we must suppose the garlands, dedicated to the domes- tic or marine divinities, and regarded es sjTnbols 01 a prosperous voyage, to be attached lo the aplus- tria; and to these and similar decorations, express- ive of joy and hope, Gregory Nazianzcn appears to allude in the phrase uvOm Trpiuv^K,' and Apollo nius Rhodius' in the expression ufldaroio K6pv/i6a. It is evident that the aplustre, formed of compar- atively thin boards, and presenting a broad surface to the sky, would be very apt to be shaken by violent and contrary vrinds. Hence Rutilius, descnbing a favourable gale, says: "Inconcussa ve/iit tranguillui aplusiriafiatus; Mollia sectiro vela rudente tremwni." In consequence of its conspicuous position and beautiful form, the aplustre was often taken as the emblem of maritime affairs. It was carried off as a trophy by the conqueror in a naval engagement, .Tuvenal' mentions it among the decorations of a triumphal arch. Nejjtune, as represented on gems and medals, sometimes holds the aplustre in his right hand ; and 1. (ApoUon. Rhod., i. 1089.)- -2. (ApoUotlor., i., 0, 22.— Apol- hn.Rhod.,ii.,601.—yal. Place, it.)— 3. (II., xv,, 71C.)— 4. (vi., 114 )— 5. (Georg., i., 304.— 3!n , iv., 4IS.) in the celebrated Apotheosis of Homer, now in llie British Museum, the female who personates tlie Odyssey exhibits the same erablem in reference 'f the voyages of Ulysses. APOB'ATE ((iffo Parrif). (Vid. Desultores.) APOKER'YXIS (imoK-^pv^i-i) implies the method by which a father could at Athens dissolve the legal connexion between himself and his son. Accord- ing to the author of the declamation on the subject {'ATTOKrjpvTTouevof), which has generally been at- tributed to Lucian, substantial reasons were re- quired to ensure the ratification of such extraordi- nary severity. Those suggested in the treatise re- ferred to are, deficiency in filial attention, riotous living, and profligacy generally. A subsequent act of pardon might annul this solemn rejection ; but if it were not so avoided, the 'Son was denied by his father while alive, and disinherited afl:erward. It does not, however, appear that his privileges as to his tribe or the state underwent any alteration. The court of the archon must have been that in which causes of this kind were brought forward, and the rejection would be completed and declared by the voice of the herald. It is probable that an adoptive father also might resort to this remedy against the ingratitude of a son.* APOCHEIROT'ONEIN {amxeipoToveiv). (Vid. Archairesia.) *APO'CYNON (avdKvvov), a species of plant, which Matthiolus informs us he long despaired of discovering; but that, at last, he was presented with a specimen of a plant which he was satisfied was it. He refers to the Cynanckiis erectus, L. Dodo- nsus confounds it with the Periploca, to which, as Miller remarks, it bears a striking resemblance. Stephens describes it as being frequent in Burgun- dy, having an ivy leaf, white flower, and Iruit like a bean.* 1. (CaTm. X., 5.)— 2. (1. c.)— 3. (jt., 135.)— 4. (Demosth. » Spud., 1029.— Petit., Leg. Att., 235.)— 5. (Dioscjr., iv., 01 - Adams, Append., b. v.) ea ArOGRAPHE. APODEC'T^ {uiroSeKTm) were public officers at Athens, who were introduced by Cleisthenes in the place of the ancient colacretae {KalaK-pirai). They were ten in number, one for each tribe, and their duty was to collect all the ordinary taxes, and distribute them to the separate branches of the ad- ministration which were entitled to them. They had the power to decide causes connected with the subjects under their management; though, if the matters in dispute were of importance, they were obUged'to bring them for decision into the ordinary courts.' APOG'RAPHE &iTojpa^) is, literally, a "list or register;" but, in' the language of the Attic courts, the terms mroypdipstv and unoypdfEodm had three separate applications: 1. 'AKoypa(j>^ was used in reference to an accusation in public matters, more particularly when there were several defendants; the denunciation, the bill of indictment, and enu- meration of the accused, would in this case be term- ed apographe, and differ but little, if at all, from the ordinary graphe." S. It implied the making of a solemn protest or assertion before a magistrate, to the intent that it might be preserved by him till it was required to be given in evidence.' 3. It was a specification of property, said to belong to the state, but actually in the possession of a private person ; which specification was made with a view to the confiscation of such property to the state.* The last case only requires a more extended il- lustration. There would be two occasions upon which it would occur: first, when a person held public property without purchase, as an intruder; and, secondly, when the substance of an individual was liable to confiscation in consequence of a judi- cial award, as in the case of a declared state debt- or. If no oppositioTi were offered, the djroypa(j)^ would attain its object, under the care of the ma- gistrate to whose oflice it was brought ; otherwise a public action arose, which is also designated by tlie same title. In a cause of the first kind, which is said hx eome cases to have also borne the name noBcv • ix^i ■'" XPVUara am. Tzoaa Tovra dij, the claimant against the 'state had merely to prove his title to the property; and with this we must class the case of a • person that impugned, the diroypa^^, whereby the: substance of another was, or was proposed to be, confiscated, on the ground that he had a loan by way of mortgage or other recognised security upon a. portion of it; or that. the part in question did not iin. any way belong to the state debtor, or person so mulcted. This kind of opposition to the inroypa^ri is illustrated in the speech of Demosthenes against Nicostratus; in which we learn that Apollodorus had ;instituted an oTroypa^^ against Arethusius, for non-payment of a penalty incurred in a former ac- tion.! Upon this, Nicostratus attacks the description of the property, and maintains that three slaves were wrongly set down in it as belonging to Are- thusius, for they were, in fact,- his own. In the second case, the defence could, of course, only proceed upon the alleged illegality of the for- mer penalty; and of this we have an instance in the speech of Lysias for the soldier. There Poly- senus had been condemned by the generals to pay a fine for a breach of discipline; and, as he did not pay it within the appointed time, an itvoypatpri to the amount of the fine was directed against him,- which he opposes, on the ground that the fine was illegal. The «5roypa^7 tnight be instituted by an Athenian citizen ; but if there were no private pros- ecutor, it became the duty of the demarchi to pro- ceed with it ofliciaily. Sometimes, however, extra- - 1. (Pollux, Onom., .viii., 97. — Etymoloff. Mag, — ^Harpocrat.— Aristot., Pol'., vi., it, 4. — ^Demosth., c. Timocr., p. 750, 762. — vEaoh., 0. Ctes., p. 375.)— 2.; (Andoc, De Myst., 13.— Antiph., Do Cho-eut., 783.)— 3. (DemoSth in Pliffinipp., 1040.)— 4. (Lys- ius, De Anstoph. Boms.j 70 APOLLONIA. ordinary commissioners, as the avy^i^yeii and f^rv Toi, were appointed for the purpose. The suits m- stituted against the aTzoypa^ belonged to the ju risdiction of the Eleven, and, for a while, jo tha- of the Syndici.' The farther conduct of these causes would, of course, in a great measurej depend upon the claimant being or not being in possessior, of the proscribed proper^. In the first case the dwoypd^av, in the second the claimant, would ap- pear in the character of a plaintiff. In a case ]ike that of Nicostratus above cited, the claimflnt would be obliged' to deposite a certain sum, which hefor felted if he lost his cause (srapaKarafo;!.^) ; in all, he would probably be obliged to pay the costs oj court fees (■KpvTavsm) upon the same contingency/ A private citizen, who prosecuted an individuzi. by means of d-iroypa(f^, forfeited a thousand drachm.* if he failed to obtain the votes of one fifth of thi- dicasts, and reimbursed the defendant his prytaneia upon acquittal. In the former case, too, he would probably incur a modified'atimia, i. e., a restriction from bringing such actions for the future. AnOAEI'-fEaS AI'KH (dTtoldipsu^ dUri). Th( laws of Athens permitted either the husband or th( wife to call for and effect a separation. If it ori- ginated with the wife, she was said to leave hei husband's house (d^oiEjirEif) ; if otherwise, to b( dismissed from it (dKone/iTreaBai). The dismissal of the wife seems to have required little, if any, for- mality ; but, as in one instance we find that thp hus- band called in witnesses to attest it, we may infei that their presence upon such an occalsion was ens- tomary, if^not necessary.' If, however, it was the wife that first moved in the matter, there were othei proceedings prescribed by a law of Solon ; and the case of a virtuous matron like Hipparete, tlriven.by the insulting profligacy of her husband Alcibiadcs, to appear before the archon sitting in his court, and there relate her wrongs and dictate their enrclmatt, must have been trying in the extreme. No itvpiu{ was permitted to speak for her upon this occasion; for, until the separation was completed,'her husband was her legal protector, and her husband was now her opponent.' Whether the divorce was voluntary or otherwise, the wife resorted to the male relative, with whom she would have remained- if she had never quitted her maiden state ; and it then became his duty to receive or recover from her late husband all the property that she had brought.to him in ac- knowledged dowry upon their marriage. . If, upon this, both parties were satisfied, lie divorce was complete and final ; if otherwise, an action aTro^ci- feaQ or uiroiTEfiipcag would be instituted, as the' case might be, by the party opposed to the separation. In this the wife would appear by her representa- tive, as above mentioned ; but of the forms of the trial and its results we have no information. APOLLO'NIA {'AiToXXavta) ia the name of a pro- pitiatory festival solemnized at Sicyon in honour of Apollo and Artemis, of which Pausanias* givefe the following account : ' Apollo and Artemis, after the destruction of the Python, had wished to be pu- rified at Sicyon (Mgialea) ; but, being driven away by a phantom (whence, in aftertimes, a certairi spot in the town was called ip66oc), they proceeded to Carmanos in Crete. Upon this, the inhabitants of Sicyon were atta.cked by a pestilence, and the seers, ordered them to appease the deities. Seven boys and the same number of girls were ordered to' go to the river Sythas, and bathe in its waters; then to cany the statues of the two deities into the Tent pie of Peitho, and thence back to that of Apollo. Similar rites, says Pausanias, still continue to be observed; for, at the festival of Apollo, tlie boys go to the river Sythas, and carry the two deities into 1. (ITpd? To7s cvvStKoi? &TOYpat^&s &iToypd0u)v Lycfnr^., quo- ted by Harpbcration.) — 2. (Lysias in Alcib., Ml 1. 7.)-=S. (Pint in Ale.)— 4. (ii., 7, « 7.1 APORRIIETA. APOTHEOSIS. tf.e Tempie of Peitho, and thence back to that of Apollo, Although festivals under the name of Apollonia, in honour of Apollo, are mentioned in no other place, still it is not improbable that they existed under the same name in other towns of Greece. APOMOS'lA (anajioaia) denoted the affidavit of the litigant who impugned the allegations upon which the other party grounded his petition for postponement of the trial. (Vid. Hypomosia.) If It were insisted upon, it would lead to a decision of the question of delay by the court before which the petition was preferred.' AnonEMt'EaS AIKH. (VU. AnOAEItEiJS AIKH.) APOPHAN'SIS or APOPH'ASIS (uTrd^rocrtf or dTriifffiiTif) was used in several significations in the Attic courts. - I. It signified the proclamation of the decision which the majority of the judges came to at the end of a trial. This proclamation appears to have been made by means of a herald.'' 11. It was used to signify the day on which the trial took place." III. It was employed to indicate the ac- count of a person's property, which was obliged to be given when an uvridoaic was demanded. {Vid. Antidosi.?.) APOPH'ORA {uKO(popu), which properly means " produce or profit" of any kind, was used at Ath- ens to signify the profit which accraed, to masters from their slaves.* It thus signified the sum wliich slaves paid to their masters when they laboured on their own account, and the sum which masters re- ceived when they let out their slaves on hire, either for the mines or any other kind of labour, and also the money which was paid by the state for the use of the slaves who served in the ileet," The term utro(j)opu was also applied to the money which was paid by the allied states to Sparta, for the purpose of carrying on the war against the Persians, when Athens acquired the supremacy, these moneys were called ipSpol,. APOPHORE'TA (uTro^opjjra) were presents, which were given to friends at the end of an eiiter- tainment to take home with them. These presents appear to have been usually given on festival days, especially during the Saturnalia.' AIIO'$PAAES 'H'MEPAI ( (nrafpdSec v/iepai. ) were unlucky or unfortunate days, on whiqhrno pub- lic business, nor any important affairs of any kind, were transacted at Athens. Such were the last three days but one of every month,' and the twenty-fifth day of the month Thargelion, on which the plynte- ria were celebrated.' *APORRHA'IDES (uTro/ifiuiSe(), a species of sea- animal noticed by Aristotle, belonging to the genus ■ Mwrex according .to Rondolet and Gesner. Lin- naeus calls it CocUea wporrhais.' APORRHE'TA {atrdfipriTa), literally " things for- bidden," has two peculiar but widely different ac- ceptations in the Attic- dialect. In one of these it implies contraband goods, an enumeration of which, at the differentperiods of Athenian history, is given by Bockh ;'" in the other it denotes certain contume- iibiis epithets, from the application of which both tlie -iving and the dead were protected by special laws.'' Among Vasse, u,»6p6^ovoq, vaTpaXolag, and' (oiTpa^Mac are certainly to be reckoned ; - and other words, as pifaamf;, though not forbidden nominatim 1 (Pcilllix,viii,, 56.) — 2. {'0-6rav tug ^i}(l>ovs &vaKT]piTtiaci rCp Kfitrw''. liUCiaii, pro Imagin., c. '29.)' — 3. {Deihosth., o. H'Jerget., c. 13, p. 1]53. — Lex. Rliet., p. fll0.)-rr4. . fi), an action brought against those metoeci, or resident aliens, who had neglected to provide themselves with a patron (npoaTarrjc:), or exercised the rights of full citizens, or did not pay the fisrolianv, a lax of twelve drachmae exacted from resident aliens. Persons convicted under this indictment forfeited the protection of the state, and were sold as slaves.' *APUS (uTzovs), ■ a species of bird, called also Kiii/)£Hof.* It is thought to have been the same with the Swift, or Hirimdo apus, L. Pennant, how- ever, contends that the Cypsellus of Aristotle and Pliny was the Procellaria pela^a, or Stormy Petrel.' AaUjE DUCTUS usually signifies an artificial channel or water-course, by which a supply of wa- ter is brought from a considerable distance upon an inclined plane raised on arches, and carried across valleys and uneven country, and occasion- ally under ground, where hills or rocks intervene. As nearly all the ancient aquaeducts now remain- ing are of Roman construction, it has been generally imagined that works oi inis description were entire- ly unknown to the Greeks; This, however, is an error, since some are mentioned by Pausanias and others, though too briefly to enable ns to judge of tlieir particular construction ; whether they consist- ed chiefly of subterraneous channels bored through hills, or, if not, by what means they were carried across valleys, since the use of the arch, which is said to have been unknown to the Greeks, was in- dispensable for such a purpose. Probably those which have been recorded— such as that built by Pisistratus at Athens, that at Megara, and the cele- brated one of Polycrates at Samos' — were rather conduits than ranges of building like the Roman ones. Of the latter, few were constructed in the times of the Republic. We are informed by Fron- 1. (Dis. 49. tit. 1.)— 2. (Cic, ad Att., i.. 8.)— 3. (Phot., p. 478, Pors.— Bekker, Aneotlot. Gr;, p. 201, 434, 440.)— 4. (Aris- ;ot., H. A.,il 21.)--'). (Dritish Zoology, p. 534.)— 0. (HevoJ., iii , 00.) 7* (^GlOM DUCTUS. tinus that it * as not untiJ about B.G, 313 that ao) were erecteL- , the inhabitants supplying themse.vt;j up to that time with water from the Tiber, or ma- king use of cisterns and springs. The first aquav., duct was begun by Appius Claudius the Censor, and was named, after him, the Aqiia Appia.^ In ihU aqueduct the water was conveyed from the distance of between seven and eight miles from the city, al- most entirely under ground, since, out of 11,190 Ipassus, its entire extent, the water was above ground only 60 passus before it reached the Porta Capeiia, and then was only partly carried on arches. Re- mains of this work no longer exist. Forty years afterward (B.C. 273) a second aquae- duct was begun by M. Curius Dentatus, by which the water was brought from the river Anio, 20 miles above Tibur (now Tivoli), makmg an extent c{ 43,000 passus, of which only 702 were above ground and upon arches. This was the one afterward known by the name of Anio Vetvs, in order to dis- tinguish it from another aquasduct brought from the same river, and therefore called Anio Nomts. Of the Anio Vetus considerable remains may yet be traced, both in the neighbourhood of Tivoli and in the vicinity of the present Porta Maggiore at Rome. It was constructed of blocks of Peperino stone, and the water-course was lined with a thick coating of cement. In B.C. 179, the censors M. iEmilius Lepidus and M. Flaccus Nobilior proposed that another aque- duct should be built; but the scheme was defeate4 in consequence of Licinius Crassus refusing to lei it be carried through his lands." , A more abundant supply of water being found indisp ensablcj particu- larlv as that furnished by the Anio Vetus was of such bad quality as to be 'almost unfit for drinking, the senate commissioned CLuintus Marcius Rex, the przetor, who had superintended the , repairs of the two aquaeducts already built, to undertake a thinl, which was called, after him, the Aqua Marcia.' This was brought from Sublaqueum (Subiaco) along an extent of 61,710 passus ;, viz., 54,267 un^ der ground, and 7443 above ground, and chiefly on arches; and was of such elevation that water conld be supplied from it to the loftiest part of the Capito- line Mount. Of the arches of this aquaeduct a con- siderable number are yet standing. Of those, like- wise, called the Aqua Tepula (B.C. 127), and; 'to Aqua Julia (B.C. 35), which are next in point of date, remains are still existing; and in the vicinity of the city, these tv/o aquaeducts and the Marcia were all united in one line of structure,, forming three separate water-courses, one above the other, the lowermost of which formed the channel of the Aqua Marcia, and the uppermost that of the Aqua Julia, and they discharged themselves into one res ervoir in common. The Aqua Julia was erected by M. Agrippa during his Eedileship, who, besides repairing both the Anio Vetus and the Aqua Mar- cia, supplied the city with seven hundred wells (laais), one hundred and fifty spripgs or fountains and one hundred and thirty reservoirs. Besides repairing and enlarging the Aqua Miir- cia, and, by turning a new stream into it, increasing its supply to double what it formerly had been, Au- gustus built the aquaeduct called Alsielinn, sonie- times called Augusta after its founder. The waiei famished by it was brought from the Lake of Al- sietinus, and was of such bad quality as ',c be scarce- ly fit for drinking ; on which account it has been supposed that Augustus intended it chiefly for fill- ing his naumachia, which required more water than' could be spared from the other aquaeducts, its basin being 1800 feet in length and 1200 in breadth. II was in the reign, too, of this emperor that M. Agrip- pa built the aquaeduct called Ihe Aqjw, Virgo, which 1. (Liv., ix., 49.— Diod. Sic, xx., Sf )— 2- (Tiv., il., 5l.>-' (Plin., xxxvi., 24, 1) 9.) AaU^E DUCTUS niune it is said to have obtained becarise the spring which supplied it was first pointed out by a girl to some soldiers who were in search of water. Pliny, however, gives a different origin to the name.' Its length was 14,105 passus, of which 12,865 were un- der ground ; and, Ibr some part of its extent above ground, it was decorated with columns and statues. Thij' aquffiduct still exists entire, having been re- stored by Nicholas V., although not completely un- til tht' pontificate of Pius IV., 1568, and it still bears the name of Aqua Vergiiie. A few years later, a second aquaeduct wasliuilt by Augustus, for the purpose of supplying the Aqua Marcia in times of drought. The two gigantic works of the Empferor Claudius, vi2., the Aqua Claudia and Asio Novus, doubled the former supply of water ; and although none of the later aquaeducts rivalled the Marcia in the vastness and solidity of its constructions, they wefe of con- .Siderably greater extent. The Claudia had been begun by Caligula in the year A.D. 38, but was '•ompleted by his successor,' and was, althoiigh less copious in its supply, not at all inferior to the Mar- cia in the excellence of its water. The other was, if not so celebrated for the quality of the water itself, remarkable for the quantity which it conveyed to the city, it being in that respect the most copious of them all. Besides, which, it was by far the grandest in point of architectural effect, inasmuch as it pre- sented, for about the extent of six miles before it reached the city, a continuous range of exceedingly lolly structure, the arches beingin some places-109 feet high. It was much more elevated than any of the other aquaeducts, and in one part of its course was carried over the Claudia. Nerd afterward mado additions to this vast work, by continuing it as far as Mount CaBUus; where was a temple erected tOc Claudius. The Aqua Trajana, which was the work of the emperor whose name it bears, and was completed A.D; 111, was not so much an entirely new and dis- tinct aquaeduct' as a branch of the Anio Novus brought from Sublaqueura, where it was supplied by a spring of purer water than that of the Anio. It was in the timeof thisi emperor, and of his predecessor Werva, that the superintendence of all the aquse- ducts was held by. Sextus Julius Frontinus, whose treatise De Aqucsihictikis has supplied us with the fullest information now to be obtained relative to their history and construction. In addition to the aquaeducts which have been al- ready mentioned, there were others of later date: namely, the Antoniana, A.D. 212; the Akxandrina, A.D. 230; and the Jovia, A.D. 300; but these seem to have been of comparatively little note, nor have we any particular account of them. The magnificence displayed by the Romans .in their public works of this class was by no mi. •ins confined to the capital; for aquasducts more or less stupendous were constructed by them in various and even very remote parts of the empire — at Nico- media, Ephesus, Smyrna, Alexandrea, Syracuse, Metz, Nismes (the Pont du Gcird), Lyons, Evora, Merida, and Segovia. That at Evora, which was built by Q.nintus Sertorius, is still in good preserva- tion; and at its termination in the city has a very elegant casiellum in two stories, the lower one of which has Ionic columns. Merida in Spain, the Augusta Emerita of the Romans, who established a solony there in the time of Augustus, has among its other antiquities the remains of two aquaeducts, of one of which thirty-seven piers are standing, with thiee tiers of arches; while of the other there are only two which form part of the original construc- tions, the rest being modem. But that of Segovia, for which some Spanish writers have claimed an antiquity anterior to the sway of the Romans in Spain, is one of the most perfect and magnificent 1. (H. N , xzxi., 39.) AQ.VJE DUCTUS. woiks of the kind anywhere remaining. Il is en- tirely of stone, and of great solidity, the jiiewi being eight feet wide and eleven in depth; and v.-here il traverses a part of the city, the heip;ht is upward oi a hundred teet, and it has two tie.i's of arches, the lowermost of which are exceedingly lofty. After this historical notice of some of the piinci- pal aquaeducts both at Rome and in the provinces, we now proceed to give some general account o. ■their construction. Before the mouth or opening into the aquaeduct was, where requisite, a large ba- sin (pisciTM limosa), in which the water was collect- ed, in order that it might first deposite its impuri- ties; and similar reservoirs were formed at inter- vals along its course. The 'specus, or water-channel, was formed either of stone or brick coated with ce- ment, and was arched over at top, in order to ex- clude the sun, on which account there were ajier- tures or vent-holes at certain distances ; or wh ere two or more such channels were carried one ab( ive the other, the vent-holes of the lower ones wore formed in their sides. . The water, however, besides flowing through the specus, passed also through pipes either of lead or burned earth (terra-cotta), which latter were used not only on account of their greater cheapness, but as less prejudicial to • the freshness and salubrity of the wafer. As far as wa.? practicable, aquaeducts were carried in a direct line ; yet they frequently made considerable turns and windings in their course, either to avoid boring through hills, where that would have been attended with too much expense, or else to avoid, not only very deep valleys, but soft and marshy ground. In every aquaeduct, the casteUa or reservoirs wens very important parts of the construction ; and be- sides the principal ones — that at its mouth and that at its termination — there were usually intermediate ones at certain distances along its course, both in order that the water might deposite in them any i-e- maining sediment, and that the whole might be more easily superintended and kept in repair, a de- fect between any two such points bemg readily de- tected. , Besides which, these castella were service- able, inasmuch as they furnished water for tlie irri- gation of fields and gardens, &c. The principal castellum or reservoir was that in which the aquae- duct terminated, and whence the water was con- veyed by different branches and pipes to various parts of the city. This far exceeded any of the oth- ers, not in magnitude alone, but in solidity of con- struction and grandeur of architecture. The re- mains of a work of this kind still exist in what are called the Nms Sale, on the Esquiline Hill at Rome ; while the Piscina Mirabile, near Cuma, is still more interesting and remarkable, being a stupendous con- struction about 200 feet in length by 130 in breadth, whose vaulted roof rests upon forty-eight immense pillars, disposed in four rows, so as to form five aisles within the edifice, and sixty arches. Besides the principal castellum belonging to each aquaeduct (excepting the Alsietina, whose water was conveyed at once to the baths), there were, a number of smaller ones — altogether, it has been computed, 247 — ^in the different regions of the city, as reservoirs for their respective neighbourhoods. The declivity of an aquaeduct (JibraTiienlAmi aqua\ was at least the fourth of an inch in every 100 leet,' or, according to Vitruvius,' half a foot. During the times of the Republic, the cenisors and sediles had the superintendence of the aquaeducts ; but under the emperors particular oflicers were ap- pointed for that purpose, under the title otcw/atojei, or prtefecti aquarum. These oflicers were fii'st cre- ated by Augustus,' and were invested with consid- erable authority. They were attended outside the city by two lictors, three public slaves, a secretary, and other attendants. In the time of Nerva and Trajan, about seven 1. (PUn., H. N., xni., 31.)— 2. (iriii., 7.)— a (Suet, Ausr, SJj AUCTARII. »Jiij. :?d architec:3 and others were constantly em- :i jye.d, under the orders of the curatores aqiiarum, in aitendijig to the aquceducts. The officers who had :harge of these works were, 1. The viMici, whose duty it was to attend to the aquseducts in their rourse to the city. 2. The caskUarii, who had the superintendence of all the castella both within and without the city. 3. The circuHores, so called be- cause they had to go from post to post, to examine into the state of the works, and also to keep watch over the labourers employed upon them. 4. The sUicarii, or paviours. 5. The iectores, or plasterers. All these officers appear to have been included un- der the general term of aquarii.' ACIU^ DUCTUS. (Vid. Servitutes.) AaU.iE ET IGNIS mTERDIC'TIO. {Vid. 'iANISHMEVT.) \Q,VM HAUSTUS. (Vid. SEiiviTaTEs.) AGlUM PLUVIjE ARCEND-'E ACTIO. That water was called aqua pluvia which fell from the clouds, and the prevention of injury to land from such water was the object of this action. The ac- tion aquce pluvice was allowed between the owners of adjoining land, and might be maintained either by the owner of the higher land against the owner of the lower land, in case the latter, by anything done to his land, prevented the water from flowing natu- rally from tne higher to the lower land, or by the owner of the lower land against the owner of the higher land, in case the latter did anything to his land bv which the water flowed from it into the low- er land in a different way from what it naturally would. In the absence of any special custom or law to the contrary, the lower land was subject to receive the water which flowed naturally from the upper land ; and this rule of law was thus expressed: ayaai inferior superiori servit. The fertilizing ma- terials carried down to the lower land were con- sidered as an ample compensation for any damage which it inight sustain from the water. IVlany diffi- cult questi>^as occurred in the application to practice of the general rules of law as to aqua pluvia ; and, among others, this question: What things done by (he owners of the land were to be considered as pre- venting or altering the natural flow of the waters f The conclusion of Ulpian is, that acts done to the land for the purposes of cultivation were not to be considered as acts interfering with the natural flow of the waters. Water which increased from the falling of rain, or in consequence of rain changed its colour, was considered within the definition of aqua pluvia; for it was not necessary that the water in question should be only rain-water, it was suffi- cient if there was any rain-water in it. Thus, when water naturally flowed from apond or marsh, and a person did something to exclude such water from coming on his land, if such marsh received any in- crease from rain-water, and so injured the land of a neighbour, the person would be compelled by this action to remove the obstacle which he had created to the free passage of the water. This action was allowed for the special protection of land {ager): if the water injured a town or a building, the case then belonged to flumina and stillicidia. The action was only allowed to prevent damage, and, therefore, a person could not have this remedy against his neighbour, who did anything to lis own land by which he stopped the water which would otherwise flow to his neighbour's land, and be profitable to it. The title in the Digest contains many curious cases, and the whole is well worth perusal.' ACIUA'RII were slaves who carried water for ba- thing, &c., into the female apartments.' The aquarii were also public officers who attended to the aquae- ducts. (^Vid. AauiE DncTDs.) ARA. »AaUILA. I. A Roman militarj' standard. (FiVl SiGNA MinTARiA.) II. The Eagle. The ajiciem naturalists have described several species. Aristo- tie divided the Falconidai into 'Aeroj (Eagles), Ic/io- KEf (Hawks), and ■IhtIvoi 'Kites), with many cvubdi- visions. M. Vigors is of opinion, that the division 'Ifpof (Hierax) of Aristotle comprises all the Fal- conidae of Vigors which belong to the stirpes or sub- families of Hawks, Falcons, and Buzzards. Plinj separates the group into Aquila; (Eagles) and Accit jritres, a general term comprising, as used by him the mst oi the Falconidce. The subdivisions of both Aristotle and Pliny do not differ much from those of some of the modern zoologists. — We will now proceed to particulars. 1. The /iop^vof, called also Tr?,u.yyi)g or vijTTOfovo^ by Aristotle,' would appear to be that species of Falco which bears the Eng- lish names of Baid Buzzard and Ospreij, namely, the Falco Halireetus, I-.., or Pandion Haliieetus, Sa- vigny.' It would seem to be the nefiKvo; of Horner.^ 2. The ■KEpKvoTTTspoi, sr.d by Aristotle to resemble the Vulture, was mos. probably that species of Vidture which gets the name of Vulbwrins Eagle. Its French name, according to Belon, is Bouiirie. Ii is called also ypvTraitTo^ and bpsmiXapyo; by Aris totle. 3. The uliaieTog of Aristotle would appeal to be the Osprey.* This bird is the " Nisus" of Vii- gil and Ovid. Naturalists have recently adopted the opinion that the Osprey is the same as the Sea- eagle. Its scientific name is Pamdion Haiia:el',:s, Savigny. 4. The /ieTiavaisToi of Aristotle, calle.! also /layu^TOOf by him, is referred by Hardouin* tn the small Black Eagle, which the late authorities on Ornithology hold to be only a variety of the Golden Eagle, or Aqmla Chnjsaitos. It Is deserving of re- mark, however, that the learned Gesner seems dis- posed to refer the ficXavaieror to the Erne, or Aquiln Albicilla of late ornithologists. 5. The ^ijvri of Aristotle is undoubtedly the Ossifraga of Pliny, and the ^ivLq of Dioscorides.' It is the Falxo Ossifragus, L. 6. The irvyapyoc is supposed by Hardouin to be the eagle called Jean le blanc. Turner suggests that it may have been the Erne, and Elliot the Ring-tail; All point to the same bird, namely, the HaliaelMS Al^ bioilla, Savigny, for the Ring-tail is now held to be merely a variety of the Erne. The terra Kvyapybr, signifies " White-tailed." 7. The specits called yvi/aioc by Aristotle is confidently referred by Har- douin to the Golden Eagle, which, as Buffon re- marks, is the noblest and largest of the genus. It is the Aquila Chrijsateos, Vigors.' AaUILLIA LEX. (Firf. Damnum.) ARA (/3u|ii6f, ^vrfipiov), an altar. Ara was a general term denoting any structure elevated above the ground, and used to receive upon it offerings made to the gods. AUare, probably con- tracted from alia ara, was properly restricted to the larger, higher, and more expensive structures. Hence Menalcas,' proposing to erect four altars, ',-iz., two to Daphnis, and two, which were to be high altars, to Apollo, says, " En quaUuor aras: Ecct duas tibi, Daphni; duas, allaria, Phcebn." Seivias, in his commentary on the passage, observes, that altana were erected only in honour of the superior divinities, whereas arcs were consecrated not only to them, but also to the inferior, to heroes, and to demigods. On the other hand, sacrifices were ofTei' ed to the infernal gods, not upon altars, but in cavi- ties {scrobes, scrobiculi, pdBpoi, XuKicnt) dug in the ground.' Agreeably to this distinction, wo find thai in some cases an altare was erected upon an at a, or even several high altars upon one of infr lior eleva- tion. 1. (Cic, ad Fam., viii., 6.— Cod. xii., tit. 42 or 43, ». 10.)— 2. (DifT. 39, tit. 3.— Cit!., pro MuriEn., c. 10.— Topic, c. 9.— BoS- thius, Ooinmenf. in Cic, Top., iv., c. 9.) — 3. (Jut., vi., 339.) 1. (H. A., ix., 22.)— 2. (Willoughby's Ornithology, lio. li. !"-t. 5.)— 3. (II., xxiv., 316.)— 4. (Gesner, de A 'bus.— Brouke'i Nat. Hist., vol. ii., p. 4.)— 5. (in Plin., H. N x., i.)~S. (ii.! 58.)— 7. (Adams, Append., 8 " —8. (Virg-., iv. log., v. 65.1 • » (Festus, s. V, /Jtaria.) AKA. ARA. /s.' iiA >iJ^ lAe ancients almost every religious SCI fc.^ tcco>4.panied by sacrifice, it was often ttMiajary to provide altars on the spur of the oc- ias ion, and they vere then constructed of earth, iods, or stones, c<ected on the spot. Thus, " Erexii subitas amgejty, cespiiis aras."^ Also, when jEncas and Tumus aie preparing to fight in single combat, wishing to biat themselves by a solemn oath, they erect aras gramrneas.' Availing himself cf this practice, Telamon adroitly warded off the efferts of the jealousy of JJercules, whose rage he had excited by making the first breach in the walls . f Ilium, and thus appearing to surpass his com- panion in glory. Pursued b i Hercules, who had already drawn his sword, and ."ceing his danger, he set about collecting the scattered stones ; and when Hercules, on coming up, asked what he was about, he answered that he was preparing an ^Itar to 'HpaK?i^C KoX/lwjKOf, and thus saved his life.' When the occasion was not sudden, and especially if the altars were required to be of a considerable size, they were built with regular courses of masonry or brickwork, as is clearly shown in se Jeial exam- ples on the column of Trajan at Rome. See the left-hand figure in the woodcut annexed. The first deviation from this absolute simplic ^ of form consisted in the addition of a base (/Sooi;. Kpriirli), and of a corresponding projection at the top, the latter {tax'^pkt l^uuoi eo^upa*) being in- tended to hold the fire and the objects offered in sacrifice. These two parts are so common as to be almost uniform types of the form of an altar, and will be found in all the figures inserted underneath. The altar on which the gods swore, when they leagued with Jupiter against the Titans, became a constellation consisting of four stars, two on the nreplace and two on the base.' . It appears, also, that a movable pan or brazier {imnvpov) was sometimes used to hold the fire." Altars were either square or round. The latter form, which was the less common of the two, is "lemplified in the following figures : That on the left hand is from a painting at Her- culaneum. The altar is represented as dedicated to the genius of some spot on Mount Vesuvius. He appears in the form cf a serpent,' and is par- taking of the figs and fir-cones which have been offered to him on the altar. The right-hand figure 1. (Lucan, U., 988.)— 2. (Virg., JEn., lii., 118.)^3. CApol- iod. II. vi., 4. — yid. eciam Hot., Carm. t., xix., 13.)^-4. (Eu- rip.'' AJidr., 1115.) — 5. 'Eratosth., Cataster., 3S. — Compare ttvmn Astron.. ii-i 39 ; Arat., 402 ; and Cicei'o's translation, De Nit Deo. , ii., M.)-6 (Iloron., Spirit., 71.)^7. (Virg., Xn., v., 9!>'> represents an altar, which was found, wilh thre* others, at Anlium.' It bears the inscriptio.ti ARi VENTORVM. On it is sculptured the rostrum of a ship, and beneath this is a figure emblematic of the wind. He iloats in free space, blows a shell, ana wears a chlamys, wliich is uplifted by the breeze- In the second altar the iaxapi; is distinguished I)} being hollow. Indeed altars, such as that on the left hand, were rather designed for sacrifices of fruits, or other gifts which were offered withoii fire, and they were therefore called uTzvpoi. When the altars were prepared for sacrifice, they were commonly decorated with garlands or festoons. The leaves, fiowers, and fruits of which these were composed were of certain kinds, which were con- sidered as consecrated to such uses, and were calleJ verbenie.' Theocritus' enumerates de three following, viz., the oak, the ivy, and the asphodel, as having been used on a particular occasion for this purpose.' The altar represented in the next woodcut shows, the manner in which the festoon of verbense was suspended. Other ancient sculptures prove that fillets were also used, partly because they were themselves ornamental, and partly for the purpose of attaching the festoons to the altar. Hence we read in Virgil, " Effer aquam, et molli dnge hac allwna villa, Verienasque adole pingues, et mascula tura."" Altars erected to the manes were decked with dark blue fillets and branches of cypress.' Many altars which are still preserved have fillets, festoons, and garlands sculptured upon the marble, being designed to imitate the recent and real decorations. Besides the imitation of these ornaments, the art of the sculptor was also exercised in representing on the sides of altars the implements of sacrifice, the animals which were offered, or which were re- garded as sacred to the respective deities, and the various attributes and emblems of those deities. We see, for example, on altars dedicated to Jupiter, the eagle and the thunderbolt ; to Apollo, *h3 stag, the raven, the laurel, the lyre or cithara; to Bac» chus, the panther, the thyrsus, the ivy, Silenus, bacchanals ; to Venus, the dove, the myrtle ; to Hercules, tlie poplar, the club, the labours of Her- cules ; to Sylvanus, the hog, the lamb, the cypress, Strabo says' that the principal altar of the Templp of Diana at Ephesus was almost covered v/ith the works of Praxiteles. Some of the altars which still remain are wrought with admirable taste and elegance. We give, as a specimen of the elaborate style, the outline of an Etruscan altar, in contrast with the unadorned altar in our first woodcut. Besides symbolical and decorative sculptures in bas-relief, ancient altars frequently present inscrip- tions, mentioning the gods to whom, and the wor- shippers by whom, they were erected and dedicated. For example, an altar in Montfaucon,' decorate(' with an eagle which grasps the thunderbolt, ana with a club, encircled with a fillet, at each of the four comers, bears the following inscription, iri- eluded within a wreath of leaves ; lOVI OPT. MAS. ET HERCVU INVICTO C. TVTICANVrf CALLIAT. EX VOTO We select this example, becaus .t illustrates tht fact that the same altar was often erected in honoui 1. (Montfaucon, Ant. Expl., ii., pi. 51.)— 2. (Hor., Cs.rm. iy, II.)— 3. (ixvi., 3, 4.)— 4. {Vid. etiam Tevnnt., Andr., iv.. 4, i.-~ Donatus in loc. — " Coronate ar;E," Propert., jii., 10. — " Nexia omatse torquibus arse," Virg., Georg., iv., 276.) — 5. (Eclog Tiii., 64, 65.)— 6. (.«;n.. iii., 64 )— 7. (xiv., :. S3,V-S (Ant Eipl., ii., pi. 96 ) 77 ARA. ol more llian one diviaity. li T^a J, however, neces- sary that such divinities shodd t.,ive something in common, so that they might be properly associated; and deities having this relation to one another were called Dii communes, ■&col av/tBo/ioi, 6/j.o6u/itoi,' or Koivofiu/ii'oj." At Olympia there were six altars, each ?acred to two divinities, so as to make twelve gods in all.' On the other hand, we find that it was not un- usual to 3rect two or more altars to the same divinitj^ la the same spot and on the same occa- sion. We have already produced an example of this from Virgil's fifth eclogue ; and the very same expression is in part repeated by him in the .Slneid : "En qiwitnor aras— Neptwrw.'"^ In Theocritus,' three bacchantes, having collected verbense, as we have before stated, erect twelve altars, viz., three to Semele and nine to Dionysus. But the most re- markable instances of this kind oi'.curred when hecatombs were sacrificed ; for it was then neces- sary that the number of altars should correspond to the multitude of the victims. A ceremony of this description, recorded by Julius; Capitolinus, seems to have been designed in imitation of the Dractice of the heroic ages. He says that, when "!he head of the tyrant Maximin was brought to Rome, Balbinus, to e;spress the general joy, built in one place 100 altars of turf {aras cespilitias), on which were slain 100 hogs and 100 sheep. But a more distinct exhibition of the scene is given in the Iliad,' when the Greeks assembled at Aulis present a hecatomb. A beautiful plane-tree is seen beside a clear fountain; the chieftains and the priests are assembled under its wide - spreading branches ; the spot is encircled with altars {a/ifi nepl KpTJvnv), and the victims are slain almg the altars (/tara /Jo/zoiJf).' VitruviUiS* directs that altars, though dilTering in elevation according to the rank of the divinities to whom they were erected, should always be lower than the statues (simulacra) before whicli they were placed. Of the application of this rule we have bh example in a medallion on the arch of Constan- tlne at Rome. See the annexed woodcut. We see here Apollo with some of his attributes, riZi, the stag, the tripod, the cithara, and plectrum. ARACHNE. The altar is about half as high as the pedestaj ol the statue, placed immediately in front of it, and adorned with a wreath of verbenas. The smtue stands in an acrof, or grove of laurel. One of the saciificers, probably the Emperpr Trajan, appears to be taking an oath, which he expresses by Ufting up his right hand and touching the altar with bia spear This sculpture also shows the appearanec oY the tripods, which were frequently used instead of altars, and which are explained under the arti. cle Tripos. . , ^ . We have already had occasion to advert,. in sev- eral instances, to the practice of building altars in the open air wherever the occasion might require, as on the side of a mountain, on the shore of the sea, or in a sacred grove. But those altars which were intended to be permanent, and which, were, consequendy, constructed with a greater expense of labour and of skill, belonged to temples ; and they were erected either before the temple, as shown in the woodcut in the article Ant;b, and, beautifully exemplified in the remains of temples at Pompeii,? or within the cella of the temple, and pnncipally before the statue of the divinity to whom it was dedicated. The altars in the area before the temple {^ajxol npovdoi'') were altars of burnt-offerings, at which animal sacrifices {vicHmiz, afuyia, lepeia) were presented : only incense was burned, or cakes and bloodless sacrifices (■Sviuu/iara, ^va) offered on the altars within the building. Altars were also placed before the doors of private houses. In the Andria of Terence," a woman is asked to take the verbense from an altar so situated, in order to lay a child upon them before the door of the house. A large altar to Zeus the Protector stood in the open court before the door of Priam's palace in Ilium.* Hither, according to the poets, Priam, Hecuba, and their daughters fled when the citadel was taken; and hence they were dragged with impious violence by NeoptolemnS, the' son of Achilles, and some of them put to death. All altarc were places of refuge. The supplicants were con- sidered, as placing themselves under the protectioi! of the deities to whom the .altars were consecrated; and violence to the unfortunate, even to slaves and criminals, in such circumstances, was regarded as violence towards the deities themselves. ' As in the instance already OToducedjin which the gods conspired against the Titans, men likewiS* were accustomed to make solemn treaties and cov- enants, by taking oaths at altars. Thus Virgil rep- resents the kings entering into a league before the altar of Jupiter, by immolating a sow,' while they hold the pateras for libation in their hands.' The story of Hannibal's oath at the altar, when a boy, is well known. Another practice, often alluded to, was that of touching altars in the act of prayer.' Marriages also were solemnized at the altars ; and, indeed, for the obvious reason, that religious acts were almost universally accompanied by sacrifice as an essen- tial part of them, all engagements which could be made more binding by sacred considerations were often formed between the parties before an altar. •ARAB'ICA, called also AraMcus lapis, and Ardh ica gemma.. It is spoken of by Dioscorides aflC Galen, and was probably a fine white marble.' *ARACH'NE {updxvn or -vs), the Spider, or getins Aranea, L. Several species are mentioned by Aristo- tle," but so briefly that they cannot be satisfactorily ascertained. Dioscorides describes two species by the names of 6A/cor and Ivko^.^ The former of Ihesej according to Sprengel, is the Aranea retiei/ria,tsxiA the 1. (Thucyd., iii.; 59.)— 2. (iEschyl., Snppl., 225.)— 3. (Scho- ..•._..'.'„' ,„, , (^n., T , 639.)— 5, (1. c.) zxiii., 1, " seven al- liait in Find., Olynip.. v., 10.)— 4. {Mt ^^. (ii., 305-307.^—'* (Compare Num., ».")-a (;- Q.) 78 1. (Pell's Pompeiana, 1819, Plates 43, 62, 68.)— 2. (.^schyl., Sttppl., 497.)— 3. (1. c.)— 4. (Virg., JSn., ii., 500-525.— Heyne, Excurs., ™ loc.) — 5. (.^n., ■viii._^64fl. — Compare the last wood* cut, and 'JSn., xii., 201.) — R. {xifl^., Carm. III., xxiii., 17.)-^7i (Dioscor., Vt 149.— Plin., H if . iiivi., 41.)— 8. {H. A., iln 26.).-9. (ii., 68.) ARATRUM. ARAlRUSd. latter the Aranea damestica. Sprengel is farther of opinion that no ancient author has noticed the Aranea TarmtMa. But uiii. PHALAisfGiON.' •ARACHID'NA {ap&xi&va.), a species of Pea, the same, according to Stackhouse and Sprengel, with the Lathyms amphicarpus. Stackhouse proposes to read itpuKidva a the text of Theophrastus.' ♦AR'ACUS (a'pa/cof), a plant, which Sprengel, in- the first edition of his R. H. H., marks as the Lat/iy- Tus tvierosus; but in, his second, he inclines to the Pisum arvense. S tackhouse hesitates about ackno wl- «^iiig it as the Vicia cracca, or Tufted Vetch.' •ARA'NEA. {Vid. Arachne.) ARA'TEIA iapareia), two sacrifies offered every year at Sicyon in honour of Aratus, the great general of the AchEEans, who, after his death, was honoured by his countrymen as a hero, in consequence of the command of an oracle.* The full account of the two festive days is preserved in Plutarch's Life of Ara- ms.* The Sicyonians, says he, offer to, Aratus two sacrifices every year, the one on the day on which he delivered his native town from tjrranny, which is the fifth of the month of Daisius, the same which the Athenians, call Anthesterion ; and this sacrifice they call aurnpia. The other theyjielebrate in the month in which they believe that he was bom. On the first, the priest of Zeus offered the sacrifices ; ori the second, the priest of Aratus, wearing a white riband with purple spots in the centre, songs being sung to the guitar by the actors of the stage. The public teacher (yvfivaaiapxo^) led his boys and youths in procession, probably to the heroum of Aratus, followed by the senators adorned with gar- lands, after whom came those citizens who; wished tc join the procession. The Sicyonians still ob- serve, he adds, some parts of the solemnity, but the principal honours have been abolished by time and other circumstances.' ARA'TRUM (apoTpov), a plough. The Greeks appear to have had, from the earliest times, diversities in the fashion of their ploughs. Ilesiod' advises the farmer to have always two ploughs, so that if one broke, the other might be ready for use ; and they were to be of two kinds, the one called aiiToyvov, because in it the plough- tail (yii;/f, hiris, bura) was of the same piece of timber with the share-beam {iXv/ia, dens, dentals) and the pole {(yifio^, iarodoevQ, temo) ; and the other Called nriKTov, i. e., compacted, because in it the three above-mentioned parts, which were, moreover, to he of three different kinds of timber, were ad- justed, to one another, and fastened together by means of nails (y(i/i0ojffif°). The method of forming a plough of the former kind was by taking a young tree with two branches proceeding from its trunk in opposite directions, so that while in ploughing the trunk was made to serve for the pole, one of the two branches stood upward and,, became the tail, and the other penetrated the ground, and, being covered sometimes with bronze or iron, fulfilled the purpose of a share. This form is exhibited in the uppermost figure of the annexed woodcut,, taken from a medal. The next figure shows the plough still used in Mysia, as described and .delineated by a late traveller in that country, Mr. C. Fellows. It is a little more complicated than the first plough, inasmuch as it consists of two pieces of timber instead of one, a handle (exst^ti, Uivfi) being inserted into the larger piece at one side of it. Mr. Fellows' observes that each portion of this instrument is still called by its ancient Greek name, and adds, that it seems suited only to the ligh; soil prevailing where he observed it; that it is 1. CAiIams, Append., s. v.)— 2. (TheophraEt,, H. P., i., 6.— Adams, Append., s. t.)— 3. ,(Theophrast., H. P., i. 8.)— 4. (Pans., jj. 6 \ 4.)— 5. (c. 53.) — 6. (Wachsinlith, Hellen. Alterthiim., li* s' p 105.)— 7. (Op. et Dies, 432.) — 8. (Compare Schol. in Apoli. Shod., iii., 232.— Horn., 11., i., 353 ; liii., 703 ; and Schol. in Ioc,)^9. (Etrursion in Asia Minor, 1838, p. 71.) held by one hand only; that the fprm of the shaic lyvvis) varies ; and that the plough is frequently used without any share. " It is drawn by two oxen, yoked from the pole, and guided by a long reed oi thin stick {Karpivof), which has a spud or scraper at the end for cleaning the share." See the lowesi figure in the w,oodcut. Another recent traveller in Greece gives the fol- lowing account of the plough which he saw in tha' country, a description approaching still nearer tc, the mjnTov upoTpov of flomer and Hesiod. " It is composedj" says he, "of two curved pieces of wood, one longer than the other. The long, piece formh the pole, and one end of it being joined to the other piece about a foot from the bottom, divides it into a share, which is cased with iron, and a handle. The share is, besides,' attached to the, pole by a shori crossbar of wood. Two oxen, with no other har- ness than yokes, are joined to the pole, and driven by the ploughman, who holds the handle in his left hand, and the goad, in his right."^ Ai beautiful vi ew of the plain of EUs, representing this plough in use, is given by Mr. S. Stanhope in Ms Olympia.' The yoke and pole used anciently in ploughing did not differ from those employed for draught in general. Consequently, they do not here require any farther,description. {Vid. Jugum.) To the bottom of the pole, in the compacted plough, was attached the pltmgMail, which, accord- ing to Hesiod, might be made of any piece of a tree (especially the nplvoQ, i. c, the ilex, or holm-oak), the natural curvature of which fitted it to this use. But in the time and country of Virgil,/pains were taken tO: force a tree into that form which was mos' exactly adapted to the purpose. " Conttnuo in sSvis magna mfiexa domatntir In burim, et cwrviformam accipit ulmus arairi.'" The upper end of the buris being held by che ploughman, the lower part, below its junction with the pole, was used to hold the share-beam, which vas either sheathed with metal, or driven bare into Kie ground, according to circumstances. To these three continuous and most essentia) parts, the two following are added in the description of the plough by Virgil : 1. The earth-boards or mmiM-boards, rising on each side, bending outwardly in such a maimer as to throw on either hand the soil which had been pre- viously loosened and raised by the share, and ad- justed to the share-beam, which was made double for the purpose of receiving them : "Binec aures, duplici aptantur derdalia dorso." According to Palladius,* it was desirable to have ploughs both with earth-boards (atmia) and without them (iim- flwia\ 2. The handle, which is seen in Mr. Fellcws'a woodcut, and likewise in the following representa- tion of an ancient Italian plough. Virgil, considers 1. (Hothouse, Journey throiii?!! Albania, &c., vol.,i., p |40j -a (p, 42.1- S :Gcorff., i., 16*1. 170.)— 4. (i,, 43.) aKATRUM. this part as used to turn the plough at the end of the iurrow : " Stivaque, cipal are, I. A chest, in whiqh the Romans were accuse tomed to place their money; and the phrase ex area solvere had the meaning of paying in ready money. When Gicero presses Atticus to send him some itatues from Greece, he says, " A'e dubitaris mittere et area nostm confidilo."^ These chests were either made of or bound with iron or other metals.' The term arcse was usually applied to the chests in which the rich kept their money, and was opposed to the smaller loculi," sacculm,^^ and crumena. II. The Arca was frequently used in later times as equivalent to the fisaus, that is, the imperial treasury.'" III. The Arca also signified the coffin in which persons were buried," or the bier on which the corpse was placed previously to burial." IV. The Arca was also a strong cell made of oak, in which criminals and slaves were confined." ♦ARKEUTHOS. {Vid. Juniperus.) AR'CERA was a covered carriage or litter, spread with cloths, which was used in ancient times in Rome to carry the aged and infirm. It is said to fcave obtained the name of arcera on account of its resemblance to an area}" 1. (Plin., H. N., xix., 24.)— 2. (xxiii., 8.)— 3. (Lindley's. Bot- anj-, p. 180.) — 4. (Georg., ii., 69.)— 5. (F6e, Flore de Virgile, p; Iz., seq.) — 6. (in Virg., 1. c.^Martyn in Virg;., Georg., ii., 69.) —7. (Adams, Append., s. v. Kdjiapas.) — 8. (Cic. ad At., i., 9.— Compare Colum., iii., 3. "Ettres arcam patrisfamiliaa exhau- nt.")— 9. (.luv., xi., 26;xiv.j 259.)— 10. (Jut., i., 89.)— 11, {Jiiv xi 26.)— 12. {Symm., x.,'33.— Cfflmpare Dig. 50, tit. 4; s. I.)— 13. (Aur. Vir.t., dc Vir. Dl., c. 42.— Luoan, viii^, 736.)— 14. (big 2, tit. 7,s. 7.)— 15. (Cic;,-proMil6n., c. 22.— FestUK, s.v. Robiim )- -16. (Varro. de Ling. Lat., iv., 31. — Gell., xz.. 1.) ARCHAIRES'IAI {upxaipeaiai) were the assem- blies of tlie people which were held for ihe election of those magistrates at Athens who were not chosen by lot. The principal public officers were chosen by lot (/c^iypjjroi), and the lots were drawn annually in the temple of Theseus by the thesmothetai. Of those magistrates chosen by the general at-ieiably of the people (xeiporovrjToi), the most important were the strategi, taxiarchi, hipparchi, and phylar- chi. The public treasurers {ra/iiai), and all the officers connected with the collection c f the tribute, all ambassadors, commissioners of works, &c., were appointed iu the same manner. The people always met in the Pnyx for the elec- tion of these magistrates, even in later times, when it became usual, to meet for other purposes in the Temple of Dionysus.' It is not certain at whal time of the year they met for this purpose, nor who presided over the assembly, but most probably the archons. The candidates for these offices, especi- ally for that of strategus, had recourse to bribery and corruption to a great extent, although the laws awarded capital punishment to that offence, which was called by the Athenians 6eKaa/i6(. The can- vassing of the electors and the solicitation of their votes was called upxaipcaiui;ew. The magis- trates who presided over the assembly mentioned the names of the candidates {npo6dMecifiai'), and the people declared their acceptance or rejection of each by a show of hands. They nevf.r appear to have voted by ballot on these occasions. Those who were elected could decline the office, alleging upon oath some sufficient reason why they were unable to discharge its duties, such as labour- ing imder a disease, &c. : the expression for thi« was k^oiivvaSai tt/v upxvv., or ttjv xetporoviav.^ If, however, an individual accepted the office to which he was chosen, he could not enter upon the dis. charge ofhis duties till he had passed his exami' nation {ihnifiaata) before the thesmothetae. If he failed in passing his examination {uiiodoKi/iaodfivcu), he incurred a modified species of art/ila* All puh- Uc officers, however, were subject to the iirixeLpa- reola, or confirmation of their appointment by each t.acc tUm laTpCiv), others explain it to mean " the physician to the prince" {quasi tov upxovroQ iarpog). Upon the whole, it seems much more probable that the former is the true meaning of the word, and fol these reasons: 1. From its etymology it cannot 1. (PoUni, viii., 134.)— 2. (Deraosth., De Coron., p. 277.)— 3, (Demosth., ircpi TlapaTrp.^ p. 379.) — 4. (Demosth. in Aristog., i p. 779.)— 5. (rW. Demosth., c. Timoth., p. 1187 ; c. Thcociin. p. 1330.— Dir arch, in Philocl., c. 4. — Compare Schumann, dl Comitiis Ath., p. 320 330.)— 6. (Demosth., De Cor., p 275.)— 7 (Demosth., Trepi IlafiaTri}., p. 381 ; in Aristog., i., p. 799.— Paus i.. 3, « 4.) 81 ARCHIATEit possibly have any other sense, and of all the words similarly formed (apxiTenTuv, upxiTpiicTuvo;, apxi- evlmo-KOc, &c.) there is not one that has any refer- ence to " tlie prince." 2. We find the title applied to physicians who lived at Edessa, Alexandrea, &c., where no king was at that time reigning. 3. Ga- len' speaks of Andromachus being appointed "to rule over" the physicians (iipxeiv), i. e., in fact, to be " archiater." 4. Augustine' applies the word to ^sculapius, and St. Jerome (metaphorically, of course) to our Saviour,' in both whicn pases it evi- dently means " the chief physician." 5. It is ap- parently synonymous with protonwdicMS, supra medi- cos, drrminvs medicorwm, and svperpositms medicmTim-, all which expressions occur in inscriptions, &c. 6. We find the names of several persons who were physicians to the emperor mentioned without the addition of the title archialsr. 7. The archiatri were divided into A. sancti palatii, who attended on the emperor, and A. populares, who attended o"j the people; so that it is certain that aU those w),o bore this title were not "physicians to the prime." The cliief argument in favour of the contrary opin- ion seems to arise from the fact, that of all those who are known to have held the office of A., thc greater part certainly were physicians to the em- peror as well ; but this is only what might, & priori, be expected, viz., that those who had attained the highest rank in their profession would be chosen to attend upon the prince (just as in England the President of the College of Physicians is ex-oflicio physician to the sovereign). The first person whom we find bearing this title is Andromachus, physician to Nero, and inventor of the Theriaca.* (Vid. Theriaca.) But it is not known whether he had at .the same time any sort (if 'authority over the rest of the profession. In fact; the history of the title is as obscure as its meaning, and it is chiefly by means of the laws respecting the medical profession that we learn the ranlr and duties attached to it. In after times (as was stated above) the order appears to have been divided, and we find two distinct classes of archia- tri, viz., those of the palace and those of the people.' The A. sancti palatii were persons of high rank, who not only exercised their profession, but were judges on occasion of any disputes that might oc- cur among the physicians of the place. They had certain privileges granted to them, e.g., they were esempted from all taxes, and their wives and chil- dren also ; were not obliged to lodge soldiers or <»tbers in the provinces ; could not be put in prison, &e. ; for, though these privileges seem at first to feave been common to all physicians,' yet after- ward they were confined to the A. of the palace ' and to those of Rome. When they obtained their dismissal from attendance on the emperor, either from old age or any other cause, they retained the title ex-arckiatri or ex-archiairis.'' The A, populares were established for the relief of the poor, and each city was to be provided with five, seven, or ten, ac- cording to its size.' Rome had fourteen, besides one for the vestal virgins, and one for the gymnasia.' They were paid by the government, and were therefore obliged to attend their poor patients gra- tis, but were allowed to receive fees from the rich." The A. populares were not appointed by the gov- ernors of the provinces, but were elected by the people themselves." The ofiice appears to have been more lucrative than that of A. s. pal., though less honourable. In later times, we find in Cassio- dorus" the title " comes arckiatrorum," " count of the 1. (De Ther. ad Pia., c. 1.)— 2. (De Civit. Dei,iii., 17.)— 3. (Tiii., Horn, in S. Lnc.)-— 4. {Galen, 1. c. — Erotian., Lex Voc. HippocT., in Praef.) — 5. (Cod. Theodos., xiii., tit. 3, De Medicis et IVofeaaoribus.)-— 6. (Cod. Just., x., tit. 52, s. 6, Medicos et maxims Archiatros.) — 7. (Constantin.. Cod. x., tit. 52, leg. 6.) — e. (Dif. 27, tit. 1, s. 6.)— 9. (Coil. Theodos., 1. c.)— 10. (Cod. Theodos., l.c.)- II. (Dig. 50, tit. 9, s. 1.)— 12. {Vid. Meibom., Cominenf in Ca/.'. Fornml. Arch.itr., ITelmst., 1668;) 92 ARCHON, archiatri," together with an account of his dunes by which it appears that he was the arbiter aw judge of all disputes and difficulties, and ranked among the officers of the Empire asa-mcanus or datx.' ARCHIMI'MUS. {Vid. Mmvs.) ARCHITECTU'RA. (Vid. AMPumiE-tTRUM, AavE Ductus, Arcus, Basilica, Bath, HorcB, Templk, &c.) ARCHITHEO'ROS. (TR Theoria.) ARCHON {apxuv). The government of Athoiit appears to have gone through the cycle of changes, which history records as the lot of many otnet states.' It began with monarchy ; and, after pass- ing tlirough a dynasty and aristocracy, ended in democracy. (By dynasty is here meant that the supreme power, though not monarchical, was con- fined to one family.) Of the kings of Athens, con- sidered as the capital of Attica, Theseus maybe 'laid to have been the first; for to him, whether as a real individual or a representative of a certain period, is attributed the union of the diflerent and independent states of Attica under one head.' The last was Codms, in acknowledgment of whose patriotism in meeting death for his country, the Athenians are said to have determined tliat no one should succeed him with the title of /SaotXfi'f, or king. It seems, however, equally probable, that it was the nobles who availed themselves of this op- portunity to serve their own interests, by abolishing the kingly power for another, the possessors o» which they called upxavrec, or rulers. These for some time continued to be, like the kings of the house of Codrus, appointed for life : still an impor- tant point was gained by the nobles, the office being made virtvhvvoc, or accountable,* which, of course, implies that the nobility had some control over it ; and perhaps, like the barons of the feudal ages, they exercised the power of deposition. This state of things lasted for twelve reigns of archons. The next step was to limit the continn. ance of the office to ten years, still confining it to the Medontidpe, or house of Ccdrus, so as to estab- lish what the Greeks called a dynasty, till the ar- chonship of Eryxias, the last archon of that family elected as such. At the end of his ten years (B.C. 684), a much greater change took place : the ar- chon ship was made annual, and its various duties divided among a college of nine, chosen by suflrago iX^'poTovia) from the Eupatridae, or Patricians, and no longer elected from the Medontidas exclusively. This arrangement continued till the timocracy es- tablished by Solon, who made the qualification for office depend not on birth, but property, still retain- ing the election by suffrage, and, according to Plu- tarch, so far impairing the authority of the archonS' and other magistrates as to legalize an appeal from them to the courts of justice instituted by himself.' The election by lot is believed to have been introdu- ced by Cleisthenes (B.C. 508) f for we find this prac- tice existing shortly after his time ; and Aristotle ex- pressly states that Solon made no alteration in the alpeai^, or mode of election, but only in the qualifica- tion for oflice. If, however, there be no interpolation in the oath of the Heliasts,' we are forced to the con- clusion that the election by lot was as old as the time of Solon; but the authority of Aristotle and other ev- idence strongly incline us to some such supposition, or, rather, leave no doubt of its necessity. The lasl change is supposed to have been made by Arislei- des,» who, after the battle of Plat8ca(B.C. 479), 1. (y«. Le Clero, and Sprengel, Hist, do la Med.)— 2. (Viw Snicuza Nuova.— Pliil. Mus., vol. ii., p. 627.— Arnold, Thucvdi'i Append,)- 3. (Thuoyd., ii., 15.)— 4. (Pans., ii., 6, l> 10.— Iff mos)!)i., Neasr., 1370.— Aristot., Polit., ii., 9.— BBckh, Pub. Eciai - of Athens, U., p.^27, tl-an5l.)-p5. ("Oo-a rajff ^PXat? cVtt^fi Kplvut Pltttaroli, Solon., 18.)— 6. (Herod., ii., c. 109.)— 7. (DemoBin Timocr., p. 747.) — 8. (Fpff^ci ^f^itrfia koiviiv e^vai Tifv roX/'- €lnv, Kai TOlV apxovrns f? 'ARrjriiwi; wnvrwv ulociirOat' P." tarch, Arist.) ARCHON. ARCHON. abolished the property qualification, throwing open •.he archonship and otiier magistracies to all the citi- zens, that is, to the Thetes as well as the other classes, the former of whom were not allowed by Solon's laws to hold any magistracy at all; in con- formity with which, we iind that, even in the time of Aristeides, the archons were chosen by lot from lUo wealthiest class of citizens {oi irevraitoaioiiiSi/i- Still, after the removal of the old restrictions, seme security was left to ensure respectability; for, previously to an archon entering on ofiice, he un- ucnvent in examination, called the tivuKpiaigf as to his being a legitimate and a good citizen, a good son, and qualified in point of property: d kx^i to ri/irifia ; was the question put. Now there are' strong reasons for supposing that this form of ex- amination continued even after the time of Aris- teides ; and if so, it would follow that the right in question was not given to the Thetes promiscuous- ly, but only to such as possessed a certain amount of property. But even if it were so, it is admitted that this latter limitation soon became obsolete; for we read in Lysias' that a needy old man, so poor as to receive a state allowance, was not disqualified from being aichon by his indigence, but only by bodily infirmity ; freedom from all such defects be- ing required for the office, as it was in some re- spects of a sacred character. Yet, even after pass- ing a satisfactory avuKpiaic, each of the archons, in common with other magistrates, was liable to be deposed, on complaint of mis londuet made before the people, at the first regular assembly in each prytany. On such an occasion, the ivixeiporovia, as it was called, took place ; and we read' that, in one case, the whole college of archons was deprived of oflloe {uTcexeipoTov^Bri) for the misbehaviour of •'He of their body : they were, however, reinstated, en promise of better conduct for the future. (Vid. Arciuiresiai.) AVitli respect to the later ages of Athenian histo- ay, we learn from Strabo' that even in his day {.mxpi- '''^) tlie Romans allowed the freedom of Athens; and we may conclude that the Athenians would fondly cling to a name and office associated \riih some of their most cherished remembrances. That the archonship, however, though still in ex- istence, was merely honorary, we might expect from the analogy of the consulate at Rome ; and, indeed, we learn that it was sometimes filled by strangers, as Hadrian and Plutarch. Such, more- over, was the democratieal tendency of the assem- bly and courts of justice established by Solon,' that, even in earlier times, the archons had lost the great political power which they at one time pos- sessed,' and that, too, ai^er the division of their functions among nine. They became, in fact, not, as' of old, directors of the government, but merely municipal magistrates, exercising fimctions and bearing titles which we will proceed to describe. It has been already stated that the duties of the single archon were shared by a college of nine. The first, or president of this body, was called up- XiM by, way of pre-eminence ; or upxav inCimiiog, from the year being distinguished by and registered in his name. The second was styled upxuv Paa- i^nif, or the king archon ; the third, KoXepapxoc, or ccmmander-in-chief I the remaining six, -^caficBerai, or legislators. As regards the duties of the archons, it is sometimes difficult to distinguish what belong- ed to them individually and what collectively.' It seems, however, that a considerable portion of the I. (Plat., Arist., ad init.)— 2. (Pollux, Ouom., viii., 96 Di- nar., c. Aristof?., p. 107; roits hvea dp\,ovTas avanplvzTC si yovias tZ -noiovmv. Demosth., Eubul., 1.320.) — 3. (SchSmanB, be. Comit. Ath., 296, ti-anal.— BSckh, ii., 2"7.)^4. (in-fp roii 'ASmdrov, p. 169.)— 3. (Dempsth., c. Thenor., 1330.— PqHuj;, nil., 95. — Jlajrpocr.inKopli fKK^riTin.} — fi (ix. p. 1) — " (Pbit. *i vita.) 8. fThucvi'... i-. 126.) — 9. /Scihtlmann. (74. trfijial,) judicial functions of the ancicait kings devolved upon the upxuv inuvviiog, who was also constituted a sort of state protector of those who were imable to defend themselves.' Thus he was to superintend orphans, heiresses, families losing their representa- tives {oIkoi ol i^epri/ioijj.evoi), widows left pregnant, and to see that they were not wronged in any way. Should any one do so, he was empowered to inflict a fine of a certain amount, or to bring the parties to trial. Heiresses, indeed, seem to have been under his peculiar care ; for we read' that he could com- Eel the next of kin ' either to marry a poor heiress imself, even though she were of a Ijwer class, or to portion her in marriage to another. Again, we find" that, when a person claimed an inheritance or heiress adjudged to others, he summoned the party in ' possession, before the archon eponymus, who brought the case into court, and made arrange- ments for trying the suit. We must, however, bear in mind that this authority was only exercised in cases where the parties were citizens, the pole- march having corresponding duties when the heir- ess was an alien. It must also be understood that, except in very few cases, the archons did not decide themselves, but merely brought the causes into court, and cast lots for' the dicasts who were to trj' the issue.* Another duty of the archons was to re- ceive eiaa-yyi^iai, or informations against individu- als who had wronged heiresses, children who had maltreated their parents, guardians who had neg- lected or defrauded their wards.* Informations of another kind, the Ifdnftf and fuaic, were also laid before the eponjrmus, though Demosthenes assigned the former to the thesmothetae. The last office of the archon which we shall mention was of a sacred character ; we allude to his superintendence of the greater Dionysia and the Thargelia, the latter eels- brated in hoiiour of Apollo and Artemis. The functions of the apxav ^aaAeif were almo»< all connected with religion : his distinguishing title shows that he was considered a representative of the old kings in their capacity of high-priest, as the Rex Sacrificulus was at Rome. Thus he presided at the Lensean, or older Dionysia; superintended the mysteries and the games called la/ivaSTi^opiai, and had to ofier up sacrifices and prayers in the Eleu- sinium, both at Athens and Eleusis. Moreover, in- dictments for impiety, and controversies about the priesthood, were laid before him ; and, in cases o) murder, he brought the trial into the court of the arei- opagtis, and voted with its members. His wife, also, who was called paaiXiaaa, had to offer certain sac rifices, and therefore it was required that she should be a citizen of pure blood, without stain or blemish. His court was held in what was called i] -ov jiac- Afuf aroa.' , ', The polemarch was.originaliv, as his name de- notes, the commander-in-chief;'' and we find him discharging military duties as late as the battle of Marathon, in conjunction with the ten cTparriyoi : he there took, like the kings of old, the command of the right wing of the army. This, however, seems to be the last occasion on record of this ma- gistrate, appointed by lot, being invested with such important functions ; and in after ages we find that his duties ceased to be military, having been in a great measure transferred to the protection and su- perintendence of the resident aliens, so that he re- sembled in many respects the prtetor peregrinus at Rome. In fact, we learn from Aristotle, in his 1. (Demosth., Macar., Ni^fios, p. 1076.— Poltax, viii , 89.)— 3. (Demostli., Macar., p. 1052.)— 3. (Id., p. lO.'^'i.— Pollux, Ouom., viii., 62.)^. (Demosth., c. Steph., 2, p. 1 136.)— 5. (KillpiijiTii iiTiKX^povt yoi'/wv, 4fHpav(dv. Pollux, Onom., viii., 48, 49.— De mosth., Timocr., 707. — Schamann, 174.) — 6, (Demosth., Locr., 940.— Androt., 601.— Neajra, 1370.— Lysias^ And., 103, where th» duties are enumerated. — Elmsley atl Aristu'ph., Acliini., 1143, lu scholia.— Clinton, F. H., 468, 4.— Ilarpocr. in 'EtjutAijriif rail livtrrrifimv. Plntn. Euthv. et Thcajt., ail fin Pollux, ^^tlme„ int. 90.)— 7. (Herod., vi . 109. 111.— PolJnx. Dnom., viii 81 i AROHOJN'. ARKTOS. " Conslitutiiun of Athens," that the .polemarch stood in the same relation to foreigners as the archon to citizens.' , Tnus, all actions affecting atieus, the isQteles and proieni, were brought before him pre- viously to trial; as, for instance, the dixi; intpoc- raaiov against a foreigner for living in Athens with- out a patron ; so was also the cSi/oj uirocraaiov against a slave who failed in his duty to the master Tvno had freed him. Moreover, it was the pole- march's duty to offer the yearly sacrifice to Artemis, in commemoration of the vow made by CalUmachus at Marathon, and to arrange the funeral games in honour of those who fell in war. These three ar- chons, the eTravv/Joi, /Jacri/lnif, and voXi/iapxos, were each allowed two assessors to assist them in the discharge of their duties. The thesmothetEE were extensively connected with the administration of justice, and appear to have been called legislators,' because, in the ab- sence of a written code, they might be said to make, laws, or •3-ea/ioi, in the ancient language of Athens, though, in reality, they only declared and explained them. They were required to review, every year, the whole body of laws, that they might detect any inconsistencies or superfluities, and discover wheth- er any laws which were abrogated were in the public records among the rest.^ Their report was submit-^ ted to the people, who referred the necessary alter- ations to a legislative committee chosen for the pur- pose, and called vo/joBcTai,. The chief part of the duties of the thesmothetae consisted in receiving informations, and bringing cases to trial in the courts of law, of the day.s of sitting in which they gave public notice.* They, did not try them themselves, but seem to have con- stituted a sort of grand jury, or inquest. Thus they. received hdei^uc against parties who had not paid their fines, or owed any money 4o the state, and knay- ve/liat against orators guilty of actions which dis- qualified them from addressing the people ; and in default of bringing the former parlies to trial, they lost their right of going up to the areiopagus at the -nd of their year of office.* . Again, indictments for personal in}anes .{vSpcuc ypaai) were laid before ihem, as well as informations against olive growers, for rooting up more, trees than was allowed to. each proprietor by law.' .So, too, were the indictments for bribing the Helisea, or any of the courts of jus- tice at Athens, or the senate, or forming clubs for the overthrow of the democracy, and against, re-, tained advocates {avv^yopoi.) who took bribes either in public or private causes. Again, an information was laid before them if a foreigner cohabited with — 3. (Palis., ii ; 16.) even in ine earliest times ; although it did not occtt, to them to divide the circle by a diameter, and set the half ol' it upright to bear a superincumbent weight. But they made use of a contrivance, even before the Trojan war, by which they were ennbled to gain all the advantages of our archway inmaking' corridors, or hollow galleries, and which, in appear- ance, resembled the pointed arch, such as ife now termed Gothic. • This was effected by cutting away the superincumbent stones in the manner already described, at an angle of about 45° with the'horizon. The mode of construction and appearance of the arches are represented m the annexed drawingof the walls of Tiryns copied fiom Sir William Gell'!! Argolis. The gate of Sigi la (_Se^ni) in Latiuin' exlnbits a similar example Of the different forms and curves of arches nc-w in use, the only one adopted by the Romans was the semicircle ; and theuse of this constitutes one leading distinction between Greek and Roman ar- chitecture, for by its application the Romans .were enabled to execute works of far bolder construction than those of the Greeks : to erect bridges and aquaeddcts, and the most durable and massive struc- tures of brick. "(On the antiquity of the Arch among the Egyptians, Mr. Wilkinson has the fol- lowing remarks:: '' There is reason to believe that some of the chambers in the pavilion of Remeses III., at Medeenet Haboo, were arched with stone, since the devices on the upper part, of their walls show that the fallen roofs had this form. At Sag- gara, a stone arch still exists of 'the time of the second Psammiticus, and, consequently, erected 600 years before our era: nor can anyone, who sees the style of its construction, for one moment doubt that the Egyptians had been long accustomed to the erec- tion of stone vaults. It is highly probable that the small quantity of wood in Egypt, and the consequent expense of this kind of roofing, led to the invention of the arch. It was evidently used in their tombs as early as the commencemBnt • of the eightetotli dynasty, or about the year 1540; B.C. ; and, judg- ing from sojne of the drawings' at Beni Hassan-, il seems to have been known in the time of the first Osirtasen, whom I suppose to have been contempo- rary with Joseph."-— ikfaremers and Customs of the Anc. Egn/ptiahs; vol. ii., p. 11G, 117; 1st series.) ARGUS 'TRIUMPHALIS (a triumphal arch), an entire structure, forming a passage-way, and' erected in honour of an individual, or in commem- oration of a conquest. ■ Triumphal arc'--;s were built across the principal streets of the city, ■ and, according to the space of their respective localities, consisted of a single archway, or a central one foi carriages, and two smaller ones on each side for 8% Icot-passengers. wJiicti suiuetimes have side com- munications with the centre. Those actually made use of on the occasion of a triumphal entry and pro- cession were merely temporary and hastily erected, and, having served their purpose, were taken down again, and sometimes replaced by others of more durable materials. St^rtinius is the first upon record who erected aaything of the kind. He built an arch in the Forim Boarium, about B.C. 196, and another in the Circus Maximus, each of which was surmounted by gilt statues." Six years afterward, Scipio Afri- eanus built another on the Clivus Capitolinus, on which he placed seven gUt statues and two figures cf horses ;" and in B.C. 121, Fabius Maximus built a fourth in the Via Sacra, which is called by Cicero' the Fornix PaManus. None of these remain, the Arch of Augustus at Rimini being one of the earli- est among those still standing. There are twenty-one arches recorded by difierent writers as having been erected in the city of Rome, five of which now remain: 1. Arcus Drusi, which was erected to the honour of Claudius Drusus on the Appian Way.* 2. Arcus Titi, at the foot of the Palatine, which was erected to the honour of Titus, after his conquest of Judsea, but does not appear to have been finished till after his death; since in the inscription upon it he is called Divus, and he is also represented as being carried up to heaven upon an eagle. The bas-reliefs of this arch represent the spoils from the Temple of Jerusalem carried in triumphal procession. This arch has only a single opening, with two columns of the Roman or Com- posite order on each side of it. 3. Arcus Septimii Severi, which was erected by the senate (A.D. 207) at the end of the Via Sacra, in honour of that em- peror and his two sons, Caracalla and Geta, on accoimt ol his conquest of the Parthians and Ara- bians. 4. Arcus Gallieni, erected to the honour of Gallienus by a private individual, M. Aurelius Victor. 5. Arcus Constanlini, which is larger and more profusely ornamented than the Arch of Titus. It has three arches in each front, with columns sim- ilarly disposed, and statrues on the entablatures over them, which, with the other sculptured ornaments, originally decorated the Arch of Trajan. ARGUS (/3i6f, TofoK), the bow used for shooting prrows. The bow is one of the most ancient of all weapons, and has been, from time immemorial, in geir^ra. x.v. j'l: the globe, both among civilized and -a.'u/arous nations. Hence the Greeks and Romans ascribed to it a mythical origin, some say- ing that it was the invention of Apollo, who taught tlfe use of it to the Cretans,' and others attributing the discovery either to Scythes the son of Jupiter, or to Perses the son of Perseus." These several fables indicate nothing more than the very superior skill and celebrity of the Cretans, the Scythians, and the Persians in archery. The use of the bow is, however, characteristic of Asia rather than of Europe. In the Roman armies it was scarcely ever employed except by auxiliaries ; and these auxili- aries, called sagitlarii, were chiefly Cretans and Arabians.' Likewise in the Grecian armies, archers acted only a subordinate though important part. Their position was in the rear; and, by taking advantage of the protection afibrdcd by the heavy-armed sol- diers, who ocupied the front ranks, their skill was rendered very effective in the destruction of the enemy. Thus Homer' gives a long list of names ra the Trojan army of men slain by the arrows of Teucer, the son of Telamon, who accomplished 1. (Liv., miii., 27 )— 2. (Liv., xxxvii,, 3.)— 3. (in Veir., i., .)— 4. (Suet., Claud., i.)— 5. (Diod. Sic, v., 74.)— 6. (Plin., H. N., vii.i 56.) — 7. (Liv., xxxvii., 40 ; xlii., 35. — Compare Xen., Anab., i., 9, ^ 9: Kptjre? ro\6Tai, — Arrian, Exp.Al., i., 8, ^ 8: *' K'!"'^«*«>s. ttift Cretan. loader of the archers ;" Ei'OuSiwrcc. » ^fn> h ToMflv??c.' — o (II.. Tiu., 266-315.) as ARCUS. this object Dy sheltering himself under the ampn shield of his brother Ajax. Among the Scythians and Asiatics, archery was universally practised, and became the principal method of attack. In the description given by He- rodotus' of the accoutrements of the numerous and vast nations which composed the army of Xerxes, we observe that not only Arabians, Medes, Parthi- ans, Scythians, and Persians, but neariy all the othei troops without exception, used the bow, although there were differences characteristic of the several coimtries in respect to its size, its form, and the ma- terials of which it was made. Thus the Indiarib and some others had bows, as well as arrows, made of a cane {KuXa/iog), which was perhaps the bamboo. Herodotus also alludes to the peculiar form of the Scythian bow. Various authorities conspire to show that it corresponded with the upper of the two fig- ures here exhibited, which is taken from one of f ii W. Hamilton's fictile vases. It shows the Scythian or Parthian bow unstrung, and agrees with the form of that now used by the Tartars, the modern repre- sentatives of the ancient Scythss. In conformity with this delineation, an unlettered rustic, who had seen the name of Theseus (6HCETC), says tliat thi! third letter was like a Scythian bow." On the other hand, ilie Grecian how, the usual form of which is shown in the lower of the preceding fig- ures, has a double curvature, consisting of two cir- cular portions united by the handle. The fabrica^ . tion and use of bows of this kind are described by Homer' in the following manner: Pandarus, the Lycian archer, having obtained the long horns of a species of wild goat, had them smoothed and polish- ed by a bowman (Kspao^ooQ tcktuv), fitted to one another at the base, and fastened together by means of a riiig of gold {jypvatTi Kop&vri). Preparing to shoot, he lowers his body (ttotI yairi ayKXivag. Com- Eare the next woodcut). His comranions covet im with their shields. Having fitted the arrow, he draws the string towards his breast ^^vevpr/v ^afu nlTiaaev). The bow (I3i.6g, as opposed to vevpti)' twangs, the string resounds, and the an 3w flies to reach its mark. V/e see this action exhibUcd in the following outline of a statue belonging to (lie group of the iEgina marbles, and perhari? t early as 1. (Vll., 61-80.)— 2. (Ap. Athen., x., p. 454, i.— CompiUl Theocr.. xiu., 56, and Schol. in loc— I.ycophr., 914.— AlllD Marceli., xiii., 8. -Diod. Sic, 1. c)— 3. (II., iv., 10S-12G.V AREA. ARifilOPAGUS. old as ihe age of Homer himself.' The bow, placed in the hands of this statue, was probably of bronze, and has been lost. It is evident that a bow, made and handled in the manner here described, could not be longer than three or four feet, and must have been far less jjow- erful than the Scythian bow. On account of the ir.atetial, it is often called by the classical authors « ha*n {nEpar;^^ curnu^). Tkis difference of size and form caused a differ- ence also ill the mode of drawing the bow. The Greek, with one knee on the ground, drew his right hand with the string towards his breast, as repre- sented in the iEginetan statue, in Homer's accoimt of Pandaru.s, and in Virgil's description* of Camilla ; the Scythian, on the contrary, advancing boldly; to- wards the enemy, and often on horseback, obliged by the length of his bow, which he held vertically, to avoid stooping and to elevate his left hand, drew the other up to his right ear, as is practised by our archers in the present day." The Oriental arrow was long and heavy in proportion to the bow,' and was sent, as Procopius observes, with such force that no shiajSd or thorax could resist it. The bow was sometimes adorned with gold (whence aureus arcus''), The golden ring, or han- dle,; has been already mentioned. Apollo is called l)y Homer " the god of the silver bow" (apyvpoTo^oi:). The bowstring was twisted, and was made either of thongs of leather (veipa fjoaa'), of horse-hair (liTTreia rpixoiai;'), or of the hide, or perhaps the in- testines, of the horse (nenms eguinus^'). When not used, the bow was put into a case (rof- odfiKri, yupvTOc, Corytus), which was made of leather (scorteum"), and sometimes ornamented {(jiaeivoc"). The bowcase is often repeated and very conspicu- ous in the sculptured bas-reliefs of Persepolis. 'Thus encased, the bow was either hung upon a peg" or carried on the shoulders.'* Among the Greek and Roman divinities, the use of the bow is attributed to Apollo, Diana, Cupid, and Hercules ; and they are often repre.sented armed with it in ancient works of art. (_Vid. Sacitta.) ARDA'LION {iipSd?ii,ov or dpSuviov), also called oarpamv from the materials of which it was made, was a vessel of water, which stood before the door of a house in which there was a dead body, in order that those who had been with the corpse might pu- rify themselves by sprinkling the water on their per- sons." *ARD'EA (ipuSi6{), the Heron. Aristotle" de- scribes three species : 1. The kpuSio^ mTAoQ, the Ardea cinerea cristata, L., or common Heron. 2. The X£w/f6f, the ylr((ca a?6a, or Great Egret. 3. The dirrepjof, the Ardea stellaris, or European Bittern. This last is remarkable for flying very high, and hence it.s name {uarepia^, stellaris), as if it flew up 10 the veiy stars. Its attitude also, when at rest, is very singular, the beak being raised up to the heav- ens." Virgil's description of the soaring flight of tliis bird is admirably true to nature : " Notasque paludes Desmt, aJ.que altam supra volut ardea n/uieni."" There is a small species of heron which Gesner supposes may have been the Ma^i'r of Oppian. Some late authors, however, would rather refer the f^o0if to the Coot, or Fulica atra, L," \'REA {aXuc or li/lou), the threshing-floor, was a raised place in the field, open on all sides to the i. (Compare Virer., .ffin,, xL, 858-862.) — 2. (Anacreon, iii. — ilom., Oa., xxi., 395.)— 3. (Vir?., ^n., xi.. 859.)— 4. (1. o.)— 5. (Ettstath. in II.. iv., p. 452.— Procop., Bell. Pers., 1.)— 6. (See Xen., as quoted iiiider Ansa.) — 7. (Vir^., Mn.^ xi., 652.) — 8. 'n.,iv., 122.)- 9. (Hnsyoh.)— 10. (^n., ix.,622.)— 11.' (Festus.) ^la. (Horn, Oil., xxi., 55.)— 13. (Od., 1. c.)— 14. {t6\' u^imctiv •,XiiS,: 11., i . 45— jEn., xi., 652.)— 15. (Hesyoh., s. v.— Pollux, '>norr.,viii../ )— ^6. (H. A., ix.,2.) — 17. (Cuvier'sAnimalKing- J...n, 1 .■.'.. 1., p 376, iransl.l— 18, (Georg.,!., 364.)— 19. (Ailnms, * pprnd . ■. » ) wind. Great pains were taken to make this IIjcm hard; it was sometimes paved with flint stones,' bul more usually covered with clay and smoothed with a great roller." It was also customary to cover it with lees of oil, which prevented insects injuring it, or grass growing upon it.= The grains of the com were beaten out by the hoofs of cattle treading upon it, or by flails (fusies*). AREIOP'AGUS '6 'Apeio; irdyo^. or hill of Ares), at Athens, was a rooky eminence, lying to the west of, and not far from, the Acropolis. Tq accoimt for the name, various stories were told. Thus, some said that it was so called from the Amazon.s, tlie daughters of Ares, having encamped there when they attacked Athens ; others again, as .Ssehylus, from the sacrifices there oflered to that god; while the more received opinion connected the name with the legend of Ares having been brought to trial there by Poseidon, for the murder of his son Halirrho- hius.» To none, however, of these legends did the place owe its fame, but rather to the council ('H iv, 'Apeiu jTuyu l3ov%r)) which held its sittings tlierc, and was sometimes called 'H uva jiov'Kii, to distin guish it from the senate of Five Hundred, which sa; in the Cerameicus within the city. That it was a body of very remote antiquity, acting as a criminal tribunal, was evidently believed by the Athenians themselves. In proof of this, we may refer to the express assertions of the orators, and the legend ol Orestes having been tried before the council for the murder of his mother : a trial which took place bo fore Athena, and which J5schylus represents as the origin of the court itself Again, we find that, even before the first Messenian war (B.C. 740) began, the Messenian king ofliered to refer the points in disputf to the Argi'/e Amphictiony, or the Athenian Arei- opagus ;' a proof not only of the existence of the body, but also that it had already obtained consid- erable reputation for equity in its decisions ; a repo, tation which it must have taken some time to estab- lish. There is sufficient proof, then, that the Areiopa- gus existed before the time of Solon, though he is admitted to have so fax modified its constitution and sphere of duty that he might almost be called its founder. What that original constitution was musi in some degree be left to conjecture, though there is every reason to suppose that it was aristocratical, the members being taken, like ihe Ephetce, from the noble patrician families {upiarwdfiv). We may re- mark that, alter the time of Solon tir'i Ephetae, fifty- one in number, sat collectively :-. four different courts, and were charged with the hearing of such cases of accidental or justifiable homicide as admit- ted of or required expiation before the accused could resume the civil and religious rights he had lost : a resumption impossible in cases of wilful murder,' the capital punishment for which could only be escaped by banishment for life, so that no expiation was re- quired or given.' Now the Epheta; formerly ad- ministered justice in five courts, and for this and other reasons it has been conjectured that they and the Areiopagus then formed one court, which deci- ded in all cases of murder, whether wilful or acci- dental. In support of this view, it has been urged that the separation of functions was rendered neces- sary by that change of Solon which made the Arei- opagus no longer an aristocratic body, while the Epheta; remained so, and, as such, were corapeteLt to administer the rites of expiation, forming, as they did, a part of the sacred law of Athens, and there- fore left in the hands of the old patricians, even al- ter the loss of their political privileges. On this point we may remark, that the connexion insisted 1. (Colum., i., 6.)— 2. (Virg., Geovg., i., 178.)— 3. (Cato, D« Re Rust., 91, 129.)— 4. (Colum., ii., 21 )— 5. (Demosth., Aris, p. 642.— -Escliyl., Eumen., 659.)— 6. (Paus., iy., 5, 1.— Tl.irt wall, Hist. Greece, vol. i., p. 345.)— 7. (MuUer, Euracn., 64.— Pollux, Onom., viii., 125.) AREIOPAGUS. OB may to a great extent be true; but that there was not a complete identity of functions is proved by Plutarch {Solon), in a quotation from the laws of Solon, showing that even before that legislator the Areiopagites and Ephetfe were in some cases distinct. It has been observed, in the article Archon, that the principal change introduced by Solon in the constitution of Athens was to make the qualification for office depend, not on birth, but property ; also that, agreeably to his reforms, the nine archons, af- ter an unexceptionable discharge of their duties, " T^eat up" to the Areiopagus, and became members of it for life; unless expelled for misconduct.' The council then, after his time, ceased to be aris- tocratic in constitution ; but, as we learn from Attic writers, continued so in spirit. In fact, Solon is said to have formed the two councils, the senate and the Areiopagus, to be a check upon the democ- racy; that, as he himself expressed it, "the state, riding upon them as anchors, might be less tossed by storms." Nay, even after the archons were no longer elected by suffrage, but by lot, and the office was thrown open by Aristeides to all the Athenian citizens, the "upper council" still retained its former tone of feeling. We learn, indeed, from Isocrates," that no one was so bad as not to put off his old hab- its on becoming an Areiopagite ; and, though this may refer to private rather than public conduct, we may not unreasonably suppose that the political principles of the younger would always be modified by the older and more numerous members : a modi- fication wliich, though continually less in degree, would still, be the same in direction, and make the Areiopagus what Pericles found it, a counteracting force to the democracy. Moreover, besides these changes in its constitution, Solon altered and ex- tended its functions. Before his time it was only a criminal court, trying cases of " wilful murder and wounding, of arson and poisoning,"' whereas he gave it extensive powers of a censorial and political nature. Thus we learn that he made the council an "overseer of everything, and the guardian of the ia%'/s," empowering it to inquire how any one got his living, and to punish the idle.* We learn from other authorities that the Areiopa- gites were " superintendents of good order and de- cency," terms rather unlimited and undefined, as it is not improbable Solon wished to leave their au- thority. There are, however, recorded some par- ticular instances of its exertion.' Thus we find that they called persons to account for extravagant and dissolute living, and that, too, even in the later days of Athenian history. On the other hand, they occasionally rewarded remarkable cases of indus- try, and, in company with certain officers called jTvajjcoi/ii/ioimadedomiciliary visits at private enter- tainments, to see that the number of guests was not too large, and also for other purposes. But their censorial and political authority was not confined to matters of this subordinate character. We learn from Aristotle," that, at the time of the Median inva- sion, when there was no money Jn the public treas- ury, the Areiopagus advanced eight drachmae a man to each of the sailors : a statement which proves that they had a treasury of their own, rather than any conirol over the public finances, as some have inferred from it.' Again we are told' that, at the time of the battle of Chsroneia, they seized and put to death those who deserted their country, and that they were thought by some to have been the chief preseryatiiin of the city. 1. (Dinan:., c. Demosth., p. 97.— Plutarch, Vit. Sol.)— 2. (Areiop.j 147.)— 3. (Pollux, Onom., viii., 117. — ^Demoglh., Aris., 52".)— 4. (Plutarch, Vft. Sol.— Isocr., Areiop., 147.)— 5. (Athe- liieas, Iv., p. 167, f. ; IfiS, b. ; ed. Dindorf., vi., 245, c. — Pollux, Onor.:., viii., 112.)— B. (Plutarch, Them., 10.— Vid. BBokh.Puhlic Econ. of Athens, vol. i., p. 208, transl.)— 7. (Thirlvrall, Hist, fileete, vol. Jii,, Aiip. 1 .) — 8. (Lvmrtr , ''■. T-coc, 154.) 88 AKK1OPAG0S. It is probable that public opinion supported them in acts of this kind, without the aid of whichthey must have been powerless for any such objects. In connexion with this point, we may add that, whec heinous crimes had notoriously been committed, bm the guilty parties were riot known, or no accuser appeared, the Areiopagus inquired into thi snbjeet, and reported {uno(iiaivctv) to the demus. The re-^ port or information was called uvofaaig. This was a duty which they sometimes undertook on their own responsibility, and in the exercise of an old- established right, and sometimes on the order of thu demus.' Nay, to such an extent did they carry this power, that on one occasion they apprehended an individual (Antiphon) who had been acquitted by the general assembly, and again brought him to a trial, which ended in his condemnation and death.' Again we find them revoking an appointment whereby jEschines was made the advocate of i Athens before the Amphictyonic council, and sub- stituting Hyperides in his room. In these tvn cases, also, they were most probably supported by public opinion, or by a strong party in the state.^;;v/ They also had duties connected with religioiiji one of which was to superintend the sacred olives growing about Athens, and try those who were Charged with destroying them.* We read, too, that in the discharge of their duty as religious cen- sors, they on one occasion examined whether the wife of the king archon was, as required by law, an Athenian; and finding she was not, imposed- a fine upon her husband." We learn from the same pas- sage that it was their office generally to punish the impious and irreligious. Again we are told, though rather in a rhetorical way, that they relieved the needy from the resources of the rich, controlled the studies and education of the young, and interfereii s with and punished public characters as such.' Independent, then, of its jurisdiction as a crimi- nal court in cases of wilful murder, which Solon continued to the Areiopagus, its influence must have been sufficientlv great to have been a consid' erable obstacle to due aggrandizement of the de- mocracy at the expense of the other parties in tbo state. In fact, Plutarch' i '^pressly states that, So» Ion had this object in view in its reconstruction; and, accordingly, we find that Pericles, who neve/ was an archon or Areiopagite, and who was oppo- sed to the aristocracy for many reasons, resolved to diminish its power aiid circumscribe its sphere of ac- tion. His coadjutor in this work was Ephialtes, a statesman of inflexible integrity, and also a military commander.' They experienced much opposition in their attempts, not only in the assembly, but also on the stage, where j^schylus produced his tragedy of the Eumenides, the object of which was to im- press upon the Athenians the dignity, the sacred- ness, and constitutional worth of the institution which Pericles and Ephialtes wished to refomu He reminds the Athenians that it was a tribunal instituted by their patron goddess Athena, and puts into her mouth a popular Harangue full of warning? against innovations, and admonishing them to leave the Areiopagus in possession of its old and well grounded rights, that under its watchful guardian- ship they might sleep in security.' Still the oppo- sition failed : a decree was carried, by which, as Aristotle says, the Areiopagus was "mutilated," and many of its hereditary rights abolished." Ci- cero, who in one place speaks of the council as governing Athens, observes in another, that from that time all authority was vested in the ecclesia. 1. ( Biriarchus, c. Demosth., 97. — Schumann. De Comil. Athen., 217, transl.)— 2. (Demosth., Do Cor., 271, 272.— W- narch., c. Demosth., p. 08.)— 3. (Demosth., ihid.)— 4. (Lysia* TTtpi r/jmu., 109-111.)— 5. (Demnsth., Neasr., 1373.)— 6. (Isocr, Areiop., p. 151.) — 7. (Solon, Pericl.) — 8. (PlutoiT.h, C.'tm. Pericl.)— 9. OVWller, Eumeu., 35.)— 10. (Aritti.t., Polit,)i,» — C'--., DeNat Deor.. ii.. 20: DoRen., i.. 27.) ' AREIOtAGUb. AREIOPAGUS. and the slate robbed of its ornamcmt and honour. Plutarch' tells us that the people deprived the Areiopagus of nearly all its judicial authority (raf uphaeiQ ttA^u oXtyiov uTratraf), establishin,^ an unmixed democracy, and making themselves su- preme in the courts of justiee, as if there had for- merly been a superior tribunal. But we infer from another passage that the council lost considerable authority in matters of state; for we learn that ^ithens then entered upon a career ol conquest and aggrandizement to which she had previously been a stranger; that, " like a rampant horse, she would not obey the reins, but snapped at Euboea, and leap- ?.d upon the neighbouring islands."; ■ These ac- counts in themselves, and as compared with others, are sufficiently vague and inconsistent to perplex snd embarrass ; accordingly, there has been much discussion as to the precise nature of the alteration's which Pericles effected.; some, among-whom we may mention Midler,'' are of opinion that he depri- ved the Areiopagus of their old jurisdiction in cases of wilful murder; and one of his chief arguments is, that it was evidently the design of jEschylus' to support them in this prerogative, which i therefore must have been assailed. For a sufficient answer to this, we would refer our readers to Mr. Thirl- wall's remarks,^ merely stating, in addition, that Demosthenes* expressly affirms, that neither tyrant nor democracy had ever dared to take away from them this jurisdiction. In addition to which, it may be remarked, that the consequences ascribed to the innovation do not seem to us to indicate that the Arei- opagus lost its authority as a criminal tribunal, but rather that it was shorn of its power as superin- tending the morals and conduct of the citizens, both in civil and religious matters, and as exercising some control-over their decisions. Now an author- ity of the former kind seems far removed from any political influence, and the popular belief as to its- origin would have made it a dangerous object of attack, to say nothing of the general satisfaction the verdicts had always given. We may observe, too, that one of the chief features of a democracy is to make all the officers of the state responsible ; and that it is not improbable that one of the changes miiodueed by Ephialtes was to make the Areiopa- gus, like other functionaries, accountable to the de- mus for their administration, as, indeed, we know they afterward were.' This simple regulation would evidently have made them subservient, as they seem to have been, to public opinion; whereas no such subserviency is recorded in criminal matters, their tribunal, on the contrary, being always spoken of as most just and holy; so much so, that Demosthenes says' that not even the condemned whispered an insinuation against the righteousness of their ver- dicts. Indeed, the proceedings before the Areiopa- gus, in cases of murder, were, by their solemnity and fairness, well calculated to ensure just decis- ions. The process was as follows: The king ar- chon' brought the case into court, and sat as one of the judges, who were assembled in the open air, probably to guard against any contamination from the criminal.' The accuser, who was said elc 'kpnov myov itnnK^TrTeiv, first came forward to make a solemn oath {diofioaia) that his accusation was true, standing over the slaughtered victims, and imprecating extirpation upon himself and his whole family were it not so. The accused then denied the charge with the same solemnity and form of oath. Each party then stated his' case with 1. (Cimon.)— 2. (Ekih., 371,)— 3. (Hist. Greece, vol. iii., p, g4> 4, (c. Arist., p. 641. For an able vindication of this state- ment of Demosthenes, the reader is referred to Hermann, Opusc. vol. iv., p. 299.) — 5. (.^schin., c. Ctes., p. 56. — Bflckh, Pablic'Econ of Athens; vol. i., p. 353, transl.) — 6. (Aristot., p. 041 642.) 7. (Pollii:t, Onom., viii., 9, ^ 90.) — 8. (Antiphon, De Cxde Herod., p. 130, 30. — Demosth., c. Alist.. 1. c. — Pollux. O.iom., viii., 33.) M all possible plainness, keeping strictly lo ll b suiv jectj and not being allowed to appeal in any way to the feelings or passions of the judges.' After th<", first spe'^ch,' a criminal accused of ftiurdcr migh: remov-e from Athens, and thus avoid the capital punishment fixed by Draco's Qeajioi, which on thi.'j point were still in force. Except in cases of p.'uri- cide, neither the accuser nor the court had pc rer to prevent this; but the party who thus evaded tljc extreme punishment was not allowed to rcnui home ;' and when any decree was passed at Aiii - ens to legalize the return of exiles, an exception was always' made against those who had thus left their country,* The reputation of the Areiopagus as a criminal court was of long continuance, as We may leam from an anecdote of Aulus Gellius, who tells us' that C. Dolabella, proconsul' of the Roman prov- ince of Asiaj referred a case which perplexed him- self and his council to the Areiopagus {ut ad judices graviores exercitaiioresque) ; • they ingeniously settled the matter by ordering the parties to appear that day 100 years (centesimo a-rmo adesse). They exist- ed in name, indeed, till a very late period. Thus we find Cicero mentions the council iri his letters ;* and under the Emperors Gratian and Theodosius (A.D. 380), 'PoiipfOf *^0T0f is called proconsul of Greece, and an Areiopagite.' Of the respectability and moral worth of the. council, arid the respect that was paid to it, -vve have abundant proof in the writings of tlie orators, where, indeed, it would bo difficult to find it men- tioned except in terms of praise. Thus Lysia.' speaks of it as most righteous and venerable;' and so great was the respect paid to its members, that it was considered rude in the demus laughing in their presence, while one of them was making an address to the assembly on a subject they had been deputed to investigate. This respect might, of course, facilitate the resumption ■ of some of theif lost power, more especially as they were sometimes intrusted with inquiries on behalf of the state, c on the occasion to which we have just alluded, when they were made a sort of commissioners to inquire into the state of the buildings about the Pnyx, and decide upon the adoption or rejection of some proposed alterations. Isocrates, indeed, evea in his time, when the previous inquiry or SoKi/iaaia had fallen into disuse, speaks well of their mord influence; but, shortly after the age ()f Demetrius Phalereus, a change had taken place ; they had lost much of their respectability, and were but ill fitted to enforce a conduct in others which they did no* observe themselves. The case of St. Paul is generally quoted as _ ._ instance of their authority in religious matters; but the words of the sacred historian do not necessarily imply that he was brought before the council. It may, however, be remarked, that they certainly took cognisance of the introduction of new and un- authorized forms of religious worship, called kni- Bera Upu, in contradistinction to the vurpia or older rites of the state.' There was also a tradition that Plato was deterred from mentioning the name of Moses as a teacher of the unity of the Godhead, by his fear of the Areiopagus." With respect to the number of the Areiopagu" ■'- its original form, a point of no great moment, thci. are various accounts ; but it is plain that there couM have been no fixed number when the archons be- came members of this body at the expiration of 1. iirtipoiiiidl,wBai ftvK i^rlv (jv5i olKrKcodat: Ajistot., Sbet., i:, 1. ---Pollux, Onom., viii , 117.) — i. (/^sra rbv TTfOTppdv Xdyov-i — 3. (tbetJYEt atitPMylav.) — 4. (oi l^ ' 'Apdov Trdy; u . n est sic : Oppins mons pri-iiceps" &c., which is fallowed by a description of the neigh- bourhood. There was a tradition that these argei were named from the chieftains who came with Hep. ules, the Argive, to Rome, and occupied the tiipitoline, or, as it was anciently called, Saturnian Hill. It is impossible to say what is the historical value or meaning of this legend ; we may, however, notice its conformity with the statement that Rome ^vas founded by the Pelasgians, with whom the ua-ce of Argos was connected.' The name argei was also given to certaii figures thrown into the Tiber from the Sublician bridge, 01 the Ides of May in every year. This was done by the pontifices, the vestals, the praetors, and other citizens, after the performance of the customary sacrifices. The images were thirty in number, made of bulrushes, and in the form of men {eUala ' -''peUeTia). Ovid makes various suppositions to ac< ount for the origin of this rite ; we can only cot jecture that it was a symbolical offering to pro- pitiate the gods, and that the number v.a.s a repre- sen-ative either of the thirty patrician curije at Ror.ie, or perhaps of the thirty Latin townships." *ARGEMO'r\E {upye/iavij), a species of plant, which Dodonaans is almost disposed to regard as ide)itical with the Glaucium, or Horned Poppy. Spraiigel sets ii down for the Papaver argettume. The paragraph in Dioscorides, in which the second Sjiecica is described, would seem to be spurious. Flir Y vails this plant Argemnnia, and assigns it va- nou'.i ciirative properties in affections of the nervous .^..teta, gout, angina, &c." I. {rsp. Tou StjmS, p. 110, 111. — Vid. Argum. Orat., c. An- (irpt.>-2. (Suet., Octav., 74.)— 3. (Sat. xv., 15, 16.)— 4. (Ep. 89.)— 9 (Casavb. in Suet., Octav., 74.)— 6. (Rupeiti in Juv., rr, ia/-7. (Adversaria, x., 12.)— 8. (i., 22.)— 9. (Varro, De Linf. lat , iv.— Ovid, Fast., iii., 791.— Aul. Gell., <., 15.— Nie- buhr, Roui. Hist., i., p. 214, transl.)— 10. (Varro, be Ling. Lat., vi.— < vid. Past., v., 621.— Dionys. Ilalicar., i., 19, 38.— Plu- tarch, Qmjs. Uoin., p. 102, Reiske.— Arnold, Rom. Hist., vol. i., p. 67 — Bunspn und Plattner, Beschreibunp Roms, vol. i., p. 888-782.)- -il. (Dicscor , ii.. 2no -Adams, Append., s. v.) 90 AKGEiN'IUM. ARGENT A'RII, bankers or money-thangf rs u Rome. The public bankers, or nicnsani, are lo \k distinguished from the argerUara. The highest class of mensarii, the meiisarii (jimupieviri or Vi-iuin, vin, were a sort of extraordinary magistrates, the office being generally filled by persons ot high raultj their business was to regulate the debts ot the citi- zens, and to provide and distribute specie on cmiip gencies.' I'here were other mensarii, who stood lower than these, and whose office approximated to that of the argentarii ; and still lowei- stood the nuvmmlard, though these were also public function- aries. The argentarii, on ilie contrary, were private bankers, who did all kinds of broking, commission, and agency business for their customers. Thev are called argeiUarii ; argentem viensa exerdtarest argcnli disl/radores ; luigotialcn-es slipis argenla'/ia.' Their private character is clear, from what XJlpian says:^ " Tniej-nte (i. e., argentariai) p^Micee sunt, quarum usus ad privatos pertinet." Almost all money transactions were carried on through their interven- tion, and they kept the account-books of their cus- tomers. Hence all temis respecting the relation between debtor and creditor were borrowed from banking business : thus, rationem acjxpti sa-ibere ("to put down on the debtor's side in the banker's book") means " to borrow money ;" rescribere, " to pay it back again;" nomen (an item in the account) is "a debt," or even " a debtor," as when Cicero says,* " Ego meis rebus gestis hoc sum assecnUus ut bonum nomen existimer.'"' On these books of account, which have given rise to the modern Italian system of book-keeping by double entry, see Pliny, Hist. Nat., ii., 7. The fimctions of the argentarii, besides their original occupation of money-changing {permutatin ar^CTiii), were as follows : ]. Attending public sale?, as agents for purchasers, in which case they i\ Jre called interpretes.^ 3. Assaying and proving mo ley {probatio rmmmimim). 3. Receiving deposites, or keeping a bank in the modem sense of^the word- If the deposite was not to bear interest, it was called depositnim, or vacva pecunia ;'' if it was to bear inter- est, it was called credilum.' The argentarii were said not only recipere, but also constituere, so that ai action constitutce pecimice would lie against them.' The shops of the bankers were in the cloisters round the forum : hence money borrowed from a banker is called a:s circumfmaneKm ; and the phrases foro cedere or aiiire, foro mergi, &c., mean '.' lo be- come bankrupt." The argentarii at Rome were divided into corporations (socielates), and formed a collegium like the mensarii, and nummularii. The argentarius was necessarily a freeman. ARGENT0M (upyvpo^), silver. According to Herodotus," the Lydians were the first people who put a stamp upon silver ; but, according to the tes- timony of most ancient writers, silver money was first coined at Mgina, by order of Pheidon, about B.C. 8G9." The silver coins of Greece may be divided into three kinds, which differ in appearance according to the age in which they were struck. The most ancient are very thick, and of rude work- manship ; those of .Sigina usually bear on . tbr upper side the figure of a turtle or a (orloiso, and on the under an indented mark, rs if the ccin at the time of striking the metal had been placed upon a puncheon, and had received a mark from thp weight of the blow. The second kind, which ap- pear to belong to the age of Pericles and Xenophon, 1. (Liv., xilii., 21: "Propter penjriam arfenti trun«in mensarii faoti." — Viil. etiam Budaius, De Asse, v., p. 173.- Salmasius, De Mode Usur., p. 509.)— 2. (O'-elli, Inscnpt,ii 4060.)— 3. (Dig. 18, tit. l,s. 32.)— 4. (ad Fam.,T.,6.)— 5. (7to. .sieged cities. It consisted of a large beam, raaae of the trunk of a tree, especially of a fir or an ash. To one end was fastened a mass of bronze or iron (K£(pa1fi, kfiiolfi, vrporo^!?'), which resembled iir its form the head of a ram; and it is evident that this shape of the extremity of the engine, as well as its name, was given to it on account of the resemblance of its mode of action to that of a ram butting with its forehead. The upper figure in the annexed wood- cut is taken from the bas-reliefs on the column of ; Trajan I at Rome. It shows the aries in its simplest state, and as it was borne and impelled by human hands, without other assistance. Even when the art of war was much advanced, the ram must have been frequently used in this manner, both whenever time was wanting for more complicated arrange, ments, and wherever the inequality of the ground" rendered such arrangements impracticable. This sculpture shows the ram directed against the angle of a wall, which must have been more -iTilnerable than any other part. (" Angularem turrim ictus lo- ravit arietis violentior.^'") ( Tr — ^ 3It: In an improved form, the ram was surrounded with iron bands, to which rings were attached, for the purpose of suspending it by ropes or chains from a beam fixed transversely over it. See the lower figure in the woodcut. By this contrivance the sol- diers were relieved from the necessity of supporting' the weight of the ram, and they could with ease give it a rapid and forcible motion backward and forward, so as to put the opposite wall into a stale of vibration, and thus to shatter it into fragments. The use of this machine was farther aided by placing the frame in which it was suspended upon wheels, and also by constructing over it a wooden roof, so as to form a " testudo" (,t;£X were continued long enough.* The beam of the aries was often of great leijgth, f.g., 50, 100, or even 190 feet. The' design of this was both to act across an intervening ditch, and to enable those who worked the machine to remain in • a position of comparative security. A ■ h'jndrsd ' men, or even a greater number, ■were sometimes employed to strike with the beam. ■The besieged had recourse to various contrivaii' ces in order to defend their walls and towers from the attacks of the aries. 1. They attempted, by ■ throwing burning materials upon it, to set it on fire; and, to prevent this from being effected, it was gov- , ered with sackcloth {iifijiei,^ cilidis') or -wiih hides 1. (.Tosephus.— Suidas.) — 2. (Amm. Marcell., xxiv., 2.)^-l (Appian, Boll. Mithrid.) — 4. (Bell. Jud., iii.)— 5, (Joaiph., 1. c —6. (Veget., iv., 23.) ARISTOLOCHIA. ARMA. uariis fruirfis'), wliich Avere sometimes moistened (hmaectis taunnis exnviis'). 2. They threw down ^reat stones, so as to break off the iron head of the ram.' 3. To accomplish the same purpose, they erected beams turning upon upright posts {tottejw- 7ies) ; from the extremities of these beams they sus- pended masses of lead, trunks of trees, stones, or parts of columns. They then caused these ponder- ous bodies to fall repeatedly upon the head of the raiii, while the opposite party attempted to defeat this effort by means similar to those mentioned im- der the article Antekna, viz., by the use of sickles fixed to the ends of long poles {asseri/Ms fakalis*), and employed to cut the ropes by which the stones and other weights were suspended. 4. They caught the head of the ram in a noose {laqueo,^ flpoxoit'), and were thus enabled to draw it on one side and avert its blows, or even to overturn it and prevent its action altogether.' 5. They seized the head with a large forceps armed with teeth, and called the \vol{(lupiis^), and they thus baffled the efforts of the besiegers in the same way as by using the noose. B. They filled sacks with chaff, or stuffed them with other soft materials, and suspended them by ropes wherever the ram was expected to strike, so as to divert its blows ^nd break their force, the besiegers meanwhile employing the sickles, as already men- tioned, to cut the ropes.' This provision of sickles, in addition to the ram, belonged to the more com- plicated engine, called iestv/lo arietaria. The larger machines of this class were so con- structed as to be taken to pieces \n order to be con- veyed from place to place, and were put together again when required for use.'" Virgil is certainly chargeable with an anachron- ism when he speaks of the aries as employed at the sieges of Ilium and of Laurentum." Thucydi- des mentions the use of it by the Peloponnesians at the siege of Plateea." But it first became an impor- tant military engine in the hands of the Macedo- nians and Carthaginians. {Vid. Falx, tlKLEPor.is, Testhdo.) ♦ARIES (Kpjof), the ordinary ram. (Ftrf. Ovis.) •ARI'ON (iipciuv or apiav), a shellfish noticed by .^lian. It is now applied to a genus of the class Mol- lusca, but was formerly placed under the Limaces}^ *ARIS'ARUM (iipiaapov), a species of plant. Dcdonaeus makes out its alliance with the Anim, =ind, accordingly, modem botanists give it the name cf Arum arisarum. Miller calls it Friar's Cowl in English." .- ♦ARISTOLOCH'IA lupiaTokaxia), a species of plant, the modern Birthwort. There is some difli- culty in recognising the three kinds described by the ancients. Adams thinks there is little reason for rejecting the arpoyyvXif) as being the Aristolochia Rotunda, and the fiaKpuas being the Longa of mod- em botanists ; and yet Sprengel inclines to refer the, one to the A. pallida, and the other to the A. Cretica, h. The KXTinaTiTiQ is unquestionably the Aristoloch- ia dematitis, or Climbing Birthwort." The Birth- wort tribe possess in general tonic and stimulating prGperties, Pliny, among other complaints in which the aristolochia was found useful, notices severe dysenteries, difficulty of breathing, hip-gout, the sting of scorpions, &c. ; and in Peru, at the present day, the A. fragrantissima (called in that country Bejuca de la EsireUa, or Star-Reed) is highly es- teemed as a remedy against dysenteries, malignant inflammatory fevers, colds, rheumatic pains, &c. The root is the part used." 1. (Vitruv.) — 2. (Amth. Marcell., xx., 7.) — 3. {aita^j}fiXai t^v V^aKilv Tov iiryxfiviiftaTos '. Joseph., 1. c.)— 4. (Liv., x,\xviii., 5.) — 5. (Veget., 1. c.)-— 6. (Appjan., 1. c.) — 7. (Amm. Marcell., xx., 11 )— 8. (Veget., 1. c.)— 9. (Josenh., Veget., Appian., U. cc.)— 10. (Amm. Marcell., XX.)— II, (An., ii., 491.; xii., 706.)— 12. (ii., ,76.) — ,J3. .(Adams. Append., s. v.)— 14. (Dioscor., ii., 196. — i^amB, Append., s. v.), — 1-^ ' *dariH. Anpend.,s. T.)-rl6. (T.ind- ,lBy'a Botany, p. 71.1 ARMA, ARMATU'RA (hfea, rdxea, lUm. On- Xa), arms, armour. There can be no doubt that, in the cai 'iest timet, the Greeks, as well as other nations, used stones and clubs for their weapons, and that they wore the skins of the wild beasts which they had slain, at once as proofs of their strength and prowess, and as a protection to their bodies. Hence Hercules was commonly represented clad in the spoils of the Nemean lion, as well as carrying a club.' The use of the goatskin for a similar purpose h;is been noticed under the article JEois. Theocritus, in the following lines, describes the savage wrestler Amy- ous as wearing the skin of a lion, which was fasten- ed over his breast by two of the paws, and depend'^' from thence over his back : AvTup VTTEp vUTOto Kol avx^vo^ r/apelro "AKpuv depfia ?ieovTn^ ii^rjfiiiivov kK irodeuvu^ This mode of wearing the lion's skin is displayeu in two small bronzes of very high antiquity, which have been published by Micali,' and which are cop- ied in the annexed woodcut. In the Homeric battles, we have some traces of the use of hides for defensive armour, as in the third book of the Iliad,* where Paris appears lightly arm- ed with a bow and panther's skin upon his shoul- ders. In the Argonautic expedition, Ancoeus, the Arcadian, always wore for the same purpose the shaggy hide of a bear, and Argus that of a black bull.'- Even as late as the Messenian war, the mountaineers of Arcadia, serving under Aristode- mus as light-anned soldiers, wore the skins both of sheep and goats, and also of bears, wolves, and oth- er wild beasts.' Nevertheless, the armour both of the Greek and Trojan armies-, as represented by Homer, was com- plete and elaborate. In various passages he de- scribes the entire suit of armour of some of his great- est warriors, viz., of Achilles, Patroclus, Agamem- non, Menelaus, and Paris;' and we observe that it consisted of the same portions which were used by the Greek soldiers ever after. Moreover, the order of putting them on is always the same. The heavy- armed warrior, having already a tunic around his body, and preparing for combat, puts on, first, his greaves (nvriftLde^, ocreeB) ; secondly, his cuirass {■Sapa^, lorica), to which belonged the pVpi; under- neath, and the zone (fuDi?, (uar^p, cingulum) above; thirdly, his sword (f/^of, ensis, gladius), hxiTtg' on the -left side of his body by means of a belt which 1. (Vid. Theoor., xxv., 279.)— 2. (Id., xxii., 52.)— 3i:j(.Italii avanti il Dominio dei Romatii, jil. xjv., fig. 3, and pi. xvi-.,!, fi^ 7.)— 4. (111. 17.)— 5. (Oiph., Argon., il99.^Apoll. Bhod., i., 324 — Schol. in loc.)— 6. (PauB., iv., 11, « l.)--7. (II.. lii., 328^339 It., 132rl38 ; li., 15-4.-> : xvi.. 130- 142 ; xir., 364-391.) ARMA. passed over the right shoulder; fourthly, the large round shield (aaxoc, uavic, clipeus, scutum), support- ed in the same manner ; fifthly, his helmet {Kopvg, Kwiri, cassis galea) ; sixthly and lastly, he took his spear (Ij'x"?, i6pv, hasta), or, in many cases, two spears ( joOpe Svo). Virgil represents the outfit of a warrior as consisting of the same six portions, when he describes the armour made by Vulcan for Mma.s, and brought to him by his mother.' The Ibj m and use of these portions are described in sep- Bratc articles under their Latin names. The an- nexed woodcut exhibits them all in the form of a G ree k warrior attired for battle, as shown in Hope's CbsIi me of the Ancients (i., 70). tr^ Those who were defended in the manner which has now been represented, are called by Homer ua- mnrai, from their great shield (adrnV) ; also liyx^- fuixoi, because they fought hand to hand with their adversaries ; but much more commonly wpo/iaxoi, because they occupied the front of the army : and it is to be observed that these terms, especially the last, were honourable titles, the expense of a com- plete suit of armour (navnivXiri'') being of itself suf- ficient to prove the wealth and rank of the wearer, while his place on the field was no less indicative cf strength and braver}'. In later times, the heavy-armed soldiers were called 6-KAlrai, because the term ott/Ib more espe- cially denoted the defensive armour, the shield and thorax. By wearing these they were distinguished from the light-armed, whom Herodotus,' for the reason just mentioned, calls uvott/Im, and who are also denominated ijiAoi and yv/ivoi, -yv/^vijTai or yvjiviiTeg. Instead of being defended by the shield Mid thorax, their bodies had a much slighter cover- ing, sometimes consisting of skins, as in the ahove- meutioned instance of the Arcadians, and some- times of leather or cloth ; and, instead of the sword and lanee, they commonly fought v/ith darts, stones, bows and arrows, or slings. Though greatly infe- rior in rank and prowess to the heavy-armed sol- diery, it is probable that they often surpassed them in numbers; and by their agility, by their rapid movement from place to place, and by embracing every opportunity of assailing the enemy, coming towards the front under the protection of the heavy- 1 (^n., viii., 615-635.)— 2. (Herod., i., 60.)— 3. fix.i62. 63.) 04 ARMA. armed, and again retreating for safety into the -caf, they rendered important service to their employe^. We are justified in using the term " employers," because the light-armed were commonly attached in a subordinate capacity to individuals of the heavy- armed soldiery. In this maimer the Helots were compelled to serve in the Spartan army. At the battle of Platsea, each Spartan had an appointmenl of no less than seven Helots to carry his arms, ta protect him in danger, to assist him in conqueiing his opponent, and also to perform every rnenial ser- vice.' On the same occasion, as we are informed by Herodotus," the other divisions of the Greek army had only one light-armed to one heavy-armc^ soldier. In after times, also, the Athenian hoplite had usually one attendant, and received as wages for both hirnself and his servant two drachmsB per day.^ Besides the heavy and light armed soldiers, the oizllraL and ipAol, who, in general, bore towards one another the intimate relation now explained, another description of men, the 7rt/lraoToi, also foi-med a part of the Greek army, though we do not hear of them in early times. Instead of the large round shield, they carried a smaller one called the m/lTj;, and in other respects their armour, thougli heavier and more effective than that of the ■^ikoi, was much lighter than that of the hoplites. The weapon on which they principally depended was the spear. The cities of Eubosa agreed to go to battle only as hoplites, discarding the use of light armour, de'- pending on the sword and lance, and handling the latter as a pike.* The Eubceans were probably in- duced to form this agreement in consequence of the richness of thck island in the ores of comer ' arid iron. On the other hand, those nations which liad neither mines, nor any considerable wealth of othei kinds, could scarcely send any but light-armed scl diers, who commonly served as mercenaries.' , . The Romans legions consisted, as the Greek in- fantry for the most part did, of heavy and light armed troops (^sravis el levis armaiwrce). But they were not formed upon the same system of attaching individuals to one another, in the relation of the master or employer and his servant. At ail events, this system did not prevail among the Romans to any extent ; and when Virgil, in the JBneii/, men- tions the armour-bearer or squire {armiger), we must understand him to allude to the Grecian or Oriental practice, or to attribute such attendance and state to kings and generals only. When a legion was drawn up in order of battle, the heavy-armed were posted in front in three di- visions, viz., the prindpes, the hastaii, and the Iriani, and behind them were placed the light-armed in .twc . divisions, called the rorarii, and the accensi or velHes, the weight and strength of the anns decreasing gradually in these five divisions, until the rear con- sisted only of archers, slingers, and other troop.5, who might leave their place whenever occasion re- quired, and make swift excursions for the purpose of attacking and annoying the enemy. Especially in commencing an engagement, the light-armed troops advanced to the front, strove to put the enemy to flight, and, if successful, pursued them. If, on ihei other hand, they were worsted, they retreated again in a body behind the heavy troops, on whom, as the main stay of the army, depended the decision : of the conflict. If the heavy-armed were victori- ous, the light-armed again rushed forward to aid in breaking the ranks of the enemy, and the pursuit -i was left to them and to the cavalry, while the prin- cipes, hastati, and triarii maintained their original position.' 1. (Herod., ix.. 10, 28-30.— Manso, Sparta, i., 1, p. 136, 137.) —2. (1. c.)— 3. (Thucyd., iii., 17.)— 4. (Stralio, x., 1, 12, 1S.>- 5. (Veget., He Re Milit., ii.. 15-17 ) ARMA. ARMILLA. The annexed figure is taken from the arch of Septimius Severus at Rome. On comparing it with that of the Greek hoplite in the last woodcut, we perceive that, while the national character is dis- played by a wide difference in the attitude and ex- pression, the several parts of the armour correspond, excepting only that the Roman soldier wears a dag- ger {fidxaipa, pugio) an his right side instead of a «woid on his left, and, instead of greaves upon his tegs, has fenioralia and caligie. AH the essential parts of the Roman heavy armour Qorica, ensis, cli- peus, galea, liasla) are mentioned together in an epi- gram of Martial,' and all except the spear in awell- fenown passage of St. Paul," whose enumeration exactly coincides with the figures on the arch of Severus, and who makes mention, not of greaves, but of shoes or sandals for the feet. The soft or flexible parts of the heavy armour were made of cloth or leather. The metal princi- pally used in their formation was that compound of copper and tin which we call bronze, or, more prop- erly, bell-metal. {Vid.Ms.') Hence the names for this metal (;i;aXKoc, as) are often used to mean ar- mour, and the light reflected from the arms of a war- rior is called avyii ;i;(r?./(«'>? by Homer, and lux aena by Virgil.' Instead of copper, iron afterward came to be very extensively used in the manufacture of arms, although articles made of it are much more rarely discovered, because iron is, by exposure to air and moisture, exceedingly liable to corrosion and decay. Gold and silver, and tin unmixed with copper, were also used, more especially to enrich and adorn the armour. When the Cyclopes, under the direction of Vulcan, make the suit for .fineas, as already mentioned, they employ these various ractals : " Flwit as rivis, awirpw mctalbim : Vutmificusqiie chalybs vasLa fm'nace liqiicscU." It cannot be supposed that the Roman soldiers could have acquired their high renown as conquer- ors without being regularly instructed in the use of arms. Vegetius accordingly, in his first book, de- votes several chapters to an account of the exercises devised for this purpose. The recruits were provi- ded ■with shields, spears, and other weapons of un- Dsnal size and weight," and in other respects ex- pressly adapted for the discipline of the drill. The I. fix.. IT.) -?. (F-ih., n , 14-17.)— 3. (.En., ii., 470.) masters at arms were called armidodmres iind campb doctores (6KXo6i.6aicTal, oTT/ioJifJaff/caAoi). The armory or arsenal, in which arms of all kinds were kept, was called aimamentarium (dff^o- 0iJK7i, 6iiXo(l>vXdKi.ov^). The marine arsenal at the Piraeus, built by the architect Philo, was the gloiy of the Athenians.' In rude states of society, when the spiiit of 7!0- lence rendered life and property insecure, both Gre- cians and the nations around, whom they called barbarians, constantly carried arms for their de- fence.' In the time of Thucydides* tlie Athenians had discontinued this practice, because the necessi- ty for being always armed exisled no longer; but they all bore spears and shields in the public pro- cessions. ARMA'RIUM, originally a place for keeping arms, afterward a cupboard, in which were kept, not only arms, but also clothes, books, money, or- naments, images, pictures, and other articles of value. The armaJium was generally placed in the atrium of the house.' The divisions of a library were called armaria.' We find armarium distegnm mentioned as a kind of sepulchre in an inscription in Gruter.' ARMAMENT A'RIUM. ( Fi(i. Aema, p. 95.) ^ARMENI'ACA UALA-i/i^Xa'Apfievtana), a fruit, which Dioscorides makes the same with the praco- cia of the Romans. There seems little reason to doubt that it is identical with our ApricoL' *ARMEN'IUM ('Apfisvtov), a blue pigment called after the country whence it came. The kind which by Dioscorides is esteemed the best, appears to have been an earth ; for he requires it to be smooth, fria- ble, and free from stone. Adams makes it to have been an impure carbonats of copper, like the Lapis Lazuli. Hill, however, maintains that it was a yel- low earth or ochre of copper. The Armeniurn must not be confounded with the Lapis Armenius (Aifloj 'Ap/xeviaKoc), or Armenian stone, first noticed by Paulus jEgineta, and which is called Tiidog ^.a^aipio; by Myrepsus. Jameson says the Armenian stoce of the ancients wa.'j a limestone impregnated with earthy azure copper, and in which copper and iron pyrites were sometimes disseminated.' ARMILLA (^pd^iov, ip&iov, or ipi^Xiov, x^ii, ujifiiSm), a bracelet or armlet. Among all the nations of antiquity, the Medcs and Persians appear to have displayed the greatest taste for ornaments of this class. They wore not only armillse on their wrists, and on the arm a little below the shoulder, but also earrings, collars or necklaces, and splendid turbans. These portions of their dress often consisted of strings of valuable pearls, or were enriched with jewels. They were intended to indicate the rank, power, and wealth of the wearer, and this use of them has continued through successive generations down to the present day." in Europe, golden armillse were worn by the Gauls both on their arms and on their wrists." The Sabines also wore ponderous golden armiUac on the leil arm, about the time of the foundation of Rome ;" 1. (Vi'ii. Lit., x%xi.,23.— Juv., xiii., 83.)— 2. (Strab.,ix.,l, la — Plin., H. N., vii., 38.— Val. Mai., viii., 12.— Cic.,De Orat.,i. 14.)— 3. (Thucyd., i.; 6.)— 4. (vi.jSS.)- 5. (Dig. 33, tit. 10, s. 3. — Cic, pro Clnent., c. 64.— Petron., Sat., 29.— Plin., II. N , ixijc., 17, 32; xxxt., 2, 2.)— 6. (Vitruv., vii., PriEf.- Vopiec. . Tac, 8.)— 7. (p. 383, No. 4.)— 8. (Dioscor., 1, 165.— HardouiniS' Plin., H. N., XV., 21. — Casiri, Biblioth. Hispan. Arab., vol. i,, p. 330. — Gesner, Lex. Rusticum.) — 9., (Dioscor., v., 105. — VibrttT.., 7, 9.— Plin., H. N., xxxv., 28. — Adams, Append., s. v. — Moore'iii Anc. Mineral., p. 68, 69.)— 10. (Herod., viii., 113; ix., 80.— Xen., Anab., i., 2, 27 ; j., 8, 29.— Cyrop., i., 3, 2, 3 ; vi., 4, 2, rt alibi. — Chares Mytil., ap. Athen,, iii., 14. — Diod, Sic, v., 45.— Com. Nap., Dat., iii. — Amm. Marcell., xxiii,, sub fm. — Ctanpaw Gen.,.xxi»., 22, 30, 47.— Ezek.. xxiii., 42.-2 Sam., i., 10 — Wfl. kinson's Customs of Anc. Egypt, vol. iii., p. 374, 375.) — 11. (CI Quadrig., ap. Aul. Gell., ix., 13. — IJcpt T-otf fipaxiooi rnj tou /cafliro?ff iX'fXia : Strabo, iv., 4, 5 )~12. ''Liv., i., 11^— Ploi',i, J — Val Max.. ix.. 6. 1 ) 96 ana at the sa>Be early period, the Samians wore richly-omamented arm'iets at the solenm festivals in honour of Jono." It does not appear that annilljE were subsequently worn among the Greeks by the male sex. But those ladies vfho ii.^med at eldgance and fashion had both amXels (liefiipaxi-ovLa?) and bracelets {■Kepi.Ku.pTZLa, ■repi.-xTtoia, mpoxtipia), of various materials, shapes, iittl styles «f ornameat. In a comedy of Plautus, foimed. up'-'n a Graelf, model,' armillse are mention- ed as parts of fema! e attire, and one kind is distin- guished bj the name of spinier. This term {afiyx- Tijp) is manifestly derived from aipiyyu (to com- press), and its appEcation is explained from the cir- cumstance that the bracelet so denominated kept its place by compressing the arm of the wearer. The armilla was, in fact, either a thin plate of metal, or a wire of considerable thickness; and, although sometimes a complete ring, it was much more fre- quently made without having its ends joined ; it was then curved, so as to require, \*hen put on, to be slightly expanded by having its ends drawn apart from one another;* and, according to its length, it went once, twice, or thrice round the arm, or even a greater number of times. When it made several turns, it assumed the form so clearly defined by Ho- mer in the expression yva/iKTug JAi/taf, " twisted spirals;"' a form illustrated by numerous armillae of gold and bronze in our collections of antiques, and exhibited very frequently on the Greek painted vases. (See the annexed woodcut, from Sir William Hamilton's preat work, vol. ii., pi. 35.) ARMILUL. Among the Romans we most commonly re.3»i ol armillae as conferred upon soldiers for deeds of ex- traordinary merit.' rSee the next woodcut.) Aniii- stance of this occurs in Livy,? where, alter a victo- ry, one of the consuls bestows golden crowns and bracelets upon two officers, four centurions, and a manipulus of hastati, and gives silver horns ahil bracelets to others, who were either foreigners, Oi younger and of inferior rank. Pliny says' that crowns and bracelets of gold were given to citizens, and not to foreigners. These military honours are enumerated in the inscriptions upon various ancient monuments raised to the memory of Roman officers and soldiers, stating that the emperor had presented them torquibus, armillis, phaleris,, &c., and often re- cording the exact number of these several decora- tions.* The following form of words used in cou- ferring them is preserved by "Valerius Maximus:" " Impsrator te argenteis armillis dov/it." The Roman females wore bracelets partly for use and partly for ornament. The use of them was to hold amulets. {Vid. Amuletcm.) Pliny gives a variety of directions respecting the remedies to be effected by inserting particular things in brace- lets (ai-milla,^ brachialia'), and wearing them con- stantly upon the arm. On the same principle, the Emperor Nero, in compliance with the wishes of his mother, sometimes wore on his right arm tb»> exuviae of a serpent, enclosed in a golden armil- la.* As ornaments, armillae were worn at Rome chiefly by women of considerable rank. The metallic bcinii was, for this purpose, frequently enriched with pre- cious stones and other beautiful objects. The pre* ents of amber, siiccina grandia, mentioned by Ju- venal' as sent to a lady on her birthday, wen- probably bracelets set with amber." In the follow ing woodcut, the first ligure represents a gold brace let discovered at Rome, on the Palatine Mount.' The rosette in the middle is composed of distinJ These spiral wires were sometimes engraved so as to exhibit the form of a serpent, and bracelets of this description were called siuikes by the Athenian iadles.' As in regard to the frontal (vid. Ampyx), so at;o in respect of afmillse, the Greeks conceived Ifce attire of a goddess to resemble that of a lady of superior state and beauty. Hence they attributed ihcse decorations to Aphrodite,' and traces of a motallic armlet are seen upon the celebrated marble statue of that divinity preserved at Florence. In the British JMuseum is an inscription,' found among the rtl'ns of the Parthenon at Athens, which makes dis- tin-jt mention of the u/KpiSeai Upon both the arms 10 ; iv., 5, 1) 12.)— 3. (Plul , I.; i 'irg., 23. -J. li:' ,l.i' ■ ARMY. ARMY. cations.- It was also the d uiy of ithe hipparchs to train the cavalry in time of peace.' Every free citizen of the Greek states was, ac- cording to Xenophon and Plutarch, enrolled for military service from the age of 18 or 20, to 58 or 60 years, and at Sparta, at least, the rule was com- mon ,to the kings and the private people. The yotmg men, previously to joining the rank-s, were instructed in the militaiy duties by the TUKTiKoi or pub'ic teachers, who were maintained by the state for the purpose ; and no town in Greece was with- ou; its gymnasium or school. The timesappointed for performing the exercises, as well in the g)'mna- simn as in the campj were early in the morning, and in the evening before going to rest. The first em- plo}Tnent of the young soldiers was to guard the city; and in this duty they were associated with Buch veterans as, on account of their a^, had been discharged from service in the field. At 20 years jf age the Athenian recruit could be sent on foreign expeditions ; but, among the Spartans, this was sel^ dom done till the soldier was 30 years old;, No man beyond the legal age could be compelled to serve out of his country, except in times of public danger ; but mention is occasionally made of such persons being placed in the rear of the armyduring an action, and charged with the care of the bag- gage." While the Athenians were engaged in an expedition against .3!gina, the Peloponnesians sent a detachment of troops towards Megara, in expec- tation of surprising the place; but. the young and the aged men who remained to guard Athens marched, imder Myronides, against the enemyj and prevented the success of the enterprise.^ An attention to military duties, when the troops were encamped, was strictly enforced in all the Greek armies; but a considerable difference pre- vailed in those of the two principal states with re- spect to the recreations of the soldiers. The men ■ji Athens were allowed to witness, theatrical per- formances, and to have in the camp companies of singers and dancers. In the LacedsBmonian army, sin the contrary, all these were forbidden; the con- stant practice of temperance, and the observance of a rigid . discipline, being prescribed to the Spartan youth, in order that they might excel in war (which among them was considered as the proper occupa- tion of freemen) ; and manly exercises alone were permitted in the intervals of duty. Yet, while en- camped, the young men were encouraged to use perfumes, and to wear costly armour, though the adorning of their persons when < at. hAme would have subjected them to the reproach of effeminacy. On going into action, they crowned themselves iwith garlands, and marched with a regulated pace, a concert of flutes playing the hymn of Castor.* The military service was not always .voluntarily embraced by the Greek people,, since it was found necessary to decree punishments against such, as evaded the conscriptions. These consisted in a dep- rivation of the privileges of citizenship, or in being branded, in the handi Deserters from the army [ were punished with death; and at home, when a man absented himself from the ranfcS) he was made to ;sit three days in a public place in women's, ap- I parel. It was held to.be, highly disgracefijlina sol- I dier if, after an action, he was lyithout his buckler ; I pxbably because this implied that he, v,rho ought ! to have maintained his..post till the last moment,- , bad made a precipitate retreat ; a coward would j throw away his buckler in .order that he might run 1 faster. ■ i In the infancy of the Greek republics,- while the I theatre of war was almost at the gates of each city, . the soldier served at his own expense in that class of troops which his fortune permitted him to join. I. (Vid. Xeiiophon's treatise entitled 'Imrapxi/iiSf.)— 2- (Thu- ejL, T , 72.)— 3. iTb>:cyd., i., 105.)— 4. (Plutarch, Lycurg.) Both at Athens and Sparta the iwn-eff, or horsemen, consisted of persons possessing considerable estates and vigour of body ; each man furnished and main- tained his own horse, and he was, besides, bound to provide at least one foot-soldier as as attendant. In the time of Xenophon, however, the spirit of the ori- ginal institution had greatly declined ; not bnlywas the citizen allowed to commute his personal servi- ces for those of a horseman hired in his stead, but the purchase and maintenance of the horses, which were imposed as a tax on the wealthy, were ill exe- cuted; the men, alsp, who were least able in body, and least desirous of distinguishing themselves were admitted into the ranks of the cavalry; The distress occasioned by the long continuance of the Peloponnesian war having put it out of the power of the poorer citizens of Athens to serve the country at their own expense, Pericles introduced the practice of giving constant pay to a class of the soldiers out of the public revenue ; and this was subsequently adopted by, the Other states of Greece. The amount of the pay varied, according to circum- stances, from two oboli'to a drachma.' The com- manders of the M^oi received double; and the strategi four times, the pay of a private foot-soldier.' A truce having been made between the Athenians and Argives, it was appointed that, if one party as- sisted another, those who sent the assistance -should furnish their troops with provisions for thirty days ; and it was farther agreed, that if the succoured party wished to Tetain the troops beyond that time, they should pay, daily, one drachma (of Mgina) for each horseman, andthree oboii for a foot-soldier,- whether hea-vy-armed, light-armed, or archer.' At Athens, by the laws of Solon, if a man lost a limb in war, one obolus was allowed him daily for the rest of his life at the public expense); the parents and children of such as fell in action were also provided "or by the state. ' (Fii(^. Adhnatoi.) With the acquisition of wealth, the love of easa prevailed over that of glory ; and the principal states of Greece, in Ordy to supply the places of such citi- zens as claimed the privilege of exemption from military service, were obliged to take in pay bodies of troops which were raised among their poorer neighbours. The Arcadians, like the moderr. Swiss, were most generally retained as auxiliaries in the armies of the other Greek states, iln earlier times, to engage as a mercenary in the semce of a foreign power was considered dishonourable ; and the name of the Carians, who are said to have been the first to do soj became on that account a term of reproach. The strength of a Grecian army consisted chiefljr in its foot-soldiers ; and: of these there were at first but two classes : the iirMTm, who wore heavy ar- mour, carried large shields, and in action used swords and long spears; and the^^jto', who were light-armed, having frequently only, helmets and small bucklers, with neither cuirasses nor greaves, and who were employedehiefly as skirmishers in discharging arrows, darts, or stones. An interme- diate class of troops, called vekfaaTai, or targeteers, was formed at Athens by IphicrateSiaftertberPelb-'- ponnesian war:* they were armed nea'rly :in the same manner as the owTiCTai, but their' cuirasses were of linen instead of bronze or iron ; their spears were short, and they carried small round bucklers (vifiTai.): These troops, uniting in some measure ■the stability of the phalanx with the agility of the light-armed men, were found to be highly efficient; and from the time of their adoption, they were ex- tensively emploj'ed in the Greek armies. A band of club-men is mentioned by Xenophon among the Theban troops at the battle of Leuctra. Scarlet or crimson appears to have been the general colour of the Greek uniform, at least in the 1. (Thucyd., iii., 17.)— 2. (Xen.,Anal3.,vii.,6,U-)— 3 (Thu cyd., v., 47.)— 4. (Xen., HeUen., iv., 4, « 16-18.) 19 AKMV. days of Xenophon ; for he observes' that tne army of Agesilaus appeared all bronze and scarlet (ojroi'- t^ ficv xt^^f^ov, uiravTa 6e had thfi name of Alarii. (Vid. \\..kr\i.) A bodj of the besl soldiers, both infantry and cavalry, oor-sisting either of volunteers or of veterans self-^tod from the al- lies, guarded the consul in the camp, or served about his person in the field ; ar<<>' ). Beaides pay, the soldiers received a month- ly allowance of corn, and the centuriona double, and the horse triple, that of a legionary." The infantry of the allies was supplied with corn equal in quantity to that of the Roman legionaries, but their cavalry had less than was distributed to the Roman cavalry. These regulations subsisted only during the time of the Republic, or before the troops of the Italian cities were incorporated with those of Heme ; and to the same age must be re- fer.ed C.e orders of march and encampment de- Bcrib'";!''. ny Polvbius. An account of the marching order of a Roman army is given under the article .VOUEN. No one order of battle appears to have been ex- clusively adhered to by the Romans during the time of the Republic, though, in general, their armies were drawn up in three extended lines of heavy- armed troops (triplex acies); the cavalry being on the wings, and the light troops either in front or rear, according to circumstances. At the battle of Cannae, however, the infantry is said to have been drawn up in one line, and in close order. On this occasion, the Gauls and Spaniards, who were in the centre of the Carthaginian army, at first drove back the Romans ; and the latter, drawing troops from their wings to strengthen their centre, formed there a sort of phalanx, whose charge succeeded so well that the enemy's line was broken ; but, press- ing forward too far, the wings of the latter closed upon the disordered troops, and nearly surrounded them. In the engagement with Labienus, the army of Caesar, being attacked both in front and rear, was foriiied into two lines, which were faced in op- posite directions ; and, in the action with the Par- thians, Crassus drew up the Roman army in one jquare body, having twelve cohorts on each of the four sides, with a division of cavalry between every two cohorts in each face. The word of command was at first given aloud at the head of the army ; but yEmilius Paulus changed this custom, and caused the tribune of the nearest legion to give it in a low voice to his primi- pilus, who transmitted it to the next centurion, and so on. It appears also that, anciently, the men on guard were at their posts during the whole day, and that, in consequence, they sometimes fell asleep leaning on their shields, ^mdius Paulus, in order to diminish the fatigue of the men and the chance of their sleeping, appointed that they should be re- lieved every six hours, and that they should go on guard without their shields. {Vid. Castra.) The legion, during the continuance of the ancient discipline, was found to be more than equal to the phalanx of the Greeks for general service, and Po- lybius^ has sufficiently accounted for the fact. This writer observes that, while the phalanx retained its Ibrm and power of action, no force was able to make any impression upon it, or support the violence of its attack ; but he adds that the phalanx required that the field of battle should be a nearly level plain ; even then the enemy might avoid it ; and, by ma- noeuvring on its flanks and rear, might cut off its supplies. On an action taking place, the command- er of an army similar to that of the Romans had it in hia power to lead on to the attack a portion only of its .ine, keeping the rest in reserve ; in this case, whether the phalanx was broken by the legion, or the former broke through any part of the enemy's divisions, its peculiar advantages were lost ; for there would always be lefl spaces into which the enemy might penetrate and disperse the troops, whose long spears were of no avail against men armed with javelins and strong swords. In this I /Sict,Dom., 7.) -S. (riilyli, vi., ci. 2.)— 3. (xvii.. bi. 3.) mannjr, ^milius obtained a viccory over Perseue at Pydna,' and Philip was defeated by Flaminius at the battle of Cynocephalae." The severity of the Roman discipline may be said to have been occasionally relaxed, at least in the provinces, even during the Republic ; for Sclpiii .^Emilianus, when he went to command the army in Spain, found that the legionary soldiers used carts to carry a portion of the burdens wiiich Ibrmerly they had borne on their own shoulders.^ But, among the disorders which prevailed during thi. reigns of the successors of the Antonines, one of the greatest evils was the almost total neglect of warlike exercises an.pog the troops which guarded the city of Rome, 'lie legions on the lrontier.s alone, in those times, sustained their ancient repu- tation, and Severus, by their aid, ascended without difficulty the throne then occupied by the unworthy Julianus. The almost total abandonment of the an- cient military institutions may be said to have taken place soon after the time of Constantine; for, ac- cording to Vegetius,* who lived in the reign of Val- entinian II., the soldiers of that age were allowed to dispense with the helmet and cuirass, as being too heavy to be worn ; and he ascribes their fre- quent defeats by the Goths to the want of the an- cient defensive armour. Vegetius has given a description of the legion, which, though said to accord with that of the an- cients, differs entirely from the legions of Livy and Polybius. He considers it as consisting of ten co- horts, and states that it was drawn up in three lines, of which the first contained five cohorts ; the troops of this line were called principes, and were heavy- armed men, each carrying five arrows, loaded at one end with lead, in the hollow of the shield, be- sides a large and small javelin. The second line, consisting of the troops called hastati, is said to have been formed by the remaining five cohorts. Behind these were placed the ferentarii (a sort of light-armed troops, who performed the duty of a for- lorn-hope) ; the target-men, who were armed with darts, arrows, and swords ; and besides these there were shngers, archers, and crossbow-men. In rear of all came the triarii, who vi'ere armed like the principes and hastati.' Now it was the general practice, during the Republic, to place the principes in the second hne, in rear of the hastati ; therefore, if the disposition given by Vegetius ever had a real existence, it can only be supposed to have been in an age preceding that to which the description given by Livy' refers, or it was an arrangement adopted on the occasion of some temporary reform which may have taken place under the emperors. VS'hat follows may, perhaps, be readily admitted to apper tain to the Empire under the greatest of its princes. The first of the cohorts, which bore the name o( cohors milliaria, was superior to the others, both with respect to the number and quality of the sol. diers ; it had, also, the charge of the eagle and the standard of the emperor. Its strength was 1105 foot-soldiers, and 132 cuirassiers on horseback, and its post was on the right of the first line. The re- maining four cohorts of the first line contained each 555 infantry and 66 cavalry, and the five cohorts of the second line contained each the same number of infantry and cavalry. Thus the whole legion was composed of 6100 foot-soldiers and 726 horse- men, not including either the triarii or the light troops. After the establishment of the imperial authority, the sovereign appointed some person of consular dignity to command each legion in the provinces ; and this officer, as the emperor's lieutenant, had 1. (Lit., iliv., 41.)— 2. (Polyb., xvii.. ei 3 1—3. (Lit., Epifc i'l.) -4. (i., 10.)— 5. (Voget., ii., 6, 15.) -f. Iviii., 8.) 'iiri ARMi ARMY. the title oJ praf ictus, or legalus legionis} The first appointment of this kind appears to hare taken place in the reign of Augustus, and Tacitus men- tions the existence of the office in the reign of Ti- berius. The authority of the legatus was superior to tliat of the tribunes, who before were responsible only to the consul. In speaking of the officers of a legion, Vejretias' mentions two tribunes (probably meaning two classes of tribunes), of which the first, called tribunus major, received his commission from the fi "peror ; the other, called tribunus minor, rose to t'.at rank by merit or length of service. Subor- cHiiate to the tribunes were, in each cohorl, the sev- eral centurions, who bore the general name of or- dinarii.^ To every hundred men there were prob- ably, at one time, only the centurio, v/hose post was in front of t!ie division, and llie optio, who remained in the rear , but it appears that Augustus and Ves- pasian increased the number of officers of this class ; for Vegetius observes that those whom these two emperors added to the ordinarii were called Augus- tales and Flavialcs* The decurions or decani were, as formerly, the leaders of files. According to Dion Cassius, seven cohorts of troops were instituted by Augustus for the defence of the city, and these bore the name oCvigiles. It appears, however, that in the time jiri<^6pta), is attributed to different deities. The first form is derived from uf>l>7iTa, and thus would indicate a fes- tival at which mysterious things were carried about. The other name would point to Erse or Herse, who was believed to be a daughter of Cecrops, and whose worship was intimately connected with that of Athena. But, even admitting the latter, we still have sufficient ground for believing that the festival was solemnized, in a higher sense, in nonour of Athena." It was held at Athens, in the month ijf 1. (Isid., Orig:., iv., 8.— Non. Mavc, v., 14 : " In arqui siniil- itudinem.")— 2. (I. c.)— 3. (vi., 625.)— 4. (iii., 139.)- 5. (Gains, Diy. 18, tit. 1, s. 35.)— 6. (Terent., Heautont., iii., 3, 42.) -T (Thibaut, Syslc m des Pandeklen Reclits, ^ 144.— Dig. 18, tit. I, •. 35 ; tit. 3, r. 6 : 14, tit. 3, s. 5, ^ 15 ; 19, tit. I, s. 11, « C— Cod. 4, tit. 21, 5. 17. — GeUius, xvii., 2. — Compare Braf,ton,ii., c. 27: " I)e acquirendo rerum dominio in causa eniptionis," and what he says on the arrha, with the passage in Gains alr&ady refened to.)— 8. (Etjmol, Mag., s v. ' A.ilni(p6pat.) AKSEMKON ARTERiA Skitophorion. Four girls, of between seven and eleven years,' were selected every year from the mosl distinguished families, two of whom super- intended the weaving of the sacred peplus ol Athe- na, which was b^^gun on the last day of Pyanepsion ;• the two others had to carry the mysterious and sacred vessels uf the goddess. These latter re- mained a whole year on the Acropolis, either in the Parthenon or some adjoining building;^ and, when Vi.i festival commenced, the priestess of the goddess placed vessels upon their heads, the contents of which were neither known to them nor to the priestess. With these they descended to a natural grotto within the district of Aphrodite, in the gar- dens. Here they deposited the sacred vessels, and carried bac); something else, which was covered, and likewise unknown to tliem. After this the girls were dismissed, and others were chosen to supply their place in the Acropolis. The girls wore white robes adorned with gold, which were left for tlie goddess ; and a peculiar kind of cakes was baked (or them. To cover the expenses of the festival, a peculiar liturgy was established, called ufijiri^opia. All other details concerning this festi- val are unknown. ARROGATIO. (Vid. AnopTio.) ♦ARSEN'IKON ( apaevmov ) " does not mean what is commonly called arsenic, but the sesqui-sul- phurct of arsenic, or orpimcnt." Ceisus clearly in- dicates what it was when he says "Auripigmentum, guod upaeviKov a Gracis nominatur.':* In a word, it is yellow orpiment, and this latter name itself is merely a corruption from auripigmentum, or " paint of gold." " It was called," observes Dr. Moore, "auripigmentum, perhaps, not merely from its gold- en colour and the use to which it was applied, but because the ancients thought it really contained that metal. Pliny mentions, among other modes of obtaining gold, that of making it from orpiment ; aod says that Caligula ordered a great quantity of (hat siit.i'sncs to be reduced, and obtained excel- len( gold, but in such small proportion as to lose by an " tM'iment which was not afterward repeat- ed.* Although no great reliance can be placed on this account, we are not, of necessity, to regard it as a fable ; for the mass experimented on may have contained, as it is said this mineral sometimes does, a small portion of gold."" The arsenic of the ancients, then, was considerably different from our oxyde of arsenic, which is a factitious substance procured from cobalt by sublimation. The Arabian author Servitor, however, describes the process of subliming arsenic ; and Avicenna makes mention of white arsenic, by which he no doubt meant sub- limed arsenic, or the Arsenicum album of modern chymists. According to the analysis of Klaproth, yellow orpiment consists of 62 parts of arsenic and 38 of sulphur. The Greek name apaevmov (mascu- line) is said by some to have been given to it be- cause of the potent qualities it was discovered to possess ; qualities, however, which the arsenic of the shops exhibits in a more intense degree.' " Ga- len' says it was commonly called upaeviKov in his time, but vtto tuv atriKi^eLV rd nuvTa fiovAo/iivov, ' by those who wished to make everything conform to the Attic dialect,' afipeviKov." According to Pliny, orpiment was dug in Syria, for the use of painters, near the surface of the ground ; Vitruvius' mentions Pontus as a locality, and Dioscorides'" names Mysia as the country whence the best was brought ; that of Pontus holding the second rank. 1. ia^T](lt6poi, f/w?70dpoi, e^l)Ti(t>ipoi : Aristoph., Lysist., 642.) **, (Sjid., s. V. XaAKCia.) — 3. (llarpocr., s. v. AznrvoMpos' ' . .i., i., 27, 4 4.)^. (De Med., v , 5.)— 5. (H. N., xxxiii., 4.) ; (Anc. Mineralogy, p. 60.)— 7. (Id. ib.)— 8. (De Medicam, ^.•a ycrrj. iii., 2, j, 503, ed. Kuhn. — Thecphrastus lias (J^Aevj- -»».!• 71,S9, 90.)-9. (vii., -.)— 10. (v., 121.— Moore, 1. c.) 108 The red suJphuret of arsenic was called Sandarar cha, and the ancients appear to have been well acquainted with the kindred nature of both the yel- low and red. ( K/(i. Sandaeacha.) AR'TABA {upru6ii), a Persian measure of capa city, which contained, according to Herodotus,' ; medimnus and 3 choenices (Attic) =102 Roman sex- tarii =12 gallons 5-092 pints ; but, according toSuj. das, Hesychius, Polysnus,' and Epiphanius, it con- tained 1 Attic medimnus =96 sextarii =11 gallons 71456 pints. There was an Egyptian measure :' the same name, of which there were two sorts, the old and the new artaba.^ The old artaba contained ii Roman modii =72 sextarii ^8 gallons 7-359 pints. It was about equal to the Attic metretes; and it was half of the Ptolemaic medimnus, which was to the Attic medimnus as 3 : 2. The latei and more common Egyptian artaba contained Bh modii ^53J sextarii =;6 gallons 4 8586 pints.* It was equal to the Olympic cubic foot, and about hall as large as the Persian artaba.' ARTEMIS'IA {' kpTefiiaia), a festival celebrited at Syracuse in honour of Artemis Potamia and So- teira." It lasted three days, which were principally spent in feasting and amusements.' Bread was of- fered to her under the name of Ao;i;(a.' Festivals of the same name, and in honour of the same god- dess, were held in many places in Greece ; but principally at Delphi, where, according to Hege- Sander,' they offered to the god a mullet on this oc- casion, because it appeared to hunt and kill the sea- hare, and thus bore some resemblance to Artemis, the goddess of hunting. The same name was given to the festivals of Artemis in Gyrene ;; id Ephesus, though in the latter place the goddess v;)s not the Grecian Artemis, but a deity of Eastern origin. *II. The name of an herb, commonly called M'U.g- worth, or Motherwort. Dioscorides describes throB species, the Ti-oAO/cAwvof, fiov6K2,uvii;, and ?.i7rTc'ifvA- Xof. The first, according to Sprengel, is the Arlimisia arboresccns ; the second, the Artemisia spicata; and the third, the Artemisia campestris. Dierbach seems to entertain much the same ideas regarding the species of wormwood comprehended under the uprejuaia of Hippocrates. The Wormwood holds a prominent part in all the Herbals of antiquity, from Dioscorides to Macer Floridus.'" ARTE'RIA (aprripia), a word commonly (but contrary to all analogy) derived liTro toO aipa rrjpeiv, ab aere seroando; because the ancients, ignorant of the circulation of the blood, and finding the arteries always empty after death, supposed they were tubes containing air." The word was applied to the trachea by Hippocrates" and his contempora- ries, by whom the vessels now called arteries were distinguished from the iieins by the addition of the word a(l)vCu. By later writers it is used to signify sometimes the trachea," and in this sense the epi- thet rprixela, aspera, is occasionally added ;'* some- times an artery ;" in which sense the epithet ^tm, IcBvis, is sometimes added, to distinguish it from the trachea ; and sometimes, in the plural number, the bronchia.^' 1. (1., 192.)— 2. (Strat., iv., 3, 32.)— 3. (lOidyinus, c. 19.)— 4. (Rhemn. Fanii., Carmen de Pond. etMens., v., 89, 90- Hieron., ad E-^ech., 6.)— 5. (B6ckh, Metrolog. -[Intersuch., p. 242.- Wurra, de Pond., &c., p. 133.)— 6. (Find., Pyth.. ii., 12.)-7 (Liv., XXV., 23.— Pint., Marcell., 18.)— 8. (Hesycli., i: v.)— 9 (AtheniEus, -rii., p. 325.)— 10. (Dioscor., iii., 116, 117.— Aflams Append., s.v.)— 11. (Cic, De Nat. Deor., ii., 65; " Sanguis pe venas in omne corpus diffunditur, et spiritiis per arterias."— Com pare Seneca, QuKst. Nat., iii., 15, ^ 2.— Pliii.,H. N., xi., 88,89 12. (Epidera., vii., 654, 663, ed. Kiihn.)— 13. (Aiistot., H. A I., 13, i 5.— Macrob., Satm-n., vii., 15.— Aret., p. 24, ed. Kulut 14. (Aret., p. 31.— Cic, De Nat. Deor., ii., 54.— Cels., l)v Mei iv., 1.)— 1.5. (Cels., Db Med., iy., 1, Art. quas KUDMrllas vi cant.— Ibid., li., 10.— Plin., H. N., x\., 88.— Aret.,'p. 31, ST cScc.)— 16. (Auct. ad Ilorenn., iii., 12.— Aul. Cell. N. A 26.-Aret., p. 25, &c.) ARVALES FRATRES. aRVALES FRA-TRES Notwithstanding tlie opinion of many of the an- cients, that the arteries contained only air, it is certain that the more intelligent among them knew perfectly well, 1. That they contain blood,' and even that this is of a different nature from that which is in the veins." Galen, from whom the last idea is obtained, calls the pulmonary artery ^'ac^Ij apTTipiuSrii, because it conveys venous blood, al- though it has the for.n and structure of an artery. 8. That the section of an artery is much more dan- gerous and more difficult to heal than that of a vein." 3. That there is a pulsation in the arteries which does not exist in the veins, and of which the variations are of great value, both as assisting to rnrui a correct diagnosis, and also as an indication of treatment.* ARTOP'TA. ( Vid. Pistor.) ARU'RA {iipovpa), a Greek measure of surface, which, according to Suidas, was the fourth pai't of the vMBpov. The irXeBpov, as a measure of length, contained 100 Greek feet j its square, therefore, =10,000 feet, and therefore the arura :=2500 Greek square feet. Herodotus' mentions a measure of the same name, but apparently of a different size. He says that it is a hundred Egyptian cubits in every direc- tion. Now the Egyptian cubit contained nearly I7J inches ;' therefore the square of 100xl7J inches, i. e., neuyia Kcptt'iveyKav rrji re Trd^euf xiicXa nal r^( There is, however, a still greater resemblance to 1. (Marini. Atti e MonumenSi degli Arvali, tab. xli. — Orolli, Corp. l/.acnp., nr. 2270.)— 2. (De Cai-mine Fratrum Arvalmiu p. 23.)— 3. (Lex., s. v.) — 4. (v., 3.)— 5. (Arnold, Rom. Hist., i, p. 3;.)— 6. (Virg., (ieorg., i., 330.)— 7. (Virg., Eclog., v., 63.)- 8. (i ■., SI, (> 9.) 103 AS. the ntes we have been describing, in the ceremonies of the rogation or gang week of the Latin Church. These consisted of processions trough the fields, accompanied with prayers {rogationes) for a bless- ing on the fruits of the earth, and were continued during three days in Whitsun-weelc. The custom was abolished at the Reformation in consequence of t,s abuse, and the perambulation of the parish Iwundaries substituted in its place.' ♦AIIUNDO. (Vid. KAAAMOS.) .4.S, or Libra, a pound, the unit of weight among tne Komans. (Fjrf. Libra.) AS, the unit of value in the Roman and old Ital- ian coinages, was made of copper, or of the mixed metal called Ms. The origin of this coin has been already noticed under ^s. Jt was originally of the weight of a pound of twelve ounces, whence it was called as libralis and as grave. The oldest form of it is that which bears the figure of an animal (a bull, ram, hoar, or sow). The next and most common form is that described by Pliny,^ as having the two- faced head of Janus on one side, and the prow of a ship on the other (whence the expression used by Roman boys in tossing up, caipila aul namm*). The annexed specimen , from the British Museum, weighs 4000 grains : the length of the diameter in this and the »wo following cuts is half that of the original coins. Pliny* informs us that, in the time of the first Punic war (B.C. 264-241), in order to meet the ex- penses of the state, this weight of a pound was di- minished, and ases were struclt of the same weight as the sextans (that is, two ounces, or one sixth of the ancient weight); and that thus the Republic paid off its debts, gaining five parts in six : that af- terward, in the second Punic war, in the dictator- ship of Q. Fabius Maximus (about B.C. 217), ases of one ounce were made, and the denarius was de- creed to be equal to sixteen ases, the Republic thus gaining one half; but that, in military pay, the dena- rius was always given for ten ases : and that, soon after, by the Papirian law (about B.C. 191), ases of half an ounce were made. Festus, also,' mentions the reduction of the as to two ounces at the time of the first Punic war. There seem to have been other reductions besides those mentioned by Pliny, for there exist ases, and parts of ases, which show that this coin was made of 11, 10, 9, 8, 3, IJ, H ounces ; «nd there are copper coins of the Terentian family 1. (Hooker, Ecol. Pol., v., 61, 62.— Wheatley, Cora. Pray., v., ».)^2. (H.N.,iccxiii.,3.)— 3. (Macrob., Sat., i., 7.)— 4. (H.N., fxnii, 13.) — 5. (s. t. Sey*ant Amrs 1 110 which show that it was depressed to jV 3'"' ^ 'ci ^ of its original weight. Several modern writera have contended, chiefly from the fact of ases being found of so many different weights, that Pliny's ac count of the reductions of the coin is incorrect, and that these reductions toolc place gradually, in the lapse of successive centuries. But Biickh has shown' that there is no trace in early times of a distinction between the as grave and lighter mon- ey ; that the Twelve Tables know of no such di» tinction ; that, even after the introduction of lightei money, fines and rewards were reckoned in tu grave ; and that the style of the true Roman coins which still remain by no means proves that the heavier pieces are much older than those of two ounces, but rather the contrary. His conclusion is, that all the reductions of the weight of the ass, from a pound down to two ounces, took place during the first Punic war. Indeed, if the reduction had been very gradual, it is impossible thatthe Republic could have made by it that gain which Pliny states to havo been the motive for the step. The value of the as, of course, varied with its weight. Some writers, indeed, suppose that a rise took place in the value of copper, which compensa- ted for the reduction in the weight of the as ; so that, in fact, the as libralis of Servius TuUius was not of much greater value than the lighter money of later times. But this supposition is directly con- tradicted by Pliny's account of the reduction in the weight of the as ; and it would appear that the value of copper had rather fallen than risen at the time when the reduction took place." Before the reduc- tion to two ounces, ten ases were equal to the de- narius =about Si pence English. ( Vid. Denabihs.) Therefore the as =3-4 farthings. By the reduction the denarius was made equal to 16 ases ; therefore the as =2i farthings. The as was divided into parts, which were named according to the number of ounces they contained. They were the deunx, dextans, dodrans, bes, septunx, semis, quincunx, triens, quadrans or terunciv,s,> sex- tails, sescimx or sescuncia, and uncia, consisting re- spectively of 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, li, and 1 ounces. Of these divisions the following were rep- resented by coins; namely, the semis, quineuima triens, quadrans, sextans, and uncia. There is a solitary instance of the existence of the dodraMs-,:m a coin of the Cassian family, bearing an S and three balls. We have no precise information as to tlie time when these divisions were first introduced,.but it was probably nearly as early as the first coinage of copper money. The semis, semissis, or semirus, half the as, or si.x ounces, is always marked with an S to represent its value, and very commonly with heads of Jupiter; Juno, and Pallas, accompanied by strigils. The quincunx, or piece of five ounces, is very rarCi There is no specimen of it in the British Museum. It is distinguished by five small balls to represent its value. The triens, the third part of the as, or piece of four ounces, is marked with four balls. In the an^ nexed specimen from the British Museum, the ballJ 1. (Metioloi?. Untetsuch., 1) 28.)— 2. (BSckli, Melroloff. fji tcnsucli., p. 346, S4T.> ASBESTOS. ASCALABOTES. appear on both sides, with a thunderbolt on one side, and a dolphin, with a strigil above it, on the other. Its weight is 1571 grains. The juadrans or teruncius, the fourth part of the as, or piece of three ounces, has three balls to de- note its value. An open hand, a strigil, a dolphin, grains of corn, a star, heads of Hercules, Ceres, &c., are common devices on this coin. .Pliny' ?ays that both the triens and quadrans bore the image of 1 ship. The sextcns, the sixth part of the as, oi: piece of ;ivo ounces, bears two balls. In the annexed spe- cimnn from the British Museum, there is a cadu- 'leus and strigil on one side, and a cockle-shell on shi; other. Its weight is 7.79 grains. ., The uncia, one ounce piece, or twelfth of the as, IS marked by a single ball. There appear on this coin heads of Pallas, of Roma, and of Diana, ships, frogs, and ears of barley. After the reduction in the weight of the as, coins were struck of the value of 2, 3, 4, and even 10 ases, which were called, respectively, dussis or dupondius, Iressis, quadrussis, and decussis. Other multiples of the as were denoted by words of similar forma- tion, up to centussis, 100 ases ; but most of them do not exist as coins. In certain forms of expression, in which as is used for money without specifying the denomina- tion, we must understand the as. Thus deni aris, mille aris, decies aris, mean, respectively, 10, 1000, 1,000,000 ases. The word as was used also for any whole which was to be divided into equal parts ; and those parts were called uncia. Thus these words were applied not only to weight and money, but to measures of length, surface, and capacity, to inheritances, interr est, houses, farms, and many other things. Hence the phrases hares ex asse, the heir to a whole estate ; kares ex dodrante, the heir to the ninth part, &c.' Pliny even uses the phrases semissem Africie,' and dodrantes u semiuncias korarum.^ The as was also called, in ancient times, assarius («c. nummus), and in Greek to aanupiov. Accord- ing to Polybius,^ the assarius was equal to half the obolus. On the coins of Chios we find aaadpiov, daadpcov ^/ztav, uaaupia dvo, uaaupia rpia. *AS'ARUM {uaapov), a plant. There can be no doubt, observes Adams, that it is the Asarum Euro- paum, or common Asarabacca. Dodonaeus men- tions that it had got the trivial name of Baccar in French, and hence supposes Asarabacca was a com- pound of the two terms. He denies, however, that it is the real Baccharis of the ancients: But Spren- gel advocates this opinion, and mentions in confirm- ation of it, upon the authority of the Flora Vermen- «'», that the Asarabacca is called bacchera and bacy sara by the inhabitants of the district around Vero- iia.' According to Sibthorp, it still grows in what was once the Laconian territory, and in the country around Constantinople. ASBESTOS orAMIAN'TUS {aa6eaTog, djiiMV- T»). This mineral, which is generally white, and has sometimes a greenish hue, and which consists of soft flexible fibres, was obtained by the ancients I. (11. N., xxxiii., 13.)— 2. {Vid. Cic, pro Cacina, c. 6.)— 3. fH !»., iviii., 0.)-4. (H. N.j ii,, 14.)— 5. (ii., 15.)— 6. (Dios- Bor , i., 9. — Giilen, Do Simpl.. vi. — Ailams, Append., >*. v — Bil- lerbeck. Flora Claasjca. p. ilfi.l from India, from the vicinity of Carpasus m Cypnuv and from Carystus in Euboea. In consequence ol being found in the two latter localities, it was some times called " the flax of Carpasus" Q.ivov Kapira- aiov'). and also " the Carystian stone" (Aiflof Kapva- Tiog'). It was well adapted for making the wicka of lamps, because it is indestructible by fire ; and hence the Greeks, whp used it for this purpose, gavti it the name r' asbestos," which means inextinguish- able. Pausanias" mentions that the goldqn lamp which burned day and night in the temple of Athena PoUas, at Athens, had a vvick of this substance. It was also spun and woven into cloth. Thus manufactured, it was used for napkins {^eipcKiia- yeta,* x^'^poiiaKTpa'), which were never washed, but cleansed in a much more effective manner, when- ever they required it, by being thrown into the fire. Another use to which asbestine cloth was ap- plied, was to preserve, the remains of dead bodies burned in the funeral pile. The corpse,, having been wrapped in a cloth of this substance, was consumed with the exception of the bones, which were thu.? kept together and preserved from being mingled with the ashes of the wood. But the expense of this kind of cloth was so great, that it could only be used at the obsequies of persons of^he most ex- alted rapk. The testimony of Pliny, vijho alone has transmitted to us the knowledge of this species of posthumous luxury, has been corroborated by the discovery of pieces of the cloth in ancient Ro- man or Itahan sepulchres. The most remarkable specimen of this kind was found at Rome, A.D. 1702, in a marble sarcophagus. The scull and bones of the deceased were wrapped up in it. Its din;en- sions were about five feet by six and a half. Sinre its discovery, it has been carefully preserved in the Vatican Library ; and Sir J. E. Smith, who saw it there, describes its appearance in the following terms :' " It is coarsely spun, but as soft and pliant aa silk. Our guide set fire to one corner of it, and the veiy same part burned repeatedly with great rapidity and brightness without being at all injured." Although asbestos is still found naturally assic el- ated with rocks of serpentine in Cornwall, and in many foreign countries, it is now scarcely used ex- cept for some philosophical purposes, and, if made into cloth, it is only in very small quantities, and as a matter of curiosity. — *II. The Greek medical wri- ters use the term uaSeaTo^in.a very different sense from the preceding. With them it indicates Calx viva, or Quicklime {Tiravog being understood). By DIoscorides it is more specially applied to the lime of sea-shells. " I am not aware," observes Adams, ",that any Greek author uses the term, acSfiTTO! in the sense in which it is employed by the Latin wri- ters and by modern naturalists."' ♦ASCALABO'TES (oa/cqAaCuTi/f), a species of Lizard. Its Greek names are aaKaXaturrit, dcKuXa- 6oc, yaleuTTjg, and KaTiorri;, all of which appellations are given to one and the same animal, namely, the Spotted Lizard, the Stellio of the Latin writers, and the Lacerta g-ccAo of Linnaeus. The Stellio lived in walls, and was accustomed to run along these and on the roofs of houses.' It was considered the en- emy of man, venomous and cunning, Hence the terra stellionatus, denoting all kinds of fraud in bar- gaining, and the old English word stellionate, or Fraud in the contract, , The Stellio is the Tarentole, or Gecko tuberculeux of the south of Europe. It must not be confounded with the Lacerta stellio, L., 1. (PauSi, i., 26, 1) 7.)— 2. (Plut., De Ora«. Def.)— 3. (1 c.)— 4. (Sotacus,ap.Ap.Dysc.H. Comment., c. 30.) — 5. (Strabo,!,— ■Plot., 1 . Qi-^" ,Mappa;," Plin., H. N , lix., 4.)— 6. (Tour on Con- tinent, vol., ii., p. 201. )^i (Dioscorides, v., 133. — Galen. — A^ tins.— P. JKgin. — Oriba.sius ; pluries.— Ad -.ms. Append., 8. ».' —8. ( Mrtcph., Nub., 170, &c.) Ul ascia. ASCYilON. or the Stellio of the Levant. This misapplieation of the term was first made by Belon. The Lacerla litllio is of an olive colour, shaded with black, and is very comnon throughout the Levant, and partic- vlarly in Egjipt. The L. gecko, on the other hand, is a spotted lizard, and some of the species, the Pklydactyli for instance, are painted with the most livr^ colours The melancholy and heavy air of thp Gecko, superadded to a certain resemblance which it bears to the salamander and the toad, have rendered it an object of hatred, and caused it to be (wnsidered as venomous, but of this there is no real pronf.' •ASC'AHIS (afffcapif), the small intestinal worm formed in children and in adults afflicted with cer- tain diseases. It is the Ascaris vermicularis, L.' ASCIA, dim. ASCIOLA {axevupvov, aKei^dpvi.ov), \n adze. Murato-i^ has published numerous representations (if the adze, as it is exhibited on ancient monuments. We select the three following, two of which show the instroment itself, with a slight variety of form, while the third represents a ship-builder holding it in tais right hand, and using it to shape the rib of a vessel. The blade of the adze was frequently curv- ed, as we see it in all these figures, in order that it might be employed to hollow out pieces of wood, so as to construct vessels either for holding water or for floating upon it. Calypso, in the Odyssey,* fur- nishes Ulysses both with an axe {neXeitvc) and with •• a well-polished adze," as the most necessary in- ■-■ fl. WdSfiliv AdKhapvov : (EcJ. Col.. 101.) 113 to i^earov nirpov,' and denoted a rock in its nato ral state. Both the substantive ascia, and the verb ascian derived from it, retain the same signification in mod- ern Italian which they had in Latin, as above ex. plained. Vitruvius and Palladius' give directions for '.ifina the ascia in chopping lime and mixing it so as to make mortar or plaster. For this purpose we mutt suppose it to have had a blunt, unpolished blade, anii a long handle. In fact, it would then resemble thu modern hoe, as nsed either by masons and plaster- ers for the use just specified, or by gardeners or ag- riculturists for breaking the surface of the ground and eradicating weeds. Accordingly, Palladius," io his enumeration of the implements necessary for tilling the ground, mentions hoes with rakes fixed to them at the back, ascias in aversa parte referentc> rasiros. Together with the three representations of the ascia, we have introduced into the preceding wood- cut the figure of another instrument, taken from a coin of the Valerian family.* This instrument was called AciscuLus. It was chiefly used by masons, whence, in the ancient glossaries, Aciscularius is translated XaTofiog, a stone-cutler. The acisculus, or pick, as shown in the above figure, was a little curved, and it terminated in a point in one direc- tion, and was shaped like a hammer in the other. Its helve was inserted so that it might be used witb the same kind of action as the adze. Also, as the substantive ascia gave origin to the verb cxasciare, meaning to hew a smooth piece of wood out of a rough piece by means of the adze, so acisculus gave origin to exacisculare, meaning to hew anything out of stone by the use of the pick. Various monu« mental inscriptions, published by Muratori,' vara persons against opening or destroying tombs by thil process. ♦AS'KION {uaKtov), a species or variety of Truf- fle, mentioned by Theophrastus.' *ASCLE'PIAS (,uaK^rimuc), a plant, which Al- ston, Woodville, Billerbeck, and Sprengel agree in identifying with the Asclepias vincetoxicum, L., oi officinal Swallow-wort. Stackhouse, however, pre- fers the Thapsia Asclepinon. It was used incase^ of dropsy,' and took its name from Asclepiades, who first recommended its use. ASCLEPIEI'A ('Aaai.ri'Kieia) is the name of fes- tivals which were probably celebrated in all places where temples of Asclepius (jEsculapius) existedi The most celebrated, however, was that of Epidau- rus, which took place every five years, and was sol- emnized with contests of rhapsodists and musicians, and with solemn processions and games. 'AoKh;- meia are also mentioned at Athens,' which were, probably, like those of Epidanrus, solemnized with musical contests. They took place on the eighth day of the month of Elaphebolion. ♦ASCYRON (uaKvpov), a plant. Dioscoride? puts it beyond a doubt, that the daiaipov is a species oi Hypericum, or St. John's-wort ; but which spe- cies it is cannot be satisfactorily determined. Spren- gel, in the first edition of his R. H. H., prefers the Hy- pericum Androscemum, or Tutsan ; but in his editioE of Dioscorides he hesitates between the H. perfo- ratum and the H. montanum. Dodonaeus is for the former, and Matthiolus for the latter. Adams thinki that the description of Dioscorides is more applica ble to the androsamum than to the perforatum. 1. (1. 19.)— 2. (Vitruv., vii., 2.— PaUad., i., 14.)— 3. (i., 43.) —4. (Phil, a Tuire, Mon. Vet. Antii, c. 2.)— 5. (1. o.)— 6. (H P., I, 10.)— 7. (Theophiast., H. P., iit., 12.— Dioscor., iii., 96.- Adams, Append., s. v. — Billerbeck, Flora Classica, p. 61.)— 9 (jEschines, c. Ctes., p. 455.— Biickh, Staatshaush., ii,,253.)^ (Billerbeck, Flora Classica, p. 200.— Dioscor., iii., 102.- *■" — ■ Append., s. v.) ASllriEIAS GRAPHt. ASIARCH^ ITie name androsannon (avSpoaai/iov) was given to this plant, because the bud, when indented witli the nail, exudes a blood-red colour (avSpo; alfia, " hu- man blood"). A species of balsamic oil was ex- tracted from this plant. According to Sibthorp, the Ascyron is called at the present Any BaXaa/iov by the monks of Mount Athos ; XeLXTii'l>X'>P'^o^ ™ Zante, where it grows in the hedgas ; and axovSpi^a in La- conia. ASCO'LIA (uffKciXio) (the leaping upon the leath- er bag) was one of the many kinds of amusements in which the; Athenians indulged during the An- thesteria and other festivals in honour of Dionysus. The Athenians sacrificed a. he-goat to the god, made a bag out of the skin, smeared it with oil, and then tried to dance upon it. The various accidents accompanying this attempt afforded great amuse- ment to the spectators. He who succeeded was victor, and received the skin as a reward.' The scholiast, however, enoneously calls the ascolia a festival ; I for, in reality, it only formed a part of one.= ASEBEI'Ai; rPA*H (aorfeiar ypo0r/) was one of the many forms prescribed by the Attic laws for the impeachment of' impiety. From the various tenour ol the accusations still extant, it may be gath- ered that this crime was as ill-defined at Athens, and, therefore, as liable to be made the pretext for persecution, as it has been in all other countries in which the civil power has attempted to reach oflen- ces so much beyond the natural limits of its juris- diction. The occasions, however, upon which the Athenian accuser professed to come forward, may be classed as, first, breaches of the ceremonial law of public worship ; and, secondly, indications of that, whicii in analogous cases of modern times would be called heterodoxy or heresy. The former com- prehended encroachment upon consecrated grounds, the plunder or other injury of temples, the violation of asylums, the interruption of sao-ifices and festi- vals, the mutilation of statues of the gods, the in- troduction of deities not acknowledged by the state, and various other transgressions peculiarly defined by the laws of the Attic sacra, such as a private celebration of the Eleusinian mysteries and their divulgation to the uninitiated, mjury to the sacred olive-trees, or placing a suppliant bough (UeT^pla) on a particular altar at an improper time.' The. heretical delinquencies may be exemplified by the expulsion of Protagoras* for writing that "he could not learn whether the gods existed or not," in the persecution of Anaxagoras,' like that of Galileo in after times, for impugning the received opinions about the sun, and the condemnation of Socrates for not holding the objects of the public worship to be gods.' The variety of these examples will have shown that it is impossible to enumerate all the cases to which this sweeping accusation might be extended ; and, as it is not upon record that reli- gious Athens' was scandalized at the profane jests of Aristophanes, or that it forced Epicurus to deny that the« gods were indifferent to human actions, it is difficult to ascertain the limits at which jests and slepticism ended, and penal impiety began. With respect to the tried, any citizen that pleased ^y!l;i one shoulder only, and used for car- rying burdens. The paintings in the ancient tombs of Egypt prove the general use of this implement in that TOunti7, especially for canying bricks, water-pails '.o irrigate the gardens, and baskets with all kinds iif provisions for the market. Mr. Burton found at Thebes a wooden yoke of this kind, ■»?ith one of the leather straps belonging to it. The yoke (which is now in the British Museum) is abcut '.ij feet long, and the strap about 16 inches." We also find this instrument displayed in works ot Grecian art. A small bronze lamp found at Sta- biae (see the annexed woodcut) represents a boy carrying two baskets suspended from a pole which reals upon his right shoulder. The two other rep- resentations here introduced, though of a fanciful or ludicrous character, show by that very circum- stance how familiar the ancients must have been with the use of this piece of furniture. The first is from a beautiful sardonyx in the Florentine muse- um : it represents a grasshopper carrying two bas- kets, suspended each by three cords from the ex- tremity of the yoke, and skilfully imitates the action of a man who is proceeding on a journey. The other is from a Greek painted vase,^ and, under the disguise of a satyr, shows the mode in which lambs and other viands were sometimes carried in pre- paring for a sacrifice to Bacchus. In the collection of antique gems at Berlin there are no less than four representations of men carrying burdens in this manner.' Aristotle' has preserved an epigram of Simonides, which was probably inscribed upon the base of a Btatue erected at Olympia to the individual whom it celebrates. It begins thus : Ilp6a6e fiev a/if o/ioiaiv Ixau Tprjxelav aalXTi.av, 'IxSvc ef 'Apyod; d( Teyeav Ifcpov. This poor man, who had formerly obtained his living by besring " a rough yoke" upon his shoulders, to carry fish all the way from Argos to Tegea, at lengl.i immortalized himself by a victory at the OlyMpic games.' . 1. (c. 21.) — 2. (Wilkinson, IVIanners and Customs of Ancient Eyypt, vol. ii., p. 5, 99, 137, 138.)— 3. (Sir W. Hamilton's Va- Bb8, ii., 40.) — 4. (Winckelmunn, Pierres gravces du Baron de Stosch, p. 517.)— 5. (RhEt., . 7.)— fl. (Anthol. C->ec., i., 80, ed. Jacobs.) 114 Aristophanes calls this implemem. uvd^opoi' -. ai introduces upon the stage a slave carrying a heavy load by means of it ; and he describes the act ot transferring it from one shoulder to another by the phrase /uradaTi^o/ievoc Tavd^opov.^ *ASriiUS, a sppcies of Gadfly or Horsefly, ac- customed to sting cattle. VirgiP makes it the samp with the olarpoc of the Greeks, and Varro" gives to it the name of Tabanus. Pliny,* on the other hand informs us that it was called both lalmnus and asi lus. As in Latin, so in Greek there are two names,' olarpoc and /ivorl}. Bochart* and Aldrovandi' have proved very satisfactorily, that by the Greek poets and writers on Belles Lettres these two terms were used indiscriminately, but that Aristotle and other writers on matters of science apply the former (oiVrpof) to a species of gadfly, meaning, very prob- ably, the (Estrus bmis or Breeze, and the latter to a species of horsefly, the Tabanus bovinus. This Ad- ams considers the most satisfactory account of the matter; he deems it right, however, to mention, that Schneider, treating of the fivuip of .^lian, pro- fesses himself unable to determine whether it was a species of CEstrus, Tabanus, or Hippobosca; and in another place he offers it as a conjecture, that the olarpoQ of Aristotle was a species of Culcx, or gnat. It seems agreed that the Asilus of Virgil was the Breeze.' Martyn' gives a description ol the Asilla,' which he takes to be the same with the Asilus, from an Italian author. He represents it as "in shape somewhat resembling a wasp or wild bee. It has two membranaceous wings, with whici-. it makes a loud whizzing. The belly is terminated by three long rings, one less than the other, from the last of which proceeds a formidable sting. ' This sting is composed of a tube, through which the egg is emitted, and of two augers, which make way fin the tube to penetrate into the skin of the caltia. These augers are armed with little knives, whieli prick with their points and rjt with their edges,- causing intolerable pain to the animal that is wound- ed by them. But this pain is not all ; for at the end of the sting, as at the end of a viper's tooth, and of the sting of wasps, bees, and hornets, issues forth a venomous liquor, which irritates and inflames the fibres of the wounded nerves, and causes the wound to become fistulous. This fistula seems to he kept open by the egg, after the manner of an issue. The egg is hatched within the fistula, and the worm continues there till it is ready »o turn to a chrysalis, receiving its nourishment from the juice which fiows from the wounded fibres. These- worms nimain for nine or ten months under the skin, and then, being arrived almost to perfectior they come out of their own accord, and creep into some hole or under some stone, and there enter into the state of a chrysalis, in which condition they lie quiet for some time, and at last come forth in the form of the parent fly." *ASTNUS. (Vid. Onos.) *ASPAL'ATHUS (dandXaeoc), a species of thoi- ny shrub, bearing a flower which some call the Rose of Jerusalem, or Lady's Rose. Much uncertainty, however, exists on this point. " The Aspalathas," says Gharras,' " is the wood of a thorn-tree or bush, in virtues, taste, smell, and figure much resembling Lignum aloes." Matthiolns is at great pains to prove that it is not the Santalum rubrum. Spren- gel, in the first edition of his R. H. H.. holds it to be the Genista aspalathmdes, but in hia edition of Dioscorides he inclines to the Cytisus laniger, 1. (Ran., 8.— Eccles., 828.— Schol. in loc.)— 2. (f!eor?„iii. 148.)— 3. (De Re Rust., ii., 5.)-4. (H. N., xi., 28.)— 5. {Hiora lib. iv., col. 546.)-^. (Dc Insect., lib. iii.)— 7. (Adams, Appeali B. v.— .filian, N. A , vi., 37.— Aristot.,H. A., i., \.)— 8. (InVir». Georff., in., MS.)— 9. (Royal Pharmacop., a. v.) ASPIS. ASSESSOR. (/a.nd III Ihe works of the Arabian writers on riusbandrj, it is said that the Aspalathus has a jiur- ple flower and an acid taste, and has no fruit. Ac- cording to Maeris Atticista, tlie Attics used aanuX- adot for uKavBai o/the other Greeks. We may con- clude, then, that it was often applied loosely to all kinds of thorns.' The rind of the root of the As- palathus yiolded an aromatic oil. •ASP ALAX (dff-iJlaf ), a species of Mole, called ajTo^af by Aristotle,' airoKuij) hy Aristophanes,' and aii^vEvc by Lycophron.* It is generally set down as being the Talpa Europea, L., or common Mole ; but it is deserving of remark, that Olivier, in his Travels, has described a species or variety of mole found in Asia Minor, which. Dr. Trail of Edinburgh thinks, answers better to Aristotle's de- scription than the common mole. Aristotle was aware that the Mole is not blind, although it has very small eyes.' *ASPAR'AGUS (uuTrupa/Of or ua6SeXoi), a plant, called by Apuleius " Hastula regia," and hence its English name, " King's Spear." According to Sprengel, the dc^oiJe/lof of Galen is the Ornilhogalum Stachyoides ; bu' that of Theophrastus and Dioscorides the As- j.Jiodelus ramosus, L. This is the famous herb which Homer represents as growing in the meads of Elysium. Eustathius' mentions that it was fre- quently planted in the neighbourhood of sepulchres. The common name of the Omithogalum is the Star of Bethlehem. — The Asphodelus was used as a pot- herb in the time of Hesiod.'" According to Sibthorp, the common name for this plant at the present day is oct^oiSe/Iu. In Laconia it is ternied anovpddxv^ia, in Attica KapaSouKL. *ASPIS (aawcf), I. the .A.sp, a species of noxious serpent often mentioned by both Greek and Roman writers ; and from the discrepances which are ob- servable in the accounts given by different authors, it would seem that several different species of poi- sonous serpents were known to the ancients under this common name. Galen, in fact, and the other medical authorities, describe three varieties of the Asp, namely, the Ptyas, Chersaea, and Chelidonia." jElian, however, affirms that the Egyptians distin- guished sixteen varieties of it." " From various circumstances, and particularly from the descrip- tion of Pliny," it is evident that the most common and celebrated of the Asp species was that to which the modern Arabs give the name of El Haje, or Haje Naschcr. This animal measures from three to five feet in length : it is of a dark green colour, marked obliquely with bands of brown ; the scales of the neck, back, and upper surface of the tail are slightly carinated, and the tail is about one fourth part the length of the whole body. Tlie haje is closely allied to the cobra, capello, or spectacled 1. (Dioscor., i., 19. — Theophrast., H. P., ix., 7. — Adams, Ap- pend a. V.)— 2. (H. A., iv., 7.)— 3. (Aohatn., 879.)— 4. (Cas-. ■andr., 121.) — 5. (Adams, Append., a. v.)— 6. (H. P., i., 16.) — 7. (Galen, dc Alini. far., ii., 58.)— B. (Schneider, Gr. D. Wiirt., «. T.)— 9. (In 04, %i., 538.! —10. (Op. et U., 41.— Adams, Aji- pend., 8 V. — BiUelbeck, Flora Classica, p. 92.) — 11. (Theriaca Id Pisjnes.)-12. (N. A,, x.. 31.)- 13. (H. N.,.viii., 3S.) snake of India, the chief apparent difference being its want of the singular yellow mark on the back oi the neck, from wMch the latter species derives its name. In other respects these two serpents are nearly of the same size ; they are equally venomous, and both have the powei of swelling out the neck when irritated, and raising themselves upright upon their tails, to dart by a single bound upon their ene- mies. The poison of the Asp is of the most deadly nature. The habit which this serpent has of erect- ing itself when approached, made the ancif nt Egyp- tians imagine that it guarded the placee which it inhabited. They made it the emblem of the divin- ity whom they supposed to protect the world ; and, accordingly, they have represented it on their tem- ples, sculptured on each sideof a globe."'^II. ( Vid. Glipehs ) *ASPLE'NIUM (dcTTvX^viov), a plant, which Spren- gel follows Tragus in referring to the Asplenium ce- terach, or, as he proposes to call it, Gymnogramrna ccterach, our Spleenwort or Milkwaste. He admitf that he could not ascertain the origin of the term ceterach. Miller, however, says " the word ceterar.h is Arabic."" The Asplenium took its name from its supposed utility in disorders of the spleen. ASSA'RIUS NUMMUS. (Vid. As.) ASSERES LECTICA'RII. {Vid. Lectica.) ASSERTOR or ADSERTOR contains the same root as the verb adserere, which, when coupled with the word manu, signifies to lay hold of a thing, to draw it towards one. Hence the phrase adserere in libertatcm, or liberali adserere manu, applies to him who lays his hand on a person reputed to be a slave, and asserts or maintains his freedom. The person who thus maintained the freedom of a reputed slave was called adsertor,' and by the laws of the Twelve Tables, it was enacted in favour of liberty, that such adsertor should not be called on to give security in the sacramenti actio to more than the amount of l. asses. The person whose freedom was thus claim- ed was said to be adscrtus. The expressions, (iber- aiis causa and liberalis riianus, vvhich occur in i^lay^- ioal authors in connexion with the verb adserere, will easily be understood from what has been said.* Sometimes the word adserere alone was used as equivalent to adserere in libertatem.' The expression asserere in servilutem, to claim a person as a slave, occurs in Livv.' ASSESSOR or ADSESSOR', literally one who sits by the side of another. The duties of an as- sessor, as described by Paulus,' related to " cogni- tiones, postulationes, libelli, edicta, decreta, epistp- la; ;" from which it appears that they were employ- ed in and about the administration of law. The consuls, praetors, governors of provinces, and the judices, were often imperfectly acquainted with the law and the forms of procedure, and it was neces- sary that they should have the aid of those who had made the law their study. The praefectus praetorio and praefectus urbi, and other civil and military functionaries, had their assessors. An instance is mentioned by Tacitus' of the Emperor Tiberius as- sisting at the jiidicia (judiciis adsidebat), and taking his seat at the corner of the tribunal ; but this pas- sage cannot be interpreted to mean, as some persons interpret it, that the emperor sat there in the char- acter of an assessor, properly so called : the remark of Tacitus shows that, though the emperor might have taken his seat under the name of assessor, he could be considered in no other light than as the head of the state. 1. (Penny Cyclopffidia, vol. li., p. 487.) — 2. (Dioscorides, lii , HI. — Adams, Append., s v.) — 3. (Gains, iv., 14.) — 4. (Tcrent , A.lelph., II., i., 40.— Plaut., Pffin., IV., ii., 83.— Viif. etiiim Dig 40, tit. 12, De liberali Causa..)— 5. (Cic., pro Flaiic, c. 17.1—4 (iii., 44 ; Mxiv., 18.)— 7. (Dig. 1, tit 21, s. l.)~* (Ans i , 7S ) ,115 ASTF,n AITICUS. ASTRAGALUS. The Emperor Alexander Severus gave the as- gessores a regular salary.' Freedmen might be assessoreS. In the later writers the assessores are mentioned under the various names of conciliarii, juris sludiosi, comites, &c. The studiosi juris, men- tioned by Gellins' as assistant to the judices (quos adhibere in consilium judicaturi solent), were the as- sessores. Sabinus, as it appears iiom Ulpian,' wrote a book on the duties of assessors. The as- sessors sat on the tribunal with the magistrate. Their advice or aid was given during the proceed- ings as well as at other times, but they never pro- nounced a judicial sentence. As the old forms of procedure gradually declined, the assessores, ac- cording to the conjecture of Savigny,* took the place of the judices. »ASS'IUS LAPIS CAfffffof IWos), a kind of stone, deriving its name from Assos, a city in the Troad. Such, at least, is the account of Pliny." Dioscori- des," however, calls it 'A&iof /IWof, and CelsUs' Lkpis Asius, the Asian Stone ; the last-mentioned author appearing to derive its name from Asia gen- erally. All these writers agree in classing it with the stones which, from their consuming the bodies of the dead enclosed within them, were called sar- cophagi (capKofayot). The Assian stone was char- acterized by a laminated structure, a saline efflo- rescence of a sharp taste, and its styptic properties.' Galen, in describing this stone, says that it is of a spongy substance, light and friable ; that it is cov- ered with a farinaceous kind of powder, called the Flower of the Assian stone ; that the molecules of this flower are very penetrating; that they consume flesh ; and that the stone has a simUarproperty, but in a less degree. This efflorescence had, moreover, a saline taste. Galen adds, that it was of a yellow or whitish colour, and that, when mixed with resin of turpentine or with tar, it removed tubercles. Piiny repeats almost the same account.' *AST'AGUS ((iffra/cof), a sea animal, described by Aristotle, Galen, Oppian, iElian, and others. It belongs to the class Crustacea., and is called Gram- maro by the Italiatls, /Zbmor by the French, and Craw-fish by the English. It is the Aslacus fluvia- lis, L Cuvier has shown that it is the Elephantus of Pliny.'" *ASTER {atjTfip). I. A species of bird, most probably the Fringilla rubra, or Smaller Redpole. — II. The genus Stella, or Star-fish. ' It has been va- riously classed under Zoophyta, MoUusca, and Crustacea, by both ancient and modern naturalists. — III. One of the varieties of the Samian earth was also called by this name. ( Vtd. Samia Terra.) ♦ASTER- ATT'IGUS ('Aar^p 'Arnrof), a plant. According to Apuleius, the Asterian, Asteriscon, Asttr Atticus, and Inguinalis, are synonymous. Stackhouse and Schneider farther identify the uarep- ■iaKoi of Theophrastus with it. Martyn is at great pains to prove that the " Amellus'" of Virgil is the Aster Atticus. Botanists accordingly give to the Italian blue Starwort the name of Aster amellus. The flov/er of the Aster has its leaves radiated like a star, whence its name {uaTJjp, " a star"). This plant was employed in swellings of the groin, whence the names of Inguinalis and Bubonium that were sometimes applied to It. Another ancient appellation, Amellwi, was derived from that of the rivet' (the if e/a, in Cisalpine Gaul) on the banks of which this plant grew very abundantly. The root nf the Aster, cooked in old Aminaean wine, is men- tioned by Columella as a good remedy for sickness 1. (Lampri^, Alei. Sev., 46.)— 2. (lii., 13.)— 3. (Dig. 47, tit. 10, s. 5.) — 4, (Geschiclife des R8m. Rechts im MitteMter, i., 79.)— 5. (Plin., H. N., ixxvi., 27.)— 6. (v., 141, 142.)— 7. (iv. 24.)— 8. (Moore's Anc. Mineral., p. 127.)— 9. (Galen, Sympt. Med. Fao., lib. ix.)— 10 (Adams, Append., s v ) ' 116 among bees. 'I'he Aster grows in the valleys at.o on the hills of Italy and Sicily, frequently in a wild state. Sibthorp found it also near Athens.' It used to grow abundantly in Attica. *ASTER'IA, a gem, mentioned by I'liny, wli.ct came from India and from Carmania. It derived its name from its starlike lustre when exposed tu the rays of the sun. Mineralogists make it to have been that variety of opal which is called girasole, from its reflecting a reddish light when turned to- wards the sun. Pliny describes it as difficult tu engrave; "the difficulty," observes Dr. Moore, " arising probably, not from its hardness, but from the numerous minute fissures which traverse opal in all directions, and to which it is supposed to owe the playful variation of its colours."" *ASTRIOS, a gem mentioned: by Pliny, and which occurred in India and on the shores , of Pal- lene, but of the best quality in Carmania. The Roman writer describes it as shining " from a point within it like a star, with the brightness of the full moon." Dr. Moore consider.'! Werner's opinion the most probable, that it is the same with the moon- stone of Ceylon.^ ' ASTRAG'ALUS, an astragal, one of the mould ings in architecture, more especially oharacteristio of the Ionic order. The astragal is always found as the lowest mem. ber of the Jonic capital, forming the division be- tween it and the fluted shaft of the column. Of this we have a beautiful example in the remains ot the Temple of Bacchus at Teos, which, as we are informed by Vitruvius,* was built by Hormogenes of Alabanda, one of the most celebrated of the. an- cient architects, and of which he wrote a full description. One of the capitals of this templeia shown in the annexed woodcut. Above the astra^ gal we see the echinus, and on each side of it the volute, to which is added an ornament in imitation of the aplustre of a ship. (Vid. Aplustre.) The astragal was used with a beautiful effect not only in Ionic, but also in Corinthian buildingSj? lu border or divide the three faces of the architrave ; and it was admitted under an echinus to enrich the cornice. The lower figure in the woodcut shows a small portion of the astragal forming the upper edge of an architrave, which is now in' the British Mu- seum, and which was part of the Temple of Erech- theus at Athens. It is drawn of the same size aa the marble itself The term astragalus, employed by Vitruvius,' was no doubt borrowed from Herroo genes and other Greek writers en architecture. i< denoted a' bone in the foot of certain quadrupeds, the form and use of which are explained under the corresponding Latin term Talus. A number of 1. (Dioscor., iv., 118.— Martyn in Virg., Oeorg., iv., 271.- Adams, Append., s. v.— Columella, ii., 13, 8.— BillerbcH.li, Flon Classica, p. 216.)— 2. (Plin., H. N., xxxvii., 47.— Moore's AM- Mineralogy, p. 171.)— 3. (Plin., H. N., xxivii., 48.^Jaineso]i^ Mineralogy, i., 362.- Moore's Anc. Mineral., p. 172.)— 4. (iv:;"* 1 ; vii., Pvief 12. ed. Schneiderjl— 5. (iii. 5, 3 ; iv., 6, S, 3.) ' ASYIXM ASYLUM. hiese bones, placed in a row, wouM present a su:- cession of oval; figures alternating with angular projections, which was probably imitated in this moulding by the inventors of the Ionic order. The moulding aftenvard retained the same name, not- withstanding great alterations in its appearance. Vitruvius speaks of the "astragali" in the base of th« Ionic column. These were plain semicircular mouldings, each of which resembled the torus, ex- cept in' being very much smaller. {Yid. Spika;) ASTPATEI'AS rPA*H (aaTpareia^ ypaf'l) was the accusation instituted against persons who failed to appear among the troops after they had been enrolled for the campaign by the, generals.' Any Athenian citizen ot the military age seems to have been liable to be called upon for this service, with the exception of Choreutse, who appear to have been excused when the concurrence of a festival and a campaign rendered the performance of both duties impossible," and magistrates during their year of office, and farmers of the revenue, though. the caoe cited in Demosthenes^ suggests. some doubts as to how far this last excuse was considered a sufficient plea. We may presume that the accuser in this, as in the similar action for leaving the ranks [XmroTa^iov), was any citizen that chose to come tbrward (li ^ov7i,6/ievo;, olg ffetrrt), and that the court was composed of soldiers who had served in (he campaign. The presidency of the court, ac- cording to Meier, belonged to the generals;* The liefendant, if convicted, incurred disfranchisement '-uTi/tiaj^ both in his ovai person and that of his descendants ; and there were very stringent laws to punish them if they appeared at the public sacra, lo which even women and slaves were admitted.' *ASTUR, the Falco Palumbarius, or Goshawk. \Vid. HlEKAX.) *ASTUE,CO, a jennet, or Spanish horse. {Vid. ASTYN'OMI ( uaTwo/iot ), or street police of Athens, were ten in number, five for; the city, and as many for the Peircsus. Aristotle (as quoted by Harpocrat., s. v.) says that they had to attend to the female musicians, to the scavengers, and such like. In general, they had to take care of public decorum : thus they could punish a man for being indecently clad.' It would seem, from what Aris- totle says,' and from the functions which Plato assigns to his astynomi,' that they had also the charge of the fountains, roads, ah d public buildings; and it is supposed that Plutarch's words," ire raw ^ABrjvTiaiv iiduTcjv k'KLCTuTr}^ .iiv^ mean "when he was astyjiomus" • The astynomi ■ and agorakorm di- vided between them most of 'the functions of the Roman aediles. The astynomi at ■ .Thebes were called Te^iapxoc.^^ ( Vid. AGOEANOMii) - ASY'LUM (uiTu/lov). In. the Greek i states, the temples, altars, sacred groves, and statues of the gods generally possessed the privilege of protecting slaves, debtors, and criminals, who fled to them for refuge. . The laws, however, do not appear to have recognised the right of all such- sacred places to afford the protection which was claimed, but to have confined it to a certain number of temples or altars, which were considered in a more especial manner to have the dTO/lm, or jus asyli.^' There were several places in Athens which possessed this privilege, of which the best known was the The- seum, or Temple of Theseus, in the city, near the 1. (Lys. in Ale, l., d^I.)— 2. (Petit., 664.)— 3. (Neaer., 1353, S4.J— 4. (Att. Process, 363, 133.)— 5. (Andoo., De Myst., 35.)— 6. (.^sch. in Ctes., 73. — D'cmosth. in Timoer., 733, 11.) — 7. Wif,, Laert., vi., 9^.)- 8. (PoUt., vi., 8, i 4, 5.)— 9. (Legg., vi., p. 763.;- 10. (Themist., o. 31.)— 11. (Plutarch, Reip. ger. Praj- cept,, p. 811, B.) — 13. ('* Non fuit asylum in omnibus templis nisi quibus consecratioms \ege coDcesaum esset :" Serviua in Virg., .^n.. li., 761 ) gymnasium, which was chiefly intended ;.br thi protection of the ill-treated slaves, who could take refuge in this place,, and compel their masters to sell them to some other person.' The other places in Athens which possessed the jus asyli were, the altar of pity, Meou fSu/id;,' which was situated in the agora, and was supposed to have been built by Hercules ;3 the altar of Zeus 'Ayopatoc ; the altars of the twelve gods ; the altar of the Eumenideson the Areiopagusv the Theseum in the Piraeus; and the altar of Artemis at Munychia.* Among) the most celebrated places of asylum in other parts of Greece, we may mention the Temple of Poseidon in Laconia, on Mount Teenarus ;" the Temple of Poseidon in Calauria ;P and the Temple of Athena Alea in Tegea.' It would appear, however, that all sacred places were supposed to protect an individual to a certain extent, even if their right to de so was not recogni- sed by the laws of the state in which they were sit- uated. ■■ In such cases, however, as the law gave no protection, it seems to have been considered lawful to use any means in order to compel the individuals who had taken refuge to leave the sanctuary, ex- cept dragging them out by personal violence. Thus it was not uncommon to force a person from an al- tar or a statue of a god 'by the application of fire. We read in the Andromache of Euripides,* that Her- mione says to Andromache, who had taken refuge at the statue of Thetis, irvp col npoaoirfa : on which passage the scholiast remarks,' " that it was the cus- tom to apply fire to those who fled to an altar,'" In the same manner, in the Mostellaria of PlautnSj'^ Theuropides says to the slave Tranius, who had fled to an altar, " Jam jubeho ignem et sarmenta, car- nifex, cifeumdari." In the time of Tiberius, the number of places pos- sessing the jus asyli in the Greek cities in Greece and Asia Minor became so numerous as seriously to impede the administration of justice. In conse- quence of this, the senate, by the command of the emperor, limited the jus asyli to a few cities, but did not entirely abolish it, as Suetonius'' has erro- neously stated." The asylum which Eomulus is said to have open- ed at Rome to increase the population of the city," was a place of refuge for the inhabitants of other states rather than a sanctuary for those who. had violated the laws of the cityj In, the republican and early imperial times, a right ;of asylum, such as ex- isted- in the Greek states, does not appear to have been recognised by the Roman law. Livy seems to. speak of the right" as peculiar to the Greeks; " Tethplum est ApoUinis Delium — eo jure sanclo quo sunt templa qua asyla Graci appellant "•;•• By a con- stitutio of Antoninus PiuSjiiti was decreed tliat, if a slave in a province fled to the temples' of- the gods or the statues of the eniperors to avoid the ill-usage of his master,-the prteses could compel the master to sell the slave ;" and the slave was not regarded, by the law as a runaway— /agitiDMs." This con- stitutio of Antaninus is quoted in Justinian's Insti- tutes," with a slight alteration ; the words ad adem sacram are substituted for ad f ana deorum, since the jus asyli was in his time extended to churches. Those slaves who took refuge at the statue of an 1. (Plutax-ch, ,The8eus,, c. , 36. — Schol. in Aristoph- , Bquit., 1309.— Hesyoh. et Suid., a. v. S^u^oi;.)— 2. (Pauson., i., 17, « 1.)— 3. (ServiusinVirgi, Jjln.; viii., 342.)— 4. {Oiix iv Movvvxlf httSK,lTO : Demosth., De Cor., p. 262.— Petit., Legg. Att.,p. 77- 82.-;-Meier and SchSmann, Att. Process, p. 404.)^5. (Thucyd., i., 128, 133.— Com. Nep., Pausan., c. 4,)— 6. (Plutarch, De- mosth., c. 29.) — 7. (Pausan., iii., 5, 4 6.)— 8. (1. 256.)— ft (Compare Eurip., Heroul. Fur., 1. 242.)— 10. (V., i., 65.)— 11 (Tib., 37.)— 12. (Viol. Tacit, Ann., iii., 60-63; iv., 14 — Emesti Excurs. ad Suet., Tib., c. 37.)— 13 (Liv., i., 8.— Virg., JEn., viii 342.— Bionys., ii-., 15.)— 1-1. (xxjt., 51.)— 15. (Gains, i., S3 >- 6. (Dig. 21, tit. 1, s. 17, t, l.S.l— 17. '• lit. S, s. 2.) H7 vrEU,AN.E I'ABULyE. emjieror Were considered to inflict disgrace on their master, as it was reasonably supposed that no slave would take such a step unless he had received very bad usage from his master. If it could be proved that any individual had instigated the slave of an- other to flee to the statue of an emperor, he was liable to an action corrupH servi.^ The right of asylum seems to have been generally, but not en- tirely, confined to slaves.' The term umXia was also applied to the security from plunder (davAia xal Kara y^v koX Kara ■duJ.au- cav) which was sometimes granted by one state to another, or even to single individuals." ATELEI'A (kTileia), immunity from public bur- dens, was enjoyed at Athens by the archons for the time being ; by the descendants of certain persons, on whom it had been conferred as a reward for great services, as in the case of Harmodius and Aristogeiton ; and by the inhabitants of certain for- eign states. It was of several kinds : it might be a general immunity {uriXua dnavrav), or a more special exemption, as from custom-duties, from the liturgies, or from providing sacrifices {uriXeia ie- ouii*). The exemption from military service was also called urt^icia.^ ATELLA'N^ FABUL^. The Atellane plays were a species of farce or comedy, so called from Atella, a town of the Osci, in Campania. From this circumstance, and from being written m the Oscan dialect, they were also called Ludi Osci. Judging from the modern Italian character and other circumstances, it is not unreasonable to sup- pose that they were at first, and in their native country, rude improvisatory farces, without dra- matic connexion, but full of raillery and wit, sug- gested by the contemporary events of the neigh- bourhood. However this may be, the "Atellane fal)les" dt Rome had a peculiar and dramatic char- acier. Thus Macrobius' distinguishes between them and the less elegant mimes of the Romans : the latter, he says, were acted in the Roman lan- guage, not the Oscan ; Ihey consisted of only one act, whejeas the Atellane and other plays had five, with laugliable exodia or interludes ; lastly, as he thought, tliey had not the accompaniment of the flute-player, nor of singing, nor gesticulation {motus corporis). One characteristic of these plays was that, instead of the satyrs and similar characters of the Greek satyric drama, which they in some re- spects resembled, they had Oscan characters drawn from real hfe, speaking their language, and person- ating some peculiar class of people in a particular locality. Such, indeed, are the Harlequin and Pul- cinellu of the modern Italian stage, called maschere or masks, and supposed to be descended from the old Oscan characters of the Atellanae. Thus, even now, zanni is one of the Harlequin's names, as san- nio in ihe Latin farces was the name of a buffoon, who had his head shorn, and wore a dress of gay patchwork ; and the very figure of Pulcinello is said to have been found in the stucco painting of Pompeii, in the old country of the Atellanae.' On ibis subject Lady Morgan' speaks as follows : " The Pulcinello of Italy is not like the Polichinel of Paris, or. the Punch of England ; but a particular charac- ter of low comedy peculiar to Naples, as Pantalone B of Venice, II Dottore of Bologna. Their name of Maschere comes from their wearing masks on the upper ;:art of their faces. They are the remains of the Greek and Latin theatres, and are devoted to the depicting of national, or, rather, provincial ab- 1 (Dif. 47, tit. II, s. 5.)— 2. (Dig. 48, tit. 19, s. 28, t) 7.)— 3. (VU. nOokh, Corp. Inscript., i., p. 725.)— 4. (Vid. Demosth., c. I.«pt., i 105, Wolf.— Bflckh. Corp. Inscript., i., p. 122.)— 5. (De- mosth. c Ne^r., p. 1353,23.)— 0. (Saturn., lib. iii.)— 7. (Schle- Eol on Oriin. Lit., lect "iii. j —8. (Italy, a 24.) HO ATEi-LAN^ FABUL-'E I surdities and peculiarities." Again, at Colo>rne m Koln, famous for its connexion with the RomauB, there still exists a puppet theatre {Puppen Theater), where droll farces are performed by dolls, and the dialogue, spoken in the patois or dialect of the coun try, and full of satirical local allusions, is carried on by persons concealed.' These Atellane plays were not pralexiatte, i. r., comedies in which magistrates and persons of rank were introduced ; nor tabernaria, the charaetert in which were taken from low life : " they rather sewn to have been a union of high comedy and its paro- dy." They were also distinguished from the mimes by the absence of low buffoonery and ribaldry, being remarkable for a refined humour, such as could be understood and appreciated by educated p' ople. Thus Cicero" reproaches one of his correspondents for a coarseness in his joking, more like the ribaldry of the mimes than the humour of the Atellane fa- bles, which in former times were the afterpiece in dramatic representations ^secundum (Enomaum Atli- cum, non ut olim solebat Atellanum, sed ut nunc fit, mimum introduxisti). This statement of Cicero agrees with a remark of Valerius Maximus," that these plays were tempered with an Italian severity of taste ; and Donatus also* says of them, that they were remarkable for their antique elegance, i. e., nol of language, but of style and character. This sug- gests an explanation of the fact that Atellanae were not performed by regular actors {histriones), but by Roman citizens of noble birth, who were not on that account subjected to any degradation, but re- tained their rights as citizens, and might serve in the army.' This was not the case with other act- ors, so that the profession was confined to foreign- ers or freedmen. Niebuhr, however, is of opinion, that all the three kinds of the Roman national dra- ma, and not the Atellanae only, might be repiesent- ed by well-born Romans, without the risking of their franchise.' The Oscan or Opican language, in which these plays were written, was spread over all the south of Italy ; and as some inscriptions in it are intelli- gible to us, we cannot wonder that plays written in Oscan were understood by the more educated Ro- mans. One peculiarity of it was the use of p for qu : thus, pid for quid.'' . However, in one part of these plays, called the canticum,'. the Latin language, and sometimes the Greek,' was used. Thus we are told" that one of these cantica opened with the words Venit lo simius a villa, " The baboon is come from his country- house ;" and as Galba was entering Rome at the time, the audience caught up the burden of the song, joining in chorus. It might be thought that this is true only of the time of the emperors ; but we find that, even before then, the Latin language was used, as in the instances given below, and that, too, in other parts besides the canticum. In con- nexion with this, it may be remarked, that, hke ev- erything else at Rome, the Atellanae degenerated under the emperors, so as to become more like the mimes, till they were at last acted by common players. They were written in verse, chiefly iambic, witb many trisyllabic feet. Lucius Sulla, the dictator, is believed to have written plays of this sort from a statement in Athenaeus," that he wrote satirical comedies in his native, i. e.,the Campanian dialect" Quintus Novius, who flourished about fifty years at 1. (Murray's Handbook.)— 2. (ad Fam., ix., Ift)— 3 (ii., 1.1 4. (Vita Terent.)— 5. (Liy., vii., 2.)— 6. (Hist. Rom., vjl. i., P 520, transl.)— 7. (Nieb., Hist. Rom., vol. i., p. 68.)— 8. (Hem, Opusc, i., 295, De Fabula Togata.)— 9. (Suet., Nero. o. 39.)- 10. (Suet., Galba, c. 13.) — 11. (vi., p. 261.) — 12. (SuTupiitill Kiii^npSiat Trj Ttiirpitf ^lavff. Harm., Op'lsc, v., De Fab T<*»* ATHEKINA, ATHLETE'. «er Sulla's, abdication, is said to have written about lifty Atellane plays ; the names of some of tliese have come down to us, as Macchus Exul, or " Mac- chus in Exile;" Gallinaria, or the "Poultei:Jr ;" Vindemialores, " the Vintagers ;" Surdus, the "Deaf- man ;" I'arcus, the "Thrifty-man ;" from this play has been preserved the line, " Quod magnopere qua- sivcrunt idfrunisci nort queunt, Qui non parsit, apud te frunitus est." Fruniscor is the same as fruor.' Lucius Pomponius, of Bononia, who lived about H.C. 90, wrote Macchus Miles, the Pseudo-Agamem- non, the Bucco Adoptatus, the Mdilumus or Sacris- tan, &c. In the last the following verse occurred : "" Qui postquam iibi appareo, atque (EdiLumor in tcmplo tuo." Appareo here means " to attend upon." The Macchus was a common character in these plays, probably a sort of clown ; the Bucco or Babbler was another." These plays subsequently fell into neg- lect, but wej-e revived by a certain Mummius, men- tioned by Macrobius, who does not, however, state the time of the revival. Subjoined is a specimen of Oscan, part of an in- scription found at IBantia, in Lucania, with the Latin interpretation written underneath : " In svae pis ionc fortis meddis moltaum herest Et si quis eum fortis magislralus multare Dolet, Ampert mistreis alteis eituas moltas moltaum li- citud Una cum magistris allis cemriimulta multare licilo." Herest is supposed to be connected with ;(;aip^ffEi, meddis with ftiduv, ampert with a^- lic games. Athletae were first introduced at Rome B.C. 186. in the games exhibited by Marcus Fulvius, on the conclusion of the jEtolian war.* PauUus .iEmilius after the conquest of Perseus, B.C. 167, is said to have exhibited games at Amphipolis, in which ath. letiE contended.* A certamen athletarum' was also exhibited by Scaurus in B.C. 59; and, among the various games with which Julius Caesar gratified the people, we read of a contest of athletaj vi'hich lasted for three days, and which was exhibited in a temporary stadium in the Campus Martius.' Un- der the Roman emperors, and especially under Nero, who was passionately fond of the Grecian games,' the number of athletae increased greatly in Italy, Greece,' and Asia Minor; and many inscrip- tions respecting them have come down to us, which show that professional athletae were very numer- ous, and that they enjoyed several privileges. They formed at Rome a kind of corporation, and possess- ed a tabularium and a common hall — curia athleta- rum,^ in which they were accustomed to deliberate on all matters which had a reference to the inter- ests of the body. We find that they were called Herculanei, and also xystici, because they were ac- t. (AriBtot., II. A., vj., 17 ; ix., 2. — Oppian, Hal., i. — Adams Append., b. v.J^2. (Herod., viii., 47. — Paus., x., 9, ^ 1.) — 3 (Paus., vi., 7, j 1, i.)—i. (Liv., xxxix., 22.)— 6. (I.iy., ilv., 3Sl ^.■(,Val...Max., ii., 4, « 7.)— 7. (Suet., Jul, 39.)— S. (Tacit Ann., xiv.,'20.J— 9. (OreUi, Tnscrip., 2588.) "•■'■■ 111) ITHLETjE. customed to exercise, in winter, in i covered place called xystus ;'■ and that they hada president, who was called xystarchus, and also upxispn^. Those athletae who conquered in any of the great national festivals of the Greeks were called hieron- ica (icpovlicai), and received, as has been already remarked, the greatest honours and rewards. Such a conqueror was considered to confer honour upon the state to which he belonged ; he entered his na- tive city in triumph, through a breach made in the walls, for his reception, to intimate, says Plutarch, Ihat the state which possessed such a citizen had no occasion for walls." He usually passed through the walls in a chariot drawn by four white horses, and went along the principal street of the city to the temple of the guardian deity of the state, where hymns of victory were sung. Those games, which gave the conquerors the right of such an entrance into the city, were called iselsstici (from elceAav- vetv). This term was originally confined to the four great Grecian festivals, the Olympian, Isth- mian, Nemean, and Pythian ; but was afterward applied to other public games, as, for instance, to those instituted in Asia Minor.^ In the Greek states, the victors in these games not only obtained the greatest glory and respect, but also substantial rewards. They were generally relieved from the payment of taxes, and also enjoyed the first seat (TrpoeSpia) in all pubhc games and spectacles. Their statues were frequently erected at the cost of the state, in the most frequented part of the city^ as the market-place, the gymnasia, and the neigh- l)ourhood of the temples.* At Athens, according to a law of Solon, the conquerors in the Olympic games were rewarded with a prize of 500 drachmae ; and the conquerors in the Pythian, Nemean, and Isthmian, with one of 100 drachmae ;' and at Sparta they had the privilege of fighting near the person of the king.' The privileges of the athletae were preserved and increased by Augustus ;' and the fol- lowing emperors appear to have always treated them with considerable favour. Those who con- quered in the games called iselastici received, in the time of Trajan, a sum from the state, termed opso^ nia.' By a rescript of Diocletian and Maximian, those athletae who had obtained in the sacred games [sam certaminis, by which is probably meant the isehslici IwU) not less than three crowns, and had not bribed their antagonists to give them the victo- ry, enjoyed immunity from all taxes. ° The term athletae, though sometimes applied met- aphorically to other combatants, was properly lim- ited to tho?e who contended for the prize in the five following contests : 1. Running {dpo/zo;, cursus), which was divided into four different contests, namely, the araSiodpo/ioi, in which the race was the length. of the stadium; the dtavXodpo/io;, in which the stadium was traversed twice ; the ioTuxoSpS/ioc, which consisted of several lengths of the stadium, but the number of which is uncertain; and the ircXiToopo/io;, in which the runners wore armour. 2. Wrestling (Trd^j;, lucta). 3. Boxing {irvyjiij, pu- gilatus). 4. The pentathlum {Trivrad^ov), or, as the Romans called it, guinijuertitim. 5. The pancratium [^ayxpaTiov). Of all these an account is given in separate articles. Tliese contests were divided into two kinds : the severe (^apia, ^apvrepa) and the 'light {Kov^a, Kov^oTepa). Under the former were included wrestling, boxing, and the exercises of the pancratium, which consisted of wrestling and box- ing combined, and was also called pammachion.'" 1 (VitTQT., vi., 10.)— 2. (Suet., Ner., 25.— Plutarch,. Symp., r , 5, t 8.)-^3. (Plin., Ep, 119, 120.) — 4. (Paus., Ti.,.13, 1) 1 ; rii., 17, 4 3 )— 5. (Dioff. Laert., i., 55. — Plut., Sol., 23.) — 6. (Pint., ]^jc. 29.)— 7. (Suet.. <:ctav., 45.)— 8. (Plin., Ep., 119, lao. — Com] ill t! Vitcuv., ix., Praf.)— 9. (Cod. x., tit. 53.)^10. CPlato, Eath^d.. c. 3, p. 271.— PoUai, Onom., viii., 4.) ATIMIA. Great attention was paid to the training of the athlelffi. They were generally trained in the wo- XaZarpai, which, in the Grecian states, were dis- tinct places from the gymnasia, though they havn been frequently confounded by modern writers. Thus Pausanias informs us,' that near the gymna- sium at Olympia there were palaestrae for the' ath- lete ; and Plutarch expressly says' that the place in which the athletaj exercise is called a paljesi tra." Their exercises were superintended by the gymnasiarch {yviiyaampxvi), and their diet was reg- ulated by the aliptes (aAEt7rr;?f). {Vid. Aliptjs.) According to Pausanias,* the athlets did not an- ciently eat meat, but principally lived upon fresh cheese ;' and Diogenes Laertius' informs us that their original diet consisted of dried figSj' moist or new cheese,' and wheat.' The eating of meat' by the athletae is said, according to some writers,'?- to have been first introduced by Dromeus of Stympha^' lus, in Arcadia ; and, according to others, by the philosopher Pythagoras, or by an aliptes of that name." According to Galen," the athletas; wh" practised the severe exercises,'^ ate pork and a par- ticular kind of bread; and from a remark of Di- ogenes the Cynic," it would appear that in his time beef and pork formed the ordinary diet of the athle- tae. Beef is also mentioned by Plato" as the food of the athletae ; and a writer quoted by Athenseus" relates, that a Theban who lived upon goats' flesh became so strong that he was enabled to overcome all the athletae of his time. At the end of the exer- cises of each day, the athletae were obliged to take a certain quantity of food, which was usually called uvayKo-22. {nM^iaX SLUitai-, Damoit'.., Mid., c. 10.) ATRAC rVLIS. ATRAMENTUM. olies; from the public sacrifices, i.nd from the law courts ; or rendered him liable to immediate inipris- onment if lie was found in any of these places. It was either temporary or perpetual ; and : either ac- companied or not with confiscation of property. Partial an/iia only involved the forfeiture of some few rights, as, for instance, the right of plea'ding in court. Public debtors were suspended from their civic functions till Ihey discharged their debt to the Btate. People who had once become altogether iTtuoi wpre very seldom restored to their lost priv- ilegec. There is a locus classicus on the subject of an/ila in Andocides.' The converse term to urijiia was iiriTiiiia. VTI'NIA LEX. (Fid. Usucapio.) ATLAN'TES {arXavTcg), also called Telamones. Both these words are used, in a general sense, to signify anything which supports a burden, whether a man, an animal, or an inanimate object; but in, architectural language they were specifically ap- plied to designate those muscular figures which are sometimes fancifully used instead of modillions. to support the corona, or upper meraher of a cornice : " Nostri Telamones, Gr(Bci vero hos Atlantes vpcant" -says Vitruvius '^ The fable of Atlas,' who bore the globe upon his shoulders, and of whom Homer says, ''E;i;et 6e re Kiovag aiirbg liaKoi;, at yatuv re Kal ovpavbv u/juplc Ix"'"'"'' supplied an historical derivation for the name. They were distinguished from Caryatides, which are al- ways represented as female figures in an erect po- sition. They were also applied as ornaments to the sides of a vessel, having the appearance of supporting the oars; as in the ship of Hiero, described by Athenieus,* in which instance he represents them as being six cubits in height, and sustaining the triglyphs and cornice. Hence, too, tb.e terra Ccune to ' be used in irony (hot' uvrtiphaiv), to ridicule a person of veiy dimin- nti7e or deformed stature. " Nanum cujusdam Atlanta vocamus : ^thiopem cyanum ; pravam extartamque jtitellam Europcn," &c.* A representation of these figures is given in the •receding woodcut, , copied from the tcpidarium in, ho baths at Pompeii. , They are placed round the lides of the chamber, and support a cornice, upon which the vaulting of the roof rests, thus dividing the whole extent of the walls into a number of •mall compartments, the uses of which are explained in the description of tepidarium in the article Baths. , »ATRAC'TYLIS (irpaicTvTus), a species of thistle, r-alled by some the Distaff-Thistle, from its resem- 1. (De Myst., c. 73, "6, p. 35.)— 2. (Vitruv., vi., 10.)— 3. (Od., L, S3.)— 4. (v., 42.)— 5. (Jiiv., Sat., viii.. ,la.) . •J blance to a distaff (arpo/trof), for which its stain was often employed. It is not improbable, as Au ams thinks, tliat it was applied to several sorts of thistles, a tribe still very difficult to classify and distinguish. Ruellius and Hermolaus make it out to be the Cnicus sylvestris, but this opinion is re- jected by Matthiolus ; and that of Fuchsius, who held it to be the Carduus Benedictus, does not .seem less objectionable. Sprengel, in the first edition of his R. H. H., inclines to the Carlhamus . Canaius, and in the second to the C. Crcticus ; but in his edition of Dioscorides he proposes the Carlina lan- ata, L. StackhoHse hesitates about the Atractylis gummifera. The modern name in u"" among the Greeks is irpaKTvTii or aravpdyicaBi,. Sibthorp Ibund it in Southern Greece.' ATRAMENTUM, a term applicable to any blach colouring substance, for whatever purpose it may be used," like the /liXav of the Greeks." Therfc ,were, however, three principal kinds of atramen- tum : one called librarium or scriptorium (in Gre^k, ypa^iKov fiDiav), another called sutoriitm, the third tectorium. Atramentum librarium was what we call writing-ink.* Atramentum suiorium was used by shoemakers for dyeing leather.' This atramentum sutorium contained some poisonous ingredient, such as oil of vitriol; whence a person is said to die of atramentum sutorium, that is, of poison, as in Cicero,' Atramentum tectorium or pictorium was used by painters for some purposes, apparently' as a sort of varnish. The scholiast on Aristophanes' says that the courts, of justice, or iiKapTTJpia, in Athens were called each after some letter of the al- phabet : one alpha, another beta, a third gamma, and so on, and that against, the doors of each Smaa- rijpiov, the letter which belonged to it was written irv^fiiji 0a/i/iaTi, in "red ink." This "red ink,'" or " red dye," could not, of course, be called atramen- tum. Of the ink of the Greeks, however, nothing certain is known, except what may be gathered from the passage of Demosthenes above referred to, which will he noticed again helow. The ink of the Egyptians was evidently of a very superior kind, since its colour and brightness remain to this day in some specimens of papyri.' The initial charac- ters of the pages are often written in red ink." Ink among the Romans is .first found mentioned in the passages of Cicero and Plautus above referred , to. Pliny informs us how it was made. He says, " It was made of soot in various ways, with burned resin or pitch : and for this purpose," he adds, " they have built furnaces, which do not allow the smoke to escape. The kind most commended is, made in this way from pine-wood : It is mixed with soot from the furnaces or baths (that is, the hypocausts of the baths: md. Bath); and this they use aA volumina scribmda. Some also make, a kind of ink by boiling and straining the lees of wine," &c. With this account the, statements of Vitruvi- us" in the main agree,. The black matter emitted by the cuttlefish (sepia), and hence itself called sepia, was also used for atramentum." Aristotle, however, in treating of the cuttlefish," does not re- fer to the use of the matter (iJoAof ) which it emits, as ink." Pliny observes" that an infusion of worm- wood with ink preserves a manuscript from mice." 1. (Dioscor., ili., 37. — Theophrast., H. P., vi., 4 ; ix., 1.— Ail ams. Append., a. V. — Billerbeck, Flora Classica, p. 2I1.)^2 (Plaut., MostelL, I., iii., 102— Cic, Do Nat. Deoi., ii., 50.)— 3 (Demosth., irc/li St£0., 4 313, Bekk.)— 4. (Yid. Hor., Epist., II, i., 236.— Petron., Sat., c. 102.— Cic, ad Quint, fratr., ii., 15.)— 5. (Plin., H. N., xxiiT., I2.)->-6. (Ad Fam., ix., 81,)— 7. ,(PIin . H. N.j'xxxv., 10.),— 8. (Plut., v., 277.)— 9. (Britisli Miieeiun Egyptian Antiq., vol. ii., p. 267.) — 10. {Egypt. Antiq., ii 270 272.)— 11. (vii., 10, 197.)— 12. (Oic, De Nat. Deor., ii., 50.— Peraius, Sat., iii., 12, 13.— Auaonius, iv., 76.)— 13. (H. A.)— W (.Yid. ^lian, N. A., i., 34 !— 15 (II. N., xxvii., 7.)— 16. (Ftd Isidor., xjx., 17.) 121 ATRAMENTUM. On the whole, perhaps, it may be said that tho inks of the ancients were more durable than our own ; that they were thiclier and more unctuous, in substance and durability more resembling the inl{ now used by printers. An inkstand was discovered at Hercula- neum, containing ink as thick as oil, and still usa- ble for writing.' It would appear, also, that this gummy character of the ink, preventing it from running to the point ol the pen, was as much complained of by the an- lii.'nt Romans as it is by ourselves. Persius' rep- resents a foppish writer sitting down to compose ; but, as the ideas do not run freely, " Tunc querilur, crassvs calamo quod pendeat humor; Nigra quod infusa vanescat sepia lympka." They also added water, as we do sometimes, to thin it. Mr. Lane= remarks that the ink of the modern Egyptians " is very thick and gummy." From a phrase used by Demosthenes, it would appear as if the colouring ingredient was obtained by rubbing from some solid substance, perhaps much as we rub Indian ink. Demosthenes' is reproach- ing ./Eschines with his low origin, and says that, " when a youth, he was in a state of great want, as- sisted his father in his school, rubbed the ink (pre- pared the ink by rubbing, to jiiKav rpiSojv), washed down the forms, and swept the schoolroom," &c. It is probable that there were many ways of col- ouring ink, especially of different colours. Red ink (made of minium, vermilion) was used for writing the titles and beginnings of books,' so also was ink made of rubrica, " red ochre ;"' and because the headings of laws were written with rubrica, the word rubric came to be used for the civil law.' So Mum, a white or whited table, on which the prae- tors' edicts were written, was used in a similar way. A person devoting himself to album and rtt- brica was a person devoting himself to the law. {Y-,d. Album.) There was also a very expensive r>5d-ociloured ink, with which the emperor used to wiite his signature, but which any one else was by an edict' forbidden to use, excepting the sons or near relatives of the emperor, to whom the privilege was expressly granted. But if the emperor was under ago, his guardian used a green ink for writing his signature." On the banners of Crassus there were purple letters, ^olviku, ypa/i/iaTa. •" On pillars and monuments, letters of gold and silver, or letters covered with gilt and silver, were sometimes used, as appears from Cicero" and Suetonius." In wri- ting, also, this was done at a later period. Sueto- nius'" says, that of the poems which Nero recited at Rome, one part was written in gold (or gilt) let- ters {auras liitcris), and consecrated to Jupiter Cap- itolinus.'* This kind of illuminated writing was more practised afterward in religious compositions, which were considered as worthy to be written in letters of gold (as we say even now), and, there- fore, were actually written so. Something lilie what we call sympathetic ink, which is invisible till heat, or some preparation he applied, appears to have been not uncommon. So Ovid'' advises writing love-letters with fresh milk, which would be unread- able until the letters were sprinkled with coal-dust : "Tula quoque est, faUitque oculos e lacte recenti Littera: carbonis pulvcre tange; leges." Ausoni- us" gives the same direction (" Lacte incide notas ; arescens charta tenebit Semper inadspicuas; pro- ATRMM dentur scripta Junllis"). Pliny- suggests that th« milky sap contained in some plants might be used in the same way." An inkstand (atramenlarium, used only by later writers ; in Greek, fielavdoxo^) was either single oi double. The double inkstands were probably i'l. 1. (Winckelmaim, vol. ii., p. 127.) — 2. (Sat., iii., 12.)— 3. (Mod. Egyptians, ii., p. 288, smaller edit.) — 4. (jrtpi Xrati; i SIS.) — 5. (Ovid, Trist., i., 1, 7.)— 6. (Sidomus, vii., 12.) — 7. (Quintil., xii., 3.)— 8. (Cod. i., tit. 23, s. 6.)— 9. (Montfancon, PalBog., p. 3.)— 10. (Dion, xl., 18.)— II. (Verr., iv., 27.)— 12. (Aug., c. 7.)— 13. (Ner., o. 10.)— 14. (Compare Plin., vii., 32.) -n. (Art. Am., iii., 027, &c.) —16. (Eirist., xxiii., 21.) 122 tended to contain both black and red ink, mucn iii the modeVn fashion. They were also of various shapes, as, for example, round or hexagonal. They had covers to keep the dust from the ink. The pre- ceding cuts represent inkstands found at Pompeii. AT'RIUM, called av^ by the Greeks and by Virgil,' and also jxtaavTiiov, ^eptarv^ov, i^epiartfiov. • Two derivations of this word are given by the ancient writers. Festus and Varro refer it to the same origin : Ah AtricB populis, a guibus atriorum exempla desumpta fuerunt ;" but Servius, on the con- trary,' derives the term ab atro, propter fumum qui esse solebat in atriis ; a remark which explains the allusion of Juvenal,' Fumosos equitum cum dictaiore magistros, since it was customary among the lie mans to preserve the statues of their ancestors ii the atrium, which were blackened by the smoke o the fires kept there for the use of the household. Atrium is used in a distinctive as well as collect ive sense, to designate a particular part in the pri, vate houses of the Romans {vid. House), and als>; a class of public buildings, so called from their gen- eral resemblance in construction to the atrium of a private house. There is likewise a distinction be- tween atrium and area ; the former being an open area surrounded by a colonnade, while the latter had no such ornament attached to it. The atrium, moreover, was sometimes a building by itself, re- sembling, in some respects, the open basilica (vid. Basilica), but consisting of three sides. Such was the Atrium Publicum in the Capitol, which Livy in- forms us was struck with lightning B.C. 316.' It was at other times attached to some temple or other edifice, and in such case consisted of an open area and surrounding portico in front of the struc- ture, like that before the Church of St. Peter in the Vatican. Several of these buildings are mentioned by the ancient historians, two of which were dedicated to the same goddess, Libertas ; and hence a difficulty is sometimes felt in deciding which of the two is meant when the atrium Libertatis is spoken of The most celebrated, as well as the most ancient, was situated upon the Aventine Mount. Of this there is no doubt ; for it is enumerated by Victor, in his catalogue of the bii'dings contained in the xiii. Regie, which comprites the Mons Aventinus, on which there was an aedes Libertatis built and dedicated by the father of Gracchus,' to which the atrium was attached either at the same time or shortly afterward; for Livy also states'" that the hostages from Tarentum were confined in atrio Lib- ertatis, which must refer to the atrium on the Aven- 1. (xxvi., 8.) — 2. {Vid. Caneporius, de Atramentis cujusqm generis, Lond., 1660.)— 3. (Pollux, Onom., x., 14.)— 4. {.ain, iii., 354.)— 5. (Varro, de Ling. Lat., vi., 33.)— 6. (In Virg,, .Sn.! iii., 353.) — 7. (Sat., viii., 8.) — 8. (Liv., xxiv.,10.)— 9 (li». xxiv., 16.)— 10. (XXV., 7.) ATRIUM ATTHIS. niie, since meir escape was eflected by Ihe coirup- tion of the keepers of the temple {corruptis adituif duobus). In thu atiium tliere was a tabularium, where the legal 'ablets (tabulce) relating to the cen- sors were prese'ved.' The Gcrmanici milites were also stationed at the same spot in the time of Gal- ba,° as is apparent from a passage in Suetonius," in which he says that they arrived too late to prevent the murder, which was perpetrated in the Forum, in consequence of their having missed their way and gone uund about. This could not have hap- pened had they come from the other atrium Liber- tatis, which was close to the Forum Romanum. The examination of slaves, when accompanied by the torture, also took place, by a strange anomaly, in atrio Liberiatis,* which must also be referred, for several reasons, to the atrium on the Aventine. In- deed, when the atrium Libertatis is mentioned with- out any epithet to distinguish it, it may safely be considered that the more celebrated one upon the Aventine is meant. It was repaired, or, more prob- ably, rebuilt, by Asinius PoUio,* who also added to .1 magnificent library (biUiotheca'), which explains thu allusion of Ovid," " Nee me, quce docHs patuerunt prima libellis, Atria Liberias tangere passa sua est." Tlif) other atrium Libertatis is noticed by Ci- i-cro,' in which place the mention of the Basilica I'aulli in conjunction with the word /orwm (ut forum lax&remus et usque ad atrium lAbertatis expiicaremus), has perplexed the commentators, and induced the learned Nardini to pronounce the passage inexpli- cable.' He affirms that this instance is the only one to be found, among all the writers of antiquity, in which mention is made of an atrium Libertatis distinct from that on the Aventine ; and hence he Ls inclined to think that there was no other, and to alter the reading into o^rwm Minerva, which is mentioned by P. Victor as being in this (the eighth) rugion. But in this he was mistaken, as is made evident by the subjoined fragment from a plan of Rome, discovered since the time of Nardini, which was executed upon a marble pavement during the reigns of Septimius Severus and Caracalla, and is now preserved in the museum of the Capitol at Home, and termed la Pianta Capitolina. As the name is inscribed upon each of the buildings, no doubt can be felt as to their identity ; and the forum to which Cicero alludes must be the Forum Csesa- ris " for neither the writers of the Regiones, nor any of the ancient authors, ever mention a building of this kind in the Forum Romanum. The Forum of Caesar was situated in the rear of the edifices on O O O 0000,^000 qS OOOOODOOOOOOJ O O .'' ,?i' a o o - .b „ 00 BAS I LI' — ?..9..o 000 O' O O O O 00 "»' O the east side of the Roman Forum;" so that the atrium Libertatis would be exactly as represented upon the plan, behind the Basilica Mmilia, an eleva- tion of which is given in the article Basilica ; and, 1. (Liv., xliii., 16, where the word ascenderunt indicates that the atrium on the Aventine ia meant.) — 2. (Tac-'t , Hist., i., 3.) —3. (Galb., 20.)-^. (Cic, pro Mil., 22.) — 5 (Suet., Octav., M.) — 6. (Plin., H. N., vii., 30; xxv., 2.— I' dor., v., 4.)— 7. (Trial., ill., 1, 71.)— 8. (Ad Att., iv., 16.)— 9 ,Rom. Ant., v., 9.) —10. (Dion, xliri. — Suet., Jul., 26.— Plir H. N., xiivi., IS.) —11. (Nardini Kom. Ant., v., V.) although the name cf its founder is broken ufl, yet the open peristyles, without any surrounding wall, demonstrate what basilica was intended. Thus the passage of Cicero will be satisfactorily explained. In order to lay open the magnificent Basilica oi Paullus to the Forum of Caesar, he proposed to buy and pull down some buildings which obstructed (ho view, which would extend the small forum of Cae- sar usque ad Libertatis atrium, by doing w hich he no doubt intended to court the favour of CJactar, upon whose good-will he prides himself so much in the epistle. The dotted lines represent a crack in the marble. The senate was held in early times in atrio Pa- lata.' *ATT'AGEN {drTaj^v or arTuyai), the name of a bird mentioned by Aristotle, Aristophanes, Horace, and Martial. There have been various conjectures respecting it, some supposing it a pheasanl., some a partridge, and others a woodcock. This last opin- ion is probably the most correct, although Adams inclines to agree with Pennant, that the Attagen was the same with the Godwit, or Scolopax ego- cephala. Walpole,'' on the other hand, thinks it was the Tetrao Francolinus. A writer, quoted by Athenaeus," describes the Attagen as being a little larger than a partridge, having its back marked with numerous spots of a reddish colour. Hence the. name of this bird is humorously applied by Aris- tophanes* to the back of a runaway slave, scored by the lash. The same writer also informs us that the Attagen was highly esteemed by epicures." ♦ATTEL'EBUS {arTe?iA6os), generally taken for a species of Gnat, but referred by Stackhouse to the genus Attelebv,s, L., a class of insects that attack the leaves and most tender parts of plants.' ATTHIS lardig), a name given to any composi- tion which treated of the history of Attica.' This name seems to have been used because Attica was also called 'Arft'f.^ Pausanias' calls his first book 'Ar9(f avy-yf>a(j)^, liecause it treats chiefly of Atti- ca and Athens. The Atthides appear to have been not strictly historical ; but also geographical, top- ographical, mythological, and archaeological. By preserving the local history, legends, traditions, and antiquities, and thus drawing attention to the ancient standing and renown of the country, and connecting the present with the past, they tended to foster a strong national feeling. From what Dionysius says," it would appear that other (lis tricts had their local histories as well as Attica." The nature of the 'XTBldeg we know only from a few fragments and incidental notices. The most ancient writer of these compositions would appear, according to Pausanias," to have been Clitode- mus — KXeirodr/fiog or Kicidr//iog (^oKomi, ru. 'Adijvai- av eirtxortions of the Doric order. Thus Vitruvius may be reconciled with himself; foi he only speaks of the Atticurges as used in door- ways, where the square or Attic columns of Pliny would be admirably fitted for the upright jambs, whioh might be ornamented with a Corinthian cap- ital and an Attic base, the proportions and compo- nent parts of which are enumerated by Vitruvius.' The lowest he terms ■plinthus ; the one above that, torus inferior ; the next three divisions, scotia cum tui.i guadris ; and the highest, the torus superior. j^mmm .A.UC' no signifies generally " an increasing, an fnliancement," and hence the name is applied to a public sale of goods, at which persons bid against one another. The term auctio is general, and com- prehends the species bonorum emtio and scctio. As a species, auctio signifies a public sale of goods by the owner or his agent, or a sale of goods of a de- ceased person for the purpose of dividing the money among those entitled to it, which was called audio hehditaria.* The sale was sometimes conducted 1. (iii., 3.)-2. (H. N., ixicvi., 83.)— 3 {iu., 3.)— 4 (Cic, pro Cecin., 5.) 124 by an argentarius, or by a magister auctionia ; and the time, place, and conditions of sale wen) an- nounced either by a public notice {tabula, alburn, &c.) or by a crier {praco). The usual phrases to express the giving notice of a sale are auctionem proscribere, praiicare ; and to determine on a sale, auctimiem constituere. Thi; purchasers {emtores), when assembled, were some- times said ad tabulam adesse. The phrases signifying to bid are liceri, licitari, which was done eiihfii by word of mouth, or by such significant hints *.- are known to all people who have attended an auctinn. The property was said to be knocked down {addici) to the purchaser, who either entered into an en- gagement to pay the money to the argentarius or magister, or it was sometimes a condition of gale that there should be no delivery of the thing before payment.' {Vid. Actio.) An entry was made in the books of the argentarius of the sale and .the money due, and credit was given in the same books to the purchaser when he paid the money {expense pecunia lata, accepta relata). Thus the book of the argentarius might be used as evidence for the pur- chaser, both of his having made a purchase, and having paid for the thing purchased. If the money was not paid according to the conditions of sale, the argentarius could sue for it. The prseco or crier seems to have acted tlie part of the modern auctioneer, so far as calling out the biddings" and amusing the company. Slaves, when sold by auction, were placed on a s-tone or other-el- evated thing, and hence the phrase hoiao de lapide emtus. It was usual to put up a spear, hasta, in auctions, a symbol derived, it is said, from the an- cient practice of selling under a spear the booty ac- quired in war. By the auctio, the Quiritarian own- ership in the thing sold was transferred to the pur- chaser. {Vid. BoNOKUM EmtiOjSectio.) AUCTOR, a word which contains the same ele- ment as aug-eo, and signifies general! y one who en- larges, confirms, or gives to a thing its completenesa and efficient form. The numerous technical signi- fications of the word are derived from this general notion. As he who gives to a thing that which is necessary for its completeness, may in this sense be viewed as the chief actor or doer, the word auc- tor is also used in the sense of one who originates or proposes a thing ; but this cannot be viewed as its piimary meaning. Accordingly, the word auc- tor, when used in connexion with lex or senatus consultum, often means him who originates and proposes, as appears from numerous passages.' When a measure was approved by the senate before it was confirmed by the votes of the people, the senate were said auctores fieri, and this preliminary approval was called senatus auctm-itas.* In the pas- sage of .Livy,» there is an ambiguity in the use of the word, arising from the statement of tho prac- tice in Livy's time, and the circumstances of the peculiar case of the election of a king. The eflict of what Livy states as to the election of Numawas a reservation of a veto : " Si dignum crearitis, pa- tres auctores fient." The meaning, however, of the whole passage is clearly this : the patres gave per- mission to elect, and if the person elected should be approved by them, that was to be considered equivalent to their nomination. In the imperial time, auctoris often said of the emperor {princeps) who recommended anything ts the senate, and on which recommendation that body passed a senatus consultum." When the word auctor is applied to him who recommends, but does not originate a legislative l.-(Gaius, iv., 126.)— 2. (Cic, de Off., ii., 23.)— 3. (Liv., vi, 36,— Cic„ lira Doin.,,c. 30.)— 4. (Oio., Brut,, c. 1*.)— 4. (i , 17J - fi. (Gaius, i.. 30, 80.— Sueton. Vesp., ll.) : AUCTORITAS. .ACGUlt. aseasure, it is equivalent to suasor.^ Sometimes ooth auctor and suasor are used in tlie same sen- tence, and the meaning of eabii is Icept distinct.' Witli reference to dealings between individuals, "uotor has the sense of owner,' and is defined thus :* Auetor mens a quo jus in me transit. In this sense auolor is the a&Aet (venditor), as opposed to the buyer (enitor) : the person wlio joined the seller in a warranty, or as security, was called auctor ■seeun- dus, as opposed to the seller; or auclor primus.^ The jihrase a malo auctore cmere,' auctofem laudare^ Will tlius be intelligible. The testator, with respect to his heir, might be called auctor.' ■ Consistently with the me.unings of auctor as al- leady explained; the notion of consenting, appro- vmg, and giving validity to a measure affecting a person's status clearly appears in the following passage.' ■ Auetor is also used generally to express any per- son under whose authority any legal act isdone. In this sense, it means a tutor who is appointed to aid or advise a woman on account of the infirmity olher sex ■.'" it is also applied to a tutor whose bu^ siness it is to do or approve of certain acts on be- half of a ward (pitpi/ins). T he term auotores j uriS is equ i valent to j urisperi- ti;" and the law writers, or leaders of particular schools of laWj'were called scholTTig, the under part of the mouthpiece, often put for the mouthpiece itself; bX/ioi, pieces of wood or bone inserted in the Tpvir^iiara or openings, and pushed aside, or up and down, so as to narrow or extend the compass of the scale at pleasure ; i^oXfiiov, si milar to bA/io;, but inserted in the mouth- piece so as to lessen the power of the instrument when required : it is often confounded with oX/iog and yXuTTa. B6/ifof appears to have been the swne with oXfiof. according to Hesychius, it was also a kind of aiXoc- ^opBeia was not a part of the aiXoj, but a strap fastened at the back of the head, vnlh a hole in front fittmg to the mouthpiece. (Vid. Phoebeia.') For an account of the different sorts of ai?.oi, see Tiuia ; and for the character of flute mtisic, and its adaptation to the different modes, see MnsicA. AU'REUS. (Vid. Aheum.) AURI'GA. (Vid. CiRcva) ►AURIPIGMENTUM. (Vid. Arsenicum.) AURUM (xpvang), Gold. It is stated under Ar- oBRTUM, that as late as the commencement of the Peloponnesian war, the Athenians had no gold coin- Age. It would appear from a passage in the Anii- tfone,' that in the time of Sophocles gold was rare at Athens. Indeed, throughout the whole of Greece, though gold was by no means unknown, it appears '.1 have been obtained chiefly through the Greek cities 01 Asia Minor and the adjacent islands, which possessed it in abundance. The Homeric poems speak constantly of gold being laid up in treasuries, and used in large quantities lor the purpose of or- nament ; but this is sufficiently accounted for by the' fijct that Homer was an Asiatic Greek. The chief places from which the Greeks procured their gold were India, Arabia, Armenia, Colchis, and Troas. It was found mixed with the sands, of the Pactolus and other rivers. Greek Gold Money. — The time wlien gold was »i 1st coined at Athens is very uncertain. Aristoph- anes speaks in the Frogs (406 B.C.) of to iraivou XiJvaiov, " the new gold money,'" which he imme- diately afterivard calls irovripa x"-')^"!-"-' The scho- I. (Tacit., Ann., i., 10.— Suet., Octav., 52.— Dion, li., 20.)— 2. (320, 10.)— 3. (Dion, Ivi., 46.)— 4. (Orelli, Inscrip., 2366, 2368.)— 5. (Hesych. i.i vijcihus.— Pollux, Onom., iv., 67.— SrJ- mas., Plin. Exer., p. 130, a. 6. — Barbliolini, De Tibiis, p. G2.) — 6 IV,, 1U3S.)— 7 (v., 719.)— 8. (v.. 724.) AURUM. liast on this passage states that in tie piecodinj year the golden statues of Victory had been coined into money, and he quotes Hellanicus and Plulo- chorus as authorities lor this statement. It would appear from the language both of Aristophanes and the scholiast, and it is probable, from the circuin. stances of Athens at the time {it was the yeai before the battle of .iEgospotami), that this was a greatly debased gold coinage, struck to meet a par- ticular exigency. This matter is distinct from the general question respecting the Athenian gold coin- age, for the Attic money was proverbial, for its purity , and the grammarians, who state that Athens had a gold coinage at an early period, speak of it w very pure. There are other passages in Aristopha,- nes in which gold money is spoken of, hut in them he is referring to Persian money, which is known to have been imported into Athens betiue the Athe- nians had any gold coinage of their own ; and even this seems to have been a rarity.' Demosthenes always uses apyvplov for money, except when he is speaking of foreign gold- In the speech against Phormio, where he repeatedly uses the word xP"- aiov, we are expressly told what was the money he referred to, namely, 120 staters of Cyzicus.' Isoc- rates, who uses the word in the same way, speaks in one passage of buying gold money (xpvauveiv) in exchange for silver.' In many passages of the orators, gold money is expressly said to have been imported from Persia and Macedonia. If we loolt at the Athenian history, we find that the silver mines at Laurion were regarded as one of the greatest treasures possessed by the state i but uo such mention is made of gold. Thiicydides,' in enumerating the money in the Athenian treasury at the beginning of the Peloponnesian war, does no! mention gold ; and Xenophon speaks of the money of Athens in a manner which would lead us to sup- pose that it had no gold coinage in his time.' Tlie mines of Scaptehyle, in Thrace, were indeed worked' some years before this period,' but 1 he gold procured from them does not appear to have been coined, but to have been laid up in the treasury in the form of counters ((pffoldec''). Foreign gold coin was often brought into the treasury, as some of the allies paid their tribute in money of Cyzicus. The gold money thus introduced may have been allowed to circulate, while silver remained the current money of the state. The character of the Attic gold coins now in ex istence, and their small number (about a dozen), is a strong proof against the existence of a gold, cur- rency at Athens at an early period. There are three Attic staters in the British Museum, and one in the Hunterian Museum at Glasgow, which there is good reason to believe are genuine ; their weights agree exactly with the Attic standard. In the character of the impression, they bear a striking iv semblance to the old Attic silver ; but they difle- from it by the absence of the thick, bulky form, am. the high relief of the impression which is seen ir. the old silver of Athens, and in the old gold coins of other states. In thickness, volume, and llif depth of the die from which they were struck, lliey closely resemble the Macedonian coinage. Now, as upon the rise of the Macedonian empire, goli became plentiful in Greece, and was coined in laiga quantities by the Macedonian kings, it is not im- probable that Athens, like other Grecian states may have followed their example, and issued a goM coinage in imitation of her ancient silver. On the whole, it appears most probable that gold monej' 1. (Yid. Aristoph., Acham., v., 102, 108.— Equit., v., 470 — Av., v., 574.) — 2. (p. 914. — Compare his speech, lipH AaxplT., p. 935.) — 3, (Trapezit., p. 387.) -4. (ii.;13.)— 5 (Vectigal, iv., 10.)— 6. (T.iucyU., iv., 105.)— 7. (Uaoldi, fe scrip., vol. i., p. 145, 140.) A VKV M. AURUM COKUNARIUM. was not coined at Athens in the period between Pericles and Alexander the Great, if we except the solitary issue of debased gold in tlie year 407. A question similar to that just discussed arises with respect to other Greek states, which we know to have had a silver currency, but of which a few gold coins are found. This is the case with JEgina, Thebes, Argos, Carystus in Eubaa, Acarnania, and ^tolia. But of these coins, all except two bear evident marks, in their weight or workmanship, of belonging to a period not earlier than Alexander the Great. There is great reason, therefore, to believe that no gold coinage existed in Greece Proper before the time of that monarch. But from a very early period the Asiatic nation.?, and the Greek cities of Asia Minor and the adjacent islands, as well as Sicily and Cyrene, possessed a gold coinage, which was more or less current in Greece. Herodotus' says that the Lydians were the first who coined gold, and the stater of Crcesus appears to have been the earUest gold coin known to the Greeks. The Dane was a Persian coin. Staters of Gyzicus and Phoceea had a considerable currency in Greece. There was a gold coinage in Samos as early as the time of Polyorates." The islands tf Siphnus and Thasos, which possessed gold mines, appear to have had a gold coinage at an early period. In most of the coins of the Greek cities of Asia Minor the metal is very base. The Macedonian gold coinage came into circulation in Greece in the time of Philip, and continued in use till the subjection of Greece to the Romans. {Vid. Daeicus, Stater.) Roman Gold Money. — The standard gold coin of Rome was the aureus nummus, or denarius aure- us, which, according to Pliny," was first coined 62 years after the first silver coinage (vid. Argentum), that is, in the year 307 B.C. The lowest denomi- nation was the scrupulum, which was made equal to SO sestertii. The weight of the scrupulum, as determined by Mr. Hussey,* was 1806 grs. In the British, Museum there are gold coins of one, two, three, and four scrupula, the weights of which are 17-2, 34-5, 51-8, and 689 grains respectively. They bear a head of Mars on one side, and on the other an eagle standing on a thunderbolt, and beneath the inscription " Roma." The first has the mark XX (20 sestertii) ; the second, xxxx (40 sestertii) : the third, ^i-x (60 sestertii). Of the last we sub- join an engraving : Pliny adds; that afterward aurei were coined of 40 to the pound, which weight was diminished, till, imder Nero (the reading of this word is doubtful), they were 45 to the pound. This change is sup- posed, from an examination of extant specimens, to have been made in the time of Julius Caesar. The estimated full weight of the aurei of 40 to the pound is 1301 grains ; of those of 45 to the pound, 115 64 grains. No specimens exist which come up tDthe 1301 grains; the heaviest known is one of Pompey, which weighs 128-2 grains. The average of the gold coins of Julius CsEsar is fixed by Le- tronne at 125-66 grains, those of Nero, 115-39 grains. Though the weight of the aureus was diminished, its proportion to the weight of the de- narius remained about the same, namely, as 2 : 1 for rather, perhaps, as 21 :,1).- Therefore, since the standard weight of the denarius, under the 1. (i., 94.)— 2. (Herod., iii., 86.)— 3. (H. N., Mxiii., 1.1.)— 4 !A.nci(int Weights and Money.) K early emperors, was 60 grains, that of the a urciis should be 120. The average weight of the aurei of Augustus, in the British Museum, is 121-20 grains : and as the weight was afterward dimin- ished, we may take the average at 120 grains. There seems to have been no intentional alloy in the Roman gold coins, but they generally contained a small portion of native silver. The average allo.v The aureus of the Roman emperors, therefore, contained ^-fJ=-4 of a grain of alloy, and, there- fore, 119-6 grains of pure gold. Now a sovereign contains 113- 12 grains of pure gold. Therefore the value of the aureus in terms of the sovereign is fl|:3%=l-0564=U. Is. Id. and a little more than a halfpenny. This is its value according to the present worth of gold ; but its current value in Rome was different from this, on account of the difference in the worth of the metal. The aureus passed for 25 denarii ; therefore, the denarius being Sid., it was worth 17s. Sid. The ratio of the value of gold to that of silver is given in the arti- cle Aeoentum. The following cut represents an aureus of Au- gustus in the British Museum, which weighs 12' grains : Alexander Severus coined pieces of one half anu one third of the aureus, called sewissis and tremis- sis,^ after which time the aureus was called solidua Constantino the Great coined anrei of 72 to the pound, at which standard the coin remained to the end of the Empire." AURUM CORONA'RIUM. When a general in a Roman province had obtained a victory, it was the custom for the cities in his own provinces, and for those from the neighbouring states, to send golden crowns to him, which were carried before him in his triumph at Rome.' This practice ap- pears to have been borrowed from the Greeks ; foi Chares relates, in his history of Alexander,* that after the conquest of Persia, crowns were sent to Alexander which amounted to the weight of 10,500 talents. The number of crowns which were sent to a Roman general was sometimes very great. Cn. Manlius had 200 crowns carried before him in the triumph which he obtained on account of his conquest of the Gauls in Asia.' In the time of Cicero, it appears to have been usual for the cities of the provinces, instead of sending crowns on oc- casion of a victory, to pay money, which was called aurum coronarium.^ This offering, which was at first voluntary, came to be regarded as a regular tribute, and seems to have been sometimes exacted by the governors of the provinces even when no victory had been gained. By a law of Julius Cae- sar,' it was provided that the aurum coronarium should not be given unless a triumph was decreed ; but under the emperors it was exacted on many other occasions, as, for instance, on the adoption ol Antoninus Pius." It continued to be collected, ap- parently as a part of the revenue, in the time of Valentinian and Theodosius.' 1. (Lamprid., Alex. Sev., c. 39.)— 2. (Cod. i., tit. 70, b. 5.— Hussey on Ancient Weights and Money. — Wunn, De Pond., &c.) — 3. (Liv., xirviii., 37 ; xxxix., 7.— Festns, s. v. Trium- phales Corona.)— 4. (ap. Athen., xii., p. 539, A.) — 5. (Liv^ xxxix., ".)- 6. (Cic, Leg. Agr., ii., 22.— Aul. Gell., v., 6.— Monum. Ancyr.)— 7. (Cic. in Pjs., c. 37.) — 8. (Capitolin., Anton Fins, e. 4.)— 9. (Cod. x., tit. 74.) 129 AUSPICIUM Servius says' that aurum coronaiium was a sum ofinoney exacted from conquered nations, in con- sideration of tlie lives of the citizens being spared ; but this statement does not appear to be correct. AURUM LUSTRA'LE was a tax imposed by Constantine, according to Zosimus,' upon all mer- chants and traders, which was payable at every lustrum, or every four years, and not at every five, as might have been expected from the original tength of the lustrum. This tax was also called juri el argenli collalio or prcestatio, and thus, in Greek, ^ avvriXeia i/ row XP^'^'PP'P"^' I' appears from an inscription in Gruter* that there was a dis- tinct ofiicer appointed to collect this tax {auri lus- tralis coactor). AUSPICIUM originally meant a sign from birds. The word is derived from avis, and the root spec. As the Roman religion was gradually extended by additions from Greece and Etruria, the meaning of the word was widened, so as to include any super- natural sigu. The chief difference between auspi- eium and augurium seems to have been, that the latter term is never applied to the spectio of the magistrate. (Yid. Auguk.) Whoever has thought on this part of the Roman religion cannot but feel astonished at its exceeding simplicity. The rudest observations on the instinct of birds, such as the country people make in all ages, were the foundation of the Roman belief. The system outlived the age for which it was adapted and in which it arose. Its duration may be attributed to its convenience as a political in- strument : at length, as learning and civilization in- oreased, it ceased to be regarded in any other light. Yet, simple as the system appears, of its innu- merable details only a faint outline can be given." Birds were divided into two classes, oscines and prapeles ; the former gave omens by singing, the latter by their flight and the motion of their wings. Every motion of every bird had a different mean- ing, according to the different circumstances or times of the year when it was observed. Many signs were supposed to be so obvious, that any, not wfaded by fate, might understand them ; and much was not reducible to any rule, the meaning of which eould only be detected by the discrimination of au- gurs. Another division of birds was into dextrte and titustra, about the meaning of which some difficulty has arisen, from a confusion of Greek and Roman notions in the writings of the classics. The Greeks and Romans were generally agreed that auspicious signs came from the east ; but as the Greek priest turned his face to the north, the east was on his right hand ; the Roman augur, with his face to the south, had the east on his left. The confusion was tarther increased by the euphemisms common to both nations ; and the rule itself was not universal, at least with the Romans : the jay when it appeared on the left, the crow on the right, being thought to give sure omens.' The auspices were taken before a marriage,' be- fore entering on an expedition,' before the passing of laws or election of magiotrates, or any other im- portant occasion, whether public or private. Can- didates for public offices used to sleep without the walls on the night before the election, that they might take the auspices before daylight. In early times, such was the importance attached to them, that a soldier was released from the military oath if the auspices had not been duly performed. AUSPICIUM. The commander-in-chief of an army received Km auspices, together with the imperium, and a war was therefore said to be carried on ductu et auspicia imperatoris, even if he were absent from the array ; and thus, if the legatus gained a victory in the absence of his commander, the latter, and not his deputy, was honoured by a triumph. The ordinary manner of taking the auspiics wa« as follows : The augur went out before the dawa of day, and, sitting in an open place, with his head veiled, marked out with a wand (lituus) the divis. ions of the heavens. Next he declared, in a sol- emn form of words, the limits assigned, making shrubs or trees, called tesqua,'- his boundary on earth correspondent to that in the sky. The templum augurale, which appears to have included both, was divided into four parts : those to the east ansl west were termed sinistral and dextras ; to the north and south, antictB and posticce. (Vid. Agrimensores 1 If a breath of air disturbed the calmness of the heavens {si silentium non essei'), the auspices could not be taken, and, according to Plutaroh,= it was for this reason the augurs carried lanterns open to the wind. After sacrificing, the augur offered a prayei for the desired signs to appear, repeating, after an inferior minister, a set form : unless the first ap- pearances were confirmed by subsequent ones, they were insufficient. If, in returning home, the augnr came to a running stream, he again repeated a prayer, and purified himself in its waters ; other- wise the auspices were held to be null. Another method of taking the auspices, mors usual on military expeditions, was from the feeding of birds confined in a cage, and committed to the care of the pullarius. An ancient decree of the col- lege of augurs allowed the auspices to be taker, from any bird.* When all around seemed favour- able (silentio facto, h. e. quod omni mtio caret), either at dawn' or in the evening, the pullarius opened the cage, and threw to the chickens pulse, or a kind of soft cake. If they refused to come out,' or to eat, or uttered a cry {occinerent), or beat their wings, or flew^ away, the signs were considered unfavour- able, and the engagement was delayed. On the contrary, if they ate greedily, so that something fell and struck the earth {tripadium solistimum,'' tripa- Hum quasi tcrripavium, solistimum, from solum, the latter part of the word probably from the root of sti- mulo), it was held a favourable sign. Two.othei kinds of tripudia are mentioned by Festus, the tri- pudium oscinum, from the cry of birds, and sonivium, from the sound of the pulse falling to the ground.' The place where the auspices were taken, called auguraculum, augurale, or auguratorium, was open to the heavens : one of the most ancient of these was on the Palatine Hill, the regular station for the observations of augurs. Sometimes the auspices were taken in the Capitol, or in the pomoerium. Ir the camp, a place was set apart to the right of thr general's lent.' On other occasions, when the auspices were taken without the walls, the aagui pitched a tent after a solemn form : if he repassed the pomoerium without taking the auspices, it waa necessary that the tent should be taken down anc dedicated anew." The lex .^Elia and Fufia provided that no assem- blies of the people should be held, nisi prius de cole seroatum esset." It appears to have confirmed to the magistrates the power of obnunciatio, or of inter- posing a veto. ( Vid. Augub.) Auspicia were said to be elivia, prohibitory, imfe- 1. (Ill Virg., jEn:,viii.,V21.)— 2. (ii., 38.)— 3. (Cod. 11, tit. 1. —Cod. Theodas., 1.1, tit. 1.)— 4. (p. 347, n. 4.)— 5. {Vid. Niphus, De Auguriis — Balensrre, De Aug:. — Dempster, Antiq. Rom., lib. ui.;— 6. (Hor., Od., III., ixvii., 11-16.— Ep., I., vii., 53.— Virg., iEB.,ii.,6»3.— Ecloff., ix., 15.— Persius, Sat., v., 114.)— 7. (Cic, D»DiT., '., 11.)— a '"lut Marc. Crass.) Tin 1. (Varro, De Linf. Lat., vi., 4.)— 2. (Cic, De Div., li., 34-1 —3. (QuiESt. Rom.)— 4. (Cic, De Div., ii., 34.)— 5. (Lir., !■■ 40.)— a. (Val. Max., i., 4 )— 7. (Cic, De Div., ii., 34.)-- 8. (Gic, Ep. ad Fam., vi., 6. — Serv. in .^n., iii., 90 -, " Tremere omaic visa reoentp.")— '.I. (Tacit., Ann., ii., 13.)— 10. (Val. Max.. i.. '-■' — U. (Cic, Pro Sextio, c 17.— Pr. Vf l , c. 9.1 AUTONOMI. BACUAK. "ratha jr impetrica, obtained by prayer, opposed to iblalim, spontaneous ; majora those of the higher, minora of the inferior magistrates ; coacta, when the ;hickens were starved by the pullarius into giving avouiable signs ;' a acummibus, from the bright- Rose. Aliier., c. 46.)— 11. (J.amprid., Ileliogab., 19; •ut the reading- is doubtful.)— 12. (p. 318.)— 13. (Lexiph., 8.)— '.4. fCaaaubon" Animadv. in Athen., iii., 20.) — 15. (Leg. Att., ■i74.)— IB. (Att. Prcjcse, 36= ) — 17. (jEsch. in Ctos., 106, Tayl.— Lycurff., c Leocrat.) the Greeks to those states which were goi cjnea bj their own laws, and were not subject to any foreign power.' This name was also given to those cities .subject to the Romans, which were permitted to enjoy their own laws, and elect their own magis- trates ( Omnes, suis legibus et judiciis usa aiirovo- fiiav adeplce, revixerunt'). "Iliis permissiOR was re- garded as a great privilege and mark of honour j and we accordingly find it recorded on coins and medals, as, for instance, on those of Antioch, AN- TIOXEQN MHTPOnOA. ATTONOMOT ; on those of Hahcamassus, aAIKAPNACCEHN ATTONO- MflN, and on those of many other cities.' ATTOTEAHS AIKH. (Fid. Dike.) AUXILIA'RES. (Vid. Soon.) AXAMEN'TA. (Vid. Salii.) AXI'NE (a^ivri). {Vid. Secueis.) AX'ONES (ufovEf ) were wooden tablets ci a square or pyramidal form, made to turn on an axis, on which were written the laws of Solon. They were at first preserved in the Acropolis, but were afterward placed, through the advice of Ephialtes, in the .4gora, in order that all persons might be able to read them.* According to Aristotle,' they were the same as the KvpBpei;. A small portion of them was preserved in the time of Plutarch (I. c.) in the Prytaneum." B. BABYLO'NICUM, a Babylonian shawl. Thf splendid productions of the Babylonian looms, which appear, even as early as the days of Joshua, to have excited universal admiration,' were, like the shawls of modern Persia, adorned both with gold and with variously coloured figures. Hence Publius Syrus' compares a peacock's train to a figured Babyloni cum, enriched with gold {plumato aureo Babylomco). Lucretius' and Martial" celebrate the magnificence of these textures, and Phny" mentions the enor- mous prices of some which were intended to serve aa furniture for triclinia (tricliniaria Babylonica). Nev- ertheless, Plutarch informs us, in his life of the elder Cato, that when one of these precious shawls (etti ■ 6A)?/ia Tuv TromiXav 'BaSvXuviKov) was bequeathe.! to him, he immediately gave it away. ( Vid. Pal- lium, Peeistkoma, Steagulum.) BACCA. (Vid. Inaueis, Monile.) *BACCAR or BACG'ARIS (panxapig), a plant. " Even in ancient times," remarks Adams,." it was a matter of dispute what this was. Galen says that the term had been applied both to an herb and a Lydian ointment. Of modern authorities, some have supposed it to he Clary, some Fox-glme, and some Avena, or Bennet ; but all these opinions are utterly at variance with its characters as given by Dioscorides." Dr. Martyn remarks that many hold it to be spikenard, but he is rather incMned to iden- tify it with the Conyza of the ancients." Matthio- lus, in like manner, and Bauhin, point totlie Conj^- za squarrosa, L. ; which I think the most 'probable conjecture that has been formisd 'respecting it. though it does not satisfy Sprengel. Dierbach, however, contends for its being the Gnapkulium sanguineum, or Bloody Cudweed. Sprengel r..iake3 the ' Baccar' of Virgil" to have been the Valeriana Celtica, Celtic Valerian."" A species of aromatic oil or unguent was made out of the root of the Baccar, called jiaKxdpivov fivpov. 1. (Thucyd., v., 18, 27.— Xen., Hellen., v., 1, 4 31.) -2. (Cic, ad Att., vi., 2.)— 3. (Spanh., De PrBest. et Usu Numism., i>. 789,Amst., 1671.)— 4. (Plut., Sol., 35.— Schol. in Aristoph, At-, 1360 ; and the authorities quoted in Petit., Leg. Att., p. 178, and Wachsmuth, i., 1, p. 266.)— 5. (ap. Plut., Sol., 25.)— 8. (Compare Paus., i., 18, « 3.)— 7. (Josh., vii., 21.)— 8. (ap.Pe- tTon., c. 55.)— 9. (iv., 1023.)— 10. (viii., 28.)— 11. (viii., 74.)- 12. (iii., 44.)— 13. (inVirg., Eelog., iv., 19.)— 14. (Virg., 1. c.)— 15. (Adams, Append., s. V BiUeriinck, Flora Classics, p. 215.: 131 JJAKTERIA. HALLO'Xt;. 1»ACCHANA'LIA. (T7d. Dionysu.; BAC'ULUS, dm. BACIIXUS, BACII.LUM (/3u/£- tpov, anijTrTpov), a staff, a walking-stick. The aid afforded by the ^aKTpov to the steps of the aged is recognised in the celebrated enigma of the Sphinx, which was solved by CEdipus.' In his old age, CEdipus himself is represented asking his daughter for the same support : Bu/trpo npba(j>ep', u riiaiov.'^ When, in Ovid's MetaraorphoseSj certain of the gods (viz., Minerva^ and Vertumnus*) as- sume the garb of old women, they take the baoulus to lean upon; On the other hand, an old man in Juvenal,' describing himself as still hale and vig- orous, says that he walked without a stick (nu/Zo dextram subeunte bacillo). If the loss of sight was added to infirmity, the Btaff was requisite for direction as well as for sup- port. To the blind seer Tiresias one was given, which served him instead of eyes (jieya ^aKTpov,' oK^nrpov''). Homer represents him as carrying it even in Erebus.' A.dutifuland affectionate daughter is figuratively called the staff of her aged parents. Thus Hecuba describes Polyxena (ySafcrpow'), and the same beau- tiful metaphor is applied to Antigone and Ismene, the daughters of CEdipus (tr/t^irrpu"). The staff and wallet were frequently borne by philosophers, and were more especially characteris- tic of the Cynics. {Vid. Peea.) The shepherds also used a straight staff as well as a crook. The annexed woodcut, taken from a gem in the Florentine cabinet, shows the attire of a Roman shepherd in the character of Faustulus, who is contemplating the she^wolf with Romulus and Remus. It illustrates Avhat Ovid" says of himself >n his exile : , -' yse velim baculo pascere nixus oves." Among the gods, .iEsculapius," Janus," and oc- casionally Somnus," were represented as old men leaning on a staff. It appears that the kings of Sparta carried a trun- cheon (JiaKTvpia) as the ensign of their authority." On the occasion of one of them lifting it up in a threatening attitude, Themistocles returned the cel- ebrated answer, "Strike, but hear." In reference to this custom, the truncheon (baculus) was carried in the hand by actors on the Roman stage." The dicasts at Athens received, at the time of their ap- pointment, a PaKT7]pia and av/ji66^ov as a mark of their authority." Crooked sticks were tarried by men of fashion at Athens {^aKnjpiai tciv okoThCiv ck AaKedatftovog^'). As baculus was a general term, its application in rarious specific senses is farther explained under LiTuns, Pedum, Sceptrdm, Virga. BAKTE'RIA (/Saxnypja). {Vid. Baoulus.) 1. (ApollodoT., iii., 5.^-Schol. in Eurip., Phren., 50.) — 2. (Eu- rip., Phren., 1742.— Compare 1560.)— 3. (iri., 27.)— J. {xiy. OSS.)— 5. {Sat., iii., 27.)— 6. (Callim., Lav. Pall., 127.)— 7. (ApoUodor., iii., 6.)-^. (Od., xi., 91.)— 9. (Eurip., Hec, 278.)— 10. (Soph., (Ed. Col., 844, 1105.)— II. (De Ponto, i., 8;)— 12. (Otid, Met., IV., 655.)^13. (East., i., 177.)— 14. (Bas-relief in Villa Albani.)— 15 (Thuoyd., viii., 84.— Duker in loo.) — 16. (Suet., Ner., 24.)— 17. (Demosth., De Cor., p. 298.— Taylor in Icjc.)— 18. (Theo3btsst., Clrar., 5.) 132 B^BIA ^MILTA LEX. (Fjci. Ambitus.^ *BAL^'NA ((jiaaiva), the Whal«;. Afler the conquest of Britain by the Romans, it is not im. probable that they may have acquired some knowl. edge of the Balanamysticetui, or Great Greenland Whale, and, that it may be the BaZisBa of Britain to which Juvenal' alludes The ancients were also acquainted with the BalanaPhy solus, the Gibbar or fin-fish. ( Vid. Physalos.) There can be no doubt, however, that the ^oKaiva of Aristotle, and ^Elian. as well as of Xenocrates and Galen, was the, PKy. seter microps, L., the Cachalot or Spermaceti whale." *BAL'ANUS (jidlavoi). I. A crustaceous fioh described by Aristotle and Xenocrates,. and which, according to Coray, is, the Lepas Balanus, L., called in English the Barnacle.^ II. (fiuXavog fivpe6i'ov dpuaaai.), seems to imply that the custom was pretty general. We have, indeed, the authori- ty of Xenophon' to prove that at Sparta banishment was the consequenceof involuntary homicide, though k;e does not tell us its duration. Moreover, not only was an actual murder pun- ished with banishment and confiscation, but also a Tpavi^a in irpovoiac, or wounding with intent to kill, though death might not ensue.' The same punish- ment was inflicted oc persons who rooted up the sacred olives at Athens,' and by the laws of Solon every one was liable to it who remained neuter dn ling political contentions.' fnder (jyuyrj, or banishment, as a general term, is comprehended ostracism : the difference between the two is correctly stated by Suidas, and the scho- liast on Aristophanes," if we are to understand by the former uci^vyia, or banishment for life. " ^vyri (say they) differs from ostracism, inasmuch as those who are banished lose their property by confisca- tion, whereas the ostracized do not ; the former, also, have no fixed place of abode, no time of return assigned, but the latter have." This ostracism is supposed by some" to have been instituted by Cleis- thenes after the expulsion of the Peisistratida? ; its nature and object are thus explained by Aristotle :'" " Democratical states (he observes) used to ostra- cize, and remove from the city for a definite time, those who appeared to be pre-eminent above their fellow-citizens, by reason of their wealth, the num- ber of their friends, or any other means of influ- ence." It is well known, and implied in the quota- lion just given, that ostracism was not a punish- ment for any crime, but rather a precautionary re- moval of those who possessed sufficient power in the state to excite either envy or fear. Thus Plu- 1. (o. Aris., 634.)— 2. (Demoslh., c. Aris., 634 and 044)— 3. (Demostti., c. Aris., 646.)-^. (Meursius, ad Lycophr., 282. — Eurip., Hipp., 37.— Sohol. in loc.)— 5. (Leg., ix., 865.)— 6. (An- nb,, ir., 8, ^ 15.) — 7. (Lysias, c. Simon., p. 100. — DemoBth., c. BoBot., 1018, 10.)— 8. (Lysias, 'YTrtjj Sjjicoli 'ArroAoyia, 1083.)— ». (Meier. Hist. Jaiis Att., p. 97. — Aul. Cell., ii., 12.)— 10. lEquit., 861.)- II. (jElian, V. H., liii., 23.— Diod. Sic, li., 55.) 12. fPolit., iii., 8.) tarch' says it w^as a good-natured way of allayiiiin envy {(^Bovov Trapa/^vdia (piXuvdpuircg) by the humili- ation of superior dignity and power. The mannei of effecting it was as follows : A space in the ayopa was enclosed by barriers, with ten entrances for the ten tribes. By these the tribesmen entered, each with his oarpaKov, or piece of tile, on which was written the name of the individual whom he wished to be ostracized. The nine arehons and the senate, i. c, the presidents of that body, superin- tended the proceedings, and the party who had tbf! greatest number of votes against him, supposing^ that this number amounted to 6000, was obliged to withdraw (^fteracTf/vai) from the city within ten days ; if the number of votes did not amount to 6000, nothing was done." Plutarch' differs from other authorities in stating that, for an expulsion ■ '■ 'liis sent, it was not necessary that the votes (jiven against any individual should amount to 6000, bui only that the sum total should not be less than that number. All, however, agree, that the party thus expelled (<5 iKKripvxBelc:) was not deprived of his property. The ostracism was also called the xepa- (jiKri /iucTi^, or earthenware scourge, from the ma- terial of the oarpaKov on which the names were written. Some of the most distinguished men at Athens were removed by ostracism, but recalled when the city found their services indispensable. Among these were Theraistocles, Aristeides, Cimon, and Alcibiades ; of the first of whom Thucydides' slate.= that his residence during ostracism was at Argos, though he was not confined to that city, but visit- ed other parts of Peloponnesus. The last person against whom it was used at Athens was Hyperbo- lus, a demagogue of low birth and character ; but the Athenians thought their own dignity compro- mised, and ostracism degraded by such an applica- tion of it, and accordingly discontinued the prac- tice.' Ostracism prevailed in other democratical states as well as Athens ; namely, Argos, Miletus, and Me- gara : it was by some, indeed, considered to be a necessary, or, at any rate, a useful precaulion for ensuring equality among the citizens of a state. But it soon became mischievous ; for, as Aristotle' re- marks, " Men did not look to the interests of the community, bi;t used ostracisms for party purposes" {arantuGTiKug). From the ostracism of Athens was copied the petalism (ireTokiaftoi) of the Syracusans, so called from the viraXa, or leaves of the olive, on which was written the name of the person whom they wished to remove from the city. The removal, however, was only for five years ; a sufficient time, as they thought, to humble the pride and hopes of the exile. But petalism did not last long; for the fear of this " humbling" deterred the best qualified among the citizens from taking any part in public affairs, and the degeneracy and bad government which followed soon led to a repeal of the law, B.O 452.' In connexion with petalism, it may be remarked, that if any one were falsely registered in a demus or ward at Athens, his expulsion was called f/f^i;' ?i,oij)opia, from the votes being given by leaves.' The reader of Greek history will remember that, besides those exiled by law, or ostracized, there was frequently a great number of political exiles in Greece ; men who, having distinguished themselves as the leaders of one party, w-ere expelled, or obli- 1. (Peric.,c. 10.)— 2. (SchoLinArist.,Equit.,865.)— 3. (Arist., 0. 7.)— 4. (i., 135.)— 5. (Plut., Arist., c. 7.— Thuoyd., viii,73.) —6. (Polit., iii., 8.)— 7. (Diod. Sic., xi., c. 87.— Niebuhr, Hist Rom., i., 504, transl.)— 8. (Meier, Hist. Juris Att., 83.— Lviiai c. Nicom., 844.) 135 BANISHMENT. ged to remove from their native city when the op- posite faction became predominant. They are spo- ken of as oi this form : that a Roman who became a citizen oi another state thereby ceased to be a Roman citizen It must not be forgotten, that irl the oration Pro Ca cina, it is one of Cicero's objects to prove that hi» client had the rights of a Roman citizen ; and in the oration Pro Domo, to prove that he himself hiiil not been an exsul, though he was interdicted from fire and water within 400 miles of Rome.'" Now; 1. (Off., iii., 31.)- 2. (inpian, Dig. 48, tit. 13, s. 3 ; tit. 19, « 2.)— 3. (Gaius, i., 128.)— 4. (Cod. 5, tit 1«, s.24; tit. 17, s. l.-^ Compare Gaius, i., 128, with the Institutes, i., tit. IS, in rfhicl the deportatio stands in the place of the aquas et i(fnisinierdictif of Gains.) — 5. (Pro Cajcin., c. 34.) — 6. (c. 16, 17.) -.7. (Prt Domo, c. 29.) — 8. (c. .94.) — 9. (o. 11.) — 10 (Oic, a which the person came ; with respect to his own state, which he left, he was exsul, and his condition W£is exsilium : with respect to the state which he entered, he was inguilirms ; and at Rome he might attach himself {applicare se) to a quasi-patronus, a relationship which gave rise to questions involving the jus applicationis. The word inquilinus appears, by its termination inus, to denote a person who was one of a class, like the word libertinus. The prefix in appears to be the correlative of ex in cxsul, and the remaining part quil is probably related to col, in incola and colonus. The sentence of aquae et ignis, to which Cicero adds^ tecti interdictio, was equivalent to the depri- vation of the chief necessaries of life, and its effect was to incapacitate a person from exercising the rights of a citizen within the limits which the sen- tence comprised. Supposing it to be true, that no Roman citizen could, in direct terms, be deprived of his civitas, it requires but little knowledge of the history of Roman jurisprudence to perceive that a way would readily be discovered of doing that in- directly which could not be done directly ; and such, in fact, was the aqua3 et ignis interdictio. The meaning of the sentence of aquae et ignis in- terdictio is clear when we consider the symbolical meaning of the aqua et ignis. The bride, on the day of her marriage, was received by her husband with fire and water,' which were symbolical of his taking her under his protection and sustentation. Varro' gives a different explanation of the symboli- cal meaning of aqua et ignis in the marriage cere- mony : Aqua et ignis (according to the expression of Festus) suni duo elcvienta quce humanam vitam maximc continent. The sentence of interdict was either pronounced in a judicium, or it was the sub- ject of a lex. The punishment was inflicted for various crimes, as vis publica, peaulatus, veneficium, &.C. The Lex Julia de vi publica et privata applied, iimong other cases, to any person qui receperit, cela- verit, tenuerit, the interdicted person ;* and there was a clause to this effect in the lex of Clodius, by which Cicero was banished. The sentence of the interdict, which in the time Df the Antonines was accompanied with the loss of citizenship, could hardly have had any other effect in the time of Cicero. It may be true that exsihum, that is, the change of solum or ground, was not in direct terms included in the sentence of aqua et ignis interdictio : the person might stay if he liked, and submit to the penalty of being an outcast, and being incapacitated from doing any legal act. In- deed, it is not easy to conceive that banishment can exist in any state, except such state has distant possessions of its own to which the offender can be 1. (Pro Cacina, c. 34.)— 2. (c. 17.)— 3. (Pro Domo, c. 30.)— 4. (Dig. 24, tit. l,s. 66.)— 5. (Db (.in?. Lat., iy.)— 6. (Paulus, Sent, fteoipt., oJ Schuting.) S sent. Thus banishment, as a penalty, did not exist in the old English law. When isopolitical relations existed between Rome and another state, exsilium might be the privilege of an offender. Cicero might then truly say that exsilium was not a pun- ishment, but a mode of evading punishment ;- and this is quite consistent with the interdict being a punishment, and having for its object the exsihum. According to Niebuhr, the interdict was intendeu to prevent a person who had become an exsul from returning to Rome and resuming his citizenship ; and the interdict was taken off when an exsul v.;as recalled: an opinion in direct contradiction to all the testimony of antiquity. Farthei', Niebuhr as • serts that they who settled in an unprivilegedpiace (one that was not in an isopolitical connexion with Rome) needed a decree of the people, declaring that their settlement should operate as, a legal ex- silium. And this assertion is supported by a single passage in Livy," from which it appears that it was declared by a plebiscitum, that C. Fabius, by goins: into exile (exulatwm) to Tarquinii, which was a mu- nicipium,^ was legally in exile. Niebuhr asserts that Cicero had not lost his fran-' chise by the interdict, but Cicero says that tht consequence of such an interdict was the loss ol caput. And the groimd on which he mainly at- tempted to support his ease was, that the lex by which he was interdicted was in fact no lex; but a proceeding altogether irregular. Farther, the inter- dict did pass against Cicero, but was not taken off when he was recalled. It is impossible to caution the reader too much against adopting imphcitly any thing that ia stated- in the orations Pro Cecina, Pro Balbo, and Pro Domo ; and, indeed, anywhere else, when Cicero has a case to support. BAPHI'XJM (fiafuov, tjiap/^iaicmv), an establish- ment for dyeing cloth, a dyehouse-. An apparatus for weaving cloth, and adapting it to all the purposes of life, being part of every Greek and Roman household, it was a matter of necessity that, the Roman government should have its own institutions for similar uses ; and the immense quantity of cloth required, both for the army and for all the officers of the court, made it indispensable that these institutions should be conducted on- a large scale, They were erected in various parts of the empire, .according to the previous habits of the people employed and the facilities for carrying on their toperations. Tarentum, having been celebra ted during many centuries for the fineness and beauty of its woollen manufactures, was selected as one of the most suitable places for an imperial baphium.' Traces of this establishment are still apparent in a vast accumulation near Taranto, called " Monte Testaceo," and consisting of the shells of the Murex, the animal which afforded the purple dye. A passage in ^Ehus Lampridius* shows that these great dyehouses must have existed as early as the second century. It is stated that a certain kind ol purple, commonly called " Probiana,?' because Pro- bus, the superintendent of the dyehouses (baphiis propositus), had invented it, was afterward called " Alexandrina," on account of the preference given to it by the Emperor Alexander Severus. Besides the officer mentioned in this passage, who probably had the general oversight of all the imperial baphia, it appears that there were persons called procura- tors, who were intrusted with the direction of them in the several cities where they were es tablished. Thus the Noiitia Digmtatum utriusqu„ Imperii, compiled about A.D. 426, mentions the 1. (Pro CKCina.)— 2. (xxvi., 3.)— 3. (Pro CiEcina, o. 4.)— 4 (Compare Herat., Ep., II., ii., 207, witli Servvus in Virg., Georf; iT., 335.)— 5. (Ale:t. Sev., c. 40.) 137 UARBA. * procaralor" of the dyehouses of Narbonne and Toulon. We learn f/om tne Codex Tlieodosiaiius that the dyehouses of Phoenice long retained their original puperiority, and that dyers were sent to them from other places to be instructed in their artJ' *BAPTES (/3u;rr)7f), a mineral ^mentioned by Pliny.' It is thought, from its description and its name, to have been amber, dyed or stained of some pthf r than its natural colour.^ H IVP nSTE'RIUM. ( Vid. Bath. ) BAR ATHRUiM. {Vid. Oeygma.) BARBA (Tcdyuv, yiveiov, iiTrnvr,^), the beard. The fashions which have prevailed at different times and in different countries with respect to the beard have been very various. The most refined modern nations regard the beard as an encumbrance, with- out beauty ur meaning ; but the ancients generally cultivated its growth and form with special atten- tion ; and that the Greeks vrere not behindhand in this, any more than in other arts, is sufficiently shown by the statues of their philosophers. The phrase nayuvoTpo(petv, which is applied to letting the beard grow, implies a positive culture. Gener- ally speaking, a thick beard, irayuv pa6v( or &aai(, was considered as a mark of manliness. The Greek philuiOphers were distinguished by their long beards as a sort of badge, and hence the term which Persiub* applies to Socrates, magisler harba- tus. The Homeric heroes were bearded men ; as Agamemnon, Ajax, Menelaus, Ulysses.* Accord- ing to Chrysippus, cited by Athenasus,' the Greeks wore the heard till the time of Alexander the Great, and he ad.".s that the first man who was shaven was called ever after Kopariv, " shaven" (from Keipa). Piutarch' says that the reason for the Bhaving wa:i that they might not be pulled by the beard in battle. The custom of shaving the beard continued among th? Greeks till the time of Justin- ian, and during t hat period even the statues of the philosophers were without the beard. The philoso- phers, however, generally continued the old badge of their profession, and their ostentation in so doing gave rise to the saying that a long beard does not \iike a philosopher (wayuvorpofia (iiTMao^ov ov iroul), and a man whose wisdom stopped with his beard was called ck ndyuvo^ ao^6g. So Aulus Gel- lius* says, " Video barbam et pallmm, pMlosophum novdum video." Horace' speaks of "feeding the philosophic beard.'"" The Romans, in early times, wore the beard uncut, as we learn from the insult offered by the Gaul to Marcus Papirius," and from Cicero ;" and, according to Varro" and Pliny," the Roman beards were not shaved tiUB.C. 300, when P. Ticinius Maena brought over a barber from Sicily ; and Pliny adds, that the first Roman who was shaved {rasus) every day was Scipio Africanus. His custom, however, was soon followed, and sha- ving became a regular thing. The lower orders, then as now, were not always able to do the same, and hence the jeers of Martial." In the later times of the Republic, there were many who shaved the beard only partially, and trimmed it so as to give it an ornamental form ; to them the terms bene bar- bati'-^ and barbatuh-'' are applied. When in mourn- ing, all the highei as well as the lower orders let their beards grow. In the general way in Rome at this time, a long hi;ard (JarAa promissa.") was considered a mark of 1 (H. N., XTxvii., 55.) — 2. (Moore's Anc. Mineral., p. 182.) — 8 (Alisioph., Lysist., m2.)—i. (Sat., iv., 1.)— 5. (ll.,ixii.,74 ; xlIv., 016.— Oil., xvi., 176.)— 6. (xiii., 565, ed. Casaub.)— 7. mies., c. 5.)— 8. (ix., 2.)— 9. (Sat., II., ii., 35.)— ID. (Compare Ouintil., xi., 1.)— 11. (Liv., v., 41.)— 12. (Pro Ctel., 14.)— 13. (De Re Itujt., ii., n. 11.)— 14. (vii., 59.)— 15. (vii.,95; xii.,59.) —10. (Cic, Catil., ii., 10.)— 17. (Cic, Ep. ad Att., i., 14, 18.— Pro Ccel., 14.)— 18. (Liv., iivii., 34.) 138 BARBA. slovenliness and squalor. The censors Lucius Ve turius and P. Licinius compelled Marcus Liviua, who had been banished, on his restoration to the city, to be shaved, and to lay aside his dirty appear- ance (tonderi ct .-iqualorem, deponere), and then, but not till then, to come into the senate, &o.' Tlis fii-st time of shaving was regarded as the beginning of manhood, and the day on which this took place was celebrated as a festival.^ There was no par. ticular time fixed for this to be done. Usually, however, it was done when the young Roman as- sumed the toga virilis.^ Augustus did it in his 24tb year, Caligula in his 20th. The hair cut off on such occasions was consecrated to some god. Thus Nero put his up in a gold box, set with pearls, and dedicated it to Jupiter Capitolinus.* So Statius' mentions a person who sent his hair as an offering' to ^sculapius Pergamenus, and requested Statius to write some dedicatory verses on the occasion He sent the hair with a box hct witli precious stones {cum gemmata pyxide) and a min'or. With the Emperor Hadrian the beard began to revive.' Plutarch says that the emperor wore it In hide some scars on his face. The practice after- ward became common, and till the time of Cori.- stantine the Great the emperors appear in busts and coins with beards. The Romans let their beards grow in time of mourning ; so Augustus did' for the death of Julius Csesar, and the time when he had it shaved off he made a season a! festivity." The Greeks, on the other hand, on such occasions, shaved the heard close.' Straho" says that the beards of the inhabitants of the CoS- siterides were like those of goats. Tacitus" says that the Catti let their hair and beard grow, and would not have them cut till they had slain an enemy. Barbers. The Greek name for a barber was Kovpeig, and the Latin tensor. The term employed in modern European languages is derived from the low Latin barbatorius, which is found in Petronius The barber of the ancients was a lar more impor taut personage than his modern representative Men had not often the necessary implements for the various operations of the toilet : combs, miirors, perfumes, and tools for clipping, cutting, shaving, &c. Accordingly, the whole process had to be performed at the barber's, and hence the great <'.on- course of people who daily gossiped at the tim- strina, or barber's shop. Besides the duties of a barber and hairdresser, strictly so called, the in- eient tonsor discharged other offices. He was also a nail-parer. He was, in fact, much what the English barber was when he extracted teeth, as well as cut and dressed hair. People who kept the necessary instruments for all the different opera- tions, generally had also slaves expressly for the purpose of performing them. The business of the barber was threefold. First, there was the cutting of hair : hence the barber's question, wuf ae Kcipu." For this purpose, he used various knives of different sizes and shapes, and degrees of sharpness : hence Lucian,'' in enumerating the apparatus of a barber's shop, mentions ttA^Soc /taxaipidUiv {fiaxaioa, iiaxai- pi;, Kovplg are used also, in Latin ti.'.ter) ; but scissors, ^a/./f, rff-Ar/ (tio;i;aipa'* (in Latii forfex,ax-' icia), were used too." Wixaipa was the usual word. (Bottiger, however, says that two knives were merely used, forming a kind of scissors. The 1. (Liv., xxvii., 34.)— 2. (Juv., Sat., iii., 186.)— 3. (Suet., Calig., 10.)— 4. (Suet., Ner., 12.)— 5. (Pruif. a«l Silv., iii.)— 6 (Dion, Ixviii., p. 1132, c. 15.)— 7. (Suet., Octav., c. 23.)— 8 (Dion, xlviii., 34. — Compare Cic. in Verr., ii., 12.) — 9. iVid, Plutarch, Pelopid. and Alex.— Suet., Cal., 5.)— 10. (i., p. 239.) — 11. (Germ., c. 3,)— 12. (Plut., Do Garrul., 13.)— 13. (Adv. Induct., c. 29.)— 14. (Pollnx., Ouou]., ii., .S2.)— 15. (Cumpapi Aristoph. Acliam., 848. — Lucian, Pi.s., c. 46.) BASALTES. BASAJNUS moat elegant nude of cutting ths hair was with the single lii.ife, /j.iif /iaxaipg..^) Irregularity and unevenness of the hair was considered a great blemish, as appears generally, and from Horace ;" and, accordingly, after the hair-cutting, the uneven hairs were pulled out by tweezers, an operation to which Pollux^ applies the term TrapaXeyeaOai. So the hangers-on on great men, who wished to look young, were accustomed to pull out the gray hairs for them.' Tit is was considered, however, a mark of effeminacy/ The person who was to be opera- ted on by tSie barber had a rough cloth {i>/i6?i,tvov, involucre in Plautus') laid on his shoulders, as now, to keep the hairs off his dress, &c. The second part of the business was shaving (jaiere, rasitare, fiipciv). This was done with a ^pov, a novacula,'' a razor (as we, retaining the Latin root, call it), which he kept in a case, •^f/itii, ^vpod^K^, ^vpoSoKvc, " a razor-case."" Some, who would not submit to the operation of the razor, used instead some pow- erful depilatory ointments or plasters, as psilothron;' acida Greta ;'° Vcnetum lutum ;" drcrpax." Stray hairs which escaped the razor were pulled out with small pincers or tweezers (volsellce, rpixoXaStov). The third part of the barber's work was to pare the nails of the hands, an operation which the Greeks expressed by the words ovvxl^ew and airo- vvxiisiv.^' The instruments used for this purpose were called 'owxiarfipia, sc. fiaxalpia.'-* This prac- tice of employing a man expressly to pare the nails explains Plautus's humorous description of the miserly Euclio : " Quin ipsi guidem tonsor ungues dempserat, CoUegit, omnia abstulit prasegmina."^' Even to the miser it did not occur to pare his nails himself, and save the money he would have to pay; but only to collect the parings, in hope of making something by them. So Martial, in rallying a fop, who had tried to dispense with the barber's servi- ces by using different kinds of plasters, &c,, asks him," Quid facient ungues ? What will your nails •Jo ? How will you get your nails pared ! So Ti- nullus says," quid (prodest) ungues artificis docta subsecaisse manu ; from which it appears that the person addressed was in the habit of employing one of the more fashionable tonsors. The instruments used are referred to by Martial.'' BAR'BITOS (/J«p«irof or jSdpBiTov), a stringed in- strument, called by Theocritus noXixop^"!" The .iEolic form fSiipfiiTos"' led the grammarians to de- rive the word from fSapvc and ficro;, a thread or string ; but according to Strabo," who, if the read- ing be correct, makes it the same with aafidixj;, it was of foreign origin. Pindar, in a fragment quoted by Athenaeus, refers the invention of it to Terpan- der," but in another place" it is ascribed to Anac- reon. Dionysius" tells us that in his day it was not in use among the Greeks, but that the Romans, who derived it from them, still retained it at ancient sacrifices. It is impossible to determine its exact form with any certainty : later writers use the word as synonymous with Mpa. {Vid. Lyea.) BARDOCUCUL'LUS. (Vid. CffcuLLus.) *BASALT'ES, a species of marble, as Pliny" 1 ;Sibina, vol. ii., p. 60.)— 2. (Sat., i., 3, 31.— Epist., i., 1, 94.)— 3. (ii., 34.)— 4. (Aristoph., Equit., 908.)— 5. (Aul. GeU., Tit, 12.— Cic, Pro Rose. Com., 7.)— 6. (Capt., II., ii., 17.)— 7. (Lamprid., Ileliog., c. 31.)— 8. (Aristoph., Thesm., 220.— Pol- lax, Onom., ii., 32.— Petron., 94.)— 9. (Plin., H. N., xxxii., 10, 47.)— 10. (Martial, vi., 93, 9.)— n. (Plm.,iii.,74.)— 12. (lb., iii., 74; X , 05.)— 11 (Aristoph., Equit., 706.— Schol. in loo.— Theo- Jihnist, Chai'act., c. 26.— Pollux, Onom., ii., 146.)— 14. (Pollux, Onom., X., 140 )— 15. (Anlnl., ii., 4, 34.)— 16. (Epig., iii., 74.)— 17. (i., 8, 11.) — IS. (Epig., xiv., 36: Instrumenta tonsoria.)' — 19. (xvi., 45.) — 20 (Pollux, Onom., iv., 9.— Etym. Mag. in voce.) — 81. (I., 471, c, eii. Uusaub.)— 22. (Alhenajua, ir., p. 635. a.)— 83. (Athnn, iv., Ji. 175.)— 24. (Ant. Sum., yii., T2.)— 25. (H. N . xxx^i., fl.'. terms it, found in ^Ethiopia, of the colour and hird- ness of iron, whence its name, from an Oriental tvrni basalt, signifying "iron." To what Eastern lan- guage this word belongs is not known ; we may com- pare with it, however, the Hebrew baszel. Pliny speaks of fine works of art in Egyptian basalt, and of these some have found their way to Rome, as the lions at the base of the ascent to the Capitol, and the Sphinx of the Villa Borghese.' Wiiickel- mann distinguishes two kinds of this stone : the black, which is the more common sort, is the ma- terial of the figures just mentioned ; the other vari- ety has a greenish hue." We must bo careful not to confound the hasaltes of the ancients with the modem basalt. The former was merely a species of syenite, commonly called basaltoid syenite, black Egyptian basalt, and "basalte antique." The Da- salt of the moderns is a hard, dark-coloured rock, of igneous origin.^ BASANISTAI. ( Vid. B.ts.iNos.) *BASANI'TES LAPIS (PaaaviTn^ XSoi), caHen also Basanos and Lapis Lydius, the Touchstone. Its Greek and English names both refer to its office of trying metals by the touch. The appellation of " Lydian Stone" was derived from the circumstance of Lydia having been one of its principal localities. It was also obtained in Egypt, and, besides the use just mentioned, was wrought into various orna- ments, as it still is at the present day. Other names for the Touchstone were Chrysites, from its particular efficacy in the trial of gold, and Coticula, because generally formed, for convenience' sake, into the shape of a small whetstone.' The Basa- nite or Touchstone differs but little from the com- mon variety of silicious slate. Its colour is grayish or bluish black, or even perfectly black. If a bar of gold be rublied against the smooth surface of this stone, a metallic trace is left, by the colour of which an experienced eye can form some estimate of the purity of the gold. This was the ancient mode of proceeding. In modern times, however, the judg- ment is still farther determined by the (.hanges pro- duced in this metallic trace by the application of ni- tric acid (aquafortis), which immediately dissolves those substances with which the gold may be al- loyed. Basalt and some other varieties of argillite answer the same purpose. The touchstones em- ployed by the jewellers of Paris are composed chief- ly of hornblende. Brogniart calls it Cornecnne Lyd- lenne.' BAS'ANOS iPuaavoc), the general term among the Athenians for the application of torture. By a decree of Scamandrius, it was ordained that no free Athenian could be put to the torture ;' and tliis ap- pears to have been the general practice, notwitii- standing the assertion of Cicero' to the contrary {de institutis Athenie^isium, Rhodiorum — apud qnos liberi civesque torquentur). The only two apparent exceptions to this practice are mentioned by Anti- phon' and Lysias.' But, in the case mentioned by Antiphon, Bockh" has shown that the torture was not applied at Athens, but In a foreign country : and in Lysias, as it is a Platsean boy that is spoket of, we have no occasion to conclude that he was an Athenian citizen, since we learn from Demosthe nes" that all Plat^ans were not necessarily Atlie nian citizens. It must, however, be observed, that the decree of Scamandrius does not appear to have interdicted the use of torture as a means of execu- tion, since we find Demosthenes'" reminding the 1. (Moore's Mineralogy, p. 82.) — 2. (Winckelmann, Werko, vol. y., p. 110, 409, &c.)— 3. (Fee in Plin., I. c.)-^. (Hill's The- ophrastus, p 189, in notis.J— 5. (Cleaveland's M noralogy, p 300.) — 6. (Andoc., De Myst., 22. — Compare Lys., -xtlii Tp'wti. 177.— c. Agorat., 462.)— 7. (Oral. Prut., c. 34.)— 8 (De Herod Cied., 729.)— 9. (r.. Simor, I.'i3.)— 10. (Stnatsliaus. Jur Atbcsner, i.,p.l99; ii., p. 412.)— II. :c. Neier.. 1:18) >--12. (Ue CiT..2-l.J 138 BASILEUS. BASILICA. judges that they had put Antiphon to death by the rack (oTpefi/lupai'TEf).' The evidence of slaves was, however, always ta- ken with torture, and their testimony was not oth- erwise received.' From this circumstance their testimony appears to have been considered of more value than that of freemen. Thus Isseus' says, " When slaves and freemen are at hand, you do not make use of the testimony of freemen ; but, putting slaves to the torture, you thus endeavour to find out tho truth of what has been done." Numerous pas- sages of a similar nature might easily be produced from the orators.* Any person might offer his own slave to be examined by torture, or demand that of his adversary, and the offer or demand was equally called TrpoKXriat; dg ^aaavov If the opponent re- fused to give up his slave to be thus examined, such a refusal was looked upon as a strong presumption against him. The TzpoKlriatg appears to have been generally made in writing,' and to have been deliv- ered to the opponent in the presence of witnesses in the most frequented part of the Agora ;" and as there were several modes of torture, the particular one to be employed was usually specified.' Some- times, when a person offered his slave for torture, he gave his opponent the liberty of adopting any mode of torture which the latter pleased." The parties interested either superintended the torture themselves, or chose certain persons for this pur- pose, hence called ^aaavwrai, who took the evi- dence of the slaves.' In some cases, however, we find a public slave attached to the court, who ad- ministered the torture;" but this appears only to have taken place when the torture was administer- ed in the court, in presence of the judges." This public mode of administering the torture was, how- ever, certainly contrary to the usual practice." The general practice was to read at the trial the depo- sitions oi the slaves, which were called j3aa actly synonymous with prince, calling the king's^ sons avanTes, and his daughters uvaaaai. The title of basilens was applied to magistrates in some re- publican states, who possessed no regal power, but who generally attended to whatever was connected with the religion of the state and public worship.! Thus the second archon at Athens had the title of basileus (vid. Archon), and we find magistrates with the same title in the republican states of Del- phi,' Siphnos," Chalcedon, Oy/.icus, &c.' After the introduction of the republican form of government into the Grecian communities, anothei term {Tvpamoc, tyrannus) came into use, in contra- distinction to the other two, and was used to desig- nate any ?itizen who had acquired and retained for > life the supreme authority in a state which had pre- viously enjoyed the republican form Of goverijment. The term tyrant, therefore, among the Greeks, had i a different signification from its usual acceptance in modern language ; and when used reproachfully, it is only in a political, and not a moral sense; for, many of the Greek tyrants conferred great benefits upon their country. BASIL'ICA (sc. <2dcs, aula, porticus — PaaiTiiKi;, also regia"), a building which served as a court ol law and an exchange, or place of meeting for mer- chants and men of business. The term is derived, according to Philander," from ffanAeig, a king, in reference to early times, when the chief magistrate' administered the laws he made ; but it is more im- mediately adopted from the Greeks of Athens, whose second archon was styled upx<^v l3aaiXev(, and the tribunal where he adjudicated arou /Sami- «iof," the substantive aula or porticus in Latin be- ing omitted for convenience, and the distinctive ep- ithet converted into a substantive. The Greek writers, who speak of the Roman basilicse, call them sometimes sroal ^amkiKal, and sometimes merely Croat, The first edifice of this description was not erect- ed until B.C. 182 ;" for it is expressly stated by the historian that there were no basilicae at the time o( the fire, which destroyed so many buildings in the Forum, under the consulate of Marcellus and Lsevi- nus, B.C. 218.'* It was situated in the Forum ad- j(iimng the Curia, and was denominated Basilica Porcia, in commemoration of its founder, M. Por- cius Cato. Besides this, there were twenty others, erected at different periods, within the city of Rome," of which the following are the most fre- quently alluded to by the ancient authors : 1. BasiU ica Sempronia, constructed by Titus Semproniua, B.C. 171," and supposed, by Donati and Kardini, to have been between the vicus Tuscus and the • Velabrum. 2. Basilica Opimia, which was ahovp' the Comitium. 3. Basilica Pauli JEmilii, or Basdi-' ■ 1. (Od., viii., 390.)— 2. (1. 810.)-3. (1. 304.)— 4. (1.631.)— 6 (1. 911.)— 6. (Evag., vol. li., p. 318, e<'. Auger.) — 7. (Pint, Qusest. Gr., vii., 177.)— 8. (Isocr., .Sgiu., o. 17.)— fl. (Waxjli smuth, I., i., p. 148.)— 10. (Stat., Silv., i., 1, 30.— Suet., Octav 31.)— 11. (Comment. VitruY.)— 12. (Paus.,i., 3, « 1.— Demosth. Aristo^lt., p. 776.)— 13. (Liv., xxxix., 44.)— 14. (Liv., xxvi., 27.| —15. (Pitisc, Lex. Ant., s. v. Basilica.)— 16. (Liv., div., 16.). BASILtCA BASILICA. ra /Ei/iiha, calleQ also Segia Pauli by Statius, Cicero' mentions two basilicae of this name, of whicti one was built, and the other only restored, by Paulus ^milius. Both these edifices were in the Forum, and one was celebrated for its open per- istyle of Phrygian columns," which Plutarch (Cos.) states was erected by L. ^railius Paulus during his ;ionsulship, at an expense of 1500 talents, sent to aim by Caesar from Gaul, as a bribe to gain him over from the aristocratical party: A representa- tion of this IS given below, i. Basilica Pompeii, called also regia,* near the theatre of Pompey.' 5. Basilica Julia, erected' by Julius Caesar, in the Fo- rura^ and opposite to the Basilica ^Emilia. It was from the roof of this building that Caligula scatter;- ed money among' the people for several successive days.* 6. Basilica Caii el ImcH, the grandsons of Augustus, by whom it was founded.' 7. Basilica Ulpia or Trajani, in the Forum of Trajan. 8. Basil- ica ConstarUini, erected by the Emperor Constan- tine, supposed to be the ruin now remaining on the Via Sacra, near the Temple of Rome and Venus, and commonly called the Temple of Peace. Of all these magnificent edifices, nothing nowremains be- yond the ground plan, and the bases and some por- tion of the columns and supeirstructufe of the last two. The basilica at Pompeii is in better preserva- tion ; the external walls, i^anges^ of columns, and tril)unal of the judges being still tolerably perfect on the ground floor. The Forum, or, where there was more than one, the one which was in the most frequented and cen- tral part of the city, was always selected for the site of a basilica; and hence it is that the classic writers not unfrequently use the terms forum and basilica synonymously, as in the passage of Clau- dian' — Desuetaqu€ cingit Regius auratisforafascibus Ulpia lictor, where the Forum is not meant, but the basilica which was in it, and which was surround- ed by the lictors who stood in the Forum.' Ti'ruvius' directs that the most sheltered part of the Forum should be selected for the site of a basil- ica, in order that the public might suffer as little as possible from exposure to bad weather, while going to, or returning from, their place of business ; he might also have added, for their greater convenience whib' engaged within, since many of these edifices, and all of the more ancient ones, were entirely open to tne external air, being surrounded and protected solely by an open peristyle of columns, as the an- nexed representation of the Basilica ^Emilia, from a medal of Lepidus, with the inscription, clearly ■^bows ; /'/n\\\\\\\)S\ j^=? r \ A . ,_ i': IA iH-^ ■ ^ i± 1 When, however, the Romans became wealthy and refined, and, consequently, more effeminate, a wall was substituted for the external peristyle, and Ihe columns were confined to the interior; or, if used externally, it was only in decorating ttie npo- waof, or vestibule of entrance. This was the only change which took place in the form of these build- ings from the time of tliejr first institution until 1<(1. o.)— 2. (Ad Att., iy., 16.)— 3. (Plin., II. N., imivi., 24, 1.— Appim, De Bell. Civ., lib. ii.)— 4. (Suet., Octav., 31.)— 5. ,(;Suet., Cai;g., 37.)— 6. (Suet., Octav., 20.) — 7. (De Honor. 'C'oiw., vi., 645.) — 8. (F Use, Lex. Ant., 1. c. — Nard., Rom. Ant, v., 9.)— 9. (i- 1.) they were converted into Christian churches The ground plan of all of them is rectangular, and theii width not more than half, nor less than one third of the length;' but if the area on which the edi- fice was to be /aised was not proportionably long, small chambers (chalcidica) were ■. it off from one of the ends," which served as conveniences for the judges or merchants. This area was divided into three naves, consisting of a centre {media porticus) and two side aisles, separated from the centre one each by a single row of columns : a mode of con- struction particularly adapted to buildings intended for the reception of a large concourse of people. At one end of the centre aisle was the tribunal of the judge, in form either rectangular or circular, and sometimes cut off' from the length of the grand nave (as is seen in the annexed plan of the basilica at Pompeii, which also affords an example of the chambers of the judices or chalcidica above men- tioned), or otherwise thrown out from the posterior —r -T T -^ -XL + • \ * -ST • • > • ■ 1 • + 1- H,^, ij 1. wall of the building, like the tribune of some of the most ancient churches in Rome, and then called the hemicycle : an instance of which is afforded in the Basilica Trajani, of which the plan is given below. It will be observed that this was a most sumptuous edifice, possessing a double tribune, and double row of columns on each side of the centre aisle, dividrig the whole into five naves. The internal tribune was probably the original construction, v^hen the basilica was simply used as a court of justice ; but when those spacious halls were erected for the convenience of traders as well as loungers, then the semicircular and external tribune was adopted, in order that the noise ami confusion in the basilica might not intermpt tm proceedings of the magistrates ' In the centiio 9) this tribune was placed the curule chair of theprae tor, and seats for judices, who sometimes ainount 1. (Vitruv., 1. c.)— 2. (Vitruv., 1. c.)— 3. (Vitruv., ]. c.l 141 BASILICA. en to tlie nuiaber of 180,' and the advocates ; and round the sides of the hemicycle, called the wings (cornua), were seats for persons of distinction, as well as the parties engaged in the proceedings. It was in the wing of the tribune that Tiberius sat to overawe the judgment at the trial of Granius Mai- cellus.' The two side aisles, as has been said, were separated from the centre one by a row of col- umns, behind each of which was placed a square pier or pilaster (parastata^), which supported the (looring of an upper portico, similar to the gallery of a modern church The upper gallery was in like manner decorated with columns, of lower di- mensions than those below ; and these served to support the roof, and were connected with one an- other by a parapet wall or balustrade (pluteus*), which served as a defence against the danger of falling over, and screened the crowd of loitereis above {subbasilicani^) from the people of business in the area below," 'I'his gallery reached entirely round the inside of the building, and was frequented by women as well as men, the women on one side and the men on the other, who went to hear and see what was going on.' The staircase which led to the upper portico was on the outside, as is seen in the plan of the Basilica of Pompeii. It is simi- larly situated in the Basilica of Constantine. The whole area of these magnificent structures was covered with three separate ceilings, of the kind called tcsludinatum, like a tortoise-shell ; in techni- cal language now denominated coved, an expression used to distinguish a ceiling vi'hich has the general appearance of a vault, the central part of which is, liov;ever, flat, while the margins incline by a cylin- Jrical sliell from each of the four sides of the cen- tral square to the side walls ; in which form the ancients imagined a resemblance to the shell of a tortoise. From the description which has been given, it will be evident how much these edifices were adapt- ed, in their general form and construction, to the uses of a Christian church ; to which p:irpose some of them were, in fact, converted, as may be inferred from a passage in Ausonius, addressed to the Em- peror Gratianus : Basilica olim negotiis plena, nunc votis pro tua salute susceptis.' Hence the later wri- ters of the Empire apply the term basilica; to all churches built after the model just described ; and such were the earliest edifices dedicated to Chris- tian worship, which, with their original designation, continue to this day, being still called at Rome ba- xiliche. A Christian basilica consisted of four prin- cipal parts : 1. Upovaoc, the vestibule of entrance. 2. Ncif, navis, and sometimes gremium, the nave or centre aisle, which was divided from the two side ones by a row of columns on each of its sides. Here the people assembled for the purposes of wor- ship. 3. 'Afi6uv (from ava6aivnv, to ascend), cho- rus fthe choir), and suggcstum, a part of the lower extremity of the nave raised above the general level of the floor by a flight of steps. 4. 'leparelov, Upov ^rijia, sancluanum, which answered to the tribune of the ancient basilica. In the centre of this sanc- tuary was placed the high altar, under a tabernacle or canopy, such as still remains in the Basilica of St. John of Lateran at Rome, at which the priest oflieiated with his face turned towards the people. Around this altar, and in the wings of the sanctua- rinm, were seats for the assistant clergy, with an elevated chair foi the bishop at the bottom of the circle in the centre.' 1. (Plin., Ep., vi., 33.)— 2. (Tacit., Ann., i., 75.)— 3. (Vitruv., 1. c)— 4. (Vitrnv., 1. c.)— 5. (Plant., Capt., IV.,ii.,35.)— 6. (Vi- truv., 1. c.) — 7. (Plin., 1. c.)— 5. (Grat. Act. pro consulatu.) — 9. (Theatr. Basil. Pisan., cura Josep. Marl. Canon., iii., p. 8. — Ci- amp.. Vet. Mon., i., ii., rJ Oc Sacr. Ed., passim.) 142 BASTERNA. BASIL'ICA (fiaaamal Ajnrufetf). About A.D. 876, the Greek emperor Basilius, the Macedonaj, con^menced this work, which was completed by his son Leo, the philosopher. Before the reign ot Ba- silius, there had been several Greek translations.of the Pandect, the Code, and the Institutes ; but there was no authorized Greek version of them. The numerous Constitutions of Justinian's successors, and the contradictory interpretations of the jurists, were a farther reason for publishing a revised Greek text under the imperial authority. This great work was called Basilica, or Haai'KLKa.l Atara^eig : it was revised by the order of Constantinus Porphyrogen- neta, about A.D. 945. The Basilica comprised the Institutes, Pandect, Code, the Novelise, and the im- perial Constitutions subsequent to the time of Jus- tinian, in a Greek translation, in sixty books, which are subdivided into titles. The publication of this authorized body of law in the Greek language led to the gradual disuse of the original compilation of Justinian in the East. The arrangement of the matter in the Basilica is as follows : All the matter relating to a given sub- ject is selected from the Corpus Juris ; the extracts from the Pandect are placed first under each title, then the constitutions of the Code, and next in or- der the provisions contained in the Institutes and the NovellEE, which confirm or complete the provis- ions of the Pandect. The Basilica does not con- tain all that the Corpus Juris contains ; but it con- tains numerous fragments of the opinions of ancient jurists, and of imperial Constitutions, which are nui in the Corpus Juris. The Basilica was published, with a Latin fersion, by Fabrot, Paris, 1647, seven vols. fol. Fabrot pub. lished only thirty-six books complete, and six oth. ers incomplete : the other books were made up from an extract from the Basilica and the scholiasts, Four of the deficient books were afterward found in MS., and published by Gerhard Meerman, with a translation by M. Otto Reitz, in the fifth volume of his Thesaurus Juris Civilis et Canonici ; and they were also published separately in London in 1766, foho, as a supplement to Fabrot's edition. A new critical edition, by the brothers Heirabach, was com- menced in 1833, and is now in progress. *BASILISCUS {(SacMaKoe), the Basilisk, some- times called Cockatrice, from the vulgar belief In modern times, that it is produced from the egg of a cock. " Nicander describes it," observes Dr. Ad- ams, "as having a small body, about three palms long, and of a shining colour. All the ancient an thors speak with horror of the poison of the Basilisk, which they affirm to be of so deadly a nature as to prove fatal, not only when introduced into a wounO, but also when transmitted through another object Avicenna relates the case of a soldier, who, having transfixed a basilisk with a spear, its venom provei! fatal to him, and also to his horse, whose lip was ac, cidentally wounded by it. A somewhat similar sto ry is alluded to by Lucan.' Linnaeus, regaiding, o course, all the stories about the Basilisk as utterl; fabulous, refers this creature, as mentioned by tin ancients, to the Lacerta Iguana. I cannot help think ing it very problematical, however, whether the Ig nana be indeed the Basilisk of the ancients. Cal met supposes the Scriptural basilisk to be the sam with the Cobra di Capello, but I am not aware o its being found in Africa. The serpent which i described under the name of ~Buskak by Jacksoi would answer very well In most respects to th ancient descriptions of the Basilisk."' BASTER'NA, a kind of litter (lectica) in whic women were carried in the time of the Roman en 1. (Phars., \x., 726.1—2. (Jjckson'a Anroni.t of Morocco 109. — Adams, A ppent' . s. v.) J3ATHS. jieiors. It appears to have resembled the lectica [ind. LEcncAj very closely ; and the only difference apparently was, that the lectica was carried by slaves, and the basterna by two mules. Several etymologies of the word have been proposed. Sal- masius supposes it to be derived from the Greek fjaoTofu.' A description of a basterna is given by .1 poet in the Jjatin Anthology.' BATHS. — BoAavfiov, Bainearium, Balneum, Ba- lineum, Balne■» public establishments expressly devoted to the purpose of the same magnificence as the Romans had ; in which sense the words of Artemidorus" may be understood, when he says, "They were unacquainted with the use of baths" {^aTiavela ovk ildeicav) ; for it appears that the Athenians, at least, had public baths (Xovrpuvec;) attached to the gym- nasia, which were more used by the common peo- ple than by the great and wealthy, who had private baths in their own houses." The Romans, as well as Greeks, resorted to the rivers, in the earlier periods of their history, from motives of health or cleanliness, and not of luxury ; for, as the use of linen was little known in those ages," health as well as comfort rendered frequent ablutions necessary. Thus we learn from Seneca'* that the ancient Romans washed their legs and arms daily, and bathed their whole body once a week. It is not recorded at what precise period the use of the warm bath was first introduced among the Romans ; but we learn from Seneca" that Scipio had a warm bath in his villa at Litemum, which, however, was of the simplest kind, consisting of a simple chamber, just sufficient for the necessary purposes, and without any pretension to luxury. It was " small and dark," he says, '' after the man- ner of the ancients." This was a bath of warm teaUr ; but the practice of heating an apartment with warm air by flues placed immediately under it. 1. {Od., vi., 96.)— 2. (Athsn., 1. c.)— 3. (H. N., xiii, 1.)— 4. (1. 186.) — 5. (I. 172.)— 6. (XV., 11.)— 7. (Od.. vi., 97.) — 8. (Xen., Hellen., v., i, « 28.— Plut., Ale, 23.)— 9. (Dion, liii., p. M5,ed. Haraiov.,'16C6.)— 10. (Compare Strabo, iii., p. 413, ed. Siehenkoes.— Casaub. mloc.)— II, (i., 66.)— 12. (Xen.,DeBep. Alh., ii., 10.)— 13. (Fabr<, Dead. Urb. Rom., o. 18.)— 14. (E- , Bfi.)— 15. (1. c.) 144 BATHS. so as to pfunuce a vapour bath, is slated by Valeft us Maximus' and by Pliny" to have been invented by Sergius Orr-ta, who. lived in the age of Crassus, before the Marsic war. The expression used by Valerius Maximus is balnea pensiha, and by Plinj balineas permles, which is differently explained by different commentators ; but a single glance at the plans inserted below will be sufficient in crder Ui comprehend the manner in which the flooring of the chambers was suspended over the hollow cells of the hypocaust, called by Vitruvius suspensura cai- dariorum,' so as to leave no doubt as to the precise meaning of the invention, which is more fully ex- emplified in the following passage of Ausonius :♦ "Quid (memorem) qum sulphurea sulstructa crepidjju fumant Balnea, ferventi cum Mulciber hauslus operlo, Volvit anhelatas tecioria per cavaflammas, Inclusum glomerans cestu exspirante vaporem t" By the time of Cicero, the use of baths, both public and private, of warm water and hot air, had obtained very generally, and with a considerable de- gree of luxury, if not of splendour, as may be col. lected from a letter to his brother,* in which he in- forms him that he had given directions for remdving the vapour bath (assa) into the opposite angle of the undressing-room {apodytsrium), on account of the flue being placed in an injudicious situation ; and we learn from the same author that there were baths at Rome in his time — balneas Senias' — which were open to the public upon payment of a small fee.' In the earlier ages of Roman history, a mucu greater delicacy was observed with respect to pro- miscuous bathing, even among tne men, than was usual among the Greeks ; for, according to Vale- rius Maximus,* it was deemed indecent for a father to bathe in company with his own son after he had attained the age Of puberty, or a son in-law with hia father-in-law: the same respectful reserve being shown to blood and affinity as was paid to the tem- ples of the gods, towards whom it vpas considered as an act of irreljgion even to appear naked in any of the places consecrated to their worship.' But virtue passed away as wealth increased ; and,v(.ien the thermiB came into use, not only did the men bathe together in numbers, but even men and vpomen stripped and bathed promiscuously in the same bath. It is true, however, that the puWio establishments often contained separate baths for both sexes ad- joining to each other,'" as will be seen to have been also the case at the baths of Pompeii. Aulus Gel- lius" relates a story of a consul's wife who took a whim to bathe at Teanum (Teano), a small provin- cial town of Campania, in the men's baths (balms virilibus); probably because, in a small town, the female department, like that at Pompeii, was mote confined and less convenient than that assigned to the men ; and an order was consequently given to the quaestor, M. Marius, to turn the meii out. But whether the men and women were allowed to use each other's chambers indiscriminat'elyj or that some of the public establishments had only^one common set of baths for both, the custom prevailed under the Empire of men and women bathing indis- criminately together." This custom was forbidden by Hadrian" and by M. Aurelius Antoninus ;'* and Alexander Severus prohibited any baths, common to both sexes {balnea mixta), from being opened in Rome." 1. (ix., 1.)— 2. (H. N.,ix., 79.)-3. (v., 11.)— 4. (Moaell.,337.) —5. (adQ. Fratr., Hi., 1,U.)— 6. (ProCcel:,25.)— 7. (lb., 26.) —8. (ii., 1, ■7.)—V. (Compare Cic, Do Off., i., 35.— Do OraU ii., 55.)— 10. (Vitvuv., v., 10.— Varro, Do Linff. Lat., jx., fiS-J". 11. (X., 3.)— 12. (Plin., H. N., xxxiii., 54.)— 13. (Spart., Hadl.i o. 1.)— 14. (Capitolia., Anton. Fhilosoph.. c. 23.)— 15. (Lompnii Alex. Sev.. c. 42.1 BATHS. BATHS. ^^^len the public baths (balnea) were first institu- led, they wore only for the lower orders, who alone ba ihed in public ; the people of wealth, as well as those who formed the equestrian and senatorian or- ders, using private baths in their own houses. But this monopoly was not long enjoyed ; for, as early even as the time of Julius Caesar, we find no less a personage than the mother of Augustus making use of the public establishments,' which were probably, at that time, separated from the men's ; and, in pro- cess of time, even the emperors themselves batlied in public with the meanest of the people. Thus Hadrian often bathed in public among the herd (cum omnibus') ; and even the virtuous Alexander Se- ferus took his bath among the populace in the ther- mae he had himself erected, as well as in those of his predecessors, and returned to the palace in his bathing-dress ;' and the abandoned Gallienus amu- sed himself by bathing in the midst of the young and old of both sexes — men, women, and children.* The baths were opened at sumise and closed at sunset ; but, in the time of Alexander Severus, it would appear that they were kept open nearly all night ; for he is stated' to have furnished oil for bis own therma3, which previously were not opened be- fore daybreak (ante auroram), and were shut before sunset (ante vesperum) ; and Juvenal" includes in his catalogue of female immoralities, that of taking the bath at night (balnea node subit), which may, how- v'ver, refer to private baths. The price of a bath was a fjaadrant, the smallest piece of coined money from the age of Cicero down- ward,' which was paid to the keeper of tho bath (balneator) ; and hence it is termed by Cicero, in the iiration just cited, quadrantaria permutatio, and by Seneca," res quadrantaria. Children below a cer- tain age were admitted free.' '•Nee pueri credunt, nisi q'd neadum an lavrmtur." Strangers also, and foreignsrs, were aUriiitted to some of the baths, if not to all without payment, as we learn from an inscription found at Rome, and quoted by Pitiscus.'" I.^ OCTAVIO. L. F. CAM. RUFO. TKIB. MIL yUI L.tVATIONEM GEATUITAM MUNICIPIBUS, INCOLIS HOSPITIBUS ET ADVENTORIUUS. The baths were closed when any misfortune hap- pened to the Republic ;" and Suetonius sjays that the Emperor Caligula made it a capital oftonce to in- dulge in the luxury of bathing upon any religious holyday." They were originally placed under the superintendence of the apdiles, whose business it was to keep them .also in repair, and to see that they were kept clean and of a proper temperature." In the provinces, the same duty seems to have de- volved upon the quaestor, as may be inferred from the passage already quoted from Aulus Gellius.'* The time usually assigned by the Romans for taking the bath was the eighth hour, or shortly af- terward." " Octavam poteris scrvare ; lavabimur una ; Seis, quam sint Stephani balnea juncta mihi." Before that time none but invalids were allowed to bathe in public." Vitruvius reckons the best hours adapted for bathing to be from midday until about sunset." Pliny took his bath at the ninth hour in summer, and at the eighth in winter;" and Martia. 1. (Suet., Octav., 94.)— 2. (Spart., Hadr., c. 17.)— 3. (Lam- prid., Alex. Sev., c. 42.)— 4. (Trebell. PoUio, Do Gallien. duob., c. 17.)— 5. (Lamprid., Alex. Sev., 1. c.)— 6. (Sat., vi., 419.) —7. (Cic, Pto'CcbI., 26.— Hor., Sat.. I., iii., 137.— Juv., Sat., n , 447.)— 8. (Ep., 86.)— 9. (Juvcn., Sat., ii., 152.)— 10. (Lex. Al't.)— 11. (Fabr..DesQr.Url).Rom.,c.l8.)— 12. (lb.)- 13. (lb.— Sfln., Ep., 86.)— 14. (x., 3.)— 15. (Mart.. Ep., x., 48 ; xi., 52.)— ir, ■Laniiiriil..Alex. SOV..24.1-1T. fv.. 10.)— IS. (Ep..iii., 1,8.) speaks of tai mg a bath, when fatigued and weary, at the tenth hour, and even later.' When the water was ready and the balhs pre- parp^, notice was given by the sonnd of a bell — as tht .narum.' One of these bells, with tlie inscription FiRMi Balneatoeis, was found in the thermos Dio- cletianffi, in the year 1548, and came into the pos- session of the learned Fulvius Ursinus.' While the bath was used for health merely or cleanliness, a single one was considered sufficient at a time, and that only when requisite. But the luxuries of the Empire knew no such bounds, and the daily bath was sometimes repeated as many as seven and eight times in succession — the number wliich the Emperor Commodus indulged himself with.* Gordian bathed seven times a day in sum- mer, and twice in winter; the Emperor Gallienus !,ix or seven times in summer, and twice or thrice in winter.' Commodus also took his meals in the bath ;' a custom which was not confined to a dis- solute emperor alone, for Martial' attacks a certain ^milius for the same practice, which passage, how- ever> is differently interpreted by some commenta- tors. It was the usual and constant habit of the Ro- mans to take the bath after exercise, and previous- ly to their principal meal (cana) ; but the debauchees ^f the Empire bathed also after eating, as well ao ^efoie, in order to promote digestion, so as to ac- quire a new appetite for fresh delicacies. Nero is related to have indulged in this practice," which is also alluded to by Juvenal." Upon quitting the bath, it was usual for the Ro- mans, as well as Greeks, to be anointed with oil ; to which custom both Pompey and Brutus are repre- sented by Plutarch as adhering. , But a particular habit of body, or tendency to certain complaints, sometimes required this order to be reversed ; for which reason Augustus, who suffered from nervous * disorders, was accustomed to anoint himself before bathing;'" and a similar practice was adopted by Alexander Severus." The most usual practice, however, seems to have been to take some gentle exercise (exercilatio) in the first instance, and then, after bathing, to be anointed either in the sun, or in the tepid or thermal chamber, and finally to take their food. The Romans did not content themselves with a single bath of hot or cold water, but they went through a course of baths in succession, in whicfc the agency of air as well as water was applied. It is dilficult to ascertain the precise order in which the course was usually taken, if, indeed, there was any general practice beyond the whim of the indi- vidual. Under medical treatment, of course the succession would be regulated by the nature of the disease for which a cure was sought, and would var)', also, according to the different practice of dif- ferent physicians. It is certain, however, that it was a general practice to close the pores and brace the body after the excessive perspiration of the va- pour bath, either by , pouring , cold water over the head, or by plunging at once into the piscina, or into a river, as the Russians still do," and as the Romans sometimes did, as we learn from Ausonius. '* Vidi ego defessos muUo sudore lavacri Fastidisss lacus, ct frigora piscinarum, Ut vivis frucrenlur aquis ; mox amne refotos Plauden'ii gclidum flumen pepulisse natatu."" Musa, the physician of Augustus, is said to have 1. (Epigr.-, iii., 36 ; x., 70.)— 2. (Mart., Ep., xiT., 163.)— 3. (Append, ad Cia^con., De Triclin.)—4. (Lamprid., Comtnod., c. 2.)— 5. (Capitol., Gall.,!:. 17.)— 6. (Lamprid., 1. c.)— 7. (Epigr., xii., 19.)— 8. (Suet., Nero, 27.)— 9. (Sat., i., 142.)— 10. (Suet., Octav., 82.)— 11. (Lamprid., Alfx. Se?., 1. c.)— 12. (Tooka'i Russia.)— 13. (Mosell., 341.) 145 BATHS BATKS. introduced this practice,' which became quite the fashion, in consequence of the benefit which the emperor derived from it, though Dion" accuses him of having artfully caused the death of MarceUus by an improper application of the same treatment. In other cases it was considered conducive to health to pour warm waw- over the head before the vapour bath, and cold watf immediately after it ;' and at other times a success en of warm, tepid, and cold water was resorted to. The two physicians, G,.>n and Celsus, differ in some respects as to the on'xr in which the baths should be taken ; the former rc/'ommending first the hot air of the Laconicum (uf'/Li. dep/iu), next the bath of warm water (udup ■depfiov and lovrpov), af- terward the cold, and, finally, to bts well rubbed ;* while the latter recommends his patients first to sweat for a short time in the tepid chamber {lepida- rium) without undressing ; then to proceed into the thermal chamber (calidarium), and, after having gone tlirough a regular course of perspiration there, not to descend into the warm bath {solium), but to pour a quantity of warm water over the head, then te- pid, and finally cold ; afl;erward to be scraped with the strigil (perfricari), and finally rubbed dry and anointed.' Such, in all probability, was the usual habit of the Romans when the bath was resorted to as a daily source of pleasure, and not for any par- ticular medical treatment ; the more so, as it re- sembles, in many respects, the system of bathing still in practice among the Orientals, who, as Sir W. Gell remarks, " succeeded by conquest to the luxuries of the enervated Greeks and Romans."' In the passage quoted above from Galen, it is plain that the word ?.ovTpov is used for a warm bath, in which sense it also occurs in the same au- thor. Vitruvius,' on the contrary, says that the Greeks used the same word to signify a cold bath (frigida lavatio, quam Graci Tiov-pov vocitant). The contradiction between the two authors is here point- ed out, for the purpose of showing the impossibility, as well as impropriety, of attempting to fix one pre- cise meaning to each of the different terms made use of by the ancient writers in reference to their bathing establishments. Having thus detailed from classical authorities the general habits of the Romans in connexion with their system of bathing, it now remains to examine and explain the internal arrangements of the strue- tpres which contained their baths, which will serve aa a practical commentary upon all that has been said. Indeed, there are more ample and better ma- terials for acquiring a thorough insight into Roman 1. (Plin., H. N.,xxv.,38.)— 2. (liii., p.517.)— 3. (Plin., H.N., ixviii., 14.— Celsus, De Med., i., 3.)— 4. (Galen, De Methodii li'edencli, x., 10, p. 708, 709, ed. Kuhn.)— 5. (Cels., De Med., i., I )— 6. (GoU's Pompeii, vil. 1, p. 86, ed. 1832.)— 7. |v., 11.) 146 manners in tiiis one particular, than for any itlim of the usages connected witli tlieir domestic habits Lucian, in the treatise which is inscribed Hijipias, has given a minute and interesting description of a set of baths erected by an architect of that name, which it is to be regretted is much ton long for ip- sertion in this place, but which is well worth pera- sal ; and an excavation made at Pompeii between the years 1824, '25, laid open a complete set of pub- lic baths (balnea), with many of the chamhers, even to the ceilings, in good preservation, and construct- ed in all their important parts upon rules very simi- lar to those laid down by Vitruvius. In order to render the subjoined remarks more easily intelligible, the preceding woodcut is insert- ed, which is taken from a fresco painting upon the walls of the therms of Titus at Rome. The woodcut on the following page represents th« ground-plan of the haths of Pompeii, which are hea^ ly surrounded on three sides by houses and shopi, thus forming what the Romans termed an insula,. The whole building, which comprises a double set of baths, has six different entrances from tlie street, one of which. A, gives admission to the smaller set only, which were appropriated to the women, and five others to the male department; of which two, B and C, communicate directly with the furnaces, and the other three, D, E, F, with the ba- thing apartments, of which F, the nearest to the Forum, was the principal one ; the other two, D and E, being on opposite sides of the building, served for the convenience of those who lived on the north and east sides of the city. To have a variety of entrances (ifoo/l 1.)— 8. (iii., cap. nit.)— 9. (li., 17.)— 10. (Voss., Lex. Etym., s. T.)— 11. (Vitmv., v., 10.— See also Athensus, xi., n. 104.) ' ' '^ 1.50 Cameron, that the Laconicum was merely a Siuall cupola, with a metal shield over it, rising above tho flooring {suspensura) of the chamber, in the manner represented by the drawing from the Thermae of Ti- tus, which drawing has, doubtless, given rise to the opinion. But it will be observed that the design in question is little more than a section, and that the artist may have resorted to the expedient in order to show the apparatus belonging to one end of the chamber, as is frequently dene in similar plans, where any part which required to be represented upon a larger scale is inserted in full development within the general section ; for in none of the nu- merous baths which have been discovered in Italy or elsewhere, even where the pavements were in a perfect state, has any such contrivance been observ- ed. Besides which, it is manifest that the clipeus could not be raised or lowered in the design alluded to, seeing that the chains for that purpose could not be reached in the situation represented, or, if at- tained, could not be handled, as they must be rei- hot from the heat of the hypocaust, into which they were inserted. In addition to which, the remains discovered tally exactly with the directions of Vi- truvius, which this does not. After having gone through the regular course ol perspiration, the Romans made use of instruments called strigilcs (or strigles^) to scrape off the per- spiration, much in the same way as we are accus- tomed to scrape the sweat off a horse with a piece of iron hoop after he has run a heat, or comes in from violent exercise. These instruments, some specimens of which are represented in the follow- itig woodcut, and many of which have been discov- ered among the ruins of the various baths of an- tiquity, were made of bone, bronze, iron, and silver; all corresponding in form with the epithet of Mar- 1. (Jut., Sat., iii., 263.) BATHS. BATHS. tial, " curvo distiingere ferro.'" The poorer class- f!s were obliged to scrape themselves, but the more wealthy took their slaves to the baths for the pur- pose ; a fact which is elucidated by a curious story related by Spartian." The emperor, while bathing one day, observing an old soldier, whom he had for- merly known among the legions, rubbing his back, 03 the cattle do, against the marble walls of the chamber, asked him why he converted the wall into a Btrigil ; and learning that he was too poor to keep a slave, he gave him one, and money for his main- tenance. On the following day, upon his return to the bath, he found a whole row of old men rubbing themselves in the same manner against the wall, in the hope of experiencing the same good fortune from the prince's liberality ; but, instead of taking the hint, he had them all called up, and told them to scrub one another. . The strigil was by no means a blunt instrument ; consequently, its edge was softened by the applica- tion of oil, which was dropped upon it from a small vessel called guttus (called also ampulla, XrJKvdoi, fiv- poBrJKiov, iXaLoipopov^. Vid. Ampulla.) This had a narrow neck, so as to discharge its contents drop by drop, from whence the name is taken. A rep- resentation of a guttus is given in the preceding 'voodcut. Augustus is related to have suffered from an over-violent use of this instrument.* In- valids and persons of a delicate habit made use of sponges, which Pliny says answered for towels as well as strigUs. They were finally dried with tow- els (lintea), and anointed.' The common people were supplied with these necessaries in the baths, but the more wealthy car- ried their own with them, as we infer from Persius :• '■ /, puer, et strigiles Crispini ad balnea defer." Lucaii' adds also soap and towels to the list. After the operation of scraping and rubbing dry, they retired into, or remained in, the tepidarium until they thought it prudent to encounter the open air. But it does not appear to have been customary to bathe in the water, when there was any, which was rot the case at Pompeii, nor in the baths of Hippi- es,' either of the tepidarium or frigidarium ; the temperature only of the atmosphere in these two chambers being of consequence to break the suddfn change from the extreme of hot to cold. Returning now back into the frigidarium (8), which, according to the directions of Vitruvius,' has a passage (14) communicating with the mouth of the furnace (c), which is also seen in the next woodcut under the boilers, called prafurnium, prop- nigeum,'-'' rpoirviyeluv (from jrpo, before, and Trvtyev^, a furnace), and passing down that passage, we reach the chamber (15) into which the prsefurnium pro- jects, and which has also an entrance from the street at B. It was appropriated to the use of those who had charge of the fires (fornacatores). There are t\vo staircases in it ; one of which leads to the roof of the haths, and the other to the coppers which contained the water. Of these there were three : one of which contained the hot water — caldarium (sc. vas or ahenum) ; the second the tepid — tepida- rium; and the last the cold— frigidarium. The warm water was introduced into the warm bath by means of a conduit pipe, marked on the plan, and conducted through the wall. Underneath the cald-a- rium was placed the furnace (Jwrnus'-^), which serv- ed to heat the water, and give out streams of warm .air into the hollow cells of the hypocaustum (from 1. (Epigr., xiv., 51.)— 2. (Hadrian, c. 17.)— 3. (Ruperti in Jav.,Sat., iii., 262.)-^. (Suet., Ootav., 30.)— 5. (Juv., Sat., iii., K'3 - Aimleius, Met., lib. ii.— Plin., H. N., xxxi., 47.)^-(i. (Sat., v.. 126.) — 7. (Lexiph., vol. ii , p. 320, ed. lleiz.) — 8. (Lucian, 1. li.)~i». (v., II.)— 19. (Plin., Eb.. ii.. 17.)— 11. (Ilur., Ep, i., 11. 15.) viro, under, and koiu, to bum). It passed fi om mo furnace under the first and last of the caldrons by two flues, which are marked upon the plan. These coppers were constructed in the same manner as is represented in the engraving from the Thermas of Titus ; the one containing hot water being placed immediately over the furnace ; and, as the water was drawn out from thence, it was supplied from the next, the tepidarium, which was already con- siderably heated, from its contiguity to the furnace and the hypocaust below it, so that it supplied the deficiency of the former without materially dimin- ishing its temperature ; and the vacuum in this last was again filled up from the farthest removed, which contained the cold water received directly from the square reservoir seen behind them ; a principle which has at length been introduced into the mod ern bathing establishments, where its efficacy, both in saving time and expense, is fully acknowledged. The boilers themselves no longer remain, but the impressions which they have lefl in the mortar in which they were imbedded are clearly visible, and enable us to ascertain their respective positions ami dimensions, the first of which, the caldarium is rep- resented in the annexed out. Behind the coppers there is another corridor (ibfc leading into the court or atrium (17) appropriated to the servants of the bath, and which has also the convenience of an immediate communication with the street by the door at C. We now proceed to the adjoining set of baths, which were assigned to the women. The entrance is by the door A, which conducts into a small ves- tibule (18), and thence into the apodyterium (19), which, like the one in the men's baths, has a seat {pulvinus et gradus) on either side built up against the wall. This opens upon a cold bath (20), an- swering to the nalalio of the other set, but of much smaller dimension, and probably similar to the one denominated by Pliny' puteus. There are four steps on the inside to descend into it. Opposite to the door of entrance into the apodyterium is another doorway which leads to the tepidarium (21), which also communicates with the thermal Chamber (23), on one side of which is a warm bath in a square re- cesp, and at the farther extremity the Laconicum with its labrum. The floor of this chamber is sus- pended, and its walls perforated for flues, like the corresponding one in the men's baths. The comparative smallness and inferiority of the fittings-up in this suite of baths has induced some Italian antiqnaries to throw a doubt upon the fact of their being assigned to the women ; and among these the Abbate lorio" ingeniously suggests that they were an old set of baths, to which the laigei ones were subsequently added when they became too small for the increasing wealth and population of the city. But the story, already quoted, of the 1. (1. c.)— 2. (Plan de PompBii.) 151 BATHS. eon sul's wife who turned the men out of their baths at Teanum lor her convenience, seems sufficiently to negative such a supposition, and to prove that the inhabitants of ancient Italy, if not more selfish, were certainly less gallant than their successors. In addition to this, Vitruvius expressly enjoins that the baths of the men and women, though separate, should be contiguous to each- other, in order that they might be supplied from the same boilers and hypocaust ;' directions which are here fulfilled to the letter, as a glance at the plan will demonstrate. It does not enter within the scope of this article to investigate the source from whence, or the man- nt r in which, the water was supplied to the baths of Pompeii. But it may be remarked that the sugges- tion of Mazois, who wrote just after the excavation was commenced, and which has been copied from him by the editor of the volumes on Pompeii pub- lished by the Society for the Diffusion of Useful Knowledge, was not confirmed by .the excavation ; and those who are interested in the matter inay consult the fourth appendix to the Flari de Pompeii, by the Abbate lorio. Notwithstanding the ample account which has been given of the plans and usages respecting baths in general, something yet remains to be said about that particular class denominated Thermae ; of which establisliments the baths, in fact, constituted the smallest part. The thermse, properly speaking, were a Roman adaptation of the Greek gymnasium, or palaestra (vid. PAL.ffiSTRA), as described by Vitruvi- us ;" both of which contained a system of baths in conjunction with conveniences for athletic games and j'outhful sports, exedrae in which the rhetori- cians declaimed, poets recited, and philosophers lec- tured, as well as porticoes and vestibules for the idle, and libraries for the learned. They were dec- orated with the finest objects of art, both in paint- ing and sculpture, covered with precious marbles, and adorned with fountains and shaded walks and plantations, like the groves of the Academy. It may be said that they began and ended with the Empire, for it was not until the time of Augustus that these magnificent structures were commenced. M. Agrippa is the first who afforded these luxuries to his countrymen, by bequeathing to them the ther- mae and gardens which he had erected in the Cam- pus Martins.' The Pantheon, now existing at Rome, served originally as a vestibule to these baths ; and, as it was considered too magnificent for the purpose, it is supposed that Agrippa added the portico and consecrated it as a temple, for which use it still serves. It appears from a' passage in Sidonius ApolUnaris,* that the whole of these build- ings, together with the adjacent Thermae Neronia- nae, remained entire in the year A.D. 466. Little is now left beyond a few fragments of ruins, and the Pantheon. The example set by Agrippa was fol- lowed by Nero, and afterward by Titus ; the ruins of whose thermae are still visible, covering a vast extent, partly under ground and partly above the Esquiline Hill. Therms were also erected by Tra- jan, Caracalla, and Diocletian, of the last two of which ample remains still exist; and even as late as Constantino, besides several which were con- structed by private individuals, P. Victor enumer- ates sixteen, and Panvinus" has added four more. Previously to the erection of these establish- ments for the use of the population, it was custom- ary for those who sought the favour of the people to give them a day's bathing free of expense, Thus, according to Dion Cassius,' Faustus, the son of Sulla, furnished warm baths and oil gratis to the 1. (Vitr., v., lO.W 2. (v., 11.)— 3. (Dion, )iv., torn, i., p. 759.— Plin., H. N., nXTi., 64). — 4. (Carm. xxiii., 495.)— 5. (Urb Rom. DfWTipt., i>, lOB.)— 6. (xxxvii., p. 143.) 152 BATHS. people for one day ; and Augustus, oh one occasion, furnished warm baths and barbers to the people foi the same period free of expense,' and at another time for a whole year to the women as well as men.' From thence it is fair to mfer that the quadrant paid for admission into the balnetB was not exacted at the thermiE. which, as being the works of the emperors, would naturally be opened with imperial generosity to all, and without any charge, otherwise the whole city would have throngedto the establishment bequeathed to them by Agrippa) and in confirmation of this opinion, it may be rr;- markedj that the old establishments, which weit! probably erected by private enterprise,' were term-' ed meritoria* Mo'st, if not all, of the other regula-i, tions previously detailed as relating to tlie economy of the baths, apply equally to the therma; : but it is to these establishments especially that the dissolute conduct of the emperors, and other luxurious in- dulgences of the people in general, detailed in the compositions of the satirists and later writers,; must be considered to refer. Although considerable remains of the Roman thermae are still visible, yet, from the very ruinous state in which they are found, we are far from be- ing able to arrive at the same accurate knowledge of their component parts, and the usages to which they were applied, as has been done with respect to the balnea; or, indeed, to discover a satisfactory mode of reconciling their constructive details will the description which Vitruvius has left of the baths appertaining to a Greek palaestra, or the description given by Lucian of the baths of Hippias. AH, in- deed, is doubt and guess-work ; each of the learned men who have pretended to give an account of their contents differing in almost all the essential partic- ulars from one another. And yet the great simi- larity in the ground-plan of the three which still re- main cannot fail to strike even a superficial obsenr- er ; so great, indeed, that it is impossible not ta perceive at once that they were all constructed upon a similar plan. Not, however, to dismiss the subject without enabling our readers to form some- thing like a general idea of thabe enormous edifices,' which, from their extent and magnificence, have! been likened to provinces (in modum provincianm exstructa?), a ground-plan of the Thermas of Cara- calla is annexed, which are the best preserved among those remaining, and which were, perhaps, more splendid than all the rest. Those apartments, of which the use is ascertained with the appearance of probability, will be alone marked and explained. The dark parts represent the remains still visible, the open lines are restorations. A, Portico fronting the street made by Caracalla when he constructed his thermae. B, Separate ba- thing-rooms, eitTier for the use of the common peo- ple, or, perhaps, for any persons Who did not vrisli to bathe in public. C, ApOdyteria attached to them. D, D, and E, E, the porticoes.' F, F, Exedrae, in which there were seats for the philosophers to hold their conversations.' G, Hypasthrae, passages open to the air : Hypathra amhulationes qvias Graeci tie- pidpo/uSag, nostri xystos appellant.' H, H, Stadia in the palaestra — quadrata sive oblrmga.' I, I, Possibly schools or academies where public lectures were delivered. J, J, and K, K, Rooms appropriatej'to the servants of the baths (balnealores). In the lat- ter are staircases for ascending to the principal res- ervoir. L, Space occupied by walks and shrabbrtr- ies — amhulationes inter platanones}" M, The arena or stadium in which the youth performed their ex- 1. (Id., Ht., p. 755.)— 2. (Id., xlix., p. 600.)— 3 (Compan Plin., H. N., ix., 79.)— 4. (Plin., Ep., ii., 17.)— 5. ,Amm. Ma^ cell., xvi., 6.)— 0. (Vitruv., v., 11.)- 7. (Vitniv . . c— Cic, l)i Orat,, ii., 5./— 8. \Vjtr --,1. c.l— 9. (Vitrlv .. r..)- 10 'Vi tniv., 1. c.) RATHS BATHS. ffliW«fil.l»lBlffl lODOOflcoai a a a Doooooaouoo: ercises,' with seats for tlie. spectators,' called the iheatridium. N, N, Reservoirs, with upper stories, Bectional elevations of which are given in the two tubsequent woodcuts. 0, . Aquajduct which sup- plied the baths. P, The cistern or piscina. This external range of buildings occupies one mile in circuit. We now come to the arrangement of the interior, for which it is very difficult to assign satisfactory destinations. Q represents the principal entrances, of which there were eight. II, the nalatio, piscina, or cold-water bath, to which the direct entrance from the portico is by a vestibule on either side marked S, and which is surrounded by a set of chambers which served most probably as rooms for undressing (apodyteria), anointing (unctuaria), and stations for the capsarii. Those nearest to the per- istyle were, perhaps, the conisteria, where the pow- der was kept which the wrestlers used in order to obtain a firmer grasp upon their adversaries ■ " lUe cavis hausto spargit me pulvere palmis, Inque vicem fulvee tactu flavescit arerux.'" The inferior quality of the ornaments which these apartments have had, and the staircases in two of them, afford evidence that they were occupied by menials. T is considered to be the tepidurium, with four warm baths (n, u, d, u) taken out of its four angles, aiid two lahra on its two Hanks. There are steps for descending into the haths, in one of which traces of the conduit are still manifest. Thus it would appear that the ceiitre part of this apart- ment served as " >.pidarium, having a balneum or calda. lavatio in foui . I its corners. The centre part, like that also of the preoeding apartment, is sup- ported by eight immense columns. The apartments beyond thiis, which are too ir ich dilapidated to be restored with any degree of cer- tainty, contained, of course, the laconicum at.d su- datopep, for which the round chaihber W, ai|d its appurtenances seem to be adapted, and which are also contiguous to the reservoirs, Z,Z.' e, e probably comprised, the ephebia, or places where the youth were taught their, exercises, with the appurtenances belonging to them, such as the sphceristerium and cdrycaum. The first of these takes its name from the game at ball, so much in favour with the Romans, at which Martial's friend was playing when the bell sounded to announce that the water was ready,' The latter is derived from KupvKOc, a sack,' which was filled with bran and olive husks for the young, and sand for the more robust, and then suspended at a certain height, and swung backward and forward by the players.* The chambers also on the other side, which are not marked, probably served for the exercises of the palaestra in bad weather." These baths contained an upper story, of which nothing remains beyond what is just suflicient to indicate the fact. They have been mentioned and eujogized by several of the Latin authors.' It will be observed that there is no part of the bathing department separated from the rest which could be assigned for the use of the women exclu- sively. From this it must be inferred either that both sexes always bathed together proraiscuously 1. (Vitruv., 1. c.)— a. (Ovid, U'.t., ix., 35.—Vii. etiam Sal- mas., ad TcTMill., P\ll., p. 217 -Me'3urial., Da Arte Gymn.. X..8.V I. (VitruT., v., 11.)— a. (Mart., Ep., xiv.,.163.)— 3. (llesych,, s. V.) — 4. (Aulis, De Gymn. Const., p. 9.— Antill , ap. Oribaa., Coll. Med., 6.)— 5. CVritrnv., v., 11.)— 6. (Spartran., Oaricall., c. 9. — Lamprid., Heliogab., c. 17. — Alex. Sev., c' 25. — Eutrttp., viii., 11.— Olymp., ap. Phot., p. 114, ed. Aug. Vir.del., 1601 ) UATILLUS. in the thenuai, or that the women were exclud.il altogether from these establishments, and only ad- mitted to the lalnecs. It remains to explain the manner in whith the immense body of water required for the supply of a S6t of baths in the thermas was heated, which has b«'0. performed very satisfactorily by Piranesi and Cimeron, as may be seen by a reference to the two subjoined sections of the caslellum aquaductus and sisci'ia b:Monging to the Thermae of Caracalla. A, arches of the aquasduct which conveyed the water into the piscina B, from whence it flowed mto the upper range of cells through the aperture at C, and ihence again descended into the lower ones by the aperture at D, which were placed im- mediately over the hypocaust E, the prisfurnium of T.'hich is seen in the transverse section at F, in the lower cut. There were thirty-two of these cells arranged in two rows over the hypocaust, sixteen on each side, and all communicating with each other ; and over these a similar number similarly arranged, whicli communicated with those below by the aperture at D. The parting walls between these cells were likewise perforated with flues, which served to disseminate the heat all round the whole body of water. When the water was suffi- ciently warm, it was turned on to the baths through pipes conducted lilcewise through flues in order to prevent the loss of temperature during the passage, and the vacuum was supplied by tepid water from the range above, which was replenished from the piscina ; exactly upon the principle represented in the drawing from the ThermaB of Titus, ingeniously applied upon a much larger scale. BATlt'LUS (w), a shovel. Pliny mentions the use of iron shovels, when heated, in testing silver and verdigris.^ Horace ridicules the vain pomposity of a municipal officer in the small town of Fundi, who had a shovel of red-hot charcoal carried before him in public for the purpose of burn- ing on it frankincense and other odours (pruna ba- tillum'}. Varro points out the use of the shovel in tlie poultry-yard {cum batillo' circumire, ac stercus toller^). The same instrument was employed, to- gether with the spade, for making roads and for various agricultural operations {uftai*). " Hamae" are also mentioned as utensils for extinguishing fires. These may have been wooden shovels, used for throwing water, as we now see them employed in some countries which abound in pools and cauiOs.' 1. (Plin., H. N., itxjciii., 44 ; ijixiv., 26.)— 2. (Sat., I., v., 36.) —3. (De Re Rust , iii., 6.)— 4. (Xen., Cyrop., vi., 2.— Bninck, Anal., ii., p. 53. — Geoponica, ii., 22.) — 5. (Juv., xiv., 305.) 154 aAXA, *B\TIS (/3oT(f), a species of fish. It is thf Raia balis, L. ; called in French Coliart, m Enalish the Flair or Skate} ♦BATOS (/3drof), a plant or shrub, the species o( which, as described by Theophrastus," are thuj arranged by Stackhouse : The first, or opOa^vrt^, is the Rubus fmticosus, or Common Bramble. The second, or ;ca^at6arof, is the.i?. Chamamorus, oi Cloud-berry (called in Scotland the Avron ). The third, or KvvdaSarog, is the R. idceus, or Raspbewy Sprengel agrees with almost all the authorities, thai the /3uT0f, properly speaking, of Dioscorides and Galen, is the Rubus fmticosus ; and the liala, the Rubus idims. It may be proper to remark, that by the poets, /JuTof is often applied to any thorny shrub. Thus, in the following epigram, it is applied to the stem of the rose : " To />6Sov uK/iai^Ei. fSawv xpovov, t/V &e wap&f)^ Zt^twv EVpTjaELQ ov (iodov aXTM. f^urov"^ *BATRACHTUM (Parpaxtov), a plant of which Apuleius says, "Nascilur svepe in Sardinia." Hence Schulze, who is otherwise undecided respecting it, holds it to be identical with the " Sardoa herba" of Virgil and others, namely, a species of the Rama cuius, or Crow-foot. Sprengel refers the first spe oies of Dioscorides to the Ranunculus Asiaticus, the second to the R. lanuginosus ; thJ third to the K. muricatus ; and the fourth to the R. aquatihs, upon the authority of Sibthorp.* ♦BATRACHUS {parpaxoi), I. The Frog, caUei) in Latin Rana. The name was applied to several species of the genus Rana. " The common frogs of Greece," observes Dodwell, " have a note totally diflerent irom that of the frogs of the northern climates, and there cannot be a more perfect imita- tion of it than the Brckekckex koax koax of Ari* tophanes." — The Ra.na arborea, according to Ihc same traveller, is of a most beautiful liglit-greun colour, and in its form nearly resembles the com- mon frog, but is of a smaller size ; it has alsu longer claws, and a glutinous matter at its feel, with which it attaches itself with great facility to any substance that comes in its way. It lives chiefly on trees, and jumps with surprising agility from branch to branch. Its colour is so nearly identified with that of the leaves, that it is ver^ difficult to distinguish the one from the other. Ill eyes are of a most beautiful vivacity, and it is so extremely cold that, when held in the hand, it pro- duces a chilly sensation like a piece of ice. Its song is surprisingly loud and shrill, and in holidays almost as incessant and tiresome as that of the tet- tix. These animals are more common in Leucadia than in other parts of Greece.' II. A species offish, called in English the Toad- fish, Frog-fish, and Sea-devil. It is the Loplmn piscatorius, L. ; in French, Bandroie ; in Italian, Martina pescatore. Aristotle calls it the Purpaxot dMa(, ^lian the /3. dXiev(. By Ovid it is termed Rana; by Pliny, Rana, and also Rana piscatrix; and by Cicero, Rana marina. Schneider, in hia commentary on Aristotle, states that the fJarpaxiK of Oppian would appear to be the Lophius barbattts, and that of ^lian the L. vespertilio.' BAXA or BAXEA, a sandal made of vegetable leaves, twigs, or fibres. According to Isidore,' this kind of sandal was worn on the stage by comic, while the cothurnus was appropriate to tragic act- ors. When, therefore, one of the characters in 1. (Aristot., H. A., i., 5, &c.— jElian, N. A., xy\., )3.)-2. (H. P., i., 2, 8, 15, 16 ; iii., 18.— Dioscor., iv., 37, 38.)— 3. (An- thol. Gnec, Adcinr., 39.) — 4. (Dioscor., ii., 206. — Bauhin, Pinal, v., 3.— Maijyn, ad Virg., Edog., vii., 41.— Adams, Append., « y.) — 5. (Dodwell's Tour, vol. ii., p. 44, 45.)— 6. (Aristot., H. A< ix., 37.— .aSlian, N. A,, ix., 24; xiii., 1.— Ovid, Hal., ISd.- Plin., H. N., ix., 24; xiv., 10 — Cic, Nat. Deor., ii., 4» I— 7- (Orig., xix., 33.) BDELLIUM. BJ .JJAIOSEUK LlKii. Plaulus' says, '' Qut exeergentur laxeaV we may suppose him to point to the sandals on his feet. Philosophers also wore sandals of this descrip- tion, at least in the time of Tertullian' and Apule- ius,' and probably for the sake of simplicity and cheapness. Tsidore adds that baxes were made of willow (ra salice), and that they were also called calories; and he thinks that the latter term was derived from the Greek kuXov, wood. It is probable that in Spain they were made of Spanish broom (spartum*). From numerous specimens of them discovered in the catacombs, we perceive that the Egyptians made them of palm-leaves and papyrus.* They are sometimes observable on the feet of Egyptian stat- ues. According to Herodotus, sandals of papyrus [VTroS^/iaTa fiv^kiva') were a part of the required and characteristic dress of the Egyptian priests. We may presume that he intended his words to in- clude not only sandals made, strictly speaking, of papyrus, but those also in which the leaves of the date-palm were an ingredient, and of which Apuleius makes distinct mention, when he describes a young priest covered with a linen sheet and wearing san- dals of palm (linteis amiculis intectum, pedesque pair meis baxeis indutum'). The accompanying woodcut shows two sandals exactly answering to this de- scription, from the collection in the British Museum. The upper one was worn on the right foot. It has a loop on the right side for fastening the band which went across the instep. This band, together with the ligature connected with it, which was inserted between the great and the second toe, is made of the stem of the papyrus, undivided and unwrought. The lower figure shows a sandal in which the por- tions of the palm-leaf are interlaced with great neat- ness and regularity, the sewing and binding being effected by fibres of papyrus. The three holes may be observed for the passage of the band and liga- ture already mentioned. It appears that these vegetable sandals were sometimes ornamented, so as to become expensive and fashionable ; for TertuUian says, " Soccus et baxa qtwtidie deauraniur.'" The making of them, in all their variety, was the business of a class of men called laxearii ; and these, with the solearii, who made other kinds of sandals, constituted a corpora- tion or college at Rome.' •BDELLA {p6iUa), the common Leech, or Hi- Tudo domestica. The application of leeches is oflen recommended by Galen and the medical authors subsequent to him. The poet Oppian alludes to the medicinal use of the leech, and describes very graphically the process by which it fills itself with blood." •BDELLIUM (fiiSiMiov), commonly called a gum, 1- {Men., n., iii., 40.)— 2. (De Pallio, p. 117, ed. Rigalt.)— 3. (Met., )i. and xi.)— 4. {Plin., H. N., xix., 7.)— 5. (Wilkinson's Manners and (Customs, &c., vol. iii., p. 336.) — 6. (ii., 37.)^-7. (Met., ii.)— 8. (De Idnl., c. 8, p. 89.)— 9. (Marini, Aui degli Frati Ait., p. 12.) — 10. (Halieut,, ii., 600. — Adams. Appenf!., 1. V.) but ill reality a gum-resin, the origin of which is tt subject of doubt. It would appear that there ars two, if not more, kinds of bdellium, the sourcp of one of which seems to be ascertained ; the otb ers are matters of controversy. The, Bdellium ol the ancients came from India, Arabia, Babylonia, and Bactriana. The last was the best.' It still comes, though not exclusively, from Asia. Adan- ton states that he saw in Africa the substance ex- ude from a thorny species of Amyris, called by the natives Niouttout. From its resemblance to myrrh, the analogy is in favour of its being obtained from an Amyris or Balsamodendron. The opinion of its being obtained from a palm, either the Leontarua domestica (Gffirtn.) or the Borassus jlabelliformis, is very improbable. The Sicilian bdellium is produced by the Drucns Hispanicus (Decand.), which grows on the islands and shores of the Mediterranean The Egyptian bdellium is conjectured to be pro- duced by the Borassus Jlabelliformis already alluJed to. Dioscorides and (Jalen describe two kinds of bdellium, the second of which is Benzoin, according to Hardouin and Sprengel. II. A substance mentioned in the second chapter of Genesis," and which has given rise to a great diversity of opinion. The Hebrew name is bcdolah, which the Septuagint renders by ai'flpaf, "carbun- cle ;" the Syriac version, " beryll" (reading berc- lab?) ; the Arabic, " pearls ;" Aquila, Theodotion, and Symmachus, " Bdellium ;" while some are in favour of " crystal," an opinion which Reland, among others, maintains.* There is nothing, how- ever, of so much value in bdellium as to warrant the mention of this in the account of a particulai region ; it is more than probable, on the contrary, that pearls are meant, as expressed by the Arabic version. Tliis view of the subject was maintained by many of the Jewish rabbins, and, among others, by Benjamin of Tudela. Bochart also advocates it with great learning ; and it derives great support from another passage in the Sacred Writings, wiiere Manna is compared with Bdellium. As the Manna is said to have been white and round, these two characteristics give rise at once to a resemblance between it and pearls." BEBAia'SEaS AIKH {^ciaiuaca^ SIkti), an ac tion to compel the vendor to make a good title, was had recourse to when the right or possession of the put-chaser was impugned or disturbed by a third person. A claimant under these circumstances, unless the present owner were inclined to fight the battle himself ^avrojiaxiiv), was referred to the vendor as the proper defendant in the cause (eif Trpa- Tfjpa uvdyew). If the vendor were then unwilling to appear, the action in question was the legal rem- edy against him, and might be resorted to by the purchaser even when the earnest only had been paid.' From the passages in the oration of Demos- thenes against Pantaenetus that bear upon the sub- ject, it is concluded by Hereildus' that the liability to be so called upon was inherent in the character of a vendor, and, therefore, not the subject of spe- cific warranty or covenants for title. The same critic also concludes, from the glosses of Hesychius and Suidas, that this action might in like manner be brought against a fraudulent mortgager." If the claimant had established his right, and been, by (he decision of the dicasts, put in legal possession of the property, whether movable or otherwise, as appears from the case in the speech against Panteenetus, the ejected purchaser was entitled to sue for reim- 1. (Plin., H. N., xii., 9.— Peripl. Mar. Erythr., p. 91, 22, 28, 29.— Ctesias, Indie, 19.— Biihr in lor , f. 318.)— 2. (v., 12.)— 3. (Bochart, Hieroz., P. ii., col. 674' -4 (Dissert. Miscell., P. i., p. 27, seqq. — Rosemniiller, ad Gcii., ' . c.) — 5. (Bochart, 1. c.) — 6 (Harpocrat., s. v. aitroiJaxsiv, liebaiiiiaic.) — 7. (Animadv. iB Salm., iT., 3, 6.)— 8. (Animadv. in Salm., iT., 3, in fin.) 1.55 BENEFICIUM. BERYLtUs. onrsement ft on the vendor by the action in ques- tion.' The cause is classed by Meier" among the Hkm Trpof Tiva, or civil actions that fell within the cognizance of the thesmothetffi. ♦BEL'ONE (fieUv^), the Gar-fish or Horn-fish, the Esox Bilone, L. It is called Durio in Athenseus ; P0.ivri ■daA.aTTiri hy .iElian;^ ^ap/f by Oppian ;' and Ai-us sive Belone by Pliny,' who elsewhere says, " Bclone qui aculeati vocaniur."' The Belone gets its name from its long and slender shape, like a " needle." The bones of this fish are remarkable for their colour, which is a beautiful greenj not arising either from cooking or the spinal marrow, as some have believed. There is a long disserta- tion on this fish in the Addenda, to Schneider's edi- tion of .(Elian, and in Gesner, De Aquatilibus.'' *BECHION. iVid. BHXION.) *BEMA ((3^/ia). (Kid. EccLEsiA.) BENDIDEI'A (^evSiSeia), a Thracian festival in honour of the goddess BivStg, who is said to be identical with the Grecian Artemis' and with the Roman Diana. The festival was of a bacchanalian character.' From Thrace it was brought to Athens; where it was celebrated in the Peiraeus, according to the scholiast on Plato," on the nineteenth, or, according to Aristoteles Rhodius and others, ol VTro/ivJi/iaTiaTai, referred to by Proclus," on the twentieth, of the month Thargelion, before the Pan- athenaea Minora." Herodotus" says that he knows that the Thracian and Paeonian women, when they sacrifice to the royal Artemis, never offer the vic- tims without a wheat-stalk {uvev 'irvpCiv KuXdjiri^). This was probably at the 'Bev6LStia. The Temple of BeciSif was called Bevdi'rfEtov.'* BENEFI'CIUM ABSTINENDI. {Vid. Hehes.) BENEFI'GIUM, BENEFIOIA'RIUS. The word beneficium is equivalent to feudum or fief in the writers on tlie feudal law, and is an interest in land, or things inseparable from the land, or things im"- movable." The beneficiarius is he who has'a bene- ficium. The term benefice is also applied to an ecclesiastical preferment." The term beneficium is of frequent occurrence in the Roman law, in the sense of some special- privi^ lege or favour granted to a person in respectof age, sex, or condition. But the word was also 'used in other senses, and the meaning of the term, as it appears in the feudal law, is clearly derivable from the signification of the term among the Romans of the later republican and earlier imperial times. In the time of Cicero, it was usual for a general or a governor of a province to report to the treasury the names of those under his command who had done good service to the state : those who were included in such report were said in heneficiis ad itrarium deferri." In heneficiis in these passages may mean that the persons so reported were considered as persons who had deserved well of the state, and so the word teneficiuni may have reference to the services of the individuals ; but as the object for which their services were reported was the benefit of the individuals, it seems that the term had refer- ence also to the reward, immediate or rethote, obtained for their services. The honours and offi- ces of the Roman state, in the republican period;' were called the beneficia of the Populus Romanus. Beneficium also signified any promotion conferred on, or grant made to soldiers, who were thence 1. (Poilui, Onom , viii., 6.)— 2. (Att. Process, 526.)— 3. (N. k., ix., 80.)— 4. (Hal., i.)— 5. (H. N., ix., Sl.j-fi. (H. N., xxlii., 11.) — 7. (Adams, Append., s. v.) — 8. (Hpsych., s. v, Biv iiS.y-O. (Strabo, X., p. 470, li.)- 10. (Repub., i., Jj. 354, s. 24, td. Bekk.)— II. (Comm. in Plat., Tim., lib. i'.)— 12. (Clinton, F. H., p. 333. 334.)— 13. (iv., 33, sub fin.)— 14. (Xen., HeUen., ii,, «, i 11.— Liv., xxXTii! , 41.)— 15. (Feuii., lib. ii., tit. 1.)— 16. 'Dunanfe, Gloss.) — V (Cic., Pro Arch., c. 5. — Ep. ad Fam , v., ID ) 15S called beneficiarii : this practice was common, a» we see from inscriptions in Gruter,* in some of which the beneficiarius is represented by the two letters B. F. In this sense we must understand the passage of Caesar" when bespeaks of the mag- na beneficia and the magna cUentela of Pompey in Citerior Spain. Beneficiarius is also used by Ctt- sar" to express the person who had' received » beneficium. If does not, however, appear froir. these passages what the beneficium actually was It might be any kind of honour, or spectaJ 'exemp tion from service.* Beneficiarius^ is opposed by Festus' to muiiifexj ; in the sense of one who is released from military^ service, as opposed to one who is bound to do mii'i' itary service. It appears that grants of land and other thinga made by the Roman emperors were called beneficia, and were entered in a book called Liber Benefia- orum} The secretary or clerk who kept this> hook was called a commentariis bcneficiorum-, as' appears from an inscription in Gruter.' i • *BER'BERI (^JpBepj). according to ROndelet,thc Concha margariti/era, or Mother of Pearl, meaning,' as Adams supposes, the Avicula margaritif em oflatet naturalists.' EuStathius makes it an Indian- name. ■ It appears to be connected in some way with the commerce of the Eastern region, or seacoastj' term- ed Barbaria.' *BERRIKOK'KA {(iepiKoKKa), a synonyme of the Malum Armeniacum, or A'pnoat. *BERYLLUS (fivpvUog), the Beryl, a preciofls stone, forining a sub-species ■ of emerald.- The Ro- mans would appear to have been in the habit of ■ studding their cups with beryls, and hence -Juvenal' Says, "c< inceguales berylto Vitro tenet phialiisi''" The affiiiity between the- beryl and the emerald *a3' not unknown to the ancients; and hence Pliny re- marks, " Beryls appear to m"any to have the same, or, at least, a like nature with emeralds.""- Ac- cording to this writer, they came from India, anc were rarely found in Other countries. At the prea ent day, however, the finest beryls are obtained from Dauria, on the frontiers of China. They occur, also, in the Uralian Mountains, and other parts of Siberia, in France, Saxony, the United States, and Brazil, especially the latter." The normal type of the Beryl, as of the emerald, is the hexaedral prism, more or less modified ; the pointing, however, is not always complete." Pliny seems to regard tliis crystalline form of the stone as the result of the lapidary's art ; he adds, however, that some sup- pose the Berjfl to be naturally of that shape. The same writer enumerates eight different kinds : "The best were those of a pure sea-green, our aqua ma- rina, or, as the French term it, Berii aigue-marine. The next in esteem were called Chrysoberyls,mi are somewhat vaguely described as 'pauUo palliii- ores, sed in aureum colorem exewnte fidgore' This Was probably the yellow emerald, such as occurs in Auvergne, or at Haddam in Connecticut. The third was called Chrysoprase, and would seeni to; nave been, in fact, as Pliny says some considered- it, a mineral propiig^encrw, different from theBery.i. It resembled in colour the juice of (he leak, but with somewhat of a golden tinge,.and hence its name. Although we are uncertain as to the mineral' here described, yet it is not improbable that it was the same now called Chrysoprase, and to which Lei ■ 1. (li., 4 ; cxxx., 5.)— 2. (Bell. Civ., ii., 18.)— 3. (Bell. Civ i., 73.)— 4. (Bell. Civ., iii., 88.— Suet., Tib., 12.)— 5. (s. v.)-t» (Hyginus, De Limitibus Constit., p. 193, Goes.)- 7. (DLXJvnl,, 1.)— 8. (Casauhon itt Athen;, p. 177.— Adams, Append., i, v.)- 9. (Athenaeus, iii., p. 93, B.— Euitatli. in II., 9, 402, p. 759, SO. — Vincent's Anc. Commerce, vol. ii., p. 123.) — 10. (Sat., r., '38.) —11. (H. N., xxxvii., 20.)— 12. (Cleavrland's Min8'al->«, vol i., p. 343.)- -13. (F6e in Plm., 1. ( .< BETTONICA. BIBASIS. man was the firstjn modern times who gave the, an- eient naiaei The fourth variety of Beryl was of a colour approaching the hyacinth j the fifth were iertaei aeroides ; the sixth were of a wax, the sev- enth of an olive colour. .The last variety spoken of by Pliny resembled, crystal, but contained' hairy threads and impurities. These were probably such crystals of quartz as.are often found, rendered part- ly opaque by chlorite, or penetrated by capillary "jjstais of epidote, actinolite, or other minerals. PJiny observes that, the Indians stained rock-crystal in such a way as to counterfeit other gems, and es- pecially the Beryl.'" BESTIA'RII (-S^pto/iixoi-) were persons who fought with wild beasts in the games of the circus. They were eitlier persons who fought for the sake of pay iauctoramentwm?), and who were allowed arms, or they were criminals, who were usually permitted to have no means of defence against the wild beasts,' The bestiarii, who fought with the beasts for the sake of pay, and of whom tliere were great numbers in the latter days of the Republic and under the Empire, are always spoken of as dis- tinct from the gladiators, who fought with one an- other.* It appears that there were schools in Rome, in which persoiis were trained to fight with wild beasts (schola beseiarum or bestiariorum'). *BETA (reuT^of, -ov, -ton, -tf, or aevT^ov), the Beet, or Beta vulgaris. The Greeks distinguished two kindp of this vegetable by means of their col- cur, namely, the Black and the White Beet, the lat- ter of, which was also called the Sicilian. The white was preferred to the other. The Romans had also tvo kinils, in name at least, the vernal and autumnal, laKlngthein names from the periods when Ihey were sown. The largest beets, were procured around Circeii.' , . :*BETTONaCA and BRETTAN'ICA,(^erro»;w^ and ^piTTavLnri), a species of plant, commonly called "the,Betony." " It is almost incredible," observes Adams, " how much of confusion and mistake has arisen about these terms. With respect to the Betonica of Paul of jEgina, the most probable opin- ion ia that held by Bauhin, namely, that it was ei- ther the Veronica, oficinalis, common male Speed- well, or the Y. serpyllifolia, or smooth Speedwell. In Miller's Gardener's Dictionary, the former of these, and in the Northern Flora of Dr. Murray, the latter, gets the additional name of ' Paul's Betony.' The ^sTToviK^, which was merely a synonyme of the Kearpov, was most probably either the Betonica offi- cinalis, or, as Sprengel rather thinks, the B. alopec- uros. , We now come to the BperravtK^ of Dioscor- ides. This he describes as resembling wild Dock {Tiairddv ayplt^), but having a larger and rougher leaf. He ascribes to it, also, a styptic power, which rendered it well adapted for aflfections of the mouth and fauces. Paul of .^Egina, in like manner, com< pares his ^pe-ravinTi to the wild Dock, and com- mends it for the cure of mortifications of the mouth, fly which he no doubt means Scurvy. This is the plant upon the uses of which a small work was written by^Antonius Musa, physician to Augustus, This Libellus was published at Zurich, A.D. 1537, with notes by Humelbergius. It is a tract, how- ever, of little value, either in a philological or scien- tific point of view; and, indeed, there is much reaf in to doubt the genuineness of the work which we possess. Hunting, in a very learned work, ' De Vera Antiquorum Heria Brittanica,' gives an interesting exposition of the opinions entertained by modern 1. (M(^05e'a Anc. Mineral., , p. 151,) — 3. (Compare Manil., iv., . W,)tt3., er to mention that the Brettanica is noticed undei the name of the black Dock' by Aetius." Anothei form of the ancient name is Vetlonica, derived, ao cording to Pliny, from the circumstance of the Vet- tones in Spain having discovered this herb. Its uses and virtue in medicine were almost countless, so that a proverb has arisen among the Italians re- specting it ; " aver piu virtu clie la betlonica," " to possess more virtue than the bettonica.'" ■ *BH'X10N (fir/X'Ov), a plant, which Woodville, Sprengel, Dierbach, and nearly all the commenta- tors agree is the Tussilago farfara, or Colfs-foot. Galen says it derived its name from its being be lieved to possess the property of aiding coughs and difficulty of breathing (^^f, -rix^i, being the Greek term for a cough"). A patent medicine, prepared from the Colt's-foot, is, according to Adams, much cried up in England at the present day as a cure for coughs.' BIAI'aN AIKH (I3taiuv Sckti). This action might be brought whenever rapes of free persons, or the illegal and forcible seizure of property of any kind, were the subject of accusation ; and we learn from Demosthenes* that it came under the jurisdiction o) the Forty. According to Plutarch,' the law prescri- bed that ravishers should pay a fine of 100 drachma ; but other accounts merely state generally that tho convict. was mulcted in a sum equal to twice that at which, the damage? were laid {6ijt?.?jv tijv ^%d6iiv o^ei'Afiv') ; ,and;the plaintiff in such case received one half of the fine, and the state, as Pi party medi- ately injured, the other. To reconcile these ac- counts, Meier' supposes the rape to have been estimated by law at 100 drachmas, and that the plaintiff fixed the damages in reference to other in- juries simultaneous with, or consequent upon, the perpetration of the main oflfence. With respect to aggressions upon, property, the action fiiaiuv is to lie distinguished from HovXtk, in that the former implies, the employment of actual violence, the lat- ter merely such detention of property as amounted to violence in the contemplation of law,* as, for in- stance, thenon-payment of damages and the like, to the successful litigant after an award in his fa- vour by a court of justice.' BIB'ASIS (j}t6aat() was a kind of gymnastic dance, much. practised among the Spartans, by both men and women. The dance consisted in spring- ing rapidly from the ground, and striking the feet behind; a feat of which a Spartan woman in Aris- tophanes" prides herself The number of success- ful strokes was counted, and tlie most skilful re- ceived prizes. We are told by a verse which has been preserved by Pollux," that a Laconian girl had danced the .hibasis a thousand times, which was more than had ever been done before.?' The hibasis appears to have been nearly the same as the l)aBa'iTvyi(siv, which Pollux" explains by m/j.(fi r^ TToJi Tov yXovTov naUiv, on the meaning o/ which see Hesychius." : 1. (Dioscor,, iv., 1. — Paul. iEffin,, ii., 3. — Adams, Append., s v,)t:-2. {jSi'ix^pv, uivdjiacTTai ^h outw? ai:h Tov TrsTrhrevudal ^r/X^r, TE. Kal dpdojrvoias, iIj^eXeTv.) — 3. (Dioscor., iii.,,116. — Adams, Ap- pend., s. v.)^. (c. Pantifin., 976, 11. — Compare Rarpoprat.,. ■ v.)^S. (Solon, 23.)— 6. (Lys., Do Cieclo Eratosth:, 33.— DSroosth , .c.Mid., 528;i20.)— 7. (Att. Process, p. 545.)— 8. (Meidr, Att Process, p. 546.)— 9. (Demosth., c.Mid.,540,24.)— 10. (Lysisti., ■28.)— 11. (iv., 102.)— 12. (MuUer, Dorians, iv., 6, ^ 8, p. 351, 358, trai)BlO— 13. (ix., 126.)— 14. (s. v.— Schol. in .irstoph., E8uit...793i.T-F.iistath..in II. p. 861 : in Od., p. 1818.) BIBLIOTHECA. BIBJJOPO'LA, a bookseller,' J3i6?u(»r£)7iii;,' also railed Hbrarius,' in Greek also PiiUav kuttti^oc, or /3v?i4icav KaTiov/aevLiv piiiai- uv, instead of Kat vofw^XuKuv nal KaXovfcevQv (3i- dialav : but the inscriptions given by Bockh show that the bidiaji and vojio^'KaKE^ were two separate classes of officers. BIGA or BIG^, in Greek avvupia or cvvapic, (bijuge curriculum.^'), a vehicle drawn by two horses or other animals. This kind of turn-out is said by Pliny (bigas prirnum Phrygum junxit natio") to have been invented by the Phrygians. It is one of the most ancient kinds, and in Homer by far the most common (di^vyot miroi."). Four-horse chariots are also mentioned." Pliny'* mentions a chariot drawn by six horses. This was the largest number usual under the emperors ;" but Suetonius speaks of one which Nero drove at the Olympic games, drawn by ten horses." The name biga was applied more to a chariot used in the circus, or in processions or tri- umphs, and on other public occasions, than to the common vehicles of every-day hfe." The form of the biga resembled that of the Greek up/ia or dt^poc, being a rather short carriage on two wheels, open above and behind, upon which the driver usually stood to guide the horses. See the cut in the next article. (Vid. Bioatus.) BIGATUS (i. e., nummus), a silver denarius, on which the representation of a biga was stamped." This was an ancient stamp on Roman money, as we learn incidentally from Tacitus, who says" that the Germans, although mostly practising barter, still had no objection to old and well-known coins (pccuniam vetercm et diu notam), such as bigati. Bigati were also called argentum bigalum.'" The^, value was different at different times. ( Vid. Dena- rius.) A denarius, on which the representation of a quadriga was stamped, was in the same manner called QuadrigatHs. The annexed cuts, represent- ing a bigatus and quadrigatus, are taken from coins in the British Museum BIPA'LIUM. (Vid. Pai.a.) 1. (Nat. Qniest., ii., 53.)— 2. (Pers., Sal., ii., 27.— Plin., II. N., li., 54.)— 3. (Paus., iii., 11, t, 2.)^. (Pans,, 1. c.)— 5. (BiJcldi, Corp. Insorip., No. 1271, 1364.)— 6. (BOckh, Corp. Inscrip., p. 611.)— 7. (Compare MuUer, Dorians, iii., 7, >) 8, p. 132, 133, transt.)— 8. (in Herod., vi., 57.)— 9. (1. c.)— 10. (Suet., Calig., 0.19.)— 11. (vii., 56.)— 12. (11., v., 195.)— 13. (Compare II., viii , IBS.— Od., xiii., 81.— Virg., Georg., iii., 18.)-14. (H. N., xxxiv. 5.)— 15. (Isidor., Grig., xviii., 36.)— 16. (Ner., c. 24.) — 17 (Compare Suet., Tib., c. 26.— Domit., c. 4.)~18. (Plin., H. N. xxxiii., 3.— Liv., xxiii., 15 ; xixvi., 40.)— 19. (Germ , c. 9.)-.n (Liv., xiiiii., 23, 27 ; xiiiv., 46 ; xixvi., 31 ) 150 ai&UA blTIJMEN. fllPENNIS. ( Vid. SEcnKis.) BIRE'MIS W3 3 used ia two significations. I. It signified a ship with two banks- of oars, an explana- tion of the construction of which is given in tlie ar- ticle Na Tis. Such ships were called SUpora by the Greeks which term is also used by Cicero (Ipse Domilius dona plane habet dicrota^) and Hirtius {Capit ex eo prcelio penterem unam, triremes duos, di- crotas octo'). 11. It signified a boat rowed by two oars,' in which sense it must be used by Horace when he says : '■ Tunc me, biremis prasidio scaphce, Tutum per JEgeos tunadtus Auraferet, geminusque Pollux."'' lilRRHUS (/3ip/5of, p^pos), a cape or hood, which was worn out of doors over the shoulders, and was sometimes elevated so as to cover the head. On the former account it is classed by an ancient gram- marian with the lacerna,, ani on the latter with the cowl, or cucuUus.' It had a, long nap {amphiballus', i. e., amphimalius, villosus'), which was commonly of sheep's wool, more rarely of beaver's wool (JtV- rhus castoreus''). In consequence of its thickness, it was also rather stiff {byrrhum rigentem'). Accord- ing to the materials of which it was made, it rnight be either dear,' or so cheap as to be purchased by the common people. These garments, as well as lacernse, were woven at Canusium in Apulia ; and probably their name {byrrhus, i. e., nvj!)f)o() was derived from the red col- our of the wool for which thpt district was cele- brated. They were also made in different parts of Gaul, especially among the Atrebates." Soon af- terward they came into general use, ,so that the birrhus is mentioned in the edict of Diocletian, pub- lished A.D. 303, for the purpose of fixing ai maxi- mum of prices for all the articles which were most commonly iised throughout tho Rom9n empire. *BISON (jS/iTui'), "the PSTiie of a sub-genus Of the genusAoi ('ox'), comprehending two living spe- ' 'ies, one of them tlio }^uropean, now becOfine very' Scarce, and verging iowards extinction ; the other the American, and, notwithstan(jingthe advances of man, still multitudinous. A good deal of conflicting opinion has thrown some obscurity over the Euro- pean species. Pennant, in his 'British Zoology,' Eifter stating his belief that the ancient wild cattle of Britain were the Bisontes jubati of Pliny, thus continues : ' The Urus of the Hercynian forest, de- scribed by Caasar, was of this kind, the same which is called by the modern Germans Aurochs, i. e., Bos syloestris.' This opinion is not correct. Though there are parts of Caesar's description applicable to the European Bison, there is one striking character- istic which forbids us to conclude that Caesar's Urus was identical with it. A glance at the European Bi- son will convince us that it could never have afforded the horns whose amplitude Caesar celebrates. In the Archceologia (vol. iii., p. 15) it is stated, that the Borstal horn is supposed to have belonged to the bison or buffalo. That it might have belonged to a buffalo is not impossible ; but that it did not belong to a bison is sufficiently clear, from the following de- scription : ' It is two feet four inches long on the convex bend, and twenty three inches on the con- cave. The inside at the large end is three inches diameter, being perforated there so as to leave the thickness of only half an inch for about three inches deep ; but farther on it is thicker, being not so much 1. (AaAtt.,xvi,4, H.)— 2. (EeU. Alex., c. 47.)— 3. (Luoan,' »iu., S6S ; I., Sai— 4. (Od., lii., xxix., 62.— Soheffer, De MiU- ti« NavKli, ii., c. 2, p. 68.)— 5. (Sohol. in Juy.,,viii., 145. Sohol in Pers., i., 54.)— 6. (Papins, &c., ap. Adelung, Glossar. Matatk, vol. i.. p. 220, 693.)— 7. (Claudian, Epigr,, 37.)— 8. (Sulp. Sev., Dial., 14.) — 9., (Claudiaji, 1. c. — " pretiusum :" Au- eusti^., Scrm.)— 10. (Yopisc, Car., c. 20.) IfiO or so neatly perforated.' Such a horn mvght indeea have crowned the head of Cssar's Urus, a species which Cuvier believes to be extinct. Caesar's Urus, then, was not, as it would appear, the European Bi- son. There, can be little doubt that the Bison jur batus of Pliny,' which he seems to distinguishfrom the Urus, was the European Bison, or Aurochs ; and though, in the fifteenth chapter of the eighth book, he mentions the tradition of a wild beast in Paeonia, called a Bonasus, after he has dismissed his Bi- sonles jubali, and with every appearance of a con elusion on his part that the Bonasus and Bison were not identical, his own description, when com- pared with that of Aristotle,' will leave little doubt that the Bison jubatus and Bonasus of Pliny and others, the Bovaaoog or Bovauoj- of Aristotle (for the word is written both ways), and the BLgtuv of Op- plan, were no other than the European iisoM, the Aurochs (AuerochsJ of the Prussians, the Zubr of the Poles, the Taurus Pceonius, &c., of Jonston and others, V Aurochs and le Bonasus of Buffon, Boa Urus of BoddiErt, and Bos Bonasus of Linnaeus. Oli- vier considers it as certain, that the European Bi- son, the largest, or, at least, the. most massive of all existing quadrupeds after the rhinoceros, an animal still to be found in some of the Lithuanian forests^ and perhaps in those of Moldavia, Wallachia, and the neighbourhood of the Caucasus, is a distincl species, which man has never subdued. Following out this subject with his usual industry and ability; that great naturalist goes on to state, that if Europe possessed a Urus, a Thur of the Poles,' different from the Bison or the Aurochs of the Germans, it is only in its remains that the species can be traced ; such remains are found, in the skulls of a species oi ox, different from the Aurochs, in the superficial beds of certain districts. , This, Cuvier thinksj must be the Urus of the ancients, the original, of our do- mestic Ox ; the stock, perhaps, whence our lyild cut- tle descended ; while, the Aurochs of the present day is nothing more than the Bison or Bonasus of the ancients, a Species which has never been brought under the yoke.— The elevated ridge of the spine on the shoulders, long legs, a woolly fur, and the residence in mountain forests, cause the Bison to approach nearer theDamaline and Catobleipine gen- era than the Buffaloes."' For some remarks on the knowledge possessed by the ancients of the lat- ter, consult article Bubalis. BISSEXTUM. (Fid. Calendak, Roman,)' BISSEXTUS, or BISSEXTILIS ANNUS. (Vii. Calendah, Roman.) ♦BITUMEN, a Latin word used by Tacitus, Pliny, and other Roman writers, to indicate !( spe- cies of mineral pitch or oil. The term appears to have some analogy with the Greek Tthaa, mrra, "pitch," its earlier form having probably been" y»(- umen." The corresponding Greek word is ua^aXrDf (in modern Latin asphaltum), for which no satisfac- tory derivation has been assigned. The most ap- proved kind of Bitumen was the Jewish, from Lake Asphaltites (Dead Sea) ; but Bitumen in various states, from that of tiuid transparent naphtha, to that of dry, solid, black asphaltum, was well known and much used among the ancients. They_ appeal to have employed both Maltha and melted Asphal- tum as a cement in the construction of buiidjngs, &c. Thus the bricks of which the walls of Baby- lon were constructed were cemented by a. bitumen, which was found abundantly in that vicinity on springs, or floating on the river Is, which fell into the Euphrates. Asphaltum or Maltha, either' pure or mixed with, a liquid extracted from the cedar was employed by the Egyptians in embalming dead 1. (H. N., Tiii., 15 ; xxviit, 10.)— 2. (H. \., ii., 2.)-3. (Fen- ny Cyclopied., iv., p. 461.) BLATTA. BCEO'JARCH bodies.' In Syria, Asphaltum was dug from quar- ries in a solid state ' In Zante (tlie ancient Zacyn- luus) tl.oie is a pitch spring, wliicli we know to have been at worii for above 2000 years.' At Ag- ngentum, in Sicily, a species of liquid bitumen was ourned in lamps as a substitute for oil.* The prin- cipal ing .idient in the celebrated Greek fire is sup- posed by Klapiolh to have been some variety of iVsphaltum. — Bitumen is now employed as a generic term, comprehendmg several inflammable bodies of different degrees of consistency, namely. Naphtha, Tetroleum, Alineral Tar, Mineral Pitch, and .Isphal- lum. From the description of uaipaXTOQ given by Dioscorides, it would appear that he applied the term not only to the Bitumen solidu-m, or Aspkaltum, of Wallerus, but likewise to the more liquid sorts of bitumen." BAABHS AIKH {l3U6iis A'/c^). This action was available in all cases in which one person had sus- tained a loss by the conduct of anotlier ; and from the instances that are extant, it seems that wheth- er the injury originated in a fault of omission or commission, or impaired the actual fortune ■:( the plaintiff or his prospective advantage, the action would lie, and might be maintained, against the de- fendant. It is, of course, impossible to enumerate ill the particular cases upon which it would arise, out the two great classes into which j32A6ai, may be divided are the ivBiaij.01. and the udea/ioc. The first of these will include all causes arising from the non- fulfilment of a contract to which a penal bond was annexed, and those in which the law specified the penalty to be paid by the defendant upon conviction ; the second, alt injuries of property which the law did not specify nominatim, but generally directed to be punished by a fine equal to twice the estimated damage if the offence was intentional, if otherwise by a bare co^npensation.' Besides the general word fS/lufij^r, others more specific, as to the nature of the case, are frequently added to the names of ftctions of this kind, as avdpaTTodtjv, Terpairoduv, fie- tcMlut), and the like. The declaration of the plain- tiff seems always to have begun with the words "EfiAot/JE |Uf, then came the name of the defendant, and next a description of the injury, as oi«. arroSi- <5oiif iftol TO apyvpiov in Demosthenes.' The prop- er court was determined by the subject of litiga- tion ; and when we consider that the damage done by Philocleon to the oake-woman's basket," and supposititious testimony given in the name of anoth- er, thereby rendering such person liable to an ac- tion, iptydo/iaprupcCiv,^ were equally ;3Aufct at Attic law, the variety of the actions, and, consequently, of the jurisdictions under which they fell, will be a sufficient excuse for the absence of farther specifi- cation upon this point. *BLATTA (aiX(pTi), a name given by the Latin writers to an insect of the family of the Orthoptera, and of which they were acquainted with several kinds. From their shunning the light, Virgil" has given them the epithet of Lucifuga. Our cockroach belongs to the Blattse, being the Blatta Americana. Pliny" mentions several medical applications of Blattse, after having been either triturated or boiled in oil. They were found serviceable in complaints of the ear, in cases of leprosy, and in removing warts. Schneider supposes the aiX^ri of Lucian to belong to the class Lepisma, L. The aiX^ri of Di- oscorides would seem to be the Blatla Orientalis." 1. (Clfiaveland's Mineralogy, vol. ii., p. 491.) — 2. (Vitmv., Tiii., 3-*.)— 3. (Herod., iv., 195.)— 4. (Dioscor., i., 99.)— 5. (Ad- ' •ms, Af pond., s. V. a9.)— 5 (Thes., 27.) — ft' (Ion., 59.) —7. (Thiicyd., i., 12.) — 8. (Pans., ix., 3, 6 4.) — » (Arnold, ITiucyd., iv., 76.)— 10. (iv., 93.) 161 BCEOTARCH. BOLBOI. mentions seven by name ; and gives us reasons for concluding thai, in the tim(3 of the Peloponnesian war, they were ten or twelve in number, Thebes being the chief. Plataea had withdrawn from them, and placed itself under the protection of Athens as early as B.C. 519 ; and in B.C. 374, Thespia;, an- other member of the league, was destroyed by the Ihebans.' Each of thn prmcipal towns of Boeotia seems to have had its (S^/iof and /3ouA^.' The ISovh'i was presided over by an archon, who probably had suc- ceeded to the priestly functions of the old kings, but possessed little, if any, executive authority. The polemarchs, who, in treaties and agreements, arc mentioned next to the archon, had some exec- utive authority, but did not command forces ; e. g., they could imprison," and they directed the levies of troops. But, besides the archon of each separate state, there was an archon of the confederacy — upxuv h Koivu BoiuTuv, most probably always a Theban.* His name was affixed to all alliances and compacts which concerned the whole confed- eracy, and he was president of what Thucydides" calls the four councils, who directed the affairs of the league (uttov to Kvpoq ix"'""')- 0" important questions they seem to have been united ; for the same author speaks of them as ii /3ouA^, and in- forms us that the determinations of the Bceotarchs required the ratification of this body before they were valid. We will now explain who these Bceo- tarchs were. They were properly the military heads of the confederacy, chosen by the different states ; liut we also find them discharging the functions of an executive in various matters. In fact, they are represented by Thucydides' as forming an alliance with foreign states ; as receiving ambassadors on their return home ; as negotiating with envoys from other countries ; and acting as the representatives of the whole league, though the ^ovWri refused to sanction the measures they had resolved on in the particular case to which we are now alluding. An- other instance in which the Bceotarchs appear as , executive is their interference with Agesilaus, on his embarking from Aulis for Asia (B.C. 396), when they prevented him offering sacrifice as he wish- ed.' StiU the principal duty of the Bceotarchs was of a military nature : thus they led into the field the troops of their respective states ; and when at home, they took whatever measures were requisite to forward the military operations of the league or of their own slate : for example, we read of one of the Theban Bceotarchs ordering the Thebans to come ih arms to the ecclesia for the purpose of being ready to attack Platsa." Each state of the confederacy elected one Boeolarch, the Thebans two;' although undone occasion, i. e., after the re- turn of the exiles with Pelopidas (B.C. 379), we read of there being three at Thebes.'" The total number from the whole confederacy varied with the number of the independent states. Mention is made of the BcEotavchs by Thucydides," in connexion with Ge battle of Delium (B.C. 434). There is, however, a difference of opinion with respect to his meaning : some understand him to speak of eleven, some of twelve, and others of thirteen Bceotarchs. Dr. Ar- nold is disposed to adopt the last number ; and we think the context is in favour of the opinion that there were then thirteen Bceotarchs, so that the number of free states was twelve. At the time of the battle of Leuctra (B.C. 371), we find seven Bce- 1 (Clinton, F. H., pt. ii., p. 396. — Thncyd., iii., 65.)— 2. (Xen., IleU., v., 2, 1, 20.— B3ckh, Corp. Inscr.)— 3. (Xen., Hell., 1. o.)— 4. (BBckh, Inscr., 1593.)— 5. (v., 38.)— 6. (v., 38.)— 7. (Plut., Aros., (1.— Xen., Hell., iii., 4, t) 4.) — 8. (Paus., ix., 1, i SO— 9. (Thucyd., ii., 2; iv , 91 ; vii., 30.-Diod. Sic, xv., 51.) — in. (I'lut., Pol-.D., 13.)— 11. (iv.. 91.) 162 otarchs mentioned ;' on another (ecasion, when Greece was invaded by the Gauls (B.C. 279), wb read of four. Livy" states that there were twelve ■ but, before the time (B.C. 171) to which his stalft ment refers, Platsea had been reunited to the leagiip. Still the number mentioned in any case' is no tesi of the actual number, inasmuch as we are not suro that all the Bceotarchs were sent out by their rs- spective states on every expedition or to eve 15 battle. The Bceotarchs, when engaged in military set. vice, formed a council of war, the decisions of whicli were determined on by a majority of votes, the pres. ident being one of the two Theban Bceotarchs who commanded alternately.' Their period of service was a year, beginning about the winter solstice ; and whoever continued in office longer than his time, was punishable with death both at Thebes and in other cities.' Epaminondas and Pelopidas did so on their invasion of Laconia (B.C. 369), but their eminent services saved them ; in fact, the judges did not even come to a vote respecting the former (oiSe apxvv nepl avrov ^eaBcu tijv jp^ipov'). At the expiration of the year, a Boeotarch was eligi- ble to office a second time, and Pelopidas was re- peatedly chosen.' From the case of Epaminondas and Pelopidas, who were brought before Theban judges (SiKaarai) for transgression of the law which limited the time of office, we may conclude that each Boeotarch was responsible to his own state alone, and not to the general body of the four coun- cils. Mention is made of an election of Bceotarchs by Livy.' He farther informs us that the league {con- cilium) was broken up by tire Romans B.C. 171.' Still it must have been partially revived, as we are told of a second breaking up by the Romans after the destruction of Corinth, B.C. 146." *BOCA or BOCE ((Siixi?, Aristot. : ;9 3.)— 2. (ilii.,43.| —3. (Thucyd., iv., 91.— Died. Sic, xv., 51.)— 4. (Plut., Peloii, 24.— Paus., ix., 14, « 3.)— 5. (Paus., 1. c)— 6. (Plut., Peloll )- 7. (xxxiii., 27; xlii., 44.)— 8. (Compare Polyb., xxviii., 3,? 11: rd BotuiTwv Wvo^ KarcXvdv-)—^- (Paus., vii., 10, ^ ().) — 10. (1! A., iv., 8.)— 11. (Adams, AppeniJ.. s. v.)— IS. (Theophrast., 41 P..i.,69i vii., 13; viji.,8.— Dinsr r.. ii.. 500, 91 1.)- -;3 Imi" xxi.. 1. — CumniKut. ir, Paul. Jt'an. , ;). ;,h • BONA. BONA. tniis comoiuj. Stackhouse hesitates between a species of Gailio and one of Squills. ' The truth of tiie matter would appear to be, that, as various bulbous roots are possessed of emetic powers, the term was applied in a loose manner by the ancients. Dioscorides and most of the medical authorities >>tate that the esculent Bulbus is aphrodisiacal.' BOMBYL'IUS (,po/i6vXioc), a drinking- vessel with a very narrow mouth, whence it is called aiato/ioc or aTevoaTojioc' The name is supposed to have been formed from the noise which water or any liquid makes in passing through a nanow opening ♦BOMBYL'IUS (Pofiiiltoey, a species of insect, of the order Diptera, distinguished chiefly by hav- ing a long proboscis, with which they sip the sweets from flowers. In their flight they emit a humming sound, whence their name, from 'po/iSia, "to hum." Aristotle would appear to have been well acquaint- ed with the three species which modern naturalists have named Bomhylius major, B. minor, and B. medi- us. These, however, must not be confounded with the Bombyx mori, or Silkworm. BOMBYX. (Vid. Sekica.) BO'MOS. {Vid. Aka.) BONA. The word bona is sometimes used to express the whole of a man's property ;* and in the phrases bonorum emtio, cessio, possessio, ususfruc- tus, the word " bona" is equivalent to property. It expresses all that a man has, whether as owner or merely as possessor, and everything to which he has any right. But the word bona is simply the property as an object ; it does not txp.ess the na- ture of the relation between it and the person who has the ownership or the enjoyment of it, any more than the words " all that I have," " all that I am worth," " all my property," in English show the le- gal relation of a man to that which he thus de- scribes. It is of some importance to understand the nature of the legal expression in bonis, as oppo- sed to dominium, or Quiritarian ownership, and the nature of the distinction will be easily apprehended by any person who is slightly conversant with Eng- lish law. " There is," says Gaius,' " among foreigners iperegrini) only one kind of ownership {dominium), so that a man is either the owner of a thing or he is not. And this was formerly the case among the Roman people ; for a man was either owner ex jure Quiritium, or he was not. But afterward the own- ership was split, so that now one man may be the owner {dominus) of a thing ex jure Quiritium, and yet another,may have it in bonis. For instance, if, in the case of a res mandipi, I do not transfer it to you by niancipatio, nor by the form in jure cessio, but merely deliver it to you, the thing, indeed, be- comes your thing (in bonis), but it will remain mine ex jure Quiritium, until by possession you have it by usucapion. For when the usucapion is once complete, from that time it begins to be your S abso- lutely {plena jure), that is, it is yours both in bonis, and also yours ex jure Quiritiumt just as if it had been mancipated to you, or transferred to you by the in iure cessio." In this passage Gaiiis refers to the three modes of acquiring property which were the peculiar rights or privileges of Roman citizens, mancipatio, in jure cessio, and usucapion, which are also particularly enumerated by him in another pas- sage.* From this passage it appears that the ownership of certain kinds of things among the Romans, called res mancipi {vid. Mancipium), could only be trans- it (Adams, Append., s. t.)— 2. (Pollux, Onom., x., 68.)— 3. (Pollux, vi., 98.- — Hesych., 8. v. — Vid. Casaub. in ALhen., p. ♦56, 784.)— 4. (Pavilus, Reocpt. Simtent., v., C, 16.— Di?. 37, tit. ". s. 3 ; 50, tit. 16, s. 49.)— 5. (ii., 40.)— 6. (ii.. 65.) ferred from one person to another with certain for- malities, or acquired by usucapion. But if it Waa clearly the intention of the owner to transfer the ownership, and the necessar) forms only were wanting, the purchaser had the thing in bonis, and he had the enjoyment of it, though the original owner was still legally the owner, notwithstanding he had parted with the thing. It thus appears that Quiritarian ownership of res mancipi originally and properly signified that own- ership of a thing which the Roman law recognised as such ; it did not express a compound, but a sim- ple notion, which was that of absolute ownership. But when it was once established that one man might have the Quiritarian ownership, and anotbM the enjoyment, and the sole right to the enjoyment of the same thing, the complete notion of Quiritarian ownership became a notion compounded of the strict legal notion of ownership, and that of the right to enjoy, as united in the same person. And a.s a man might have both the Quiritarian ownership and the right to the enjoyment of a thing, so one might have the Quiritarian ownership only, and another might have the enjoyment of it only. This bare ownership was sometimes expressed by the same terms {ex jure Quiritium) as the ownership which was complete, but sometimes it was appropriately called nudum jus Quiritium,^ and yet the person who had such bare right was still called dominus, and by this term he is contrasted with the usufruc- tuarius and ihe bona jidei possessor. The historical origin of this notion, of the separa- tion of the ownership from the right to enjoy a thing, is not known, but it may be easily conjectured. When nothing was wanting to the transfer of own- ership but a compliance with the strict legal form, we can easily conceive that- the Roman jurists would soon get over this difliculty. The strictness of the old legal institutions of Rome was gradually relaxed to meet fee wants of the people, and in the instance already mentioned, the jurisdiction of the praetor supplied the defects of the law. Thus, that interest which a man had acquired in a thing, and which only wanted certain forms to make it (juiri- taria'n ownership, was protected by the i)rsetor The praetor could not give Quiritarian ownership, but he could protect a man in the enjoyment of a thing — he could maintain his possession : and this is precisely what the preetor did with respect to those who were possessors of public land ; they had no ownership, but only a possession, in which they were protected by the praetor's interdict. ( Yid. AgeaeijE Leoes.) That which was in bonis, then, was that kind of interest or ownership which was protected by the praetor, which interest may be called bonitarian or beneficial ownership, as opposed to Quiritarian or bare' legal ownership. It does not appear that the word dominium is ever applied to such bonitarian ownership, except it may be in one passage of Gai us,' the explanation of which is not free from diffi- culty. That interest called in bonis, which arose from a bare tradition of a res mancipi, was protected by the exceptio and the actio utilis in rem." Possessio ia the general name of the interest which was thus protected. The person who had a thing in bonis and ex justa causa, was also entitled to the actio Pub- liciana in case he lost the possession of the thing before he had gained the ownership by usucapion.* The phrases bonorum possessio, bonorum pos- sessor, might then apply to him who has had a re« mancipi transferred to him by tradition only ; but the phrase applies also to other cases, m which the 1. (Gaius, iii., 100.)— 2. (i., 54.)— 3. (Dig. 41, tit. 1, 8. 52.)- 4. (Gaius, iv., 36.) 103 BONA CaDUCA BONA RAPTA. pnetor, b> the help of fictions, gave to persons the beneficial interest to whom he couM not give the ownership. When the praetor gave the goods of the debtor to the creditor, the creditor was said in possessionen i rerum, or honoritm debitoTis mitti.^ ( Vid. GoNORUM Emtio, Bonoruh Possessio.) As to things nee inancipi, the ownership might !)e transferred by bare tradition or delivery, and «ujh ownership was Quiritarian, inasmuch as the Koman law required no special form to be observed m the transfer of the ownership of res nee mancipi. Such transfer was made according to the jus gen- tium (in the Koman sense of that term)." On this subject the reader may consult a long es- say by Zimmern, Ueher das Wesen des sogenannten banitarischen Eigenthums.' BONA CADU'GA. Caducum literally signifies that which falls : thus glans caduca, according to Gains,* is the mast which falls from a tree. Cadu- cum, in its general sense, might be anything witli- oi-'; an owner, or what the person entitled to neg- .ected to take ;' but the strict legal sense of cadu- cum and bona caduca is that stated by Ulpian,' which is as follows : If a thing is left by testament to a person who has then a capacity to take it by the jus civile, but from some cause does not take it, that thing is called caducum : for instance, if a legacy was left to an unmarried person, or a Latinus Junianus, and the unmarried person did not, within a hundred days, obey the law by marrying, or if, within the same time, the Latinus did not obtain the Jus Quiritium, the legacy was caducum. Or if a /teres ex parte, or a legatee, died after the death of the testator, and Sefore the opening of the will, the thing was cad-^ ■um. The thing which failed to come to a person in conseqi^ence of something happening in the life o! the testator, was said to be in causa caduci ; that rt'hioh failed of taking effect between the death of the testator and the opening of the will, was called simply caducum. The law above alluded to is the Lex Julia et Pa- fiia Poppisa, which is sometimes simply called Julia, or Papia Pnppaea. This law, which was passed in the time of Augustus (B.C. 9), had the double ob- ject of encouraging marriages and enriching the treasury — cerarium,'' and contained, with reference to these two objects, a great number of provisions. Martial' alludes to a person who married in order to comply with the law. That which was caducum, came, in the first place, to tiiose among the heredes who had chil- dren ; and if the heredes had no children, it came among those of the legatees 'who had children. The law gave the jus accrescehdi, that is, the right to the caducum as far as the third degree of con- sanguinity, both ascending and descending,' to those who were made heredes by the will. Under the provisions of the law, the caducum, in case there was no prior claimant, belonged to the aerarium ; or, as Ulpian" expresses it, if no one was entitled to the Ijonorum possessio, or if a person was entitled, but did not assert his right, the bona became public property {populo deferuntur), according to the Lex Julia caducaria ; but by a constitution of the Em- j'oror Antoninus Caracalla, it was appropriated to tiie fiscus : the jus accrescendi above mentioned wa^, however, still retained. The lawyers, how- evef' (viri pmdentissimi), by various devices, such as substitutions, often succeeded in making the law of no effect. 1. (Dig. 42, tit. S, B. 14, *c.)— 2. (Gajus, ii,, 26, 41, 20 Ulp., Frag., i., 16.)— 3. (Rheinisch Museum, fiir Jurispr,, iii., 3.)— 4, (Dig. 50, tit. 16, s 30.)— 5. (Cic, Oral., iii,, 31,— Phil., x., 5,)— 6 (Frag., xvii.)~7. (Tacit., Asm., iii., 25,j— 8. (Ep„ v., 75.1- It (XTlp,, Frag., iviii.)— 10. Ir.v.m.,1,) 1154 He who took the portion of a heres, which he came caducum, took it by universal succession : in the case of a legacy, the caducum was a singula) succession. But he who took an hereditas caduca, took it with the bequests of freedom, of leg£.cies, and fidei commissa with which it was burdened : il the legata and fidei commissa became caduca, all charges with which they were burdened became caduca also. In the time of Constantine, both the ccelebs and the orbus, or childless person (who was under a limited incapacity), obtained the full legal capacity of taking the inheritance.' Justinian' pu! an end to the caducum, with all its legal consequen- ces. In this last-mentioned title (De Caducis LoUen- dis) it is stated both that the name arid the thing (nomen et materia caducorum) had their origin in the civil wars, that many- provisions of the lav/ were evaded, and many had become obsolete.^ As to the Dos Caduca, see DOS. BONA FIDES. Tiiis term frequently occurs in the Latin writers, and particularly in the Roman jurists It can only be defined with reference to things opposed to it, namely, mala fides, and dolus malus, both of which terms, and especially the lat- ter, are frequently used in a technical sense. (Yul Dolus Malus.) Generally speaking, bona fides implies the absence of all fraud, and unfair dealing or acting. In thio sense, bona fides, that is, the absence of all fraud, whether the fraud consists in simulation or dissim- ulation, is a necessary ingredient in all contracts. Bona fide possidere applies to him who lias acqui- red the possession of a thing under a good title, ai he supposes. He who possessed a thing bona fide, had a capacity of acquiring the ownership by usuca- pion, and had the protection of the actio Publiciana. Thus a person who received a thing either mancipi or nee mancipi, not from the owner, but from a per- son whom he believed to be the owner, could ao» quire the ownership by usucapion.' A thing whi(ih was furtivia or vi possessa, or the rbs mancipi of a female who was in the tutela of her agnati, unless it was delivered by her under the auctoritas of her tutor, was not subject to usucapion, and therefore, in these cases, the presence or absence of bona fides was immaterial.' A person who bought from a pu- pillus without the auctoritas of his tutor, or with the auctoritas of a person whom he knew not to be the tutor, did not purchase bona fide ; that is, he was guilty of a legal fraud. A sole tutor could not pur- chase a thing bona fide from his pupillus ; and if he purchased it from another, to whom a non bona fide sale had been made, the transaction was null.' A bona fide possessor was also protected as to property acquired for him by another person.' In various actions arising i»at of mutual dealings, such as buying and selling, lending and hiring, part- nership, and others, bona fides is equivalent to iequum and justum ; and such actions were some- times called bonae fidei actiones. The formula ol the praetor, which was the authority of the judex, empowered him in such cases to inquire and deter- mine ex bona fide, that is, according to the real mer- its of the case." BONA RAPTA. The actio vi honorum raptorm was granted by the pi-cetor against those who had by force carried off a man's property. The oflenoe was, in fact, a species of furtum. If the person in- jured brought his action within one year after the 1. (Cod. viii., 51!.)— 2. (Cod. vi., 51.)-i3. (Gains, ii., 207 ; iii 144, 286. — Lipsius, Excurs. ad Tacit., Ann., iii., 25.— Marezoll, Lehrbuch der Institut. des RSm. Reclits.) — 4. (Gaius, ii., 43.— Ulp., Frag., xix., s. 6.)— 5. ^Gaiua. i., 192; ii., 45, &c.— Cic, ad Att., i., 5.— Pro Flacco, c. it4.,— 6. (Dig. 26, tit. 8.)— 7. (S» vigny. Das Recht des Besitzes, p. 314, d-c.)-r.8. (Gaius, iv., 68 — Cic, Off., iii., 17.— Topic, c 1 ". — Erissonins, De Fornmli'i &c., lib. V.) BONi.'KUM CESSIO. ILONORUM POSSESSrO. •ime when he was first able to bring his action, tie ■ight recover fiiurfolcl ; if after tiie year, he only 3Coverecl the value of the goods. If a slave was vhe ottender, .he owner of the goods had a nuxalis actio against the master.' BONA VACAN'TIA was originally the property which a person left at his death without having dis- posed of it by will; and without leaving any heres. Such property \i'at; open to occupancy, and so long as the strict laws of inheritance existed, such an event must not have been uncommon. A remedy was, however, found for this by the bonorum pos- sessio of the prsetor. It does not appear that the state originally claim- ed the property of a person who died intestate and without heredes legititni. The claim of the state to such property seems to have been first established by the Lex Julia et Papia Poppaea. (Vid. Bona Cadhoa.) The state, that is, in the first instance the aerarium, and afterward the fiscus, did not take such property as heres, but it took it per universita- tem. In the later periods of the Empire, in the case of a soldier dying without heredes, the legion to which he belonged had a claim before the fiscus ; and various corporate bodies had a like preference in the case of a member of the corporation dying without heredes." BONO'RUM CESS'IO. . There were two kir.ds of bonorum cessio, in jure- and extra jus. The in jure cessio is treated under its proper head. The bonorum cessio extra jus was introduced by a Julian law, passed either in the time of Julius Cae- sar or Augustus, which allowed an insolvent debtor to give up his property to his creditors. The debt- or might declare his willingness to give up his prop- erty by letter or by a verbal message. The debtor thus avoided the infamia consequent on the bono- liim emtio, which was involuntary, and he was free flora all personal execution. He was also allowed to retain a small portion of his property for his sup- port. An old gloss describes the bonorum cessio thus : " Cedere bonis est ab universitale rerum sua- rum reccdere." The property thus given up was sold, and the proceeds distributed among the creditors. The purchaser, of course, did not obtain the Quiritarian ownership of the property by the act of purchase. [f the debtor subsequently acquired property, this also was liable to the payment of his old debts, with some limitations, if they were not already fully sat- isfied. The benefit of the lex Julia was extended by the imperial constitutions to the provinces. The history of the bonorum cessio does not seem quite clear. The Julian law, however, was not the oldest enactment which relieved the person of the debtor from being taken in execution. The lex Pcetelia Papiria (B.C. 327) exempted the person of the debtor {nisi qui noxam meruisset), and only made his property {bon/i) liable for his debts. It does not .ippeaT from the passage in Livy' whether this was 11 bonorum cessio in the sense of the bonorum ces- sio of the Julian law, or only a bonorum emtio w(ith the privilege of freedom from arrest. The Tablet of Ueraclea* speaks of those qui in jure bonam copi- amjurabant; a phrase which appears to be equiva- lent to the bonorum cessio, and was a declaration on oath in jure, that is, before the praetor, by the del'ior that his property was sufficient to pay his debts. Buv this was still accompanied with infa- mia. So far as we can learn from Livy, no such declaration of solvency was required from the debt- s' by the Pcetelia lex. The Julian law rendered the process of the cessio bonorum more simple, bj making it a procedure extra jus, and giving farthet privileges to the insolvent. Like several other Ju- lian laws, it appears to have consolidated and ex- tended the provisions of previous enaetmfints.' BONO'RUM COLLA'TIO. By the strict rules of the civil law, an emancipated son had no rigl\t to the inheritance of his father, whether ho died tes- tate o'- intestate. But, in course of time, the prae- tor gr .nted to emancipated children the priviloge ol equal succession with those who remained in the powur of the father at the time of his death ; and this grant might be either contra tabulas or ab intcs- alo. But this favour was granted to emancipated .hildren only on condition that they should bring nto one common stock with their father's property, and for the purpose of an equal division among al' the father's children, whatever property they had at the time of the father's death, and which would have been acquired for the father in case they had still remained in his power. This was called bo- norum coUatio. It resembles the old English hotch- pot, upon the principle of which is framed the pro- vision in the statute 22 and 23 Charles II., c. 10, s 5, as to the distribution of an intestate's estate." BONO'RUM EM'TIO ET EMTOR. The ex pression bonorum emtio applies to a sale of the property either of a living or of a dead person. It was in effect, as to a living debtor, an execution. In the case of a living person, his goods were liable to be sold if he concealed himself for the purpose ol defrauding his creditors, and was not defended in his absence ; or if he made a bonorum cessio ac- cording to the Julian law ; or if he did not pay any sum of money which he was by judicial sentence ordered to pay, within the time fixed by the laws of the Twelve Tables^ or by the prsotor's edict. In the case of a dead person, his property was sold when it was ascertained that there was neither iie res nor bonorum possessor, nor any other person entitled to succeed to it. In this case the property belonged to the state after the passing of the Lex Julia et Papia Poppaea. If a person died in debt, the praetor ordered a sale of his property on the ap- plication of the creditors* In the case of the prop- erty of a living person being sold, the praetor, on the application of the creditors, ordered it to be possess- ed {■possideri) by the creditors for thirty successive days, and notice to be given of the sale. The cred- itors were said in possessionein rerum dchitoris mitti : sometimes a single creditor obtained the possessio. When several creditors obtained the possessio, it was usual to intrust the management of the busi- ness to one of those who was chosen by a majority of the creditors. The creditors then met and chose a magister, that is, a person to sell the property,' or a curator bonorum if no immediate sale was intend- ed. The purchaser, emtor, obtained by thosale only the bonorum possessio : the property was his in bo- nis until he acquired the Quiritarian ownership by usucapion. The foundation of this rule seems to be, that the consent of the owner was considered necessary in ordef to transfer the ownership. Both the bonorum p»ssessores and the emtores had no legal rights (directa actiones) against the debtors of the person whose property was possessed or pur- chased, nor could tiiey be legally sued by them ; but the praetor allowed utiles actiones both in their fa vour and against them." BONO'RUM POSSES'SIO is defined by Ulpian' to be " the right of suing for or retaining a patrimo- 1. (Gaius, hi., 209.— Dig. 47, tit. 8.)— 2. (iVIarezoll, Lehrbuoh /erIiiKtitut. desRom. Reohts.) — 3. (viii.. as i — 4. (Mazocchi, p 423.) I. (Gaius, iii., 28. —Dig. 42. tit. 3. - Cod. vii., tit. 71.)— 8 (Dig. 36, tit. 6.— Cod. vi., tit. 20.)— 3. (Aul. Gell., xv., 13 ; xi., 1.)— 4. (Gaius. ii., !54, 107.)— 5. (Cic, ad Att., i., 9 ; vi., 1.— Pro QuiDcto., o. 15.)— C. (Gaius, iii., 77 : ^ 35, 65, and 111 "' *»■ t t 1, 5.)— 7. (Dig. 37, tit. 1, s 3 ; BUNORUM POSSESSIO. a) ur thing which belonged to another at tlie time of his death." The strict laws of the Twelve Ta- bles as to inheritance were gradually relaxed by ihe praetor's edict, and a new kind of succession was introduced, by which a person might have a bono- fum possessio who could have no hereditas or legal inheritance. The bonorum possessio was given by the edict both contra tabular, secundum tdbulas, and inteslali. An emancipated son had no legal claim on the inheritance of his father ; but if he was omitted in his father's will, or not expressly exheredated, the praetor's edict gave him the bonorum possessio con- tra tabulas, on condition that he would bring into hotchpot {bonorum coUatio) with his brethren who continued in the parent's power, whatever property he had at the time of the parent's death. The bo- norum possessio was given botlr to children of the blood (naturaUs) and to adopted children, provided the former were not adopted into any other family, and the latter were in the adoptive parent's power at the time of his death. If a freedman made a will without leaving his patron as much as one half of his property, Uie patron obtained the bonorum possessio of one half, unless the freedman appoint- ed a son of his own blood as his successor. The bonorum possessio secundum tabulas was that possession which the praetor gave, conformably to the words of the will, to those named in it as heredes, when there was no person entitled to make a claim against the will, or none who chose to make such a claim. It was also given secundum tabulas in oases where all the requisite legal formalities had r,ot been observed, provided there were seven prop- er witnesses to the will. In the case of intestacy {intestati), there were seven degrees of persons who might claim the bo- norum possessio, each in his order, upon there be- ing no claim of a prior degree. The first three classes were children, legitimi heredes and proximi cognati. Emancipated children could claim as well as those who were not emancipated, and adoptive »« well as children of the blood ; but not children wiio had been adopted into another family. If a freedman died intestate, leaving only a wife (in manu) or an adoptive son, the patron was entitled to the bonorum possessio of one half of his property. The bonorum possessio was given either cum re or sine re. It was given cum re when the person to whoni it was given thereby obtained the property or inheritance. It was given sine re when another person could assert his claim to the inheritance by the jus civile : as, if i man died intestate, leaving a suus heres, the grant of the bonorum possessio would have no effect ; for the heres could maintain .as legal right to the inheritance. Or, if a person who was named heres in a vahd will was satisfied with bis title according to the jus civile, and did not choose to ask for the >.onoram possessio (which he was entitled to if he cnose to have it)) those who would have been heredes m case of an intes- tacy might claim the bonorum possessio, which, however, would be unavailing against the legal title of the testamentary heres, and, ilierefore, sine re. Parents and children might ciaim the bonorum possessio within a year from tiie time of their being able to make the claim ; others were required to make the claim within a hundred days. On the failure of such party to make his claim within the proper time, the right to claim the bonorum pos- sessio devolved on those next in order, through the seven degrees of succession. He who received the bonwum possessio was not thereby made heres, but he was placed heredis loco; ("r the praetor could not make a heres. "The prop- erty of which tb*) possess). m was thus given was 166 tiuS. only in bonis, until, by usucapion, tlie possesajos was converted into Quiritarian ownership {domini- um). All the claims and obligations of the deceased person were transferred with the bonorum possess io to tne possessor or prsetorian heres : and he was protected in his possession by tbs interdictum quo rum bonorum. The benefit of fji<3 interdict ivjs limited to cases of bonorum possCissio, and this wis the reason why a person who could claim, the in. heritance in case of intestacy by tlje civil laiv, sometimes chose to ask for the bonorum possessio also. The praetorian heres could only sue and be sued in respect of the property by a legal .fiction> He was notable to sustain a,direcla actio,; but,, in order to give him this capacity, he was, by a fiction of law, supposed to be what he was not, hcrcs ; aw) he was said Jicto se hercde agere, or intendcfi. Tlie actions which he could sustain or defend were acli- ones utiles.'-. . A good general view of the ,bonofum possessio is given by Marezoll, Lehrbuch der Insli tutionen des Rom. Rechts, § 174. ♦BONASSUS {fiivaaaog), a quadruped, the sams with the Bison. (Vid. 'Bison .) *BOSCAS iPooKuf), the Wild Duck, Anas Besm, L. (Kid. Anas.) ♦BOSTRYCHI'TES (poaTpuxi-rrK), a stone tg- sembling a lock of female hair." It is supposed in have been amianthus.' »BOS (jSoSf), a generic term, applied to several varieties of the ox and cow, namely, of the Boa Taurus, L. "The immense advantages derived from the domesticated ox in the beginning. of human civilization," observes Lieut. Col. Smith, " may (be gathered from the conspicuous part its name and attributes perform in the early history of mankind. We find the Bull among the signs of the Zodiac,; it typifies the sun in more than one system,, of mythology ; it was personally worshipped among the Egyptians, and is still venerated in India. Ttie Cow is repeatedly a mystical type of the earth in the mystical systems of ancient Greece, or a form of Bhavani with the Hindus. The Vedas cpn- sider it the primordial animal, the first oieatcd by the three kinds of gods who were directed by tliP Supreme Lord to furnish the earth with animaled beings. The Ox first enabling man to till the ground, was a direct cause of private territorial properly, and of its consequences, wealth, commerce, leisure, and learning ; he was no less the means of .ab- stracting mankind from the necessity of sheddipg blood, and thus he became the emblem of justice, the vehicle of Siva. This merited consideration we see dexterously used by ancient legislators, to soften the brutality of human manners, eiiher by forbidding the flesh as food in those countries where, his acknowledged utility was counteracted by ci> stacles in the increase, or by commanding the i'i;e' quent use of sacrifices by a proper slaughter, and where fire and salt should be employed to chevls: a horrid species of massacre and practice of devour- ing the flesh in a raw state. — The words Thur^Tur, Toor, Tier, Deer, Slier, Steer, in the northern dialects of Europe, in their early and in their latest accep- tations, are direct names of well-known rurainantei but in proportion as we pursue the root towards its origin in Central Asia, ^ve find that the p.ireat lan- guage of the Gothic and Sclavonian, as,wcll,,as those of the Hellenic and other tongues, finite in fixing it upon a larger bovine animal, perfectly ap- plicable to that known in Caesar's Commentaries by the name of Urns, implying, as some tliinii. primaeval, ancient, sylvan, fierce, mysterious ; slill retained in the Teutonic ur and its numerous ad' 1. (Gains, iii., 25-38 : iv., 34 — Ulp., Fragiri., tit. 28, M^- Dij. 37, tit. 4,8. 19; tit. 11.— Dis. 38, tit. 6.)— 3. (Plin.ftS ixivii., 10.)- --3. (Moore's Auc. Mineral., p. 182.) ' ' I'V BOS MARINUS. UOVai. juncts. We here find the root of the denomination of several regions in which the parent race of the Tauri, or the Urus, has existed or still resides. Thus, Turan, of Eastern Persia ; Turaii, south of the Caucasus ; the present Turcomania ; the Thur- gaw ; the Canton of Uri ; the Thuringian forest ; I lie Tauric Chersonese ; the Tauri, a Sarmatian tribe ; the Taurini, inhabiting Italy, near the present Turin, &-c. In most of these countries the gigan- tic Urus has left his remains, or the more recent llrus has been known to herd. The appellations ex anil cow also afford matter for speculation ; the former has been regarded by some as a title of power, and they connect it with the proper name Ochus in ancient Persia (OcAi or Achi), equivalent to ' dignus,' or ' majestate digitus.' Okous, 'a bull,' is a common name among the Curds and other Caucasian tribes ; while, on the other hand, the appellations /Joif, bos, the Arabic bakr, as also Koe, Kuhe, Cow, Cjaw, and Ghai, are all evidently from a common root descriptive of the voice of cattle. — It has been conjectured that the original domestication of the common Ox (JSo« Taurus) took place in Western Asia, and was performed by the Caucasian nations, who thereby effected a lead- ing cause of that civilization which their descendants carried westward and to the southeast, where the genuine Taurine races, not multiplying or yielding equal returns to human industry and human wants, have caused the veneration in which they are held, dnd necessitated the prohibition of feeding on their flesh. It is to these circumstances, also, that we may refer the domestication of the Buffalo, whose strength and habits were suited to supply the defi- ciencies of the Ox ; and a similar effect has since operated in Egypt ; for, from the period of the intro- duction of the B iffalo into that country, domestic cattle are not only fewer, but far from deserving the commeudations bestowed upon them by the an- cients.'" " The character of domestic oxen is absolutely the same as the fossil, and the wild breeds differ only in the flexures of the hams and in external appearance, occasioned by the variations of climate, food, and treatment. The hunched races of Africa may be regarded as introduced with the Arabian invasions after the Hegira ; for in the numerous representations of Taurine animals, sacred victims, or in scenes of tillage upon the monuments of an- cient Egypt, none occur. The breeds of the Kis- guise and Calmuc Tartars, those of Podolia and the Ukraine, of European Turkey, and the Roman States, are among tlie largest known. They are nearly all distinguished by ample horns spreading sideways, then forward and upward, with dark points : their colour is a bluish ash, passing to black. That in tlie Papal dominions is not found repre- sented on the ancient bas-reliefs of Rome, but was introduced most probably by the Goths, or at the same time with the Buffalo. Italy possesses an- other race presumed to have existed in ancient times, valued for its fine form and white colour : it is not so large, but the horns are similarly devel- oped. Tuscany produces this race, and droves of them have been transported to Cuba, and thence to Jamaica. Ancient Egypt nourished a large white breed, which, however, is not the most common upon the monuments of that country, where the cattle are usually represented with large, irregular marks of black or brown upon a white ground.'" As regards the origin of our domestic Ox from the Urus of antiquity, consult remarks under the Articles Bisoy anil Urcjs. *BOS MAUrNlfS (povg ■9a?MTTi.oc), a species of 1. tlTiiffitb's Ciiv','5r, vol. iv., p. 411, seqq.)— 2. (Griffith's Cu- nar. \"l :v . i*. 411* 1 large fish, the Raia Ozyrynchus, L., called in £nglisli the Sharp-nosed Ray. The French name is Akne.- The /IcidSarof of Aristotle is a variety of it. BOONAI (Bodvai) were persons in Athens whc purchased oxen for the public sacrifices and feasts. They are spoken of by Demosthenes' in conjunction with the UponoLoi and those who presided over the mysteries, and are ranked by Libanius' with the sitonaB, generals, and ambassadors. Their office is, spoken of as honourable by Harpooration,' but Pol- lux* includes them among the inferior offices, or offices of service (virrtfisalai'). BOREASMOI or BOREASiWOS (Bopsaafioi or Bopsaa/j.6e), a festival celebrated by the Athenians in honour of Boreas,' which, as Herodotus' seems to think, was instituted during the Persian war, when the Athenians, being commanded by an oracle to invoke their ya/iBpos imnovpog, prayed to Boreas. The fleet of Xerxes was soon afl;erward destroyed by a north wind, near Cape Sepias, and the grateful Athenians erected to his honour a temple on the banks of the Ilissus. But, considering that Boreas was intimately connected with the early history of Attica, since he is said to have carried off and mai- ried Oreithyia, daughter of Erechtheus,' and that ht- was famihar to them under the name of brother-m- law, we have reason to suppose that even previous to the Persian wars certain honours were paid to him, which were, perhaps, only revived and increased after the event recorded by Herodotus. The festi- val, however, floes not seem ever to have had any great celebrity, for Plato' represents Phsdrus as unacquainted even with the site of the Temple of Boreas. Particulars of this festival are not known, except that it was celebrated with banquets. Pausanias'" mentions a festival celebrated with annual sacrifices at Megalopolis in honour of Bore- as, who was thought to have been their deliverer from the Lacedsmonians." .iElian" says that the Thurians also offered an annual sacrifice to Boreas, because he had destroyei! the fleet with which Dionysius of Syracuse attacked them ; and adds the curious remark, that a decree was made which bestowed upon him the right of citizenship, and assigned to him a house and a piece of land. This, however, is perhaps merely another way of expressing the fact that the Thurians adopt- ed the worship of Boreas, and dedicated to him a temple, with a piece of land. BOTANOMANTEI'A. (,Vid. Divinatio.) BOT'ULUS (dA/laf, (jivaKri), a sausage, was a very favourite food among the Greeks and Romans. The tomaculum was also a species of sausage, but not the same as the botulus, for Petronius" speaks of tomacula cum hotulis. The sausages of the ancients, like our own, were usually made of pork," and were cooked on a gridiron or frying-pan, and eaten warm (fueruMt ct tomacula supra craticulam argenteam for- ventia^'). They were sold in the streets and in the baths, and the botularius wqs accustomed to cry out his sausage for sale." Sausages were also made with the blood of ani- mals, like our black-puddings ;" and Tertullian" in forms us that, among the trials to which the hea thens exposed Christians, one was to offer their; such sausages {bolulos cruore distenlos), well know- ing that the act by which they thus tempted them to transgress was forbidden by the Christian laws." BOUAI. {Vid. Agele.) 1. (c. Mid., p. 570.)— 2. (Deolatn., viii.)— 3. (s.t.)-4. (Onom., Tiii., 114.)-^. (BOckh, Publ. Boon, of Athens, vol. i., p. 289, transl.)— 0. (Hesych., s. v.)— 7. (vii., 189.)— 8. (Herod., 1. c— Paus., i., 19, 1) 6.)— 9. (Phiedr., p. 229.)— 10. (viii., 36, « 4.)- 11. (Compare l^lian, Var. Hist., xii., 61.)— 12. (1. c.)— 13. (c 49.)— 14. (Juv., Sat., x., 355.)— 15. /Petron., c. 31.)— 16. (Ma^ tial, I., xlii., 9.— Sen., Ep., 56.)— 17. (Aristoph., Equit., 808.— TertuU., Apol., 9.)— 18. (1. c.)— 19. (Bcclier, Callus, i , p. 244.' 167 130ULE. BOYAir (t; ruiv jrevraKoaiuv). In the heroic ages, reprfsented to us by Homer, the /3o«/.^ is simply an aristocratical council of the elders among the nobles, sitting under their king as president, who, however, did not possess any greater authori- iy than the other members, except what that posi- tion gave him. The nobles, thus assembled, deci- icd on public business and judicial matters, fre- l|uently in connexion with, but apparently not sub- ject to, nor of necessity controlled by, an ayopd, or inoeting of the freemen of the state.' This form of government, though it existed for some time in the Ionian, ^olian, and Achaean states, was at last wholly abolished. Among the Dorians, however, especially with the Spartans, this was not the case; for it is well known that they retained the kingly power of the Heracleida;, in conjunction with the ■yepovaia (vid. Gerousia), or assembly of elders, of which the kings were members. At Athens, on the contrary, the fiovX^ was a representative, and in most respects a popular body (d^/ioTcKov), the ori- gin, natuie, and duties of which we proceed to de- scribe. Its first institution is generally attributed to Solon. There are, however, strong reasons for supposing that, as in the case of the areiopagiis, he merely modified the constitution of a body which he foiind already existing. In the first place, it is improbable, and, in fact, almost inconsistent with the existence of any government, except an absolute monarchy, to suppose that, there was no such council. Be- sides this Herodotas' tells us that in the time of Cylon (B.C. 620), Athens was under the direction of the presidents of the Naucraries {vavKpapiai), the number of which was forty-eight, twelve out of each of the four tribes. Moreover, we read of the case of the Alcmseonidaj being referred to an aristo- tratical tribunal of 300 persons, and that Isagoras, I'ae leader of the aristocratic party at Athens, en- iteavoured to suppress the council, or PovXij, which Cleislhenes had raised to 600 in number, and to vest the government in the hands of 300 of his own party.' This, as Mr. Thirlwall* remarks, can hard- ly have been a chance coincidence : and he also suggests that there may have been two councils, «ne a smaller body, like the Spartan yepovaia, and the other a general assembly of the eupatrids ; thus corresponding, one to the senatus, the other to the comitia curiata, or assembly of the burghers at Rome. But, be this as it may, it is admitted that Solon made the number of his /3ovA^ 400, taking the members from the first three classes, 100 from each of the four tribes. On the tribes being remodelled by Cleisthenes (B.C. 510), and raised to ten in num- ber, the council also was increased to 500, fifty be- ing taken from each of the ten tribes. It is doubt- ful whether the ^ov'ksvTai, or councillors, were at first appointed by lot, as they were afterward ; but as it is stated to have been Solon's wish to make the PovXj'i a restraint upon the people, and as he is, moreover, said to have chosen {kmXe^diuvo^) 100 members from each of the tribes, it seems reasona- ble to suppose that they were elected, more espe- cially when there is no evidence to the contrary.' It is, at any rate, certain that an election, where the eupatrids might have used influence, would have been more favourable to Solon's views than an ap- pointment by lot. But, whatever was the practice oiiginally, it is well known that the appointment was in after times made by lot, as is indicated by !iie title {ol ttfro tov hvap-ov jiovXev-al), suggested !>y the use of beans in drawing the lots.' The in- 1. (11., ii., 53, 143 ; xviii., 503.— Od., ii., 239.)— 2. (v., 71.)— S. (Herod., v., 72. — Plut., Sol., 12.) — 4. (Hist, of Greece, ii., 4).;— 5 (Plut., Sol., 19.)— 6 (Thirlwall's Hist, of Greece, ii., \1.y ■^ . ('I'hucyd., viii.. 63.) ir.8 BOULK dividuals thus appointed were required to subiml to a scrutiny, or SoKifiaaia, in which they gave evi. dence of being genuine citizens (yvi'iaioi cf itfupoiv), of never having lost their civic rights by in-jia. and also of being under 30 years of age. ( Vid. Doki- MAsiA.) They remained in office for a year, receiv- ing a drachma {/iiaSog l3ov?LevTiK6() for each day on which they sat :' and independent of the general account, or evdivai, which the whole body had to give at the end of the year, any single member was liable to expulsion for misconduct by his col- leagues.' This senate of 500 was divided into ten sections of fifty each, the members of which were called prytan'es (Trptiroveif ), and were all of the same tribe : they acted as presidents both of the council and the assemblies during 35 or 36 days, as the case might be, so as to complete the lunar year of 354 days (12x29^). Each tribe exercised these lunctions in turn, and the period of office was called a prytany {■KpvTavda). The turn of each tribe was determin- ed by lot, and the four supernmnerary days were given to the tribes which came last in order.' Moreover, to obviate the difficulty of having too many in office at once, every fifty was subdivided into five bodies of ten each ; its prytany also being portioned out into five periods of seven days each ; so that only ten senators presided for a week over the rest, and were thence called jrpoErfpoi. Again, out of these proedri an i'maTuTti; was chosen foi every day in the week, to preside as a chairman in the senate and the assembly of the people ;. during his day of office he kept the public records anS seal.* The prytanes had the right of convening flic coun- eil and the assembly (iKK^ijaia). The duty of the proedri and their president was to propose subjects for discussion, and to take the votes both of this councillors and the people ; for neglect of their duty they were liable to a fine.' Moreover, whenover a meeting, either of the council or the a?sembly, was convened, the chairman of the proedii selected by lot nine others, one from each of the iion-presidiiig tribes : these also were called proedri, end possess- ed a chairman of their own, likewise appointed by lot from among themselves. Oh their functions, and the probable object of their appointment, some remarks are made in the latter part of this article. We now proceed to speak of the duties of the- senate as a body. It is observed under Akeiopa- Gus that the chief object of Solon in forming the senate and the areiopagus was to control the dem- ocratical powers of the state ; for this purpose Solon ordained that the senate should discuss and' vote upon all matters before they were submitted to the assembly, so that nothing could be laid be- fore the people on which the senate had not come to a previous decision. , This decision or bill was called ■!zpb6ov2,ev/ia, and if the assembly had been obliged either to acquiesce in any such proposition,' or to gain the consent of the senate to their mbdifi ' cation of it, the assembly and the senate would then have been almost equal powers in the state, and nearly related to each other, as our two houses of Parliament. But, besides the option of adopting or rejecting a npo6ov?i,ev/ia, or f^^ia/ia as it was sonie- times called, the people possessed and exercised the power of coming to a decision completely dif- ferent from the will of the senate, as expressed in the wpo6ov7i,ev/za. Thus, in matters relating to peace and war, and confederacies, it was the duty of the senators to watch over the interests of the state, 1. (Bockh, i., 310, tranBl.) — 2. (Harpocr.. s. v. 'E^^fXAcn^ftpfa^ i^ —JEach., c. Ctes., p. 56, ed. Bekk.)— 3. (Clinton, F.H.,vol. i);?™ p. 346.) — 4. (Suid.— Harpocr.)— 5. (Dem-isth., c. rimocr., 70V 707.> BOULE BUUI,E. and thfty could initiate whatever measures, and come 10 whatever resolutions they might thinli ne- cessary ; l)ut on a discussion belore the people it was competent for any individual to move a differ- ent or even contrary proposition. To talce an ex- ample : In the Euboean war (B.C. 350), in which the Thebans were opposed to tlie Atlienians, the senate voted that all the cavalry in the city should be ser.t out to assist the forces then besieged at Ta- mynse ; a irpoSovXeviia to this effect was proposed lo the people, but they decided that the cavalry were not wanted, and the expedition was not underta- ken. Other instances of this kind occur in Xeno- phon.' In addition to the hills which it was the duty of Ihe senate to propose of their own accord, there were others of a different character, viz., such as any private individual might wish to have submit- ted to the people. To accomplish this, it was first necessary for the party to obtain, by petition, the privilege of access to the senate {irpdaoSovypd\paa- 0ai), and leave to propose his motion ; and if the measure met with their approbation, he coidd then submit it to the assembly." Proposals of this kind, which had the sanction of the senate, were also called jrpo&t)Aeii/tffi7a, and frequently related to the conferring of some particular honour or privilege upon an individual. Thus the proposal of Ctesi- phon for crowning Demosthenes is so styled, as also that of Aiistocrates for conferring extraordi- nary privileges on Charidemus, an Athenian com- mander in Thrace. Any measure of this sort, which was thus approved of by the senate, was then sub- mitted to the people, and by them simply adopted or rejected ; and " it is in these and similar cases that the statement of the grammarians is true, that no law or measure could be presented for ratifica- tion by the people without the previous approbation cf the senate, by which it assumed the form of a t'ecree passed by that body."^ In the assembly the bill of the senate was first read, perhaps by the crier, after the introductoiy ciremonies were over; and then the proedri put the Huestion to the people, whether they approved of it, or wished to give the subject farther deliberation.* The people declared their will by a show of hands (vpoxeipoTovia). Sometimes, however, the bill was not proposed and explained by one of the proedri, but by a private individual — either the original ap- plicant for leave to bring forward the measure, or a senator distinguished for oratorical power. Exam- ples of tills are given by Schomann.' If the npo- ioilzvfia of the senate were rejected by the people, it was, of course, null and void. If it happened that it was neither confirmed nor rejected, it was tvhEwv, that is, only remained in force during the year the senate was in oflSoe.^ If it was confirmed : it became a ip^cfua/^a, or decree of the people, bind- ing upon all classes. The form for drawing up such decrees varied in different ages. Eefore the archon- ship of Eucleides (B.C. 403), they were generally headed by the formula, 'Edofe t§ povl^ koI tu itjfici: then the tribe was mentioned in whose pryt- any the decree was passed ; then the names of the yoa/ijiaTevs or scribe, and chairman ; and, lastly, that of ths author of the resolution. Examples of this form occur in Andocides ;' thus : 'EcSofe t^ pav^ Kal Tu (l/j/Kp, Alavrlg inpiiTuvcve, KTiEOyivra: iypafi- fiareve, BotjOo^ kirearuTEL, ruds A^fioijtavog amiiypa- ifiev.' From the archonship of Eucleides till about B.C. P25, the decrees commence with the name of I. (Hollen., i., 7, ^ 9 ; vii., 1, i 2.)— 2. (Demostli., c.Timocr., 715.)— 3. (SchSmann, Dc Ath. Com., p. 103, transl.)— 4. (Aris- toph., Thesm., Ban.)— 5. (Do Ath. Com., p. 106, transl.) — 6. IDemoith., c. Arisl , 651.)— 7. (De Mvst., n. 13.)— 8. (Compare riiu.!).!., iv., 118.) the drchon ; then come the day ol the iiioiith, fit tribe in office, and, lastly, the name.of the propostir. The motive for passing the decree is next stated ; and then follows the decree itself, prefaced with Ihii formula de66x6at ry ^owA$ koi tu d/jfitf). The reader is referred to Demosthenes, De Corona, for exam- ples. After B.C. 325, another form was used, which continued unaltered till the latest times.' We will here briefly state the difference between the vcpu and Tprjipiafiara : it is as follows : The former werr^ constitutional laws ; the latter, decrees of the p6J pie on particular occasions." Mention has just been made of the ypafzfiai-sv;, whose name was affixed to the iprt^ia/iara, as in the example given above : it may be as well to explain that this functionary was a clerk chosen by lot by the senate in every prytany, for the purpose of keep- ing the records, and resolutions passed during that period ; he was called the clerk according to Ihe prytany (6 icaTu irpv-avelav), and the name of the clerk of the first prytany was sometimes used id designate the year.° With respect to the power of the senate, it mus> be clearly understood that, except in cases of small importance, they had only the right of originating; not of finally deciding on public questions. Sincn, however, the senators were convened by the pry tanes every day, exicept on festivals or u^ieroi j/fii pai,* it is obvious that they would lie fit recipien* of any intelligence affecting the interests of th> state, and it is admitted that they had the right oi proposing any measure to meet the emergency ; foz example, we find that Demosthenes gives them an account of the conduct of jEschines and himself, when sent out as ambassadors to Philip, in conse- quence of which they propose a bill to the people Again, when Philip seized on Elateia (B C. 338), the senate was immediately called together by the prytanes to determine what was best to be done.' But, besides possessing the initiatory power of which we have spoken, the senate was sometimes delega- ted by the people to determine absolutely about par- ticular matters, without reference to the assembly. Thus we are told' that the people gave the senate power to decide about sending ambassadors to Phil- ip , and Andocides' informs us that the senate was invested with absolute authority' to investigate the outrages committed upon the statues of Hermes previously to the sailing of the Sicilian expedition. Sometimes, also, the senate was empowered to act in conjunction with the nomothetaa (avvvoiio- Oerelv), as on the revision of the laws after the ex pulsion of the Thirty by Thrasybulus and his party, B.C. 403.' Moreover, it was the province of the senate to receive elaayyeliai, or informations of ex- traordinary crimes committed against the state, and for which there was no special law provided. The senate in such cases either decided themselves, or referred the case to one of the courts of the heliasa, especially if they thought it required a higher pen- alty than it was competent for them to impose, viz., 500 drachms. It was also their duty to decide on the qualification of magistrates, and the charact(!T of members of their own body. {Vid. DoiainAsii.) But, besides the duties we have enumerated, tlie senate discharged important functions in cases of finance. All legislative authority, indeed, in such matters rested with the people, lie amount of ex- penditure and the sources of revenue being deter- mined by the decrees which they passed ; but the administration was intrusted to the senate, as the 1. (SchSmaim, p. 136, transl.)— 2. (Thucyd., iii., 36, ed. Ju- nold.)— 3. (Pollux, Onom., viii., 98.— Ijficlih, vol. i., p. SSD, transl.) —4. (Pollux, viii., 95.)— 5. (Demosth., De Fals. Leg., 346.— Ii« Cor., 284.)— 6 (Demosth., De Fals. Leg., 389.)— 7. (Df Myst.i — 8. (rjvyup avT0Ki}dTb}p.'i--9. (Ando('.d.. DeMyst.,p. 12 Do- mosth., c. Tin ncr., p 708 ', 16!) BOl LE. Borry.E. executive power of the state, and responsible (iirtv- Bvvoi) to the people. Thus Xenophoii' tells us that the senate was occupied wilh providing money, with receiving the tribute, and with the manage- ment of naval affairs and the temples ; and Lysias" makes the following remark : " When the senate has sufficient money for the administration of af- fairs, it does nothing wrong ; but when it is in want of fun'ls, it receives informations, and confiscates Uis property of the citizens." The letting of the duties i,r£/lijvat;ivas also under its superintendence, and those who were in possession of any sacred or public moneys (jepo kw. oaia) were bound to pay the ni into the senate-house ; and in default of pay- m scribed in Euripides as " variegated bags" (roif >*u- TiUKovg TovQ noixi?[,ovg"). , To the Greeks they must have appeared highly ridiculous, although Ovid men- tions the adoption of them by the descendants of some of the Greek colonists on tlie Euxine.'" Trousers were principally wojilen ; but Agathiasi states" that in Europe they were also made of linen and of leather ; probably the Asiatics made them of cotton and of silk. Sometimes they were striped (virgatce"), ornamented with a woof of various col- I. (Herod., v., 49.)— 2. (Proper!., iii., 3, 17.)— 3. (Herod, vii., 61, 62.— Xen., Cyrop., viii., 3, 13.— Diod. Sic, xvii., 77.--" Poj-- sicabracca:" O^-id, Trist., v., 11, 34. — "Braccati Medi:" Pers., Sat., iii., 53.)— 4. 'Arrian, Tact., p. 79.) — 5. (Val. Flacc, Ti.,230.)— 6. (Herod., vii., 64.)— 7. (Val. Fliicc. v.,4i!4.— Lucan, i., 430.)— 8. (Ovid, Tnst., iii., 10, 19 ; v., 8, 49.)— 9. (Projicrt, iv., 11.)— 10. (Agatl)., Hist., ii., 5.) -11. (Strah., iv., 4, 3 )— 12 (Mart.,3ii., 22.)— 13. (Pomp. Mela, ii., 5, ).)- 14. (Gic, Pro M. Font., 11.)— 15. (Dioil. Sic, Iv., 30.)— 16. (Hire, Glossar. Suio Gotii., V. Brackor.) — 17. (Arri.in.) — 18. (Ovid and Lacaii, il cc)— 19. (Cyclops, ISS.)— 20. (Trisr., v., 11, 31.)— 21. (1. i,.>-. I 22. (Propert., iv., 11,43.) Vii BRASSICA. BREVIARIUM. OUTS,' or embroidered.' They gradually came into use at Rome under tlie emperors. Severus wore them, and gave them as presents lo his soldiers,' but the use of them was aflervi'ard restricted by Honor! us. BRACHIA'LE. (FR Armilla.) URASIDEI'A (Bpam'Jfjc), a festival celebrated at Sparta in hoi.our of their great general Brasidas, who, after his death, received the honours of a hero.* It was held every year with orations and contests, in which none but Spartans were allowed to partake. .Brasideia were also celebrated at Amphipolis, which, though a colony of Athens, transferred the honour of itriaTiji; from Hagnon to Brasidas, and paid him heroic honours by an annual festival with sacrifices and contests.' *BB,ASS'ICA {Kpaiieri), the Cabbage. Some va- rieties of this plant have been cultivated from the very earliest times of which we have any record. But the migrations and changes of the best sorts have not been traced ; neither is it at all probable that the varieties which the ancients enjoyed have descended to us unaltered. Thiee kinds of cab- bage were known to the Romans in the time of Ga- te :' the first had a large stalk, and leaves also of considerable size ; thb second had crisped leaves ; the third, which was the least esteemed, had small- sized leaves and a bitterish taste. According to Columella, the brassica or cabbage was a favourite edible vvithtlie Romans, and in sufficient plenty to be even an article of food for slaves. It was sown anil cut aJ the year round ; the best time, however, for planting it was after the autumnal equinox. When it had been once cut after this, it put forth young and tender shoots the ensuing spring. Api- eius, liowever, the famous gourmand, disdained to emploj' these, and inspired the young prince Drusus with the b:imo dislike towards them, for which, ac- cording to Pliny,' he was reproved by his father Tiberius. This .«ame writer mentions various kinds, ol which the most esteemed was that of Aricia, with numerous and very thick leaves. Cato's second kinJ, the Olus Apianum (more correctly Apiacon), is the Brassica viridis crispa of Bauhin. The Olus Aricium is the Brassica okracea gongyloides, L. ; the Brassica Halniyridia is thought to have been the Crambe maritima; some, however, are in fa- vour of the Convolvulus solianella. " It is uncer- tain," observes Beckmann, " whether we still pos- sess that kind of cabbage which the ancients, to prevent intoxication, ate raw like salad.'" Of red cabbage no account is to be found in any ancient author. The ancient Germans, and, in fact, all the northern nations of Europe, cultivated the cabbage from very remote times. The Saxon name for Feb- ruary is sprout-kale, and that is the season when the sprouts from the old stalks begin to be fit for use. The Saxons must of course, therefore, have been familiar with the culture of cabbage or kale, as it is not at all probable that they invented the name af- ter tlieir settlement in Britain. We nowhere find among the Greeks and Romans any traces of that excellent preparation of cabbage called by the Ger- mans soiir-hrauti tho'dgh the ancients were acquaint- ed v.'ith the art of preparing turnips in the same raanner.' Whether simr-kraut be a German inven- tinn appears somewhat doubtful, if the statement of Uelon be correct, who informs us that the Turks in 1. (Euiip., 1. c. — Xen., Anab., i., 5, ^ 8. — " Picto subtemiwe :" Val. Flaoc, vi.,230.)— 2. (Virg.,^n., j:i.,77T.)-3. (Lamjir., Al. Bev., 40.)— 4. (Paus., iii., 14, ^ 1.— Arist., Eth. Nie.,v., ".)— 5. (Tiiucyd., v., 11.)— 6. (Plin., H. N., xii., 8.— Fee, ad luu.)— 7. (PUn., 1. c.)— S. (Niclas, in Geopoii., v., 11, 3, p. 345.)— 9. (Li- bnry of Ent. KnowL, vol. xv., p. 258. — Colaraella, xii., 54. — Pallwd., Decern., 5, p. 1011 —Nicander. ap. Atheu., iv., p, 133.) 172 his time were accustomed to fickle cabbagei fn- winter food.' *BRATH\' ((SpufliO, the Savine, or Jumpcrus Sa bina, L. According to Pliny, there were two kinds, the one resembling the tamarisk, the other the cy- press ; and hence some called the latter the Cretan cypress. The two species described by Dioscori- des are hence supposed by Sprengel to be the tatni- riscifolia and cypressifolia. BRAURO'NIA (Bpav/xJvia), a festival celetrat?(i in honour of Artemis Brauronia, in the Attic town of Brauron,' where, according to Pausanias,' Ores- tes and Iphigenia, on their reiurn from Tauria, wers supposed by the Athenians to have landed, and left' the statue of the Taurian goddess.* It was held every fifth year, under the superintendence of ten ifpoTTOfoi';' and the chief solemnity consisted in the circumstance that the Attic girls between the ages of five and ten years, dressed in crocus-coloured garments, went in solemn procession to the sanc- tuary,' where they were consecrated to the god- dess. During this act the hpoTiowi sacrificed a goat, and the girls performed a propitiatory rite in which they Imitated bears. This rite may have simply arisen from the circumstance that the bear was sacred to Artemis, especially in Arcadia ;' but a tradition preserved in Suidas' relates its origin as follows : In the Attic town of Phanidas a bear was kept, which was so tame that it was allowed to go about quite freely, and received its food from and among men. One day a girl ventured lo play with it, and, on treating the animal rather harshly, it turned round and tore her to pieces. Her brothers, enraged at this, went out and killed the bear. The Athenians now were visited by a plague j and wheo they consulted the oracle, the answct was given that they would get rid of the evil which had be- fallen them if they would compel some of their cit- izens to make their daughters propitiate Artemis bj a rite called ap/crrfcjv. for the crime committed against the animal sacred to the goddess. The command was more than obeyed ; for the Atheni- ans decreed that from thenceforth all women, be- fore they could marry, should have once taken part in this festival, and have been consecrated to the goddess. Hence the girls themselves were called apKToi, the consecration apKTsia, the act of conse- crating apxTsieiv, and to celebrate the festival iipK- TeveaSai.^ But as the girls, when they celebrated this festival, were nearly ten years old, the verb is- Kareveiv was sometimes used instead of upKrevstv According to Hesychius, whose statement, howev- er, is not supported by any other ancient authority, the Iliad was recited on this occasion by rhapso- dists. There was also a quinquennial festival called Brauronia, which was celebrated by men and disso- lute women, at Brauron, in honour of Dionysus." Whether its celebration took place at the same time as that of Artemis Brauronia (as has been supposed by Miiller," in a note, which has, however, . been omitted in the English translation) must remain un- certain, although the very different characters o( the two festivals incline us rather to behove thai they were not celebrated at the same time. BREVIA'RIUM or BREVIA'RIUM AI ARICL A'NUM. Alaric the Second, king of the V sigoths, who reigned from A.D. 484 to A.D. 50'i, In the 1. (Bellonii Observ. ItineT-, iii., 27, p. 186.— Beckmann, Uist. Invent., vol. iv., p. 205, scqq.)- 2. (Herod., vi., 138.)— 3. (i., 23, «9; 38, *1 ; iii., 16, « 6; viii., 46, « 2,)— 4. (Yid. Mullcr, Dn rians, i., 9, 4 5 and 6.)— 5. (Pollux, Onom., viii., 9, 31.1— J' (Suidas, s. v. "A/JifTos. — Schol. in Aristoph., Lysistr., 646.)— 7. (Miiller, Dorians, ii,, 9, 1) 3.)— 8. (s. v. "Apicrot.)- 9. (Hesycll. — Hari)Ocrat. — Scholf in Aristoph., 1. c.) — 10. fAristuph., rw,, 870. — Schol. in loo. — Suid., e. v. Bpavputv.\ — 11. (PoriBD*, iJn 9, 4 5.) BRIDGE. BRIDGE. iwenty-second year of his reign (A.D. 508) com- missioned a bodv of jurists, probably Romans, to make a selection from the Roman laws and the Ro- man text-wu.ers, which should form a code for the use of his Roman subjects. The code, when made, was confirmed by the bishops and nobility ; and a copy, signed by Anianus, the relerendarius of Ala- ric, was sent to each comes, with an order to use no other law or legal form in his court {ut in foru tuo nulla alia lex negue juris formula profcrri vel re- cipi prasumatur). The signature of Anianus was for the purpose of giving authenticity to the official copies of the code ; a circumstance which has been so far misunderstood that he has sometimes been considered as the compiler of the code. This code has no peculiar name, so far as'we know: it was called Lex Romana, and, at a later period, frequent- ly Lex Theodosii, from the title of the first and most important part of its contents. The name Brevia- rium, or Breviariura Alaricianum, does not appear before the sixteenth century. The following are the contents of the Breviarium, with their order in the code ; 1. Codex Theodosia- nus, xvi. books. 2. NovelliE of Theodosius II.,Val- entian III., Marcian, Majorian, Severus. 3. The Institutions of Gains. 4. Pauli Receptae Sententiae, V. books. 5. Codex Gregorianus, 13 titles. 6. Co- dex Hermogenianus, 2 titles. 7. Papinianus, lib. i., Responsorum. The code was thus composed of two kinds of ma- terials, imperial constitutions, which, both in the code itself, and the commonitorium or notice prefix- ed to it, are called Leges ; and the writings of Ro- man jurists, which are called Jus. Both the Codex Gregorianus 'iind Hermogenianus, being compila- tions made without any legal authority, are included under the head of Jus. The selections are extracts, which are accompanied with an interpretation, ex- cept in the case of the Institutions of Gains ; as a general rule, the text, so far as it was adopted, was not altered. The Institutions of Gains,- however, are abridged or epitomized, and such alterations as were considered necessary for the time are- intro- •'ruced into the text : this part of the work required no interpretation, and, accordingly, it has none. This code is of considerable value for the history of Roman law, as it contains several sources of the Roman law which otherwise are unknown, espe- cially PauUis and the first five books of the Theo- dosian Code. Since the discovery of the Institu- tions of Gaius, that part of this code is of less value. The author of the Epitome of Gaius in the Bre- viariura paid little attention to retaining the words of the original, and a comparison of the Epitome and the MS. of Gaius is therelbre of little advan- tage in this point of view. The Epitome is, how- ever, still useful in showing what subjects were dis- cussed in Gaius, and thus filling up (so far as the material contents are concerned) some of the lacu- nae of the Verona MS. A complete edition of this code was undertaken by Sichard, in his Codex Theodosianus, Basilese, 1538, small folio. The whole is contained in the edition of the Theodosian Code by Cujacius, Lugd., 1066, folio. The Theodosian Code and the Novellas alone are contained in the editions of Marville and Slitter ; the remainder is contained in Schulting, Jurispinidentia Vetus Ante-Juslinianea, Lugd. Bat., 1717. ; The whole, together with the fragments of Ulpian and other things, is contained in the Jus Ci- vile Antejustinianeum, Berlin, 1815.' BRIDGE ■(ye(j)vpa, pons). The most ancient bridge upon rucord, of which the construction has been described, is the one erected by Nitocris over 1. (Savigny, GeBchichte (les R3m. Rechts in Mittelalter, ii., B S'.— Gfiius, Prffifatn PiimtE Editioni Pricmissa.) the Euphrates at Baby.'on.' It was in the nalurs of a drawbridge, and consisted m(;icly of stone piers without arches, but connected with one an- other by a framework of planking, which was re- moved at night to prevent the inhaiiitants from pass- ing over from the different sides of the river to com- mit mutual depredations. The stones were fasl- ened together by iron cramps soldered with lead, and the piers were built while the bed of the rivei was free from water, its course having been divert- ed into a large lake, which was again restored to the usual channel when the work had been com- pleted.' Compare the description given by Diodo- rus Siculus,' who ascribes the work to Semiramis, Temporary bridges constructed upon boats, call- ed axeSiai,* were also of very early invention. Da- rius is mentioned as having thrown a bridge of this kind over the Thracian Bosporus ;' but we have no details respecting it beyond the name of its archi- tect, Mandrocles of Samoa." The one constructed by order of Xerxes across the Hellespont is more celebrated, and has been minutely described by He- rodotus.' It was built at the place where the Cher- sonese forms almost a right angle, between the towns of Sestos and Madytus on the one side, and Abydos on the other. The first bridge which was constructed at this spot was washed away by a storm almost immediately after it was completed,' and of this no details are given. The subsequent one was executed under the directions of a different set of architects.' Both of them appc;ir to have partaken of the nature of suspension bridges, the platform which formed the passage-way being se- cured upon enormous cables formed by ropes of flax (^evKOMvoti) and papyrus {8ii6?iiv(j>v) twisted together, and then stretched tight by means of wind- lasses (ovoi) on each side. The bridges hitherto mentioned cannot be strict-, ly denominated Greek, although the architects by whom the last two were constructed were natives of the Greek islands. But the frequent mention of tlie word in Homer proves that they were not un- common in Greece, or, at least, in the western part of Asia Minor, during his time. The Greek term for a permanent bridge is -yiijmpa, which the ancient etymologists connected with the Gephyreei (Te^v- paloi), a people whom Herodotus'" states to have been Phobnicians, though they pretended to have come from' Eretria ; and the etymologists accord- ingly tell us that the first bridge in Greece was built by this people across the Cephissus ; but such an explanation is opposed to sound etymology and common sense. As the rivers of Greece were small, and the use of the arch known to them only to a limited extent (vid. Arcus), it is probable that their bridges were built entirely of wood, or, at best, were nothing more than a wooden platform supported upon stone piers at each extremity, like that of Ni- tocris described above. Pliny' mentions a bridge over the Acheron 1000 feet in length, and also says" that the island Eubosa was joined to Bceotia by a bridge ; but it is probable that both these works were executed after the Roman conquest. In Greece also, as well as in Italy, the term bridge was used to signify a roadway raised upon piers or arches to connect the opposite sides of a ravine, even where no water flowed through it." The Romans were undoubtedly the first people who applied tlie arch to.the construction of bridges, by which they were enabled to erect structures of great beauty and solidity, is well as utility ; for by 1. (Herod., i., 186.)— 2. (Herod., 1. c.)— 3. (ii., vol. i., p. 121, ed. Wesseling.) — 4. (Hcsych., s. v. — Herod., vii., 36. — .^sch., Pers., 69, ed. Blomf. ct Gloss.) — 5. (Herod., iv., 83, 85.)— B. (Herod., iv., 87, 88.) — 7. (vii., 36.) —8. (Herod., vii., 34.).— 9 (Id., 36.)— 1,0. (T., 57.)— 11. (H. N., iv., 1.)— 12. (iv., 21.)— 13 (t-^1/ yifjivdav, }} ^m no vdnii j/i- : Xen., Anah., vi., 5, ^ 22.) 173 BRIDGE. this means the openings between the piers for the convenience of navigation, which in the bridges of Babylon and Greece must have been very narrow, could be extended to any necessary span. The width of the passage-way in a Roman bridge was commonly narrow, as compared with modern structures of the same kind, and corresponded with the road (via) leading to and from it. It was divided into' three parts. Tlie centre one, for horses and carriciges, was denominated agger or iter ; and the raised footpaths on each side (dccursoria), which were enclosed by parapet walls similar in use and appearance to the pluleus in the basilica. (Vid. Basilica, p. 142.) Eight bridges across the Tiber are enumerated by P. Victor as belonging to the city of Rome. Of these, the most celebrated, as well as the most an- cient, was the Pons Scjblicius, so called because it was built of wood ; subliccs, in the language of the Forraiani, meaning wooden beams.' It was built by Ancus Marcius, when he united the Janiculum to the city," and became renowned from the well- known feat of Horatius Codes in the war with Porsenna.' In consequence of the delay and diffi- culty then experienced in breaking it down, it was reconstructed without nails, in such a manner that each beam could be removed and replaced at pleas- ure.* It was so rebuilt by the pOntifices,' from which fact, according to Varro,' they derived their name ; and it was afterward considered so sacred, that no repairs could be made in it without previous sacrifice conducted by the pontifex in person." In the age of Augustus it was still a wooden bridge, as is manifest from the epithet used by Ovid ;' " Turn quoque priscorum Virgo simulacra mrorum Miitere roboreo scirpea ponte solet ;" in which state i; appears to have remained at the time of Otho, when it was carried away by an in- undation of the Tiber. ° In later ages it was also called Pons Mmilius, probably from the name of the person by whom it was rebuilt ; but who tiiis .^mil- lus was is uncertain. It may have been ^mdius Lepidus the triumvir, or probably the jEmilius Lep- idus who was censor with Munatius Plancus, ufider Augustus, ten years after the Pons Sublicius fell down, as related by Dion Cassius.'" We learn from P. Victor, in his description of the Regie xi., that thp..sp. two bridges were one and the same : "Mm\\- BRIDGE. ius qui ante sublicius." It is called .^milian 03 Juvenal' and Lampridins," but is mentioned by (. a- pitoUnus' as the Pons Sublicius ; which passage is alone sufficient to refute the assertion of some writers, that it was built of stone at the periml when the name of ^milius was given to it.* ■ This bridge was a favourite resort for beggats, who used to sit upon it and demand alms.' liencij the expression of Juvenal,' aliquis de ponte, for a It was situated at the foot of the Aventine, and was the bridge over which C. Gracchus directed his. flight when he was overtaken by his opponents.' II. Pons Palatinhs formed the communication between the Palatine and its vicinities and the Ja- niculum, and stood at the spot now occupied by the " Ponte Rotto." It is thought that the words 0. Livy= have reference to this bridge. It was repaired by Augustus.'" III., IV. Pons Fabeioics and Pons CESTiHswere the two which connected the Insula Tiberina with the opposite sides of the river ; the first with the city, and the latter with the Janiculum. Both are still remaining. The Pons Fabrioius Was originally of wood, but was rebuilt by L. Fabricius, the euro,- tor viarum, as the inscription testifies, and a short time previous to the conspiracy of Catiline ;" which passage of Dion Cassius, as well as the words of the scholiast on Horace," warrant the assumption that it was then first built of stone. It is now called " Ponte quattro capi." The Pons Cestius is by some authors supposed to have been built during the reign of Tiberius by Cestius Gallus, the perSot mentioned by Pliny,'^ though it is more reasonabla to conclude, that it was constructed before the ter- mination of the Republic, as no private individual would have been permitted to give his own name to a public work under the Empire." The inscrip- tions now remaining are in commemoration of Val^ entinianus, Valens, and Gratianus, the emperors i); whom it was restored. Both these bridges are lep- resented in the annexed woodcut : that on the right hand is the Pons Fabricius, and is curious as being one of the very few remaining works which bear the date of the Republic ; the Pons Cestius, on the left, represents the efforts of a much later age; and, instead of the buildings now seen upon theisl> and, the temples which originally stood there, as well as the island itself, have been restored; V. Pons Janicui.ensis, 'wnich led direct to the Janiculum. The name of its founder and period of its construction are unkhown ; but it occupied the site of the present " Ponte Sisto," which was built by Sixtus IV. upon the ruins of the old bridge. VI. Pons Vatioanus, so called because it formed the communicatioi. between the Campus Martius ami Campus Vf.ticanus. W^hen the waters of the Tiber are very low, vestiges of the piers are still diace niible at the back of the Hospital of San Spir- X. (Festus, s. V. Sablicium.) — 2. (Liv., i., 33. — Dionys. Hal., iii., p 183.)— 3. (LiT., ii., 10.— Val. Max., iii., 2, 1.— Uionys. Hal , T., p; 295, seq.)— 4. (Plin., H. N., xxxri., 23.)— 5. (Dio- nys. llal., p. 183.)— 6. (DeLing.Lat.,y.,83.)— 7. (Dionys. Hal., ui., 1. c.)— 8. (Fast., v., 621.)— 9. (Tar-'-. , Hist., i. 86, who calls it Pons Sublicius.)— 10. (p. 423 ' ) 174 ito. By modern topdgraphists this bridge- is often called •' Pons Triumphalis," but without Sny class, ical authority ; the inference, however, is not im- probable, because it led directly from the Camwi to the Clivus Cinnaj (liow Monte Mario), ffoni which the triumphal processions descended. VII. Pons ^lids, built by Hadrian, which led from the city to the Mausoleum (vid. Mausoleum) of that emperor, now the bridge and castle of St. An - 1. (Sat., Ti., 32.)— 2. (Heliog., c. 17.)— 3. (Antonin. Pius, c 8.)— 4. (Naitiini, Kom. Ant., viii., 3.)^-5. (Senec, De Vit.B6st., c. 25.)— 6. (xlv., 134.)— 7. (Compare also Sat., iv^ 116.)-^ (Plut., Gracch., p. 842, c. — Compare Val. Max., iv., 7, 2.— Ovi4 Fast., vi., 477.)— 9. (xl., 51.)— 10. (Inscrip. np. Grut., p. 160. n. 1.)— 11. (Dion, xxxvii., p. 60.)— 12. (Sat., II., iii., 36.)— 13 (II. N . X-., 60.- Tacit., Ann., vi., 31.)— 14. (Nardini, 1 c.) BRIDGE. BRIDGE. gelo. S. reiiresentation of this bridge is given in the Jonlowing woodeut, taken from a medal still GX- taiii. It affords a specimen of the style employed at the period when the fine arts aie considered ts have been at their greatest perfection at Rome. VIII. Pons Milvios, on the Via Flarainia, now Ponte Molle, was bdilt by iEmilius Scaurus the censor," and is mentioned by Cicero' about 45 years after its formation. Its vicinity was a favourite place of resort for pleasure and debauchery in the licentious reign of Nero.* Upon this bridge the am- bassadors of the Allobroges were arrested by Cice- ro's retainers during the conspiracy of Catiline." Catulus and Pompey encamped here against Lepi- dus when he attempted to annul the acts of Sulla.' And, finally, it was at this spot that the battle be- tween Maxentius and Constantine, which decided the fate of the Roman Empire, took place (A.D. 312). The Roman bridges without the city were far too many to be enumerated here. They formed one of the chief embellishments in all the puDiij roads ; and their frequent and stupendous remains, still existing in Italy, Portugal, and Spain, attest, even to the present day, the scale of grandeur with which their works of national utility were always carried on. Subjoined is a representation of the bridge at Ariminum {Rimini), which remains entire, and was commenced by Augustus and terminated by Tiberius, as we learn from the inscription, which is still extant. It is introduced in order to give the reader an idea of the style of art during the age of Vitruvius, that peculiar period of transition hetweea the austere simplicity of the Republic and the pro- fuse magnificence of the Empire. The hridg- thrown across the Bay of Baiae by Caligula,' the useless undertaking of a profligate prince, does not require any farther notice ; but the bridge which Trajan built across the Danube, which is one of the greatest efforts of human inge- nuity, must not pass unmentioned. A full account of its construction is given by Dion Cassias,' and it is also mentioned by Pliny.' The form of it is given in the following woodcut, from a representa- tion of it on the column of Trajan at Rome, which has given rise to much controversy, as it does not agree in many respects with the description of Dion Cassius. The inscription, supposed to have be- longed to this bridge, is quotedby Leunclavius'" and by Gruter." Sub jugdm ecoe k.^pituk et DiNUvins. It will be observed that the piers only are of stone, and the superstructure of wood. The Conte Marsigli, in a letter to Montfaucon,' gives the probable measurements of this stnicturc, from observations made upon the spot, which 'fill serve as a faithful commentary upon the text — 11. (.1 ^0 '.1—12 (Dic-q, I c.) confirmed by the fact that he afterward put to death the architect, Artemidorus, under whose directions it was constructed. The Romans also denominated by the name of pontes the causeways which in modern language! are termed "viaducts." Of these, the Pons oA Ifonam, now called Ponte Nono, near the ninth mile from Rome, on the Via Pranestina, is a finn specimen. Among the bridges of temporary use, which were 1. (Giomale dc' Littevati d'ltalia, torn, xxii., p. 116.) I7fi BRONZE. HKONZP made for the immediate purposes of a campaign, the most celebrated is that constructed by Julius Cssar over the Rhine within the short period of ten days. It was built entirely of wood, and the whole process of its construction is minutely detail- ed by its author.' An elevation of it is given by Palladio, constructed in conformity with the ac- count of Caesar, which has been copied in the edi- tions of Oudendorp and the Delphin. Vegetius,^ Herodian,^ and Lucan* mention the ose of casks {dolia, cupce) by the Romans, to support rafts for the passage of an army ; and Vegetius' says that it was customary for the Roman army to carry with them small boats (monoxuli) hollowed out from the trunk of a tree, together with planks and nails, so that a bridge could be constructed and bound together with ropes upon any emergency without loss of time. Pompey passed the Euphra- tes by a similar device during the Mithradatic war." The annexed woodcut, taken from a bas-relief on the column of Trajan, v/iU afford An idea of the general method of construction and form of these bridges, of which there are several designs upon the same monument, all of which greatly resemble each other. When the Comitia were he'd, the voters, in or- cer to reach the enclosure called septum and ovile, passed over a wooden platform, elevated above the pround, which was called Pons Suffragionim, in or- der that they might be able to give their votes with- out confusion or collusion. Pons is also used to signify the platform {i-iriSd- f|,j, uTToid'ipa) used for embarking in, or disem- •ra.l.ing from, a ship. " Inter cti Mneas socio^ de puppibus allis Pontitnis exponit."'' The method of using these pontes is represented in the annexed woodcut, taken from a very curious intaglio, representing the history of the Trojan war, -liscovered at Bovilla towards the latter end of the '.7th century, which is given by Fabretti, Syntagma <>' Column. Trajani, p. 315. *BROMOS (jipijaog or l3p6/zog), a plant, which Uierbach makes to be the Avena sativa, "Oats." Stackhouse, however, is in favour of the Seealc Oereale, and Sprengel of the Avena fatua, or "wild Oats." BRONZE (;i;re/l/(6f, as), a compound of copper and tin. Other metals are sometimes combined ¥fith the above ; but the most ancient bronzes, properly so called, are found to consist of those two ingiedients. In the article on Ms, some farther I. (Db BeU. Gall., iv., 17.)— 2. (iii., 7.)— 3. (viii., 4, 8.)— 4, f-.T.. 420.)— 5. (1. c.)— fl. (P'lnrus, iii., 5.)— 7. (Virg., -JBti., i., 17fi particulars are supplied respecting the different com. positions of bronze and brass. Th.j distinctive teilni should always be observed in speaking of thosH substanctiS, an the indiscriminate use of thrm liaa led to great error and confusion in describinff woikj of art. There can be no question as to the remcite anti. quity of metallurgy; though at what precise perioi the various metals v?ere known, in what order Ihej were discovered, and by what processes extraeteil — either simply, or by reducing their ores when they were found in that state, there are no satisfactory means of judging. In the twenty-eighth chapter of the book of Job we read, " Surely there is a vein for the silver, and a place for gold where they fine it. Iron is taken out of the earth, and brass (cop- per) is molten out of the stone." This passage, taken as a whole, and supported as it is by various intimations throughout the Pentateuch, shows that at this early period greater advances had been made in mining and the metallurgic arts than is usually supposed. There is the same dearth of exact in- formation on the practice of the metal-founders and workers of the archaic ages, even after the different substances were known, and objects of imitative art had been executed in them. The most ancient Greek bronzes extant are com posed simply of copper and tin ; and it is remarka ble how nearly thp relative proportions of the met als agree in all the specimens that have been ana- lyzed. Some bronze nails from the ruins of the Treasury of Atreus at Mycenae ; some ancient coins of Corinth ; a very ancient Greek helmet, on which is a boustrophedon inscription, now in the British Museum ; portions of the breastplates of a piece of armour called the Bronzes of Siris, also presened in our national collection; and an antique swon* found in France, produced in 100 parts, 87-43 and 88 copper 12-53 and 13 tin 9996 Too At a later period than that to which some of the above works may be referred, the composition of bronze seems to have been a subject to which the greatest attention was paid; and the addition'of a variety of metals seems to have been made to tlw original (if it may be so called) combinatioi ui copper and tin. The few writers on art whose evidence has reached our times, make particular mention of certain of these bronzes, which, not- withstanding the changes they underwent by the introduction of novel elements, were still ranked under the words x'^^i'k and as. That which ap pears to have held the first place in the estimation of the ancients was the cbs Corinthiacum, which some pretended was an alloy made accidentally, ih the first instance, by the melting- and running to- gether of various metals (especially gold and bronze), at the burning of Corinth by Lucius Munimius, about 146 B.C. This account is obviously incor- rect, as some of the artists whose productions are mentioned as composed of this highly valued metal lived long before the event alluded to. Pliny' par- ticularizes three classes of the Corinthian bronzu. The first, he says, was white {candidum), the gieatei proportion of silver that was employed in its com position giving it a light colour. In the second sort or quality gold was introduced, in sufficient quan- tity to impart to the mixture a strong yellow w gold tint. The third was composed of equal pro- portions of the different metals. Tt e next broniie of note among the ancient Greek scilptors is dis- tinguished by the title of hepatizon, which it seemi it acquired from its colour, which bore some resein 1. (F N., xxiiv., 3 > BRONZE. BRONZE Maiicc to that of the liver (fj'^afj). Pliny says il was inferior lo the Corinthian hronze, but was greatly preferred to the mixtures of Delos and JEgina, which for a long period had a high reputation, and weie much sought after. The colour of the bronze called hepatizan must have been very similar to that of the cmgue cento bronzes — a dull, reddish brown. The next anuent bronze in order of celebrity seems to have been the ces Deliacum. Its reputation was go great that the island of Delos became the mart lo which all who required works of art in metal crowded, and led, in time, to the establishment there of some of the greatest artists of antiquity. Next to the Delian, or, rather, in competition with it, the ., >xxiv.,2.) r (Plin., H. N., xxxiii., 23.) 7. the accounts that havt- been brought down to us aio to be credited, to have existed in very early times. This is not the place to discuss the genuineness of the passage in Homer in which mention Vi made Oi the shield of Achilles. It is only necessaiy here to state, that in one of its compartments, oxen, sheep, and various other objects were represented, and that they were distinguished by variety of colour? Pliny' says that the artist Aristonidas made a sta ue of Athamas, in which he proposed to himself tin difficult task of producing the efl^ect of shame, o blushing, by using a mixture of iron with the bronze in which the work was executed (^s ferruviqut miscmt, ut rubigme ejus per mtorem airis relucente exprimeretur verecundim rubor). Plutarch tells m that a statuary called Silanio or Silanion made statue of Jocasta dying, and so composed his met als that a pallid appearance or complexion was pro- duced. This, it is said, was effected by the intro- duction of silver. Gallistratus speaks of a statue of Cupid by Praxiteles, and another of Occasion (Kotpdf), represented under the form of a youth ; also one of Bacchus by Praxiteles ; all of which were remarkable for the colour of the bronze imi- tating the appearance of nature. A bronze relievo of the battle of Alexander and Porus is also refer- red to for its truth of effect, produced by the blend ing of colours, and which rendered it worthy to be compared with the finest pictures. With the very limited data we possess, it is im possible to offer much conjecture upon these state ments, or to say how much or how little they are to be relied upon. Some of the accounts are most probably inventions of the fancy ; some of then< may be founded on facts greatly overcharged, thii effects described being produced by overlaying tha metal with colour, or in some cases, perhaps, bj what is now called plating. A shght acquaintance with the nature of metal, and the processes of founding, will be sufficient to convince any one cf the impracticability of effecting (at least by melting the materials together, and so producing variety of tints) what it is pretended was done in some of {lie instances referred to. The earliest mode of working in metal among the Greeks seems to have been with the hammer ; by beating out lumps of the material into the form pro- posed, and afterward fitting the pieces together by means of pins or keys. It was called a^frljlaTov, from aijiipa, a hammer. Pausanias' describes this process in speaking of a very ancient statue of Ju- piter at Sparta, the work of Learchus of Rhegium With respect to its supposed antiquity, Pausanias can only mean that it was very ancient, and of the archaic style of art. The term sphurelata is used by Diodorus Siculus in describing some very ancieni works which are said to have decorated the cele- brated gardens and palace of Ninus and Semirami^ at Babylon. Pliny' mentions a statue of Diana Anaitis worked in the same way ; and, that there may be no doubt that it was oi solid hammer-work, he uses two expressions to convey his meaning. The statue was of gold, and the passage describing it has given rise to much discussion ; " Aurea statua prima nulla inanitate, et antequam ex cere aliqua illv mode fieret guam vocant. holosphyraton, in temple Anaitidis posita dicitur." A statue of Dionysius by Onassimedes, of solid bronze, is mentioned by Pau- sanias* as existing at Thebes in his time. The next mode, among the Greeks, of executing metal- works seems to have been by plating upon a nu- cleus, or general form, of wood : a practice Vfhich was employed also by the Egyptians, as is proved by a specimea of their ai t preserved in the British 1.. (jrxxiT., 40.1—2. (iii., 17, ^ 6.)— 3 (H. N , xiiiii., 24 )_«, fix.., IS, « 3.) 177 BRONZE. Museum The subject is a small head of Osiris ind y-G nood is still remaining within the metal. ic is probable that the terms holosphyraton and sphy- raton were intended to designate the two modes of hammer-work ; the first on a solid mass, and the other hammering out plates. It is extremely difficult to determine at what date the casting of metal was introduced. That it was IfROivn at a very early period there can be no douirt, although it may not have been exercised by statua- ries ill European Greece till a comparatively late date. The art of founding may be divided into three classes or stages. The first is the simple melting of metals; the second, casting the fused metals into prepared forms or moulds ; and the third, casting into a mould, with a core or internal nucleus, by which the metal may be preserved of a determined thickness. The first stage must have been known at a period of which we have no record beyond that intimation especially alluded to in Job, which establishes the fact that some of the process- es of metallurgy were well known when that book was composed. The earliest works of art described as of hammer-work were probably executed in lumps of metal that had already undergone this simple preparation. The casting of metal into moulds must also have been practised very early. There are no means of knowing of what material or composition the forms or moulds were made, but in all probability clay (dried, and then perhaps baked) was employed for the purpose. The cir- cumstance of a spot where clay abounded having been chosen for the founding of the bronze works for the Temple of Solomon supports this supposi- tion. Of course, all the earliest works produced in this stage of the art must have been solid. The third process, that of casting into a mould with a core, was an important step in the statuary's art. Unfortunately, there is no record of the time, nor of the mode in which this was effected hy the ancients, unless we consider the statements of Pausanias of sufficient authority for the date of the various dis- coveries among the Greeks. His account would imply that the art of casting was not known before the time of Theodoras of Samos, who probably lived between eight and seven hundred years before our era.' Herodotus," Pliny,' and Pausanias make honourable mention of Rhoecus and Theodoras. Pausanias says' that they first invented casting in tyronze {dux^^^v ;jfaA/c6v Kol dyuXfiara _^;;^;6)vcv• meji Myronis erp.t inscriptum."' In a bronze statue of a youth, in the collection at Paris, are the re- mains of a Greek inscription in silver letters. They are inserted into the left foot. The Museo Borbon- ico possesses some examples of inlaid siher-work. There are also instances of it in the coUectioii of bronzes in the British Museum. ' i The names of few sculptors, or, rather, statuaries of celebrity, have reached us who were not chiefly distinguished for the excellence of their works in bronze. Theodorus of Samos has already been mentioned ; Gitiadas of Sparta and Glaucias of iEgina may be added as holding an eminent plaoi> among the earlier artists in bronze. A list of the statuaries of Greece who excelled in works in met al would almost be a history of sculpture. It wil he enough to state that AgeladaS, the master oi Phidias, Phidias, Alcamenes, Agoracritus, Polycle- tus, Myron, Praxiteles, and Lysippus exercised, and contributed to bring to perfection, this branch of art. Bronze-casting seems to have declined in Greece soon after the time of Alexander the Great, about 330 B.C. The accounts given of the number of works executed about that period almost exceed belief Lysippus alone is said, according to Pliny, to have produced above 600, or, according to anoth- erireading, above 1500.* The Romans were never distinguished for the cultivation of the arts of design ; and, when statues were required by them in the earlier period of their history, they were obliged to call in the aid of Etrus- can artists. Afterward, as their empire was ex- tended, the city was filled with the works of the best schools of Greece, and numbers of artists of that country, no longer able to find employment at home, established themselves in the capital of the West. Zenodorus is said to have executed some magnificent works in the time of Nero ; and the re- mains of art of the time of Trajan, Hadrian, and the Antonines, prove that artists of great skill were liv- ing at the date of those emperors. Many of the 1. (x., 16, t) ]. — Compare Herodotus, i., 25, -who spealu o| lnoKpt]rrjpi6tov nHfiptov /rdXXjjrth'.)— -2. (H. N.. \Kxiv., 17;)— • (Verr., iv., 43.)— 4. (Plin., H. N.. xixiv.. 17.- feiilis. Col. At tif.. f. V. J-vsippi'".) ^1^ BRYO^. BUBALIS. esamples ol jronze works that have reached us ex- hibit signs of having been gilt, and the writers of antiquity refer occasionally to the practice. It does not seem to have been employed till taste had much deteriorated; probably when the value and rich- ness of the material were more highly estimated than thk excellence of the workmanship. Nero commanded a statue of Alexander, the work of Ly- Bippus, to be jgilt ; but Pliiiy' tells us it was found to injure the beauty and effect of the work, and the gold was removed. The greatest destruction, at one time, of ancient works of art is supposed to have occurred at the taking of Constantinople, in the beginning of the thirteenth century. The collection of statues had been made with great care, and their number had accumulated to an amount which seems quite sur- prising when it is considered how long a time had elapsed since art had been encouraged or protected. At the period alluded to we are told that some of ' the finest works of the ancient masters were pur- [ posely destroyed ; either in mere wantonness, or ' with the view of turning the material into money, ' or for sale to the metal founders for the value of ' the briinze. Among the few works saved from this ' devastation are the celebrated bronze horses which • now decorate th6 exteiior of St. Mark's Church at I Venice. They have been ascribed, but without suf- 1 ficient authority, to Lysippus. Before taking leave of the subject of metal- work- > ing, it Cay be right to add a few words upon toreutic iait {TopevTLKTi). From the difference of opinion :ithat exists among antiquaries and scholars, it is : easier to say what it is not than what it is. Some i believe it to be equivalent to the cadaiura of the ' Latins, which seems to mean chasing. Others sup- ipose it meaiis the art of turning, from Tiipvof : and others think it applies to works in relievo, from 70- apof, clear, distinct. Some believe it is the art of » uniting two or more metals ; and others, that it is the lunion of metal with any other material. Millingen, jlwho is one of the best authorities on such subjects, jsaj-s, " The art of working the precious metals ei- ither separately, or uniting them with other substan- Sces, was called tormtice. It was known at a very tearly epoch, as may be inferred from the shield of ! Achilles, the ark of Cypselus, and other productions 8of the kind.'" There is an example of this kind of j'work, noticed by the above writer, in the British jMuseum. It is not cast, but consists of very thin ^laminated plates of silver, beaten or punched out, ^jand chased. The relief is bold, and the accessories jare of sheet gold, overlaid. , *BRUCUS or BRUCHUS (flpovKoc, Pppvxpc),, a jvery formidable species of locuit, described by The- ipphrastus" as the niost d'estructive of their kind. jiThe term, however, does not appear to have been ' very well defined by the Greek vmriters.* The Bru- fhus in the tinnsean system is an insect that com- jmits great ravages on the different graii\s of the nja- ^ority of leguminous plants, and of some kernel jifruits, and particularly on beans, lentils. Vetches, j^nd pease.' The jipovxo; of the, ancients appears jlo have been the same with the Co«™s of Pliiiy and ■jft-stus.' 1; *BRYON ifipvov), a term used in a variety of ;scnses: 1. As applied to the germe of a flower by ;riieophrastus. ' 2. To the male Catkins by the same jWTiter.' 3. To the flowers or corolla by the same,' Vad also by Nicander. '° ^ Tn the sRR-alffoe bv The 4. To the sea-algoe by The- ' 1. (II. N., miT., 19, 4 6.)— 2. (Millinjen, Ano. ined. Monu- 3'Kienta, pi. xiv.— Winokelmiun, Storia delle Arti del Disegno.— ^ualremire de Quincy, Jup. Olymp.)— 3. (De Animal, rep. app., J 4, p. 833, ed. Sohneid.)— 4. (Adams, Append., s. t.)— 5. (Gnf- 'mh'8 Cuvier, toI.xt., p. 64.)— 6. (Plin., H. N.,xxx., 12.— Feist., '■( T.)— 7. (H. P., i., 1.)— 8. (H. P., i., 2.1-0. (H. P., iii., 7.1— * (Theriac., •> , 71.1 ophrastus.' 5. To the fJsncabyDiosoorides, Galen, and Paulus JSgineta." The term Vsnea is borrow ed from the Arabian medical authors, and apphed to a genus of Lichens. 6. To the grape of the white poplar." 7. To a kind of shrub like lettuce.' ♦BRYON'IA (Ppvovia), a species of wild vine. Bryony. The name §pvuvia was applied to two kinds of vine, the u/nreXoc i,cvKri, or white vine (the Bryonia, alba, of Pliny), and the ujiweTioc fteXatva, 01 black vine {Bryonia nigra). The term, however, is more properly applied to the latter of the two. I( is the same with the Tamus Gmnmunis, L.' *BU'BALIS or BU'BALUS (J3ov6aXic or -of), I. names first applied by Aristotle' and his successors to a species of Antelope, most probably the Stag- like Antelope. "How these writers," observes Lieutenant-colonel Smith, " came to designate such an animal by an appellation which is' symphonic with that of the Buffalo in all the dialects of North- ern and Central Asia, cannot be explained but by the supposition that Aristotle gave that name in consequence of some imperfect information which he may have obtained on this subject through the Macedonian invaders of Eastern Persia. It is wor- thy of remark, however, that in the case of those animals of a large size that used, until of late, to be clas jed with the antelope, the more equivocal char- acteristic approximates them to the Bovine nearly as much as to the Caprine nature. Hence the nat- uralists of the present day ha"e found it necessary to interpose a new genus, the characters of which should embrace the evanescent distinctions of An- telope, Capra, and Ovis, together with the incipient characters which show the approximation to Bos. This is the Genus Damalis. The native names ol the animals thus generically separated, import that they are considered distinct from the Antelope in their own countries ; and although no great stress should usually belaid upon local names, yet it would be treating the knowledge and experience of the resident nations with an indiscriminating indiffer- ence, if, upon inquiry, it should be found that, from the earliest antiquity to the present time, every peo- ple who have intimate knowledge of the animai? under consideration should agree in bestowing one generical designation upon them, and yet that such designation should be rejected by systematic wri- ters for one less analogous. Such, however, is the case with the groups of animals before us, which, whether they be Indian or African, have in their lo- cal names either something that shows their separ- ation from Antelope, or, what is more common, a generic indication, which proves them to be regard- ed as more nearly allied to Bos than to Capra Where the Persian, Arabo-Indee, and Eastern and Western Arabic are concerned, it appears that all the species we are about to enumerate will be found designated by the generical word Ghau, ' ox' or 'cow;' Ba.kr, 'oxen,' 'cows,' in the Arabic, or Bakrah in the Persian. The appellation g^ven by Aristotle may, after these remarks, be easily traced to its source.'" *II. The Buffalo. " The name BkWjs is assert- ed to have been transferred from the Antelope Bu- balis of authors (Genus Damalis) to the animals o5 the Buffalo group, during the sixth century of the Roman Empire. It is true, as Buffon maintains, that Aristotle, Pliny, and Oppian did not know the Buffalo by the name of Bubalis, but it cannot be de- nied that, in the age of Martial,' this name was vaguely applied even to the Urus, and, consequent- 1. (H. P., iv., 6.)— 2. (Dioscor., i., 20.— Galen, De Simpl., vi — Panl JEgin., vii., 3.)— 3. (Plin., H. N., xii., 28.)-4. (Plin., H. N., xiii., 25.)— 5. (Plin,, H. N., xxiii., I.— F6e in Plin., 1 <:.) —6. (Aristot., H. A., iii., ().)— 7. (Smith in Griffith's Cm ai vol. iv., p. 343.)— 8. (De Sptct. Ep., 23.) 1T9 BUCCINA. ly, that the lulgar were already familiarized with it as early as the time of the Flavian line. Now the Bubalis of Aristotle must have been a rare ani- mal, which certainly bore no such Greek name in its native regions, and therefore the word itself originated and became common in some other way. The learned among the ancients were as liable to misapply appellations of strange animals as the mod- erns, and the Arachosian oxen of Aristotle may have been known to the Greek soldiers of Alexan- der by another name ; indeed, by the name which it appears the Buffalo bore among the northern na- tions of Central Asia from the earliest periods ; a name which, although it has the sound of a Greek compound, is nevertheless of genuine Turanian ori- gin. It is composed of the syllable Bu, ' ox,' join- ed to a distinctive epithet. Taking the Tartaric to be the root, we find that nearly all the dialects of ancient Turan, Gheen, and the posterior Sclavonic, jesignate both the Buffalo and the Bull by the words Busan, Buka, Busum, Buja, Buha, Bucka, Buga, Bitjan. Buwol is the modern Russian, Bawol the Polish, Buwal Bohemian, and Bial Hungarian. In most of the countries where the above dialects are spoken, the Buffalo is nearly as common as the do- mestic ox, and, moreover, some of these dialects were spoken by the very nations who introduced the animal into Western Asia, Africa, and Europe. From a careful consideration of the whole subject, the presumption will be found to be fairly establish- ed, that the nations who invaded the Roman and Byzantine empires brought with them the very an- imal whose name had reached Europe, perhaps by means of the Greek followers of the Seleucian dy- nasty, and that the word Bubalis is the true name of the Buffalo, as clearly as Urus and Bison are de- rived from the Teutonic Aurochs ( Uroks) and Wiz- end. Aristotle and others evidently knew the Buf- falo (J36e; uypioL tv 'kpaxCiToig, Bos Indicus, or Ara- thosian Ox). It is described as differing from the Dx as the Wild Boar does from the Hog ; to be Mack, powerful, with the nose turned up, and the horns bent outward. In that period, the species was not found farther west than Northeastern Per- sia. Paul Warnefried, surnamed Diaconus, fixes the appearance of Buffaloes in Italy in the reign of Aigilulf, or the close of the sixth century, that is, 'n the year 596. But we may reasonably look for tneir appearance in the east of Europe to an earlier date. If the myriads of Attila's forces drawn out of Eastern and Central Asia, were supported by droves of cattle bearing grain (buck-weed), as is still done with buffaloes in common trade, and by the nomad equestrian nations, who lead or follow these animals in their native regions, there is no reason for us to conclude that the Arachosian Buf- falo was not in their herds ; or if it could be proved that the power of the Huns did not extend into the northern provinces of Persia or Chorasmia, the Avars and Bulgarians may be regarded as the con- ductors of that species to the valley of the Danube, Thrace, and Illyricum. This was probably during the reign of Marcian, or about 453, and the subse- quent introduction of the animals into Italy might result from causes not connected with the migra- tions of barbarians.'" *BUBO, the Horned Owl. (Vid Glaux.) BUC'CINA (^vnavTi), a kind of horn-trumpet, an- ciently made out of a shell. It is thus happily de- scribed Isy Ovid : " Cava huccina sumitur illi Tortilis, in latum qua turbine crescit ah imo : Burcina, qute in medio Ctmcepit ut aeraponto^ Littoia voce replet sub utroque jacentia Phabo.'" 1. (Smith in Grifaih's Cuvier, vol. iv., p. 378, seqq.)— 2. (Met., 180 tJUFO. . The musical instrument huccina nearly resemblR in shape the shell buccinum, and, like it, might ai most be described from the above lines (in the laj, guage of conchologists) as spiral and gibbous. , Ttie two drawings in the annexed woodcut agree witli this account. In the first, taken from a frieze,' ths huccina is curved for the convenience of the per- former, with a very wide mouth, to diffuse and in. crease the sound. In the next, a copy of an ancienl sculpture taken from Blanchini's work," it still nj. tains the original form of the shell. According in Hyginus,' the huccina was invented by Tyrrhenus, a son of Hercules, which, if the tradition werb oi any value, would refer this, as well as many other musical instruments in use among the Romans, to an Etruscan origin. Propertius* testifies to its be- ing a very ancient instrument. Athenaeus' men- tions a kind of shell callei K^pwf (according to Cas- aubon, the shell of the murex), probably from its sonorous qualities. The inscriptions quoted by Bartholini' seem te prove that the huccina was distinct from the corm; but it is often confounded with it.' The bucclna seems to have been chiefly distinguished by tlio twisted form of the shell, from which it was origi- nally made. In later times it was carved from horn, and perhaps from wood or metal, so as to im- itate the shell. The huccina was chiefly used to proclaim lh6 watches of the day" and of the night, hence called huccina prima, secunda, &c.' It was also blown at funerals, and at festive entertainments both before sitting down to table and after.'" Macrobius" tella us that tritons holding huccina were fixed on the roof of the temple of Saturn. According to Festus," huccina is derived from the Greek ffvKiavov, a word not found in the lexicons, or, as others say, from the Hebrew buk, a trumpet. Varro considers it as formed by Onomatopoeia from hou, in allusion to its sound. It is more probably derived from buccinum, the namo of a shellfish. The sound of the huccina was called iucciMMs, ani the musician who played it buccinator (in Greek ^if Kav^T^c). *BU'CERAS (SouKcpaf), the herb Fenugreek, T7t gonellafanum Gracum. The namo is derived from jSoiir, "an ox," and aipag, "a horn," the seed re- sembling the horn of an ox. Other appellations foi this same plant, as given by Dioscorides and Pliny, are telis, carphos, agoceras, cerattis, lotus, and !toi». The Roman writer gives a long account of its sev- eral uses in the healing art, especially in female complaints." *BUFO, the Toad. (Tid. Phrvnos.) 1. (Bumey's History of Music, vol. i., pi 6.)— S. (De Miuio" Instnim. Veteium, p. 15, pi. 2, 18.)— 3. (Fafa., 273.)— 4. (Eleg» iv., 1.)— 5. (iii., p. 86.)— 6. (De Tibiis, p. 226.)— 7. (Mn.,m, 519.) — 8. (Senec, Th^est., 798.) — 9. (Polyb., xiv., 3.— li'i ixvi., 15.— Sil. Ital., Til., 154.— Propert., IV., iv., 63.— Gic.,P» Murajii., 9.)— 10. (Tacit., Aim., XT., 30.)— 11. (i., 8.1— IS. (•.'■) —13. (Theophrast., C. V., T., 13 ; vi., 14.— DioKor., a., 184(- Plia., H. N., xiiv.. ul' > ' ' BULLA. BUSTOM. »BIJGLOSSA and BUGLOSSOS {^ovyTiuamc >r -ov), the herb Bugloss or Ox-tongue, deriving Its name from the likeness its leaf bears to the tODgue of the ox (^ovc, " an ox," and y?.uaaa, " the (ongue"). Owing to the natural resemblance which runs through the genera of Anchusa, Barrago, and Lycopiis, there is some difficulty in deciding exactly »« what genus and species the poiyXuaao^ at the ancients should be referred. Sibthorp and Spren- gel prefer the Anchusa Ilalica, or Italian Alkanet.' — II. The Sole. {Vid. Solea.) BULLA, a circular plate or boss of metal, so call- ed from its resembknco in form to a bubble floating upon water. Bright atuds of this description were used to adorn the sword-belt (^amea bullis cingula ;' bullis asper ba'teus'). Another use of them was m doors, the parts of Rhich were fastened together by brass-headed, or cvon by gold-headed nails.* The magnificent hnrsp. doors of the Pantheon at Rome are enriched with highly-ornamented bosses, some of which are here shown. The golden bosses on the doors of the Temple of Minerva at Syracuse were remarkable both for their number and their weight." We most frequently read, however, of bullae as ornaments worn by children suspended from the neck, and especially by the sons of the noble and v/ealthy. Such a one is called hares iuUatus by Juvenal.' His bulla was made of thin plates of gold. Ita usual form is shown in the annexed -.voodcut, Bh'.cfe lepresents a fine bulla preserved in the Brit- ish Museum, and is of the size of the original. S iTie bulla was worn by children of both sexes for j) ornament, 'as a token of paternal affection and a (I Bign of high birth ;' and, as it was given to infants, jl it sometimes served, like other ornaments or play- ;l things (crcjnndia), to recognise a lost child.' Prob- jably, also, it contained amulets." i Ii:stead of the bulla of gold, boys of inferior rank, ;f including the children of freedmen, wore only a piece of leather (Zorw.m ;'• nodus tantum ct si/rnum de paupere loro ;" libertinis scortea"). i 1. (Dioscor., iv., 126.— Plin., H. N., itv., 8.)— 2. (Virg., JEn., ■ Ic, 359.1—3. (Sill. ApoU., Carm. 2.)— 4. (Plaut., Asin., II., iv., 'l»).)-.5. (Cic, Verr., U., iv., 56.)— 6. (Sdt., xiv., 4.;— 7. (Cic, fj Verr , II., i., 58.)— 8. (Plaut., Ruil., IV., iv., 127.)— 9. (Marrob., 1 « 6.)— 10 (Plin., H. N., xxxiii., 4.)-ll. (Jav., Sat., v., 165.) Ji - ^8 (As( un. Pcd. iu (Jic, I. c.) On arrivmg at adolescence, the bulla was laid aside, together with the praetexta, and it was often consecrated, on this occasion, to the Lares, or tfl some divinity.' Valerius Maximus" mentions a siaiMffl hullata, and examples of boys represented with the bulla are i;ot unfrequent in statues, on tombs, and in other works of art." *BUMAMMA, a kind of large grape, so called be- cause formed and swelling out like an udder or teat (from |8oi), an intensive particle, and mamma, " a dug" or " breast"). The Greek form of the name is Bumastus, jiovfiacTog, from jiov, and /laaroi, "a breast" or " dug." Varro* and Macrobius' employ Bumamma ; Virgil' and Pliny,' Bumaslus. ♦BUMASTUS. (Firf. BciMAMMA.) *BU'NIAS (iSovvtug), a species of plant, the wild Narew. "The term Bunias," remarks Adams, " occurs first in Nicander, and that it is synony- mous with the Gongylis is declared by Galen and Paulus jEgineta ; and, farther, that it was the Brassica Napobrassica, L., or wild Narew, is ad- mitted hy all the late authorities on classical bota- ny, with the exception of Dierbach, who most un- accountably contends that it is the Brassica Olera- cea, or Sea-cabbage."' *BU'NION (^ovviov), a plant of the family of the Umbellifera. The preponderance of authority is in favour of its being the Bunium bulbocastanum, or Earth-nut, a plant having a bulbous root, round, and good to eat The term PoMottdaTavov occurs in the medical works of Alexander Trallianus. The "iev- SoSovviov was taken for the Barbarea vulgaris by Dodonajus and Bauhin ; but Sprengel contends that these ai'thorities were in error, and holds it to be the Pimpinella tenuis, Sieb.' ♦BUPRESTIS (^ovirpTicTi^), an insect treated oi by all the ancient vmters on Tcxicolcf)-. It pt )Tai fatal to cattle when eaten among the grass, produ- cing a burning sensation, whence it derives its name (j3otif, "an ox" or "cow," and irpndu, "to in- flame"). Belon mentions that he found in Greece a species of Cantharis, which corresponded with the ancient description of the Buprestis. " In fact," says Adams, " there is every reason to identify it with the Meloe vesicatoria, often mistaken for the Spanish fly." The Buprestis of the ancients musi not be confounded with the Buprestis of I,inna;us." BURIS. (Vid. Aeatkum, p. 79.) BUSTUA'RII. {Vid. Bustum.) BUSTUM. It was customary among the Ro mans to burn the bodies of the dead before burying them. When the spot appointed for that purpose adjoinocj the place of sepulture," it was termed iu»- ;wm," and hei^f e that word is said by Cicero" to be synonymous with TVfiioQ : when it was separate from it, it was called u^trina.^* There was a Bustum at Rome, in the centre of the Campus Martius, connected with the mausole- um of Augustus, where the remains of that emperor and many of his family were burned and buried. It is described by Strabo," who says that it was of white stone surrounded by an iron railing, and planted on the inside with poplars." In the year 1777, several blocks of travertine stone {lidov ?.ev- Kov") were discovered in the space before the Church of San Carlo at Corso, upon which were inscribed the names of several members of the family of Au- 1. (Pers., v., 31.)— 2. (III., i., 1.)— 3. (Spon, Misc., p. 299.— Middleton, Ant. Mon., tab. 3.)— 4. (R. K., ii., 5.)— 5. (Sat., ii,, ult.)— 6. (Georg., ii., 102.)— 7. (H. N., xiv., 1.)— 8. (Crmmen tary on Paul of .^gina, p. 98.— Compare Apppnd., s. v.) — 9. (Di- oscor., iv., 122. — ^Alex. Trail., vii., 2. — Adams, Append., s. v.)-. 10. (Plin., H. N., XXX., 4 ; xxxi., 10. — Adams, Append., s. v.)— 11. (Tacit., Ann., ii., 73, 83.— Cic, Philipp., i., 8.)— 12. (Festus, s.T.)— 13. (DeLepr., ii.,26.)— 14. (Festus, s. v.)— 15. (v„p.l70.) — 16. (Clompare Herodian, iv., p. 88, ed. Steph.)— 17, (Slrabtf 1 c) ISl nUTYRUM. BUTYRUM. Justus, with the words hic ckematos est, which identifies tiiat locality with the bustum of Augustus. The blocks are now preserved at the Vatican. From this word three others derive their signifi- cations : I. Bdstuakii, gladiators, who were hired to fight round the burning pyre of the deceased, in conse- quence of the belief that the Manes were gratified fc; blood.' II. BnsTUAKi.aE;, women of abandoned character, inter busta ac monumenla prostanlcs.' III. BnsTi'RAPi,' persons suffering the extreme of poverty ; so called because they satisfied their cravings by snatching from the flames of the funer- al pyre the bread and other eatables which the su- perstition of the living dedicated to the dead.' Bustum is also used for the hollow space on the top of an altar in which the fire was kindled." ♦BUTY'RUM (povTvpov), Butter. "This sub- stance," observes Beckmann, "though commonly used at present in the greater part of Europe, was known very imperfectly to the ancients ; to some, indeed, it was not known at all. The translators of the Hebrew writings seem to have thought that they found it mentioned in Scripture,' but those best acquainted with Biblical criticism unanimously agree that the word chamea signifies milk or cream, , or sour thick milk, and that, at any rate, it does not mean butter. The word plainly alludes to something: liquid, ag it appears that chamea was used for washing the feet, that it was drunk, and that it had the power of intoxicating ; and we know that mare's milk, when sour, will produce the like elTect. We can imagine streams of liiilk, but not streams of butter. This error has been occasioned by the seventy interpreters, who translate the He- brew word by the term boutyron (fiavrvpov). These translators, who lived two hundred years after Hip- pocrates, might, as Michaelis remarks, liave been acquainted with butter, or have heard of it ; but it is highly probable that they meant cream, and not our usual butter." " The oldest mention of butter, though dubious and obscure, is in the account given of the Scythi- ans by Herodotus.' According to the historian, they poured the milk of mares into wooden vessels, caused it to be violently stirred or shaken by their blind slaves, and thus separated the part that arose to the surface, which they considered more valua- ble and more delicious than that which was collect- ed below it. Herodotus here evidently speaks of the richest part of the milk being separated from the rest by shaking ; and that what he alludes to here was actually butter, would plainly appear from comparing with what he says the much clearer ac- count of his contemporary Hippficrates. 'The Scythians,' remarks this latter writer, 'pour the milk of their mares into wooden vessels, and shake it violently ; this causes it to foam, and the fat part, which is light, rising to the surface, becomes what is called butter (3 povrvpov Ka^ovm).' Mention of butter occurs several times, in fact, in the writings of Hippocrates," and he prescribes it externally as a medicine ; he gives it, however, another name, pikerion {iriKeptov), which seems to have been in use among the Greeks earlier than the former, and to *iave been afterward neglected. That this word 1. fServ. in .En., i., 519.— Compare Hor., Sat., II., iii., 85 — Flor., iii., 20.)-^2. (Mart., III., iciii., 15 ; I., jorr., 8.— Kirch- msn, De Fun. Rom., iii., 22.)— 3. (Plant., Pseud., I., iii., 127.)— 4. (Compare Terent., Eun., III., ii., 38.— Lucil., Sat., xi-vii. 22, p. 71, ed. Dousa.— Catull., li.x., 2.)— 5. (Tumcb., Advera., xix., Sl.)--fl. (Gen., xviii., 8. — Deuteron'., xxxii., 14. — Judg:e8,v.,'25. —2 Samuel, ivii., 29.— Job, xx., 17.— Id., xxix., 6, &c.— Cora- pare Bochart, Hieroz., ii., 45, col. 473.) — 7. (iv., 2.) — 8. (De Morb., lib. iv., ed. 1595, fol. v., p. 67.— De Nat. Mul., snot v f. 137.— De Moib. Mul., 2, sect, v., p. 191, 235, cloth, we must understand it to mean linen.' The word byssus appears to come from the He brew iate (^^3), and the Greeks probably got it through the Phoenicians.' Pausanias* says that the district of Ells was well adapted for growing byssus, and remarks that all the people whose land is adapted for it sow hemp, flax, and byssus. In another passage* he says that Elis is the only place ip. Greece in which byssus grows, and remarks that the byssus of Elis is not inferior to that of the He brews in fineness, but not so yellow (favfliy). The women in Patrae gained their living by making head-dresses {K£Kpv(pa7iot), and weaving cloth, from the byssus grown in Elis.' Among later writers, the word byssus may, per- haps, be used to indicate either cotton or linen cloth. Bottiger' supposes that the byssus was a kind of muslin, which was employed in making the celebrated Goan garments. It is mentioned in the Gospel of St. Luke* as part of the dress of a rich man : 'FjvedcdvaKeTo iroptlivpav aal jSvaaov.^ It was sometimes dyed of a purple or crimson colour (Bva- aivov Kopvpovv"). Pliny" speaks of it as a species of flax (linum), and says that it served mulierum maxime deliciis. Pollux," also, says that it was a kind of Xivov grown in India ; but lie appears to in- clude cotton under this term. C., K,, &c. CABEI'BIA {Ka.6etpia), mysteries, festivals and orgies solemnized in all places in which the Pelas- giari Cabiri, the' most mysterious and perplexing deities of Grecian mythology, were worshipped, but especially in Samothrace, Imbros, Lemnos, Thebes, Anthedon, Pergamus, and Berytos." Lit- 1. (ii., 86.) — 2. (Egyptian Antiquities, vol. ii , p. 182-196, Lond., 1836.)— 3. (Vid. Gesenius, Thesaurus.)— 4. (vi., 26, ^ 4. —5. (v., 5, « 2.)— 6. (Paus.,vii.,21,«7.)— 7. (Sabina,ii.,p, 105 —8. (xvi., 9.)— 9. (Compare Jtev., xviii, 12.)— 10. (llesydh.)— 11. (H. N., XIX., 4.)— 12. (Ciiom., vii., 75.)— 13. (Paus., ii., 25 S 5 ; iv., 1, i 5 ; ir . 22, » 5 ; , 4, ^ 6.— Euseb., Priep. Evang,' p. 31.) 183 KAKEGORUS DIKE. tie is known respecting the rites observed in these mysteries, as no one was allowed to divulge them.- Diagoras is said to have provoked the highest in- dignation of the Athenians by his having made these and other mysteries public' The most cele- brated were those of the island of Samothrace, which, if we may judge from those of Lemnos, were solemnized every year, and lasted for nine ilays. The admission was not confined to men, for ve. find instances of women and boys being initi- ated.' Persons on their admission seem to have 'indergone a sort of examination respecting the life they had led hitherto,' and were then purified of all their crimes, even if they had committed murder.' The priest who undertook the purification of mur- derers bore the name of Koifjf. The persons who were initiated received a purple riband, which was worn around their bodies as an amulet to preserve thorn against all dangers and storms of the sea.' Respecting the Lemnian Cabiria, we know that their annual celebration took place at night,' and lasted for nine days, during which all the fires of the island which were thought to be impure were extinguished, sacrifices were offered to the dead, and a sacred vessel was sent out to fetch new fire Irom Delos. During these sacrifices the Cabiri were thought to be absent with the sacred vessel ; after the return of which the pure fire was distrib- M' I'd, and a new life began, probably with banquets.' The great celebrity of the Samothracian myster- ies seems to have obscured and thrown into obliv- ion those of Lemnos, from which Pythagoras is said to have derived a part of his wisdom.' Con- cerning the celebration of the Cabiria in other places, nothing is known, and they seem to have fallen into decay at a very early period. •CACAL'IA (/cn/ta^m), a plant mentioned by Dioscorides, Pliny, and others. It is supposed by Sprengel to be the Mercurialis tomcntosa. Sibthorp and Fsp, however, are undecided, though the latter mclines somewhat to the Cacalia petasiles sive al- bifrons.-' KAKIirOP'IAS AIKH {Kanriyopia^ SUri) was an action for abusive language in the Attic courts, called, in one passage of Demosthenes," KOKriyopiov Ainij, and also called ?u>i.Sopiac Slkti {dianav XoftSo- fitof"), and KaiinTioyia^ iUri. This action could be brought against an individual who applied to another certain abusive epithets, such as avSpofovoc, iraTpa- \oiaQ, cfec, which were included under the general aaxae of u,v'.il>priTa. (Firf. Aporkheta.) It was no justification thai, these words were spoken in an- Jer." By a law of Solon, it was also forbidden to speak evil of the dead ; and if a person did so, he was liable to this action, which conld be brought against him by the nearest relative of the deceased. '• If an individual abused any one who was engaged m any public office, the offender not only suffered the ordinary punishment, but incurred the loss of his rights as a citizen (an/iio), since the state was considered to have been insulted." If the defendant was convicted, he had to pay a fine of 500 drachmae to the plaintiflT." Plutarch, however, mentions that, according to one of Solon's laws, whoever spoke evil of a person in the tem- 1. {Strabo, x., p. 365, ed. Tauchnitz. — Apollon. Rhod.,i., 917. -O-ph., Argon., 400.— Val. Flacc, ii., 435.)— 2. (Athenag., Leg., ii., S.)— 3. (Schol. in Earip., Phoen., 7.— Plut., Alex., 2.— DoButus in Terent., Phorm., i., 15.) — 4. (Plut., Laced. Apophth. Antalcid., p. 141, eil. Tauclinitz.— 5. (Liv., xlv., 5. — Schol. in Tlieocr., ii., 12. — Ilesych., s. v. Koitj?.) — 6. (Scliol. in ApoUon., 1 c— Died. Sic, T., 49.)— 7. (Cic, De Nat. Deor., i., 42.)— 8. (Schol. in Apollon. Rhod , i., 608.)— 9. (lamblich., Vit. Pythag., i:. 151. — Cojuparc MiiUer's Pnilcgomena, p. 150.) — 10. {Dios- cor., iv., 121.— Plin., H. N., xvv., 11.)— U. (c. Mid., 644,)— 12. (Aristo.h., Vesp., 1246.)— 13. (Lys.,c. Theomn., i., p. 372,373.) —14. (Demosth., c. Leptin., 488.— c. BiEot., 1022.-.piut., Sol., c. 81.)— 15. (Demosth., c. Mid., 5aj.)—16, (Isocr., c. Loch., 393. - Lva., 0. Theomn., 354,) KAKOSIS. pies, courts of justice, public offices, or li. pull!" festival's, had to pay five drachmas ; but, as Plainer' has observed, the law of Solon was probably chan- ged, and the heavier fine of 500 drachmae substitu- ted in the place of the smaller sum. Demosthenes,, in his oration against Meidias,' speaks of a fine of 1000 drachmae ; but this is probably to be explained by supposing that Demosthenes brought two actions KaKTiyopiac, one on his own. account, and the other on account of the insults which Meidias had com- mitted against his mother and sister,' This action was probably brought, before the thea- mothetffi,* to whom the related iSpeus ypa^ bn- longed. 1 KAKOAOF'IAS AIKH. ( Vid. KAKIirOPIAX AIKH,) KAKOTEX'NIfiN AIKH (KaKOTExv^oiv dUn) cor- responds in some degree with an action Sot subor- nation of perjury. It might be instituted against a party to a previous suit, whose witnesses had already been convicted of falsehood in an action ipevdo/iapTvpiuv.^ It has been also surmised that this proceeding was available against the sams party when persons had subscribed themselveo falsely as summoners in the declaration or indict ment in a previous suit ;' and if Plato's authoiity with respect to the terms of Attic law can be con- sidered conclusive, other cases of conspiracy and contrivance may have borne this title,' With in- spect to the court into which these causes were brought, and the advantages obtained by the sue cessfiil party, we have no information.' KAKO'SIS (/td/cuffif ), in the language of the Attic law, does not signify every kind of ill-treatment, bul 1. The ill-treatment of parents by their children (Ktt/tufftc yoviuv). 2, Of women by their husbandj {Ku.Kuai( ymciKuv). 3. Of heiresses (/cd/fumf tus kmxMpow). 4. Of orphans and widows by their guardians or any other persons (KuKuaig rCm hp^iy vuv Kal xvp^^^ovacjv yvvacKUV). 1. KuKuaig yoveuv was committed by those who struck their parents, or applied abusive epithets to them, or refused them the means of support when they were able to afford it, or did not bury thera after their death, and pay them proper honours.' It was no justification for children that their parents had treated them badly. If, however, they were illegitimate, or had not received a proper education from their parents, they could not be prosecuted for KaKuatg." 2. KuKuaic '/rvni/cuv was committed by husbands who ill-treated their wives in any manner, or had intercourse with other women," or denied their wives the marriage duties ; for, by a law of Solon, the husband was bound to visit his wife three times every month, at least if she was an heiress," In the comedy of Cratinus, called the " Wine Flask" {UvTivrj), Comedy was represented as the wife of Cratinus, who brought an action against him be cause he neglected her, and devoted all his attention to the wine flask," 3. KuKuiTtc Tuv hTTikXripuv was committed by the nearest relatives of poor heiresses, who neither married them themselves, nor gave them a dowry in order to marry them to persons of their own rank in life ;" or, if they married them themselies, did not perform the marriage duties," 4. Kdfcufri; Tuv bp^avCtv koX xvpcvaovauv )W'ff(- 1. (Process bei den Attikem, ii., 192.)— 2. (043,'— 3. (Hudl ■walcker, DiiEtet., 150.)— 4, (Demosth., c. Mid., 54 i.'j—S. (Hai- pocr., s. V. — Demosth., c. Ev. and Mne?., 1. 39, 11 .>— ,6. (Meier, Att. Process, 385.)— 7. (Plato, ls.g, x. &30, E,j— 8. (Meier, Att. Process, 45, 386.)— 9. (Aristrph, Ar, 757; 1 356.— Svud., « V. XlcXapyiKds N6iios.)—'iO. (Meier, Att. Process, p. 288 )— II (Diog. Laort., iv., 17.— Compare Plut., Alcib., 8,)— 12. (Pint, Sol., c. 20.— Erotic, c 23.)— 13. (Schol. in Aristopll., Eqi it., 399,) — 14, (Demosth,, c Macart,, 1076. — Harpocr., a. v. 'EvrMticof eS'-ct.-Snid., Pilot,, s. v.eijrnif.)— 15. (Plut., Sol., c 2U ,.:, CADISKOI. CADt'CCUS. »uv was coitmiitted by those who injured in any wav either orphans or widows, botii of whom were considered to be in an especial manner under the protection of the state.' The speech of Isaeus on the Inheritance of Hagnias, is a defence against an ^laayyMa Kaxaaeui of this kind. All these cases oi KuKuat^ belonged to the juris- Jietion of the chief archon {iipx'-'v iirCiw/jioi). If a peiaon wronged in any way orph:ins, heiresses, or widows, the archon could inflict a fine upon them himself; or, if he considered the person deserving of greater puiiishment, could bring him before the heliaea.' Any private individual couM also accuse parties guilty of /cdKoujf by means of laying an in- formation {elaayyeJua) before the chief archon, though sometimes the accuser proceeded by means i.if a regular indictment iypa^ri), with an avuKpiaiQ before the archon.' , Those who accused persons guilty of KaKuatg incurred no danger, as was usual- ly the case, if the defendant was acquitted, and they did not obtain the fifth part of the votes of the di- casts.* The punishment does not appear to have been fixed for the different cases of xaKuai^, but it was generally severe. Those found guilty of KUKaaig yovtuv lost their civil rights {drifiia), but were al- lowed to retain their property (ovtoi anfioi i/aav to TU/iara, tu, Se ;i;p^//ara elxov''); but if the kukuhic ';onsisted in beating their parents, the hands of the offenders might even be cut off.' *CACTUS {auKTo^), a species of plant. Spren- gel inclines to the opinion that it was the kind of artichoke called Cardoon, namely, the Cinara car- (luMculus. Stackhouse suggests that it was the Cactus opuiuia, or Indian Fig. The locality of the KuKTOi of Theophrastus does not suit well with ei- ther of these plants. Schneider proposes the Acarna rancellata. Sprengel's opinion is, perhaps, after all, the more correct one, and is advocated by Fee. riiny describes the Cactus as growing only in Si- cily.' CADA'VER. {Vid. Funus.) CADISKOI or CADOI, also CADDISKOI (/aXairX6K0i,' and also aanxvtliuvTai.,' according to Pollux,' who explains the word by ol irTiinovrs; rail yvvai^i rot'f iceicpv i., pi. 59; vol. ii., pi. 43.) '«7 CALATHTJS. original painting, which consists of many other fe- male figures, engaged in the celebration of certain mysteries. The mitra was originally the name of an eastern head-dress, and is sometimes spoken of as charac- teristic of the Phi7gians.' Pliny' says that Poly- piiotus was the first who painted Greek women •ni/rij tjersicoloribiu. CALCfiUS. The name of calathi was also given to oufs for hold ing wine.' It appears from a passage in Martial' (fortior in- tartos servat vesica capillos) that a bladder was some- times used as a kind of covering for the hair. CAL'ATHUS, dim. CALATHIS'CUS (KuyiaSoc, Ka^aeidKoc), also called TA'AAPOS, usually signi- fied the basket in which women placed their work, and especially the materials for spinning. Thus Pollux* speaks of both Tokapog and kuXoSo^ as rrj^ yvvacKavtnSog anevri : and in another passage* he names them in connexion with spinning, and says that the ruXapo; and KalaMiaKo^ were the same. These baskets were made of osiers or reeds ; whence we read in Pollux' irXeKeiv raXapov^ xat KaXaSldKov;, and in Catullus,' " Ante pedes autem candentis mollia lance Vellera virgati custodibant calathisci." Tiiny appear, however, to have been made in earlier times of more valuable materials, since we read in Homer* of a silver ruKapoQ. They frequently occur in paintings on vases, and often indicate, as Botti- gsr' has remarked, that the scene represented takes |!lace in the gynaeconitis, or women's apartments. In the following woodcut, taken from a painting on A vase," a slave, belonging to the class called qua- sillariaj, is presenting her mistress with the calathus, in which the wool was kept for embroidery, &c. Baskets of this kind were also used for other (pur- poses," such as for carrying fruits, flowers, &c." 1. (Vit"., Mrt.., ix., 616, seq.)— 2. (H. N., nxxy., 35.)— 3. fVin., Mxiii., 19.) — 4. (X., 125.)— 5. (vii., 29.)— 6. (vii., 173.) —7. (liiv., 319.)— 8. (Ocl., iv., 125.) — 9. (Vasengem., iii., 44.) —10. (Millin Peintnres de Vases Antiques, vol. i., pi. 4.) — 11. IDJiKiKer, Saliina, V il. ii., p. 252, 258.)— 12. (Ovid, Art. Am., j , 264.) IRR Calathus was properly a Greek word, thoiigli useii by the Latin writers. The Latin word corres)Pond- ing to it was quaius," or quasillus.^ From quasillu-a came quasillaria, the name of the slave who spun, and who was considered th 3 meanest of the female slaves ( Convocat omncs quasillarias, familiccque sor- dissimam partem*). CALCAR, a spur, that is, a goad attached to the heel (calx) in riding on horseback, and used to urge on the horse to greater swiftness.* The early adoption of this contrivance by the Ro- mans appears from the mention of it in Plautus* and Lucretius.' It is afterward often alluded to by Cicero,' Ovid,' Virgil,'* and subsequent Roman au- thors. On the other hand, we do not find that the Greeks used spurs, and this may account for the fact that they are seldom, if ever, seen on antique statues. The spurs of a cock are called calcaria. ■ CALCEUS (dim. CALCEOLUS), CALCEA- MEN, CALCEAMENTUM (iwoSruia, TriStlov), a shoe or boot, anything adapted to cover and preseive the feet in walking. The use of shoes was by no means universal among the Greeks and Romans. The Homeric he- roes are represented without shoes when armed for battle. (Vid. Arma, Balteus.) According to the institutions of Lycurgus, the young Spartans were brought up without wearing shoes (uTOffodi/oia"), in order that they might have the full use of their feet in running, leaping, and climbing. Socrates, Pho- cion, and Cato frequently went barefoot (avvnodi;- Tof," pede nudo^*). The Roman slaves had no shoes {nudo talo^^), their naked feet being marked with chalk or gypsum. The covering of the feet was re- moved before reclining at meals. (Vid. Ccena.) To go barefoot also indicated haste, grief, distrac- tion of mind, or any violent emotion, as when the chorus of Oceanides hasten to the fettered Prome- theus (u7re'(Si/lof") ; when Venus goes in quest o( Adonis (,aS. aient experienced by Ovid, until he was informed nf the reason of it, in a particular instance. " Hue pede matronam vidi deseendere nudo : Obstupui tacitus,'sustinuigue gradum." The feet were sometimes bare in attendance on funerals. Thus the remains of Augustus were col- Ifcted from the pyra by noblemen of the first rank with naked feet.' A picture found at Herculaneum exhibits persons with naked feet engaged in the worship of Isis ;' and this practice was observed at Rome in honour of Cybele.' In case of drought, a procession and ceremonies, called Nudipedalia, were performed with a view to propitiate the gods by the same token of giief and humiliation.* The idea of the defilement arising from contact with anything that had died, led to the entire disuse of skin or leather by the priests of Egypt. Their shoes were made of vegetable materials (caXceos ex papyro'). {Vid. Baxa.) Those of the Greeks and Romans who wore shoes, including generally all persons except youths, slaves, and ascetics, consulted their convenience, and indulged their fancy, by inventing the greatest possible variety in the forms, colours, and materials of their shoes. Hence we find a multitude of names, the exact meaning of which it is impossible to as- certain, but which were often derived either from the persons who were supposed to have brought certain kinds of shoes into fashion, or from the pla- ces where they were procured. We read, for ex- ample, of " shoes of Alcibiades ;" of " Sicyonian," and " Persian," which were ladies' shoes ;' of " La- conian," which were men's shoes ;' and of " Cre- tan," " Milesian," and " Athenian" shoes. The distinctions depending upon form may be gen- erally divided into those in which the mere sole' of s shoe was attached to the sole of the foot by ties or bands, or by a covering for the toes or the instep (mrf.'SoLEA, Ckepida, Soccn.s) ; and those which ascended higher and higher, according as they cov- ered the ankles, the calf, or the whole of the leg. To ealceamenta of the latter kind, i. e., to shoes and boots as diatinguished from sandals and slippers. iko tenn '• oalceus" was applied in its proper and restricted sense. Besides the difference in the mtervals tJ which the calceus extended from the sole upward to the knee, other varieties arose from its aaaptation to particular professions or modes of life. Thus the GALiQA was principally worn by soldiers ; the pkro by labourers and rustics; and the cothobnds by tragedians, hunters, and Ijorsemen. Understanding " calceus" in its more confined ayt- plication, it included all those more complete cover- ings for the feet which were used in walking out oi doors or in travelling. As most, commonly worn, these probably did not much differfrom our shoes, and are exemplified in a painting at Herculaneum,' which represents a female wearing bracelets, a wreath of ivy, and a panther's skin, while she is in the attitude of dancing and playing on the cymbals. Her shoes are yellow, illustr.iting the facithat they were worn of various colours, especially by females. ( Yid. preceding woodcut.) The shoe-ties (corrigia) are likewise yellow. These shoes appear light and thin, corresponding to the dress and attitude of the wearer. On the other hand, a marble foot in the British Museum exhibits the form of a man's shoe. Both the sole and the upper leather are thick and strong. The toes are uncovered, and a thong passes between the great and the second toe, as in a sandal. 1 (Suet., Octav., 100.)— 2. (Ant. d'Ereol., ii.,320.)— 3. (Pru- llBnt.,reris., 154.)— 4. (TertulL, Apol., 40.)— 5. (Mart. Oopell., 2.)— 0. (Cic, Do Orat., i., 54.— Ilesych.)— 7. (Aristoph., Thes., W3.) ' For an example of calcei reaching to the middle of the leg, see the figure of Orestes in Amentum (p. 47). In the Panathenaio frieze of the Parthenon, boots much like his, but reaching still higher, are worn by many of the Athenian horsemen. They are fastened tightly below the knee, and fit closely in every part, showing how completely the sculptor avoided the reproach of making the foot " float" in the shoe [natare,' ivtov tv Talcl/iCdaiv'). In many statues the flaps are produced by turning down the head and claws nf the quadruped out of whose hide the boot was made. We often see it laced in front. {Vid. CoTHUKNirs.) Upon no part of their dress did the ancients be- stow greater attention than upon this. Theophras- tus* considers it as a proof of rusticity to wear shoes larger than the foot.' If, on the one hand, Ovid* advises the lover, " Nee vagus in lata pes libi felle natet," we find Quintilian, on the other hand, laying down similar maxims for the statesman and the orator.' Overnicety produced the inconve nience of pinching shoes,' especially when they were pointed at the toes and turned upward {unci- mUi). Besides the various and splendid colours of the leather, the patterns still existing on marble statues show that it was cut in a very elaborate manner. When Lucullus triumphed after his vic- tories in Asia, he displayed fine shoes from Syria, painted with spots in imitation of jewels.' Real gems and gold were added by some of the emper- ors, especially Heliogabalu.", who wore beautiful cam- eos on his boots and shres, but with the natural efl%ct of exciting ridicule rather than admiration." The form and colour of the calceus were also 1. (Ant. d'Eroo!., i., ta/. 21.) — 2. (Ovid.) — 3. (Arietoph., Equit.,321.)— 4. (Char.,4.)— 5. (Compare Ilor., Sat., I., iii., 38.) —6. (DeArt. Am.,i ,516.)— 7. (Ins. Or., xl., 3, p. 439, ed. Spald ing.)— 8. (Hor., Ep., I., x., 43.)— 9 (Sorv. iu iEil., iv., 2S1.)— 10 (Lamprid., lleliog., 23.— Alex Sev., 4.1 189 CALENDAR. OALENDAR. among the insignia of rank and office. Those who were elevated to the senate wore high shoes lilie Imskins, fastened in front with four black thongs (nigris pellibtis^), ani adorned with a small cres- cent.' Hence Cicero,^ speaking of the assumption of the senatorial dignity by Asinius, says mulavit caleeos. Another man, in similar circumstances, was told that his nobility was in his heels.* Among the calcei worn by senators, those called mullei, from their resemblance to the scales of the red mul- let,* were particularly admired ; as well as others called oMttiE, because the leather was softened by the use of alum.' CALCULA'TOR (loyLaTfit) signifies a keeper of accounts in general, but was also used in the signi- fication of a teacher of arithmetic ; whence Martial' classes him tvith the notarius, or writing-master. The name was derived from calculi, which were commonly used in teaching arithmetic, and also in reckoning in general. (Vid. Abacus, No. VI.) Among the Greeks the ^o-ytaTT;^ and ypafi/iaTiar^i appear to have been usually the same person. In Roman families of importance there was a calculator or account-keeper,' who is, however, more frequently called by the name of dispensator 01 procurator, who was a kind of steward.' CALCULI were little stones or pebbles, used for various purposes; sucii, for example," as the Athe- nians used in voting {vid. Cadiskoi), or such as De- mosthenes put in his mouth when declaiming, in order to mend his pronunciation!'" Calculi were used in playing a sort of draughts. {Vid. Latkhn- ouLi.) Subsequently, instead of pebbles, ivory, or silver, or gold, or other men (as we call them) were used, but still called calculi. The calculi were bi- colores}^ Calculi were also used in reckoning, and hence the phrases calculum ponere,^' calculum subdu- :ire." (Vid. Abacus, No VI.) CALDA. {Vid. Calida.) CALDA'RIUM. (Vid. Baths, p. 149.) CALENDAR (GREEK). The Greek year was divided into twelve lunar months, depending on the actual changes of the moon. The first day of the month {voviiTivia) was not the day of the conjunc- tion, but the day on the evening of which the new moon first appeared ; consequently full moon was the middle of the month, and is called Sixofoivig, or " the divider of the month."" The lunar month consists of 29 days and about 13 hours ; according- ly, some months were necessarily reckoned at 29 days, and rather more of them at thirty days. The latter were called /mH months (TrAiypetf), the former hollow months (koiXoi). As the twelve lunar months fell short of the solar year, they were obliged every other year to interpolate an intercalary month (/i^v i/iSoTitfialoi;) of 30 or 29 days. . The ordinary year consisted of 354 days, and the interpolated year, therefore, of 384 or 383. This interpolated year (TpUrrjpt;) was seven days and a half too long ; and, to correct the error, the intercalary month was from time to time omitted. The Attic year began with the summer solstice : the following is the sequence of the Attic months, and the number of days in each: Hecatombaeon (30), Metageitnion (29), Boe- dromioii (30), Pyanepsion (29), Msmacterion (30), Poseideon (29), Gamelion (30), Anthesterion (29), Elaphebolion (30), Munychion (29), Thargelion (30), Scirophorion (29). The intercalary month was a 1 (Hor., Sat., I., vi., 27.— Heindorf in loo.)— 2. (Mart., ii., S9-Jav., Tii., 192.)— 3. (Phil, xiii., 13.)— 4. (Philostr., Her., viiL) — 5. (Tsidor., Otig., xix., 14.)— 6. (Mart., Juv., U. co. — Ly- duj, De Mag., i., 32.— Ovid, De Art. Am.,iii., 271,)— 7. (x., 62.) —8. (Dig. 38, tit. i.; s. 7.)— 9. (Cic, ad Art., xi., 1.— Plin., Ep., =ii., 19— Suet., Oal., c. 12.— Vesp., c. 22.)— 10. (Cic.,De Orat., S., 61.)— 11. (Sidon., Epist., viii., 12.— Ovid, Trist., ii., 477.— Mart., liT., 17, 2 ; xiv., 20.)— 12. (Colum.. iii.. Si)— 13. (Cic, De Fin., ii., 19, &c.)— 14. fl nd., Olyrap., iii., 34.) 190 second Poseideon inserted in the middle ot ih year. Every Athenian month was divided into three decads. The days of the first decad were designated as iara/ievov or apxofisvov /iijvo;, and were counted on regularly from 1 to 10 ; thus (5e«. Tipa apxo(J.£vov or iara/iEvov is " the second day o/ the month." The days of the second decad were designated as M ScKa, or /leaovvTo;, and were count- ed on regularly from the 11th to the 20th day, whicli was called elica^. There were two ways of count ing the days of the last decad: they were either reckoned onward from the 20th (thus Trpuri/ M ekadj was the 21st), or backward from the last day, with the addition ^Bivovrog, Travo/iivov, T^^yovTOi, or dmovTog; thus the 21st day of a hollow month was ivdrji ^6ivovTO( — of a full month, Sekutt) fBivovTo;. The last day of the month was called Iv^ xal via, "the old and new," because, as the lunar month really consisted of more than 29 and less than 30 days, the last day might be considered as belonging equally to the old and new month.' The first calendars of the Greeks were founded on rude observations of the rising and setting of cer- tain fixed stars; as Orion, the Pleiades, Arcturus, &c. The earliest scientific calendar, which super- seded these occasional observations, was that o( Melon. He observed that 235 lunar months cor- respond very nearly to 19 solar years. According- ly, he introduced a cycle of 19 years, or 6940 days, distributed into months, so that they corresponded to the changes of the moon throughout the whole period. This cycle was called the year of Melon (Meruvof hiavTog), and the calendar based upoii it was published at Athens in 01. 86, 4. The calen- dar commenced with the month Scirophorion (16th' July, B.C. 432). This cycle of 19 years was an ex- tension of the oitaeteris of Cleostratus, which con- tained 8 years, or 99 months, or 2922 days. Three of the months in the octaeteris were intercalary, oc curring in the third, fifth, and eighth years of the cycle. If Melon had reckoned every month full; his cycle would have contained 7050 days, or 70S0 — 6940=110 days too much ; consequently, it was necessary to take liO hollow months in each cycle. Dividing 7050 by 110 we gel the quotient 64, which denotes the interval between every two successive days to be rejected {Tj/jiepai k^aipiai/ioi). Melon's canon begins with two full months, and then we have hollow and full months alternately ; but, after the interchange has taken place eight times, two full months come together, because there must be 17 full months in every 32. The Metonic cycle was corrected in 01. 110, by CaUippus of Cyzicus. Melon had made the solar year ^ of a day too long. Callippus accordingly assumed a 4x19=76 years' cycle omitting one day, or 27759 days. The epoch of this cycle is 28th June, B C. 330, 01. 112, 3 A farther correction of the Metonic cycle was inlro duced by Hipparchus, the celebrated astronomer, as even Callippus had still left the solar year loo long by 3^ of a day ; he therefore assumed a cycle of 4x 4x19=4x76 years wanting one day, or 111035 days. This period of 304 years, withl 12 intercala- ry months, is called the year of Hipparchus. Separate years were designated at Athens by the name of the chief archon, hence called upxi^y i-KuymnoQ, or " the name-giving archon ;" at Sparta, by the first of the ephors ; at Argos, by the priest- ess of Juno, &c. The method of reckoring by Olympiads was brought into use by Timoeus ol Tauromenium about 01, 130. As this clumsy metb- od of reckoning is still found in books, it will be right to give the rules for converting Olympiads into the year B.C., and vice versa. 1. (.Vid. Aristoph., N »"j., 1131 , . (Liv.,iT., 17 —9. (iv., 58.) ini CALENDAR. jedi3, SO to 16| ; so that the former truce termina- ted in 314, the latter in 346. Similarly, the truce of eight years concluded with the Volscians in 323, extended, in fact, to no more than 63 full years ; and hence the Volscians resumed the war in 331, without exposing themselves to the charge of per- jury. These ingenious, and, perhaps, satisfactory spec- ulations of the German critic, of course imply that the decimestrial year still survived long after the regal government had ceased ; and, in fact, he be- lieves that this year and the lunar year, as deter- mined by Scaliger's proposed cycle of 22 years, co- existed from the earliest times down to a late pe- riod. The views of Niebuhr do not require that the months should have consisted of 31 or 30 days ; indeed, it would be more natural to suppose that each moAth, as well as the year, contained a pre- cise number of eight-day weeks ; eight of the months, for instance, having four such weeks, the two oth- ers but three. Even in the so-called calendar of Numa we find the Etruscan week affecting the di- vision of the month, there being eight days between the nones and ides, from which circumstances the nones received their name ; and, again, two such weeks from the ides to the end of the month, and this whether the whole month contained 31 or 29 days. The Year of Numa. — Having described the Ro- mulian year, Censorinus' proceeds thus : " After- ward, either by Numa, as Fulvius has it, or, ac- cording to Junius, by Tarquin, there was instituted a year of twelve months and 355 days, although the moon in twelve lunations appears to complete but 354 days. The excess of a day was owing eilher to error, or, what I consider more probable, lo that superstitious feeling, according to which an odd number was accounted full {plenus) and more fortunate. Be this as it may, to the year which had previously been in use (that of Romulus) nne-anJ-fifly days were now added; but, as these ■were not sufficient to constitute two months, a day was taken from each of the before-mentioned hol- low montiis, which, added thereto, made up 57 days, cut of which two months were formed, Januarius with 29, and Februarius with 28 days. Thus all ihu months henceforth were full, and contained an odJ number of days, save Februarius, which alone was hollow, and hence deemed more unlucky than the rest." In this passage it is fitting to observe, that the terms pleni and cavi menses are applied in a sense precisely opposite to the practice of the Greek language in the phrases iitiveq irXiipct; and KotXot. The mysterious power ascribed to an odd number is familiar from the Numero deus impare gaudet of Virgil. Pliny also" observes, "Impares nu- meros ad, omnia vehementiores credimus." It was, of course, impossible to give an odd number of days, at the same time, to the year on the one hand, and to each of the twelve months on the other ; and yet the object was in some measure effected by a division of February itself into 23 days, and a su- pernumerary period of five days. (See the mode of intercalation below.) The year of Numa, then, according to Gensorinus, contained 355 days. Plu- tarch tells us that Numa estimated the anomaly of the sun and moon, by which he means the differ- ence between twelve lunations and the sun's annual course, at eleven days, i. e., the difference between 365 and 354 daj's. Macrobius, too, says that the ^ ar of Niima had at first 354, afterward 355 days.' TweTrS lunations amount to 354 days, 8h., 48' >6", so i.ia; the so-called year of Numa was a tol- 1 (c.SO.)— 2. (H. N., xxviii., 5.)— S. (Compare LiT.,i., 19.— Ond, F«st., i., 43 ; iii., 151.— Aurel. Vict., c. 3.— Florus, i., 2. EiAinTa, c. 1.) '-02 CALENDAR. erably correct lunar year, though the months wouia have coincided more accurately with the single lu- nations if they had been limited to 30 and 29 days, instead of 31, 29, and 28 days. That it was, in fact, adapted to the moon's course, is the concur- rent assertion of ancient writers, more particularlj of Livy, who says: "(Numa) omnium primum ad air- sum luna in duodecim mensis describit annum." Ub- fortunately, however, many of the same writers as- cribe to the same period the introduction of such a system of intercalation as must at once have dislo. cated the coincidence between the civil month and the lunar period. At the end of two years the year of Numa would have been about 22 days in arrear of the solar period, and, accordingly, it is said an in tercalary month of that duration, or else of 23 days, was inserted at or near the end of February, to bring the civil year into agreement with the regular return of the seasons. Of this system of intercala- tion a more accurate account shall presently be given. But there is strong reason for believing that this particular mode of intercalation was not contemporary in origin with the year of Numa. In antiquarian subjects it will generally be found that the assistance of etymology is essential ; be- cause the original names that belong to an institu- tion often continue to exist, even after such changes have been introduced, that they are no longer adapt- ed to the new order of things ; thus they survive as useful memorials of the past. In this way we are enabled, by the original meaning of words, aided by a few fragments of a traditional character, to slate that the Romans in early times possessed a yeai wliich altogether depended upon the phases of the moon. The Latin word mensis,^ like tlie Greek /.c^v or /ietf, and the English month, or German monath, is evidently connected with the word moon. Again, while in the Greek language the name vav- /ijjvca (new moon), or Iv^ Kal vea, given to Iho first day of a month, betrays its lunar origin, the same result is deduced from the explanation oi' the word kalendm, as found in Macrobius.' "In an- cient times," says that writer, " before On. Flaviui the scribe, against the pleasure of the patricians, made the fasti known to the whole people (the end of the 4th century B.C.), it was the duty of one of the pontifices minores to look out for the first ap- pearance of the new moon, and, as soon as he de- scried it, to carry word to the rex sacrificulus. Then a sacrifice was offered by these priests ; after which, the same pontifex, having summoned the plebs (calata plehe) to a place in the Capitol near the Curia Calabria, which adjoins the Casa Romuli, there announced the number of days which still re- mained to the nones, whether five or seven, by so often repeating the word Kalu." There was no necessity to write this last word in Greek charac- ters, as it belonged to the old Latin. I.a fact, in this very passage it occurs in both calata and cola- bra ; and again, it remained to the latest times in the word nomenclator. In regard to the- passage here quoted from Macrobius, it must be re'jollected that, while the moon is in the immediate vicinity of ttie sun, it is impossible to see it with thfi naked eye, so that the day on which it is first seen is nd of necessity the day of the actual conjunction. We learn elsewhere, that, as soon as the pontifex dis> covered the thin disc, a hymn was sung, beginning Jana novella, the word Jana' being only a dialectic variety of Diana, just as Diespiter or Diupiter cor- responds to Jupiter; and other examples might readily be given, for the change occurs in almost every word which has the syllables de or di before a vowel. Again, the consecration of the kalends tn 1. (Varro, De Ling. Lat., vi., or, in the old editions, v., 54.)-? 2. (i., 15.)— 3. (Macrob., Sat., i.,9.— Vano,De Ho Rust..!.. 37) CALENDAR. UAJ.ENDAK. >uno IS relerred by the latter writer to the. fact that the months originally began with the moon, and that Juno and Luna are the same goddess ; and the poet likewise points at the same connexion in his explanation of Juno's epithet Lucina. More- o>er, at Laurentum, Juno was worshipped as Juno Kalendaris. Even so late as 448 B.C., strictly lunar months were still in use ; for Dionysius" says that Appius, in that year, received the consular au- thority on the ides of May, being the day of full moon ; for at that time, he adds, the Romans regu- lated their months by the moon. In fact, so com- pletely was the day of the month which they called the ides associated with the idea of the full moon, that some derived the word uvd tov ddov;, quod eo die plenam speciem luiia demonslret.^ Quietly to in- sert the idea of plenam, when the Greek word sig- nified merely speciem, is in accordance with those loose notions which prevailed in all ancient attempts at etymology. But, though the derivation is of course groundless, it is of historical value, as show- ing the notion connected with the term ides. For the same reason, probably, the ides of March were selected for the sacrifice to the goddess Anna Perenna, in whose name we have nothing more than the feminine form of the word annus, which, whether written with one n or two, whether in its simple form annus or diminutive annulus, still al- ways signifies a circle. Hence, as the masculine form was easily adopted to denote the period of the sun's course, so the feminine, in like manner, might well be employed to signify, first, the moon's revo- lution, and then the moon herself. The tendency among the Romans to have the same word repeat- ed, first as a male, and then as a femsile deity, has been noticed by Niebuhr ; and there occurs a com- plete parallel in the name Dianus, afterward Janus, for the god of dies, or light, the sun ; Diana, after- ward Jana, for the goddess of light, the moon, to say nothing of the words Jupiter and Juno. That the month of March should have been selected arose from its being the first of the year, and a sac rifice to the inoon might well take place on the day when her power is fully displayed to man. The epithet Perenna itself means no more than ever-cir- cling. Nay, Macrobius himself* connects the two words with annus, when he states the object of the sacrifice to be, ut annare perennaregue commode liceat. Another argument in favour of the lunar origin "jf the Roman month is deducible from the practice of counting the days backward from the kalends, nones, and ides; for the phrases will then amount to saying, "It wants so many days to the new moon, to the first quarter, to full moon." It would be diflScult, on any other hypothesis, to account for the adoption of a mode of calculation, which, to our notions, at least, is so inconvenient ; and, indeed, it IS expressly recorded that this practice was derived from Greece, under which term the Athenians prob- ably are meant ; and by these we know that a strictly lunar year was employed down to a late period.' But perhaps the most decisive proof of all hes in the simple statement of Livy,' that Numa so regula- i ted his lunar year of twelve months by the insertion of intercalary months, that at the end of every nine- teenlk year it again coincided with the same point I in thj sun's course from which it started. His ' words are, " Quern {annum) intercalaribus mensibus tnterponendis ita dispensavil ut vicesimo anno ad me- ; lam eanderr, solis unde orsi sunt, plcnis annorum om- ; nium spatiis, dies congruerent." We quote the text. 1. (Orid, Fast., i., 55; vi., 39.— Marrob., Sat., i., 9, 15.)— 2. (Antiq. Rom., %., 59.)— 3. (Maciob,. ib 1—4 (c. \2.)-i. (Ma- mti., c. 16 1—6. (1., 19.) B a because editors, n suppoit of a theory, liave taken the liberty of aAering it by the insertion of the word quarto, forgetting, too, tliat the words quarto et vicesimo anno signify, not every twenty-fourth year, which their theory requires, but every, twenty third, according to that peculiar error of the Ro- mans Vvhich led them to count both the extreme* in defining the internal from one point to another, and which still survives in the medical phrases ter tian and quartan ague, as well as in the French ex- pressions huit jours for a. week, and quinze jours for a fortnight. Accordingly, it is not doing violence to words, but giving the strict and necessary mean- ing to them, when, in our own translation of the passage in Livy, we express vicesimo anno by euerj nineteenth year. Now 19 years, it is well known, constitute a mosi convenient cycle for the conjunction of a lunar and solar year. A mean lunation, or synodic month, ac- cording to modern astronomy, is 29d., 12h., 44' 3", and a mean tropical year 365d., 5h., 48' 48". Hence it will be found that 235 lunations amount to 6939d.. 16h., 31' 45", while 19 tropical years give 6939d.. 14h , 27' 12", so that the difference is only 2h., 4' 33". Although it was only in the second century B.C. that Hipparchus gave to astronomical obser- vations a nicety which could pretend to deal with seconds (his valuation of the synodic month was 29d., 12h., 44' 31"'), yet, even in the regal period of Rome, the Greek towns in the south of Italy must already have possessed astronomers, from whom the inhabitants of Latium could have bor- rowed such a rough practical knowledge of both the moon and sun's period as was sufficient to show that at the end of 19 solar years the moon's agt would be nearly what it was at the commencement ; and it should be recollected that the name of Num.) is often connected by tradition with the learning of Magna Grsecia. At any rate, a cycle of 19 yearc was introduced by Meton, at Athens, in the yeai 432 B.C. ; and the knowledge of it among the learn- ed may probably have preceded, by a long period, its introduction into popular use, the more so as religious festivals are generally connected with the various divisions of time, and superstition, there- fore, would be most certainly opposed to innova- tions of this nature. How the Romans may have intercalated in their 19 lunar years the seven addi tional months which are requisite to make up the whole number of 235 (=12xl9-|-7) lunations, is a subject upon which it would be useless to speculate. From a union of these various considerations,, it must be deemed highly probable that the Romans at one period possessed a division of time depend- ant upon the moon's course. Year of the Decemviri (so called by Ideler). — The motives which induced the Romans to abandon the lunar year are nowhere recorded, nor, indeed, the date of the change. We have seen, however, that even in the year 448 B.C., the year was still regu- lated by the moon's course. To .this must be add- ed, that, according to Tuditanus and Cassius Hemi- na, a bill on the subject of intercalation was brought before the people by those decemviri who added the two new tables to the preceding Ten,' that is, in the year 450 B.C. That the attention of these decem- viri was called to the calendar is also proved by the contents of the Eleventh Table, wherein it is de- creed that " the festivals shall be set down in the calendars." We have the authority of Varro, in deed, that a system of intercalation already existed at an earlier date ; for he says that there was a very ancient law engraved on a bronze pdlar by L. Pinarius and Furius in their consulate cui mcntic inlercalaris ascribilur. We add the last words in I. (Ftokm., Almag., iv., 2.1—2. iMacrob., o. 13.) 193 CALENDAR. CALENDAR. Latin from the text of Macrobius,' because their import is doubtful. If we are tight in interpreting Ihem thus, " the date upon which is expressed by a month called intercalary," all that is meant may be one of the intercalary lunations, which must have existed even in the old lunar year. At the period of the decemviral legislation there vias probably instituted that form of the year of 354 days, which was corrected by the short intercalary month called Mercedonius or Mercidinus ; but so corrected as to deprive the year and month of all connexion with the moon's course. The length of the several or- dinary months was probably that which Censorious has erroneously allotted to the months of Noma's lunar year, viz. : Martius 31 days. September 29 days. Aprilis 2$ " October 31 " Maius 31 " November 29 " Junius 29 " December 29 " Quinctilis 31 " Januarius 29 " Sextilis 29 " Februarius 28 " Such, at any rate, was the number of days in each month immediately prior to the Julian correc- tion ; for both Censorinus and Macrobius say that Caesar added two days to Januarius, Sextihs, and December, and one to Aprihs, Junius, September^ and November. Hence Niebuhi: appears to have made an error when he asserts' that July acquired two more days at the reformation of the calendar, and founds thereon a charge of carelessness against Livy. That November had but 29 days prior to the correction — in other words, that the XVII. Kil. Deo. immediately followed the Idus Nov., appeals like- wise, from a comparison of Cicero's letters to Tiro ;' for he reaches Corcyra a. d. V. Id. Nov., and on the XV. Kal. Dec. complains, " Seplumum jam diem erubamur." The seven days in question would be IV. Id.. III. Id., Prid. Id., Id. Nov., XVII. Kal. Dec, XVI. Kal. Dec, XV. Kal. Dec That the place of the nones and ides was in each month the same before the Julian correction as afterward, is assert- ed by Macrobius. The main difficulty is with regard to the mode of mtercalation. Plutarch, we have already observedi speaks of an intercalation, by him referred to Numa, of 23 days in alternate years in the month of Feb- ruary. Censorinus, with more precision, says that the number of days in each intercalation was either 22 or 23, and Macrobius agrees with him in sub- stance. Of the point at which the supernumerary month was inserted, the accounts are these : Var- ro* says the twelfth month was February ; and when intercalations take place, the last five days of this month are removed. Censorinus agrees herewith, when he places the intercalation gener- ally (potissimum) in the month of February, between the "Terminalia and the Regifugium, that is, imme- diately after the day called by the Romans a. d. VI. Kal. Mart., or by us the 23d of February. This, again, is confirmed by Macrobius. The setting aside of the last five days agrees with the practice which Herodotus ascribes to the Egyptians, of con- sidering the five days over the 360 as scarcely be- longing to the year, and not placing them in any month. So completely were these five days con- sidered by the Romans to be something extraneous, that the soldier appears to have received pay only for 360 days. For in the time of Augustus the sol- dier received dcni asses per day, i. e., ^ of a dena- rius ; but Domitian' addidit quartum stipendium au^ reos tcrnos. Thus, as 25 denarii made an aureus, tlic annual pay piior lo Domitian was — — de- 16 narii, or — aurei =9 aurei ; and thus the au 16 X25 dition of three aurei was precisely a fourth mure. Lastly, the festival Terminalia, as its name implies, marked the end of the year ; and this, by-the-way, again proves that March was originally the first month. _ ;j The intercalary month was called Mcp/cttSiiioft.o* Mepxridovioc.^ We give it in Greek characters, .to cause it happens somewhat strangely that no Laliii author has mentioned the name, the term meiisis interkalaris or interkalarius supplying its place. ■Thus, in the year of intercalation, the day after the ides of February was called, not, as usual, a. d. XVI. Kalendas Martius, but a. d. XI. Kalendas interka- laris. So, also, there were the Nonse interkalareo and Idus interkalares, and after this last came ci- ther a. d. XV. or XVI. Kal. Mart., according as tlio month had 22 or 23 days ; or, rather, if we add tlie five remaining days struck oflTfrom February, 27 or 28 days. In either case the Regifugium retained its ordinary designation a. d. VI. Kal. Mart.' When Cicero writes to Atticus, " Accept tuas litleras a. d. V. Terminalia" (i. e., Feb. 19), he uses this strange mode of defining a date, because, being then in Cili- cia, he was not aware whether any intercalatiqti had been inserted that year. Indeed, he saysj in another part of the same letter, "£a sic obsenaho, quasi interkalatum non sit." Besides the intercalary month, mention is occa- sionally made of an intercalary day. The object of this was solely to prevent the first day of the year, and perhaps also the nones, from coinciding with the nundinae, of which mention has been already made.' Hence, in Livy,* " Intercalatum eo anm , pcstridie Terminalia intercalares fuerunt."' This would not have been said had the day of intercal* tion been invariably the same ; and, again, Livy,' "Hoc anno intercalatum est. Tertio die post Termi- nalia CalendiE intercalares fuere" i. «., two days af- ter the Terminalia, so that the -dies intercalaris was on this occasion inserted, as well as the month so called! Nay, even after the reformation of the cal- endar, the same superstitious practice remained. TTius, in the year 40 B.C., a day was inserted for this purpose, and afterward an omission of a day took place, that the calendar nlight not be disturb- ed.' The system of intercalating in alternate years 23 or 23 days, that is, of ninety days in eight years, was borrowed, we are told by Macrobiiis, from the Greeks ; and the assertion is probable enough, first, because from the Greeks the Romans generally de- rived all scientific assistance; and, secondly, be- cause the decemviral legislation was avowedly de- duced from that quarter. Moreover, at the very period in question, a cycle of eight years appears tiO have been in use at Athens, for the Metonic period of 19 years was not adopted before 432 B.C. The Romans, however, seem to have been guilty of som» clumsiness in applying the science they derived from Greece. The addition of ninety days in a cy- cle of eight years to a lunar year of 334 days would, in substance, have amounted to the addition 6f Hi (=90-^8) days to each year, so that the Romans would virtually have possessed the Julian calehdar. As it was, they added the intercalation to a year of 355 days ; and; consequently, on an average, ever; y6ar exceededits proper length by a day, if we neg- lect the inaccuracies of the Juhan calendar. Ac- cordingly,' we find that the civil and solar years were greatly at variance in the year 564 A-U-C On the nth of Quinctilis in that year, a remarkaW* 1. (Plutarch, Numo, 19.— Cses., 59.)— 2. (yiiJ.Ascoili, linus." Of these, Censorinus is the most precise- " The confusion was at last," says he, " carried so far, that 0. Caesar, the pontifex maximus, in his third consulate, withLepidus for his colleague; in- serted between November and December two in- tercalary months of 67 days, the month of February having already .received an intercalation of 23 days, and thus made the: whole year to consist of 445 days. . At the same time, he provided against a repetition of similar errors by casting aside the intercalary month; and adapting the year to the sun's course. Accordingly, to the 355 days of the ipreviously existing year; he added, ten days, which he so distributed between the seven months having 29 days, that January, Sextilis, and December re- ceived two each, the others but one ; and these additional days he placed at the end of the several months, no .doubt with the wish not to remove the various festivals from those positions in the several months which they had iso longoccupied. Hence, in the present calendar, although there are seven months of 31 days, yet the four months which from the first possessed that number are still distinguish- able by having their nones on the seventh, the rest having them on the fifth of the month. Lastly, in consideration of the quarter of a day, which he considered as completing the true year, he estab- lished the rule, that at the end of every four years a single day sihould be intercalated where the month had been hitherto inserted; that is, immediateh/ after the TerminaUa ; which day is now called the Bissextum." This year of 445 days is commonly called by chronologists the year of confusion ; but by Macro- bius, more fitly, the last year of confusion. The kalends of January, of the year 708 A.U.C., fell on the 13th of October, 47 B.C. of the Julian calendar v the kalends of March, 708 A.U.C., on the 1st of January, 46 BiC. j and, lastly, the kalends of Janu- ary, 709 A.U.C., on the 1st. of January, 45 B.C. Of the second of the two intercalary months in- serted in this year after November; mention is made in Cicero's letters." It was probably the original intention of Caesar to commence the year with the shortest day. The winter solstice at Rome,- in the year 46 B.Oi, occur- red on the 24th of December of the Julian calendar. His motive for delaying the commencement for seven days longer, instead of taking the following day, was probably the desire to gratify the supersti- tion of the Romans, by causing the first year ol the reformed calendar to fall on the day of the new moon. Accordingly, it is found that the mean new moon occurred at Rome on the 1st of January, 45 B.C., at 6h. 16' P.Mi In this way alone can be ex plained the phrase used by Macrobius : " AnnurH civilem Casar, habitis ad lunam dimensionihus eonsii- tutum, ediclo palam proposito publicamt" This edict is also mentioned by Plutarch where he gives the anecdote of Cicero, who, on being told by some one that the constellation Lyra Avould rise the next morning, observed, " Yes, no doubt, in obedience W the edict." The mode of denoting the days of the month will 1 (CiES., c. 59.)t-2. (xliii., 26.)— 3. (De BeU. Civ , ii., ad eiti 1—4. (Fasti, iii., 155.)— 5. (Jul., c. 40.)— 6. (II. N., xviii., 57.) -7. (0. aa.)— 8. (Sat., i., 14.)— 9. (xxvi., 1.)— 10. (i.,45.)- 11. (Ad Fam., Ti.. 14.) lO.'i CALENDAR. cause no difficulty, if it be recollected that the kal- ends always denote the first of the month, that the nones occur on the seventh of the four months March, May, QuinctUis or July, and October, and on the fifth of the other months ; that the ides al- ways fall eight days later than the nones ; and, lastly, that the intermediate days are in all cases reckoned backward, upon the Roman principle al- icady explained of counting both extremes. For the month of January the notation will be as follows : 1 Kal. Jan. 17 a. d. XVI. Kal. Feb. 2 a. d. IV. Non. Jan. 18 a. d. XV. Kal. Feb. 3 a. d. III. Non. Jan. 19 a. d. XIV. Kal. Feb. 4 Prid. Non. Jan. 20 a. d. XIII. Kal. Feb. 5 Non. Jan. 21 a. d. XII. Kal. Feb. 6 a. d. VIII. Id. Jan. 22 a. d. XI. Kal. Feb. 7 a. d. VII. Id. Jan. 23 a. d. X. Kal. Feb. 8 a. d. VI. Id. Jan. 24 a. d. IX. Kal. Feb. 9 a. d. V. Id. Jan. 25 a. d. VIII. Kal. Feb. 10 a. d. IV. Id. Jan. 26 a. d. VII. Kal. Feb. 1 1 a. d. III. Id. Jan. 27 a. d. VI. Kal. Feb. 12 Prid. Id. Jan. 28 a. d. V. Kal. Feb, 13 Id. Jan. 29 a. d. IV. Kal. Feb. 14 a. d. XIX. Kal. Feb. 30 a. d. III. Kal. Feb. 15 a. d. XVIII. Kal. Feb. 31 Prid. Kal. Feb. 16 a. d. XVII. Kal. Feb. The letters a. d. are often, through error, written together, and so confounded with the preposition ad, which would have a different meaning, for ad kalendas would signify by, i. e., on or before ike kal- ends. The letters are in fact an abridgment of ante Hem, and the full phrase for "on the second of January" would be ante diem quarlum nonas Janw- arias. The word ante in this expression seems really to belong in sense to nonas, and to be the oause why nonas is an accusative. Hence occur f.iich phrases as' in ante diem quartum Kal. Decem- iris distulit, " he put it off to the fourth day before tlie kalends of December,"" Is dies erat ante diem Y. K'll. Apr., and ante quern diem iturus sit, for quo die.' The same confusion exists in the phrase post pauccs dies, which means " a few days after," and is equivalent to paucis post diebus. Whether the phrase Kalendce Januarii was ever used by the best writers is doubtful. The words are commonly ab- breviated ; and those passages where Aprilis, De- cembris, &c., occur, are of no avail, as they are probably accusatives. The ante may be omitted, in which case the phrase will be die quarto nonarum. In the leap year (to use a modern phrase), the last days of February were called, Feb. 23. a. d. VII. Kal. Mart. Feb. 24. a. d. VI. Kal. Mart, posteriorem. Feb. 25. a. d. VI. Kal. Mart, priorem. Feb. 26. a. d. V. Kal. Mart. Feb. 27. a. d. IV. Kal. Mart. Feb. 28. a. d. III. Kal. Mart. Feb. 29. Prid. Kal. Mart. In which the words prior and posterior are used in reference to the retrograde direction of the reckon- ing. Such, at least, is the opinion of Ideler, who refers to Celsus in the Digests.' From the fact that the intercalated year has two days called ante diem sextum, the name of bissextile has been applied to it. The term annus bissextilis, liowever, does not occur in any writer prior to Beda, but, in place of it, the phrase annus lissextus. It was the intention of Cajsar that the bissextum should be inserted peracto quadriennii circuitu, as Censorinus says, or quinto quoque incipienle anno, to use the words of Macrobius. The phrase, however, which Csesar used seems to have been quarto quoque tHno, which was interpreted by the priests to mean 1. (Cic, Phil., iii., 8.)— 2. (Cffi8.,Bell.GaU.,i.,6.)— 3 (Caa., Bell. C-T., i., U 1—4. (50, tit. 16, s. 98.) 196 CALENDAR. every third year. The consequence was, that ig the year 8 B.C., the Emperor Augustus, finding thai three more intercalations had been made than was the intention of the law, gave directions tiiatforthe next twelve years there should be no bissextile. The services which Caesar and Augustus had conferred upon their country by the reformation of the year seems to have been the immediate cause* of the compliments paid to them by the insertioii of their names in the calendar. Julius was substi. tuted for Quinctilis, the month in which Csesarwas born, in the second Julian year, that is. the year of the dictator's death ;» for the first Julian year waa the first year of the corrected Julian calendar, that is, 45 B.C. The name Augustus, in place of Sex- tilis, was introduced by the emperor himself, at the time when he rectified the eiTor in the mode of in- tercalating,' anno Augusiano xx. The first year of the Augustan era was 27 B.C., viz., that in whicli he first took the name of Augustus, se vii. et M. Vipsanio Agrippa coss. He was born in September, but gave the preference to the preceding month, for reasons stated in the senatus consultum, preserved by Macrobius.' " Whereas the Emperor Augustus Caesar, in the month of Sextilis, was first admitted to the consulate, and thrice entered the city in tri- umph, and in the same month the legions from the Janiculum placed themselves under his auspices, and in the same month Egypt was brought under the authority of the Roman people, and in the same month an end was put to the civil wars ; and whereas, for these reasons, the said month is, and has been, most fortunate to this empire, it is hereby decreed by the senate that the said month shall ba called Augustus." " A plebiscitum to the same ef feet was passed on the motion of Sextus Pacuvius, tribune of the plebs." The month of September in like manner leceiveil the name of Germanicus from the general so called, and the appellation appears to have existed even in the time of Macrobius. Domitian, too, conferred his name upon October, but the old word was re- stored upon the death of the tyrant. The Fasti of Caesar have not come down to us in their entire form. Such fragments as exist may be seen in Gruter's Inscripliones, or more com- pletely in Foggini's work, Fastorum Anni Rormm . . reliquia. See also some papers by Ideler in the Berlin Transactions for 1822 and 1823. The Gregorian Year. — ^The Julian calendar sup- poses the mean tropical year to be 365d. 6h. ; bui this, as we have already seen, exceeds the real amount by 11' 12", the accumulation of which, yea after year, caused, at last, considerable inconveni- ence. Accordingly, in the year 1582, Pope Gregory the Xlllth., assisted by Aloysius, Liiius, Christoph Clavius, Petrus Ciaconius, and others, again re- formed the calendar. The ten days by which the year had been unduly retarded were struck out by a regulation that the day after the fourth of October in that year should be called the fifteenth ; and it was ordered that, whereas hitherto an intercalary day had been inserted every four years, for the fu- ture three such intercalations in the course of four hundred years should be omitted, viz., in those years which are divisible without remainder by 100, but not by 400. Thus, according to the Julian cal endar, the years 1600, 1700, 1800, 1900 and 2000 were to have been bissextile ; but, by the regulation of Gregory, the years 1700, 1800, and 1900, virere to receive no intercalation, while the years 16O0 and 2000 were to be bissextile as before. The bull which effected this change was issued Feb. S4i 1582. The fullest aecount of this correction is to be found in the work of Clavius, entitled Soimn 1. (Censorinus c S2.)— 2. (Suet., Octav., c. 31.;- 3. (c, 12.1 CALENDAR. CALENDAR. Calendarh a (iregorio XIII. P.M. restiluti ExpKca- tio. As the Gregorian calendar has only 97 leap- years in a period of 400 years, the moan Gregorian year is (303x365-}-97x366) -t-400, (hat is, 365d., 5h., 49' 12", or only 24" more than the mean tropi- cal year. This difFerence, in sixty years, would amount to 24', a7id in 60 times 60, or 3600 years, tc 34 hours, or a day. Hence the French astrono- mer, Delambre, has proposed that the years 3600, 7200, 10,800, and all multiples of 3600, should not be leap-years. Tiie Gregorian calendar was intro- duced into the greater part of Italy, as well as in Spain and Portugal, on the day named in the bull. Into France, two months after, by an edict of Henry III., the 9th of December was followed by the 20th. The Catholic parts of Switzerland, Germany, and the Low Countries adopted the correction in 1583, Poland in 1586, Hungary in 1587. The Protestant parts of Europe resisted what they called a papis- tical invention for more than a century. At last, in 1700, Protestant Germany, as well as Denmark and Holland, allowed reason to prevail over preju- dice, and the Protestant cantons of Switzerland nopied their example the following year. In England, the Gregorian calendar was first adopted in 1752, and in Sweden in 1753. In Rus- sia, and those countries which belong to the Greek Church, the Julian year, or old style as it is called, still prevails. In this article free use has been made of Ideler's work Lehrhuch dtr Chrmologie. For other infor- mation connected with the Roman measurement of time, see Clepsydra, Dies, Hora, Horologia, IiUSTRnM, NuNDiNiE, S.a;cnLUM, Sidera. The following Calendar, which gives the rising and setting of the stars, the Roman festivals, &c., is taken from an article on the Roman Calendar in Pauly's Real-Encyclopddie der dassischen Alter- thxmsmssensckafl. It has been principally compiled from Ovid's Fasti, Columella, and Pliny's Natural History. The letter O. signifies Ovid, C. Columella, 1'. Pliny ; but when C. is placed immediately after the date, it signifies a day on which the Comitia were held. A. 1 Jan. Kal. B. 2 0. 3 n 4 U. 5 IV. III. Prid. Non. F. 6 VIII. G. 7 VII. H 8 VI. A. 9 V. B. 10 IV. C. 11 III. D. 12 Prid. E. 13 Id. F. 14 XIX. G. 15 XVIII. H. 16 XVII. A. 17 XVI. IS XV. C. 19 \IV. D.20 XIII. la. 81 XII. JANDARIUS. F. F. C. Cancer occidit. C. Caesari Delphinus matutino ex- oritur. PI. F. Lyra oritur. 0. et P. tempesta- tem significat. O. Atticae et finiti- mis regionibus aquila vesperi occi- dit. F. C. C. Delphini vespertino occasu con- tinui dies hiemant Italiae. PI. Agon. Delphinus oritur. 0. En. Media hiems. 0. Car.Np. . C. Np. En. Dies vltios. ex SC. Car. Terapestas incerta. C. C. Sol in Aquarium transit, Leo mane incipit occidere ; africus, in- terdum auster cum pluvia. C. C. Sol in Aquario. O. et P. Cancer desinit occidere : hiemat. C. C. Aquarius incipit oriri, ventus af- ricus tempestatenr. significat. C. C. C. 0. F. 22 XI. C. Fidicula vesperi oecidit, dies pli viui. C. G. 23 X. I.yra occidit 0. H. 24 IX. C. Leonis, qaae est In pectore, clara Stella occidit. O. Ex occasu pris- tini sideris significat tempestatem ; interdum etiam tempestas. C. A. 25 VIII. C. Stella regia appellata Tuberon* in pectore Leonis occidit maluti no. P. B. 26 VIL C. C. 27 VI. C. Leonis, quee est in pectore, clara Stella occidit, nonnunquam signifi- catur hiems bipartita. G. D. 28 V. C. Auster, aut africus, hieraat: plu- vius dies. C. E. 29 IV. F. F. 30 III. N. Delphinus incipit occidere, item Fidicula occidit. C. G. 31 Prid. C. Eorum, quas supra sunt, siderum oecasus tempestatem facit : inter dum tantummodo significat. C. H. 1 Feb. Kal. 2 IV. 3 III. 6 7 8 9 10 11 12 13 14 F. 15 Prid. Non. VIII. VII. VI. V. IV. in. Prid. Id. XVI. XV. FEBEUAEIUS. N. Fidis incipit occidere, ventus eu rinus et interdum auster cum gran dine est. C. N. Lyra et medius leo occidunt. O. N. Delphinus occidit. O. Fidis tota et Leo medius occidit. Corns aut septentrio, nonnunquam favonius. C. N. Fidicula vesperi occidit. P. Aquarius oritur, zephyrus flare inci- pit. 0. MedisB partes Aquarii ori- untur, ventosa tempestas. C. N. N. Calisto sidus occidit : favonii spl- rare incipiunt. C. N. Ventosa tempestas. C. N. Veris initium. 0. N. N. Arctophylax oritur. O. N. Np. N. Corvus, Crater, et Anguis oriuu- tur. 0. Vesperi Crater, oritur, venti mutatio. C. Luper. Np. Sol in Pisces transitum facit : nonnunquam ventosa tem- G. 16 XIV. H 17 XIII. A. B. C. 18 19 20 XIL XL X. D. 21 IX. E. 22 VIII. F. 23 VII. G. H. A. 24 25 26 VL V. IV. En. Venti per sex dies vehementius flant. Sol in Piscibus. 0. Quir. Np. Favonius vel auster cum grandine et nimbis ut et sequent! die. C. C. C. C. Leo desinit occidere ; venti se;- tentrionales, qui dicuntur ornithiae, per dies triginta esse solent : turn et hirundo advenit. C. Feral. F. Arcturus prima nocte ori- tur : frigidus dies : aquilone. vel coro, interdum pluvia. C. C. Sagitta crepusculo incipit oriri ; varias tempestates : halcyonei diea vocantur. C. Ter. Np. Hirundinum adventus. O, Ventosa tempestas. Hirundo con- spicitur. C. Arctiiri exortiLs ve» pertinus. P. Regif. N. C. En 187 CALENDAR. CALENDAR. B. 87 28 m. Eq. Np. Prid. C. D. E. F. G. H U. 9 E. F. G. a. A. B. 10 11 12 13 14 15 rrid. Non. vin. vn. vr. V. IV. in. Prid. Id. C Si D. E. F. G. H. A. B. MARTffiS, lMart.KU.Np. 2 VI. F. 3' V. e. Alter e Piscibus occidit. 0. 4 IV. C. 5 III. 0. Arctophylax occidit. Vindemi- ator oritur. 0. Cancer oritur Cs- sari. P. Np, Hoc die Csesar Ponlifex Maxi- mus factus est. F. Pegasus oritur. O. F. Corona oritur. 0. Piscis aqui- lonius oritur. P. C. Orion exoritur. In Attica Mil- vius apparere servatur^ P. C. C. C. En. Eq. Np. Np. Nepa incipit occidere, significat tempestatem. C. Scorpius occidit Caesari. P. F. Scorpius medius occidit. 0. Ne- pa occidit, hiemat. C. Lib. Np. Milvius oritur. 0. Sol in ' Arietem transitum facit. Favoni- us vel corns. C. N. Sol in Ariete. 0. Italise Milvi- us ostenditur. P. Quin. N. C. C. Equus occidit mane. C. P. sep- tentrionales venti. C. N. Tubil. Np. Aries incipit exoriri, plu- vius dies, interdum ningit. C. Q. Rex C; F. Hoc et sequenti die ffiquinoctium vernum tempestatem signiiicat. C. C. JEqmnaetima vernum. 0. P. C. Np. Hoc die Caesar Alexandriam recepit. C. C. c. c. , 16 XVII. 17 XVI. E. 18 XV. F. 19 XIV G. 20 XIII H.21 XII A. 22 XI B. 23 X IX. 25 26 27 28 29 30 31 VIII. vn. VI. V. IV. III. Prid. C. lApr.Kal. D. 2 IV. E 3 III. F. 4 Prid. G. 6 Non. H. B VIII. A. 7 VII. B. S VI. 0. 9 V. D. 10 IV. E. 11 IH. 198 N. Scorpius occidit. 0. Nepa oc- cidit mane, tempestatem signifi- cat. C. C. Pleiades occidunt. C, C. In Attica Vergilise vesperi oc- cultantur. C. C. Ludi Matr. Mag. Vergiliae in Boe- otia occvdtantur vesperi. P. Ludi, Favonius aut auster cum grandine. C. Csesari et Chal- dffiis Vergtliee occultantur vesperi. .Sppto Orion et Gladius ejus in- cipiunt abscondi. P. Np; Ludi. Vergilise vesperi celan- tur. Interdum hiemat. C. N. Ludi. Hoc die et duobus sequen- tibus austri et africi, tempestatem significant. 0. N. Ludi. Significatur imber Libre occasu. P. N. Liidi. N. Ludi in Cir. N. Ludi. F. 12 Prid. G. 13 H. 14 A. 15 B. 16 C. 17 XV. D..18 XIV. E. 19. XIIL F. 30 XH. G. 21 XL H. 22 X. A. 23 IX. B. C. 24 25 vni. VII. D. 26 E. 27 V F. 28 . IV G. 29 III H. 30 Prid. N. Ludi Cereri Suculae celautur hiemat. C. Id. Nps Ludi. Libra occidit: hieuiat. C. XVIII.' N. Ludi. Ventosa tempcstas et iia- bres, nee hoc constanLer. C XVIL Ford. Np. Lud. XVI. N. Ludi. Suculae occidunt vespoii Atticse. P. N. Ludi. Sol in Taurum transituix facit, plu'fiam significat. C. Sucu- lae ocoidunt vesperi Caesari, hoc est palilicium sidus. P. N. Ludi. SuculsB se vesperi celant: pluviam significat. iC.-, ^gypta suculae occidunt. vesperi. P. Cer.' N. Ludi in Cir. Sol in tauro. O. ...... N. A-ssyriae Suculae. occidunt. ves^ peri. C. Pari Np. Ver bipartitur, pluvia ei nonnunquam grando. C. N. Vergiliae cum Sole oriuntur: Af- ricus vel auster : dies humidus, C. Vin. Np. Prima nocte Fidicula ap: paret: tempestatem significat,. C. C. Palilicium sidus oritur Caesari. P. Rob. Np. Medium ver, Aries occi dit, tempestatem significat) Canis oritur. O. Hoedi exoriuntur. P. F. Boeotiae et Atficae Canis ves- peri occultatur. Fidicula maue oritur. P. . „ ,„ C. Assvriae Orion totus , abscondif tui P'. Np. Ludi flon Auster fere euro pluvia. C. C. Ludi. Mane Capra exoritur, austrinus dies, interdum pluvia:. C. Assyjiae totus Canis abscondi. tur. P. ., . C. Ludi. Canis se vesperi celat, tempestatem significat. , ' ■ VI. A. lMai.Kal. B. 2 VL C. 3 V. D. 4 IV. E. 5 HI. F. 6 Prid. 6. 7 Non. H. 8 VIII. A. 9 VII. B. 10 VL C. 11 V. D. 12 IV. E. 13 III. N. Capella oritur. C. F. Compi Argestes flare incipit. Hyades oriuntur. 0. Suoula cum Sole exoritur, septentrionales'ven ti. C. Sucula3 matutino exoriuiK tur. P. C. Centaurus oritur. 0. Centaunii totus: apparet, tempestatem signif icat. C. C. C. Lyra oritur. 0. Centaurus pin viam significat. C. C. Scorpius medius occidit. 0* N« pa medius occidit, tempestat^ significat. C. N. Vergiliae exoriuntur mane; ih vonius. C. .1 F. Capella, pluvialis oritur CKsari. jEgypto vero eodem .die Canii vesperi occultatur. P. . i Lem< N. jEstatis initium, favoniiii aut corus; interdum etiam pluvia. C. ,1 ,., C. Vergilise totae apparent ; favoni' us aut corus : interdum et pluvis C. Vergiliarum exortus. C. j Lem. N. Orion occidit. 0. Arctiui occasus matutinus Caesari tempo* tatem significat. P. Np. Ludi Mart, in Circ. Lem. N. Pleiades; oriuntur. jfista tis initium. O. Fidis mane oritM JALLNDAR. CALENDAR. t. 14 G. 15 H. 16 A. 17 B. 18 C. 19 D. 20 •=:. 81 F. 22 G. 23 H. 24 A. 25 B. 26 C. 27 D. 28 E. 29 F. 30 G 31 Bjgnificattempestatem. C. Fidicu- lae cxortus. P. Prid. C. Taurus oritur. 0. Id. Np. Fidis mane exorjtur, auster, aut euro-notus interdum, dies hu- midus. 0. XVII. r. XVI. C. Hoc et sequent! die euro-notus vel auster cum pluvia. C. XV. C. XIV. C. Sol in Geminis. 0. et C XIII. C. XII. Agon. Np. Canis oritur. O. Sucu- te exoriuntur, septentrionales ven- ti : nonnunquam auster cum plu- via, C, Capqlla vesperi occidit et in Attica Canis. P. XI. N. Hoc et sequenti die Arcturus mane occidit ; tempestatem signif- icat. 0. Orionis Gladius occidere incipit. P. X. Tub. Np. IX. Q. Rex. C. F. VIII. G. Aijuila oritur. 0. Hocdieetbir duo sequenti Capra mane exoritur, septentrionales venti. C. VII. C,)Arctophylax occidit. 0. VI C. Hyades oriuntur. V. 0. IV. C. III. C. Prid. C. n. -Jun.Kal. N. Aquila oritur. 0. Hoc et se- quent! Aquila oritur ; tempestas ventosa et interdum pluvia. G. F. Mart. Car. Monet. Hyades ori- untur, dies pluvius. 0. Aquila ori- tur vesperi. P. C. Csesari et Assyriae Aquila vespe- ri oritur. P. C. A. 2 B. 3 IV. III. E. 6 F. 7 G. 8 H. 9 A. 10 Prid. Non. VIII. VII. VI. V. IV. B. 11 III. C. 12 Prid. D. 18, Id. E. 14 XVIII. F. 15 XVII. G. 16 XVI. H. 17 XV. A 18 XIV. B 19 xni. C. 20 D 2L E. 22 F. 23 XII. XI. X. IX. VIII. N. Arcturus matutino occidit. P. N, Arctophylax occidit. O. Arctu- rus occidit, favonius aut corus. C. N. Menti. in capit. Delphinus ves- peri exoritur. P. Vest. N. Fer. N. Delphin. vesperi oritur. O. et C. et P., Favonius, interdum rorat. C. Matr. N. N. N. Calor incipit. G. N. Q. St. D. F. Hyades oriuntur. 0. i Gladius Orionis exoritur. P. 0. Zephyrus flat. Orion oritur. 0. C^ Delphinus totus apparet. 0. 0. 0. Minervse in Aventino. Sol in Cancro. 0. et C. In jEgypto Gla- dius Orionis oritur. 0. Summano ad Circ. Max. Ophi- uciius oritur. 0. , ; C. Angttifer, qui a Grscis dicitur ■ ,'0(jii.ovxo(, mane ocehjit, tempesta- tem significat. 0. C. C. C. Hoc et biduo sequenti solstitium, favonius et calor. C. Longissima dies totius anni et nox brevissima solstitium confiniunt. P. H. 25 VII. C. A. 26 VI. C. Orionis Zona oritur : solstitian O. Orion exoritur Cxsari. P B. 27, V. C. C. 28 IV. C. 1). 29 III. C Ventosa tempestas. C. E. 30 Prid. F. F. IJuLKal. G. 2 VI. H. 3 V. A. 4 IV. C. 6 Prid. N. Favonius vel, auster et calor. (J N. N. Np. Corona occidit mane. C. Zoni Orionis Assyriae oritur. P. .^Egyp- to Procyon matutino oritur. P. B. 5 III. Popl. N. Chaldseis Corona occidit matutino. Atticse Orion eo die ex oritur. N. Ludi Apollin. Cancer medius occidit, calor. C. N. Ludi. N. Ludi. Capricornus medius occi- dit. C. N. Ludi. Cepheus vesperi exoritur, tempestatem significat. C. C. Ludi. Prodromi flare incipiunt. C. C. Ludi. Np. Ludi. C. Ludi in Cir. C. Merk. .^Egyptiis Orion desinit ex- oriri. P. Np. Merk. Procyon exoritur mane, tempestatem significat. C. F. Merk. C. Assyrise Procyon exoritnr. P. C. Merk. Lucar. Np. Merk. C. Ludi Vict.. Caesar. Sol in Lwy nem transitum facit, favonius. C. Aquila occidit. P. C. Lucar. Ludi. C. Ludi. Nept. Ludi. Prodromi in Italia sen- tiuntur. P. E. 24 IX. N. Ludi. Leonis in pectore clara Stella exoritur, interdum tempes- tatem significat. C. Fur. Np. Ludi. Aquarius incipit oc- cidere dare : favonius, vel auster. C. G. 26 VII. C. Ludi. Canicula apparet ; caligo H. 27 VI. C. In Circ. Aquila exoritur. C. A. 28 V. C. In Circ. B. 29 IV. C. In Circ. Leonis in pectore cla- rae stellae exoriuntur, interdum tem- pestatem significat. C. C. 30 III. C- In Circ. Aquila occidit, signifi- cat tempestatem. C. D. 31 Prid. C. AUOnsTUS. lAug.Kal. N. Etesiae. C. 2 , IV. C. Fer. 3 HI. C. 4 Prid. C, Leo medius exoritur; tuinp«stii- tem significat. C. 5 Non. F. 6 VIII. F. Arcturus medius occidit P. 7 VII. C. Aquarius occidit medius, nebU" losus aestus. C. D. 8 VI. C. Vera ratione autumni initium Fi diculae occasu P. E. 9 V. Np. F. 10 IV. C. 199 D. 7 Non. E. 8 VIII. F. 9 VII. G. 10 VI. H. U V. A. 18 IV. B. 13 Ill C. 14 Prid D. 15 Id E. 16 XVII F. 17 XVI G. 18 XV. H. 19 XIV A. 20 XIH. B. 21 XII. C. 22 XI. D. 23 X. F. 26 VIII. (JALENDAK. G. 11 III. C. Fidicula occasu suo autumnum inchoat Csesari. P. H. 12 Prid. C. Fidis occidit mane et autumnus incipit. C. Atticse Equus oriens tempestatem significat et vesperi .iEgypto et Caesari Delphinus occi- dens. P. A. 13 Id. Np. Delphini occasus tempestatem significant. C. B 1 4 XIX. F. Delphini matutinus occasus tem- pestatem significat. C. C. C. Port. Np. C. Merk. Vin. F. P. C. Sol in Virginem transitum faoit, hoc et sequenti die tempestatem significat, interdum et tonat. Eo- dem die Fidis occidit. C. Cons. Np. En. Csesari et AssjTise Vindemiator oriri mane incipit. P. Vole. Np. Fidis occasu tempestas plerumque oritur, et pluvia. C. C. Opic. Np. C. Vindemiator exoritur mane, et Arcturus incipit occidere, interdum pluvia. C. Volt. Np. Np. H. D. AraVictorise in Curia de- dicata est. Sagitta occidit : Etesiae desinunt. P. F. F. Humeri Virginis exoriuntur. EtesJEe desinunt flare, et interdum hiemat. C. C-. 31 Prid. C. Andromeda vesperi oritur, inter- dum hiemat. C. c 15 xvin D. 16 XVII E. 17 XVI F. 18 XV. G. 19 XIV. H. 20 XIII. A. ai XII. B. 22 XI. C. 23 X. D. 24 IX E. 25 VIII. F. 26 VII. U. 27 ' VI. H 28 V. A. 29 IV B. 30 III SEPTEMBER. D. lSe.pt.Kal . N. E. a IV. N. Hoc die Fer. Nep. Piscis austri- nus desinit occidere, calor. C. F. 3 III. Np. G. 4 Prid. C. Ludi Romani. II. £ Non. F. Ludi. Vindemiator exoritur. At- ticse Arcturus matntino exoritur et Sagitta occidit mane. P. A. 6 VIII. F. Ludi. B. 7 VII. C. Ludi. Piscis aquilonius desinit occidere et Capra exoritur, tem- pestatem significat. C. C. 8 VI. C. Ludi. ■ ' ' D. 9 V. C. Liidi. Csesari Capella oritur ves- peri. P. E. 10 IV. C. Ludi. F. 11 III. C. Ludi. I avonius aut africus. Vir- F. 19 XIH. G. 20 H. 21 A. 22 B. 23 XII. XI. X. IX. C. 24 VIII. D. 25 VII E. 26 VT F. 27 V G. 28 H. 29 A. 30 IV. III. Prid. B. lOctKal. C. 2 VI. D. 3 V. E. 4 IV. F. 5 in. G. 6 Prid. G. 12 H. 13 Prid. Id. A. B. n. 14 15 16 XVIH. XVII XVI D. 17 XV E. IS XIV go media exoritur. C. N. Ludi. Arcturus oritur medius vehementissimo significatu terra marique per dies quinque. P. Np. Ex pristine sidere nonnunquam tempestatem significat. C. F. Equor. Prob. N. Ludi Rom. in Circ. C. In Circ. ^Egypto Spica, quaro tenet Virgo, exoritur matutino Ete- siseque desinunt. P. C. In Circ. Arcturus exoritur, fa- vonius aut africus, interdum eurus. C. . C. In Cir(-. Spica Virginis exoritur, favonius aut corus. C. Spica Cae- sari oritur. P. H. 7 A. 8 B. 9 0. 10 Non. VIII. vn. VI. D. 11 V. E. U IV. F. 13 HI. G. 14 Prid. H. 15 Id. A. 16 B. 17 C. 18 D. 19 XVII. XVI. XV. XIV. E. 20 XIII. F. 21 XII. G. 22 XI H. 23 ■ X A. 24 IX B. 25 VIII CALENDAR. C. In Circ. Sol in Llltram transi. tum facit. Crater matntino tem pore apparet. C. C. Merk. C. Merk. Pisces occdunt t-ane. Item Aries occidere incipit, favo- nius aut corus interdum austercniB imbribus. C. Caesari commissura Piscium occidit. P. C. Merk. Argo navis occidit, tein. pestatem significat, interdum etiam pluviam. C. Np. Merk. H. D. Augusti natalis, Ludi Cir. Centaurus incipit mane oriri, tempestatem significat, inter- dum et pluviam. C. C. .iEquinoctium autumnale hoc die et biduo sequenti notat Columella, Plinius hoc die. C. C. Hoedi exoriuntur, fa von ins, nonnun- quam auster cum pluvia. C. ' Virgo desinit oriri, tempestatem sig- nificat. C. Capella matutina exo- ritur, consentientibus, quod est ra rum, Philippe, Calippo, Doritheo, Parmenisco, Conone, Critone, De- mocrito, Eudoxo, lone. P. F. Hoedi oriuntur iisdem consenti- entibus. P. C. N. Tempestatem significat. C. F. C. C. Auriga occidit mane. Virgo de- sinit occidere : significat nonnun- quam tempestatem. C. C. Corona incipit exoriri, significat tempestatem. C. C. Hoedi oriuntur vesperi. Aries medius occidit : aquilo C. F. F. Coronae clara Stella exoritur. 0. Csesari fulgens in Corona Stella oritur. P. F. C. Vergiliae exoriuntur vesperi ; fa- vonius et interdum africus cum plu- via. C. Meditr. Aug. Np. Pont. Np. Hoc et sequenti die Co rona tota mane exoritur, auster hi- bernus et nonmmquam pluvia. C. Vergiliae vesperi oriuntur. P. En. Np. Hoc die et sequenti biduo inter- dum tempestas, nori;ruii(]uam roiat C. Corona tota oritur. P. F. C. C. Arm. Np. Sol in Scorpionem trarr situm facit. C. C. Hoc et sequenti die Solis excrt« Vergilias incipiunt occidere, tooi' pestatem significat. n C. C. C. C. C. 200 CALENDAR. tJ 26 VII. C. Nepae frons exoritur, tempesta- tem significat. C. D. 21 VI. C. Suculas vesperi exoriuntur. P. E. 28 V. G. Vergilias occidunt, hiemat cum frigore et gelicidiis. C. F. 29 IV. C. Arcturus vesperi occidit, vento- sus dies. C. 31 III. C. Hoc et sequenti die Cassiopn in- cipit occidere, tempestatem signifi- cat. C. ft 3. I'rid. C. Caesari Arcturus occidit, et Su- culae exoriuntur cum Sole. P. NOTEMBER. A 1 NoT.Kal. N. Hoc die et postero caput Tauri occidit, pluviam significat. P. 3. 2 IV Arcturus occidit vesperi. P. C 3 III Fidicula mane exoritur, hie- mat et pluit. C. D 4 Prid E. 6 Non. F. F. 6 VIII. F. Ludi. Fidiculae sidus totum ex- oritur, auster, vel favonius, hiemat. C. G. 7 VII. C. Ludi. H 8 VI. C. Ludi. Stella clara Scorpionis exoritur, significat tempestatem, hiemat. C. A. 9 V. C. Ludi. Hiemis initium, auster aut eurus, interdum rorat. C. Gla- dius Orionis occidere incipit. P. B 10 IV. C. Ludi. C. 11 III. C. Ludi. Vergihae occidunt. P. D 12 Prid. G. Ludi. E 13 H. Np. Epul. Indict. Dies incertus, sse- pius tamen placidus. G. i; 14 XVIII. F. 15 XVII. C. Ludi. Pleb. in Circ. H 16 XVI. G. In Girc. Fidis exoritur mane, auster, interdum aquilo magnus. C. A. 17 XV. C. In Circ. Aquilo, interdum aus- ter cum pluvia. G. n. 18 XIV. C. Merk. Sol in Sagittarium tran- situm facit. Suculs mane oriun- tur, tempestatem significat. G. C. 19 XIII. G. Merk. D. 20 XII. C. Merk. Tauri comua vesperi oc- cidunt, aquilo frigidus et pluvia. G. E. 21 XI. G. Sucula mane occidit, hiemat. G. F. 22 X. G. Lepus occidit mane, tempesta- tem significat. C. G. 23 IX. C. H. 24 VIII. G. A. 25 VII. G. Ganicula occidit Solis ortu, hie- mat. G. B. 26 VL C. C. 27 V. G. D. 23 IV. G. E. 29 III. G. F. 30 Prid. C. Totae suculae occidunt, favonius aut auster, interdum pluvia. G. DECEMBER. G 1 Dec.Kal. N. Dies incertus, ssepius tamen pla- cidus. H. 2 IV A. 3 III U 4 Prid C 5 Non. y. I) 6 VIII. . . Sagittarius medius occidit, tem- pestatem significat. C. g. 7 VII C. Aquila mane oritur. Africus, in- terdum auster, irrorat. C. P. 8 VL G. G. 9 V. C. Tl 10 IV. G. Co CAT,TT)A. A. 11 III .\gon. Np. Oorus Tel sepientri<» interdum auster cum pluvia G. B. 12 Prid. En, G. 13 Id. Np. Scorpio totus mane fixoritur, hiemat. C D. 14 XIX. F. E. 15 XVIII. Cons. Np. F. 16 XVII. C. G. 17 XVI. Sat. Np. FeriiE Saturni. Sol m Capricornum transitum facii, luii- male solstitium ut Hipparclio pl:> ■:et. C. H. 18 XV. G. Ventorum commutatio. A. 19 XIV. Opil. Np. B. 20 XIII. G. G. 21 XIL Div. Np. D. 22 XI. G. E. 23 X. Lar. Np. Capra occidit maue, tem- pestatem significat. G. F. 24 IX. C. Brumale solstitium, sicut Chal- daei observant, significat. C. G. 25 VIII. C. H. 36 VII. G. A. 27 VI. G. Delphinus incipit oriri mane, tempestatem significat. C. B. 28 V. G. G. 29 IV. F. Aquila occidit, hiemat. C. D. 30 ni. F. Ganicula occidit vesperi, tempes- tatem significat. G. E. 31 Prid. C. Tempestas ventosa. C. EXPLANATION OF ABBREVIATIONS. A, B, C, D, E, F, G, H. These letters are found in all the old calendars, and no doubt were used for the purpose of fixing the nundines in the wee!c of eight days j precisely in the same way in which the first seven letters are still employed in ecclesiastical calendars to mark the days of the Christian week. Agon., Agonalia.— ? rm., Armilustnan, Varro.-- ApoUin., Apollinanf-- August., Augustalia. — C, Comitialis, Comitiavii. — Gffis., Cmsaris. — Gapit., Capitolio. — Gar., Carmentalia. — Gar., Carnce. — Ger., Cerealia, Varro. — Gir. and Circ, Circenses, Circo. — Gomp., Compiialia. — Con., Consualia, Plutarch.— Div., Divalia, Festus. — Eid., Eidus.—'ED., Endoter- cisus, that is, intercisus. — Epul., Epulum. — Eq., Equina, Var^o, Ovid, Festus. — Equor. prob., Equo- rum prolandorum, Valer. Max. (lib. 2.) — F., Fastus. — ■ F. p., Fastus primo. — Fp., Fas Pratmi. — Fer., Feria. — Fer. or Feral., Fa-alia. — Flor., Ftora/ia, Ovid,, Pliny. — Font., Fontanalia,Yarro. — Ford., Fordicidia, Varro. — H. D., Hoc Die. — Hisp., Hispaniam vint. — Id., Idas. — Indict., Indicium. — Ka\., lialenda. — Lar , Larentalia, Varro, Ovid, Plutarch. — Lem., Lcmuria, Varro, Ovid. — Lib., Liberalia, Varro. — Lud., Lvdi.- Luper., Lapercalia, Varro. — Mart., Marli, Ovid.— Mat., Matri Matutoe, Ovid. — Max., Maximum. — Me dit., Medilrinalia, Varro, — Merk., Merkalus. — Mo- net., Moneta. — N., Nefastus. — N. F., Nefas. — Np.. Ncfastus primo. — Nept., Neplunalia, Neptuno.- Non., Nonce. — Opal., Opalia, Varro. — Opic, Opicon- siva, Varro. — Par., Farilia, Varro, Ovid, Festus, — Pleb., Plebeii, Plehis. — Poplif , Pophfugium. — Port,, Poriunalia. — Pr., Pratori. — Prob., Probandoruni.—- Q., Quando. — Q. Rex c. F., Quando rex comitiavii fas, Varro, Festus. — Q. St. d., Quando stercus de- fertur, Varro, Ovid, Festus. — Quin., . Quinquatrus, Varro. — Quir., Quirinalia. — Regif , Regifugium, or, according to Ovid, the 23d of February. — Rob., Ro ligalia, Varro. — Satur., Saturnalia, Macrobius. — St., Stercus. — Ter., Terminalia. — ^Tubil., Tubilus- trum, Varro, Ovid, Festus. — Vest., Vestce. — Vict., Victoria. — ^Vin., Yinalia, Varro. — Vole, VolcanalixL, Varro. — Vol., Volturnalia, Varro. CAL'IDA, or CALDA, the warm drink of the Greeks and Romans, which consisted of waim wa- 201 UALIGA. CALONES. ter mixed with wine, with the addition, probably, of spices. This was a very favourite kind of drink with the ancients, and could always be procured at certain shops or taverns called thermopolia,'- which Claudius commanded to be closed at one period of his reign.' The vessels in which the wine and wa- ter was kept hot appear to have been of a very ele- fipnt form, and not unlike our tea-prns both in ap- pearance and construction. A representation of one Ci( these vessels is given in the Museo Borbonico,' ♦ions which the following woodcut is taken. In the middle of the vessel there is a small cylindrical fur- aacc, in which the wood or charcoal was kept for heating the water ; and at the bottom of this furr nace tliere are fmw small holes for the ashes to ftU through. On the right-hand side of the vessel there is a kind of cup, communicating with the parfsur- lonnding the furnace, by which the vessel might be fiiiea without taking off the lid ; and on the left-hand eidc there is, in about the middle, a tube vdth a cock for drawing off the liquid. Beneath the conical cover, and on a lever with the rim of the vessel, there is a movable flat cover, with a hole in the middle, which closes the whole urn except the mouth of the small furnace. Though there can be no doubt that this vessel was used for the purpose which has been mention- ed, it is difficult to determine its Latin name ; but it was probably called aulhepsa. {Vid. Adthepsa.) Pollux* mentions several names which were applied to the vessels used for heating water, of which the !7n'o;iEfi7/f, which also occurs in Luci'an,' appears to answer best to the vessel which has been described above.' *CALIDRIS {KaUSpi;)^ the name of a bird men- tioned by Aristotle. Belon conjectures that it was 71 bird called Chevalier by the French. The term Calidris is now applied to the Red-shank. CA'LIGA, a strong and heavy sandal worn by the Roman soldiers. Although the use of this species of calceamentum fixtended to the centurions, it was not worn by the tuperior officers. Hence the common soldiers, in- eludlng centurions, were distinguished by the name 1. (PUut., Cur., II., 'ii., 13.— Trin., H iii., 6.— Hud., 11., yi,, f , a shoemaker's last." These oalo^ nes are generally supposed to have been ' slaves, and almost formed a part of the army, as we may learn from many passages in Caesar.:: in. fact, we Ere told by Josephus that, from livings always with the soldiers, and being present at their exercises, they were inferior to them alone in skill and valour. The word calo, however, was not confined to this signification, but was also applied to farm-servants, instanses of which usage are found in Horace.' In Caesar this term is generally found by itself ; in Tacitus it is \ coupled and made almost identical with lixa. Still the calones; and lixae were not the same : the latter, in fact, were freemen, who mere- ly followed the camp for the purposes of gain and merchandise, and were so far from being indispen- sable to an army that they were sometimes forbid- den to follow it {ne lixa scquerentur exercibim*). ThuSj again, we read of the "lixa mercatcfresque,qm flaustris merces portahant"^ iwords which plainly show that the Jixffi were traders and dealers. Livy also' speaks; of ithem as caruying on business. /The termi; itself; is isupposed tO; be connected with Mxaj an old word signifying water, inasmuch as the lixse supplied this article to the soldiers : since, however, they probably furnished ready-cooked provisions to the soldiers, it seems not unlikely that their ap- pellation may have some allusion to this circum- StBnC6 ' CAL'OPUS, GALOPOD'IUM. (Fid. Forma.) - CALU'MNIA. Gahimnian, is defined iby Mar- c\d.n,'."Fals(iucriminiiiiiteniere;" a definition which, as there given, was only intended to apply to crim- inal matters. ; The definition of Panlus'. applies to matters both criminal and civil : " Cahwmiosus est \ui sciens.prudensque per fraudem. negotium alicui eianparaxr Cicero^? speakS: of "calumnia," and of the '^nimis callida et mahtiosa juris interpretatio,'' as things related.: Gains says,. " Calwmnia in aifeetu, est, sicutfurti^erimen;^' the criminality was to be de- termined by the intention. When an accuser failed in his proof, and the reus was acquittedi therei might be. an- inquiry into the conduct and motives of the accuser. If the person who made this judicial, inquiry (.qui cognovit) found that the accuser had merely acted from r error of judgment, he acquitted him in the form non pro^ bastifiSha convicted him of evil intention, he de- clared his sentence in the words icahimniatus es, which sentence was: followed by the legal punish- ment. According to Marcian, as above quoted, the pun- ishmenb, for.calumnia was fixed by the lex Rem- mia, or, as it is .sometimes, perhaps incorrectly, named,; the ilex Memmiaj" . But it is not known when this'lex was passed, nor what were its pen- alties.! It appears from Cicero" that the false ac- cuser might be. branded on the forehead with the letter K, the initial of Kalumnia ; and it has been conjectured, though it is a mere oonjecturej that Ihis punishment was inflicted by the lex Remmia. The punishment for calumnia was also exsilium, relegatio in insulam, or loss of rank (ordinis amis- sio):; but probably only in criminal cases,, or in mat- tors relating to status." 1. (Ad Mn., vi., 1.)— 2. (Plato, Symp.)— 3. (Epist., I., liv., : ' The defendant might in all cases avail himsoli of the calumnia: judicium, by which the plaintiff, if he was found to be.guilty of calumnia, was mulcted to the defendant in the tenth part of the value of the object-matter of the suit. But the actor was not mulcted in this action, unless it was shown that he brought his suit without foundation, knowingly and designedly. In the contrarium judicium, of which the defendant could only, avail himself in certain cases, the rectitude of the plaintiff's purpose did not save him. from the penalty. Instead ol adopting either of these modes of proceeding, the defendant might require the plaintiff to take the oath of calumnia, which was to the effect, "Se non calumnia causa agere." In some cases the defend- ant also was required by the prstor to swear that he did not dispute the plaintiff's claim, calumnia causa. Generally speaking, if the plaintiff put the defendant to his oath {jusjurandum ei defcrebat), the defendant might put the plaintiff to his oath of calumny.' In some actions, the oath of calumny on the part of the iplaintiff was a necessary prelimi- nary to the action. In.all judicia publica, it seems that the. oath of calumnia was required from the accuser. If the restipulationis pcena was required from the actor, the defendant could not have the benefit of the calumniae judicium, or of the oath of calumny ; and the judicium contrarium was not apphcable to such cases. 1 Persons who for money either did or neglected to: do certain things, calumnise causa, were liable to certain actions.' CA'MARA {mfiapa) or CAMERA is used in two different senses: I. It signifies a particular kind of arched ceiling in use alnong the' Romans,* and, most probably, common also to the Greeks, to whose language the word belongs. It was formed by semicircular bands or beams of wood, arranged at small lateral distan- ces, over which a coating Of lath and plaster was spread, and the whole covered in by a roof, resem- bling in construction the hooped awnings in use among us,? or like the segment of a cart-wheel, from which the expression rotatio camararum is de- rived.' Subsequently to the age of Augustus, it be- came the fashion to line tiiecamara with plates ol glass ; ihence they are termed vitrea.'' II. Small boats used in early times by the people who. inhabited the shores of the Palus Maeotis, ca pable of containing from twenty-five to thirty men, were termed Ka/iapat by the Greeks." They were made to work fore and ait, like the fast-sailing proas of the Indian seas, and continued in use until the age of Tacitus, by whom they are still named camara,' and by whom-their construction and uses are described." ■ ♦CAMELOPARD'AIilS {Kaiiriloirapdalii;), the Camelopard or Giraffe, the Giraffw Camelopardalis, L. " The name Giraffa," observes Lt. Col. Smith, *' is derived from the Arabic Zuraphahfa, which is itself, corrupted from Amharir Ziralaka; and the Romans, who had seen this animal several times exhibited from' the period when Julius Caesar first displayed one to the people, described it under the name of Camelopardalis, on account of its similari- ty to the Camel in form, and to the Panther or 1. (iv., 174-181.)— 2. (Dig. 1.2, tit. 2, s. S7.)— 3. (Dig. 3, tit 6.)— 4. (Cio., ad Quint. Fiatr., iii., i, 1) 1.— Propert., III., ii, lb.^Plin.,.H.N., xxxvi.,64.)— 5. (Vif.ruv.,vii., 3.)— 6. (Salmaa. in Spart.', Hadr., o. 10.)— 7. jPlin., 1. c.— Compare Statins, Sylr., I., iii.; 53.)'-S. (Strabo, xi., ]i. 3^8, ed. Sieb«nkees.).-9, 'Hiii*. iii., 47.)- ■■» "■ 'npave Oell x.. 25 203 TAMELUS. CAMPUS MAR'IIUS. >*aTdalis in spots. This beautiful animal is noticed by Oppian,* Diodorus Siculus,' Horace,' Strabo,* and Pliny ;' but the first satisfactory description is found in the Jithiopica of Heliodorus.' Schneider follows Pallas in referring the ttupStov of Aristotle' to this same animal. Modem naturalists have knowi\ the Giraffe only since Mr. Patterson, Col, Gordon, and M. le Vaillion found it in South Afri- ca ; but as the Romans were acquainted with the animal, it must have existed to the north of the equinoctial line. It would appear, moreover, that a variety or second species is found in Central Af- liea ; for Park, in describing his escape from cap- tivity among the Moors, noticed an animal of a gray colour, which he refers to the Cameiopardalis. Lt. Col. Smith considers this animal as the wild Camel of the mountains, the existence of which has been attested by several negroes brought from the interior, and in the Prsenestine Mosaics, where two spotted Camelopardales are seen together ; a lar- ger animal is likewise represented, with shorthorns, but without spots, and the name TABOUC written over. In a drawing of the same mosaic, the word appears to be partly effaced, but to have been PA- *OUC. It is remarkable, that while the spotted figures are without a name, the animal in question, occupying that part of the picture which designates the Cataracts of the Nile, should be called by the Ethiopian appellation of the Camelopard, which, ac- cording to Pliny, was Nabis, resembling the Hot- tentot Naip ; or, by the second reading, be like the Arabic, or one of its dialects. — The absence of the Giraffe from Europe for three centuries and a half naturally induced a belief that the descriptions of this animal were fabulous, or nearly so, and that a creature of such extraordinary height and apparent disproportions was not to be found among the actu- tl work! of nature. This skepticism was first shaken by Le Vaillant, the traveller, and is now completely removed."' *CAME'LUS (Kufirilo^), the Camel. As Buffon remarks, Aristotle has correctly described the two species of Camel, which he calls the Bactrian and the Arabian, the former being the Camelus Bactri- anits, L,, or the Camel with two hunches, one on the shoulders, and the other on the croup ; and the latter, the Camelus Dromedarius, L., or the species with only one hunch, and of which the Dromedary, properly so called, is a breed. The Dromedary of the Greeks is the Mahairy, and is the most celebra- ted for speed. " The name by which these animals are generally known in Europe is evidently derived from an Eastern root, namely, Djemel of the Arabs, Gamal or Gimal of the Hebrews, and points out the quarter where they have been domesticated from a period anterior to all historical documents. Al- though the Greek and Roman writers take univer- sally as little notice of the Camel as an inhabitant of Northwestern Africa or Egypt, as they speak re- peatedly of him in Syria, Arabia, and the rest of ■Western Asia, we may easily infer, from a consid- eration of the peculiar structure of this animal, that the predestined habitation of the genus was on the sandy deserts of the Zahara, as well as the plains of Arabia, Persia, the Indies, and Southern Tarta- ry. The silence of profane writers, however, is compensated by the Sacred Writings. In Genesis, the king of Egypt is mentioned as having bestowed Camels upon Abram ; consequently, their presence in the valley of the Nile is established before the era of the earliest Greek or Roman writers. And yet it is a singular fact, that the Camel is not rep- i. CJyiaiT., iii.)— 2. (if., .11.)— 3. (Epist., II., i., 195.)— 4. ;»vii.; p. 774, 626, ef. Cua.)— 5. (H. In., viii., 27.— Compare fieopfin., xvi., as.;- 6. (x., 27.)— 7. (H. A.,ii., 2.)— 8. (Griffith's Cavier vol. iv., p 151, f^^hI. — Smith's SupplemcnL) 204 resented in the hieroglyphics, either in donicatie scenes or in subjects relating to religion. In all obvious cases, the intelligence of man may be cor. sidered as acting in unison with the intentions ol Nature; now, as this sagacity to appreciate hia own interests had already, in the earliest ages, car- ried the Camel over India, China, and Middle Rus- sia, it is certainly rather surprising that the Romans, in their frequent wars in Northern Africa, shoaW r.ot have found them of sufficient importance to he :aer.tioned, till Procopius first notices camel-ridinj Moors in arms against Solomon, the lieutenant of Belisarius : from that period, and most particularlj during the progress of the sword of the Koran to Morocco, the Camel is the most striking, and con- sidered the most useful animal in the country. It is probable that this animal increased in proportion as agricuit'jre diminished; at least the two facts are coeval. With the Koran, also, the Camel first crossed the Bosporus, and spread with the Turks over their present dominions in Europe.'" *CAMM'ARUS {Ka/i/iapog or -'c). a variety of the Cans, or Squilla, acording to Athcnasus. It is the common Lobster, the Cammarus of Pliny, and the Cancer Cammarus of Linnaeus. Aristotle, in the second chapter of the fourth book of his " History of Animals," gives a most faithful and elaborato account of the species, which is still an inhabitant of the Mediterranean." CAMI'NUS. (Vid. House.) CAMPESTRE (so. subligar) was a kind of gii die or apron, which the Roman youths wore rouno" their loins when they exercised naked in the Cam- pus Martins.' The campcstre was sometimes won in warm weather in place of the tunic under the toga (campestri sub toga cinctu&*). CAMPIDOCTO'RES were persons who taoghl soldiers their exercises." In the times of the Ho- public, this duty was discharged by a centurion, or a veteran soldier of merit and distinction {Exerd tationibus nostris rum veteranorum aliquis, mi dccHi muraXis aut civica, sed Grceculus magister assistif) CAMPUS MARTIUS. The term campus be- longs to the language of Sicily, in which it signilied a hippodrome or race-course {Ka/iiroc, iKirodpo/toi 2j/tc/loif') ; but among the Romans it was used to signify an open plain, covered with herbage, and set apart for the purpose of exercise or amusement. Eight of these plains are enumerated by P. Victoi as appertaining to the city of Rome ; among which the most celebrated was the Campus Martius, so called because it was consecrated to the god Mars.' Some difference exists between Livy and Dionysius Halicarnassus respecting the period at which this consecration took place. The former states' that, upon the expulsion of the Tarquins, the people tool possession of their property {ager Targuiniorum), situate between the city and the Tiber, and assign- ed it to the god of war, by whose name it was sub- sequently distinguished; whereas the latter says" that the ager Targuiniorum had been usurjied from that divinity, to whom it belonged of old, and ap- propriated by the Tarquins, so that it was only re- stored to its original service upon their expulsion, which gains confirmation from a law of Numa, quo- ted by Feslus," "Secunda spolia in Marlis aram i« campo Solitaurilia utra voluerit cadito."" From the greater extent and importance of tl.is plain beyond all the others, it was often spoken of as the plain, /car' i^oxijv, withoct any epithet to ttis- 1. (Griffith's Cuvier, vol, iv., p. 37. — Smith's Supplement)— 2. (Adams, Append., s. v.)— 3. (Augustin., De Civ. Dei., ji' i 17.) — 4. (Ascon., ad Cic, pro Scauro, p. 30, ed, Orelli.— Hor, Epist., I., xi., 18.)— 5. (Veget., i., 13.)— 6. (Plin., Paneg., ».| —7. (Hesycb.)— 8. (Liv., ii., 5.)— 9. (1. c.)— 10. (v., p. 276.il 1704.)— 11. (s. V. Opima.)— 12. (Compare Liv., i., 44.1 CAMPUS SCELERATUS C.'NATHROlN iiiigulsh it, as ia the passage of Festus just cited ;'■ and, therefore, whenever the word is so used, it is the Campus Martius which is to be understood as always referred to. ■ The general designation Campus Martius com- prised two plains, which, though generally spoken of collectively, are sometimes distinguished." The former of these was the so-called ager Tarquinio- rum, to which Juvenal^ refers, inde Superbi Totum regis ogTum ; the other was given to the Roman Ijeopls by the vestal virgin Caia Taratia or Suffetia,* and is sometimes called Campus Tiberinus,^ and sometimes Campus Minor. ^ It is difficult to determine the precise limits of the Campus Martius, but in general terms it may be described as situated between the Via Lata and Via Flaminia on the north, the Via Recta on the south ; as bounded by the Tiber on the west, and the Pantheon and gardens of Agrippa towards the east ; and the Campus Minor, or Tiberinus, occu- pied the lower portion of Jhe circuit towards the Via Recta, from the Pons jElius to the Pons Janic- ulensis. (Kid. Bridge.)' That the Campus Martius was originally without the city is apparent, first, from the passages of Livy and Dionysius above referred to ; secondly, from the custom of holding the Comitia Centuriata there, which could not be held within the Pomceri- um ; hence the word campus is put for the comitia,' which also explains the expression of Cicero,' fors domina campi, and of Lucan," venalis campus, which means " a corrupt voter ;" thirdly, because the gen- erals who demanded a triumph, not being allowed to enter the city, remained with their armies in the Campus Martius ; and, finally, because it was not lawful to bury within the city, whereas the monu- ments of the illustrious dead were among the most striking ornaments with which it was embellished." [Vid. BnsTUM.) But it was included in the city by Aurelian when he enlarged the walls.'^ The principal edifices which adorned this famous plain are described by Strabo," and are amply treat- ed of by Nardini." It was covered with perpetual verdure,'" and was a favourite resort for air, exer- cise, or recreation, when the labours of the day were over." Its ample area was crowded by the young, who there initiated themselves in all warlike and athletic exercises, and in the games usual to the palaestra ; for which purpose the contiguous Tiber rendered it peculiarly appropriate in early times, before public baths were established." Hence campus is used as " a field" for any exercise, mental or bodily." Wooden horses were also kept in the Campus Martius, under porticoes in winter, and in the open plain during summer, in order to give expertness in mounting and dismounting ; a neces- sary practice when stirrups were not in use." Horse-races (equiria) also took place here, unless when the campus was overflowed, upon which oc- casions they were removed to the Campus Martialis on the Cffilian." CAMPUS SCELERA'TUS was a spot within the walls, and close by the Porta Collina, where those of the vestal virgins who had transgressed their TOWS were entombed alive, from which circum- I. (Propert., ii., 16, 34.— Ovid, Fast., vi., 237.— Liv., xl., 45. — Lnoan, i., 180.— Hor., Cann., III., i., 10.— Cic, Cat., i., 5.— De Off., i., 29.)— 2. (Strabo, v., 8.)— 3. (Sat., vi., 525.)— 4. (Aul. Gell., vi., 7.— Plin.jH. N., xxxiv., 11.)— 5. (Gell. et Plin., II. cc.)— 6. (CatuU., Iv., 3.)— 7. (Nardiiii, Rom. Ant., vi., 5.— Donat., De Urbe Rom., i., 8.)— 8. (Cic, De Orat., iii., 42.)— 9. (in Pil, 2.)— 10. (1. 0.)— 11. (Strabo, 1. c— Plut., Pomp., p. 647, D.— Appian, BbU. Civ., i., p. 418.— Suet., Aug., o. 100.— Claud., c. 1.)— 12. (Nardini, Rom. Ant., i., 8.)— 13. (v., 8.)— 14. (Bom. Ant., vi., 5-9.)— 15. (Hor., Carm., III., vii., 25.)— 16. (Hor., Epiat., 1., vii., 59.)— 17. (Strabo, 1. c— Veget., i., 10.)— 18. (Cic, De OC, i., 18.— Acad., ii., 35.— Pro Muran., 8.)— 19. (Veset . i., 23.)- -20. .'Festus. s. v.) stance it takes its name.' As it wai Jnlawtul in bury within the city, or to slay a vestal, whose per- son, even when polluted by the crime alluded to, was held sacred, this expedient was resorted to in order to elude the superstition against tailing away a consecrated life, or giving burial within the city!" CAN'ABOS or CINN'ABOS (icdvaBoc: or kIvvi.- Bog) was a figure of wood, in the form of a skeleton, round which the clay or plaster was laid in formmjj models. Figures of a similar kind, formed to dis- play the muscles and veins, were studied by paint, ers in order to acquire some knowledge of anatomy.' CANA'LIS, which means properly a pipe or gut- ter for conveying water, is also used in three spe- cific significations : I. To designate a particular part of the Forum Romanum.* " In foro infimo boni homines atque dites ambulant ; In medio propter canalem, ilii ostenlatores meri." The immediate spot so designated is not precisely known ; but we can make an approximation which cannot be far from the truth. Before the Cloaca were made, there was a marshy spot in the Forum called the Laoiis Curtius ;' and as the Cloaca Max- ima was constructed for the purpose of draining off the waters which flowed down from the Palatine Hill into the Forum, it must have had a mouth in it, which was probably near the centre. The " ken- nel," therefore, which conducted the waters to this embouchure, was termed Canalis in Foro ; and Be- cause the idle and indigent among the lower class- es were in the habit of frequenting this spot, they were named Canalicol^.' The canalis appears to have had gratings (cancelli) before it, to which Cice- ro' refers when he says, that after the tribune P. Sextus had arrived at the Columna Menia, " tanlus est ex omnibus spectaculis usque a Capitolio, tantus ex fori cancellis plausus excitatus ;" by which he means all classes, both high and low : the upper, who sat between the Columna Menia and the Cap- itol ; and the lower, who were stationed near the cancelli of the canalis. In the modern city of Rome, the foul waters empty themselves into the sewers through an archway nearly six feet high, the mouth of which is closed by an iron grating called cancello, so that the passer-by is annoyed by the effluvia ex- haling from them ; which, we learn from a passage in TertuUian," was also the case in the ancient city. II. Canalis is used by Vitruvius' to signify the channel which lies between the volutes of an Ionic capital, above the cymatium or echinus, which may be understood by referring to the representation of an Ionic capital given in the article Astraoalus. III. In reference to aquaeducts, Canalis is used by Frontinus'" for a conduit of water running paral- lel to the main course (specus), though detached from it. Accurately speaking, it therefore means a pipe of lead or clay," or of wood," attached to the aquaeduct, which brought a stream of water from the same source, but for some specific use, and not for general distribution ; though the word is some- times used for a watercourse of any kind. CAN'ATHRON {KiivaSpov), a carriage, the uppei part of which was made of basket-work, or, more properly, the basket itself, which was fixed in ttn carriage." Homer calls this kind of basket Tteiotvg." 1. (Uv., viii., 15.)— 2. (Compare Festus, s. v. Probrum.) — 3 (Aristot., H. A., iii., 5.— Id., De Gen. An., ii., 0.— Pollu.v, Onam> vii., 164 ; X., 189.— Suid. et Hesyoh., s. v.— Muller, Archmol. del Kunst, l> 305, n. 7.)— 4. (Plant., Curoul., IV., i., 14.)— 5. (Vxr ro, De Liiig. Lat., v., 149, ed. MiiUer.)— 6. (Festus, s. v — Coit pare Aul. Gel., iv., 20.)— 7. (Pro Sext., 58.)— S. (De Pall., c.£( —9. (iii., 3, p. 97, ed. Bipont.)— 10. (c. 67.)— 11. (Vitrav., viii. 7.)— IS. (Palladio, ix., 11.)— 13. (ien.. Ages., viii., 7.— Plut. Ages., c 19.)— 14. (II., xxiv., 190, 267.— Er statli., ad loo.— Com pare Sturz, Lex. Xenoph., s. v. KdvaSpov.- .SchefTerj De So Vii hie, p. 68.) 305 CANDELABRUM. CANDELABRUM. •t/ANOER, the Crab. {Vid. Cakoinus.) CANDE'LA, a candle, made either of wax (cerea) or tallow (sfiiacM), Was used universally by the Ro- mans before the invention of oil lamps (liicerna)^ They used for a wick the pithof a kind of rush call- ed seirpus.^ In later timesicandelae were only used by the poorer classes ; the houses of the more weal-i thy were always lighted by lucernse." CANDELA'BRUM was originally used as a can- dlestickj but was afterward used to support lamps {TLvxvovxog), in which signification it most common- ly occurs. The candelabra of this kind were usu- ally made to stand upon the ground, and were of a considerable height. The most common kind v/ere made of wood ;* but those which have been found in Herculaneum and Pompeii are mostly of bronze. Sometimes they were made of the more precious metals, and even of jewels, as was the one which Antiochus intended to dedicate to Jupiter Capitoli- nus.' In the temples of the gods and palaces there were frequently large candelabra made of marble, and fastened to the ground.' There is a great resemblance in the general plaa and appearance of most of the candelabra which fcsve been found. They usually consist of three parts: 1. the foot (|8uiTjf); 2. the shaft or stem (/r^i;- 5l6f) ; 3. the plinth or tray (Siaicog), large enough far a lamp to stand on, or with a socket to receive a wax candle. Tlie foot usually coDsists cf three lions' oi- griffins' feet, ornamented \7ith leaves ; and the shaft, which is cither plain or fluted, generally ends in a kind of capital, an wi~.ioh Vne tray rests for supp9r*.ipg the lamp S-ycf-^mp-n we find a figure between the lapiteil aid 'he tr»/, as is seen in the can J'iia jrjK. on the riflht huaf. P. t'^e annexed wood- "JUt, Which is taken from the Museo Borbonico,'' and a candelabrum found in Pompeii. The 1. (Varro, Do I/iner. Lat^ v., 34.— Martini, xiv., 43.— Athdn., IT., p.700.)-'2. (Plin., H. N., 3tvi., 70.)— 3. (Jut., Sat., iii., *87.) — 4. (Cic, ad Quint. Fratr., iii,, 7. — Martial, liir., 44.— Petron., c. 95.— Athen., iv., p. 700.)— 5. (Cic, VeiT., iv., 28:)— 9: (Muaeo, Ko-Clem., iv., 1, 5 j v., 1 » )— ". (iv., nl. 57.) 20(5 one on the left hand is also a representation of t candelabrum found in the same city,^ and is made with a sliding shaft, by which the light might be raised or lowered at pleasure. The best candelabra were made at .^gina and Tarentum.'. ' Theie are also candelabra of various other fonns, '.Vioagh those which have been given above we by f'^e the Tivost common. . They sometimes consist .ui a %'.''r-!l''-*'-'"^- (I^i"-' H. N., iixiT., 6.)-3 (Mu.. B rb., YU., ill. 15.)— 4. (Mus. Borb., if., pi. 59.) CAJNKPHOROS. CANIS. led upon the table. These candelabra usually con- sist of pillars, from the capita's of which several lamps hang down, or of trees, tt )m whose branches lamps also are suspended. The preceding woodt-ut represents a very eleganS candeLibrum of this kind, found in Pompeii:' ' Tho original, including the stand, is three feet high. The pillar is not placed in the centre, but at one end of the plinth, which is the case in almost every candelabrum of this description yet found. The plinth is inlaid in imitation of a vine, the leaves of which are pf silver; the stem and fruit of bright bronze. Qn one side is aa altar with wood and fire upon it, and on the other a Bacchus liding on a tiger. CANDYS {kuvSvs), a gown worn by the Medes and Persians over their trousers and other gar^ ments." It had wide sleeves, and was made of woollen cloth, which was either purple or of some other splendid colour. In the Persepohtan sculp- tares, nearly all the principal personages are, cloth- sd in it. The three here shown are taken fromSir 1. K. Porter's Travels.^ ■ We observe that the persons represented m these sculptures commonly put their hands through the sleeves {Sieip/coTE; raf ;t;ftpaf dm rCni KavSvav), but sometimes keep them out of the sleeves (Sfu riiv XcipiSov) ; a distinction noticed by Xenophon.* The Persian candys, which Strabo' describes as a " flow- ered tunic with sleeves," corresponded to the wool- len tunic worn by the Babylonians over their linen shirt (dplveov laBuva iirevSvvu ;' kireviiTjK ipeovs''). A gown of the same kind is still worn by the Ara- bians, Turks, and other Orientals, and by both sexes. CaNE'PHOROS (/caviy^opof). When a sacrifice was to be offered, the round cake Ijpoxia (pdotg ;° TToiravov,' okfi, mold, salsa), the chaplet of flowers, the knife used to slay the victim, and sometimes the frankincense, were deposited in a flat circular basket {xdveov, canistrum), and this was frequently jarried by a virgin on her liead to the altar. The practice was observed more especially at Athens. When a private man sacrificed, either his daughter or some unmarried female of his family ofliciated as his canephoros ;'° but in the Panathenaia, the ■ Dionysia, and other public festivals, two virgins of the first Athenian families were appointedfor the purpose. Their function is described by Ovid in Iho following lines : " Sla forte die casta de more puettce Vertice supposito fesias in Palladis arces Pura coronatis portabant sacra, canistris."^^ That the office was accounted highly honourable appears from the fact that the resentment of Har- modius, which instigated him to kill Hipparchus, arose from the insult ofFered-by the latter in forbid. ■ 1,' (Mus. Botb., ii., pli 13.)— 2..(X8ii., Cyr., i., B, (> 2.— Anab., i., 5, » 8.— Diod. Sio.,xvii., 77.)-^3. {vol. i.,pl. 49.)— 4. (Cyrop., «■«;, 3, 1) 10, 13.)— 5. (rv., 3, 1*.)— 6. (Herod., i., 195.)— 7. vStrabo, xvi., 1, 20.)— 8. (Addsei Epigr.,. Bninok, ii., 241.)^-». jifilian, V. H., li., 5.)— 10. (Aristoph., Acham., 241-252.)- II. (V>.t.. ii., 713-7l.'i ^ ding the sister of Harmodius to walk as cauephoroa in the Panathenaic procession.' An antefixa in the British Museum (see woodcut) represents the two canephorcE approaching a candelabrum. Each of them elevates one arm to support the basket, whil* she slightly raises her turiic with the other. This atlitilde was miieh admired by ancient artists. PliAy"' iii'entiOns a marble canephoros by Soopas, and Cicero' describes a pair in bronze, which were the exquisite work of Polycletus. {Vid. Caeyatis.) *CAN'CAMUM (/cav/^a/iov), a substance mention- ed by Dioscorides,* arid which Paul of Mgina.^ de- scribes as the gum of an Arabian tree, resembling myrrh, and used in perfumes. Avicenna calls it a gum of a horrid taste. Alston remarks that " some have taken Lacea to be the Cancamwrn Dioscoridis ; but it seems to have been unknown to the ancient Greeks." Upon the whole, Sprengel inclines to the supposition that it may have been a species lof tho Amyris Kataf.' '■ " GPi^lC'O'LM. (F«— 10. (■«., p. 4(9 pd 'Putsrii > CAPER CAPITE CENSI. Mie canticum, as violent gesticulation was required, )t appears to have been the custom, from the time of Livius Andronicus, for the actor to confine him- self to the gesticulation, while another person sang the recitative.' The canticum always formed a part of a Roman comedy. Diomedes observes that a Roman comedy consists of two parts, dialogue and canticum {Latince comxdi reached the Scandinavian nations ; and the thread, I at first platted into ribands, afterward enlarged, and ( wrought like matting into a kind of thrum, was at ' length woven into narrow, and, last of all, into broad i pieces of cloth. In the riband plat (i. e., plaid) we see the origin of the check dresses common to most nations of northern latitudes during their incipient state of civilization ; for these were made by plat- ting the ribands into broader and warmer pieces. The stripes, almost universal in the South, were the same plats sewed together. That goat's hail was the chief ingredient among the Scandinavians, is proved by their divinities being dressed in Geiia Kurtlu. The domestic goat in the north and west of the Old World preceded sheep for many ages, and predominated while the country was chiefly covered with forests ; nor is there evidence 01 wool-bearing animals crossing the Rhine or the Upper Danube till towards the subversion of the Roman Empire.'" *CAPHU'RA {Ka(povpa), the Camphor-tree. Sy- meon Seth is the first Greek who makes mention of the Camphor-tree, or Lauras Camphora, L. He describes it as a very large tree, growing in India, the wood of which is light and ferulaceous. Cam- phor was first introduced into medical practice by the Arabians. CAPILLUS. (,Vid. Coma.) CAPISTRUM {(bopSeia), a halter, a tie for horses, asses, or other animals, placed round the head'oi neck, and made of osiers or other fibrous materials. It was used in holding the head of a quadruped which required any healing operation," in retaining animals at the stall," or in fastening them to the yoke, as shown in the woodcut Akatbum (p. 79). In representations of Bacchanalian processions, the tigers or panthers are attached to the yoke by ca- pistra made of vine-branches. Thus we read of the viie capisirata tigres of Ariadne,* and they are seen on the bas-relief of a sarcophagus in the Vati- can representing her nuptial procession. See the annexed woodcut. f 1. (Liv., viii., 2.— Lucian, Dc Stsllat., c. 30.— laidor., Orig., H jniii., 44.)— 2. (Do Canticis, p. 11.)— 3. (iiv.,4.) — 4. (ii., 51.)— 9 5. (Wilkinson, Mamieri anil Cuttomi of Anc. Egyptians, vol. v., p. 190.) Dn In ploughing fields which were planted with vines or other trees, the halter had a small basket at- tached to it, enclosing the mouth, so as to prevent the ox from cropping the tender shoots {fisceMs ca- pistrari'). Also, when goatherds wished to obtain milk for making cheese, they fastened a muzzle or capistrum, armed with iron points, about the mouth of the kid, to prevent it from sucking.' Bands of similar materials were used to tie vines to the poles {pali) or transverse rails (juga) of a trellis.' The term ^opfieja was also applied to a contri- vance used by pipers (avliiTal) and trumpeters to compress their mouths and cheeks, and thus to aid them in blowing. ( Yid. Chikipota.) This was said to be the invention of Marsyas.' CAPITA'LIS. (YiA. Caput.) . CA'PITB CENSI. (Jid. Caput.) ■ 1. (GriiEth's Cuvier, vol. iv., p. 294, seqq.)— 2. (Columella, vi., 19.)— 3. (Varro, De Re Rust., ii.. 6.)— 4. (Ovid, Epist., ii, SO.^Sidon. Apoll., cann. xxii., 23.)— 5. (Plin., H. N., xvii., 4», « 2.s-CatOi De Re Rust., S4.)— 6. (Virg., Georg., iii., 399.)— 7 ' (Golumella, iv., 20 ; xi., 2.)— 8. (Simonides, Brunck Analeot., i. 122.— Sophocles, ap. Cio. ad Att., ii., 16.— Aristoph,, At., 8W -^Vesp,, S80.— Equit., 1147.— Schol. ad 11.) CAPITOLIUM. CA'PITIS DEMINU'TIO. {Vid. Caput.) CAPITO'LIUM. This word is used in different significations by the Latin writers, the principal of which are the following : I. Capitolium, a small temple (sacellum}), sup- posed to have been built by Numa, and dedicated to Jupiter, Juno, and Minerva," situated in the Re- gio ix. on the EsquUine, near to the spot which was afterward the Circus of Flora.^ It was a small and humble structure, suited to the simplicity of the age in which it was erected,* and was not termed capi- tolium until after the foundation of the one mention- ed below, from which it was then distinguished as tiie Capitolium vctus.^ Martial' alludes to it under the name of antiquum Jovem. II. Capitohum, the Temple of Jupiter Optimus Maximus, in the llegio viii. on the Mons Tarpeius,' so called from a human head being discovered in digging the foundations.* Martial distinguishes very clearly this temple from the one mentioned above : " Esquiliis domus est, domus est tibi colle Diana ; Inde novum, veterem ■prospicis inde, Jovem."' Tarquinius Priscus first vowed during the Sabine war to build this temple, and commenced the found- ations.'" It was afterward continued by Servius TuUius, and finally completed by Tarquinius Superb- us out of the spoils collected at the capture of Su- essa Pometia," but was not dedicated until the year B.C. 507, by M. Horatius." It was burned down during the civil wars, at the time of Sulla, B.C. 83,'' and rebuilt by him, but dedicated by Lutatius Catulus, B.C. 69.'* It was again burned to the ground by the faction of Vitellius, A.D. 70," and rebuilt by Vespasian ; upon whose death it was again destroyed by fire, and sumptuously rebuilt for he third time by Domitian." The Capitolium contained three temples within the same peristyle, or three cells parallel to each other, the partition walls of which were common, and all under the same roof" In the centre was (he seat of Jupiter Optimus Maximus," called cclla Jovis," and hence he is described by Ovid'° as "media qui sedet aede Deus." That of Minerva was on the right ;"' whence, perhaps, the allusion of Horace,== " Proximos illi tamen ocoupavit Pallas honores ;" and that of Juno upon the left ; but com- pare Livy,'= "Jupiter Optimus Maximus, Juno regi- na, et Minerva," and Ovid,"* which passages are considered by some writers to give Juno the prece- dence over Minerva. The representation of the Capitolium in the next woodcut is taken from a medal. rhe exact position occupied by this temple has I. (Varro, De Ling. Lat., v., 158.)— 2. (Varro, 1. c.)— 3. (Var- 10, 1. c— Notit. Imper.— P. Victor.)— 4. (Val. Max., iv., 4, <) 11.) —5. (VajTO, 1. O— 6. (EpigT., V., xxii., 4.)— 7. (Livy, i., 65.)— 8. (Dionys., iv., p. 217. — Liv., 1. c. — Varro, De Linff. Lat.,T., 41.— 8erv., ad Virg-., Mn., viii., 345.)— 9. (Epigr., VII., lixiii.)— 10. (LiT., i 38.— Tacit., Hist., iii., 72.— Compare PUn., H. N., iii., 9.)— 11. (Tacit., 1. c— Liv., i,, 55.)— 12. (Liv., ii., 8.)— 13. (Ta- cit., 1. c— Plin., H. N., xiii., 27.— Plut., SuU., c. 27.)— 14. (Ta- rit., i. c— Plin., H. N., xix., 6,— Liv., Epit., 98.)— 15. (Tacit., I. c— Plin., H. N., xxxiv., 17.)— 16. (Suet , Dom., c. 5.)— 17. (Dionys., iv., p. 248 )— 18. (Dionys., 1. c.)— 19. (Gell., vii., 1,2. -Liv., X., 23.)— 2Q, (Ex Pont., iv., 9, 32.)— 21. (Liv., vii., 3.)— n ir.,„..i .T .iii.. 19.)— 23. (iii..)7.)— 24. (Trist.,ii..289.293.) •>if> CAPNIOS. been the subject of much dispute. Sosne wtitett consider it to have been upon the north, and some upon the south point of the Mons Capitohnus ; some, that it stood upon a different summit from the arx, or fortress, with the intermontium between them ; others, that it was within the arx, which is again referred by some to that side of the mount whicli overhangs the Tiber, and by others to the opposite acclivity. The reader will find the subject fully discussed in the following works : J\Iarhan.,- Urh. Rom. Topogr., ii., 1, 5.— Donat., De Urb. Rom.~ Lucio Mauro, Antichita di iJoma.— Andreas Fulvio, Ji.— Biondo, Roma Restaurat.—Na.rtlmi, Roma An- tica, v., 14. — Bunsen and Plattner, Beschreibwng TJoms.— Niebuhr, Hist. Rom., vol. i., p. 502, transl. III. Capitolium is sometimes put for the whole mount, including both summits, as well as the in termontium, which was originally called Mons Sa- turnius,' and afterward Mons Tarpeius," from the virgin Tarpeia, who was killed and buried there by the Sabines ; and, finally, Mons Capitohnus, for the reason already stated ; and, when this last term became usual, the name of Tarpeia was conlined to the immediate spot which w.is the scene of her destruction,^ viz., the rock from which criminals were cast down. This distinction, pointed out by Varro, is material ; because the epithet Tarpeian, so often applied by the poeta to Jupiter, has been brought forward as a proof that the temple stood upon the same side as the rock, whereas it only proves that it stood upon the Tarpeian or Capitoline Mount. At other times capitolium is used to desig- nate one only of the summits, and th&t one appa- rently distinct from the arx ;* which obscurity is farther increased, because, on the other hand, an is sometimes put for the whole mount,'' and at oth ers for one of the summits only.' There were three approaches from the Forum to ■the Mons Capitohnus. The first was by a flight of 100 steps (centum gradus''), v/hich led directly to the side of the Tarpeian Rock. The other two were the clivus Capitohnus and clivus Asyli," one of which entered on the north, and the other on the south side of the intermontium, the former by the side of the Carceres Tulliani, the latter from the foot of the Via Sacra, in the direction of the modern accesses on either side of the Palazzo de' Consultori ; but which of these was the clivus Capitohnus and which the clivus Asyli, will depend upon the dispu- ted situation of the arx and Temple of Jupiter Opti- mus Maximus. The epithets aurea^ and fulgens^" are illustrative of the materials with which the Temple of Jupiter 0. M. was adorned : its bronze gates," and gilt ceil- ings and tiles." The gilding of the latter alone cost 12,000 talents.'^ IV. Capitolium is also used to distinguish the chief temples in other cities besides Rome.'* CAPIT'ULUM. ( Fii CoLUMNA.) *CAP'NIOS or CAPNOS (kuotjoc or Kam>k)A plant which all the authorities agree in referring to the Fumaria officinalis, or common Fumitory. Sib- thorp is the only exception, who prefers the F.par viflora. Lam. It is the Fel terra of Scribonius Laj- gus." The juice of this plant was used, according to Pliny, in the cure of ophthalmia." It derives its name from its juice, when spread over the eyes, af- 1. (Varro, De Ling. Lat., v.. 42.)— 2. (Id., v., 41.— Dionyli, iii., p. 193; iv., p. 247.)— 3. (Vaho, 1. c.)— 4. (Dionys., I., pl 611.— Liv., i., 33 ; ii., 8.— Aul. GcU., v., 12.)— 5. (Liv., v., 40.1 — 6. (Compare Liv., ii., 49; iii., 15; v., 41. — Flor., iii., 21.- Virg., Mil., viii., 652.— Serv., ad Virg., 1. c.)— 7. (Tacit., Hist, iii., 71.)— 8. (Tacit., L c )— 9. (Virg., JEn., viii., 348.) — 10 (Ilor., Carm., HI., iii., 43.)— II. (Liv., x., 23.)— 12. (P)in.,H N., xxxiii., 18.)— 13. (Pint., Poplic, p. 104.)— 14, (SiLItal.,ii. 267.— Plant., Cure, II., ii., 19.— Suet., Tiber., 40.)— 15. (A' ams. Append., s. V.) — 16. (H. N., xxv.. 13.) taPROS. CAPULUS. •ecting them like smoke (xaTrvof). Its flower is pui-ple. The modern Greeks call this plant Kuirvo and nairvoyopTo. Sibthorp found it growing very- abundantly in cultivated places.' *CAPP'ARIS (fcdwTropic), a plant which Sprengel, Stackhouse, and Schneider agree in referring to the Capparis Spinosa, L., or Thorny Caper-bush. Sib- thorp, however, is in favour of a variety of the C. Spinosa, to which he gives the name of Capparis mat a.' Dioscorides mentions several kinds from different countries, all differing in their qualities. The best came from Caria, the next in the order of merit from Phrygia.' ♦CAPRA, the she-Goat, the aif of the Greeks. (Yid. Caper.) *CAP'REA, a wild she-Goat, or, rather, a species of wild goat generally. Pliny* speaks of it as being possessed of a very keen sight, which may, perhaps, identify it with the Dorcas, or Gazelle. Cuvier, however, makes Pliny's Caprea the same with the Ccrvus Caprcolus, L., or Roebuck. (Fid. Doeoas.') *CAPRIFICATIO, the process of oaprification, or a ripening of figs on the domestic tree by means of insects found on the wild fig. ' The process is described briefly by Eustathius," and more at large by Pliny.' The former, speaking of the wild fig- trees, says that what are called ipijvec (" little gnats") pass from them into the fruit of the domestic fig, and strengthen it to such a degree as to prevent its falhng off from the tree. The latter remarks that the wild fig-tree engenders small gnats {culi- ces), which, when the natal tree decays, and fails to afford them nutriment, betake themselves to the domestic tree, and, penetrating by their bites into the fruit of this, introduce, along with themselves, the heat of the sun, which causes the fruit into which they have entered to ripen. These insects consume, also, the milky humour in the young fruit, the presence of which would make them ripen more slowly. The process of oaprification, as given by modern authorities, is as follows : " The operation is rendered necessary by the two following facts, nairiely, that the cultivated fig bears, for the most part, female flowers only, while the male flowers are abundant upon the wild fig-tree ; and, secondly, that the flower of the fig is upon the inside of the receptacle vi-hich constitutes the fruit. It is hence found necessary to surround the plantations and gardens containing the figs with branches and limbs bearing male flowers from the wild fig-tree, thus preparing the way for the fertilizing the female flowers in the garden : and from these wild flow- ers the fertilizing pollen is borne to the other figs upon the winais and legs of small insects which are found to inhabit the fruit of the wild fig.'" ♦CAPRIFI'CUS {kpivsog, Ipwog), the wild fig-tree, the Ficus Carica, L. ( Vid. Svce, and Capeificatio.) *CAPRIMULGIJS. {Vid. Aigothelas.) *C APROS iKuirpoc), I. the wild Boar, called by the Romans ylper. (Ftd. Sus.) The flesh of this ani- mal was highly esteemed by that people, and it was customary to serve up whole ones at table. Hence the boar was termed cana caput, or, as we would Bay, the " head dish ;" hence, also, the language of Juvenal in speaking of the wild boar, " animal prop- ter convivia natum," " an animal born for the sake of banquets.'" *II. A species of fish, the Zeus Aper of LinnjEus, called in Italian Riondo, and in French Sauglier. It is a small yellowish fish. Inhabiting the Mediter- ranean, and is the same with the pena pusilla at Brunnich.' CAPSA {dzm. CAPSULA), or SCRINIUM, was the box for holding books among the Romans. These boxes were usually made of beech-wood,' and were of a cylindrical form. There is no doubt respecting their form, since they are often placed by the side of statues dressed in the toga. The following woodcut, which represents an open uapsa with six rolls of books in it, is from a painting at Pompeii. There does not appear to have been any dlltei- ence between the capsa and 'the scrinium, except that the latter word was usually applied to those boxes which held a considerable number of rolls {scrinia da magnis^). Boxes used for preserving other things besides books were also called capsse,* while in the scrinia nothing appears to have been kept but books, letters, and other writings. The slaves who had the charge of these book- chests were called capsarii, and also custodes serin- , iorum ; and the slaves who carried, in a capsa be- hind their young masters, the books, &c., of the soia, of respectable Romans, when they went to school, were also called capsarii (Quern sequitur custct angustce vernula capsa^). We accordingly find them mentioned together with the paedagogi (con Stat quosdam cum ptzdagogis et capsariis uno prandia neeatos'). When the capsa contained books of importance, it was sealed or kept under lock and key ; ' whence Horace' says to his work, " Odisti claves, et grata sigilla pudico."' CAPSA'RII, the name of three different classes of slaves : 1. Of those who took care of the clothes of per- sons while bathing in the public baths. (Vid. Baths, p. 147.) In later times they were subject to the ju- risdiction of the pra;fectus vigilum.'" 2. Of those who had the care of the capsae, in which books and letters were kept. (Fid. Capsa.) 3. Of those whG carried the books, &c., of boys to school. (Vid. Capsa.) CAP'SULA. (Vid. Capsa.) CA'PULUS (Ka-KTi, Tiadij), the hilt of a sword. This was commonly made of wood or horn, but sometimes of ivory" or of silver,'" which was either embossed'^ or adorned with gems (capulis radianti- hus enses).^* Philostratus" describes the hilt of a Persian acinaces, which was made of gold set with beryls, so as to resemble a branch with its budsi These valuable swords descended from father to son." When Theseus for the first time appears at Athens before his father jEgeus, he is known by the carving upon the ivory hilt of his sword, and if 1. (BiUerbeck, Flora Classioa, p. 178.)— 2. (Diosoor., ii., 94. — Theophrast., H. P., i., 3.—JEtias, i., 184.— Adams, Append., I. T.)— 3. 'BiUerbeck, Flora Classioa, p. 136.)— 4. (H. N., xi., S7.)— 5. (Griffith's Cuvier, vol. v., p. 314.)— 6. (Comment, in 0., vi., 433.)— 7. (H. N., xv., 19.)— 8. (Encyolopsdia Americana, "ol. v., p. 115.)— 9. (Sat., i., 141.) 1. (Aristot., II. A., ii., 13. — Adams, Append., s. t.) — 2. (H N., xvi., 84.)— 3. (Mart., i., 3.)— 4. (Plin., II. N., xv., 18, ^ 4.— Mart., xi., 8.)— 5. (Juv., Sat., x., 117.)— 6. (Snet., Ner., 36.)— 7. (Mart., i., 67.)— 8. (Epist., I, xx., 3.)— 9. (Becker, Callus, i, 191;— BSttiffer, Sabina, i., 102.)— 10. (Dig. 1, tit. 15, s. 3.)^11 (Spartiau., Hadr., 10, lAfsiavroKwirof.) — 12. {tipyvpfri' Kltiirm ^ Horn., XI;, i., 219.)— 13. (Plin., H,N.,xxxiii., 12.)— 14. (ClanS Do Laud. Sti!., ii , 88.)— 15. (Imag., ii , 9.)— 16. (Claud., 1. oj 211 CAPUT CARACALLA. thus sa«ed from being poisoned by the aconite which Medea has administered.' The handles of knives were made of the same materials, and also of amber.' Of the beautiful and elaborate workmanship sometimes bestowed on knife-handles, a judgment may be formed from the three specimens here introduced ' The term capulus is likewise applied to the han- dle of a plough by Ovid, as quoted in Abatrdm, p. 80. CAPUT, the head. The term " head" is often used by the Roman writers as equivalent to " per- son" or "human being."* By an easy transition, it was used to signify "life :" thus, capiie danmari, plecli, &c., are equivalent to capital punishment. Caput is also used to express a man's status, or civil condition ; and the persons who were regis- tered in the tables of the censor are spoken of as capita, sometimes with the addition of the word civium, and sometimes not.* Thus to be registered in the census was the same thing as caput habere : and a slave and a filius faniilias, in this sense of the word, were said to have no caput. The sixth class of Servius Tuilius comprised the proletarii and the capite censi, of whom the latter, having little or no property, were barely rated as so many head of citi- zens.' He who lost or changed his status was said to be capite minutus, deminutus, or capitis minor.''- The phrase se capite deminuere was also applicable in case of a voluntary change of status.' Capitis minutio is defined by Gaius" to be status -pcrmutatio. A Roman citizen possessed libertas, civitas, and familia : the loss of all three, or of lib- ertas and civitas (for civitas included familia), con- stituted the maxima capitis deminutio. This capi- tis derainutio was sustained by those who refused to be registered at the census, or neglected the re- gistration, and were thence called incensi. The in- census was liable to be sold, and so to lose his lib- erty ; but this being a matter which concerned citi- zenship and freedom, such penalty could not be in- flicted directly, and the object was only effected by the fiction of the citizen having himself abjured his freedom. {Vid. Banishment, p. 136.) Those who refused to perform military service might also be ■old." A Roman citizen who was taken prisoner by the enemy lost his civil rights, together with his Kberty, but he might recover them on returning to his country. (Vid. Postliminium.) Persons con- 1. (Orid, Met., tii., 423.)— 2. (tj o5 Kai XaSai fiaxalpai; yi- voutm: Euslalh. :nD;nuvs., 293.)— 3. (Montfaucon, Antiq. Ex- pliquSe, iii., 122, pi. 61.)— 4. (Cais., Bell. Gall , iv., 15.)— 5. (Liv.. iii., 24 ; x., 47.)— 6. (Gell., xvJ., 10.— Cic, De Repub.,ii., 22.)— 7. (llor., Carm., III., v., 42.)— 8. (Cic, Top., c. 4.)^9. (D;g 4, lit. 5, ! 1.)— 10. (Cic, Pro CiEcina, 34.— Ulp., Fra"-m., xi,ll.) 212 demned to ignominious punishments, as to Hie mines, sustained the maxima capitis deminutio. A free woman who cohabited with a slave, after no- tice given to her by the owner of the slave, becamn an anoilla, by a senatus consultum passed in the time of Claudius.' The loss of civitas only, as when a man was in terdicted from fire and water, was the media aapitis deminutio. (Yid. Banishment.) The change of familia by adoption, and by the in manum conventio, was the mifiima capitis deminu- tio. A father who was adrogated suffered the mini- ma capitis deminutio, for he and his children were transferred into the power of the adoptive father A son who was emancipated by his father also sus- tained the minima capitis deminutio ; the cause uf which could not be the circumstance of his being freed from the patria potestas, for that made the son a liberum caput ; but the cause was, or was considered to be, the form of sale by which the emancipation was effected. A judicium capitale, or poena capitalis, was ons which affected a citizen's caput. CAPUT. (Vid. Interest of Money.) CAPUT EXTORUM. The Roman soothsayers (haruspices) pretended to a knowledge of coming events from the inspection of the entrails of vic- tims slain for that purpose. The part to which they especially directed their attention was the liv- er, the convex upper portion of which seems to have been called the caput extorum.' Any disease or deficiency in this organ was considered an unfa- vourable omen ; whereas, if healthy and perfect, it was behoved to indicate good fortune. The harus pices divided it into two parts, one called /amffiaris, the other hostilis : from the former they foretold the fate of friends, from the latter that of enemies ' Thus we read* that the head of the liver was muti lated by the knife of the operator on the "familiar'' part {caput jeeinoris a familiari parte casum), which was always a bad sign. But the word "caput" here seems of doubtful application ; for it may des- ignate either the convex upper part of the liver, oi one of the prominences of the various lobes whicli form its lower and irregularly concave part. It is, however, more obvious and natural to understand by it the upper part, which is formed of two prom- inences, called the great and small, or right and leil lobes. If no caput was found, it was a bad sign {nihil tristius accidcre potuit) ; if well defined, o' double, it was a lucky omen.* *CARA, a plant. {Vid. Cauevm.) *CAR'ABUS (vcapafiof), a crustaceous animal, of which there is frequent mention in the classics. It is the Locusta of Pliny, in French langauste. There is some difficulty, remarks Adams, in determining to what species of Cancer it applies. Schneider thinks it was certainly not the Cancer homams; and he is not quite satisfied that it was the C. ele phas.' CARACA'LLA was an outer garment used in Gaul, and not unlike the Roman lacerna. {Yid. La cerna.) It was first introduced at Rome by the Emperor Aurelius Antoninus Bassianus, who com polled all the people that came to court to wear it, whence he obtained the surname of Caracalla. This garment, as worn in Gaul, does not appear tt have reached lower than the knee, but Caracalla lengthened it so as to reach the ankle. It after ward became common among the Romaic, and gar ments of this kind were called caracalla; Antoniana I. (Ulp., Frag., xi., 11.— Compare Tacit., Ann., xii., 53, ran Suet., Vesp., 11.)— 2. (Plin., H. N., xi., 37, s. 73.)— 3. (Lir. viii., 9.)— 4. (Cic, Do Div., ii., 12, 13.— I,.v.. xxvii., 26J-S (Schneider, ad Aristot., H A , iv., 3.— Adams, Append , t. T.)- 6. (Aiirel. Vict., Epit., 21) CARCER CARCHARIAS. to distinguish them from the Gallic caracallae.' It usually had a hood to it, ar.d came to be worn by the clergy. Jerome' speaks oC'palliohim mirm pul- chritaiinis in moium. caracallarum sed t.hsque cticul- lis." CARBA'TINA. (,Vid. Peeo.) ♦CARBDNCULUS (uvBpa^), the Carbuncle, a precious stone, deriving its name, both in Greelc and Latin, from its resemblance to a small ignited coal The ancients called by these two names all the red transparent gems, which have since been distinguished by the different appellations of Ruby, Garnet, &c., all of which they regarded merely as species of the Carbuncle. Theophrastus and Stra- bo enumerate the Carthaginian and Garamantian carbunculi among those most in repute. "Those carbuncles," observes Dr. Moore, "which Pliny calls Alabandic, because they were cut and polish- ed at Alabanda, were precious garnets, still called by some mineralogists Alabandines or Alamandines. What he afterward says of Alabandic carbuncles, which were darker coloured and rougher than oth- ers, may be explained by supposing that near Ala- banda both precious and common garnets were ob- tained." The term Carbunculus was also applied to a species of black marble, on account of its like- ness to a quenched coal, and out of which mirrors were sometimes made.^ CARCl '.R. Career (kerker, Ger., yopyvpa, Greek) is connect "id with ?p/tof and clpyu, the guttural be- ing intercl anged with the aspirate. Thus also Var- 10,* " Cart tr a coercendo quod prohikentur exire." Caboee (Geeek). Imprisonment was seldom used amoi g the Greeks as a legal punishment for offences ; they preferred banishment to the expense of keeping prisoners in confinement. We do, in- deed, find some cases in which it was sanctioned by law ; but these are not altogether instances of its being used as a punishment. Thus the farmers of the duties, and their bondsmen, were liable to imprisonment if the duties were not paid by a speci- fied time ; but the object of this was to prevent the escape of defaulters, and to ensure regularity of payment.' Again, persons who had been mulcted in penalties might be confined till they had paid them.' The ari/xoi also, if they exercised the rights of citizenship, were subject to the same consequen- ces.' Moreover, we r'ead of a (!£D/i6f for theft ; but this was a irpo^Ti/iri/ia, or additional penalty, the in- fliction of which was at the option of the court which tried the case ; and the dea/j.6g itself was not an imprisonment, but a pubhc exposure in the iro- ioKaKKT/, or stocks, for five days and nights — the to h ^X(j) dedioBai. We may here observe, that in most cases of theft the Athenians proceeded by " civil action ;" and if the verdict were against the defendant (el n; Idiav diKr/v (cAoir^f d^oiri), he had to pay, by way of reparation, twice the value of the stolen property: this was required by hao. The irpoaTifiri/ia was at the discretion of the court.' Still the ijdea of imprisonment per se, as a punishment, was not strange to the Athenians. Thus we find that Plato' proposes to have three prisons : one of Ihese was to be a aa^poviarripiov, or penitentiary ; «nother a place of punishment — a sort of penal set- tlement away from the city. The prisons in different countries were called by different names : thus there was the 'kvajKaZov, in BiBOtia ; the KeiiiJaf, at Sparta ; the Kepa/iof, at Cj prus ; the Kuf , at Corinth ; and, among the Ipni- 1 {Aurel. Vfct., De Cies., 21.— Spartian., Ssv., 21.— Anton., Car , 9.)— 2. There can be little doubt," observes Adams, ' that it was a sort of Cress, but the species cannot ae determined with any degree of certainty.'" CARDO {daipos, ar,i(iei(, arpofiy^, yiyylv/ioi), a hinge, a pivot. The first figure in the annexed woodcut is de- signed to show the general form of a door, as we find it with a pivot at the top and bottom (a, b) in ancient remains of stone, marble, wood, and bronze. The second figure represents a bronze hinge in the Egyptian collection of the British Museum; its pivot (i) is exactly cylindrical. Under these is drawn the threshold of a temple, or other large edi- fice, with the plan of the folding-doors. The pivots move in holes fitted to receive them (b, b), each of which is in an angle behind the antepagmentum {marmoreo ceratus stridens in limine cardo^). This rep- resentation illustrates the following account of the breaking down of doors : " Janua cvulsis funditus cardinibus proslernuntur."' When Hector forces the gate of the Grecian camp, he does it by breaking both the hinges (afi^orepovc -daipov;*), i. e., as ex- plained by the scholiasts, the pivots (aTpofiyyac) at ' the top and bottom. (Fid. Cataracta.) According to the ancient lexicons, " cardo" de- noted not only the pivot, but sometimes the socket (foramen) in which it turned. On this assumption we may vindicate the accuracy of such expressions as Posies a cardine vellit, and Emoli procumbunt car- dine posies ;° -^aLfuv i^epvaavre;.' Jfi these instan- ces, "postis" appears to have meant the upright pillar {a, b) in the frame of the door. The whole of this " post," including the pivots, appears to be called (Trpo^ci'f and " cardo" by Theophrastus and Pliny, who say that it was best made of elm, be- cause elm does not warp, and because the whole door will preserve its proper form, if this part re- mains unaltered.' To prevent the grating or creaking noise' (stri- dor,^ slrepilus^") made by opening a door, lovers and others who had an object in silence {cardine tacito") poured water into the hole in which the pivot moved." The Greeks and Romans also used hinges exactly like those now in common use. Four Roman hin- ges of bronze, preserved in the British Museum, are shown in the following woodcut. The proper Greel; name for this kind of hinge was ylyy^ivfiog : whence Aristotle" applies it to the 1. (Adams, Append., s. v.) — 2. (Ciris, 222. — Eurip., PhcEn., lW-ll(i.— Schol. ad loo,)— 3. (Apuleius, Met., i.)— 4. (II., xii., 459.)— 3. (Virg., JEa., ii., 480, 493.)— 0. (Quint., Smym., x., 388.)— 7. (Tlieophrast., II. P., v., 3, 5.— Plin., H. N., xvi., 77.) ^. (Virg-., Xn., i., 449.)— 9. (Ovid, Met., xi., 608.)— 10. (Id. ib., xiv., 782.)— II. (Tibull., I., vi., 20.— Propert., I., xvi., 25.) -'2 (Pliut., Curcul., I., iii., 1-4.) -13. (II. A., iv., 4.) joint of a bivalve shell ; and the anatomists caD those joints of the human body ginglymoid which allow motion only in one plane, such a;i the elbow joint. Of this kind of hinge, made by inserting a pin through a series of rings locking into one an- other, we have examples in helmets and cuirasses.' The form of the door above delineated makes it manifest why the principal line laid down in sur- veying land was called " cardo" {vid. Ageimenso- EEs) ;" and it farther explains the application of the same term to the North Pole, the supposed pivot on which the heavens revolved.' The lower extrem- ity of the universe was conceived to turn upon another pivot, corresponding to that at the bottom of the door ;* and the conception of these two principal points in geography and astronomy led to the application of the same term to the east and west also.' Hence our "four points of the com- pass" are called by ancient writers qualuor cardinea orbis terrarum, and the four principal winds, N., S., E., and W., are the cardinahs venli.' . The fundamental idea of the pivots which served for hinges on a door may be traced in the applica- tion of the same terms to various contrivances connected with the arts of life, more especially to the use of the tenon (cardo,' arp6(piy^) and mcitisa (foramen, fSdaic) in carpentry ;' tignum cardina- tum ;' cardines securiculali,^ i. e., dove-tailed ten- ons, called securiculali because they had the shape of an axe (securicula). We also find these terma applied to the pivot which sustained and moved the hand on the dial (orbis) of an anemoscope ■,"• to the pins at the two ends of an axle, on wb'ch it re- volves ;" and to cocks used for drawing fluids through pipes (bronze cock in the Museum at Naples"). Lastly, " cardo" is used to denote an important conjuncture or turn in human affairs,'^ and a defi- nite age or period in the life of man (lurpes extremi cardinis annos^*). ♦GARDUE'LIS, a small bird, feeding among this- tles, whence its Latin name, from carduus, " a this- tle." It appears to be the same with the AcantUs of Aristotle." (Vid. Acanthis.) *GARD'UUS, the Thistle, of which several kinds were known to the ancients. The XevKaKavdo; of Theophrastus"' (uKavBa Xsvkti of Dioscorides") is the Carduus leucographus of modern botanists : the UKavBa xa^'-i'^ia is the Carduus cyanoides, 1,. , The jtlpaiov of Diosoorides, so called because reputed to heal in varicose complaints \,iupa6s, varix), is the C. Mariqnus, or St. Mary's Thistle. The modern Greek name is Kov(j>uyKadu. Sibthorp found it in the Peloponnesus, in Cyprus, and around Constan- tinople. , It grows wild, according to Billerbeck, throughout Europe." The aKoXv/^o; is a species of 1. (Bronzes of Siris in Brit. Museum. — Xom , De Re Equestr., xij., 6.) — 2. (Fcstus, s. V. Decumanus. — Isid., Ori^., xt., 14.) — 3. (Varro, De Re Rust., i., 2.— Ovid, Ep. Ex Pom., ii., 10, 45.) —i. (Cic, De Nat. Deor., ii., 41.— Vitruv., vi., 1 ; ix., 1.)— 5. (Lucan, v., 71.) — 6. (Servius, ad '.^n., i., 85.)—'''. (JosephuS( Ant. Jud., III., vi., 3.)— 8. (Vitruv., x., 15.)— 9. ,'x., 10.)— la (Varro, De Re Rust., iii., 5.)— II. (Vitruv., x., 32.,— 12. (Schol ad Aristoph., Av., 450.)— 13. (Virg., .ffin., i., 672.)— 14. (Lu- can, vii., 381.)— 15. (H. A., ix., l.)-16. (H. P., vi., 4.) 17 (iii., 14.— Sprengel, R H. H., vol. i., p. 185.)— 18. (Flora Cla«li ca, p. 208.) zir. CAJIMENTALIA. CARNEIA. edible thistle, and, according to Sibthorp, is the same with the Scolymus Hispanicus ; Schneider, however, is in favour of the Cynara cardunculus, or Cardon Artichoke.' {Vid. Aoantha.) *CAR'EUM (Kopof), the plant called Carroway, the Carum carui, L. It took its name from the country of Caria, vfhere the best grew," and the name is, in fact, an adjective, there being an ellip- sis of cumirmm ; for the Careum is, in truth, the Cu.- minum sylvestre. Billerbeck thinks' that the Chara or Cara which the soldiers of Caesar* ate with milk, and which they also made up into bread during the scarcity of provisions which prevailed in the camp of the latter at Dyrrhachium, was no other than the root of the Careum. Cuvier,' however, with more appearance of reason, declares for a species of wild cabbage (itne espece de chau, sauvage), of which Jacquin has given a description under the title of Crambe Tartaria. The Chara of modern botanists is quite different from this, being a small aquatic herb. ♦CAREX, a species of Rush. The Carex is men- tioned by Virgil' with the epithet acuta, and Martyn' remarks of it as follows : " This plant has so little said of it, that it is hard to ascertain what species we are to understand by the name. It is called ' sharp' by Virgil, which, if it be meant of the end of the stalk, is no more than what Ovid has said of the Junms, or common Rush. It is mentioned also in another passage of Virgil,* ' tu post carecta lute- 4(U,' from which we can gather no more than that these plants grew close enough together for a per- son to conceal himself behind them. Catullus mentions the Carex together with Fern, and tells what season is best to destroy them. Since, there- fore, it is difficult to determine what the Carex is from ancient authorities, we must depend upon the account of Anguillara, who assures us that, about Padua and Vincenza, they call a sort of rush Ca- reze, which seems to be the old word Carex modern- ized. Caspar Bauhin says it is that sort of rush which he has called Junciis acutus panicula sparsa. It is, therefore, our common hard rush, which grows in pastures and by waysides in a moist soil. It is more solid, hard, and prickly at the point than our common soft rush, which seems to be what the ancients called Junciis."^ *CARIS (.Kapi(), a sea-animal of the class Crus- Ixcea. AccoWing to Adams, it is the Squilla of Cicero and Pliny,'" a term that has been retained in the Linnisan nomenclature. It is the Cancer sguil- la, L. The larger kind of Squilla, he adds, is called White Shrimp in England; the smaller, Prawn. The (capif Kvf^ of Aristotle is a variety of the Can- cer squilla, called in French Crevette. In the sys- tems of LatreUle and Fleming, the term Carides is applie 1 to a subdivision of the Crustacea. In these systems, the Prawn gets the scientific name of PaJoMwn serratus, the common Shrimp that of Orangon vulgaris."^'- C,A.RINA. (,rid. Navis.) CARMENTA'LIA. Carmenta, also called Car- Bientis, is fabled to have been the mother of Evander, who came from Pallantium in Arcadia and settled in Latium ; he was said to have brought with him a knowledge of the arts, and the Latin alphabetical characters as distinguished from the Etruscan.'" In honour of this Carmenta, who was supposed to be more than human," were celebrated the' Carmentalia,* even as early as the time of 1; (BiUerbeck, 1. c, and p. 205.)— 2. (Pliii., II. N., lix., 8.— BUlerbeck, Flora Classica, p. 29.)— 3. (F. C, p. 80.t~4. (Bell. Civ., iii.,'48.)— 5. (ad Cas., 1. c.,Lemair6'sed.)— 6; (Ueorg^., iii., J3I.)— 7. (ad Vii^., 1. c.)— 8. (Ecloj., iii., 20.)-^. (Martyn, 1. c.)— 10. (Cic, De Nat. Deor., ii., 48.— Plin., H. N., ix., 42.)— 11. (Adams, Append., s. t.)— 12. (Niebuhr, nora. Hist., i., p. 87, transl.— Tacit., Ann., xi., 14.)— 13. (Liv., i., 71.)— 14. (Var- tn. Do Linig. Lat., t.) 216 Roisulns, it we may believe the authority of PIu. tarch.' These were feriae stativae, i. e., annually held on a certain day, the 11th of January ; and an old calendar* assigns to them the four following days besides ; of this, however; there is no confi^ mation in Ovid.' A temple was erected to the same goddess at the foot of the Capitoline Hill, near the Porta Carmentalis, afterward called Seel, erata.* The name Carmenta is said to have been given to her from her prophetic character, carmens or carmentis being synonymous with vates. The word is, of course, connected with carmen, as prophecies were generally delivered in verse. Her Greek title was Bi/ng.^ Plutarch' tells us that some supposed Carmenta to be one of the Fates who presided over the birth of men : we know, moreover, that other divinities were called by the same name ; as, for instance, the Carmenta Post- verta and Carmenta Prorsa were invoked in cases of childbirth ; for farther information with respect to whom, see Aul. Cell., xvi , 6 ; Ovid, Fast., i., 634. CARNEIA (Kapvela), a great national festival, celebrated by the Spartans in honour of Apollo Car- neios, which, according to Sosibius,' was instituted Olymp. 26 , although Apollo, under the name of Carneios, was worshipped in various places of Pel. oponnesus, particularly at Amyclse, at a very early period, and even before the Dorian migration.? Wachsmuth,' referring to the passage of Athenasus above quoted, thinks that the Carneia had long be- fore been celebrated ; and that when, in Olymp. 26, Therpander gained the victory, musical con- tests were ordy added to the other solemnities ol the festival. But the words of Athensus, who is the only authority to which Wachsmuth refers, do not allow of such an interpretation, for no distinc. tion is there made between earlier and later solem- nities of the festival, and Athenseus simply says the institution of the Carneia took place Olymp. 26 {'EyiveTO de ri -diaiQ tuv Kapvciuv /tara t^ iKTipi Kat cIkobttiv ^OXviimaSa, uf XaaiiioQ fr}ai,v, hi Tu Ttepi xpovuv). The festival began on the seventh day of the month of Carneios=Metageitnion of the Athenians, and lasted for nine days.'" It was, as far as we know, a warlike festival, similar to the Attic Boedromia. During the time of its celebra- tion, nine tents were pitched near the city, in each of which nine men lived in the manner of a military camp, obeying in everything the commands of a herald. MiiUer also supposes that a boat was car- ried round, and upon it a statue of the Carneian Apollo ('ATTO^ftuv dTE/iiiaTta;), both adorned with lustratory garlands, called dUrjlov arcuaanalov, in allusion to the passage of the Dorians from Naupao tus into Peloponnesus." The priest conducting the sacrifices at the Carneia was called 'Ayi/r^f, whence the festival was sometimes designated by the name 'kyjjropia or 'AyrjTopewv ;" and from each of the Spartan tribes five men (Kapvearai) were chosen as his ministers, whose office lasted four years, du- ring which period they were not allowed to marry." Some of them bore the name of Sra^ullocSpd/ioi." Therpander was the first who gained the prize in the musical contests of the Carneia, and the musi- cians of his school were long distinguished compet- itors for the prize at this festival," and the last of this school who engaged in the contest was Periclei- das.'" When we read in Herodotus" and Thucyl- I. (Romul., c. 21.)— 2. (Grut., p. 133.)— 3. (Past., i., 467.)- 4. (Liv., ii.,49.)— 5. (Dionys., i., 31.)— 6. (1. o.)— 7. (ap. Athen., xiv., p. 635.)— 8. (MuUer's Dorians, i., 3, « 8, and ii., 8, t 15 )- 9. (Hellen. AlterthumBk., ii., 2, p. 257.)— 10. (Athcnaus, iv., p 141. — Eustath.' ad 11., xiiv., sub fin. — Plut., Symp., viii., I-)" 11. (Dorians, i., 3, (> 8, note s.)— 12. (Hesych., s. v. 'A.ytiT^a ov.)— 13. (Hesych., s. v. Kapvedrai.) — 14. (Hesych., s v.— Com pme Bekker,Anecdot., p. 205.)— 15. (MttUer, Dor., iv., 6, t3.| —16. (Plut., De Mus., 6.)— 17 (Ti.. 106 ; vii., 806.) ' CARPENTUM. KARPOU DIKE. ides' that the Spartans, during the celebration of this festival, were not allowed to taice the field against an enemy, we must remember that this re- striction was not peculiar to the Carneia, but com- mon to all the great festivals of the Greeks ; traces of it are found even in Homer.' Carneia were also celebrated at Gyrene," in The- ta,* in Gythion, Messene, Sicyon, and Sybaris.' CAR'NIFEX, the puMio executioner at Rome, who executed slaves and foreigners,' but not citi- zens, who were punished in a manner different from slaves. It was also his business to administer the torture. This office was considered so disgraceful, that he vras not allowed to reside within the city,' but lived without the Porta Metia or Esquilina,' near the place destined for the punishment of slaves,' called Sestertium under the emperors." It is thought by some writers, from a passage in Plautus," that the carnifex was anciently keeper of the prison under the triumviri capitales ; but there does not appear sufficient authority for this opinion." *C ARO'TA, the vrild Carrot, called by the Greeks 6avK0<;. {Vii. Dahcus.) CARPENTUM, a cart ; also a rectangular two- wheeled carriage, enclosed, and with an arched or sloping cover overhead. The caspentum was used to convey the Roman matrons in the public festal processions ;" and, as this was a high distinction, the privilege of riding in a carpentum on such occasions was allowed to par- ticular females by special grant of the senate. This was done on behalf of Agrippina (ru napvevrC) h Tall TravTjyvpEai xpv'^Soi}*), who availed herself of the privilege so far as even to enter the Capitol in her carpentum." A medal was struck (see wood- nities in honour of his deceased^ mother AgrippiniV her carpentum went in the procession.' This prac- tice, so similar to ours of sending carriages to a funeral, is evidently alluded to in the alto-relieva here represented, which is preserved in the British Museum. It has been taken from a sarcophagus, and exhibits a close carpentum drawn by four hor- ses. Mercury, the conductor of ghosts to Hades, appears on the front, and Castor and PoUux, with their horses, on the side panel cut) to commemorate this decree of the senate in her favour. When Claudius celebrated his triumph at Rome, he was followed by his empress Messali- na in her carpentum." This carriage contained spats for two, and some- times for three persons, besides the coachman." It was coijimonly drawn by a pair of mules {carpenlum mulare^'), but more rarely by oxen or horses, and sometimes by four horses like a quadriga. For grand occasions it was very richly adorned. Agrip- pina's carriage, as above represented, shows paint- ing or carving on the panels, and the head is sup- ported by Caryatides at the four corners. The convenience and stateliness of the carpen- tum were alsb assumed by magistrates, and by men of luxurious habits, or those who had a passion for driving." When Caligula instituted games and other solem- 1. {« , 54, and in otlxer places.)— 2. (Oa., xxi., 258, &o.)— 3. (CaUim., Hymu. in ApoU., 72, seq.)— 4. (Callim., 1. c— Pindar, Pyth., T., 99, seq.)— 5. (Pans., iii., 21, 7, and 24, 5 ; iv., 3S, 5 j ii., 10, 2 — Theocrit., v., 83.— Compare MuUer's Orehomenus, p. aP.)— 6. "(Plant., Bacch., IV., iv., 37.— Capt., V., iv., 22.)— 7. (Oic.,ProRabir., 5.)— 8. (PlaUt , Pseud., I., iii., 98.)— 9. (Plant., Cas., II., vi., 2.— Tacit., Ann., xv., 60.— Hor., Epod., y^ 99.)— JO (PluJ., Galb., 20.)— 11. (End., 111., vi., 19.)— 12. (Lipsius, Ekuib. ad Tacit., Ann., ii., 32.)— 13. (Liv., v., 25.— Isid., Ong., XX., 12.)— 14. (Dion Cass., Ix.)— 15. (Tacit., Ann., iii., 42.)--. 16. (Suet., Claud., 17.)— 17. (Liv., i., 34.)— 18. (Laraprid., He- ioo-., 4.)— 19. (Juv., Sat., viii., 146-152 ) nrlMWuin The coins of Ephesus show a carpentum, proving that it was used to add to the splendour of the pro- cessions in honour of Diana. It probably carried a statue of the goddess, or some of the symbols of her attributes and worship. Carpenta, or covered carts, were much "ised by our ancestors the Britons, and by the Gauls, the Cimbri, the AUobroges, and other northern nations." These, together with the carts of the more common form, including baggage-wagons, appear to have been comprehended under the term earn or carrn, which is the Celtic name with a Latin termination. The Gauls and Helvetii took a great multitude of thera on their military expeditions ; and, when they were encamped, arranged them in close order, so as^ to form extensive lines of circumvallation.' The agricultural writers use " carpentum" to de- note either a common cart' or a cart-load, e. g., xxiv. stercoris carpenta." *CARPE'SIUM (icapirrjGiov), an aromatic some times used in place of Cassia. Galen describes it as resembling Valerian. Some of the_ earlier com- mentators, and, as it would appear, the Arabian physicians also, supposed it Cubebs ; but this opin- ion is relmtted by Matthiolus and C. Bauhin. Dr. Hill says of it, " If the Arabians were acquainted with our Cubebs at all, it appears that, not knowing what the Carpesium and Ruscus were, they igno- rantly attributed the virtues ascribed by the Greeks to their medicines to the Cubebs.'" ♦CARPI'NUS, a species of Maple, called also the Hornbeam, or Yoke-elm. It is a tree that loves the mountains, and is described by Pliny as having its wood of a red colour and easy to cleave, and covered with a livid and rugged hark. It was called Zygia (C.vyia.) by the Greeks, because often used to make yokes (Cvya) for oxen. The scientific name is Carpinus betulus.'' KAPnOT AI'KH {napnov S'lKri), a civil action uu der the jurisdiction of the thesmothetae, might be instituted against a farmer for default in payment of rent.' It was also ac'opted to enforce a judicial award when the unsu("cessful litigant refused to sur- render the land to his opponent,' and might be used to determine the right to land," as the judgment would determine whether the plaintiff could claim rent of the defendai t. I. (Suet., Califf., 15.)— 2. (Floras, i., 18 ; iii., 2, 3, and 10.)— 3. -(Gks., Bell. GaH., i., 24, 26.)— 4. (Vejet., Mulomed , jii., Prrf.)— 5. (Pallad.. ic., 1.)— 6. (Paul. Mgm., vii., 3 —Adams, Append.,' s. t.)^7. (Plin., II. N., xvi., 15, 18, 40.— Comp.Tre Vitruv., ii., 9.)— 8. (Meier, Att. Process. 531.)— 9. (Hudf. walcker, 144.— Meier, Att Process, 750.)— 10. (Harpocrat., a. v and Oicia; &\'n.) 217 CARYJAIS. CARR'AGO, a kind of fortilication, consisting of a great number of wagons placed round an army. It was employed by barbarous nations, as, for instance, the Scythiuns," Gauls {vid. Carpen- tdm), and Goths." Carrago also signifies sometimes the baggage of an army.^ CARRU'CA was a carriage, the name of which only occurs under the emperors. It appears to have been a species of rheda (vid. Rhed.*.), whence Mar- lial, in one epigram,* usres the words as synony- mous. It had lour wheels, and was used in trav- elling. Nero is said never to have travelled with less than 1000 carruca;.^ These carriages v\rere sometimes used in Rome by persons of distinction, -ike the carpenta {vid. Garpentdm), in which case they appear to have been covered with plates of bronze, silver, and even gold, which were some- times ornamented with embossed work. Alexander Severus allowed senators at Rome to use carrucae and rhedae plated with silver ;' ana Martial' speaks of an aurea carruca which cost the value of a farm. We have no representations of carriages in ancient works of art which can be safely said to be carru- cse, but we have several delineations of carriages ornamented with plates of metal.' Carrucse were also used for carrying women, and were then, as well, perhaps, as in other oases, drawn by mules,' whence Ulpian'" speaks of mulce carrucaria. CARRUS. (Vrd. Carpentum.) CAR'YA or CARYA'TIS {Yiapva or Kapvarii;), a festival held at Caryae, in Laoonia, in honour of Artemis Caryatis." It was celebrated every year by Lacedaemonian maidens {Kapvarideg) with national dances of a vei'y lively kind," and with sol- emn hymns. CARYA'TIS {Kapvdn;), pi. CARYATIDES. From the notices and testimonies of ancient au- tiors, we may gather the following account : That Caryae was a city {cwitas) in Arcadia, near the La- conian border ; that its inhabitants joined the Per- sians ailer the battle of Thermopylae ;" that on the defeat of the Persians the aUied Greeks destroyed the town, slew the men, and led the women into captivity ; and that, as male figures representing Persians were afterward employed with an histori- cal reference instead of columns in architecture {vid. Atlantes, Pers^e), so Praxiteles and other Athenian artists employed female figures for the same purpose, intending them to express the garb, and to commemorate the disgrace of the Caryatides, or women of Caryae.'* This account is illustrated by a bas-relief with a Greek inscription, mentioning the conquest of the Caryatae, which is preserved at Naples, and copied in the following woodcut. In allusion to the uphfted arm of these marble statues, a celebrated parasite, when he was visiting in a ruinous house, observed, " Here we must dine with our left hand placed under the roof, like Ca- ryatides." {Vid. Carpentum.) The Caryatides executed by Diogenes of Athens, and placed in the Pantheon at Rome, above the sixteen columnswhich surrounded the interior, may have resembled those which are represented in a similar position in one of the paintings on the walls of the baths of Titus." It is proper to observe that Lessing, and various 1 (TreljcU. Poll., Gallien., 13.)— 2. (Amm. Marcell., I'xxi., 20. -Compare Veget., iii., 10.)— 3. (Ti-ebell. Poll., Claud., 8 — Vo- piiw,, Aurelian, 11.)— 4. (iii., 47.)— 5. (Saet., Ner, 3D.)— 6. (Lamp., Alex. Sgt'., 43.)— 7. (iii., 72.) — 8. (See Inghirami, Mo- wm. Etrusch., iii., 18, 23.— Millingen, Uned. Mon.,ii., 14.)— 9, (Dig. 34, tit. 2, s. 13.) — 10. (Pig. 21, tit. 1, s. 38, « 8.)— 11. (Hesych., s. v. ICnpiJai.)- 12. (Paus., iii., 10, « 8; iv., 16, 1) 5.— PoUux, Onom., iv., 104.)— 13. (Herod., viii., 26.— Vitruv., i., 1, 6.)— 14. (Vitruv., 1. c. — Plin., H. N., xxxvi., 45 and II.) — 15, (DeBiiT. des Bains de Titus, pi. 10. — Wolf and Buttm-inn's Mu- seum, 1 , tab. 3, fig. 5.) 218 CASTANBA. writers after him, treat the preceding aseount ai fabulous. After the subjugation of the (Jaryatae, their terri tory became part of Laconia. The fortress {xih piov^) had been consecrated to Artemis," whoss image was in the open air, and at whose annual festival (KapvuTff ioprii^) the Laconian virgins con- tinued, as before, to perform a dance of a peculiar kind, the execution of which was called Kapvan(,m. Blomfield thinks that the Caryatides in architecture were so called from these figures resembling the statue of 'Aprefuc Kapvuri^, or the Laconian virgins who celebrated their annual dance in her temple.' ♦CAR'YON {Kdpvov), the Walnut. " By itself," observes Adams, " the icupvov is undoubtedly to be generally taken for the Juglans regia, or common Walnut. I am farther disposed to agree with Stack- house in holding the Kapva EvSolkii, Xlepaiicii, and Baai^tiia as mere varieties of the same. The im- pvov TJovTiKov or Is-rrro-Kupvov, of Dioscorides am' Galen, is as certainly the Nux Avdlana, or Filbert being the fruit of the Corylus Avdlana, or Hazel nut.'" {Vid. AvELLAN.a: Nuces.) ♦CARIOPHYLL'ON {Kapv6(lmXkov), ClaveS; o the flower-buds of the Cariophyllus aromaticus (Eit genia Caryophyllata of the London Dispensary) They are first noticed by Paul of jEgina.' Symera Seth'likewise givesa short account of cloves. Then is no mention of the clove in the works of Dioscori des, Galen, Oribasius, or Aetius, but it is regularlj noticed in the Materia Medica of all the Arabian physicians." *CASIA or CASSIA {Kaaia, kocfctiV), Cassia. Moses Charras says of it, " The tree called Cassia is almost like that which bears the Cinnamon. These two barks, though borne by different trees, are boiled and dried after the same manner, and their taste and scent are almost alike" "lean see no difficulty," observes Adams, " about redog- nising it as the Laurus Cassia." Stackhouse, how- ever, prefers the Laurus gracilis, but upon what au- thority he does not explain. The Kaaala otioiyf and ^vTiOnaaia are thus explained by Alston : " The Cassia lignea of the ancients was the larger branch- es of the cinnamon-tree cut off with their bark, and sent together to the druggists ; their Cassia Jiatulu, or Syrinx, was the same cinnamon in the bark oiij, as we now have it stripped from the tree, and roll- ed up into a kind of Fisiulm, or pipes." The GrecliS then were unacquainted with o\ix Cassia fisivh, which was first introduced into medical practice by the Arabians.'" ' *CASSIT'EROS. (Fid. Plumbum.) *CASTA'NEA {Kaaravia, Kaaravia, or /(affT;»ilJi the Chestnut-tree, or Fagus Castanea, L. Its fiiliJ was called by the Latin writers Castanea mm,' and 1. (Steph. Bvz.)— 2. (Diana Caryatis.—Serv. in Virg., Eclog., viii., 30.)— 3. (llesych.)— 4. (Mus. Crit., vol. ii:, p. 402.-PauSi iii., 10, 8 ; iv., 16, 5.— Lucian, Do Salt.— Plutarch, Artax.)— » (Theophr., iii., 2.— Dioacor., i.,178 -Adams, Append.; p. v.)--* (vii., 3.) —7. (De Aliment.)- 8. (Adams, Append., s. v.)-jl (Theophr., H. P., ix., 4.— Dioscor, i., 12.)— 10. (ScrapioniFMi oxxii. — Adams, Append., a. v.) CASTELLUM AQU^ CASTEIXUM AQU^ »iso simply Castanea. Among the Greeks, on ilit other hand, chestnuts had various names. They are called Ajof j3d7\,avot by Theophrastus ;' Xapiia- vai SdXavoi by Dioscorides and Galen ; ?Mmfia xd- pva by Nicander ;' and xdpva simply by Xenophon," who mentions that the nation of the Mosynoeei lived entirely on them.' The Chestnut-tree is gevv erally considered to be a native of Asia, in many parts of which it is to be found in situations where it is not very likely to have been planted. Tradi- tion says that it was brought from Asia Minor, and soon spread over all the warmer parts of Europe. In the southern parts of the latter continent, chest- nuts grow so abundantly as to form a very large portion of the food of the common people, who, be- sides eating them both raw and roasted, form them into puddings, and cakes, and even bread." The name Castanea is derived by Vossius from that of the town of Castanaja in Thessaly, where this tree grew very abundantly. This etymology, however, is more than doubtful. CASSIA LEX. (Vid. Tabellaria.) CASSIS. {Vid. Galea, Rete.) CASTELLUM AQU^, a reservoir, or building constructed at the termination of an aquaeduct, when it reached the city walls,' for the purpose of form- ing a head of water, so that its measure might be taken, and thence distributed through the city in the allotted quantities. The more ancient name in use, when tlie aquaeducts were first constructed, was diuidiculum.^ The casiella were of three kinds, public, private, and domestic. I. CASTELtA PuBLicA. Tliosc which rcceived the waters from a public duct to be distributed through the city for public purposes : 1. Castra, the prsetorian camps. 2. The fountains and pools in the city {lams). 3. Munera, under which head are comprised the places where the public shows and spectacles were given, such as the circus, amphi- theatres, naumachiae, &c. 4. Opera publica, under which were comprised the baths, and ilie service of certain trades — the fullers, dyers, and tanners — vs'hich, though conducted by private individuals, were looked upon as pubhc works, being necessary to the comforts and wants of the whole community. 5. Nomine Casaris, which were certain irregular distributions for particular places, made by order of the emperors. 6. Beneficia Principis, extraordinary grants to private individuals by favour of the sover- eign. Compare Frontinus, ^ 3, 78, in which the respective quantities distributed under each of these denominations are enumerated. II. Castella Peivata. When a number of in- dividuals, living in the same neighbourhood, had obtained a grant of water, they clubbed together and built a castelbim,^ into which the whole quan- tity allotted to them collectively was transmitted from the caslellum. publicum. These were termed privata, though they belonged to the public, and were under the tare of the curatores aguarum. Their object was to facilitate the distribution of the proper quantity to each person, and to avoid punc- tuiifig the main pipe in too many places ;' for when a supply of water from the aquaeducts was first granted for private uses, each person obtained his quantum l)y inserting a branch pipe, as we do, into the main ; which was probably the custom in the age of Vilruvius, as he makes no menti(m of private reservoirs. Indeed, in early times,'" all the water brougb.t to Rome by the aqua;ducts was applied to 1. (If ^P., iii., 8.)— 2. (Ap. Athen., ii., 43.)— 3. (Anal) , v , 4, 18.) —4. (Adams. Append., s. V.)— 5. (Library of Ent. Knowl- ed"e, vol. ii., pt. 1, p. 92.)— 6. (Vitruv., viii., 7.)— 7. (Festu-j, o. r'— 8. Senatus cimsult. . ap. Frontio U06.)— 0. (Fionlin., i 27.)- 10 (Front., 4 94.) pubik, purposes exclusively, it being forbidden t« the citizens to divert any portion of it to their own use, except such as escaped by flavi's in the ducts or pipes, which was termed agua cadicca.'- But as even this permission opened a door for great abuses from the fraudulent conduct of the aquarii, who damaged the ducts for the purpose of selling the aqua caduca, a remedy was sought by the institution of castella privata, and the public were henceforward forbidden to collect the aqua caduca, unless permis- sion was given by special favour (beneficium) of the emperor." The right of water {jus aqua impclrata) did not follow the heir or purchaser of the property, but was renewed by grant upon every i.hange in the possession.^ III. Castella Domestioa, leaden cistei ns, which each person had at his own house to receive the water laid on from tiie castellum privatum. These were, of course, private property. The number of public and private castella in Rome at the time of Nerva was 247.* All the water which entered the castellum was measured, at its ingress and egress, by the size of the tube through which it passed. The former was called modulus acceptorius, the latter erogatorius. To distribute the water was termed erogare ; the distribution, erogatio ; the size of the tube, fistula- rum, or modulorum capacitas, or lumen. The small- er pipes, which led from the main to the houses of private persons, were called puncla ; those inserted by fraud into the duct itself, or into the maui after it had left the castellum, fistula: illicila. The erogatio was regulated by a tube called ic1,x, of the diameter required, attached to the extremity of each pipe where it entered the captellum ; it was probably of lead in the time of Vitruvius, suih only being mentioned by him ; but was made of bronze {aneus) when Frontinus wrote, in order to check the roguery of the aquarii, who were able ta increase or diminish the flow of water ftina the reservoir by compressing or extending the ^eou. Pipes which did not require any calix were termed solula. The subjoined plans and elevation repiesent a ruin still remaining at Rome, commonly called the " Trophies of Marius," which is generally consid- ered to have been the castellum of an aquasduct, It is now much dilapidated, but was sufficiently en- tire about the middle of the sixteenth cer.tury, as may be seen by the drawing published by Garnucci,' from which this restoration is made. The trophies, then remaining in their places, fiom which the monument derives its modern appellation, are now placed on the Capitol. The ground-plans are given 1. (Front., 4 94.)— 3. (Front., 6 111.)— 3. (Front., H07 )—4 (Front., 1) 'e.)—i. (Antichiti di Eoma. m., p. 100.) 819 CASTRA. ftotn ail excavation made some years since by the students of the French Academy ; they explain part of the internal construction, and show the ar- tangement adopted for disposing of the superfluous water of an aquseduct,' and how works of this na^ lure were made to contribute to the embellishment and comforts of the city. The general stream of water is first divided by the round projecting but- tress into two courses, which subdivide themselves into five minor streams, and finally fall into a res- ervoir in the manner directed by Vitruvius," " m- missarium ad recipiendum aquam castcllo conjunc- tum." Thus the structure affords also an example of that class of fountains designated by the Ro- mans emissaria. *CASTOR {KuaTup), the Beaver, or Castor Fiber. It is also called kvuv Trora/zjof. The Kuaropog opx^Ci or Kaaropiov, is Castor, but this substance is not the testicles of the animal, as was generally sup- posed by the ancients, but a peculiar gland, placed in the groin of the beaver of both sexes. The an- cients had a story prevalent among them, that the Beaver, when closely pursued, bit off its testicles, and, leaving these to the hunters, managed in this way to escape.^ *CASTOR'EUM. (Vid. Castor.) CASTRA. The system of encampment among the Romans, during the later ages of the Republic, was one of singular regularity and order ; but any attempt to trace accurately the steps by which it reached this excellence, would be an unprofitable task, in which we shall not engage. We may, how- ever, observe, that in the earlier wars of Rome with the neighbouring petty states, the want of a regular camp would seldom be felt, and that the later form of encampment, which was based upon the consti- tution of the legion, would not have been applicable to the Roman army under the kings and in the first ages of the Republic, when it was arranged as a phalanx. We read, indeed, o{ stativa castra, or sta- tionary camps, in the wars with the .*;qui and Vol- .sci, and of winter-quarters being constructed for the first tinif at the siege of Veil (B.C. 404-395*j, and it is not improbable that the great Samnite war (B.C. 343-290) led to some regular system of en- campment. This was followed by the campaigns against Pyrrhus (B.C. 380-275), whose superior tactics and arrangement of his forces were not like- ly to be lost upon the Romans. The epoch of the first Punic war (B.C. 264^241), in which Rome had to contend against various mercenary forces, was succeed d by the long struggle against the Cisal- pine Ga 's, and in both these contests the Romans found am )le opportunities for improving themselves in the art if war. The second Punic war followed (B.C. 218 201), in which Hannibal was their ad- versary ai i teacher. After its conclusion, their military opjrations were no longer confined to Italy, but directe 1 against more distant enemies, the Ma- cedonian a :.d Syrian kings (B.C. 200-193). These, of course, i aquired a longer absence from home, and often expos 3d them to enemies of superior forces, so that it b( came necessary to protect themselves, doth in the field and in the camp, by superiority in discipline and skill. Shortly after these times flour- ished Polybius, the historian of Megalopohs (a friend and companion of Scipio Africanus the younger), who expresses his admiration of the Roman system of encampment, and tells his readers that it is well worthy of their attention and study." His descrip- tion of the Roman camp of his day is remarkably clear ; we proceed to give it with the accompany- ing plan. l.(CorapaToPlin.,H. N., xxxvi.,24, 3.)— 2. (viii., 7.)— 3. (Ar- IBtot., I£. A., vili., 7 ^— Adams, Append., s. v. kuwv Trora'uioc.) — 1. (Liv., iii., a ; v., 2.)— 5. (Hist., vi., 24, od. Gron.) 220 CASTRA. A, prffitorium. B, tents of the tribunes, C, tents of the prEefecti sociorum. D, street 100 feet wide B, F, G, and H, streets 50- feet wide. L, select foot and volunteers. K, select horse and volun- teers. M, extraordinary horse of the allies N, extraordinary foot of the aUies. 0, reserved for occasional auxiharies. Q, the street called Quin. '.ana, 50 feet wide. V., P., Via Principalis, 100 feet wide. N.B. The position assigned to the prsfecti soci^ orum is doubtful. The duty of selecting a proper situat-cm for the camp (castra mctari) devolved upon one of the trib- unes am' a number of centurions who were spoci- ally appointed for that purpose, and sent in advance whenever the army was about to encamp; they were called metatores, from their office. After fis- ing on a proper locality, they then chose and dis' tinguished with a white flag a place for the praetori- um (A) or general's tent — prsetor being the old name of the consul.' This was fixed, if possible, on an elevation, so as to secure an extensive pros pect, and afford every convenience for giving orders. About it was measured out a square, each side of which was 100 feet distant from the white flag, and therefore 200 feet in length, so that the whole aiea amounted to four plethra, or 40,000 square feet. (Vid. Arura.) The two legions of the consular army were arranged on that side of the prBBtoriura which commanded the best supply of forage and water, and which we may call the front, in the following manner : Fifty feet distant from the line- of the front side of the square just mentioned, and parallel to it, were arranged the tents (B) of the twelve tribunes of the two legions. The intermediate space of fifty feet in breadth was appropriated to their horses and baggage ; and their tents were arranged at such in- tervals one from the other as to cover the line of the legions whose encampment they faced. On tlw right and left of, and in the same line with the tents of the tribunes, seem to have been placed those of the preefecti sociorum (C), covering and fronting the flank of the allies, as the former did that of the legions. The spaces lying immediately behind the tents of the tribunes, to the right and left of the praetorium, were occupied by the forum and quss- torium ; the former a sort of market-place, the lat- ter appropriated to the quaestor and the camp stores under his superintendence. On the sides of, and facing the forum and quiestn- rium, were stationed select bodies of horse (K), taken from the extraordinaries (sTziXeKToi riiv am- 7i.sis.Tuv,) with mounted volunteers, who served out of respect to the consul, and were stationed near him, not only in the camp, but also on the hne of march and elsewhere, so that they were always ready to do any service for him as well as the quaestor. Behind, and parallel to these, but facing the sides of the camp, were posted similar bodies of foot-sol- diers (L). Again, parallel with the line of the tribunes' tents, and stretching behind the praetoriunii the quaestorium, and the forum, ran a street or via (D), 100 feet broad, from one side of the camp to the other. Along the upper side of this street was ranged the main body of the " extraordinary" horse (M), parallel to and fronting the line of the tribunes' tents : they were separated into two equal parts by a street fifty feet broad (E), perpendicular to their front, and leading from the preetorium to the higher or back gate of the camp, the Porta Decumana. -A' .the back of this body of cavalry was posted a simi- lar body of infantry (N), selected from the allieSi and facing the oppo site way, i. «., towards the ram- 1 (Niebuhr, Hist. Rom., i . 520, timuiJ ) CASTRA CASTRA. PORTA PR^TORIX TRENCH AND ^ Left Wing of llie Allies. 2ti Ronmn Legion. Ist Roman Legion. Right Wing of (he Allies. Foot Howe 50 Foot Horsti Has- tali Prii)- cipes — 1 Horse Hone 1 r- Prin cipen Has tali Hone Fool Has- tati Prin cipea G 3 Horse Hotse s h Prin- clpes H»jr tati H Hone Foot C B ' aaaaaa aaanaa '^^ B C DDD nna n n o n a □ L K QuaeeloriuiD K L PORTA riCDHAPIA. ;' part-, o'' Jiie camp. The vacant spaces (0) on each ■ side cJi.ii.io troops were reserved for " foreigners" ' (a/lXofu.loi) b.nd occasional auxiliaries. ' The upper part of the camp, vyhich we have just described, formed about a third of the "whole, the i ' remaining two thirds being appropriated to the main body of the forces, both legionary and allied, ' whose arrangemciit we now proceed to explain. The lower part of the camp was divided from the ' upper by a street, called the Via Principalis (V. P.), ' 100 feet broad, running parallel, to and in front of ■ the tribunes' tents : this was cut at right angles by ' another road (F), 50 feet broad, parallel to the Irngth ' of the camp, and dividing the lower part into two ■ equal spaces. On each side of this street (F) were ■ ranged the horse of the two legions, the ten turmae • of each being on different sides, and facing each other : the turma consisted of 30 men, and occu- 1 pied a square whose side was 100 feet long. At I the back of these turmae, and facing the contrary way, namely, towards the sides of the camp, stood ■ the triarii, each maniple corresponding to a turma, and occupying a rectangle 100 feet in length by 50 in 'vvidth. These dimensions would, of course, vary according to the component parts of the legion. Opposite to the two lines of triarii, but separated from them by a wide street (G), also 50 feet wiile, stood the principes ; they were double the triarii in number, and had a square, whose side was 100 feet, appropriated to each maniple. Behind these again, and in close contact with them, stood the ten mani- ples of the hastati, with their backs turned the op- posite way, having the same space for each maniple as the principes As the whole legion was divi- ded into thirty maniples of foot, ten of each class, the whole arrangement was therefore perfect)> symmetrical, the fifty-feet roads of which we have spoken commencing from the Via Principalis, and terminating in the open space by the ramparts. The whole legionary army thus formed a square, on each side of which were encamped the allies at a distance of 50 feet from the hastati, and present- ing a front parallel to theirs. The allied infantry was equal in number to that of the legions, the cav- alry twice as great : a portion of each {a third par* of the latter and about a fifth of the former) vrat posted as " extraordinaries" in the upper part of the camp ; so that, to make the line of the allies coter- minous with that of the legion, it was necessary to give the former a greater depth of encampment. The cavalry of the allies faced the hastati, and the infantry at their back fronted the ramparts. The several front lines of the legionaries and allies were bisected by a road parallel to the Via Principalis, and called the Quintana (Q), from its dividing the ten maniples into two sets of five each : it wa.? 50 feet in breadth. Between the ramparts and tlie tents was left a vacant space of 300 feet on every side, which was useful for many purposes : thus it served for the re- ception of any booty that was taken, and facilitated the entrance and exit of the army. Besides this, it was a security against firebrands or missiles that might be thrown into the camp, as it placed thp tents and the soldiers out of their reach. From the description we have given, the reader will perceive that the camp was a square in form, divided into two parts by the Via Principalis, the 331 OASTRA. lower portion being cut lengthways by five streets, and crossways by one : so that, as Polybius re- marks, the whole was not unlike a city, with rows 3f houses on each side of the streets. The arrangements we have explained were adapt- ed for a regular consular army ; but in case there was a greater number than usual of allies, they had assigned to them either the empty space about the praetorium, increased by uniting the forum and qua3storium, or an additional row of tents on the sides of the Roman legions, according as they were fresh comers, or had been in the camp from its first formation. 1 f four legions or two consular armies were united and enclosed by the same ramparts, their two camps then formed an oblong rectangle, the back of each single camp being turned to the other, and joined at the parts where the " extraor- dinaries" were posted, so that the whole perimeter was three halves of, and the length twice that of, the single camp. The camp had four gates, one at the top and bottom, and one at each of the sides ; the top or back gate (ab tergo, or maxime aversa ab hoste^) was called the Decuman ; the bottom or the front gate was the Praetorian ; the gates of the sides were the Porta Principalis Dextra and the Porta Principalis Sinistra. The whole camp was surrounded by a trench {fossa), generally nine feet deep and twelve broad, and a rampart {vallum) made of the earth that was thrown up {agger), with stakes {valli) fixed at the top of it. The labour of this work was so divided that the allies completed the two sides of the camp along which they were stationed, and the two Roman legions the rest ; the centurions and tribunes superintended the work performed by the Romans, the prcefects of the allies seem to have done the same for them. Wc will now speak of the discipline of the camp. After choosing the ground {loca capere), the proper officers marked, by flags and other signals, the principal points and quarters ; so that, as Polybius observes, the soldiers, on arriving at the place, pro- ceeded to their respective stations like troops en- tering a well-known city, and passing through the streets to their several quarters. The tribunes then met, and administered to all, freemen as well as slaves, an oath to the effect " that they would steal nothing from the camp, and bring whatever they might find to the tribunes." After this, two mani- ples were chosen from the prinoipes and hastati of each legion, to keep clean and in good order the Via Principalis, a place of general resort. The re- maining eighteen maniples of the principes and has- tati were assigned by lot, three to each of the six tribunes, and had to perform for them certain du- ties, such as raising their tents, levelling and paving the ground about them, and fencing in their bag- gage when necessary. These three maniples also supplied two regular guards of four men each, part of whom were posted in front of the tribunes' tents, part at the back by the horses. The triarii and velites were exempt from this duty ; but each mani- ple of the former had to supply a guard of men to the turma of horse that was at their back ; their chief duty was to look after the horses, though they alsi I attended to other things. Moreover, each of the thirty maniples of foot kept guard in turn about the consul, both as a protection and a guard of hon- our. The general arrangements of the camp were under the direction of two of the tribunes, who were appointed by lot from each legion, and acted for two months. The prasfects of the allies took their turn of authority in the same way, but, in all probability, over their own troops only. 222 1. (Veget., i., 23.) CASTRA. We may now observe, that every morning ^i daybreak the centurions and horsemen presented themselves to the tribunes. The latter then went to the consul and rtceived his orders, which were conveyed through the former to the soldiers. Tli« watchword for the night, marked on a four-corner- ed piece of wood, and therefore called tessera, was given out in the following way : A soldier in every tenth maniple, posted farthest off from the tribune's tent, was exempted from guard duty, and piesenteaicTvs), a portcullis, so called, because it fell with great force and a loud noise. According to Vegetius,* it was an additional de- fence, suspended by iron rings and ropes before the gates of a city, in such a manner that, when the enemy had come up to the gates, the portcullis might be let down so as to shut them in, and to en- able the besieged to assail them from above. In ' fi accompanying plan of the principal entrance to I'ompeii, there are two sideways for foot-passengers, and a road between them, fourteen feet wide, for caiTiages. The gates were placed at A, A. turning on pivots {vid. Cardo), as is proved by the holes m '/he pavement, which still remain. This end of the road was nearest to the town ; in the opposite di- rection, the road led into the country. The port- ■jllis was at B, B, and was made to slide in grooves teiculus, ii., 82.) CATOBLEPAj? tie or oval, the separate link is often shaped like the figure 8, or is a bar with a circle at each end, or as- sumes other forms, some of wiiicli are here shown. The links are also found so closely entwined, that the chain resembles platted wire or thread, like the gold chains now manufactured at Venice. This is represented in the lowest figure of the woodcut. These valuable chains were sometimes given as rewards to the soldiers ;' but they were commonly worn by ladies, either on the neck {vepl rov Tpaxv- Mv uXvawv^), or round the waist ;' and were used to suspend pearls, oi jewels set in gold, keys, lock- ets, and other trinkets. CATERVA'RII. (Vid. Gladiatores.) CA'THEDllA, a seat ; hut the term was more particularly applied to the soft seats used by women, whereas sella signified a seat common to both sex- es (inter femineas cathedras*). The cathedrae were, no doubt, of various forms and sizes ; but they usu- ally appear to have had backs to them, as is the ease in the one represented in the annexed wood- cut, which is taken from Sir William Hamilton's work on Greek vases. On the cathedra is seated a bride, who is being fanned by a female slavp with a fan rnaile of peacock's featlicis. Women were also accustomed to be carried itoroatf in these cathedras instead of in lecticae, which practice was sometimes adopted by efFemi- Itate persons of the other sex (sexta cervice feratur calhedri?). The word cathedra was also applied to tha chair or pulpit from which lectures were read.* ♦GATO'BLEPAS {KaTu6Uirag or to kutu PU- irorl a v'A animal dwelling in ilthiopia, near the sources o'' the Nile. Pliny' describes it as of mod- erate size in every respect except the head, which s so heavy that the sreature bears it with difficul- ty. Hence it holds the head always towards the ground ; and from the circumstance of its thus al- ways looking downward, it gets the name of Cato- blepas (Kiiru, " downward," and /SXe'ttu, " to look"). It is well for the human race, it seems, that the an- imal has this downcast look, since otherwise it 1. (Liy., xxxiv , 31.)— 2. (Menander, p. 92, ed. Mein.)— 3. iPlm., II. N., xxxiii , 1?.)— 4. (Mart., iii., 63 ; iv., 79.— Hot, Sat., I., X., 91 — Propcrt., IV., v., 37.)— 5. (Juv., Sat., i.,'65.— Compare ix, 51.) — ''. (Juv., Sat., vii., 203.— Mart., i., 77.-^ Compare, on thi-s -/' - i subject, Bdttigcr, Sabina, i., p. 35. — 6 •.).Fffer, De Re V* '..■' , ii., 4.— Ruperti, ad Juv., i., 05.) — 7. (H. .' i\-\ 21.) OAUCALliS. would annihilate them all ; for no one, says PIiot can catch its eye without expiring on the sr-Ot /Elian' makes the Catoblepas resemble a bull, bul with a more fierce and terrible aspect. Its eyes, according to him, are red with blood, but are small- er than those of an ox, and surmounted by largo and elevated eyebrows. Its mane rises on the summit of the head, descends on the forehead, and covers the face, giving an additional terror to its aspect. It feeds, the same authority informs us, oi. deadly herbs, which render its breath so poisonous that all animals which inhale it, even men them- selves, instantly perish. Modern naturalists have formed the Genus Catoblepas, in one of the species of which they place the G-nu, an animal that may possibly have given rise to some of these marvel lous tales. Indeed, no other creature but the Griu could well give rise to so many singular ideas There is none that has an air so extraordinary, and, at the same lime, so mournful, by reason, principal- ly, of its long white eyebrows, and the hair, or, rath er, mane on its snout, a characteristic not found in any other species of Antelope." *CATOCHI'TIS (naToxlrtii Xitio^), a species of gem or stone found in Corsica, and adhering to the hand like gum. It is thought to have been either amber, or some variety of bitumen.' CAT'RINOS (/cuTpjvof) is a genuine Greek word, with an exact and distinct signification, although it is found in no lexicon, and only in two authors, viz , Mr. Charles Fellows, as quoted in Aeateum, p. 79, who gives the figure of the agricultura implement which it denoted, with the name written over the implement, from a very ancient MS. of Hesiod'a Works and Days.* It is doubtful whether the kut- f>ivo( had a Latin name ; for Pliny' describes it by a periphrasis : " Purget vomerem snbinde siimiiivt cuspidatus ratio." But his remark proves tliat it was used in Italy as well as in Greece, and coin- cides with the accompanying representation, from a very ancient bronze of an Etruscan ploughman diiving his yoke of oxen vi'Ah. the icuTptvog in his hand.= It cannot be doubted that, if the traveller were to visit the remote valleys of Greece and Asia Minor and take time to study the language and habits ol the people, he would find many other curious and instructive remains of classical antiquity, which are preserved in no other way. »CATUS. {Vid. Fems.) *CAU'CALIS, a species of plant mentioned by Dl oscorides, Galen, and others. The account which they give of it answers very well to the characters of the Caucalis; L., or Hedge Parsley. Sprengel accordingly refers it to the Caucalis maritima, ham. Sibthorp, however, prefers the Tordylium officinale,^ an opinion in which Billerbeck appears to coincide. ' 1. (N. A,, vii., 5.)— 2. (Griflitli's Cuvier, vol. iv., p. 366.— t. Cijvier, ad Plin., 1 c )— 3. (Plin., H. N.,-xxxvii., 10.— Mnorc'll Ano. Mineral., p. 182./— 4. (Palaiogr. Gr., p. 9.)— 5. (II. N , xviii.. 1'}, 2.) — 6. (Micali, Italia avantt il Dom. dei Rom., t, L.) ^•7. (Dio. Sh aM)- (.Vid- Cjil.in- TICA.) CE'LERES, according to Livy,' were three hun- dred Roman knights whom Romulus established as a body-guard ; their functions are expressly stated by Dionysius of Halicarnassus.' There can be Uttle doubt but that the celeres, or " horsemen" (like the Greek KilriTe;),^ were the patricians or burghers of Rome, the number 300 referring to the number of the patrician houses ; " for," as Niebuhr re- marks,' "since the tribunate of the celeres is said to have been a magistracy and a priestly office, it is palpably absurd to regard it as the captaincy of a body-guar J. If the kings had any such body-guard, it must assuredly have been formed out of the nu- merous clients residing on their demesnes." We know that the patrician tribes were identical with the six equestrian centuries founded by L. Tarquin- ius,' and that they were incorporated as such in the centuries.'" It is obvious, therefore, that these horsemen, as a class, were the patricians in general, BO called because they could keep horses or fought on horseback, and thus the name is identical with the later Latin term equites, and with the Greek ''n-TT^f, IniroSaiioL, iTrffcfiorai." CELLA. In its primary sense cella means a storeroom of any kind : . " Ubi quid conditum esse valebant, a celando cellam appcllarunt."" Of these there were various descriptions, which took their distinguisliing denominations from the articles they contained ; and among these the most important wore : 1. Penuaria or penaria, " ubi penus,"" where all the stores requisite for the daily use and con- sumplion of the household were kept ;" hence it is called by Plautus prompiuaria." 2. Olearia, a re- pository for oil, for the peculiar properties of which consult Vilruvius," Cato," Palladius," and Colu- mella." 3. Vinaria, a wine-store, which was situ- I. (Miirtj-n, ad Virg.,Geor§r.,ii.,443.)— 2. (i., 106.)— 3. (The- ophra.st., 1. c. — Celsius, Hierobot., i., p. 82. — Nicand., Ther., !i85.— Adams, Append., s. v.) — 4. (Theophrast., H. P., i., 3, 9 ; iii., 3, &o. — Adams, Append., s. v. — Billerbeck, Flora Classica, p. 53.)— 5. (i., 15.)— 6. (ii., p. 262, &c.)— 7. (VM. Virg., jEii., xi., 603.)— 8. (Hist. Eom., i., p. 325.)— 9. (Niebuhr, Hist. Rom., i.,p. 391, &c.)— 10. (Niebuhr, Hist. Rom., i., p. 427.)— 11. [Vid. Herod., v, 77.)— 12. (Varro, De Ling. Lat., v., 162, ed. MuUer.) —13. (Varro, 1. c.)— 14. (Suit., Octav., c. 6.)— 15. (Amph., I., i.,4.)— in, (vi.,9.)— 17 (De Re Rust., c. 13.)— 18. (i.,20.)— 19. Iiii,, SO.) ate at the top of the house.' Our expression > bring up the wine, the Latin one is bring dmen.' The Romans had no such places as wine cellars, in the notion conveyed by our term, that is, undei ground cells ; for when the wine had not sufficient body to be kept in the cella vinaria, it was put into casks or pig skins, which were buried in the ground itself.' For an account of the cella vinaria, consult Pliny,* Vitruvius,' and Columella.' The slave to whom the charge of these storet was intrusted was called cellarius,'' or promus,' or condus, " quia promit quod conditum est,"^ anil sometimes promus - condus and procurator pcni." This answers to our butler and housekeeper. Any number of small rooms clustered together like the cells of a honeycomb" were also termed cella ; hence the dormitories of slaves and menials are called cella," and cella familiarica," in distinc- tion to a bedchamber, which was cubiculum. Thus a sleeping-room at a public house is also termed cel- la.'* For the same reason, the dens in a brothel are cella.'^ Each female occupied one to herself," over which her name was inscribed ;" hence cella inscrip- ta means a brothel." Cella ostiarii," or janitoris," is the porter's lodge. In the baths, the cella caldaria, tepidaria, and frigidaria were those which contained respectively the warm, tepid, and cold bath. {Vid. Baths.) The interior of a temple, that is, the part inclu- ded within the outside shell, cnjKoc (see the lower woodcut in Ant^e), was also called cella. There was sometimes more than one cella within the same peristyle or under the same roof ; in which case they were either turned back to back, as in the Temple of Rome and Venus, built by Hadrian on the Via Sacra, the remains of which are still visi- ble, or parallel to each other, as in the Temple' of Jupiter Optimus Maximus in the Capitol. In sui;li instances, each cell took the name of the deity whose statue it contained, as Cella Jovis, Cella Ju nonis, Cella Minervie. {Vid. CAPiTOLiniM.) CELLA'RIUS. {Vid.CELLA.) *CENCHRIS {neyxpk), a species of Hawk, an- swering to the modern Kestrel, or Falco tinnuncuhs. [Vid. HiERAX.) *CENCHROS (Kiyxpoc), I- A species of Grain, the same, according to the best authorities, with Panicum mUiaccum, or Millet." — II. Called also Cenchri'nes (Kcyxpivrif), a species of Serpent, whicli some confound with the aKovriai, but which Gesnet regards as a different kind. " It is more probable, however," says Adams, " that both were mere va- rieties of the Coluber berus, or Viper. I may men- tion here, moreover, that the C. bei-us and the C. prester are the only venomous serpents which we have in Great Britain, and that many naturalists hold them to be varieties of the-same species."" ' CENOTA'PHIUM. A cenotaph (/ctvor and to- ^of) was an empty or honorary tomb, erected as a memorial of a person whose body was buried else- where, or not found for burial at all. Thus Virgil speaks of a " tumulus inanis" iii honour of Hector, " Manesque vocabat Hectoreum ad tumulum, viridi quern cespite inamm ; Et geminas, causam lacrymis, sacraverat aras."" _ I. (ComparePlin.,Epist.,ii.,17,withHor.,Carm.,III.,MViii, 7.) — 2. (Hor. ad Aniphoram, Carni., III., xxi., 7 ; " Descends, Corvmo jubente.")- 3. {Plin., H. N., itiv., 27.)— 4. (1. o.)— 5. (i.i 4, p. 25, ed. Bipont.— Id., vi., 9, p. 179.)— 6. (Colum., i., 6.)-:J, (Plaut., Capt., IV., ii., 115.— Senec, Ep., 122 )— 8. (Colttro .. xii., 3.)— 9. (Conroare Hoi-at., Carnv., I., ix., 7 ; HI., iii., 8.)-- 10. (Plaut., PseuJ., II., ii., 14.)— 11. (Virg., Georg., iv., 164 )- 12. (Cic., Phil., ii., 27.— Columella, i., 6.)— 13. (Vitruv., VI., Wi p. 182.)— 14. (Petron., c. 55 )— 15. (Pctron., c. 8.— 3m., Sat., vi., 128.)— 16. (Ibid., 122.)— 17. (Seneca, Controv., i., 2.)-l« (Mart., xi., 45, 1.)— 19. (Vitruv., vi., 10.— Petron., c. 29.)-*) (Suet., Vitell., c. 16.)— 21. (Theophrast., viii., 9.— Dioscor., ii., 119.)— 22. (Adams, Appemd s. v.)— 23. {JEd., iii., 303.- Pom pare Thucyd., ii,, 34.) OENSORES CENSUS uenCitapIiia were considered as reUginsa, and tlierefore divmi juris, till a rescript of the emperors Antoninus and Verus, the divi fratres, pronounced them not to be so.' CENSO'RES, two magistrates of high rank in the Roman Republic. Tliey were first created B.C. 442, and were a remarkable feature in the constitu- tion then established. They were elected by the curia; and confirmed by the centuries ; and thus were not merely elected frota, but also by the pa- tricians. At first they held their oflSoe for five years ; but Mamercus .^milius, the dictator, passed a law in B.C. 433, by which the duration of the office was limi.ed to 18 months, the election still taking place, aij before, at intervals of five years, so that the office was vacant for three years and a half at a time. The censors were always patricians of consular rank till B.C. 350, when a plebeian, C. Marcius Rutilius, who had also been the first plebe- ian dictator, was elected to the office. Subsequently, the censors might be, both of them, plebeians, and even persons who had not filled the consulship or praetorship might he elected to this magistracy ; but this was very uncommon,'' and was put a stop to after the second Punic war. The censorship was merged in the imperial rank. The duties of the censors were, at the first, to register the citizens according to their orders, to take account of the property and revenues of the state and of the public works, and to keep the land-tax rolls. In fact, they constituted an exchequer-chamber and a board of works.' It was the discretionary power with which they were invested that gave them their high dig- nity and influence. As they drew up the lists of Roman citizens, according to their distribution as senators, equites, members of tribes, and serarians, and as their lists were the sole evidence of a man's position in the state, it of course rested with them 111 decide all questions relative to a man's political rank. And thus we find that, in effect, they could, if they saw just cause, strike a senator off the list, deprive an equns of his horse, or degrade a citizen to the rank of the serarians. The offences which rendered a man liable to these degradations were, ill treatment of his family, extravagance, following a degrading proftission, or not properly attending to his own, or having incurred a. judicium turpe.' The power of the censors even extended to a man's property. Every citizen was obliged to give in to the censors a minute and detailed account of his property, which was taken down in writing by the notaries, so that, as Niebuhr says, there must have been an enormous quantity of such documents and reports in the register-office.' But the censors had 'jnlimited power in estimating the value or fixing the taxable capital : thus cases are known in which they rated the taxdtile value of some articles of property, as high-priced slaves, at ten times the I purchase-money." And they not only did that, but ! even fixed the rate to be levied upon it. The cen- sors also managed the farming of the vectigalia or , standing revenues, including the state monopoly on , salt, the price of which was fixed by them.' They I also agreed with contractors for the necessary re- pairs of the public buildings and roads. The care ', of the temples, &c., devolved on the praetor urbanus ': when there was no censor ; but there does not ap- ;' pear .o be any reason lor concluding, with Niebuhr,' \ ;hat the offices of prietor and censor were ever .! combined. The censor had all the ensigns of con- 5 ealar dignity except the lictors, and wore a robe I entirely scarlet.' If a censor died in office, he was not replaced, and his colleague resigned.' A cer. sor's funeral was always very magnificent,' (Fc farther details with regard to the censors, see Nie- buhr, Hist. Rom., ii., p. 324, &c., and Arnold, Hitt Rum., i., p. 346, &c.) CENSUS, or register of persons and property, constituted a man's actual claim to the rights oi citizenship both in Greece and at Rome. I. The Census at Athens seems to date from the constitution of Solon. This legislator made four classes (Ti/irj/zaTa, tUti) 1. Penlacosiomcdimni, or those who received 500 measures, dry or liquid, from their lands. 2. Knights, who had an income of 300 measures. 3. Zeugita, whose income was 150 measures. 4. Thctes, or capite censi. The word TlfiTi/^'^t us used in the orators, means the val- uation of the property; i. c, not the capital itself, but the taxable capital.' Now if the valuation of the income was that given in the distribution of the classes just mentioned, it is not difficult to get at the valuation of the capital implied. Solon reckon- ed the dry measure, or medimnus, at a drachma.' Now it is probable that the income was reckoned at a twelfth part of the value of the land, on the same principle which originated the unciarium. fce- nus, or 8.5 per cent, at Rome ;5 if so, the landed prop- erty of a pentacosiomcdimnus was reckoned at a tal- ent, or 12x500=6000 drachmas ; that of a knigk: at 12 X 300=3600 dr. ; and that of a zeugites at 12 X 150=1800 drachmas. In the first class the whole estate was considered as taxable capital ; but in the second only ^tixs, or 3000 drachmas ; and in the third, |ths, or 1000 drachmas ; to which Pollux al- ludes when he says, in his blundering way, that the first class expended one talent on the public ac- count ; the second, 30 minas ; the third, 10 minas ; and the thetes, nothing. In order to settle in what class a man should be entered on the register (jItto- ypaipTi), he returned a valuation of his property, sub- ject, perhaps, to the check of a counter-valuation {iiroTifiTjaii). The valuation was made very fre- quently ; in some states, every year ; in others, ev- ery two or four years.' The censors, who kept the register at Athens, were probably at first the nau- crari, but afterward the demarchs performed the of- fice of censor. Although this institution of Solon's seems particularly calculated for the imposition of the property-tax (da50.)—0. (Liv., ixxir., 44,)— 7. ;Liv., xxii,, 37.)— 8. (Hist. i Kom , iii., p. 356.)— 9. O'olybius, vi., 53.) 1. (Liv., xxiv., 43.)— 2. (Tacit., Ann., iv., 15 )— 3. (Bflckh, Pub. Econ. of Athens, ii., p. 270.)— 4. (Plat., Sol., 23.)— 5. (Nie- buhr, Hist. Rom., iii., p. 06,)- 6. (Aristot., Pol., v., 8.)— 7. (iii, 19.)— 8. (Thucyd., i., 141.)— 9. (Totral., i., (3. 12.— VM. Titt- mann, Darstell. d. Griech. Staatsverf., p. 41.) — 10. (ad De- moalh., Olynth., ii., p. 33, E.) — 11. {Vid, the discussion ii BOckh's Public Economy of Athens, ii., p. 255-307.) 22U CENTRITE. OENTXIMVIRT. tne syinmorias for the property taxes.' V hat we have here said of the census at Athens re nders it unnecessary to speak of the similar registrations in other states of Greece. When the constitution es- sentially depended on this distribution according to property, it was called a timocracy, or aristocracy »f property (Ti/iOKparia, (Itto Ti/iii/idTuv TroXiTcia). II. The Census at Rome took place every five J ears, and was attended by a general purification, whence this period of time got the name of a lus- trum. The census was perlbrmed in the Campus, where the censors sat in their curule chairs, and cited the people to appear before them, and give an account of their property. When the census was finished, one of the censors offered an expiatory sacrifice {lustrum condidit) of swine, sheep, and bul- locks (hence called suovetauriUa), by which the city was supposed to be purified. The census origina- 'ed, like that of Athens, in a distribution of the cit- izens into classes at the comitia centuriata, which distribution is attributed to Servius Tullius. (.Vid, CoMiTiuM.) But this old constitution was never completely established, was very soon overthrown, and only gradually and partially restored. There was a considerable difference between the modes of valuation at Rome and Athens. In the latter city, as we have seen, the whole property was val- ued ; but the taxable capital seldom amounted to more than a part of it, being always much smaller in the case of the poorer classes. Whereas at Rome only res mancipi were taken into the account, estates in the public domains not being returned to the censors," and some sorts of property were rated at many times their value ; nor was any favour shown to the poorer classes when their property, however small, came within the limits of taxation. I'he numbers of persons included in the censuses which have come down to us, comprehend not only Ihe Roman citizens, but also all the persons con- nected with Rome in the relation of isopolity ; they refer, however, only to those of man's estate, or fible to bear arms.^ ♦CENTAUREA or -EUM {xevTavpiov and -tf), the herb Centaury,. so called from the Centaur Chi- ron, who was fabled to have been thereby cured of a wound accidentally inflicted by an arrow of Her- cules.' It was also, from this circumstance, styled Chironia and Xeipuvoc /Sifc' There are two kinds of Centaury, the greater and the less, which have no other similitude than in the bitterness of their taste. The less is also called li/ivalov,' from its loving moist grounds. " It grows wild in England," says Martyn, "in many places, and is the best known. The greater is cultivated in gardens.'" The KevTavpiov fiiya is referred by Sprengel and Matthiolus to the Centaurea Centaurium, L., and k. (tcKpov to the Erythrea Centaurium, Pers. Stack- Iiouse makes the k. of Theophrastus to be the Cen- taurea Centaurium.^ The less is called in Greece, at the present day, Qep/ioxoprov. Sibthorp found it everywhere in Greece in the level country.' *CENTRISCUS {Ktvxpiaiioi), a species of fish mentioned by Theophrastus. According to Wil- loughby, it was a species of Gasterosteus, called in English Stickleback or Barnstackle.'" *CENTRI'TE {KcvrpiTTi), a species of fish men- tioned by jElian, and called Kevrpivij by Athenaeus and Oppian. It is the Squalus Centrina, in Itahan Peste porco. Rondelet says it has some resem- blance to a sow, and delights in filth." 1. (Demosth., ad BtEot., p. 997, 1.)— 2. (Niebuhr, llist. Rom., i., p. 448.)— 3. (Vid. Niebuhr, Hist. Rum., ii., p. 76.)—''. (Plin n. N., ixy., 6.)— 5. (Nicand., Ther., 500.)— 6. (Dioscor., iii., S, 9.)— 7 (ad Virg., Georg., iv., 270.)— 8. (Adams, Append., s. v.) —9. (BiUerteck, Flora Cbissica, p. 52.)— 10. (Adams, Append., • vl— 11. (.Sllian, N. A., i., 55 , ii « —Adams, Append., 8. v.) 230 ' ' "CENTRUAIYRRH'XNE {KevTpo/ivppivn), wit Ruscus Aculeatus, common Knee-holly, or Butch- er's Broom. The Greek name means " prickly myr. tie." Another appellation is Oxymyrsine {a^fmpai. vri), or " sharp-pointed myrtle." Dioscorides, again, describes this same plant under the name ol/jvpaivT, uypia, or "wild myrtle." He says the leaves are like those of myrtle, but broader, pointed likea spear, and sharp. The fruit is round, growing on the mid. die of the leaf, red when ripe, and having, a bony kernel. Many stalks rise from the same root, a cubit high, bending, hard to break, and full of leaves The root is like that of dog's grass, of a sour taste, and bitterish. "The Butcher's Broom is so called," observes Martyn, ''because our butchers make use of it to sweep their stalls. It grows in woods and bushy places. In Italy they frequently make brooms of it.'" CENTU'MVIRI. The origin, constitution, and powers of the court of centum viri are exceedingly obsjure, and it seems almost impossible to combine and reconcile the various passages of Roman wri- ters, so as to present a satisfactory view of this subject. The essay of HoUweg, Ucber die Compen- tenz des Ccntumviralgerichts,' and the essay of Ti- geistrom, De Judicibus ajnid Rirmanos, contain all the authorities on this matter ; but tnese ,two es- says by no means agree in all their conclusions. The centumviri were judices, who resembled oth- er judices in this respect, that they decided cases under the authority of a magistratus ; but they dif- fered from other judices in being a definite body or collegium. This collegium seems to have been di- vided into four parts, each of which sometimes sat by itself The origin of the court is unknown ; but it is certainly prior to the Lex .^Ebutia, which put an end to the legis actiones, except in the mattei of Damnum Infectum, and in the causaj centumvi- rales.' According to Festus,* three were chosen out of each tribe, and, consequently, the whole num- ber out of the 35 tribes would be lOS; who in round numbers were called the hundred men ; and as there were not 35 tribes till 241 B.C., it has been sometimes inferred that to this time we must assign the origin of the centumviri. But, as it has been remarked by HoUweg, we cannot altogether rely on the authority of Festus, and the conclusion so drawn from his statement is by no means necessary. II the centumviri were chosen from the tribes, this seems a strong presumption in favour of the high antiquity of the court. The proceedings in this court, in civil matters, were per legis actionem, and by the sacramentura. The process here, as in the other judicia privata, consisted of two parts, in jure, or before the prastor, and injudicio, or before the centumviri. The prae- tor, however, did not instruct the centumviri by the foiinula, as in other cases, which is farther explain- ed by the fact that the praetor presided in the, ju- dicia centumviralia.' It seems pretty clear that the powers of the en- turaviri were limited to Rome, or, at any rale, tr. Italy. HoUweg maintains that their powers vfere also confined to civil matters ; but it is impossible to reconcile this opinion with some passages,' from which it appears that crimina came under their cognizance. The substitution of aut for ut in ihe passage of Quintilian,' even if supported by good MSS., as HoUweg affirms, can hardly be defended. The civU matters which came under the cdgui- zance of this court are not completely ascertained. 1. (Theophrost., H. P., iii., 17.— Martyn, ad Virg., Georg-i "i 413.)— 2. (Zeitschrift, etc., v., 358.)— 3. (Gaius, iv., 31.— GelL xvi., 10.)— 4. (s. V. Centumviralia Judicia.) — 5. (Plin., Epist. v., 21.)— 6. (Ovid, Trisl.,ii., 91.— Phisdr., HI., i., 35, &c)--7 (Inst., iv., 1, 57.) CENTUMVIRI. CENTURIO. Many ol them (though we have no reason for say- ing all of them) are enumerated by Cicero in a v.eil- known passage.' Hollweg mentions that certain matters only came uL.der their cognizance, and that other matters were not within their cognizance ; and, farther, that such matters as were within their cognizance were also within the cognizance of a single judex. This writer farther asserts that ac- tiones in rem, or vindicationes of the old civil law (with the exception, however, of actiones praejudici- ales or status quaestiones), could alone be brought be- fore the centumviri ; and that neither a personal ac- tion, one arising from contract or delict, nor a status quaestio, is ever mentioned as a causa centumviralis. It was the practice to set up a spear in the place where the centumviri were sitting, and, accordingly, the word hasta, or hasta centumviralis, is sometimes used as equivalent to the words judicium centumvi- rale." The spear was a symbol of quiritarian own- ership : for " a man was considered to have the best title to that which he took in war, and, accord- ingly, a spear is set up in the centumviralia judicia."' Such was the explanation of the lloman jurists of the origin of an ancient custom, from which, it is ar- gued, it may at least bo inferred, that the centum- viri had properly to decide matters relating to qui- ritarian ownership, and questions connected there- with. It has been already said that the matters which belonged to the cognizance of the centumviri might also be brought before a judex; but it is conjec- tured by Hollweg that this was not the case till after the passing of the JEbutia Lex. He consid- ers that the court of the centumviri was established ill early times, for the special purpose of deciding questions of quiritarian ownership ; and the impor- tance of such questions is apparent, wlien we con- sider that the lloman citizens were rated accord- ing to their quiritarian property ; that on their ra- ting depended their class and century, and, conse- quently, their share of power in the public assem- blies. No private judex could decide on a right which might thus indirectly affect the caput of a Koman citizen, but only a tribunal elected out of all the tribes. Consistently with this hypothesis, we find not only the rei vindioatio within the juris- diction of the centumviri, but also the hereditatis petitio and actio confessoria. Hollweg is of opin- ion that, with the . has been noticed by Aristotle. It appears to be of a stupid character, a fact which was known in the time of Pliny, since that author tells us that there is something ludicrous in the disposition of the mul- lets, for il' they are afraid they conceal their heads, and thus imagine that they are entirely withdrawn from the observation of their enemies. The an- cients had the flesh of the Mullet in great request, and the consumption of it is still very considerable in most of the countries of Europe. According to Athenaeus, those mullets were formerly in very high esteem which were taken in the neighbourhood of Sinope and Abdera ; while, as Paulus Jovius in- forms us, those were very little prized which had lived in the salt marsh of Orbitello, in Tuscany, in the lagunes of Ferrara and Venice, in those of Padua and Chiozzi, and such as came from the neighbourhood of Commachio and Ravenna. All these places, in fact, are marshy, and the streams by which they are watered are brackish, and commu- nicate to the fish which they support the odour and the flavour of the mud."" The ancients believed the Mullet to be a very salacious kind of fish, whiob circumstance may, perhaps, have given rise to the custom alluded to by Juvenal' *CEPHEN (Ktifvv), the Drone, or male Bee. The opinion that the male bee and droiie were identical vas maintained by some of the ancient naturalists also, but was not generally received. For a full exposition of the ancient opinions on this subject, see Aldrovandus.* *CEP'PHOS (K^TT^of), a species of Bird. Eras- mus and others take it for the Gull or Sea-mew ; but, as Adams remarks, Aristotle distinguishes be- tween it and the Aapof. It may, however, as the latter thinks, have been the species of Gull called Dung-hunter, or Larus parasiticus, Jj. Ray makes it the Cataracta cepphus.^ ♦CERACHA'TES (KTipaxdnji), an agate of the colour of wax (Knpos), mentioned by Pliny. ( Vii. Achates.) ♦CERASTES (KcpaoTK), the Horned Serpent, sn called, according to Isidorus, because it has horns on its head like those of a ram. Dr. Harris thinks that it was a serpent of the viper kind. It is the Shephephcn of the Hebrews. " Sprengel," remark! Adams, ''holds it to be the same as the Haemorrhus, referring both to the Coluber Cerastes, L. ; and, from the resemblance of the effects produced by the sting of the Haemorrhus, and of the Cerastes, as de- scribed by Dioscorides, Aetius, and Paulus jEgino- ta, I am disposed to adopt this opinion, althougl' unsupported by the other authorities." ( Vid. Ai MOREHUS.)' *CER'ASUS (KEpaaoc), the Cherry-tree, or I'm nus Cerasus, L. According to some autlioriiies, it derived its name from the city of Cerasus io Pontus, where it grew very abundantly ;' while others make the city to have been called after the tree.' LucuUus, the Roman commander, is said 1. (Tii., c. 77, seqq.)— 2. (Griffith's Cuvier, vol. I., p.366.)-l (Sat., I., 317.) — 4 (Adams, Append., s.t.)— 5. (Aristot., II.A- viii., 5. — ^Adams, Append., s. v.) — 6. (Isiilor. (3ri^., xii., 4, 16 — Harris, Nat. Hist, of Bil>le, p. 1. — Adami, Append., s. v.)— 5 (Serv. ad Virg., Geurff., ii., 18. — Isidor., Ori^., xvii., " "*■- Plin., H. N., XV., 25.)— 8. (Broukhus. ad Propert., \i.. U "> > CERUOPITHECUS. (lEREVISlA. lo have first brought the Cherry-tree hito Italy,' and hence the terms cerasus and cerasum (the lat- ter dgnifying the fruit) were introduced into the Romafi tongue. Servius, indeed, says" that cher- ries were known before this in Italy ; that they ivere of an inferior quality, and were called corna ; and that, subsequently, this name was changed into corna-cerasa.. Pliny, on the other hand, expressly denies that cherries were known in Italy before (he time of Lucullus.' In Greece, however, they were known at a much earlier period, having been described by Theophrastus* and the Siphnian Di- phylus." This latter writer, who is quoted by Athenaeus, speaks of cherries as being stomachic, though not very nutritive. He makes the very red kind, and another called the Milesian, to have been the best, and to have been also good diuretics. Pliny enumerates various species of cherries, such as the Apronian, of a very red colour ; the Luta- tian, of a very dark hue ; the round or Csecilian ; and the Jnnian, of an agreeable flavour, but so ten- der that they had to be eaten on the spot, not bear- ing transportation to any distance from the parent tree. The best kind of all, however, were the Du- racinian, called in Campania the PUnian. The Cherry-tree could never be accUmated in Egypt." According to modern travellers, the hills near the site of ancient Cerasus are still covered with cher- ry-trees, growing wild.' ♦CERATIA (KtpaTia), the Carob-tree, or Cerato- Hta siliqua. " Horace," observes Adams, " speaks of Carob-nuts as being an inferior kind of food ; and so also Juvenal and Persius. It has been con- jectured that it was upon Carobs, and not upon Lo- custs, that John the Baptist fed in the wilderness. This point is discussed with great learning by Olaus Celsius, in his Hieroboianicon. To me it appears that the generally received opinion is the more pTobable one in this case.'" ♦CERAU'NION {Kepaivwv), a variety of the Truffle, or Tuber Cibarium.' ' *CERCIS (.icepitig), according to Stackhouse, the ludas-trec, or Cercis siliquastrum. Schneider, how- ever, rather inclines to the Aspen-tree, or Populus Iremula.^' ♦CERCOPITHE'CUS (KepicowWvfco(),a. species of Monkey, with a long tail, from which circumstance the Greek name has originated {Kipno;, " a tail," and mdriKOQ, " a monkey")." Pliny describes the animal as having a black head, a hairy covering re- sembling that of an ass, and a cry different from that of other apes. Hardouin refers it to the Mar- mot, but this is very improbable. Cuvier"' states, that among the monkeys in India there are some with long tails, grayish hair, and the face black ; as, for example, the Simia entellus and the Simia fau- nas. None, however, are found, according to him, in this same country with grayish hair, and the whole head black." On the other hand, Wilkin- son" states that Pliny's description of the Cerco- pithecus, with a black head, accords with one spe- cies of monkey still found in Ethiopia. The Cer- copithecus was worshipped, according to Juvenal," in Thebes, the old Egyptian capital, and, as Wilkin- son states, would seem to have been embalmed, not only in that city, but also in other places in Egypt. It was frequently represented as an ornament in necklaces, in common with other animals, flow- ers, and fanciful devices ; and the neck of a bot- 1. (Isic)., 1. c— Serf., 1. c— Plin., 1. c.)— 2. (1. c.)— 3. (I. c l —4. (H. P., iii., 15.)— 5. (ap. Athon., ii., p. 51, a.)— 6. (Plii , I, c.) — 7. (Tournefort, Voyage du Levant, vol. iii., o. 65.) — 8. (Dioaoor., i., 158.— Horat.,Epist., II., i., 123.— Juv., Sat., xi.,59. — Pers., Sat., iii., 55.— Adams, Append., s.v.)— 9. (Tlieophr., H. P.,i.,9.)-10. (Theophr.,H.P.,iii., 14.)-11. (H.N., viii., 21.) -rl2. (ad Plin., 1. c.)— 13. (Cuvier,!. 5.)— 14. (Manners and Cus- toms of the Ejyp'i^s, vol. t , p. 132 )— 15. (Sat., xv., 4.) G r. tie was sometimes decorated with two silting mo* keys. CEREA'LIA. This name was given to a festi val celebrated at Rome in honour of Ceres, whose wanderings in search of her lost daughter Preiser pine were represented by women, clothed in white, running about with lighted torches.' During its continuance, games were celebrated in the Circus Maximus," the spectators of which appeared in wliite ;' but on any occasion of public mourning, the games and festivals were not celebrated at all, as the matrons could not appear at them except in white.* The day of the Cerealia is doubtful ; some think it was the ides, or 13th of April ; others the 7th of the same month.' CEREVrSIA, CERVI'SIA (ftieof), ale or beer, was almost or altogether unknown to the ancient, as it is to the modern, inhabitants of Greece and Italy. But it was used very generally by the sur- rounding nations, whose soil and climate were less favourable to the growth of vines {in Gallia, aliisquc prminciis'). According to Herodotus,' the Egyp- tians commonly drank ''barley-wine," to which custom ^scbylus alludes (f/c KpiBuv ftidv :' Pelusi- aci pocula zythi^). Diodorus Siculus'" says that the Egyptian beer was nearly equal to wine in strength and flavour. The Iberians, the Thracians, and the people in the north of Asia Minor, instead of drinking their ale or beer out of cups, placed it before them in a large bowl or vase (xpa-f/p), which was sometimes of gold or silver. This being full to the brim with the grains as well as the ferment- ed liquor, the guests, when they pledged one anoth- er, drank together out of the same bowl by stooping down to it ; although, when this token of friendship was not intended, they adopted the more reiined method of sucking up the fluid through tubes ol cane." The Suevi, and other northern nations, offered to their gods libations of beer, and expected that to drink it in the presence of Odin would l)e among the delights of Valhalla.'" Bpvrov, one o( the names for beer,'^ seems to be an ancient passivp. participle, from the root signifying to brew. *" For an account of the ancient Ales," says Adams, " consult Zosimus Panopolita, de Zythorum confectione (Sahsbech, 1814, ed. Gruner). The word fiSof is derived from ffu, ferveo. Ale is called oZvof KpiBwog and alvo; in. npiBuv by Herodotus and Athenaeus ; ttIvov by Aristotle ; Ppvnv by Theophrastus, ^schylus, Sophocles, &c. ; ^ovxat by Symeon Seth ; but its first and most ancient name was fuSof or fiiStov. Various kinds of Ale are mentioned by ancient authors : 1. The Zythus Hordeaceus, or Ale from barley ; of which the mvov, PpSrov, the Curmi, Curma, Corma. and Curmon, mentioned by Sulpicius and Dioscoridee ; the Cere- visia, a term of Celtic origin, applied to an ale used by the Gauls (compare the Welsh crw) ; the foiJKa; of Seth ; the Alfoca and Fuca of the Arabs, noticed by Symeon Seth, Rhases, and Haly Abbas, are only varieties. — 2. The Zythus iriticeus, or Ale from wheat. To this belong the Ccelia or Ccria of Pliny, Floras, and Orosius, and the Corma of Athenasus '* — 3. The Zythus succedaneus, prepared from grain oi all kinds, oats, millet, rice, panic, and spelt ; also from services " — 4. The Zythus Dizythium, or Don ble Beer, called by Symeon Seth ^oii/taf aiiv upri- I. (Ovid, Fast., iv., 494.)— 2. (Tacit., Ann., xv., 53.)— 3. (Ovid, Fast., iv., 620.)— 4. (Liv.,xxii., 56; xxxiv., 6.) -5. (Ovid, Fast., iv., 389.)— 6. (Plin., II. N., xxii., 82.— Theophrast., De Cans Plant., vi., 11.— Diod. Sic, iv.,2 ; v., 26.— Strab., XVII., ii.,5.— Tacit., Germ., 23.)— 7. (ii., 77.)— 8 (Suppl 954 .'—9. (Colum., X., 116.)— 10. (i., 20, 34.)— 11. (Archil., Frag., p. 67, ed. Lie- bel.— Xen., Anab., iv., 5, 26.— Athenieus, i., 28.— Virg., Geoig. iii., 380,— Servius, ad loc.)— 12. (Keyslcr, Antiq. Septent., p 150-156.)- 13. (Arcliil., 1. c— Hellanicus, p. 91, ed. Sturll.- Athenicus, %., 67.)— 14. (iv.. J^i, 3.)— 16. (Vir?., Georg , ii 380.) 2a;t UERUGMI. OESTDfi. Duai {Flmcas compusitus). This was a stronger kind of Ale, the composition of which is unlcnown. It does not appear that the ancients were acquainted with the use of hops (humulus lupulus) in the com- position of tneir ales.'"- *CERINTHA or -E {icrjpivBn), a plant, which Stackhouse and Sprengel agree in identifying with the Honey-wort, or Cerinlhe aspera. Virgil speaks of it as " Cerinthce ignobile gramen,"' which Mar- tyn explains by saying that it grows common in Italy. It is, in fact, met everywhere in Italy and Sicily. Philargyrius says it derives its name from Cerinthus, a city of Boeotia, where it grew, in ancient times, in great plenty; the better deriva- tion, however, is that which deduces it from Kijpiov, •' a honey-comb," because the flower abounds with a sweet juice like honey. 'I'he bees were very fond of it.° It must not be confounded, however, with the KfipwOoc or ipiddnTi mentioned by Aristotle, which is nothing more than bees'-bread, being com- posed of the pollen of vegetables kneaded with honey. Botanical writers speak of two kinds of Cerintha, the Greater and the Less, the latter of which is the Ti)Xciov of Dioscorides. Sibthorp found this in Greece in the cultivated grounds, and particularly among the vines in the spring, accord- ing in this with the account given by Dioscorides.* CE'RNEHE HEREDITA'TEM. (Vid. Heres.) CERO'MA {KT/pu/^a) was the oil mixed with wax (,K7ip6() with which wrestlers were anointed. After they had been anointed with this oil, they were covered with dust or a soft sand ; whence Seneca' says, " A ceromate nos haphe {de yard of a ship, passing from it to the top of the I. (AdairJ, Append., s. v.)— 2. (Georg., iv., 63.)— 3. (Martyn All ViT" I. c.)— 4. (Biilerbeck, Flora Cla-ssica, p. 40.) — 5. (Ep., 57 )_|. (Vitruv., v., 11.)— 7. {Plin., H. N., xxxv., 2.)— S. (De \Jrev. Vit, 12.)— 9. (Adv. Gent., iii., 23.)— 10. (Gains, iv., 49, 4CC.I 23 mast. The woodcut, p. 62, shows a vessel with two ceruchi. In other ancient monuments we sea four, as in the annexed woodcut, taken from one of the pictures in the MS. of Virgil, which was given, by Fulvius Ursinus to the Vatican library. {Vii Antenna, Oarchesicm.I *CERVUS, the Stag. (Firf. Elaphus.j *CERUSSA (Tptfiiffiov), White Lead, or PlmnM sub-carbtmas. The ancient Ceruse, hke the mod- ern, was prepared by exposing lead to the vapours of vinegar. The ancient process is minutely tie. scribed by Theophrastus :' " Lead is placed in earthen vessels over sharp vinegar, and after it has acquired a sort of rust of some thickness, which it commonly does in ten days, they open the vessels, and scrape from it a kind of mould. They then place the lead over the vinegar again, repeating again and again the same method of scraping it till it is wholly dissolved. What has been scraped off they then beat to powder and boil for a long time ; and what at last subsides to the bottom of the ves- sel is the ceruse." Similar processes are deserihed by Dioscorides and Vitruvius. ' " The substance spoken of by Pliny," remarks Dr. Moore, " as a native ceruse, found at Smyrna on the farm of Theodotus, appears to have been that greenish earth mentioned by Vitruvius as occurring in many places, but the best near Smyrna and called by the Greeks ^eodoTityv, from the name of the person, Theodotus, upon whose farm it was first discovered. From the fact that this greenish earth was regarded as a sort of ceruse, we might infer that the ceruse of the ancients was not always of a very pure white.'" ♦CE'RYLUS {KT/pvXoc), a species of Bird ; the same, according to Suidas and Tzetzes " with the male King-fisher. jElian and Moschus, however, as Adams remarks, appear to consider it a difi'crert bird. Gesner and Schneider are undecided.* CERYX (uTipv^). (Vid. Caduoeus, Fetiaus.) •*CERYX (K^fiwf), "A genus of Tc«(ocea, now placed," remarks Adams, " in the Mollusca by nat- uralists. It is the Murex of the older authorities. The two principal species are the Buccinum anil Purpura, which Sprengel refers to the Bucoimm harpa, L., and B. lapillus. Dr. Coray remarks, that the Greek writers often make no distinction be- tween the K^pv^ and the n-op^vpa, but modern natu- ralists distinguish between the Murex and the Pur- pura." {Vid. Murex.)' CE'SSIO BONO'RUM. (F;*?. Bonobcm Cessio.I CE'SSIO IN JURE. {Vid. In Jure Cessic.) CESTIUS PONS. (Fid, Bridge, p. 174.) ♦OESTRUM {fcearpov), I. a species of Belony. Sprengel, in his R. H. H , was inclined to make il the Betonica officinalis ; but in his edition of Dios^ corides he adopts the opinion of Dalechamp, who proposed the Betonica alopecurus, Dioscorides de- scribes it as gi'owing in very cold places, and Sib- thorp accordingly found the B. alopecurus growing plentifully on Parnassus, one of the coldest regions of Livadia.' — II. (Firf. Pictuka.) CESTUS was used in two significations : I. Cestus signified the thongs or bands of leal her which were tied round the hands of boxers in order to render their blows more powerful. These bands of leather, which were called i//iii'-sc, or IpavTH nvKTiKol, in Greek, were also frequently tied round the arm as high as the elbow, as is shown in the following statue of a boxer, the original of which is in the Louvre at Paris.' The cestus was used by boxers from the earlicsl times. When Epeius and Euryalus, in the Zfi'iKJ,' 1. (De Lapid., 101.) — 2. (Ano. Mineral., 69.)--3. (ad L* , cophr., 749.) — i. (Adams, Append., s. v.)^-5. (Aristot., II. A iv., 2 ; v., 10. — Adams, Append., s. v.) — 6. (Dioscor., iv., 1.--^ Adams, Append., 8. v.) — 7. {Vid. Clarac, Mus6g d. Sculpt. Anl ot Mod., vol. iii., pi. 327, n. 2042.)— 8. (xxiii., 684.) OESTUS. CETR V. prrpare lliemselves for boxinj;, they put on their iimiJs iliongs made of ox-hi(ly {('//ui'Taf evr/z^Tov^ 3udc u.ypav?,oi.o) ; but it should be recollected that the cestus, in heroic tiroes, appears to have con- sisted merely of thongs of leather, and differed ma- lerially from the frightful weapons, loaded with lead and iron, which were used in later times. The dif- ferent kinds of cestus were called by the Greeks in later times neMxai, ■^irelpdi ^oeiai, a(j>iitpai, and Hvpiirines : of which the fieMxai gaVe tli,e softest blows, and the /ivp/irjicci the most severe. The ftelXixai, which were the most ancient, are described by Pansanias' as made of raw ox-hide cut into thin pieces, and joined in an ancient manner ; they were tied under the hollow or palm of the hand, leaving the fingers uncovered. The athletse in the palaes- trai at Olympia used the iieiXixai in practising for the public games (Ijiuvtuv tuv fiaTiaKwrepuv') ; but in the games themselves they used those which gave the severest blows. The cestus used in later times in the public games was, as has been already remarked, a most Ibrmidable weapon. It was frequently covered with knots and nails, and loaded with lead and iron ; whence Virgil,^ in speaking of it, says, " Ingentia septem Terga bourn plumho insula ferroque rigcbant." Statins* also speaks of nigrantia plumbo tegmina. Such weapons, in the hands of a trained boxer, must have frequently occasioned death. The /ivp- UT/KSQ were, in fact, sometimes called yvwropot, or "limb-breakers." Lucilius' speaks of a boxer whose hecid had been so battered by the /iip/iijKec as to resemble a sieve. Figures with the cestus frequently occur in an- cient monuments. They appear to have been of vaiious forms, as appears by the following speci- mens, taken from ancient monuments, of which "Irawings are given by Fabretti.' 1 (viii., 40, « 3.)— 2. (PauF., vi., 23, 1, 3.)— 3. (J!n., v., 405.) —4. (Theb., vi., 732.)— 5. {Aiith., xi., 78, vol. ii., p. 344, od. , «c.)-6. (De Column. Traj., p. 261.) II. Cestus also signified a band or tie of ani kind ;' but the term was more particularly applied to the zone or girdle of Venus, on which was repre- sented everything that could awaken love.' When Juno wished to win the afTections of Jupiter, she borrowed this cestus from Venus ;" and Venus her- self employed it to captivate Mars.* The scholiast on Statins' says that the cestus was also the name of the marriage-girdle, which was given by the newly-married wife to her hus- band ; whence unlawful marriages were called in- cests. This statement is confirmed by an inscrip- tion quoted by Pitiscus,' in which a malrona dedi- cates her cestus to Venus. *CETE (KiJTi!), a plural term of the neuter gen- der, of Greek origin, and applied generally to any very large kind of fishes. Adams, in his remarks upon the word KJjro^, observes as follows : "This term is applied in a very general sense to all fishes of a very large size, such as the Whale, the Bal- ance-fish, the Dolphin, the Porpoise, the great Tun- nies, all sorts of Sharks, and also the Crocodile, tlif Hippopotamus, and some others which cannot be satisfactorily determined. It is deserving of remark in this place, that, although the ancients ranked the Celacea with Fishes, they were aware that Whales, Seals, Dolphins, and some others are viviparous, and respire air like the Mammalia. With regard to the riyijiav Tuv ktitov, which is described in a vep' graphic style by Oppian, the most probable opinion is that it was the Gaslerosleus dnctor, L., or Pilot-fish.'" CETRA or C^TRA (Kahpea?), a target, i. e., a small round shield, made of the hide of a quadru- ped.' It formed part of the defensive armour of theOsci." (Kirf. AcLis.) It was also worn by the people of Spain and Mauritania.'^ By the latter people it was sometimes made from the skin of the elephant.'" From these accounts, and from the dis- tinct assertion of Tacitus" that it was used by tbo Britons, we may with confidence identify the cctra with the target of the Scottish Highlanders, of which many specimens of considerable antiquity are still in existence. It is seen " covering the left arms"" of the two accompanying figures, which are copied from a MS. of Prudentius, probably written in this country, and as early as the ninth century.'' It does not appear that the Romans evtr wuib the cetra. But Livy compares it to the pella of the Greeks and Macedonians, which was also a small light shield {cctratos, quos peitastas vocanO-^). 1. (Varro, Be Ro Rust., i. 8.)— 2. (II., xiv., 214.— Val. Flacc., vi., 470.)— 3. (II., 1. c.)— 4. (Mart., vl., 13 ; xiv., 206, 207.)— S (Theb., ii., 283 ; v., 63.)— 6. (s. v. Cestns.)— 7. (Galen, U« Alim. Facult.— .ffilian, N. A., ix., 49 ; ii , 13. — Adams, Append., 8. V.)— 8." (Hesyoh.) — 9. (Isid., Ori^., xviii., 12.— Q. CurLius,iii., 4.— Varfov ap. Nonium.)— 10. (Viig., .«;n.,vii.,732.)— II. (Isid, 1. c— SerViuB in Virj., 1. c — Cbbs., Bel). Civ., i., 39.)— 12 (Strab., xvii., 3, 7.)— 13. (Agnc, 30.)- 14. (Virgil, 1 o.)— Ii (Cod. Cotton. Cleop., c. 8.)— 16. (xxxi., 36.) 211 CHALCIDICUM. GHAr.OlK •OHALB'ANE (;t;a/l6av)?) appears to have been Hie well-known Gum-resin, which exudes from the liviim Gidbanum. Pliny, in describing it, says, " Quod, maxime laudant, cartilaginosum, purum, ad nmititudinem Hammoniaci.'"- In the Edinburgh Dispensary it is said that "Galbanum agrees in viitiie with gum Ammoniacum." Hence Adams concludes that the ancient Galbanum was identical with the modern." *CHALGANTHUS {xi^lKaveoc), according to i'liny," th*? same with the " Atramentum sulorium" of the Romans, so called because used to blacken leather. The account of the Roman writer is as follows : " Graci cognationem oris nomine fccerunt ct atramento sutoriOf appellant enim Ckalcanthum. Color est cc&ruleus perquam speUabili nitore, vitrum- que esse creditur." From this language of Pliny there can be no doubt that Hardouin was correct in making it to be Copperas, or Blue Vitriol {chalean- thus, i. e., flos ceris). " Yet," continues Adams, " both Sprengel, in his edition of Dioscorides,* and Dr. MiUigan, in his Annotations on Celsus, call it a natural solution of sulphate of copper in water. The quotation from Pliny proves that it was a vit- riol, the word vitriol being, in fact, formed from eitrum. And, farther, Dioscorides' description of its formation agrees very well with Jameson's ac- count of the origin of copperas. The ancients, however, as Dr. Hill states, were also acquainted with a factitious vitriol, which they called Fectum and Ephlhum, obtained by boiling some of the vit- riolic ores in water.'" CHALKETA {xa%Kela), a very ancient festival cel- ebrated at Athens, which at different times seems to have had a different character, for at first it was solemnized in honour of Athena, surnamed Ergane, and by the whole people of Athens, whence it was railed 'KP^vaia or TidvdTjfio^.'' At a later period, however, it was celebrated only by artisans, espe- cially smitlis, and in honour of Hephsestus, whence its name was changed into Xa^Ke?io:.' It was held on the 30th day of the month of Pyanepsion.^ Me- nander had written a comedy called XaXKeta, a fragment of which is preserved in Atliensus.' CHALGI'DICUM. A variety of meanings have been attached to this word, which is not of unfre- quent occurrence in inscriptions, and in the Greek and Latin writers.^" The meager epitome of Festus informs us merely that it was a sort of edifice {genus ceiificii), so call- ed from the city of Chalcis, but what sort is not explained ; neither do the inscriptions or passages cited below give any description from which a con- clusion respecting the form, use; and locality of such buildings can be positively affirmed. Chalcidica were certainly appurtenances to some basilica,^^ in reference to which the following at- tempts at identification have been suggested : 1. A mint attached to the basilica, from ;i;a/l/c6f and Hkti, which, though an ingenious conjecture, is not sup- ported by sufficient classical authority. 2. That part of a basilica which lies across the front of the tribune, corresponding to the nave in a modern church, of which it was the original, where the lawyers stood, and thence termed navis causidica.^^ 3. An apartment thrown out at the back of a basili- ca either on the ground-floor or at the extremity ]. fil. N' , m. 25.)— 2. (Adams, Append., s. V.)— 3. (H. N., xxxjv., 33.) — 4 {v., 114.) — 5. (Adams, Append., s. v.)— 6. (Sui- das, s V, — Etymol. Magii. — Eustath. ad II., ii., p. 284, 3G.) — 7. (PuUux, vii., 105.)— 6. (Suidas. — Harpocrat. — Eustath., 1. c.) — 9. (.vi., p. 502.) — 10. (Insorip. ap. Grut., p. 232. — Ap. Muratori, n 469, 480.— Dion Caas., li., 22.— Hygin., Fab., 184.— Auson., Penocb Odyss., xxiii. — Arnob., Advers. Gent., lii., p. 105, 149. ■Vat'iv v., 1, ed. Bipont.-— Festus, s.v.) — II. (Vitruv., 1. c.) — IS (Barbai- and Philan/ , ad \itruv., 1. c— Donat., De Urb. Ritm., ir., 2.) 236 of the upper gallery, in the form of a balauuv.' Internal chambers on each sido of the tiiliune loi the convenience of the judices, as in the basilica ii( Pompeii. {Vid. Basilica, p. 141 )' 5. The vest! bule of a basilica, either in front or rear ; which iii. terpretation is founded upon an inscription disi-nv. ered at Pompeii, in the building appropriated lo ■.[■<; fullers of cloth {fullonica) : EuMACHiA. L. F. Sacerd. Pub. ■» « * » ****** ChALCIDICUM. CrYPTAM PORTIIIL'S * * * Sua. Pequnia. fecit, eauemque. UEniCAviT. By comparing the plan of the building with this inscription, it is clear that the chalcidicum men tioned can only be referred to the vestibule. Its decorations likewise corresponded in richness anil character with the vestibule of a basilica described by Procopius,' which is twice designated by thu term x'^^'^V* The vestibule of the basilica at Pon. peii is shown upon the plan on page 141. In another sense the word is used as a synonyme with ccenamlum. " Scribuntur Dii vesti* in tricliniis coelestibus atque in chalcidicis aureis coenitare."' These words, compared with Homer, Tpr/iis S' eig virep^' aveMjaaro Kayxa'^oMaa,' and the translation ofvirspuov by Ausonius,' " Chalcidicum gressu nutrix superabat anfli," together with the known locality of the ancient cmnacvtla, seem fully to authorize the interpretatioii given.*' Finally, the word seems also to have been used in the same sense as mcenianum, a balcony.' CHALCIOE'CIA(;t;ffiAiftoi/cm), an annual festival, with sacrifices, held at Sparta in honour of Athona, surnamed Xa/l/«'oj/cof, i. e., the goddess of the lira- zen-house.'° Y'oung men marched on the occasior. in full armour to the temple of the goddess ; and the ephors, although not entering the temple, but re- maining within its sacred precincts, were obliged to take part in the sacrifice." *CHALGIS (;i;aAKi'f), I. a species of Bird, de- scribed as inhabiting mountains, rarely seen, and of a copper colour (from which comes the name, oi else from its shrill cry"). , It was probably one ol the Falcon tribe, and is considered by some identi- cal with the Trrilyf, but it cannot be satisfactorily determined what kind of bird it really was. An other name for this bird is KviuvSig, in Homer and Ionic authors. Both names occur in the 14th book of the Iliad," where it is noted that x'l-^i'-k is the older name. The cry of the bird is represented by KLKKaSaii}* II. A species of Lizard," so called from having copper-coloured streaks on the back. It is termed in Greek, not oii\y xalKii;, but also aavpaXaJ,KiSi,K7i. Some of the ancient authorities call it arjipi^^ and the French naturalists describe it under the name of Le Seps, but, according to Buffon, improperly; It is the Chalcis Vittatus, L. Cuvier thinks it very probable that the ancients designated by this name the Seps with three toes of Italy and Greece. The Abbe Bonneterre says of it, " I regard the liaard called Chalcis by Linnaeus as forming a variety ff the Seps." Buffon remarks, "It appears lo beai a strong affinity to the viper, and, like that anunal its bite may be dangerous." Dr. Brookes siJSj 1. (Galiano and Stratico, ibid.) — 2. (Marquez, Delle Casiv tie Romani. — Rhode aa Vitruv., 1. c.)— 3. (De JEdifio. Justin J. 10.) — 4. (Bechi, del Chalcidico e della Urypta di Eumachia Marini ad Vitruv., v., 2.),— 5. (Amobius, p. 149.) — 6. (Od., xxi" 1.)— 7. (Perioch., xiii., Odyss.)— 8. (Turneb, Advcr» , xvi . 34. — Salmas. in Spart., Pescen. Nigr., c. 12, p. 677.) — 9. (Isid« Oiig.- Reinesius, Var. Lect., iii., 5.)— 10. (Pans., iii., 17, 3- seqq. ; x., 6, 1) 5.— GflUer ad Thuoyd., i., 128.)— 11. (Polyl),, i> ■ 35, « 2.)— 12. (Proclus ad Cratyl., xxxviii.)— 13. (v., 291.)-!* (Comic, ap. Plat., Cratyl., p. 270, ed. Franuof.— Donnegaij, Lcl ed. 1842, s. v.)— 15. (Aristot,, II A., viii , 23 )— 16 (Sohii i> Nicandr., Thpriac, v , 817,) (JHALCOS. CHALras. •' The iSeps, or the Chalcidian Lizard of Aldrovan- dus, is rather a serpent than a lizard, though it has •bur small legs, and paws divided into feet.'" III. A species of Fish," incoireetly made by some to be the Clupea Harengus, L., or Herring. It is, in fact, the Clupea finta. Guv., belonging, however, to the great Herring tribe. The ancients speak of their Chalcis as resembling the Thryssss and Sar- dines. According to thum, it moved in large num- bers, and inhabited ni)t. only the sea, but also fresh water "Wo find mil lung," observes Griffith, "in *he writings of the Greeks and Romans, which ap- pears to indicate that these nations were acquaint- ed with the Herring. The fishes of the Mediterra- nean must, in fact, have been nearly the only spe- cies of the class which they could observe or procure with facility, and the Herrings are not among the number of these. This fish, therefore, is neither the halec or lialex, nor the mcenis, nor the bucomanis, nor the gcnis of Pliny. The /iaivi^ of Aristotle, named alec by Gaza, and the mcena of Phny, belong to the menidss of the animal kingdom.'" ♦CHALCI'TIS (xaXKlTii), called also Son and Misy {aapc, /lim*), a fossil substance impregnated with a salt of copper, and used by the ancients as a styptic application. Dioscorides says, "the best Ckalcitis resembles copper, is brittle, free from stones, not old, and having oblong and shining veins." •' Sprengel thinks," observes Adams, " that there is a difference between the Chalcitis of Pliny and that of Dioscorides. The latter he looks upon to be a sulphate of iron ; the other an arseniate of copper, in his History of Medicine, he calls the XaXicavBoc, Blue Vitriol ; the ;i:aAKtTif, lied Vitriol ; and the fiiav, Yellow Vitriol.' The following ac- count of these substances is from a person who appears to have been well acquainted with them. ' Chalcilis, Misy, and Sori are fossil substances, voiy much resembling each other both in original and virtues. Galen says he found these things in the mines, lying in long strata upon each othei', the lowest stratum being Sori, the middle the Chalcitis, and the uppermost the Misy. These fossil sub- stances are now rarely found in apothecaries' shops, being to be had nowhere else but in Cyprus, Asia Minor, or Egypt.' "° According to Dr. Hill, the Chalcitis is properly a mixed ore of cupreous and ferruginous vitriols, still very frequent in Turkey, where it is used as an astringent and styptic. The Misy, he says, differs from it in containing no cu- preous vitriol, but only that of iron. The Sori, called Rusma by the moderns, he says, is an ore of vitriol of copper, and contains no iron.' ♦CHALCOS (xakKoi), the same with the ^s of the Romans, and, therefore, a sort of Bronze. ( Vid. J&s.) The term, however, is often applied to na- tive copper.' Dr. Watson has made it appear that the Orickalcum (opeixaTucov) was brass, or a mix- ture of copper and zinc, made by the union of as and Cadmia.' The ;i'QA)cof itsKavfihoQ of Dioscori- des, according to Geoffrey, is copper calcined in a reverberatoiy furnace. The ;(;aA'cof axapla. Squama arts, or flakes of copper, he adds, is little else than the as ustum, being only the particles of burned cop- per which fly off when it is hammered. The avBog roXKou, or Flos leris, was fine granulated copper.'" The following is Geoffrey's description of it, which. Bays Adams, is, in fact, little more than a translation of Dioscorides' account of the process. " It is no- thing but copper reduced to small grains like miUet- 1. (Adams, Append., s. v.)— 2. (Aristot., iy., 9.— .Lilian, N. A.I 11.)— 3. (Griffith's Cuvior, vol. X., p. 478.)— 4. (Dioscor., v., 115.— Plin., H. N., xxxiv., 29.)— 5. (Sprengel, Hist. Med., v., 4)— 6. (GeoSlov's Works.)- 7. (Adam.<, Append., s. v.)— 8. (Diod Sir i., 33.) — 9. (Chemical Essays. — Uostock's Transla- tion of the 33d Book of Pliny.)— 10. (Hill's Hist, of the Materia Medica.) seed, which is done by pouring cold w ater upori melting copper, which thereupon flies everywhere into grains." From this description of it, remarks Adams, it will appear that the following account of the Flos aris, given by Kidd, is inaccurate, and we give it merely to caution the reader not to be misled even by such a high authority : " In the spontane- ous formation of sulphate of iron, the pyrites finst loses its splendour, then swells and separates into numerous fissures. After this, its surface is partial- ly covered with a white efflorescing powder, which is the Flos ccris of Pliny.'" *CHALCOPHO'NOS (;i;aXKo^i?Aov), the herb Cham- omile. The Greek name means " ground apple," from the peculiar apple-perfume of the flowers. The term comprehends the Anthemis noh'lis, and probably some other species of Chamonuii' In modern Cyprus this plant is called irairomi.. It is frequently met with in the islands, and tlowers ear- ly in the spring, according to Sibthorp.' *GHAM.iE'PITYS (xaiiamirvc) , the herb Ground pine. (Vid. Abiga.) ♦CHAMEL(E.4. (xa/iiXata). " Doiioilffiiis states correctly," observes Adams, " that Scrapie and Av- icenna confounded both the Chamelaa and Chama- Icon together, under the name of Mazerion ; and it must be admitted, that the learned commentators on the Arabian medical authors have not been ablo entirely to remove this perplexity. According lo Sibthorp, the Daphne oleoides is the species wliio'n has the best claim to be identified with the ancient Chameltea. Matthiolus, and the writer of the arti cle on Botany in the Encyclnpedie Meihodique, refei it to the Cneorum tricoccon."^ *GHARAD'RIUS (xapildptos), the name of a sea bird described by Aristotle' and .-Elian.' It is sup- posed to have been the Dalwilly, or Ring Plover, the Charadrius hiaticula, L. Mention is also made of it by Plato, Aristophanes, and, Plutarch. The scholiast on Plato says that the sight of.itjwas b<': lieved to cure the jaundice.' ; ■ ; ■ ' ♦CHELIDONTUM {x^?ii66vLov), a plant of which two kinds are mentioned, the Chelidonium majuilfit Greater Celandinejand the C. minus, or Ranuncw lusficaria, the Figwort,- popularly called the Lesser Gelandine, under which. name, says Adams, it has been celebrated by the muse of Wordsworth.') *CHELrDON (xe'kLSdv), I. the Swallow. (Kii HiRUNDo.) II. The Flying-fish, or r?%/a »o/Jtens. *CHELO'NE ix^T^ovri). the Tortoise. (I^!(2,Te»- THDO.) CHARIS'TIA. The charistia (from x^p'^iop^^' to grant a favour or pardon) was a solemn feast, to which none but relatives and members, of the same family were invited, in order that any quarrel or disagreement which had arisen among them might be made up, and a reconciliation effected." Tlie day of celebration was the viii. Gal. Mart., or the 19th of February, and is thus spoken of by Ovid : 1. (Gviffit).'i Cuvier, vol. ix., p. 235.) — 2. (Dioscov., iii., 144. — Adams, Aj^<'X<'Vov of Theophras tus'). The modem Greeks use the Chenopodium as a good remedy for wounds, and call it iravuKia." The Chenopodium bolxys has a balsamic perfume, and yields an essential oil, which renders it tonic and antiscorbutic. Sibthorp found it between Smyr- na and Brousa, on the banks of the streams." The seed resembles a cluster of grapes, and has a vinous smell, whence the name hotrys {^drpv;, " a cluster"). The most important property possessed by the Gooselbot tribe is the production of soda, which some of them yield in immense quantities." CHERNIPS,_CHERNIBON (xepvif, x^pvi-Sov, from xsip and vitttu), signifies the water used for ablution and purification, or the vessel which con tained it." A marble vase containing lustral water was pla- ced at the door of both Greek and Roman temples, which was applied to several purposes. The priest stood at the door with a branch of laurel'* or olive 1. (Rhemn. Fann., v., 77.) — 2. (Hussey, A.DC. Weights, Money, dec.— Wurm, De Pond., &•:.)— 3. (Etyir.. Mag.)— 4 (Nicostratus, ap, Athen., xi., 48.— Etym. Mag., s. v. .^UKi/Of.)-^ 5. (Lucian, Ver. Hist., 41.— .Tup. Trag., 47.)— 6. {Millii, Diet des Beaux Arts.)— 7. (ii., 145.)— 8. (II. N., xr., 20.)— 9. (H..p» vii., 1.)— 10. (Billerheck, FloraGiteca, p. 62,l.-ll (BiUnrbeck 1. c.)— 12. (Lindley's Botany, p. 165.)— 13. (Pl.ivorinns Elyn M-iS,, s. T. Affiot.— llosych 1—14. (Ovid, Faj,t., v., 079 ) ait CHIRAMAXIUM. CHIROGRAPHUM. tree' in his hand, which he dipped into the water, and sprinlded as a purification over all who entered. Instead of these branches, the Romans used an in- strument called aspergillum for the purpose, the form of which is frequently met with upon medals and bas-reliefs. Another Greek rito was performed by the priest taking a burning torch from the altar, which he dip- ped into the lustral water (,xipvnp), and then sprin- klsd it over the by-standers." Water was also sprin- kled over the head of the victim as an initiation to the sacrifice ; hence the expression x^pviSa^ vt/ieiv,' " to perform a sacrifice," and x'^i-''"'iv u/ii-i ii., 616.)- 5. (Orat. in Cat., ii., 10.)— 6. (Sneton., Calig.,59.) —7. (Lucian, Jov. Trag.)— 8. (Colum.,i., 8; xi., 1.)— 9. (Hu canville. Ant Etnisq., t. ii., p. 113.)— 10. (in Verr., iii., Sd > CHIiiURGIA. CHIRTJR(ilA. I'jough with a difierent object) to pay a debt which had never been actually incurred. The cMrogra- pAam was kept by the creditor, and had only the debtor's signature ; the syngrapha, on the contrary, was signed and kept by both parties. In the Latin of the middle ages,' chirographum was used to signify tribute collected under the sign- manual of a person in authority, similar to the briefs and benevolences of former times in our own coun- try. It was also used,' till very lately, in the Eng- lish law for an indenture. Duplicates of deeds were written on one piece of parchment, with, the word eltirographum between them, which was cut in two in a straight or wavy line, and the parts given to the care of the persons concerned. By the Canon- ists, Blackstone remarks, the word syngrapka or syngraphus was employed in the same way, and hence gave its name to these kinds of writing. CHIRU'RGIA CifbAMYS. CHLOREUS. yenty years ot age.' It was also worn by the mll- iry, Copeciady o( high rank, over their body-armour TOodcut, p. 133'), and by hunters and travellers, ore particularly on horseback.^ The scarfs worn by youths, by soldiers, and by inters differed in colour and fineness, according 1 theii Jestinat/on, and the age and rank of the earer. ' The xf^^f-^i ii^Ti^mri was probably yelloW or iffron-joloured, and the x^^j^^S aTpanaTMri, scarlet. n the athcr hand, the huriter commonly went out I A S'rarf of a dull, uncOnspicubus colour, as best iapted to escape the notice of wild animals.* The lore ornamental scarfs, being designed for females, ■ere tastefully decorated with a border (Umbus,^ ^eander^) ; and those worn by Phoenicians, Tro- ins, Phrygians, and other Asiatics were also em- roidered, or intervtoven with gold.' Actors had leir chlamys ornamented with gold.' Demetrius, le son of Antigbnas, imitating the utmost splen- BUr of the Asiatics, Wore a scarf in which were jpresented in gold thread the stars aiid the twelve' igns of the zodiac* The usual mode of wearing the scarf was to pass ne of its shorter sidfes (a, d) round the neck, and ) fasten it by means of a brooch (fibula), either ver the breast (woodcuts, p. 47 186), in which ase it hung down the back, reaching to the calves f the legs, as in thepreceding figure of the young ithenian, or even to the heels;'" or over the right boulder, so as to cover the left arm, as is seen in le preceding figure of MercUry, in the Wobdcut to lAnsiA; and in the well-known example of the Bel- idere Apollo. In other instances '/; v/as rhade to epend gracefnlly from the left shoulder, of which !ie bronze Apollo in the British Museum (see the nnexed woodcut) presents an example {pmr rmdus, iai quodr epkebica chlamydc sinistrum tegebat hume- !/»».- 1 ; or it was thrown lightly behind the back. " Chlamydemgue, ut pendeat aple, Collocat : ut lin.bus, toiumque appareat aur'im.^ The aptitude of the scarf to be turned in eveij possible form round the body, made it useful even for defence. The hunter used to wrap his chlamys about his left arm when pursuing wild animals, and preparing to fight with them ' Alcibiades died fight- ing with'his scarf rolled round his left hand instead of a shield.' The annexed woodcut exhibits a fig md passed over either one arm or shoulder.or over loth (see the second figure in the last woodcut, ta- [en from Hamilton's Vases, i., 2) ; 'or,lastly, it was aid upon the throat, carried behind the neck, and crossed so as to hang down the back, as in the fig- ire of Achilles (p. 133), and sometimes its extrem- ties were again brought forward over the arms or ilioulders. In short, the remains of ancient art of ivery description show in how high a degree the learf contributed, by its endless diversity of arrange- nent, to the display of the human form in its great- ist beauty ; and Ovid has told us how sensible the iphebi were of its advantages in the following ao- ionnt of the care bestowed upon this part of his at- ;ire by Mercury : ure of Neptune armed with the' trident in his right hand, and having a chlamyS to protect the left. It is taken from a medal which was struck in com- memoration of a naval victory obtained by Demetri- us Poliorcetes, and was evidently 'designed to ex- prefes his sense of Neptune's succour in the conflict. When Diana goes to the chase, as she does not re- quire her scarf for purposes of defence, she draws it from behind over her shoulders, and twists it round her W'aist, so that the belt of her qhiver pass- es across it, as shown in the statues of the gOddesa in the Vatican (see woodcut); and described by No- mesianus.' (^VH. Balteh's.) It appears from the bas-reliefs on marble vases that dancers took hold of one a:nother by the chla- mys, as the modern Greeks still do by theii- scarfs or handkerchiefs, instead of ' taking one another's hands. In like manner, Mercury, When he is con- ducting Plutus in the dark, bids him to take hold of his chlamys in order to follow his steps.* The scarf admitted also of being used to recline upon. Thus Endymion is represented, both in aticient paintings and sculptures, and in the description of Lucian,' sleeping on his chlamys, which is spread upon a rock. (,Vid. Pileus:) ■ Among the Romans, the scarf came more into use under the emperors. Caligula wore one enriched with gold.* Alexander Severus, when he was in the country or on an expedition, wore a scarf dyed with the coccus {cMamyde.cocr.inea'). CHLOEIA or CHLOIA (XMem or X;iom), a fes tival celebrated at Athens in honour of Demeter Chloe, or sirhply Chloe, Whose temple stood near the Acropolis.* It was solemnized in spring, on the sixth of Thargelion, when the'blossoms began to ap- pear (hence the names xTtoTjani x^-^'^^")' '^^'th the saci-ifice of a ram, and much mirth and rejoicing.' •CHLOREUS or CHLOR'ION {xTlup^c, x^"P- luv), two names belonging, probably, to one and the Same bird, the Golden Oriole, oi^ OrioHs' gaWula, L .(Elian errs when he calls the female xAupi'f an<( the iTiale ;i;/l^ixtiyTac^, KVKTilfyi x^pQt ^^' krjTalc autSpdaiv), &c. He had first to collect his chorus, and then to procure a teacher (xopoStSdaKa- Aof), whom he paid for instructing tlie choreutae. The choragi drew lots for the first cliuice of teach- ers ; for as their credit depended upon the success of their chorus in the dramatic or lyric contests, it was of great importance to them whose assistance they secured.'" When the chorus was composed of boys, the choragus was occasionally allowed to press children for it, in case their parents were re- fractory." The chorus were generally maintained, during the period of their instruction, at the expense of the choragus, and he had also to provide such meat and drink as would contribute to strengthen the voice of the singers (Oi de x^? raaaeaSe. This explanation of the word xop^i is impoitant, from its connexion with the idea of a primitive cho- rus. In the oldest times the chorus consisted of the whole population of the city, who met in the public place to offer up thanksgivings to their coun- try's god, by singing hymris and performing corre- sponding dances. The hymn, however, was not s.ung by the chorus, but some poet or musician sang or played the hymn, and the dancers, who formed the chorus, only allowed their movements to bo guided by the poem or the tune. The poet, there- fore, was said to "lead off the dance" (£fop;(t»' l^oXTiijc), and this was said not merely of the poet,'- but also of the principal dancers;'" and even the leader of a game at ball is said upxsoBai fuilm- From this it will be seen that the words fieXmcBat and fioTin^, when used in speaking of the old chorus, imply the regular, graceful movements of the dan- cers ;" and the eumolpids were not singers of hymns, but dancers in the chorus of Demeter and Dionysus. This old chorus, or the chorus proper, was always accompanied by the cithara, the lyre, or the phur- minx, which were diflferent kinds of stringed instru- ments ; when the accompaniment was the flute, it was not a chorus, but an ayi.aia or a KOfiog, a mucli more riotous affair, which was always rather of the nature of a procession than of a dance, and in which there was often no exarchus, but every one joined into the song or cry of joy at his pleasure. Such a I. (New Cratylns, p. 361.)— 2. (Od., viii., 260.)— 3. (1., 2H' —4. (xii.,4.)— 5. (1., 318.)— 6. (Pausan., iii., 11, « 9.)^7. (An- axandrides, ap. Athen., p. 131, C.) — 8. (Oracul. ap. DemMll'.. Mid., p. 531.)— 9. (01., vii., 18.)— 10. (v., 976>-ll (Sre Ihi passages quoted in the Tlieatre of the (jreelia, 4tn edititin. F 21.)— 12. (II., xviii., 604.)— 13. (11., ivi., 182.— Hymn. IVt Apoll., 19.) ClIOKUS. CHORUS onats ivas the hymenseal or bridal procession, though this seians to have been a mixture of the rhorus and the coiuus, for the harp and a chorus of damsels are meiiiiuned in the descriptions of it by Homer and lli'smd. Ttie former merely says,' " A hmd hymei.titvi a'ose; young men slcilled in the dance moviii jiuiimd; and among them flutes and harps resouiidpd" (avkol, 0a^ijov, though this in strictness belongs to the Ox-eyed Daisy, tor Chrysanthemum leucanthemum. Fee thinksthat Vir. gil means the C. coronarium by the Chrysanthui of which he speaks in the Culex.' The raodernGreekj call this plant Tfjrfi/ifidAa, and in the Archipelago, UavraMva. Sibthorp found it among tiie villages, and by the margins of roads.' *CHRYSELECTRUM {xpvcv?.eK7pov.), a variety of Amber. Fourcroy calls it "transparent amber of a golden yellow colour."' *CHRYSELECTRUS (xpvov^cKrpoc). a name applied to the Indian Chrysoliths (Yellow S.ipphire, or Oriental Topaz), having a foil of brass laid under them, and hence approaching in their colour ttf amber, or electrum.' CHRYSE'NDETA, costly dishes used by the Romans at their entertainments. They are men- tioned several times by Martial,' and, from the epi- thet /om which he applies to them, as well as from the analogy of the name, they appear to have been of sUver, with golden ornaments. Cicero'" men- tions vessels of this kind. He calls their golden ornaments in general sigilla, but again distinguish- es them as erusti'°M')' ^ species of Toadflax, the lAnaria Linosyris of Bauhin, which is the same with. the Chrysocome lanosyris, L. Pliny says it wants: a; proper appellation in the Latin lan- guage. AnguUlara and Matthiolus were unable to determine what kind of plant it was." *CHRYSO'LITHUS (;(;p,«(To;iieof), a Precious Stone, the same with the modern Topaz. Its pre- vailing colour is yellow, whence the ancient appel- lation. The ilievdoxpva6?[,i8oc vfas stained crystal' " The name Chrysolithus," remarks Dr. Moore, " ap- pears to have been applied somewhat loosely by the indents, I as the modern term is, to a great variety of minerals. The Chrysolites obtained from Ethi- opia were ' aureo futgore iranslucentes ;' but to these were preferred the Indian, which may have been the yellow sapphire, or Oriental topaz. The best were set open. Underneath others a foil of brass Tvas laid. These were called chryselectri, whose solour approached to that of amber (electrum). Those of Pontus might be distinguished by their lightness. They were, perhaps, yellow quartz, the Bohemian topaz ; or yellow fluor spar, the false to- paz , whose specific gravities are to that of the Ori- ental topaz as three and four respectively to five. The Chrysolite obtained in Spain, from the same locality with rock-crystal, we may suppose was yel- low quartz. Such as had a white vein running through them, called hence leucochrysi, were proba- bly agate ; yellow quartz with a vein of chalcedony ; and the capnitz we may translate smoke-topaz. Some resembled glass of a bright saffron colour ; and those made of glass could not be distinguished by the sight, but might be detected by the touch (of the tongue, no doubt), as being warmer."' *CHRYSOME'LUM ( xfyoao/iv^ov), according to Billerbeck, the sweet Orange, and not a species of Quince, as it is sometimes styled. It is a variety of the Citrus Aurantium, L.' ♦CHRYSO'PIS (;j-pti(rumf), a species of Precious Stone, having,' according to Pliny, the appearance of gold. Dalecarap takes it for Hyacinth." ♦CHRY'SOPHRYS (xpva6(ppv(), a large species of Fish, answering to the Gilt Head or Gilt Poll, the Sparus auraU, L. The Greek name, which means ' golden eyebrow," was given to it on account of a crescent-shaped band of a golden hue extending from one eye to the other. Du Hamel says its flesh is delicate, but rather dry ; according to Xen- oorates, it is firm and nutritious. •' With the ex- 1. (v., 102.)— 2. (H. N., xxxiii., 35.)— 3. (Moore's Auc. Miu- eraiogy, p. 61.) — 4- !H. N., xnxiii., 2S(.)— 5. (Adams, Append., n V ) 6. (Dioscor., ' '., 55. — Adams, Append., s. v.) — ?.■ (lliod. Sic' ii 51.)— 8. (A •-«. Mineral., p. 170.)— 9. (Billerbeck, Flora Claiioa, p. 132.)—' 1. (Plin., II. N., xxxvii., 10.) ception of the bright band between the eyes, we ijaii find nothing in the Chrysophrys of the ancients," observes Griffith, " that is absolutely characteristic of the modern fish of the same name ; though, at the same time, we find nothing which can give rise to exclusion; According to Aristotle, the chryso- phrys has two pairs of fins ; its pyloric appendages are few in number ; it remains close to the coasts, and in salt marshes or pools ; it spawns in summei , and deposites its eggs at the mouths of rivers ; tlio great heats oblige it to conceal itself; the cold also causes it to suffer ; it is carnivorous, and the fish- ermen take it by striking it with a trident while asleep. JSlian tells us that it is the most timid of fishes : some branches of poplar, implanted in the sand during a reflux, so ten-ified the chrysophrys which were brought back by the flood, that on thi? succeeding: reflux thev did not dare to move, anil suflljred themselves to be taken by the hand. That the Aurata of the Latins was the same fish as the Chrysophrys of the Greeks, is evident from a pas- sage in Pliny, which is manifestly taken from Aris- totle, and where the first word is put as a transla- tion of the second. Columella tells us that the Aurata was of the number of those fishes which the Romans brought up in their vivaria; and even the inventor of vivaria, Sergius Orata, appears to have derived from this fish the surname which he bore, and which he leftito his branch of the family. It was, above all, the Aurata of the Lucrine lake that the Romans esteemed ; and Sergius, who obtained nearly entire possession of that lake, in all probabil- ity introduced the species there."' *CHRYSOPRASTUS LAPIS (xpvaoivpaaoeX tho Chrysoprase, a precious stone, resembling in colour the juice of the leek (Trpauor'), but with somewhat of a golden tinge (xpiao^, '* gold"), whence the name given it. What is now called Chrysoprase, however, by Jameson and Aiken, could hardly, as Adams thinks, have been known to the ancients, since it is lound only in Lower Silesia. It is com- posed almost entirely of silex, with a small admix ture of nickel, to which it owes its colour. The Chrysoprase of the ancients, on the other hand, was most probably a variety of the Prasus." CHTHON'IA (Xdovia), a festival celebrated at Hermione in honour of Demeter, surnamed Chtho- nia; The following is the description of it given by PauSanias :' " The inhabitants of Hermione cel- ebrate the Chthonia every year, in summer, in this manner : They form a procession, headed by the priests and magistrates of the year, who are follow- ed by men and women. Even for children it is customary to pay homage to the goddess by joining the procession. They wear white garments, and on their heads they have chaplets of flowers, which they call KoaiioauvdaXoi., which, however, from their size and colour, as well as from the letters inscribed on them, recording the premature death of Hyacinthus, seem to me to be hyacinths. Behind the procession there follow persons leading by strings an untamed heifer, just taken from the herd, and drag it into the temple, where four old women perform the sacrifice, one of them cutting the animal's throat with a scythe. The doors of the temple, which (luring this sacrifice had been shut, are thrown open, and persons especially appointed for the purpose lead in a second heifer, tijen a third and a fourth, all of which are sacrificed by the matrons in the manner described. A curious circumstance in this solem-. nity is, that all the heifers must fall on the same side on which the first fell." The splendour and lich offerings of this festival are also mentioned 1. (Ariatot., H. N., i., 5. — .^lian, iV. A., xiii., 28.— o-iviet An. King., vol x., p. 163, 312, cd. Griffith ) ~2. (Adso,«, Ap. pend., s. V.) — 3. (ii., 35, i 4.) 249 OICADii CIMEX by yKlian,' who, however, makes no mention of tlie matrons of whom Pausanias speaks, but says that the sacrifice of the heifers was performed by the priestess of Demeter. The Lacedaemonians adopted the worship of De- meter Chthonia from the Hermioneans, some of whose kinsmen had settled in Messenia ;" hence we may infer that they celebrated either the same festival as that of the Hermioneans, or one similar to it. CH \?TRA (;i;vTpa), an earthen vessel for common ise, especially for cooking. It was commonly left unpainted, and hence all unprofitable labom' was de- Bcribed by the proverb x^Tpn-v •KoiKiXlewJ' *CIOA'DA (rerrif), a species of Insect, frequent- ly mentioned by the classical writers. According to Dodvv^ll,'',it is formed like a large fly, with long transparLnl wings, a dark brown back, and a yellow belly. It is originally a caterpillar, then a chrysa- lis, and is converted into a fly late in the spring. Its song is much louder and shriller than that of the grasshopper, as Dodwell terms the latter. This wri- ter says that nothing is so piercing as their note ; nothing, at the same time, so tiresome and inhar- monious ; and yet the ancient writers, and espe- cially the poets, praise the sweetness of their song ; and Plutarch^ says they were sacred to the Mu- ses. According to ^lian," only the male Cicada sings, and that in the hottest weather. This is confirmed by the discoveries of modern naturalists. The Cicada is extremely common In the south of Italy. It is found also in the United States, being called in smne parts " the Harvest-fly," and in otli- erii, very erroneously, " the Locust." The Cicada has a sucker instead of a njouth, by which it lives entirely on liquids, such as dew and the juices of plants. The song of the Cicada, as it has been called, is made by the males for the purpose of call- ing to their females in the season ol' reproduction, and it is made by the action of certain muscles upon two membranes, turned in the form of a ket- Ue-dram, and lodged in the cavity of the belly. Sev- eral species of Cicada axe described by Aristotle,' Suidas, and .lElian," but more especially two, name- ly, ol fisyakoi Tsmycc, ol (Jdovref, called also axcrat, and ol jimpoi, called also reTTiyovia. The former would appear to be the Cicada plebeia, the latter the Cicada orni. This insect is called Cicale in Italian, and CigaXe in French. " The Tettix," ob- serves Kirby, " seems to have been the favourite of every Grecian bard, from Homer and Hesiod to Theocritus. Supposed to be perfectly harmless, and to live only on the dew, they were addressed by the most endearing epithets, and were regarded as all but divine. So attached, indeed, were the Athenians to these insects, that they were accus- tomed to fasten golden images of them in their hair, implying, at the same time, a boast, that they themselves, as well as the Cieadae, were UerrcB filii,' or children of the earth."' Anacreon, in one of his odes,'° says of the Tettix, that old age wastes it not away. In this he has reference to the fable of I'ithonua, the favourite of Aurora, who, having wished for immortality, without having asked, at the same time, for perpetual youth, be- came so decrepit, that Aurora, out of compassion, changed him into a tettix, because this insect, as the ancients believed, laid aside its skin every sum- mer, and thus renewed its youth. The truth is, the Tettix or Cicada, like all the other species of the 1. {H. A., xi., 4.)— 2. (Pans., iii., 14, 4 5.)— 3. (Athon., ix., p. 407 — Suidas, s. v. XvTfla and "Ovov irdnat. — Panoflin, Recher- ches, &c., i., 28.)— 4. (Travels in Greece, vol. ii., ji. 45.) — 5. (Sympos. Prol)l., 8.) -6. (\. A., 3:i.,S6.)— 7. (H. A., iv., 3.)— 8. (N. A., X., 44.)— 9. (Griffith's Cuvier, vol. xv , p. 254.)— 10. «)d iliii., 15, ed. Fischer.) 250 Gryllus, though existing but for a single season since it dies at the close of the sumuier, casts its skin in the same manner as the caterpillar, and deposites in the fields a membrane so accurate- ly true to its entire shape, that it is often mistaken, at first sight, for the Tettix itself. The belief that this insect was indigenous, or, in other words, sprang from the very earth, appears to have arisen from the circumstance of large numbers being seen immediately after showers, though not visible pre- viously. *CICER. {Vid. Eeebinthus.) ♦GICHORIUM. (Vid. Intybum.) •CICI (/cJKj), a plant, the same as the JHamm Christi or Ricinus communis. "This plant," ob- serves Woodville, speaking of the Palma Christi, "appears to be the kIki, or Kporav of Dioscorides, who observes that the seeds are powerfully cathar- tic : it is also mentioned by Aetius, Paulus ^glneta, and Phny."' *CICONIA, the Stork. {Vid. Pel.ikgos.) ♦CIGU'TA, Hemlock. {Vid. Coneion.) CI'DARIS. (Fid. Tiara.) CILI'CIUM (.Sii>/>ig), a Haircloth. The material of which the Greeks and Romans almost universal- ly made this kind of cloth, was the hair of goats, The Asiatics made it of camel's-hair. Goats were bred for this purpose in the greatest abundance) and with the longest hair, in Cilicia ; and from this country the Latin name of such cloth was derived: Lycia, Phrygia, Spain, and Libya also produced tlit same article. The cloth obtained by spinning and weaving goat 's-hair was nearly black, and was iise'3 for the coarse habits which sailors and fishemion wore, as it was the least subject to be destroyed by being wet ; also for horse-cloths, tents, sacks, anil bags to hold workmen's tools {fabrilia v'asa), and for the purpose of covering military engines, and the walls and towers of besieged cities, so as to deaden the force of the ram (»id. Abies)) and to preserve the woodwork from being set on fire. ' Among the Orientals, sackcloth, which was wiih them always haiiclolhi was worn to express morti- fication and grief. After the dechne of the Roman power, it passed from its other uses to be so em- ployed in Europe also. Monks and anchorites al- most universally adopted the cilicium as fit to be worn for the sake of humiliation, and they sup- posed their end to be more completely attained if this part of their raiment was never washed. Hence Jerome," describing the life of the monk Hi- larion, says of his hair shirt, " Saccum, quo ,S',mc\ fuerat indutus, num/uam lavans, cl svperfiHuM tsst dicens, mundifias in cilicia qvcsrere.'' ' *CIMEX (/co/jif), the Bug. under which name many species are included by the ancients, which modern naturalists have distinguished from one another. Aristotle makes the Kopjf to be engen- dered by the vapory secreti(}ns from the skins of animals. Pliny,' after calling the Cimcx " animal fmdissimwm, ct dicta quoquc faslidiendum" (where he evidently alludes to the Cimex UctulariiiSi m bedbug), goes on to state some marvellous uj.e» of this insect in the healing art. It was considprtd an excellent remedy against the bite of serpents and especially of asps : fumigations made wilt cimices caused leeches to loosen their hold ; and if any animal had swallowed leeches in drinking, cimices, taken internally, served as a cure. Thej were good for weak eyes when mixed with salt ami the milk of a female, and for complaints of the earl 1. (Dioscor., iv., 161.— Adams, Append., s. v.) — 2. (Aristot. H. A., viii., 28.— .lElian, N. A., xvi., 30,— Varro, Or Re Rust ii 11.— Virff., Georg., iii., 322.— Avieni, Ola Marit., 218-221.-, Veget-iis. Ars. Vet., i., 42.)— 3. (Epist., lib. iii.)— 4. (11. N xxi- 4 umCJIV LEX, clnnabauis. when mingled with honey and oil of roses. Nu- merous other medical virtues were ascribed to them, which, lilte the preceding, were purely fabu- lous, although Guettard, in modern times, recom- mends them in hysterical cases.' *CIMOL'IA TKHRA (Ki^oA/a yii), Cimolian liarth, so called from the island Cimolus, one of the Oyclades, whence it was principally obtained, al- though found also in other of the adjacent islands, particularly Siphnus. It was used by the ancients in cleaning their clothes, pretty much in the same way as fuller's earth is now employed. The ancients nsed it likewise in medicine ; Galen speaks of it as good in St. Anthony's fire ;' and Dioscorides" high- ly commends it, mixed with vinegar, in swellings, inflammations, and many other external affections. (The ancient writers mention two kinds of Cimolian Earth, a white and a purplish. Galen says that the white kind was dry, and the purple fattish, and that the purple was accounted the better of the two. Dioscorides says that the purple kind was cold to the touch, a particular very observable in steatites. " Many authors," remarks Sir John Hill, " have ranked Cimolian Earth among the clays, and Tour- nefort makes it a chalk ; but it appears to me to have been neith'-r of these, but properly and dis- tinctly a marl. Many have imagined our fuller's earth to have bfEn the Cimolian of the ancients, but erroneously ; the substance which comes near- est it of all the now known fossils, is the steatite of the soap rock of Cornwall."* *CIN'ARA (litvupa), the Artichoke. The Cinara acolymus, our common artichoke, is described in dis- tinct terms in Columella, and he is the only ancient author that has done so.' CrNCIA LEX, or MUNERA'LIS. This lex was a plebiscitum passed in the time of the trib- une M. Cincius Alimentus (B.C. 204), and entitled De Donis et Muniribus.' One provision of this law, which forbade a person to take anything for his pains in pleading a cause, is recorded by 'Taci- tus,^ '* Nc quis ob causam orandam pecuniam donumve accipiat." In th/j time of Augustus, the lex Cincia was confirmed by a senatiis oonsiiltum,' and a pen- alty of four tim.fjs the sum received was imposed on the advocate. This fact of confirmation will explain a passage in Ticitus.' The law.was so far modified in the time cf Claudius, that an advocate was allow- ed to reoeivo ten sestertia ; if he took any sum be- yond that, he was liable to be prosecuted for repe- tundee {rcj'etunilarum. tenebatur^'). ( Vid. Repetun- D^E.) It appears that this permission was so far re- stricted in "Trajan's time, that the fee could not be paid till the work wSs done." So far the Cincian law presents no difficulty; hut it appears that the provisions of the law were not limited to the case already stated. They ap- plied, also, to gifts in general ; or, at least, there were enactments which did limit the amount of what a person could give, and also required gifts to be accompanied with certain formalities ; and it Ices not seem possible to refer these enactments to any other than the Cincian law. The numerous contradictions and difficulties which perplex this subject are, perhaps, satisfactorily reconciled and removed by the following conjecture of Savigny :" " Gifts which exceeded a certain amount were only valid when made by raancipatio, in jure cessio, or by tradition : small gifts, consequently, were left to I person's free choice, as before ; but large gifts (ex- 1. (Plin., ed. Panckouck. vol. xvii., p. 346.)— 2. (Galen, De Simpl., ix.)— 3. (v., 175.)— 4. (History of Fossils, pre- vent fraud. This was effected by declaring that certain forms were necessary to make the gift valid, such as mancipatio and in jure cessio, both of \yliich required some time and ceremony, and so allowed the giver opportunity to reliect on what he was doing. These forms, also, could not be observed, except in the presence of other persons, which was an additional security against fraud. It is true that this advantage was not secured by the law in the case of the most valuable of things, nee mancipi, namely, money, for the transferring of which bare tradition was sufficient ; but, on the other hand, a gift of a large sum of ready money is one that peo- ple of all gifts are least likely to make. The lex, however, was a complete protection against simple stipulations; that is, mere promises to give with- out an actual completion of the promise at the time. Savigny concludes, and principally from a pas- sage in Pliny's letters,' that the Cincian law origi- nally contained no exception in favour of relatives, but that all gifts above a certain amount required the formalities already mentioned. The Emperor Antoninus Pius introduced an exception in favour of parents and children, and also of collateral kins- men. It appears that this exception was subse- quently abolished," but was restored by Constt^uine (A.D. 319) so far as it was in favour of parents and children ; and so it continued as long as the pro- visions of the Cincian law were in force. As to the amount beyond which the law forbada a gift to be made, except in conformity to its pro- visions, see Savigny, Zeitschrifi, &c., iv., p. 30. T^e mailer of the lex Cincia is also discussed iu an elaborate essay by Hasse,^ which, together wt't the essay of Savigny, will furnish the reader with all the necessary references and materials for in- vestigating this obscure subject. Anything farther on the matter would be out of place here. In every system of jurisprudence, some provis- ions seem necessary on the subject of gifts. In our own system gifts are valid as against the giver; and though the general rule be that an agreement to give cannot be enforced, this rule is subject to exceptions in the case of persons standing in a cer- tain relation to the giver. It might be conjectured that one object of the Cincian law was to prevent debtors from cheating their creditors by gifts of their property, or by pre- tended gifts; but perhaps it would be difficult to establish this point satisfactorily in the present state of our knowledge on this subject. CINCTUS GABI'NUS. (Vid. Tooa.) CI'NGULUM. {Vid. Zona.) CINERA'RIUS. (Vid. Cai.amistrum.) CI'NERES. (Fid. Funus.) CrNIFLO. (Vid. Calamistkum.) *CINNAB'AR1S (iitvva6dpic, or -<), Cinnaiiar. Martyn* writes thus concerning it : " Minium is the native Cinnabar, or ore out of which the quick- silver is drayva. Minium is now commonly used to designate red lead; but we learn from Pliny that tl e Minium of the Romans was the Millos or Cinnabari of the Greeks." Woodville says of it, " the Cinnabi- ris and Sanguis Draconis seem to have signified the same thing with the Greeks." Adams thinks that the ancients had three kinds of Cinnabar : 1st, tlie Vegetable Cinnabar, or Sanguis Draconis, being the resin of the tree called Draecena Draco ; 2d, the Na- tive Cinnabar, or Sulphuret of Quicksilver ; and, 3d, 1. (X., 3.)— 2. (Coil, nermoj., vi., 1.)— 3. (MleiniachesM"» urn, 1827.)-^. (ad Virg., Eclog., x., 27.) as I CIPPUS. CIRCUS the Sil Atticum. or Factitious Cinnabar, which was very different from ours, being a preparation of a shining arenaceous substance.' ♦GINNAMO'MUM (Kivvii/iu/iof), the Cinnamon- tree, and also Cinnamon itself It is supposed by many that tlie luwdfiujio; of the ancients was the LauTus Cinnamamum. The only objectioi. to this opinion, as Adams remarlts, is, that the latter is a native of Ceylon (the ancient Taprobane), and that it is scarcely to be believed that they could have been so familiar with a production of that island, as it appears they were with their own Cinnamon. Yet, notwithstanding this, many of the authorities, as, for example, Sprengel and Dierbaoh, hold it to be the Laurus Cinnamomum. It is probable, however, that the Laurus Cassia was often confounded with it.' Various kinds of cinnamon are mentioned by ancient .writers, such as the fioavXov, which was the best, of a dark wine colour, sometimes of a dark gray, the bark smooth, the branches small and slen- der, and having many knots ; pungent in taste, and, when warmed, somewhat saltish: thebpetvov, or mountain Cinnamon; the /leXav, or 'f black;" the Xew/cov, or " white ;" the VKdKLf)/>ov, or " yellowish ;" to which some add the xylo-cinuamomum and the pseudo-cinnamomum. The main difference between the Kivvd/tufioc: and Kaaaia appears to have been, that Ihe former far surpassed tlie latter in odour and aste ; and, in fact, Galen remarks that the highest tind of cassia did not differ much from the lowest tind of cinnamon. The best cinnamon was obr ained from the nest of a species of thrush ( TVrda* Zeilonic-us), which always built with it, and hence iras called Kivvafiu^iyoc, or "cinnamon-collector."* ',Vid. Casia.) CIPPUS was a low column, sometimes round, but more frequently rectangular. Cippi were used for various purposes; the decrees of the senate were soiiii^times, inscribed upon them ; and; with distances engraved upon them, they also, served as milestones. They were, however, more frequently employed as sepulchral monuments.* Several of such cippi ar used by statuaries, architects, masons, and carpen- ters, is often represented on the tombs of such artif- icers, together with the other instruments of theii profession or trade. The annexed woodcut i» cop- ! ied from a tomb found at Rome.' It exhibits i\*u kinds of compasses, viz., the common kmd used for drawing circles and measuring distances, and one with curved legs, probably intended to measure the thickness of columns, cylindrical pieces of wood, oi snnilar objects. The common kind is desdribed by the scholiast on Aristophanes,' who compares its form to that of the letter A. The mythologists sup- posed this instrument to have been invented by Per- dixj who was the nephew of Daedalus, and, throiiglv envy, thrown by him over the precipice'oif the Athe- nian acropolis.* Compasses of variods- forms were discovered in a statuary's house at Pompeii CIRCITO'RES. {Yid. Castra, p. 222.) CfRCUMLI'TIO. (Fia. PicTURA.) CIRCUIWLU'VIO. (FjU Alluvio.) CJIRCUITC'RES; {Yid. Castra, p. 222.) CIRCUS. When Tarquinius Priscus' had taKeii the town of Apiofe from the Latins, as related in the early Ronfiah legends, he commemorated his success by an exhibition of races and pugilistic con- tests in the Murcian valley, between the Palatine and Aventine Hills ; aroUnd which a number of tern porary platforms were erected by the patres and equites, called spectacula, fori, or foruli, from tiieir resemblance to the deck of a ship ■ each one raising a stage for himself, upon which he stood to view the games.' This course, with its surrounding scaffoldings, was termed circus; either because the spectators stood round to see the shows, or be- cause the procession and race^ went round in a cirfcuit.' Previously; however, to the death of Tar- quin, a permanent building was constructed for the purpose, with regular tiers of seats, in the form of a theatre.' To this the name of Circus Maxiraiis was subsequently given, as a distinction from the Flaminlan and other similar buildings, which it sur- passed in extent and splendour; and hence, 'to the Cainpus Martins, it is often spoken of aS tht Circus, without any distinguishing epithet. Of the Circus Maximus scarcely » vestige now h (Hor., Sat., I., viii., 12.)— 2. (Grutor, Corp. Insr,ripti,t. i., ■ part ii., p. 644.)— 3. (Nub., 178.).^. (Ovid, Met., viii., 241-251.1 —5. (Liv., i., 35.— Festus, s. v. Foriim.— Dionys., ]ii., p. 198 &c.)— 6. (Varro, De Lmg, Lat., v., 153, 154, ed. Mflller)-! (Coinpare Liv. and Dionvf ,. II. rc.^ CIRCUS CIRCUS remains beyond the palpable evidence of the site it occupied, and a few masses of rubble-work in a cir- calai form, which may be seen under the walls of some houses in the Via dc' Cerchi, and which retain traces of having supported the stone seats' for the spectators. This loss is, fortunately, supplied by (lie remains of a small circus on the Via Appia, ■Jonimonly called the Circus of Caracalla, the ground- plan of which, together with mud o( me superstructure, remains in a state of considerable preservation. The ground-plan of the circus in question is represented in the annexed woodcut ; and may be safely taken as a model of all others, since it agrees in every main feature, botli of gen- eral outline and individual parts, with the descrip- tion of the Circus Maximus given by IDionysius.' ' Eat I' ZIBE ^^m^ J Around the double lines (A, A) were arranged (he seats (gradus, sedilia, subsellia), as in a theatre, termed, collectively, the cavea, the lowest of which were separated from the ground by a podium, and the whole divided longitudinally byxpracinctioncs, and diagonally into cimei, with their vomitoriaat- tached to each. Towards the extremity of the up- per branch of the cavea, the general outline is bro- ken by an outwork (B), which was probably the pulmnar, or station for the emperor, as it is placed ia the best situation for seeirg both the commence- moBt and end of the course, and in the most prom- inent part of the circus.'' In the opposite brancn is observed another interruption to the uniform line of seats (C), betokening also, from its construction, a place of distinction, which might have been as- signed to the person at whose expense the games were given {editor spectaculorum). In the centre of the area was a low wall (D), run- ning lengthways down the course, which, from its resemblance to the position of the dorsal bone in the human frame, was termed spina.' It is repre- sented in the woodcut subjoined, taken from an an- cient bas-relief. At Aach extremity of the spina were placed, upon a base (E,' E), three wooden cylinders, of a conical ehapey like cypress-trees (metasque imitata- cupres- tus'), which were called mete— the goals; Their situation is distinctly- seen in the preceding wood- cut, but theii form is more fully developed in the t. lluot)-! , I. c.)— a (OviJ. Met., X., 108.— Coinpare Kin. If k.. XVI., f.'i) one annexed, copied fr(nri a marble in the Britisn Museum.* I Th« most remarkable object upon the spina were two columns I (.F) supporting seven conical balls, which, from their resemblance to eggs, were called ova.' These are seen in the woodcut representing the spina. Their use was to enable the spectators to count the number of rounds which had been run ; for which purpose they are said to have been first introduced by Agrippa,' though Livy speaks of them long before.' They are, therefore, seven in num- ber, such being the number of the circuits made in each race ; and, as each round was run, one of the ova was put up" or taken down, according to Varro.' An egg was adopted for this purpose in honour of Castor and Pollux.'" At the other extremity of the spina were two similar columns (G), represented also in the woodcut over the second chariot, .sus- taining seven dolphins, termed ddphinm, or delphi- narum columna,'^ which do not appear to have been intended to be removed, but only placed there as corresponding ornaments to the ova ; and the figure of the dolphin was selected in honour of Neptune.'* In the Lyons mosaic, subsequently to be noticed, the delphince are represented as fountains spouting 1. (Hi., p. 192.)— 2. (Suet., Claud., 4.)— 3. (ClssioJor., Viir. Ep., iii., 51.)— 4. (Chamber I., No. 60.)— 6. (Varro, Dc Re Rust., i., 2, ^ II.— Liv.,'3cli, 27.)— a. (Dion Caas., xlix., p. eOO.).,-?. (ili., 27.)— 8. (Cassidor., Var. Ep.,.iii., 51.)— 9. (De Rte RoSt., i., 2, 4 11.)— 10. (TeituU., De Spedac., c. 8.)— 11. CISSOS. tUSTA, nthci gaint'S of the circus by tlie Goths (A .D 410) ; but the chariot races continued at Constantinople until that city. was besieged by the Venetians (4..D. 1204).' CIRCUMVALLA'TIO. {Vid. Vallum.) *CIRIS, a species of Larlc, according to some, while others think it is a solitary bird with a purple crest, which continually haunts the rocks and shores (if the sea. The poets fabled that ScyUa, daughter of Nism, was changed into this bird." ♦CJRSIUM (xipnov). Sprengel, upon the whole, inclines to tlie opinion that this is the Slender This- tle, or Carduus Unuiflorus.' (Vid., liowever, Cae- DHHS ) ♦CIS (/c(f), an insect mentioned by Theophrastus' as injurious to grain. Aldrovandus decides that it is the same with the Curculio, which infests wheat and barley, meaning, no doubt, the Curculio grana- rius, L., or Weevil. The rpa^ was a species of Cur- culio y/hich infests pulse: Scaliger remarks tiiat it is also callrd fdSof by Theophrastus.' CrSIUM, a gig, i. e., a light open carriage with two whefls, adapted to carry two persons rapidly from plaeo to place. Its form is sculptured on the monumental column at Igel, . near TrBves (see woodcut). It had a box or case, probably un- der the seat.' The cisia were quiclily drawn by mules {cisi tolaniis^). Cicero mentions the case of a messenger who = travelled 56 miles in 10 hours in such vehicles, which were kept for hire at the stations along the great roads ; a proof that the ancients considered six Roman miles per hour as an extraordinary speed.* The conductors of these hired gigs were called cisiarii, and were subject to penalties for care- less or dangerous driving.' *CISSA or CITTA {xlaaa, hItto), a species of Bird, which Hardouin and most of the earlier com- mentators hold to be the Magpie, or Corvus Pica., L. Schneider, however, thinks the Jay, or Corvus glan- dularius, more applicable to the Kiaaa of Aristotle. The latter is certainly the bird described by Pliny under this name.'" *CISSE'RIS (Ktaaripig), Pumice. Theophrastus" was well aware that Pumice is formed by the ac- tion of iire. He speaks of various kinds, specifying particularly the pumices of Nisyrus and Melos , the former of which, however, are not genuine pumices, according to Hill, hut Tophi. The island of Melos has always been known to abound with pumices, and those of the very finest kiud. This appears to iiave been the case even in the time of Theophras- tus, as appears by his description of their being light and sanilv, or easily rubbed into powder." "CI'SSOS or CI'TTO," {xiaaos, klttoq'). the coni- mon Ivy, or Hedera helix. The three .species of it described l)y Dioscori' es" and other ancient writers ire now looked uf jn as mere varieties. Theo- phrastus,'* for example, says that the three princi- pal sorts are the white, the black, and that which is called helix {IXi^). The black is our common ivy, and the helix seems to be only the same plant be- fore it has become capable of bearing fruit. " That the helix is the ivy in its barren state," observes Martyn, "is plain from the account which Theo- phrastus gives of it : he says the leaves are angu- lar, and more neat than those of ivy, which has 1. (Nieunoort, Rit. Rom., iv., 5, « 2.)— 2. (Martyn ad Virg., Gears i 405.— Oviil, Met., viii., 150.,— 3. (Dioscor., iv., 117. -Adailis, Append., s. v.)— 4. (C. PL, iv., 15.)— 5. (Adama, Ap- PBut' s V.)— 6. (Festus, s. t. Ploxinoni.)— 7. (Virg., Catal., viii ,"3 — Cic, Phil., ii., 31.)— 8. (Pro Roioio Amer., 7.)— 9. (Ul- nian xiii )— 10. (Aristot., H. A., ix., 14.— Adams, Append., s.t.) II -DeLapid., c. .xxxiii., &c.)— 12. (Hill adTheophrast. 1. c ) -13 (V 124.)— 14 'II P.,i.. 3;-ii. 18.) them Y jundei s- sential notion of a citizen, is a question which, f'l- lowing Aristotle's example,' we may be content 'o leave undecided. He who, being personally free, enjoyed the fullest political privileges, participattid in the assembly and courts of judicature, was e i- gible to the highest offices, and received all this 1 y inheritance from his ancestors, most entirely satis- fied the idea which the Greeks expressed in the word ttoXItt/^. CrVITAS (ROMAN). Civitas means the whole body of cives or members of any given state. It is defined by Cicero* to be " concilium coetusque horn- inum jure sociati." A civitas is, therefore, properlj a political community, sovereign and independent. The word civitas is freqtiently used by the Roman writers to express the rights of a Roman citizen, as distinguished from those of other persons not Ro- man citizens, as in the phrases dare civitatem, dmur re civilate, usurpare civitatem. If we attempt to distinguish the members of any given civitas from all other people in the world, we can only do it by enumterating all the rights and duties of a member of this civitas, which are not 1. (ii:., 35.)— 2. (Miiller, Dorians, iii c 5, ^7.)- 3. (Pol..iU ' 5.)— 4. (Sonin. Scin.. c. .1.) CIVITAS. CIVITAS. nglits and duties of a person who is not a member of this civitas. If any rights and duties which be- long to a member of this civitas, and do not belong to any person not a member of this civitas, are omitted in the enumeration, it is an incomplete enumeration ; for the rights and duties not express- ly included must be assumed as common to the members of this civitas and to all the world. Hav- ing enumerated all the characteristics of the mem- bers of any given civitas, we have then to show how a man acquires them, and the notion of a member of such civitas is then complete. Some members of a political community (cives) may have more political rights than others ; a prin- ciple by the aid of which Savigny' has expressed briefly and clearly the distinction between the two great classes of Roman citizens under the Repub- lic : " In the free Republic there were two classes of Roman citizens, one that had, and another that had not, a share in the sovereign power {optima jure, non optima jure ci-ces). That which peculiarly distinguished the higher class was the right to vote in a tribe, and the capacity of enjoying magistracy {suffragivm et honares)." According to this view, the jus civitatis comprehended that which the Ro- mans called jus publicum, and also, and most par- ticularly, that which they called jus privatum. The jus privatum comprehended the jus connubii and jus commercii, and those who had not these had no citizenship. Those who had the jus sufFra- giorum and jus honorum had the complete citizen- chip, or, in other words, they were optimo jure "lives. Those who had the privatum, but not the publicum jus, were citizens, though citizens of an inferior class. The jUs privatum seems to be equiv- alent to the jus Quiritium, and the civitas Romana '0 the jus publicum. Accordingly, we sometimes 5nd the JMS Quiritium contrasted with the Romana civitas.' Ijivy' says that, until B.C. 188, the For- miani, F'mdani, and Arpinates had the civitas with- out the sufFragium. Ulpian* has stated, with great clearness, a distinc- tion, as existing in his time among the free persons who were within the political limits of the Roman state, which it is of great importance to apprehend clearly. The distinction probably existed in an early period of the Roman state, and certainly ob- tained in the time of Cicero. There were three classes of such persons, namely, cives, Latini, and peregrini. Gaius' points to the same division where he says that a slave, when made free, might be- come a civis Romanus or a Latinus, or might be in the number of the peregrini dediticii, according to circumstances. Civis, according to Ulpian, is he who possesses the complete rights of a Roman citi- zen. Pcregrinus was incapable of exercising the rights of commercium and connubium, which were the characteristic rights of a Roman citizen ; but he had a capacity for making all kinds of contracts which were allowable by the jus gentium. The Latinus was in an intermediate state ; he had not the connubium, and, consequently, had not the natria potestas, nor rights of agnatic ; but he had the commercium, or the right of acquiring quiritarian ownership, and he had also a capacity for all acts incident to quiritarian ownership, as vindicatio, in jure cessin, mancipatio, and testament! factio, which last comprises the power of making a will in Roman form, and of becoming heres under a will. These were the general capacities of a Latinus and peregrinus ; but -a Latinus or a peregrinus might obtain by special favour certain rights which he had not by virtue of his condition only. The legitima 1 (Geschichte dcs R3in. Rechts im Mittelalter, c. ii., p. S3.) '—2' (Plin ,Ei'.,.-<.,4, ii — Ulp., Fras;., tit. 3, « 2.)— 3. (.vxxviii., 16.)_4. (Friig.,tit.S.»4; I'J.I) 4 '. 20, « 8; 11, « 6.1-5 (:., 12.) hereditas was not included in the lestamjnti facti'j. for the legitima hereditas presupposed agnatio, and agnatio presupposed connubium. According to Savigny, the notion of civis and civitas had its origin in the union of the patricii and the plebes as one state. The peregrinitas, in the sense above stated, originated in the conquest of a state by the Romans, when the conquered state did not obtain the civitas; and he conjectures that the notion of peregrinitas was apphed originally to all citizens of foreign states who had a fcEdus witli Rome. The rights of a Roman citizen were acquired in several ways, but most commonly by a person being born of parents who were Roman citizens. A pa- ter familias, a filius familias, a mater farailias, and filia familias, were all Roman citizens, though the first only was sui juris, and the rest were not If a Roman citizen married a Latina or a peregrina, be- lieving her to be a Roman citizen, and begot a child, this child was not in the power of his father, be- cause it was not a Roman citizen ; but the child was either a Latinus or a peregrinus, according to the condition of his mother ; and no child followed the condition of his father unless there was connu- bium between hi.s father and mother. By a sena- tus consultum, the parents were allowed to prove their mistake {causam crroris probare) ; and, on this being done, both the mother and the child became Roman citizens, and, as a consequence, the sou was in the power of the father.' Other cases rela- ting to the matter, called causae probatio, are stated by Gaius,' from which it appears that the facilities for obtaining the Roman civitas were gradually ex- tended.' A slave might obtain the civitas by manun;%- sion {vindicta), by the census, and by a testan^n turn, if there was no legal impediment ; but it de- pended on circumstances, as already stated, whet'n- er he became a civis Romanus, a Latinus, or ia the number of the peregrini dediticii. {Vid. Man- PMISSIO.) The civitas could be conferred on a foreigner by a lex, as in the case of Archias, who was a civis lit Heraclea, a civitas which had a ftedus with Rome, and who claimed the civitas Romana under the pro- visions of a lex of Silvanus and Carbo, B.C. 89.* By the provisions of this lex, the person who chose to take the benefit of it was required, within sixty days after the passing of the lex, to signify to the praetor his wish and consent to accept the civitas Iprofiteri). Cicero* speaks of the civitas being giv- en to all the Neapolitani ; and in the oration Pro Balbo' he alludes to the Julian lex (B.C. 90), by which the civitas was given to the socii and Latini ; and he remarks that a great number of the people of Heraclea and Neapolis made opposition to this measure, preferring their former relation to Rome as civitates fcederatae {faderis sui libertatem) to the Romana civitas. The lex of Silvanus and Carbo seems to have been intended to supply a de- fect in the Julia lex, and to give the civitas, under certain limitations, to foreigners who were citizens of foederate states {fmderatis civitatibus adscriptiy Thus the great mass of the Italians obtained tht civitas, and the privileges of the former civitates fcederatae were extended to the provinces, firet to part of Gaul, and then to Sicily, under the name oi Jus Latii or Latinitas. This Latinitas gave a man the right of acquiring the Roman citizenship by having exercised a raagistratus in his own civi- tas ; a privilege which belonged to the fcederalai civitates of Italy before they obtained the Roman 1. (Gains, i., 67.)— 2. (i.. 39, &c. ; i , 66, (Src.)~3. (See a'm T3lpian, Fra^., tit. 3, "De Latinis.") — 4. (Cic, Pro Arti\t 4.)— 5. (Ep. ac] Fam., xiii., 30.)— 6. (c. 7.) 2fil CLAVIS. CLAVIS civitas. It probably also included the Latinitas of Ulpian, that is, the commercium or individual privi- lege.' 1 With the establishment of the imperial power, the political rights of Roman citizens became in- significant, and the commercium and the more easy acquisition of the rights of citizenship vi'ere the wnly parts of the civitas that were valuable. The constitution of Antoninus Caracalla, which gave the civitas to all the Roman world, applied only to com- munities, and not to individuals ; its effect was to make all the cities in the empire municipia, and all Latini into cives. The distinction of cives and La- tini, from this time forward, only applied to individ- uals, namely, to freedmen and their children. The peregrinitas, in like manner, ceased to be applica- ble to communities, and only existed in the dedi- ticii as a class of individuals. The legislation of Justinian finally put an end to what remained of this ancient division into classes, and the only di- vision of persons was into subjects of the Cassar and slaves. The origin of the Latinitas of Ulpian is referred by Savigny, by an ingenious conjecture, to the year B.C. 209, when eighteen of the thirty Latin colonies remained true to Rome in their struggle against Hannibal, while twelve refused their aid. The disloyal colonies were punished ; and it is a conjecture of Savigny, and, though only a conjec- ture, one supported by strong reasons, that the eighteen loyal colonies received the commercium as the reward of their loyalty, and that they are the origin of the Latinitas of Ulpian. This conjecture renders intelligible the passage in Cicero's oration,' in which he speaks of nexum and hereditas as the rights of the twelve (eighteen?) colonies. The word civitas is often used by the Roman •■A'riters to express any political community, as Civ- itas Antiochiensium, &o. (Savigny, Zeitschrifi, v., &c., Ueber die Entste- nung, &c., der Latinilat ; Heinecc, Syntagma., ed. Ilaubold, Epicrisis ; Rosshirt, Grundlinien des Rom. Rechts, Einkilung ; arui md. Banishment, and Ca- put.) CLARIGA'TIO. {Vid. Fetiales.) CLASSES. (Fi(i. Caput, Comitia.) CLA'SSICUM. {Vid. CoBNU.) CLAVA'RIUM. (7i(i. Clavus.) CLAVIS (K^Ej'f, dim. xleiSiov), a Key. The key was used in very early times, and was probably introduced into Greece from Egypt ; although Eu- stathius' states that in early times' all fastenings were made by chains, and that keys were compar- atively of a much later invention, which invention he attributes to the Laconians. Pliny* records the name of Theodoras of Samos as the inventor, the person to whom the art of fusing bronze and iron is ascribed by Pausanias. (Vid. Beonze, p. 178 ) We have no evidence regarding the materials of which the Greeks made their keys, but among the Romans the larger and coarser sort were made of iron. Those discovered at Pompeii and else- where are mostly of bronze, which we may assume to he of a better description, such as were kept by the mistress (malrona) of the household. In ages 5till later, gold and even wood are mentioned as materials from which keys were made.* Among the Romans the key of the house was consigned to the porter {janitor^), and the keys of the other departments in the household to the slave npon whom the care of each department devolved,' 1. (Strab., v., 187, ed. Caaaab.)— 2. (Pro Ciecina, 35.) — 3. (ad Horn., Od., ix.)— 4. (H. N., vii., .57.)— 5. (Augttstin., Do Doctrin. Christ., iv., 2.) — 6. (Apulelus, Met., i., p. 53, ed. Oadendorp. — Chrysost., Sern , 172.) — 7. (Senec., De Ira, ii., 25.) 2G2 upon a knowledge of wnich custom the point of tne epigram in Martial' turns. When a Roman woman first entered lier hus- band's house after marriage, the keys of the storeii were consigned to her. Hence, when a wife was divorced, the keys were taken from her;' and when she separated from her husband, she sent him back the keys.° The keys of the wine-cellar were, how- ever, not given to the wife, according to Pliny,* who relates a story, upon the authority of Fabius I'ictor, of a married woman being starved to death t>y her relatives for having picked the lock of the closet, in which the keys of the cellar were kept. The annexed woodcut represents a ke.y found at Pompeii, and now preserved in the Museum at.Na- pies, the size of which indicates that it was used as a door-key. The tongue, with an eye in it, which projects from the extremity of the handle, scved to suspend it from the porter's waist. The expression suh clavi esse^ corresponds witli the English one, " lo be under lock and key ;" but clavis is sometimes used by the Latin authors tu signify the bolt it shoots." The city gates were locked by keys,' like those of our own towns during the Middle Ages. Another sort of key, or, rather, a key fitting au^ other sort of lock, which Plautus calls clavis Loco- nica,' is supposed to have been used with locks whicii could only be opened from the inside, such as ara stated to have been originally in use amcug the Egyptians and Laconians (m yap, Cig vvv, cktoi ^qav al kXsI&e^, (iXX Iv&ov ro i^akaiov Trap' Aiyvirnois, Kal AdKuai'). These are termed K2,eL(Sia KpvTrra by Aristophanes," because they were not visible on the outside, and in the singular, clausa clavis, by Vir- gil ;" but the reading in this passage is very doubt- ful." Other writers consider the ii2,ecdia Kpvitxd and claves Laconica to be false keys, such as we now call " skeletons," and the Romans, in familiar language, aduUerina ;" wherein consists the wit of the allusion in Ovid, " Nomine cum doceat, quid agamus, adultera clavis."" The next woodcut represents one of two similar- ly formed keys, which were discovered in Holland, and published by Lipsius.'' It has no handle to act as a lever, and-, therefore, could not have been made for a lock with wards, which cannot be turned with- out a certain application of force ; but, by inserting the thumb or forefinger into the ring, it would be am- ply sufficient to raise a latch or push back a bolt; and thus one sort, at least, of the keys termed /tpinr- Tai seems to be identified with the " latch-keys" in use among us ; for, when placed in the keyhole (clavi immittendce foramen"), it would be almost en- 1. (V,, 35.)— 2. (Cic, Philipp., ii., 28.)— 3. (Ambros., Epist., r-' H"^' '*! II., iv., 31.)-7. (Liv., ixvii.,24.)-8. (Most., II., 1., 57.)— 9. (Theon. ad Aratuin, 192.) — 10. (The»- moph., 421, ed. Bruncli.)- 11. (Moret., 15.) — 12. (Ileyne, ail l°=°-',;r''- <^*"-' •'i'P"-'h-, 12.) - 14. (Art. Amat., iii., 643.)- 15. (Exours. ad Tac., Ann., ii., 2.)-16. (Apul., iv., p. 25», fd OLAVUS. CLAVUS GUEERNACULI. •irely ouried in it, the ring only, which lies at right angles to the wards, and that scarcely, being visible without. CLAVUS 0Ao£-, y6/i It is difficult to say to what use this nail was dp plied. The ornamented head shows that it was never intended to be driven by the hammer ; noi would any part but the mere point, which alone is plain and round, have been inserted into any extra neous material. It might possibly have been used for the hair, in the manner represented in the wood- cut on page 21. Bronze nails were used in ship-building,' and to ornament doors, as exhibited in those of the Pan- theon at Rome ; in which case the head of the nail was called bulla, and richly ornamented, of which specimens are given at page 181. The soles of the shoes worn by the Roman sol- dier were also studded with nails, thence called " c^aui caligarii." (Firf. Calioa). These do not appear to have been hob-nails, for the purpose of making the sole durable, but sharp-pohited ones, in order to give the wearer a firmer footing on the ground; for so they are described by Josephus,' 'TTTO&fifiara TZETiapiiiva TZVKVOtg Kat. o^ictv ^Aoi^. The men received a donative for the purpose of provi- ding themselves with these necessaries, which was thence called clavarmm* CLAVUS ANNA'LIS. In the early ages of Rome, when letters were yet scarcely in use, the Romans kept a reckoning of their years by driving a nail, on the ides of each September, into the side wall of the temple of Jupiter Optimus Maximus, which ceremony was performed by the praetor Max- imus.* In after ages this practice fell into disuse, though the ignorant peasantry seem to have retain- ed the custom, as a method of marking dates, down to a very late period.' Upon some occasions a dic- tator was created to drive the nail ; but then it was nt)t for the mere purpose of marking the year, but from a superstitious feeling that any great calamity, which happened at the time to afflict the city, would be stayed if the usual ceremony was performed by another than the usual officer.' CLAVUS GUBERNA'CULI, the handle or shaft of a rudder,' which Vitruvius' appropriately terms " ansa gubernaculi, quod omf a. GrcBcis appellatur." The rudder itself is gubemaculum ; in Greek, irrida- \iov. Both the words are accurately distingnished by Virgil," " l-pse gubernaculo rector suhit, ipse magister, Hortaturque viros, clavumque ad littora torquet,' and by Cicero." But it is sometimes used for the. rudder itself, as, for instance, by Ennius : " Ut clavum rectum teneam, navemque gubernem.'"" Omf is also used in both senses, and in the same way.'^ The true meaning o'" the word will be un-' derstood by referring to the woodcut at page 58 in which a ship with its rudder is represented : the ' 1. (Cavlus, Recueil d'Antiq., torn, v., pl.96.)— a (Veget.,iv., 34.)— 3. (Bell. Jud.,VI., i., 7.)— 4. (Tacit., Hist., iii., 50.)— 5. (Festus, s. V. Clav. Annal. — LiT.,TiJ., 3. — Cic. ad Att., v., 15.) —6. (Patron., 0.135 >— 7. (Liv., vii., 3; viii., 18; ii., 28.)— 8 (Serr. ad Virg., -En., v., 177.)— 9. (x., 8.)— 10. (jEn., v., 176.) —11. (Pro Sext., 9.) — 12. (Compare Cic. ad Fam., ix., ]5)— 13. (Thomas Magist., s. v.^ 263 Cr.AVIJS LATUS. ni.AVUS LATUS ' pole by which it is fastened to the ship's side is the daVUS. (Vill. GuBERNACUE.nM.) CLAVUS lATUS, CLAVUS ANGUSTUS. The meaning of these words has given rise to much difference of opinion among modern writers. Sca- liger' considered the clavus to have been an orna- ment detached from the dress, and worn round the necli like a hulla. ( Vid. Bbli.a.) Ferrarius suppo- sed it to be a scarf or band thrown over the shoul- ders, the ends of which hung down in front. Some writers consider it to have been a round boss or buckle, resembling the head of a nail, fastened to the front part of the tunic which covered the chest ; others the hem of the dresf either at the edges or at the bottom ; and otliers, iigain, the dress itself checkered with stripes of purple, or with ornaments resembling nails, either sewn on to, or woven in, the fabric, such as in modern iMgi^age would be termed figured.' It is a remarkable circuiustance, that not one of the ancient statues, representing persons of senato- rian, consular, or equestrian rank, contain the slight- est trace in their draperies of anything resembling the accessories above enumerated ; some indica- tions of which would not have been constantly omit- ted, if the clavus had been a thing of substance ei- ther affixed to the dress or person. But, if it form- ed only a distinction of colour, without producing any alteration in the form or mass of the material wherewith the garment was made, such as a mere streak of purple interwoven in the fabric, or em- broidered or sewed on it, it will be evident to any person conversant with the principles of art, that the sculptor, who attends only to form and mass, would never attempt to express the mere accidents of colour; and, consequently, that such a clavus would not be represented in sculpture. But in paint- ing, which long survived the sister art, we do find examples in some works executed at a very late pe- nod, some of which are subsequently inserted, in which an ornament like the clavus, such as it is im- plied to be by the words of Horace,' latum demisil pcctore clavum, seems evidently to have been repre- ' sented. The most satisfactory conclusion, therefore, seems to be, that the clavus was merely a band of purple colour,* hence called lumen purpura,' either sewed to the dress' or interwoven in the fabric." Ci^Avus Latus. The clavus worn by the Romans was of two fashions, one broad and the other nar- rov^, denominated respectively clavus latus and cla- vus angustus.' The vest which it distinguished properly and originally was the tunic {vid. Tunica), called therefore tunica laticlavia and tunica angusti- clavia ;" and hence the word clavus is sometimes used separately to express the garment itself" The former was a distinctive badge of the senatorian order," and hence it is used to signify the senatorial dignity," and laticlavius for the person who enjoys it." It consisted in a single broad band of purple colour, extending perpendicularly from the neck down the centre of the tunic, in the manner repre- sented in the annexed woodcut, which is copied from a painting of Rome personified, formerly be- longing to the Barberini family, the execution of which is of a very late period. The position of the band in the centre of the chest M Identified with the latus clavus, because iitaomp- 1. {ad VttiTon., De Ling. Lat., viii.)— 2. (Ferrarius, De Re Vestiaria, iii., 12.— Eubenius, Id., i., 1 )— 3. (Sat., I., vi.,28.)— 4 (Aero in Hor., Sat., I., v., 35, " Latum clavum purpuram di- SiS,")— 5. (Stat., Sylv., IV., v., 42.— Quintil., viii., 5, 28.)— 6. (Hpr., Ep. ad Pis., 16.)— 7. (Festus, s. v. Clavat.— Quintil., 1. c. —Vetus Lexicon Gi-a;c. Latin., no/j0t!/)a fvu^air/ifi';7, Clavus. — HesTch., ilaptiiiti, h Iv rif xirffin OTp^lioa.)— 8. (Fitisc., Lex. Antin.)-9. (Val.,Max., v., 1, 7.)-10. (Suet, Jul., 45.) — 11. (Aero., 1. c— Oiid, Trist., IV., x., 35.)— 12. ( ?uct Tib . 35.— Vest , 2,4.)— 13. (Suet., Ortav.. 38.1 264 (pvpa,^ in the Septuagint, is translated in the Vulgate tunica clcnatcB purpura ; and the converse, xtrSiva TTopipvpovv iitc!b7.evKov,'' is thus interpreted by Quiii- tus Curtius,^ " Purpurea iuniccB wcdivm albuw. intcx- turn erat." In distinction to the angustus clavus, il is termed purpura major,* purpura lalior,' and the garment it decorated, tunica potens,' or x''''"^' t^"- rVG7'l/iO^.'' The tunica laticlavia was not fastened round tli^ waist like the common tunic which is worn by ttw centurion (p. 231), but left loose, in order that the clavus might lie flat and conspicuously over the chest," which accounts for tbe allusion of Sylla, when he termed Julius Caesar male prrrcinctum sit- erum ; for we are informed by Suetonius' that he was the cnly person ever known to wear a girdle lo his laticlave. It seems to be generally admitted that the latiis clavus was not worn in childhood, that is, with the toga praetexta ; but it is not so clear whether, du- ring the earlier ages of the Republic, it was assumed with the toga virilis, or only upon admission into the senate. Probably the practice was different at different periods.'" The right of wearing the latus clavus was aiso given to the children of equestrians," at least in the time of Augustus, as a prelude to entering the sen- ate-house. This, however, was a matter of per- sonal indulgence, and not of individual right ; for il was granted only to persons of very ancient family and corresponding wealth, '= and then by special favour of the emperor." In such cases the latua clavus was assumed with the toga virilis, and worn until the age arrived at which the young equestrian was admissible into the senate, when it was relin quished and the angustus clavus resumed, if a diS' inclination on his part, or any other circumstances, prevented him from entering the senate, as was the case with Ovid :'* " Curia reslabat ; clavi mcnsura roacta est; Majus erat nostris viribus illud opus." But it seems that the latus clavus could be again resumed if the same individual subsequently wished to become a senator," and hence a fickle charactei is designated as one who is always changing his clavus :" 1. (Esai., iii., 21.)— 2. (Xen., Cyrop., viii., 3. * 13.)— 3. (Ill iii., 28.)— 4. (Juv., Sat., i., 106.)— 5. (Plin., 11 ■ N., xxiiji., 7.1 —6. (Stat., Sylv., V., ii., 29.)— 7. (Diod. Sic, Eclog. 36, p. 535| ed. Wesselins.— Strab., iii., 5, p. 448, ed. Siebenk.)— 8. (Quintil xi., 3, 138.)— 9. (Jul., 45.)— 10. (Compare Suet., Octav., 38, 94< —11. (Ovid, Trist., IV., X., 29.)— 12. (Stat., Sylv., iv., 8, 59.- Dig. 24, tit. 1, s. 42.)— 13. (Suet., Vcsp., 2.— Tarit., Ann., xvi. 17.— Plin., Epist., ii.,9.)— 14. (C.^:npare Trisi., TV., x, 27, will 35 1—15. (Hiir , Sat.. I., vi., 25.)— in. iTlor , Sat . II , vii., 10 ' OLAVtrs AN(:.USTUS. CLERUCJU. •' Vixit inaqualis, elavum mvtahat in horas." The latus clavus was also worn by the priests of Saturn at Canhage,' and by the priests of Hercules at Cadiz ;' and napkins were sometimes so decora- ted,' as well as table-clpths, and coverlets (toralia) for the couches upon which the ancients reclined at their meals.* The latus clavus is said to have been introduced at Komi; by Tullus Hostilius, and to have been adopted by him after his conquest of the Etrus- tuns ;' nor does it appear to have been confined to any particular class during the earlier periods, but 10 have been worn by all ranks promiscuously/ It was laid aside in public mourning.' Clavus Angustds. This ornament is not found, any more than the latus clavus, upon any of the works executed before the decline of the arts ; and therefore the same difficulties occur in attempting to define its form and fashion. That it was nar- rower than the other is evident from the name alone, as well as fro.m other epithets bestowed upon it — "pauper clavus,'" " arctum purpuras lumen;'" and that it was of a purple colour, attached to a tu- nic girt at the waist, is also evident from the pas- sages of Statius aiitt Quinctilian'" already cited. There is, moreover, leason for supposing that the angustus clavus consisted in two narrow stripes instead of one broaa one ; for it is observed that the word clavus is always used in the singular number when the tunica laticlavia is referred to, whereas the plural number (clavi) is often met with m reference to the angusticlavia ; as in the passage of Quinctilian just mentioned, purpura is applied to the former, and purpura to tlie latter of these gar- ments. It seems, therefore, probable that the an- gusticlave was distinguished by two narrow purple stripes, running parallel to each other from the top to the bottom of tiie tunic, one from each shoulder, ill the manner represented by the three figures in- troduced below, all of which are taken from sepul- chral paintings executed subsequently to the intro- duction of Christianity at Rome. The female figure on the left hand, which is copied from Buonarotti," represents the goddess Moneta, and she wears a regular tunic. The one on the right hand is from a cemetery on the Via Salara Nova, and repre- sents Priscilla, an early martyr; it is introduced •o show the whole extent of the clavi ; but the Iress she wears is not the common tunic, but of ■;he kind called Dalmatica, the sleeves of whicli. are al.so clavatiE. The next figure is selected from three ol a sim- Sar kind, representing Shadrach, Meshach, and 1 (Tertull., De Pall. o. 4.)— 2. (Sil. ltd., iii., 27.) -^3. {Mort., Ep., IV., Tlvi., 17.— Petron., 32.)— 4. (Ainm. Maroell., XVI ™., 8.)— 5- (Pliii., H. N., ix., C3.)-6. (PUn., H. N., jTijii , 7.)— 7. (Liv., i^t., 7.)— 8. (Stat., Sylv., V., ii., 18.)— 9. (Id. IV., v., 42.)— 10. (Xl.jiii., 138.)— 11. (Osscrvazioni snpra alr.un Frammenti di Vasi antichi di Vetro, Tav. xxii., fig 1.) Li Abednego, from the tomb of Pope Callisto on tin; Via Appia ; all three wear the ordinary tunic girt at the waist, as indicated by Quinctihan, but with long sleeves, as was customary under the Empire, and the stripes are painted in purple ; so that we may fairly consider it to afford a correct example of the tunica angusticlavia. This decoration belonged properly to the equoa- trian order ;' lor, though the children of equestrians, as has been stated, were sometimes honoured by permission to wear the latus clavus at an early age, they were obliged to lay it aside if they did not en- ter the senate when the appointed time arrived, which obligation appears to have been lost sight of for some time after the Augustan period ; for it is stated by Lampridius" that Alexander Severus dis- tinguished the equites from the senatores by tlie character of their clavus, which must be taken as a recurrence to the ancient practice, and not an innovation then first adopted. ,*CLEM'ATIS or CLEMATI'TIS {Klrniarlg, kXij- /larlTig), a species of plant, commonly identified with the Winter-green or Periwinkle. Dioscorides' mentions two kinds : the first of these Sprengei refers to the Periwinlde, namely, Vinca major or minor ; the other, which is properly called K^e/ian- T4f , he is disposed to follow Sibthorp in referring to the Clematis cirrJwsa. The term x/liyuarif is derived from likrjiia, " a tendril" or " clasper," and has ref- erence to the climbing habits of the plant. The epithets SafuoeiSfit (" laurel-like") and a/ivpvoeiSr/c (" rayrrh-like") are sometimes given to the KXtijM- Tic, as well as that of liO^vyovoEiSyi^, "resembling TTo^vyovov, or Knot-grass."* Pliny derives the Latin name vinca from vincire, " to bind" or " encom- pass," in allusion to the Winter-green's encircling or twining around trees.' The same writer alludes to various medical uses of this plant, in cases of dysentery, fluxions of the eyes, hsemorrhoides, the bite of serpents, &c. It is found sometimes with white flowers, less frequently with red or purple ones." The name of this plant in modern Greece is aypio^.iTi'a. Sibthorp found it in Elis and Argohs. ' CLEPSV'DRA. ( Firf. HoROLOGiuM.) CLERU'CHI ((c/liypoi^ot). Athenian citizens whi- occupied conquered lands were termed x'KripoixoL, and their possession K^t/povxia. The earliest ex- ample to which the term, in its strict sense, is ap- plicable, is the occupation of the domains of the Chalcidian knights {in^roSorai) by four thousand Athenian citizens, B.C. b06.' In assigning a date to the commencement of this system of colonization, we must remember that the principle of a division of conquered land had exist- ed from time immemorial in the Grecian states. Nature herself seemed to intend that the Greek should rule and the barbarian obey ; and hence, in the case of the barbarian, it wore no appearance of 1. (Paterc, ii., 88.— Lamprid., Alex. Sey., 27.)— 2. (1. c.)— S (iv., 7.) — 4. (Diosnor., 1. n — BiHerbeck, Flora Classics, p.' 60 ) 5. (H. N.. xxi., 27.— Apul., De Herb . 58.)— 6..(Billelbeok,l.c ' —7. (BiUerbedi.l.c 1—8 CHcrad., v.. 77.) 265 OLERUCHI. CLETEREm narsliuess. Such a system, however, was more rare between Greek and Greek. Yet .the Di rians, in their conquest of the Peloponcese, and still more remarkably in the subjugation of Messenia, had set an example. In what, then, did the Athenian k^jj- povxlat differ from this division of territory, or from the ancient colonies^ In the first place, the name, in its technical sense, was of later date, and the Greek would not have spoken of the xXripovxiai of Lycurgus, any more than the Roman of the "Agra- MC laws'' of Romulus or Ancus. Secondly, we should remember that the term was always used with a reference to the original allotment : as the lands were devised or transferred, and the idea of the first division lost sight of, it would gradually cease to be applied. The distinction, however, be- tween Kktipovxoi and u-koikol was not merely one of words, but of things. The only object of the earlier colonies was to relieve surplus population, or to provide a home for those whom internal quar- rels had exiled from their country. Most usually they originated in private enterprise, and became independent of, and lost their interest in, the parent state. On the olher hand, it was essential to the very notion of a KXripovxia- that it should be a public enterprise, and should always retain a connexion more or less intimate with Athens herself The word KXiipovxia, as Wachsmuth has well observed, conveys the notion of property to be expected and formally appropriated ; whereas the a-oiKot of an- cient times went out to conquer lands for them- selves, not to divide those which were already con- quered. The connexion with the parent state subsisted, as has just been hinted, in all degrees. Sometimes, aj in the case of Lesbos,' the holders of land did cot reside upon their estates, but let them to the original inhabitants, while themselves remained at Athens. The condition of these kTlt/povxoi did not difFey from that of Athenian citizens who had es- tates in Attica. AH their political rights they not only retained, but exercised as Athenians ; in the capacity of landholders of Lesbos they could scarce- ly have been recognised by the state, or have borne any corporate relation to it. Another case weis where the xXripovxoi resided on their estates, and either with or without the old inhabitants, formed a new community. These still retained the rights of Athenian citizens, which distance only precluded them from exercising : they used the Athenian courts ; and if they or their children wished to re- turn to Athens, naturally and of course they re- gained the exercise of their former privileges. Of this we have the most positive proof:' as the sole object of these K^ijpovxiat was to form outposts for the defence of Athenian commerce, it was the in- terest of the parent state to unite them by a tie as kindly as possible ; and it cannot be supposed that individuals would have been found to risk, in a doubtful enterprise, the rights of Athenian citi- zens. Sometimes, however, the connexion might grad- ually dissolve, and the ulripovxoi sink into the con- dition of mere allies, or separate wholly from the mother-country. In .Sgina, Scione, Potidaea, and other places, where the original community was done away, the colonists were most completely under the control of Athens. Where the old in- habitants were left unmolested, we may conceive their admixture to have had a twofold effect : either the new-comers would make common cause with them, and thus would arise the alienation alluded to above, or jealousy and dread of the ancient in- habitants might make the colonists more entirely 1. (Thuoyd., iii., 50.)^8. (Tid. B6okh,Pub.Econ., yol.ii., j 76, transl.) S66 dependant on the mother state. It seems impossv ble to define accurately when the isopolite relation with Athens may have ceased, although such cases undoubtedly occurred. A question has been raised as to whether tin nXripovxoL were among the Athenian tributaiics Probably this depended a good deal upon the pros- perity of the colony. We cannot conceive that col- onies which were established as military outpcsts, in otherwise unfavourable situations, would beat such a burden : at the same time, it seems improb- able that the state would unnecessarily forego the tribute which it had previously received, where the lands had formerly belonged to tributary allies. It was to Pericles Athens was chiefly indebted for the extension and permanence of her colonial settlements. His principal object was to provide for the redundancies of population, and raise the poorer citizens to a fortune becoming the dignity o( Athenian citizens. It was of this class of persons the settlers were chiefly composed ; the state pro- vided them with arms, and defrayed the expenses of their journey. The principle of division doubt- less was, that all who wished to partake in the ad- venture applied voluntarily ; it was then determined by lot who should or should not receive a share. Sometimes they had a leader appointed, who, aftei death, received all the honours of the founder (if a colony (o'lKLarfig). The CleruchiK were lost by the battle of Mffm- potami, but partially restored on the revival . of Athenian power. For a full account of them, see Wachsmuth, Historical Antiquities, Ij 56, 6 ; Bockh, Public Econ. of Athens, iii., 18 ; and the references in Herman's Ma7iual, vi., 117. CLETE'RES or CLET'ORES (KlriTf/pef or k^v- Topei). The Athenian summoners were not official persons, but merely witnesses to the prbsecutoi that he had served the defendant with a notice of the action brought against him, and the day upo!) which it would be requisite for him to appear before the proper magistrate, in order that the first exam- ination of the case might commence.' In Aris- tophanes' we read of one summoner only being employed, but two are generally mentioned by the orators as the usual number.' The names of the summoners were subscribed to the declara- tion or bill of the prosecutor, and were, of course, essential to the validity of all proceedings founded upon it. What has been hitherto stated applies in general to all causes, whether Jkat or -ypojpai : but in some which commenced with an icformation laid before magistrates, and an arrest of the accused 'n consequence (as in the case of an IvSei^i; or elaay- ■yMa), there would be no occasion for a summons, nor, of course, witnesses to its service. In the ciiBvvai and doKi/iaaiai also, when held at the rei; ular times, no summons was issued, as the persous whose character might be affected by an accusation were necessarily present, or presumed to be so ; but if the prosecutor had let the proper day pass, and proposed to hold a special eidvvv at any other time during the year in which the defendant was liable to be called to account for his conduct in offico {iwtvBvvog), the agency of summoners was as re- quisite as in any other case. Of the doKtiuaiiai, that of the orators alone had no fixed time v but the first step in the cause was not the usual legal summons {npooK^^aic), but an announcement from the prosecutor to the accused in the a.'Bsembly of the people.* In the event of persons subscribing themselvei falsely as summoners, they exposed themselves 1^ 1. (Harpocrat.) — 2. (Nubes, 1246. — Vesp., 1408.)— 3 (D» moath., c. Nicost., 1251, 5.— Pro Ooron., 244, 4. — c BiBDt., IW 6.)— 4. (Mc;iir, Att. Process, 212, 675.) CLIENS. CLIEJSIh. «n action [ijievdoK^riTeias) at tl.e suit of the party aggrieved. ♦CLETHRA {K^epa), the Alder. (Vid. Alnus.) CLIBANA'RH. (7irf. Cataphraoti ) CLIENS. is said to contain the same element as the verb cluere, to "hear" or "obey," and is accord- ingly compared by Niebuhi' vfith the German vcord hoeriger, " a dependant." In the time of Cicero, we find patronus in the sense of adviser, advocate, or defender, opposed to cliens in the sense of the person defended, or the consultor ; and this use of the word must be refer- red, as we shall see, to the original character of the patronus.' The relation of a master to his libera- ted slave {libertus) was expressed by the word pa- tronus, and the libertus was the cliens of his pa- tronus. Any Roman citizen who wanted a protec- tor might attach himself to a patronus, and woue saw them hanging up with their handles on. According to Livy," when the census was insti- tuted by Servius Tullius, the first class only used the elipeus, and the second were armed with the scu- tum {vid. Scutum) ; but aifter the Roman soldier re- ceived pay, the elipeus was discontinued altogether for the Sabine scutum.' Diodorus Siculus* asserts fhat the original form of the Roman shield was square, and that it was subsequently changed for that tf the Tyrrhenians, which was round. his own, when the order was given lo unpile armsj" and sometimes the name of the commandpr undei whom he fought/* The elipeus was also used to regulate the tcm perature of the vapour bath. {Vid. Batms. p 150," CLITE'LL^, a pair of panniers, and therefore only used in the plural number.' In Italy thej were commonly used with mules or asses,* but ii other countries they were also applied tn horses, o which an instance is given in the annexed woo'lcm from the column of Trajan ; and Plautus* tigura lively describes a man upon whose shoulders a loai of any kind, either moral or physical, is charge*, as homo clitellarius. Tae Roman shields were emblazoned with va- rious devices, the origin of armorial bearings, such as the heroic feats of then ancestors ;» or with their portraits,' which custom is illustrated by the preceding beautiful gem from the antique, in which the figure of Victory is represented inscribing upon a elipeus the name or merits of some deceased hero. Each soldier had also his own name inscribed upon his shield, in order that he might readily find r 'v 859)— 2. (i., 43.)— 3. (Livr.,viii., 8.— CompaTC ii., 19.— PlutarcTi Rnir.., 21. p. 123.)-4. (Eclog., xiiii., 3.)— 5, (Virg;., Icii. ■ 'n.. n58.-Sii. Ital., viii., 396.1-6. (Id., xiii., 398.) A particular spot in the city of Rome, and cer tain parts of the Via Flaminia, which, from theii undulations in hill and valley, were thought to re- semble the flowing line of a pair of panniers, were also termed clitellse.' CLOA'CA. The term cloaca is generally used by the historians in reference only to those spacious subterraneous vaults, either of stone or brick, through which the foul waters of the city, as well as all the streams brought to Rome by the aqna> ducts, finally discharged themselves into the Tiber ■ but it also includes within its meaning any smallei drain, either wooden pipes or clay tubes,' with which almost every house in the city was furnished, to carry off its impurities into the main conduit.' The whole city was thus intersected by subterra- nean passages, and is therefore designated by Pliny' as urbs pensilis. The most celebrated of these drains was the Cloaca Maxima, the construction of which is ascribed to Tarquinius Priscus,'" and which was formed tc carry off the waters brought down from the adja- cent hills into the Velabrum and valley of the Fo- rum. The stone of which it is built is a mark ol the great antiquity of the woik ; it is not the ppp- erino of Gabii and the Alban Hills, which was thn common building-stone in the time of the Common- wealth ; but it is the " tufa litoide" of Brocchi, one of the volcanic formations which is found in manv places in Rome, and which was afterward supplan:- ed in public buildings by the finer quality of the peperino." This cloaca was formed by three tiers of arches, one within the other, the innermost ol which is a semicircular vault of 18 Roman palms, about 14 feet in diameter, each of the hewn blocks being 71 palms long and 4J- high, and joined .u- gether without cement. The manner of construe • tion is shown in the annexed woodcut, taken on the spot, where a part of it is uncovered near the arch of Janus Quadrifrons. The mouth where it reaches the Tiber, nearly opposite to one extremity of the insula Tiben-.ia, 1. (Vejet., ii., 17.)— 2. (llirt.. Bell. Alex., 6S.)-3. (ILn- Sat., I., v., 47.— Plaut., Most., III., ii., 91.)— 4. (Ilor., 1. c- Plaut., ib., 93.)— 5. (ib., 94.)— 6. (Festus., s. v.)— 7. (Ulpian. Dig. 43. tit. 23, s. 1.)— 8. (Strali., v., 8, p. 167, ed Siebcnk.)— 9. (H. N., xxxvi., 24, 3.)— 10. (Liv.,i., 38.— Plin.— Dimiys -41 CO.) — II (Arnold, Hist. Kom., vol. i., p. 52.) 269 K.L0PE5> JJIKf; CNICUS. Btiil remains in the state referred to by Pliny.' It is represented in the annexed woodcut, with the adjacent buildings as they still exist, the modern fabrics only which encumber the site being left out. The p'ssages in Strabo and Pliny which state (l.at a cart (u^rafa, vehes) loaded with hay could pass down the Cloaca Maxima, will no longer ap- pear incredible from the dimensions given of this stupendous work ; but it must still be borne in mind that the vehicles of the Romans were much smaller than our own. Dion Cassius also states" that Agrippa, when he cleansed the sewers, passed through them in a boat, to which Pliny' probably alludes in the expression urbs subter navigata ; and their extraordinary dimensions, as well as those of the embouchures through which the waters poured into them {vid. Canalis), are still farther testified by the exploits of Nero, who threw down the sewers »he unfortunate victims of his nightly riots.* The Cloaca Maxima formed by Tarquin extended inly from the Forum to the river, but was subse- juently continued as far up as the Subura, of which "iranch some vestiges were discovered in the year 1742." This was the crypta Subura to which Juve- lal refers.' The expense of cleansing and repairing these •.loacm was, of course, very great, and was defrayed jartly by the treasury, and partly by an assessment failed flqacarium.'' Under the Republic, the ad- ministration of the sewers was intrusted to the tensors ; hut under the Empire, particular officers were appointed for that purpose, cloaearum curatores, nention of whom is found in inscriptions,' who '/mplpyed condemned criminals in the task.' K.idliHS AIKH (KKonfjQ 6Uri), the civil action 'or theft, was brought in the usual manner before a liaetetes or a court, the latter of which Meier" in- 1. (t c.)— 2. (xlix., 43.)— 3. (H.N.,)cxxvi.,24,3.)-4. (Suet., ■Void, 26.— Compare Bionys., %., 53.— Cic, Pri> Sext., 35.)— 5. (Venuti, Anticliit4 di Roma, torn, i., p. 98. — Fiooroni, Vestigie i\ itoma, p. 74, 75.)— 6. (Sat., v., 106.)- 7. (Ulpian, Dig. 7, tit. 1, It. 27, t) 3.)— 8. (ap. Grut., p. cxcvii., 5 ; p. oxcriii., 2, 3, 4, 5 ; p. oclii.,!.— Ulpian, Di)>.43,tit.23,s.a.)— 9. (Plin.. Epiat., x., 41.) -10- (Att. Process, 67.) 273 ters to have been under the presiddiicj of the thes motlietae, whether the prosecutor preliened h;8 ac- cusation by way of ypa^v t ^i-i^v- We learn from the law quoted by Demosthenes,' that the criminal, upon conviction, was obliged to pay twice the value of the theft to the plaintiff if the latter recoveror' the specific thing stolen ; that, failing of this, he was bound to reimburse him tenfold, that the court might inflict an additional penalty, and that the criminal might be confined in the stocks (iroionaKnti) five days and as many nights. In some cases, a person that had been robbed was permitted by the Attic law to enter the house in which he suspected his property was concealed, and institute a search for it (— 10 (Oil., Pro Cliieet f '.) Githago. Its English name, Corn-Co( kle, is ev|. dently derived frcm the ancient appellation as Ad- ams remarks.' »COCGUM, or COCCI GRANUM, a namy given by the ancients to what they conceived 'to he a l pe- des of grain, producing a bright scarlet or crimson colour, but which modern naturalists have discov- ered to be a kind of insect (kermes). The Querent cocci/era is the tree that principally engenders Ihsni, and it is from their name {coccum, coccus) that the term cochineal has been derived. The coccus of the ancients came from Portugal, Sardinia, Asia Minor, and Africa." *COCCYG'EA {KOKKvyia), a species of plant men- tioned by Theophrastus, and which, according to Schneider, has been generally taken for the Rhus cotinus, L. It appears from Sibthorp that the mod- ern Greeks make a flame-red colour from it.' *COCCYME'LEA {KOKKv/tv^ea), a kind of Plum. Isidorus says, " Coccymela, guam Latini ob colorcm prunum vacant, cujus generis Damascena mclior." Sprengel refers that of Dioscorides to the Prunus insiticia, or Bullace-tree, a well-known species of plum. Sibthorp's authority is in favour of the Pru- nus domestica. The Damask plums, or ra Kara rrjv Aafiaaxrivdv, of Galen, are much commended by an- cient authors.* *COCCYX (/coKCTf). I. The Cuckoo, or Cuculus canmus. Its history is correctly given by Aristo- tle.° " If we consult the ancients, and even some modern naturalists," observes Griflith, " we shall find stories of the greatest absurdity connected with the name of the cuckoo. It would seem that everything the most monstrous in fable, or the most odious and criminal in the history of mankind, had been carefully sought out, and attributed to these inoffensive birds : and this, because men could not discover the secret springs which Nature has em. ployed to give to this species manners, habits, an'i a model of life altogether opposite to those of oth- ers, and the union of which fixes on the cuckoos a distinguishing character from all other known ani- mals."* The ancients held the flesh of the cuckoo in high estimation, as do also the modern Italians. •II. A species of Fish, the same with the Trigla Cuculus, L. It is the Red Gurned, or Rotchet ; in French, Rouget or Refait.'' *COOGO'N'ES {icoKKuvei), the seed of the Punica granata, or Pomegranate.' *COCH'LEA {KoxUa;), the Snail, a genus of Mollusca. Of snails there are three sorts, the Sea, the River, and the Land. The last are the Helices, one of which, the Helix pomalia, or edible snail, was much used by the Greeks and Romans aa an article of food. The ancients, as Adams remarks, must have been also well acquainted with the Helix frulicum and the H. arbustorum.^ " The uses of the Helices, or Snails," observes Griffith, " are not very numerous. It appears, however, that the lar- ger species, and especially the garden-snails (H. po- matia, L.), serve for the aliment of man in many countBies. The Romans, according to Pliny,'" con- sumed great quantities of them ; and they must have been in great estimation for the table, since that au thor has thought fit to give, in his Natural History, the name of him who first turned his attention to the rearing of these animals in sorts of parks or de- pots, and of fattening them with particular substan- ces. The best came from the island of Astypalaea, I. (Myrepsus, iv., 2. — Adatns, Append., s. v.) — 2. (Theo- phrast., II. P., iii., 16.— Dioscor., iv., 48.— Plin., H. N., xvi., 12.) — 3. (Theophrast., iii., 16. — Adams, Append., s. v.) — 4. (Theo- phrast., i., il.— Dioscor., i., 174. — Geopon., x., 73. — Adams, Ap" pend., B. V.)— 5. (Aristot., ix., 20.)— 6. (GniElh's Cuvier, vol. vii., p. 520.)— 7. (Aristot., H. A., iv., 9.— iElian, N. A., x., H — Adams, Append., s.v.)— -8. (Harpocr., Morb. Mulier, 1 1- tt (Adams, .Append., s. v.) — 10. (H. N., ix., 56 ; 271 COCHLEA. CODEX GREGORIANUS. oi.e of the Cyclades ; the smallest from Reate, ir. the Sabine territory, and the largest from Illyria. The Romans also greatly esteemed the snails of Si- cily, of the Balearic Isles, and of the island of Ca- prea. They shut them up in sorts of warrens, and fattened them there with cooked meat, flour, &c. It was Fulvius Hirpinus who first conceived the idea of this, a short time previous to the civil war between Pompey and Caesar. He carefully separa- ted each species, and succeeded in obtaining indi- viduals whose shells contained octoginta guadrantes, about ten quarts. All this history is taken from Pliny ; but there would appear to be some confu- sion in it, especially with regard to the size produ- ced by education ; for Varro," after whom he writes, says the same only concerning the African species, which naturally attained to these dimensions. It does not appear that this mode of educating snails was practised for any great length of time, for Ma- crobius says nothing about it."' CO'CHLEA {Kox^lag), which properly means a snail, was also used in several other significations. I. It signified a screw, one of the mechanical powers, so named from its spiral form, which re- sembles the worming of a shell. The woodcut an- nexed represents a clothes-press, from a painting on the wall of the Chalcidicum of Eumachia, at Pompeii, which is worked by two upright screws (eochleee) precisely in the same manner as our own linen presses. A screw of the same description was also used in oil and wine presses.' The thread of the screw, for which the Latin language has no appropriate term, is called TTEpmox^iov in Greek. II. Cochlea was also the name of a spiral pump for raising water, invented by Archimedes,' from whom it has ever since been called the Archime- dean screw. It is described at length by Vitruvius.' A pump of this kind was used for discharging the bilge-water in the ship of Hiero, which was built under the directions of Archimedes.* III. Cochlea was also the name of a peculiar kind of door, through which the wild beasts passed from their dens into the arena of the amphitheatre.' It consisted of a circular cage, open on one side like B lantern, which worked upon a pivot and within a shell, like the machines used in the convents and foundling hospitals of Italy, termed rote, so that any particular beast could be removed from its den into the arena merely by turning it round, and without the possibility of more than one escaping at the .'Varro, R. H., iii., 14.)— 2. (Griffith's Cuvier, vol. xii., p. J».)~j. (Vitmv., ui., 9, p. 190, ed. Bipont — Palladius, IV., \., U1; II., xix., 1.) — 4. fDind. Sic, i.. 34; v., 37. — Compare Stiab., xvii.. 30.)— 5. (x., II.)— 6. (Atheii., v., 43.)— 7. (Varru, E R., iii., 5, « 3.) it7a same time; and therefore it is recommended bj Varro' as peculiarly adapted for an aviary, so thai the person could go in and out without affording the birds an opportunity of flying away. Schneider,' however, maintains that the cochlea in questioE was nothing more than a portcullis {cataphracta)raisei hy a screw, which interpretation does not appear si probable as the one given above. CO'CHLEAR {Kox?Mlpwv) was a kind i,' spoon which appears to have terminated with a iwint at one end, and at the other was broad and h( ilow like our own spoons. The pointed end was used foi drawing snails {cochlea) out of theii shells, and eau ing them, whence it derived its i.ame ; and the broader part for eating eggs, &c. Martial" men- tions both these uses of the cochlear : " Sum cochleis habilis ncc sum minus utilis ovts."* Cochlear was also the name given to a small measure like our spoonful. According to Rhemni- us Fannius, it was J^ of the cyathus. CODEX is identical with caudex, as Claudius and Clodius, claustrum and clostrum, cauda and coda. Cato' still used the form caudex in the same sense in which afterward codex was used exclusively.' The word originally signified the trunk or stem of a tree,' and was also applied to designate anything composKl of large pieces of wood, whence the small fishing or ferry boats on the Tiber, which may originally have been like the Indian canoes, or were construct- ed of several roughly-hewn planks nailed together in a rude and simple manner, were called naves eau- dicaritr, or codicaria, or caudicece.' The surname n( Caudex given to Appius Claudius must be traceil to this signification. But the name codex was es- pecially applied to wooden tablets bound togcthei and lined with a coat of wax, for the purpose cl writing upon them ; and v,ihen, at a later age, parch- ment, or paper, or other materials were substituted for wood, and put together in the shape of a book, the name of codex was still applied to them.' h. the time of Cicero we find it also applied to the tab- let on which a bill was written ; and the tribune Cornelius, when one of his colleagues forbade his bill to be read by the herald or scribe, read it himself {legit codicem suum"). At a still later period, during the time of the emperors, the word was used to ex- press any collection of laws or constitutions of the emperors, whether made by private individuals or by public authority. See the following articles. CODEX GREGORIA'NUS and HERMOGENI- A'NUS. It does not appear quite certain if this title denotes one collection or tvv-o collections. The general opinion, however, is, that there were two codices, compiled respectively by Gregorianus and Hermogenianus, who are sometimes, though, as il seems, incorrectly, called Giegorius and Hermoge- nes. The codex of Gregorianus consisted of thir- teen books at least, which were divided into titles The fragments of this codex begin with constitu- tions of Septimius Severus, and end with Diocletian and Maximian. The codex of Hermogenianus, so far as we know it, is only quoted by titles, and it also contains constitutions of Diocletian and Max- imian ; it may, perhaps, have consisted of one booV only, and it may have been a kind of supplement or continuation to, or an abridgment of, the other. The name Hermogenianus is always placed after that »( Gregorianus when this code is quoted. According I. (1. 0.)— 3. (in Ind. Sonpt. R. R., s. v. Cavea.)- 3. (xi».i 121.)— 4. (Compare Plin., H. N., xxviii., 4.— Petron., 33.)-5 (ap. Front., Epist. ad M. Anton., i., 2.) — 6. (Compare Ovid, Met, xii.,432.)— 7. (Virg., Georg.,ii.,30.— Cni-jmella, xii., lO.-Plin., II. N., xvi., 30.)— 8. (Fest. and Varro, ap. Nonium, liir., 12.— Gellius, X., 25.)— 9. (Cic, Verr., ii., I, 36.— Dig. 32, tit 1, • 52.— Sneton., Octa»., 101.)— 10. ("id. cio. in Vat., 2.--JUK0' Pod. in Argum. ad Cornel., p. 58, ed. Orclli..^ UUJUilX JUSIINIANEUS. CODEX THEODOSIANUS. 10 the Consultationes, the Codex of Hermogenianus also contained constitutions of Valens and Valen- '.inian II., which, if true, would bring down the compiler to a time some years later than the reign of Constantine the Great, under whom it is generally assumed that he wrote. These codices vfere not made by imperial authority, so far as we know : they were the work of private individu- als, but apparently soon came to be considered as authority in courts of justice, as is shown indirectly (ly the fact of the Theodosian and Justinian Codes leing formed on the model of the Codex Gregoria- lus and Hermogenianus.' CODEX JUSTINIANE'US. In February of the ■ ear A.D. 5S8, Justinian appointed a commission, consisting of ten persons, to make a new collection of imperial constitutions. Among these ten were Tribonianus, who was afterward employed on the Digesta and the Institutiones, and Theophilus, a teacher of law at Constantinople. The commission was directed to compile one code from those of Gregorianus, Hermogenianus, and Theodosius, and also from the constitutions of Theodosius made subsequently to his code, from those of his success- ors, and from the constitutions of Justinian himself. The instructions given to the commissioners em- powered them to omit unnecessary preambles, repe- titions, contradictions, and obsolete matter ; to ex- press the laws to be derived from the sources above mentioned in brief language, and to place them under appropriate titles ; to add to, take from, or vary the words of the old constitutions, when it might be necessary, but to retain the order of time in the several constitutions, by preserving the dates and the consuls' names, and also by arranging them under their several titles in the order of time. The collection was to include rescripts and edicts, as well as constitutiones properly so called. Four- teen months after the date of the commission, the code was completed and declared to be law, under the title of the Justinianeus Codex ; and it was de- clared that the sources from which this code was derivel were no longer to have any binding force, and that the new code alone should be referred to as of legal authority.' The Digest or Pandect, and the Institutiones, were compiled after the publication of this code, subsequently to which, filly decisiones and some new constitutiones also were promulgated by the emperor. This rendered a revision of the Code ne- cessary ; and, accordingly, a commission for that purpose was given to Tribonianus Dorotheus, a distinguished teacher of law at Berytus in Phoeni- cia, and three others. The new code was promul- gated at Constantinople on the 16th of November, S34, and the use of the decisiones, the new consti- tutiones, ind of the first edition of the Justinianeus Codex, was forbidden. The second edition {secun- da edito, repelita prcBlectio, Codex repetitis praleclio- nis) is the code that we now possess, in twelve books, each of which is divided into titles. It is not known how many books the first edition con- tained. The constitutiones are arranged under their several titles, in the order of time and with the names of the emperors by whom they were respectively made, and their dates. The constitutions in this code do not go farther back than those of Hadrian, and those of the imme- diate successors of Hadrian are few in number; a circumstance owing, in part, to the use made of the earlier codes in the compilation of the Justinian 1. (Zimmem, GeschichtedesRftmischenPrivatrechts, Heidell)., ) g26, Hugo, Lehrbuch der Geschicht* des Rom. Rechts, Ber- l n, 1832.— Frag. Cod. Greg, et Hermog., in Schulting's Juria- tjiulentia Vet., CCENA'TIO. (VR CoswA.) COGNA'TI. The following passage! of Ulpian' will serve as the best introduotioti to the meaning of this thrill, while it shows on what ooeasions ques- tions involving cognatio and agnatio arose : "The hereditates of intestate ingenui belong in the first place to theif sui heredes, that is, children who are in the power of the parent, and those' who' are in the place of children (as grandchildren, for instance); if there are no sui heredes, it 'belongs to the consanguine!, that is, brothers atld sisters by the same! father (it was not necessary that they should be by the same mother)', if there are no consanguine!, it belongs to the remaining and near- est Sgnati, that is, to the^ cognati of the male sex, who trace their descetit through males, and are of the same familia. Aiid this is provided by the fol- lowing law of the Twelve Tables : ' Si inteslato mo- ritarcui stius-herss ncc escit^ agnatus proximus fa- miliam huheto.' " The foundation of cognatio is a legal marriage:' The term cognatus(withsOrae exceptions) compre- hends agnatus : an agnatus may be a oognatus, but a cognatus is only an agnatus when his relationship by blood is traced through males. The following will give a correct notion of agna- tus and cognatus. Familia means all those free per- sons who are in thepower of the same paterfamilias, or head of a familia ; and iii this sense faJnilia sig- nifies all the agnati, or all those vi>hb are united in one body by the common bond of the patria potestas. The coghatio, as already said, was the relationship I. N., xiii., 4.— BiUerbeok, Flora Classioa, p. 228.)— 3. (H. N., xxviii., 9.)^. (Macauley, Med. Diet., p. 137.)— 5. (Liv., x., 13, 92.— Tacit Ann., iii., 31 1—6. (Dig. 50, tit. 10, s. 85.) 27S Those WHO farmed the public revenues mines, .u; salt-works {salince) might have a corpus. The power of forming such a collegium or societas (for this term also was used) was limited by various leges, senatus consulta, and imperial constitutions.' Associations of individuals, who were entitled to have a corpus, could hold property in common; they could hold it, as the Roman jurists remark, just as the state held property {res communes). These collegia had a common chest, and could sue and be sued by their syndicus or actor. Such a body, which was sometimes also called a universi- tas, was a legal unity. That which was due to the body was not due to the individuals of it, and that which the body owed was not the debt of the indi- viduals. The common property of the body was liable to be seized and, sold for the debts of the body. The collegium or iiniversitas was governed by its own regulations, which might be any regula- tions that the body agreed upon, provided they were not contrary to law : this provision, as Gaius con jectures," was derived from a law of Solon, which he quotes. The collegium still subsisted, though all the original members were changed : it had, as our law expresses it, perpetual succession. Thus it ap- pears that the notion of a collegium is precisely that of our modern incorporations, the origin of vi;hichi.is clearly traceable to these Roman institutions., ■ A lawfully constituted collegium was legitimum. Associations of individuals, which affected to act as collegia, but were forbidden by law, were called illicita. . It does not appear how collegia were formed, ex- cept that some were specially established' by legal authority.' Other collegia were probably, formeil, by voluntary associations of individuals, under tH provisions of some general legal authority, such as, those of the publicani. This supposition would ac- count for the fact of a great number of collegii being formed in the course of time, and many of them being occasionally suppressed as not legitima Some of these corporate bodies resembled out companies or guilds ; such were the fabrorum, pis- torum, &c., collegia. Others were of a religious character; such as the pontificum, augurum, fra- trum arvalium collegia. Others were bodies con- cerned about government and administration ; as tribunorum plebis,' qusestorum, decurionum colle- gia. The titles of numerous other collegia may be collected from the Roman writers and from inscrip- tions. According to the definition of a collegium, the consuls, being only two in number, were not a colle- gium, though each was called coUega with respect to the other, and their union in office was called collegium. It does not appear that the Romans ever called the individual who, for the time, filled an office of perpetual continuance, a universitas or collegium : a kind of contradiction in terms, which it has been reserved for modern times to introduce, under the name of a corporation sole. . But the no- tion of a person succeeding to all the property and legal rights of a predecessor was familiar to the Romans in the case of a heres, who was said to take per universitatem, and the same notion, no doubt, always existed with respect to individuals who held any office in perpetual succession. , According to Ulpian, a universitas, though re- duced to a single member, was still considered a universitas ; for the individual possessed all the rights which once belonged to the body,; and thf name by which it was distinguished. When a new member was taken into a coUegir; 1. (Dig. 3, tit. 4.)— 2. (Dig. 47, tit. 22.)— 3. (Liv., v., 50, 52.1 —4. (Liv., T., 50, 52.— Suet , [ill , 42^-Octav., 32.— Dig. 3, !.'< 4,3. 1.)— 5. (Liv., 42, 32.) COLOCASIA. COLONIA. nil, he was said co-ovtari, and tlie old members were said with respect to him, recipere in collegium. The mode of filling up vacancies would vary in dif- ferent collegia. The statement of their rules be- longs to the several heads of Aughb, &c., which are treated of in this work. Civitates, and res pubUcse (civil communities), and municipia (in the later sense of the term) were viewed, in a manner, as corporations, though they were not so called : they could have property in common, and in some respects act as corporations; but they do not seem ever to have been legally con- sidered as corporations, because they consisted of an indeterminate number of individuals. According to Pliny,' res publicse and municipia could not take as heres ; and the reason given is, that they were a corpus incerlum, and so could not cerncre hereditaicm ; that is, do those acts which a heres must do in order to show that he consents to be a heres. TJniversitates, generally, are also con- sidered by modern writers to be within this rule, though they are clearly not within the reason of it ; for a collegium, which consisted of a determined number of individuals, was no more a corpus incer- lum than any other number of ascertained individu- als, and all that could possibly be required of them would be the consent of all. Municipia could, how- ever, acquire property by means of other persons, whether bond or free ;' and they could take fidei- commissa under the senatus consultum Aproniaunm which was passed in the time of Hadrian, and ex- tended to licita collegia in the time of i)/[. Aurelius.' By another senatus consultum, the liberti of munici- pia might make the municipes their heredes. The gods could not be made heredes, except such deites as possessed this capacity by special senatus con- sulia or imperial constitutions, such as Jupiter Tar- peius, &c.' By a constitution of Leo,' civitates eould take property as heredes. In the time of Paiilus (who wrote between the time of Caracalla and Alexander Severus), civitates could take lega- cies of particular kinds. Though civitates within the Roman Empire could not receive gilts by will, yet independent states could receive gifts in that way, a case' which fur- nishes no objections to the statement above made by Pliny and Ulpian. In the same way, the Roman state accepted the inheritance of Attains, king of Pergamus, a gift which came to them from a for- eigner. The Roman lawyers considered such a gift to be accepted by the jus gentium. »COLOCA'SIA and -lUM (,Ko?MKaaia and -wv), the edible root of the Egyptian Bean (/cia/iof 6 Ai- yvwTioi;). It grew, according to Dioscorides,' chiefly in Egypt, but was found also in the lakes of Asia. " It has leaves," says the same authority, "as large as a petasus ; a stalk a cubit in length, and of the thickness of a finger ; a rosaceous flower twice as large as a poppy. When the flower goes off, it bears husks like little bags, in which a small bean appears beyond the lid, in the form of a bottle, which is called ciborion or cibotion (mbCipiov jj Kiidnov), i. e., a little coffer or ark, because the bean is sown on the moist earth, and so sinks into the water. The root is thicker than a reed ; it is eaten both raw and boiled, and is called Colocasia. The bean is eat- en green, and when it is dried it turns black, and is larger than the Greek Bean."' Theophrastus, in the account which he gives of the Egyptian Bean, does not in the least hint, as Martyn remarks, that any part of the plant was called Colocasia ; PUny,° however, agrees with Dioscorides in making them the same. He mentions the stalk as the part tna» is eaten ; says the Egyptians used the leaves to drink out of; and adds, that in his time it was plant- ed in Italy. " Prosper Alpinus, in his work De Plantis AUgypti, assures us that the modern jEgyp tian name of this plant is Culcas, which the Greek writers might easily change to the more agreeable sound of Colocasia. He says no plant is bettei known, or is in more use among them, the root of it being eaten as commonly as turnips among us. ■ The Colocasia began to be planted in Italy in Vir- gil's time ; and when the fourth Eclogue of that poet (in which mention is made of it) was written it was a rarity newly brought from jEgypt, am? therefore the Mantuan bard speaks of its growing commonly in Italy as one of the glories of the gold- en age which was now expected to return."' For farther information respecting the Colocasia, the reader is referred to Fee's Flore de Virgile. Ac- cording to this last-mentioned writer, the ancients frequently confounded the Nymphaa Lotus and the Aram Colocasia under the common name of Coloca- sium. *COLOCYNTHE {KoloKvven, -Ba, and-rj?), the Gourd. •' Even in the days of Atheneeus,"^ says Adams, " the savans complained of the difiiculty of distinguishing the summer fruits from one another, owing to the confusion of names which had taken place among the authors who had treated of them Thus Nicander applied the term atnva to what was the KoXoKvvffa of later writers ; and it is farther de- serving of remark, that Galen applies the term ct'/c- uof to the Ko2.6Kvv6a of Dioscorides, i. e., to the Cu- curms sativus, or common Cucumber, and, conse- quently, his (Galen's) aoTiOnvvdri was the Cucurbita, or Gourd. In this sense I am inclined to think tht- terms aiKvog and /co/lo/ctJvSjj are generally used by the writers on Dietetics, namely, the former is the Cucumber, and the latter the Gourd of English gar- deners.' Theophrastus did not define accurately the character of his KoXoKvvBr;, and, indeed, accord- ing to Athenaeus, he described several species of it. I can scarcely believe, however, that he generally applied it to the Cucumis Colocynthis, i. e., the Col- oquintida, or Bitter Apple, as Stackhouse repre- 'sents.'' ' •COLOCYNTHIS {KoXoKweig), I. The Bittei Apple (Coloquintida), or Cucumis C jcocynihis.^ — II. The common Cucumber, or Cucumis sativus.' *CO.LIAS (KoTitaf), the name of a small Fish, mentioned by Pollux, Aristotle, Athenseus, and jElian. It would appear to have been a variety of the Mackerel, or &ii.omber scomber.'' *COLOIOS (/coXoMf). (Vid. Gkaculus.) COLO'NI. (7td. Pr^dium.) COLO'NIA. This word contains the same ele- ment as the verb cokre, "to cultivate," and as the word cglonus, which probably originally signified a "tiller of the earth." The English word colony, which is derived from the Latin, perhaps expresses the notion contained in this word more nearly than is generally the case in such adopted terms. A kind of colonization seems to have existed among the oldest Italian nations, who, on certain occasions, sent out their superfluous male popula tion, with arms in their hands {Upa veonj^), to seels for a new home.' But these were, apparently, mere hands of adventurers, and such colonies rather re- sembled the old Greek colonies than those by which Rome extended her dominion and her name. Colonies were established by the Romans as fai back as the annals or traditions of the citv extend. 1 (En., v., 7.— Ulp., Frag., titi 22, s. 5.)— 2. (Dig. ,41, tit. 2, E l' 6 22.)— 3. (DifT. 34, tit. 5, s.' 21.)— 4. (Ulp., Fragm., tit. 22, f li') -5 iC.iil, (i. <■'<: 24, s. 12.)— 6. (Tacit., J\im., iv., 43.)— 7. (ii 19£.)-8. lli. ]'■• iv . 4.)-9. (U. N.,.™., 15.) 1. (Virgil, Eolog.,iv., 20.— Martyn, ad loc.)— 2. (i.i., c. 14.)— 3. (Adams, Comlnentary on Paul i)f JEg'wa, p. 103.) — 4 (Ad- ams, Append., s. v.) — 5. (Dioscor., iv., 175. — Gulen, l)e Simpl vii.) — 6. (llippocr., Affect.) — 7. (Adams, Append., s. v.) — 8 (Dionys. Hal., Antiq. Bom., i., 16.) 279 COLONIA. COLONIA and the practice was continued, without intermis- sion, during the Republic and under the Empire. Sigonius' enumerates six main causes or reasons which, from time to time, induced the Romans to send out colonies ; and these causes are connected with many memorable events in Roman history. Colonies were intended to keep in check a conquer- ed people, and also to repress hostile incursions, as in the case of the colony of Narnia," which was ■founded to check the Umbri ; and MinturnsB and Sinuessa,-'' Cremona and Placentia,* which were founded for similar purposes. Cicero'^ calls the old Italian colonies the " propugnacula imperii;" and in another passage' he calls Narbo Martins (Narbonne), which was in the provincia Gallia, " Colon ia nostrorum civium, specula populi Romani et propugnaculum." Another object was to in- crease the power of Rome by increasing the popu- lation.' Sometimes the immediate object of a col- ony was to carry off a number of turbulent and dis- contented persons: Colonies were also established for the purpose of providing for veteran soldiei-s, a practice which was begun by Sulla, and continued under the emperors: these colonise were called niil- itares. It is remarked by Strabo,' when speaking of the Roman colonies in the north of Italy, that the an- cient names of the places were retained, and that, though the people in his time were all Roman, they were called by the names of the previous occupiers of the soil. This fact is in accordance with the character of the old Roman colonies, which were in the nature of garrisons planted in conquered towns, and the colonists had a portion of the con- quered territory (usually a third part) assigned to them. The inhabitants retained the rest of their lands, and lived together with the new settlers, who alone composed the proper colony.' The conquer- ed people must at first have been quite a distinct class from, and inferior to, the colonists. The defi- nition of a colonia by Gellius'" will appear, from What has been said, to be sufficiently exact : " Ex civitate quasi propagata — populi Romani quasi effigies parva fimulacraque." No colonia was established without a lex, plebis- citum, or senatus consultum ; a fact which shows that a Roman colony was never a mere body of ad- venturers, but had a regular organization by the pa- rent state. AC lording to an ancient definition quo- ted by Niebuhr," a colony is a body of citizens, or socii, sent out to possess a commonwealth, with the approbation of their own state, or by a public act of that people to whom they belong; and it is added, those are colonies which are founded by public act, not by any secession. Many of the laws which re- late to the establishment of colonic were leges agra- rias, or laws for the division and assignment of pub- lic lands, of which Sigonius has given a list 'in his work already referred to. When a law was passed for founding a colony, persons were appointed to superintend its forma- tion (co.oniam deducere). These persons varied in number, but three was a common number (— S. (Tacit.. Ann., i., 17.) 283 a j lace into a praefectura is mentioned aflerwarrt , and fora, conciliabula, castella, are merely smallei communities, with an incomplete organization.'" As in Rome, so in the colonies, the popular assem- bly had originally the sovereign power ; they chose the magistrates, and could even make laws. ' When the popular assemblies became a mere form in Rome, and the elections were transferred by Tiberi- us to the senate, the same thing happened in the colonies, whose senates then possessed whatever power had once belonged to the community. The common name of this senate was ordode- curion'tm; in later times, simply- ordo and curia; the members of it were decuriones or curiales Thus, in the later ages, curia is opposed to senatus, the former being the senate of a colony, and the latter the senate of Rome. But the terms senatua and senator were also applied to the senate and members of the senate of a colony, both by histori- ans, in inscriptions, and in public, records; as, foi instance, in the Heracleotic Tablet, which contain- ed a Roman lex. After the decline of the popular assemblies, the senate had the whole internal ad- ministration of a city, conjointly with the magistra tus ; but only a decurio could be a magistratus, and the choice was made by the decuriones. Augustus seems to have laid the foundation for this practical change in the constitution of the colonies in Italy. All the citizens had the right of voting at Rome, but such a privilege would be useless to most of tlie citizens, on account of their distance from Rome. Augustus^ devised a new method of voting : the de- curiones sent the votes in writing, and under seal, to Rome ; but the decuriones only voted. Thousb this was a matter of no importance after Tiberiufj had transferred the elections at Rome from the po;) ular assemblies to the senate, this measure of Ab gustus would clearly prepare the way for the pp? eminence of the decuriones, and the decline of im popular power. The highest magistratus of a colonia were tli' duumviri* or quattuorviri, so called, as the numbert might vary, whose functions may be compared witl.. those of the consulate at Rome before the establish ment of the praetorship. The name duumviri seemf to have been the most common. Their prineipa' duties were the administration of justice, and, ac- cordingly, we find on inscriptions " Duumviri J. D." {juri diciindo), " Quattuorviri J. D." They wero styled magistratus pre-eminently, though the name magistratus was properly and originally the mas'; general name for all persons who filled similar situ- ations. The name consul also occurs in inscrip- tions to denote this chief magistracy; and even dictator and praetor occur under the Empire and un- der the Repubhc. The oflice of the duumviri lasted a year. Savigny shows that under the Republic the jurisdictio of the duumviri in civil matters was un limited, and that it was only under the Empire thai it was restricted in the manner which appears from the extant Roman law. In some Italian towns there was a prsefectus juri dicundo ; he was in the place of, and not coexistent with, duumviri. The duumviri were, ai -I'c have seen, originally chosen by the people ; oui the praj- fectus was appointed annually in Rome,' and sen* to the town called a prajfectura, which might be ei ther a municipium or a colonia, for it was only in the matter of the prasfectus that a town called a praefectura diflfered from other Italian towns. Av pinum is called both a municipium and a preefectu- ra ;° and Cicero, a native of this place, obtained the highest honours that Rome could confer. 1. (Savigny.)— 2. (Cic.,De Leg., iii., 1(3.)— 3. (Siieton.,e.46,) —4. (Cir,., Agr. Leg., ii., 34.)— 5. (Liv., xxvi., IB.)— 6. (Cic. Kn ad Fani., xiii., 11.- Festus, s. v. Pr^fectura.) COLOiMA. COiOMlA. The censor, curator, or quinquennalis, all which names denote the same functionary, was also a mu- nicipal magistrate, and corresponded to the censor at Rome, and in some cases, perhaps, to the quaes- tor also. Censors are mentioned in Livy' as ma- gistrates of the twelve Latin colonies. The quin- quennales were sometimes duumviri, sometimes quattuorviri ; but they are always carefully distin- guished from the duumviri and quattuorviri J. D. ; and their functions are clearly shown by Savigny to have been those of censors. They held their office for one year, and during the four intermediate years the functions were not exercised. The ofBce of censor or quinquennalis was higher in rank than that of the duumviri J. D., and it could only be fill- ed by those who had discharged the other offices of the municipality. For a more complete account of the organization of these municipalities, and of their fate under the Empire, the reader is refenred to an admirable chap- ter in Savigny," from which the above brief notice is taken. The terms munioipium and municipes require ex- planation in connexion with the present subject, and the explanation of them will render the nature of a prsefectura still clearer. One kind of municipium was a body of persons v/ho were nol^ Roman citi- zens, but possessed all the rights of Roman citizens except the sufTragium and the honores. But the comnmnities enumerated as examples of this kind of municipium are the Fundani, Formiani, Cumani, Acerrani, Lanuvini, and Tusculani, which were conquered states,* and received the civitas without the sufFragium ; and all these places received the complete civitas before the social war, or, as Festus expresses it. " Post aliquot annos cives Romani ef- fecti sunt." It is singular that another ancient def- inition of this class of municipia says, that the per- sons who had the rights of Roman citizens, except the honores, were cives ; and among such commu- nities are enumerated the Cumani, Acerrani, and Atellani. This discrepancy merely shows that the later Roman writers used the word civis in a very loose sense, which we cannot be surprised at, as they wrote at a time when these distinctions had ceased. Another kind of municipium was, when a civitas was completely incorporated with the Roman state ; as in the case of the Anagnini,' Caerites, and Aricini, who completely lost all internal administra- tion of their cities ; while the Tusculani and Lanu- vini retained their internal constitution, and their magistrate called a dictator. A third class of mu- nicipia was those whose inhabitants possessed the full privileges of Roman citizens, and also the in- ternal administration of their own cities, as the Ti- burtes, Prsenestini, Pisani, Urbinates, Nolani, Bo- nonienses, Placentini, Nepesini, Sutrini, and Lu- crenses (Lucenses'!). The first five of these were civitates sociorum, and the second five colonise Lati- nje ; they all became municipia, but only by the ef- fect of the Julia Lex, B.C. 90. It has also been already said that a praefectura was so called from the circumstance of a praefectus J. D. being sent there from Rome. Those towns in Italy were called praefecturas, says Festus, "In quibus et jus dicebatur et nundinae agebantur, et erat quasdam earum respublica, neque tamen ma- gistratus suos habebant; in quas legibus prsefecti mittebanlur quotannis, qui jus dicerent." Thus a prasfectura had a respublica, but no magistratus. He then makes two divisions of prsefecturee. To the first division were sent four praefecti chosen at Rome (jiopuli suffragio); and he enumerates ten 1. (xxix., 15.) — 9. (Geschichte des Rom. Rechts, (fee, i., ]6, ic.) — 3 (Festus, s. v. Municipium.) — 4. (Liv., viii., 14."^ 5 lUv.. ii , 23.) places in Campania to which these quattuorviri were sent, and among them Cuinas and Acerra, which were municipia; and Volturnum, l.iternum, and Puteoli, which were Roman colonies establish- ed after the second Punic war. The second divis ion of prffifecturae comprised those places to which the praetor urbanus sent a praefectus every year, namely. Fundi, Formis, Csere, Venafrum, Allifa;. Privernum, Anagnia, Frusino, Reate, Saturnia, Nur- sia, Arpinum, ahaque complura. Only one of them, Saturnia, was a colony of Roman citizens;' the rest are municipia. It is the conclusion of Zumpt, that all the municipia of the older period, that is, up to the time when the complete civitas was giv- en to the Latini and the socii, were praefecturae, and that some of the colonies of Roman citizens were also praefecturae. Now as the prasfectus was appointed for the purpose of administering justice {juri dicundo), and was annually sent from Rome, it appears that this was one among the many ad- mirable parts of the Roman polity for maintaining harmony in the whole political system by a uni- formity of law and procedure. The name praefec- tura continued after the year B.C. 90 ; but it seems that, in some places at least, this functionary ceas- ed to be sent from Rome, and various praefecturae acquired the privilege of having magistratus of their own choosing, as in the case of Puteoh, B.C 63.' The first class or kind of praefecti, the quattuorviri who were sent into Campania, was abolished by Augustus, in conformity with the general tenour of his policy, B.C. 13. After the passing of the Juha Lex de Civitate, the cities of the socii which receiv ed the Roman civitas still retained their internal constitution ; but, with respect to Rome, were all included under the name of municipia : thus Tibur and Praeneste, which were Latina; civitates, then became Roman municipia. On the other hand, Bo- nonia and Luca, which were originally Latinae co- loniae, also became Roman municipia in consequence of receiving the Roman civitas, though they retain- ed their old colonial constitution and the name of colonia. Thus Cicero" could with propriety call Placentia a municipium, though in its origin it was a Latin colonia ; and in the oration Pro Sext.^ he enumerates municipia, coloniee, and praefecturae as the three kinds of towns or communities under which were comprehended all the towns of Italy. The testimony of the Heracleotic tablet is to the like effect ; for it speaks of municipia, colonia;, and praefecturae as the three kinds of places which had a magistratus of some kind, to which enumeration it adds fora and conciliabula, as comprehending all the kinds of places in which bodies of Roman citi zens dwelt. It thus appears that the name municipium, whicli originally had the meanings already given, acquired a narrower import after B.C. 90, and in this nar- rower import signified the civitates sociorum and coloniae Latinae, which then became complete mem- bers of the Roman state. Thus there was then re ally no difference between these municipia and the coloniae, except in their historical origin, and in their original internal constitution. The Roman law pr& vailed in both. ■ The following recapitulation may be useful : The old Roman colonies (ci-oium Romanorum) were pla- ced in conquered towns, and the colonists continu- ed to be Roman citizens. These colonies were near Rome, and few in number. Probably some of the old Latinae coloniae were established by the Romans in conjunction with other Latin states (Antium) After the conquest of Latium, Latinee coloniae were established by the Romans in various parts of Italy. 1. (Lit., xxxix., 55.)— 2. (Cic, De Le j. Agr-. i'., c ?!.)— 1 (in Pis., c. 23.)— 4. (c. 14.) 2R3 UOLONIA. COLONIA. These colonies should be distinguished from the colonies civium Romanorum, inasmuch as they are sometimes called coldnias populi Romani, though they were not coloniae civium Romanorum.' Ro- man citizens who chose to join such colonies, gave up.their civic rights for the more solid advantage of a grant of land. When Latin colonies b^an to be established, few Roman colonies, were founded- until after the close of the second Punic war (B.C. 201), and these few were chiefly maritime colonies (Anxur, &e.). These Latin colonies were subject to and part of the Ro- man state ; but they had not the civitas : they had no political bond among themselves; but they had the administration of their internal affairs. As to the origin of the commercium, Savigny's conjecture has been already stated. (Fii Civitas.) The col- onies of the Gracchi: were Roman colonies; but their object, like that of subsequent Agrarian laws, was merely to provide for the poorer citizens : the old Roman and the Latin colonies had for their ob- ject the extension and conservation of the Roman Empire in Italy. Afterthepassingof the Lex Julia, which gave the civitas to the socii and the Latin colonies, the object of establishing Roman and Latin colonies ceased ; and military colonies were thence- forward settled in Italy, and, under the emperors, in the provinces. These military colonies had tbe civitas, such as it then was ; but their internal or- ganization might be various. It would require more space than is consistent with the limits of this work to attempt to present anything, like a complete view of this interesting subject. ' The; following references, in addition to those already given, wlQ direct the reader to abun- dant sources of information : Sigonius, De Jure Arir tiquo, &c. ; Niebuhr, Roman History ; Savigny, Ue- ber das Jus Italicwm, Zeitschr., vol. v. ; TabulcB He- racteenses Mfizochi, Neap., 1754 ; Savigny, Der Rd- mische Voikssclduss der Tafel von Heraoha; and Rudorff, Ueber die Lex Mamiliade Goloniis, Zeitsch., vol. ix. ; Rudorff Das Acker gesetz von Sp. Thorius, and Puchta, Ueber den Inhalt der Lex Rubria de Gal- lia Cisalpina, Zeitschr., vol. X. Since this article was written, and after part of it was printed, the author has had the opportunity of reading two excellent essays : De Jute et Con- dicione Coloninrum PopuH Romani Quastiohistorica, Madvigii Op-Mcula, HawniiB, 1834; and Ueber den Unterschied den Benennungen Municipium, Colonia, Prafectura, Zumpt, Berlin, 1840. With the help of these essays, he has been enabled to make some' important additions. But the subject is incapable of a full exposition within naiTow limits, as the his- torical order is to a certain extent necessary, in or- der to present a connected view of the Roman co- lonial systpm. The essay of Madvig has establish- ed beyond all dispute several most important ele- ments in this inquiry ; and, by correcting the errors of several distinguished writers, he has laid the foundation of a much more exact knowledge of this part of the Roman polity. Greek; Colonies. The usual Greek words for a colony are intouda and xkripovxia. The latter word, which signified a division of conquered lands among Athenian citizens, and which corresponds in some respects to the Roman- colonia and our notions of a modern colony, is explained in the article Cle- SDCHI. The earlier Greek colonies, called Inroulci, were usually composed of mere bands of adventurers, who left their native country, with their families and property, to seek a new home for themselves. Some of the colonies, which arose in consequence of foriiign invasion or civil wars, were undertaken 284 1. (T.ir., xxvii., 9 ; xxix., 15.) without any formal consent from the rest ol'' tie community ; but usually a colony was sent out with the approbation of the mother-country, and under the management of a leader {olklitvc:) appointed by it. But whatever may have been the originof the colony, it was always considered, in a political point of view, independent of the mother-country (called by the Greeks /itiTpoiro^tc), and entirely emancipated from its control. At the sarfte time, though a colony was in no political subjection' to its parent state, it was united to it by the ties of 'filial affection ; and, according to the generally received opinions of the Greeks, its duties to the parent state corresponded to those of a daughter to her mother.' Hence, in all matters of common interest, the col- ony gave precedence to the mother state ; and tlie founder of the colony {oIklottk), who might be con- sidered as the representative of the parent state, was usually worshipped, after his death, as a' hero." Also, when the colony became in its turn' a parent, it usually sought a leader for the colony which it intended to found from the original mother-coun try ;^ and the same feeling of respect was manifest ed by embassies which were sent to honour the principal festivals of the parent state,* and also by bestowing places of honour and other marks of re- spect upon the ambassadors and other members of the parent state, when they visited the colony at festivals and similar occasions.' The colonists also worshipped in their new settlement the same dei- ties as they had been accustomed to honouirin their native country ; the sacred fire, which was con- stantly kept burning on their public hearth, was taken from the Prytaneum of the parent city ;' and, according to one account, the priests who minis- tered to the gods in the colony were brought from the parent state.? In the same spirit, it was con- sidered a violation of sacred ties for a mothei^coun- try anda colony to make war upon one another.' The preceding account of the relations between the Greek colonies and the mother-country is sup- ported by the history which Thucydides gives us of the quarrel between Corcyra and Corinth. ' Corcy- ra was a colony of Corinth, and Epidamnus a colo- ny of Corcyra; but the leader (okwri^f) of 'Epi damnus was a Corinthian, who was invited from the metropohs Corinth. In course of time, in con- sequence of civil dissensions and attacks from the neighbouring barbarians, the Epidamnians apply for aid to Corcyra, but their request is rejected. They next apply to the Corinthians, who took Epidamnus under their protection, thinking, says Tiiucydides, that the colony was no less theirs than the Corcy- rffians': and also induced to do i so through hatred of the Corcyraeans, because they neglected them though they were colonists ; for they did not give to the Ccjrinthians the customary honours and defer- ence in the pubhc soleimnities and sacrifices that the other colonies were wont to pay to the mother- country. The Corcyreeans, who had become very powerful by sea, took offence at the Corinthians re- ceiving Epidamnus under their protection, and the result was ^a war between Corcyra and 'Corinth. The Corcyraeans sent ambassadors to Athens to ask assistance; and in reply to the bbjisction that thev were a colony of Corinth, they said "that every colony, as long as it is treated kindly, respects the mother-country ; but when it is injured, is alienated from it ; for colonists are not sent out as subjects, but that they may have equal rights with those that remain at home.'" 1. labaster, porphyry, jasper, or granite, which is ei- ther corroded by time, or retains its polish and its varied and beautiful colours, according to the situa- tion in which it has been placed, or the durability of its substance. The mausoleum of the Emperor Adrian, a circular building of such dimensions that it serves as the fortress of modern Rome, was sur- rounded by Ibrty-eight lofty and most beautiful Co- rinthian pillars, the shaft of each pillar being a sin- gle piece of marble. About the time of Constan- tine, some of these were taken to support the inte- rior of a church dedicated to St. Paul, which a few years ago was destroyed by fire. The interest at- tached to the working and erection ol these noble coltunns, the undivided shafts of which consisted of the most valuable and splendid materials, led mu- nificent individuals to employ their wealth in pre- senting them to public structures Thus Croesus contributed the greater part of the pillars to the temple at Ephesus.' In the ruins at Labranda, now called Jackly, in Caria, tablets in front of the col- umns record the names of the donOrs, as is shown in the specimen of them above exhibited. *" The capitals used in the architecture of the Greeks," observes Stuart,* " though with number- less minute variations Of ornaments and propor- tions, arrange themselves into three general classes, and offer the most obvious distinction between the orders. The Doric capital, which preserves more of the primitive type than any other, is extremely plain, but its simplicity is not without beauty. It consists of a broad and massy abacus,, an ovolo un- der the abacus, from three to five fillets under the 1. (vol.ii., p. 301.)— 2. (Virg., ^11., i., 428.)— 3. (Herod.,!., 62 ) — 4. (Dictionary of Architecture, vol. i., s. v Caoitnl.) Oo ovolo, and under these a neck called the frieze of the capital. In the Ionic capital there is great in- vention, and a particular character is displayed ; in- deed, so much so, that it never fails to distinguish itself, even on the most slight and careless observa- tion. It consists of a small and moulded abacus, below which depend to the right and left two spiral volutes ; it has also an echinus, which is not unfre- quently enriched, and a bead. The Corinthian cap- ital is most richly ornamented, and difl^ers extreme- ly from the others. In this the abacus is hollowed, forming a quadrilateral figure with concave sides, the angles of which are generally truncated. Some- times the abacus is enriched, but more frequently ornamented with a flower in the middle. Below the abacus the capital has the form of a vase or bell, surrounded with two tiers of the leaves of the acanthus, or, rather, of leaves resembling those of a species of the acanthus plant. Under each angle of the abacus springs a volute, and under the flo\y- er in the centre of the abacus there are caulicuii. With regard to the Tuscan capital, there are nc authenticated remains of the order; and the pre- cepts of Vitruvius on this head are so very obscure that the modern compilers of systems of architec- ture have, of course, varied exceedingly in their de- signs ; the order, therefore, that passes under this name must be regarded rather as a modjrn than an ancient invention. It has been made 'o differ from the modern Doric by an air of poverty tnd rudeness, by the suppression of parts and mouldings. But, though the Tuscan capital is plain and simple in the highest degree, it well becomes that column whose character is strength. The Composite capital is formed by a union of the Ionic and Corinthian. It consists of a vase or bell, a first and second row of acanthus leaves, with some small shoots, a fillet, astragal, ovolo, four volutes, and a hollowed abacui: with a flower in its centre." Columns were used in the interior of bu/Ai-ngs. to sustain the beams which supported the ceiling. As both the beams and the entire ceiling were often of stone or marble, which could not be obtained in pieces of so great a length as wood, the columns were in such circumstances frequent in proportion, not being more than about ten or twelve feet apart. The opisthodomos of the Parthenon of Athens, as appears from traces in the remaining ruins, had foui columns to support the ceiling. A common arrange- ment, especially in buildings of an oblong form, was to have two rows of columns parallel to the two sides, the distance from each side to the next row of columns being less than the distance between the rows themselves. This construction was ado[it- ed not only in temples, but in palaces (oUoi), i. e:^ in houses of the greatest size and splendoui Tbe great hall of the palace of Ulysses in Ithaca, that ot the King of the Phsacians, and that of the palace of Hercules at Thebes,' are supposed to have beea thus constructed, the seats of honour both far ilie master and mistress, and for the more distingud^ed of their guests, being at the foot of certain pillars ° In these regal halls of the Homei ic sera, we are also, led to imagine the pillais decorated with arms. When Telemachus enters his father's hall, tie place.« his spear against a column, and " within the Dol- ished spear-holder," by which we must UEdersiand one of the striae or channels of the shaft.' Around the base of the columns, near the entrance, all th» warriors of the family were accustomed to incliuti their spears ; and from the upper part of the same they suspended their bows and quivers on nails or hooks.* The minstrel's lyre hung upon its peg from 1. (Eurin., Here. Fur., 975-1013.)— 2. (Od., vi., 307 ; vm.,86 473; xxiii., 90.)— 3. (Od., i., 137-129; xvu., 29.— Viij J^a. xii., 92.)— 4. (Horn., Hymn, in Ap., 8.) 389 COLUMNA. COLUMNA. another column nearer the top of the room.' The columns of the hall were also made subservie.it to less agreeable uses. Criminals were tied to them in order to be scourged or otherwise tormented." A.ccording to the description in the Odyssey, the oeams of the hall of Ulysses wer.-^ of silver-fir ; in such a case, the apartm'^n' m'ffhi be very spacious without being overc"-owaeG 'viin columns.^ Such, likewise, was the nail of the palace of Atreus at .Mycenae : " Fulget twrba capax Immane tectum, cu- ius avratas trabes Variis columna nobiles maculis fe- ■:unt."* Row.s of columns were often employed within a building to enclose a space open to the sky. Beams supportir g ceilings passed from above the columns to the adjoining walls, so as to form covered passa- ges or ambulatories {aroai). Such a circuit of col- un-.ns was called a ■peristyle {rrepiarvlov), and the Roman atrium was built upon this plan. The lar- gest and most splendid temples enclosed an open space like an atrium, which was accomplifthed by (Jacing one peristyle upon another. In such cases, the lower rows of columns being Doric, the upper were sometimes Ionic or Corinthian, the lighter be- ing properly based upon the heavier.' A temple so constructed was called hypcethral (yiraiBpo^). On the outside of buildings columns were by no means destitute of utility. But the chief design m erecting them was the attainment of grandeur and beauty : and, to secure this object, every cir- cumstance relating to their form, proportions, and arrangement was studied with the utmost nicety and exactness. Of the truth of this observation, some idea may be formed from the following list of terms, which were employed to distinguish the dif- ferent kinds of temples.' I. Terms describing the number and arrange- ment of the columns. I. 'AuTvAof, astyle, without any columns.' 3. 'Ev Trapaaruat, in antis, with two columns in front between the antae." (Woodcut, p. 61.) 3. UposTvXoc, prostyle, with four columns in front. 4. 'A/i^iirpoarvXo;, ampMprostyle, with four col- umns at each end. 5. llepiwrepoc or ufKJiiK'tav,' peripteral, with col- umns at each end and along each side, the side being about twice as many as the end columns, including two divisions, viz. : a. 'Ef(i(jTi;/lof, hexastyle, with six columns at each end, and either nine or eleven at each side, besides those at the angles. Example, the Theseum at Athens. *. '0/cracrrDAof, octastyle, with eight columns at each end, and fifteen at each side, besides those at the angles. Example, the Parthenon at Athens. 6. AiTTTcpoc, dipteral, -wilh two ranges of columns (nrepu) all round, the one within the other. 7. 'ievSoSlT!Tepo(, pseudodipteral, with one range only, but at the same distance from the walls of the eella as the outer range of a diirrepog. 8. .\eKu.arvh)c, deeastyle, with ten columns at each end, -vvhich was the case only in hypasthral temples." II. Terms describing the distance of the columns liom one another, and from the walls of the cella. 1. UvxvoaTiiTioc, pycnostyle, the distance between the columns a diameter of a column and half a di-- ameter. 3. ivaTvXo;, systyle, the distance between the columns two diameters of a column. I. {Od., Tiii., 67.— Find., 01., i., 17.) —2. (Soph., Ajax, ]08. — Lobeck, ad Ux. — Dio§r. Laerl ., viii., 21 .- Hesiud., Theo^., 521.) -3. (Od., lix., 38 ; xxii., 176 193.)— 4. (Sen., Thyest., iv., 1.) 5. (I'aus., T.i;., 45, 1) 4.)— 6 (VitniT., iii., 2, 3.) —7. (Leoni- daa Tar. in B- inck. Analect., i., 237.— Plin., II. N., ixxiy., 8.) — S. (Find., (jl , vi., 1.) -9. (.*)ph., Antig., 285.)— 10. (Vitriv., ,11., 1.) 2!' I 3. EvaTv7i.or, eustyle, the distano between int columns two diameters and a quarle., except in the centre of the front and back of the building, wliere each intercolumniation {intcrcolumnium) was tlireii diameters, called eustyle, because it was best adapt ed both for beauty and convenience. 4. AiuarvTioc, diaslylc, the intercolumniation. ci distance between the colunms, three diameters. 5. ' kpatoarvXag, araostyle, the distances excesa- ive, so that it was necessary to make the epistyle {kmariXtov), or architrave, not of stone, but ol timber. Columns in long rows were used to convey watei in aqueducts,' and single pillars were fixed in har- bours for mooring ships.' Some of these are found yet standing. Single columns were also erected to commemo- rate persons or events. Among these, some of the most remarkable were the columna rostraite, called by that name because three ship-beaks proceeded from each side of tliem, and designed to record suc- cessful engagements at sea {navali surgentes art columnce'). The most important and celebrated of those which yet remain is one erected in honour ol the consul C. Duillius, on occasion of his victor)' over the Carthaginian fleet, B.C. 261 (see the an- nexed woodcut). It was originally placed in lln Forum,' and is now preserved in the. museui'i nt the Capitol. The inscription upon it, in great pari effaced, is written in obsolete Latin, similar tc that of the Twelve Tables.* When statues were raiseJ to ennoble victors at the Olympic and other games, or to commemorate persons who had obtained any high distinction, the tribute of public homage was rendered still more notorious and decisive by fixing their statues upon pillars. They thus appeared, aa Pliny observes,' to be raised above other mortals. But columns were much more commonly used tu commemorate the dead. For this purpose they va- ried in size, from the plain marble pillar bearing a simple Greek inscription,' to those lofty and elabo- rate columns which are now among the most won- derful and instructive monuments of ancient Rome. The column on the right hand, in the last woodcut, exhibits that which the senate erected to the honour of the Emperor Trajan, and crowned with his co- lossal statue in bronze. In the pedestal is a door, which leads to a spiral staircase for ascending to 1. (Crates, aD. Athen.. vi., 94.)— 2. (Od., x.vii., 466.)— 3. (Vrfi'.i Gsorg., iji., 29.— Servius, ad Inc.)— 4. (Plin,, IT, N,, T^liv.j 11) —5, (QuintiL, i., 7.)— 6. (11. N., .v.xxjv., 12.)-7. 'Leon. Tar i« Ht-nnck Anal., i.. 239.1 COMA. COMA. (he summit. Light is admitted to the staircase Hiroiigh numerous apertures. A spiral bas-relief is folded round tlie pillar, which represents the em- peror's victories over the Dacians, and is one of the most valuable authorities for archsological inqui- ries. Including the statue, the height of this monu- ment, in which the ashes of the emperor were de- posited, was not less than 130 feet. A similar col- jjun, erected to the memory of the Emperor Marcus Aurelius, remains at Rome, and is commonly known jy the appellation of the Antonine column. After the death of Julius Caesar, the people erected to his memory a column of solid marble, 20 feet high, in the Forum, with the inscription p.vrenti patei^.' Columns still exist at Rome, at Constantinople, and in Egypt, which were erected to other emperors. COMA (xofiTi), the hair of the head. Besides this general term, there are various other words, both in Greek and Latin, signifying the hair, each of which acquires its distinctive meaning from some physical property of the hair itself, or from some pe- culiarity in the mode of arranging it, the principal of which are as follow : 1. "Edeipa," a head of hair when carefully dressed.' 2. Xairrf, properly the mane of a horse or lion, is used to signify long flow- ing hair.' 3. ioSi;, when accurately used, implies the hair of the head in a state of disorder incident to a person under a sense of fear." 4. HoKag, from Treka or tt^ku,' the hair when combed and dressed.' 5. Gpi'f, a general term for hair, from the plural of which the Romans borrowed their word trica :' rpi- Ifwo-if and Tpixufia are used in the same sense.' 6. Kbpari (Att. /.-o/5(59j), from the old word /cop, the head,'" signifies properly the hair on the top of the head ; and hence a particular fashion of arranging the hair among the Greek woraer. was termed ko- (W^aSof ;" or, when worn in the same style by the men, it was designated by another derivative from the same word, Kpa6vXoi." To produce this effect, the hair was drawn up all round the head from the front and back, and fastened in a bow on the top, as exemplified in the two following busts, one of the Apollo Belvidere, the Jther of Diana, from the British Museum." Hercules, one of which is subjoined Iiom men in the British Museujii.' specl , Instead of a band, the people of Athens fastened t;ie bow with an ornamental clasp, fashioned like a (grasshopper, to show that they were aborigines." KpaBv}i.o<: is also used for a cap of network, like that represented at p. 187, 271. [Vid. Calantioa.) 7. Mo?.Xof, which properly means wool, was also used for the short, round, curly hair, which resembles the fleece of a lamb, such as is seen in some of the early Greek sculptures, particularly in the heads of I. (Sact.Jul., 81,-2. (Horn., II., xvi., 795.)— 3. (SchoL ad Theo';r., Idyll., i., 34.)— 4. (Horn., II.. Miii., 141.)— 5. (Soph., (Ed. Col., 1465.— Aotig., 4Ift)— 6. (Hesych.)— 7. ■ (Alistoph., Thesni., 547.)— 8. (Nonius, s. y )— 9. (JSsch., Sept. c. Tlleb.,i fi03.— Eurip., Iph. Taur., 73. )- 10. (Blomf., Gloss, ad ^sch.,' Pers., 664.)— 11. (Thacvi., i., &i— 12. (Schol.ad Tlincyl., I.e.) -13. (Chambfirxii.,N-' \S V-14. (Thucyd., i., 6.— Virg., Ciris, 128.) 8. Kcpaf (xepji ayAai'), a tenn used when tne hair was combed up from the temples on each side, so as to give it the appearance of two horns, as is seen in the heads of fawns and satyrs, and in the bust of Jupiter introduced below. 9. YLIklvvo^,' ■trXoxiidg,* x^i-^^h^ the hair which falls in ringlets, either natural or artificial, which was sometimes called ^oaTpvxo; and ir^oKaftoc.' All these terms, when strictly appropriated, seem to designate that singular style of coiffure which is observable in Etruscan and early Greek works, ,and common to both sexes, as is' seen in the casts from the temple of Jupiter Panhellenius in the British Museum. Besides the generic coma, the Romans made use of the following terms, expressive of some peculiar qualities in the hair, or particular mode of arrange- ment: 1. CdpiUus, according to the old etymolo gists, guasi capitis pilus. 2. Crinis, the hair when carefully dressed.' 3. Casaries, which is said, though without much probability, to be connected with ccedo, the hair of the male sex, because they wore it short, whereas the women did not. 4. Cin- cinnus, KiKivvog,' the hair when platted and dress- ed in circles, like the head on page 21 (vid. Xcus], as it is still worn by the women of Mola di Gaieta {Formia). Martial' terms these circles annuli, and Claudian'" orhes. 5. Cirrus, a lock of curly hair The locks which fell over the forehead were termed caprona,^''- quasi a capite proncs,'" npondfuov ;" those which fell from the temples over the ears, antiaiM Both the antia and capronce are accurately traced in the figure of Cupid bending his bow, in the British Museum, from which the following woodcut is ta- ken." All the Greek divinities are distinguished by a characteristic coiffure, modified in some respects as the arts progressed, but never altered in character from the original model ; so that any person tolera- ably conversant with the works of Greek art may almost invariably recognise the deity represented from the disposition of the hair. We proceed to specify some of the principal ones. The head of the lion is the type upon which that 1. (Chamber ii.. No. 12.)— 2. (Schol. ad II., li., 365.— Com- pare Juy., Sat., xiii., 165.— Virg., JEa.,xii., 89.)— 3. (Aristoph., Vesp., 1069.)— 4. (II., xvii., 52.)— 5. (Soph., Electr., 52.)— 6 (Pollux, Onoin., ii., 28.)— 7. (Hor., Carm., I., xy.,20.)— 8 (Cic, c. Pison.,' 11.— Plant., True, II., ii., 32.)— 9. (Ep., ii., 6o, 2.)— 10. (Proserp., xxxv., 15.)— 11. (Apul., Met., i., f. 14, ed.' Qa dendorp.)— 12. (Nonius, s. y.— Lucil., Sat., xy.)--13. (PoUm Onnm., yii.,95; x., 170.)— 14. (Apul.. 1. c— Isidor., Oiig., lii 31.)— 15. (ChambT r No. 22.— Compare xi., 23.) 29.1 COMA. COMA. of Jupiter is fonned, particularly in the disposition of the hair, which rises from the forehead, and falls back in loose curls down the sides of the face, until It forms a junction with the beard. This is illus- trated bv the next two woodcuts, one of which is ftora a statue of Jupiter in the Vatican, supposed to be a copy of the Phidian Jove ; and the other is a lion' 3 head, from the British Museum.' The same disposition of the hair is likewise preserved in all the real or pretended descendants from Jupiter, such as jEsculapius, Alexander, &c. Pluto or Serapis has the hair longer, straighter, and lower over the forehead, in order to give sever- ity to the aspect, and with the modius on his head, as represented in the next drawing, from the British Mnseuin." The modius is decorated with an olive branch, for oil was used instead of wine in sacri-' flees to Pluto.' Tlie hair of Neptune is cut finer and sharper than that of Jupiter. It rises from the forehead, and then falls down in flakes, as if wet, in the manner represented in the following head, from the British Museum.* jipollo is usually represented with the Kpufo/lof ; but when the hair is not tied up on the top of the head, it is always long and flowing over the neck and shoulders, as represented in the next woodcut, 1 (Chamber ji., No. 13.)— 2. (Chamber vii., No 68.)— 3. Wirg., Xa., vi., 254.)— 4. (Chamber li., No. 27.) 292 from a very beautiful and early Greek sculjiture i the British Museum.- Hence he is called inionsui and aicepamo/irii.' Bacchus also wears his hair unshorn ; for he, as well as Apollo, is typical of perpetual youth : " Solis cBterna est Pkoebo Bacchoque juvemlas, Nam decet intonsus crinis utrumque Deum.'" In the mature age of Greek art, Mercury has short curly, hair, as represented by the head on the left hand in the woodcut below, from a statue in the Vatican, which was for a long time falsely ascribed to Antinous ; but in very early Greek works he is represented with liraiaed hair, in the Efnisoan aryiu, and a s^iarp-pointeti beard (see the righi hand wood- cut, from an altar in the museum of the Capital at RoMG), whence he is; termed a^rivotrCiyah)* Hercules has short, crisp hair, like the curls be- tween the horns of a bull, the head of which animal formed the model for his, as is exemplified in the subjoined drawings, one being the head of the Far- nese Hercules, the other that of a bull, from a bas- relief at Rome, in which all the characteristics of Hercules, the small head, thick neck, and particular form of the hair, are strongly preserved. The hair of Juno is parted in the front, and on tne top of the head is a kind of diadem, called in Latin corona, and in Greek afevddvil, from its resemblan(!e to a sling, the broad part of Which is placed above the forehead, while the two lashes act as bands to confine the hair on the sides of the head, and fasten it behind,' in the manner represented in the next woodcut, from the British Museum.' 1. (Chamber iv.. No. 2.)— 2. (Horn., Hymn, ad ApoU., 134.- Compare 450.)— 3. (Tibull., I., iv., SS^Comparo Eurip., Baodu, 455.— Seneca, Hippol., 752— Id., CEd., 416.)— 4. (Pollux, Onom., ly., 143, 145.— Compare Paus., vii., 22, 1) 2.)— 5. (Eustath M Dionji Periee-ct.. T.. 7.)_e. fChamber xii.. No. 1 ) iJUMA. UOMA, Pailas )s rarely seen without her helmet ; but when portrayed with her head ancovered, the hair is tied up in a knot at some distance from tlie head, and then falls from the band in long parallel curls. Venus and Diana are sometimes adorned with the /cEvdKii, irrivlKri, KOfiat irpoade- Tat, TpixH irpoaderai, galerus, were also worn by the people of both countries.' In very early times the Romans wore their hair long, as was represented in the oldest statues during the age of Varro,* and hence the Romans of the Augustan age designated their ancestors intonsi^ and capillati.^ But tliis fashion did not last after the year B.C. 300, as appears by the remaining works of art. The women, too, dressed their hair with simplicity, at least until the time of the em- perors, and probably much in the same style as those of Greece ; but at the Augustan period a va- riety of different head-dresses came into fashion, many of which are described by. Ovid.' Four spe^ cimens of different periods are given below. The 1. (Ccmpare Paas., liii., 20, } 2 ; x., 25, I) 2.)— 2. (Anstoph., Eccles., 736.— Mart., Epig., iii., 43.— Propert., II., xviii., 24, 28.) — 3, (Pollux, Onom., ii., 30 ; x., 170.— Etymol. Mag., s. v. Aiamji/iWU and iEraKirffirss.— Xen., Cyiop., i., 3, « 2.— Polyb;, iii., 78.— Juv., Sat., vi., 120,)— 4. (De Re Rust., II., x\., 10.)— .1. (Omd, Fast , ii., 30.)-^. (Juv., Sat., vi , 30.)— 7. (Art. Am., ill., 136, &c.) first head on the left represents Octavia, the niece of Augustus, from the museum in the Capitol a' Rome ! the ne.xt. Messalina, fifth wife of the Em- peror Claudius ; the one below, on the left, Sabina, the wife of Hadrian ; and the next, Plautilla, the wife of Caracalla, which three are from tlie British Museum.' Both countries had siime peculiar customs cni- nected with the growth of their hair, and illustrative of their moral or physical conditions. The Spartans combed and dressed their heads with especial care when about to encounter any great danger, in which act Leonidas and his followers were discovered by the spies of Xerxes before the battle of Thermopy- Iffi." The sailors of both nations shaved off their hair after an escape from shipv^reck or other heavy calamity, and dedicated it to the gods.' In the ear- lier ages, the Greeks of both sexes cut their hair close in mourning ;* but, subsequently, this practice was more exclusively confined to the women, the men leaving theirs long and neglected,' as was the custom among the Romans.' In childhood, that is, up to the age of puberty, the hair of the males was suffered to grow long among both nations, when it was clipped and dedicated to some river or deity, from thence called Kovporpofdi by the poets,' and, therefore, to cut off the hair means to take the toga virihs.* At Athens this ceremony was performed on the third day of the festival Apaturia, which is therefore termed Kovpe^ In both countries the slaves were shaved as a mark of servitude.' The vestal virgins also cut their hair short upon taking their vows; which rite still remains in the Papal Church, in which all females have their hair cut close upon taking the veil. 1. (Chamber Ti., Nos. 65, 58, 39.)— 2. (Herod., vii., 209.)— 3 (Ahthol., Epigr. Lucian, 15.— Juv., Sat., xii., 81.)— 4. (t-M., iv.. 198.— n:, xxiii., 141.— Soph., Aj., 1174.— Eurip., Elect, ,148 241,337.— Phren., 383.— Iph. Aul., 1448.— Tioad, 484.— Helen.. 1096, 1137, 1244.)— 5. (Plutarch, QuKst. Rom., i>. 82, ed. Reislie.) — 6. (Ovid, Epist., X., 137.— Virg., JEn., iii., 65; xi., 35.)— 7, (Anthol.,- Epig. Antiph. Th., 21.— Mart., Epig., I., xxxii., 1 , IX., xvii., 1.)— 8. (Id., IX., xxxvii., 11.)— 9. (Ai stoph., Aves 911— Plaut., Amph., I., i., 306.— Compare Lucai , i., 442.— Pf iyb., Eclog., xcvii.— Appian, Mithiadat., p 296, eJ. Tolhua ' GOMISbATIO. COMniA. ♦COM'AROS {KOjiapof), the wild Strawberry-tree, or Arbutus Unedo. (Vid. Aebutus.) ♦COMBRE'TUM, a plant mentioned by Pliny," who makes it closely resemble the Bacchar. Mod- ern botanists, however, taking Pliny's own descrip- tion as their guide, do not agree with him in opin- ion on this head. Csesalpinus makes the Combre- tum (written sometimes Combetum) to be the same with a species of rush, called in Tuscany Herba Iw- ziola, and which has been referred to the Luzeola maxima, L.' ♦COME (Ko^ri), a plant, the same with the rpayo- ■Ttayav, or Crocifolium Tragopogon, so called from its leaves resembling those of the Crocus. Sibthorp found it growing in Cyprus.' COMES. The word comes had several meanings in the Latin of the Middle Ages, for which the read- er is referred to Du Fresne's Glossary and Supple- ment, s. V. In classical writers, and even to the end of the fourth century, its senses are compara- tively few. First it signified a mere attendant or companion, distinguished from socius, which always implied some bond of union between the persons mention- ed. Hence arose several technical senses of the word, the connexion of which maybe easily traced. It was applied to the attendants on magistrates, in which sense it is used by Suetonius.* In Hor- ace's time' it was customary for young men of fam- ily to go out as contubernales to governors of prov- inces and commanders-in-chief, under whose eye they learned the arts of war and peace. This seems to have led the way for the introi action of the co- mites at home, the maintenance of whom was, in Horace's opinion,' one of the miseries of wealth. Hence a person in the suite of the emperor was termed comes. As all power was supposed to flow from the imperial will, the term was easily trans- ferred to the various offices in the palace and in the provinces (comites palatini, provincialcs). About the time of Constantine it became a regular honorary *itle, inchiding various grades, answering to the co- mites ordinis primi, secundi, tertii. The power of these officers, especially the provincial, varied with time and place ; some presided over a particular department with a limited authority, as we should term them, commissioners ; others were invested with all the powers of the ancient proconsuls and praetors. The names of the following officers explain them- selves : Comes Orientis (of whom there seem to have been two, one the superior of the other), comes Egypti, comes Britannia, comes Africa, comes rei militaris, comes portuum, comes stabuLi, comes domes- (icorum equitum, comes clibanarius, comes lintea ves- lis or vestiarii (master of the robes). In fact, the emperor had as many comites as he had duties : thus, comes consistorii, the emperor's privy-council- lor ; comes largitionum privatarum, an officer who managed the emperor's private revenue, as the co- mes largitionum sacrarum did the pubhc exchequer. The -latter office united, in a great measure, the functions of the aedile and quaestor. The four comi- tes commerciorum, to whom the government granted the exclusive privilege of trading in silk with bar- barians, were under his control. COMISSA'TIO (derived from Ku/iof'), the name of a drinking entertainment, which took place after the ccena, from which, however, it must be distin- guished. Thus Demetrius says to his guests, after they had taken their ccena in his own house, " >nturies apiece, i. e^ twJic the numbei of their junior «u.x3o, and 10 from each class stood among the triarii, the rest being hastati w«t shields ; the fourth class supplied 10 centuries, ihe number of its junior votes, who form- ed the ka.stati without shields; the fifth class fur- nished 30 centuries, twice the number of its junior votes, who formed the 30 centuries o rorarii. To these were added 10 turmce of cavalrj, jr 300 men. This was the division and arrangement of the army as a legion. But when it was necessary to vote in the camp, they would, of course, revert to the prin- ciples whicli regulated the division of the classes for the purpose of voting at home, and would re- unite the double contingents. In this way, we have 85 centuries of junior votes, or 90 with the five unelassed centuries ; that is to say, we have again 3x30, the prevailing number in Roman institutions. Of these, the first class with the fabri formed 41 centuries, leaving 49 for the other centuries; but with the first class the 10 turmce of the cavalry would also be reckoned as ten centuries, and the first class would have 51, thus exoeedin;; the other moiety by 2. Such were the principles of the classification ol the centuries, as it has been developed by Niehuhr. Their comilia were held in the Campus Martim without the city, where they met as the exereitus urbanus, or army of the city ; and, in reference to their military organization, they were summoned by the sound of the horn, and not by the voice of the lictors, as was the case with the comitia curi- ata. On the connexion of this division into centurieu with the registration of persons and property, see Censors and Census. The general causes of as- sembling the comitia centuriata were, to create ma- gistrates, to pass laws, and to decide capital causes when the offence had reference to the whole na- tion, and not merely to the rights of a particular order. They were summoned by the king, or by the magistrates in the Republic who represented some of his functions, that is, by the dictator, con suls, praetors, and, in the case of creating magis- trates, by the interrex also. The prastors could only hold the comitia in the absence of the consuls, or, if these were present, only with their permis- sion. The consuls held the comitia for tlie appoint- ment of their successors, of the praetors, and of the censors. It was necessary that seventeen days' notice should be given before the comitia were held. This interval was called a irinundinum, or "the space of three market-days" {tres nundina, " three ninth-days"), because the country people came to Rome to buy and sell every eighth day, according to our mode of reckoning, and spent the interval of seven days in the country {reliquis septem rura cole- bant^). The first step in holding the comitia was to take the auspices. The presiding ofiicer, accom- panied by one of the augurs (augure adAJtoo), pitch- ed a tent {tabernaculum cepit) without the city, for the purpose of observing the auspices. If the tent was not pitched in due form, all the proceedings of the comitia were utterly vitiated, and a magistrate elected at them was compelled to abdicate his of- fice, as in the case mentioned by Livy,' " Non tamen pro firmato stetit magistratus ejus jus: quia tertic mense, quam inierunt, augurum decreto, perinde ac vitio c-eati, honore abiere : quia C. Curtius, qui ami- tiis eorun preefuerat, parum recte tabernaculum ce- pisset." "The comitia might also be broken off by a tempest ; by the intercession of a tribune ; if the standard, which was set up in the Janiculum, was taken down ; or if any one was seized with the epi 1. (Varro, De Re Rust., Prafat.)— 2. (iv., ?.)— 3. (C iroraS Cic, De Nat. Deor., ii., 4.) COMITIA. COMITIA. lepsy, which was from this circumstance called the nurrhus comitialis. The first step taken at the comitia centuriata was for the magistrate who held them to repeat the words of a form of prayer after the augur. Then, in ths case of an election, the candidates' names were read, ;r, in the case of a law or a trial, the proceedings or bills were read by a herald, and dif ferent speakers were heard on the subject; The ssaestion was put to them with the interrogation, ' Velitis, jubeatis, Qairites 7" Hence the bill was called rogalio, and the people were said jubere legem. The form of commencing the poll was : " Si vohis mdftur, discedite, Quirites," or " lie in suffragium, bene juranlibus diis, ct qua patres censucrunt, vos jubste."'- The order in which the centuries voted was decided by lot ; and that which gave its vote first was called the centwria prarogativa." The rest were called jure vocata:.' In ancient times the peo- ple were polled, as at our elections, by word of mouth. But at a later period the ballot was intro- duced by a set of special enactments (the legts tab- illarice), having reference to the different objects in voting. These laws are enumerated by Cicero :* '■ Sunt enim quattuor leges tabellariae : quarum pri- ma de magistratibus mandandis; ea est Gabinia, lata ab homine ignoto et sordido. Secuta hiennio post Cassia, est, de populi judicio, a nobili homine lata L. Cassio, sed (pace familise dixerim) dissidente a bonis atque omnes rumiisculos popular! ratione aucupante. Carbonis est tertia, de jubendis legibus et vetandis, seditiosi atque improbi civis, cui ne re- ditus quidem ad bonos salutem a bonis potuit afferre. Uno in genere relinqui videbatur vocis suffragium, quod ipse Cassius exceperat, perduellionis. Dedit huic quoque judicio C. Calius tabellam, doluitque quoad vixit, se, ut opprimeret C. Popilium, nocuisse reipublica;." The dates of these four bills for the mtroduction of ballot at the comitia centuriata are as follow : 1 . The Gabinian law, introduced by Gabin- ius, the tribune, in B.C. 140. 2. The Cassian law, B.C. 138. 3. The Papirian law, introduced by C. Papirius Carbo, the tribune, in B.C. 132. 4. The Caelian law, B.C. 108. In voting, the centuries were summoned in order into a boarded enclosure (septum, or omk), into which they entered by a nar- row passage {pons) slightly raised from the ground. There was probably a different enclosure for each century, for the Roman authors generally speak of them in the plural. The taiellm with which they had to baUot were given to the citizens at the entrance of the pons by certain persons called diribitores ; and here intimidation was often practised. If the busi- ness of the day were an election, the tabella had the initials of the candidates. If it were the passing or rejection of a law, each voter received two tabella : one inscribed U. R., i. e., uti rogas, " I vote for the law ;" the other inscribed A., i. e., antique, " I am for the old law." Most of the terms are given in the fol- lowing passage of Cicero:' "Quu.n dies venisset rogziioni ex S. C. ferendae, concursabant barbatuli juvenes, et populum, ut antiquaret, rogabant. Piso autem consul, lator rogationis, idem erat dissuasor. Operee Clodinae ^oreJes occuparant: tabella ministra- bantur, ita ut nulla daretur uti eoqas." In the old system of polling, each citizen was asked for his vote by an officer called rogator, or "the polling- clerk.'" Under the ballot system they threw which- ever tabella they pleased into a box at the entrance of the booth, and certain officers, called custodes, were standing to check off the votes by points (jmncta) marked on a tablet. Hence punctum is used metaphorically to signify " a vote," as in Hor- 1. (Liv., xxii., 7.)— 2. (Liv., v., 18.)— 3. (Liv., xxvii., 6.)^. iDb Leg., iii., 16, l> 35.)— 5. (Ep. ail Att., i., 14.)— 6. (Cic, De Liv, i.°n ; ii., 35.— De Nat. Deor., li., 4.1 P p ace,* " Discedo Alcasus puncto illius ;'' and we havn the metaphor at greater length, " Centurice seiiiorum agitant expertia frugis , Celsi prsetereiint austera poemata Ramncs ; Omne tMWt punctum qui miscuit utile dulci," The diribitores, rogatores, and custodes were gener- ally friends of the candidates, who voluntarily un- dertook these duties.' But Augustus selected 900 of the equestrian order to perform the latter offices The acceptance of a law by the centuriata comitia did not acquire full force till after it had been sanc- tioned by the comitia curiata, except in the case of a capital offence against the whole nation, when they decided alone. The plebeians originally made their testaments at the comitia centuriata, as the pa- tricians did theirs at the comitia curiata ; and as the adrogatio required a decree of the curia, so the adoption of plebeians must have required a decree of the centwria ; and as the liotors of the curice rep- resented them, so those transactions which re- quired five witnesses were originally perhaps car- ried into effect at the comitia centuriata, the five classes being represented by these witnesses.* III. The Comitia Teibhta were not established till B.C 491, when the plebs had acquired some considerable influence in the state. They were an assembly of the people according to the local tribes, into which the plebs was originally divided : for the plebs or commonalty took its rise from the formation of a domain or territory, and the tribes of the com- munity or pale^burghers were necessarily local, that is, they had regions corresponding to each of them , therefore, when the territory diminished, the num- ber of these tribes diminished also. Now, accord- ing to Fabius, there were originally 30 tribes of plebeians, that is, as many plebeian tribes as there were patrician curia. These 30 tribes consisted of four urban and 26 rustic tribes. But at the admis- sion of the Crustumine tribe there were only 20 of these tribes. So that probably the cession of a third of the territory to Porsena also diminished the number of tribes by one third." It is an ingenious conjecture of Niebuhr's, that the name of the 30 lo- cal tribes was perhaps originally different, and that only 10 of them were called by the name tribus ; hence, after the diminution of their territory, there would be only two tribes, and the two trihird plebis would represent these two tribes.' Such being the nature of the plebeian tribes, no qualification of birth or property was requisite to enable a citizen to vote in the comitia tributa; who- ever belonged to a given region, and was, in conse- quence, registered in the corresponding tribe,' had a vote at these comitia. They were summoned by the tribuni plebis, who were also the presiding ma- gistrates, if the purpose for which they were called was the election of tribunes or sediles ; but consuls or praetors might preside at the comitia tributa, il they were called for the election of other inferior magistrates, such as the quaestor, proconsul, or pro- praetor, who were also elected at these comitia. The place of meeting was not fixed. It might be the Campus Martius, as in the case of the comitia majttra, the Forum, or the Circus Flamininus. Their judicial functions were confined to cases of lighter importance. They could not decide in those refer- ring to capital offences. In their legislative capa city they passed pZcJisciia, or "decrees of Vae plebs," which were originally binding only on themselves- At last, however, the plebiscita were placed on th"" same footing with the leges, by the Lex Hortensia (B.C. 288), and from this time they could pass 1. (Ei>ist.,II., ii., 99.)— 2. (Epist. ad P.f ,341-343.)— 3, (Cif in Pis., 15.— Post. Red. in Sen., 11.1- 4. iNiebiihr, i., p. 174.',- 5. (Niebuhr. 1., p 408-411.)— 6. (' 4l2.) 297 OOMMlSa> RIA LEX. COMCEDU. whatever legislatipe enactments they pleased, with- out or against the authority of the senate.' COMMEA'TUS, a furlough, or leave of absence from the ar*.y for a certain time.° If a soldier ex- ceeded the time allowed him, he was punished as a deserter, unless he could show that he had been detained by illness, or some other cause, which ab- solutely prevented his return.' OOMMENTA'RIUS or COMMENTA'RIUM meant a book of memoirs or memorandumrbook, whercc the expression Csesaris Commentarii (iiinc Casar libros de bellis a se gestis commentarios in- tcripsit, guod nudi cssent omni ornalu orationis, ian- quam veste detracto*). Hence it is used for a law- yer's brief, the notes of a speech, &.c.° In the Digest the word commcntariensis frequent- ly occurs in the sense of a recorder or registrar ; sometimes, as Valerius Maximus' uses it, for a re- gistrar of prisoners ; in other words, a jailer.' A military officer so called is mentioned by Asconius,' who probably had similar duties. The word is also employed in the sense of a notary or secretary of any sort. Most of the religious colleges bad books called Commentarii, as Commentarii Augurum, Pontificum. (Vid. Fasti.) CQMME'KCIUM. {Yid. Civitas, Roman.) COMMI'SSUM. One sense of this word is that of " forfeited," which apparently is derived from that sense of the verb committere, which is " to commit a crime," or " to do something wrong." Assonius says that those things are commissa which are either done or omitted to be done by a heres against the will of a testator, and make him subject to a penalty or forfeiture ; thus, commissa hereditas would be an inheritance forfeited for some act of commission or omission. Cicero' speaks of an hypothecated thing becoming commissa ; that is, becoming the absolute property of the creditor for iefault of payment. A thing so forfeited was said in commissum irKidcre or cadere. Commissum was also applied to a thing in respect of which the vec- tigal was not paid, or a proper return made to the publicani. A tiling thus forfeited {vectigalium nom- ine) ceased to be the property of the owner, and was forfeited, under the Empire, to the fiscus." COMMISSO'RIA LEX is the term applied to a clause often inserted in conditions of sale, by which a vendor reserved to himself the privilege of re- scinding the sale if the purchaser did not pay his purchase-money at the time agreed on. The lex commissoria did not make the transaction a condi- tional purchase ; for in that case, if the property were placed in the hands of the purchaser, and damaged or destroyed, the loss would be the loss of the vendor, inasmuch as the purchaser, by non-pay- ment of the money at the time agreed on, would fail to perform the condition ; but it was an abso- lute sale, subject to be rescinded at the pleasure of the vendor if the money was not paid at the time agreed on, and, consequently, if after this agreement the property was in the possession of the vendor, and was lost or destroyed before the day agreed on for payment, the loss fell on the purchaser. If the purchaser intended to take advantage of the lex commissoria, it was necessary that he should de- clare his intention as soon as the condition was agreed on. If he received or claimed any part of the purchase-money after the day agreed upon, it was held that he thereby waved the advantage of the lex commissoria. {Vid. Pignus.)" I (Gains, i., 1.)— 2. (Tacit., Ann., xv., 10.— Lit., lii., 46.)— S. (Paulus, Dig. 50, tit. 16, s. 14.)— 4. (Cic, Brutus, c. 75.)— 5. (Sen. in prorem., lib. iii., excerp. controv.)— 6. (v., 4.) — ^7. (He- BTOh. et Du Fresne, s. v.)— 8. (in Verr., iii., 28.)— 9. (Ep. ad Kara., xiii., 56.) -10. (Dig. 39, tit. 4.— Suet., Calig., 41.)— 11. (Dig. 18, tit, 3.) 298 [ COMMIJ'NI DIVIDU'NDO A'CTIO li iine u those actions which are called mixtas, from the cii cumstance of their being partly in rem and partly i personam ; and duplicia judicia, from the circum stance of both plaintiff and defendant being equalli interested in the matter of the suit,' though the per son who instituted the legal proceedings was proper ly the actor. This action was maintainable betweej those who were joint owners of a corporeal thing which accordingly was called res communis ; an< it was maintainable whether they were owners {domini), or had merely a right to the publiciana actio in rem ; and whether they were socii, as in the case of a joint purchase ; or not socii, as in thti case of a tiling bequeathed to tliem (legala) by a testament ; but the action could not be maintained in the matter of an hereditas. In this action an account might be taken of any injury done to the common property, or anything expended on it, oi any profit received from it, by any of the joint ovuu- ers. Any corporeal thing, as a piece of land or a slave, might be the subject of this action. It seems that division was not generally effecteil by a sale ; but if there were several things, the ju- dex would adjudicate {adjudicare) them severally' to the several persons, and order (condemnare) the party who had the more valuable thing or things to pay a sum of money to the other by way of equality of partition. It follows from this that the things must have been valued ; and it appears that a sale might be made, for the judex was bound to make partition in the way that was most to the advantage of the joint owners, and in the way in which they agreed that partition should be made ; and it ap- pears that the joint owners might bid for the thing, which was common property, before the j.idex. If the thing was one and indivisible, it was" adjudica ted to one of the parties, and he was ordered to pay a fixed sum of money to the other or others of the parties. This action, and that of familise erciscun- dai, bear some resemblance to the now abolished English writ of partition, and to the bill in equity for partition.' COMMODA'TUM is one of those obligationes which are contracted re. He who lends to anothei a thing for a definite time, to be enjoyed and used under certain conditions, without any pay or reward, is called commoians ; the person who receives the thing is called eommodatarius ; and the contract is called commodatum. It is distinguished from mu- tuum in this, that the thing lent is not one of those things quce pondere, numero, mensumve constant, as wine, corn, &c. ; and the thing commodata does not become the property of the receiver, who is therefore bound to restore the same thing. It dif- fers from locatio et conductio in this, that the use of the thing is gratuitous. The eommodatarius is liable to the actio commodati if he does not restore the thing ; and he is bound to make good all injury which befalls the thing while it is in his possession, provided it be such injury as a careful person could have prevented, or provided it be any injury which the thing has sustained in being used contrary to the conditions or purpose of the lending. In some cases the eommodatarius had an actio contraria against the commodans, who was liable for any in- jury sustained by the eommodatarius through his dolus or culpa ; as, for instance, if he knowingly lent him bad vessels, and the wine or oil of the eom- modatarius was thereby lost or injured.* COMCEDIA {Ka//.(^6ia), a branch of dramatic po- etry, which originated in Cireece, and passed from thence into Italy. 1. (Gains, iv,, 160.)— 2. (Gains, iv., 42.) —3. (Dig. 10, tit. a —Cic, Ep. ai! Fam., vii., 12.— B \cton, t., c 33.)— 4 (Die 11 tit. 6.-lnstit., iii., 14. 2 1 VJOMCEDIA. COMCEDIA. i. Gkeek Comedy, like Greek tra^tfiiy, arose from the worship of Bacchus ; but comedy sprang from a more ancient part of Bacchic worship Ihan tragedy. A band of Bacchic revellers natu- rally formed a comus ((cu/jof) ; their song or hymn was properly a Ku/iaSia, or " comus-song," and it was not till a comparatively late period that the Bacchic ode or dithyramb was performed by a reg- ular chorus. From this regular chorus the Tragedy of Greece arose {vid. CHORns) ; and to the old co- mus of the Bacchic or phallic revellers we may as- sign the origin of comedy. It is true that Aristotle derives comedy from KUfOj, " a village ;" so that KuuuSia is " the village song :" but this etymology, lik'e'so many others proposed by Greek authors, is altogether inadmissible, however much it may be in accordance with the fact that the Bacchic comus did go about from village to village — it was a village or country amusement ; but it is cleai', from the manner in which Athenian writers speak of this Bacchic procession, that it was a comus ; thus, in an old law, quoted by Demosthenes,' '0 ku/ioc koI 04 KOjjx^dni, and Aristophanes," ^aXijc, halpe Ba/c- Xiov, CfiyKuiis : and as the tragedy sprang from the recitations of the leaders {ol i^upxavreg) in the dith- yramb, so this comus-song, as a branch of dramatic poetry, seems to be due to analogous effusions of the leaders in the,phallic comus ; and thus Antheas the Lindian, according to Athenaeus,^ Kuj Ku/i^djof evolei icat aMa jro/lAu h tovtu> tu rpmifi tUv wooj- fjLUTuv, a E^TJPX^ ^o^f /^^^' c^T-oii i^a^Xofopovai. This branch of Greek drama was first cultivated oy the Icarians, the inhabitants of a little village in Attica, which claimed to have been the first to re- ceive the worship of Bacchus in that part of Greece ; and Susarion, a native of Tripodiscus, in Megaris, was the first to win the prize — a basket of figs and a jar of wine — which was given to him as the suc- cessful leader of a comus of Icarian " glee-singers" (rpvyciSoi), so called because they smeared their fa- ces with the lees of wine ; a rude disguise, which was sometimes substituted for the mask worn by the Ko/iCjiSoi, when they afterward assumed the form of a regular chorus. The Dorians of Megara seem to have been from the first distinguished for a vein of coBJse jocularity, which naturally gave a pecu- liar turn to the witticisms of the comus amoiig them; and thus we find that comedy, in the old sense of the word, first came into being among the Megarians and their Sicilian colonists.* Susarion flourished in the time of Solon, a little before Thes- pis, but he seems to have stood quite alone ; and, indeed, it is not likely that comedy, with its bold spirit of caricature, could have thriven much during the despotism of the Peisistratidse, which followed so close upon the time of Susarion. The very same •causes which might have induced Peisistratus to encourage tragedy, would operate to the prevention of comedy ; and, in fact, we find that comedy did not thoroughly establish itself at Athens till after the democratical element in the state had com- pletely asserted its pre-eminence over the old aris- tocratic principles, namely, in the time of Pericles. The first of the Attic comedians, Chionides, Ec- phantides, and Magnes, flourished about the time of the Persian war ; and were followed, after an interval of thirty years, by Cratinus, Eupolis, and Aristophanes, whom Horace justly mentions as the greatest authors of the comedy of caricature.' This branch of comedy seems to have been the natural descendant of the satiric iambography of Archilo- chus and others : it was a combination of the iam- bic lampoon with the comus, in the same way as 1. (c. MM., p. 617.)— 2. (Achani.,263.) — 3. (p. 445, B.)— 4. (See Meineke, Hist. Crit. Co;u. Gi-., p. 20, &o.)-5. (bat., I., iv 1-5 1 tragedy was a union of the epic rhapsody witn ii:t dithyrambic chorus. This old comedy ended witli Aristophanes, whose last productions are very dif- ferent from his early ones, and approximate rathe; to the middle Attic comedy, which seems to have sprung naturally from the old, when the free demo cratic spirit which had fostered its predecessor was broken and quenched by the events which followed the Peloponnesian war, and when the people of Athens were no longer capable of enjoying the wild license of political and personal caricature. The middle Attic comedy was employed rather about criticisms of philosophical and literary pretenders, and censures of the foibles and follies of the whole classes and orders of men, than about the personal caricature which formed the staple of the old com- edy. The writers of the middle comedy flourished between B.C. 380 and the time of Alexander the Great, when a third branch of comedy arose, and was carried to the greatest perfection by Menander and Philemon. The comedy of these writers, or the new comedy, as it is called, went a step farther than its immediate forerunner: instead of criticising some class and order of men, it took for its object mankind in general ; it was, in fact, a comedy of marMcrs, or a comedy of character, like that of Far- quhar and Congreve ; the object of the poet was, by some ingeniously-contrived plot and well-ima- gined situations, to represent, as nearly as possible, the life of Athens as it went on around him in its every-day routine ; hence the well-known hyberbole addressed to the greatest of the new comedians • (5 MhavSps Kol |8/e, Tzorepog up^ vfiuv -KOTcpov kucfiTJaaro. The middle and new comedy, though approaching much more nearly to what we understand by the name comedy, could scarcely be called by the name KO/iipSia •with any strict regard to the original mean- ing of the word ; they had nothing in them akin to the old revelry of the kCi/io( : in fact, they had not even the comic chorus, which had succeeded and superseded the KH/ioc, but only marked the inter- vals between the acts by some musical voluntary or interlude. It belongs to a history of Greek lit- erature, and not to a work of this nature, to point out the various steps by which Attic comedy passed from its original boisterous and almost drunken merriment, with its personal invective and extrav- agant indecency, to the calm and refined rhetoric of Philemon, and the decent and good-tempered Epicureanism of Menander ; still less can we enter here upon the literary characteristics of the differ- ent writers whose pecuhar tendencies had so much influence on the progressive development of this branch of the drama. It is sufficient for our pur- pose to point out generally the nature of Greek comedy, as we havo done above, and to enable the student to discriminate accurately between the out- ward features of Greek comedy and tragedy. The dance of the comic chorus was called 1 he (fopiJof, and was of the most indecent description : the gestures, and, indeed, the costumes of the cho- reutse, were such that even the Athenians consid- ered it justifiable only at the festival of Bacchus, when every one was allowed to be drunk in hon- our of the god ; for, if an Athenian citizen danced the cordax sober and unmasked, he was looked upon as the most shameless of men, and forfeited alto gether his character for respectability.' Aristopha- nes himself, who did not much scruple at violating common decency, claims some merit for his omis- sion of the cordax in the Clauds, and for the more modest attire of his chorus in that play." Accord- ing to Athenseus,' the cordax was a sort ot nypor- 1. (Theophraat., Chaiact., 6.)— 2. (v. , 537, A^o.)— 3. (p. 630, D.) 299 rOMCEDIA. COMCEDIA. ckeme, or imitative dance, in which the choreutse expressed the words of the song by merry gesticu- lations.' Snch a dance was the hyporcheme of the Spartan deicelicta ; a sort nf merry-andrews, whose peculiar mimic gestures seem to have formed the basis of the Dorian comedy, which prevailed, as we nave seen, in Megaris, and which probably was the parent stock, not only of the Attic, but also of the Sicilian and Italian comedy. The comic chorus consisted of twenty-four per- sons, i. e., of half the number of the full tragic cho- rus ; and as the comedians did not exhibit with tetralogies as the tragedians did, this moiety ap- peared on the stage undivided, so that a comedy had, in this respect, a considerable advantage over a tragedy. The chorus entered the stage in rows of six, and singing the parados as in tragedy ; but the parados was generally short, and the stasima still less important and considerable. The fliost important business of the chorus in the old comedy was to deliver the parabasis, or address to the au- dience. In this the chorus turned round from its usual position between the thymele and the stage, where the ohcreutae stood with their faces turned towards the actors, and made an evolution so as to pass to the other side of the thymele. Here they stood with their faces turned towards the specta- tors, and addressed them in a long series of ana- peestic tetrameters, generally speaking in the name of the comic poet himself. When the parabasis was complete, it consisted of, 1. The /co/ifidriov, a short introduction in trochaic or anapaestic verse. 2. A long system of anapsestic tetrameters, called the TTvlyoc or the jiaKpbv. 3. A lyrical strophe, generally in praise of some divinity. 4. The hm()- priim, consisting, according to the rule, of sixteen trochaic verses, in which the chorus indulged in witticisms directed against some individual, or even against tho public in general. The parabasis, though a good deal refined by the better taste of Aristopha- nes, 'et^ined much of the abusive scurrility of the o' i rustic comus ; so that we may regard it as the only liifiiig representative of the old wagon-jests of the phrtllic procession in which comedy originated, and as the type of that predominant element in the old com?,dy which the Roman satirist Lucilius made the objei'.t of his imitation. II. Italian Comedy may be traced, in the first instance, to the rude efforts of the Dorian comus in Sicily. It has been shown by Miiller" that even the Oscan fai.ses, called the fabula Atellana, which passed from Campania to Home, may be traced to a Dorian oi igin, as the names of some of the stand- ing masks in these farces, such as Pappus, Maccus, and Simus, are clearly Greek names. The more complete development of the Sicilian comedy by Epicharmus appears to have paved the way for the establishment of a more regular comic drama in Italy. Imitations of Epicharmus seem to have been common among the cities of Magna Graecia ; and so early as B.C. 240, Livius Andronicus exhibited at Rome translations or adaptations of Greek com- edies, in which he did not attempt to obliterate the traces of their Greek origin : on the contrary, from . first to last, most of the Latin comedies were pro- fessedly Greek in all their circumstances ; and the translators or imitators, though many of them were men of great genius, did not hesitate to speak of themselves as barbari in comparison with their Greek masters, and called Italy barbaria in compar- ison with Athens." The Latin comedians, of whom we can judge for ourselves, namely, Plautus and Terence, took their models chiefly from the new comedy of Greece. The latter, as far as we know. never imitated any other branch of Greek coinedj But Plautus, though he chiefly follows the poets ol the middle or new comedy, sometimes approximates more nearly to the Sicilian comedy of Epicharmus, or to the IXaporpayciidia of Rhinthon and others. l! is doubtful whether the Amphiirya, which Plautus himself terms a tragico-cammdia, is an imitation of Rhinthon or of Epicharmus. That Plautus did imi- tate Epicharmus is clear from the words of Horace;" " Dicitur .... Plautus ad exemplar Sicili properan Epicharmi ;" and A. W. Schlegel would infer from this passage alone that the AmpMtryo was borrowed from some play by Epicharmus, who, as is well known, composed comedies on mythical subjectn like that of the Amphitryo of Plautus. Although Roman comedy, as far as it has come down to us, is cast entirely in a Greek mould, the Romans had authors who endeavoured to bring for- ward these foreign comedies in a dress more Roman than Grecian. Comedies thus constructed were called fabula togata (from the Roman garb, the toga, which was worn by the actors in it), js op- posed to the fabula palliatce, or comedies represent ed in the Greek costume. From the words of Horace in the passage referred to above, it is suffi- ciently obvious that the fabula togata was only ai imitation of the Greek new comedy clothed in i Latin dress : " Dicitur Afrani toga canvenisse Me- nandra."^ Not that the writers of these comedies absolutely translated Menander or Philemon, like Plautus and Terence ; the argument or story seema to have been Roman, and it was only in the method and plan that they made the Greek comedians their model. For this, also, we have Horace's testimonv.' " Nil intentatum nostri liquere poeta : Nee minimum meruere decus, vestigia Graeca Ausi deserere, et celebrare domestica facta, Vel qui praetextas, vel qui dacuere togatas." The prmiextata fabula alluded to here was a sort of history. " The pratextata merely bore resemblance to a tragedy : it represented the deeds of Roman kings and generals ; and hence it is evident that at least it wanted the unity of time of a Greek tragedy— that it was a history, like Shakspeare's."* The grammarians sometimes speak of the pratextata as a kind of comedy, which it certainly was not. The clearest statement is that of Euanthius {de fabula) : " lUud vero tenendum est, post veav Ko/iudiav Lati- nos multa fabularum genera protulisse : ut togatas, a scenicis atque argumentis Latinis ; preetextatas, ab dignitate personarum et Latina historia ; Alellanas, a civitate Campaniae, ubi actae sunt plurimae ; Rhin- thonicas, ab auctoris nomine ; tabemarias, ab humil- itate argumenti et styli ; mimos, ab diuturna imita- tione rerum et levium personarum." But even here there is a want of discrimination ; for the mi- m,us was entirely Greek, as the name shows; the Latin style corresponding to it wias the planipes. Hermann' has proposed the following classification of Roman plays, according as they strictly fcllovved or deviated from their Greek models : Argumestum. Grcecum. Ramanum. Crepidatd {rpayiiidla), Pratextata. Palliata {KafUjtiia), Togata, cujus alia tnihit- ta, alia tabc^ana. Satyrica (aarvpoi), Atellana. Mimus (^i/iof), Planipes. Neukirch' gives a wider extent to Roman comedy, so that it includes all the other species of drama, with the exception of the crepidata andthe pratextata. 1. (Compare AtheuiBus, p. 21, D.) — 2. (Hiai Lit. Gr., c. zxix., I 4 i— 3. [Vid. Festiis, p. 3H 372, ed. MUller sno 1. (Epist., II., i, 58.)— 2. (Hor., Epist., II., i., 57.)— 3. (Epist ad Pison., 285, . 16.) CONDITO'RIUM, in its general . acceptation, means a place in which property of any kind is de- posited — ubi quid conditum est — thus conditorium tauralium tormentorum" is a magazine for the recep- tion of a battering-train whert not in active service. 1 (Petit., Leg. Att., 548, and authors there quoted.) — 9. (Xx. ie Venef.)— 3. (Id., p. 615.)— 4. (Massurius, ap. Paul.— Dig 50, tit. 16, s. 144.)— 5. (Cic.De Orat.,i.,40.)— 6. (Dig. 48, tit.5, s 34.)— 7. (Syntag.,Ap., lib.i., 39.)— 8. (Dig. 25, tu. 5, s. 3.)— 9. (Id., s. l.)-10. (Lib. Feud., ii., 29.)— 11. (Suet., Vesp.. 3.)— 13. (Jul. Cap., Vit. Ant., c. 8.— Aurcl., c. 29.— Dig. 25, tit. 7.— Cod. T., tit. 20.— Paulas, Bocept. Sentent., ii., tit. 19, 20.— iloY. 18, c. 5; 8a. c. 12.)— 13. (Amro Marcell., xvii., 9 1 302 But thi word came afterward to be applied mors strictly as a repository for the dead. In the earlier ages of Greek and Roman history, the body was consumed by fire after death (vid. BusTUM), the ashes only receiving sepultm-e ; and as there could be no danger of infection from these the sepulchres which received them were all above ground.' But subsequently, when this practice fell into partial or entire disuse, it became necessary to inter (humare) the dead, or bury them in vaults or chambers under ground ; and then the word conditorium or conditivum' was adopted, to express that class of sepulchres to which dead tjodies were consigned entire, in contradistinction to those which contained the bones and ashes only. It is so used by Petronius' for the tomb in which the husband of the Ephesian matron was laid; by Pliny,* for the vault where the body of a person of gigantic stature was preserved entire ; and by Quintilian,' for the chamber in which a dead body is laid out, '' cubicu- lum conditorium mortis turn." In a single passage of Pliny' it is synonymous with mommra(«m, and in an inscription,' " olios vi. minores in avito condi- torio," the mention of the cinerary alia indicates . that the tomb alluded to was of the kind called co- lumbarium. (Vid. CoLUMBARinM.) The correspond ing word in Greek is vnojawv or iiroytiov," hy^o- geum.' Conditorium is also used for the coiBn in whick a body was placed when consigned to the tomb and when used, the same distinction is implifed." ♦CONEION (Kaveiov), Hemlock, or Conium mac- ulatum. It is called Cicuta by Celsus. This poi- sonous plant possesses highly narcotic and danger- ous qualities, and an infusion of it was given at Athens to those who were condemned to capital punishment. By a decoction of this kind Socrates lost his life. The effects of the poison in his case are strikingly described in the Phsedon of Plato. Sibthorp found the kuveiov between Athens and Me- gara. It is not unfrequent throughout the Pelopon- nesus also. The modern Greeks call it Bpo/ioxoii- TOV." CONFARREA TIO. (Vid. Marsubs.) GONFESSO'RIA ACTIO is an actio in rem," by which a person claims a jus in re, such as the use and enjoyment (usus fruclus) of a ■ thing, or claims some servitus (jus eundi, agendi, &c.). Tlie actio negatoria or negativa is that in which a per- son disputes a jus in re which another claims and attempts to exercise. , . . If several persons claimed a servitus, each might bring his action; if several claimed as fructuarii, they must join in the action. None but the owner of the property, to which the servitus was alleged to be due, could maintain a directa actio for it. The condemnatio in the actio confessoria was adapt- ed to secure to the fructuarius his enjoyment of the thing if he proved his right, and to secure the servitus if the plaintiff made out his claim to it. The negatoria actio was that which the ownei of a thing had against a person who claimed a servi- tus in it, and at the same time endeavoured to ex- ercise it. The object of this' action was to prevent the defendant from exercising his alleged right, and to obtain security (cautio) against future attempta, which security it was competent for the judex to require. But this action was extended to the get- ting rid of a nuisance; as, if a man put a heap of dung against your wall so as to make it damp ; oi 1. (Salinas., Exeroit. Plin., p. 849.)— 2. (Senec, Eji., 60.)- 3. (Sat., cxi., 2, 7 ; cxii., 3.)— 4. (II. N., vii., 16.)— 5. (Declani 8, p. 119, ed. Var.)- 6. (Ep., vi., 10.)— 7. (ap. Grut.,p.ll34, 6.) 8. (Hesych.)- 9. (Petron., Sat., cxi.,2.)— 10. (Suet., Octa"., 18. —Plin., H. N., xxxvii., 7.— Petion., Sat., cxii., 8.— Compare Strabo, xvii., 8.)— 1 1 . (Theopbraat., H. P., ix., 8.— Dioscor., iv. 79.— Olsus, V , G. — AdauLS, Append., s. v.)— 12. (Gaius, iv., 3 CONFUSIO. CONGIARIIIM. B neighbour's wall bellied out half a foot or more into your premises ; or the wind blew one of his trees so as to make it hang over your ground ; or a man cut stones on his own land so that the pieces fell on yours : in all such cases you had a negatoria actio, in which you declared jus ei non esse, &c., according to the circumstances of the case.' CON'FCJ'SIO properly signifies the mixing of liquids, or the fusing of metals into one mass. If things of the same or of different kind were con- fused, either by the consent of both owners or by accident, the compound was the property of both. If the confusio was caused by one without the con- sent of the other, the compound was only joint prop- erty in case the things were of the same kind, and perhaps (we may conjecture) of the same quality, as, for instance, wines of the same quality. If the things were different, so that the compound was a new thing, this was a case of what, by modern wri- ters, is called specification, which the Roman wri- ters expressed by the term novam speciem facere, as if a man made mulsum out of his own wine and his neighbour's honey. In such a case the person who caused the confusio became the owner of the' compound, but he was bound to make good to the other the value of his property. Commixtio applies to cases such as mixing to- gether two heaps of corn ; but this is not an in- stance in which either party acquires property by the commixtio. For if the mixture takes place, ei- ther accidentally or with mutual consent, or by the act of one alone, in all these cases the property of each person continues as before, for in all these cases it is capable of separation. A case of com- mixtio arises when a man's money is paid without his knowledge and consent, and the money, when paid, is so mixed with other money that it cannot be recognised ; otherwise it remains the property of the person to whom it belonged. The title confusio does not properly comprehend the various modes of acquisitio which arise from two pieces of property belonging to different per- sons being materially united ; but still it may be convenient to enumerate under this head the vari- ous modes of acquisitio which belong to the general head of Accessio. Specification (which is not a Roman word) took place when a man made a new thing (nova species) either out of his own and his neighbour's material, or out of his own simply. In the former case, such man acquired the ownership of the thing. In the latter case, if the thing could be brought back to the rough material (which is obviously possible in very few cases), it still belonged to the original own- er, but the specificator had a right to retain the thing till he was paid the value of his labour, if he had acted bona fide. If the new species could not be brought back to its original form, the specificator in all cases became the owner ; if he had acted bo- na fide, he was liable to the owner of the stuff for its value only ; if mala fide, he Was liable to an ac- tion of theft. Of this kind are the cases put by Gains," of a man making wine of another man's grapes, oil of his olives, a ship or bench of his tim- ber, and so on. Some jurists (Sabinus and Cassius) were of opinion that the ownership of the thing was lot changed by such labour being bestowed on it ; the opposite school were of opinion that the new thing belonged to him who had bestowed his labour on it, but they admitted that the original owner had a legal remedy for the vjilue of his property. Two things, the property of two persons, might become so united as not to be separable without in- jury to one or both ; in this case, the owner of the principal thing became the owner of the accessory. I. (Dig. 8, tit. 5.— Brisoiuus, De Fo—.-nhs.)— 2. (ii , 29.) Thus, in the case of a man building on anothei man's ground, the building belonged to the owner of the ground (superficies solo cedit) ; or in the case of a tree planted, or seed sown on another man's ground, the rule was the same. If a man wrote, even in letters of gold, on another man's parchment or paper, the whole belonged to the owner of the parchment or paper ; in the case of a picture paint- ed on another man's canvass, the canvass became the property of the owner of the picture.' If a piecs of land was torn away by a stream (avulsio) from one man's land and attached to another's land, it became the property of the latter when it was firmly attached to it. This is a different case from that of Alluvio. But in all these cases the losing party was entitled to compensation, with some exceptions as to cases of mala fides. The rules of Roman law on this subject are sta- ted by Brinkmann, Instit.-Jur. Rom., § 398, &c. ; Mackeldey, Lehrbuch, &c., ^ 245, &c.. Accession ; Rosshirt, Grundiinicn, &c., § 62. The term confusio had other legal meanings, which it is not necessary to explain here. *CONGER (Koyypoi), the Conger Eel, or Murana conger, L., called in Italian Bronco. " The name of Conger," observes Griffith, " was at first given to a species of eel, the Murana conger, after Aristotle and Athenaeus, who had called the sea-eel Kdyypof . M. Cuvier has withdrawn this fish from the genus Anguilla, and made it the foundation of a sub-genus, under the name of Conger. It is very abundant on the coasts of England and France, in the Mediter- ranean Sea, where it was much sought after by the ancients, and in the Propontis, where it was not long ago in considerable estimation. Those o/ Sicyon were more especially esteemed. The con- gers are extremely voracious. They live on fish, moUusca, and Crustacea, and do not even spare their own species. They are extremely fond oi carrion, and are sure to be found in those places into which the carcasses of animals have been thrown. — Among the species of the sub-genus Mu- rana (proper) we may notice here the Common Mu- rcena, or Murana Helena. This fish is about three feet long, and sometimes more ; it weighs as much as twenty or thirty pounds ; is very much extended in the Mediterranean ; and the ancient Romans, who were well acquainted with it, held it in high estima- tion under tlie name of Murana, which we com- monly translate by the term ' lamprey.' These mu- raenae were carefully reared in vivaria by the Ro- mans. As early as the time of Caesar, the multi- plication of these domestic muraenaj was so great that on the occasion of one of his triumphs, that commander presented six thousand of them to his friends. Crassus reared them so as to be obedient to his voice, and to come and receive their food from his hands ; while the celebrated orator Hortensius wept over the loss of a favourite lamprey of which death had deprived him. The Romans are said to have thrown offending slaves into their fish-ponds, as food for these voracious creatures.'" CONGIA'RIUM {soil, vas, from congius), a vessel containing a con^iw*. (Fid. Conoids.) In the early times of the Roman Republic, the congius was the usual measure of oil or wine which was, on certain occasions, distributed among the people ;' and thus congiarium, as Quintilian* says, became a name for liberal donations to the people in general, whether consisting of oil, wine, corn, or money, or other things,' while donations made to the soldiers were called donativa, though they were 1. (Gains, ii., 73, ^C of the Greeks. (Vid. Ghous.) Cato tells us that he was wont to give each of his slaves a congius of wine at the Saturnalia and Compitalia.* Pliny relates, among other examples of hard drink- ing,' that Novellius Torquatus Mediolanensis ob- tained a cognomen (tricongius, a nine-bottle-man) by drinking three congii of wine at once. There is a congius in existence, called the con- gius of Vespasian, or the Farnese congius, bearing an inscription, which states that it was made in the year 75 A.D., according to the standard measure in tt.e Capitol, and that it contained, by weight, ten pounds (Imp. Cas. vi. T. Cues. Aug. F. iiii. Cos. Mensura exacts in Capitolio, P. X.'). By means of this congius the wreight of the Roman pound has been ascertained. {Vid. Libea.) This congius holds, according to an experiment made by Dr. Hase in 1824, 52037-693 grains of distilled water. Now the imperial gallon of eight pints, as determin- ed by act of Parliament in 1824, holds 10 lbs. avoir- dupois, or 70,000 grains of distilled water. Hence K f ■ . • .1 • 52037-692x8 the number of pmts m the congius^ 70000 =5-9471, as above. Its capacity in cubic inches is 206-1241. A congius is represented in Fabretti.' *CONrLE {Kovi}i.ri), a plant, most probably, as Sprengel suggests, the Salureia. Graca, or Greek Siavory.' CONNU'BIUM. (7i(i. Marriage.) CONOPE'UM (/cuvu-efof), a gnat curtain, i. e., a covering made to be expanded over beds and couch- es to keep away gnats and other flying insects, so called from Kuvorp, a gnat. The gnat-curtains mentioned by Horace' were probably of linen, but of the texture of gauze. The use of them is still common in Italy, Greece, and other countries surrounding the Mediterranean. Conopeum is the origin of the English word canopy.^' According to Herodotus," the Egyptian fishermen used to provide a substitute for gnat-curtains in the tbllowing manner : The fisherman, having through the day worked at his employment with his casting- net {afiov), in the evening fixed the point of it on the top of ah upright pole, so that it might be expanded round him in the form of a tent. Under this he reposed, secure from the attacks of insects, which, as has been lately proved, will not pass through the meshes of a net, though quite wide enough to admit them.'' *CONOPS {kuvu^), a name most properly applied to the Culex pipiens, or Gnat. Schneider, however, shows that it is sometimes indiscriminately applied also to the Ephemera (Mayfly) and the Phryganea." CONQUISITO'RES. These were persons em- ployed to go about the country and impress soldiers, 1. (Cic. ad Att., xvi., 8.— Curt., vi., 2.)— 2. (Quint., 1. c— Compare Cic. ad Fam., viii., 1. — Senec, De Brevit. Vit. — De Jlenef., ii., 16.— Suet., Vcsp., 18.— Jul., 27.)— 8. (Rhem. Faun ^ , 72.)— 4. (De Ko Rust., o. 57.)— 5. (H. N., xW., 22.)— 6. (See auo Festus, s. t. Publica pondera.)— 7. (Inscript., p. 536.) — 8. (Nicand., Ther., 626. — Dioscor., iii., 34. — Adams, Append.) — 9. (Epod. ix., 9.)— 10. (See Judith, r , ," i • nii , 9 ; ivi., 19.— Juv., »i. 80.— VaiTO, De Re Rust., ii., 10, (i 8.)--11, (ii., 95.)— 12. 'Spence. in Trans, of the Entomological Society for 1834.) — 13. AJist^t.■, H. A., iv., 7.— jElian, N. A., liv., 22.) 304 when there was a diflSculty in completing a livy/ Sometimes commissioners were appointed bj a do, cree of the senate for the purpose of matii^j 2 con- quisitio.' CONSANGUrNEI. ( Vid. Cognati.; CONSECRA'TIO. (Vid. Apotheosib.I CONSILIA'RII. (Fid. CoNVENTn.s1 CONSI'LIUM. (,Vid. Conventus.) CONSTITUTIO'NES. " Gonstitutio principia," says Gains,' " is that which the imperator has ccn- stituted by decretum, edictum, or epistola ; nor has it ever been doubted that such constitutio has tha force of law, inasmuch as by law the imperator re- ceives the imperium." Hence such laws were often called principales constitutiones. An imperial constitutio, then, in its widest sense, might mean everything by which the head of the state declared his pleasure, either in a matter of legislation, administration, or jurisdictio. A. decre- tum was a judgment in a matter in dispute between two parties which came before him, either in the way of appeal or in the first instance. Ediota, so called from their analogy to the old edict,' ediotales leges, generales leges, leges perpetuae, &c., were laws binding on all the emperor's subjects. Under the general head of ^escripta* were contained epia- tolaj and subscriptiones,' which were the answers of the emperor to those who consulted him either as public functionaries or individuals.' In the time of Tiberius, the word rescriptum had hardly obtain- ed the legal signification of the time of Gaiuis.' It is evident that decreta and rescripta could not, fr?m their nature, have the force of leges generales, but, inasmuch as these determinations in particular cases might be of obvious general application, they might gradually obtain the force of law. Under the early emperors, at least in the time 0! Augustus, many leges were enacted, and in his time, and that of his successors to about the time of Ha- drian, we find mention of numerous senatus con- sulta. In fact, the emperor, in whom the supreme power was vested from the time of Augustus, ex- ercised his power through the medium of a senataa consultum, \vhich he introduced by an oratio or libellns, and the senatus consultum was said to be made "imperatore auctore." Probably, about the time of Hadrian, senatus consulta became less com- mon, and finally imperial constitutiones became the common form in which a law was made. At a later period, in the Institutes, it is declared, that whatever the imperator determined (constitmt) by epistola, or decided judicially [cognosccns decre- vit), or declared by edict, was law ; with this lim- itation, that those constitutions were not^ laws which in their nature were limited to special cases. Under the general head of constitutiones we also read of mandata, or instructions by the Caesar to his officers. Many of these constitutions ar-s preserved in their original form in the extant co«.Vs. (Vid. Codei Theodosianos, &c.) CONSUA'LIA, a festival, -with ^^1mes, celebrated by the Romans, according to Festus, Ovid,' and others, in honour of Census, the god of secret de- liberation, or, according to Livy," of Neptunus Equestris. Plutarch," Dionysius of Halicarnas- sus," and the Pseudo Asconius, however," say that Neptunus Equestris and Census were only different names for one and the same deity. It was solem- nized e*ery year in the circus by the symbolical ceremony of uncovering an altar dedicated to the 1. (Hirt., De Bell. Alex., i., 22.- Liv., xxi., II )— 2. (L;t., XXV., 5.)— 3. (i., 6.)— 4. (Gains, i., 93.1-5. (Gains, i., 72, 7S, ia omnia implicat"). It is also called 'laaiavti, irom 'liiaa, the goddess of healing.' Sibthorp found it everywhere in the hedges of Greece. The C. Siammonia, o\ Scammony,' is the plant the inspis- sated juice of which is the Scammony of the shops, a well-known purgative. This article has been known from a very early period ; it is mentioned by Hippocrates, and many peculiar virtues were at- tributed to it at that time : now, however, it is con- sidered only as an active cathartic. The plant is spread over Syria, Asia Minor, and nearly the whole East. Sibthorp found it growing in many parts of Livadia and the Peloponnesus or Morea." The C. Soldandla is the Kpu/ifii? ^akaaala, or Sea-Kale. ° ''CONUS (/cfwof), a term applied by Galen'" and Paul of jEgina" to the Firms sylvestris, or wild Pine. It is commonly used, however, to signify the Nux Pinea, or the fruit of the Pine-tree. Athenseus says that Theophrastus called the tree -Kevuri, and the fruit kuvo^}^ *CONY'ZA (fco»if Hippocrates the Ambrosia ma.rilima.'-* COOPTA'RE. {Vid. Collegidm.) CO'PHINUS (Ko^icof), a large kind of wicker Basket, made of willow branches.'^ From Aris- tophanes" it would seem that it was used by the Greeks as a basket or cage for birds. The Romans used it for agricultural purposes; and Columella," in describing a method of procuring early cucum- bers, says that they should be sown in well-manu- red soil, kept in a cophinus, so that in this case we have to consider it as a kind of portable hot-bed. Juvenal," when speaking of the Jews, uses the ex- pression cophinus et fanum (a truss of hay), figura- tively to designate their high degree of poverty. (Tid. CoBBis.) *CORACI'NUS {nopatdvo^'), a species of Fish, the same with the aanipSri^, according to Athenseus. {Vid. Sapeeda.) *CORALL'IUM (KopuX>iiov). "From the brief notices," observes Adams, "whifh Arrian," He- sychius,'" and Dionysius,"' all of whom mention this term, supply, it is impossible to decide satis- factorily what species of the Corallina were known o the ancients." *COR.ALL'IS, a stone resembling vermilion, and L"!touglit from India and Syene." It is supposed to have been red coral. The ancients t hought coral 1. (Theopliiasl , H N., iii., 18.)— 2. (H. N., xvi., 10 ; xxxiv., 10.)~3. (iv., 13.)— 4. (ii., 6, 31.)— 5. (H. N., xxi., 5 et 16.)— i. (Billerbeck, Flora CLissica, p. 44.)— 7. (Dioscor., it., 1/1.— Theophrast., H. P., iv., 6 ; ix., I, et 10.)— 8. (Billerbeck, 1. c.) -0. (Dioscor., ii., 147.)— 10. (De Simpl., vii.)- 11. (™., 3.)— (2. (Adams, Append., s. T.)— 13. (iii., 126.— Theophrast., II. P., ti., 1, 2.)— 14 (Adams, Append., s. T.)— 15. (Mcer. Attic, and riesych., s. V. V i^ixosO-Ki- (Av., 1223.)— 17. (xi., 3, p. 460 ed. Bipj-lS (Sat., .ii., 14, ai"l vi., 542.)— 19. (Penpl.)— 20. ll,,x s vl— 21 :Do Sit. Orb. -22. 'P'iii. H N vnvii.,)n) to grow as a vegetable underneath the waves, and to harden into stone when removed from its nativfl element.' *GORAX (Kopa^. I. the Raven, or Conns co- rax, L. "This," remarks Adams, "is generally held to be the Corvus of Virgil ; but the latter, ac- cording to Pennant, was the Rook, or Corvus frugi- legiis, which, he says, is the only species that is gre- garious; and Virgil pointedly refers to flocks of Co- vL' This, however, is not strictly correct, for the hooded crow and the jackdaw are often to be seen in flocks. Dr. Trail informs me that he bas seen flocks of hooded crows, consisting of many hun- dreds. Aristotle' applies this term also to a water bird. It probably was a sort of cormorant."* *II. Probably the Trigla hirundo, L., or 'IliD-tish Gesner, however, makes no distinction between it and the Kopaglvo^. Coray is undecided.' CORBIS, dim. CO'RBULA, CORBI'CULA, a Basket of very peculiar form and common use among the Romans, both for agricultural and other purposes ; so called, according to Varro,' " Quod eo spicas aut aliud quid corruelant ;" or, according to Isidorus,' "Quia curvatis virgii coniexitur." It was made of osiers twisted together," and of a con- ical or pyramidal shape {Tr^Ey/iara Ik Myov irvpa- fioetSfi.^ A basket answering precisely to this de- scription, both in form and material, is still to be seen in every-day use among the Campanian peas- antry, which is called, in the language of the coun- try, " la corbella," a representation of which is in- troduced in the lower portion of the annexed wood- cut. The hook attached to it by a string is %r the purpose of suspending it to a branch of the tree into which the man climbs to pick his oranges, lemons, olives, or figs. The upper portion of the woddcut" represents a Roman farm, in which a farming man, in the shape of a dwarfish satyr, is seen with a pole {uaiMa) across his shoulder, to each end of which is suspended a basket resembling in every respect the Campanian corbella ; all which coincidences of name, fonn, and description leave no doubt as to the identity of the term with the object represented. As the corbis was used for a variety of purposes, it is often distinguished by a corresponding epithel, indicating the particular service to which it was ap- plied ; as, for instance, corbis messoria,— which was used in husbandry for measuring corn in the cai, and is therefore opposed to the modius, in which 1. (Moore's Ano. Mineral., p. 177.)—?. (Georg., i., 410.)— 3. (H. A., Tiii., 5.)— 4. (Adams, Append., s. v.)— 5. (Plin., II. N., xxxii., 11.— Isidor., xii., 6.)— 6. (De Ling. Lat., v., 139, eil. MflUor.)- 7. (Orig., xx., 9.)— 8. (VaiTo, De Ke Rust., i., 22, 1) I -Isidor., Colnmell., 11. cc.)— 9. (Arrian, Exp. Alex., v., 7, 8.)— 10. (Antichiti di Ercolano, torn, iii., ta\r. 29.)— 11. (Cif.^ Pra Sext., 38.— Compare Varro, De Ke East., i , 53.— Propei-t., Kles, IV.. ii., 2S —Ovid Met., xiv.. 643.) an? CORIANDRUM. CORNELIA XES megrain was measured, after thrashing ;' coi-hs pal ulatoria, which held a certain measure of green food for cattle ;' corbis constricta, when, put over the noses of cattle with sore mouths, like a muzzle, to prevent them from rubbing their lips.' These were all of the larger sort, the same as that men^ tioned by Plautus,^ '.' Geritoie amicis vestris aurum corbibus." The smaller basket (corbula) was used for gath- ering fruit' (aliquot corbidas uvarum') ; as a bread-, basket {corbula pants'') ; for carrying up viands from the kitchen to the cainaculum ;' and when Nero at- tempted to cut through the Isthmus of Corinth, he put the earth into a corbula, which he took from a soldier, and carried it away on his shoulders (Au-, mum corbula .congeslam?), which identifies the sort; of basket termed Ko^ti'Of by Josephus," which con- stituted part of the marching accoutrements of ev- ery Roman soldier. The corbis was also used in the Roman navy. Being filled with stones, it afforded a substitute for an anchor in places where the soil was impervious to, or not sufficiently tenacious for, the fluke of an anchor," which practice is not yet forsaken, for the writer has repeatedly seen the identical "corbdla". deUneated above so applied in the bay of Mola dii Gaieta. CO'RBITiE, merchantmen of the larger class,, so called because they hung out a corbis at the mast- head for a sign." They were also termed oneraria ; and hence Plautus, in order to designate the vora- cious appetites of some women, says, " Corbitam cibi comesse possunt."" They were noted for their heavy build and sluggish sailing," and carried pas- sengers as well as merchandise, answering ta the large "felucca" of the present day. Cicero pro- posed to take a passage in one of these vessels from Rhegium to Patrae, which he opposes to the smarter class of packets (acJaano/a"). »COR'CHORUS (Kopxopos), a plant, probably the same with the Jews' Mallow, or Corchonis olitorius. It is still used as a potherb by the Jews at Aleppo. A Japanese species of this shrub is well known in Great Britain, according to Adams ; but the Cor- chorus olitorius is seldom cultivated." *CORD'YLUS (KopSiXos), an amphibious animal described by Aristotle." " From the discussions of Belon, Rondelet, Gesner, and Schneider, it would appear to be settled," remarks Adams," that it was a sort of Lizard, probably a variety of the Siren La- certina.^' II. The fry of the Tunny-fish, according to Phny. Modern naturalists, however, think that it is proba- bly a variety of the Scornber-thynnus, L." ♦CORIANDRUM (xopiavuov or Kopwv"), Cori- ander, or Coriandrum sativum. It grows wild in Italy. The name is derived from the strong smell of bedbugs (.KdpiQ, " a bedbug") which the seed has when fresh. Theophrastus says there were several kinds."" According to Pliny,"' Coriander-seed, ta- ken in modeirate quantities, was good in aiding di- a;estion ; and the ancients, therefore, generally took it after eating. Sibthorp makes the m6dern Greek name to be Koplavdpov or KovaSapu;. He found it a Peloponnesus (the Morea) and the island of Cy- nrns." 1 ^ {Cato, De Re Rust., 136.)— 2. (Colum., VI., iii., 5 ; XI., ii , *».)— 3, (Veget.,Art.Voterm.,ii.,33.)— 4. (Baoch.,IV.,iv.,61.) -5. (Ciito, De Re Rust., ii., 6.— Colura., XII., 1., 8.)— 6. (Vm-o, Oe Re Rust., i., 15.) — 7. {Caecilius, an. Nou., s. v. Corbis.) — 8. (Plaut., Aul.,II.,vii.,4.)— 9. (Suet., Nero, 19.)— 10. (Bell.Jud., iii., 5, 4 6.)— 11. (Arrian, I. c— Eunap. ap. Suid., s. v. ZeSvuo.) —12. (FestliB.— Nonius, B. V.)— 13. (Cos., IV., i., 20.)— 14. (Lu- •Jl. ap. Noii;,,B. V. CorbitE.— 'Plaut., Pffin., III., i.,4.)— 15. {Ep. ad Att., xvi., 6.)— 16. (Theophrast.; H. P., vii., 7.^Adam8, Ap- pend., s. v.) — ir. v'li. A., i., 5.)^— 18. (Aristot., viii,V2l. — Pliu., H. N., ix., 15.)— «!). (Thcophrast., i., 11 ; vii., 1.— Dioscor., iii., 64 )--20. (H. P., vii., 1 .)— 21 (H. N , IX., 20.)— 22. (Billerbeck, Flora Claasica, p. 76.) 308 *CORIS («6pif) I., a name applied to severa, species of the genus Cimex, or hug., {Vid. Cmei] II. A Plant, the same with the Hypericum Coris L.' CORDAX. (Vid. CoMCEDiA, p. 299.) CORNE'LIA LEX. {Vid. IVUJEST.iSj RgfSTD* CORNE'LIA FULVIA LEX. ( Kid. Ambitm.) CORNE'LIA LEX DE FALSIS. {Jid. Fawa) CORNE'LIA LEX DE INJU'RIIS^.,, (KiA la' JVHIJE.) , CORNE'LIA LEX DE SICA'RIIS ET VENE- -FI'CIS. A law of the Twelve Tables contained some provision as to honiicide," but thisJs all thu we know. , It is generally assumed that, the law o' Numa Pompilius, quoted by Festus,' '\Si quishom^ inem liberum clolo, sdens morti duit paricida tsto" was incorporated in the Twelve Tables, and is the law of homicide to which Pliny refers ;, but this cannot be proved. It is generally supposed that, the laws of the Twelve Tables contained provisions against incantations (malum carmen) and. poisoning, both of which offences were also included under parricidium : the murderer of a parent was sewed up in a sack (culeus or culleus) and thrown into a river, . It was under the provisions of some old law that the senate, by a consultum,. or^lered the consuls P. Scipio and D. Brutus (B.C. 138) to in- quire into the murder in the Silva Scantia (Sitoc Sila*). The lex Cornelia de Sicariis et Veneficii was passed in the time of the dictator Sulla, B.C. 82. The lex contained provisions as,. to death or fire caused by dolus mains, and against persons go- ing about armed with the intention of killing of thieving. The law not only provided for cases of poisoning, but contained provisions against .those who made, sold, bought, possessed, or gave poison for the purpose of poisoning ; also against a magis- tratus or senator who conspired in order that a per- son might be condemned in a judicium publicum, &c.° To the provisions of this law . was subse- quently added a senatus consultum against mala sacrificia, otherwise called impia sacrifieia,. the agents in which were brought within the provisions of this lex. The punishment inflicted by this law was the interdictio aquae et ignis, according to some modern writers. Marcian' says that the pun- ishment was deportatio in insulam et bonorum adem- tio. These statements are reconcilable wlien.we consider that the deportatio under the emperors took the place of the interdictio, and the expression in the Digest was suited to the times of the wTiters or the compilers. Besides, it appears that the lex was modified by various senatus consuita and im- perial rescripts. The lex Pompeia de Parricidiis, passed in the time of Cn. Pompeius, extended the crime of parri- cide to the killing (dolo malo) of a brother, sister, uncle, aunt, and many other relations enumerated by Marcianus;' .this enumeration also comprises yitricus, noverqa, privignus, privigna, patronus, pa- trona, an avus who killed a nepos, and a mother who killed a filius or filia ; but it did not extend to a father. . All privy to the crime were also punished by the law, and attempts at the crune also came within its provisions. The punishment, was the same as that affixed by the lex . Cornelia de Sica- riis,' by which must be meant the same punishment that the lex Cornelia affixed to crimes of the same kind. He who killed a father or mother, grand- father or grandmother, was punished (more majo- rum) by being whipped till he bled, sewn up in a I. (Dioscor., iii., 164.— P. JEgin., vii., 3.— Plin., H.N., livi., 54.)— 2. (Plin., H. N., xviii., 3.)— 3. (s. v. Parici Qusestores.)- 4. '(Cic, Bi-utns, c. 22, ed. H. Meyer.)- 5. (Compare Cio.rJrl' Cluent., o. 54, with Dig. 49, tit. 8.)— C. (Dig. 49, tit.8,s.8V ■■'. (Dig. 49, tit. 9, s. 1 .)— 8. (Dig.. I. c.) CORNU. CORONA. sack wifti B dog, cock, viper, and ape, and thrown into the sen if the sea was at hand; and if not, by a constitution of Hadrian, he was exposed to wild oeasts, 0r,in the time of Paulas, to be bilrned. The ape would appear to be' a late addition. The mur- derers of a father, mother, grandfather, grandmoth- er only were punished in this manner ;' other par- ricides were silnply put to death. From this it is clear that the lex Cornelia contained a provision against parricide; if vve are I'ightly informed' as- to the provisions de Sicariiset Veneficis, unless there was a separate Corneha Lex de Parricidiis As al- ready observed, the -provisions of those two le^es were modified in various ways under the emperorsv It Appears from the law of Numa, quoted' by Festus," that a patricida was any one who killed another dolo malo. Cicero^ appears to use the woird inifs limited sense, as he speaks of the pun- ishment' Of the cuUeus. In this limited sense there seems no impropriety in Catilina being called par- ricida with reference to his country ; and the day of the dictator Csesar's death might be called a par- ricidiUm, corisideringthe'circumstarioes under which the name wa's given * If the original meaning of parricida be what Festus says, it may be doubted if the etymology of the vvord (pater and csdo) is correct ; for it appears that paricida or parricida meant murderer generally, and afterward the mur- derter of certain persons in a near relationship. If the^ori was originally patricida, the law intended ' 10 make all malicious killing as great an offence as paiTicidt', though it would appear that parricide, properly so dalied, was, from th^ time of the Twelve Tables at least, specially punished -with' the cuUeus, and other muWers were not." *CORNIX, the Carrion Crow. {Vid. CoitoNE.) CORNU, a wind instrument, anciently made of horn, but afterward of brass." According to Athe- naeus,' it vira's an invention of the Etruscans. Like the tuba, it differed from the tibia in being a larger and more! powerful instrument, and from the tuba itself in being curved nearly in the shape of a C, with a crosspjecis to steady the instrument for the coiiveriienceof theperformer. In Greek it is called aTpoyjfvTiil aaXniy^. It had no stopples or plugs to adjust tlie scale to any particular mode ;° the en- tire series of notes was produced without keys or holes, by the modification of the breath and of the lips at the mouthpiece. Probably, from the descrip- tion given of it in the poets, it Was, like our own horn, an Octave lower'than the trumpet. The cUvs- sicum, which originally meant a signal rather than the musical instrument which gave the signal, was usually sounded with the cornu. " Sonuit refiexo classicum cornu, Lituusque adunco stridulos cantua Etisit are.'" 1. (Modest., Die. 49, tit. 9, s. 9.5-^2. (s. v. Parici QuMtores.y I. (Pio Ros. Am., c. 25.)— 4. (Suet., Cics., o. 88.)— 5. (Diff. 49, fr,j{, g g PauluB, Recept. Sentent., v., tit. 24.^ — Diritaen, Uebfir- iiciit! si,;.,(ieT ZwSlftafelgesetze, Leipsig.)— 6. (Varro, De Ling. Ut.,'v., 117, ed. Mailer.)— 7. (iv., 184, A.)^8. (Bumcy's Hist. ,f Music vol. i., p. 518.)— 9. (Sen. CEd., 734 ) Prom which lines we learn the distinction between the cornu and lituus, as froih Ovid' we leam thai between the fttiii and cornH ; ■' Nan tuba directi, nan oris cornua jlexi." ^ Tlje preceding woodcut, taken from Bartholjni,' illustrates the above account. CORO'NA ((TT-e^avof), a Crown ; that is, a circu- lar ornament of metal, leaves, or flowers, worn by the ancients round the head or neck, and used as a festive as well as funereal decoration, and as a re- w.ard,of talent, military or naval prowess, and civil worth. It includes the, synonymes of the species, for which it is often used absolutely, ar.efavri, arii^o<,\' aTEipdva/^a, corolla, sertum, a garland or wreath ■. The first introduction of this ornament is attrib- uted to Janus Bifrons,'' the reputed inventor of ships and coinage, whence many coins of Greece, Italy,, and Sicily bear the head of Janus on one side, and a ship or a crown on the reverse. Judging from Homer's silence, it does not appear to have been adopted among the Greeks of the he- roic ages as a reward of merit or as a festive dec- oration, for it is not mentioned among the luxuries of the delicate Pheeacians or of the suiters. But a golden crown decorates the head of Venus in the hymn to that goddess.* Its first introduction as an honorary reward is attributable to the athletic games, in some of which it was bestowed as a prize upon the victor," from whence it was adopted in the Roman circus. It was the only one contended for by the Spartans in their gymnic contests^ and was worn by them when going to battle.' The Romans refined upon the practice of the Greeks, and invented a great variety of crowns, formed of different materials, each with a separate appellation, and appropriated to a particular purpose. We proceed to enumerate these and their proper- ties, including in the same detail an account of the corresponding ones, where any, in Greece. I. Corona Obsidionalis. Among the honora- .ry .crowns bestowed by the Romans for military achievements, the most difficult of attainment, and the one which conferred the highest honour, was the corona obsidiunaKs, presented by a beleaguered army after its liberation to the general who broke up the siege. It was made of grass, or weeds and wild flowers,' thence called corona graminea,' and graminea obsidionalisi' gathered from the spot on which the beleaguered army had been enclosed," in allusion to a custom of the early ages, in which the vanquished party, in a contest of strength or agility. plucked a handful of grass from the meadow wheie 1. (Metam., i., 98.1—2. (De Tibiis, p. 403.)-^3. (Athon., rv., 45.)^. (1 and 7.)— 5. (Plin., H. N., iv., 39.— Pindar, Olymp., iv., 36; — ^Argol. in Panvin., De Lud. Circ., i., 16. — Hamilton's Vases, vol.iii., pi. 47.)— 6. (Hase, p. 198, 200, transl.)-^7. (Plin . H.'N:,' xxii., 7.)— 8. (Plin., H. N., xxii., 4.)— 9 (Liv.,»ii.;.37.)' —10. (Plin \ c— Aul. Gel , v., 6.— festus, 8. v. Obsidionalis.) ao9 UOROWA. ';orona Hie struggle took place, and gave it to his opponent as a token of victory.' A list of the few Romans who gained this honour is given by Pliny.' A rep- resentation of the corona graminea is introduced in the preceding woodcut." II. Corona Civioa, the second in honour and im- portance,* was presented to the soldier who had preserved the life of a Roman citizen in battle,* and therefore accompanied with the inscription " Ob civem servatum,"' as seen on the medal of M. Lep- idus, introduced in the next woodcut, in which the letters H. 0. C. S. stand for hostem occidit, civem tervmit. It was originally made of the ilex, after- ward of the iBsculus, and finally of the quercus,'' three different sorts of oak, the reason for which choice is explained by Plutarch.' It is represented in the next woodcut,' above which the medal of Lep- iilus," just mentioned, is placed. .is the possession of this crown was so high an nonour, its attainment was restricted by very se- vere regulations," so that the following combina- tions must have been satisfied before a claim was allowed : To have preserved the life of a Roman citizen in battle, slain his opponent, and maintained the ground on which the action took place. The testimony of a third party was not admissible ; the person rescued must himself proclaim the fact, which increased the difficulty of attainment, as the Roman soldier was commonly unwilling to acknowledge his obligation to the prowess of a comrade, and to show him that deference which he would be com- pelled to pay to his preserver if the claim were es- tablished." Originally, therefore, the corona civica 1. (Aul. GcU,, v., 6.— Plin., H. N., xxii., 4.— Fostus, s. v. Ob- mdionalis.— Sei-v. ad Vii-g., JEtl., viii., 128.)— 2. (H. N., xxii., 4, S.) — 3. (Guichard, De Antiquis Triumphis, p. 268. — Compare Haidouin ad PHn., H. N., x., 68.)— 4. (Plin., H. N., xvi., 3.)— S. (Aul. Gell., v., 6.)— 6. (Seneo., Clem., i., 26.)— 7. (Plin., H. N., xvi., 5.)— 8. (QiisBSt. Rom., p. 151, eu. Reisk.) — 9, (Jacob de B\e, Numism. Aurea Imp. Rom., pi. 6.)— 10. (Goltz, Kistona Giessrum ex Antiq. Nuraismat.Re8titut.,xxxiii.,l.)--ll. (Plin. H N , ivi., 5 ).-12 (Cic, Pro Plane, 30.) Sin was presented by the rescued soldier,- after Ja claim had been thoroughly investigated by tlie trib. une, who compelled a reluctant party to come for. ward and give his evidence;' but under the Enj. pire, when the prince was the fountain from whencE all honours emanated, the civic crown was no lon- ger received from the hands of the person whose preservation it rewarded, but from tlie prince Iiin. self, or his delegate.' The preservation of the life of an ally, even though he were a king, would not confer a sufficient title for the civic crown. When once obtained, it might always be worn. The soldier who had ac- quired it had a place reserved next to the senate at all the public spectacles ; and they, as well as the rest of the company, rose up upon his entranca He was freed from £ill public burdens, as were also his father, and his paternal grandfather; and the person who owed his life to him was bound, ever after, to cherish his preserver as a parent, and af- ford him all such offices as were due from a son to his father.* A few of the principal characters who gained this reward are enumerated in the following pas- sages : Plin., H. N., vii., 29 ; xvi., 5. — Liv., vi., 20;. X., 46. L. Gellius Publicola proposed to confer it upon Cicero for having detected ind crushed the conspiracy of Catiline ;' and among the honours bestowed upon Augustus by the senate, it was de- creed that a civic crown should be suspended from the top of his house ;' hence a crown of oak leaves, with the inscription ob cives servatos, is frequently seen on the reverse of the Augustan medals, as also on those of Galba, Vitellius, Vespasian, Trajan, &c., showing that they likewise assumed to themselves a similar honour. Other chaplets of leaves of many kinds were used both at Rome and in Greece, but they are distinct in character and purpose from the eorom civica. An oak wreath was given by the Greeks to Jupiter ;' but that has no acorns, which formed a prominent feature in the corona civica;^ and likewise to Hecate ;' of ivy to Bacchus," commonly seen in his statues, from which he is termed KiaaoKojiip}^ Those who assisted al a sacrifice wore a crown of bay, and the victim a wreath of cypress, pine, or flowers, and leaves of the tree sacred to the deity to whom the offering was made." Romulus be- stowed a crown of leaves upon Hostus Hostilius, as the first man who stormed the city of Fidente ;" and the army paid a similar compliment to P. De- cius, by whom it was saved from destruction duiing the Samnite war." It will not fail to be remarked, as characteristic of Roman manners and early repubhcan virtue, that the two crowns which were the most difficult to obtain, and held in tl'.o highest honour, possessed no intrinsic value. III. CoRoifA Nava!.i8 or RosTHATA, Called also Classica.'* It is difficult to determine whether these were two distinct crowns, or only two de- nominations for the same one. Virgil" unites both terms in one sentence, "Tempora navdi fulgenl rostrata corona." But it seems probable that the former, besides being a generic terra, was inferioi in dignity to the latter, and given to the sailor whe 1. (Aul. Gel., T., 6.— Polyb., Ti., 37.)— 2. (Polyb., I.e.)-! (Tacit., Ann., iv., 12.— Compare iii., 2.)— 4. (Polyb., vi., 37.— Cic, Pro Plane, 30.— Plin., H. N., xvi., 5.— Aul. Gcll., v., 6 1 —5. (Aul. Gell., v., 6.)— 6. (Dion Cass., liii., 16.— Val. Max.. ii., 8, fin.— Ovid, Fast., i., 614; iv., 953.— Trist., III., i., C^- Senec, Clem., i., 26.— Suet., Calig., 19.— Compare Claad., 17 —Tib., 26.)— 7. (Hamilton's Vases, vol. iii., plil.)-8. (PiiU'i H. N., xvi., 6.)— 9. (Soph., Fraem. ap. Vrii;icia«r, Diatr. in Eur. Frag., p. 167.)— 10 (Plin., H. N., xvi., 4.)— U. (Ito»i Hymn.inBaoch., 1.— Compares.)- 12. (Plm., I.e.)— 13. (Pli"!' H. N., xvi., 5.)— 14. (Liv., vii., 37.)— 15. (Paterc, ii., 81.)- l" (jEn., liii., 684.) CORONA. CORONA. >i!3t boarded an enemy's ship;' whereas ihe latter was given to a commander who destroyed the whole fleet, or gained any very signal victory." At all events, they were both made of gold ; and one, at least {rostrata), decorated with the beaks of ships, like the rostra in the Forum,' as seen in a OiedEd of Agrippa ;* the other {^navcdis), with a rep- WBentation of the entire bow, as shown in the sub- joined woodcut.' The Athenians likewise bestowed golden crowns for naval services, sometimes upon the person who got his trireme first equipped, and at others upon the captain who had his vessel in the best order.' IV. CoEONA MuRALis. The first man who scaled the wall of a besieged city was presented by his commander with a mural crown.' It was made of gold, and decorated with turrets (muri pinnis'), as represented in the next woodcut;' and being one of the highest orders of military decorations, was not awarded to a claimant until after a strict investigation."' castrensia or vallaris,^ which was oriijnicnteu ;v.t,i the palisades (valli) used in forming an intrench ment, as represented in the annexed woodcut • Cybele is always represented with this crown upon her head ;" but in the woodcut annexed" the form of the crown is very remarkable, for it in- cludes the whole tower as well as the turrets, thus afTotding a curious specimen of the ancient style of fortJiication. V. CoiowA CirtKEKsis or Vallaris. The first -iildier who surmounted the vallum, and forced an mtrance into the enemy's camp, was in like man- ,er presented with a golden crown, called corona 1. (Plin., H. N., xvi., 3.)— 2. (Compare AuT. Gell., v., 6.— Liv., ^it., 129.— Dio Cass., ilix., 14.— Seneca, De Ben.,.iii., 32.— Fes- tll, s.T. Navalia Corona. --I'lin.,H.N.,Tiii., 31 ; xvi., 4.— Suet., Claud., 17.)— 3. (Plin., H. N., xvi., 4.)— 4. (Tristan, Comment, lliator.q. (Ids Empereui-s, torn, i., p. J31.) — 5. (Guicjiard, de An- lin. Triumphis, p. 267.) — C. (Demosth., de Corona Praef. Nav., p. 278, S79, ed. Sohaffer.)— 7. (Anl. Cell., v., 6, 4.— Liv., xxyi., ^H\ 8. (Aul. Cell., 1. c.)— 9. (Guicfaard, De Antiq. Triumph., I) 265.);— 10. (Liv., 1. c. — Compare Suet., -A.ug., 25.) — II. (Lu- rrct., ii., 607, 610 —Ovid, Fast., iv., 219.— Compare Virg., Ma., -.. 253 . v' ""86.) — 12. (Caylus, Reciieil D'Antiq.. vol. v., pi. 3 ) VI. Corona Tkiumphalis. There were three sorts of triumphal crowns, the first of which was worn round the head of the commander during hii tnumph. It was made with laurel or bay leaves,' which plant is frequently met with on the ancient coins, both with the berries and without them. It was the latter kind, according to Pliny,* which was used in the triumph,' as is shown in the annexed woodcut, from a medal which commemorates thp Parthian triumph of Ventidius, the lieutenant ol Antony.' Being the most honourable of the thiee it was termed laurea insignis' and insignis coront triumphalis. The second one was of gold, often enriched with jewels, which, being too large and massive to be worn, was held over the head of the general during his triumph by a public officer {servus publicus''). This crown, as well as the former one, was pre sented to the victorious general by his army. The third kind, likewise of gold and great value., was sent as presents from the provinces to the com- mander as soon as a triumph had been decreed to him,' and therefore they were also termed provi?ici- ales.' In the early ages of republican virtue and valour these were gratuitous presents, but beforo the extinction of the Republic they were exacted as a tribute under the name ofaurum coronarium, to which none were entitled but those to whom a tri- umph had been decreed. {Vid. Aheum Cobonasi- UM.) The custom of presenting golden crowns from the provinces to victorious generals was like- wise in use among the Greeks, for they were pro- fusely lavished upon Alexander after his conquest of Darius.'" VII. Corona Ovalis was another crown of less estimation, appropriated solely to commanders. Ii was given to those who merely deserved an ova tion, which happened when the war was not duly declared, or was carried on against a very inferior force, or with persons not considered by the laws of nations as lawful enemies, such as slaves and pirates ; or when the victory was obtained without danger, difficulty, or bloodshed;" on which account 1. (Anl. Geli., v., 6, 5.— Compare Val. Mai., i., 8, 6.)— 2. (Guichard, De Antiq. Triumph., p. 266.)— 3. (Aul. Gell., v.," 6 —Ovid, Pont., IL, ii., 81.— TibuU., I., vii., 7.)— 4. (H. N., iv., 39.)— 5. (Goltz, Hiet. Cms., xlviii., 2.)— 6. (Liv., vii., 13.)— 7. (Jnv., Sat., I., 41.)— 8. (Plot., Paul. JEmi.., 34.)— 9. (TertiiU, De Coron. Mil., c. 13.)— 10. (Athen., xii., 54.)— 11. (Aul. G'U., T., 6. — Festna, s. v Ovalis Corona.) 311 CORONA. CORONA. r. ■ i; made of myrtle, the shrub sacred to Venus : " Quod non Martins, sed quasi Veneris quidam tri- amphus foret.'" The myrtle crown is shown in the vtoodcuc annexed, from a medal of Augustus dacsar.' VIII. Corona Oleagina. This was likewise an Iwnorary wreath, made of the olive leaf, and con- lerred upon the soldiers as well as their command- firs. According to Gellius,' it was given to any person or persons through whose instrumentality a triumph had been obtained, but when they were not personally present in the action. It is represented in the next woodcut, from a medal of Lepidus,* and was conferred both by Augustus and the senate tnon the soldiery on several occasions.' Golden crowns, without any particular designa- iion. were frequently presented out of compliment by one individual to another, and by a general to a soldier who had in any way distinguished himself.' The Greeks, in general, made but little use of crowns as rewards of valour in the earlier and bet- ter periods of their history, except as prizes in the ithletic contests ; but, previous to the time of Alex- ander, crowns of gold were profusely distributed, among the Athenians at least, for every trifling feat, whether civil, naval, or military,' which, though lavished without much discrimination as far as re- gards the character of the receiving parties, were still subjected to certain legal restrictions in respect of the time, place, and mode in which they were confen-ed. They could not be presented but in the public assemblies, and with the consent, that is, by suffrage, of the people, or by the senators in their council, or by the tribes to their own members, or by the Srnibrai to members of their own Sfinoq. Ac- cording to the statement of .lEschines, the people could not lawfully present crowns in any place ex- cept in their assembly, nor the senators except in the senate-house ; nor, according to the same au- thority, in the theatre, which is, however, denied by Demosthenes ; nor at the public games ; and if any crier there proclaimed the crowns, he was sub- 1. fAul GelL, 1. c— Plutarch, Marcell., 22.— Compiire Plin., H. N.. XI , 39.— Dionys., v., 47.)— 2. (Goltz, Hist. Cies., ivi., SO.)— 3 \y., 6.)— 4. (Goltz, Ilist. Cies., xixiii., 5.)— 6. (Dion Cass., lUx., 14; rivi., 40.)— 6. (Liv., vii., 10, 37; x., 44; xxz., la.) — 7. (.Sach., c. Ctes. — Demostli., De CoroQ., passim.) 319 jeet to arifiia. Neither could any per^ion holding an office receive a crown while he was i-ireviwo;, that is, before he had passed his accounts. But crowns were sometimes presented by foreign cities to particular citizens, which were termed arei^avoi ^EViKoi, corona hospitales. This, however, could not be done until the ambassadors from hose cities had obtained permission from the people, and the party for whom the honour was intended had undergone a public investigation, in which the whole course of his life was submitted to a strict inquiry.' The principal regulations at Rome respectajg these honours have been already mentioned in the account of the different crowns to which they ap- plied. We now proceed to the second class of crowns, which were emblematical and not honorary, at least to the person who wore them, and the adoption of which was not regulated by law, but custom. Ot these there were also several kinds. I. Corona Sacerdotalis, so called by .\mmianus Marcellinus.' It was worn by the priests [saeer-, dotes), with the exception of the pontifex Maximus and his minister (camillus), as well as the by-stand- ers, when officiating at the sacrifice. It does not appear to have been confined to any one material, but was sometimes made of olive (see preceding woodcut'), sometimes of gold,' and sometimes of ears of corn, then termed corona spicea, which kind was the most ancient one among the Romans,' and was consecrated to Ceres,' before whose temples it was customarily suspended.' It was likewise ic- garded as an emblem of peace,' m which character it appears in the subjoined medal, which commem- orates the conclusion of the civil war between An- tony and B. Albiji^s Brutus.' II. COKONA FUNEBRIS aud SEPCr.CHBALIS. TIlB Greeks first set the example of crowning the dead with chaplets of leaves and flowers,'" which was imitated by the Romans. It was also provided by a law of the Twelve Tables, that any person who had acquired a crown might have it placed upon his head when carried out in the funereal proces- sion." Garlands of flowers were also placed upon the bier, or scattered from the windows under which the procession passed," or entwined about the cinerary urn,'^ or as a decoration to the tomb." In Greece these crowns were commonly made of parsley (aeltvov^^). : III. CoKONA CoNviviALis. Tho usc of chaplcts at festive entertainments sprung likewise from Greece, and owe their origin to the practice of tying a woollen fillet tight round the head, for Xbe. purpose of. mitigating the effects of intoxication." Thus Mercury in the Amphitryon," when he is about ' 1. (.Ssch., c. Ctes. — ^Domostli., Do Coron.) — 2. (xxxix , 5, ( 6.)— 3. (Stat., Theb., iii., 466.)^. (Prudent., Ylepi 2r/0 «■. 1011.— TertuU., De Idol., 18.)— 5. (Plin., H.N., will., 2.1 -S (Hor., Cam. Sc, 30.— Tibull., II., i., 4 ; I, 1., 15.)— 7. .Ti buU., I., i., 16.— Compare Apul., Met., vi. ,,. 110, ed. Var) -■> (Tibull., i., 10, 67.)— 9. (Goltz, Hist. Cies,, xxii., 2.)— 10. iBu rip., Phffin., 1647.— Schol. ad loo.)- 11. (Cic., De Leg., ii , M — PUn., H. N., ixi., 5.)— 12. (Plin., H. N., ixi., 7.— Dionyi. xi., 39.)— 13. (Plutarch, Marcell., 30. — Demelr., 53.)^M (Plin., H. N., xxi., 3.— Ovid, Trist,, III, ii., 82.— TibrJL,Il iv., 48.)— 15. (Suidas, s. v.— Plut., Timol., 26.)— 16. (Arislot Erotic, ap. Athen., xv , 16 1—17. (HI , iv., 16.) CORONA. CORPUS JURIS CIVfLlS. to snam drunk, says, " Capiavi coronam- mihi in caput, assimilabo me esse ebrium." But, as luxury increased, they were made of various flowers or shrubs, such as were supposed to prevent intoxica- tion ; of roses (which were the choicest), violets, myrtle, ivy, philyra, and even parsley.' The Ro- mans were not allowed to wear these crowns in public, " in nsu promiscuo," which was contrary to the practice of the Greeks, and those who attempt- ed to do so were punished with imprisonment.' IV. Corona Nuptialis. The bridal wreath, are- ijiO( yajajXiov,^ was also of Greek origin, among whom it was made of flowers plucked by the bride herself, and not bought, which was of ill omen.* Among the Romans it was made of verbena, also gathered hy the bride herself, and worn under the flammeum,'' with which the bride was always en- veloped." The bridegroom also wore a chaplet.' The doors of his house were likewise decorated with garlands,' and also the bridal couch.' V. CoRON-i Natalitia, the chaplet suspended over the door of the vestibule, in the houses of both Athens and Rome, in which a child was born.'' At Athens, when the infant was male, the crown was made of olive ; when female, of wool ;" at Rome it was of laurel, iwy, or parsley." Besides the crowns enumerated, there were a few others of specific denominations, which receiv- ed their names either from the materials of which, or the manner in which, they were Composed. These were : I. Corona Lokoa," which is commonly thought to resemble what we call a festoon, and, as such, seem to have been chiefly used to decorate tombs, curule chairs, triumphal cars, houses, &c. But the word must have had a more precise meaning, and was probably called longa from its greater size, and meant a circular string of anything, like the ■' rosa- ry" used by the lower orders in Catholic countries to reckon up their prayers, which in Italy is still called la corona, doubtless tracing its origin to the corona longa of their heathen ancestors, to which description it answers exactly. II CoKjNA Etehsoa was a golden crown, made to imitate the crown of oak leaves, studded with gems, and decorated with ribands {lemnisci) or ties of gold.'* Any crown fastened with these ribands, whether real or artificially represented, was also termed corona lemniscata, a specimen of which is given by Caylus." III. Corona Paotilis," probably the same as the corona plectilis of Plautus," corona torta,'-' plexa," areiavoi ■K7^eKToi,^ and KU^iffrof tyre^uvoi."- It was make of flowers, shrubs, grass, ivy, wool, or any flexible material twisted together. IV. Corona Shtilis, the crown used by the Salii at their festivals." It was made in the first in- stance of any kind of flowers sewed together, in- stead of being wreathed with their leaves and stalks ; but subsequently it was confined to the rose only, the choicest leaves of which were selected 1. (Mart., Epigr.iiii., 127.— Hor., Carm., II., in., 24.— Id., Sat., II., iii., 256.— Id., Carm., I., xxxviii., 2.— Juv., Sat., v., 36. - Vire., Eclo»., vi., 16.— Ovid, Fast., v., 335, 337, 341.— Tacit., ktm., ii., 57.— CapitoIiii.,Verus,5.)— 2. (Plin., H. N., xii., 6.— Compare Hor., Sat., II., iii., 256.— Val. Max., vi., 9, ext. 1.)— 3. (Bion, Idyil., i., 88.)— 4. (Alex, ab Alex., ii., 5.)— 5. (Festus, s. r. Corolla. )— 6. (CatuU., Ixi., 6, 8.— Cic, De Orat., Iii., 58.)-t7. (Tertull., De Coron. Mil., o. 13.— Claud., Nupt. Honor, et Mijr., 202.- Plaut., Cas., IV., i., 9.)— 8. (Catull., Ixiv., 294,— Juv,, Sat., vi., 51, 22".)- 9. (Apollon. Rhod., iv., 1143.) — 10. (Juv., Sat., ix., 85. — Meursius, Attic. Lect., iv., 10.) — 11. (Hesycli., ».v. JrEifdvos.)- 12. (Bartholin., De Puerp.,p.l27.)— 13.-(Cic., De Leg., 24.— Ovid, Fast., iv., 738.)— 14. (Piinj, H, N., xxi,, 4 ; trxiii ,4.) -^16. (Reoueil d'Antiij., vol. v., pi. 57, No. 3.) — 16. (Plin., H; N., xxi,, 8.)— 17. (Bacch., I., i., 37.)— 18. (Propert.,, ai., 20, 18, ed. Kuinoel.)— 19. (Aul. Cell., xviii., 2.)— 20. (Xen. Cploph., ap. Athen., xv.,22.)— 21. (Eubulua, Coniicus, 1. c.)— 22. (Piin., H. N., xxi., 8.) Rr from the whole flower, and sewed togetlier by t skilful hatid, so as to form an elegant chaplet.' V. Corona Tonsa or Tonsilis' was made of leaves only, of the olive or laurel for instance,' and so called in distinction to nexilis and others, in which the whole branch was inserted VI. Corona Radiata* was the one given to tne gods and deified heroes, and assumed by some of the emperors as a token of their divinity. It may be seen on the coins of Trajan, Caligula, M. Aure lius, Valerius Probus, Theodosius, &c , and is given in the woodcut annexed, from a medal of Marc An- tony.' VII. The crown of vine leaves (pampinea). was appropriated to Bacchus,' and considered a symbol of ripeness approaching to decay; whence the Ro- man knight, when he. saw, Claudius with such a crown upon his head,, augUred that he would not survive, the autumn,', ;, *GORO'NE (/copuv)?), the Corvus Corone, or Car- rion Crow. (Kid. CoRAx.) The specific name of IvaKtog Kopuvri is applied by Aristotle' and by .^li- an' to a water-bird, which was, no doubt, some spe- cies either of the cormorant or coot. It occurs also in the Odyssey of Homer" as a sea-bird." *CORO'NOPUS {Kopuvonovg), a plant,, about which there has been some difference, of, opinion, but which, in all probability, is the same with; the Buok's-horn Plantain, or Flantago Coronopus." CORPUS. (Vid. Collegium.) CORPUS JURIS CIVI'LIS. The three greal compilations of Justinian, the Institutes, the Pan- dects, and the Code, together with the Noyellae, form one body of law, and were considered as such by the glossatores, who divided it into five volumi-- na. The Pandects were distributed into three vo- lumina, under the respective names of Digestunv Vetus, Infortiatura, and Digestum Novum. The fourth volume contained the first nine books of the Codex RepetitEe Praelectionis. ,The fifth volume contained the Institutes, the Liber Authenticorum or Novellae, and the last three books of the Codex The division into five volumina appears in the old- est editions ; but the usual arrangement now is, the Institutes, Pandects, the Codex, and Novelte. The name Corpus Juris Civilis was not given to this collection by Justinian, nor by any of the glossato- res. Savigny asserts that the name was used in the twelfth century : at any rate, it became common from the date of the edition of D. Gothofredus of 1604. Most editions of the Corpus also contain the fol- lowing matter : Thirteen edicts of Justinian, five constitutions of Justin the younger, several consti- tutions of Tiberius the younger, a series of consti- 1. (Plin., I.e.) -2. (Virg., .Sn., v., 556.)— 3. (Serv. ad Virjj., Georg., iii., 21.)— 4. (Stat., Theb., i., 28.) — 5. (Goltz, Hist Odes., xlvi.,,3.):-^6. (Hor., Carm., III., xxv., 20 ;.IV., viii., 33.) -^7. (Tacit., Ann.,. xi., 4. — Compare Artemidor., i., 79.)— 8. ( Aristot., H. A., viii.. 5.)— 9. (N. A., ) /., 23.) — 10. (v., 66.)- 11. (Adams, Append., s. v.)— 12. (TheiTphrast., II. P., vii., S. - Id., C. P., ii., 5.— Dios'-or.. ii., 150. — Adams, Ajipcnd., s. v ) 313 CORTINA. CORVUS iDtions ol Justinian, Justin, and Tiberius ; 113 No- velise of Leo, a constitution of Zeno, and a number of constitutions of different emperors, under the name of liaaiTiiKal Atorafcif, or Imperatorias Con- stitutiones ; the Canones Sanctorum et venerando- lum Apostolorum, Libri Feudorum, a constitution of the Emperor Frederic II., two of the Emperor Henry VII., calleil Extravagantes, and a Liber de pace Constantise. Some editions also contain the fragments of the Twelve Tables, of the prstorian edict, &o. Some editions of the Corpus Juris are published with the glossaB, and some without. The latest edi- tion with the glossas is that of J. Fehius, Lugd., 1627, six vols, folio. Of the editions without the glossae, the most important are, that of Russardus, Lugd., 15(51, 2 vols, folio, which was several times reprinted; Contius, Lugd., 1571 and 1581, 15 vols. 12mo ; LuJ. Charondae, Antw., 1575, folio ; Dionys. Gothofredi, Lugd., 1583, 4to, of which there are various editions ; one of the best is that of Sim. Van Leuwen, Amst., 1663, folio ; G. Chr. Gebaueri, cura G. Aug. Spangenberg, Goettiug., 1776-1797, 2 vols. 4to ; Schrader, of which only the Institutes are yet published. *CORRU'DA, the name by which the wild As- paragus was known among the Romans {aairupayog ayptof, or ireTpawi). According to Pliny," some called it Lihyca ; the Attics, horminium. Another Greek name was myacanthus. The name in mod- ern Greece is cirapdyyi or aizapayyia. Sibthorp found it in Bithynia and the Peloponnesus. ° CORTI'NA, m its primary sense, a large circu- lar vessel for containing liquids, and used in dyeing wool," and receiving oil when it first flows from the press.* II. Cortina also signified a vase in which water was carried round the circus during the games,' as some think, for the refreshment of the spectators in the cavea, but mote probably to be used in the course, when required either for the horses, drivers, or attendants ; which interpretation gains confirm- ation from the ancient bas-reliefs, in most of which men or children are represented with a water-jug in iheir hands attending the course, as represented in the woodcut in page 253, in which two of the children thrown down by the horses are furnished with a vessel of this kind. III. CoETiNA was also the name of the table or hollow slab, supported by a tripod, npon which the priestess at Delphi sat to deliver her responses : and hence the word is used for the oracle itself The Romans made tables of marble or bronze after the pattern of the Delphian tripod, which they used as we do our sideboards, for the purpose of display- ing their plate at an entertainment, or the valuables contained in their temples, as is still done in Cath- olic countries upon the altars. These were terrhed cortiniE Delpkica, or Delphiccs simply.' IV. From the conical form of the vessel which contains the first notion of the word, it came also to signify the vaulted part of a theatre over the stage {magni cortina theairi'), such as is in the Odeium of Pericles, the shape of which we are ex- pressly told was made to imitate the tent of Xerx- es ;' and thence metaphorically for anything which bore the appearance of a dome, as the vault of heaven ;-" or of a circle, as a group of listeners sur- rounding any object of attraction." 1. (II. N., XV., 37; xix.,4; xx., 10.) — 2. (BiUerbeck, Flora Classics, p. 93, 94.) — 3. (Plin., H. N., ix., 62.)— 4. (Cato, De Ke Rust., 66.)— 5. (Plaut., Poon., V., v., 2.) —6. (Virg., JEn. 1-j., 347.)— 7. (Plin., H. N., xxxiv., 8.— Sohol. ad Hor., Sat., I.[ Ti., 116. — Mart., xii., 66, 7. — Suet., Octav., 52.) — 8. (Sever in JEln., 294.)— 9. (Paus., i., 20, 1) 3.— Plutarch, Pericl., 13.)— 10. (Ennius ap. Varr., Do Ling. La^, viii., 48, ed. MuUor.) — II. tXacit., Do Orat., 19.) 311 CORYBANTES (Kopufiavret). The hisuuy aw explanation of the deities bearing thii name, in the early mythology of Greece, cannot be given in this place, as it would lead us to enter into historical and mythological questions beyond the limits of tins Dictionary. The Corybantes, of whom we have lo speak here, were the ministers or priests of Rhea or Cybele, the great mother of the gods, who was worshipped in Phrygia. In their solemn festivals they displayed the most extravagant fury in their dances in armour, as well as in the aO30mpatiyin(i music of flutes, cymbals, and drums.* Hence no- pvBuvTiufin^ was the name given to an imaginary disease, in which persons felt as if some great noisr> were rattling in their ears.' CORYBANT'IC.l (,Kopv6avTiicu), a festival anil mysteries celebrated at Cnossus in Crete, in com- memoration of one Corybas,* who, in common with the Curetes, brought up Zeus, and concealed him from his father Cronos in that island. Other ac- counts say that the Corybantes, nine in number, independent of the Curetes,: saved and educated Ze us ; a third legend' states that Corybas was the father of the Cretan Apollo who disputed the sovereignty of the island with Zeus. But to which of these three traditions the festival of the Corybantica owed its origin is uncertain, although the first, which was current in Crete itself, seems to be best entitled to the honour. All we know of the Corybantica is, that the person to be initiated was seated on ii throne, and that those who initiated him formed a circle and danced around him. This part of the solemnity was called 'Spovumc or •^poviajioe.^ CORYMBDS (Kopv/iSor:) was a particular mode of wearing the hair among the Greek women, which is explained in the article Coma (p. 291). The fol- lowing woodcut, taken from Millingen,' repre.'jonM a woman whose hair is dressed in this manner. Corymbium is used in a similar sense by PePu- nius.' CORYS (TOpuf). {Yid. Galea.) CORVUS, I. a sort of crane, used by C. Dnihus against the Carthaginian fleet in the battle fought off Mylae, in Sicily (B.C. 260). The Romans, we are told, being unused to the sea, saw that llieii 1. (Strab., X., 3, p. 367, ed. Tauchnitz.) — 2. (Plato, Cviton. p. 54, D., with Stallbauai's note.)— 3. (Strabo, i., 3 p. 3«5, ed Tauchn.)— 4. (Cic, De Nat. Door., iii., 23.)— 5. (Plato, Eiithy 'i™-. P- 277, D.— Dioii Chrysost., Ont., xii., p. .187. — Pvoclui Theol Plat.,vi., I3.)-6. (Peiiitures AutiflUcs, plate 40.)— 7. '« CORYTOS Ci ISMI. only chance of victory was by bringing a sea-fight to resemble one on land. For this purpose they in- vented a machine, of which Polybius' has left a minute, although not very perspicuous, description. In the fore part of the ship a round pole was fixed perpendicularly, twenty-four feet in height and about nine inches in diameter ; at the top of this was a pi^ol, upon which a ladder was set, thirty-six feet in length and four in breadth. The ladder whs guarded by crossbeams, fastened to the upright pole by a ring of wood, which turned with the pivot above. Along the ladder a rupe was passed, one find of which took hold of the corvus by means of a ring. The cormts itself was a strong piece of iron, with a spike at the end, which was raised or low- ered by drawing in or letting out the rope. When an enemy's ship drew near, tlie machine was turned outward, by means of the pivot, in the direction of the assailant. Another part of the machine, which Polybius has not clearly described, is a breastwork, let down (as it would seem) from the ladder, and serving as a bridge, on which to board the enemy's vessel." By means of these cranes, the Carthaginian ships were either broken or closely locked with the Roman, and Duilius gained a complete victory. The word conus is also applied to various kinds of grappling-hooks, such as the corvus demoHtor, mentioned by Vitruvius^ for pulling down walls, or the ten-ible engine spoken of by Tacitus,' which, being fixed on the walls of a fortified place, and suddenly let down, carried off one of the besieging party, and then, by a turn of the machine, put him down within the walls. The word is used by Cel- sus for a scalpel. It is hardly necessary to remark that all these meanings have their origin in the sup- posed resemblance of the various instruments to the beak of a raven. *CORVUS, the Crow. (,Vid. Corone.) *COR'YLUS {Kopv^i), the Hazel-tree, or Corylus Avellana. {Yid. Avellana Nnx.) CORY'TOS or CORY'TUS (yapvToq, KupvTog), a Bow-case. This was worn suspended by a belt vid. Baltehs) over the right shoulder,' and it fre- quently held the arrows as well as the bow {sagitti- feri coryti'). On this account, it is often confound- ed with the Pharetka or quiver. It is generally carried by the armed Persians, who are represented on the Persepolitan bas-reliefs ; and in this, as in many other respects, we observe Ihe agreement between them and the European na- tinns situated to the north of the Euxine Sea : * In quibus est Hcmo, qui non ccryl-m et arcuia Telaque vipereo lurida felle gerat."^ Though its use was comparatively rare nmong the Greeks and Romans, we find it exhibited in a bas-relief in the Museo Pio Clementine,' whict adorned the front of a temple of Hercules near Ti- bur. (Vid. Aecus.) This bow-case seems to bo of leather. See the preceding woodcut. COSME'TjE, a class of slaves among the Ro- mans, whose duty it was to dress and adorn ladies.' Some writers on antiquities, and among them Eot- tiger in his Sabina,* have supposed that the cosme- tae were female slaves, but the passage of Juvenal is alone suflRcient to refute this opinion ; for it was not customary for female slaves to take off their tunics when a punishment was to be inflicted upon them. There was, indeed, a class of female slaves who were employed for the same purposes as the cosmetse ; but they were called cosmetrice, a name which Naevius chose as the title for one of his com- edies.' COSMI (Koa/ioi). The social and political insti- tutions of Crete were so completely Dorian in char- acter, and so similar to the Spartan, that it was a disputed point among the ancients whetlier the Spartan constitution had its origin there, or the Cretan was transferred from Laconia to Crete. The historian Ephorus' expressly states that the Spartan institutions had their origin in Crete, but were perfected and completed in Sparta ; so that there is good reason for the assertion of Miiller.' " that the constitution founded on the principles of the Doric race was there first moulded into a "on- sistent shape, but even in a more simple and aot.- quated form than in Sparta at a subsequent period." ■Thus much, at any rate, we know for certain, that there were various Dorian cities in the island, the political arrangements of which so closely resem- bled each other, that one form of government was ascribed to all." In the earliest ages of which we have historical information, this was an aristocracy consisting of three component bodies, the cosmi, the gerusia, and the ecclesia. The cosmi were ten in number, and are by Aristotle, Ephorus, and Ciceio' compared to the ephors at Sparta. Miiller, how- ever,'" compares them with the Spartan kings, and supposes them to have succeeded to the functions of the kingly office ; which Aristotle (probably allu- ding to the age of Minos) tells us was at one time established in Crete. These cosmi were ten in number, and chosen, not from the body of the peo- ple, but from certain yevT; or houses, which were probably of more pure Doric or Achaian descent than their neighbours. The first of them in rank was called protocosmus, and gave his name to the year. They commanded in war, and also conduct- ed the business of the state with the representa- tives and ambassadors of other cities. With re- spect to the domestic government of the state, they appear to have exercised a joint authority with the members of the yepovaia, as they are said to have consulted with them on the most important nip'- ters." In the times subsequent to the age of Alex- ander, they also performed certain duties which bore a resemblance to the introduction of the law- suits into court by the Athenian magistrates.-' Their period of office was a year ; but any of them during that time might resign, and was also liable to deposition by his colleagues. In some cases, toi, they might be indicted for neglect of their duties ! (i,E2.'— 2. (Comiiare Curtras, iv., 2, 4.) — 3. (x., 19.)- !lli«l., iv., 3l).)~-5. (Viig., JBr>., x., 168.— Scnr., ailloc.)— 6. rSil. iul., XT., 770 ' 1. (Ovid. Trist., V., vii.. 15.) — 2. (Tom. ir., lav. 43.)— 3 (Juv., Sat., vi., 476.)— 4. (i., 22.)— 5. (See Varro, De I.ing. Lat., vi., 3, p. 92, ed. Bip., where cosntetria is to be read instead of cosmotria, and Heindorf ad Herat., Sat., 1., ii., 98.) — 6. (ap. Strab., X., 4.)— 7. (Dorians, iii., I, t, 8.)— S. (Thirlwall, Hist. Greece, i., 284.)- 9. (De Rep., ii., 33 )-10. (lii., 8, 1) l.)-U (Ephor. ap. Strab., x., 4.)— 12. (Miiller, ]. c.) ay" COSMI. COTHURNUS On the whole, we may conclude that they formed the executive and chief power in most of the cities of Crete. The yepovala, or council of elders, called by the Cretans ^ovXtj, consisted, according to Aristotle,' of thirty members who had formerly been cosmi, and were in other respects approved of (to uXVi ioxLfiOL Kptvofievoi.'). They retained their office for life, and are said to have decided in all matters that came before them according to their own judgment, and not agreeably to any fixed code of laws. They are also said to have been irresponsible, which, how- ever, hardly implies that they were, independent of the " unwritten law" of custom and usage, or unin- fluenced by any fixed principles.' On important o'jcasions, as we have before remarked, they were ^v/iSoiiXoi, or councillors of the cosrai. The democratic element of the ecclesia was al- most powerless in the constitution ; its privileges, too, seem to have been merely a matter of form ; for, as Aristotle observes, it exercised no function of government except ratifying the decrees of the yipovTc^ and the Koa/ioi. It is, indeed, not improb- able that it was only summoned to give its sanction to these decrees ; and. though this may appear to imply the power of withholding assent, still the force of habit and custom would prevent such an alternative being attempted, or, perhaps, even thought of* From these observations, it is clear that the Cre- tan constitution was formerly a Dorian aristocracy, which, in the age of Aristotle, had degenerated to what he calls a dvvaareia, i. e., a government vest- ed in a few privileged families. These quarrelled one among the other, and raised factions or parties, in which the demus joined, so that the constitution was frequently broken up, and a temporary mon-i archy, or, rather, anarchy, established on its ruins. The c(uv. A basin was filled with water, with small empty bowls swimming upon it. Into these the young men, one after another, threw the remnant of the wine fi-om their goblets, and he who had the good fortune to drown most of the bowls obtained the prize {iiorrd- 6joj')i consisting either of simple cakes, sweetmeats, or sesame-cakes. A third and more complicated form of the cotta- bus is thus described by Suidas:' A long piece of wood being erected on the ground, another was placed upon it in a horizontal direction, with two dishes hanging down from each end ; underneath each dish a vessel full of water was placed, in each of which stood a gilt brazen statue, called iiavt/c. Every one who took part in the game stood at a distance, holding a cup full of wine, which he en- deavoured to throw into one of the dishes, in order that, struck down by the weight, it might knock against the head of the statue which was concealed under the water. He who spilled least of the wine 1. (BiUerbeck, Flora Classica, p; 5. — Martyn ad Virg , Gehrg,, ..., 182.— Tneophrast., H. P.j ii., 3.)— 2. (Athen., xv., p. 6flfl.) —3. (Etymol. Mag., s. v. Korraei>.)-4, (Pollux, vi., 109.— Etymol. Mag., 1. c— Athen., xv., p. 667, sub fin.)— 5. (Athen. XV., p. 667.)— 6 (I.e.)— 7. Is. v.K0TTa6i%u.) ni; COTYTTIA. CRATAEGUS gained the victor* , and thereby knew that he was loved l)y his inisti sss.' A fourth kind of cottabus, which was called k6t- raSog KaraKrvc (aTTo roij KardyEtv tov /corrafiov), is described by Pollux," the scholiast on Aristoph- anes,' and Athenaeus.* The so-called /tuvT]; was placed upon a pillar similar to a candelabrum, and the dish hanging over it must, by means of wine projected from the goblet, be thrown upon it, and thence fall into a basin filled with water, which, from this fall, gave forth a sound ; and he who pro- duceil the strongest was the victor, and received prizes, consisting of eggs, cakes, and sweetmeat^. This brief description of four various forms of the cottabus may be suflScient to show the general character of this game ; and it is only necessary to add, that the chief object to be accomplished, in all the various modifications of the cottabus, was to throw the wine out of the goblet in such a manner that it should remain together and nothing be spill- ed, and that it should produce the purest and stron- gest possible sound in the place where it was thrown. In Sicily, the popularity of this game was so great, that houses were built for the especial purpose of playing the cottabus in them. Those readers who wish to become fully acquainted with all the various forms of this game, may consult Athenajus," the Greek lexicographers, and, above all, Groddeck,' who has collected and described nine different forms in which it was played.' Becker is of opinion that all of them were but modifications of two principal forms." *COTTUS (/corrof), a species of Fish, supposed to be the Zeus Faber, L., or the Doree. The name in the common editions of Aristotle occurs at H. A., i''., 8, where, however, Schneider reads Poitoq, and refers it to the river Gudgeon.' »COTT'YPHUS (/cdrrv^of), a species of Fish, the »ame with the Labrus merula, called in French the Merle.'-' *c6tURNIX, [Vid. Peedix.) COTY'TTIA or CO'TTYTES (/ton/rria, kot- » wrer), a festival which was originedly celebrated by the Edonians of Thrace, in honour of a goddess called Cotys or Cotytto." It was held at night, and, according to Strabo, resembled the festivals of the Cabiri and the Phrygian Cybele. But the worship of Cotys, together with the festival of the Cotyttia, were adopted by several Greek states, chiefly those which were induced by their commercial interest to maintain friendly relations with Thrace. Among these Corinth is expressly mentioned by Suidas, and Strabo'" seems to suggest that the worship of Cotys was adopted by the Athenians, who, as he observes, were as hospitable to foreign gods as they were to foreigners in general." The priests of the goddess were formerly supposed to have borne the name of bapta; ; but Buttmann has shown that this opinion is utterly groundless. Her festivals were notorious among the ancients for the dissolute man- ner and the debaucheries with which they were celebrated." Another festival of the same name was celebrated in Sicily," where boughs hung with cake and fruit were carried about, which any person had a right to pluck off if he chose ; but we have no mention that this festival was polluted with any 1, {Vid. Schol. ail Lucian., Lexiph., 3, torn, ii., p. 325.)— 2. (vi., 109.)— 3. (Pa.v, 1172.)^J. (xv., p. 667.)— 5. (.xv., p. 666, &c.) — 6. (Ueber den Kottabos der Griechen, inhi.s Antiqiiarische Veraucho, I., Sammlung, 1800, p. 163-238.) —7. (Chariltles, i., p. 476, &c.) — 8. (Compare also Fr. Jacobs, Ueber den Kotta- boa, in Wieland's Attisches Museum, III., i., p. 475-496.)— 9. (Plin., H. N., xxxii., 11.— Adams, Append., s.v.)— 10. (Aristot., n.A.viii., \i.—m\\m, N.A., i., 19.)— 11. (Strab.,x., 3, p. 362, ed. Tauchnitz.— Eupolis, ap. Hesych., s. v.— Snidas.)— 12. (1. c, p. 364.)— 13. (Comjiare Fergus, Sat., ii., 92.)— 14. (Suidas, s. v. KiJnis.- Herat., Ep xl., xvii., 56.— Theocrit., vi., 40.)— 15. (Plm., Proverb.) 318 of the licentious practices which disgiaced those ot Thrace and Greece, unless we refer the allusion made by Theocritus to the Cotyttia, to the Sicilian festival.' CO'TYLA {KOTvX'q) was a measure of capauiiy among the Komans and Greeks ; by the former it was also called hemina; by the latter, Tpv6}i,iov and ))/iiva or }!/ii.fiva. It was the half of the sextarius or ^earric, and contained 6 cyathi, = (on Mr. Husseyli computation) -4955 of a pint English. This measure was used by physicians vrith » graduated scale marked on it, like our own chemi- cal measures, for measuring out given weights of fluids, especially oil. A vessel of horn, of a cubic or cylindrical shape, of the capacity of a cotyla, waa divided into twelve equal parts by lines cut on its side. The whole vessel was called litra, and each of the parts an ounce {undo). This measure held nine ounces (by weight) of oil, so that the ratio of the weight of the oil to the number of ounces it occupied in the measure would be 9 : 12 or 3 : 4.' *COTYLE'DON OcorvXnSau), a plant, called in English Navelwort. , The two species described by Dioscorides' may be confidently referred, according to Adams, to the Cotyledon umbilicus and. C. serrata. »KOTKIO*'OPON AENAPON (nnviuoijiopov ?6iv- Spov), a sort of Palm-tree. Stackhouse sugge,5t3 that it may have been the Palma Tkebdica, called " Doom-tree" in Bruce's Travels.* COVI'NUS (Celtic kowain), a kind of car, Jlie spokes of which were armed with long sickle?, and which was used as a scythe-chariot chiefly by the ancient Belgians and Britons.^ The Romans des- ignated by the name of covinus a kind of travelling carriage, which seems to have been covered on all sides with the exception of the front. It had;no seat for a driver, but was conducted by the travellei himself, who sat inside.' There must have been a great similarity between the Belgian scythe-chariot and the Roman travelling carriage, as the name of the one was transferred to the other, and we may justly conclude that the Belgian cai was likewise covered on all sides except the front, and that it was occupied by one man, the covinarius only, who was, by the structure of his car, sufficiently pro- tected. The covinarii (this word occurs only in Tacitus) seem to have constituted a regular and distinct part of a British army.' COUREUS (/cov/irff). (Vid. B.iRE.1.) ♦CRAMBE. (,Vid. Beassioa.) ♦CRANGON licpayyav), formerly held to be a species of Squilla. " The term is now used in a generic sense by late naturalists," observes Adams ; "thus the common shrimp is nanaed the Crangon vulgaris. It is worthy of remark, however, that Cuvier and Schneider contend that the KpayyCm of the Greeks corresponds to the Cancer digitalis."'* *CRANIA or CRANEIA (Kpdvia, apuveia). " All agree," remarks Adams, " that the /cpaveia ul>(>jiv is the Cornus mascula, L., called in English the Cornelian Cherry, or Male Cornel-tree." For the other, see Thelyceaneli {^rilvKpdveia).' CRANOS. (Vid. Galea.) *CRAT^GUS {Kparatydc). Sprengel refers Iho tree described by Theophrastus under this name t(f the Azorola, or Cratxgus Azorolus, but Stack- house to the C. torrainalis. The plant of this name 1. (Compare CuUmann's Essay, Ueber die Kotyttia und tie Baptic, in his Mytholojua, vol. ji., p. 159.)— 2. (Galenus, I)e Compos. Medicam. per Genera, iii., 3 ; i., 16, 17 ; iv., 14 ; v., 3 6 ; vi., 6, 8. — Wurm, De Pond. Mens., &c. — llussey on Ancient Weights, &c.)— 3. (iv., 90, 91.)— 4. (v., 45.— Adams, Append., s. V.)— 5. (Mela, iii., 6.— Lucaa, i., 426.— Silius, xvii., 422.)— C. (Mart.,Epig., ii., 24.)— 7. (Tacit., Agi-ic, 35 and 36, wilhM. .1, H Bckker's note. — BUtticher's Lexicon Tacit., s. v. — Eeciter, Gal lus, vol. i., p.. 222.— Compare tlie article Essedum.)-^. (Aris- tot., II. A., iv., 4.— Adams, Append., s. v.)— 9. (TheoDhrHt. H. P., i., 9 ; iii., 4.— Dioscor., i., 17'i.— Adams, Appea,*. >\ UfiATEB.. CREPIDA. il3scribeJ by Tlieophrastus in another part of his work was most probably the same as the Cratago- •lon (KpaTaiyovov).'- ♦CRATjE'GONON {Kparaiyavov), a plant, to which Stephens gives the French name of Courage. Stackhouse refers it to the Euphrasia odontitis, now called Bartsia odontitis. SprengeJ, however, prefers the Polygonum Pcrsicaria.' CRATER (KpaTTJp, Ionic KprjT^p ; Lat. crater or cror U-a, from icepdvvv/it, I mix), a vessel in which the wite, according to the custom of the ancients, who very seldom drank it pure, was mixed with water, and from which the cups were filled. In the Homer- ic age the mixture was always made in the dining- room by heralds or young men {Kovpoi'). The use of the vessel is sufficiently clear from the expres- sions so frequent in the poems of Homer : uprir^pa Kepuaaodat, i. e., olvov Kal vdap kv Kprjrrjpi jiCaysiv : mveiv Kpjirfjpa (to empty the crater) ; Kprirfipa arri- aaaSai (cratera statuere, to place the filled crater near the table) ; KpriTijpaQ iirLaTi(j>£aBaL ■kotoIo (to fill the craters to the brim*). The crater, in the Homeric age, was generally of silver,' sometimes with a gold edge,' and sometimes all gold or gilt.' It stood upon a tripod, and its ordinary place in the ueyapov was in the most honourable part of the room, at the farthest end from the entrance, and near the seat of the most distinguished among the guests." The size of the crater seems to have va- ried according to the number of guests ; for where their number is increased, a larger crater is asked for.' It would seem, at least at a later period (for in the Homeric poems we find no traces of the cus- tom), that three craters were filled at every feast af- ter the tables were removed. They must, of course, liave varied in size according to the number of (niests. According to Suidas,'" the first was dedi- cated to Hermes, the second to Charisius, and the third to Zeus Soter ; but others called them by dif- ferent names ; thus the first, or, according to others, the last, was also designated the uparrip uyaBov Sai/iovo;, the crater of the good genius," upariip iyieia^ and jieTaviTcrpig or iicrdvfKrpov, because it was the crater from which the cups were filled after the washing of the hands." Craters were among the first things on the em- bellishment of which the ancient artists exercised their skill. Homer" mentions, among the prizes proposed by Achilles, a beautifully-wrought silver crater, the work of the ingenious Sidonians, which, by the elegance of its workmanship, excelled all others on the whole earth In the reign of Croesus, king of Lydia, the Lacedaemonians sent to that king a brazen crater, the border of which was all over ornamented with figures (fucSm), and which was of such an enormous size that it contained 300 am- phorae.'* Croesus himself dedicated to the Delphic god two huge craters, which the Delphians believed to be the work of Theodorus of Samos, and Herodo- tus" was induced, by the beauty of their workman- ship, to think the same. It was about 01. 35 that the Samians dedicated six talents (the tenth of the profits made by Coteus on his voyage to Tartessus) to Hera, in the shape of an immense brazen crater, the border of which was adorned vvith projecting licaJi of griflbns. This crater, which Herodotus" calls Argive (from which we must infer that the Argive artists were celebrated for their craters). I. (Theophrast., iii., 15 ; ix., 18. — ^Adams, Append., s. v.) — ^2. (Dioscor., iii., 12'J.)— 3. {Tid. 11., iii., 269.— Od., -rii., 182 ; iii., 271.)— 4. ( Vid. Buttmaim, Lexil., i., 15.)— 5. (Od., ix., 203 ; i., 356.)— 6. (Od., iv., 616.)— 7. (11., xxiii., 219.)— 8. (Od., xxi., 146 , xxii., 333, compared with 341.)— 9. (II., ix., 202.)— 10. (s. V. Kp'inip.) — 1 1 . (Suidas, s. v. 'AyaOou Aal/invoi. — Compare Athen.,xv.,p. C!)2, &c.— Aristoph., Vesp., 507; Pax., 300.)— 12 (Alhen., XV., p. 029, F., *c,)— 13. (II., xxiii., 741, ig. 47, tit. 11.)— 2. (Dig. 48, tit. 19, s. 13,)— 3. (Dig. 47, Mt. 1, s. 3.) — 4. (Damm, Lex. Horn., s. v. — Adams, Append., s. «.)—£, (Kippocr., Morb. Mulier. — Adams, Append., s. Y.) Es.)— II. The Ram. (Vid. Ovis.)— III. {Kpi6( otxpti, 6c), A large fish, mentioned by Oppian and jElian. It cannot be satisfactorily determined.'— IV. {Kpioi ipi6iv6oc), A species of the Cicer arietanum. ( Vid Erebinthus.)" CRISTA. {Vid. Galea.) CRITAI {Kpirai), (judges). This name was applt ed by the Greeks to any person who did not judge of a thing like a SmacTtic, according to positive laws, but according to his own sense of justice and equi- ty.= But at Athens a number of Kptral were cho- sen by ballot from a number of selected candidates at every celebration of the Dionysia, and were called ol Kpiral, xar' cSoxijv. Their office was to judge of the merits of the different choruses and dramatic poems, and to award the prizes to the vic- tors.* Their number is stated by Suidas (j. v. 'Ev nivTe KpiTuv yovvani) to have been five for come- dies ; and G. Hermann has supposed, with great probability, that there were, on the whole, ten Kpirai, five for comedy and the same number for tragedy, one being taken from every tribe. The expression in Aristophanes,' viK^i' 'kuoltoXc Kpnalg, signifies to gain the victory by the unanimous consent of the five judges. For the complete literature of this sub- ject, see K. F. Hermann's Manual of the Pol. Ant. of Greece, (j 149, n. 13. CRO'BYLOS. ( Vid. Coma, p. 291.) *CROCODrLUS {KpoKoieaoc), the Crocodile. The name properly denotes a small species of Liz- ard, and was merely given by the Greeks to the Crocodile itself, from the resemblance which the latter bore to this small creature,' just as our Alii- gator is the Portuguese " al legato,^' the Lizard. Hence Aristotle calls the Crocodile xooKodtiXoc 6 ffoTu/tiof, and the Lizard KpoKoiiiXoi 6 x^P<"^ioc- The Egyptians, says Herodotus, called the Croco. dile x"'l"l>VQ ■ this, however, is a mere corruption in Greek of the Egyptian name Msak or Emsooh, which the Copts still retain in Amsah, and from which the Arabs have derived their modern appel- lation Temsah. The ancient writers have left us accounts of this animal, but they are more or less imperfect. Thus Herodotus says' it is blind in the water ; an evident error, unless he mean by the Greek term tv^Io^, not " blind," but merely " dim- sighted," or " comparatively weak of sight," i. e., when compared with its keenness of vision on the land. So, again, Herodotus says it has no tongue. This, however, is a popular error : it has a tongue, like the rest of animals, but this is connected by a rough skin with the lower jaw ; and, not being ex- tensible, nor easily seen at first view, since it com pletely fills the cavity of the jaw between the two rows of teeth, it has been supposed to have no actual existence. Again, the Crocodile, according to Herodotus, does not move its lower jaw, but brings the upper one down in contact with it. Now the truth is just the other way : the lower jaw alone is moved, and not the upper. The lower jaw ex- tends farther back than the scull, so that the neck must be somewhat bent when it is opened. The appearance thus produced has led to the very com- mon error of believing that the Crocodile moves its upper jaw, which is, in fact, incapable of motior, except with the rest of its body. " Naturalists d^ scribe four species of the Crocodile, namely, Croco dilus alligator, C. cayman, C. gamal, and C. candi verbera. The third of these being found only in India, and the fourth being peicuKar to America, it follows that the ancients could have had little ac- quaintance with any other species than the Alhga- 1. (Adama, Append., s.v.) — 2. (Theophrast., H. P., vfli., 5.)— . 3. (Herod., iii., 160.— Demoslh., Olynth., i., p. 17 ; c, Mid., n 520.) — 4. (Isocr., Trapez., p. 365, C, with Coraj's note.)— 5. (At 421 )— 6. (Herod., ii., 69.)— 11. (.. ) . CROCUS. CROTALUM. tor and the Cuman. jElian, however, must be supposed to allude to the Gaviai when he mentions the Crocodile of the Ganges. Both Linnaeus and BuflTon reckon the first two as mere varieties, but they are now generally held to be distinct species. Bochart, with great learning, has proved that the Leviathan of Job is the Crocodile.' Athenasus ranks 4ie Crocodile and the Hippopotamus with the k^tt;.' f Among the Egyptians, the Crocodile was peculiarly sacred to the god Savak. Its worship, however, did not extend to every part of Egypt ; some places considering it the representative of the Evil Being, and, bearing the most deadly animosity to it, which led to serious feuds between neighbouring towns. Sucli was the cause of the quarrel between the Ombites and the Tentyrites, as described by Juve- nal ; and the same animal which was worshipped at Ombos, was killed and eaten by the inhabitants of Apollinopolis.' The Crocodile enjoyed great honours at Coptos, Ombos, and Crocodilopolisor Arthribis, in the Thebaid. In Lower Egypt, it was particularly sacred at a place called the City of Crocodiles (Crocodilopolis), and afterward Arsinoe, the capital of a nome, now the province o*" Fyoom. The animals were there kept in the Lake Maeris, and were buried in the under-ground chambers of the famous Labyrinth. The Crocodile is now sel- dom eaten, the flesh being bad. Indeed, in former times, it seems rather to have been eaten as a mark of hatred towards the Evil Being, of whom it was the emblem, than as an article of food.* The Croc- odile at present is found in the Nile only towards the region of Upper Egypt, where it is extremely hot, and where this animal never falls into a lethar- gic state. Formerly, when it was wont to descend the branches of the river which water the Delta, it I used to pass the four winter months in caverns, and without food. Of this fact we are informed by Pliny and other ancient naturalists. — In the year 58 B.C., the aedile Scaurus exhibited at Rome five crocodiles of the Nile ; and subsequently, the Em- peror Augustus had a circus filled with water, and exhibited there to the people thirty-six crocodiles, which were killed by an equal number of men who rere habituated to fight with these animals."" . *KPOKOAErAOS (x^P'""-"! or afciyKo;), the alcink, or Land Crocodile. There are two species »f the Skink with which the ancients may be sup- posed to have been well acquainted, namely, Scincus officinalis and iS. Algiriensis. Moses Charras says of them, " The Skinks are little animals like to liz- ards, or, rather, like to little crocodiles, by which name they are known."" ♦CROCODEIL'IUM (xpoKoSei^iov), a species of plant. Matthiolus informs us that it had been sup- posed to be the Eryngium marinum, or Sea Eringo, and the Carlina,ox Carline Thistle ; but he rejects both these suppositions, admitting, however, at the same time, his own want of acquaintance with it. Sprengel, on the other hand, inclines to think it the Eryngium.'' * CROCUS {KpoKoc:), the Saffron Crocus, or Cro- cus satimis. The genuine Saffron grows wild in the liCvant and in Southern Europe. Sibthorp found it - in the fields of Greece and on the mountains around Athens. The flower of the C. satveus is of a violet Colour, and appears in autumn ; hence the epithet autumnalis. The best Saffron came from Corycus in Cilicia and from Mount Tmolus in Lydia. The Lycian Olympus and the island of Sicily also pro- duced a very good sort. Saffron was much used '1. (HierM., S2, 4, 12.)— 2. (Athen., ii., 90.— Adams, Append., g. V ) — 3. (Wilkinson's Egyptians, vol. v., p. 229. — Juv., Sat., iviii., 36.)— '4. (Wilkinson, 1. c.)— 5. (Griffith's Cuvier, vol. ii., p. 190 >— i). (Aristot., H. A., ii., 1.— Diosnor., M. M., ii., 7 1.— Adams, Append., s. t.) — 7. (Dioscor., iii , 10. — Galeu De Simp] , vii — Adams, Append., s. V.) "22 by the Romans as a condiment in various articlea of food, as it still is by many Oriental nations. It was also put into wine. Saffron, diluted in water or wine, was sprinkled as a perfume in the theatre and other places, and also on the funeral pile. It was also made into an unguent {Crocinum unguent- urn). Eaffron-coloured garments were also much in vogue. - CROCO'TA (sc. veshs : upoKardv, so. ifiaTiau, or KpoKUToc, SC. ;i;iT(Ji') was a kind of gala-dress, chiefly worn by women on solemn occasions, and in Greece especially at the festival of the Dionysia." It was also worn by the priests of Cybele," and sometimes by men of effeminate character.* It is evident, from the passage of Virgil, that its name was de- rived from crocus, one of the favourite colours of the Greek ladies, as we still see in the pictures dis- covered at Herculaneum and Pompeii. The cir- cumstance that dresses of this colour were in Latin commonly called vestes crocatse or cioceffi, has in- duced some writers on antiquities to suppose that crocota was derived from KpoKij (woof or weft) or upoKig (a flake of wool or cotton on the surface of the cloth), so that it would be a soft and woolly kind of dress.' But the passages above referredto are suflicient to refute this opinion, and the name crocota was, like many others, adopted by the Ro. mans from the Greeks." *CROCOTTAS (/cpoKorraf), an animal mention- ed by the ancient writers, and said to be produced from the wolf and dog, but to be much more fero^ Clous than either of these animals, Such, at least, is the account of Artemidorus,' Diodorus Siculus,' and Agatharchides.' But the coupling of the wolf and dog, though easy, and often effected in mena- geries at the present day, produces no durable spe- cies. It is more probable, therefore, that the Cro- cottas answers to the Hyena, since the latter hat very strong teeth, and breaks bones with the great- est ease, as the Crocottas is said to have done. The earliest passage respecting the Crocottas is found in Ctesias, and the description there given is almost the same with that by which the Oriental writers dcscribs th6 HvBns ^^ *CROM'YON or CROMMTTON (Kpo/iyov, Kpo'ji- jivov), the Allium cepa, or Garlic. (Vid. Allium.) CRO'NIA (apovia), a festival celebrated at Athens in honour of Cronos, whose worship was said' to have been introduced into Attica by Cecrops. He had a temple in common with Rhea." The festival was held on the twelfth of the month of Hecatomi baeon," which, at an early period of the history of Attica, bore the name ot/iT/v Kpavioc" The Rhodians also celebrated a festival in honour of Cronos, perhaps the Phoenician Moloch, to whom human sacrifices, generally consisting of criminals, were offered. This festival was held on the six- teenth of Metageitnion." Greek writers, when speaking of the Rom&ft Satr urnalia, apply to them the name Kpoj^ia." CRO'TALUM, a kind of Cymbal, erroneously sup posed by Scaliger and Brodaus to be the same witt' the sistrum. The mistakes of learned men on this 1. (Theophrast., II. P., vi., 8.— Dioscor., i., 25.— Billcrbeck, Flora Classioa, p. 11.— Spanheim ad CaJlim., p. 79 : " de Cloco, et luiu circa earn."— Ovid, A- A., i., 104.— Propert., iv., J, W —Id., iii., 8, 22, &&)- 2. (Aristoph., Ran., 56, with the schol — Lysistr., 44.— Pollux, iv., ID, 117.)— 3. (Apul., Met., 8 and II — Virg., jEn.j.ix., 614.)— 4. (Aristoph., Thcsm., 283.- Suid., f. v.— Plant. and.NiEV., ap. Nonium, xiv., 8, and xvi., , 4.^Cie.» Harusp. Resp., 21.)— 5. (Salmas. ad Capitolin., Pertioac., 8, t 1, p. 547, and ad Tertull., De Pall., p. 329.)— 6. (Compare Bee ker's Charikles, ii., p. 351, , 9S » ' 325 CULPA. cups OT vessels,' but was generally restricted to small drlnking-cups used at symposia and on simi- lar occasions (tjv vjily oi naldes ftiKpaiQ kHi^i nvKva ImipaKa^aaw"). Tlie KiiAif is frequently seen in paintings on ancient vases which represent drinking scenes, and when empty, is usually held upright by one of its handles, as shown in the annexed wood- cut. Athenaeus' informs us that these cups were usu- ally made of earthenware, and that the best kind were manufactured in Attica and Argolis. CULPA. The following woodcut, which is referred tu » several articles, is taken from Millin,' and repre- sents a symposium. Three young and two older men are reclining on a couch {Klivri), with their left arms resting on striped pillows {irpoanet^Xaia n» vTzaynCivm). Before the couch are two tables. Three of the men are holding the k-oTui^ suspended by one of the handles to the fore-finger ; the fourth holds a (^luKn (vid. Phiala ); and the fifth a ^(dJij in one hand and a Iwtov in the other. {Vid. Rutob.) In the middle Komos is beating the tympauum." CULPA. The general notion of damnum, and the nature of dolus malus, are most conveniently explained under this head. Damnum is injury done by one man to the prop- erty of another, and done illegally {injuria, i. e., con- tra jus) ; for this is the meaning of injuria in the actio damni injurise given by the lex AquiUa ;* and injuria, in this sense, must not be confounded with the actio injnriarum.' This damnum, injuria of the lex Aquilia, is done by culpa or by dolus malus ; for damnum done without culpa or dolus malus is casual {casus), and the doer is not punishable. Damnum, in fact, implies injuria ; and, generally, a man is not bound to make good the damage done by him to another man's property, except on the ground of contract, or on the ground of illegal act where there is no contract, that is culpa or dolus. Neither culpa nor dolus can be taken as a genus which shall comprehend the species culpa and do- lus, though some writers have so viewed these terms. Dolus malus is thus defined by Labeo :" "Dolus malus est omnis calliditas, fallacia, machi- natio ad circnmveniendum, fallendum, deoipiendum alterum adhibita." Dolus malus, therefore, has ref- erence to the evil design with which an act is ac- complished to tlie injury of another ; or it may be the evil design with which an act is omitted that ought to be done. The definition of Aquilius, a learned jurist, the friend of Cicero, and his col- league in the prsetorship,' labours under the defect »f the definition of Servius, which is criticised by JLabeo.^ This seems to be the Aquilius who, by {he edict, gave the action of dolus malus in all ca- »es of dolus malus where there was no legislative provision, and there was a justa causa.' It is generally considered that culpa may be ei- ther an act of commission or omission ; and that an act of commission may fall short of dolus, as not coming within the above definition, hut it may ap- Itfoach very near to dolus, and so become culpa dolo proxima. But the characteristic of culpa is omission. It is true that the damnum, which is 1. (Herod., iv., 70.)— 2. (Xen., Sympo!., ii., 26.)— 9. (li., p. 480.)— 4. (Gaius, iii., 810.— Dig. 9, tit. B, s. 5.)— 5. (Gaius, iii., 220,)— 8. (Dig. 4, tit. 3, a. 1.)— 7. (Off., iii., 14.)— 8. (Dig. 4, tit. '^i 1.)— 9. (Cic, De Nat. Door., iii., 30.) 326 necessary to constitute the culpa, is tht consequence of some act ; but the act derives its culpose char- acter from an act omitted ; otherwise it might be casus, or casual damage. Culpa, then, being characterized by an act of omission {negligentia), or omissio diligentise, the question always is, how far is the person charged with culpa bound to look after the interest of anoth- er, or to use diligentia. There is no such general obligation, but there is such obligation in particular cases. Culpa is divided into lata, levis, and levis- sima. Lata culpa " est nimia negligenlia, id est, non intelligere quod omnes intelligunt.'" If, then, one man injured the property of another by gross carelessness, he was always bound to make good the damage (damnum prasstare). Such culpa was not dolus, because there was not intention or de- sign, but it was as bad in its consequences to the person charged with it. Levis culpa is negligence of a smaller degree, and the responsibility in such case arises from contract. He who is answerable for levis culpa, is answerable for injury caused to the property of another by some omission, which a careful person could or might have prevented. For instance, in the case of a thing lent {vid. Commodatum), a man must take at least as much care of it as a careful man does of his own property. There is never any cul- pa if the person charged with it has done all that the most careful person could do to prevent loss ol damage. Levissima culpa came within the mean- ing of the term culpa in the lex Aquilia; that is, any injury that happened to one man's property through the conduct of another, for want of such care as the most careful person would take, was a culpa, and therefore punishable. The word culpa occurs very frequently in the Lat- in writers in a great variety of meanings ; but the characteristic of such meanings is " carelessness or "neglect." Hence may be exflained the pas- sage of Horace,* " Post hoc ludus erat culpa potare magistra ;" which means to have no magister at all, or, as tht 1. (Peintures de Vases Antiques, vol. ii., pi. 58.)— 2., (BeckeJ( Charikles, vol. i., p. 505 ; vol. ii., p. 499. )— 3. (Dig. 40, t* » s. 213.)— 4. fSat., II., ii., 123.) CULTRARIUS. CUITIESSUS. scholiast explains it, "libere potare." The absurd- ity of the explanation grafted on this scholium, is only equalled by the absurdity of Bentley's emen- dation of cu/pa for culpa. CULTER (probably from cello, perielio; dim. cwZ- teltus, Engl, coulter ; in southern Germany, das /col- ter ; French, couteau ; Greek, /idxaipa, nomg, or a^ayk), a knife with only one edge, which formed a straight line. The blade was pointed and its back curved. It was used for a variety of purposes, but chiefly for killing animals, either in the slaugh- ter-house, or in huntings or at the altiirs of the gods.' Hence the expressions lovem ad cultrum emere, "to buy an ox for the purpose of slaughteriiig it ;'" me suh cultro linquit, " he leaves me in a state like that of a victim dragged to the altar ;"' se ad cul- trum loeare, " to become a bestiarius."* Frctoi some of the passages above referred to, it would appear that the culter was carrie'd in a kind of sheath. The priest who conducted a sacrifice never killed the victim himself; but one of his ministri, ap- pointed for that purpose, who was called either by the general name minister, or the more specific popa or cidtrarius.^ A tombstone of a cultrarius is still extant, and upon it 'wo cultri are represented,' which are copied in tne annexed woodcut. v= 5r Q.'riHVI!.TI.0.1i MENOlAJSrl CVITBAKI. OSSA HEIC .SITA . SVNT The name culter was also applied to razors' and kitchen-knives.' That in these cases the culter was different from those above represented, and most probably smaller, is certain; since, whenever it was used for shaving or domestic purposes, it was always distinguished from the common culter by some epithet, as culter. tonsorius, culter coquina- ris. Fruit-knives were also called cultri ; but they were of a smaller kind ((niltelli), and made of bone or ivory.' Columella, who" gives a very minute description of a falx vinitoria, a. knife for pruning vines, says that the part of the blade nearest to the handle was called culter on account of its similari- ty to an ordinary culter, the edge of that part form- ing a straight line. This culter, according to him, was to be used when a branch was to be cut off which required a hard pressure of the hand on the knife. The name culter, which was also applied to the sharp and pointed iron of the plough*" is still extant in EngUsh, in the form coulter, to designate the same thing. ( Vid. Aratkum.) The expression in cultrum or in cultro collocatus" signifies placed in a perpendicular position. GULTRA'RIUS. [Vid. Cultee.) i. ut any special grounds or reasons {non reddilis ctinsis), were re/ quired to have curatores. The following is the result of Savigny's investi- gations into the curatela of minors after the consti- tution of M. Aurelius. The subject is one of con- siderable difficulty, but it is treated with the most consummate skill, the result of complete knowledge and unrivalled critical sagacity. The minor only received a general curator when he made application to the praetor for that purpose : he had the right of proposing a person as curator, but the praetor might reject the person proposed. The curator, on being appointed, had, without the concurrence of the mi- nor, as complete power over the minor's property as the tutor had up to the age of puberty. He could sue in respect of the minor's property, get in debts, and dispose of property like a tutor. But it was only the property which the praetor intrusted to him that he managed, and not the acquisitions of ths minor subsequent to his appointment ; and herein he differed from a tutor, who had the care of all the 1. (Big. 4, tit. 4. — De Minoiibus xxv. .Annis.;— 3. (81. 4* ton, c. 10.)— 3. (Plant., Pseudolua, i., 3, BO.) CURATOR. CURATORES. property of the pupillus. If it was intended that the curator should have the care of that which the minor acquired after the curator's appointment, by will or otherwise, a special application for this pur- pose was necessary. Thus, as to the property which was placed under the care of the curator, both as regards alienation and the getting in of debts, the minor was on the same footing as the prodigus : his acts in relation to such matters, with- out the curator, were void. But the legal capacity of the minor to contract debts was not affected by the appointment of a curator, and he might be sued on his contract either during his minority or after. Nor was there any inconsistency in this : the minor could not spend his actual property by virtue of the power of the curator, and the preservation of his property during minority was the object of the cu- rator's appointment. But the minor would have been deprived of all legal capacity for doing any act if he could not have become liable on his ".ontract. The contract was not in its nature immediately in- jurious, and when the time came for enforcing it against the minor, he had the general protection of the restitutio. If the minor wished to be adrogated {vid. Adoptio), it was necessary to have the consent of the curator. It is not stated in the extant au- thorities what was the form of proceeding when it was necessary to dispose of any property of the mi- nor by the mancipatio or in jure cessio ; but it may be safely assumed that the minor acted (for he alone could act on such an occasion) and the curator gave his consent, which, in the case supposed, would be analogous to the auctoritas of the tutor. But it would differ from the auctoritas in not being, like the auctoritas, necessary to the completion of the legal act, but merely necessary to remove all legal objections to it when completed. The cura of spendthrifts and persons of unsound mind, as already observed, owed its origin to the laws of the Twelve Tables. The technical word for a person of unsound mind in the Twelve Tables ihf-J,riosus, which is equivalent to demens ; and both v.ords are distinguished from insanus. Though /«- tor implies violence in conduct, and dementia only mental imbecility, there was no legal difference be- tween the two terms, so far as concerned the cura. Insania is merely wealcness of understanding {stul- titia conslantia, id est, sanitate vacans^), and it was not provided for by the laws of the Twelve Tables. In later times, the pra;tor appointed a curator for all persons whose infirmities required it. This law of the Twelve Tables did not apply to a pupillus orpu- pilla. If, therefore, a pupillus was of unsound mind, the tutor was his curator. If an agnatus was the curator of a furiosus, he had the power of alienating the property of the furiosus." The prodigus only received a curator upon application being made to a jnagistratus, and a sentence of interdiction being pronounced against him (,ci bonis interdictum est'). The form of the interdictio was thus : " Quando tibi bona paterna avitaque nequitia tua disperdis, liber- osque tuos ad egestatem perducis, ob earn rem tibi ea re cpmmercioque interdico." The cura of the prodigus continued till the interdict was dissolved. It might be inferred from the form of the interdict, that it was limited to the case of persons who had children; but perhaps this was not so. It will appear from what has been said, that, whatever similarity there may be between a tutor and a curator, an essential distinction lies in this, that the curator was specially the guardian of prop- erty, tl'.ough in the case of a furiosus he must also have been the guardian of the person. A curator must, of course, be legally qualified for his functions. 1. (Cic, Tuac. Quffist., iii., 5.)— 2. (Gaius, ii., 64,)— 3. (Com- pal s Cic, Dn Senec, c. 7.) Tt and he was hound, when appointed, to aceept the duty, unless he had some legal exemption (excusa- tio"). The curator was also bound to account at the end of the curatela, and was liable to an action for misconduct. The word cura has also other legal applications : 1. Cura bonmum, in the case of the goods of a debt- or, which are secured for the benefit of his creditors. 3. Cura bonorum et ventris, in the case of a ■" oman being pregnant at the death of her husband. 3. Cu- ra hereditatis, in case of a dispute as to who is the heres of a person, when his supposed child is under age. 4. Cura hereditatis jacentis, in the case of a property, when the heres had not yet declared whether or not he would accept the inheritance. 5. Cura bonwum absentis, in the case of property of an absent person who had appointed no manager of it. This view of the curatela of minors is from an essay by Savigny, who has handled the whole mat- ter in a way equally admirable, both for the scien- tific precision of the method, and the force and per- spicuity of the language.' CURATO'RES were public officers of various kinds under the Roman Empire, several of whom were first established by Augustus.' The most im- portant of them were as follow : I. Chratores Alvei et Riparum, who had the charge of the navigation of the Tiber. The duties of their office may be gathered from Ulpian.' It was reckoned very honourable, and the persons who filled it received afterward the title of comites. II. Chratores AnnoNjE, who purchased corn and oil for the state, and sold it again at a small price among the poorer citizens. They were also called curatores emendi fruinenti et old, and airCivaz and i?i,ai€>vat.* Their office belonged to the persona- lia munera ; that is, it did not require any expendi-,. ture of a person's private property ; but the curatores received from the state a sufficient sum of money to purchase the required amount.' III. Chratores Acjuakhm. (Vid. Aquje Duotvs, p. 75.) IV. Coratores Kalendarii, who had the care in municipal towns of the kalendaria, that is, the books which contained the names of the persons to whom public money, which was not wanted for the ordinary expenses of the town, was lent on interest. The office belonged to the personalia munera.' These officers are mentioned in inscriptions found in municipal towns.' V. Curatores Lddorum, who had the care of the public games. Persons of rank appear to have been usually appointed to this office.' In inscrip- tions, they are usually called curatores muneris gla- diatorii, &c. VI. Curatores Operum Poblicordsi, who had the care of all public buildings, such as the theatres, baths, aquaeducts, &o., and agreed with the con- tractors for all necessary repairs to them. Theii duties, under the Republic, were discharged by the aediles and censors. { Vid. Censores, p. 229.) They are frequently mentioned in inscriptions." VII. Curatores Reoionum, who had the care of the fourteen districts into which Rome was divided 1. (Von dem Schutz der Minderjfthrigwn, Zeitschrift., x. — Sa- vigny, Vom Beruf, &c., p. 102.— Guius, i., 197.— Ulp., Frag , xji.— Dirksen, Uebevsicht, &c.. Tab. v., Frag. 7. — Mackeldey, Lehfbuch des heutigen RSmisclien Rechts.— Thibaut, System des Pandekten-Reclits. — MarezoU, Lehrbncli, &c. — A reference to tliese autliorities will enable the reader to cai-ry his investiga- tions farther, and to supply what is purposely omitted in the above sketch.)— 2. (Suet., Oc v., 37.)— 3. (Big. 43, tit. 15.)— 4. (Dig. 50, tit. 5, s. 18, l> 5.1— t (Dig. 50, tit. 8, s. 9, 1) 5.)— fc (Dig. 50, tit. 4, s. 18, 4 2; tit. 8, s. 9, t 7.— Heinecc.. AnUi.: Rqm., iii., 15, 4.)— 7. (Orelli, Inscrip., No 3')4{',4491.). .|», (T» cit„ Ann., xi., 35 ; xiii., 82.— Suet,. Ra) ■ 27 J— 9. (Otelli, Ui scrip., Np. 24, 1506, 2273.) 3«8 curiae;. KYRIOS. under the emperors, and whose duty it was to pre- vent all disorder and extortion in their respective districts. This office was first instituted by Augus- tus.' There were usually two officers of this kind for each district ; Alexander Severus, however, appears to have appointed only one for each ; but these were persons of consular rank, who were to have jurisdiction in conjunction with the praefectus urbi.' We are told that Marcus Antoninus, among other regulations, gave special directions that the curatores regionum should either punish, or bring before the praefectus urbi for puiiishment, all per- sons who exacted from the inhabitants more than the legal taxes.' VIII. Ghkatobes Reipublio^, also called Lo- GisT^, who administered the landed property of municipia.* Ulpian wrote a separate work, De Of- ficio Curatoris lieipuhlica. IX. CUKATOEES VlAEOM. {Vid. YlJE.) KYRBEIS {KvpBeii). (Vid. Axones.) CU'RIA. (Vid. CuRi^.) CU'RI.iE. The accounts which have come down to us of the early ages of Rome, represent the burghers or proper citizens (the populus of the An- nals) to have been originally divided into three tribes, the Ramnes, Titienses, and Luceres.' {Vid. Tribus.) Each of these tribes was composed of a union of ten curiae {(pparpiai) or wards, so that the whole number of the latter was thirty. Again, each of these thirty curiae was formed of gentes or hOt 3es, the families constituting which were not of necessity related ; just as at Athens the yttivijTai or members of a yevot;, also called A/ioydXaKTEg, were no way akin, but bore this name solely in con- sequence of their union." Dionysius' farther in- forms us that Romulus divided the curias into de- cads, i. e., decads of gentes or houses, at the head of which were officers called decurions : each of the three tribes, therefore, was originally composed of one hundred gentes (vid. Gens) ; and as in the old legion the three centuries of horse corresponded lo the three tribes, so did the thirty centuries of foot represent the same number of curiae. We need not, however, infer from this that the number of soldiers in each century was always a hundred." The curiae whose names have come down to us sre only seven : the Forensis, Rapta, Faucia or Saucia, Tatiensis, Tifata, Veliensis, and Velita. According to Livy,» these names were derived from the Sabine women carried off during the consualia; according to Varro," from their leaders (avdpec: rjye- fiovsi), by which he may mean Heroes Eponymi ;" others, again, connect them with the neighbouring places." The poetical story of the rape of the Sa- bisie women probably indicates, that at one time no conmibium, or right of intermarriage, existed between the Romans and the Sabines till the former extorted it by force of arms. A more intimate union would, of course, be the consequence. Each of these thirty curiae had a president (curio), who performed the sacred rights, a participation in which served as a bond of union among the mem- bers." The curiones themselves, forming a college of thirty priests, were presided over by the curio maxirrms. Moreover, each of these corporations had its common hall, also called curia, in which the citizens met for religious and other purposes." But, besides the lalls of the old corporations, there were also other curiae at Rome used for a variety of pur- poses : thus we read of the Curia Saliorwm, on the J. (Suet., Octav., 30.)— 2. (Lamprid., Ale*. Sot., 33.) — 3. (Jul. Capitol., M. Anton., 12.)— 4. (Dig. SO, tit. 8, b. 9, « 2 ; 2, tit. 14, s. 37.)— 5. (Liv., !t., W— 6. (Niebuhr, Hrst. Eom., i., 311, transl.)— 7. Hi., 7.^8. (Varrb, De Liiig. Lat., lilj.iv.— Ar- nold, Hist, Rom., vol. i., p 25.)— 9. (i., 13.)— 10. (Dionys., ii., 47.) — 11. (Niebuhr, Hist. Rom., i., 313, transl.) — 12. (Plut., Rom.)— l.?. (Dionys., ii., 7, 64.)— 14. (Dionys., ii., 23.) 330 Palatine ;'■ of the Curia Calabra, on the Capitoline said to have been so called from calare, because the pontifex minor there proclaimed to the people the number of days between the kalends and the nones of each month." But the most important of all was the curia in which the senate generally met ; some- times simply called curia, sometimes distinguisheil by the epithet Hostilia, as it was said to have been built by Tullus Hostilius. This, however, was d*. stroyed by fire, and in its place Augustus erected another, to which he gave the name of Curia Julia, though it was still occasionally called the Curia Hostilia.' The reader of Niebuhr will be aware that the curiae (we are now speaking of the corporatimis) were formed of the original burghers of the three patrician tribes, whose general assembly was the comitia curiata, and whose representatives original- ly formed the smaller assembly or senate. They were, in fact, esseiitially exclusive bodies, in whose hands were the whole government and property of the state ; for the plebs which grew up aroond them, formed as it was of various elements, bat not in- cluded in the curiae, had for a long time no share in the government of the state or its property. Ou'r own country, before the alteration in the laws- rela- ting to the franchise and municipal government, ex- hibited a parallel to this state of things. The free- men in many instances enjoyed the franchise^ and possessed the property of their respective boroughs, though their unprivileged fellow-citizens often ex- ceeded them both in numbers and influence. But il is the nature of all exclusive corporations to decline in power and everything else : and so it was at Rome ; for in the later ages of the Republic, the curiae and their comitia were little more than a name and a form. The ablatio curia, under the em- perors, seems to show that to belong to a curia was then no longer an honour or an advantage, but a burden.* In later ages, curia signified the senate of a colo- ny in opposition to the senatus of Rome. (Vii. CoLONiA, p. S83.) Respecting the etymology of the word, see Comitia, p. 295. CURIA'Ta COMI'TIA. (Vid. Comitia.) CURIO. (Vid. CvRiM.) KYR'IOS \ttvpinQ) signifies generally the person that was responsible for the welfare of such mem- bers of a family as the law presumes to be incapa- ble of protecting themselves ; as, for instance, mi- nors and slaves, and women of all ages. Fathers, therefore, and guardians, husbands, the nearest male relatives of women, and masters of families, would all bear this title in respect of the vicarious func- tions exercised by them in behalf of the respective objects of their care. The qualifications of all these, in respect of which they can be combined in one class, designated by the term /ciiptoj-, were the male sex, years of discretion, freedom, and, when citizens, a sufficient share of the franchise (^mn/iia) to enable them to appear in the law-courts as plain- tiffs or defendants in behalf of their several char- ges ; in the case of the Kvpioc being a resident alien, the deficiency of franchise would be supplied by his Athenian patron (TrpoaTdrni). The duties t'd be performed, and, in default of their performaiwe, the penalties incurred by guardians, and the pin- ceedings as to their appointment, are mentioned un- der their more usual title. (Fi(i. Epitropoi.) The business of those who were more especially designated xvpioi in the Attic laws was, to protect the interests of women, whether spinsters or wid- ows, or persons separated from their husbands. If a citizen died intestate, leaving an orphan daughter, I. (Cic. De Div.. i., 11.)— 2. (FaccioL, b. v.)— 3. (Cramert Italy, vol. i., p. 402.)— 4. (Heinecc, x., 24.) CURRUS. CURRUS. Ihe son, or the father, of the deceased was bound to supply her with a sufficient dowry, and give her in marriage ; and take care, hotli for his own sake and that of his ward, that the husband made a prop- er settlement in return for what his bride brought him in the way of dower {aTrori/iii/ia, Harpocr.)- In (he event of the death of the husband or of a di- vorce, it became the duty of the Kvpios that had be- trothed her to receive her back and recover the dowry, or, at all events, alimony from the husband or his representatives. If the father of the woman had died intestate, without leaving such relations as above mentioned surviving, these duties devolved upon the next of kin, who had also the option of marrying her himself, and taking her fortune with her, whether it were great or small.' If the fortune were small, and he were unwilling to marry her, he was obliged to make up its deficiencies accord- ing to a regulation of Solon ;' if it were large, he might, it appears, sometimes even take her away ^om a husband to whom she had been married in lite lifetime and with the consent of her father. There were various laws for the protection of fe- male orphans against the neglect or cruelty of their kinsmen ; as one of Solon's,' whereby they could compel their kinsmen to endow or marry them ; and another, which, after their marriage, enabled any Athenian to bring an action Kaaoaeuf, to protect them against the crnelty of their husbands ;* and the archon was specially intrusted with power to inter- fere in their behalf upon all occasions.' (Vid. Ca- cosis.) *CURMA, CURMI, CORMA, and CURMON, a species of Ale mentioned by Sulpicius and Dioscor- ides. {Vid. Cbrevisia.) CXJRSO'RES were slaves, whose duty it was to mn before the carriage of their masters, for the same purpose as our outriders. They were not used during the times of the Repubhc, but appear to have first come into fashion in the middle of the first century of the Christian sera. The slaves em- ployed for this purpose appear to have frequent- ly been Numidians.' The word cursores was also applied to all slaves whom their masters employed in carrying letters, messages, (fee' CURSUS. (Vid. CiKcos, p. 256.) »CURU'CA or CURRU'CA, a bird mentioned by Aristotle under the name of iTro/liii'f .' Gaza trans- lates this Greek term by Curuca. Gesner inclines to the opinion that it is the Titlark, or Anlhus pra- tensis, Bechstein. CURU'LIS SELLA. (Vid. Sella Curolis.) CURRUS, dim. CURRI'CULUM (ap/itt), a Char- iot, a Car. These terms appear to have denoted ^hose two-wheeled vehicles for the carriage of per- sons which were open overhead, thus difl^ering from the carpentitm, and closed in front, in which they differed from the cisium. One of the most essen- tial articles in the construction of the currus was the uvTwf, or rim ; and it is accordingly seen in all the chariots which are represented either in this ar- ticle, or at p. 66, 209, 253. ( Vid. Antyx.) Another indispensable part was the axle, made of oak (vp.6(, lemr). It was firmly fixed at its lower extremity to the axle, whence the destruction of Phaethon's chariot is represented 1. (Horn., n., xxiii., 335, 436.— Hc.ii id, Scut., 300.)— 2. (lo. Tzetzes m Hea., Scat., 309.) — 3. (Pin., H. N., xv., 8.)— 4. (Tim., Lex. Plat.)— 5. (Pterecydes, ap. Sohol. in ApoU. Rhod., i., 752.)— 6. (Pompeiana, Lend., 1819, p. 133.)— 7. (Horn., n., v., 722.)— 8. (Horn., II., v., 726; xxiii, 339. — Hesiod, Scut., 309.— Sohol. in loc.)— 9. (Plin., H. N., ix., 3.)— 10. (Pollux, Onom.). -11. (n., v., 723.) — 12. (Ovid, Met., ii., 108.)— 13. (Horn., li., v., 724.)— 14. (II., iv., 482-^86.)— 15. (11., xxi., 37, 38, compared with Theocrit., xxv., 247-251.)— 16. (Hesiod, Op. it r)ies, 426.)- 17. (1. c.)— 18. (II., v., 725.)— 19. (Met., ii., 107.) — 20. (Hesvchius.— Ouintil.. Inst. Or , i., 5, p. 89, ed. Spaliinff.l 33" CURRUS. CURRUS. !)y the circumstance of the pole and axle being torn ■>Annder {tenume revulsus axis^). At the other end \i,Kpof>j>vfiuyv) the pole was attached to the yoke, either by a pin (l/ifoXof), as shown in the chariot above engraved, or by the use of ropes and bands. {Vid. JuGUM.) Carriages with two, or even three poles were used by ti.e Lyiiidrj." The Greeks and Romans, on the other hand, appear never to have used more than one pole and one yoke, and the currus thus constructed was commonly drawn by two horses, which were attached to it by their necks, and there- fore called (Si^vyeg Zttttoi," avvopi;,* "gemini ju- gales,"' "equi bijuges."" If a third horse was added, as was not unfre- quently the case, it was fastened by traces. It may have been intended to take the place of either of the yoke horses {(i-yioi linrot) which might happen to be disabled. The horse so attached was called irop^ofjof. When Patroclus returned to battle in the chariot of Achilles, two immortal horses, Xan- thus and Balius, were placed under the yoke ; a third, called Pedasus, and mortal, was added on the right hand ; and, having been slain, caused confu- sion, until the driver cut the harness by which this third horse was fastened to the chariot.' Ginzrot* has published two drawings of chariots with three horses from Etruscan vases in the collection at Vi- enna. The Zn-TTOf napiiopog is placed on the right of the two yoke horses. (See woodcut at top of next column.) We also observe traces passing be- tween the two uvTvyec, and proceeding from tht front ot the chariot on each side of the middle horse. These probably assisted in attaching the third or ex< tra horse. The Latin name for a chariot and pair was Uga. {Vid. BioA.) When a third horse was added, it was called triga ; and, by the same analogy, a char- iot and four was called quadriga ; in Greek, Terpo- Opia or TiffptTTTTO^. The horses were commonly harnessed in a quad- riga after the manner already represented, the two strongest horses being placed under the yoke, and the two others fastened on each side by means of ropes. This is implied in the use of the epithets aeipalo; or aeipaij}6poc, and funalis or funarius, for a horse so attached.' The two exterior horses were farther distinguished from one another as the right and the left trace-horse. In a chariot-race descri- bed by Sophocles,' the driver, aiming to pass the goal, which is on his left hand, restrains the nearest horse, and gives the reins to that which was far- thest from it, viz., the horse in traces on the right hand (deftdv 6' uvcif aeipalov Ixttov). In the splen- did triumph of Augustus after the battle of Actiutn, the trace-horses of^his car were ridden by two of his young relations. Tiberius rode, as Suetoniui relates, " sinisteriore funali equo," and Mar<.ellas " dexteriore funali equo." As the works of ai.cient art, especially fictile vases, abound in representa- tions of quadrigs, numerous instances may be ob- served in 'fi'hich the two middle horses (li /iiaoi (5ef(6f Kal 6 /UEcof aptoTEpof') are yoked together aS; in a biga ; and, as the two lateral ones have collars, Q.s'iradva) equally with the yoke-horses, we may presume that from the top of these proceedejl -the ropes which were tied to the rim of the car, and by which the trace-horses assisted to draw it. The first figure in the annexed woodcut is the chariot of Aurora, as painted on a vase found at Canosa.' The reins of the two middle horses pass through rings at the extremities of the yoke. All the par- ticulars which have been mentioned are still more distinctly seen in the second figure, taken from a Seria-cotta at Vienna.' It represents a chariot 1. (Ovid, Me'-, ii., 316.)— 2. (jEschyl., Pere., 47.)— 3. (Horn., II., v., 195 ; X., 4r3.)-4. (Xen., Hell., i., 2. I, l.)-5. (Virj., .fin., vii., 280.)— 6. (Georg., iii., 91.)— 7. (Horn., 11., xvi., 148- 164, 467-474.)— 8. (WSgen und Fahrweike, vol i , p. 34S.)— 9. 'Ginzrot, v. ii., p 107, 108.1 3R2 overthrown in passing the goal at the circus.. The charioteer having fallen backward, the polo and yoke are thrown upward into the air; the two trace-horses have fallen on their knees, and the two yoke-horses arc prancing on their hind legs. If we may rely on the evidence of numeroui 1. (Isid., Orig.,Tviii.,35.)— 2. (Electra, 690-738.)— 3. (Schol in Aristoph., Nab., 122,)— 4. (Gerhard, fiber Lichtg(iltli«ittn,jJ; iii., fig. 1 1 '- CURRUS. OURRUS. works of art, the currus was sometimes drawn by four horses without either yoke or pole ; for we see two of them diverging to the right hand and two to the left, as in the beautiful cameo on p. 334, 1st col., which exhibits Apollo surrounded by the signs of the zodiac. If the ancients really drove the quadriga thus harnessed, we can only suppose the charioteer to have checked its speed by pulling up the horses, and leaning with his whole body backward, so as to make the bottom of the car at its hindermost bor- der scrape the ground, an act and an attitude which seem not unfrequently to be intended in antique representations. The currus, like the cisium, was adapted to carry two persons, and on this account was called in Greek S'ujipog. One of the two was, of course, the driver. He was called iivtoxog, because he held the reins, and his companion TrapaiSdrtic, from going by his side or near him. Though in all respects supe- rior, the wapaidaTi^g was often obliged to place him- self behind the fivloxoq. He is so represented in the biga at p. 66, and in the Iliad* Achilles himself stands behind his charioteer Automedon. On the other hand, a personage of the highest rank may drive his own carriage, and then an inferior may be his ira- paiSdnjc, as when Nestor conveys Machaon (Trap' Se Maxdav fSatve'), and Juno, holding the reins and whip, conveys Minerva, who is in full armour.' In such cases a kindness, or even a compliment, was conferred by the driver upon him whom he convey- ed, as when Dionysius, tyrant of Sicily, " himself holding the reins, made Plato his irapaiBdTri^,"* In the contest which has been already referred to, and which was so celebrated in Greek mythology, CEno- maus intrusts the reins to the unfaithful Myrtilus, and assumes the place of his Tcapaddrrig, while Pe- lops himself drives with Hippodamia as his jrapai- Mnf, thus honouring her in return for the service she had bestowed.' The Persepolitan sculptuies, and the innumera- ble paintings discovered in Egyptian tombs, concur with the historical writings of the Old Testament, and with the testimony of other ancient authors, in showing how commonly chariots were employed on the field of battle by the Egyptians, the Persians, and other Asiatic nations. The Greek poetry of the heroic ages proves with equal certainty the ear- ly prevalence of the same custom in Greece. The dpLOT^sq, i. e., the nobility, or men of rank, who wore complete suits of armour, all took their char- iots with them, and in an engagement placed them- selves in front.' Such were the tn-Trcff, or cavalry of the Homeric period ; the precursors of those who, after some centuries, adopted the less expensive and ostentatious practice of riding on horseback, but who, nevertheless, in consideration of their wealth and station, still maintained their own hor- ses, rather to aid and exhibit themselves individu- ally on the field than to act as members of a com- pact body. In Homer's battles we find that the horseman, who, for the purpose of using his weap- ons, and in consequence of the weight of his ar- mour, is under the necessity of taking the place of ■Kopaitdrrig (see the woodcut of the triga, p. 332), often assails or challenges a distant foe from the cliariot ; but that, when he encounters his adversa- ry in close combat, they both dismount, " springing from their chariots to the ground," and leaving them to the care of the ijvioxoi.'' So likewise Turnus is described by Virgil, "Desiluit Turnus bijugis; pe- des apparat ire Comminus.'" As soon as the hero had finished the trial of his strength with his oppo- 1. Wx., 397.)— 2. (n., id., 512, 517.)— 3. (v., 720-775.)— 4. rJElian, V. 11., -v., 18.)— 5. (ApoUon. Rhod., i., 752-758.)— 8. lYU. p! 94, 97.)— 7. (11., iii., 29 ; xvi., 423, 427 ; lyii., 480-183. •HeBioil, Scut. Here, 370-372.)— 8. (iSn., i., 453.) nent, he returned to his chariot, one of thah>c), a fabulous race, with the heads of dogs, mentioned by Pliny and others as dwelling in the interior of Africa. The Cynocephali of the ancients, however, were in real- ity a species of large baboon, with elongated, dog- Eke head, flat and compressed cheeks, projecting and strong teeth, and a forehead depressed below 1. (MisoeU., sec. 1, art. vi., %. 44.)— 2. (16H64.)— 3. (Pol lui, Onom., X., 33.)— 4. (Pol., viii., 6.)— 5. (s. v.)— «. (a. T.)r 7. (RaniB, 1305.) — 8. (Compare Marlial'a Bstica. Cremate )- 9. I,iaiix.,9.) 335 CYTISUS. D^DALA. the level of the superior margins of the orbits. Not- withstanding this close approximation to the shape ot the dog's head, the form and position of the eyes, combined with the similarity of the arms and hands, gave to these creatures a resemblance to humanity as striking as it is disgusting.' *CYNOGLOSSUM {KvvoyTMoaov or -of), the Hounds'-tongue, or Cynoglossum officinale. Cul- pepper, the English herbalist, says, with respect to the etymology of the word, " it is called Hounds'- tongue because it ties the tongues of dogs ; wheth- er true or not, I have never tried."" II. The name of a fish mentioned by Athenseus. Eondelet supposes it a species of the Bouglossus or Sole.' ♦CYNOCRAMBE {KvvoKpd/i67i), a plant, which Sprengel, in his history of Botany, sets down as the Chenopodium album, or white Goose-foot ; but in his edition of Dioscorides he joins Bauhin in hold- ing it to be the Thelygonum cynocrambe* *CYNOMYIA {KWo/ivZa), the Dog-fly, or Musca canina.^ *CYNORAIS'TES {KwopaiarTJc), the Dog-tick, or Acarus Ricinus, L.' *C YNOR'ODON {itvvSpoSov). " None of the com- mentators," observes Adams, "offer any explana- tion of what it was ; but, as the word signifies the Dog-rose, or Rosa canina, it is probable that it was the same as the KvvnaSaTov."'' *GYNOSBATUM {nvvonSaTov). " The comment- ators are not quite agreed respecting this plant," observes Adams. "Dierbach makes it to be the Rosa ■pomif era ; Sprengel follows Dodonaeus in re- ferring it to the Rosa canina, or Hep-tree ; and Stackhousn at first inclines to this opinion, but af- terward decides in favour of the Rubus Idaus. I am of opinion that it was most probably the Rosa canina."' *CYNOPS {icivaf). Both Sprengel and Stack- house call this plant Plantago Cynops, but the latter hesitates about making it the P. Psyllium, or Flea- Wort.' *CYPE'RUS {Kvneipo; or -ov), the Cyperus ro- tundus, a plant still very common on the Greek islands. It is mentioned by Theocritus as an agree- able plant, and is also noticed by Homer and Ni- cander. According to Dodwell, the roots are taken medicinally for disorders of the stomach. The leaves are used for stringing and bringing the roots o Athens, and for tying the wild figs on the culti- vated tree.'" ♦CYPRUS (/cujrpof), a plant ; according to Pliny, the same with the Ligustrum. Martyn, however, remarks, that Prosper Alpinus found plenty of plants .11 Egypt answering to Dioscorides' description of the Cyprus, but at the same time declared that the Itahan Ligustrum, or Privet, did not grow in Egypt. It has since been settled, according to Adams, that it is a species of Lawsonia, either the inermis or the aUia, Lam." *CYT'ISUS {icvTiaof). " There has been consid- erable diversity of opinion respecting this plant. The point, however, seems at last to have been settled by Martyn and Sprengel in favour of the Medicago arhorea, or Tree Medick." Sibthorp found the M. arborea growing among the rocks around Athens." 1. (Plin., H. N., vi., 30 ; viii., 54 ; Kivii., 9.)— 2. (Dioscor., IT., 128. — Adams, Append., s. v.) — 3. (Athen., vii., p. 321.) — 4. (Dioscor., iv., 192. — Adams, Append., s. v.) — 5. (iEUan, N. A., if., 61.)— 6. (Horn., Od., xvii., 300.— Arislot., H. P., v., 25.)— 7. (Theophrast., H. P., iy., 4.)— 8. (Theophrast., H. P., iii., 18.— Dioscor., i., 123. — ^Adams, Append., s. v.) — 9. (Theophrast., H. P.,Tii., 8.)— 10. (Theophrast., H. P., i., 8; iv., 10.— Dioscor., i., 4.— Adams, Append., s.v.)— 11. (Theophrast., Fr., iv., 25. — Di- oacor., i., 124.— Plin., H. N., ivi., 18.— Martyn ad Virg., Eclog., ii. 18.)— 12. (Theophrast., H. P., i., 6.— Dioscor., iv., 111.) 336 D. DACTYLIOTHECA (SaKTvXiodnnri), a case m box where rings were kept.' The name was alM applied to a cabinet or collection of jewels. We learn from Pliny' that Scaurus, the stepson of Sulla, was the first person at Rome who had a collection of this kind, and that his was' the only one till Pom- pey brought to Rome the collection of Mithradates, which he placed in the Capitol. Julius Cassar, also placed six dactyliothecas in the Temple of VeniB Genetrix.' DACT'YLUS (iaKTvlot). (Vid. Pes). DADU'CHUS (dadovxoc)- {Vid. Eledsinia). DjEDA'LA (AaidaXa), a festival celebrated in Boeotia in hdnour of Hera, surnamed Nvfiijievofisvji or TcAeta.* Its origin and mode of celebration arc thus described by Pausanias :* Hera was once angry with Zeus, and withdrew herself to Eubcea. Zeus not being able to persuade her to return, went to Cithseron, who then governed Plataese, and who was said to be unequalled in wisdom. He advised Zeus to get a wooden statue, to dress and place it upon a chariot, and to say that it was Plataea, the daughter of Asopus, whom he was going to marry.' Zeus followed the advice of Cithseron, and no sooner had Hera heard of her husband's projected marriage than she returned. But when, on approaching the chariot and dragging off the coverings, she saw the wooden statue, she was pleased with the device, and became reconciled to Zeus. In remembrance of this reconciUation, the Platsans solemnized the festival of the daedala, which owes its name to Aoi- (Sa/la, the appellation by which, in ancient times, sta^ ues and other works of ingenious and curious work- manship were designated.' Pausanias was told that the festival was held every seventh year ; but he be- lieves that it took place at shorter intervals, though he was unable to discover the exact time. We have to distinguish between two festivals nf this name : one, which was celebrated by the Pla- taeans alone, was called the lesser Daedala {AaidaXa (UKpu), and was held in the following manner; In the neighbourhood of Alalcomene was the greatest oak-forest of Bceotia, and in it a number of oak- trunks. Into this forest the Plataeans went, and ex- posed pieces of cooked meat to the ravens, atten- tively watching upon which tree any of the birds, after tafiing a piece of the meat, would settle ; and the trees on which any of the ravens settled were cut down and worked into doedala, i. e., roughly- hewn statues. The great Dcedala {Aai6a?i,a jiiydka), in the cele- bration of which the Plataeans were joined by the other Boeotians, took place every sixtieth year ; be- cause at one time, when the Plataeans were absent from their country, the festival had not been cele- brated for a period of sixty years. At each of the lesser Daedala fourteen statues were made in the manner described above, and distributed by lot among the towns of Plataeae, Coronea, Thespise, Tanagra, Chaeronea, Orchomenos, Lebadea, and Thebes ; the smaller towns took one statue in com- mon. The Boeotians assembled on the banks of the Asopus ; here a statue of Hera was adorned and raised on a chariot, and a young bride led the pro- cession. The Boeotians then decided by lot in what order they were to form the procession, and drove their chariots away from the river and up Mount Cithaeron, on the summit of which an altar was erected of square pieces of wood, fitted togethe' like stones. This altar was covered with a quanti- 1. (Mart., %\., 59.)— 2. (H. N., xiivii., 5.)— 3. (Plin., l.e.)- 4. (Paus., ii., 2, 5.)— 5. (Pans., ii., 3, 1, &c.)— 6. (DuuH) li" ic, I. T. AoffoAiic.) UAMNbM DAPHIMJi. ly of dry wooJ, and the towns, persona of rank, and Dtlier wealthy individuals, offered each a heifer to Hera and a bull to Zeus, with plenty of wine and incense, and at the same time placed the dsedala upon the altar. I"or those who did not possess suf- ficient means, it was customary to offer small sheep ; but all their offerings were burned in the same man- ner as those of the wealthier persons. The fire consumed both offerings and altar, and the immense flame thus kindled was seen far and wide. The account of the origin of the dasdala given by Pausanias agrees in the main points with the story related by Plutarch,' who wrote a work on the Pla- taean daedala ; the only difference is, that Plutarch represents Zeus as receiving his ad vice to deceive Hera from Alalcomenes, and that he calls the wooden statue by virhich ihe goddess was to be de- ceived Dsdala instead of Platsea. Plutarch also adds some remarks respecting the meaning of the festival, and thinks that the dispute between Zeus and Hera had reference to the physical revolutions to which Boeotia, at a very remote period, had been subject, and their reconciliation to the restoration of order in the elements.' *DACRYD'ION (6aKpv6iov), a name for Scam- mony, given to it by Alexander of Tralles. (Fid. Scammon:a.)' *DACT'YLI iduKTvloc), the fruit of the Palm- tree The earlier Greek writers called this by the names of (poiviKec, ^olvi-Kog Pakavoi, and (fioiviKoCa- Mvoi. The appellation daKTvXoi occurs first in the works of the medical authors, but came afterward mto general use ; from it the name of the fruit in question is derived in all the modern languages of Europe. Thus they are called dactyles in Spanish, dattili ia Italian, datteln in German, and dates in French and English. (Fid. Piiosnix.)' *DAMAS0'NIU-M: {Safiaauvwv), a plant, the tame, according to Galen, with the ukiana of Dios- oorides. Stephens calls it Plantago aquatica. Cor- dus,, Sprengel, and Sibthorp accordingly acknowl- edge it as the Water Plantain, or Alisma plantago, 'daMNI injuria actio. The Aquilia lex, ni the first chapter, provided that, if a man unlaw- fully (injuria) killed a slave or quadruped {quv?i), the Laurus of the Romans, and our Bay-tree ; not the Laurel, as it is frequent- ly rendered. " Tjan^latqrs, " observes Martyn, " frequently confound, the Laurel and the Bay, as if they were the saipe; tree, and what the Romans called Laurus. , Our Laurel was hardly known in Europe till the.latter end of the sixteenth century, about which time it appears to have been brought from Trebizond to Constantinople, and thence into most parts of Europe. The Laurel has no fine smell, which is a property ascribed to the Laurus by Virgil. Nor is the Laurel remarkable for crack- ling in the fire, of which there is abundant mention with regard to the Laurus. These characters agree very well with the Bay-tree, which seems to be most certainly the Laurus of the ancients, and is at this time frequent in the woods and hedges of Italy. The first discoverers of the Laurus gave il the name of Laurocerasus, because it has a leaf something like a bay and a fruit like a cherry."" I. (Dig. 39, tit. 2.)— 2. (Xen., Rep. Lac, xiii., 1.)— 3. (Xen, Rep. Lao., liii., 7.)— 4. (Pint., Lye, 22.)— 5. (MuUer, DoriaM, iii., 12, 1) 5.)— 0. (s. V.)— 7. (PoUui, Onom., ix., 82, and Hem- sterh. ad loc.)— 8. (Hesych., s. v. — Luoian, De Luctu, c. 10.)— 9. (Stackelberg, Die Grxber der Ilellenen, p. 42.— Becker, Charikles, i;., p. 170.)— 10. (Martyn ad Virg., Georg., i., 306.) 337 DAPHNEPHORIA. DARICUS. Il siion, as Adams remarks, the du(pv^ is the Lau- rus nolnlis, L. The 6d; 'A^e^dvdpeLa of Dios- corides is unquestionably, according to the same authority, the Butcher's Broom, or Alexandrean Laurel, i. e., Ruscus Hypoglossum} DAPHNEPHOR'IA (La'tivq^opia), a festival cel- ebrated every uinth year at Thebes in honour of Apollo, surnamed Ismenius or Galaxius. Its name was derived from the branches of bay {Saipvat) which were carried by those who took part in its celebra- tion. A full account of the festival is given by Proclus." At one time all the jEolians of Arne and the adjacent districts, at the command of an oracle, laid siege to Thebes, which was at the same time attacked by the Pelasgians, and ravaged the neighbouring country. But when the day came on which both parties had to celebrate a festival of Apollo, a truce was concluded, and on ihs day of the festival they went with bay-boughs to the temple of the god. But Polematas, the genera', of the Boeotians, had a vision, in which he sirw a young man vyho presented to him a complete suit of armour, and who made him vow to institute a festival, to be celebrated every ninth year, in hun- our of Apollo, at which tho Thebana, with bay- boughs in their hands, were to go to his temple. When, on the third day after this vision, both par- ties again were engaged in close combat, Polema- tas gained the victory. He now fulfilled his prom- ise, and walked himself to the temple of Apollo in the manner prescribed by the being he had seen in liis vision. And ever since that time, continues Proclus, this custom has been strictly observed. Respecting the mode of celebration, he adds : At the daphnephoria they adorn a piece of olive-wood with garlands of bay and various flowers : on the op of it a brazen globe is placed, from which small- er ones are suspended ; purple garlands, smaller than those at the top, are attached t6 the middle part of the wood, and the lowest part is covered with a crocus-coloured envelope. By the globe on the top they indicate the sun, which is identical with Apollo ; the globe immediately below the first represents the moon ; and the smaller suspending globes are symbols of the stars. The numf.er of garlands being 365, indicates the course of the year. At the head of the procession walked a youth, whose father and mother must be livii?^. This youth was, according to Pausanias,' ciiossa priest of Apollo every year, and called Saipvri.jiipt}^ ■ he was always of a handsome figure and strong, and taken from the most distinguished families of Thebes. Immediately before this youthful priest walked his nearest kinsman, who bore the adorned piece of olive-wood, which wa.« called kutiu. The priest followed, bearing in his hand a bay-branch, with dishevelled and floating hair, wearing a golden crown on his head,a magnificent robe which reach- ed down to his feet (jrodripriq), and a kind of shoes, called '{(ptKpaTideg, from the general, Iphicrates, who had first introduced them. Behind the priest there followed a choir of maidens, with boughs in their hands and singing hymns. In this manner the procession went to the Temple of Apollo Isme- nius or Galaxius. It would seem from Pausanias that all the boys of the town wore laurel garlands on this occasion, and that it was customary for the sons of wealthy parents to dedicate to the god bra- zen tripods, a considerable number of which were seen in the temple by Pausanias himself Among them was one which was said to have been dedica- ted by Amphitryon, at the time when Heracles was daphnephorus. Thi.s last circumstance shows that 1. (DioBcor., ]., 106. — Galen, De Sinipl., vi. — Bauhin's Pinax, MS.— AdaiMs, Append, s. v.)— 2 (Chrestomath., p. 11.)— 3. (U., 10, * 4.) 33R the daphnephoria, whatever changes may have been subsequently introduced, was a very ancient festival There v^as a great similarity between this festi. val and a solemn rite observed by the Delphians, who sent every ninth year a sacred boy to Tempe. This boy went on the sacred road,' and returned home as bay-bearer (Sa(bvrif6po;) amid the joyful songs of choruses of maidens. This solemnity was observed in commemoration of the purification of Apollo at the altar in Tempe, whither he had fled after killing the Python, and was held in the month of Thargelion (probably on the seventh day). It is a very probable conjecture of Miiller,' that the Boeo- tian daphnephoria took place in ^the same month and on the same day on which the Delphian boy broke the purifying bay-boughs in'^Tempe. The Athenians seem likewise to have celebrated a festival of the same nature, but the only mention we have of it is in Proclus,^ who says that the Athenians honoured the seventh day as sacred to Apollo ; that they carried bay-boughs, and adorned the basket (/dincoi', see C.inephouos) with garlands, and sang hymns to the god. Respecting the astro- nomical character of the daphnephoria, see MiiUer, Orchom., p. 220 ; and Creuzer, Syvibol. und MythoL. ii., p. 160. *DAPHNOrDES(t!a0co£t<5£r) according to Spren gel, the Daphne Aipina ; and the ,i;a/ia((!ui^i;)? of Di oscorides, the Ruscus Racemosus* DARE ACTIO'NEM. (Vid. Actio, p. 18.) DARrCUS (dapeiKog), a gold coin of Persia, stamped on one side with the figure of an archer crowned and kneeling upon one knee, and on the other with a sort of quadrata incusa or deep cleft. The origin of this coin is doubtful. We know from Herodotus' that Darius reformed the Persian cur- rency, and stamped gold of the purest standard; whence it has been supposed that the daricus was so called from him. Harpocration, however, says' that the name was older than this Darius, and taken from an earlier king. Gesenius' supposes the name to be derived from an ancient Persian word signifying king, or royal palace, or the bow of the king, in allusion to the figure stamped upon it. This coin had a very extensive circulation, not only in the Persian empire, but also in Greece. The pay given by Cyrus to the soldiersof Clearchus was a daricus a month ;' and the same pay was of- fered to the same troops hy Thimbrion, a Lacedae- monian general." In the later books of the Old Tes- tament, the daricus is supposed to be mentioned under the names of adarkon (p3"!l^^ anddarke- mon (pDS-inY" Harpocration says that, according to some pei- sons, the daricus was worth twenty silver drachmae ; which agrees with the statement of Xenophon," who informs us that 3000 darics were equal to ten tal- ents, which would consequently make the daricus equal to twenty drachms. The value of the dari- cus in our money, computed from the drachma, is 16s. 3d. ; but if reckoned hy comparison with out gold money, it is worth much more. The darics in the British Museum weigh 128-4 grains and 128 C grains respectively. Hussey" calculates the daii- cus as containing on an average about 123'7 giaina 123'7 of pure gold, and therefore equal in value to , .„ of a sovereign, or about U. 1». lOrf. 1-76 farthings. Very few darics have come down to iis ; Iheii 1. (Pint., QuKBt. Gr., 12.)— 2. (Dor., ii.,8, H-)— 3- (ap.Pl'i' tiutn, p. 987.) — 4. (Adams, Append., s. v.)— 5. (iv., 166.)— (s. V.)— 7. (Hetr. Lexicon.)— S. (Xcn., Anab., i., 3, (> 21.)— « (Ibid., vii., 6, 1) I.)— to. (Yid. 1 Chron.,!:xix, 7.— Ejtn.viii ,«i ii., 69.— Nehem , vii., 70, 7?.)— M. (Anali,, i., 7, t 18.i- •' (Am.ient Weigh'S, &(■., v:i., 3 ) DECASMOS DECEMVIRI scarcity may be aecounied for by the fact that, after the conquist of Persia, they were melted down nnd recoined under the type of Alexander. There are also silver coins which go by the name of darics, on account of their bearing the figure of an archer ; but they were never called by this name in ancient times. Aryandes, who was appointed governor of Egypt by Cambyses, is supposed to have heen the first who struck these silver coins, in imitation of the gold coinage of Darius Hystaspis.' 61LVER DARIC. BRITISH MUSEUM. ACTUAL SIZE. ♦DASCILLUS (,SuaKLXX.oc), the name of a fish mentioned by Aristotle. Rondelet and Gesner con- /kss their inability to determine what kind of fish it -was." *DA'SYPUS (Saavirovs), a term sometimes ap- plied to the common Hare, or Lepus timidus, but more particularly to the Lepus cuniculus, the Coney or Rabbit. " The Saphm of the Bible," observes Adams, " has been generally taken for the Coney, but Biblical commentators seem now agreed that It was rather the Ashkoko, an animal first described accurately by the traveller Bruce.'" •DAUCUS (SavKOQ), a plant, three species of which are described by Dioscorides. The first of these is, according to Sprengel, the Athamanta Cre- tensis ; the 3d, the Athamanta cervana ; and the 3d, the Seseli ammoides. Dierbaeh agrees with Spren- gel. Stephens makes the first species to be the " wild Carrot." Galen states that it is the same as the aTofvKvoc. Stackhouse suggests that the Sav- Kov iJa^voatSfCof Theophrastus may be the Thapsia.'' DE'BITOR. (Virf. Nexus.) DECADOUCHOI (6eKa6qvxoi), the members of a council of Ten, who succeeded the Thirty in the supreme power at Athens, B.C. 403.' They were chosen from the ten tribes, one from each i' but, though opposed to the Thirty, sent ambassadors to Sparta to ask for assistance against Thrasybulus and the exiles. They remained masters of Athens till the party of Thrasybulus obtained possession of the city, and the democracy was restored.' DECAR'CIIIA {deicapxia.) or DECADAR'CHIA \taadapxia,), was a supremo council established in many of the Grecian cities by the Lacedaemonians, who intrusted to it the whole government of the state under the direction of a Spartan harmost. It always consisted of the leading members of the ar- istooratical party.' This foi-m of government ap- pears to have been first established by Lysander at Ephesus.' DECASMOS iSexacjiog), Bribery. There were 1. (Herod., iv., 166.)— 2. (Aristotle, H. A.,viii.,4.)— 3. (Ane- lit., H. A., i., 6 ; v., 8. —Harris, Nat. Hist. BiW., li. 91.) —4. .Diosoor., ii)., V6.— Nicand., Ther., 94.— Adams, Append., s. t.) .-5. (HhWat., s.v.)-6. (Xen., Hell, ii., 4 « 23.)-. (Com- pare Lysiis, c. Eratosth., p. 420.-Wach3mut)i, i., 2, P- 266^)- TfiZ^ku S.V. A«<.&wV..-Sclme,dcr ad Anstnt P„I., i., 146, 147 )— 9. (Hut., Lj's., 5 — Wathsniuth. n,. 2, p. 245.) two actions for bribery at Athens : one, called St KOfffiov ypafrj, lay against the person who gave the bribe ; and the other, called Supav or daoodoKiai ■ypaf^ against the person who received it.' 1 liese actions applied to the bribery of citizens in the put lie assemblies of the people {avvSeKa^eiv rrpi htcKlri- aiav"), of the Heliffia or any of the courts of justice, of the pov%Ti, and of the public advocates (amriyo poi'). Demosthenes,* indeed, says that orators were forbidden by the law not merely to abstain from receiving gifts for the injury of the state, but even to receive any present at all. According to Aristotle,' Anytus was the first per- son at Athens who bribe(i the judges ; and we learn from Plutarch' that he did so, when he was charged with having been guilty of treachery at Pylos, at the end of the Peloponnesian war. Other writers say that Melitus was the first person who bribed the judges.' Actions for bribery were under the jurisdiction of the thesmothetae.' ' The punishment on conviction of the defendant was death, or payment of ten times the value of the gift received, to which the court might add an additional punishment (npocri/iTHia). Thus Demosthenes was sentenced to a fine of 50 talents by an action for bribery, and also thrown into prison.' DECATE (Seicdrri). (Vid. Decum^.J DECATE'LOGOI (UnaTn^byoi.). {Vid. Decum^,. DECATEUTAI (deKarevTai). (Vid. Decgm^.) DECATEUTE'RION (deKarevr^ptov). {Vid. De- OUMyE.) DECATO'NAI ((!E/caTu7/aO- i^i^- DEcnM.a;.) DECEMBER. (Vid. Calendar, Roman.) DECE'MPEDA, a pole ten feet long, used by the agrimensores {vid. Ageimbnsores) in measuring land.'" Thus we find that the agrimensores were sometimes called decempedalores {L. Antonius, qui fuerat aquissimus agri privati ct puhlici deccmpeda- lor"). DECE'MVIRI, the name of various magistrates and functionaries at Rome. I. Decemviri Leoibus Sceibendis were ten per- sons who v/ere appointed to draw up a code of laws, and to whom the whole government of the state was intrusted. As early as B.C. 460, a law was proposed by Caius Terentilius Harsa, that commis sioners should be appointed for drawing up a body of laws ; but this was violently opposed by the pa- tricians ;" and it was not till after a struggle of nine years that the patricians consented to send three persons to Greece, to collect such information re- specting the laws and constitutions of the Greek states as might be useful to the Romans.'" Thej were absent a year ; and on their return, after con- siderable dispute between the patricians and plebe- ians, ten commissioners of the patrician order were appointed, with the title of " decemviri legibus scri bendis," to whom the revision of the laws was com- mitted. AH the other magistracies were suspend- ed, and they were intrusted with supreme power in the state." Niebuhr, however, supposes that the tribuneship was not given up till the second decem- virate; but Dionysius expressly says that it was superseded in the first. The decemviri entered upon their office at the beginning of the year 449 B.C. They consisted of Appius Claudius and Titus Genucius, the new con 1. (Pollux, Tiii., 42,)— 2. (.aSsoh., o. Timarch., c. 16, p. 13) —3. (Demoath., o. Stsjih., ii., p. 1137, 1.)— 4. (I)e Falsa Leg., p. 343.)— 5. (apud Harpoorat., s. v. A«ii|cav.) — 6 (Coriol., c. 14.) — ^7. (Petit, Leg. Att., p. 427, and DuKer's noJ9.) — 8. (I)^- mosth., c. Steph., 1. c.) — 9. (Biickh, Publ. Econ. of Athens, e- TOE.) III. Decemviri Saokis Facihndis, sometimes called simply Decemviri Saoeoeum, were the mem- bers of an ecclesiastical collegium, and were elected for life. Their chief duty was to take care of the Sibylline books, and to inspect them on all import taut occasions by command of the senate.* Virgil'' alludes to them in his address to the Sibyl: "Lectos sacrabo viros." Under the kings tlie care of the Sibylline books was committed to two men (duumviri) of high rank," one of whom, called Atilius or Tullius, was punish- ed by Tarquinius for being unfaithful to his tnist, by being sewed up in a sack and cast into the sea.' On the expulsion of the kings, the care of these books was intrusted to the noblest of the patricians, who were exempted from all military and civil du- ties. Their number was increased about the year 365 B.C. to ten, of whom five were chosen frptn 1. (Liv., iii., 33 ) — 2. (Li\r., iii., 35. — Dionys., x., 53.)— 3. (Niabuhr, Hist. Rume, vol: ii., p. 309-356, traiisl.— Arnold, Hist, of Rome, vol.i., p. 250-313,)— 4. (I,iv., vii., 27 ; xii., 62; Mxi. lSJ.)--5. (jEn., Ti., 73.)-^a. (Dionys., iv., 62.)— V. (Dionys., I.e. -Val Max., i., 1, <) 13.) 340 the patriciajs and five from the plebeians.' Sti^ quently their number was still farther increaseiirhi fifteen (guitidecemviri), but at what time is uncer- tain. As, however, there were decemviri in B.C. 83, when the Capitol was burned," and we reaa of decemviri in the time of Cicero,' it appears proha.. ble that their number was increased from ten to fifteen by Sulla, especially as we know that, he ia- creased the numbers of several of the other ecolesit astical corporations. Julius Caesar added one more to their number ;* but this precedent was not fol. lowed, as the collegium always appears to have consisted afterward of only fifteen. It was also the duty of the decemviri and quin- queviri to celebrate the games of Apollo' and the secular games." They were, in fact, considered priests of Apollo, whence each of them had in his house a bronze tripod dedicated to that deity.' DECIMA'TIO was the selection, by lot, of even tenth man for punishment, when any number of soldiers in the Roman army had been guilty of any crime. The remainder usually had barley allowed to them instead of wheat.* This punishment does not appear to have been often inflicted in the early times of the Republic, but is frequently mentioned in the civil wars and under the Empire. It is said to have been revived by Crassus, after being dii- continued for a long time (ndrpLou ti tovto (5ia ito/- Xuv ;i;p6j'uv KoXaajia toZ; uTpaTLurai; inayajuv'). For instances of this punishment, see Liv., ii., 59, — Suet.,^Mg-„24; Galba, 12:— Tacit., ifis<,,i., 37.-» Dio, Xli., 35 ; xliX., 27, 38. Sometimes only the twentieth man was puiiislied {vicesimdtio), or the hundredth {centesimatio''')' DECRE'TUM seems to mean that which is de- termined in a particular case after examination oi consideration. It is sometimes applied to a deter- mination of the consuls, and sometimes to a deter- mination of the senate. ' A decretutn of the senate would seem to differ from a senatus consultum in the way above indicated : it was limited to the spe- cial occasion and circumstances, and this vrould be true whether the decretutn was of a judicial or a legislative character. But this distinction in the use of the two words, as applied to ah act of the senate, was, perhaps, not always observed. Cice- ro" opposes edictum to decretutn, between vphich there* is in this passage apparently the same analo- gy as between a consultum and decretum of the senate. A decretum, as One of the parts or kinds of constitutio, was a judicial decision in k case be- fore the sovereign. {Vid. Constitutio.) Gains,' when he is speaking of interdicta, says that thej are properly called decreta, " cuni (prastor ant pro- cdnsttl) fieri aliquid jubet," and interdicta^ when he forbids. A judex is said " condemnare," not " de- cernere," a word which in judicial proceedings is appropriate to a magistratus who has jCirisdiotio: > ■ DE'CUM^E (sc. partes) formed a portion of ■ the vectigalia of the Romans, and were paid by subjects whose territory, either by conquest or dediiio, had become the property of the state {ager pihliem). They consisted, as the name denotes, bfa tithe or tenth of the produce of the soil; levied' upon the ctjltivators (aratores)' 6r occupiers {possessores) of the lands, Which; from being subject to this pay- ment, were called agri decumani. The tax of a tenth was, however, generally paid by corn lands: plantations and vineyards, as requiring no seed and less labour,' paid a fifth of the produce.'^ We also find the expression "decumates agri" 1. (Lit., vi., 37-42.)— 2. (Dionys:, I. c.)— 3. (ad Fam.', viii., 4-1 —4. (Dion Cass., xliii., 51.)^5. (Liv., x., 8.)— 6. (Tao., Aio., xi., 11.— Hor., Carm. Saio., 70.)— 7. (Serviusad Vir(':,.Sn.,.iii., 332.)-^8. (Polyb., vi., 38.— Gio., Pro Cluent., 46.)— 9. (Plat! Crass., 10.)— 10. (Capitol., Macrin., 12.)— 11.. (ad Fam., xiii- 56.)— 12. (iv., 140.) -13. (Appian, BeU. Oiv., i., 7.) dEcuivle. DEICELISTAI. applied to districts in Germany wiiich were occu- pied by Roman soldiers or auxiliaries, after the ex- pulsion of the old proprietors, subject to the pay- ment of a tenth part of the produce. It is probable that there were many such ; and if so, it is useless to inquire where the lands so called were situated.' Tacitus merely says of them that they lay beyond the Rhine and the Danube. The name of deouma- ni was also applied to the farmers of these tributes, who purchased them from the state, and then col- iBoSed them on their own account. ( Vid. Publioani. ) The system of exacting a tenth of the produce from the occupiers of land which had become the property of the state, seems to have been of great antiquity : thus a tradition is preserved of the Ro- mans themselves having at one time' paid a tenth to the Etruscans, a story which Niebuhr' refers to the surrender (deditio) of the city to Porsenna.^ The practice is best illustrated by the case of Sicily. It appears from Cicero* that the Romans, on redu-' cing this island to a province, allowed to the old in- habitants the continuance of their ancient rights («« e.odemjure essent, quo fuissent), and that, with some few exceptions, the territory of all the states (omnis ager Sicilia cimtalum) was subjected, as formerly, to the payment of a tithe on corn, wine, oil, and the " fruges minutffi ," it was farther determined that the place and time of paying these tithes to the de- eumani should " be and continue" as settled by the law of King Hiero {lex Hieronica), which enacted severe penalties against any arator who did not pay his due, as well as against the decumani ■H(ho ex- acted more than their tenth. It isiinteresting to re- mark, that the coloni, who afterward occupied the lanos of the Romish Church in Sicily, and were farmed out along with the smaller plots of land to the " eonductores" or lessees of the Church, paid for rent a fixed portion of the produce, which was sometimes delivered in kind, sometimes bought off with money. A letter of Gregory VII. shows that these coloni suffered the same sort of grievances as the aratores under the praetor Verres." Exac- tions of this kind were not, however, peculiar to the foreign provinces of Rome : they were also levied on public lands in Italy : as, for instance, on the "ager Campanus," which we read of as being vec- ligalisy before it was apportioned to a number of Roman citizens by a lex agraria of Julius Caisar." (Fiii. AoEAEi^ Leoes.) A similar system existed in Greece also ; the tenths being paid as a usufruct on property which was not freehold, though the right of occupation might be acquired by inlieritanoe or purchase t thus a tyrannus demanded tithes from his subjects in his right as proprietor of the lands they occupied ; Pei- sistratus, for instance, imposed a tax of a tenth on the lands of the Athenians, which the Peisistratidae lowered to a twentieth.' We use the Word " usu- fruct," in the previous sentence, in its common ac- ceptation ; but the " usus fructus" of Roman law seems to be the same as "usus et fructus." The profit which Ihe state derived from the land was termed " fructus," and the occupation for which it was paid, "u.sus."' The same principle was also applied to religious purposes : thus Xenophon sub- ected the occupiers (roif ixovra^ nal Kapnovjievovi) af the land he purchased near Scillus to a payment of tithes in support of a temple of Artemis, the god- dess to whom the purchase,-money was dedicated ; the Delian Apollo also received tenths from the Cyclades.' That many such charges originated in 1. (Tacit., Ger., 29.— Ann., liii., 54, ed. Walther.)— 2. (Hist. Rom., i., 546, transl.)— 3. (Tacit., Hist., iii., 72.)— 4. (c. Verr., act. ii.,lib. iii.)— 5. (Savigny, Philol. Mus., ii., 129;)— 6. (Suet., CsEs.y 20.)— 7. (Thucyd., vi., 54.)— 8. (Niel)., Rom. Hist.)— 9. (XeB.j Aiiab., v , 3, 4 11 - Callira., Hymn. Del.. 272. ed. Span- beim.) conquest, or something similar, may be ihltrratl from the statement of Herodotus,' that at the timfi of the Persian war the confederate Greeks made ii vow, by which all the states who had surrendered themselves to the enemy were subjected to the payment of tithes for the use of the god at Delphi. The tenth (to eTridsxarov) of confiscated property was also sometimes applied to similar objects;' The tithes of the public lands belonging to Athens were farmed out, as at Rome, to contractors, called dsKa TLivai : the terra dsKaTjjXo-yot was applied to the col- lectors ; but the callings were, as we might suppose, often united in the same person. The title Sskotcv tal is applied to both. A SexaTTi, or tenth of a dif- ferent 'kind,. was the arbitrary exaction imposed by the Athenians (B.C. 410) on the cargoes of all ships sailing into or out of the Pontus. ; They lost it by the battle of jEgospotami (B.C. 405), but it was re-established by Thrasybulus about B.C. 391. This tithe was also let out to farm.^ The tithe- house for the receipt of this duty was called (!e/fa- TevT^ptov : to sail by necessity to it, irapayuym^tiv* DECUMA'NI. (Fid. Deoum^.) DECUMA'NI AGRI. {Vid. Decum^.) DECUMA'TES AGRI.. (l^id. Decum.e.) , DECU'RIA. {Vid. Army, Roman, p. 104.) DECURIO'NES. (Vid. Army, Roman, p. 104., DECURIO'NES. ( Vid. Colonia, p. 282.) DECUSSIS. (Vid. As, p. 111.) DEDI'TIO. ( Vid. Deditioii.) ■ DEDITI'CII are one of the three classes of In. ertini. The lex MXia. Sentia provided that, if a slave was put in bonds by his master as a punish- ment, or branded, or put to the torture for an of- fence and convicted, or delivered up to fight with wild beasts, or sent into a Indus (gladiatorius), oi put in confinement (custodii), and then manumitted either by his then owner or by another owner, he merely acquired the status of a peregrinus deditici- us, and had not even the privileges of a Latinos. The peregrini deditioii were those who, in former times, had taken up arms against the Roman peo- ple, and, being conquered, had surrendered them- selves. They were, in fact, a people who were ab- solutely subdued, and yielded conditionally to the conquerors, and, of course, had no other relation to Rome than that of subjects. The form of deditio occurs in Livy.' The deditioii existed as a class of persons who were neither slaves, nor cives, nor Latini, at least as late as the time of Ulpian. Their civil condition, as is stated above, was formed by analogy to the condition of a conquered people, who did not indi- vidually lose their freedom, but as a community lost all political existence. In the case of the Volsoi, Livy inclines to the opinion that the four thousand who were sold were slaves; and not dediti.= DEDUCTO'RES. (Vid. Ambittjs, p. 46). DEICELISTAI (Ssikri'kiaTai. or (SiKc^Krrat : La- cedaemonian. deiKe^ixrai, from (Scke/lof, imitating), a name which was, indeed, sometimes applied by the Spartans to any class of actors on the stage;' but it properly belonged to a class of buffoons or improvisatore, who, in the language of the common people, and in a very artless manner, imitated some comic event. This kind of amusement, according to Sosibius,* was very old at Sparta, and consisted in imitating some foreign physician, or persons (probably boys) who stole fruit in the autumn, or tho reiiiains of meals, and were caught with their goods.' The play itself is called by Pollux a mimic dance ; 1. (vii., 132.)— 2. (Xen., Hei!., i., 7, « U.)— 3. (Demosth., c. Leptin., 475, edl ]3ekker. — Xen., Hellen., iv., 8, ^ 27, 31.)— 4 (B»ckh, vol. ii., p. 41, transl.)— 5. (i., 37.)— 6. (Gains, i., 13, Ac- Ulp., Fvag., tit. 1, s. 11.)— 7. (Pint., Agesil., 21.— Laron, Apophth., p. 185.)— 8. (ap. Athen., xiv., p. 621.)— 9. (Pollui, Onom., iv., 14, 104, compared witli Snidas, s. v. Swffi&os.) 341 DEIPNON. DEIPNO.'?. bat, Irom the words of Sosibius, we must conclude that the action represented was only alternating with comic dances, or accompanied by them. Athe- naeus' gives a list of names by which these mimic actors, who were extremely popular among the an- cients generally, were designated in various parts of Greece. It is highly probable that the repre- sentations of the dcLneXiaTai were peculiar to some religious festival, and it has been supposed that they were connected with the celebration of the Diony- sia at Sparta.' DEIGMA (Sslyiia), a particular place in the Pei- rfflus, as well as in the harbours of other states, where merchants exposed samples of their goods for sale." The samples themselves were called iei-jniara* DEJECTUM EFFUSUM. {Vid. Dejecti Effu- sive Actio.) DEJECTI EFFUSIVE ACTIO. This was an action given by the praetor's edict against a person who threw or poured out anything from a place or upper chamber {ccBnaculum) upon a road which is frequented by passengers, or on a place where peo- ple use to stand. The action was against the oc- cupier, not the owner. If several persons inhabited a ccenaculum, and any injury was done to another by a thing being thrown or poured out of it, he had a right of action against any of them, if the doer was uncertain. The damages recoverable were to double the amount of the damage, except in the case of a liber, when they were fifty aurei if he was kill- ed ; if he was only injured in his person, they were " quantum ob earn rem aequum judici videbitur eum eum quo agatur condemnari," which included the expenses of a medical attendant, loss of time, &c., but not damage done to his apparel, &c. If injury was caused by a thing being thrown from a ship, there was an actio ; for the words of the edict are, " Unde in eum locum quo volgo iter fiat vel in quo consistatur, dejectum," &c. As many of the houses in Rome were lofty, and inhabited to the top by the poor,' and probably as there were very imperfect means for carrying off rubbish and other accumulations, it was necessary to provide against accidents which might happen by such things being thrown through the window. Ac- cording to Labeo's opinion, the edict only applied to the daytime, and not to the night, which, however, was the more dangerous time for a passer-by." DEILE (fc'A)?). (Fid. Dies.) AEIA'IAS rPAa>H (rffiXiaf ypa^^), the name of a suit instituted against soldiers who had been guilty if cowardice.' The presidency of the court be- longed to the strategi, and the court was composed of soldiers who had served in the campaign.' The punishment, on conviction, appears to have been uTtfiia. Compare A2TPATEIAS rPA$H DEIPNON (dwTrvov). The present article is de- signed to give a sketch of Grecian meals, and cus- toms connected with them. The materials for such an account, during the classical period of Athens and Sparta, are almost confined to incidental allu- sions of Plato and the comic writers. Several an- cient authors, termed SemvoXoyoi, are mentioned by AthenBEUs ; but, unfortunately, their writings only survive in the fragments quoted by him. His great worl:, the Deipnosophists, is an inexhaustible treasury of this kind of knowledge, but ill arranged, 1. (1. 0.)— 2. (Vid. Muller, Dorians, iv., 6, 1) 9.)— 3. (Harno- ciat. , B. V. — Pollux, Ouom., ]'%., 34. — ^Aristoph., Equit., 974 TQg, moslh., c. Lacr., 932, 20.— Theophi-ast., Charact., 23.) 4. (pi^i tarcl;, Demosth., 23. — BQckh, Publ. Econ. of Athens, i p 81 1 — S. (Cic, Agr., ii., c. 35.— Hor., Epist., I., i., 91.— jJt Sat I., 17.)— 6 (Dig-. 9, tit. 3.— Jny., Sat., iii., 268, &c.)— 7. (JEsch - "' "" -Lysias, c.Al''ib.,520,525.)— 8. (L7siaB,c.Alcib!I . Ctes., 566.- 521 ) 342 and with little attempt to distinguiiU the tustonu of different periods. The poems of Homer contain a real picture oi early manners, in every way worthy of ths antiqua. rian's attention. As they stand apart from all oth- er writings, it will be convenient to exhibit in ona view the state of things which they describe. It is not to be expected that the Homeric meals at all agree with the customs of a later period ; indeed it would be a mere waste of time to attempt adapting the one to the other. Athen8eus,' who has entered fully into the subject, remarks on the singular sim- plicity of the Homeric banquets, in which kings and private men all partake of the same food. It was common even for royal personages to prepare their own meals ;= and Ulysses' declares himself no mean proficient in the culinary art ; Tlvp t" ei vTiTjaat, Siu Si fuAa dava Kedaam AatTpevffal re ttal b-KTTjoai Kal olvop^o^ciiL^^i' Three names of meals occur in the Iliad and Odys- sey: upiarov, Seiirvov, dopwov. This division of the meals is ascribed, in a fragment of ^Eschylus quo ted by Athenseus,* to Palamedes, Kat Ta^tapxainal arpaTcipxac Kal kKarovTapxac; Ira^a- alrov S'eldhai Siijpiija, upiara, Selnva, Sopna -&' alpeiaBat rpla. The word upioTov uniformly means the early (n^' vol^), as Sdpvov does the late meal ; but dcmvov, on the other hand, is used for either,' apparently with- out any reference to time. We should be careful, however, how we argue from the unsettled habits of a camp to the regular customs of ordinary life. From numerous passages in the Iliad and Odys< sey, it appears to have been usual to sit during meal- times. In the palace of Telemachus, before eating, a servant brings Minerva, who is habited as a stran- ger, the x^P'^i-i', or lustral water, " in a golden ipitcli- er, pouring it over a silver vessel.'" Beef, mutton, and goat's flesh were the ordinary meats, usuallj eaten roasted ; yet from the lines' 'Qf 6e TiiSijg (el ivSov, hneLyofievog mpl iroX/M Kviaarj ftEXdo/ievoQ dTTa2,0Tpeei)( aiuXoio, we learn that boiled meats were held to be far from unsavoury. Cheese, flour, and occasionally fruits, also formed part of the Homeric meals.. Bread, brought on in baskets,' and salt (uXf, to which Ho- mer gives the epithet ■&elo(), are mentioned : from Od., xvii., 455, the latter appears, even at this early period, to have been a sign of hospitality; in Oi, xi., 122, it is the mark of a strange people not to know its use. Each guest appears to have had his own table, and he who was first in rank presided over the rest. Menelaus, at the marriage feast of Hermione, begins the banquet by taking in his hands the side of a roasted ox, and placing it before his friends." At the same entertainment music and dancing are in- troduced : "The divine minstrel hymned to the sound of the lyre, and two tumblers iKv6iaT>iT^i)i) began the festive strain, wheeling round in the midst." It was not beneath the ncjtions of those early days to stimulate the heroes to battle," "'ESpy re, Kpeaaiv re, iSi vr/lefoif Semieaaiv : and Ajax, on his return from the conte.3t with Hee- tor, is presented by Agamemnon with the vura lot- veKia. The names of several articles of the festive board occur in the Iliad and Odyssey. Knives, spits, cups of various shapes and sizes, bottles made of goat- skin, casks, &c., are all mentioned. Many sorts oi wine were in use among the heroes ; some of Nes- tor's is remarked on as being eleven years old. The 1.- (i.,p. 8.)— 2. (II., ii., 206-218.— Compare Gen., ixvii.,31.) 3. {Od., IV., 322.)— 4. (i., p. 11.)— 5. (Od., xvi., 2.)-6. (II.. ii., 381.— Od., xvii., 170.)— 7. (Od., i., 136.)— 8. (II., xxi., 3611 —9. (II,ii., 317.)- 10. (Od., iv., 65.)-ll. (II., xii . 311.) DEIPNON. UEIPISON. Maroiiean wine, so called from Maron, a hero, was especially celebrated, and would bear mingling with twenty times its own quantity of water. It may be observed that wine was seldom, if ever, drunk pure. When Nestor and Machaon sit down together, " a woman," like unto a goddess, sets before them a polished table, with a brazen tray, em 6e Kpo/ivov riru oTJiov. Then she mingles a cup of Pramnian wine in Nestor's own goblet, and cuts the cheese of goat's mdk with a steel knife, scattering white floar over it The guests drank to one another : thus the gods' AeiSsxit' aXkiiJ,ovQ, and Ulysses pledged Achilles, saying, x<^^p\ 'A.X'-^^^' Wine was drawn from a larger vessel (sid. Cb iter) into the cups from which it was drunk, and lieiore drink- ing, libations were made to the gods by pouring some of the contents on the ground.^ The interesting scene between Ulysses and the swineherd* gives a parallel view of early manners in a lower grade of life. After a welcome has been given to the stranger, " The swineherd cleaves the wood, and they place the swine of five years old on the hearth. In the goodness of his heart, Eumaeus forgets not the immortal gods, and dedicates the lirstling lock with a prayer for Ulysses's return. He next smites the animal with a piece of cleft oak, and the attendants singe off the hair. He then cuts the raw meat all round from the limbs, and laying it in the rich fat, and sprinkling flour upon it, throws it on the fire as an offering (imapxri) to the gods ; the rest the attendants cut up and pierce with spits, and, having cooked it with cunning skill, draw off all, and lay the mess on the tables. Then the swineherd stands up to divide the portions, sev- en portions in all, five for himself and the guests, £Dd one apiece to Mercury and the nymphs." There is nothing more worthy of remark in the Homeric manners than the hospitahty shown to strangers. Before it is known who they are, or whence they come, it is the custom of the times to give them a welcome reception.' When Nestor and his sons saw the strangers, " They all came in E crowd, and saluted them with the hand, and made them sit down at the feast on the soft fleeces by the seashore." The Greeks of a later age usually partook of three meals, called uKpuTw/ia, aptarov, and Semvov. The last, which corresponds to the dopirov of the Ho- meric poems, was the evening meal or dinner ; the apiarov was the luncheon j and the aKparia/ia, which answers to the upiarov of Homer, was the early meal or breakfast. The uKpuTLapa was taken immediately after rising in the morning (if ctk^c. iu6ev'). It usually con- sisted of bread dipped in unmixed wine (oxparof ), whence it derived its name.' Next followed the upiarov or luncheon ; but the time at which it was taken is uncertain. It is fre- quently mentioned in Xenophon's Anabasis, and ap- pears to have been taken at different times, as would naturally be the case with soldiers in active service. Suidas' says that it was taken about the third hour, that is, about nine o'clock in the morn- ing; but this account does not agree with the statements of other ancient writers. We may con- clude from many circumstances that this meal was taken about the middle of the day, and that it an- swered to the Roman prandium, as Plutarch' as- serts. Besides which, the time of the ir^^dovaa ay- opd, at which provisions seem to have been bought for the I'.ptavov, was from nine o'clock till noon. This agrees with the account of Aristophanes," who 1 (11., iv., 4.)— 2. (n., ix., 225.)— 3. (II., vii., 480.) —4. (Od., xiv; 420.)— 5. (Oa., i., 125, — 10. (Vcsp., 606-612.) introduces Philooleon describing the pleasure ol re- turning home after attending the courts, and pai ta- king of a good upiarov. The courts of justice could scarcely have finished their sittings by nine o'clock. Timaius also defines dcl?ir; nputa, which we know to have been the early part of the afternoon (vid. Dies), as the time before the upiarov. The upiaroi was usually a simple meal, liut, of course, variov according to the habits of individuals. Thus Is- chomachus, who describes his mode of life to Soc- rates, who greatly approves of it, says, 'Apiar^ 6aa firjre kevoq fiiire uyav TvXfjpTj^ dirifiepsitJ"-^ ' The principal meal, however, 'was the Hcmvov, which ought, therefore, according to our notions, to be translated, like the Latin carta, by our word " dinner." It was usually taken rather late in the day, frequently not before sunset.'^ Aristophanes' says, Soi di iiiXJjaei, brav y Sekuitovv to aroixsiov Wirrapov x^P^i'^ ^ti deinvov. But, in order to ascertain the time meant by 6e KuTTOvv TO aroixeiov, the reader is referred to tlie ar tide HoECLOGiuM. The Athenians were a social people, and were very fond of dining in company. Knlertainments were usually given, both in the heroic ages and la- ter times, when sacrifices were offered to the gods, either on public or private occasions ; and also on the anniversary of the birthdays of members of the family, or of illustrious persons, whether living or dead. Plutarch* speaks of an entertainment beinj! given on the anniversary of the birthdays both ol Socrates and Plato. When young men wished to dine together, they frequently contributed each a certain sum of money, called avp-SoXy, or brought their own provisions with them. When the first plan was adopted, they were said uKo oviidoXCiv deiwelv, and one individual waa usually intrusted with the money to procure tho provisions, and make all the necessary preparations. Thus we read in Terence,' " Heri aliquot adolescentuli cdmus in Firao, In htinc diem ut de symholis essemus. Chttream ei rei Prafccimus : dati annuli : locus, tempiis consliln- tum est." This kind of entertainment, in which each guest contributed to the expense, is mentioned in Homer' under the name of ipavog. An entertainment in which each person brought his own provisions vs-ith him, or, at least, contributed something to the general stock, was called a Seiitvov uTzb aKvpiSoQ, because the provisions were brought in baskets.' This kind of entertainment is also spoken of by Xenophon." The most usual kind of entertainments, howevei, were those in which a person invited his friends to his own house. It was expected that they should come dressed with more than ordinary care, and also have bathed shortly before ; hence, when Soc- rates Was going to an entertainment at Agathon's, we are told that he both washed and put on his shoes- — things which he seldom did.' As soon as the guests arrived at the house of their host, their shoes or sandals were taken off by the slaves, and their feet washed {vjro?\,veiv and aTrovi^eiv). In an cient works of art we frequently see a slave o other person represented in the act of taking off thu shoes of ithe guests, of which an example is given, from a terra-cotta in the British Museum, in p. 376. ' 1. (Xea.. (Er-on., xi., 18.)— 2. (Lysias, c. Eratostb., p. 26.)— t fEoc.., 652 1 — I. (Symp., viii., 1, 1/ 1.)— 5. (Eun., ir!.,iv., I.) -6 rod. .. ::26. — 7. (Athen., viii., p. 365.)— 8. (Mem., iii., 14, .., — « .-PlaTJ^. Sv-up., c. 2, p. 174.) 343 U£1PN0N Atter their feet had been washed, tlie igtiests re- clined on the Kyiivai or couches (Kal i ficv i^n a-Kov- ICetv Tov walSa, Iva KaraKioiTo)} It has been already remarked that Homer never describes persons as reclining^ but always as sitting at their meals ; but at what time the change was introduced is uncertain. ]VIuller= concludes from a fragment of Alcman, quoted by Athena3us,= that the Spartans were accustomed to recline at their meals IS early as the time of Alcman. The Dorians of Drete always sat ; but the Athenians, like the Spar- .ans, were accustomed to recline. The Greek wom- en and children, however, like the Roman {vid. Coe- NA, p. 276), continued to sit at their meals, as we find them represented in ancient works of art. It was usual for only two persons to recline on each couch. Thus Agathon says to Aristodemus, Sii (!', 'ApiaToSruie, trap' 'Epv^i/iaxov KaraMvov : and to Socrates, Aevpo, SuKpare;, irap' t/ie KaruiceLao.* Also, at a banquet given by Attaginus of Thebes to fifty Persians and fifty Greeks, we are told that one Persian and one Greek reclined on each couch. In aacient works of art we usually see the guests rep- resented in this way ; but sometimes there is a larger number on one long uTiivri, as in the woodcut in page 336. The manner in which they reclined, the axvfia rng KaTwMasu;, as Plutarch' calls it, will be understood by referring to the woodcut already mentioned, where the guests are represented recli- ning with their left arms on striped pillows (iTray/c- (jvia), and having their right free ; whence Lucian* speaks of stt' dyKuvoc dernvdv. After the guests had placed themselves on the uTilvai, the slaves brought in water to wash their hands (iiSup Kara x^V<>( iSoBri). The subsequent proceedings of the dinner are briefly described in iwo lines of Aristophanes,' "tiap Kara x^^P^i ' ™f TpasTEfof tla^epew • ' &Einvov/iev • a^novtvifijieB' ■ rjSri amviojicv. The dinner was then served up ; whence we read, in Aristophanes and elsewhere, of ruf rpairl^a; eia- , 175.)— H (Athen., iv., p. 170, e.— Pollux, Onom., iii., 41 : vi., 13) 3U DEIPNON. an account of the different dishes which were in. troduced at a Greek dinner, though their number is far below those which were usually partaken of a'. a Roman entertainment. The most common food among the Greeks was the ^ufo (Dor. /iddSa), a kind of frumenty or soft cake, which was prepared in different ways, as appears by the various names which were given to it.' The /iufn is frequently mentioned by Aristophanes. The vaT?i fid^a, of which Pliilocleon partakes on returning home from the courts,^ is said by the schoUast to have been made of barley and wine. The iiACa inntinuetl to the latest times to ne me common food of the lower classes. Wheaten or barley bread was the second most usual species of food ; it was sometimes made at home, but more usually bought at the market of the dpTOTviJlai or apron-uAidef. The vegetables lOr- dinarily eaten were mallows (/ioAii;);;?), Jeituces (iJpi. (!af), cabbages (/Sa^avoi), beans {Kva/isit), lentils (^a- Kal), &c. Pork was the most favourite aniipal food, as was the case among the Romans {vid. Ca. NA, p. 275) ; Plutarch' calls it to SiKaioraTov^Kpias ^ Sausages, also, were very commonly eaten {nid. BoTULns). It is a curious fact, which Plato* has remarked, that we never read in Homer of the he- roes partaking of fish. In later times, however, fish was one of the most favourite articles of food among the Greeks, insomuch so that the name of oipov was applied to it /car' i^oxv"-' A minute ac- count of the fishes which the Greeks were accus- tomed to eat is given at the end of the seventh book of Athenffius, arranged in alphabetical order. The ordinary meal for the family was cooked by the mistress of the house, or by tho female sUves under her direction ; but for special occasions pro- fessional cooks Qiuyeipot) were hired, of whom there appear to have been a great number.' They are frequently mentioned in the fragments of the comic poets ; and those who were acquainted with all thrt refinements of their art were in great demand in other parts of Greece besides their own country. The Sicilian cooks, however, had the greatest repu- tation,' and a Sicilian book on cookery by one Mi- thascus is mentioned in the Gorgias of Plato ;' but the most celebrated work en the subject was the TaaTpoi,oyia of Archestratus." A dinner given by an opulent Athenian usually consisted of two courses, called respectively Trpuroi rpuireiai and Scvrepai rpdire^ai. Pollux,'" indeed, speaks of three courses, which was the number at a Roman dinner {vid. (Jcena, p. 275 ; and in the same way we find other writers under the Roman Empire speaking of three courses at Greek dinners; but before the Roman conquest of Greece, and the introduction of Roman customs, we only read of two courses. The first course embraced the whole of what we consider the dinner, namely, fish, poul- try, meat, &c. ; the second, which corresponds to our dessert and the Roman bellaria, consisted of different kinds of fruit, sweetmeats, confections, jio(: commenced, of which an account is given in the article Symposium. ' DELA'TOR, an informer. The delatores, under the emperors, were a class of men who gained their liveUUood by informing against their fellow-citizens.' They constantly brought forward false charges to gratify the avarice or jealousy of the different em- perors, and were, consequently, paid according to the importance of the information which tliey gave. In some cases, however, the law specified the sums which were to be given to informers. Thus, when a murder had been committed in' a family, and any of the slaves belonging to it had run away before the quffislio, whoever apprehended such slaves re- ceived, for each slave whom he - apprehended, a reward of five aurei from the property of the de- ceased, or else from the state, if the sum could not l)e raised from the property of the deceased.* In the senatus consultum quoted by Frontinus," the Informer received half of the penalty in which the person was fined who transgressed the decree of the senate. There seems also to have been a fixed sum given to informers by the lex Papia, since we are ttfld that Nero reduced it to a fourth.' The number of informers, however, increased so rapidly under the early emperors, and occasioned so much mischief in society, that many of them were banished, and punished in other ways, by Titus, Domitian, and Trajan.' DELECTUS. (Firf. Army, Roman.) DE'LIA (Sji%ta) is the name of festivals and james celebrated at the great panegyris in the isl- and of Delos, the centre of an amphictyony, to which the Cyclades and the neighbouring lonians on the coasts belonged." , This amphictyony seems originally to have been instituted simply for the purpose of religious worship in the common sanc- tuary of Apollo, the iJeof Trarpuof of the lonians, who was said to have been born at Delos. The Delia, as appears from the Hymn on Apollo,' had existed from very early times, and were celebrated every fifth year," and, as Bockh supposes, with great probability, on the sixth and seventh days of Ihargelion, the birthdays of Apollo and Artemis. The members of the amphictyony assembled on these occasions {ideapow) in Delos, in long gar- ments, with their wives and children, to worship the god with gymnastic and musical contests, cho- ruses, and dances. That the Athenians took part in these solemnities at a very early period, is evi- dent from the Deliastaa (afterward called teapot) mentioned in the laws of Solon ;" the sacred vessel (iJeupiV), moreover, which they sent to Delos every year, was said to be the same which Theseus had sent after his return from Crete." The Delians, during the celebration of these solemnities, per- formed the office of cooks for those who visited their island, whence they were called 'EXeodvrat." In the course of time, the celebration of this an- I.- .(XeiL., Symp., ii., 1. — Plato, Symp., c. 4, p. 176. — ^Diod. Sic, iv., S.^rSuiclas, s. v. .'AyaGoiJ Aaiiiovos.) — 3. (Becker, Charikles, vol. i., p. 411-450. )^3. (Suet., Tib., c. 61.— Dom.,: 12.— Tacit., Ann., iv., 30 ; vi , 47.)^. (Dig. 29, tit^ 5, s. 25.)— 5. (De Aqueduct.)— 6. (Suet., Nero, 10.)— 7. (Suet., Tit., 8.— Don,., 9. — Mart., i., 4. — Plin., Pameg., 34. — Brissonius, Ant. Select., iii., 17.)— 8. (Horn., Hymn, in Apoll., 147, &c.)—9. ((Compare Thucyd., iii., 104.^~Pbllux, Onom., ii., 61.) — 10. (Pollni, Onom., viii., 104.) — 11. (Athen., vi., p. 234.) — 12. \Vii. commentators on Plato, Crito, p. 43, c) — 13. (Athen., iv., p 173.) Xn cient panegyris in Delts had ceas( d, and it was n! ( revived until 01. 88, 3, when the Athenians, aftci having purified the island in the winter of that year, restored the ancient solemnities, and added horsp- races, which had never before taken place at tlie Delia.- After this restoration, Athens being at the head of the Ionian confederacy, took the most prominent part in the celebration of the Delia ; and though the islanders, in common with Athens, pro- vided the choruses and victims, the leader (iipxiSi- upoc), who conducted the whole solemnity, was an Athenian,' and the Athenians had the superintend ence of the common sanctuary. ( Vid. Amphictyons. ) From these solemnities, belonging to the great Delian panegyris; we must distinguish the lesser Delia, which were mentioned above, and which were celebrated every year, probably on the 6th of Thargelion. The Athenians, on this occasion j sent the sacred vessel (^copif), which the priest of Apol- lo adorned with bay branches, to Delos. The em- bassy was called iJeup^a, and those who sailed to the island, ^eupoi ; and before they set sail, a solemn sacrifice was offered in the Delion at Marathon, in order to obtain a happy voyage.' During the ab- sence of the vessel, which on one occasion lasted 30 days,* the city of Athens was purified, and no criminal was allowed to be executed. The lesser Delia were said to have been instituted by Theseus, though in some legends they are mentioned at a much earlier period, and Plutarch' relates that the ancient vessel used by the founder himself, though often repaired, was preserved and used by the Athe- nians down to the, time of Demetrius Phalereus.' DELICTUM. (Yid. Crimen.) DELPHI'NIA ((Se^^jfia), a festival of the same expiatory character as the Apollonia, which was celebrated in various towns of Greece, in honour of Apollo, surnamed Delphinius, who was considerci' by the lonians as their iJeof jrarpijjof. The name (if the god, as well as that of his festival, must be de- rived from the belief of the ancients, that in t+ie be- ginning of the month of Munychion {probably iden- tical with the jEginetan Delphinius) Apollo came through the defile of Parnassus to Delphi, and be- gan the battle with Delphyne. As he thus assumed the character of a wrathful god, it was thought ne- cessary to appease him, and the Delphinia, accord- ingly, were celebrated at Athens, as well as at other places where his worship had heen adopted, on tho 6th of Munychion. At Athens seven boys and girls carried olive-branches, bound with white wool (called the iKerripia), into the Delphinium.' The Delphinia of iEgina are mentioned by the scholiast on Pindar,' and, from his, remark on an- other passage, it is' clear that they were celebrated with contests.'" Concerning the celebration of the ©elphinia in other places, nothing is known ; but we have reason to suppose that the rites observed at Athens and in iEgina were common to all festivals of the same name." DELPHIS or DELPHIN (deX^i'f or deltph), an instrument of naval warfare. It consisted of a large mass of iron or lead suspended on a beam, which projected from the mast of the ship like a yard-arm. It was used to sink or make a hole in an enemy's vessel, by being dropped upon it when alongside." . . There seems no necessity for supposing that il 1. (Thucyd.j 1. c.)— 2. (Plut., Nic, 3.— Wolf, Intiod. ad Do mosth. Lept., p. xc.)— 3. (Mttller, Dor., ii., 2, 14.)— 4. (Plat., PhKdon, p. 58.— Xdn., Mem., iv., 6, ( 2.)— 5. (Thes.. S3.)— 13. (BBokh, Staatsh. der Alh., ii., p. 216, &c.— Thirlwall, Hist, ol Greece, iii., p. 217.)— 7. (Pint., Tlies., 18.)— 8. (Pyth., viii., 88.)— 9. (Olymp., vii., 151.)— 10. (Compare Diog. Laeit., Yit, Thai., c. 7.— Miiller, Dor., ii., 8, 6 4.)— 11. (Vtd. Muller, .JEgi. net., p. 152.)— 12. (Aristoph., Equit., 7.59 -Thucyd., Tii . 41 .— Schol. ad Thucyd., 1. c. — Hesych., 9 v > 345 UEMARUH]. DKMIfJPKATA. was mado in the shape of a dolphin. Bais of iron ased for ballast a re at the present day called "pigs," though they bear r.o resemblance /o that animal. I'robably the 6e?i.^lveg were hoisted aloft only when going into action. We may also conjecture that they were fitted, not so much to the swift {raxeiai) triremes, as to the military transports (oTpaTiuTiitg, 6K%iTuyuyoC), for the sailing of the former would be much impeded by so large a weight of metal. At any rate, those that Thucydides speaks of were not on the triremes, but on the dTiKaSsg. *DELPHIS, DELPHIK, or DELPHI'NUS, the Dolphin, or Delphinus Delphis, L.' " This animal," says Cuvier, speaking of the D. Delphis, " found in numerous troops in every sea, and celebrated for the velocity of its movements, which sometimes cause it to precipitate itself on the helms of vessels, ap- pears to have been really the Dolphin of the an- cients. The entire organization of the brain indi- cates that degree of docility which they universally attributed to this animal."" The internal organiza- tion of the ear also renders this animal susceptible of great attention : it produces a sensibility to mu- sical sounds, and enables the Dolphin to distinguish, at a considerable distance, the cries of joy or alarm of its congeners. " Some authors," observes Grif- fith,' " more especially the ancients, have not only celebrated the mutual friendship subsisting among the Dolphins themselves, but have also asserted that they have a lively and natural affection towards the human species, with which they are easily led to familiarize ; and they have recounted many mar- vellous stories on this subject. All that is known on this point with certainty is, that when these ani- mals perceive a ship at sea, they rush in a crowd before it, surround it, and express their confidence by rapid, varied, and repeated evolutions ; some- times bounding, leaping, and maneeuvring in all manner of ways, sometimes performing complicated circumvolutions, and exhibiting a degree of grace, igility, dexterity, and strength which is perfectly astonishing. We must not, however, be deceived by such external show of affection. These animals, represeia/y?(J a" asceptible of so much attachment to VCS.T1, ar« thuroughly carnivorous, and if they fol- low the track of vessels, it is, perhaps, v/ith no oth- er view than the hope of preying on something that may fall from them." The Grampus (a fish in na- ture nearly allied to the Dolphin) would seem to be the Orca of Pliny. " It is not noticed," observes Ad- ams, " by the Greek authors, unless, as some have supposed, it be the bfm^ of Strabo."* *DELPHINTUM {SeXfivwv), a plant. Sprengel reetgnises the two species described by Dioscori- des as being the Delphinium Ajacis, or common Larkspur, and the D. tenuissimum of Sibthorp. From the circumstance of the Delphinium not be- ing noticed in the Materia Medica of Galen, Oriba- sius, or Paul of iEgina, Matthiolus is disposed to re- gard as spurious the two chapters of Dioscorides' in which mention is made of it. " Among the syn- onymes of the ie?i.iviov in Dioscorides, we find," remarks' Adams, in continuation, '• iuKtvUog and ftovKivog fiivop of the Romans. It has, therefore, been supposed that the ^vaccinia 'nigra' of Virgil v/cre Larkspurs."' DELUBRUM. {Viil. Templum.) DEMA'RCHI. These officers were the head boroughs or chief magistrates of the demi in Attica, and are said to have been first appointed by Cleis- thenes. Their duties were various and important. Thus, they convened meetings of the demus, and 1. (Aristot., H. A., ii., 13, &c.—M\i-m, N. A., i., 18, ifcc— Plin., i.t., 8.— Juv., Sat., x., 14.)— 2. (Griffith's Cuvi(!r,Tol. iv., p. 435.)— 3. (Griffitli's Cuviov, vol. iv., p. 4£0.)— 4. (Adams, Ap- IKnd,, 1. V.)— 'J. (iii., 77, 78.)— 6. (Adams, Append., s. v.) 34fi took the votes upon all questions under consider tion ; they had the custody of the ^i/fiap;);^^ ypofi, liaTelov, or book in which the members of the de- mus were enrolled ; and they made and kept a regis- ter of the landed estates (xi-'pia) in their districis, whether belonging to individtals or the hodv cui. porate ; so that, whenever Ei. elafopu, or extraor- dinary property-tax was imposed, they must have been of great service in assessing and collecting tho quota of each estate.' Moneys due to the demns for rent, &c., were collected by them,' and it may safely be allowed that they were employed to en- force payment of various debts and dues claimed by the state.^ For this purpose they seem to have had the power of distraining, to which al- lusion is made by Aristophanes.* In the duties which have been enumerated, they supplanted the naucrari of the old constitution ; their functions, however, were not confined to duties of this class, lor thdy also acted as police magistrates : thus, in conjunction with the dicasts of the towns (A/roffTai Kara Sfifwvc), they assisted in preserving peace and order,' and were required to bury, or cause tu be buried, any dead bodies found in their district: fm neglect of this duty they were liable to a fine of 1000 drachmae." Lastly, they seem to have furnish- ed to the proper authorities a list of the memberii of the township who were fit to serve in war (/in- rakoyovg inoi^aavTo"). ( Vid. Demus.) DEMENS. (Vid. Curator, p. 339.) DEMENSUM was an allowance of corn, which was given to Roman slaves monthly or daily ' Do- natus' says that every slave received four modii of corn a month ; but Seneca'" speaks of five modii as the allowance." DEIIE'NTIA. (Vid. Curator, p. 329 ) DEME'TRIA (Sn/iJiTp'ta), an annual fentival whicli the Athenians, in 307 B.C., instituted in hon- our of Demetrius Poliorcetes, who. together with his father Antigonus, were consecrated under the title of saviour gods. It was celebrated every year in the month of Munychion, the name of which, as well as that of the day on which the festival was held, was changed into Demetrion and Demetrias. A priest ministered at their altars, and conducted the solemn procession, and the sacrifices and games with which the festival was celebrated." To hon- our the new god still more, the Athenians at the same time changed the name of the festival of the Dionysia into that of Demetria, as tlie young prince was fund of hearing himself compared tu Dionysus. The Demetria mentioned by Athenaius" are probably the Dionysia. Respecting the oihei extravagant flatteries which the Athenians heaped upon Demetrius and Antigonus, see Athen., vi , p. 252 ; Herm., Polit. Ant. of Greece, i 175, n. 6, 7, and 8 ; and Thirlwall, iii'si. of Greece, vii., p. 331 DEMINU'TIO CAPITIS. [Vid. Caput.) DEMIOP'RATA {druuonpara, sc. irpuy/iaTa oi KT-fijiaTa) was property confiscated at Athens and sold by public auction. The confiscation of prop- erty was one of the most common sources of rev- enue in many of the Grecian states ; and Aristoph- anes'* mentions the drifiwn-para as a separate branch of the public revenue at Athens. An account of such property was presented to the people in the first assembly of every prytaneia ;" and lists of it were'posted upon tablets of stone in different pla- ). (BSckh, vol. 1., p. 212, transl.) —2. (Demosth., o. Kub., 1318.)— 3. (Bockh, 1. c.)— 4. (Nubes, 37.— TtiJ. Mitchell, ad 1« , — 5. (Wachsmutb, ii., part I, p. 32.)— ss of the demus, such as the leasing of its estates, the elections of officers, the revision of the registers or lists of Sij/ioTat, and the admission of new members. Moreover, each de- mus appears to have kept what was called a mVaf iKKhqaiadTLKo^, or list of those Srinorat who were entitled to vote at the general assemblies of the whole people. In a financial point of view, they supplanted the old " naucraries" of the four tribes, each demus being required to furnish to the state a certain quota of money and contingent of troops whenever necessaiy.' Independent of these bonds of union, each demus seems to have had its pecu- liar temples and religious worship (6ri/ioTiKu iepu'), Ihe oiiiciating priests in which were chosen by the iriiioTat ;' so that, both in a civil and religious point cf view, the demi appear as minor communities, whose magistrates, moreover, were obliged to sub- mit to a doiiijiaaia, in the same way as the public officers of the whole state. But, besides the magis- trates, such as demarchs and treasurers (rafiiai), elected by each parish, we also read of judges, who were called dlKaarai Kara, Sfifiovg ; the number of these officers, originally thirty, was afterward in- creased to forty, and it appears that they made cir- cuits through the different districts, to administer justice in all cases where the matter in dispute was not more than ten drachmae in value, more impor- tant questions being reserved for the SmmiTai.* We will now treat of the driiioTai,, or members of each demus, their privileges, and relations to the body corporate, of which they formed a constituent part. We aie told by Aristotle' that, on the first institution of the denii, Cleisthenes increased the strength of the d$/ior or commonalty by njaking m^ny new citizens, among whom are said to have been included not only strangers and resident for- eigners, but also slaves. His words are, TloXKov^ k^v'ksTevae ftVotif koX ( Sov'kmg ) fieroUovc. We strongly suspect, however, that iovXov; is an inter- polaiion. The admission of slaves would, we con- ceive, have been very unpopular. Now admission into a demus was necessary, before any individual could enter upon his full rights and privileges as an Attic citizen ; and though, in the first instance, ev- ery one was enrolled in the register of the demus in which his property and residence lay, this rela- tion did not continue to hold with all the d^/wvai ; for, since a son was registered in the demus of his real or adoptive father, and the former might change, his residence, it would often happen that the mem- bers of a demus did not all reside in it. Still this would not cause any inconvenience, since the meet- ings of each parish were not held within its limits, but at Athens.* No one, however, could purchase property situate within a parish to which he did not himself belong, without paying to the demarchs a fee for the privilege of doing so {tynrriniibv), which vvould, of course, go to the treasury of the parish.' Two of the most iniportant functions of the gen- eral assernblies of the demi were the admission of new raenbers and the revision of the names of ujeii*>Kj ilready admitted. The register of enrol- ment was called 'kri^iapxntov ypaii/iaTelov, because any person whose name was inscribed in it could enter upon an inheritance and enjoy a patrimony, the expression for which in Attic Greek was rijc 1 (Waoksmutli, « 83.)-2. (Paus., i., 31.— PoUui, Onom., fiii,, 108. )~3. (Demos'h., o. Eubul., 1313.)- 4. (Iludtwalcker p. 37.)^-6. (Polit., iii., 1;)— 6. (Demosth.,d. Eubul., 1302.)— 7 (Hockh, Publ. Econ. of Alhens, vol ii., p. 3. trattsl.) X^fcuf upxsiv : y^ayxfiveiv K^?/po^, bemg equivaiem to the Roman phrase adire heredilatem. These re. gisters were kept by the demarchs, who, with the approbation of the members of the demus assem- bled in general meeting, inserted or erased names according to circumstances, i'hus, when a youth was proposed for enrolment) it was competent foi any demote to object to his admission on the ground of illegitimacy, or non-citizenship by the side of ei. ther parent. The demotes decided on the validity of these objections under the sanction of an oath, and the question was determined by a majority of votes.' The same process was observed when a citizen changed his parish in consequence: of adop. tion.' Sometimes, however, a demarch was bribed to place, or assist in placing, on the register of q demus, persons who had no claim to citizenship.' To remedy this admission of spurious citizens (tts- peyypaTTToi), the diaijirifiaii was instituted, (Yid DiAPSEPHISIS.) Lastly, crowns and other honorary distinctions could be awarded by the demi in the same way as by the tribes. A decree of the demus of the Pel- raeus is given in Biickh,* by which certain privileges were granted to Callidamas of Chollidae : one of these was the exemption from the payment of the hyuTTiTiKov, , if he should acquire property; in that parish. The words are, Te/lefv de avrov rii aira TiXri hi T(i> 6^/jM uTTEp uv KoX Vieipaieii, Kal /oikM- , yeiv Trap' avrov rbv d^fiapxov to iyKtTjTiKov. The decree is taken from an inscription in Chandler.' {Yid. Demarchi.) DENA'RIUS, the principal silver coin amonglhe Romans, was so called because it was originally equal to ten asses ; but on the reduction of the weight of the as (serf. As), it was made equal to six- teen asses, except in military pay, in which it was Still reckoned as equal to ten asses." The denariua was first coined five years before the first Punic war, B.C. 269. (VicL. Argentum.) There were originally 84 denarii to a pound,' but subsequently 96. At what time this reduction was made in the weight of the denarius is uncertain, as it is not mentioned in history. Some have conjectured thai it was completed in Nero's time ; and Mn Hussey' justly remarks, that Suetonius' proves that 84 de narii went still to the pound about the year B.C. 50 ; since, if we reckon 96 to the pound, the pro- portion of the value of gold to silver is 7-8 to 1, which is incredibly low; while the value on tho other supposition, 8-9 to 1, is more probable. (Com- pare Aroentum, »it6_/!n.) BRITISH MUSEUM. ACTUAL SIZE, WEIGHT 606 «»a BRITISH MUSEUM. ACTUAL SIZE. WEIGHT 58'S OIH Mr. Hussey calculates the average weight of the d enarii coined at the end of the Commonwealth a* 1. (Demosth., o. Eubul., 1318.)— 2. (Isajus.De Apoll.IIicrBd. p. 66, 17.)— 3. (Demosth., c. Leoch., p. 1091.)--4. (1 c.)-S (1!., 108.)-0. (Plin., H. N., xxxiii., 13.)-7. (Plin., H.N xjjui., 46.— Celsus, v., 17, 4 1.)— 8. (Ancient Wewhtl. Ac., i. 137.)— 9 (Jul.. M > DENARIUS. DEPOSITUM. *a grains, ami those under the Empire at 52-6 grains. It we deduct, as the average, j'^-th of the weight for alloy from the denarii of the Common- wealth, there will remain 58 grains of pure silver ; and since the shilling contains 80'7 grains of pure 58 silver, the value of the best denarii will be 57^5, oU'7 of a shilling, or 8-6245 pence ; which may be reck- oned in round numbers Sid. If the same method of reckoning be applied to the later denarius, its value will be about 7-5 pence, or 7id.^ The Roman coins of silver went at one time as tow down as the fortieth part of the denarius, the teruncius. They were, the quinarius, or half dena- rius ; the sestertius, or quarter denarius {vii. Sester- tius) ; the libella, or tenth of the denarius (equal to the as) ; the sembclla, or half libella ; and the terun- cius, or quarter libella. The quinarius was also called victm-iatus,' from the impression of a (igure of Victory which it bore. Pliny' says that victoriati were lirst coined at Rome in pursuance of the lex Clodia, and that previous to that time they were imported as an article of trade from Ulyria. The Clodius who proposed this law is supposed to have been the person who obtained a triumph for his victories in Istria, whence he brought home a large sum of money,* which would fix the first coinage of the victoriati at Rome B.C. 177, that is, 92 years after the first silver coinage. If the denarius weighed 60 grains, the teruncius would only have weighed 1^ grs., which would have been so small a coin that some have doubted whether it was ever coined in silver, for we know that it was coined in copper. (Vid. As, p. 110.) But Varro' names it among the silver coins with the libella and sembella. It is, however, improba- ble that the teruncius continued to be coined in silver after the as had been reduced to y^th of the denarius ; for then the teruncius would have been j'jth of the denarius, whereas Varro only describes it as a subLlivision of libella, when the latter was ith of the denarius. In the time of Cicero, the hbella appears to have been the smallest silver coin in use ;' and it is frequently used, not merely to express a silver coin equal to the as, but any very small sum.' Gronovius,' however, maintains that there was no such coin as the libella when Varro wrote, but that the word was used to signify the tenth part of a sestertius. No specimens of the libella are now found. If the denarius be reckoned in value 8id., the other coins which have been mentioned will be of the following value : Pence. Farth. •53125 1'0625 2-125 -5 1 i 3 I Teruncius .... Sembella Libella Sestertius 2 Quinarius or Victoriatus . 4 Denarius ...... 8 It has been frequently stated that the denarius is equal in value to the drachma, but this is not quite correct. The Attic drachma was almost equal to 9|i., whereas we have seen that the denarius was but little above Sid. The later drachmffi, however, appear to have fallen off in weight ; and there can be no doubt that they were at one time nearly enough equal to pass for equal. Gronovius has given all tlva authorities upon the subject in his De Sestsrtiis.' The earliest denarii have usually, on the obverse, tho head of Rome with a helmet, the Dioscuri, or the head of Jupiter Many have, on tlic revertui chariots ilrawn by twi or four horses (bigiE, quadri- ga),- whence they are called respectively bigali anu quadrigati, so. nummi. (Fai. Bigaths.) Some de- narii were called serralij^ because their edges vpere notched like a saw, which appears to have been done to prove that they were solid silver, and not plated. Many of the family denarii, as those of the ^lian, Calpurnian, Papinian, Tullian, and numer- ous other families, are marked with the numeral X, in order to show their value. Pliny'' speaks of the denarius aureus. Gronovius' says that this coin was never struck at Rome ; but there is one of Augustus in the British Museum, weighing 60 grains, and others of less weight. The average weight of the common aureus was 120 grains. (,Vid. Aueum, p. 129.) In later times, a copper coin was called denarius.* ■ *DENDRACHA'TES {Ssv^paxurns), a species of Agate, the veins of which resemble a small tree. It is our Dendritic agate. A description of it is given in the Orphic poem under the name of axdrrn devdfy^etQ.^ *DENDROLIB'ANUS- (dcvSpoTiiSavog), a term occurring only in the Pharmaceutical work of My- repsus. It is applied to the Rosemary.' *AENAPT*'IA KEPAT'INA (dsvdpvfia Kepan- va), apparently, says Adams, a kind of Coral. It is mentioned by Theophrastus.' Stackhouse conjec- tures it to be the Gorgonia nobilis, or Red Coral.' DENTIFRI'CIUM {bdovrdTpi/Jiia), a dentrifice or tooth-powder, appears to have been skilfully pre- pared and generally used among the Romans. A variety of substances, such as the bones, hoofs, and horns of certain animals, crabs, egg-shells, and the shells of the oyster and the murex, constituted the basis of the preparation. Having been previously burned, and sometimes mixed with honey, they were reduced 'to a fine powder. Though fancy and superstition often directed the choice of these in- gredients, the addition of astringents, such as myrrh, or of nitre and of hartshorn ground in a raw state, indicates science which was the result of experi- ence, the intention being not only to clean the teeth and to render them white, but also to fix them when loose, to strengthen the gums, and to assuage tooth- ache.' Pounded pumice was a more dubious arti- cle, though Pliny'" says, " Ulilissimafiunt ex his dim- DEPENSI ACTIO. (Vid. Sponsoe.) DEPORTA'TIO. (Fi(i. Banishment, Roman.) DEPO'SITI ACTIO. (Vid. Depositum.) DEPO'SITUM. A depositum is that which is given by one man to another to keep until it is de- manded back, and without any reward for the trouble of keeping it. The party who makes the depositum is called deponens or depositor, and he who receives'the thing is called depositarius. The act of deposite may be purely voluntary, or it may be from necessity, as in the case of fire, shipwreck, or other casualty. The depositarius is bound ta take care of the thing which he has consented to receive. He cannot use the thing unless he has permission to use it, either by express words or by necessary implication. If the thing is one " quae usu non consumitur," and it is given to a person to be used, the transaction becomes a case of.locatio and conductio {vid. Looatio), if money is to be paid for the use of it ; or a case of commodatura (vid. Commodatum), if nothing is to be paid for the use. If a bag of money not se.iled up is the subject of 1. (HuMev, p. 141, 142.)— 2. (Cic, Pro F ,nt., 5.)— 3. (H. N., Miiii., 13.)— I. (Liv., xli., 13.)— 5. ( Viirro, De Ling. Lat., v., 174, ed. Mulier.)- 6. (Cic, Pro Rose. Com., c. 4.)— 7. (Plant., Cas., 11., v., 7.— Capt., V., i., 27.)— 8. (Do Sestertiia, ii 2.)- -9. (iii., 2.) 1. (Tact., Germ., 5.)— 2. (H. N., xxxiii., 13.)— 3. (De Sca- teitiia, iii , 15.) — 4. (Ducange, s. v. Denarius.) — 5. (Phn., H. N., xxxvi;-., 54. — Orpb., Lith., v., 230. — Moore's Ane. Mineral., p. 178.) — 6. (Adams, Append., a. v.) — T. (II. P„.i:V., 8;).— 8. (Adams, Append., s. t.) — 9. (Plin., II. N.,xxviii.,40 ; xxxf.,4G; xxxii., 21, 26.)— 10. (xxxvi., 43.) 349* DESULTOR. DIADEMA. tiie depositum, and the depositarius at any time asks for permission to use it, the money becomes a loan (vid. Mdtcum) from the time when the per- mission is granted ; if.the deponens proffers the use of the money, it becomes a loan from the time when the depositarius begins to use it. If money is de- posited with the condition that the same amount be returned, the use of it is tacitly given ; but the depositum does not therefore become mutuum. If the depositum continues purely a depositum, the depositarius is bound to make good any damage to it which happens through dolus or culpa lata ; and he is bound to restore the thing on demand to the deponens, or to the person to whom the deponens orders it to be restored. The remedy of the depo- nens against the depositarius is by an actio depositi directa. The depositarius is entitled to be secured against all damage which he may have sustained through any culpa on the part of the deponens, and to all costs and expenses incurred by his charge ; and his remedy against the deponens is by an actio depositi contraria. The actio was in duplum if the deposite was made from necessity ; if the deposi- tarius was guilty of dolus, infamia was a conse- quence.' DESERTOR is defined by Modestinus to be one " qui per prolixum tempus vagatus, reducitur," and differs from an cmansor " qui diu vagatus ad castra egredilur."" Those who deserted in time of peace were punished by loss of rank, corporeal chastise- ment, fines, ignominious dismission from the ser- vice, &c. Those who left the standards in time of war were usually punished with death. The trans- fuga, or deserters to the enemy, when taken, were sometimes deprived of their hands or feet,' but gen- erally were put to death.* DESIGNA'TOR. ( Vid. Fdnob.) DESMOTE'RION (deo-^ur^ptov). {Vid. Caxcee.) DESPOSIONAU'TAI {Seai^oaLovavTai). (Vid. CiviTAs. Greek.) DESUIiTOR {u.jj.^i.iz'Ko^, avaSuT^Ct ,c£TaiaTi;f), a lider. Although riding on horseback is never men- tioned among the martial exercises of the early Greeks, it was often practised by them as a swift and easy method of conveyance from place to place ; and that they had attained to great skill in horse- manship is manifest from a passage in the Iliad, ^ describing a man who keeps four horses abiesst at full gallop, and leaps 'from one to another, amid a crowd of admiring spectators. The Roman desul- tor generally rode only two horses at the same time, sitting on them without a saddle, and vaulting upon either of them at his pleasure.' He wore a hat or cap made of felt. The taste for these exercises was carried to so great an extent, that young men of the highest rank not only drove big» and quadriga; in the circus, but exhibited these feats of horseman- ship.' Besides performing publicly for the amuse- ment of the spectators, the Roman riders were em- ployed to convey messages with the greatest pos- sible despatch, relieving either horse, when fatigued, by vaulting upon the other.' Among other nations, this species of equestrian dexterity was applied to the purposes of war. Livy mentions a troop of horse in the Numidian army, in which each soldier was supplied with a couple of horses, and in the heat of battle, and when clad in armour, would leap with the greatest ease and celerity from that which was wearied or disabled upon the back of the horse which was still sound and fresh.' The Scythians, I. (Dig. J6, tit. 3. — Cic, Off., i., 10.— Juv., Sat., xiii., 60.— Diiluien, tj»,bersicht, &c., p. 597.)— 2. (Dig. 49, tit. 16, s. 3.)— 3. (Liv., iTTi., 12.)---4. (Lipsius, De Milit. Rom-, iv., 4.) — 5. (IV., 679-6S4.)— 6. (Isidor., Orig., xyiii., 39.) — 7. (Suet., Jul., 39.— Compare tho articlj ClKCUS, p. 256.) — 8. (Hygiu., Fab., 80.)— a (xiiii.,3f) 3.53 Armenians, and some of the Indians, were skillec in the same art. The annexed woodcut shows three figures of de sultores, one from a bronze lamp, published by ^ar toli,' the others from coins. In aU these the riJe: wears a pileus, or cap of felt, and his horse is wiln- out a saddle ; but these examples prove that he had the use both of the whip and the rein. On the coins we also observe the wreath and palm-branoh as ensigns of victory. DETESTA'TIO SACRO'RUM. {Vid. Saora,; DEVERSO'RIUM. {Vid. Caupona.) DEUNX. {Vid. As, p. 110.) DEXTANS. (Fid. As, p. 110.) DIADE'MA {Siudri/ia), a white fillet used to en- circle the head {fascia alba'). The invention of this ornament is by Pliny" at- tributed to " Liber Pater." Diodorus Siculus adds,' that he wore it to assuage headache, the conse- quence of indulging in wine. Accordingly, in works of ancient art, Bacchus wears a plain bandage on his head, as shown in the woodcut at p. 208. Whether we reject or admit the conjecture of Diodorus, we may safely consider the diadem, even in its simplest form, as a decoration which was properly Oriental. It is commonly represented on the heads of Eastern monarchs. Justin' relates that Alexander the Great adopted the large diadem of the kings of Persia, the ends of which fell upon the shoulders, and that this mark of royalty was preserved by his successors." Antony assumed it in his luxurious intercourse with Cleopatra in Egypt.' jElian says' that the kings of that coon- try had the figure' of an asp upon their diadems. In process of time, the sculptors placed the dia- dema on the head of Jupiter, and various other di- vinities besides Bacchus (see examples at p. 346, 292), and it was also gradually assumed by the sovereigns of the Western world. It was tied bo- hind in a bow ; whence Tacitus' speaks of the Eu- phrates rising in waves " white with foam, so as to resemble a diadem." By the addition of gold anJ gems," and of pearls from the Erythrean Sea," and by a continual increase in richness, size, and splen- dour, this bandage was at length converted into the crown which has been for many centuries the badge 1. (Antiche Lucerne Sepolcrali, i., 24.)— 2. (Val. Max.,Ti.|l 7.) — 3. (H. N., Til., 57.)— 4. (iv., p. 250, eU. Wesseling.)— * (xii., 3.)— 6. (See also Lucian, Dial. Diog. et Alex.)— 7. (Flo> rus, iv., 11.1— 8. (V. II., vi., 38.) — 9. (Ann., vi., 87, S.)— W ft«i.lor.. Oris., xix:, 31.)— 11. (Claud., Epithal.) UIjETETICA. DLETETICA. 01 sovereignty it modern Europe. It must have been merely in jt^e that the surname of Diadema- tus was given to L. Metellus, who, in order to con- ceal an ulcer, had his head for a long time surround- ed with a bandage.' DIABATE'RIA {Siaiarfipia) was a sacrifice of- fered to Zeus and Athena by the Kings of Sparta upon passing the frontiers of LacedBemon with the command of an army. If the victims were unfa- vourable, they disbanded the army and returned home." DIADICAS'IA {diadiKaaia), in its most extended sense, is a mere synonyme of 6U^ : technically, it denotes the proceedings in a contest for prefer- ence between two or more rival parties ; as, for instance, in the case of several claiming to succeed as heirs or legatees to the estate of a deceased per- son. Upon an occasion of this kind, it will be ob- served that, as all claimants are similarly situated with respect to the subject of dispute, the ordinary classification of the litigants as plaintiffs and de- fendants becomes no longer applicable. This, in fact, is the essential distinction between the proceedings in question and all other suits in which the .parties appear as immediately opposed to each other ; but, as far as forms are concerned, we are not told that they were peculiarly characterized. Besides the case above mentioned, there are several others to be classed with it in respect of the object of pro- ceedings being an absolute acquisition of property. Among these are to be reckoned the claims of pri- vate creditors upon a confiscated estate, and the contests between informers claiming rewards pro- posed by the state for the discovery of crimes, &,c., as upon the occasion of the mutilation of the Her- mae^ and the hke. The other class of causes in- eluded under the general term consists of cases like the antidosis of the trierarchs {vid. Antwosis), con- tests as to who was to be held responsible to the state for public property alleged to have been trans- ferred on one hand and denied on the other,* and questions as to who should undertake a choregia, and many others, in which exemptions from person- al or pecuniary liabilities to the state were the sub- ject of claim by rival parties. In a diadicasia, as in an ordinary di'/ciy, the proper court, the presiding magistrate, and the expenses of the tri^, mainly depended upon the peculiar object of the proceed- ings, and present no leading characteristics for dis- cussion under the general term." DIAD'OSEIS (rfjffldoCTEif). (Fid. Dianomai ) DlyETA. {Vid. House.) DI.^TE'TICA or DI^TE'TICE (6tatniTiK^), one of the three principal branches into which the ancients divided the art and science of medicine. ( Vid. Medicina.) The word is derived from diaira, which meant much the same as our word diet. It is defined by Celsus' to signify that part of medi- cine qua victu medetur, " which cures diseases by means of regimen and diet ;" and a similar expla- nation is given by Plato.' Taken strictly in this sense, it would coirespond very nearly with the modern dietetics, and this is the meaning which (as far as the writer is aware) it always bears in the earlier medical writers, and that which will be ad- hered to in the present article ; in some of the later authors it seems to comprehend Celsus's second grand division, ^apjiaKmi-iKri, and is used by Scri- bonius Largus' simply in opposition to chirurgia, so as to answer exactly to the province of our physi- 1. (Plin., H. N., xxxiv., 8. )— 2. (Xen., De Hop. Lac, xi., 2. — Thucyd., v., 54, 65, 116.— Wachsmuth, II., i., p. 391.)— 3. Andoc, 14.) — 4. (us in Dem., c. Everg. etMiies.)— 5. (Plainer, Process und Kla^en, li , p. 17, s. 9.) — 6. (De Medic, Pr at his house in the country,'" says, ^' Accubuit, tfitTiiajv agebat, itaque et edit et bibit uSeag et ju- r.undp. :" and this seems to have been considered a sort of compliment paid by Csesar to his host, as it intimated a resolution to pass the day cheerfully, and to eat and drink freely with him. He is repre- sented as having done tiie same thing when he was entertained by King Deiotarus." The glutton Vi- tellius IS said to have preserved his own life by con- itant emetics, while he destroyed all his compan- ions who did not use the same precaution," so that one of them, who was prevented by illness from •lining with him for a few days, said, "I should '■iirtainly havn been dead if I had not fallen sick." Rzen women, after bathing before supper, used to drink wine and throw it up again, to sharpen their nppetite [Falerni] " sextarius alter Ducitur ante cibum, rabidam facturus orexim:"^' t (De Morh Chron., lib. iii., c. 7, p. SSe.j-^Z. (Hiet. de la M6d.) — 3. (PBeudo-IIippocr., De Vict. Rat., lib. iii., in fin.) — 4. (1:., SO.)— 5. (Gen., xliii., 34.— Cant., v., 1 ; and perhaps Gen., ir., 91.)— 6. (Compare Celsus, De Medic, i., 3, p. 31, ed. Ar- gent.)— 7. (De Rat. Vict, in Moib. Acut., p. 62.)— 8. (lib. iii., p. 710.)— 9. (De Medic, i., 3, p. 28.)- 10 (Ibid., p. 29.)— 11. (IbjJ., p. 27.)— 12. (See also Plin., H. N., xjcvi., 8.)— 13. (ad Att., liii., 52.)— 14. (Cic, Pro Deiot., o. 7.)— 15. (Suet., Vitcll., u 13.-Dion Cas«., kv., 2.)— 16. (Juv., Sat., vi., 427, 428.) 353 so that it might truly be said, in the strong !angaag» of Seneca,! "Vomunt, ut edant ; edunt, ut to. mant."^ By some the practice was thought so ef- fectual for strengthening the constitution, that i( was the constant regimen of all the athletae, or pro fessed wrestlers, trained for the pubhc shows, iij order to make them more robust. Celsus, howev. er,' warns his readers against the too frequent use of emetics without necessity, and merely for luxury and gluttony, and says that no one who has any re- gard for his health, and wishes to live to old age, ought to make it a daily practice.* DIAGR'APHEIS (dtaypaipetg). ( Vid. EisPHoni ) - DIAITE'TAI (diaiTTiTai): The StacTr/Tal, or ar- bitrators mentioned by the Athenian orators, were of two kinds ; the one public, and appointed by lot iK'KripaToi), the other private, and chosen (alperoi) by the parties who referred to them the decision of a disputed point, instead of trying it before a court of justice ; the judgments of both, according to Aristotle, being founded on equity rather than law {6 yap dtaiTTjTjj^ to kTriettec; 6pa^b 6h dtKUGTrji; tovvo- fiov'). We shall, in the first place, treat of the dmi- TTiTal Kkriparoif following, as closely as possible, the order and statements of Hudtwalcker in his treatise " Ueber die Sffentlichen und PHvat-SchiedsrichterDid- teten in Athen, und den Process vor denselben." According to Suidas,' the public diaiTijral were required to be not less than 50 years of age; ac- cording to Pollux' and Hesychius, not less than 60 With respect to their number there is some difficul ty, in consequence of a statement of Ulpian,' ac- cording to which it was 440, i. e., 44 for each tribe (Vffav 6e reaffapeg ■ Kal TeatJapaKovra, icad' .ifcdavjii (pv?i^). This number, however, appears so unne- cessarily large, more especially when it is consid ered that the Attic orators frequently speak of only one arbitrator in each case, that some writers have, with good reason, supposed the reading should be, i;aav 6e TsaaapuKovTa, riaaape^ k. L . At any rate, litigious as the Athenians were, it seems that 4(1 must have been enough for all purposes. The words ku8' kndarriv fuXriv imply that each tribe had its own arbitrator ; an inference which is supported by Demosthenes,' where he speaks of the arbitrators of the CEneid and Erectheid tribes; as well as Iry Lysias,'" who, in the words Trpoo/fAf/ad/i?- vog avTov ' irpog roitg r^ 'iTTTzodouvTidt. diicd^ovra^, is thought to allude to the diaiTr/Tat of the Hippothoon- tid tribe. With regard to the election of these offi- cers, it is doubtful whether they were chosen by the members of the tribe for which they adjudicated, ot in a general assembly of the people. Hudtwalcker inclines to the latter supposition, as being- more probable ; we do not think so ; for it seems just as likely, if not more so, that the four afoitrators of each tribe were chosen in an assembly of the tribe itself Again, whether they were appointed for life, or only for a definite period, is not expressly men tioned by the orators ; but as none of the Athenian magistrates, with the exception of the Areiopagites, remained permanently in office, and Demosthenes" speaks of the last day of the 11th month of the year as being the last day of the fSjatTiyrai (7 reXev- raid, iifiepa Tdv diaLTriTav); it seems almost certain that they were elected for a year only. The onlj objection to this conclusion arises from a statement in a fragment of Isaeus," where an arbitrator ia spoken of as being engaged on a suit for two years {Si)o Irri rov diatrriTov Tijv tStKr/v l;fovrof ) ; if, howev- er, we admit the conjectural reading tui' diaiTriTuv, 1. (Cons, ad Hclv., 9 ■ 10.)— 2. (Coninaro Seneca, Do Provirl., o. 4, ti 11 .—Id., Ej.ist., 95, t 21.)— 3. (1. c,p. 28.)^4. (See Mid- dleton's I^ife of Cicero. — Casaubon ad Suet., 1. c.)- 5. (Rhet . i., 13.)- 6. (s. V.)— 7. (viii., 128i)— B. (Demosth., e. Moid, 543, 15 )-9. cEuers, 1142,25.)— ]D,(c. Pane!., 731.)— 11. (cMeiil.. 542, 15.J— 12. ,• 361,ed. Reiske.) DIAIIETAI UIAITE'I-AI the meaning would be in accordance with what we infer from other authorities, and would only imply that the same cause came before the arbitrators of two different years, a case which might not unfre- quer.'.ly happen ; if, on the contrary, the reading of the text is correct, we must suppose that it was sometimes necessary or convenient to re-elect an arbitrator for the decision of a particular case. After discussing this subject, Hudtwalcker raises liiiiiii the question whether or not the public diaiTrjTai took any general oath before entering upon their du- ties. The point is not one of great importance, and therefore we shall only observe that such a guaran- tee would seem to be unnecessary ; for we read of their taking oaths previous to giving judgment in the particular cases which came before them.' From this circumstance we should infer that no oath was Bxacted from them before they entered upon office : Hudtwalcker is of the contrary opinion, and sug- gests ihat the purport of their oath of office {amt- seid) was the same as that of the Heliastic oath given by Demosthenes." The diatriiTai of the different tribes appear to have sat in different places ; as temples, halls, and courts of justice, if not wanted for other purposes. Those of the CEneid and the Erectheid tribes met in the heliaea;^ we read of others holding a court in the delphinium,* and also in the arou. ■Koiicii.rj.^ Again we are told of slaves being examined by the Siairrirai, sitting for that purpose, under the appel- lation of fiaaaviarai (vid. Basanos), in the hephais- teium, or Templeof Hephaistos.' Moreover, we are told of private arbitrators meeting in the Temple of Athena on the Acropolis ; and, if the amended reading of Pollux' is correct, we are informed by him, in general tenns, that the arbitrators formerly held their courts in the temples (Atprov h hpotc irakcL). Ilarpocration also' contrasts the dicasts with the arbitrators, observing that the former had regularly appointed courts of justice (u7ro(!ei5fiy- Another point of difference was the mode of pay- ment, inasmuch as the dicasts received an allow- ance from the state, whereas the only remuneration of the diaiTTiTai was a drachma deposited as a vap- aaraaiq^ by the complainant on the commencement of the suit, the same sum being also paid for the tiv- raiioaia, and every inujioaia sworn during the pro- coedings.'" The Trapaaraaig of which we have been speaking is the same as the Spaxii^ tov Mnro/iaprupiov men- tioned by Demosthenes." The defendant in this ;ase had failed to give evidence as he ought to have done, and therefore the plaintiff commenced proceedings against him for this arbitrary neglect before the arbitrators in the principal suit, the first step of which was the payment of the jTapdaraais. The public arbitrators were vn-evOvvoi, i. c, every one who had, or fancied he had, a cause of com- plaint against them for their decisions, might pro- ceed against them by ciaay^eAia, or information laid before the senate. For this purpose, says Ul- pian, whose statement is confirmed by Demosthe- nes" in the case of Straton, the public diastetae were, towards the close of their year of office, and during llje latter days of the month Thargelion, required to present themselves in some fixed place, probably near the senate-house, that they might be ready to mswer any charge brought against them, of which I. (IsffiUS, De Dicffiog. HeTe(l.,p. 54. — Demosth., c. Callip., p. IS44.)— 2. (0. Timocr., 747.)— 3. (Demosth., c. iluovs., 1142, JS.)_4. (Id., noeot., ii., 1011.)— 5. (Id., c. Steph., i., 1106.)— 6. (Isocr., Tp«ir£?.,361, 21,ed. Beliker.)— '. (Onom., viii., 120.) —8. (s. V.)— 9. (Pollux, Onom., viii., 39.)— 10. (Pollux, viii., 39 and 127. — Harpocr., a. v. — Compare S5ckh, vol. ii., p. 207, 'lansl.)— II. Ic. Timoth., 1190.)— 12. (c. Meid.) Y •, they received a previous notice. The piinishiiieiit, in case of condemnation, was ati/iia, or the loss of civic rights. Harpocration,' however, informs ua that the daayyeXia against the arbitiators wan brouglit before the dicasts or judges of the regular courts ; but this probably happened only on appeal, or in cases of great importance, inasmuch as the jiovXtt could not inflict a greater penalty than a fin'3 of 500 drachmse with un/^ia. We may now discuss the competency of the dife- tetae, i. c, the extent of their jurisdiction, with re- spect to which Pollux'' states, that in former times no suit was brought into a court before it had beer, investigated by the diaetetse {TruXai avdejiia Slkti ■Kplii km dici,Tr)Tu.g iXffeiv dariyeTo). There can be but little doubt that the word nakai here refers to a time which was ancient with reference to the age of the Athenian orators, and therefore that this pre- vious investigation was no longer requisite in the days of Demosthenes and his contemporaries. Still we find the diaetetae mentioned by them in very many cases of civil actions, and it is not unlikely that the magistrates, whose duty it was to bring ac- tions into court {eiadyciv), encouraged the process before the arbitrators, as a means of saving the state the payment which would otherwise have been due to the dicasts.- Hudtwalcker is accord- ingly of opinion that the diaetetae were competent to act in all cases of civil action for restitution or com- pensation, but not of penal or criminal indictments lypatjiai) ; and, moreover, that it rested with the com- plainant whether his cause was brought before then? in the first instance, or sent at once to a highei court of judicature.* But, besides hearing cases of this sort, the dtan ri rai sat as commissioners of inquiry on matters r.f fact which could not be conveniently examined in a court of justice,' just as what is called an "issue" is sometimes directed by our own Court of Chan eery to an inferior court, for the purpose of trying a question of fact, to be determined by a jury. Either party in a suit could demand or challenge {irpoica- lelaBm) an inquiry of this sort before an arbitra- tor, the challenge being called Trp6K?L7iai; : a term which was also applied to the " articles of agree- ment" by which the extent and object of the inqui- ry were defined." Many instances of these npo- Kkiiaii^ are found in the orators ; one of the most frequent is the demand or offer to examine by tor ture a slave supposed to be cognizant of a matter in dispute, the damage which might result to the own- er of the slave being guarantied by the party who demanded the examination.' See also Demosthe- nes,' who observes ihat the testimony of a slave, elicited by torture, was thought of more value by the Athenians than the evidence of freernen. (Firf. Basanos.) Another instatice, somewhat similar to the last, was the vrpoK/t,^j«f «f /laprvpiav,' where a party proposed to his opponent that the decision of a disputed point should be determined by the evi- dence of a third party.'" Sometimes, also, we read of a nponXjicig, by which a party was challenged to allow the examination of documents, as wills," deeds, hankers' books, &c.'" It is manifest that the forms and objects of a Trpo/c/^T/fftf would vary according to the matter in dispute, and the evidence which was producible; we shall therefore content ourselves with adding that the term was also used when a party chal- lenged his adversary to make his allegation under 1. (s. T.)— 2. (viii., 126.)— 3. (BBolih, vol. i., p. 317, traiisl.l- 4. (DemoBtli., c. Androt., 601, 18.) — 5. (Demost)!., c. Stejlli,. 1106.)— 6. (Demosth., c. Hesr., 1387.) — 7. iHarpocr., s. t HpiiirAiiiiij.)— 8. (Onetor, i, 874.)— 9. (Pollux, viii., 62.)- 10 (Antiphon., de Choreut., p 144, ed. Bokker.) — 11. (D?mo9th.,i> Steph., 1104.>— 12. (Id., c Timolh., 1197, i ' an-' UIAITETAI. DIAITETAl the sanction of an oath, or offered to idake his own statements under the same obligation.' The presumption or prepossession which might arise from a voluntaiy oath in the last case, might be met by a similar TTfmic'Kiiaif, tendered by the op- posite parly, to which tlie original challenger ap- pears to have had the option of consenting or not, as he might think proper.' fn all cases where any of these investigations or depositions were made be- fore the diaitetae, we - may conclude with Hndt- walcker,^ that they might he called as witnesses in subsequent stages of the action, either to state the evidence they had taken, or to produce the docu- ments they had examined, and which were depos- ited by them in an echinus (Vid. Appellatio, Greek.) We will now speak of the proceedings in the trials before the pubHc arbitrators ; these were of two sorts : Ist. When two parties agreed by a regu- lar contract to refer a matter in dispute to a judge or judges selected from them. 2dly. When a cause evas brought before a public arbitrator, without any such previous compromise, and in the regular course of law. The chief difference seems to have been that, in case of a reference by contract between two parties, the award was final, and no appeal could be brought before another court, though the unsuc- cessful party might, in some instances, move for a new trial {rrjv juj ovaav uvTiXaxelv*). Except in this point of nori-appeal, an arbitrator who was selected from the public dtat-riTai by litigant parties, seems to have been subject to the same liabilities, and to have stood in the same relation to those parties as an arbitrator appointed by lot : the course of pro- ceeding also appears to have been the same before both,' an account of which is given below. It must, however, be first stated, that there are strong reasons in support of .Hndtwalcker's opinion, that whenever a suiter wished to bring an action before one or more of the public diaatetse, he applied to one of the many officers called ciaayuyei^,' whose duty it was to bring the cause (eiadyciv) into a proper court. By some such officer, at any rate, a requi- site number of arbitrators was allotted to the com- plainant, care being taken that they were of the same tribe as the defendant.' Pollux' informs us that if a SiaiTr/Hj; refused to hear a cause, he might be punished witli uTLfiia : but it appears that under extraordinary circumstances, and after hearing the case, a diaetetes sometimes refused to decide him- self, and referred the parties to a court of justice {oiiK uniyvu Tf/g SUric, (OX tav^ Xtruvia,^" IjiuTta SiafaivovTo'-'^), they were probably inade of muslin and not of silk, which is supposed to be the matericil of which the Coae vestes wcra made. , (FJrf.. Coa Vestis.)" DIAPSE'PHISIS (diafij^LBii), a political institu- tion at Athens, the object of which was to prevent aliens, or such as were the offspring of an unlawful !■ (Do DiciEo^. Hereil., p. 54, eu. Ee]£k.)^2. (IsQcr., c. Call., .fla, eil. Betk.)— 3. (Demo^th., c. Phonn., 912.)— 4. (Isocr., o. Call., 375, ed. Bekk.— Demoath., c, Apat., 81)7.:— 5. (P- IS, ed, Miiller.) -^ fi (Demosth., c. Meid., 50.) — 7. (ZSomostl , c. ipheb,, 862.) — 8. (Demosth., c. Criliii., 1240, S2.) — « ifle- mo«th., c. Callip., 1244, 14.— Id., c. Meid., 542, 14 ) 1, (riatper, i., IBO.^Dcmosth., a. Looch., 1098, 12.)^a. (Msier, Alt. Process, 640.)— 3. (Platner, i., 163.)— 4. (Pans., iij., 16, 6,)— 5. (Pint., Lye, 18.— Instit. Laced., p. 244.— Cic, Tusp, QuiE8t.,v., 27,)— 6. (Aristid., 17,)-7. (Compave Mulls!\. Porians, ii,, 9, tf 6, note k, and iv,, 5, fy 8, note c. — Manso, Spar ta, i:, 2, 183.)— 8. (Aristoph., Vesp., 715.)— 9. (Bockh, PuhV Econ., i., p. 889.]— 10. (Aristoph., Lysistr., 48.)— il.,(Pl]iloiD. Fragm., p. 387, ed. Mcineke.)— 12. (Bekker, Cha.-ikles, ii., t 341.) 335 IMAPSEPHISIb marriage, from assuming the rights of citizens. As usurpations of this Ivind were not uncommon at Athens,' various measures had been adopted against them {vid. Graphaixenias and Doroxenias) ; but as none of them had the desired effect, a new meth- od, the 6ia\p^iai(, was devised, according to which the trial on spurious citizens was to be held by the demota:, within whose deme intruders were sus- pected to exist ; for if each deme separately was kept clear of intruders, the whole body of citizens would naturally feel the benefit. Every deme, there- fore, obtained the right or duty at certain times to revise its lexiarchio registers, and to ascertain whether any had entered their naines who had no claims to the rights of citizens. The assembly of the demotae, in which these investigations took place, was held under the presidency of the de- march, or some senator belonging to the deme ;' for, in the case brought forward in the oration of Demosthenes against Eubulides, we do not find that he was demarch, but it is merely stated that he was a member of the povl^. When the demotae were assembled, an oath was administered to them, in which they promised to judge impartially, without favour towards, or enmity against those persons on whom they might have to pass sentence. The pres- ident then read the names of the demotas from the register, aslting the opinion of the assembly {iiailiii- ij)i^ea6aL) respecting each individual, whether they thought him a true and legitimate citizen or not. Any one, then, had the right to say what he thought or icnew of the person in question ; and when any one was impeached, a regular trial took place.' Pollux* says that the demota; on this occasion gave their votes with leaves, and not with pebbles, as was usual ; but Demosthenes simply calls them f^tjioi. If a person was found guilty of having usurped the rights of a citizen (airiyipTi^il^eodat), his name was struclc from the lexiarchic register, and he himself ivas degraded to the rank of an alien. But if he did not actpiiesce in the verdict, but appealed to the great courts of justice at Athens, a heavier punish- ment awaited him, if he was found guilty there also ; for he was then sold as a slave, and his property was confiscated by the state.' If by any accident the lexiarchic registers had been lost or destroyed, a careful scrutiny of the same nature as that described above, and likewise called Siaip^ijiKTic, took place, in order to prevent any spurious citizen from having his name entered in the new registers.* It is commonly believed that the 6iaip7J(j>iai( was introduced at Athens in B.C. 419, by one Demophi- lus.' But it has justly been remarked by Siebelis on Phitoehorus,* that Harpocration,' the apparent authority for this supposition, cannot be interpreted in this sense. One iimjiii^iai^ is mentioned by Plu- tarch" as «arly as B.C. 445. Clinton" has, more- over, fshowti that the Sta-ip^ipicig mentioned by Har- pocration, in the archonship of Archias, does not belong to B.C. 419, but to B.C. 347. Compare Hermann ;" and Schomann," whose lengthened ac- count, however, should be read with great care, as lie makes some statements which seem to be irrec- oncilahle with each other, and not founded on good aatfeerity. The source from which we derive most .iiforuiatioti on this subject is the oration of Demos- thenes against Euliulides. 1. (Rut, Perid»,S7. — Harpocr., s. v. Tlaraiids.) — 2. (Harpocr., s. V. AftfiapxoS')~-^' (Demosth., c. Euliul., p. 1302. — .ffischin., De Fals. Leg., p. 345.)— 4. (Onom.,viii., 18.)— 5. (Dionys. Hal., De Isseo, c. 16, p^ 617, ed. Keislce. — Argument, od Demosth., c, Subid.)— 4. (Demosth., 1. c, p, 1306.)— 7. (SchSmann, De Co- mitiis, p. 358, transl. — Wachsmuth, Hellen. Alterth., ii., 1, p. 32.) — S. (Frngm,, p. 61.)—!). (s. V. Aiai^l70iins.)— 10. (Pericl., 37.) —11. (I last. Hell., ii., p. Ml.)-12. (Manual of the Pol. Ant. of Qieece. t 1«3, n. 14, (be.) '13 (L c.) 35B DICASTERION. DIASIA (Aidma), a great festival celebrated al Athens, without the walls of tbp citv (ifw i^f j«. Xcuf), in honour of Zeus, suriiamed MetXixto;} The whole people took part in it, and the wealthiei citizens offered victims [iepeta), while the poorei classes burned such incensn as their country fm- nished {-Sv/iaTa t^Kixupi-a), which the scholiast on Thucydides erroneously explains as cakes in tli« shape of animals." The diasia took place in the latter half of the month of Anthesterioii,' with feast ing and rejoicings, and was, like most other festi- vals, accompanied hy a fair.* It was this festival at which Cylon was enjoined l.'y an oracle to take possession of the acropolis of Athens ; but he mis- took the oracle, and made ,the attempt during the celebration of the Olympian games.' The etymol- ogy of 6ta.aia, given by most of the ancient gram- marians (from Aidf and uarj), is false ; the name is a mere derivative from diof, as 'k-noTjMvta from 'AttoWuv. DIAULOS. {Vid. Stadiom.) DIAZO'MA. ( Fiii. Sdbligaoulum.) DICASTE'RION {SmaaT^piov) indicates both tn.i aggregate judges that sat in court, and the place it self in which they held their sittings. For an ac count of the former, the reader is referred to thf article Dicastes ; with respect to the latter, oui information is very imperfect. In the earher ages there were five celebrated places at Athens set apart for the sittings of the judges, who had cogni- zance of the graver causes in which the loss of hu- man life was avenged or expiated, viz , the areiopa- gites and the ephetse. These places were the Arei- opagus {vid. Akeiopagus), and the iTrMIa/l^adiV, ^iti As?i,(j>tvi(j, im Jlpviavela, and kv ^pearTot. The an- tiquity of these last four is sufficiently vouched for by the archaic character of the division of the caus. es that were appropriated to each : in the first we are told that accidental deaths were discussed ; in the second, homicides confessed, hut justified; in the third there were quasi trials of inanimate things, which, by falling and the like, had occasioned a loss of human life ; in the fourth, homicides who had returned from exile, and committed a fresh man- slaughter, were appointed to be tried. With respect to these ancient institutions, of which little more than the name remained when the historical age commenced, it will be sufficient to observe that, in accordance with the ancient Greek feeling respect ing murder, viz., that it partook more of the nature of a ceremonial pollution than a political offence, the presiding judge was invariably the king archon, tlie Athenian rex sacrorum ; and that the places , in which the trials were held were open to the sky, to avoid the contamination which the 'judges might incur by being under the same roof with a murder- er.' The places, however, remained after, the office of the judges who originally sat there was abolish- ed ; and they appear from Demosthenes' to have been occasionally used by the ordinary Heliaatio judges when trying a cause of the kind to which they were originally appropriated. The most im- I portant court in later ages was the Helisa, in which, we are told by the grammarians, the weightiest causes were decided ; and if so, we may conclude the thesmothetse were the presiding magistrates, Besides this, ordinary Heliastic courts sat in the Odeium, in the courts Trigonon, the Greater (Mei- fov), the Middle {Meaov), the Green, the, Red, that of Metiochus, and the Parabyston ; but of these we are unable to fix the localities, or to what magis- trates it was usual to apportion th em. They we re 1. (Thucyd., i., 120.)— 2. (Compare Xen., Anab., yii., 8, M; — Lucian, Tim., 7.— Aristonh., Nub., 402, &c.)— 3. (Sohol. »I Aristoph., 1. c.)— 4. (Aristoph., Nub., 841.)— 5. (Compaie Vw lux, Onom., i., 26.— Suidaa, s. v.)— 6. (Matthia, Do Ju(l AUt 1S7.)— 7. (c. Neier., 1348, 21.) UIOASTES. DICASTICON. all painted with their distinctive i.oloiiis ; and, it appears, had a letter of the alphabet inscribed over the doorway. With the exception of tlie Heliaia, and those in which causes of murder were tied, they were probably protected from the weather. The dicasts sat upon wooden benches, which were covered with rugs or matting {iptaBia), and there V7ere elevations or tribunes i^-fifiaTo), upon which the antagonist advocates stood during their address tO' the court. The space occupied by the persons engaged in the trial was protected by a railing {Spv- ^(cTOif ) from the intrusion of the by-standers ; but in causes which bore upon the violation of the mys- teries, a farther space of fifty feet all round was en- closed by a rope, and the security of this barrier guarantied by the presence of the public*slaves.' DICASTES (iiKaarri^), in its broadest accepta- tion a judge, more peculiarly denotes the Attic functionary of the democratic period, who, with his colleagues, was constitutionally empowered to try and pass judgment upon all causes and ques- tions that the laws and customs of his country pro- nounced susceptible of judicial investigation. In the circumstance of a plurality of persons being selected from the mass of private citizens, and associated temporarily as representatives of the whole body of the people, adjudicating between its individual members, and of such delegates swearing an oath that they would well and truly discharge the duties intrusted to them, there ap- pears some resemblance between the Constitution of the Attic dicasterion and an English jury, but in nearly all other respects the distinctions between them are as great as the intervals of space and time which separate their several nations. At Athens the conditions of his eligibility were, that the dicast should be a free citizen, in the enjoyment of his full franchise (fem/iia), and not less than t!iirty years of age ; and of persons so qualified six thousand wrere selected by lot for the service of ev- ery year. Of the precise method of their appoint- ment our notices are somewhat obscure ; but we may gather from them that it took place every year nnder the conduct of the nine archons and theiir of- ficial scribe ; that each of these ten personages drew by lot the names of six hundred persons of the (ribe assigned to him ; that the whole number so Snjlected was again divided by lot into ten sec- tiors of 500 each, together with a supernumerary one!, consisting of a thousand persons, from among whom the occasional deficiericies in the sections of 500 might be Supplied . To each of the ten sections, one of the first ten letters of the alphabet was ap- propriated as a distinguishing mark, and a small tablet {icLvaiii.ov), inscribed with the letter of the section and the hame of the individual, was deliv- ered as a certificate of his appointment to each di- cast. Three bronze plates found in the Piraeus, and described by Dodwell,^ are supposed to have Served this purpose ;, the inscriptions upon them consist of the following letters ; A. AIOAQPOS ^^PEA, E. AEINIAS AAAIETS, and B. ANTIXAPM02 AA- Mn, and bear, besides, representations of owls and Gorgon heads, and other devices symbolic of the Attic people. The thousand supernumeraries had, in all probability, some different token ; but of this we have no certain knowledge. Before proceeding to the exercise of his func- tions, the dicast was obliged to swear the official oath ; which was done in the earlier ages at a place called Ardettus, without the city, on the banks of the Ilissus, hut in after times at some other spct, of which we are not informed. In the time of De- mosthenes, the oath (which is given at full length in Demosth., c. Timoc, 746) asserted the qualification 1. (Meit/. Att. Pioc., p. 141.)— 2. (Travels, i., p. 433-437.) of the dicast, and a solemn engagement by him ti. disehaige his otBc? faithfully and inCorruptibly in general, as well as in certain specified cases which bore reference to the appointment of magistrates, a matter in no small degree under the control of the dicast, inasmuch as few could enter upon any office without having had their election submitted to a court for its approbation {vid. DoKia.isiA) ; and, be- sides these, it contained a general prbinise to sup- port the existing constitution, which the dicast would, of course, be peculiarly enabled to do, when persons were accused before him of attempting its subversion. This oath being taken, and the divis- ions made as above mentioned, it remained to as- sign the courts to the several sections of dicasts in which they were to sit. This was not like the first, an appointment intended to last during the year, biit took place under the conduct of the thi^" mothetae, de novo, every time that it was necessary to empanel a number of dicasts. In ordinary cases, when one, two, or more sections of 500 made up the complement of judges appropriated to trying the particular kind of cause in hand, the process was extremely simple. Two urns or caskets (KXtipurfi- pia) were produced, one containing tickets inscribed with the distinctive letters of the sections, the oth- er furnished, in like manner, with similar tickets, to indicate the courts in which the sittings were to be held. If the cause was to be tried by a single section, a ticket would be drawn simultaneously from each urn, and the result announced, that section B, for instance, was to sit in court V ; if a thousand dicasts were requisite, two tablets would, in like manner, bo drawn from the urn that represented the sections, while one was drawn from the other as above men- tioned, and the announcement might run that sec tions A and B were to sit in court P, and the liko. A more compHcated system must have been adopt- ed when fractional parts of the section sat by them- selves, or were added to other whole sections : but what this might have been we can only conjecture, and it is obvious that some other' process of selection must have prevailed upon *11 those occasions when judges of a peculiar qualification were required ; as, for instance, in the trial of violators of the myste- ries, when the initiated only were allowed to judge ; and in that of military offenders, who were left to the justice of those only whose comrades they were, or should have been, at the time when the offence was alleged to have been committed. It is pretty clear that the allotment of the dicasts to their several courts for the day took place, in the manner above mentioned, in the market-place, and that it was conducted in all cases, except one, by the thesmo- thetae ; in that one, which was when the magis- trates and public officers rendered an account of their conduct at the expiration of their term of of- fice, and defended themselves against all charges of malversation in it {vid,. Euthunai), the logistse were the officiating personages. As soon as the al- lotment had taken place, each dicast received a staff, on which was painted the letter and the colour of the court awarded him, which might serve both as a ticket to procure admittance, and also to dis- tinguish him from any loiterer that might endeavoui clandestinely to obtain a sitting after business had begun. While in court, and probably from the hand of the presiding magistrate (fiyc/iav iiKaarripiov), he received the token or ticket that entitled him to receive his fee (SmaaTLKov) from the KMaKpirai. This payment is said to have been first instituted by Pericles, and was originally a single obolus ; it waa increased by Cleon to thrice that amount aboiit tha 88th Olympiad.' DICASTICON. {Vid. DiCASTEs.) 1. (Meier, Att. Proo., 125, &c.) 3.'i7 itlCE. DICE. WIKE (^Hkti) signifies generally any proceedings u law by one parly directly or mediately against others." The ohject of all such actions is to pro- tect the body politic, or one or more of its individ- ual members, from injury and aggression ; a dis- tinction which has in most countries suggested the division of all causes into two great classes, the public and the private, and assigned to each its pe- culiar form and treatment. At Athens the first pf these was implied by the terms public dUai or uyu- vcc, or still more peculiarly by ypw^ai : causes of the jther class were termed private dinai, or iiyuvc^, or simply iUai in its limited sense. There is a still farther subdivision of ypa^ai into Sti/ioaiai and Idiai, of which the former is somewhat analogous to im- peachments for offences directly against the state ; the latter to criminal prosecutions, in which the state appears as a party mediately injured in the violence or other wrong done to individual citizens. It will be observed that cases frequently arise, which, with reference to the wrong complained of, may with equal propriety be brought before a court in the form of the ypaipij last mentioned, or in that of an ordinary Hkti, and under these circumstances the laws of Athens gave the prosecutor an ample choice of methods to vindicate his rights by private or public proceedings,' much in the same way as a plaintiff in modern times may, for the same offence, prefer an indictment for assault, or bring his civil action for trespass on the person. It will be neces- sary to mention some of the principal distinctions in the treatment of causes of the two great classes above mentioned, before proceeding to discuss the forms and treatment of the private lawsuit. In a SIkti, only the person whose rights were al- leged to be affected, or the legal protector {Kvptog) of such person, if a minor, or otherwise incapable of appearing suo jure, was permitted to institute an action as plaintiff; in public causes, with the ex- ception of some few in which the person injured or his family were peculiarly bound and interested to act, any free citizen, and sometimes, when the state was directly attacked, almost any alien, was em- powered to do so. In all private causes, except those ofi^ovXjig, ^laiav, and i^aipeacu^, the penalty or other subject of contention was exclusively re- covered by the plaintiff, while in most others the state alone, or jointly with the prosecutor, profited by the pecuniary punishment of the offender. The court fees, called prytaneia, were paid in private, but not in public causes, and a public prosecutor that compromised the action with the defendant was in most cases punished by a fine of a thousand drachma! and a modified disfranchisement, while there was no legal impediment at any period of a private lawsuit to the reconciliation of the litigant parties.^ The proceedings in the Ski; were commenced by 1 summons to the defendant (irpomlijaif) to appear on a certain day before the proper magistrate {daa- /(jytilf), and there answer the charges preferred against him.* This summons was often served by the plaintiff in person, accompanied by one or two witnesses {vid. Cletebes), whose names were en- dorsed upon the declaration (A^fjf or iyKXri(tc). If there were an insufficient service of the sum- mons, the lawsuit was styled a-KpocK'kriTos, and dis- missed by the magistrate. From the circumstance of the same officer that conducted the anacrisis be- ing also necessarily present at the trial, and as there veere, besides, dies nefasti {aitoipaSec:) and festivals, during which none, or only some special causes tould be commenced, the power of the plaintiff in 1. (Harpocrat.— Pollux, Oiiom., viii., 40, 41.)— 2. (Demosth n. Andoc, 601.)— 3. (Meier, Alt. Process, 163.)— Ji '«'f«toDh Nub., 1221.— Av., 1016.) ^ ' 3ri8 selecting his time was, of course, in some degree limited ; and of several causes, we know that the time for their institution was particularized by law.' There were also occasions upon which a personal arrest of the party proceed'.l against took the jilact of, or, at all events, was sLuultaneous with, the ser- vice of the summons ; as, for instance, when ih» plaintiff doubted whether such party wouldnp. leave the country to avoid answering the action' and, accordingly, A'e find that, in such cases," an Athenian plaintiff might compel a foreigner to ac- company him to the polemarch's office, and the™ produce bail for his appearance, or, failing to do so submit to remain in custody till the trial. Thj word Kareyyvfv is peculiarly used of this proceed- ing. Between the service of the summons and ap- pearance of the parties before the magistratej it is very probable that the law prescribed the, interven- tion of a period of five days.' If both parties ap. peared, the proceedings commenced by the plaintiff putting in his declaration, and at the same time de- positing his share of the court fees {7rpvT;aveta), the non-payment of which was a fatal objection to th"! farther progress of a cause.* These were very tri- fling in amount. If the subject of litigation was ra- ted at less than 100 drachmae, nothing was paid ; i( at more than 100 drachmae and less than 1000 dracli- mee, 3 drachmse was a sufficient deposite, and su on in proportion. If the defendant neglected or re- fused to make his payment, it is natural to concjude that he underwent the penalties consequent upon non-appearance ; in all cases, the successful party was reimbursed his prytaneia by the other.', The ■KapaKaTa&oXri was another deposite in some cases, but paid by the plaintiff only. This was not ii|i the nature nor of the usual amount of the courl; fees, but a kind of penalty, as it was forfeited by tlie suiter in case he failed in establishing his cause., In a suit against the treasury, it was fixed at a fifth j in that of a claim to the property of a deceased-pei-- son by an alleged heir or devisee, at a tenth of the value sought to be recovered." If the actiqn waa not intended to be brought before an heliastic court, but merely submitted to the arbitration of a disete- tes {eid. Diaitetai), a course which was competent to the plaintiff to adopt in all private actions,' the drachma paid in the place of the deposite above mentioned bore the name of jraputrraotf. The de- posites being made, it became the duty of the magis- trate, if no manifest objection appeared on the face of the declaration, to cause it to be written out on a tablet, and exposed for the inspection of the pub- lic .on the wall or other place that served as the cause-list of his court." The magistrate then appointed a day for the far- ther proceedings of the anacrisis {vid. Anacrisis), which was done by drawing lots for the priority, in case there was a plurality of causes instituted at the same time; and to this proceeding the phrase Xayxij-veiv 6'i.Krjv, which generally denotes to bring an action, is to be primarily attributed. If thcplain- tiff failed to appear at the anacrisis, the suit, o( course, fell to the ground ; if the defendant, made default, judgment passed against him.' Both par- ties, however, received an official summons before their non- appearance was made the ground of cilhei result. An affidavit might at this, as well as at other periods of the action, he made in behalf of a person unable to attend upon the given day, and this would, if allowed, have the effect of postponing far- ther proceedings (yiiajioaia) ; it might, however, be 1. (Aristoph., Nub,, 1190.)— 2. (Demosth., o. ZeMth., 830, — c. Aristog., 778.)— 3. (Meier, Att. Process, 580. ■,— 4. (Matth, Do Jud. Ath., 261.)— 5. (Meier, Att. Process, 613.)— 6. (Mattli, De Jud. Ath., 200.)— 7. (Iludtw., l)e Drajtet., 35,)— 8. (Meier, Att. Process. 6(15.1-9. (Meier. Att. Pkitoss. 623.) DICE. DICTAMNUS tomoalecl by a counter-affidavit to the effect ihat the alleged reason was unfounded or otherwise in- BufRcient (avdvKufioaia) ; and a question would arise upon this point, the decision of which, when adverse to 'he defendant, would render him liable to the penalty of contumacy." The plaintiff was in this, case said iprifirjv iXelv : the defendant, ep^/iTjv iiipHeti', iUriv being the word omitted in both phra- ses. If the cause were primarily brought before an umpire (6iairri7riQ\ the anacrisis was conducted by him ; in. cases of appeal it was dispensed with as unnecessary. The anacrisis began with the affida- vit of the plaintiff {-apoujioaia), then followed the answer of the defendant (ianoifiocia or avTiypa(p^) {vid. Antigeaphe;, then the parties produced their respective witnesses, and reduced their evidence to writing, and put in originals, or authenticated copies of all the records, deeds, and contracts that might be useful in establishing their case, as well as mem- oranda of offers and requisitions then made by ei- ther side (irpoit'Kfiaeit). The whole of the documents were then, if the cause took a straightforward course {Eidv6i.Kia), enclosed on the last day of the anacrisis in a casket (e;;fivof), which was sealed and intrusted to the custody of the presiding magistrate till it was produced and opened at the trial. Du- ring the interval no alteration in its contents was permitted, and, accordingly, evidence that had been discovered after the anacrisis was not producible at the trial.'' In some causes, the trial before the di- oasts was by law appointed to come on within a given time ; in such as were not provided for by tiuoh regulations, we may suppose that it would principally depend upon the leisure of the magis- trate. The parties, however, might defer the day (Kvpiii} by mutual consent.' Upon the court being assembled, the magistrate called on the cause,* and the plaintiff opened his case. At the commence- ment of the speech, the proper officer (o e(j>' Map) filled the clepsydra with water. As long as the water flowed from this vessel, the orator was per- mitted to speak ; if, however, evidence was to be read by the officer of the court, or a law recited, the water was stopped till the speaker recommenced. The quantity of water, or, in other words, the length of the speeches, was not by any means the same in all causes : in the speech against Macartatus, and elsewhere, one amphora (nily was deemed sufficient ; eleven are mentioned in the impeachment of ^schi- nes for misconduct in his embassy. In some few cases, as those of nanuaig, according to Harpocra- tion, no limit was prescribed. The speeches were sometimes interrui)led by the cry KUTuia — " go down," in effect, "cease speaking" — ^from the di- casts, which placed the advocate in a serious dilem- ma ; for if, after this, he still persisted in his address, he could hardly fail to offend those who bid him stop ; if he obeyed the order, it might be found, after the votes had been taken, that it had emana- ted from a minority of the dieasts.' After the speeches of the advocates, which were, in general, two on each side, and the incidental reading of the documentary and other evidence, the dicasts pro- ceeded to give their judgment by ballot. ( Vid. Cadiskoi.) When the principal point at issue was decided in favour of the plaintiff, there followed, in many cases, a farther discussion as to the amount of damages or penalty which the defendant should pay. (Vid. AraNE2 ATIMHTOI KAI TIMHTOI.) The meth- od of voting u|)Ou this question seems to have varied, in that the dicasts used a small tablet instead of a ballot-ball, upon which tlxise that approved of the 1. (Dfi;nostli.. c. Olym])., II74.)— 2. (Demo.sth., c. Bffiot., i., WJ.)— .■!. OJpinrislli., '•. Pliaeii., 1042.) — 4. (Plainer, Process Bn ! (f'^-'i, 1., ]h'i.) — 5. fAriatiiph., Vesp.. 973.) heavier penalty drew a long line, tlie otheia a iJiofl one.' Upon judgment being given in a private suit, the Athenian law left its execution very much in the hands of the successful party, who was empow- ered to seize the movables of his antagonist as a pledge for the payment of the money, or institute an action of ejectment {i^ovlri^) against the refrac- tory debtor. The judgment of a court of dicasta was, in general decisive (Siicri ai-oTcXri^) ; but upon certain occasions, as, for instance, when a gross case of perjury or conspiracy could be proved by the unsuccessful party to have operated to his dis- advantage, the cause, upon the conviction of such conspirators or witnesses, might be commenced de novo. {Vid. Appellatio, Greek.) In addition to which, the party against whom judgment had pass- ed by default had the power to revive the cause, ujjon proving that his non-appearance in court was ijievitable (rriv sp^/iriv uvTiXaxstv') ; this, however, was to be exercised within two months after the original judgment. If the parties were willing to refer the matter to an umpire (.diaiTT/r^;), it was in the power of the magistrate to transfer the proceed- ings as they stood to that officer ; and in the same way, if the diaetetes considered the matter in hand too high for him, he might refer it to the Etaayuyeig, to be brought by him before an heliastic court. The whole of the proceedings before the diajtetes were analogous to those before the dicasts, and bore equally the name of SIkt/ : but it seems thai the phrase u.vTi,Xa;(elv rijv fo) ovcav is peculiarly ap- plied to the revival of a cause before the umpire in which judgment had passed by default. (Vid. Di- AITETAI ) The following are the principal actions, both pul>. lie and private, which we read of in. the Greek wri- ters, and which are briefly discussed under thcii several heads : Ai'ici; or Tpa(jijj — 'kSiKlag npbg tov df/j^ov : 'Aysap- yiov : 'Aypojjiiov. 'Aypti^oufieruA/low : Ahia;: 'AXo- yiov : *Afi6Xuaeo}g : Ap-eXiov ; 'Avayuyrig ; 'Avavfia- xtov : ^AvdpaTTodtfffiov : 'AvdpaTrd^uv : AiraT^aediQ rev Si'/aov : 'A^op/i^c : 'AiroyieiijjsuQ : 'Anojrsinpeai : 'Airo- araatov : ATxpoOTatjiov : 'Apyiag : 'Apyvplov : 'AaeSeU of : 'AsTpaTeiag : AvTO/ioi,iag : AvTore'Krjg : Bcdoiu- (TfUf : Biaiuv ; BXadr/g : BotiZrfffEcjf : KaKrjyopia; : Kanuaeug : KaxoTexviuv : Kdpwov : KaraXmeui tov Sjljiov : KaTacKOirijc : Xpiovg : Xapiov : K/lon-^f : Af- Katj^ov ; Aei/imf : Aupuv ; Aupo^sVLag ; 'Eyyvr/g : 'EvoLKiOv : 'ETrcTpiripapxr/fiaTOC : 'EmTpoir^i : 'Efo- yayrjg -.^'E^aipiccag : 'E^ovXrig: 'ApTrayfjg: Eipy/iov: 'Eraip^aeuc : 'lepoavXiag : 'TtvoSoXj;; : "Tdpeug : Aei- TTOftapTvplov : Aecivovavrtov : AetTroarpaTiov : Asltto- To^iov : McaBoi : Miaduasci^ oIkov : Moixeiag: No- filafiaro; Sia^Bopu; : OUiac: TiapaaaTaBfiitrK : Tlapa- voiag ; Xlapavo/iav : HapaTrpeateiag : Uapeiaypaiji^t; : iapiidnav :; iovpv: 'tapug o^at/oif Kat jieOri/iepivrK : ^Bopug Tu>v iXevdipav : Tlpoayoyiac : Jlpodoaiag: Upoetaf^opug : Tlpoiicog : 'ievdeyypcufiijg : ■i'radoKAjjr Teiag : . ■ievdo/J.aprvpi.uv : 'FiiTopiKij : 'S.nvp'ia : SiVou : 'Sjvuo^ayriag : iv/xSohilov or i,vv8r;Kuv TrapaBuaea^ : TpavfiaTog f/c irpovocag : TvpavviSog. DrCROTA. (Vid. BiREMis.) *DICTAMNUS (diKTajivng), a plant, the Dittanv of Crete, or Origanum Diclamnus. Virgil gives i' very, striking description of it, and records the pop ular belief of its great efficacy in the cure of wounds ' Pliny and those who came after him also attest its great virtues in this respect: the arrow or missile with which the wound had been inflicted dropped from it on applying the juice of the Dictamnus, anif the stags, when wounded by the hunter, caused the weapon to fall out from the wound by browsinji upon this plant 1 The moderns make no use of it 1. (Aristoph., Vcsp., 167.) — 2. (Plainer, Process uml Klaffln i., 396.)— 3. (.En., lii., 41? soq.) DICTATOR. DICTATOR. experience having shown how Utile reliance was to be placed on these statements. The Dictamnus which grew on Mount Ida, in Crete, was the most highly esteemed. It is to he regretted that Linns- us has given the name of Dictamnus to a kind of plant which has no relation whatever to the one mentioned by Virgil. DICTATOR. The name and office of dictator are confessedly of Latin origin : thus we read of a dictator at Tusculum in early, at Lanuvium in very /ate, times.' Among the Albans, also, a dictator was •sometimes elected, as Mettus Fuffetius on the death of their king Cluilius. Nor was this magistracy confined to single cities ; for we learn from a frag- ment of Cato, that the Tusculan Egerius was dicta- tor over the whole nation of the Latins." Among the Romans, a dictator was generally ap- pointed in circumstances of extraordinary danger, whether from foreign enemies or domestic sedition. Instances occur very frequently in the early books of Livy, from whom we also learn that a dictator was sometimes created for the following purposes : 1. For fixing the " clavus annalis" m the temple of Jupiter, in times of pestilence or civil discord. ( fid. Clavus Annalis.) 3. For holding the comitia, or elections, in the absence of tlie consuls.^ 3. For appointing holydays {feriarum constituendamm cau- sa) on the appearance of prodigies,* and officiating at the ludi Romani if the praetor could not attend ;' also for holding trials (guicstionibus exercendis'), and, on one occasion, for filling up vacancies in the sen- ate.' In this last case there were two dictators, one abroad and another at home ; the latter, how- ever, without a magister equitum. According to the oldest authorities, the dictator- ship was instituted at Rome ten years after the ex- pulsion of the Tarquinii, and the first dictator was said to have been T. Lartius, one of the consuls of the year." Another account states that the consuls of the year in which the first dictator was appoint- ed were of the Tarquinian party, and therefore dis- trusted. This tradition naturally suggests the inference that the dictator was on this first occasion appointed to di- rect and supersede the consuls [moderator et magister consulibas apposilus), not only with a view to foreign wars, but also for the purpose of summarily punish- ing any member of the state, whether belonging to the commonalty or the governing burghers, who should be detected in plotting for the restoration of the exiled king.' The powers with which a dicta- tor was invested will show how far his authority was adequate for such an object. In the first place, he was lormerly called magister populi, or master of the burghers ;'° and, though cre- ated for six months only, his power within the city was as supreme and absolute as that of the consuls without." In token of this, the fasces and secures (the latter, instruments of capital punishment) were carried before him even in the city." Again, no ap- peal against the dictator was at first allowed either to the commons or the burghers, although the latter had, even under the kings, enjoyed the privilege of appealing from them to the great council of the pa- U'icians { provocare ad populum) ; a privilege, more- over, which the Valerian laws had confirmed and secured to them against any magistracy whatever." This right, however, was subsequently obtained by the members of the houses,'* and perhaps eventually bf the plebeians; an instance of its being used is given by Livy," in the case of M. Fabius, who, when 1. (Cic , Pro Mil., 10.)— 2. (Niebuhr, i., p. 589.)— 3. (Liv., viii., 23 ; ix., 7.)— 4. (Id., vii., 28.)— 5. (Id., viji., 40 ; ix., 34.) — 'i. (Id., ix., 26.)— 7. (Id., xxni., 23.) — 8. (Liv., ii., 18.)— 9. (Arnold, i.,p. 144.)— 10. (Varro, De Ling. Lat., v., 82.)— 11. (Li»., Tiii., 32.)— 12. (Id., ii., 18.)— 13. (Liv., li., 8— Cic, De Ilep.,ii., H.l— 14. (Fest., Opt. Lex.>— 15. (viii., 33.) 36Q his son was persecuted by the dictator L. Papinus, appealed on his behalf to the "populus," the patn- clans of the curies. Still, even in this case the populus had recourse to entreaties rather than au- thority. Moreover, no one was eligible to the dictatorship unless he had previously been consul or praetor, for such was the old name of the consul.' Afterward when the powers of the old praetors had been divi- ded between the two consuls who went to their provinces abroad, and the praetorians wlio adminis- tered justice at home, prstorians as well as consu- lars were qualified for the office. The first plebeian dictator was C. Martins Rutilus, nominated (dictua) by the plebeian consul M. Popillius Lajnas, B.C 356." With respect to the electors and the mode of elec- tion, we are told' that on the first institution of the office, the dictator was created by the populus or burghers {M. Valerius qui primus magislci a popvlo creatus est), just as it had been the custom for the kings to be elected by the patricians. Dionysius* tells us that the people merely ratified (ern/ij^^ioaro) the choice of the senate. But the common prac- tice, even in very early times, was for the senate to select an individual, who was nominated in the dead of the night by one of the consuls, and then re- ceived the imperium, or sovereign authority, fiom the assembly of the curies.' This ratification was in early times indispensable to the validity of the election, just as it had been necessary for the kings, even after their election by the curies, to apply to them for investiture with the imperium (legem cvri- atam de imperio ferre'). The possession of the right of conferring the im- perium may, as Niebuhr suggests, have led the pa- tricians to dispense with voting on the preliminary nomination of the senate, although it is not impos- sible that the right of ratification has been confound- ed with the power of appointment. In later times, however, and after the passing of the Maenian law, the conferring of the impounm was a mere form. Thenceforward it was only necessary that the con- sul should consent to proclaim the person nomina- ted by the senate.' In the statement we have just made with respect to the nominations by the senate, we have been guided chiefly by the authority of Livy ; but v/e must not omit to mention that, according to Diony- sius, the senate only resolved on the appointment of a dictator, and left the choice to be made by one of the consuls. Some instances mentioned in Livj certainly confirm this opinion ; but they are gener- ally, though not always, cases in which a dictator was appointed for some single and unimportant pur- pose ;" nor is it likely that the disposal of kingly power would have been intrusted, as a matter of course, to the discretion of an individual. On one of these occasions we read that thp consuls in office refused for some time to declare a dictator, though required by the senate to do so, till they were com- pelled by one of the tribunes.' There were, in fact, religious scruples against the nomination being made by any other authority than the consuls ;" and to such an extent were they carried, that after tho battle at the Trasimene lake, the only sur'-iving consul being from home, the people elected s. pro- dictator, and so met the emergency. We may ob- serve that Livy states, with reference to this case, that the people could not create a dictator, having never up to that time exercised such a power (yuffli 1. (Liv., ii., 18.)— 2. (Liv., vii., 17.— Arnold, ii., p. 84.)-a (Fest., Opt. Lex.).^. (v., 70.)— 5. (Liv., ix., 38.)- 6. (Cic, Dl Repub., ii., 13, 17.)— 7. (Niebuhr, i., p. 609.)— 8. fLiv.,yiii..23 ix., 7.— Dionys., X , 23.)— 9. (Liv., iv., 26.)— liT |Liv., iv., " xxvii., c. 5.) DlCrAl'OR. JJIES. nanquam mte earn diem/aetum erat) : we find, l,jw- ever, in a case subsequent to this (B.C. 212), that the people did appoint a dictator for holding the elpctions, though the consul of the year protested ctgainst~it, as an eneroachment upon his privileges ; Rut even then the consul nominated, though he did not appoint.^ Dionysias' informs us that the authority of a dic- tator was supreme in everything (TtoXi/iov re xai iip^vr/Q Ktu TtavToq ukXov npuyjiarof avTOKpiTUp), and chat, till the time of Sulla, no dictator had ever nbnsed his power. There were, however, some limitations, which we will mention. 1. The period of office was only six months," and at the end of that time a dictator might be brought to trial for any acts of tyranny committed by him while in power.* Many, however, resigned their author- ity before the expiration of the six months, after completing the business for which they were ap- pointed. 2. A dictator could not draw on the treas- ury beyond the credit granted him by the senate,' nor go out of Italy,' nor even ride on horseback without the permission of the people,' a regulation apparently capricious, but perhaps intended to show whence his authority came. The usurped powers of the dictators Sulla and Julius Caesar are, of course, not to be compared with the gehuine dic- tatorship. After the death of the latter, the office was abolished forever by a law of Antony, the con- sul.' The title, indeed, was offered to Augustus, but he resolutely refiised it,' in consequence of the odium attached to it from the conduct of Sulla when dictator ; in fact, even during the later ages of the Republic, and for one hundred and twenty years previous to Sulla's dictatorship, the office itself had been in abeyance, though the consuls were fre- quently invested, in time of danger, with something lilte a dictatorial power by a senatus consultum, empowering them to take measures for securing the state against harm '^ut darent operam ne quid respuUica detrimenti caperet). Together with the master of the burghers, or the dictator, there was always appointed (dictatori addi- tus) a magister equitum, or master of the knights. In many passages of Livy, it is stated that the lat- ter was chosen by the dictator. This, however, was not always the case ; at any rate, we meet with instances where the appointment was made by the senate or the plebs." He was, of course, sub- ject, like other citizens, to the dictator ; but his au- thority is said to have been equally supreme, within his own jurisdiction, over the knights andaccensi:" who the latter are it is difficult to determine." Nie- buhr" says of the magister equitum, " The func- tions of this officer in the state are involved in ob- scurity ; that he was not merely the commander of the horse, and the dictator's lieutenant in the field, is certain. I conjecture that he was chosen by the centuries of the plebeian knights, and that he was their protector : the dictator may have presided at the election, and have taken the votes of the twelve »nturies on the person whom he proposed to them. This might afterward have fallen into disuse, and ho would then name his colleague himself." This conjecture, alttough plausible, is far from being supported by the authority of Livy, who speaks of both officers as being " creati," and of the ma- gister equitum as being " additus dictatori," in such a way as to justify the inference that they were both appointed by the same authority, just as they were both selected from the same class of men. the ccnsula res or praetorii. 1. (LiT., mi.,8,31.)— 2. (v.,73.)— 3. (Liv.,ix., 34.)— 4. (Liv., Tli., 4.)— 5. (Niebuhr, note 1349.) — 6. (Liv., Epil., xix.)— 7. (Id., xxiii., 14.)— 8. (Cic, Phil., i., 1.)— 9. (Suet.,Octav., c.52.) —10 (Liv., ii., 18 ; viii., 17 ; x.tvii., 5.)— 11. (Van-o, De Lin^f. (.at . .-., 82.)— 12. (Arnold, i., p. 144.)— 13. (i., p. 596.) On one occasion tne people made a master ol !!W! horse, M. Minucius, equal in command wilh the dictator Fabius IWaximus.' DICTYNNTA {iiiKrvvvia), a festival witli sacn- fices, celebrated at Cydonia in Crete, in honour ot Artemis, surnamed Aixrvvva or AiKTvvvaia, from SiKTvov, a hunter's net.' Particulars respecting its celebration are not known. Artemis AtK-rvvfa wa« also worshipped at Sparta,' and at Ambrysus in Phocis.* DIES (of the same root as 6i6g and dews'). Tlic name dies was applied, like our word day, to the time during which, according to the notions of the ancients, the sun performed his coarse around the earth ; and this time they called the civil day (dir.a civilis, in Greek vv^Sn/iepov, because it included both night and day'). The natural day {dies naturalis), or the time from the rising to the setting of the sun, was likewise designated by the name dies. The civil day began with the Greeks at the setting of the sun, and with the Romans at midnight; with the Babylonians at the rising of the sun, and with the Umbrians at midday.' We have here only to consider the natural day,, and, as its subdivisions were different at ditferent times, and not always the same among the Greeks as ainong the Romans, we shall endeavour to give a brief account of the va- rious parts into which it was divided by the Greeks at the different periods of their history, and then proceed to consider its divisions among the Ro- mans, to which will be subjoined a short list of re- markable days. At the time of the Homeric poems, the natural day was divided into three parts.' The first, called ^(jf, began with sunrise, and comprehended the whole space of time during which light seemed to be increasing, i. c, till midday.' Some ancient grammarians have supposed that in some instances Homer used the word ijof for the whole day, bui Nitzsch" has shown the incorrectness of this opin- ion. The second part was caWed/iiaov fifiap, or mid- day, during which the sun was thought to stand still." The third part\bore the name of deiXr/ or SeieTMv ;?/iap," which derived its name from the increased warmth of the atmosphere. The last part of the deiXri was sometimes designated by the words TTOTi tairepav or /3o«At/T6f." Besides these three great divisions, no others seem to have been known at the time when the Homeric poems were composed. The chief information respecting the divisions of the day in the period after Homer, and more especially the divisions made by the Athe- nians, is to be derived from Pollux.'* 'The first and last of the divisions made at the time of Homer were afterward subdivided into two parts. The earlier part of the morning was termed Ttput or wpu T^f ^jKcpof ; the latter ■K'KTiBoiarii Tijg I'lyoput;, or vcpi TT^ijBovaav ajopav." The /liaov rifiap of Homer was afterward expressed \>y jiearipLBpia, fiiaov vfUpac, or fteari nfiipa, and comprehended, as before, the middle of the day, when the sun seemed neither to rise nor to decline. The two parts of the afternoon were called 6eiXri ■npatri or nputa, and deiXij 6il>it) or oi/iia." This division continued to be observed down 1. (Liv., xxii., 26.)— 2. (Diod. Sic, v., 76.— Compare Stralio, X., p. 376, ed. Taucluiitz.— Paiisan.,ii., 30, 1) 3.)— 3. (Paus., iii., 12, 1) 7.)— 4. (Paus., X.. 36, « 3.— Compare tlie scholiast ad Aris toph.. Ran., 1284 ; Vesp., 357 ; and Meureius, Greta, c. 3.)— 5. (Buttmann, Mythologus, ii., p. 74.)— 6. (See (iensorin., De Die Natali, 23.--Plin., H. N., ii., 77, 79.— Varro, De Re Rust., i., 28.— Macrob., Sat., i., 3.)— 7. (Moorob.,1. c.— Gellius, iii., 2.)— 8. (II., xxi.. 111.)— 9. (II., viii., 06 ; ix., 84.— Od., ix., 56.)— 10. (Anmerkungen zur Odyssee, i., 125.) — 11. (Hermias ad Plat., Phffidr., p. 342.)— 12. (Od., xvii., 606. — Compare Buttmann's Lox- ilogus, ii., n; 95.)— 13. (Od., xvii., 191.-11., xvi., 779.)— 14 (Onom., i., 68.)— 15. (Herod., iv., 181.— Xen., Mem., i., 1, > 10. — Hellen., i., 1, I) 30.— Dion Chrysost., Orat., Ixvii.)— 16. (Uei rod., vii., 167 ; viii., 6.— Thucyd., iii , 74 ; viii., 26,— Conipait Libanius. Epist., 1084.) asi DIRS flIFFAREATlU. »o the lato!'! period of Grecian history, though aa- fjther wore accurate division, and more adapted to the purposes of common life, was introduced at an early period; for Anaximander, or, according to others, his disciple Anaxiraenes, is said to have made the Greeks acquainted with the use of the Babylonian chronometer or sundial (called iroAof or upo?Myiov, sometimes with the epithet aicioBripiKov or ^Aia/iuvdpov), by means of which the natural day was divided into twelve equal spaces of time.' These spaces were, of course, longer or shorter, according to the various seasons of the year. The name hours ((jpat), however, did not come into general use till a very late period, and the difference be- tween natural and equinoctial hours was first ob- served by the Alexandrine astronomers. During the early ages of the history of Rome, when artificial means of dividing time were yet un- known, the natural phenomena of increasing light and darkness formed with the Romans, as with the Greeks, the standard of division, as we see from the vague expressions in Censorinus." Pliny states^ that in the Twelve Tables only the rising and the setting of the sun were mentioned as the two parts into which the day was then divided ; but from Oen- sorinus* and Ciellius' we learn that midday (meri- dies) was aUu mentioned. Varro" likewise distin- guished three parts of the day, viz., mane, meridies, and suprcma scil. tempestas, after which no assem- bly could be held in the Forum. The lex Platoria prescribed that a herald should proclaim the supre- ma in the comitium, that the people might know that their iniieting was to be adjourned. But the di- vision of llis day most generally observed by the Romans \\;is that into terwpus antemeridinnum and pomeridianv m, the meridies itself being only consid- ered as a point at which the one ended and the oth- er commenced. But, as it was of importance that this moment should be known, an especial officer (vid. AooENsus) was appointed, who proclaimed the time of midday, when from the curia he saw the sue standing between the rostra and the greecosta- sis. The division of the day into twelve equal spa- ces, which, here as in Greece, were shorter in win- ter than in summer, was adopted at the time when artificial means of measuring time were introduced among the Romans from Greece. This was about the year B.C. 291, when L. Papirius Cursor, after the war with Pyrrhus in southern Italy, brought to Rome an instrument called solarium horologium, or simply solarium.' But as the solarium had been made for a different meridian, it showed the time at Rome very incorrectly. Scipio Nasica, therefore, erected in B.C. 159 a public clepsydra, which indi- cated the hours of the night as well as of the day. Even after the erection of this clepsydra, it was cus- tomary for one of the subordinate officers of the praetor to proclaim the third, sixth, and ninth hours ; which shows that the day was, like the night, divi- ded into four parts, each consisting of three hours. See Dissen's treatise, De Partibus Noctis el Diei ex Dimsionibus Vetcrum, in his Kleine Laleinisclie und Deutsche Sckriften, p. 130, 150. (Compare the arti- ■ ile HOROLOQIOM.) All the days of the year were, according to dif- ferent points of view, divided by the Romans into different classes. For the purpose of the adminis- tration of justice, all days were divided into dies fas- ti and dies ncfasti. Dies fasti were the days on which the praetor was allowed to administer justice in the public ]. (Herod., ii.. 109.— Diti^. Laert., ii., 1, 3 — Plin., H. N., ii., li, 78.— Suidas, s. v. 'AmJi'fiui/SiM!.)— 2. (De Die Nat., 24.)— 3. (H. N., vii., 60.)— 4. (1. c.)— 5. (svii., 2.)— 6. (De Ling. Lat., 7i., 4, 5, ed. Mliller ; aadlsidor., Orig., v., 30 and 31,)— 7. (Pliiat. «p. Coll., iii., 3, I) 5.) 362 coul^4 , they derived Iheir name from firi (far. uu verba ; do, dico, addico'). On some of the dies .rusli comitia could be held, but not on all." Dies might be fasti in three different ways: 1. Dies, fasti pn,. prie et toti, or simply dies fasti, were days on wliicli the praetor used to hold his courts, and could do sii at all hours. They were marked in the Romac calendar by the letter F, and their number in tho course of the year was 38 f 3. Dies propie seivm toti fasti, or dies intercisi, days on which the praeioi might hold his courts, but not at all hours, so il.,ii sometimes one half of such a day was fastus, while the other half was nefastus. Their number was 6S in the year, and they were marked in the calendar by the signs Fp. = fastus primo, Np =.- nefastus pi.- mo. En. = cndotercisus =; intercisus. Q. Rex C. P. =: quando Hex comitio fugit, or quando Rex comitiavil fas, Q. St. Df = quando stercus defertur ; 3. Dies nan proprie sod casu fasti, or days whii-h.were not fasll properly speaking, but became fasti accidentally,; a dies comitialis, for instance, might become fastu?, if either during its whole course, or during a pari of it, no comitia were held, so that it accordingly be- came either a dies fastus totus, or fastus ex pnrte,' Dies nefasti were days on which neither oourlo of justice nor comitia were allowed to be held, and which were dedicated to other purposes.' Accord- ing to the ancient legends, they were said, tii have been fixed by Numa Pompilius.' From the re- marks made above, it will be, understood that one part of a day might be fastus, while another was ne- fastus.' The nundincB, which had originally been dies fasti, had been made nefasti at the time 'vhen the twelve-months year was introduced ; but in li.C 286 they were again made fasti by a law of Q. Hor- tensius.* The term dies nefasti, which originally had nothing to do with religion, but simply indicated days on which no courts were to be held, was in subsequent times applied to religions days in gener- al, as dies nefasti were mostly dedicated to :lie wor- ship of the gods.' In a religious point of view all days of the year were either diesfesti, or dies prof esti, ur dies intercisi. According to the definition given by Macrobius, dies festi were dedicated to the gods, and spent with sacrifices, repasts, games, and other solemnities; dies profesti belonged to men for the administra- tion of their private and public affairs. They were either dies fa-Hi, or comitiales, or comperendini, or stali, or praliales. Dies intercisi were common be- tween gods and men, that is, partly devoted to the worship of the gods, partly to the transaction of or- dinary business. We have lastly to add a few remarks on some of the subdivisions of the dies profesti, which arc like- wise defined by Macrobius. Dies eumitiaks were days on which comitia were held ; their nunibei was 184 in a year. Dies comperendini were days to which any action was allowed to be transferred (quibus vadimonium licet dieere'"). Dies stati were days set apart for causes between Roman citiziiris and foreigners (qui judicii causa cum pcregrinis in- stiluuntur). Dies prceliales were all days on which rehgion did not forbid to commence a war; a list of days and festivals on which it was contrary tJ religion to commence a war is given by Macrobinp. See also Festus, «. v. Compare Manutius, De Vel- erum Dierum Eatione, and the article Oalendas (Roman). DIFFAREA'TIO. (Vid. Divortium.) 1. (Ovid, Fasti, i., 45, ifcc— Varro, De Ling. Lat., vi., 29, 30, ed. Muller.— Macpob., Sat., i,, 16.)— 2. (Cicero, Pro Scit,, 15 with the note of Manutius.) — 3. (Niebuhr, Hist, of Rom«, lii-i D. 368.)— 4. (Macrob., Sat., i., 16.— Vairo, De Ling. Lat., 1. c,)- S. (VaiTo, 1. c.)— 6. (Liv., i., 19.)— 7. (Ovid, Fast., i., 50.)-* (.Macrob., Sat., i.,'16.)— 9. (Gellius, iv., 9 ; v., 17.)— 10 (Gaiu« iv., I) 15.) OIOCLEIA. DILXYtJiA, UlGESTA. {Vid. Fakdectje.) DI'GITUS. (Vid. Pes.) DIIPOLEIA (Aiijro/lEca), also called AuroXcia o. AumAjo, a very, ancient festival, celebrated every year on the acropolis of Athens in honour of Zeus, surnaraed RoTuevc.^ Suidas and the scholiast on Aristophanes" are mistaken in believing that the Diipolia were the same festival as the Diasia. It was held on the 14th of Sciirophorion. The man- ner in which the sacrifice of an ox was otTered on this occasion, and the origin of the rite, are de- scribed by Porphyrins,' with whose account may be compared the fragmentary descriptions of Pausa- nias* and ^lian.' The Athenians placed barley mixed with wheat upon the altar of Zeus, and left it unguarded; the ox destined to be sacrificed was then allowed to go and take of the seeds. One of the priests, who bore the name of ;9oii^dvof (whence the festival was sometimes called ^oviovia), at see- ing the ox ea'ting, snatched the axe, killed the ox, and ran away. The others, as if not knowing who had killed the animal, made inquiries, and at last also summoned the axe, which was in the end de- clared guilty of having committed the murder, This custom is said to have arisen from the fol- lowing circumstance : In the reign of Erechtheus, at the celebration of tho Dionysia, or, according to the scholiast on Aristophanes,' at the Diipolia, an ox ate the cakes offered to the god, and one Eaulon or Thaulon, or, according to others, the §ovip6yog, killed the ox with an axe and fled from his coun- try. The murderer having thus escaped, the axe was declared guilty, and the rite observed at the Diipolia was performed in commemoration of that event.' This legend of the origin of the Diipolia manifestly leads us back to a time when it had not yet become customary to oflFer animal sacrifices to the gods, but merely the fruits of the earth. Por- phyrins also informs us that three Athenian families had their especial (probably hereditary) functions to perform at this festival. Members of the one drove the ox to the altar, and were thence called KsvTpiuSai : another family, descended from Baulon, and called the ISovrvnoi, knocked the victim down ; and a third, designated by the name Sairpot, killed it.' DILIGE'NTIA. , (Vid. CDLP.i.) DIMACHjE (di/idxci) were Macedonian horse- soldiers, who also fought on foot when occasion re- quired. Their armour was heavier than that of the ordinary horse-soldiers, and lighter than that of the regular heavy-armed foot. A servant accom- panied each soldier in order to take care of his horse when he alighted to fight on foot. This spe- cies of troops is said to have been first introduced by Alexander the Great.' DIMINU-TIO CA'PITIS. {Vid. Ciput.) DTO'BOLOS. {Vid. Obolos.) DIOCLEI'A (A(d/£/lfid), a festival celebrated by the Megarians in honour of an ancient Athenian hero, Dipcles, around whose grave young men as- sembled on the occasion, and amused themselves with gymnastic and other contests. "We read that he who gave the sweetest kiss obtained the prize, consisting of a garland of flowers.'" The scholiast on Theocritus" relates the origin of this festival as follows : Diodes, an Athenian exile, fled to Megara, where he found a youth with whom he fell in love. In some battle, while protecting the object of his love with his shield, he was slain. The Megarians honoured the gallant lover with a tomb, raised hiin to the rank of a hero, and, in commemoration of his 1 (Paus., i., 14, * 4.)— 2. (Pax, 410.)— 3. (De Abstinent., ji . S 29.)— 4. (i., 2S, 1) 11.)— 5. (V. H., yiii., 3.)— 6. (Nub., 973.) —7. 'Compare Suidas and Hesych., s. v. Bou0iiv(a.) — 8. (Com- imre Crcuzer's Mythol. und Symbol., i., p. 172 ; iv., p. 122, &c.) 9 (Pollux, Onom., i., 132. — Curtius, v., 13.) — ^10. (Theocrit., Uvil... lii., 27. &c.)-ll. (I.e.) faithful attachment, instituted the lestival ol llic Diocleia. See Bockh ad Find., Olymp., vii., 157, p. 176, and the scholiast ad Arisloph., Acharn., 730, where a Megarian swears by Dioclcs, from which we may infer that he was held in great hor.Dur bv the Megarians.' DIOMO'SIA (Aiu/iOffia). {Vid. Antomosi.a.) DIONY'SIA (Aioniffta), festivals celebrated in vii- rious parts of Greece in honour of Dionysus. Wo have to consider under this head several festivals of the same deity, although some of them bore differ- ent names ; for here, as in other cases, the name of the festival was sometimes derived from that of the god, sometimes, from, the place where it was cele- brated, and sometimes from some particular circum- stance connected with its celebration. We shall, however, direct our attention chiefly to the Attic festivals of Dionysus, as, on account of their ?nti mate connexion with the origin and the develop- ment of dramatic literature, they are of greater im- portance to us than any other ancient festival. . The general character of the festivals of Dionysus was extravagant merriment and enthusiastic joy, which manifested themselves in various ways. The import of some of the apparently unmeaning and absurd practices in which the Greeks indulged du- ring the celebration of the Dionysia, has been well explained by Muller :' " The intense desire felt by evei'y worshipper of Dionysus to fight, to conquer, to suffer in common with him, made them regaril the subordinate beings (Satyrs, Pans, and Nymphs, by whom the god himself was surrounded, and through whom life seemed to pass from him into vegetation, and branch off into a variety of beautiful or grotesque forms), who were ever present to the fancy of the Greeks, as a convenient step by which they could approach more nearly to the presence of their divinity. The customs so prevalent at the festivals of Dionysus, of taking the disguise of sa- tyrs, doubtless originated in this feeling, and not in the mere desire of concealing excesses under the disguise of a mask, otherwise so serious and pa- thetic a spectacle as tragedy eouid never have ori- ginated in the choruses of these satyrs. The de- sire of escaping from self into something new and strange, of living in an imaginary world, breaks forth in a thousand instances hi these festivals of Dionysus. It is seen in the colouring the body with plaster, soot, vermilion, and diflferent sorts of green and red juices of plants, wearing goat and deer skins round the loins, covering the face with large leaves of different plants, and, lastly, in the wearing masks of wood, bark, and other materials, and of a complete costume belonging to the character." Drunkenness, and the boisterous music of flutes, cymbals, and drums, were likewise common to all Dionysiac festivals. In the processions called ^iaaoi (from i>«/refu), with which they were celebrated, women also took part, in the disguise of Bacoha=, Lens, Thyades, Naiades, Nymphs, &c., adorned with garlands of ivy, and bearing the thyrsus in their hands (hence the god was sometimes called Qfjlviiopipog), so that the whole train represented a population inspired, and actuated by the powerful presence of the god. The choruses sung on the oc- casion were called dithyrambs, and were hymns ad- dressed to the god in the freest metres and with the boldest imagery, in which his exploits av^d achievements were extolled. (Firf. Chorus.) Th3 phallus, the symbol of the fertility of nature, was also carried in these processions,' and men dis- guised as women, called IBviaUoi,'^ followed the 1. (Compare Welcker's Sappho, p. 39, and ad Theogn., p,7ff ) —2. (Hist, of the Lit. of Anc. Greece, i., p. 289,)— 3. (Plut., Pa Cupid. Divit., p. 527, D,— Aristoph., Acharr,., 229, with th« sehol.— Herod., ii., 49.)— 4. (Hesyoh., s. v. — Athen., xi»., p 022.) 363 DIONYSIA. DIONYSIA. phallus A woman called XtKvo^dpo^ canied the 'uKvav, a long basket containing the image of the god. Maidens of noble birth (Kavrj^opoi) used to carry figs in baskets, which were sometimes of gold, and to wear garlands of figs round their necks.' The indulgence in drinking was considered by the Greeivs as a duty of gratitude which they owed to the giver of the vine ; hence in some places it was thought a crime to remain sober at the Dionysia." The Attic festivals of Dionysus were four in iium- beT ; the Aiovveca kut' dypov;, or the rural Dionysia, the Ayvaia, tho 'AvBcar^pia, and the Aiovvaia iv tJSTei. After Rulmken' and Spalding' had declared the Anthesteria and the Lenasa to be only two names for one and the same festival, it was gener- ally taken for granted that there could be no doubt as to the real identity of the two, until in 1817, A. Bockh read a paper to the Berlin Academy," in which he established by incontrovertible arguments the difference between the Lenaea and Anthesteria. An abridgment of Bockh's essay, containing all that is necessary to form a clear idea of the whole question, is given in the Philological Museum.' The season of tho year sacred to Dionysus was du- ring the months nearest to the shortest day,' and the Attic festivals were accordingly celebrated in the Poseideon, Gamelion (the Lenseon of the loni- ans), Antheste.rion, and Elaphebolion. The Aiovvaia Kaf aypovi; or /uKpd, the rural or lesser Dionysia, a vintage festival, were celebrated in the various demes of Attica in the month of Po- seideon, and were under the superintendence of the several local magistrates, the demarchs. This was doubtless the most ancient of all, and was held with the highest degree of merriment and freedom ; even slaves enjoyed full freedom during its celebration, Knd their boisterous shouts on the occasion were Almost intolerable. It is here that we have to seek for the ori jin of comedy, in the jests and the scur- rilous abuse which the peasants vented upon the ty-standers from a wagon in which they rode about (kuuoq i(j>' u/ia^uv). Aristophanes' calls the comic poets Tpvyaiioi, lee-singers, and comedy, rpvyi^SCa, lee-song;' from the custom of smearing the face with lees of wine, in which the merry country people mdulged at the vintage. The ascolia and other amusements, which were afterward introduced into the city, seem also originally to have been peculiar to the rural Dionysia. The Dionysia in the Pirsus, as well as those of the other demes of Attica, be- longed to the lesser Dionysia, as is acknowledged both by Spalding and Bockh. Those in the Pirasus were celebrated with as much splendour as those in the city ; for we read of a procession, of the per- formance of comedies and tragedies, which at first may have been new as well as old pieces ; but when the drama had attained a regular form, only old pieces were represented at the rural Dionysia. Their liberal and democratical character seems to have been the cause of the opposition which these festivals met with, when, in the time of Pisistratus, Thespis attempted to introduce the rural amuse- ments of tho Dionysia into the city of Athens.'" Ihat in other places, also, the introduction of the worship of Dionysus met with great opposition, must be inferred from the legends of Orchomenos, Thebos, Argos, Ephesus, and other places. Some- thing similar seems to be implied in the account of ]. (Aristoph., Acharn., I.e. — Lysistr., 647. — Natal. Com., v., 13.) — 2. (Lucian, Do Calumn., 16.) — 3. (Auctar. ad Hesych., tom. i., p. 199.)— 4. (Abhandl. der Beri. Acad, von 1804-1811, p. 70, &c.) — S. ('* Vom Unteracheide der Attischen Lenaien, Anthestei'ien, uiid latidl. Dlonysien," published in 1819, in tlie Abhandl. der Berl. Acad.)— 6. (vol. ii., p. 273, &c.)— 7. (Plut., De Ei ap. Delph., 9.)-8. (Vesp., 620 and 1479.)— 9. (Acham., tfl4, 634.— Athen., ii., p. 40.)— 10. (Pht.. Sol , c. 29, 30.— Diog. L«crt., Sol., c. 11.) »64 the restoration of tragic chorusts to Diiinysus m Sicyon.' The second festival, the Lcncra (from Irjvii^, tho wine-press, from which, also, the month of Game- lion was called by the lonians Lenseon), was c' u/ia^iJv also took place on this day, and *hf! jests and abuse which persons poured forth on this occasion were doubtless an imitation of tho amusements customary at the rural Dionysia. ' Athe- nasus'^ says that it was customary on the day'of the Choes to send on to sophists their salaries and presents, that they too might enjoy themselves with their friends. The third day had its name from XVTpof, a pot, as on this day persons offered pots with flowers, seeds, or cooked vegetables, as a sac- rifice to Dionysus and Hermes Chthonius." With this sacrifice were connected the uyOvt; x^rpivot mentioned by the scholiast on Aristophanes," in which the second archon distributed the prizes. Slaves were permitted to take part in the general rejoicings of the Anthesteria; but at the close of the day they were sent home with the word? W- pofe, KapEf, ovK if 'AvBeoripia." 1. (Herod., v., 67.)— 2. (Schol. ad Aristoph., Ran., 460.)-3 (Demosth., c. Meid., p. 517.)— 4. (1. c.)— 5. (Thucyd., ii., l-l-)— 6. (Suidas, s. v. XoEj.)— 7. (Philoch. ap. Suid-, 9. v- Xu'r/wi-)- 8. (Aristoph., Acham., 1143, with the schol.)— 9. (Harpociat and Suidas, s. v.— Schol. ad Aristoph., Han., 210.— Athcn., x., p. 437; vii.,p.276; iv., p. 129.)- 10. (s. v.'Afritds).— U. (V-H., ii,, 41.)— 12. (Aristoph., Acham., 943, with the schol.)^13. (I-, p. 437.)— 14. (Schol. ad Aristoph., Acham-, 1009.— Suidas, ». v XtiTpoi.)— 15. (Ran., 220.)— 16. (Hesych., s.i. epi()ui;£.— PlW-'" ad Hesiod., Op. et Dies.) moNysiA, DIONYSJA. J I IS unceitain Wiiether dramas were peiformeid at ihe Anthesteria ; but Bockli supposes that eomodies were represented, and that tragedies which were to be brought out at the great Dionysia were per- haps reiiearsed at the Anthesteria. The mysteries connected with the celebration of the Anthesteria were held at night, in the ancient temple iv Ai/ivaic, which was opened only once a year, on the 12th of Antheetsrion. They were likewise under the su- lierintscdence of the second archon and a certain number of ^irt/iE/lijToi. He appointed fourteen priest- esses, called yepaipai or ycpapai, the venerable, who conducted the ceremonies with the assistance of one other priestess.' The wife of the second archon {^aaiKiaaa) offered a mysterious sacrifice for the welfare of the city ; she was betrothed to the god in a secret solemnity, and also tendered the oath to the geraeree, which, according to Demosthenes." ran •thus : " I am pure and unspotted by anything that pol- lutes, and have never had intercourse with man. I will solemnize the Theoguia and lobakcheia at their proper time, according to the laws of my ancestors." The admission to the mysteries, from which men were excluded, took place after especial prepara- tions, which seem to have consisted in purifications by air, water, or fire.' The initiated persons wore skins of fawns, and sometimes those of panthers. Instead of ivy, which was worn in the public part of the Dionysia, the mystae wore myrtle.* The sacrifice offered to the god in these mysteries con- sisted of a sow, the usual sacrifice of Demeter, and in some places of a cow with calf It is more than probable that the history of Dionysus was symbol- ically represented in these mysteries, as the history of Demeter was acted in those of Eleusis, which were in some respects connected with the former.' The fourth Attic festival of Dionysus, Atovvaia h uarei, uotlku or /teyu^a, was celebrated about the lath of the month of Elaphebolion ;' but we do not know whether they lasted more than one day or not. The order in which the ceremonies took place was, according to the document in Demosthenes, as follows : The great public procession, the chorus of boys, the icCifiof {vid. Chorus), comedy, and, last- ly, tragedy. We possess in Athenasus' the descrip- ,ion of a great Bacchic procession, held at Alexan- drea in the reign of Ptolemajus Philadelphus, from which we may form some idea of the great Attic procession. It seems to have been customary to represent the god by a man in this procession. Plu- tarch," at least, relates that, on one occasion, a beau- tiful slave of Nicias represented Dionysus.' A ri- diculous imitation of a Bacchic procession is de- scribed in Aristophanes.'" Of the dramas which were performed at the great Dionysia, the tragedies, at least, were generally new pieces ; repetitions do not, however, seem to have been excluded from any Dionysiac festival. The first archon had the super- intendence, and gave the chorus to the dramatic poet who wished to bring out his piece at this festi- val. The prize awarded to the dramatist for the best play consisted of a crown, and his name was proclaimed in the theatre of Dionysus." Strangers were prohibited from taking part in the choruses of boys. During this and some other of the great At- tic festivals, prisoners were set free, and nobody was allowed to seize the goods of a debtor ; but a war was not interrupted by its celebration.' " As the great Dionysia were celebrated at the beginning of spring, when the navigatior was reopened, Athens (PoUm, Onom., viu., 9.)— 2. (c. Neser., p. 1371, 82.)— 3. (Serv. ad JEn., vi., 740. — Pans., ix., 20, tt 4.— Liv., xxxix., 13.) — 4. (Schol. ad Aristnph., Ran., 330.} — 5. (SchoL. ad Aristoph., Ran., 343.)— 6. (JBwAi , c. Ctes., p. 63.)— 7. (v., p. 197, 199.)— 8. (Nic , 3.)— 9. (Compare Athen.. v., p. 200.)— 10. (Eccles., 759, geqii.)- II. (Demonh., Do Coron., p. 2)7.)- 12. (Demoich., c. BcEut. De Nam., p. 999 I was not only visited by numbers of country peopiu but also by strangers from other parts of Greece; and the various amusements and exhibitions on thi" occasion were not unlike those of a modern fair.' Respecting the scrupulous regularity, and the enor mous sums spent by the Athenians on the celebra- tion of these and other festivals, see Demosthenes ' As many circumstances connected with iue celebia tion of the Dionysia cannot be made clear without entering into minute details, we must refer the read er to Bockh's essay. The worship of Dionysus was almost universal among the Greeks in Asia as well as in Europe, and the character of his festivals was the same every- where, only modified by the national differences of the various tribes of the Greeks. It is expressly stated that the Spartans did not indulge so much in drinking during the celebration of the Dionysia as other Greeks.' The worship of Dionysus was in gen- eral, with the exception of Corinth, Sicyon, and the Doric colonies in southern Italy, loss popidar among the Doric states than in other parts of Greece.' It was most enthusiastic in Boeotia, in the orgies on Mount Cithaeron, as is well known from allusions and descriptions in several Roman poets. That the extravagant merriment, and the unrestrained con- duct with which all festivals of this class were cel- ebrated, did, in the course of time, lead to tlie greatest excesses, cannot be denied ; but we must, at the same time, acknowledge that such excesses did not occur until a comparatively late period. At a very early period of Grecian history, Bacchic fes- tivals were solemnized with human sacrifices, and traces of this custom are discernible even until very late. In Chios this custom was superseded by another, according to which the Bacchae were obliged to eat the raw pieces of flesh of the victim which were distributed among them. This act was caWed ufioiayrd, atid Dionysus douved from it the name of ii/iuiio^ and ufiqarij^. There was a report that even Themistocles, after the battle of Salamisj sacrificed three noble Persians to this divinity.' But Plutarch's eccount of this very instance, if true, shows that at this time such savage rites were looked upon with horror. The worship of Dionysus, whom the RomaM called Bacchus,, or, rather, the Bacchic mysteries and orgies (Bcu-xhanalia), are said to have been in- troduced from southern Italy into Etruria, and from thence to Rome," where for a time they were car- ried on in secret, and, during the latter part of their existence, at night. 'I'he initiated, according to Livy, did not only indulge in feasting and drinking at their meetings, but, when their minds were heat- ed with wine, they indulged in the coarsest excess- es and the most unnatural vices. Young girls and youths were seduced, and all modesty was set aside ; every kind of vice found here its full satis- faction. But the crimes did not remain confined to these meetings ; their consequences were manifest in all directions ; for false witnesses, forgeries, false wills, and denunciations proceeded from this focus of crime. Poison and assassination were cariied on under the cover of this society ; and the voices of those who had been fraudulently drawn into these orgies, and would cry out against the shame- less practices, were drowned by the shouts of the Bacchantes, and the deafening sounds of drums and cymbals. The time of initiation lasted ten days, during 1. (Isocr., Areop., p. 203, ed. Bekker.— Xcn., Ilioro, i., 11 — Compare Becker, Charikles, ii., p. 237, seqq.)— 2. (Philip., i., p. 50.)— 3. (Athen., iv., p. 156.— Plato, De Log., i., p. 637.)— 4. (MuUer, Dorians, ii., 10, 1/ 6.— Bottiger, Ideen z. Archa:oI. del Malerei, p. 289, seqci.)- 5. (Pint., Themist., 13.— Pelop., 21.- Comparo Thirlwall, Hist, of Greece, ii., p 310.) — 6. (Liv, xxxix. 8 ^ ans UnNYSIA. wnicti a person was obliged to abstain from all sex- ual intercourse ; em the tenth he took a solemn meal, underwent a purification by water, and was led into the sanctuary [Bacchanal). At first only women were initiated, and the orgies were celebra- ted every year during three days. Matrons alter- iidtely performed the functions of priests. But Pac- ala Annia, a Campanian matron, pretending to act nnder the direct influence of Bacchus, changed the whole metbad of celfbration : she admitted men to '.l.B initiation, and transferred the solemnization, which had hitherto taken place during the daytime, to the night. Instead of three days in the year, she ordered that the Bacchanalia should be held during five days in every month. It was from the time that these orgies were carried on after this new plan that, according to the statement of an eye- witness,' licentiousness and crimes of every de- scription were committed. Men as well as women indulged in the most unnatural appetites, and those who attempted to stop or to oppose such odious proceedings fell as victims. It was, as Livy says, a principle of the society to hold every ordinance of God and nature in contempt. Men, as if seized by fits of madness, and under great convulsions, gave oracles : and the matrons, dressed as Bacchas, with dishevelled hair and burning torches in their hands, ran down to the Tiber and plunged their torches into the water; the torches, however, containing sulphur and chalk, were not' extinguished. Men who refused to take part in the crimes of these or- gies were frequently thrown into dark caverns and despatched, while the perpetrators declared that they had been carried off by the gods. Among the number of the members of these mysteries were, at the time when they were suppressed, persons of all classes ; and during the last two years, nobody liad been initiated who was above the age of twen- ty years, as this age was tUouglit most fit for seduc- tion and se/ssual pleasure. In the year B.0. 186, the consuls Spnrius Postu- niiis Albinus and Q. Marcius Philippiia were in- rbrmeJ of the existence of these meetings, and, af- ter having ascertained the facts mentioned above, they made a report to the senate." The senate, alarmed by this singular discovery, and although dreading lest members of their own families might be involved, invested the consuls with extraord.ina- ry power, to inquire into the nature of these noc- turnal meetings, to exert all their energy to secure the priests and priestesses, to issue a proclamation throughout Rome and Italy, forbidding any one to be initiated in the Bacchic mysteries, or to meet for the purpose of celebrating them ; but, above all things, to submit those individuals who had already been secured to a rigid trial. The consuls, after having given to the subordinate magistrates all the necessary instructions, held an assembly of the peo- ple, in which the facts just discovered were ex- plained to the public, in order that the objects of the proceedings which were to take place might be knov/n to every citizen. A reward was at the same time offered to any one who might be able to give farther information, or to name any one that be- longed to the conspiracy, as it was called. Meas- ures were also taken to prevent any one from leav- ing Italy. During the night following, a number of persons were apprehended ; many of tliem put an end to their own lives. The whole number of the initiated was said to be 7000. The trial of all those who were apprehended lasted thirty days. Rome was almost deserted, for the innocent as well as the guilty had reason to fear. The punish- ment inflicted on those who were convicted varied according to the degree of their guilt ; some were 1. (Liv., x.xTii., 13.)— 2 'Liv., xMix., 14.) 366 thrown mto prison, others were pu to death. Tl,e women were surrendered to their parents oi hus- bands, that they might receive their punishment jQ private. The consuls then were ordered by t/,e senate to destroy all Bacchanalia throughout Rome and Italy, with the exception of such altars or stf,t- ues of the god as had existed there from ancient times. In order to prevent a restoration of the Bac- chic orgies, the celebrated decree of the senate {Se- natus auctoritas de Bacchanalibus) was issued, com- manding that no Bacchanalia should be held either in Rome or Italy ; that if any one should think such ceremonies necessary, or if he could not neglect them without scruples or inaking atonements, lie should apply to the praetor urbanus, who might then consult the senate. If the permission should be granted to him in an assembly of the senate, con- sisting of not less than one hundred members, he might solemnize the Bacchic sacra ; but no mori! than five persons were to be present at the celebra- tion ; there should be no common fund, and no master of the sacra or priest.' This decree is also mentioned by Cicero.' A brazen table containing this important document was discovered near Bari, in southern Italy, in the year 1640, and is at present in the imperial Museum of Vienna. A copy of it is given in Drakenborch's edition of Livy.' We have, in our account of the Roman Baccha- nalia, closely followed the description given by Livy, which may, indeed, be somewhat exaggerated; but, considering the difference of character between the Greeks and Romans, it cannot be surprising that a festival like the Dionysia, when once introduced among the Romans, should have immediately de- generated into the grossest and coarsest excesses. Shnilar consequences were seen immediately aftei the time when the Romans were made acquainted with the elegance and the luxuries of Greek life ; for, like barbarians, they knew not where to stop, and became brutal in their enjoyments. But whetherthc account of Livy bo exaggerated or not, thus mucl: is certain, that the Romans, ever since the time of the suppression of the Bacchanalia, considered these orgies as in the highest degree immoral and licen- tious, as we see from the manner in which they ap- plied the words derived from Bacchus, e. g., bacehnr, bacchans, bacckatio, bacchicus, and others. But the most surprising circumstance in the account of Livy is, that the Bacchanalia should have been cel- ebrated for several years in the boisterous manner described above, and by thousands of persons, with- out any of the magistrates appearing to have been aware of it. While the Bacchanalia were thus suppressed, an- other more simple and innocent festival of Bacchus, the Liberalia (from Liber or Liber Pater, a name of Bacchus), continued to be celebrated at Rome every year on the 16th of March.* A description of the ceremonies customary at this festival is given by Ovid," with which may be compared Varro.' Priesta and aged priestesses, adorned with garlands of ivy, carried through the city wine, honey, cakes, and sweetmeats, together with an altar with a handle {dnsala ara), in the middle of which there was a small firepan {foculus), in which, from time to time, sacrifices were burned. On this day Roman youllia who had attained their sixteenth year received the toga virilis.' That the Liberalia were celebrate i with various amusements and great merrimen'., might be inferred from the general character of Di- onysiac festivals ; but we may also see it from the name Liidi Liberales, which is sometimes used in- stead of Liberalia ; and Naevius' expressly says 1. (Liv., xxi-ix., 18.) -2. (De Leg., ii., 15.)— 3. (torn. vii.,p 197, scqq.)- 4. (Ovid, Fast., iii., 713.)— 5. (1. c.)— 6. (De Ijne. Lat., V. 55, ed Binoiit.)— 7. (Cic. ad Att., •!., 1.)— 8. tap Fes:-* DIPLOMA. DISCUS. tliat persjus expressed themselves very freely at the Liberalia. St. Augustine' even speaks of a liigli degree of licentiousness carried on at this festival. *DIOS ANTHOS (Atof uvBoc), a plant. Sprengel conjectures that it was the Agroslemma Flos Jovis ; but Stackhouse hesitates between the Agrostemma and the Dianthus Caryophyllus, or Carnation." DIOSGU'RIA {AioaKovpia), festivals celebrated in various parts of Greece in honour of the Dioscuri. The Spartan Dioscuria mentioned by Pausanias^ and Spanheim,* were celebrated with sacrifices, re- joicings, and drinking. At Cyrene the Dioscuri were likewise honoured with a great festival.' The Athe- nian festival of the Dioscuri has been described un- der Anaceia. Their worship was very generally adopted in Greece, especially in the Doric and Achaean states, as we conclude from the great num- ber of temples dedicated to them; but scarcely any- tliing is known respecting the manner in which their festivals were celebrated. *DIOS'PYRUS (AiooTOpnf), according to Stack- house, the Diospyrus Lotus ; but Schneider doubts whether the fruit of the latter agrees in character with the description of the dcoairvpog as given by Theophrastus." DIO'TA was a vessel containing two ears (iJra) or handles, used for holding wine. It appears to have been much the same as the amphora.' (Vid. Amphora.) ♦DIPHR'YGES (difpvye^), " evidently," accord- ing to Adams, " a metallic compound of copper. Sprengel says it consisted principally of burned cop- per, with a certain admixture of iron. Dr. Milligan calls it an oxide of copper. Matthiolus gives it the name of Jl/arc de bronze, i. e.. Husk of bronze.'" *DIPS'ACUS (SiijiaKoc),' the Dipsacus Fullonum, Fuller's Thistle, or manured Teasel. Stephens calls it Chardon de Bonnelier. The leaves are concave, and so placed as to contain water.' *DIPSAS (dii/'af), the name of a venomous ser- pent, whose bite causes insatiable thirst, whence the name, from di'fua, "to thirst." Sprengel marks it as the Coluber prester, or black viper. According to Adams, it is sometimes found in England. A splendid description of the effects of its sting is giv- en by Lucan. For farther information, the student is referred by Adams to Nicander, Dioscorides, Ae- tius, and the other writers on toxicology, as also to Lucian's treatise on the Dipsades.'" DIPHTH'ERA {difOipa) was a kind of cloak made of the skins of animals, and worn by herdsmen and country people in general. It is frequently men- tioned by Greek writers." Pollux" says that it had a covering for the head (kKixpuvov), in which rp.ipect it would correspond to the Roman cucullus. ( Vid. CncuLLUs.)" DIPHROS ((!i>pof). ( Vid. CuERus, p. 333.) DIPL'OIS (dnzXote.) (Vid. Pallium.) DIPLO'MA was a writ or public document, which conferred upon a person any right or privilege. Du- ring the Republic it was granted by the consuls and senate ; and under the Empire, by the emperor and the magistrates whom he authorized to do so.'* The diploma was sealed by the emperor ;" it con- sisted of two leaves, whence it derived its name. 1. (De Civ. Dei, yii., 21.)— 2. (Thoophras':., vi., I; vi., 6.— iiama. Append., s. v.)— 3. (iv., 27, ^ 1, compiired with iij., 16, * 3 t— 4. (aa Callim., Hymn, in Pall., 24.)— 5. (Schol. ad Find., Prth., v., 629.)— 6. (Tlieophrast., H. P., iii., 13.— Adams, Ap- pend., 8. V.)— 7. (Ilor., Carm., I., ix., 9.) — 8. (Diosoor., v., 119. —Paul. JSgin., vii., 3. — Adams, Append., s. v.) — 9. (Dioscor., iii., 11.— Adams, Append., s. v.) — 10. (Mlim, N. A., vi., 51.— Lucan, ix., 610.— Adams, Append., s. T.)— 11. (Aristoph., Nilb., (9.— Schol. ad loc— Vesp., 444.— Plato, Crit., p. 53. — Lndan, Tim., c. 12.) — 12. (Onom., vii., 70.) — 13. {Becker, Chariltles, ii., p. 359.)— 14. (Cic. ad Pam., vi., 12 ; ad Alt., x. 17 ; c. Pis., 37.— Sen.. Ben., vii., 10.— Suet., Cal , 38 i Nor., 12 ; 0th., 7.— llip". 4.f. '-t. 10. s. 27.)— 15. fSuet.. Octav.. 50.) I'hese writs were especially given to public ::ou» iers, or to those who wished to procuie the use oj the public horses or carriages.' The tabellarii o( the emperor would na"\urally always have a dipto raa ; whence we read in an inscription' of a diploma rius tabellarius. AinPHPOI NHES (<5j-pwpoi I'^ff ). (Vid. AMtl nPTMNOI NHES.) DIP'TYCHA (Siwrvxoi) were two Writing tablets which could be folded together. Herodotus' speaks of a deXriov di.vrvxov made of wood, and coveied over with wax.* The diptycha were mace of dif ferent materials, commonly of wood, but sometimes of ivory. Under the Empire, it was the custom of the con- suls and other magistrates to distribute among their friends and the people, on the day on which they entered on their office, tablets, called respectively diptycha consularia, pnetoria, mdilitia, &c., which were inscribed with their names, and contained their portraits. Several of these diptycha are given by Montfaucon." DIRECTA ACTIO. (Vid. Actio, p. 17.) DIRIBITO'RES are said by most modern writers to have been the persons who gave to the citizens the tabclla with which they voted in the comitia {vid. CoMiTiA, p. 297) ; but Wunder has most distinctly proved, in the preface to his Codex Erfutensis,'' that it was the office of the diribitores to divide the votes when taken out of the cistm, so as to determine which had the majority. He remarks that the ety- mology of diribere would lead us to assign to it the meaning of "separation" or "division," as it is compounded of dis and habere, in the same manner as dirimere is of dis and emerc ; the A disappears as in prabere and dehere, which come respectively from prce and habere, and de and habere. In several paiv- sages the word cannot have any other significatiw than that given by Wunder.' When Cicero says,' " vos rogatores, vos dirihi' tores, vos custodes tabellarum," we may presuRie that he mentions these officers in the order in which they discharged their duties in the comitia. It was the office of the rogatores to collect the tabellae which each century gave, as they used, before the ballot was introduced, to ask (rogare) each century for its votes, and report them to the magistrate who pre- sided over the comitia. The diribitores, as has been already remarked, divided the votes when la- ken out of the cistm, and handed them over to tho custodes, who checked them off by points marked on a tablet. Many writers have confounded the cista with tlie sitella or urna, into which the sortes or mere lots were cast ; the true difference between these words is explained under Sitella. DISCUS ((JiffKof), a circular plate of stone (/aft VOL (Sia/coi"") or metal (splendida pondcra disci^^), madt , for throwing to a distance as an exercise of strengtli and dexterity. This was, indeed, one of the princi- pal gymnastic exercises of the ancients, being inclu- ded in the JlivTad^ov. . It was practised in the he- roic age ;" the fable of Kyacinthus, who was killed by Apollo as they were playing together at this game," also proves its very high antiquity. The discus was ten or twelve inches in diameter, so as to reach above the middle of the forearm when held in the right hand. The object was to throw it 1. (Plin., Ep., X., 14, 121.— Corapaie x., 64, 55.) — 2. (OrelU, No. 2917.)— 3. (vii., 239.)— 4. (Compare Pollux, iv., 18.)— 5 (Codex Theod., 15, tit. 9, s. 1.) — 6. (Antiq. Eipl., Suppl,, vol iii., p. 220, &c.)— 7. (p. cixvi.-clviii.)— 8. (Cic, Pro Plane, 20; ad Qu. Frat., iii., 4, 1/ 1. — Varro,I)e Re Rust., iii., 2, ^1 ; iii., 5, H8.)— 9. (in Pis., 15.)— 10. (Find , Isth., i., 34.)— 11. (Mart., xiv., 164.) — 12. (Horn., II., ii., 774. — Od., vi., 626; viii., 129, 186-188; ivii., 168. — Eurip., Iph. in Anl., 200.) — 13. (OviU Met., X., JB7-2I9.) ■Jfi7 DISCUS UIVINATIU trom a fixed spot to the greatest distance ; and m doing this, each player had a friend to mark the point at which the discus, wiien thrown by him, struck the ground, as is done by Minerva on behalf of IJiysses when he contends with the Phseacians ;' fixa signalur terra sagilta.' The distance to which It was commonly thrown became a measure of length, called ra SiaKovpa.^ The space on which the discobolus, or thrower of the discus, stood, was called ^aMig, and was in- dicated by being a little higher than the ground sur- 'ounding it. As each man took his station, with ills body entirely naked, on the jSaXStg, he placed his right foot forward, bending his knee, and resting principally on this foot. The discus being held, ready to be thrown, in his right hand, he stooped, turning his body towards it, and his left hand was naturally turned in the same direction.* This atti- tude was represented by the sculptor Myron in one of his works, and is adduced by Quintilian' to show how much greater skill is displayed by the artist, and how much more powerful an effect is produced on the spectator, when a person is represented in action, than when he is at rest or standing erect. We fortunately possess several copies, more or less entire, of this celebrated statue; and one of the best of them is in the British Museum (see the annexed woodcut). It represents the player just ready to swing round his outstretched arm, so as to describe with it a semicircle in. the air, and thus, with his collected ;'orce, to project the discus at an angle of forty- f.\o degrees, at the same time springing for- ward BO as to give it the impetus of his whole body. Dif;am "vasto contorquet turbine, et ipse prosequi- By metaphor, the term diseiis was applied to a mirror' (vid. Speodhim) ; to the orb of the sun as seen by us ; and to a flat round plate used to hold meat, whence the English disk. Sometimes a heavy mass of a spherical form (ao- ^of) was used instead of a discus, as when the Greeks at the funeral games contended for a lump of iron, which was to be given to him who could throw it farthost.» The (roXof was perforated in the centre, so tliat a rope or thong might be passed through, and nsed in throwing it.' In this form the diacobolia in still practised by the mountaineers of the cantnn of Appenzell, in Switzerland. They rfieet twi-e a year to throw round stones of great (weight Md size. This they do by a sudden leap !. (Od., viii., 186-200.)— 2. (Stat.., Thet., •"!., 703.) — S. (11., xjiii., 431, 523.)- -4. (Pliilostr. Sen., Ining., i., 24.— Wricker, iul loc.*— S. (Inst. Or., ii., 13, ^ 10.)— 6. (Statins, '. c.)— 7; (Bninck., Aril., il., p. 494.)— 8. (U., xiiii., 826-846.)— 9. (Eratoath., Bem- lt-l"y, p. 251.) 36fl and forcible sw.nging of the whole body, '.rheaanie stone is taken by all, as in the case of tlie ancienl discus and aoXog : lie who sends it to the greatest distance receives a public prize. The stone is lifted as high as the right shoulder (see woodcut ; xaru- /mHoio') before being projected." DISPENSA'TOR. (Fid. Caloulatoi.I DITHYRA'MBUS. {Vid. CHonns, p. 247.) DIVERSO'RIUM. {Vid. Caupona.) DIVINA'TIO is, according to Cicero,^ a presen- sion and a knowledge of future things ; or, accord- ing to Chrysippus,* a power in man which foresees and explains those signs which the gods throw in his way, and the diviner must therefore know the disposition of the gods towards men, the import ol their signs, and by what means these signs are to be obtained. According to this latter definition, the meaning of the Latin word divinatio is narrower than that of the Greek /zavrcK^, inasmuch as the latter signifies any means by which the decrees of the gods can be discovered, the natural as well as the artificial ; that is to say, the seers and the ora- cles, where the will of the gods is revealed by inspi ration, as well as the divinatio in the sense of Chry- sippus. In the one, man is the passive agent through which the deity reveals the future; while in the other, man discovers it by his own skill or experience, without any pretension to inspiration. As, however, the seer or vates was also frequently called divinus, we shall treat, under this head, of seers as well as of other kinds of divinatio. The subject of oracles is discussed in a separate article. {Vid. Okacui.um.) The belief that the decrees of the divine will were occasionally revealed by the deity himself, oi could be discovered by certain individuals, is ono which the classical nations of antiquity had, in com- mon with many other nations, before the attainment of a certain degree of intellectual cultivation. In early ages such a belief was natural, and perhaps founded on the feeling of a very close connexion between man, God, and nature. But in the course of time, when men became more acquainted with the laws of nature, this belief was abandoned, al least by the more enlightened minds, while the mul- titudes still continued to adhere to it ; and the gov- ernments, seeing the advantages to be derived from it, not only countenanced, but encouraged and; sup- ported it. The seers or /iuvTet(, who, under the direct influ- ence of the gods, chiefly that of Apollo, announced the future, seem originally to have been connecteci with certain places where oracles were given ; but in subsequent times they formed a distinct class of persons, independent of any IpcaHty ; one of them is Galchas in the Homeric poems. Apollo, the god of prophecy, was generally the source from which the seers, as well as other diviners, derived theii knowledge. In many families of seers the inspired knowledge of the future was considered to be he- reditary, and to be transmitted from father to son To these families belonged the lamids,' who from Olympia spread over a considerable part of Greece ; the Branchidae, near Miletus ;" the Eumolpids, at Athens and Eleusis ; the Clytiads,' the Tclliads,' the Acarnanian seers, and others. Some of these famines retained their celebrity till a very late pe- riod of Grecian history. The mantels made their revelations either when requested to do so on im- portant emergencies, or they made them sponts- neously whenever they thought it necessary, eiihei 1. (H., xxiii., 431.)— 2 (Ebel, Schildorung der Gel)iiKS»«lk« der Schweitz, i., p. 174.) - 3. (De Divin., i., 1.) - 4. (Cio., Pn Divin., ii., 63.) — 5. (Pans, in., 11, 4 5, Ac. — BflDkh ad Eind., 01., vi., p. 152.)— 6. (Conon., 33.) -7. (Paul., vi., 17, H^)'-* (Herod., viii., 27.— Pans., i., 1, I/ 4, dec- Herod., ijc., ST.) DiV^lNATIO DIVINATIU. I w prevent some calamity or to stimulate their coun- P rymen to something beneficial. The civil govern- ■1 ment of Athens not only tolerated, but protected I and honoured them ; and Cicero' says, that the man- tels were present in all the public assemblies of the Athenians." Along with the seers we may also ■ mention the Bacides and the Sibyllse. Both existed from a very remote time, and were distinct from ! the mantels so far as they pretended to derive their I knowledge of the future from sacred books (xRV/^oO i which they consulted, and which were in some pla- i ces, as at Athens and Rome, kept by the govern- 1 ment or some especial officers, in the acropolis and 1 in the most revered sanctuary. Bacis was, accord- ing to Pausanias,' in Bceotia, a general name for a man inspired by nymphs. The scholiast on Aris- i tophanes* and .(Elian' mention three oiiginal Baci- des, one of Eleon in Bceotia, a second of Athens, 1 and a third of Caphys in Arcadia.' From these 1 three Bacides all others were said to be descended, and to have derived their name. Antichares,' Mu- S8eus,' Euclous of Cyprus," and Lycus, son of Pan- dion,'" probably belonged to the Bacides. The Sib- yllae were prophetic women, probably of Asiatic or- igin, whose peculiar custom seems to have been to wander with their sacred books from place to place." .(Elian" states that, according to some authors, there were four Sibyllse, the Erythraean, the Sa- mian, the Egyptian, and the Sardinian ; but that others added si.K more, among whom there was one called the Cumaean, and another called the Jewish Sibylla. Compare Suidas," and Pausanias," who has devoted a whole chapter to the Sibyllae, in which, however, he does not clearly distinguish be- tween the Sibyllae properly so called, and other wom- en who travelled about and made the prophetic art their profession, and who seem to have been very numerous in all parts of the ancient world.'* The Sibylla whose books gained so great an importance at Rome was, according to Varro," the Erythrsan : the birks which she was said to have sold to one of the Tarquins were carefully concealed from the public, and only accessible to the duumvirs. The early existence of the Sibyllae is not as certain as that of the Bacides ; but in some legends of a late date they occur even in the period previous to the Trojan war, and it is not improbable that at an early period every town in Greece had its prophe- cies by some Bacis or Sibylla." They seem to have retained their celebrity down to the time of Antiochus and Demetrius." Besides these more respectable prophets and prophetesses, there were numbers of diviners of an inferior order (;jp);af Laotant ' 6.) — 17. (Pans., 1. c.) — 18. (See Viebuhr, Hjst. ol Roiti? . r 503. &o.)— 19. (Thucyd., ii., 21. Ariston^ 'I- '''■^* Fal 936. 1034. &c.) A A A pretation of numberless signs and phenomena. No public undertaking of any consequence was ever entered upon by the Greeks and Romans without consulting the will of the gods, by observing the signs which they sent, especially those in the sac- rifices offered for the purpose, and by which they were thought to indicate the success or the failure of the undertaking. For this kind of divination no divine inspiration was thought necessary, but mere- ly experience and a certain knowledge acquired by routine ; and although, in some cases, priests were appointed for the purpose of observing and explain- ing signs (vid. Augur, Haruspei), yet on any sud den emergency, especially in private affairs, any one who met with something extraordinary might act as his own interpreter. The principal signs by which the gods were thought to declare their will, were things connected with the offering of sacrifi- ces, the flight and voice of birds, all kinds of nat- ural phenomena, ui Jinary as well as extraordinary and dreams. The interpretation of signs of the first class {ieijo ^avTela or lepoaicoKta, harusjpicium or ars haruspicina) was, according to ^schylus,' the invention of Pro- metheus. It seems to have been- most cultivated b;» the Etruscans, among whom it was raised into a complete science, and from whom it passed to tho Romans. Sacrifices were either offered for the special purpose of consulting the gods, or in the or- dinary way ; but in both cases the signs were ob- served, and when they were propitious, the sacri- fice was .said KaMiEpeiv. The principal points that were generally observed were, 1. The manner in which the victim approached to the altar, whether uttering a sound or not ; the former was consider ed a favourable omen in the sacrifice at the Panio- nium." 3. The nature of the intestines with re- spect to their colour and smoothness f the livei and bile were of particular importance. ( Vid. Ciru r ExTORUM.) 3. The nature of the flame w(iich con- sumed the sacrifice;* hence the words mipo/tavreia, ^fiTTvpa GTJfiara, ^AoytJTrti avfiara. That the smoke rising from the altar, the libation, and various other things offered to the gods, were likewise consic'ered as a means through which the will of the gods might be learned, is clear from the names KaTtvofiavTeia, XtSavo^avTsla, Kpc6ofiavTeta, and others. Especial care was also taken, during a sacrifice, that no inau- spicious or frivolous words were uttered by any of the by-standers : hence the admonitions of the priests, eitpTifielre and €V(l>7jfica, or atydTE, GtoiruTe, favele Un- guis, and others ; for improper expressions were not only thought to pollute and profane the sacred art, but to be unlucky omens (Svai^rjiila, /tXjtfwef, (ji^fiai, ijiavai, or bjKJiaV'). ' .,', • The art of interpreting signs.oflthe second class was called oluvcaTCKJj, augurmm -OT ^tcuspicium. It was, like the former, common to Greeks and Ro- mans, but was never developed into so complete a system by the former as by the latter ; nor did it ever attain the same degree of importance in Greece as it did at Rome. (Vid. Auspioium.) The Greeks, when observing the flight of birds, turned their face towards the north, and then a bird appearing to the right (east), especially an eagle, a heron, or a fal- con, was a favourable sign," while birds appearing to the left (west) were considered as unlucky signs.' Sometimes the mere appearance of a bird was thought sufficient : thus the Athenians always con- sidered the appearance of an owl as a lucky sign , hence the proverb, yAoif hraTai, " the owl is out," 1. (Prom. Vinct., 492, &o.)— 2 (Strab., iiiii , p. 384.— Com pare Paus., iv., 32, j 3.)— 3. (Mscr,., Rom., 493 — Eurip., Elect 833.)— 4. (See Valckenaer ad Eurip., Phoen., 1261.)— 5. (Find, 01., Ti., 112.— II., ii., 41 ;— 6 (Horn., II., idv., 274, niv., 310 — Od., XT., 524.)— 7. (Horn, 11., xii., 201, 230.— Festus, s. t SinistrsB Aves.) 369 UIVINATIO. jjlVOKllXJM. i. f,., we aave goou Juck. Other animals appearing unexpectedly, especially to travellers on their road {tvoka av/iSofM), v.ere also thought ominous ; and at Athens it was considered a very unlucky omen when a weasel appeared during the assembly of the people.' Superstitions of this kind are still met with in several European countries. Various other means were used to ascertain the will of the gods, such as the aidTipofiavreia, or divination by placing straws on red-hot iron ; the iiolvSjiavTela, by ob- serving the figures which melted lead formed ; the ^OTU'joiiavTtia, or divination by writing one's own name on herbs and leaves, which were then ex- posed to the wind, &c. Of greater importance than the appearance of an- imals, at least to the Greeks, were the phenomena in the heavens, particularly during any public trans- action. They were not only observed and interpret- ed by private individuals in their own affairs, but by the public magistrates. The Spartan ephors, as we learn from Plutarch,' made regular observations in the heavens every ninth year during the night ; and the family of the Pythaistae, of Athens, made similar observations every year before the theoris set sail for Delos.' Among the unlucky phenomena in the heavens {Sioariiicta, signa or pmtenta) were thunder and lightning,* an eclipse of the sun or moon,' earthquakes,' rain of blood, stones, milk, &.C.' Any one of these signs was sufficient at Ath- ens to break up the assembly of the i)eople." In common life, things apparently of no importance, when occurring at a critical moment, were thought by the ancients to be signs sent hy the gods, from which conclusions might be drawn respecting the future. Among these common occurrences we may mention sneezing," twinkling of the eyes,'" tinkling of the ears, and numberless other things which we cannot here enumerate. Some of them have re- tained their significance with the superstitious mul- titude down to the present day. The art of interpreting dreams (wetpon-oAia), which bad probably been introduced into Europe from Asia, where it is still a universal practice, seems in the Homeric age to have been held in high esteem ; for dreams were said to be sent by Zeus." In subse- (juent times, that class of diviners who occupied themselves with the interpretation of dreams seems to have been very numerous and popular ; but they never enjoyed any protection from the state, and were chiefly resorted to by private individuals. Some persons are said to have gained their liveli- hood by this profession." Respecting the oracles which were obtained by passing a night and dream- ing in a temple, see ORAcnLUM. For farther information concerning the art of divination in general, see Cicero's work De Divi- natione. The /lavriKri of the Greeks is treated of at some length by Wachsmuth." The word divinatio was used in a particular man- ner by the Romans as a law-term, which requires some explanation. If in any case two or more ac- cusers came forward against one and the same in- dividual, it was, as the phrase ran, decided by divi- natio who should be the chief or real accuser, whom the others then joined as subscriptores, i. c., by put- ting their names to the charge brought against the 1. (Aristoph., Ecoles., 793 )— 2. (Agesil., U.)— 3. {Mailer.Do- rians, ii., 2, ^ 14.) — i. (Aristoph., Ecoles. 793.— Eustath. ad Horn., 0(1., XX., 104.)— 5. (Thuoyd., vii., 50.)— 6. (Xen., Eel., iv., 7, « 4.) —7. (Ilom., II., xi., 53, &c.— Cic, De Divin., i., 43.)— 8. (Schd- mann, De Comit. Athen , p. 146, &c., tiuosl.) — 9. (Horn., Od., xvii., 561, with note of Eustath. — Xen., Aoab., iii., 2, Ij 9. — Plot. Theniist,, 13.— Ovid, Ileroid., 19, 151.— Propert., li., 2, 33.)— id! (Theocrit., iii., 37.— ?laut.. Pseud., I., li., 105. — Compare Wilste- Kiann ad Theocrit., 1. c.) — 11. (Horn., II., i., 63 ; ii., init. — Od., 17., 841 ; xix., 457.)— 12. 'Plut., Aristid., 27.)^13. (Hellen. Al- terth., ii., 2, p. 259, (5;(;.--Ci)mparG Thirlwall's Hist, of Greece, i., p. 206, &C.1 17 > offendei. This transaction, by which one of scto al accusers was selected to conduct the accusation was called divinatio, as the question here was not about facts, but about something which was to be done, and which could not be found out but by wjt. nesscs or written documents ; so that the judices had, as it were, to divine the course which tliey had to take.' Hence the oratio of Cicero, in whict he tries to show that he, and not Q. Csecilius Niger ought to conduct the accusation against Verres,is called Divinatio in Cacilium.' DIVrSOR. (Vid. Ambitus.) DIVO'RTIUM, generally a separation, and, in a special sense, a dissolution of marriage. A Roman marriage was dissolved by the death of the wife or husband, and by divortium or separation in the life- time of the husband and wife. Divorce, or the absolute determination of the iii?r- riage relation, always existed in the Roman polity so far back as we know anything of it ; and there might be divorce both in the case of a marriage with conventio in manuin, and in the case of a marriage when there was no conventio, and, conse- quently, the relation of the wife to her own famiiia still continued. The statement of Plutarch,' that the husband alone had originally the power of ef- fecting a divorce, may be true ; but we cannot relj altogether on such an authority. As one essential part of a marriage was the consent and conjugal affection of the parties, it was considered that this affection was necessary to its continuance,'and, ac- cordingly, either party might declare his or her in- tention to dissolve the connexion. No judicial de- cree, and no interference of any public authoritj, was requisite to dissolve a marriage. Filii familias, of course, required the consent of those in whose power they were. The first instance of divorce at Rome is said to have occurred about li.C. 234, when Sp. Carvilius Ruga put away his wife* on the ground of barrenness : it is added that his conduct was generally condemned. The real meaning of the story is explained by Savigny with his usual acuteness.' Towards the latter part of the Republic, and un- der the Empire, divorces became very common. Pompey divorced his wife Mucia for alleged adul- tery, and his conduct was approved ,' and Cicero speaks of Paula Valeria' as being ready to serve her husband, on his return from his province, with notice of divorce." Cicero himself divorced his wife Terentia, after living with her thirty years, and married a young woman. If a husband di- vorced his wife, the wife's dos, as a general rule, was restored (,vid. Dos); and the same was the case when the divorce took place by mutual con- sent. As divorce became more common, attempts were made to check it indirectly, by affixing pecu- niary penalties or pecuniary loss to the party whose conduct rendered the divorce necessary. This was part of the object of the lex Papia Poppaea, and of the rules as to the relentio dotis and judicinm mo- rum. There was the retentio dotis propter Uberos, when the divorce was caused by the fault of the wife, or of her father, in whose power she was : three sixths of the dos was the limit of what could be so retained. On account of matters momm gra- viorum, such as adultery, a sixth part might be re- tained ; in the case of matters morum leviorum, one eighth. The husband, when in fault, was pun- ished by being required to return the dos earlier 1. (Asconius in Argum. ad Cic, Divinat. in Cajcil., p- 99, ^ Orelli.)— 2. (Compare c. 15 and 20 of the Oratio, and Gellias,"., 4.)— 3. (Romul., 22.)— 4. (Aul. GeU., iv., 3 ; xvii., 21.— VaLMai. ii., 1, (I 4.)— 5. (Zeitschrift, &c., v., 269.)— 6. (Cic, Ep. ad Att. i., 12.)— 7. (Ep. ad Fam., viii., 7.)— 8. (Coripaio JuT,vi„S!H *Vc. — Mart., vi., 7.) UOCANA. DOGMATICI. than it was otherwise returnable. After the di- vorce, either party might marry again. By the lex Papia Poppsa, a freedwoman who had married her patronus could not divorce herself ; there appears to have been n : other class of persons subjected to this incapacity. Corresponding to the forms of marriage by con- farreatio and coemtio, there were the forms of di- vorce by diffarreatio and remancipatio. According to Festus,' diffarreatio was a kind of religious cer- emony, so called, " quia fiebat farreo libo adhibito," t)y which a marriage was dissolved ; and Plutarch'' has been supposed to allude to this ceremony in the case of a divorce between the flamen dialis and his wife. It is said that originally marriages contract- ed by confarreatio were indissoluble , and in a later age, 'this was the case with the marriage of the fla- men dialis,' who was married by confarreatio. In the case referred to by Plutarch, the emperor au- thorized the divorce. A maiTiage by coemtio was dissolved by remancipatio.* In course of time less ceremony was used, but still some distinct notice or declaration of intention was necessary to consti- tute a divorce : the simple fact of either party con- tracting another marriage was not a legal divorce.' The ceremony of breaking the nuptiales tabula,' or of taking the keys of the house from the woman and turning her out of doors, were probably consid- ered to be acts of themselves significant enough, though it may be presumed that they were general- ly accompanied with declarations that could not be misunderstood. The general practice was appa- rently to deliver a written notice, and perhaps to as- sign a reason. In the case of Paula Valeria, men- tioned by Cicero, no reason was assigned. I3y the lex Julia de Adulteriis, it was provided that there should be seven witnesses to a divorce, Roman cit- izens of full age (jpuberes), and a freedman of the party who made the divorce. Under the Christian emperors divorce was pun- ished in various ways, but still the power of di- 7orce remained, as before, subject to the observ- ance of certain forms. Theodosius and Valentin- ian III., and subsequently Justinian, made various laws, by which punishment was imposed, not only on the party who gave good cause for the divorce, or who without any good cause made a divorce, but also on both parties when they dissolved the mar- riage by agreement without good legal cause. The penalties in such cases varied with the circumstan- ces ; they were both pecuniary and personal. The term repudium, it is said, properly applies to a marriage only contracted {vid. Sponsalia), and di- vortium to an actual marriage ;' but sometimes di- vortium and repudium appear to be used indifferent- ly. The phrases to express a divorce are nuncium remittere, divortium facere ; and the form of words might be as follow : " Twas res tibi habeto, tuas res tibi agito."" The phrase used to express the renunciation of a marriage contract were renun- tiare repudium, repudium remittere, dicere, and re- pudiare ; and the form of words might be, " Condi- tione tua non utor.'" For the subject of Greek divorce, see AIIOAEI- tEBS AIKH, and Marriage, Greek. DOC'ANA (Ao/cava, rd : from do/(6f, a beam) was an ancient symbolical representation of the Dios- curi (Castor and Polydeuces) at Sparta. It con- sisted of two upright beams, with others laid across them transversely." This rude symbol of fraternal unity evidently points to a very remote age, in which scarcely any attempts in sculpture can have 1 (9. V. Diffarreatio.)— 2. (Quist. Rom., 60.)— 3. (Gell., i., 15.) — 4. (Festu^, s. V. Remancipatam.) — 5. (Cic, Orat., i., 40.) 6. (Tacit., Ann., xi., 30.)— 7. (Dig. 50, tit. 16, s. 101, 191.)— 8. (Cic, Phil., ii., 28.)— 9. (Dig. 24, tit. 2.— Ulp., Frag., vi.-Hei- MKCC, STntagina.) — 10. (Plot., De Amur. Frat i.. d. 3fi.) been made. At a later time, when works of art were introduced into all the sphereLi of ordinary life, this rude and ancient object of worship, like many others of its kind, was not supersede(i by 3 more appropriate symbol. The Dioscuri were wor- shipped as gods of war, and we know that their im- ages accompanied the Spartan kings whenever they took the field against the enemy. But when, in the year 504 B.C., the two kings, during their invasion of Attica, failed in their undertaking on account of their secret enmity towards each other, it was do creed at Sparta that in future only one king should command the army, and, in consequence, should only be accompanied by one of the images of the Dioscuri.' It is not improbable that these images, accompanying the kings into the field, were the an- cient doKava, which were now disjointed, so that one half of the symbol remained at Sparta, while the other was taken into the field by one of the kings. Suidas and the Etyraologicum Magnum' state that Soicava was the name of the graves of the Dioscuri at Sparta, and derived from the verb (Sc- DOCIMASIA {SoKijiaaiai. When any citizen of Athens was either appointed by lot or chosen by suffrage (uTaipoirbg Kal alperoi) to hold a public of- fice, he was obliged, before entering on its duties, to submit to a So/ujiaaia, or scrutiny into his pre- vious life and conduct, in which any person could object to him as unfit. This was the case with the archons, the senators, the strategi, and other magistrates. The examination, or anacrisis, for the archonship was conducted by the senators, or in tht courts of the heliaea.' The doKi/iatrta, however, was not confined to persons appointed to public offices : for we read of the denouncement of a scrutiny (cr- ayyeXia ^oKifuimaO against orators who spoke in the assembly while leading profligate lives, or after having committed flagitious crimes. This denounce- ment might be made in public by any one Trpof &o- KLfiaalav tov jSiov, i. c, to compel the party com- plained of to appear before a court of justice, and give an account of his life and conduct. If found guilty, he was punished with an/iia, and prohibited from the assemblies." We will now explain the phrase avipa elvai doia- fiaaS^vat. At the age of eighteen every Athenian became an ephebus, and after two years was en rolled among the men, so that he could be present and vote at the assemblies.' In the case of wards who were heirs to property, this enrolment might take place before the expiration of the two years, on it's being estabhshed by a SoKifiatsia that the youtli was physically qualified to discharge any duties the state might impose upon him. If so, he was re- leased from guardianship, and " became a man" {avrip iyevero or kdoKt/idaBii), being thereby empow- ered to enter upon his inheritance, and enjoy other privileges, just as if he were of the full age of twen- ty.' We may add that the statements of the gram- marians and orators are at variance on this point ; but the explanation we have given seems the best way of reconciling them, and it agrees in substance with the supposition of Schoraann, "that among the Athenians no one period was appointed for enrol- ment, provided that it was not done before the at- tainment of the 18th, nor after the completion of the 20th year." DODHANS. (Vid. As, p. 110.) DOGMA'TICI {Soy/iariKoi), the oldest of the med- ical sects of antiquity, must not be confounded with 1. (Herod;, T., 75.)— 2. (s.v.)— 3. (Miiller, Dorians, i., 5, ij 12, note m; ii., 10, « 8.— Kiega, De Obeliscis, p. 228.)— 4. (Wnoh- smutli, !., pt. 1, p. 262.)— 5. (Schilmann, p. 240.— .Ssrli., Ti mar., p. 5.)— 6. (Pollux, Onom., viii., 105.— Schomann, 76.)— 7 (Harpocr., B. y. 'Eiri&rcs i6?oai.--Demo8th., c. iihob. 39', c. Onet., 865 ; o. Steph.. 1135.) •vri DOGMATICI. DOGMATICl. Jie philosophers mentioned by Diogenes Laertius." They derived their name from doy/ia, a philosophical tenet or opinion, because they professed to follow the opinions of Hippocrates, whence they were Bomstimes called HippocrtUici. Thessalus, the son, and Polybus, the son-in-law of Hippocrates, were the founders of this sect, about B.C. 400, which en- joyed a great reputation, and held undisputed sway over the whole medical profession, till the estab- lishment of the Alexandrean school of philosophy called Empiria. (Vid. Empirici.) After the rise of this sect, for some centuries every physician ranged himself under one or other of the two par- ties. The different arguments brought forward on each side are stated with such clearness and ele- gance by Celsus,' that the passage relating to the Dogmatici is here given at full length, and the ob- jections of the otlif.r party in the article Empirici. The Dogmatici held that it-was necessary to be acquainted with the hidden causes of diseases, as well as the more evident ones ; and to know how the natural actions and different functions of the human body take place, which necessarily suppo- ses a knowledge of the interior parts. They gave the name of hidden causes to those which concern the elements or principles of which our bodies are, composed, and the occasion of good or ill health. It is impossible, said they, for a person to know how to set about curing an illness unless he knows what it comes from ; since there is no doubt that he must treat it in one way, if diseases in general proceed from the excess or deficiency of one of the four elements, as some philosophers have sup- posed; in another way, if all the malady lies in the humours of the body, as Herophilus thought ; in another, if it is to be attributed to the respira- tion, according to the idea of Hippocrates (alluding, probably, to the work Tlcpl^vauv, De Flaiibus, which IS generally considered to be spurious) ; in another, if the blood excites inflammation by passing from the veins which are meant to contain it into the vessels that ought only to contain air, and if this inflammation produces the extraordinary movement of the blo(jd that is remarked in fever, according to the opinion of Erasistratus ; and in another, if it is by means of corpuscles which stop in the invisible passages and block up the way, as Asclepiades af- firms to be the case. If this be granted, it must necessarily appear that, of all physicians, he will succeed the best in the cure of diseases who un- derstands best their first origin and cause. The Dogmatici did not deny the necessity of experi- ments also i but they said that these experiments could not be made, and never had been made, but by reasoning. They added, that it is probable that the first men, or those who first applied themselves to medicine, did not recommend to their patients the first thing that came into their thoughts, but that they deliberated about it, and that experiment and use then let them know if they had reasoned justly or conjectured happily. It mattered little, said they, that people declared that the greater num- ber of remedies had been the subject of experiment from the first, provided they confessed that these experiments were the results of the reasoning of :hose who tried the remedies. They went on to say, that we often see new sorts of diseases break out, for which neither experiment nor custom has yet found out any cure ; and that, therefore, it is necessary to observe whence they came and how they first commenced, for otherwise no one can tell why, in such an emergency, he makes use of one remedy rather than another. Such according to the DogiratiM, are the reasons why; a physician i.) 1. (De Vit. Philos., procom., 11.)— 2. (Dc Medic , praf. in lib. 372 ought to try and discover the hidden causes of (||» eases. As for the evident causes, v/hiCh are sucji as can easily be discovered by anybody, and when one has only to know if the illness proceeds from heat or from cold, from having eaten too little ot too much, and the like, they said it was necdssaij to inform one's self of all that, and make on it the suitable reflections ; but they did not think that one ought to stop there without going any farther. They said again, with regard to the natural -actimi, that it was necessary to know wherefore and in what manner we receive the air into our lungs, and why we afterward expire it ; why food is taken into the body, how it is there prepared, and then distributed through every part of it ; why the arter- ies are subject to pulsation ; what is the cause of sleep, wakefulness, &c. : and they maintained thai a man could not cure the diseases relating to these several, functions unless he were able to explain all these phenomena. To give an example taken from the process of digestion : The food, said these phy- sicians, is either ground in the stomach, as Erasis- tratus thought ; or it purifies, according to the no- tion of Plistonicus, a disciple of Praxagoras ; or il is concocted by a peculiar heat, as was the opinion of Hippocrates ; or else, if we are to believe Ascle- piadeSj all these opinions are equally erronecus, and nothing is concocted, but the alimentary matter is distributed throughout the body in the same crude state in which it was taken into the mouth. How- ever much they differ on this point, they all agree that the sort of nourishment proper for a sick per- son will vary according as one or other of these opinions be supposed to be the true one. For if the food is ground to pieces, we must choose that kind which is most easily ground; if it putrefies, we must give what putrefies most quickly ; if it is con- cocted by heat, we must prefer such as is mostapl to excite heat ; but if it is not concocted, we neei not select any of the above-mentioned kinds ol food, but rather such as will remain as it is eaten, and change the least. And in tlie same way thoj argued that, when the breathing is affected, or there is too great sleepiness or wakefulness, if a pbysi cian understands thoroughly the nature of these phe- nomena, he will be able to cure the diseases con- nected with them. Lastly, they maintained that, as the principal pains and diseases proceed irom the internal parts, it is impossible for a person to ad- minister any remedy unless he is acquainted with these parts. They therefore contended that it was necessary to open dead bodies and examine the dif- ferent viscera ; but that it was much the best way to do as Herophilus and Erasistratus, who used to dissect alive the criminals condemned fo death that were put into their hands, and who were thns ena- bled to behold during life those parts which nature had concealed, and to contemplate their situation, colour, figure, size, order, hardness or softness, roughness or smoothness, &c. They added, thai it is not possible, when a person has any intCTial illness, to know what is the cause of it, unless one is exactly acquainted with the situation of all the viscera, nor can one heal any part without un^ derstanding its nature; that, when the intestines protrude through a w-ound, a person who does not know what is their colour when in a healthy state cannot distinguish the sound from the diseasee parts, nor therefore apply proper remedies, vfhile on the contrary, he who is acquainted with the nat ural state of the diseased parts will undertake thi cure with confidence and certainty ; and that, ii short, it is not to be called an act of cruelty, as soni( persons suppose it, to seek pr the remedies of ai immense number of innocem persons in the suffer ings of a 'fv ciminals BOLABRA. DOLABRa. Such were their opinions, and ixe arguments by hich they supported them. Additional informa- on on the subject may be found in various parts ' Galen's worlis.' DOLABRA, dim. DOLABELLA (ff/j/Xi?, dim. ajii- ;ov), a chisel, a celt. For the purpose of planing and polishing wood, le ancients used either the adze, which was impell- 1 in the direction exhibited in the woodcut at page 12 (vid, Asoii), or the chisel, which^ was forced in le opposite direction, i e., from the body of the orkman, as shown in the woodcut at page 62. n account o( the use of these tools in ship-build- ig, Juvenal" describes the merchant as trusting his re " ligno dolato." Statues also were made by the jplication of the chisel. "E robore dolatus,"^ truncus dolamine effigiatus."* The chisel used by stone-masons is represented ; the bottom of the monument, which is the subject ■ the Woodcut to the article Cieoinus (p.; 252). shiar, J. e., stone adapted to be cut and sn^oothed f the chisel, was called "lapis dolabilis." A Greek )igram represents the inscription on a marble tortib 3 engraved by the strokes of the chisel (laorviroic ilkai^ KeKoTkafijihov^), and such letters are called uTimra, ypd/i/iaTa.'^ Dolabrse were also much employed in the opera- ons of horticulture and agriculture. A small sharp lisel was used to cut out the dead wood from the unk of the vine ; an instrument of the same form, lOugh, of course, much more blunt and rough, and 3t called by the same name (dolabella), was em- oyed to stir up the ground about its roots.' This lol was likewise used to refresh the soil in rose- ;ds ;' and the same term " dolabra" is applied to 16 spiid, or small spade, which the ploughman car- ed with him to destroy weeds. Hence the ancient lossaries translate dolabra " a tool for digging" ipvf) ; and Columella' says, with a view to this l)ject, " Nee minus dolabra, quam vomere, bubul- iis utatur." It must have been in a form very similar that the olabra was used by the Greek and Roman armies I making intrenchments and in destroying fortifi- itions. When they made a breach in the wall of city, the expression is " Dolabris perfregere mu- im.'"" In what manner the instrument was ap- lied we may infer from the statement of Livy," lat on a certain occasion soldiers were sent " with olabrae to destroy a wall from its foundation," and lat the execution of this task was easy, because le stones of which the' wall was built were laid in lay or mud, and not in mortar. It is clear that the 36 of the chisels in this instance was to insert lem between the stones, so as to remove the clay, ad in doing this, to loosen and destroy the wall." Dolabras abound in our public museums and in le cabinets of the curious, being known under the univalent name of " celts" to antiquaries, who, owever, generally use the word without under- tanding its true sense." " Celtes" is an olH Latin 'ord for a chisel, probably derived from cmlo, to ngravO: Thus the phrase " celte sculpantur in lice" occurs in the Vulgate version of Job," and maUeolo et celte literatus silex" in an inscription mnd at Pola." These articles are for the most art of bronze, more rarely of hard stone. They re chiefly found, as we might expect from the ac- 1. (F«J. Do DiSf-T. Puis., iv., 3, p. 721, ed. KUhn.-De Mcth. ;ed., iii., 1, .1, p. 159, 182, 184. — Be Cdmpos. Medicam. per ea., ij., 1, p. 463. — Introd., cap; ii., p. 677.) — 2. (xiU, 57.) — 3. ?ic.,Acad., iv., 31.)— -4. (Apul., Florid, ad init.)— 5. {Brunck, aal., i;, 491.)— 6. (Ibid., iii., 497.)— 7. (Cblum., De Ee Rust., ., 24, 26.— De Arlior., 10.)— 8. (Pallad., iii., 21.)— 9. (De Re u£ti,ii., 2.) — 10. (Curt., ix., 5.)— 11. (xxi., 11.) — 12. (Compare iv., ix^ 37.^.^Tacit., Hist., iii., 20.) — 13. (See Jamieson's Etym. ict., s, V. Celt.)— 14. (xix., 24.)— 15. (Grater, p. 329 1 count of their use given by Gurtius, Liv;y, and Ts. citus, in ancient earth-works and encampments, and iri various instances a great number, even more than a hundred, have been discovered together. The sizes and forms which they present are as variou? as the uses to which they were applied. The an- nexed woodcut is designed to show a few of the most remarkable varieties. Fig. 1 is ^om a nelt found, with several others, and with a nuiiibei of Roman coins, at Karnbfe in Coi'nwall.^ Its ler.gth was six inches without the haft, which was no doubt of wood, and fixed directly into the socket at the top. It must have been a very effective implement for removing the stones in the wall of a city or fortifi- cation, after they had been first shattered and loosen- ed in some degree by the battering-ram. The ear or loop which is seen in this and many other celts, would be useful to suspend them from the soldier's girdle, and may also have had a cord or chain at tached to it to assist in drawing back the celt when ever it became too firmly wedged between the stones of the wall which it Was intended to destroy. Figs; 2 and 3 are from Sir W. Hamilton's collec- tion in the British Museum. These chisels seem best adapted for the use of the carpenter. The celt (fig. 4) which was found in Furness, co. Lancaster,' instead of being shaped to receive, or to be inserted into a handle hke the three preceding, is made thick, smooth, and round in the middle, so as to be conveniently manipulated without a handle. It is' nine inches long, and weighs 3 lb. 5 oz. Its sharp edge is like that of a common hatchet, and may have been used for polishing timber. On the other hand, figs. 5, 6, 7 exactly resemble the knife now used by leather-cutters, and there- fore illustrate the account given by Julius Pollux, who reckons this same tool, the aXifiri, among the kpyaXeta tov oKVTOTo/iov. This instrument was also used for cutting paper, and probably in the same manner {a/iiXa xcp't'oTo/ioQ, sicila'). The following woodcut shows a small bionw celt I'lKed into a handle of stag's horn, and Ihesro l.'(Borlase, Ant. of Corm%-3ll, iit., 13.)— 2. \Ai-rha;o'iogia, T. p. 106.)- 3. (Philiix , Gloss.' ■ir'j UOMINAIM. jorb eiemi.liCcs one of the modes of attaching tiis meidl to its haft. It was evidently adapted for very fine worli, and is strongly contrasted with the above- fiCTured celt from Cornwall. It was found in an an- cfent tomb in Wiltshire.' The two other figures in this woodcut represent the knife used in sacrifices, as it is often exhibited on cameos and bas-reliefs, be ing the " scena," " sacena," or " dolabra pontificalis" mentioned by Festus;" and the "securis dolabrata," or hatchet furnished with a chisel,^ as sculptured on a funereal monument. DOL'ICHUS ((56Ai;t;oc). (Vid. Stadium.) DO'LIUM, a cylindrical vessel, somewhat resem- bling our tubs or casks, into which new wine was put to let it ferment. It was at first made of earth. In the time of Pliny, wood does not appear to have been used for this purpose either in Greece or Rome. At a later period dolia were made of wood, held to- gether with hoops. Palladius* speaks of dolia con- taining two hundred congii: it is incredible that such large vessels were made of earth. The shape preferred for dolia was long, and of a small diame- ter. Immediately after they were made they were covered with pitch, and subjected to a farther prep- aration, after which they were filled with wine, but not quite to the brim, and placed in a chamber (cella vinaria), which was at least high enough above the 3arth to have windows. Here the dolia either stood on the ground or were let into it {demersa, depressa, or defossa). Wine which would not keep long was drunk from the dolia ; that which improved by keep- ing was transferred from them to ampkora. The eupa and seria were vessels like the dolia, and used for the same purpose.' DE DOLO MALO ACTIO. {Vid. Culpa.) DOLUS MALUS. {Vid. Culpa.) DOMI'NIUM. Dominium signifies quiritarian ownership, or property in a thing ; and dominus, or dominus legitimus, is the owner. Possessor is often used by Roman writers as equivalent to owner; but this is not a correct use of the word. In like manner, " to have ownership" is sometimes ex- pressed by "possidere," and the thing in which there is property is sometimes called " possessio.'" The complete notion of property or ownership comprehends the determination of the things which may be the objects of ownership ; the power which a man may have over such subjects, both as to du- ration of time and extent of enjoyment ; the modes in which ownership may be acquired and lost ; the persons who are capable of acquiring, transferring, or losing ownership. Res is the general name for anything. The chief division of res is into res divini juris and res hu- mani juris. Res divini juris are those which are appropriated to religious purposes, namely, res sa- crae, sanctas, reUgiosae ; and, so long as they have 'his character, they cannot be objects of property. Res humani juris are all other things that can be the objects of property, and they are either res pub- lica; or res privatae. Res publicae belong to the cor- poration of the state, and can only become private property by being deprived of this public character. (Vid. AGRAKi.a: Leges.) Res universitatis are the property of a corporate body, which are not the property of any individual of the corporation. The phrase res nuUius is ambiguous ; it sometimes means that the thing cannot bo the property of any individual, which is affirmed of things divini juris ; when applied to things humani juris, it sometimes means that they are not the property of an individ- ual, but of a body ; yet such things may become the 1. (Sir R. C. Hoare's Anc. Wilts. South, p. 182, 203.)— 2. (s. T. Scena.)— 3. (Pallad.. De Re Rust., i., 43.)— 4. (x., 11.)— 5. rud. Erster Jahrgang, p. 129.) -4. (Gaius, iv . M. 3.5 '-5 1 UlD., Fran., xxiv., 7.) man civitas by the act of manumission : if lie vvaa only in bonis of the person who manumittiid him, he became only a Latinus by the act of manumission. The difference between quiritarian ownership and in bonis was destroyed by the legislation of Justin- ian, who declared in bonis to be complete owner ship. Some modern writers enumerate, in addition tr the civiles acquisitiones here enumerated, addictio emtio sub corona, sectio bonorum, adjudieatio, and lex, by which last they understand those circum- stances under which some special enactment gives property to a person, and caducum {vid. Caducum) is mentioned as an instance. A bonae fidei possessio was not ownership (do minium), nor was it the same as in bonis. The two things are distinguished by Ulpian.' A bonac fidei possessor had a capacity for acquiring by usucapion the ownership of the thing possessed. He had a kind of action, actio publiciana in rem, by which, if he lost the possession before he had ac- quired the ownership by usucapion, he could recov- er it against all but the owner, in which latter re- spect he differed from him who had a thing in bonis, for his claim was good against the person who had the bare ownership. As to fundi provinciales, it was an old princi- ple of Roman law that there could be no domin- ium in them, that is, no quiritarian ownership {vid. AGKAKIJ5 Leges) ; nor were they said to be in bo- nis ; but the occupier had possessio and nsusfruc- tus. In fact, the terms dominium and in bonis were not applicable to provincial lands, nor were the fictions that were applicable to things in bonis applicable to provincial lands ; but it is an ingeni-iua conjecture of Unterholzner, that the formula actio nis was adapted to the case of provincial lands hj a fiction of their being Italic lands, combined witij a fiction of their being acquired by usucapion. In the case of the ager publious in Italy, the dominium was in the Roman people, and the terms possessio and possessor were appropriate to the enjoyment and the person by whom the land was enjoyed. Still the property in provincial land was hke the property in bonis in Rome and Italy, and it conse- quently became dominium after the distinction be- tween quiritarian and bonitarian ownership was de- stroyed. Ownership was also acquired in the case of occu- patio, accessio, &c. {Vid. Accessio, Alluvio, Con- Ftrsio.) A man who had a legal capacity could acquire property either himself or by those who were " in potestate, manu, mancipiove." He could even ac- quire thus per universitatem, as in the case of an hereditas ; and also he could thus acquire a legacy. If a slave was a man's in bonis, everything that the slave acquired belonged to the owner in bonis, and not to him who had the bare quiritarian ownership. If a man was the " bona fide possessor" of another person, whether that person happened to be a free- man supposed to be and possessed as a slave, or was the property of another, the possessor only ac- quired the ownership' of that which the person sc possessed acquired " e.x re possidentis" and ex " op- eris suis." The same rule applied to a slave in which a man had only the ususfructus ; and the rule was consistent with the rule just laid down, for ususfructus was not property. Sons who were in the power of a father, and slaves, of course, could not acquire property for themselves. {Vid. Pecd- LICM.) Ownership was lost either with the consent o; the owner or against it. With the consent when he transferred it to another, which was the general 1. (Flag., xi.t., 20, 21.) SYB BONARIA DONARIA. ! of acquiring and losing properlj ; without the consent when the thing perished, when it became the property of another by accession or usucapion, when it was judicially declared to be the property of another, or forfeited by being pledged. Owner- ship was not lost by death, for the heres was con- sidered to be the same person as the defunct. As certain persons had not a capacity to acquire, uo some persons had not a liability to lose when others had. Thus the property of a pupillus who was in tutela legitima could not become the prop- erty of another by usucapion ; a fundamental prin- ciple of law, which Cicero, with good reason, was surprised that his friend Atticus did not know." Owrership might be lost by the maxima capitis diminutio ; when it was the consequence of a con- viction for a capital crime, the property was forfeit- ed to the state. (Kid. Sectio Bonoeum.) The media capitis diminutio only affected an incapacity for quiritarian ownership : the person could still re- tain or acquire property by the jus gentium; still, if the media capitis diminutio was the consequence of conviction for a capital crime, it had the same consequences as the maxima." DO'MINUS. (KiiZ. Dominium.) DOMI'TIA LEX. (Vid. Pontifex.) DOMUS. (Vid. HoosE.) DONA'RIA {avaffifiara or uvaKeiiieva) are names by which the ancients designated presents made to the gods, either by individuals or communities. Sometimes they are also called dona or dupa. The belief that the gods were pleased with costly pres- ents, was as natural to the ancients as the belief that they could be influenced in their conduct to- wards men by the offering of sacrifices ; and, in- deed, both sprang from the same feeling. Presents were mostly given as tokens of gratitude for some favour which a god had bestowed on man ; but some are also mentioned which were intended to induce the deity to grant some especial favour. At Athens, every one of the six thesmothetse, or, ac- cording to Plato," all the nine archons, on entering upon their office, had to take an oath, that if they violatedany of the laws, they would dedicate in the temple of Delphi a gilt statue of the size of the man who dedicated it {avSpiuvra xpfoovv lao/jirpriTov*). In this last case the anathema was a kind of punish- iiient, in which the statue was regarded as a sub- stitute for the person forfeited to the gods. Almost all presents of this kind were dedicated in temples, 1.0 which, in some places, an especial building was added, in which these treasures were preserved. .Such buildings were called -drjaavpoi (treasuries) ; and in the most frequented temples of Greece, many states had their separate treasuries.' The act of •ledication was called iivaTtdivai, donare, dedicate, m sacrare. The custom of making donations to the gods is found among the ancients from the earliest tjmes of which we have any record, down to the introduc- tion of Christianity ; and even after that period, it was, with some modifications, observed by the Christians during the Middle Ages. In the heroic ages of Grecian history the anathemata were of a simple description, and consisted of chaplets and garlands rC flowers. A very common donation to the godt ;3eems to have been that of locks of hair 'Ko/iijc arrapxai), which youths and maidens, espe- cially young brides, cut off from their heads and 1. (ad Att., i., 5.)— 2, (Mackddey, Lehvbuch, &c.— " Uelier ilie Terschieilenen Arten des Eigenthums," &c., voa Uuterholz- ner, Rhein. Mus. Erster Jahrg, — Savigny, Das Rflcht des Besit- «M.— Gams.— mp., Frag.)— 3. (Phiedi:.. p. 235, D.)— 4. (,Vid. Plat , Sol., 25. — Pollux, Onom., viii,, 85. — Snid., s. v. XP^cri) tlmv. — Heraclid., Pont., u. 1.) — 5. (Bockh, Staatshaus., i., p. 47«.) W6 consecrated to some deity.' This custom in saou places lasted till a very late period : the maidens oi Delos dedicated their hair before their vreddingito Hecaeige," and those of Megara to Iphinoe. Pau-, sanias' saw the statue of Hygieia at Titane cov- ered all over with locks of hair, which had been dedicated by women. Costly garments ■ {vhrht] are likewise mentioned among the earliest pres'jnta made to the gods, especially to Athena and Hera.* At Athens, the sacred jrtV/lof of Athena, in which the great adventures of ancient heroes were worked, was woven by maidens every fifth year, at the fes- tival of the great Panathenaea. {Vid. Arhhepho- KiA.)' A similar peplus was woven every five years at Olympia by sixteen women, and dedicated to Hera.' At the time when the fine arts flourished in Greece, the anathemata were generally works ol' art of exquisite workmanship, such as high tripods bearing vases, craters, cups, candelabras, pictures, statues, and various other things. The materials of which they were made differed at different times ; some were of bronze, others of silver or gold,' and their number is to us almost inconceivable.' The treasures of the temples of Delphi and Olympia, in particular, surpass all conception. Even Pausanias, at a period when numberless works of art mus* have perished in the various ravages and plundersitn which Greece had been exposed, saw and described anastonishingnumber of anathemata. Many works of art are still extant, bearing evidence, by their in- scriptions, that they were dedicated to the gods as tokens of gratitude. Every one knows of the mag- nificent presents which Croesus made to the god of Delphi.' It was an almost invariable custom, after the happy issue of a war, to dedicate the tenth part of the spoil (aKpoBivLov, iiKpo'Xsiov, or Tparo'Kciov) to the gods, generally in the fonn of some work of art." Sometimes magnificent specimens of ar- mour, such as a fine sword, helmet, or shield, were set apart as anathemata for the gods.*' TheAthe- nians always dedicated to Athena the tenth part of the spoil and of confiscated goods; and to all the other gods collectively, the fiftieth part.'" After a seafight, a ship, placed upon some eminence, was sometimes dedicated to Neptune.'" It is not improb- able that trophies, which were always erected on the field of battle, as well as the statues of the victors in Olympia and other places, were originally intend- ed as tokens of gratitude to the god who was sup posed to be the cause of the success which the vic- torious party had gained. We also find that, on some occasions, the tenth part of the profit of some commercial undertaking was dedicated, to a god in the shape of a work of art. Respecting thp large and beautiful crater dedicated by the Samians to Hera, see the article Crater. Individuals who had escaped from some dangei were no less anxious to show, their gratitude to the gods by anathemata than communities. The in- stances which occur most frequently are those of persons who had recovered from an illness, especi- ally by spending ,one or more nights in a temple of Asclepius {incubatio). The most celebrated tem- ples of this divinity were those of Epidaurus, Cos, Tricca, and, at a later period, that of Rome." Cures 1. (Horn., II., xxlii., 141. — J5schyl., ChoSph., 6.— Eurip Orest., 96 and 142'7 ; Bacch., 493 ; Helen., 1093.— Pint., Thcs., 5 -Pans., i., 37, >, 2.)— 2. (Pans., i., 43, « 4.)— 3. (ii., 11, « 6.)-4. (Horn., n., Ti., 293-303.)— 5. (Compare Aristoph., At., 792^ Pollux, Tii., 60. — Wesseling ad Diod. Sic, ii., p. 440.)— 6 (Paus., v., 16, 4 2.)— 7. (Athen., vi., p. 231. die.)— 8. (Deraoith., Olynth., iii., p. 35.)— 9. (Herod., i., 50, &c.)— 10. (Herod.,™. 82, 121.— Thucyd., i., 132.— Paus., iii., 18, «5.)— 11. (Aristoph, EquiL, 792,_and schol.)— 12. (Deinosth., c. Tinmcr.. p. 738, &o — BBckh, Slaatsh., i., p. 352, &c.) — 13. (Thncyd., ;i., 84.— He tod., viii., 121.) — 14. (Plin., II. N., x«ix., 1.— Compare F 1 Wolf, Vermischte Schriften und Aufsatze, p. 411, &c.) DONATIO MORTIS CAUSA. flONATIONES INTER VIRUM, &c. were also efl'ected in the Grotto of Pluto and Pro- serpina, ia the neighbourhood of Nysa.' In all cases in which a cure was effected, presents were made to the temple, and little tablets (labulcc votivtB) were suspended on its walls, containing an account of the danger from which the patients had escaped, and nf the manner in which they had been restored to health. Some tablets of this kind, with their in- scriptions, are still extant.' From some relics of SECiontart, we must infer, that in some cases, when a particular part of the body was attacked by dis- ease, the person, after his recovery, dedicated an imitation of that part in gold or silver to the god to whom he owed his recovery. Persons who had esoapsri Vrom shipwreck usually dedicated to Nep- tune the dress Afhich they wore at the time of their danger ;" but if they had escaped naked, they dedi- cated some locks of their hair.* Shipwrecked per- sons also suspended votive tablets in the Temple of Neptune, on which their accident was described or painted. Individuals who gave up the profession or occupation by which they had gained their liveli- hood, frequently dedicated in a temple the instru- ments which they had used, as a grateful acknowl- edgment of the favour of the gods. The soldier thus dedicated his arms, the fisherman his net, the shepherd his flute, the poet his lyre, cithara, or harp, &c. It would be impossible to attempt to enumerate all the occasions on which individuals, as well as communities, shovved their gratefulness towards the gods by anathemata. Descriptions of the most remarkable presents in the various temples of Greece may. be read in the works of Herodotus, Strabo, Pausanias, Athenseus, and others. The custom of making presents to the gods was common to' Greeks and Romans, but among the latter the donaria were neither as numerous nor as magnificent as in Greece ; and it was more frequent among the Romans to show their gratitude towards 4 god by building him a temple, by public prayers and thanksgivings (supplicatio), or by celebrating festive games in honour of him, than to adorn his sanctuary with beautiful and costly works of art. Hence the word donaria was used by the Romans to designate a temple or an altar, as well as statues and other things dedicated in a temple." The oc- casions on which the Romans made donaria to their gods are, on the whole, the same as those we have described among the Greeks, as will be seen from a comparison of the following passages : Liv., x., 36 ; xxix., 36 ; xxxii., 30 ; xl , 40, 37.— Plin., Hist. Nat., vii., 48. — Suet., Claud., 25. — Tacit., Av.n., iii., 71. — Plaut., Amfhilr., III., ii., G5 ; Curcul., I., i., ei ; II., ii., 10.— Aurel. Vict., Cas., 35.— Gellius, ii., 10. — LuCan, ix., 515. — Cic, De Nat. Dear., iii., 37. — Tibull, ii., 5, 29 — Herat., E'pist., I., i., 4.— Stat., Sylv., iv., 92. DONA'TIO MORTIS CAUSA. There were three kinds of donatio mortis causa : 1. AVhen a man, under no present apprehension of danger, but moved solely by a consideration of human mortali- ty, makes a gift to another. 2. When a man, being in immediate danger, makes a gift to another in such a manner that the thing immediately becomes the property of the donee. 3. When a man, under the like circumstances, gives a thing in such a man- ner thai it shall becomt. the property of the donee in case the giver dies. Every person could re- ceive such a gift who was capable of receiving a legacy. It appears, then, that there were several forms of gift called donatio mortis causa ; but thn (hirj seems the only proper one, and that of which men- tion is chiefly made, for it was a rule of law that a donation of this kind was not perfected unless death followed, and it was revocable by the donor. A thing given absolutely could hardly be a donatio mortis causa, for this donatio had a ccndition at- tached to it, namely, the death of the donor and (he survivership of the donee.' The thing might be a thing capable of traditio or delivery, or it might be a promise of a sum of money to be paid after the death of the testator. It would appear as if the law about such donations was not free from dilB- culty. They were finally assimilated to legacies in all respects by Justinian, though this had been done in some particulars before his time. Still they dif- fered in some respects from legacies, for such a donation could take effect though there was no heres ; and a filius familias, who could not make a will, might, with his father's consent, make a dona- tio mortis causa. The English law of donationes mortis causa is first stated by Bracton" in the very words of the Digest ;' and the present law is expounded by Lord Hardwicke ;* but what he there states to be the English law is not exactly the law as stated in Bracton. The rules of donationes mortis causa in English law are now pretty well fixed. Tradition or delivery is considered one essential of such a gift, and the death of the donor is another essential The gift mast not be an absolute gift, but a gill made in contemplation of, and to be perfected by the death of the donor,' DONA'TIO PROPTER NUPTIAS signifies tha\ which is given by a husband or by any other per- son to a woman on the occasion of her marriage, whether it be by way of security for her los, or for her support during the marriage. or widowhood. Justinian required this donatio whenever the wife brought a dos ; and it was enacted that it should be equal in amount to the dos, and should be increased when the dos was increased. Such a gift was the property of the wife, but it was managed by the husband, and he was bound to apply it to its proper purposes ; but he could not alienate it, even '(vith the consent of the wife." DONATIO'NES INTER VIRUM ET UXOREM. During marriage, neither husband nor wife could, as a general rule, make a gift of anything to one an- other. This rule would, however, only apply where there was no conventio in manum; for in such a case the rule of law would be unnecessary, because a gift between husband and wife would be legally impossible. The reason for this rule was said to be the preservation of the marriage relation in its pu- rity, as a contract subsisting by affection, and not maintained by purchase or by gift from one party to the other. The reason seems a singular one, but it is that which is given by the Roman writers. It has apparently a tacit reference to the power ol divorce, and appears like an implied recommenda- tion of it when the conjugal affection ceases. Do- nationes of this kind were, however, valid when there were certain considerations, as mortis causa, divortii causa, servi manumittendi gratia. By cer- tain imperial constitutions, a woman could make gifts to her husbantl in order to qualify him for cer- tain honours. It must be remembered, that when there was no conventio in manum,' a wife retained all her rights of property which she did not surren- der on her marriage (vid. Dos), and she might, during the marriage, hold property quite distinct from her 1. (Strab., ix., p. 437 ; xiv j. 649.)— 2. (Wolf, 1 c, p. 424, *p.f 3. (Ilur, Uann., i., a, 13.— Virg., vEn., xM., 768.)— 4. rLucian, De More. OoQd., o. 1, vol. i., p. 652, ed. Reitz.) — 5, I Virif , Georg., iii., JS9.— Ovid. Fast., iii., 335.) Bbd 1. (Compare Dig:. 39, tit. 6, s. 1 and 35.)— 2. (ii., C!. 26.)— » (36, tit. 6. s. 2, .a/iof. Sibthorp found it everywhere in the marshy groumls.* *DORGAS (dj/j/tuf). By the earlier commenta- tors on the classics, it was taken for a species of wild goat, but it is now generally acknowledged to be the Gazelle, or Antelope Dorcas. " In fact," ob- serves Adams, " the Arabian medical authors, Avi- cenna and Haly Abbas, were aware that it meant the Gazelle ; hence the term dopKaSi^ov of Galen is rendered gazelians by their translators. The dopKO^ is the tzcbi of the Hebrew Scriptures. It is also called fopf and npo^."^ DORMJTO'WA. (.Vid. House.) :iCPOAOKIA£ rPA'f'H. {Vid. Decasmos.) AHPfiN rPA*H. (Frf. Decasmos.) ACPOgENIAS rPA't'H. (7«/. SENIAS rPA*H.) DORPEIA or DORPIA. (Vid. Apatueia, p. 66.) DORPOIS. (Vid Deipnon.) DORSUA'RIUS or DOSSUA'RIUS {vuTofopoc), 3 beast of burden. In the mountainous parts of Italy, where it was impossible to use wheeled carriages, the produce of the coimtry was borne on the backs of quadrupeds. In this manner the corn, wine, and oil of Apulia and Calabria were conveyed to the seacoast by asses, which are described by Varro' as " aselli dossuarii." In these elevated regions, as we learn from the same author,' the necessaries of life were brought to the pastoral inhabitants either by mares or by any other animal, "quod onus dorso ferre poss;'," 1. (Dig. 24, tit 1.— S.-svigny, Zeitsohnft, d-'c, i., p. 270.1--2. (H. N., xvi., 36.)— 3. (Geurg . ii., 414.)— 4. (Uillerbecli, Flora Classica, p. 23.)— 5. (Aristot., II. A., li., 2.- jElmn, N. A., vii., 47.. -Warns, Appmd.jS. v.)- 6. CDs Re East., ii., 0.)— 7. (c. 10.) 378 an expression designed to explain the etjnn logy of the epithet " dossuarius.'" Beasts of burden also accompanied the armT,' and were used to carry a part of the baggage. In Eastern countries the camel has always been em- ployed as a beast of burden.' ■The "jumenta dossuaria" carried their load ei ther by means of panniers (Kavd^kia) {vid. Clitei hx) or of the pack-saddle (ady/xa). From using tlie latter, they were called " equi sagmarii," " muli sagmarii," &c., whence came the German " saum- thier," " saum-ross," &c., and the English " sump- ter-mule" and " sumpter-horse."* The following woodcut, representing a mule and a camel accompanied by two Scythian or Qotiuc conductors, is taken from the column which <«aa erected at Constantinople to commemorate the fio- tories of Theodosius I., and of which dri>.3*ing9 were made by command of Mohammed II. *DORYC'NIUM {dopvKvwv), a plant, in detetmiii. ing which, botanical writers find some difliviiily. The evidence preponderates in favour of the Coti- volvulus Dorycnium, or Shrubby Bindweed." DORY((56pu). (Fi(Z. Hasta.) DOS (GREEK). Euripides' malces Medeia com- plain that, independent of other misfortunes to which women were subject, they were obliged to buy their husbands by great sums of money (xPW"''''"'' ''^'P' 66A?)). On this the scholiast remarks, that the poet wrote as if Medeia had been his contemporary, and not a character of the heroic ages, in which it was customaiy for the husband to purchase his wife from her relations by gifts called, ^iSva or h(ha. The same practice prevailed in the East during the patriarchal ages,' and Tacitus' says of the ancient GermaBu) "Dotem non uxor marito, sed uxori maritus offert.' The custom of the heroic times is illustrated by many passages in Homer. Thus we read of the inrepeiaia and fivp'ia idva, or many gifts, by which wives were purchased.' In another place'" we are told of a hundred oxen and a thousand sheep and goats having been given by a Thracian hero to his maternal grandfather, wiiose daughter he-was about to marry. Moreover, tlie poetical epithet, uA^cd- Soiat," applied to femaies, is supposed to have had its origin in the precents of this sort which were made to a woman's relatives on her marriage. These, nuptial gifts, however, or equivalents for them, were returned to the husband in the event of the com- mission of aUKitery by his wife, and perhaps in- other cases.'" We must not infer from the above facts that il was not usual in those times for relations to give a portion with a woman when she married. On tin contrary, mention is made" of the jieiXta, or mar- riage gifts which men gave with their daughters (hiiidanav), and we are told by .iEscshines'* of one of the sons of Theseus having received a territorj near Amphipolis as a ^epvi), or dower with his wife. I. (Compare Virg., Georg., 1., 273-275.)— 2. (Xon., Cyr., 7i., * * 34.)— 3. (Diod. Sic, ii , 54; iii., 45 ; xvii., 105.)— 4. (Menage Diet. Etym., 9. v. fsommier. — Adelung, Glossar. ManuaJe, t. vi. p. 22-24.)— 5. (Nioand., Ale.i., 376.— Diiisoor., iii., 75.— (Jalea De Simpl., vi. — Schulz*", Toxicol. Vet. — Schaeiderad Nicand.,1 c. — Adams, Append., b. v.) — 6. (Medea, 236.) — 7. (Genes., xxitiT. 2.)— 8. (Germ., c.lS.)- S. (11., xvi., 178, 1™).)- 10. i;:. xi ,24S.; —11. (Heyr.o ad II., xviii . 593.)— la (Od., viii., 318 ) -IS. (U. ix., 147.)— 14. (ircpi XiaDairamS., 33.) 1>(!SS Mftfeover, both Aimromache and Penelope are spo- ken of as u?.oxoi TToTivdopoi,^ or wives who brought to their liusbands many gifts, which probably would liiive been returned to their relations in case of a capricious dismissal.' The Doric term for a portion was duTivij, and Miiller' observes that we know for certainty that daughters in Sparta had originally no dower, but were married with a gift of clothes only ; after- ■*ard they were at least provided with money and other personal property ;* but in the time of Aris- totle," so great were the dowers given (diu to Trpoi- KOf ScSovat /leydXa^), and so large the number of iniic'Kripoi, or female representatives of families (oIkoi,), that nearly two fifths of the whole territory of Sparta had come into the possession of females. The regulations of Solon were, according to Plu- tarch,' somewhat similar in respect of dower to the old regulations at Sparta : for the Athenian legisla- tor, as he tells us, did not allow a woman, unless she were an tiziKXripo^, to have any ^epn^ or dower, except a few clothes and articles of household fur- niture. It is plain, however, that such an interfe- rence with private rights could not be permanent ; and, accordingly, we find that, in after times, the ilowers of women formed, according to the account in Bockh,' a considerable part of the movable prop- t'rty of the state : " even with poor people they va- ried in amount from ten to a hundred and twenty minas. The daughter of Hipponicus received ten talents at her marriage, and ten others were prom- ised her." This, however, was a very large por- tion, for Demosthenes' informs us that even five talents were more than was usually given, and Lu- cian' also speaks of the same sum as a large dowry. The daughters of Aristeides received from the state, as a portion, only thirty minas each." We may ob- serve, too, that one of the chief distinctions between a wife and a izaTJiaxTi consisted in the former having a portion, whereas the latter had not ; hence per- sons who married wives without portions appear to have given them or their guardians an ijioTioyia irpoj/ctif,'' or acknowledgment in writing, by which the receipt of a portion was admitted. ( Vid. Con- CUBINA.) Moreover, poor heiresses {tCiv eiriicXijpav ■'•aai -d^TiKov TeXovaw) were either married or por- loned by their next of kin (md. Aechon), accord- ng to a law which fixed the amount of portion to be 'iven at five minae by a Pentacosiomedimnus, three iy a Horseman, and one and a half by a Zeugltes.'^ (n illustration of this law, and. the amount of por- .ion, the reader is referred to Terence, who says," " icx est ut orba, qui sint genere proximi lis nubant ;" and again, " Ilidem ut cognata si sit,Ad quod lexjubet, . Votem dare, abduce banc : minas quingue accipe."'^* We will now state some of the conditions and obligations attached to the receipt of a portion, or ffpojf, in the time of the Athenian orators. The most important of these was the obligation under which the husband lay to give a security for it, ei- ther by way of settlement on the wife, or as a pro- vision for repayment in case circumstances should arise to require it. With regard to this, we are told that, whenever relatives or guardians gave a woman a portion on her marriage, they took from the hus- band, by way of security, something equivalent to it, aa a house or piece of land. The person who gave 1. (II., vi., 394.— Oil., xiiv , 294.)— 2. (Od., ii., 132.)— 3. (Dor., iii., 10.)— 4. (Plat., Lys., 30.)— 5. (Polit., ii,, 6, I) 10.)— 6. (Vit. Solon.)— 7. (Pub. Econ. of Athens., ii., 283, transl.)- 8. (o. Steph., 1U2. 19, and 1124, 2.)— 9. (Dial. Meretr., p. 298, ed. Roitz.)— 10. (Plut., Aris., 27.— jEsch., c. Ctes., p. 90.)— 11. (Isi- Oi De Pyr- Hored., p. 41.)— 12. (Demoith., c. Maoar.. 1068 ^— H.' (Phoiin.. n.. i., 75.)-14. (II.. ii., 62 ) this equivaleii! (To ajrori/uj/iL:) was said inonftfv i the person wno received it, aironxaaiei.^ The word uTzoTiiniiia is also used generally for a securi ty." The necessity for this security will appeal from the fact that the portion was not considered the property of the husband himself, but rather ol his wife and children. Thus, if a husband died, and the wife left the family {aniXmc tov oUov), she might claim her portion, even though children had been born ;' and in the event of a wife dying with- out issue, her portion reverted to the relatives who had given her in marriage (oi Kvpiot) and portioned her.* The portion was also returned if a husband put away his wife, and in some cases, probably set- tled by law, when a woman left her husband.^ That, after the death of the wife, her porl; jn be- longed to her children, if she had left any, may be inferred from Demosthenes ;" if they were minors, the interest was set apart for their education and maintenance. When the husband died before the wife, and she remained in the family (/levoiari; kv tC> olK(f), the law appears to have given her portion to her sons, if of age, subject, however, to an allow- ance for her maintenance.' If the representatives of the deceased husband (fil TOV K^jjpov IxovTCf) wrongfully withheld her por- tion from his widow, her guardians could bring an action against them for it, as well as for aUmony (diKT; Trpomoi Kal airov^). Moreover, if a husbancl, after dismissing his wife, refused to return her por- tion, he might be sued for interest upon it as well as the principal : the former would, of course, be reckoned from the day of dismissal, and the rate was fixed by law at nine oboli for every mina, ov about 18 per cent. The guardians were farther au- thorized by the same law to bring an action for ali mony in the Qldelov.' We may add that a SiKt) •npoiKOQ was one of the iiijuivoi, fiiaai, or suits that might be tried every month." DOS (ROMAN). Dos {res uxoria) is everything which, on the occasion of a woman's marriage, was transferred by her, or by another person, to the hus- band, or to the husband's father (if the husband was in his father's power), for the purpose of enabling the husband to sustain the charges of the marriage state (onera matrimonii). AH the property of the wife which was not made dos, or was not a dona- tio propter nuptias, continued to be her own, and was comprised under the name of parapherna. The dos, upon its delivery, became the husband's proper ty, and continued to be his so long as the marriage relation existed. All things that could be objects of property (vid. Dominiom), as well as a jus in re, an(i, in fact, anything by which the substance of the husband could be increased, might be the' objects of dos. Any person who had a legal power to dispose of his property could give the dos ; but the dos was divided into two kinds, dos profecticia and dos ad- venticia, a division which had reference to the de- mand of the dos after the purposes were satisfied for which it was given. That dos is profecticia which was given by the father or father's father of the bride ; and it is profecticia, even if the daughter was emancipated, provided the father gave it as such («* parens). AH other dos is adventicla. The dos recepticia was a species, of dos adventicla, and was that which was given by some other person than the father or father's father, on the considera- tion of marriage, but on the condition that it should be restored on the death of the wife. The giving 1. (Harpociat., s. v — Demosth., c. Onet., p. 806.)— 2. (Poll., Onom., viii., 142.)— 3. (Demosth., Bojot. De Dot., 1010.)— 4 (ISiEus, De Ciron; Hered., 69.— De Pyr. Hored., 41.)— 5. (Da Pyr. Hered., 45.)— 6. (c. BcEot. De Dot., p. 1023 and 1C26.)— 7. (Id., c. PhiEn., p. 1047.)— 8. (Isieus, De Pyr. Hered, p. 45.- Hudtwaloker, Dift., note 84 )— 9. (Demosth., c. Neasr., p. I36a! —10. (Pollux, Onom., viii.. 63, 101.) 379 DOS. or tne ('.OS dijpended on the will of the giver ; but certain persons, such as a father and father's fa- ther, were bound to give a dos with a woman when she married, and in proportion to their means. The dos might be either given at the time of the mar- riage, or tliere might be an agreement to give. The technical words applicable to the dos were dare, di- cere, promittere. Any person was competent dare, promittere. The word dicere was appUed to the woman who was going to marry, who could prom- ise all property as dos, but the promise was not binding unless certain legal forms were observed (non debcri viro dotem, quam nulla auctore dixisset'). An example of a promissio dotis occurs in Plautus.' As the dos becarne the husband's property, he had a right to the sole management, and to the fruits of it ; in fact, he exercised over it all the rights of ownership, with the exception hereafter mentioned. He could dispose of such parts of the dos as con- sisted of things movable ; but the Julia lex (de adulteriis) prevented him from alienating such part of the dos as was land (fundus dotalis, dotalia pra- dia ;' dotales agri*) without his wife's consent, or pledging jt with lier consent.' The legislation of Justinian prevented him from selling it also, even with the wife's consent, and it extended the law to provincial lands. The husband's right to the dos ceased with the marriage. If the marriage was dissolved by the death of the wife, her father or father's father (as the case might be) was entitled to recover the dos profeoticia, unless it had been agreed that in such ease the dos should belong to the husband. The dos adventicia trccame the property of the wife's heirs, unless the person who gave it had stipulated that it should be returned to him (dos recepticia). The dos could be claimed immediately upon the dissolution of the marriage, except it consisted of things qua; numero, &c., for which time was al- lowed.' In the case of divorce, the woman, if she was sui juris, could bring an action for the restitution of the dos ; if she was in the power of her father, he brought the action jointly with his daughter; (Vid. DiVOKTIDM.) The dos could not be restored during the mar- riage, for this was contrarj' to a positive rule of law. (Vid. D0N.4TI0 INTER TIEUM ET tfXOKEM.) Yet, lu the case of the husband's insolvency, the wife could demand back her dos during the marriage. In cer- tain cases, also, the husband was permitted to re- Btore the dos during the marriage, and such resto- ration was a good legal acquittance to him : these Rxcepted cases were either cases of necessity, as the payment of the wife's debts, or the sustentation of near kinsfolks.' What should be returned as dos depended on the fact of what was given as dos. If the things given were ready money, or things estimated by quantity, &c , the husband must return the like sum or the like quantity. If the things, whether movable or immovable, were valued when they were given to the husband (dos astimata), this was a specie,? of sale, and at the end of the marriage the husband must restore the things or their value. If the things were not valued, he must restore the spe- cific things, and he must' make good all loss or de- terioration virhich had happened to them except by accident. But the husband was entitled to be re- imbursed for all necessary expenses (impensts ne- tcssarim) ; as, for instance, necessary repairs of houses incurred l)y him in respect of his wife's i. (Cic, I'ro Ciecin., c. 95. — Compare Pro Flacc, c. 34, 35, nnd IIlp., Fniff.. xi.,2n.)— 2. (Tiinumra.,v., 2.)— 3. (Cio.,Ep. ad *.tt., XV., an.,— 5. (Ilor., Ep., I., i., 21.)— 5. (Gains, ii., 63.— Inst., i) , S.)— G. (trip.. Frag., Vi. s. 8 ; but compare Cod. v., tit. 13, s. Ii.)— 7. (Zeitschrift. &c , v, d. 311, essay by llasse.) 380 DRACHMA. property, and also for all outlays by which he liad improved the property (impensa utiles). The husband's heirs, if he were dead, were bour.il to restore the dos. The wife's father, or the sur- viving wife, might demand it by an actio ex stipn- latu de dote reddenda, which was an actio stricti juris, if there was any agreement on the subject; and ijy an actio rei uxoriae or dotis, which was an actio bonae fidei, when there was no agreement. A third person who had given the dos must always demand it ex stipulatu, when he had bargained foi its restoration. Justinian enacted that the action should always be ex stipulatu, even when (here was no contract, and should be an actio bonae lidei. The wife had no security for her dos, except in the case of the fundus dotalis, unless she had by contract a special security ; but she had some priv- ileges as compared with the husband's creditors Justinian enacted that on the dissolution of the mar- riage the wife's ownership should revive, with all the legal remedies for recovering such parts of the dos as still existed ; that all the husband's property should be considered legally pledged (twcita liypoth- eca) as a security for the dos ; and that the wife, but she alone, should have a priority of claim on such property over all other creditors to whom the same might be pledged. The dos was a matter of great importance in Ro- man law, both because it was an ingredient in al- most every marriage, and was sometimes df a large amount. The frequency of divorces also gave rise to many legal questions as to dos. A woman whose dos was large (doiata uxor) had some influence over her husband, inasmuch as she had the power of di- vorcing herself, and thus of depriving him of the enjoyment of her property The allusions to the dos are numerous in the Roman writers. It is a disputed point whether there could be dos, properly so called, in the case of a marriage with conventio in manum. (F«(2. Marriage.)' J)OVLOS{SovXog). (Vid. SEiivas.) *DRABE (dpdSri), Pepperwort, or Lepidium drala.^ DRACHMA (SpaxiiTj), the principal silver coin among the Greeks. "IThe two chief standards in the currencies of the Greek states were the Attic and .(Eginetan. We shall, therefore, first speak of the Attic drachma, and afterward of the jEginetan. The average weight of the Attic drachma from the titne of Solon to that of Alexander Was 66-5 grains. It contained about ^'^th of the weight al- loy ; and hence there remain 65-4 grains to be val- ued. Each of our shillings contains 80-7 grains of 65-4 pure silver. The drachma is, therefore, worth rrrr of a shilling, or 972 pence, which may be called 9|(?.' After Alexander's time, there was a slight decrease in the weight of the drachma, till, in coarse of time, it only weighed 63 grains. The drachma contained six obols (hSoXoi) ; and the Athenians had separate silver coins, from four drachmae to a quar- ter of an obol. Among those now preserved, the tetradrachm is commonly found ; but we possess no specimens of the tridrachm, and only a few o( the didrachm. Specimens of the tetrobolu^, triobo- I'us, diobolus, three quarter obol, half obol, and quar ter obol, are still found. The following table, taken from Hussey, gives the value in English money of the Athenian coins, from a quarter obol to a tetra- drachm : Pence. farlh, \ Obol 1-625 i Obol 3-25 Obol 1 8-6 1. (Hasse, Ehein. Mus., ii., 75. — Compare Ulp-, Frag., vi;- Dig. 23, tit. 3.— Cod. v., tit. 12.)— 2. (Dioscor., iii., 186.)— I (Hussey, Ancient Weights and Money, p 47. 48 ^ DRACHMA. DRACO. Sbill. Peace. Farth. Diobulos 3 1 Triobnlus 4 35 Telroholus 6 2 Drachma 9 3 Didrachm 1 7 2 Tetiadrachm 3 3 The mina contained 100 drachmae, and was, con- eequently, equal to il. Is. 3d. , and the talent 60 minac, and was thus equal to 243/. I5s. Od. Re- spectuig the value of the different talents among the Greeks, vid. Talent. The tetradrachm in later times was called sta- ter ;• but it has been doubted whether it bore that name in the flourishing times of the Republic' We know that stater, in writers of that age, usually sig- nifies a gold coin, equal in value to twenty drachmBS {vid. States) ; but there appear strong reasons for believing that the tetradrachm, even in the age of Thucydxles and Xeuophon, was sometimes called by this name.' The obolos, in later times, was of bronze ;' bat in the best times of Athens we only read of silver obols. The x'i^i'oui was z copper coin, and the eighth part of an obol. (Vid. Ms, p. 30.) The Attic standard was used at Corinth, Cyrene, and Acanthus, and in Acarnania, Amphilochia Leu- cadia, Epirus, and Sicily ; it was the standard of Philip's gold, and was introduced by Alexander for silver also. The jEginetan standard appears to have been used in Greece in very early times. Ac- cording to most ancient writers, money was first coined at ^Egina by order of Pheidon of Argos (vid. Aroentu*) ; and the .^Eginetan standard was used in almost all the states of the Peloponnesus, with the exception of Corinth. It was also used in Bceo- tiai and in some other- parts of northern Greece, though the Attic standard prevailed most in the maritime and commercial states. ATHENIAN DRACHMA. BRITISH MUSEUM. ACTUAL SIZE. The average weight of the yEginetan drachma, ealculated by Mr. Hussey* from the coins of .(Egina and Bceotia, was 96 grains. It contains about ^d part of the weight alloy. Hence its value is 93 93 grains of pure silver, or, as before, ^-r-^ of a shilling ; 80'7 that is. Is. Id. 3-2 farthings. The largest coin of the .lEginetan standard appears to have been the didrachm, and the values of the different coins of this standard are as follow : Shin. Pence. Parth. i Obol 1 0-583 Obol 2 1166 Diobolus .... 4 2-33 TrJobolus 6 2-5 Drachma 1 3 Didrachm 2 3 2 The proportion of the .iEginetan drachma to the Attic, according to the value given above, is as 93 to 65-4, or as 418 to 3 nearly. According to Pol- lux, however, the proportion was 5 to 3 ; for he states' that the -■Eginetan drachma was equal to 10 1. (Phot., B. V. Sra-jjp. — Hesych., a. v. T^avKts AavprnriKat. — Malth., xivii., 27.)— 2. (Hussey, Ibid., p. 49.)— 3. (Thuoyd., lii., .70, .-with AriiuUl's note.— Xen., Hell., V., ii., I) 22.)— 4. (Lu- cian, Conterapl., 11., vol. i., p. 504, ed. Reiz.)— 5 'p. 59, 60.)— « (ii.. 76, 86.) Attic obols, and that the jEginetan talent containen 10,000 Attic drachihae. His authority, however, cannot be of any weight against the evidence of ex- isting coins ; for the comparative value of ^Egine- tan and Attic money is a plain fact, which can be proved by experiments. But, as Mr. Hussey. re- marks,' Polljx, " when he speaks of the Attic drachmae, does not mean the money of the full weight, which was coined in the time of Pericles (ii Xenophon, but such as passed for Attic in the Au- gustan and following ages, namely, the Roman dena- rius ; and this, too, not of the earliest standard, at the rate of 60 or 61 grains, but as it was coined when the weight had been reduced to |th of the Ro- man ounce, or about 53 grains." (Firf. Denarius l .-eginetan drachma. BRITISH MUSEUM. ACTUAL SIZE. The Attic and .(Eginetan were, as already re- marked, the chief standards of money in Greece ; but there was a third standard used to some ex- tent, namely, that of the early coinage of Macedon, which was also adopted by the Greek kings of Egypt. The average weight of the Macedonian drachma was 1094 grains ; and, assuming the same quantity of alloy as in the .lEginetan drachmae, it would be worth in our money Is. 3d. 2-8 far- things, or very nearly Is. 3|rf. It has been sup- posed, however, by some writers, that this drachma was in reality a didrachm ; but the existence of large silver coins of four times this weight is an ar- gument for believing it to be the drachma, as we do not find any notice of eight-drachmae piefces. As the Romans reckoned in sesterces, so the Greeks generally reckoned by drachmae ; and when a sum is mentioned in the Attic writers without any specification of the unit, drachmae are usually meant." DRACO. I. (Vid. Siona Militahia.) *II., or SpuKdv x^poa'^oi, the Land Dragon. "All the classical authors," observes Adams, " speak of the Land Dragon as being a most formidable ani- mal, and of immense bulk, some say 50, some 60, and some 80 cubits in length. St. Augustine calls him the largest animal upon the face of the earth. Two species are described ; one with wings, and the other without wings." These accounts but ill agree with the following description of the Draco mlans, L., by M. I'Abbe Bonnaterre : " Le plus grand des individus qu'on conserve au Cabinet du Roi a huit pouces deux lignes de longueur totale. II est doux, foible, tranquille, c'est le moins a craindre de tous les reptiles. Pourra-t-on se persuader que c'est Dragon a plusieurs tetes, qui reunissbit I'agil ite de I'aigle, la force de lion, qui vomissoit rles flammes, et dont les anciens nous out fait un pein- ture.'" Buffon also calls it the flying Lizard, a little harmless animal that only preys on insects. I cannot help thinking, however, that the extraordi- nary stories of antiquity regarding the Dragon must have had their origin in the exaggerated reports of travellers about the Boa Constrictor. I shall point out one circumstance which leads forcibly to this conclusion. J31ian gives an account of a Dragon of extraordinary size, namely, 70 cubits loiig, which Alexander the Great saw in India, aud which was kept as an object of worship. The poet Noniius, I. (p. 32.)— 2. (BBckh, Pub. Econ. of Athens, i., ji. 29.)— S (Encyc. Method., lib. xxxili., 61.) 481 UROMEDAKIIjS. DUPIICARII alsa repeatedly connects the Dragon with the In- dian worship of Bacchus.' Now it is known that the Boa is worshipped even to this day in some parts ol Hindustan. Still farther, if the reader will com- pare the descriptions of the Ethiopian dragons giv- en by jElian" end Philo' with the stories which Pliny* and Diodorus Siculus^ tell of serpents, he will readily perceive that they are all referable to the great Boa. Another argument in favour of this orrr'.on may be drawn from the famous group of ins " Laocoon" in the Vatican. It must strike every person who has seen a model of it, that the immense serpents which are coiled around the human figures represent Boas. Now these serpents are called " dracones" by Pliny' in describing the group, and by Virgil' in his relation of the event which forms the subject of it. Lord Byron," by-the-way, is sin- gularly unfortunate in calling the serpent of the Lao- coon an " asp," since the asp was a comparatively small reptile, and is said by Nicander and other toxicologists to despatch its victim without pain. But the following passage in Jerome's life of Hi- larius puts the identity of the Dragon and the Boa beyond dispute : " Siquidem Draco, mirae magnitu- dinis, quos gentili nomine Boas vocant, ab eo quod tam grandes sint ut boves glutire soleant, omnem latevastabat provinciam,"'&c. In confirmation of he theory which is here sought to be established, he reader is referred to the remarks of Griffith in his edition of Cuvier. It may be stated with re- gard to the etymology of the term Boa, that, ac- cording to some of the ancient writers, this serpent was so called from its habit of following the hinds, in order to fasten itself to the teats of cows and suck their milk (" bourn lacte delectantur"). The so-called boas of the Eastern continent belong prop- erly to the genus Python.'-'' ♦DRACONT'IUM (dpaicovrwv), a plant answer- ing, according to Fuchsius, Dodonajus, Sprengel, and other botanical authorities, to the Arum Dra- (Uiuulus, or Dragon herb. " It is the rilpxav of 'Simeon Seth. The SpaKovriov Irepov is the Arum Ilalicum, Lam., according to Sprengel. Stackhouse makes the SpaKovnov of Theophrastus to be the Arum maculatum, or spotted Wake-robin."" *DREP'ANIS (SpfKuA^), the name of a bird inci- dentally mentioned by Aristotle and Pliny. Ac- cording to Gaza and Scaliger, it is the same with the Reed-sparrow ; but this opinion is rejected by Hardouin. Schneider is inclined to rank it under the genus Procellaria of Linnaeus, called in English the Petrel, or Sea-swallow." *DROMEDAR'IUS, the Dromedary, or Camelus Vromedarius, L. This is the Arabian Camel (Ka^ii- jjAof 'kpiittOQ, Aristot. ; Camelus Arabia, Plin.), having only one hunch, the Bactrian having two. Strictly speaking, however, the Dromedary is only a breed of the one-hunch kind. The name is of Greek origin, and refers to the fleetness of the ani- mal {Spbp.0Q, " a race"). The one-hunch species extenrls from the foot of Caucasus over Persia and Turkoy, Arabia, northern Africa, and India. (Yid. Camklus.) Those of Turkey are the strongest, and best suited for burden ; those of Arabia and Bom- bay the lightest ; and those of India, where there are breeds for both purposes constantly supplied by fre«h importations from the northwest, are yut probably inferior in their class to those more in thiS vicinity of their original climate." 1. (DioDTS., xi., 59; ix., 14, r each tribe, was, on the increase in the number (•! the tribes at Athens, raised to twelve, so that tin: prytanies would then coincide with the months oi the year : a fact which, taken in conjunction with other circumstances,' seems to show, that the au- thorities who speak of three regular assemblies in each month had in view the times when a prytany find a month were the same thing. Some authors have endeavoured to determine the particular days on which the four regular assemblies of each pryta- iiy were held ; but Schomann' has proved almost to (lemonstration, that there were no invariably fixed <— « (Sohflraann, u., 44.)— 6. (ii., 47.)— 7. (ad Demosth., c. limocr., p. 706.)— 8i (s. v. HdvSiifios 'A(ppoSl77i.)—». (viii., 97.) —16 (Equit., 44.) .n84 a slope connected with Mount Lycaoetliia and ptm ly, at least, within the walls of the city. It was semicircular in form, with a boundary wail pan rooi and part masonry, and an area of about 12,00*' square yards. On the north the ground was filled up and paved with large stones, so a? to get a level surface on the slope ; from which fact some gram- marians derive its name (napa ttiv tuv /itSuv miK voTijTa) Towards this side, and close to the wall, was the jif/iia, a stone platform or hustings ten or eleven feet high, with an ascent of steps ; it wan cut out of the solid rock, whence it is sometimes called A /Itflof, as in Aristophanes' we read osn; Kparei vvv tov Xidov rovv Ty ITvavi. The positien of the p^fia was such as to command a view of the sea from behind (on which account the thirty ty- rants are said to have altered it), and of the Upomi- ^aia and Parthenon in front, though the hill of the Areiopagus lay partly between it and the Acropolis. Hence Demosthenes," when reminding the Athe- nians from this very /3^/ia of the other splendid works of their ancestors, says emphatically Uportih lata ravra : and we may be sure that the Athenian orators would often rouse the national feelings of their hearers by pointing to the assemblage of mag- nificent edifices, " monuments of Athenian grati- tude and glory," which they had in view from the Pnyx.' That the general situation of the place was elevated is clear from the phrase uvaCaiveiv cif ttiv kKKkTiaiav, and the words vrof o &7JfiOQ uva KaBfJTO, applied to a meeting of the people in the Pnyx.* After the great theatre of Dionysus was built, the assemblies were frequently held in it, as it afforded space and convenience for a large multitude ;. and in some particular cases it was specially determined by law that the people should assemble there.f As- semblies were also held in the Peiraeus, and in the theatre at Munychia.' We will now treat of the right of convening the people. This was generally vested in the prytanes or presidents of the council of Five Hundred (nid. BcnLE, p. 168) ; but ill cases of sudden emergen- cy, and especially during wars, the strategi also had the power of calling extraordinary meetings, for which, however, if we may judge by the fprm in which several decrees are drawn up, the consent o( the senate appears to have been necessary.' The four ordinary meetings of every prytany were, nev- ertheless, always convened by the prytanes, who not only gave a previous notice {irpoypuijieiv jriv h- Klriaiav) of the day of assembly, and published a program of the subjects to be discussed, but also, as it appears, sent a crier round to collect the citi- zens {avvuyeiv tov S^/iov'). At any rate, whenevei the strategi wished to convene one of the extraor- dinary assemblies, notice was certainly given of it by a public proclamation; for, as Ulpian observes,' these assemblies were called afiyK%riToi, because the people were summoned to them by officers sent roundfor that purpose (Sn awtnuXom nve; irepdmi- Tcf). But, independent of the right which we have said the strategi possessed of convening an extra- ordinary meeting, it would seem, from the cas9 if Pericles,'" that a strategus had the power of pre' ant- ing any assembly being called. It is, however, im- portant to observe, that such an exercise of power would perhaps not have been tolerated except du- ring wars and commotions, or in the person of a 1. (Pax, 680.)— 2. (Hep! Suirn^., 174.)— 3. (Cramer, Aiifcnt Greece, vol. ii., p. 335. — Wordsworth, " Athens and Attica." In the latter of tliese works are two views of the lemoins of .*-b« Pnyx.) — 4. (Demosth., De Cor., p. 285.) — 5. (Demosth,, c. MeiO.i 517.)— 6. (Demosth., Do Fals. Leg., p. 359. — Lysias, c. Agor., 133. — Thuoyd., viii.,93.)— 7. (Demosth., De (Sor., 249.) — 8. (Pollux, -viii., 95. — Harpocrat., s. v. Kvpia 'Enr/t^^ff/ii. — De- mosth., c. Atistog., 772.) — 9. (ad Demoeth., De Fals. Lef ., « 100, A.)— 10. (ThucYd . ii.. 22.1 ECULESIA. tiatinguished character like Pericles ; and Ihiit un- der different circumstances, at any rate after tlie time of Solon, tlie assemblies were always called by the prytanes. All persons who did not obey the call were subject to a fine, and six magistrates, called lexiarchs, were appointed, whose duty it was to fake care that the people attended the meetings, and to levy fines on those wlio refused to do so.' With a view to this, whenever an assembly was to be held, certain public slaves (S/ciflat or To^drat) were sent round to sweep the ayopu and other places of publia resort with a rope coloured with vermilion The different persons whom these ropemen met were driven by them towards the ekkaijoto, and tliose who refused to go were marked by the rope and fined." Aristophanes' alludes to this subject in the lines, ol 6' hv ayopq. ^cAoiJffi, navu kol kutu TO axoLviov fevyovai to /iei^i^Tu/iEvov. Besides this, all the roads except those which led to the meeting were blocked up with hurdles (ye'i^/io), which were also used to fence in the place of as- sembly against the intrusion of persons who had no right to be present : their removal in the latter case seems to have served as a signal for the admission of strangers who might wish to appeal to the peo- ple.* An additional inducement to attend, with the poorer classes, was the iilcBoq cKKTiTjaiaariKo^, or pay which they received for it. The originator of this practice seems to have been a person named Callis- tratus, who introduced it " long after the beginning of the influence of Pericles." The payment itself originally an obolus, was afterward raised to three by a popular favourite called Agyrrhius of CoUytus. The increase took place but a short time before the Ecclesiazusae of Aristophanes came out, or about B.C. 392. The poet thus alludes to it in that play :» B. Tpi,u6o?[,ov 6ijt' iXaisQ ■ X. d yap uipelov. A ticket (civii.6oXpu) appears to have been given to those who attended, on producing which at the close of the proceedings they received the money from one of the thesmothetae.' This payment, how- ever, was not made to the richer classes, who at- tended the assemblies gratis, and are therefore call- ed o'lKOBiTOL iKKXr/aiasTat by the poet Antiphanes in a fragment preserved by Athenseus.' The same word oiKotTiToc is applied generally to a person who receives no pay for his services. With respect to the right of attending, we may observe, that it was enjoyed by all legitimate citi- zens who were of the proper age {generally suppo- sed to be twenty, certainly not less than eighteen), and not labouring under any ari/iia or loss of civil rights. All were considered citizens whose parents were both such, or who had been presented with the freedom of the state, and enrolled in the regis- ter of some demus or parish.* Adopted citizens, however {nocriToi), were not qualified to hold the of- fice of archon or any priesthood.' Decrepit old men (yepovTsg ol uipeiixhot, perhaps those above sixty) seem not to have been admitted, although it is not expressly so stated.'" Slaves, and foreigners also, were certainly excluded," though occasions would of course occur when it would be necessary or de- sirable to admit thorn ; and from Demosthenes" we may infer that it was not unusual to allow foreign- ers to er.tsr towards the close of the proceedings, when th'.' most important business of the day had been co/)Jluded; otherwise they stood outside.'^ 1. (FjIxx, Onom., viii., 104.) — 2. (Schol. ad Arist., Achar., 92.)— 3. ('.. c.)— 4. CPcmosth., c Neasr., p. 137S..'— 5. (v., 380 "CoirtP'vre E'ickh,vol. i., p 307, tTansl.) — 6. (Anstopli., Eccles., !95.;— '/. {vi., (!. 52.)— 8. (Demosth., o. Nesr., p. 1380.)- 9. (Id., n. 1376.)— 10. {Aristot., Polit., iii., c. 1.)— 11. (Aristoph.,TheMn., WA 1—12. (0. N"pier., p 1375 1—13. (^*-.h., c. CtMiph., •). S6.) C o c ECCLESIA. The laoTeTielc, or foreigners, wno enjoyed near); equal privileges with the citizens, are by some thought to have had the same rights as adopted cit- izens, with respect to voting in the assembly.' This, however, seems very doubtful ; at any rate, the etymology of the word iffo-eAeif does not justify such an opinion. In the article Boule it is explained who the pry. tanes and the proedri were ; and we may here re- mark, that it was the duty of the proedri of tho .same tribe, under the presidency of their chairman (i im- aruTj^f), to lay before the people the subjects to be discussed; to read, or cause to be read, the previ- ous bill {to vpo6ov?.ev/ia) of the senate ; and to give permission {yvufias npoTidivai) to the speakers lo address the people. They most probably sat on the steps near the /??;- fia, to which they were, on some occasions, called by the people. In later times they were assisted in keeping order (evicoafiia) by the members of the pre- siding tribe, ^ Tcpoedpevovaa ^v?iri' {vid. Boule) : and the officers who acted under them, the " ser- geants-at-arms," were the crier (o xtjpv^ and the Scythian bowmen. Thus, in Aristophanes,' the crier says to a speaker who was out of order, koSti- ao alya, and in another passage the to^otoi axe rep- resented as dragging a drunken man out of the as- sembly.* When the discussion upon any subject had terminated, the chairman of the proedri, if he thought proper, put the question to the vote : wc read, in some instances, of his refusing to do so." Previous, however, to the commencement of any business, it was usual to make a lustration or puri- fication of the place where the assembly was in Id. This was performed by an officiating priest, called the Peristiarch, a name given to him because li« went before the lustral victims (Tu Trepiana) aa they were carried round the boundary of the jilace. The term •KcpinTia is derived from •Kepi and iaila, and is, therefore, properly applied to sacrifices given by the prytanes {sXvaav rriv hnXriaiav), through the proclamation of the crier to the people ;' and as it was not customary to continue meetings, whict usually began early in the morning,' till after sun- set, if one day were not sufficient for the comple- tion of any business, it was adjourned to the next. But an assembly was sometimes broken up if any one, whether a magistrate or private individual, de. Glared that he saw an unfavourable omen, or per- ceived thunder and lightning. The sudden appear- ance of rain, also, or the shock of an earthquake, or any natural phenomenon of the kind called (Swinj- fiiai, was a sufficient reason for the hasty adjourn- ment of an assembly.* We have already stated, in general terras,' that all matters of j»uW?(; and national, interest, whether foreign or domestic, were determined upon by the people in their assemblies, and we shall conclude this article by stating in detail what some of these matters were. On this point .Tulius Pollux' in- forms us, that in the first assembly of every pryta- ny, which was called Kvpia, the emxeLporovia of the ' magistrates was held ; i. e., an inquisition into their conduct, which, if it proved unfavourable, was fol- lowed by their deposition. In the same assembly, moreover, the uaayyeXiai, or r xtraordinary inform- ations, were laid before the j-eople, as well as all matters relating to the watch and ward of the coun- try of Attica; the regular officers also read oveiitlw lists of confiscated property, pind the names of those who had entered upon inheritances. The second was devoted to the hearing of those who appeareii before the people as suppliants for some favour, 01 for the privilege of addressing the assembly withouC incurring a penalty, to whirh they otherwise would 1. (Suidtts, s.T. KoTCX£'(""'''i'i)«"'.)— 2. (Phil. Mus., vol i., p 424.)— 3. (Demosth., d. Timoci.. ns, 7I9.)^4. (Tlincyd., m, 72.)— 5. (Schol. ad Aristophan. fcip-, 981.)— 6. (Aristojitanw Acham., 173.)— 7. (Id., 20.)— » (AristoDh., Nub., S7fl.~'ni» cyd., v., 46.)— «. (viii.. 95.» ECCLESIA. ECLECTICI, !ia»e Ueen liable, or for indemnity previous to giv- ing information about any crime in which they were accomplices. In all these cases it was necessary to obtain an ofea, i. e., a special permission or im- munity, whence Pollux says of the second assem- bly, 'H SevTioa iKKXtjoia uvelrai Totf ffovXo/iivois aS- Efiif («'.«;, kif uSei(f) Uyuv nepl re rdv tSiuv /cat tCiv Stl/ioaiav. In the third assembly, ambassadors from foreign •tales were received. In the fourth, religious and other public matters of the state were discussed. From this statement, compared with what is said under Eisanoelia, it appears that in cases which required an extraordinary trial, the people some- times acted in a judicial capacity, although they usually referred such matters to the court of the Heliaja. There were, however, other cases in which they exercised a judicial power : thus, for instance, the proedri could ex officio prosecute an individual before the people for misconduct in the ecclesia.' Again, on some occasions, information (jiriwmc:) was simply laid before the people in assembly, with- out the informant making a regular impeachment ; and although the final determination in cases of this sort was generally referred to a court of law, still there seoms no reason to doubt that the people might have taken cognizance of them in assembly, and decided upon them as judges, just as they did in some instances of heinous and notorious crimes, oven when no one came forward with an accusa- tion. Moreover, in turbulent and excited times, if any one had incurred the displeasure of the people, they not unfrequently passed summary sentence upon him, without any regard to the regular and established forms of proceeding: as examples of which we may mention the casps of Demosthenes and Phocion. The proceedings called npoSolfi and irayyEAia were also instituted before the people : farther information with respect to them is given under those heads. The legislative powers of the people in assembly, K) far as they were defined by the enactments of Solon, were very limited ; in fact, strictly speaking, no laws could, without violating the spirit of the Athenian constitution, be either repealed or enact- ed, except by the court of the No/«oflerat r it might, however, doubtless happen, that ■ip^fla/iaTa passed by the assemblies had reference to general and per- manent objects, and were therefore virtually vo/ioi. or lav/s ;" moreover, if we may judge by the com- plaints of Demosthenes, it appears that in his days the institutions of Solon had in this respect fallen into disuse, and that new laws were made by, the people collectively in assembly, without the inter- vention of the court of the nomothetae.* The foreign policy of the' state, and all matters connected with it, and the regulation and appro- priation of the taxes and revenues, were, as we might expect, determined upon by the people in as- sembly. The domestic economy of the state was ander the same superintendence : a fact which Pol- lax briefly expresses by informing us that the peo- ple decided in the fourth assembly wspl iepCni koI 6tiit6aiuv, i. e:, on all matters, whether spiritual or secular, in which the citizens collectively had an mterest. Such, for example, says Schomann,* " are the priesthood, the temples of the gods, and all Oilier sacred things ; the treasury, the public land, and public property in general ; the magistracy, the I'OUitS; the laws and institutions of the state, and, hi fine, the state itself:" in connexion with which ive may observe, that the meetings for the election of magistrates were called itpxaipcalai. Lastly,- as •1.1 (^^Bchio., c. Tiiparob., p. 5.)— 2. (Andoc, De Myst., p. 13, id KouodfiVol.) — 3- (Demosth., c. Timocr., 744. — Aristbt., Po- , i» . c. 4.)— 4. (p. 299 ) Schomann remarks, "the people likewise dete* mined in assembly upon the propriety of conferring rewards and honours on such citizens or strangers, or even foreign states, as had in any manner sig- nally benefited the commonwealth." It is hardly necessary to add, that the signification of a religious assembly or church, which ix/cAi/o-ia bore in later times, sprang from its earlier meaning of an assem- bly in general, whether of the constituency of a whole state, or of its subdivisions, such as tribes and cantons. {Vid. Tkibhs and Demhs.) EKKAHT02 nOAIS. (Virf. Symbola.) ECCLE'TOI (iKKXriToi) was the name of an as- sembly at Sparta, and seems to have been the same as the so-called lesser assembly (r/ /uxpa KolovfisvTi biKTiTiaia}). Its name seems to indicate a select as- sembly, but it is difficult to determine of what per- sons it was composed ; but, since Xenophon' men- tions the ephors along with and as distinct from it, we cannot, with Tittmann' and Wachsmuth,* consider it as having consisted of the Spartan ma- gistrates, with the addition of some deputies electa ed from among the citizens. As, however, the tn- kXtitoi do not occur until the period when the fran- chise had been granted to a great number of freed- men and aliens, and when the number of ancient citizens had been considerably thinned, it does not seem improbable that the lesser assembly consisted exclusively of ancient citizens, either in or out of office ; and this supposition seems very well to agree with the fact, that they appear to have al- ways been jealously watchful in upholding the an- cient constitution, and in preventing any innovation that might be made by the ophors or the new citi zens.^ Thewhole subject :of the lii-ihiToi. \s involved in difficulty. Tittmann thinks that, though the nanir of this assembly is not mentioned, it existed long before the Persian war, and that in many cases in which the magistrates {rilii, upxovTeg or apxaC) are said to have made decrees, the magistrates are mentioned instead of the ckhXtitol, of whom they were the chief members. This last supposition is rejected by Miiller,' who observes that the magis- trates were often said to have decreed a measure (especially in foreign affairs), though it had been discussed before the whole assembly and approved by it ; for the magistrates were the representatives and the organs of the assembly, and acted in its name. Miiller is also of opinion that IkkXtitoi, and hitK'/i.riala are identical, and distinct from the lesser assembly, which he considers to have been a kind of select assembly. But his arguments on thia point are not convincing. The iKKXrjToi: and the lesser assembly are mentioned about the same time in Grecian history, and previous to that time we hear of no assembly except the regular knicliiaia of all the Spartans.' • ECDOSIS. (Vi(Z. Nadtioon.) ECLE'CTICI (knleiiTiKoi), an ancient medical sect, which must not be confounded with the school of philosophers of the same name mentioned by Diogenes Laertius,' though it is probable that they assumed this title in imitation of them. Their name is derived from their founder (like Potamo the phi- losopher) " having selected from each sect the ophi ions that seemed most probable" {cKle^aiiivov to apiaavra i^ kKaarfiQrav alpeaeav'). From a passage in the Imoduclio (in which Le Clerc" conjectures that, instead of kxleicroi, we should read iiiltiiTLii.oi) and which is falsely attributed to Galen.'^Mt appears 1. (Xen.,HeIl., iii.,3, « 8.)— 2. (HeU., ii., 4, 4 38.)— 3. (Griecli. Staatsv., p. 100.)— 4. (Hell. Alter., i., 1, p. 221.) — 5. (Thirl- wall Hist, of Greece, iv., p. 372, &c.)— 6. (Dor.,iii., 5, t, 10.1- 7. (Wi.Xen., Hell.,v. ii.,4.'l3; vi,, 3, « 3.)— 8. (Protein., c. H 1) 21.)— 9; (Dioj. Laert., 1. c )•- 10. (Hist, de 1.1 MM.)— II. ii- 4, p. 684. ed, KUhn.) *a7 EDICTL'M EDICTUM. ibat they wert^ a branch of the Methodici {vid. Me- thodic ' and they seem to Jiave agreed very near- ly, if not to have been altogether identical, with the sect of the Episynthetici. {Vid. Episynthetici.) They were founded either by Agathinus of Sparta or his pupil Archigenes.' Several of the opinions of both these physicians are to be found in various Iragiuents of their lost worlcs preserved by Galen, Oribasius, Aetius, &;c. ; but we are nowhere (as lar as the writer is aware) informed what were the ^^■ticular doctrines that they adopted as their own .om those of other sects. We can only suppose that they endeavoured to join the tenets of the Me- thodici to those of the Empirici and Dogmatici (vid. Methodici, Empirici, Dogmatici), and to reconcile the differences of those rival and opposite sects. EC'LOGEIS. {Vid. Eisphora.) ECMARTU'RIA (eic/iapTvpla) signifies the depo- sition of a witness, who, by reason of absence abroad, or illness, was unable to attend in court. His statement was taken down in writing, in the presence of persons expressly appointed to receive it, and afterward, upon their swearing to its identi- ty, was read as evidence in the cause. They were said fiaprvpew rrjv iK/iapTvpiav : the absent witness, iie/iapTvpctv : the party who procured the evidence, eK/iaprvpiav lioieladai. It was considered as the testimony of the deponent himself, not that of the certifying witnesses, and therefore did not come within the description of hearsay evidence, which (except the declaration of a deceased person) was not admissible at Athens. The law was ukotiv ilvai fiaprupuv redveuTo;, knjiapTvpiav Si inepdptmi (Qi ulnivaTov. The deponent (like any other wit- ness) was liable to an action for false testimony if the contents of the deposition were untrue, unless he could show that it was incorrectly taken down or forged, in which case the certifying witnesses would be liable. Therefore (Isseus tells us) it was usual to select persons of good character to receive such evidence, and to have as many of them as possible." (Vid. Martdria.) EG'PHORA. (Fa. Funbs.) ECPliULLOPHOR'IA. (Vid. Banishment, Greek.) ECPOIEIN (kKtroidv), ECPOIEISTHAI (e/tn-ot- fladai). (Vid. Adoption, Greek.) *EDEKA. ( VU. Hedera.) ECULEUS. (Vid. Eqout,Eus.) E'DERE AGTIO'NEM. (Vid. Actio, p. 19.) EDIGTUM. The Jus Edicendi, or power of ma- king edicts, belonged to the higher m igistratus pop- uli Romani, but it was principally exercised by the two praetors, the praitor urbanus and the prsetor peregrinus, whose jurisdiction was exercised in the provinces by the prseses. The curule aediles also made many edicts, and their jurisdiction was exer- cised (under the Empire at least) in the provinciae populi Roman! by the quzestors.' There was no edict promulgated in the provinciae Caesaris. The tribunes, censors, and pontifices also promulgated edicts relating to the matters of their respective ju- risdictions. The edicta are enumerated by Gaius among the sources of Roman law, and this part of I he Roman law is sometimes called in the Pandect I us Honorarium,* apparently because the edictal power belonged to those magistrates only who had the bonores. and not so much ad honorem praeto- rum.' As the edicts of the praetors were the most important, the jus honorarium was sometimes call- ed jus praetorium ; but properly, the jus honorarium was the term under which was comprehended all the edictal law. 1. (Galen, Deflnit. Med., c. 14, p. 353.)— 3. (Iseus, De Pyrr. Hered., 23, 84, cd. Bekk.— Demosth., c. Steph., 1130, 1131.)— 3. iCaius, i., 6.)— 4. (Dig. 44, tit. 7, s. 52.)— 5. (Dig. 1, tit. 1. s. 7.) .S8R The Edictura may be described generally aa a rule promulgated by a magistratus on entering on his office, which was done by writing it on an album and placmg it in a conspicuous place, "Unde de piano recte legi potest." From this circumstance the Edict was considered to be a part of the jm scriptum. As the office of a magistratus was an- nual, the rules promulgated b7 a predecessor were not binding on a successor, bui he might confina or adopt the rules of his predecessor, and introduce them into his own Edict, and hence such adopleii rules were called edictura tralatitium' or vetus, as opposed to edictum novum. A repentinum edictam was that rule which was made (prout res juci- dit) for the occasion." A perpetuum edictum was that rule which was made by the magistratus on en- tering upon office, and which was intended to apply to all cases to which it was applicable dur,f.T the year of his office : hence it was sometimes called, also, annua lex. Until it became the practice fur magistratus to adopt the edicta of their predeces- sors, the edicta could not form a body of pennanent binding rules ; but when this practice became com- mon, the edicta (edictum tralatitium) soon consti- tuted a large body of law, which was practically of as much importance as any other part of the law. The several edicta, when thus established, were designated by the names of their promulgators, as the Edictum Carbonianum; or they were named with reference to the formula and the actio which they established, as Aquiliana, Publiciana, llutilia- na, &c. The origin of the edictal power cannot be histori- cally shown ; but as the praetor was a magistrate established for the administration of justice, on ac- count of the occupations of the consuls, and the consular power was the representative of the kingly powci', it seems that the jus edicendi may have been a remnant of the kingly prerogative. However this may be, the edictal power was early exercised, and so far established that the jus pra;torium was a rec- ognised division of law in, and perhaps somewhat before, the time of Cicero," in whose age the study of the Edict formed a part of the regular study of the law.* The edict of tlie aediles about the buying and selling of slaves is mentioned by Cicero ;' the Edictiones jEdilitiae are alluded to by Plautus;*. and an edict of the praetor Peregrinus is mentioncl in the Lex Galliae Cisalpinae, which probably belongs to the beginning of the eighth century of the city. The Lex Cornelia, B.C. 67, provided against abuses of the edictal power, by declaring that the praetors should decide in particular cases conformably to their perpetual edicts. The edicts made in the prov- inces are often mentioned by Cicero. They were founded on the edictum urbanum, though they like- wise comprehended special rules, applicable only to the administration of justice in the provinces, and so far they were properly edictum provinciate. Thus Cicero' says that he promulgated in his province two edicta ; one provinciale, which, among other matters, contained everything that related to the pnblicani, and another, to which he gives no name, relating to matters of which he says, " ex eilicto el postulari et fieri solent." As to all the rest he mads no edict, but declared that he would frame all hi» decrees (decreta) upon the edicta urbana. It ap- pears, then, that in the time of Cicero the edicta already formed a large body of law, which is con- firmed by the fact that in his time an attempt had been already made to reduce it into order, and to comment on it. Servius Snlpicius, the great jurist 1. (Cio. ad. Att., v., 21 ; ad Fam., iii., 8 ; in Verr., i., 45.)— S (in Verr., iii., 14.)— 3. (in Verr., i., 44.)— <1. (De Leg., i., 5 ; ii.i 23.)— 5. (Off., iii., 17.)— 6. (Capt., iv., 2; v., 43.)— 7. (ad Alt. vi., 1.) edictum: EDICTUM. and orator, the fiiend anrf contemporary of Cicero, addressed to Brutus two very short liooks on the Edict, Vfhich was followed by the work of Ofilius;' though we do not know vi ,iether the work of Ofilius was an attempt to arrange and collect the various edicta. like the subsequent compilation of Julian, or a commentary like those of many subsequent ju- rists ;Ofilius edictum prsetoris primus diligenter composuit). The object of the Edict, according to the Roman jurists, was the following : " Adjuvandi vel supplen- di vel corrigendi juris civilis gratia propter utilitatem publicam :" the Edict is also described as " viva vox juris civilis." It was, in effect, an indirect method of legislating, sanctioned, not only by public opinion, but by the sovereign power, and it was the means by which numerous rules of law became established. It was found to be a more effectual, because an easier and more practical way of gradually enlarging and altering the existing law, and keeping the whole system in harmony, than the method of direct le- gislation ; and it is undeniable that the most valuable part of the Roman law is derived from the edicts. If a prsetor established any rule which was found to be inconvenient or injurious, it fell into disuse if not adopted by his successor. The- publicity of the Edict must also have been a great security against any arbitrary changes, for a magistratus would hardly venture to promulgate a rule to which opinion had not by anticipation already given its sanction. Many of the rules promulgated by the Edict may probably have been ixerely in conformity to existing custom, more particularly in cases of contracts, and thus the edict would have the effect of converting custom into law. When Cicero," however, says that the Edict depends in a great degree on custom, he probably only means that it was usual to incorpo- rate into every new edict what any preceding ma- gistratus had adopted from former edicts. Thus tiis edictum tralatitium obtained its validity by being continually recognised by every successive magis- tratus. As t() the matter of the Edict, it must be supposed that the defects of the existing law must generally have been acknowledged and felt before any magis- tratus ventured to supply them; and in doing this, he must have conformed to that so-called natural equity which is recognised by all mankind. Under the emperors, also, it may be presumed that the opinions of legal writers would act on public opin- ion, and on those who had the jus edicendi. Hence a large part of the ediotal rules were founded on the so-called jus gentium, and the necessity of some modifications of the strict rules of the civil law, and pf additional rules of law, would become the more apparent with the extension of the Roman power and their intercourse with other nations. But the method in which the prastor introduced new rules of law was altogether conformable to the spirit of Roman institutions. The process was slow and gradual ; it was not effected by the destruction of that which existed, but by adapting it to circum- stances. Accoidingly, when a right existed or was recognised, the praetor would give an action if there was none ; he would interfere by way of protecting possession, but he could not make possession into ownership, and, accordingly, that was effected by law {vid. UsnoAPio) ; he aided plaintiffs by fictions, as, for instance, in the Publiciana actio, where the fiction was that the possessor had obtained the own- ership by usucapion, and so was quasi ex jure Qui- ritium domiEus ;' and he also aided parties by ex- ceptiones, and in integrum restitutio. The old forms of procedure were few in number, . I. (Diff. 1, tj',. 2, s. 2.) -2. (De Invent., :i., 22.) — 3. (Gains, i|»,36.) and certainly they were often inconvenient and tail ed to do justice. Accordingly, the prastor extended the remedies by action, as already intimated in the case of the Publiciana actio This change probably commenced after many oi the legis actiones wcrf abolished by the .^Ebutia lex, and the necessity of new forms of actions arose. These were introduced by the praetors, and it is hardly a matter of doubt that, in establishing the formulae, they followed the analogy of the legis actiones. It is the conclusion of an ingenious writer,' " that the edict of the prae- tor urbanus was in the main part relating to actions arranged after the model of the old legis actiones, and that the system is apparent in the Code of Ju.s^- tinian, and still more in the Digest." Under the emperors there were many commenta- tors on the Edict. Thus we find that Labeo wrote four books on the Edict, and a work of his in thirty books, Ad Edictum Praetoris Peregrini, is cited by Ulpian.' When the imperial rescripts became com- mon, the practice of making annual edicts becamti less common, and after the time of Hadrian proba- bly fell nearly into disuse ; but this opinion, it should be observed, is opposed by several distinguished modern writers. However this may be, Salvius Ju- lianus, a distinguished jurist, who lived in the time of Hadrian, and filled the office of praetor, composed . a systematic treatise on the edict, which vifas called Edictum Perpetuum ; and it seems that, from the date of this treatise, the name Perpetuum was more particularly applied to this edictum than to that which was originally called the Edictum Perpetu- um. Julian appears to have collected and arranged the old edicts, and he probably omitted both what had fallen into disuse, and abridged many parts, thus giving to the whole a systematic character. The work of Julian must have had a great influence on the study of the law, and on subsequent juristical writings. Nothing is known of the details of this treatise. It does not seem probable that the edicts of the two Romans pra;tors, together with the Edic- tum Provinciale, and the edicts of the curule aediles, were blended into one in this compilation. If the work of Julian comprehended all these edicts, they must have been kept distinct, as the subject matter of them was different. We know that the edicts of the curule aediles were the subject of distinct treati- ses by Gains, Ulpian, and Paulus, and the Edictum Provinciale would, from its nature, be of necessity kept separate from all the rest. But some writers are of opinion that the Edictum Perpetuum of Juli- anus made one body of law out of the edicta of the prastor urbanus and peregrinus ; that there was also incorporated into it much of the Edictum Provinci- ale, and a large part of the Edictum .iEdilicium, as an appendage at least. The Edict thus arranged and systematized was, it is farther supposed, pro- mulgated in the provinces, and thus became, as far as its provisions extended, a body of law for the Empire. This view of the edictum of Julianus is confirmed by the fact of Italy being divided by Ha- drian into the city of Rome with its appurtenant part, and four districts. The magistratus remained as before, but the jurisdiction of the praetor was lim ited to Rome and its territory ; and magistrates, called consulares, and subsequently, in the time of Aurelius, juridici, were appointed to administer jus- tice in the districts. As the edictal power of the praetor was thus limited, the necessity for a com- prehensive Edict (such as the Edictum Perpetaum\ is the more apparent. There were numerous writings on the Edict be- sides those above enumerated. They were some- times simply entitled ad Edictum, according to th" 1. (Rhein. Mus. fiir Juris., i., p. 51. — "Die OScoTomie dfll Edictes, Ton Ileffter.")— 2. (Dig. 4, tit. 3, s. 9.1 KIKEN. EISANGEI.IA. ligations n the Digest; and there were also other ju- ristical writings, not so entitled, which followed the order of the Edict, as, for instance, the epitome of Hermogenianus.' Ultimately the writings on the Edict, and those which followed the arrangement of the Edict, obtained more authority than the Edict itself, and became the basis of instruction. Some few fragments of the older edicts are found here and there in the Roman writers, but it is chief- ly from the writings of the jurists as excerpted in the Digest that we know anything of the Edict in its later form. It seems pretty clear that the order of Justinian's Digest, and more particularly that of his Code, to some extent followed that of the Edict. The writings on the Edict, as well as the Edict it- self, were divided into tituli or rubricae, and these into capita; some special or detached rules were named clausulse ; and some parts were simply named edictum, as Edictum Carbonianum, &c. The Edicta or Edictales Leges of the emperors are mentioned under Constitotio. The Digest, as already observed, contains nu- merous fragments of the Edicts. Th3 most com- plete collection of the fragments of the Edicts is by Wieling, in his " Fragmenta Edicti Perpetui," Fra- nek., 1733. The latest essay on the subject is by C. G. L. de Weyhe, " Libri Tres Edicti sive de ori- gine fatisque Jurisprudentise Romanae praesertim Edictorum Prsetoris ac de forma Edicti Perpetui," Cell., 1821. The twenty-first book of the Digest" is on the ^dilicium Edictum. (Zimmern, Geschich- te des Rom. Privatrechts. — ^MarezoU, Lehrbuch, &,c. — Rein, Das Romische Privatrecht, &c., ein Hiilfsbuch zur erkldrung dcr alien Classiker, &c., Leipzig, 1836, a useful work. — Savigny, Geschichte des R. R,, &c., Tol. i., c. 1.) EDICTUM THEODORICI. This is the first collection of law that was made after the downfall of the Roman power in Italy. It was promulgated by Theodoric, king of the Ostrogoths, at Rome, in the year A.D. 500. It consists of 154 chapters, in which we recognise parts taken from the Code and Novellas of Theodosius, from the Codices Gregoria- nus and Hermogenianus, and the Sententiau of Pau- lus. The Edict was doubtless drawn up by Roman writers, but the original sources are more disfigured and altered than in any other compilation. This collection of law was intended to apply both to the Goths and the Romans, so far as its provisions went ; but when it made no alteration in the Gothic law, that law was still to be in force. There is an edi- tion of this Edictum by G. F. Rhon, Hate, 1816, 4to.3 EEDNA. (Vid. Dos, Greek.) EICOSTE {dKoorfi) was a tax or duty of one twentieth (five per cent.) upon all commodities ex- ported or imported by sea in the states of the allies subject to Athens. This tax was first imposed B.C. 413, in place of the direct tribute which had up to this time been paid by the subject allies ; and the change was made with the hope of raising a greater revenue.* This tax, like aii others; was fenned, and the farmers of it were called eluoaToU- yot. It continued to be collected in B.C. 405, as Aristophanes mentions au daKoaroAdyoc in the S'rogs.' EICOSTOL'OGOI. (,Vid. Eicoste.I EIREN or IREN (eipnv or ipiiv) was the name given *~ *.he Spartan youth when he attained the age ol f».eiity. At the age of eighteen he emerged from childhood, and was called /ieMdpijv.^ When he had attained his twestieth year, he began to ex- 1. (Dig. 1, iit. 5, 8. 2..)— 2. (lit. 1.),— 3. (Savigmy, Geschichte •l-.a R. R., *r,.)— 4. (Thucyd., vii., 28..)— 5; (1. 348 —Vid. nnc'ih. Piibl. Econ. of Athens, ii., p. 38, 139.)-^6. (Plut., Lvc. 3911 ercise a direct influence over his junioi i, and wa» intrusted with the command of troops, in battle. The word appears to have originall/ signified a com. mander. Hesychius explains 'Ipavec hy up;(ovTec, diOKovTEQ : and dprival^u by Kparei. The ioenec men- tioned in Herodotus' were certainly not ycutlia, but commanders.' EIS'AGEIN. (Fi(J. EisAGOGEis.) EISAGO'GEIS (Eiffayuyfif) were not thenisolvca distinct classes of magistrates, but the name was given to the ordinary magistrates when they were applied to to bring a cause (.daayeiv) into a propei court. (Vid. Diaitetai, p. 354, and Dice, p. 358.) The cause itself was tried, as is explained under Dice, by dicasts chosen by lot ; but all the prelimi- nary proceedings, such as receiving the, accusatioa, drawing up the indictment, introducing the cause into court, &c., were conducted by the regular ma- gistrate, who attended in his own department to all that was understood in Athenian law by the vyeito- via Tov SiKaarnpiov. Thus we find the strategi, the logistae, the imBTaTai tuv dtinoniuv Ipyuv, the tm- uc^rjTal Toii kji'^opiais, &c., possessing this iiye\imld; but it was not the chief business of any of the pu)}. lie magistrates except of the archons,,and perhaps of the eleven. The chief part of the duties of the former, and especially of the thesmothetse, consisted in receiving aoiusations and bringing causes to trial (dmycLv) in the proper courts. (Vid. Archon, p. 84. )s EISANGEL'IA (daayyeyia) signifies,, in its pri mary and most general sense, a denunciatipti of any kind,* but much more usually, an infprmatioD laid before the council or the assembly of the peo- ple, and the consequent impeachment and trial pi state criminals at Athens under novel or extraordi- nary circumstances. Among these were the occa- sions upon which manifest crimes were alleged ti> have been committed, and. yet of such a nature a.i the existing laws had failed to anticipate, or, at least, describe specifically {uypa^a uSiKTi/iarff,),, tne result of which omission would have been, but for the enactment by which the accusations in question might be preferred (vo/ioc d(!ayyti,nK6g), that, a prosecutor would not have known to what magis- trate to apply ; that a magistrate, if applied to, could not with safety have accepted the indictment or brought it into court ; and that, in short, there would have been a total failure of justice,? . The process in question was peculiarly adapted to sup- ply these deficiencies : it pointed out, as the author- ity competent to determine the criminality of the alleged act, the assembly of the people, to which applications for this purpose might be made, on the first business-day of each prytany (nvpia^e/cKTi^am^)) or the council, which was at all times capable pT undertaking such investigations ; and occasionally the accusation was submitted to the cognizance of both these bodies. After the offence had been de- clared penal, the forms of the trial and amount of the punishment were prescribed by the same au- thority ; and, as upon the conviction of the offenders a precedent would be established for the future, the whole of the proceedings, although extraordinary, and not originating in any specific law, ircay be con- sidered as virtually establishing a penal ttatisto, retrospective in its first application.' The speech of Euryptolemus* clearly shows thai the crime charged against the ten generals who fought at Arginusae was one of these unspeci- fied offences. The decree of the senate against Antiphon and his colleagues," directing that they I. (ix., 85.)— 2. (Mttller, Dorians, ii., p. 315.)— 3. (Hermann, Pol. Ant. of Greece, >, 138.) — 4. fSohBrnann, Do Com., p. 181.' 5. (Harpocrat., s. v.)— ti. (Harpocrat.)--?, (Lycurg., c. Leocrat., 149, ed. Steph.)— 8. (Xen., IIell.,i,, 7, sul.fin.)— U. (Vit !!**• Orat. in Antiph . 833, E.l EI&ANGELIA. EISITERlA unould be tried, and, if found guilty, punished as traitors, seems to warrant tlie inference tliat their delinquency (vizi, having undertaken an embassy to Sparta by order of the Four Hundred, a govern- ment declared illegal upon the reinstatement of the democracy) did not amount to treason in the usual sense ol the term, but required a special declaration by the senate to render it cognizable as such by the Heliasa. Another instance of treason by implica- tion, prosecuted as an extraordinary and unspecified crime, appears in the case of Leocrates, who is, in the speech already cited, accused of having absent- ed himself from his co'intry, and dropped the char- acter of an Athenian citizen at a time when the state was in imminent danger. Offences, however, of this nature were by no means the only ones, nor, indeed, the most numerous class of those to which extraordinary dennnciations were applicable. They might be adopted when the charge embraced a combination of crimes, as that of treason and impi- ety in the famous case of Alcibiades, for each of which a common indictment (ypaifiri) was admissi- ble when the accused were persons of great influ- ence in the state, when the imputed crime, though punishable by the ordinary laws, was peculiarly heinous, or when a more speedy trial than was per- mitted by the usual course of business was requisite to accomplish the ends of justice.' Circumstances such as these would, of course, he very often pre- tended by an informer, to excite the greater odium against the accused^ and the adoption of the process in question must have been much more frequent I han was absolutely necessary. The first step taken by the informer was to re- duce his denunciation to writing, and submit it im- mediately to the cognizance of the council, which had a discretionary power to accept or reject it.' Schbmann maintains that a reference to this body was also necessary when it was intended to bring the matter before the assembly-of the people, but that its agency was in such oases limited to permit- ting the impeachment to be announced for discus- sion, and directing the proedri to obtain a hearing for the informer. The thesmothetae are also men- tioned by Pollux^ as taking part in bringing the matter before the assembly, but upon what occasion they were so employed we can only conjecture. In causes intended for the cognizance of the council only, after the reception of the denuncia- tion, three courses with respect to it might be adopted by that body. If the alleged offence were punishable by a fine of no greater amount than five hundred drachm.-e, t!ie council itself formed a court competent for its trial ; if it was of a graver char- acter, they might pass a decree, such as that in the case of .'Vntiphon already mentioned, directing the proper officers to introduce the cause to a Heliastic court, and prescribing the time and forms of the trial, and the penalty to be inflicted upon the con- viction of the criminals ; lastly, if the matter were highly important, and from doubts or other reasons they required the sanction of the assembly, they might submit the cause as it stood to the consider- ation of that body. In the first case, the trial was conducted before the council with all the forms of an ordinary court ; and if, upon the assessment 'of penalties, the offence seemed to deserve a heavier punishment than fell within its competency, the trial was transferred to a Heliastic court, by the delivery of the sentence of the council {KardyvatsLi) to the thesmothetae by the scribe of the prytanes, and upon these officers it then devolved to brings the criminals to justice.* The accused were in the mean while put into prison for safe custody by the I. (Pr.homann. De Com., p. 190.— Harpocrat.)— 9. (Lys., c HiCDii' las.)— 3. lui.i . -^7.1—4. (DemosLh., c. Timocr., 780.) authority of the council. When the oflenco ivai obviously beyond the reach of the senate's compo- tency, the trial was dispensed with, and a decree immediately drawn up for submitting the cause (o ?. superior court. When a cause of this kind was so referred, the decree of the senate, or vote of the people, associa- ted other public advocates, generally ten in liumber; with the informer, who received a drachma ea,-1 from the public treasury {avvijyopoi). And besides these, permission was given to any other citizen to volunteer his services on the side of the prosecu tlon. If the information were laid before the a."- sembly, either by the accuser himself or the senate, the first proceedings in the cause had for their ob- ject to establish the penalty of the offence, or the apparent culpability of the accused ; and this being decided by a vote of the people after a public dis- cussion, the mode of conducting the trial and the penalty were next fixed. In the case of the ten generals, the assembly directed that the senate should propose the requisite arrangements. The plan of the senate, however, was not necessarily adopted, but might be combated by rival proposals of any private citizen. The assembly very often referred the matter to the Heliastic court, but oc- casionally undertook the trial itself; and when the prisoner was accused of treason, we are told' thai he made his defence to the assembly in chains, and with a keeper upon either side ; and, according to another authority," that the time for such defence was limited. After this the tribes voted by ballot, two urns being assigned to each tribe for this pur- pose. The Informer, in the event of the prisoner being acquitted, was subjected to no penalty if ht; obtained the votes of as many as a fifth of thB judges ; otherwise he was liable to a fine of a thousand drachmae. For a more ample discussion of the trials in question, the reader is referred to Schomann.' Besides the class of causes hitherto described, there were also two others which equally bore the name of elaayyelia, though by no means of the same importance, nor, indeed, much resembling it in the cond uct of the proceedings. The first of these con- sists of cases of alleged xaKaaic, i. e., wrong done to aged or helpless parents, women, or orphans. Upon such occasions the informer laid his indict- ment before the archon if the aggrieved persons were of a free Attic family, or before the polemarch if they were resident aliens. The peculiarities of this kind of cause were, that any Athenian citizen might undertake the accusation ; that the informer was not limited as to time in his address to the court, and incurred no penalty whatever upon fail- ing to obtain a verdict. With respect to the ac- cused, it is obvious that the cause must have been Tifir/Toc, or, in other words, that the court would have the power of fixing the amount of the penalty upon conviction. The third kind of daayyeXia was available against one of the public arbitrators (Siai- rlJTric), when any one complained of his having given an unjust verdict against him. The informa- tion was in this case laid before the senate ; and that the magistrate who had so offended, or did not appear to defend himself, might be punished by dis- franchisement, we know from the instance men- tioned by Demosthenes.* This passage, however, and an allusion to it in Harpocration, constitute the whole of our information upon the subject.' EISITE'RIA (EiaLT^pta, sell, lepa), sacrifices which were offered at Athens by the senate before the session began, in honour of Seo/. BovTuilot, i. «., 1. (Xen., 1. c.)— 2. (Schol. ad Arislo]*., Eccles., 1081.)— J (De Comitiis.c, iii.)— 4. (c. Meid., 642, 14.)— 5. (Hudl«ralci«» ubor die DiStet , p. 19 —Meier, Att. Proc, 270.) 391 EISPHORA. EISPHORA. £eQ3 and Athena." The sacrifice was accompanied by libations, and a common meal for all the senatora." Suidas" calls the eiaLT^pta a festive day — the first of every year — on which all the Athenian magis- trates entered upon their office, and on which the senate offered up sacrifices for the purpose of ob- taining the good- will of the gods for the new magis- trates. But this statement, as well as the farther remarks he adds, seem to have arisen from a gross misunderstanding of the passage of Demosthenes* to which he refers. Schomann' adopts the account of Suidas, and rejects the other statement without giving any reason. EIS'PHORA (cjff^opti), literally a contribution or tribute, was an extraordinary tax on property, raised at Athens whenever the means of the state were not sufficient to carry on a war. Tlie money thus raised was sometimes called t4 /coT-nW^/iara.' We must carefully distinguish between this tax and the various liturgies which consisted in personal or di- rect services which citizens had to perform, where- as the da^opd consisted in paying a certain contri- bution towards defraying the expenses of a war. Some ancient writers do not always clearly distin- guish between the two, and Ulpian on Demosthenes' entirely confounds them ; and it is partly owing to these inaccuracies that this subject is involved in great difficulties. At the time when armies consist- ed only of Athenian citizens, who equipped them- selves and served without pay, the military service was indeed nothing but a species of extraordinary liturgy ; but when mercenaries were hired to per- form the duties of the citizens, when wars became more expensive and frequent, the state was obliged to levy contributions on the citizens in order to be able to carry them on, and the citizens then paid money for services which previously they had per- formed in person. It is not quite certain when this property-tax was introduced ; for, although it is commonly inferred, from a passage in Thuoydides,' that it was first in- stituted in 438 B.C. in order to defray the expenses of the siege of Mytilene, yet we find eic^opii, men- tioned at an earlier piiriod ;' and even the passage of Thucydides admits of an interpretation quite in accordance with this, for it is certainly not impos- sible that he merely meant to say that so large an amount as 200 talents had never before been raised as da(pofju. But, however this may be, after the year 428 B.C. this property-tax seems to have fre- quently been raised, for a few years afterward Aristophanes'" speaks of it as something of common occurrence. Such a contribution could never be raised without a decree of the people, who also as- signed the amount required ;" and the generals superintended its collection, and presided in the courts where disputes connected with, or arising from, the levying of the tax were settled." Such disputes seem to have occurred rather frequently ; personal enmity not seldom induced the officers to tax persons higher than was lawful, according to the amount of their property." The usual expres- sions for paying this property- tax are, elaijiepeiv ^prjiiara^ Eia(j)Epetv el^ top tto\e[iov^ etc ttjv ao)Ttjplav Tf/g TTO/leuf, ela^opu.; eiafepew, and those who paid it were called ol Elaftpovre;. On the occasion men- tioned by Thucydides, the amount which was raised 1. (Antinh., T)fi Chor., p. 7S9. — Backh, Corp. Inscript., i., p. (i71.)— 2. (Demosth., De Fals. Leg., p. 400, 24.— Compare with c. Meid., p. 552, 2, wher3 etanf/pia are said to be offered for the •enats, ircp Tijs pouXSf.)— 3. (s.v.) — 4. (Da Fals. Leg., p. 400.) 9. (De Comit., p. 291, transl.) — 6. (Demosth., c. Timocr., p T31.)— 7. (Olyoth., ii., p. 33, e.)-8 (iii., 19.)— 9. (VM.Antiph., Tetral., i. b., c. 12. — Isffius, De Dicffiog., c. 37 ; and Tittmann, Griech. Staatsr., p. 41, note 31./— 10. (Equit., 922.)- 11. (De- mosth., o. Polyol., p. 1208. — Aristoph., Eooles., 818.) — 12. (Wolf, Proleg. in Leptin., p. 94. — Demosth., c. Bceot., p. 1002 ) — ISL (Aristoph. I c— Demosth., c. Aphob., p. 815.) 992 was, as we have seen, 200 talents, which it we suppose the taxable property to have been 20,000 talents, was a tax of one per cent.' At othe» times the rates were higher or lower, according to thu wants of the Republic at the time : we ha vc ac- counts of rates of a twelfth, a fiftieth, a hundredth, and a five hundredth part of the taxable property The census of Solon was during the first porioil the standard according to which the ehfopa wai raised, until in 377 B.C., in the archonship of Nau- sinicus, anew census was instituted, in which the people, for the purpose of fixing the rates of the property-tax, were divided into a number of symi moriae {avfi/iopiai) or classes, similar to those whicli were afterw.nrd made for the trierarcliy.= The na- ture of this new censns, notwithstanding the minut« investigation of B6ckh,= is still involved in great ob- scurity. Kach of the ten phyla;, according to Ul- pian, appointed 120 of its wealthier citizens, wlio were divided into two parts, according to their prop- erty, called symmoriae, each consisting of sixty per- sons ; and the members of the wealthier of the two symmoriae were obliged, in case of urgent necessity, to advance to the less wealthy the sum required foi the ela^opd (■jrponafopa''). When the wants of the state had been thus supplied, those who had advan- ced the money could at their ease, and in the usual way, exact their money hack from those to whom they had advanced it. The whole number of per- sons included in the symmorias was 1200, who were considered as the representatives of the whole Re- public ; it would, however, as Bockh justly observes, be absurd to suppose, with Ulpian, that these 1200 alone paid the property-tax, and that all the rest were exempt from it. The whole census of 6000,' or, more accurately, of 5750 talents,' was surely nol the property of 1200 citizens, but the taxable prop- erty of the whole Republic. Many others, therefore, though their property was smaller than that of the 1200, must have contributed to the sicifopa, and their property must be considered as included in the census of 5750 talents of taxable property. The body of 1200 was, according to Ulpian, also divided into four classes, each consisting of 300. The first class, or the richest, were the leaders of the symmoriae {Jiye/iovei; avpt/iopiav), and are often called the three hundred kot' i^oxvT- They proba- bly conducted the proceedings of the symmorise, and they, or, which is more likely, the demarchs, had to value the taxable property. Other officers were appointed to make out the lists of the rates, and were called emypa^eif, diaypajietg, or kJ-oyc.V. When the wants of the state were pressing, the 3U0 leaders, perhaps in connexion with the 300 includou in the second class — for Ulpian, in the first portion of his remark, states that the richer symmoria of every phyle had to perform this duty— advanced the money to the others on the above-mentioned terms,' which, however, was never done unless ir was decreed by the people.' The rates of taxatio*. for the four classes have been made out with greal probability by Bockh,' from whose work the follow- ing table is taken : First Class, from twelve talents upward. rroperly. Tajable. Tauble Capital. on'-Souf'^, 500 tal. 100 " 50 " 15 " 12 " 100 tal. . . . 20 " . . . 10 " . . . 3 « . . . 2 tal. 24 min 6 tal. 1 " . 30 min. 9 " . 720 drach 1. (Bcickh, Staatsh., ii., p. 56.)— 2. (Philooh., au Harpocnt s. V. 2u(<(ri66Xta), the greatest fes- tival in the town of Hyampolis, in Phocis, which was celebrated in honour of Artemis, in commem- oration, it is said, of a victory which its inhabitants had gained over the Thessahans, who had ravaged the country, and reduced the Phocians m the neigh- bourhood of the town nearly to the last extreniity.* The only particular which we know ol its clebra- tion is, that a peculiar kind of cake (l/ta^of) was made on the occasion." These cakes were, as their name indicates, probably made in the shape of a stag or deer, and offered to the goddess. Thf! fes- tival of the elaphebolia was also celebrated in many other parts of Greece, but no particulars are known.' ELAPHEBOL'ION {'EAafrieoliui:). (Vid. Cai- ENDAR, Greek.) *ELAPHOBOS'CUS (iUijioBoaKoc), the Garden Parsnip, or Pastinaca sativa. The popular belief was, that the stags, by feeding on this, were enabled to resist serpents. Sibthorp found it in the islands of the Archipelago, on the margins of fields, and also in the Peloponnesus.' *EL'APHUS (IXacjior), the Stag, or Ccrvus Ela- phus. Buffon makes the 'mr^Xa^o^ of Aristotle the Cerf des Ardennes. The uxatvTj^ of Aristotle was the Dagvet, or Young Stag.' ♦EL' ATE (kMrv). " The common iXuri] of tliB Greeks," observes Adams, " must have been either the Pinus Orientalis, Tournefort, or the Pinus abies. There is some difficulty in distinguishing the Male and Female species of Theophrastus.' Stackhoust? holds the former to be the Pinus abies, or common Fir-tree ; and the latter, the Pinus picea, or Yellow leaved Fir.'" ♦ELAT'INE (kXarivti). either the Linaria Elatme, Desf , or Linaria spuria. Will. Its English name is Fhiellin, and it is a species of Toad-flax." *ELEB'ORUS. (Firf. Helleborus.) ELECTRUM. (Vid. Bronze, p. 177.) *II. Amber. Most of the ancient authors erred m supposing Amber an exudation from the poplar. Theophrastus, however," would appear to have known its true origin. " Amber," says he, " is a stone. It is dug out of the earth in Liguria, and has, as before mentioned, a power of attrac- tion." Diodorus Siculus*' knew that Amber came from the country north of Gaul, and that the popu- lar story of its consisting of the tears of those pop- lars into which Phaijthon's sisters were transformeii was a mere fable. ■ Luciin was aware that Amber was not an exudation from the poplar, and that therfe was none of it got at the mouth of the Pn. The common error in relation to the quarter whence this substance was obtained, has been explained ris fol- 1. (H. N., 3lv., 7.)— 2. (H. N., xxiii., 4.)— 3. (Plin., U. K., ed Panckouiike, vol. xiv., p. 367.)— 4. (Plut., De Mill. Virt., p '267 —Pans., X., 35. I> 4.)— 5. /Athen., xv., p. 646.)— 6. (F.tyni. Mas, s. T. 'EXo07!6o>.i(5i/-)— 7. (J)ioscor, iii., 73— Adanis, Appeal., s. T.)— 8. (SchneiJtr ad Aristot., U. A., il., 0.— Aiaiijo, A^ pond., s. V.)— 9. (H. P., i.. ' ; i.,8.;— 10. (Adams, Ai>peiul.,a.7,) —11. (Dioscor., iv., 40. -.vpi^eiv and yeimpidjio^}" These axafi/iara seem, like the procession with torches to Eleusis, to have been dramatical and symbolical representations of the I'ests by which, according to the ancient legend, anibe or Baubo had dispelled the grief of the god- dess and made her smile. We may here observe, that probably the whole history of Demeter and Persephone v/as in some way or other symbolically represented at the Eleusinia. Hence Clemens of Alexandrea" calls the Eleusinian mysteries a "mys- tical drama."" The eighth day, called 'EmiJaipio, 1. (P-airept., p. 18, ed. Potter.)— 2. (Athen., vii., p. 325.)— 3. (Pans., i., 38, i 6.)— 4. (Callim., Hymn, in Cer.— Vivg-., Georg., f., 166l — Meursius, 1. c, c. 25.) — 5. (Hesych., s. v. "laKxov.) — 0. (Plut-, Alcib., 34. — Etymol. Magn., and Suid., s. v. 'hpa 'OjVit.)— 7. (Aristoph., Ran., 315, cSsc— Plut., Phocion, 28, and Valcken ad IIerod.,viii., 65.)— 8. (Compare Plut., Tlieniist.)— 9, fHesycli , s. v.)- 10. (Strab., ix., c. 2, p. 246, ed. Tanchnitz.— Sni- das, s. V. rcdiiipifwi'.- Hesych., s. v. Ttqivpiarai. — iElian, IT. A., ■v., 43.— Miiiler, Hist. Lit. of Greece, p. 132.)— 11. (Protrert., p. J8. od. Potter.)- 12. (Vtd.Miillei; His'. Lit.of Gr., p. 267, &c.) 39fi I was a kind of additional day for thnse who by some accident had come too late, or had been prevente(' from being initiated on the sixth day. It was saij to have been added to the original number of days when Asclepius, coming over from Epidaurus to be initiated, arrived too late, and the Athenians, not tu disappoint the god, added an eighth day.' The ninth and last day bore the name of v?i7i/iox6'!i,' from a peculiar kind of vessel called ■uA.TjfioxoTi, which is described as a small kind of /ior-Mcc. Two of these vessels were on this day filled With water or wine and the contents of the one thrown to the east, and those of the other to the west, while those who per- formed this rite uttered some mystical words. Besides the various rites and ceremonies ue scribed above, several others are mentioned, but it is not known to which day they belonged. Among them we shall mention only the Eleusinian games and contests, which Meursius assigns to the seventh day. They are mentioned by Gellius,' and are said to have been the most ancient in Greece. The prize of the victors consisted in ears of barley.' It was considered as one of the greatest profanations, of the Eleusinia if, during their celebration, an un- lio( came as a suppliant to the temple (the Eleu- sinion), and placed his olive-branch {Usriipia) in il;'. and whoever did so might be put to death without any trial, or had to pay a fine of one thousand drachmae. It may also be remarked, that at other festivals, no less than at the Eleusinia, no man, while celebrating the festival, could be seized or ar- rested for any offence.' Lycurgus made a law that any woman using a carriage in the procession ti> Eleusis should be fined one thousand drachmae.' The custom against which this law was directed seems to have been very common before.' The Eleusinian mysteries long survived the in- dependence of Greece. Attempts to suppress them were made by the Emperor Valentiniaii, but he met with strong opposition, and they seem to have con- tinued down to the time of the elder Theodosius. Respecting the secret doctrines which were reveal- ed in them to the initiated, nothing certain is known. The general belief of the ancients was that they opened to man a comforting prospect of a future state.' But this feature does not seem to have been originally connected with these mysteries, and was probably added to them at the period which followed the opening of a regular intercourse be- tween Greece and Egypt, when some of the specu- lative doctrines of the latter country and the East may have been introduced into the mysteries, and hallowed by the names of the venerable bards of the mythical age. This supposition would also account, in some measure, for the legend of their introduc- tion from Egypt. In modern times many attempt* have been made to discover the nature of the mys- teries revealed to the initiated, but the results have been as various and as fanciful as might be expect- ed. The most sober and probable view is that, ac- cording to which, " they were the remains of a wor ship which preceded the rise of the Hellenic my- thology and its attendant rites, grounded on a view of nature less fanciful, more earnest, and, belter fitted to awaken both philosophical thought and re- llgious feeling."" Respecting the Attic Eleusinia, see Meursius, Eleusinia, Lugd. Bat., 1619, — St Croix, Recherr.hes, Hist, ct Critiq. sur Us Myslerci du Paganitme (a second edition was published in 1817 by Sylvestre de Sacy, in 2 vols., Paris). — Ou- 1. (Philoatr., Vit. Apoll., iv., 6.— Pans., ii., 26, « 7.)— 2. (Pol- lux, Onoin., X., 74.— Athen., xi., p. 496.)— 3. (xv.,aO.)— 4. (Schol- ad Pind., Ol., ix., 150.) -5. (Andoc, De Mjsl., p £4.)— 6. (P» mosth., c. Meid., p. 571.)— 7. (Plut., De Cup Div., ix., p 348^— .(Elian, V. H., xiii.. 24.)— 8. (Demosth., c. Meld., p. 565.)— 9, (Find., Thren., p. 8, ed. Biickh.) — 10. (TkV1»-»ll, Hi»t. ol GreecJ" ').. p. 140, &c.) . JELLIMKNION ELMINS. warofT, 'Jssai sur les Mysleres d'Elmsis, 3d edition, Paris, 1816.— Wachsmuth, i/e«. Alter., ii., 2, p. 249, &c. — Creuzer, Symbol, u. Myihol., iv., p. 534, &c. Eleusinia were also celebrated in other parts of GreeJie At Epliesiis they had been introduced from Athens.' In Laconia they were, as far as we know, only celebrated by the inhabitants of the an- cient town of Helos, who, on certain days, carried a wooden statue of Persephone to the Eleusinion, in the heights of Taygetus ' Crete had likewise its Eleu.?inia.= ELEUTHER'IA {'ETicveipia, the feast of liberty), a festival which the Greeks, after the battle of Pla- taese (479 B.C.), instituted in honour of Zens Eleu- therios (the deliverer). It was intended not merely to be a token of their gratitude to the god to whom they believed themselves to be indebted for their victory over the barbarians, but also as a bond of union among themselves ; for in an assembly of all the Greeks, Aristides carried a decree that delegates (irpofouXot Koi iJeupoi) from all the Greek states should assemble every year at Platseae for the cele- bration of the Eleutheria. The town itself was at the same time declared sacred and inviolable, as long as its citizens offered the annual sacrifices which were then instituted on behalf of Greece. Every fiftli year these solemnities were celebrated with contests {ayuv tQv 'E?,ev6epiuv), in which the victors were rewarded with chaplets {uyiiv yv/ivc- iid{ dTEfaviTi.s^l. The annual solemnity at Platsae, which continiitd 'o be observed down to the time of Plutarch,' was this: On the sixieenth of the month of Maimacterion, a procession, led by a trum- peter, who blew the signal for battle, marched at daybreak through the middle of the town. It was foUdwed by wagons loiided with myrtle boughs and ehapleta, by a black bull, and by free youths, who carried the vessels containing the libations for the dead. No slave was permitted to minister on this occasion. At the end of this procession followed the archon of Plataese, who was not allowed at any other time during his office to touch a weapon, or to wear any other but white garments, now wear- ing a purple tunic, and with a sword in his hand, and also bearing an urn, kept for this solemnity in the public archive {ypa/iiia^MKiov). When the procession came to the place where the Greeks who had fallen at Plataeas were buried, the archon first washed and anointed the tombstones, and then led the bull to a pyre and sacrificed it, praying to Zeus and Hermes Chthonios, and inviting the brave men who had fallen in the defence of their country to take part in the banquet prepared for them. This account of Plutarch" agrees with that of Thucydi- des.'' The latter, however, expressly states that dresses formed a part of the ofFerings, which were probably consumed on the pyre with the victim. This part of the ceremony seems to have no longer existed in the days of Plutarch, who does not men- tion it ; and if so, the Platseans had probably been compelled by poverty to drop it." Eleutheria was also the name of a festival cele- brated in Samos, in honour of Eros.' ELIiIMEN'ION (ellt/ihiov) was a harbour duty It the Peirseus, which, according to a fragment of Eupolio," had to be paid by a passenger before he umbarked. This tax appears to have been the same ds the fiftieth, or two per cent., which was levied on all exports and imports ; since Pollux" speaks of the iUi/ieviarai, or collectors of the harbour duty, as I. (Strabo, xiv., p. 162, ed. Tauchnitz.)— 2. (Paus., iii., 20, ^ S, ftc.)— 3. IVii. Meurs., EleU3., c. 33.)— 4. (Sirabo, ix., p. 266, id. Tauchnitz.)— 5. (Aristid., 21.— Paus., ix., 2, t, 4.)— 6. (Avis- tid., 19 and 21.)— 7. (iii., 58.)— 8. (See Thirlwall's Hist, of Greece, ii., p. 353, &c. — BiSckh, Expl. Find., p. 208, and ad Corp. Inscrip., i., p. 904.)— 9. (Athen., xiii., p. 562.)— 10. (Pol- bw, Onom., ix., 30.)— 11. (Onom., viii., 32.) the same persons as the ■KevrriKoaTOAoyo , or Boflecl ors of the TrevTTjKnar^. {Vid. PentecosTe,) ELLO'TIA or HELLO'TIA ('EUui ^a or 'FA^m ria), a festival celebrated at Corinth ai honour ol Athena.' A festival of the same name was celebrated in Crete, in honour of Europa. The word ttXar/f, from which the festival derived its name, was, ac- cording to Seleucus,' a myrtle garland twenty yards in circumference, which was carried about in tlie procession at the festival of the EUotia.' ELLYCH'NIUM (iXMxviov : Attic, ^pvallk), a wick. Wicks were made of various substances : 1. Principally of tow, i. e., the coarser fibres of flax {Stupa*) ; 2. of the pith of the rush, '&pvov, whence the Attic term ^pva/iXii ;' .3. of the narrow woolly leaves of the mullein (^^o/iif, XvxviTii'), the use of which was analogous to the practice of the Span- iards, who now make wicks of the slender radical leaves of a similar plant, Phlomis Lychnitis, Linn. ;' 4. of Asbestos. The lamps which were lighted at the solemn fes- tival celebrated every year at Sa'is in Egypt, were small open vessels {i/i6ufia), filled with salt and oil. Into this the wick was immersed, and the flame burned all night upon the surface.' There can be no doubt that wicks were originally and very com- monly used in this manner. It was a great im- provement when the vessel containing the oil was covered, by which it was converted into a propei lamp. It was then necessary to make one or more round holes in the lamp, according to the numbei of the wicks burned in it ; and, as these holes were called, from an obvious analogy, pn/cr^pEf or /li^ai, literally, nostrils or nozzles,' the lamp was called di- fiv^oQ, Tpl/iv^o;, or TroW/itifof, in reference to the same distinction" {Polymyxos lucerna^^). In an epi- gram of Callimachus, a woman dedicates to Serapis a lamp with twenty nozzles {nKoai fii^aig irfjiiauyif "kvxvov). As we learn from .Aristophanes, thrifty persons used to chide those who wasted the oil either by using a wick which was thicker than necessary," or by pushing the wick forward so as to increase the flame." Moreover, in the latter of these passa- ges, the boy advances the wick by pushing it With his finger, as he might do when the oil was contain- ed in an open vessel. In a proper lamp it was drawn out by an instrument contrived for the purpose , " Et producit acu siupas humore carentes.'"* The bronze lamps found in ancient sepulchres, besides exhibiting all the varieties depending on the number of holes or nozzles, have sometimes attached to them by a chain the needle which served to trim the wick The fungus-shaped excrescences which form on the top of the wick (jj.vktitc;, fungi) were thought to indicate rain." *ELMINS or HELMINS (^/iwc or %(*?). " Standing alone, this term is applied to intestinal worms in general. The sTi/iiv; nXuTeia is the Ta- nia lata. Theophrastus" says it is congenital in some countries, as Egypt. The medical authors describe the Dracunculus, or Guinea Worm, which the Greeks call dpaKovnov, and the translators ol the Arabians Vena medinensis ."" Thus far Adams. "The v/ord Elmins," observes Griffith, "which is 1. (Schol. in Pind., 01., xii., 56.— Athen., xv., p. 6T8.— Ety raol. Mag., s. v. 'EAAwWf.)— 2. (ap. Athen., 1. c.)— 3. (Compare Hesych., and Etymol. Mag. s. v. 'EXXMr/o.) —4. (Plin., H. N., xii., 3.— Isa., xlii., 3 ; xliii., 17.)— 5. (Schol. in Aristoph., Nub., 59.)— 6. (Dioscor., iv., 104.— Plin., H. N., xit., 74.)— 7. {Oirtis, Bot. Mag., 999.)— 8. (Herod., ii., 62.)— 9. (Aristoph., Ecoles., 5.)— 10. (Pollux, Onuin., vi., 18 ; i., 26.— AtheniEus, xr., 57,61 ) —11. (Martial, xiv., 41.)— 12. (Nub., ('H.)— 13. (Tes >.• 249-25S.) —14. (Virg., Moret., 11.)— 15. (AristoTih., Vesp., 20i)-263.— Cai- lim., Frag., 47, p. 432, ed. Emesti.— Arat., Dios., 976.— AvieEi Aral., 393.)— 16. (H. P., ix., 22.)— 17. (Galen, De loo AIBk*- vi. — ^P. .^gin., iv., 69. — Adams, Append., s. v.) 397 EMANCIPATIO Ca^seiitly employed by Hippocrates in many of his works, and, among others, in his General Treatise on Diseases, was applied by him to those animals which are at present known under the denomination of intestinal worms, of which he was acquainted with but a small number of species. Aristotle has employer' it in the same manner, as well as jElianj every lune that he speaks of the substances which are used to rid dogs of the worms to which they aie subject. The Latin authors, and Pliny among ihe rest, have restricted the word lumbncus to the intestinal worms, and have rendered the three Greek denominations {okuXti^, evTiai, and eXjuv^) by a sin- gle one, that of Dcrmes, from which it has happened that the moderns have been led into the same con- fusion by the word toorms, which, as well as the French word vers, is evidently derived from the Latin.'" ♦ELOPS (ih>^), a species of harmless Serpent mentioned by Nicander. Belon says it is called La- vhiale in Lemnos.' *EL'YMUS (.avfioi), a species of Grain. The a- i,fios of Hippocrates is, according to Dierbach, the Panicum Italicum ; while that of Dioscorides is, ac- cording to Sprengel, the Panicum Milliaceum. Panic is a plant of the millet kind.^ EMANGIPA'TIO was an act by which the patria potestas was dissolved in the lifetime of the parent, and it was so called because it was in the form of a sale {manci-patio). By the laws of the Twelve Ta- Ues it was necessary that a son should be sold ihree times in order to be released from the pa- ternal power, or to be sui juris. In the case of daughters and grandchildren, one sale was suffi- nient. The father transferred the son by the form of a sale to another person, who manumitted him, »,)on which he returned into the power of the father. This was repeated, and with the like result. After a third sale, the paternal power was extinguished, bat the son was resold to the parent, v.-ho then man- umitted him, and so acquired the rights of a patron irer his emancipated son, which would otherwise have belonged to the purchaser who gave him his final manumission; The following clear and satisfactory view of emancipatio is given by a Geraian writer: "The patria potestas could not be dissolved immediately by manumissio, because the patria potestas must be viewed as an imperium, and not as a right of prop- erty, like the power of a master over his slave. Now it was a fundamental principle that the patria potestas was extinguished by exercising once or thrice (as the case might be) the right which the pater familias possessed of selling, or, rather, pledg- ing his child. Conformably to this fundamental principle, the release of a child from the patria po- testas was clothed with the form of a mancipatio, effected once or three tunes. The patria potestas was indeed thus dissolved, though the child was not yet free, but came into the condition of a nexus. Consequently, a manumissio was necessarily con- nected with the mancipatio, in order that the proper object of the emancipatio might be attained. This manumissio must take place once or thrice, accord- ing to circumstances. In the case when the man- umissio was not followed by a return into the patria potestas, the manumissio was attended with impor- tant consequences to the manumissor, which con- sequences ought to apply to the emancipating party. Accordingly, it was necessary to provide th^t the decisive manumission should be made by the eman- cipating party ; and for that reason, a remancipatio, J. (Griffith's Cuvier, vol. xiii., p. iiQ.) — 2. (Adams, Append., ■. V.)— 3. (Theophrast., H. P.,viii., 10.— Dioscor.,ii,, 120 Ad- ams, Append.,, s V.) 398 EMBATEIA. which preceded the final manumissio, was a pan n the form of emancipatio.'" The legal effect of emancipation was to dissolre all the rights of agnatic. The person emancipated became, or was capable of becoming, a pater famjl ias ; and all the previously existing relations of ag- natic between the parent's familia and the emanci pated child ceased at once. But a relation analo- gous to that of patron and freedman was formed between the person who gave the final emancipa. tion and the child, so that if the child died without children or legal heirs, or if he required a tutor or curator, the rights which would have belonged' to the father if he had not emancipated the child, were secured to him as a kind of patronal right; in case he had taken the precaution to secure to himsell the final manumission of the child. Accordingly, the father would always stipulate for a remancipa- tio from the purchase; ■ Uiis stipulation was the pactum fiducias. The emancipated child could not take any pan of his parent's property as heres, in case the parent died intestate. This rigour of the civil law (fma iniquitates") was modified by the prsetor's edict, which placed emancipated children, and those whn were in the parent's power at the time of his death, on the same footing as to succeeding to the intes- tate parent's property. The Emperor Anastasius introduced the practice of effecting emancipation by an imperial rescript.' Justinian enacted that emancipation should be el- fected before a magistrate ; and by an edict {ex edit, to prietoris), the parent had still the same righta ti the property (bona) of the emancipated person that a patron had to the bona of his freedman. But hu still allowed, what was probably the old law, a fa- ther to emancipate a grandson without emancipa- ting the son, and to emancipate the son without emancipating the grandson, or to emancipate thein all. Justinian, also,* did not allow a parent to emancipate a child against his will, though it seeina that this might be done by the old law, and that the parent might so destroy all the son's rights of agna- tion. The Emperor Anastasius allowed an emancipa- ted child (under certain restrictions) to succeed to the property of an intestate brother or sister, which the praetor had not allowed ; and Justinian put an emancipated child in all respects on the same foot- ing as one not emancipated, with respect to saoh succession. An emancipatio effected a capitis diminutio, w consequence of the servile character (servilis causi. i into which the child was brought by such act,' • EMANSOR. (Kid. Deseetoe.) EiMBAS i,£/iSa.Q), a shoe worn by men," which is frequently mentioned by Aristophanes' and oth>'r Greek writers. This appears to have been the most common kind of shoe worn at Athens (wre/lef fc- irjiia^). Pollux' says that it was invented by t"f Thracians, and that it was like the low cotlmfliu*. The ifi6u; was also worn by the Boeotians,' " auJ probably in other parts of Greece." EMBATEIA (£^6ar«'a). In Attic law this wor . (like the corresponding English one, entry) was user, to denote a formal taking possession of real prop- erty. Thus, when a son entered upon the land left him by his father, he was said k/iSareveiv, or jSorfif- 1. (Uuterholznor, Zeitsohrift, ii., 139: "Von den femenUei Manumissio per Vindictam und der Emancipatio.")— 2. (GaluS; iii., 25.)— 3. (Cod. viii., tit. 49, « 6.)— 4. (Nov., 89, c. 11.)-* (Gaius, i., 132, lie offenJer, condemned to pay to the treasury t sum equal to the damages, or to the value of the property recovered in the first action. While this remained unpaid (and we may presume it could not be paid without also satisfying the party), he becanr-.c, as a state debtor, subject to the disabilities of artfi'K. ' EMBLE'MA (ififknlia, Ifiitaic/ia), an inlaid orn t ment. The art of inlaying (^ rix^ri enTausTiK?,' ] was employed in producing beautii i\ works of two descriptions, viz. : 1st, Those whir. Ii resembled our marquet/y, ooule, and Florentine mc sales ; and, 8Jly, those in which crusts (erusta), exquisitely wrought in bas-relief, and of precious materials, were fasten- ed upon the surface of vessels or other pieces of fur- niture. To productions of the former class we may refer all attempts to adorn the walls and floors of houses with the figures of flowers and animals, or with any other devices expressed upon a common ground by the insertion of variously-coloured woods or mar- bles, all of which were polished so as to be brought to a p^ain surface. To such mosaics Lucilius al- ludes' when he compares the well-connected words of a skilful orator to the small pieces {tesserulm) which compose the " emblema vermiculatum" of an ornamental pavement. In the time of Pliny, these decorations for the walls of apartments had become very fashionable.* Seneca makes mention of sil- ver inlaid with gold among the luxuries of his day.' {Vii. Chevsendeta.) To the latter class of productions belonged the cups and plates which Verres obtained by violence from the Sicilians, and from which he removed th^ emblems for the purpose of having tnem sec m gold instead of silver.' These must have been riveted with nails, or in some other way. They were reck- oned exceedingly valuable as works of first-rate art- ists, and some of them were, moreover, esteemed sacred, being the figures of the penates and house- hold gods of the proprietors. Athenaeus, in descri • bing two Corinthian vases,' distinguishes between the emblems in bas-relief (TpoirrwTra) which adorned the body and neck of each vessel, and the figures in high relief (nspKfiavJi Teropvev/iEva .fdia) which were placed upon its brim. An artist, whose business it was to make works ornamented with emblems, was called " crustarius."' EME'RITI was the name given to those Roman soldiers who had served out their time, and had ex- emption (vacatio) from military service. The usual time of service was twenty years for the legionary soldiers, and sixteen for the prastorians.' At the end of their period of service they received a boun- ty or reward, either in lands or money, or in hotli. Dion Cassius'" states that it was arranged by Au- gustus that a praetorian should receive 5000 drach- mae (20,000 sesterces), and a legionary 3000 (13,000 sesterces). Caligula reduced the bounty of the lat- ter to 6000 sesterces."" We find this bounty called justiB militia commoda," commoda missiorium," and also emeritum.^^ EME'RITUM. (Vid. Emeriti.) EMISSA'RIUM, an artificial channel formed to carry off any, stagnant body of water (unde aqua emittilur), like the sluices in modern use." Some works of this kind are among the most re- markable efforts of Roman ingenuity. Remains still exist to show that the lakes 'Trasimene, Albano, 1. (Meier, Att. ProR., Ji. 372. 460, 748.)~2. (Atheiwsm, li., 76, p. 488.)— 3. (ap. Cic, De Oiat., iii., 43.)— 4. (H. N., xxn , 1.)— 5. (Epist., 5.1— 6. (Cii:., II. Verr., iv., 17, 28-24.)— 7. (t., 30, p. 199.)— 8. (Pliii., ir. N., xxxiii., 12.)— 9. (Dion CasB., 1» 23.— Tacit., Anil., i., 78.)- 10. (1. c.)— II. (Suet., Oal., 44.)— 12. (Suet., Vilell., 15.)— 13. (Suet., Cal., 44.)— 14. (Dig. 4», tit 16, s. 3, ^ 8, 12 ; s. 5, ^ 7. — Yid. Lipsiug, Ekcutsus a!d Tacit^ Ann., i., 17 )— 15. (Plin., H. N., ixriii., 21.— Oic. ad Fam., xii.. 18.) R99 EMISSARIUM. EMPHYTEUSIS. Nemi, and Fuciiio were all drained by means of cmissiiria, the last of which is still nearly perfect, and open to inspection, having been partially clear- ed by the present King of Naples. Julius Cassar is said to have first conceived the idea of this stupen- dous undertaking,' which was carried into effect by the Emperor Claudius.' The Ibllowing account of the works, from obser- vations on the spot, will give some idea of their ex- lent and difficulties. The circumference of the lake, including tlie bays and promontories, is about thirty miles in extent. The length of the emissary, which lies nearly in a direct line from the lake to the Riv- er Liris (Garigliano), is something more than three miles. The number of workmen employed was 30,000, and the time occupied in the work eleven years.^ For more than a mile the tunnel is carried under a mountain, of which the highest part is 1000 feet above the level of the lake, and through a stra- tum of rocky formation (carnelian) so hard that ev- ery inch required to be worked by the chisel. The remaining portion runs through a softer soil, not much below the level of the earth, and is vaulted in brick. Perpendicular openings (putei) are sunk at various distances into the tunnel, through which the excavations were partly discharged ; and a num- bei of lateral shafts {cuniculi), some of which sep- arate themselves into two branches, one above the other, are likewise directed into it, the lowest at an elevation of five feet from the bottom. Through tliese the materials excavated were also carried on;. Their object was to enable the prodigious mi'Uitude of 30,000 men to carry on their opera- tio'/s at the same time without incommoding one anp'.her. The immediate mouth of the tunnel is somo distance from the present margin of the lake, whicti space is occupied by two ample reservoirs, intended to break the rush of water before it enter- C.1 the emissary, connected by a narrow passage, in whinh v,'ere placed the sluices {epislomium). The :Tiouth of the tunnel itself consists of a splendid n.jhway of the Doric order, nineteen feet high and trine wide, formed out of large blocks of stone, re- sembling in construction the works of the Claudian aquaeduct. That through which the waters dis- charged themselves into the Liris was more simpK and is represented in the preceding woodcut. Xhs river lies in a ravine between the arch and lure- ground, at a depth of 60 feet below, and, consts- quently, cannot be seen in the cut. The small aperture above the embouchure is one of the cuni- culi above mentioned. It appears that the actual drainage was relin- quished soon after the death of Claudius, citlM from the perversity of Nero, as the words of Pliny' seem to imply, or by neglect ; for it was reopened by Hadrian.' EMMHNOI AIKAI {l/i/tr/voi, SUai) were suiti which were not allowed to be pending above a month. This regulation was not introduced till af- ter the dateof Xenophon's treatise on the revenue, in which it was proposed that a more rapid prog- ress should be allowed to commercial suits,' and i\ appears to have been first established in the time of Philip.* It was confined to those subjects whicli required a speedy decision ; and of these the most important were disputes respecting commerce (e;*- iropiKoi diKai'), which were heard during the slj winter months from Boedromion to Munychion, so that the merchants might quickly obtain their rights and sail away ;° by which we are not to understand, as some have done, that a suit could bo protracted through this whole time, but it was necessary that it should be decided within a month.' All causes relating to mines (/leTaMiKul Siitat) were also lu/irivoi SUai ;' the object, as Bockh re- marks,' being, no doubt, that tlie mine proprietor might not be detained too long from his business. The same was the case with causes relating to ijia- voi^" (vid. Eranoi) ; and Pollux" includes in tha list suits respecting dowry, which are omitted by Harpocration and Suidas. *EMP'ETRUM (l/inerpov), a plant, about which botanic«l writers are still undecided. Stephens and Hardouin call it Perce-pierre ; but if by it they mean the Akhemilla aroensis of Hooker, which is often called Perce-pierre, or Parsley-breakstone, its char- acters, according to Adams, are by no means suita- ble to the Ifiirerpov of Dioscorides. The conjecture of Cassalpinus, which Sprengel adopts, namely, that it was a species of Salsola, is, according to the same writer, much more probable. Fee, however, de- clares against this opinion without giving any one in its place. Pliny says of it, " Empetros, guam nostri caldfragam vacant," &.C., identifying it witb the Catcifraga." EMPHROU'ROI (Ififpovpot), from (jipovpd, was the name given to the Spartan citizens d'lring the period in which they were liable to military service." This period lasted to the fortieth year from man- hood (af ijtiK), that is to_^ay, to the sixtieth year from birth ; and during this time a man could not go out of the country without permission from the authorities." EMPHYTEUSIS {IftijniTevai;, literally, an " in- planting") is a perpetual right in a piece of land that is the property of another : the right consists in the legal power to cultivate it, and treat it as our own, on condition of cultivating it properly, and paying a fixed sum {canon, pensio, reditus) to the owner {dominus) at fixed times. The right is found- ed on contract between the owner and the lessee t. (Snet., Jul., 44.)— 2. (Tacit.. Ann., lii., 5T.)— 3. (Suet., i^lmi., 20.— Comparo Plin., II. N., isjivj., 84, l) II.) 4(10 1 (H. N., xxxvi., 24, « 11.)— 2. (Spart., Hadr., 22.)-3. 'Xen, De Vect., 3.)— 4. (Or. de Halonn., p. 70, 23.) — 6 (PoUui, Onom., viii., 63, 101. — Harpocrat. and Suld., a. v. "KiiUiivai Ai- mil.)- C. (Demosth., c. Apat., p. 900, 3.)— 7. (Bitckh, Pobl Econ. of Athens, i., p. 70.)— 8. (Demosth., c. Pantien., 966, 17.) —9. (" On the Silver Minos of Laurion," Publ. Econ. of Athem, ii., p. 481.)— 10. (Pollux, Onom., viii., 101.— Harpocrat. oni) Said., 1. c.)— 11. (1. c.)— 12. (Dioscor., iv., 178.— Plin., H. N., xjcvii., 9. — Adama, Append., s. v.) — 13. (Xen., Rep. Lac, v., 7.) — 14. (Isocr., Busir., p. 225, where udvilios, according to Mtilla I)or., iii., 12, ^ 1, is evidently put for eudipovpos.) JtMPllllCI. KMPIRICI ■jmphyleuta, and the Jand is called agcr vectigalis or emphytealiearius. It was long doubted whether this was a contract of buying and selling, or of let- ting and hiring, till the Emperor Zeno gave it a definite character, and the distinctive name of con- tractus emphyteuticarius. The Ager Vectigalis is first distinctly mentioned about the time of Hadrian, and the term is applied to lands wliich were leased by the Roman state, by towns, by ecclesiastical corporations, and by the vestal virgins. In the Digest mention only is made of lands of tow'ns so let, with a distinction of them into agri vectigales and non vectigales, according as the lease was perpetual or not ; but in either casa the le?isee had a real action {uLilis in rem actio) for the protection of his rights, even against the owner. Thfi term Emphyteusis first occurs in the Digest. The Prsedia Emphyteutica are also frequently men- tioned in the Theodosian and Justinian Codes, but they are distinguished from the agri vectigales. Justinian, however, put the emphyteusis and the ager vectigalis on the same footing; and in the case of an emphyteusis (whether the lessor was a com- munity or an individual), the law was declared to be the same as in the case of leases of town property. This emphyteusis was not ownership : it was a jus in re only, and the lessee is constantly distinguished from the owner (dominus). Yet the occupier of the ager vectigalis and the emphyteuta had a juristical poasessio ; a kind of inconsistency, which is ex- plained by Savigny, by showing that the ager vecti- galis was formed on the analogy of the ager publi- eus, and though there were many differences be- tween them, there was nothing inconsistent in the notion of possession, as applied to the pubhc land, being transferred to the ager vectigalis as a modified form of the ager publicus. Though the emphyteuta had not the ownefship »f the land, he had an almost unlimited right to the er.jojTnenl of it, unless there were special agree- ments limiting his right. He could sell his interest in the land after giving notice to the owner, who had the power of choosing whether he would buy the land at the price which the purchaser was will- ing to give. But the lessee could not sell his inter- est to a person who was unable to maintain the property in good condition. The lessee was bound to pay all the public charges and burdens which might fall on the land, to improve the property, or, at least, not to deteriorate it, and to pay the rent regularly. In case of the lessee's interest being transferred to another, a fiftieth part of the price, or of the value of the property, when the nature of the transfer did not require a price to be fixed, was pay- able to the owner on the admission of the emphy- teuta, and which, as a general rule, was payable by him. The he.redes of the emphyteuta were not lia- ble to such payment. The origin of the Emphyteusis, as already stated, was by contract with the owner and by tradition ; or the owner might make an emphyteusis by his last will. It might also, perhaps, in certain cases, be founded on prescription. The right of the emphyteuta might cease in sev- eral ways : by surrender to the dominus, or by dy- ing' witliout heirs, in which case the emphyteusis reverted to the owner. He might also lose his right l)j injuring the property, by non-payment of his rent or the public burdens to which the land was liable, by alienation without notice to the dominus, &c. In Kiioh cases the dominus could take legal measures for recovering the possession.' EMPrRICI {'EfiTceipiKoi), an ancient medical sect, , 1. (Dig. 6, tit. 3. — Cod. 4, lit. 66. — Miihlenta-uch, Doctrina pindectarum. — Savigny, Das B.Rcht den Bp^rtzes, (i. 99. Ac, p. '«0 — Mac-keldev, Lehibuch, dec.) Kf.'e SO called from tie word l/nreipia because they pr b feased ta- pion, who is said by Celsus' to have been thcii founder, ApoUonius,* Glaucias,' Heraclides of Ta- rentum,' Bacchius of Tanagra, Zeuxis,' Menodotns of Nicomedia,' Theodas or Theudas of Laodicea,' Sextus," Dionysius," Crito," Herodotus of Tarsus, Saturninus," Callicles, Diodorus, Lycu.3," .lEschri- on," Philippus, Marcellus, and Plinius Valerianus. 1. (FutToye's translation.)— 2. (Galen, De Subfigur. Empir., cap. 13, p. 68,)— 3 (De Medic, in Prsfat.)— 4. (Ibid.)— 5. (lliW ) 6. (Ibid.) — 7. {Galen, " Comment, jn Aphor. Ilippocr., torn iii., p. 187, ed Kahn;)— 8. (Diog. Laert., ix., 12, sect. 7, 1 118.)-9. (Ibid.)— 10. (Ibid.)— II. (Galea, De Medicam., mo. locos, v., 7.)— 12. (Id., De Subfigur. Empir.)— 13. (Dioe. U en,. 1. o.)— 14. (Galen, De Metli. Med., ii., 7, p. 142.'— 15. I' Dfi Sinipl. Medicam. Facult., xi., 04. p. 356.) EMTIO ET i^ENDITIO ENDEIXIS. With respect to Baceli' is, however, it should be mentioned, that Kiihn' considers tlie passage in Galen, which seems to class him among the Empir- Ici, to be corrupt. None of these have left any works behind them except Sextus, Marcellus, and Plinius Valerianus, a few of whose writings are still extant. The sect existed a long time, as Mar- cellus lived in the fourth century A.D. ; it appears also to have maintained its reputation as long as its members remained true to their original principles ; end' it was only when they began to substitute ig- norant and indiscriminate experiments for rational and philosophical observation that the word Empiric sank into a term of reproach. A parallel has been drawn between the worst part of the system of the ancient Empirici and the modern Homceopathists by Franc. Ferd. Brisken, in an inaugural dissertation entitled " Philinus et Hahnemannus, seu Veteris Sectse Empiricae cum Hodierna Secta Homoeopa- thica Comparatio," 8vo, Berol, 1834, p. 36. ♦EMPIS {e/iTrls), a species of insect, often con- founded with the KuviMJj, or Gnat. Schneider thinks the term is more properly applicable to certain spe- cies of Tipula. " The Tipula culiciformis" observes Adams, " is very like the gnat ; it would, then, ap- pear to correspond to the kimig of the Greeks."" EMPOKICAI DICAI (efiTTopiKal SUai). {Vid. Emporium.) EMPO'RIUM {to ifiTTopiov), a place for wholesale trade in commodities carried by sea. The name is sometimes applied to a seaport town, but it prop- erly signifies only a particular place in such a town. Thus Amphitryo says that he had looked for a per- son, " Apud emporium, atque in macello, in palastra atque in foro, In medicinis, in tonstrinis, apud omnis ecdis sa- cras.'" Tlie word is derived from ifinopoc, which signifies in Homer a person who sails as a passenger in a 8hip belonging to another person;* but in later ■writers it signifies the merchant or wholesale deal- er, and differs from KavrnloQ, the retail dealer, in that it is applied to the merchant who carries on commerce with foreign countries, while the xoTri/- ^of purchases his goods from the Ifi-Tzopo;, and retails them in the market-place (7 ov nair^^ov^ Kokov^sv Tovg TTpb^ uvTJv re ical irpaaiv dtaKOvovvrag, idpvfiE- vov( ev u,yopf, roiig 6e ijrlaviJTas km rdf noXeic i/iTTO- pov('). At Athens, it is,said^ that there were two kinds of eraporia, one for foreigners and the other for natives ( fEWKov and iiarmov), but this appears doubtful.' The emporium at Athens was under the inspection of certain officers, who were elected annually {iizijieXrirai rov k/mopiov). {Vid. Epime- LET^.) EMTI ET VENDITI ACTIO.. The seller has an actio venditi, and the buyer has an actio emti, upon the contract of sale and purchase. Both of them are actiones directae, and their object is to obtain the fulfilment of the obligations resulting from the contract. E;MTI0 et VENDI'TIO. The contract of buy- mg'and selling consists in the buyer agreeing to jT.ve a certain sum of money to the seller, and the seller agreeing to give to the buyer some certain tiling for his money. After the agreement is made, the buyer is bound to pay his money, even if the tiling which is the object of purchase shouIdJ)e ac- 1. (Add'.ttli. ad Elench. Medicor. Veter. a Jo. A. Fabricio, in 'Wol. GriEi., xiii., Exhibitum, 4to, Lips., I82e.)-2. (Aristot., H. a.,v., 17.— Adams, Append., s. v.)— 3. (Plant., Aniph., IV., i., 4. — Compare Lir , xxxv., 10 ; xli., 27.) — 4. (Od-, ii., 319 ; xxiv., 300.)— 5. (Plato, De Rep., ii., 12, p. 371.)— 0. (Lex. Sec., p. W8.)— 7. (CSckh, PuM. fecon. nf Athens, ii., p. 2+.) cidentally destroyed before it is delivered ; and the seller must deliver the thing with all its intermedi- ate increase. The seller mi st also warrant a |ood title to the purchase {vid. Evictio), and he must also warrant that the thing has no concealed de- fects, and that it has all the good qualities which he (the seller) attributes to it. It was with a view to check frauds in sales, and especially in the sales of slaves, that the seller was obliged, by the edict of the curule sediles {vid. Edictum), to inform the buyer of the defects of any slave offered for sale : " Qui mancipia vendunt, certiores faciant emtores quod morbi mtiique," &c.' In reference to this part of the law, in addition to the usual action ari- sing from the contract, the buyer had against the seller, according to the circumstances, an actio ex stipulatu, redhibitoria, and quanti minoris. Horace, in his Satires," and in the beginning of the second epistle of the second book, alludes to the precau- tions to be taken by the buyer and seller of a slavn ENCAUSTICA. (Firf. Pictuea.) ENCLETWA (syK^/ia). ( Vid. Dice, p. 358.) ENCTE'MA {lyKTiifia). { Vid. Enotesis.) ENCTE'SIS {iyKrijats) was the right of possess- ing landed property and houses {iynrriaLg yijg kcu o'lKiac) in a foreign country, which was frequently granted by one Greek state to another, or to separ- ate individuals of another state." 'Eyxrfifiara were such possessions in a foreign country, and are op- posed by Demosthenes* to Krrj/tara, possessions in one's own country." The term eyKr^/xara was also applied to the landed property or houses which an Athenian possessed in a different dij/io; from that to which he belonged by birth, and, with respect to such property, he was called lyxexTJiuevog : whence we find Demosthenes' speaking of oi Srjudrai'icai ol ey/cefcrrifievoi. For the right of holding property in a Sij/io^ to which he did not belong, he had to pay such d^/iog a tax, which is mentioned in inscriplions under the name of eyKnirtKov.'' ENGTE'TIKON {tyKr^riKov). {Vid. Enotesis.) ENDEIXIS {hSet^if) properly denotes a prose- cution instituted against such persons as were al- leged to have exercised rights or held offices while labouring under a peculiar disqualification. Among these are to be reckoned state debtors, who, during their liability, sat in court as dicasts, or took any other part in public life ; exiles, who had returned clandestinely to Athens ; those that visited holy places after a conviction for impiety {amSeta) ; and all such as, having incurred a partial disfranchise- ment {arifiia Kara, trpoara^tv), presumed to exercise their forbidden functions as before their condemna- tion. Besides these, however, the same form of action was available against the chairman of the proedri {kmararric:), who wrongly refused to take the votes of the people in the assembly ;' against mal- efactors, especially murderers (which Schbmann thinks was probably the course pursued when the time for an apogoge had been suffered to elapse), traitors, ambassadors accused of malversation,' and persons who furnished supplies to the enemy during war.'" The first step taken by the prosecu- tor was to lay his information in writing, also called fotSetftc before the proper magistrate, who might b« the archon or king archon, or one of the thesinotho- tas, according to the subject-matter of the informa- tion ; but in the case of a malefactor {Kaxovpyos) being the accused person, the Eleven were the officers applied to. {Vid. Eleven, The.) It then became the duty of the magistrate to arrest or hold 1. {Big. 21, tit. 1.)— 2. (ii., 3, 286.)— 3. (Demostli., De Cor, p. 265, 7. — BSckh, Corp. Inscript., i., p. 725.)— 4. (De Halonn. p. 87, 7.)— 5. (Valcken. ad Herod., v., 23.)— 6. (c. Polycl., p 1208, 27.)— 7. (Biickh, Publ. Econ. of Athens, ii., p. 3.)— B (Plato, Apol., p. 32, a.)— 9. (Isocrat., c. Callira., 11.)— 10. (Ari* toph., Equit., 278.— Andoc, De Reditu., 62.) 4nn KNGYE. ENOIKIOU DIKE. to Uiil tt u person criminated, and take the usuii.l steps for bringing him to trial. There is great ob- scurity as to the result of condemnation in a prose- cution of this kind. Heraldus' ridicules the idea that it was invariably a capital punishment, The accuser, if unsuccessful, was responsible for bringing a malicious charge {ipsvSdvt Mei^euc iiztudmot^). E'NDROMIS (svdpoiik), a thick, coarse blanket, manufactured in Gaul, and called " endromis" be- cause these who had been exercising in the stadium ih> Spoim) threw it over them to obviate the effects of sudden exposure when they were heated. Not- withstanding its coarse and shaggy appearance, it was worn on other occasiohs as a protection from the cold by rich and fashionable persons at Rome.^ Ladies also put on an endromis of a finer descrip- tion {endromidas Tyrias*) when they partook, as they sometimes did, of the exercises of the palass- tra. Moreover, boots (uirf. Cothurnus) were called cvSpoiiiSe; on account of the use of them in running.' EN'DYMA (?vdii/ia). (7j(i. Amictus.) ENECH'YRA (ivtxvpa). In private suits at Athens, whether tried by a court of law or before an arbitrator, whenever judgment was given against a defendant, a certain period was at the same time fixed (J) TvpoBsa/iia), before the expiration of which it was incumbent upon him to comply with the verdict. In default of doing so he became mepfi- uepog, or over the day, as it was called, and the plaintiff was privileged to seize upon {aipaa6ai) his goods and chattels as a security or compensation for non-compliance ° The property thus taken was called hexvpa, and slaves were generally seized before anything else.' This " taking in execution" was usually left to the party who gained the suit, and who, if he met with resistance in making a seizure, had his remedy in a diKij i^ovXris ; if with personal violence, in a SIkti aiKiag,' On one occa- sion, indeed, we read of a public officer (jnrripiTriQ Ttapa T?i( apxK) being taken to assist in, or, perhaps, to be a witness of a seizure ; but this was in a case where public interests were concerned, and conse- quent upon a decision of the ISovli;.' The same ■oration gives an amusing account of what English- men would consider a case of "assault and tres- pass," committed by some plaintiffs in a defendant's house, though the amount of damages which had been given (^ KaTadUv) was, according to agree- ment, lying at the bank {km ry TpaveC,i}), and there' awaiting their receipt. It seems probable, though we are not aware of its being expressly so stated, that, goods thus seized were puldicly sold, and that the party from whom they were taken could sue his opponent, perhaps by •a Ukti jifMirif, for any surplus which might remain after all legal demands were satisfied. No seizure of this sort could take place during several of the religious festivals of the Athenians, such as the ■Uionysia, the Lenaea, &c. They were, in fact, dies non in Athenian law.'" ENG'YE {tyyyii), bail or sureties, were in very ■frequent requisition, both in the private and public affairs of the Athenians. Private agreements, as, for instancCj to abide by the decision of arbitrators," or that the evidence resulting from the application of torture to a slave should be conclusive," were corroborated by the parties reciprocally giving each 1 1, (Animadv. in Salm., IV., ix., 10.)— 2. (Herald., IV., ix., 13. — VW. ^chOraaiin, De Com., 175— Att. Pruc, 239.)— 3. (Juy., ill., 103.— Mart., iv., 19; liv., 126.)— 4. {Juv., vi., 246.)— 5. 'Callim., Hymn, in Dian., 16.— In Delum, 238.— Pi.llui, Onom., ji., 155 ; vii., 93.— Brunok, Anal., iii., 206.)— 6. (Demostli., c. Meid.,.540, 2I.^Xnp., ad loo.— ViiJ. Aristoph., Nubes, 35.)— 7. (Athen., xiii., 612, c.)—8. (Demosth., o. Euorg., 1163.)— 9. (Id., c. Eaerg., 1149.)— f. (Demosth., c. Meid., 518.— Hudt-valcker, Diiet., p. 132.)— 11, (Demosth., c. Apatur., 892-S99.)— 12. (De- mosth., c. Pantain., 978, II 1 401 Other sureties ; and the same took place gEneranj in all money-lending or mercantile transactions, and was invariably necessary when persons under- took to farm tolls, taxes, or other public property. In judicial matters, bail or sureties wore provided upon two occasions: first, when jt was requisite that it should be guarantied that the ace used should be forthcoming at the trial; and, secondly, Mhei security was demanded for the satisfaction of ihe award of the court. In the first case, bail was verj generally required when the accused was olhet than an Athenian citizen, whether the actipii -were public or private ; but if of that privdeged clasf, upon no other occasion except when proceedid against by way of Apagoge, Endeixis, Ephegesis,oi Eisangelia. Upon the last-mentioned form being adoptee' in a case of high treason, bail was not ac- cepted. "I he technical word for requiring bail of an accused person is Kareyyv^v, that for becoming surety in such case, e^eyyvdadai. Surety of the other kind was demanded at the beginning of a suit upon two occasions only : first, when a citizen -as- serted the freedom of a person detained in slavery by another ; and, secondly, when a , litigant, vvho had suffered judgment to go by default before the arbitrator (dtaiTrjTTii), had recommenced his action within the given time {/it; ovaa S'ikti). After the judgment, security of this kind was required in all mercantile and some other private causes ; and state debtors, who had been sentenced to remain ig prison till they had acquitted themselves of their liabilities, were, by a law of Timocrates,' allowed to go at large if they could provide three sureties that the money should be paid within a limiteil pe- riod. If the principal in a contract made default, the surety was bound to make it gooJ, or, if he re- fused to do so, might be attacked by an iyyiti^ikii, if such action were brought within a twelvemontli after the obligation was undertaken.' If, however, a person accused in a public action by one of the forms above mentioned failed to appear to take his trial, his bail became liable to any punishment that such person had incurred by contempt of court; and, consistently with this, it appears, from a pas- sage in Xenophon,' that the law allowed the bail to secure the person of the accused by private con- finement.* ErrTHS AIKH. (Vid. Engte.) *EN'HYDRUS {hvSpog), in all probability the Otter, or Lulra- vulgaris. "Schneider makes the hvSpi^ of Aristotle to be the same. Schneider and Gesner agree that the Aaraf of the same Greek writer mUst have been the same as the Ivvdpog, al- though he wishes to distinguish them from one an- other."' That the Mustela Lutra is the hivSpi^Zf- pears evident from the Mosaic of Praeneste, accord- ing to Sibthorp. One of the Romaic names of the Otter, ^LSpa, is very similar to the Polish Wyira.' ENOI'KIOT AIKH (^hvoMov (Ski/). ATI action brought (like our trespass for mesne profits iSssi successful action of ejectment) to recover the rents withheld from the owner during the period of his being kept out of possession. If the property re- covered were not a house, but land (in the more confined sense of the word), the action for rents and profits was called napTzov Hkti. It seems, from the language of the grammarians, that these actions could be brought to try the title to the estate, as well as for the above-mentioned purpose. Perhaps both the tenement and the intermediate profits mighfcbe recovered by one suit, but the proceeding would be more hazardous, because a failure in one 1. (Demosth., c. Timocr., 712-7I6.)--2. (DemOBth.,:C. Apa' tur., 901, 10.)— 3. (IIol., i., 7,^ 39.)~4. (Meier, Att. FrocoM 515.)— 5. (Aristot., H. A., viii., 7. — Adams, Append., s. v.)—* (Walpole's Memoirs, vol. i , n. 207.1 ENTASIS. EPARITOI. part of tie demand would involve the loss nf the whole causu. Thus the title of a party to the land Itself might have expired, as, for instance, where he held under a lease for a term ; yet he would be en- titled to recover certain by-gone profits from one who had dispossessed him. Therefore it is not im- probable that the Sixai. Iv. and Kap. might, in prac- tice, be confined to those cases where the rents and profits only were the subject of claim. We are told that if the defendant, after a judgment in one of these actions, still refused to give satisfaction, an oiT.'iJj di'/cf? might be commenced against him, of which the effect was, that the plaintiff obtained a right to indemnify himself out of the whole property cif the defendant. Schomann observes that this was a circuitous proceeding, when the plaintiff niight take immediate steps to execution by means of entry and ejectment. His conjecture, however, i.hat the oiaiag SIkt) was in ancient times an impor- tant advantage, when real property could not in the first instance be taken in execution, is probably not far from the truth, and is supported by analogy »o the laws of other nations, which, being (in the in- fancy of civilization) framed by the landowners only, hear marks of a watchful jealousy of any en- croachment upon their rights. He remarks, also, that the giving to the party the choice between a milder and a more stringent remedy, accords with the general tenour and spirit of the Athenian laws. We may add that our own law furnishes an illus- tration of this, viz., where a plaintiff has obtained a judgment, he has the option of proceeding at once to execution, or bringing an action on the judg- ment ; though with us the latter measure is consid- ered the more vexatious, as it increases the costs, and is rendered less necessary by the facility with Which executions can be levied. At Athens the ifoii/lijf Hkti, as it was the ultimate and most effica- cious remedj-, drew with it also more penal conse- quencefs, as explained under Eme.iteia.' ENOMOTIA. {Vid. Army, Gkeek, p. 98, 100.) ENSIS. (iVid. Gladius.) EN'TASIS (iuroffif). The most ancient col- umns now existing are remarkable for the extreme diminution of the shad between its lower and upper txtremity, the sides of which, like those of 'an obe- Ur,k, converge immediately and regularly from the hase to the neck between two even lines ; a mode uf construction which la wantingin grace and ap- parent solidity. To correct this, a swelling line, .called entasis,'' was given to the shaft, which seems 1 (Meier, At Proc, 74S.)— 2. (Vitruv., iii., 2.) tu have been the first step towarJs combining graW and grandeur in the Doric column. The original form is represented by the figure on the left in the preceding woodcut, which is taken from the great temple at Posid6nia (Pajstum), which is one of the most ancient temples now remaining ; that on the right shows the entasis, and is iirom a building of rather later construction in the same city. Two other examples of the same style are still to be seen in Italy, one belonging to an ancient tetople at Alba Fucinensis,' and the other at Rom.e on the sepulchre of C. Publlcius.^ «EN'TOMA {Evrojia), INSECTA, INSECTS " Aristotle and Pliny used the terms hrofia and in- secta respectively In the same sense in which the latter is applied by Baron Cuvier and the naturalists of the present day, and did not include the Crusta- cea in this class of animals, as was done by Lin- nffius with singular want of judgment. The met- amorphosis of insects is coiTcctly described byThe- ophrastus, ck (tu/iiri/f yap ;tptiffa/l/lif, efr" kic ravrtig ^ iivxv- By KUfiTTTi is evidently meant here the Larva or Ervca, L., and by ;fptJ(7aW('f , the Clirysalis or Pupa, h. : the ijivxv Is the Imago, L.'" EPANGELTA (kvayy^a). If a citizen of Ath- ens had incurred (iTi/iia, the privilege of taking part or speaking in the public assembly was forfeited. (Vjrf. Atimia.) But as it sometimes might happen that a person, though not formally declared uri/iof, had committed such crimes as would, on accusa- tion, draw upoti him this punishment, it was, of course, desirable that such individuals, like real uTLftoi, should be excluded from the exercise of the rights of citizens. Whenever, therefore, such a person ventured to speak in the assembly, any Athenian citizen had the right to come forward in the assembly itself,* and demand of him to estab- lish his right to speak by a trial or examination of his conduct (^ioKi/iaain tov piov), and this demand, denouncement, or threat, was called sjiayyeXia, oi i-KayyeXta doKi/iaaiaf. The impeached individual was then compelled to desist from speaking, and to submit" to a scrutiny into his conduct,' and if he was convicted, a formal declaration of i,n/iia fol- lowed. Some writers have confounded the inayye?.ia with SoKi/iaata, and considered the two words as synonymes; but from the statements made above, it Is evident that the doKi/iaaia is the actual trial, while the inayycXla is only the threat to subject a man to the SoKi/taaia : hence the expression iirayyiUeiv doKi/iaalav.' Other writers, such as Harpocration and Suldas, do not sufficiently distinguish between mayyeUa and IvSet^ig : the latter is an accusation against persons who, though they had been declared un/j.01, nevertheless venture to assume the rights of citizens in the public assembly, whereas JTrayy- eXla applied only to those who had not yet been convicted of the crime laid to their charge, but were only threatened with an accusation for the first time.' Wachsmuth' seems to be inclined to con- sider the priTopLKTi ypaf^ to be connected or identi- cal with the e7rayye?ua ; but the former, according to the definitions of Photius and Suldas, was In real- ity quite a different thing, inasmuch as it was in- tended to prevent orators from saying or doing un- lawful things in the assembly where they had a right to come forward ; whereas the eirayytWia was a de^ nunciation, or a promise to prove that the oratw had no right at all to speak in the assembly. EP'ARITOI (kmipLToi), a ' select corps of Arca- 1. (Pirancsi, Magiiif. de' Rom., tav. 31, fig. 0.)— 2. (Ibid., ig ".)— 3. (Adams, Appeml., s. y.)— 4. (.ffischin., c. Tiraaich., p. 104.)~5. (Pollux, Ononi., fiii., 43. — Suidas, s. v. ntayyt\ia.y^ 6. (SchOmahn, Do (Jomit., p. 232, note 8, transl.)— 7. (Meinr, Att.Pror,., p. 210.— Sohomann,DeComit., p. 232, note 7,tr!aull —8. (Hellen. Alter' b.. i., 1, p. 294.) 40^ EPHEBUiS. liian iwups, who appear to have been held in high estimation hy their countrymen.' EPAU'LIA. {Vid. Markiage, Gheek.) EPEUNACTAl {k-KEvvanTai) were a ciass of cit- izens at Sparta, who are said to have been the off Bpring of slaves and the widows of Spartan citi- nens. Theopompus tells us" that in the Messenian war, in consequence of the great losses which Ihey sustained, the Spartans married the widows of those who were slain to Helots, and that these Helots were admitted to the citizenship under the name of iirsv- vaKTai. Diodorus' also calls the partisans of Pha- lanthus enevvaKTai. (Vid. Paktheniai.)' EPHEBE'UM. (Fid. Gymnasium.) EPHE'BUS (i^rj6o;) was the name of Athenian youths after they had attained the age of 18.' The state of k(j)T/6sia lasted for two years, till the young men had attained the age of 20, when they became men, and were admitted to share all the rights and duties of a citizen, for which the law did not prescribe a more advanced age. That the young men, when they became ItjtrjSoc, did not re- ceive all the privileges of full citizens, is admitted on all hands ; but from the assertion of Pollux and Harpocration, who state that their names were not entered in the lexiarchic registers until they had completed their 20th year, that is to say, until they had gone through the period of k7iBoi took na oath in the Temple of Artemis Aglauros,' by which they pledged themselves never to disgrace theii arms or to desert their comrades ; to iight to the last in the defence of their country, its altars and hearths ; to leave their country, n( t in a worse, but in a better state than they found it . to obey the magistrates and the laws ; to resist all attempts to subvert the institutions of Attica, and finally to re- spect the religion of their forefathers. This solem- nity took place towards the close of the year (iv ospxaipeaiati), and the festive season bore the name of £0^6ja.' The external distinction of the l^i/foi consisted in the x^c/J^vc and the mraaoc.^ During the two years of the i^i^Seia, which umy be considered as a kind of apprenticeship in arms, and in which the young men prepared themselves for the higher duties of full citizens, they were gen- erally sent into the country, under the name of tte pivroXof, to keep watch in the towns and fortresses, on the coast and frontier, and to perform other du ties which might be necessary for the protection of Attica." EPHEGE'SIS (i^^yi/otc) denotes the method ol proceeding against such criminals as were liable to be summarily arrested by a private citizen (sR Apagoge) when the prosecutor was unwilling to expose himself to personal risk in apprehending the offender.' Under these circumstances, he made an application to the proper magistrate, as, for instance, to one of the Eleven, if it were a case of burglary or robbery attended with murder,' and conducted him and his officers to the spot where the capture was to be effected. With respect to the forms and othei incidents of the ensuing trial, we have no ,nforma- tion ; in all probability they differed but little, if at all, from those of an apagoge.' *EPHE'MERON (kfijfiepnv), I. a plant, the same with the Colchicum autumnale, or Meadow Saffron. Such, at least, is the t^^/icpov of Theophrastus' " and Nicander." " Dioscorides" also gives it as one of the synonymes of his koXxikov. But in the follow- ing chapter he describes the properties of another iif7])iepoy, which it is more difficult to determine. Sprengel inclines to the Convallaria verticillata."" *ll. The Ephemera, L., or May-fly. " The name of Ephemera has been given to the insects so called, in consequence of the short duration of their lives, when they have acquired their final form. There are some of them which never see the sun ; they are born after he is set, and die before he reappears on the horizon.'"* EPHESTA CEipiata), a great panegyris of the lo- nians at Ephesus, the ancient capital of the loniana in Asia. It was held every year, and had, like all panegyreis, a twofold character, that of a bond of political union among the Greeks of the Ionian race, and that of a common worship of the Ephesian Ar- temis." The Ephesia continued to be held in tiie time of Thucydides and Strabo, and the former compares it" to the ancient panegyris of Delos {vid. Delia), where a great immher of the lonians a»- 1. (Aristot., ap. Ilarpocrat., s. V. AoKt;jrt(7/a.) — 2. (.ffischin.,c. Ctes., p. 75, ed. Steph.— Plato, Menex., p. 249, with StaUl)aum's note.) — 3. (Demosth., De Fals. l^eg., 438. — Pollux, Onom., viii., 106.) — 4. (Isieus, De ApoUod., c. 28. — Demosth., c. Luochar., y^ 1092.)— 5. (Hemstevhuis ad PoUuo., x., I(i4.)— 6. (Pollux, Oaom. viii., 106.— Photius, s. v. rispteoXoF.- Plato, De Leg., vi., 760, "■) —7. (Demosth., c. Andrut. . p. 601.)— 8. (Meier, Art.Proo.,p.7C.) —9. (Meier, Att.Proc, p. !46.)— 10. (U. P.,ix., 16.)— 11. (Alen., 250.)— 12. (iv. 84.)— 13. (Adams, Append., s. v.)— 14. (Griffith'! Cuvier, xv., p. 313.) — 15. (Diun>s. Hal.,Antlq, Rom., iv., p. 23^ ed. Sylburg;.- Strabn, xiv., 1, p. 174, eiq. It may, however, have existed ever since the time when Ephesus was the head of the Ionian colonies in Asia. EPH'ESIS. (7a. Appellatio, Greek.) EPHESTRIS (i^earpli) was a name applied to any outer garment, and is used as equivalent to the i/iuTiov and chlamys.* EPH'ETAE{'E^^raj). The judges so called at .\lhens were fifty-one in number, selected from no- ble families (uptarivS^v alpeBhrtg), and more than filly years of age. They formed a tribunal of great antiquity, so much so, indeed, that Pollux* ascribed their institution to Draco ; moreover, if we can de- pend upon the authority of Plutarch," one of Solon's laws ((ifoiiEf) speaks of the courts of the Ephetae and Areiopagus as coexistent before the time of that legislator. Again, as we are told by Pollux,' the EphetBG formerly sat in one or other of five courts, according to the nature of the causes they had to try. In historical times, however, they sat in four only, called, respectively, the court by the Palladium (ro inl UaXlafiu), by the Delphinium (ro cm AeXfiviu), by the Prytaneium (to ml XlpvTavdci), and the court at Phreatto or Zea (to h ipeaTToi'). At tlie first of these courts they tried cases of unin- tentional, at the second of intentional, but justifia- Ide homicide, such as slaying another in selfde- fence, taking the life of an adulterer, killing a tyrant or a nightly robber.' At the Prytaneium, hy a strange custom, somewhat analogous to the impo- sition of a deodand, they passed sentence upon the instrument of murder when the perpetrator of the act was not known. In the court at Phreatto, on the seashore at tlie Peira;us, they tried such per- sons as were charged with wdful murder during a temporary exile for unintentional homicide. In •.:ases of this sort, a defendant pleaded his cause on board ship (r^f yvi l^h aTrTofisvoi), the judges sitting iJose by him on shore." Now we know that the jurisdiction in cases of wilful murder was, by So- lon's laws, intrusted to the court of the Areiopagus, which is mentioned by Demosthenes" in connexion with the four courts in which the Ephetae sat. Moreover, Draco, in his Osu/ioi, spoke of the Ephe- itB only, though the jurisdiction of the Areiopagus in cases of murder is admitted to have been of great antiquity. HenceMiilIer"'conjectures that the court of the Areiopagus was anciently included in the five courts of the Epheta;, and infers, moreover, the ear- ly existence of a senate at Athens, resembling the Gerousia at Sparta, and invested with the jurisdic- 1 (Stral)0, 1 c.)— 2. (s. v.,— 3. (Compare Paus., vii., 2, I) 4. — MuUcr, Dor , -L, U, I) 8.— BSclOi., Corp. Inscripl., ii., il. 2909.)— 4. (Xen., Symp., iv., 38. — Lucian, Dial. Meretr., 9, vol. iii., p. 801, ed. Reitz. — Dial. Mort., 10, fy 4, vol. i., p. 366. — Contempl., 14, p 509.— Becker, Charikles, ii., p. 358.)— 5. (viii., 125.)— 6. (Solon., c. 190— 7. (Pollux, Onom., 1. o.)— 8. (Wachsmuth, II., !., p. 321 )— 9. (Plato, Leg., ix., p. 874.)— 10. (Demoslh., c. Aris- MT. p 644.)— 11. (1. c.)— 12. (Euinenid.. 4 65.) tion in cases cf homicide.' The name of 'E-itr* given to the membeis of this council was, as h« conceives, rather derived from their granting a li- cense to avenge blood (oi iitiuat T ivSpo^jiovi^ rat livdpri'XuTiiv) than from their being appealed to. oi from the transfer to them of a jurisdiction which, before the tiue of Dracc, had belonged to (he kings." If this hypothesis be true, it becomes a question, Why and when was this separation of the court-s made ^ On this subject MuUer adds, that when an act of homicide was not punished by death oi perpetual banishment, the perpetrator had to re- ceive expiation. (Kj(/. B.iNisHMENT, Greek.) Now the atonement for blood, and the purification of a shedder of blood, came under the sacred law of Athens, the knowledge of which was confined to the old nobility, even after they had lost their polit- ical power. \Vid. Exegetai.) Consequently, the administration of the rites of expiation could not be taken away from them, and none but an aristocrat ical court like that of the Ephetas vi'ould be compe- tent to grant permission of expiation for homicide, and to preside over the ceremonies connected witli it. Accordingly, that court retained the right of de- cision in actions for manslaughter, in which a tem- porai-y flight was followed by expiation, and also in cases of justifiable homicide, whether from the sim- ilarity of the latter (as regards the guilt of the per- petrator) to acts of accidental homicide, or as re- quiring a like expiation.' For acts of wilful mur der, on the other hand, the punishment was eithei death or Aeifvyia, and, therefore, no expiation (ku- 8apiTi() was connected with the administration of justice in such cases, so that there could be no ob- jection against their being tried by the court of tne Areiopagus, though its members did not of necessity belong to the old aristocracy. Such, briefly, are the reasons which Miiller alle- ges in support of this hypothesis ; and if they are valid there can be little doubt that the separation alluded to was effected when the Athenian nobility lost their supremacy in the state, and a timoeracy or aristocracy of wealth was substituted for an ar- istocracy of birth. This, as is well known, happen- ed in the time of Solon. Lastly, we may remark, that the comparatively unimportant and antiquated duties of the Ephetas sufficiently explain the statement in Pollux,* that their court gradually lost all respect, and became at last an object of ridicule. EPHrPPIUiM ( a(7Tpd67j, k^ircKLov, EtftiiTTretov ), a Saddle. • Although the Greeks occasionally rode without any saddle (km ipi^ov iirTrov^), yet they com- monly used one, and from them the name, together with the thing, was borrowed by the Romans." It has, indeed, been asserted, that the use of saddles was unknown until the fourth century of our era. But Ginzrot, in his valuable work on the history of carriages,' has shown, both from the general prac- tice of the Egyptians and other Oriental nations, from the pictures preserved on the walls of houses at Herculaneum, and from the expressions employ- ed by J. Caesar and other authors, that the term "ephippium" denoted not a mere horsecloth, a skin or a flexible covering of any kind, but a saddle-tree, or frame of wood, which, after being filled with a stuffing of wool or cloth, was covered with softer materials, and fastened by means of a girth [cmgu- lum, zona) upon the back of the animal. The an- cient saddles appear, indeed, to have been thus Sir different from ours, that the cover stretched upon the hard frame was probably of stuffed or padded 1. (Thiilwall, Hist, of Greece, ii., p. 41.)— 2. (Pollux, 1. c.)— 3. (Plato, Leg., ix., p. 864 and 8-5.)— 4. (1. c.)— 5. (Xen., I)e Rt Equest., vii., 5.) — 6. (Varro, De Re Rust., ii., 7. — Ca;sar, B. G.. iv., 2.-Hor., Epist., i , ) I. 43.— Gellius, v., 5.)— 7. (vol ii , f 26.) t07 EI flORI. EPHORI. jiOtb iDlIier than ieathor, and that tlie saddle viis, as il were, a cushion fitted to the horse's back. Pendent cloths {arpCi/MTa, strata) were always at- tached to it, so as to cover the sides of the animal; but it was not provided with stirrups. As a substi- tute for the use of stiirups, the horses, more partic- ularly in Spain, were laught to kneel at the word of command, when theii riders wished to mount them. ( Vid. the annexed figure from an antique lamp found at Herculaneum, and compare Strabo, III., i., p. 436, f,d ?ieb. ; and Silius Italicus, x., 465.) The cloths, which were either spread over the saddle or hung from it on each side, were often dyed with different colours (" Jam purpura vesliat armos ;'" ephippia fucata"), and were sometimes rendered still more ornamental by the addition of fringes. The term " Ephippium" was in later times in part supplanted by tlie word " sella," and the more specific expression " sella equestris." EPHORI ('E^opoj) Magistrates called 'E^opoi or overseers were common to many Dorian consti- tutions in times of remote antiquity. Cyrene and the mother state of Thera may be mentioned as ex- amples : the latter colonized from Laconia in early ages, and where, as we are told, the ephors were iniivvfioi, i. e., gave their name to their year of of- ice.' The ephoralty at Sparta is classed by Herod- jtus* among the institutions of Lycurgus. Since, however, the ephori are not mentioned in the oracle which contains a general outline of the constitution ascribed to him,' we may infer that no new powers were given to them by that legislator, or in the age of which he may be considered the representative. Another account refers the institution of the Spar- Ian ephovalty to Theopori.pus (B.C. 770-720), who u said to have founded this office with a view of limiting the authority of the kings, and to have jus- tified the innovation by remarking that " he handed down the royal power to his descendants more du- rable, because he had diminished it."" The incon- < istency of these accounts is still farther complica- ted liy a speech of Cleomenes the Third, who' is represented to have stated that the ephors were 1. (CUnd., Epigr., x., 36.)— 2. (Apul., De Deo Socr.)— 3. (Heracl Piut., 4.)— 4. (i., 65.)- 5. (Plutarch, I.ycurg., 6.)— 6. Mrii.10!., Tjlit., v., 0.)—". (Plutarch. Cleom., 10.) 408 originally appointed by the kings, to act for them in- a judicial capacity (Trpof to Kpivetv) during their ab- sence from Sparta in the first Messenian war, and that it was only by gradual usurpations that these new magistrates had made themselves paramount even over the kings themselves. Now, according to some authorities,' Poiydorus, the colleague of Theopompus, and one of the kings under whom the first Messenian war (B.C. 743-723) was completed, appropriated a part of the conquered Messenian ter- ritory to the augmentation of the number of porticns of land possessed by the Spartans— an augmenta- tion which implies an increase in the number of Spartan citizens. But the ephors, as we shall see hereafter, were the representatives of the whole na- tion ; and, therefore, if in the reign of Theopompus the franchise at Sparta was extended to a new class of citizens, who, nevertheless, were not placed on an equality with the old ones {vnonnovei;), the eph- ors would thenceforward stand in a new position with respect to the kings, and the councillors (oi ysfiovTeg) who were elected from the higher class Moreover, it is not improbable that, during the ab- sence of the kings, the ephors usurped, or had con- ferred upon them, powers which did not originally belong to them ; so that, from both these causes, their authority may have been so far altered as to lead to the opinion that the creation of the office, and not merely an extension of its powers, took place during the reign of Theopompus. Again, as Mr. Thirlwall observes, " if the extension of the' ephoralty was connected with the admission of an inferior class of citizens to the franchise, the com- parison which Cicero" draws between the eph()ralty and the Roman tribunate would be more applicable than he himself suspected, and would throw a light on the seeming contradiction of the ephors being all-powerful, though the class which they more especially represented enjoyed only a limited fian- chise."^ But, after all, the various accounts which we have been considering merely show liow differ ent were the opinions, and how little historical the statements, about the origin of the ephoralty.' We shall therefore proceed to investigate the functions and authorities of the ephors in historical times, after first observing that their office, consid- ered as a counterpoise to the kings and counci;, and in that respect peculiar to Sparta alone of the Dorian states, would have been altogetlier incon- sistent with the constitution of Lycurgus, and that their gradual usurpations and encroachments were facilitated by the vague and indefinite nature of their duties. Their number, five, appears to have been always the same, and was probably connected with the five divisions of the town of Sparta, name- ly, the four Ko/iai, Limnee, Mesoa, Pitana, Cynosu- ra, and the noAtf, or city properly so called, around which the /td/iai lay.* They were elected from aad by the people (^f diravruv), without any qualificati.w of age or property, and without undergoing auy scrutiny (oi -ruxovrei) ; so that, as Aristotle re marks,' the dTjfw^ enjoyed through them a partici pation in the highest magistracy of the state. The precise mode of their election Is not known, but Aristotle' speaks of it as being very puerile; and Plato' describes their office as tyyv; r^; K^porvi dvvd/iea^, words which may apply to a want of a directing and discriminating principle in the elect- ors, without of necessity implying an election by lot. They entered upon office at the autumndl sol- stice, and the first in rank of the five gave his name 1. (ThMwsUi Hist, of Greece, i., p. 353,)— -2. (De Leg-iiii-,''; De Rep., ii., 33.)^3. (Hist.i of Greece, ;., 356.)— 4. (MuUer, D» rians, iii., c. 7 ; and vid. Cliaton, Fast Hell., i., Appendix 6.)" 5. (Philolog. Museum, li., p. 52.)— a. rpolit , v. 7.)— 7. 1. c' —8. (Log., ui., p. 692.) fiPHORI. EPHORl. to the' year, which was called after him in all civil transactions.' Their meetings were held in the public building called upxelov, which in some re- spects resembled the Prytaneiuin at Athens, as be- ing the place where foreigners and ambassadors were entertained, and where, moreover, the ephors took their meals together.'' The ephors also possessed judicial authority, on which subject Aristotle' remarks that they decided jn civil suits {dlKai rdv avfiBo^aiav), and generally in actions of great importance (iipiaEQv iieyukuv kv- fflioj*) : whereas the council presided over capital crimes {dUai (jtovixai). In this arrangement we see an e.xemplification of a practice common to many of the ancient Greek states, according to which a criminal jurisdiction was given to courts of aristo- cratic composition, while civil actions were decided by popular tribunals. (Compare EpHETAEand Aeei- opAuus.) But with this civil jurisdiction was uni- ted a censorial authority, such as was po.'^sessed by the ephors at Cyrene : ' for example, the ephors pun- ished a man for having brought money into the state,' and others for indolence.' We are told, also, that they inspected the clothing and the bedding of the young men.' Moreover, something like a su- perintendence over the laws and their execution is implied in the language of the edict, which they published on entering upon their office, ordering the citizens " to shave the upper lip (^ilffra/ca), i. e., to be submissive, and to obey the laws." Now the symbolical and archaic character of this expression seems to prove that the ephors exercised such a general superintendence from very early times, and there car be no doubt " that, in the hands of able men, it would alone prove an instrument of unlim- ited power '" Tiieir jurisdiction and power were still farther in- creased by the privilege of instituting scrutinies (rf- SwaCj into the conduct of all the magistrates, on which Aristotle' observes that it was a very great gift to the ephoralty Ijovto Si ry ii^opsiq, fisya Xiav TO dCipov). Nor were they obliged to wait till a magistrate had completed his term of ofBce, since, aven before its termination, they might exercise the privilege of deposition." Even the kings themselves could be brought before their tribunal (as Cleom- enes was for bribery, SupoSoKia}'-), though they were not obliged to answer a summons to appear there till it had been repeated three times." In extreme cases, the ephors were also competent to lay an ac- cusation against the kings as well as the other ma- gistrates, and bring them to a capital trial before the great court of justice." If they sat as judges themselves, they were only able, according to Miil- ler, to impose a fine, and compel immediate pay- ment ; but they were not in any case, great as was their judicial authority, bound by a written code of laws." In later times the power of the ephors was great- ly increased; and this increase appears to have been principally owing to the fact that they put themselves in connexion with the assembly of the people, convened its meetings, laid measures before it, and were constituted its agents and representa- tives." Wl-.en this connexion arose is matter of conjecture ; some refer the origin of it to Astero- pus, one of the first ephors to whom the extension of the powers of the ephoralty is ascribed, and who is said to have lived many years after the time of Tlieopompus, probably about B.C. 560. That it was 1 (Mailer, Dor., iii-, 7, 1) 1.)—% (Pausan., iii., II. 2.)— 3. (Polit., m., l..>— 4. (Polit., ii., 6.)— 5. (Plut., Lysan., 19.)— 6. (Sohol. iu 'i^aoyd'., i., 84.)— 7. (AtheniEUs, xii., 550.)— 8. (Thirl- waH, Hist, of Greece, i., 355.)— 9. (Polit., ii., 6, J7.)— 10. (Xen., DeEep. Lac, Tiii., 4.)— 11. (Herod., vi., 82.)— 12. (Plut., Cle- om., 10.)— 13. (Xen., I.e.— Herod., vi.,85.)— 14, (Aristot., Polit., 'a., 6, le )~-lf>. (MUUer, Dorians, ii., 125, tranhi.) not known in early times appears from In. oi'icum stance that the two ordinances of the oracle at Del- phi, which regulated the assembly uf the people made no mention of the functions i f the ephors ' It is clear, however, that the power which such a connexion gave, would, more than anything else, enable them to encroach on the royal authoiity, ami make themselves virtually supreme in the state. Accordingly, we find that they transacted business with foreign ambassadors;'' dismissed them fioip the state ;^ decided upon the government of de- pendant cities;^ subscribed in the presence of other persons to treaties of peace ,' and in time of war sent out troops when they thought necessary.' In all these capacities the ephors acted as the repre- sentatives of the nation and the agents of the pub lie assembly, being, in fact, the executive of the state. Their authority in this respect is farther il- lustrated by the fact that, after a declaration of war, "they intrusted the army to the king or some other general, who received from them instructions how 10 act, sent back to them for fresh instructions, were restrained by them through the atumdance r,. extraordinary plenipotentiaries, were recalled by means of the scytale, summoned before a judicid. tribunal, and their first duty after return was to visit the office of the ephors.'" Another striking proof of this representative character is given by Xeno- phon,* who informs us that the ephors, acting on behalf of the state (vizep ttjs ■KoXeui)} received Irom the kings every month an oath, by which the latter bound themselves to rule according to law; and that, in return for this, the state engaged, through the ephois, to maintain unshaken the authority of the kings if they adhered to their oath. It has been said that the ephors encroached upon the royal authority ; in course of time the kings be- came completely under their control. For example, they fined Agesilaus" on the vague charge of trying to make himself popular, and interfered even with the domestic arrangements of other kings ; more- over, as we are told by Thucydides," they could even imprison the kings, as they did Pausanias. We know, also, that in the field the kings were fol- lowed by two ephors, who belonged to the council of war ; the three who remained at home received the booty in charge, and paid it into the treasury, which was under the superintendence of the whole College of Five. But the ephors had still another prerogative, based on a religious foundation, which enabled them to effect a temporary deposition of the kings. Once in eight years {di' kruv hvea), as we are told, they chose a calm and cloudless night to observe the heavens, and if there was any appear- ance of a falling meteor, it was believed to be a sign that the gods were displeased with the kings, who were accordingly suspended from their functions until an oracle allowed of their restoration." The outward symbols of supreme authority also were as- sumed by the ephors, and they alone kept their seats while the kings passed ; whereas it was not considered below the dignity of the kings to rise in honour of the ephors." The position which, as we have shown, the ephora occupied at Sparta, will explain and justify the state- ment of Miiller, "that the ephoralty was the moving element, the principle of change in the Spartan con- stitution, and, in the end, the cause of its dissolu- tion." In confirmation of this opinion we may cite the authority of Aristotle, who observes, that from the excessive and absolute power (lioTipunoi) of 1. (Thirlwall, i., 356.)— 2. (Herod., ix., 8.)— 3. (Ken., IleU, ii., 13, 19.)^. (Xen., Hell., iii., 4, S )— 5. (Tliucyd. , v., 19, 24.1 — 0. (Herod., ix., 7, 10.)-,7. (MiiPer, Dor., ii., 127, liansl.)— li (De Repub. Lacon., xv.) — 9. (Plutarch, Ages., 2,'5.)— 10, (4 131.1—11. (Plut., Aetis, 11.)— 12. (Xen., Repub. Lscoi,, jO 409 EPIllAT^. EPICLEIIUS. the ephors, the kings were obliged to court them {infiayaydv), and eventually the govornment be- came a democracy instead of an aristocracy. Their 'elaxed and dissolute mode of life too (uvei/iEvri 6i- aiTo), he adds, was contrary to the spirit of the con- stitution ; and we may remark that it was one of the ephors, Epitadeius, who first carried through me law permitting a free inheritance of property in contravention of the regulation of Lycurgus, by which an equal share in the common territory was secured to all the cuizens. Tks change, indeed, to which Aristotle alludes, might have been described as a transition from an aristocracy to an oligarchy ; for we find that in la- ter times, the ephors, instead of being demagogues, invariably supported oligarcliical principles and priv- ileges. The case of Cjnadun, B.C. 399, is an in- stance of this ; and the fact is apparently so incon- sistent with iheir being representatives of the whole community, and as much so of the lower (vvofieio- KCf ) as of the higher (djiowi) class of citizens, that Wachsmuth' supposes the 6ij/io;,' from and by whom the ephors were chosen, to mean the whole body of privileged or patrician citizens only, the most emi- nent (KoAoi Kayadoi) of whom were elected to serve as yipavrrc. This supposition is not itself improba- ble, and woiiiJ go far to explain a great difficulty ; but any analysis of the arguments that may be urged for and against it is precluded by our limits.' We shall, therefore, only add, that the ephors became at last thoroughly identified with all opposition to the extension of popular privileges. For this and other reasons, when Agis and Cle- omenes undertook to restore the old constitution, it was necessary for them to overthrow the ephoralty, and, accordingly, Cleomenes murdered the ephors for the time being, and abolished the office (B.C. 225) ; it was, however, restored under the Romans. EPI'BATJS (imSdrai) were soldiers or marines appointed to defend the vessels in the Athenian na- vy, and were entirely distinct from the rowers, and ilso from the land soldiers, such as hoplitiE, peltasts, and cavalry.* It appears that the ordinary number ofepibatae on board atrireme was ten. Dr Arnold' remarks, that by comparing Thucyd., iii., 95, with c. 91, 94, we find three hundred epibatae as the complement of thirty ships ; and also, by comparing ii., 93, with c. 102, we find four hundred as the com- plement of forty ships ; and the same proportion re- sults from a comparison of iv., 76, with c. 101. In Thucydides, vi., 42, we find seven hundred epibatae for a fleet of one hundred ships, sixty of which were equipped in the ordinary way, and forty had troops on board. In consequence of the number of heavy- armed men kx tov Karakoyov on the expedition, the Athenians appear to have reduced the number of regular epibatae from ten to seven. The number of forty epibatae to a ship, mentioned by Herodotus," Dr. Arnold justly remarks,' " belongs to the earlier state of Greek naval tactics, when victory depended more on the number and prowess of the soldiers on board than on the manosuvres of the seamen ;' and it was in this very pomt that the Athenians impro- ved the system, by decreasing the number of miid- Tat, and relying on the more skilful management of their vessels." The epibatas were usually taken from the Thetes, or fourth class of Athenian citizens ;' but on one occasion, in a season of extraordinary danger, the citizens of the higher classes (c/c KaraXoyov) were ooir.pclled to serve as epibatae." i. (i., 2, p. 214.)— 2. (Arist., ii,6.) — 3. (FW. Thirlwall, iv., 3-r.) — 4. (Xcn., Hell., i., 2, « 7 ; v., 1, 5 U. — Haipocrat. and Hesych., s. v.) — 5. (atl Thucyd., iii., 95.) — 6. (vi., 15.) — 7. (1. c.)-8. (Thucyd., i., 49.) -9. (Thucyd., vi., 42.)— 10, (Thucyd., «iii., 24.) 410 The term is sometimes, also, applied by ihe Rotugi writers to the marines," but they are more usuallr called classiarii militcs. The latter term, however is also applied to the rowers or sailors as well at the marines {classiariorum remigiv vchi'), EPIBLE'MA. (7idZ.AMioT.us) EPIB'OLE (ETTiCo/l^), a fine imposed by a magis- trate, or other ofiicial person or body, for a misdj. meanour. The various magistrates at Athens liaj (each in his own department) a summary penal ja- risdiction ; i. c, for certain oflfenoes they mighl inflict a pecuniary mulct or fine, not exceeding a fixed amount ; if the offender deserved farther pun- ishment, it was their duty to bring him before a judicial tribunal. Thus, in case of an injury done to orphans or heiresses, the archon might line the parties, or (if the injury were of a serious na- ture) bring them before the court of Heliaea.' Upon any one who made a disturbance, or otherwise mis- behaved himself in the public assembly, the proedri might impose a fine of fifty drachms, or else bring him for condign punishment before the senate of 500, or the next assembly.* The senate of 600 were competent to fine to the extent of 500 drachms.' The magistrate who imposed the fine (eniCd^p ETriBaTie) had not the charge of levying it, but was obliged to make, a return thereof to the treasury of- ficers {hiriyfm^nv, or eyypd(j)EW toIq TrpuKTopatv, oi kyypa drj/ioaiu), whereupon, like all other penalties and amerciaments, it became (as we should say) a debt of record, to be demanded or recovered by the collectors." If It were made payable to the fund of a temple, it was collected by the fiiiictlon- aries who had the charge of that fund (TO^ura:). There might (it seems) be an appeal from the sen- tence of the magistrate to a jury or superior court.' As under the old Roman law no magistrate coiiM impose a fine of more than two oxen and thirtj sheep, so, by the laws of Solon, fines were of ver) small amount at Athens. How greatly they in- creased afterward (as money became more plehtlfal, and laws more numerous), and how important a branch they formed of the public revenue, may be seen from the examples collected by Bpckh.' These 'ett /.ioXat are to be, distinguished from the penalties awarded by a jury or court of law (npj- ixara) upon a formal prosecution. There the magis- trate or other person who instituted the proceeding (for any one might prosecute, KaTr/yopclv), was said riiiriiia EirLypuTJiaadai, as the court or jury were said Ti|U(ji/, " tu assess the penalty," which always de- volved upon them, except where the penalty wa.s one fixed by law (h tCiv vd/iuv c'^iKEifievv O/jUi'n), n which case it could not be altered.' EPICHETROTONJA. <,Vid. Gi£eirotonia, Ho- CLESIA, p. 386.) EPICLE'RUS (EirUXvpuc, heire.ss), the name given to the daughter of an Athenian citizen who had no son to inherit his estate. It was deemed an object of importance at Athens to preserve ihe family n-ame and property of every citizen. This was effected, where a man had no child, 1 y ado|v tion {elano[t;ai.t;) ; if he had a daughter, the inherit- ance was transmitted through her to a grandson, who woiild take the name of the maternal ahcestor- If the father died intestate, the heiress had not the choice of a husband, but was bound to marry hei nearest relative, not in the ascending line. Upon I. (Hist, de BeU. Alex , 11 ; de Bell. Afric, C3.) - 2. (Ti- cit., Ann., xjv., 4.)— 3. (Demosth., c. Macart., 1076.)— 4 (,Esch., c. Timarch., 35, Bckker.)— 5. (Demosth., c. Euerg. aiij MneJ, 1152.— 7iii. alsoDeniosth.jC. Meid.,572.)— 6. (.aSsch:,c. rimar., 1. c— Demosth., c. Nicost., 1251.)- 7. (Meier, Att; Prec, p. 39- 34, 565.— SchOinann, Ant. Jur. Pub. Graic., p. 242^ 293.1 --r (Puo. Eonn. of Athens, ii., p. 103, &c.)— 9. (Jilsch., lit,'! II if- pn6., 14, Bekker.— Demosth., c. Theocr., 1328.— -HaiTwcr , • » KPIDICASIA. EnUEi.£'![AE. ■uch person making his claim before the aichon, ;rhose duty it was hriiieleiaOat tuv kmiikiipuiv nal -wv oin-QV tCiV e^epti/iov/ievav,^ public notice was given of the claim ; and if no one appeared to dis- pute it, the archon adjudged the heiress to him (ifftJir^cfu uirif) rf/v itrMvpov). If another claim- ant appeared {ufMpiafijrelv avrC) rfj^ etzcic), a court was held for the decision of the right {SmSucaaia r^f imK.), which was determined according to the Athenian law of consanguinity {yhovg kot' kyxia- reiav). Even where a woman was already married, her hus'jand was obliged to give her up to a man with a better title ; and men often put away their orraer wives in order to marry heiresses.' A man without male issue might bequeath his property ; but if he had a daughter, the devisee was obliged to marry her.' If the daughter was poor, and the nearest relative did not choose to marry her, be was bound to give her a portion coiTespond- ing to his own fortune.' The husband of an heiress took her property until she had a son of full age (hm (Sieref TiiijaavTa), who was usually adopted into his maternal grandfather's family, and took possession of the estate. He then became his mother's legal protector {icvpio^), and was bound to find her maintenance (iriroi^). If there were more sons, they shared the property equally.' When there was hut one daughter, she was called emK?ij]po^ twl iraifTc tu oIk<>). If there were more, they inherited equally, like our co-parceners, and were severally married to relatives, the' nearest having the first choice." Illegitimate sons did not share with the daughter, the law being vodif foi ilvai ayxi^Tslav fi^ff Updv {iriQ' daluvj The heiress was under the special protection of the aichon; and if she was injured by her husband or relatives, or by strangers ejecting her from her estate, the law gave a criminal prosecution against the offender, called KaKuaeu( daayyeXia.' EPICLINTRON. {Vid. Leotus.) EPIDAURIA. (Jii. Eleusinia, p. 396.) EPIDEMIURGI. (Fid. Demiuegi.) EPIDICASIA (iniSiKaaia, icXijpov) was the pro- ceeding by which a legatee or heir, other than the natural descendant and acknowledged successor, obtained legal possession of the estate of a deceased person. Under these circumstances, the claimant was said ?,ay;cdvetv or iinSLKa^EaOai tov KXijpov, and the property itself termed tirlSiKov until it was formal- ly awarded to its rightful owner. Notice of a claim of this .sind might be given to the archon eponymus during any month in the year except Scirrophorion, and that magistrate was bound, upon receiving it, to direct that it should be inscribed upon a tablet, and exposed to public inspection, as if it were an indict- ment or declaration {ypa^fi or ^^fif) in an ordinary lawsuit.' After this it was recited by the herald in the first ensuing regular assembly of the people [Kvp'uf hKK.'K7iai(/.), and a proclamation to the same effect was again made before the archon, who for- mally assigned the property to the claimant. If, howeier, any other parties made their appearance, a diadicasia ensued between them and the original suitor. (Fj(i. DiAuicAsiA.j An analogous proceed- ing took place when the surviving issue of the de- ceased consisted of one or more daughters only (.km- khipai, iwcKhipiTidec, narprnxoi, iyx^vpoi; or cTmra- 1. (Demosth., c. Mar.art., 107C.)— 2. (Demoslh., c. Onct., Ar- Smn. ; c. Eubnl., 1311.— Ijikus, Da I'ynh. Hicred., 78.)— 3. (Isx-js, De Ari?,. lliEred.. 19.) — 4. (Demosth., c. Miiciin., 1067.) —5. (Isious, De I'yrrh. HiEied., 59; De Cir. Haired., 40.— De- mosth., :. Steph., 1134, 1135.)— 6. (Andoc, Do Myst., 117, &c. — IsaiiA, De Cir. Hu^red., 57 58.)— 7. (Demosth.. c. Macart., 1067.- Jiristoph., A- es, 1052.)- 9. (Isasus, Do Pvrr. Hiered., 76. -Meiei, Atl. Proz n 260 460, 468.)— 9. (Meici-, Aft. Proc., p. ins 1 /tuTidei), in which case the person in whsse favoai the will of the deceased had been made, the near- est male relative (uyxiarEv^), or if several daughters had been left with their portions to different persons, the legatees or relatives were required to prefer their claim to the archon. The proclamation by the herald followed, in the same manner as when an estate was the subject of the petition ; aij:' Ihe paracatabole, or the tenth part of the estate oi por- tion, was deposited as a forfeit, in case they failed to establish their claim, by the other parties I hat undertook a diadicasia.' (Vid. Epiclerus.) EPID'OSEIS (^7r«5d(7Ejf) were voluntary contribu- tions, either in money, arms, or ships, which were made by the Athenian citizens in order to meet the extraordinary demands of the state. When the ex penses of the state were greater than its revenue, it was usual for the prytanes to summon an assem- bly of the people, and, after explaining the necessi- ties of the state, to call upon the citizens to contrib- ute according to their means. Those who were willing to contribute then rose, and mentioned what they would give ; while those who were unwilling to give anything remained silent, or retired privately from the assembly.' The names of those who had promised to contribute, together with the amount ol their contributions, were written on tablets, which were placed before the statues of the Eponymi. where they remained till the amount was paid.^ These tirtdoaeic, or voluntary contributions, were frequently very large. Sometimes the more wealthy citizens voluntarily undertook a trierarchy, or the expenses of equipping a trireme.* We read llial Pasion furnished 1000 shields, together with five triremes, which he equipped at his own expense.' Chrysippuo presented a talent to the state when Alexander moved against Thebes ;' Aristopharies, the son of Nicophemus, gave 30,000 drachmae mr an expedition against Cyprus ;' Charidemus End Diotimus, two commanders, made a free gift of 800 shields ;' and similar instances of liberality are men- tioned by Bockh,' from whom the preceding exam- ples have been taken.'" EPIGAMIA. (Vid. Mareiage, Gkeek.) EPI'GRAPHEIS. (Vid. Eisphoha, p. 392.) EPIMELE'TAE(£7rt|KE;i)7T-oi), the name of various magistrates and functionaries at Athens. 1. 'E7nfieyi,7iT?i^ TTjf Koivfji wpoadSov, more usually called ra/iia;, the treasurer or manager of the pub- lic revenue. (Virf. Tamias.) 2. 'ETTifteTiiiTal Tuv /iopiuv 'E^ajuK were persons chosen from among the areopagites to take care ol the sacred olive-trees." 3. 'E7ri|U£A)?TO( TOV 'Efiwopiov were the overseers of the emporium. (Vid. Emporium.) They were ten in number, and were elected yearly by lot.'' They had the entire management of the emporium, and had jurisdiction in all breaches of the commer- cial laws." According to Aristotle,'* it was part ol their duty to compel the merchants to bring into the city two thirds of the corn which had been brought by sea into the Attic emporium ; by which we learn that only one third could be carried away to other countries from the port of the Peirseus." 4. 'Eiri/iE/liyTai tCiv Mvarriptuv were, in connexion with the king archon, the managers of the Eleusin- 1. (Meier, Att. Proc, p. 461, 470.)— 2. (Plutarch, Alcili., 10 — Phocion, 9. — Demosth., c. Meid., p. 567. — Theophi-ast., Char., 22. — AthetiKUs, iv., p. I(i8, e.) — 3. (Issus, De Dicjeog., p. Ill, ed. Reislie.)— 4. (Demcsth., c. Meid., p. 506, 23.)— 5. (DemostlL c. Steph., p. 1127, 12.)— 6. (Demosth., c. Phorm., p. 918, 20.)— 7. (Lysias. Pro Aristojh. bonis, p. 644.) — 8. (Demosth., Pro Co ron., p. 265, 18.) — 9. (Put). Econ. of Athens, ii., p 377.) — 10. (Compare Schiimann, De Comit., p. 292.) — 11. (Lysias, Areitt. pag., p. 284, 5.) — 12. (Ilarpocrat., s. v.) — 13. (Demosth., c Lft- cvit., p. 941, 15; c. Tlieocr., p. 1324.— Dinarch., c. xVisto;;., p 81, 82.)— 14. (ap. ITaiTiocrat., s. v.)— 15. (Bockh, Pub. Ecou. d Athens, i., p. 67, 111. — Meier, Att. Pr(C q 8b. > iSPISTATES. EPISYNTHEl ICl. Ian jnystuiea. They wen elected by open vote, and were foui' in number, of whom two were cho- sen from the general body of citizens, one from the Eumolpidae, and one from the Ceryces.' 5. 'Enijis^uTiTal tuv veapiav, the inspectors of the dockyards, formed a regular dpOT, and were not an extraordinary commission, as appears from Demos- tuenes,^ ^schines,^ and the inscriptions published by Boclopd (the only impost to which orphans were liable) was levied, and make the proportionate pay- ment in the minor's name. With reference to the disposition of the property, two courses were open to the guardian to pursue, if the deceased had left no will, or no specific directions as to its manage- ment, viz., to keep it in his own hands, and employ it as he best could for the benefit of the minor (Stoi- icetv), or let it out to farm to the highest bidder (|U«r- $ovv Tov olicov). In the former case, it seems proba- ble" that a constant control of the guardian's pro- ceedings might be exercised by the archon ; and a special law or lained that all money belonging to a minor should be vested in mortgages; and upon no account be lent out upon the more lucrative but hazardous security of bottomry." To ensure the performance of these duties, the law permitted any free citizen to institute a pubhc action, as, for instance, an apagoge or eisangelia, against a guardian who maltreated his v.-ard {koku- leuc hp^avov), or a ypai^rj imTpanfn, for neglect or 1. (rsoudn-Galea,, Inlroduct., v.. 4, p. 684, eij. Kiilin.) — 2. (Galen, Definit. Med., c. 14, p. 353.)— 3. (Iliid.)— 4. (Pseudo- Gdlen, fntroduct., 1. <;.)— 5. (Ilist. de In MW.)— 6. (apud A6tii Tetrab., iv,, serin. 2, c. 11, col. 688.) — 7. (Uiu-scor., iv., 176. — Adams, Append., s. v.)— 8. (Demosth., c. ApKoh., i., )i. 819, 18.) —3. (Deraoslh., c. Onetor., i., r- 865, IT.)— 10. (Suidas, s. v. injury of his pi vsnn or property ; and the punish ment, upon conviction, depended entirely upon the greater or less severity of the dicasts.' If the guardian preferred that the estate should be farmed, the regular method of accomplishing this was by making an application to the archon, who thereupon let the inheritance to the highest bidder, and took care that the farmer should hypothecate a sufficient piece of ground or other real property to guaranty the fulfilment of the contract (uTvonnrjiia). In soiae cases the guardian might be compelled to adopt this course or be punished, if the lease were irregularly or fraudulently made, by a phasis, which, upon this occasion, might be instituted by any free citizen. The guardianship expired when the ward had at- tained his eighteenth year, and, if the estate had been leased out, the farmer paid in the market- place the capital he had received to trade with, and the interest that had accrued ;" if, however, the in- heritance had been managed by the guardian, it was from him that the heir received his property and the account of his disbursements during the minority. In case the accounts were unsatisfaclo- ry, the heir might institute an action imTpow^c against his late guardian ; tliis, however, was a mere private lawsuit, in which the damages and epobelia only could be lost by the defendant, to the latter of which the plaintiff was equally liable upon failing to obtain the votes of a fifth of the dicasts. This action was barred by the lapse of five years from the termination of the guardianship ; and if the defendant in it died before that time, an action l3Xn6K would lie against his representatives to re- cover what was claimed from his estate.^ EPOBELTA (_ETVG)6eUa), as its etymology implies, at the rate of one obolus for a drachma, or one in six, was payable on the assessment {rifirj/ia) of sev- eral private causes, and sometimes in a case ol phasis, by the litigant that failed to obtain tlie votes of one fifth of the dicasts.* It is not, however, quite certain that such was invariably the case when the defeated suitor was the defendant in the cause ;' though in two great classes, name- ly, cross-suits {avriypafai), and those in which a preliminary question as to the admissibility of the original cause of action was raised {■Kapaypaopo( knuw/ioc' It was a very prevalent tendency among the an- cients in general to refer the origin of their institu- tions to some ancient or fabulous hero (apxTiyirijc^), from whom, in most cases, the institution was also helieved to have derived its name, so that the hero liecame its apxvyi'''VC knuvv^o^. In later times new institutions were often named after ancient he- mes, on account of some fabulous or legendary connexion which was thought to exist between them and the new institutions, and the heroes thus became, as it were, their patrons or tutelary deities. A striking instance of this custom are the names of the ten Attic tribes instituted by Cleisthe- nes, all of which were named after some national hero.* These ten heroes, who were at Athens gen- erally called the ivuvv/ioi, or iKuvv/ioi tCiv (pvXCiv, were honoured with statues, which stood in the Ceramicus, near the Tholos.* If an Athenian citi- zen wished to make proposals for a new law, he ex- hibited them for public inspection in front of these statues of the iiraw/ioi, whence the expression ix- Selvac Trpoadev tuv S'^'uvvfiuv, or Trpof roiif ettuvij/jIOv^.^ *EPOPS (cToi/)), a species of Bird. " It can hard- ly admit of a doubt," remarks Adams, " that this was the Upupa Epops, L., called in English the Hoopoe. It is well described in the Aves of Aris- tophanes.' Tereus was fabled to have been meta- morphosed into this bird. The description given by Ovid' ir. relating this metamorphosis is very striking : " Ciii slant in vertice crista ; Prominet immodicum pro longa cuspide rostrum : Nomen Epops volticri." EPOPTAI. {Vid. ELEHsiKiA.) EPOTIDES. {Vid. Navis.) EPULO'NES, who were originally three in num- jer {Triumviri Epulones), were first crrnted in B.C. litS, to attend to the Epulum Jovis,' and the ban- quets given in honour of the other gods, which duty had originally belonged to the pontifices." Their number was afterward increased to seven," and they were called Septemviri Epulones or Sep- temviri Epulonum ; under which names they are frequently mentioned in inscriptions." Julius Caesar added three more," but after his time the number appears again to have been limited to seven. The following woodcut, taken from a denarius of the Coelian gens, of which a drawing is given by Span- heim," represents on the reverse an Epulo preparing a couch for Jupiter, according to custom, in the Epulum Jovis. On it is inscribed L. Caldus VII. Vir Epul. 1. (Ccmpare Demosth. ap. Harpocrat., s. v. 'E7rt5vw^oi, and Bekker, Anecclota, p. 245.) — 2. (Paus., iii., 11, i) 2.) — 3. {De- Aioffth., c. Macart., p. 1072.) — 4. (Demosth., Epitapli., p. 1397, fcc— Faus., i.,' 5.)— 5. (Paus., i., 5, $ 1. — Suid. and Etymol, Ma^., s. V. *KniivviJiot.) — 6. (.tEschin., c. Ctps., p. 59, ed. Steph. —Wolf, Proleg. ad Demosth., Leptin., p. 133.)— 7. (47.— Com- pare Lys., 771.)-«. (Met., yi., 672.)— 9. (Vol. Max., ii., 1, i, '. —10. (Liv., i.. 30.V-:i ,-,., ae.l- ]2. (l. c.)-13. (Ri-a, > 20.)- 14. (i., 43.)— 15. iOe Rep., ii.. 2(,.) EQUITES EQUITES. howBver, posteriwes, a^ Livy states ; compare Fes- tu». *. 0. Sex Vesta) ; but he differs from him in etatmg that this king also doubled their number after the conquest of the ^qui Soipio, who is represented by Cicero as giving this account, also says that the arrangement of the equites which was made by Tarquinius Prisons continued unchanged to his day (B.C. 129). The account which Cicero gave of the equites i.n the constitution of Servius Tullius is unfortunately lost, and the only words which remain are duoieviginli censu, maxima ; but it is difficult to conceive in what way he represented ":e division of the 18 centuries in the Servian con^ stitution, after he had expressly said that the or- ganization of the body by Tarquinius Prisons had continued unchanged to the time of Scipio. Cicero also differs from Livy respecting the num- ber of the equites. Scipio states, according to the reading adopted in all editions of the " De llepubli- ca," that Tarquinius Prisons increased the original /lumber of the equites to 1200, and that he subse- juently doubled this number after the conquest of ttie JEqai, which account would make the whole number 2400. The MS., however, has ooACCC, which is interpreted to mean mille ac ducentos ; but, instead of this, Zumpt' proposes to read odDCCC, 1800, justly remarking that such a use of ac never occurs in Cicero. This reading would make the number 3600, which Zumpt believes to have been the regular number of the equites in the flourishing times of the Republic It appears, however, impos- sible to determine their exact number, though there are strong reasons for believing that it was fixed, whether we suppose it to have been 5400, 3600, or 2400. Both authors, however, agree in stating that each of the equites received a horse from the state {eguus pMhliciis), or money to purchase one, as well as a Bum of money for its annual support ; and that the expense of its support was defrayed by the orphans snd unmarried females ; since, says Niebuhr,* " in a military state it could not be esteemed unjust that the women and the children were to contribute largely for those who fought in behalf of them and of the Commonwealth." According to Gaius,' the purchase-money for a knight's horse was called as equestre, and its annual provision ces hordearium. (Vid. Ms HoBDE.iRiUM.) The former amounted, ac- cording to Livy,* to 10,000 asses, and the latter to 2000 : but these sums aru so large as to be almost incredible, especially when a'c take into account that T26 years afterward a sheep was only reckoned at 10, and an ox at 100 asses in the tables of penal- ties.' The con-ectness of these numbers has ac- cordingly been questioned by some modern writers, while others have attempted to account for the largeness of the sum. Niebuhr' remarks that the sum was doubtless intended not only for the pur- chase of the horse, but also for its equipment, which would be incomplete without a groom or slave, who had to be bought and then to be mounted. Biickh' supposes that the sums of mioney in the Servian census are not given in asses of a pound weight, but in the reduced asses of the first Punic war, when they were struck of the same weight as the sextans, that is, two ounces, or one sixth of the original weight. (Yid. As, p. 110.) Zumpt considers that 1000 asses of the old weight were given for the pur- chase of the horse, and 200 for its annual provision ; and that the original sum has been retained in a liassagc of Varro ^equum publicum mille assariorum'). 1. (" TJeber die Rfimischen Bitter und den Ritterstand in llom.," Berlin, 1840.)— 2, (Hist, of Rome, l., p. 461.) — 3. (iv., 87.)— 4. (i.,4a) — 5. (Aul. Gcll., li., 1.) — 6. (i., p. 433.)— 7. (Metroloff. Unteri'ich., n. 29.)— 8. (De Lin^. Lat., viii., 71, od. HIiller.) All the equites, of whom we have been f.pcis ng, received a horse from the state, and were included in the 18 equestrian centuries of the Servian consti- tution ; but, in course of time, we read of anothei class of equites in Roman history, who did not re- ceive a horse from the state, and were not included in the 18 centuries. This latter class is first men tioned by Livy' in his account of the siege of Veil, B.C. 403. He says that during the siege, when the Romans had at one time suffered great disasters, all those citizens who had an equestrian fortune, and no horse allotted to them {quibus census equester erat, equipublici non cro7ii), volunteered to serve with their own horses ; and he adds, that from this time equites first began to serve with their own horses (turn primum equis merere equites cceperunt). The state paid them {certus numerus aris est assignatus) as a kind of compensation for serving with their own horses. The foot soldiers had received pay a few years before ;" and two years afterward, B.C. 401, the pay of the equites was made threefold that of the infantry.' From the year B.C, 403, there were therefore two classes of Roman knights : one who received horses from the state, and are therefore frequently called equites cquo publico,* and sometimes Flexumines or Trossuli, the latter of which, according to Gottling, is an Etruscan word ;' and another class, who serv- ed, when they were required, with their own horses, but were not classed among the 18 centuries. As they served on horseback, they were called equites ; and, wlien spoken of in opposition to cavalry, which did not consist of Roman citizens, tliey were also called equites Romani ; but they had no legal claim to the name of equites, since in ancient times this title was strictly confined to those who received horses from the state, as Pliny' expressly says, " Equitum nomcn subsistebat i i turmis equorum pub- licorumy But here two questions arise. Wliy did the equites, who belonged to the 18 centuries, receive a horse from the state, and the others not % and how was a person admitted into each class respectively ! These questions have occasioned much controversy among modern writers, but the following account is perhaps the most satisfactory : In the constitution of Servius Tullius, all the Ro- man citizens were arranged in different classes ac- cording to the amount of their property, and it may therefore fairly be presumed that a place in the cen- turies of equites was determined by the same quali- fication. Dionysius' expressly says that the equites were chosen by Servius out of the richest and most illustrious families ; and Cicero,' that they were of the highest census {censu maxima). Livy' also states that the twelve centuries formed by Servius Tullius consisted of the leading men of the state. None of these writers, however, mention the prop- erty which was necessary to entitle a person to a place among the equites ; but it was probably of the same amount as in the latter times of the Republic, that is, four times that of the first class. Every one, therefore, who possessed the requisite property, and whose character was unblemished (for the latter qualification appears to have been always necessary in the ancient times of the Republic), was admitted among the equites of the Servian constitution ; and it may be presumed that the twelve new centuries were created in order to include all those persons in tlie state who possessed the necessary qualifications. Niebuhr," however, supposes that the qualificatioo 1. (v., 7.)— 2. (Liv., iv., 59.)— 3. (Liv., v.. 12.— nU Niebuhr, ii., p. 439 ) -4. (Cic, Phil., vi., 5.)— 5. (Plin., II. N., ixxiii., 9 — Festufl, s. v.— Gottling, Gesch. der R(jm. Staatsv., p. 372 ' --6 — (H. N., xxxiii.)— 7. (i»., 18.) — 8. (De Rep., ii., 2S.) — 9. ((„ 43.)— 19 (Hist, of Rome, i., 427, &r..) 415 KQUnt-s. £QurrK&. ol pioperty was only necessary for admission into the tvelve new centuries, and that the statement of Diopysius, quoted above, ought to be confined to thef.e centuries, and not applied to the whole eight- een, lie maintains that tlie twelve centuries con- sisted exclusively of plebeians ; and that the six old centuries, which were incorporated by Servius into his comitia, under the title of the sex suffragia, com- prised all the patricians, independent of the amount of property which they possessed. This account, however, does not seem to rest on sufficient evi- dence ; and we have, on the contrary, an express instance of a patrician, L. Tarqiiitius, B.C. 458, who was compelled, on account of his poverty, to serve on foot.' That the six old centuries consisted en- tirely of patricians is most probable, since the ple- beians would certainly not have been admitted among the equites at all till the Servian constitu- tion ; and as by this constitution new centuries were created, it is not likely that any plebeians would have been placed among the ancient six. But we have no reason for supposing that these six centuries contained the whole body of patricians, or that the twelve consisted entirely of plebeians. We may suppose that those patricians who belonged to the six were allowed by the Servian constitution to continue in them, if they possessed the requisite property; and that all other persons in the state, whether patricians or plebeians, who possessed the n?quisite property, were admitted into the twelve new centuries. That the latter were not confined to plebeians may be inferred from Livy, who says that they consisted of the leading men in the state {■primores civilatis), not in the commonalty. As vacancies occurred in the eighteen centuries, the descendants of those who were originally en- rolled succeeded to their places, whether plebeians or patricians, provided they had not dissipated their pre perly ; for NIebuhr goes too far when he asserts t'lat all vacancies were filled according to birth, in- dependent of any property qualification. But in course of time, as population and wealth increased, the number of persons who possessed an equestrian fortune also increased greatly ; and as the number of equites in the 18 centuries was limited, those persons whose ancestors had not been enrolled in the centuries could not receive horses from the state, and were therefore allowed the privilege of serving with their own horses among the cavalry, instead of the infantry, as they would otherwise have been obliged to have done. Thus arose the two distinct classes of equites, which have been already men- tioned. The inspection of the equites who received hor- ses from the state belonged to the censors, who had the power of depriving an eques of his horse, and reducing him to the condition of an agrarian," and also of giving the vacant horse to the most distin- guished of the equites who had previously served at their own expense. For these purposes they made, during their censorship, a public inspection in the Forum of all the knights who possessed public hor- ses {eguitalum recognoscunt ;' equitum ccnturias re- cognoscuni.*). The tribes were taken in order, and each knight was summoned by name. Every one, as bis name was called, walked past the censors, leading his horse. This ceremony is represented on the reverse of some of the censorial coins which have boen published by Spanheim,' and which are copied in the annexed woodcuts. The first is a de- narius of the Licinian gens, and is supposed by Spanheim to have been struck during the censor- 1 (Liv., Hi., r>-2. (Lh., ixiv., «.)— 3. (Liv., xKix., 44.) - 4. ( Val. Mar., ii., 9, M )— 5. (Da Prajst. et Usu Numism., ol. ii., p. 101, od Verburg '. 41() ship of P. Liciaius Crassus, who was ccn-.trwllj Julius Cfflsar.' The next is ♦he reverse of one of the coins ol the Emperor Claudius, in which the emperor is represented sitting, while a knight stands before him leading his horse. The word censor is written underneath, which title we know, from Dion (la» sius," was assumed by some of the emperors. If the censors had no fault to find either with the character of the knight or the equipments of his horse, they ordered him to pass on {iruditc cquun'); but if, on the contrary, they considered him unwor- thy of his rank, they struck him out of the list of knights, and deprived him of his horse,* or ordered him to sell it,'' with the intention, no doubt, that the person thus degraded should refund the mtiney which had been advanced to him for its purcliaso ' At the same review, those equites who had served the regular time, and wished to be discharged, were accustomed to give an account to the censors of the campaigns in which they had served, and were then dismissed with honour or disgrace, as they mighl have deserved.' This review of the equites by the censore must not be confounded with the Equitum Trdnsvectio, which was a solemn procession of the body every year on the Ides of Quintilis (July). The procession started from the Temple of Mars outside the city, and passed through the city, over the Forum, and bj the Temple of the Dioscuri. On this occasion the equites were always crowned with olive chaplets, and wore their state dress, the trabea, with all the honourable distinctions which they had gained in battle..^ According to Livy,» this annual procession was first established by the censors Q. Fabius and P. Decius, B.C. 304 ; but, according to Dionysius," it was instituted after the defeat of the Latins near the Lake Regillus, of which an account was broughi to Rome by the Dioscuri. It may be asked, how long did the knight retain his public horse, and a vote in the equestrian cen- tury to which he belonged? On this subject we have no positive information ; hut, as those equites who served with their own horses were Only obliged to serve for ten years {stipendid, crpaTciag), under the age of 46," we may presume that the same rule extended to those who served with the public hor- ses, provided they wished to give up the service. For it is certain that in the ancient times of the Republic a knight might retain his horse as long as he pleased, even after he had entered the senatip8ius.)— 12, (Plin., II. N., xxxiii., H.1 417 EQUITES. EQUUS. inandmission, were allowed to wear it by special permission from the emperor, wtiich appears to liave been usually granted, provided the patronns con- sented.' Having thus traced the history of the equestrian order to its final extinction as a distinct class in the community, we mnst now return to the equites equo puWico, who formed the 18 equestrian centu- ries. This class still existed during the latter years of the Republic, but had entirely ceased to serve as horse-soldiers in the army. The cavalry of the Roman legions no longer consisted, as in the time of Polybius, of Roman equites, but their place was supplied by the cavalry of the allied states. It is evident that Caesar, in his Gallic wars, possessed no Roman cavalry." When he went to an interview with Ariovistus, and was obliged to take cavalry with him, we are told that he did not dare to trust his safety to the Gallic cavalry, and therefore mounted his legionary soldiers upon their horses.^ The Roman equites are, however, frequently men- tioned in the Gallic and civil wars, but never as common soldiers ; they were officers attached to the staff of the general, or commanded the cavalry of the allies, or sometimes the legions.* After the year B.C. SO, there were no censors in the state, and it would therefore follow that for some years no review of the body took place, and that the vacancies were not filled up. When Au- gustus, however, took upon himself, in B.C. 29, the praefectura morum, he ftequently reviewed the troops of equites, and restored, according to Sueto- nius,' the long-neglected custom of the solemn procession {transveclio) ; by which we are probably to understand that Augustus connected the review of the knights {recognitio) with the annual procession Ifransvectio) of the 15th of July. From this time hese equites formed an honourable corps, from which all the higher officers in the army" and the chief magistrates in the state were chosen. Ad- mission into this body was equivalent to an intro- duction into public life, and was therefore esteemed a great privilege ; whence we find it recorded in inscriptions that such a person was eqiio publico lio- noratus, exornatus, &c., by the emperor.' If a young man was not admitted into thisbody, he vvas excluded from all civil offices of any importance, except in municipal towns ; and also from all rank in the army, with the exception of centurion. All those equites who were not employed in aci tual service were obliged to reside at Rome,' where they were allowed to fill the , lower magistraciesj which, entitled a person to admission into the sen- ate. They were divided into six turmae, each of which was commanded by an officer, who is fre- quently mentioned in inscriptions as Seeir eguitum. Itnm.iturmtB i., ii., &c., or, commonly, Sevir turma. Coin of Commodus.' . I. (Diff. 40, tit. 10, s. 3.)— 2.. (Cues., Bell. Gall., i., }5.)— 3. (Id., i., 42.)— 4. (Id., vii., 70.— BeU. Civ., i., 77 ; iif., 71, &o.)— B (Ootav., 38.)— S. (Suet., Octav., 38;, Claud., 25.)— ^./(dreUi, iMcrip., Nd. 3457, 313, 122?,)- S. (Dion Cass., lix., 9.)— ?. iVid. Spanh., De PnBst. ct Usu Numism., vol. ii., u. 364.? 418 or Smir turmarum eguitum JRomanorum. From-trii time that the equites bestowed the title of prineipd juventutis upon Caius and Lucius Caesar, the grand, sons of Augustus,' it became the custom to confet this title, as well as that of Sevir, upon the proba. hie successor to the throne, when he first entered into public life and v/as presented with an eqmis publicus." The practice of filling all the higher offices in ll'( state from these equites appears to have continued as long as Rome was the centre of the governmeni and the residence of the emperor. They are men- tioned in the time of Severus^' and of Caraealla,' and perhaps later. After the time of Diocletian, the equites became only a city guard, under the command of the Praefectus Vigllum ; but they still retained, in tlje time of Valentinianus and Valens, A.p. 364, the second rank in the city, and were not subject to corporeal punishment.'^ The preceding account of the equites has been principally taken from the essay of Zumpt already referred to ; to which, and to the valuable work of Marquardt, Historia JSquilum JRomanorum libri iv.i Berlin; 1840, the reader is referred for a fuller ex- planation of those points which have been necessa- rily treated with brevity in this article. Respecting the Magister Eguitum, vid. Dictator, p. 361. EQUULEUS or ECULEUS was an instrument of torture, which is supposed to have been so called because it was in the form of a horse. We have no description of its form given by any of the ancient writers, but it appears not to have differed greatly from the crux.' It appears to have been commonly used at Rome in taking the evidence ol slaves.' *EQUUS (iTTTTof), the Horse. The native coun- try of this animal is unknown. The Horse wai highly esteemed among the Egyptians, who appear to have had an excellent breed, and, besides those required for the army and private use, many were sold to foreign traders who visited the country.' Among the Greeks, the public games, where racing formed so conspicuous a part, always inducedgreat attention to be paid to this noble animal.. The Greek horse appears to have been quite small in size, if any idea can be formed of its proportions from the bas-reliefs of the frieze of the Parthenon, forming part of the Elgin marbles. Flaxman speaks in terms of high eulogium of the manner in which these steeds are represented by the artist. " The beholder," he remarks., "is charmed with the deer- like lightness and elegance of their make; and; although the relief is not above an inch from, the background, and they are so nmch smaller than nature, we can scarcely suffer reason to persuade us that they are not alive." Horses were sold in Attica for comparatively high prices, not only on account of their utility, and the difficulty of keeping them, but from the disposition of the Athenians to extravagance and display : while the knights kept expensive horses for military service and proces- sions at the festivals, and while men of ambition and high rank trained them for the games and races, there arose, particularly among the young men, an excessive passion ibr horses, of which Aristophanes gives an example in the Clouds, and which is recorded by several ancient writers, so that many persons were impoverished by keepicg them. The price of a common horse was three 1. (Tacit., Aim., i., 3.— Monura. Ancyr.)- 2. (Capitol., M Anton. Phi'., 6.^La!nprid., Commod., 1.)— 3., (Gniter, Insorip., p. 1001,5.-,-PapiniaiiJn Dig. 29, tit. ], s. 43}— t. (Gruter, p. 379, 7.)— 5. (pofl.Theodos., 6, tit. 36.)— 6. (Cic, Pio Mil., c. 21, 'compared VittV^ceita crux," c. 22.)— 7. (Vid. Sigonius. Dfi Judiciis, iji., 17. — Ma^us, " De Equuleo," in Sallengre'^ Nov- Thesanr. Ant. Rom., vol.' ij., p. 1211, &c.)— 8. CWilkinsoii'- Eg}'ptian8, vol. i , p. 20, 2d series.) ERANOL ERICA. ■Dinas ; but a good aaddle-horse, or a horse for run- ning in -Chariotrraces, according to Aristophanes, cost twelve. minas. Sometimes, however, fashion, or fancy for horses, raised their price beyond all limits.. Thus thirteen talents were given for Bu- cephalus.' The Romans, if nature had notfurnished the horses with a proud and lofty action, used to tie rollers of wood and weights to their pastern joints, lij compel them to lift their feet, a practice particu- larly required to go safely, skilfully, and with ease Jo the rider, in the amble. This was the favourite pace with the Romans. The Greeks tried their horses by a bell, and other loud and sudden noises. Such horses as were worn out, and unfit to serve with the troops, were turned out, and, as a mark of dismission, were branded in the jaw with the figure of a circle or a wheel. Virgil says C 'at the, fleet- est steeds among the Greeks came Irom Epirus; the studs of Corinth, however, were also remark- able for their excellence, and the breed was traced back by the register-books to Pegasus, It was cus- tomary to mark horses of this breed with a koppa, on the shoulder, whence the term KOTrirana; (sc. ER'ANOI (Ipavoi) were clubs or societies estab- lished for charitable or convivial purposes, or for both. They were very common at .Athens, and suited the temper of the people, who were both so- cial ^and generous. The term Ipavoc, in the sense of a convivial party, is of ancient date.' . It resem- bled, oyri picnics, or the German pikeniks, and was alsQ called decnvov airo tntvpldoc or airb . av/iSo^^^ : where every guest brought his own dish, or (tosave trouble)) one was deputed to cater for the' rest; and was afterward repaid by contributions. (Yid. DEiPr Nojf.) Vhe dubs that were formed at Athens used to dine together at stated periods, as once a month ; and every member was bound to pay his subscrip- tion, wluch (as well as thei society itself) was called Ipavof, and the members ipaviarai. If any member failed to pay, the sum was made up by the president, ipavdpxnCi also called w/lj^pur^f Iptivow, who after- ward recovered it, if he could, from the defaulter. U^.iipavv Jpavov often means simply to pay the sub- scription, as ^^Ittelv or e/c^ATretv, to make default.*: There were also associations under this name for the purpose of mutual relief, resembling in some de-i gree our friendly or benefit societies ; bjit with this essential differencej that the reUef which they af- forded was not (as it is with us)' based upon.' any calculation of natural contingencies, but was given pro re naia, to such poor members as stood- in need of it. The Athenian societies do not appear to have kept,up,a common fund by regular : subscriptionsj though it isiprobable that the sum whicheach mem- ber was expected, to advance j in case of need,; was pretty well understood. If a man was reduced to - poverty,, or in distress.for money from any eausei, he applied to the members of , his club for assistance'; this, was called OT/lAeyero ipavov: those who advan- ced it were said hpavL^eiv avrCi : the relief was con- sideied as a loan, repayable by the borrower when in better circumstances. • i lasRus' reckons among the assets of a person, k^ kpuvov oifMiiMTa .daneKpayftir va, from which we may infer that each contributor was, entitled to recover the sum he had lent. -For the reeovepy of such loans, and for the decision of other disputes, there were ipavmal iUm, in which a summary and equitable kind of justice was ad- ministered. Plato? disapproved of lavfsuits in such matters, and would not allow them in his Republic. Saltnasius contends that, wherever the term ipa- 1. (BSckh, Publ. Econ. of Athena, vol. i., p. 101,;transl.)— 2. (Mitchell .ad Aristaph., Nnb., 23.)— 3. (Ha u., Od., i.,.226.)— 4. JD^mosth.', c. Aphob., 821 ; o. Meid.,547 \ c. Aristog., 776.)— 5. IDe Hogn HiBied., 594 1—6 (Leg., xi., p. 915.) vof is applied to an established society. It me&di only a convivial club, and that there were no regu- lar associations for the purposes of charity ; but i others have held a different opinion.' It is not probable that many permanent societies were form ed with the sole view of feasting. We know that at Athens, as well as in the other Grecian Repub- lics, there were clubs for various purposes, political as. well as social ; the members of whielk' would naturally meet, and dine together at certain periods Such were the religious companies {^laaoi), the commercial {e/i7TopiKai), and some others.' Unions of this kind were called by the general name of irai- pmf, and were often convertedto mischievous ends, such as bribery, overawing the public assembly,, or influencing courts of justice.' In. the days of' the Roman Empire, friendly societies,' under the name of ipavoi, were frequent among i the Greek cities, but were looked on with suspicion by the emperors as leading to political combinations.* . The gilds, or fraternities for mutual aid, among the ancient Sax- ons, resembled the Ipavoi of the Greeks.' Com- pare also, the uyairai^ or love-feasts of the early Christians.' . : The word Ipavoc is. often used metaphorically; to signify, any contributions or friendly advance of money. ^ *EREBINTHUS (kpi6iv0oc), a sort of small pea or vetch j Chickpea. " Of the three species or vari- : eties of the fpeSivSof noticed .by Dioscorides, the only one thatxan be satisfactorily determined," ob- serves Adams, ."is the (c/Kof,. which is undoubtedly the Cicer arietanum."^ *ERE'TRIA TERRA ('Eperptuf yH), Eretrian Earth, an impure argil, of . a snow-white colour, ob- tained near the city of Eretria, in Eubcea.' ERGA'STIILUM was a private prison attached to most Roman farms, called career rusiicus by .Ju- venal,' where the slaves were made to work in chains.i ,ilt appears to, have been usually under ground, and, according to Columellai' ought to be lighted by narrow windows, which should be too high from the ground to be touched, by the hand. Thei slaves confined in an ergastufem were also employed to cultivate the fields in chains.'" Slaves who had displeased their masters were punished, by ■ imprisonment in the. ergastulum ; and in the same place alii slaves who could not be depended upon, or were barbarous in their habits, were regularly kept. Aitruatworthy slave had the care of the ergastulum, and' was, therefore, called ergasiulariusM- Accord- ing to Plutarch," these prisons arose in consequence of the. conquest; of Italy, by the Ronians, .and the great number of barbarous slaves who were em- ployed to cultivate the conquered lands. '.In the time of Hadrian and Antoninus, many. enactments ffvere rnadc' to. ameliorate the condition of slaves ; and, among other salutary measures, Hadrian abol- ished the ergastula, which must have been hable to peat abuse in the hands of; tyrannical- masters." For farther information on the subject, vid. Brisso- niuSjAntiq. Select., u.,9. — lApsivs, .Elect., ii., 15. Opera, vol. i., p. 317, &c.^Gj)ttling, Gesch. der.Rom. 6U, applying this name to both the cultivated and the wild kind." ♦ERYNG'IUM (Tipvyyiov), the herb Eryngo, oth- erwise called Sea-holm or Sea-holly. "Eryngo," says Woodville, " is supposed to be the r/pvyyiov of Dioscbrides."" Sprengel, however, makes the ijpiyyim of Theophrastus" to be the Eryngiummari- timum, but Stackhouse prefers the Eryngium cam- peslre. .Sprengel, in his R. H. H., refers the vpvyy- lov of Dioscorides to the Eryngium planum, but in his edition of Dioscorides he admits his uncertainty about the species." *ERYTHROD'ANUM (epvepoSavov). " It can admit of no doubt," observes Adams, " that the ipvdpodavov of Dioscorides and Galen" is the Rubia I. (Cm., Bell. Civ., iii., 67.— Sallust, ap. Non., xviii., 16.— Lip- tiuB, Poliorcet., v., 4.)— 2. (Horn., Il.,vi.,433.— Theophrast., H. P.,ii., 2.)— 3. (Dioscor.. iv., 29.)^.(Theophrast., H. P., iv., 7. — ViTff., Geor^..-ii.,'120. — Adams, Append., s. v.) — 5. (Pluc . Erot., ix., ].— Pans., ix., 31, I) 3.— Athen., xiii., p. 561.) — 6 (Paus., ix., 27, ^ 1. — Compare Schol. ad Piml., Olymp., vii., 154.> —7. (H.N., xvii., 24.)— 8. (ii., 170.)— 9. (H. N., xx., 13.)— 10. {ii., 131.)— 11. (ii.. 11 ; vi , 3.) — 12. (H. N., xxviii., 15.) - 13. (BiUeibeck, Flora Classica, p. 188.)— 14. (iii., 21.)— 15. (H. P., •i., 1.)— 16. (Adams, Append., s. v.)— 17. (iii. 150.) 420 tvMtorum or dyer's Madder. Sprengel is disposed to questicfl whether the hpvBedavov of Theophras- tus' be the same, and hesitates whether to make ii the Rubia lucida, Galium crucialum, Sm., or the At- perula odorata. Stackhouse, however, holds ;t also to be the Rubia tinctorum"' *ERYTH'ROPUS (kpudponovg), a bird mentioned in the Aves of Aristophanes.^ It was most proba. bly, according to Adams, either the Redshank (Set. lopax calidris) or the Bilcock (^Rallus aquaticus') *ERYTH110NTUM {kpvBpdvwv), a plant, about which it is difficult to form any certain opinion.' Ii is most probably, however, what is called Dogs- tooth, or Erythronium Dens Canis.^ . ERYCTE'RES (kpvKrijpec) was the name given to the Spartan slaves who followed their masters to the wars, and who appear to have been, in course o( time, manumitted. The name is supposed by MiiUer to have been given to them in allusion to their duty of drawing (kpvKuv) the wounded from the ranks.' *ESCH'ARUS {saxapo;), the name of a fish briet^ ly noticed by Athenaeus, and called also jtopif. Ron- delet supposes it a species or variety of Sole, name- ly, Pteuronecles solea ' ESOPTRON (iaonrpov) (Vid. Specdlom.) ESSEDA'RII. (V'irf. EssEDA.) E'SSEDA or E'SSEDUM (from the Celtic Ess, a carriage'), the name of a chariot used, especially in war, by the Britons, the Gauls, and Belgae,' and also by the Germans." According to the account given by Caesar," and agreeably to the remarks of Diodorus Siculus," the method of using the essedum in the ancient British army was very similar to the practice of the Greeks in the heroic ages, as described by Homer, and in the article Cbekhs, p. 332, 323. The principal dif- ference seems to have been that the essedum was stronger and more ponderous than the rfi'^pof ; that it was open before instead of behind ; and that, in consequence of these circumstances and the width of the pole, the owner was able, whenever he pleas- ed, to run along the pole (rfc temone Britanno em- del"), and even to raise himself upon the yoke, and then to retreat with the greatest speed into the body of the car, which he drove with extraordinary swift- ness and skill. It appears, also, that these cars were purposely made as noisy as possible, probably by the creaking and clanging of the wheels (sirepitu rotOr rum ;" Esseda mullisonora^') ; and that this was done in order to strike dismay into the enemy. The formidable British warriors who drove these char- iots, the " car-borne" of Ossian, were called in Latin essedarii." There were about 4000 of them in the army of Cassibelaunus." Having been captured, they were sometimes exhibited in the gladiatorial shows at Rome, and seem to have been great fa- vourites with the people." They must have held the highest rank in the armies of their own country; and Tacitus" observes that the driver of the cat ranked above his fighting companion, which was the reverse of the Greek usage. The essedum was adopted for purposes of con- venience and luxury among the Romans."" Cicero" mentions the use of it on one occasion by the tribune of the people as 'a piece of extravagance ; but in the time of Seneca it seems to have been mucli 1. (vi., 1; vii., 19, &c.) — 2. (Adams, Append., s. v.)— S. (304.)— 4.) Adams, Append., s. v.)— 5. (Dioscor., iii., 134.— Ban hin, Pinax, p. 128.-^Sprengel, ad Dioscor., p. 554.— Adams, if pend., s. T.)— 6. (Athen., p. 271, F.— Mfiller, Dor., 3, iii., « 2.)- 7. (Adams, Appendr, s. v.)— 8. (Cinzrot, i., p. 377.)— 9. (Virg., Gecrg., iii., 204. — Servius, ad loc.) — 10. (Pers., vi., 47.) —It- (Bell- GaU., iv., 33.) — 12. (v., 21, 29.) — 13. (Juv., iv., 125.)- 14. (C»s., 1. c — Compare Tacit., Agric, 35.) —15. (Claud, Epigr., iv.)— 16. (Cbs., B. G., iv., 24.— Cic. ad Fam., vii., 6.)- 17. (Cks., B. G., v., 19.) — 18. (Sneton., Calig., 35. — Claud, 26.) — 19. (Agric, 12.) — 20. (Propert., ii.. 1, 76.)— M (PW1< ii., 24.) EULAI. EUPATOB.IUM. more common ; for he' reckons the sound of the " essedae transeurrentes" among those noises which did not distract him. As used hy the Romans, the essedum may have differed from the cisium in this, that the sisium was drawn by one horse (see wood- cut, p. 257), the essedum always by a pair. The sssedum must have been similar to the Covinus, except that the latter had a cover. ♦EULAI (ri/lai), Worms. This term is used by Iho Greek writers on Natural History in much the name sense, and with the same latitude, as the Latin term Vermes is applied by Cuvier and our late naturalists. " The names of worms, axd^T)^, tiXai, J/tfiJvf, in Greek, and Vermes in Latin, were employed by the ancients," observes Griffith, "to designate certain animals which to a certain degree they suited, with much more reference, however, to their elongated form of body than to the softness of their composition. But, as we have just seen, the Greeks had three words for these beings, each of which had its peculiar signification. From what Aristotle tells us of his anuKri^ (a word, the root of which is undoubtedly axo^w^, ' tortuous'), it is ev- ident that it applied to all the animals which exhib- ited the form of the common worm, or rather, per- haps, whose movements were tortuous, whatever might be the nature of the change which they were subsequently to undergo. It would seem, however, that it was more especially applied to the first de- gree of development in insects, to the state in which they appear on issuing from the egg of the parent. Aristotle certainly extends its application no farther than to insects. Such, however, is not the case with jElian. In two places of his work on the nature of animals, where this expression oc- curs, he evidently intends the lumbrici, or intesti- nal worms ; in a third, it is probable that he alludes to the caterpillar of the cabbage-butterfly ; and in a iourth, he thus designates, after Ctesias, some fab- bIous animal, although he states it to belong to the genus of those which are nourished and engendered in wood. The term eiTiai appears to have been also employed to designate the form under which some insects exist for a greater or less period of time, since we find it applied to animals which in- habit putrid flesh, and also wounds and ulcers. Its extension, therefore, was not very great. jElian likewise employs it to designate what, in all proba- hility, was a larva, when he tells us that in India the peasants remove the land-tortoises from their shell with a mattock, in the same manner as they re- move the worms from plants which are infested by them. Finally, the word SX/mvc, which is fre- quently used by Hippocrates in many of his works, and, among others, in his General Treatise on Dis- eases, was applied by him to those animals which are at present known under the denomination of intestinal worms, of which he was acquainted with but a small number of species. Aristotle has em- ployed it in the same manner, as well as .(Elian, eve- ry time that he speaks of the substances which are used to rid dogs of the Vvorms to which they are subject. The Latin authors, and Pliny among the rest, appear to have restricted the word lumbricus to the intestinal worms, and to have rendered the three Grc-k denominations hy a single one, that of Vermes, fi .^m which it has happened that the mod- erns hs-e been led to the same confusion by the word worms, which, as well as the French word vers, is evidently derived from the Latin. All the other animals, which they comprehended under the name o( Exsanguia, meaning by that term that they had not red blood, were divided into the three class- es of Insecta, Mollusca, and Zoophyta. The term Vermes did not th en possess that undue extension ' 1. (Epist., 57.) which it obtained among the naturalists of tno lart century, with whom it at last comprehended all an- imals with the exception of the Vertebrata, the In- secta, and the Crustacea.'" EUMOLP'IDAI (.MfioTimSai), the most distin- guished and venerable among the priestly families in Attica. They were devoted to the service of Demeter at Athens and Eleusis, and were said to be the descendants of the Thracian bard Eumolpus, who, according to some legends, had introduced the Eleusinian mysteries into Attica." The high- priest of the Eleusinian goddess (iepo^itj'Tiyf or fiva rayayni), who conducted the celebration of hei mysteries and the initiation of the mys'.ae, was al- ways a member of the family of the Eumolpidss, as Eumolpus himself was believed to have been the first hierophant.' In his external appearance the hierophant was distinguished by a peculiar cut of his hair, a kind of diadem {nTpoipiov), and a long purple robe.* In his voice he seems always to have affected a solemn tone suited to the sacred character of his office, which he held for life, and which obliged him to remain unmarried.' The hi' erophant was attended by four im/iehirai, one of whom likewise belonged to the family of the Eu- raolpidse.' Other members of their family do not seem to have had any particular functions at the Eleusinia, though they undoubtedly took part in the great procession to Eleusis. The Eumolpidae had on certain occasions to offer up prayers for the wel- fare of the state, and in case of neglect they might be taken to account and punished ; for they were, like all other priests and magistrates, responsible for their conduct, and for the sacred treasures in- trusted to their care.' (Compare Euthvne.) The Eumolpidffi had also judicial power in cases where religion was violated {vepl aaeSela;'). This power probably belonged to this family from the earliest times, and Solon as well as Pericles do not seem to have made any alteration in this respect. Whether the religious court acted independent of the archon king, or under his guidance, is un- certain. The law, according to which they pro- nounced their sentence, and of which they had the exclusive possession, was not written, but handed down by tradition ; and the Eumolpidae alone had the right to interpret it, whence they are sometimes called i^tiy^rai. {Vid. Exegetai.) In cases for which the law had made no provisions, they acted according to their own discretion.' Respecting the mode of proceeding in these religious courts, no- thing is known.'" In some cases, when a person was convicted of gross violation of the public insti- tutions of his country, the people, besides sending the offender into exile, added a clause in their ver- dict that a curse should he pronounced upon him by the Eumolpidae." But the Eumolpidae could pro- nounce such a curse only at the command of the peo- ple, and might afterward be compelled by the peo- ple to revoke it, and purify the person whom they had cursed before.'" *EUPATO'RIUM {evnarapiov"), a plant, the same with the Agrimony, or Agrimonia Eupatorium, Another name is Liverwort, from its being used in complaints of the liver, and hence we find it calleii in Oribasius rinaropiov. The name of Eupatorium I. (Griffith's Cuviev, vol. xiii., p. 38, seqq.)— 2. (Dirxl. Sic, i 29.— Apollod., Biblioth., iii., 15, 4 4.— Demosth., c. Neaer., 1384, •fee.)— 3. (Hesych., s. v. E4/ 15.) —7. (SchSmann, Do Comit., p. 4, transl.) — 8. (Pollux, viii., 111.)— ». (HermauUfPol. Ant. of Greece, ^ 102.) — 10. (Thirl- ■raU, ib., ii., p. 18, &c.) 423 EUTHINE. but his attempts ito remedy the evil were mjre cav culated to intimidate the people than to'salisl; them, and could, consequently, not have' any laslinc results. The disturbances which, some years aftei, arose from the attempt of Cylon, one of the Eupatri dae, who tried to overthrow the aristocrat jcal gov ernment and establish himself as tyrant^ at. length led to the legislation of §olon,by which the political power and influence of the Eupatridae as an order was broken, and property instead of birth was made the standard of ^political rights.' But as Solon^like all ancient legislatorSjabstained from abolishing anj of the leligious 'institutions, those families of the £u- patridae in which certain priestly offices. and ■fttnc. tions were hereditary, retained these distinctions down to a very late period of Grecian history^* *EUPHORBTUM (£Bjiop6ioi>), a plant-belonging to the genus Euphorbia, or Spurge. It grows wild in Africa, and is said to have been discovered by King Juba,' who gave it the name. of Euphorbiauin hon- our of his physician Euphorbus, brother to'Antoni- us Musa, the medical attendant of Augustus.* This prince also wrote a treatise on the virtues of the plant, which was in existence in Pliny'sMdays.' The Euphorbium was discovered by him near Mount Atlas. Its stem, according to Pliny,' was straight like a thyrsus, and its leaves resembled those c* the acanthus. Its odour was so powerful, that thej who collected the juice were compelled to stand al a distance. An incision was made into thestem bj means of a pole tipped with iron, and the juice which exuded was caught in a goatskin, t Ttiia juice became, on exposure to the. air, a gum-rosin resembling frankincense. Pliny spealts of it a3 a remedy against the bite of serpents. The name of this resin was also Euphorbium. '^It is stated in the Edinburgh Dispensatory," rerasirks Adam%"thal the Euphorbium is got frctai the species called Ew phorbia' anliguorum ; but cSprengel prefers the En- phmUamaritima."'' Sibthorp informs' us that the Greek fishermen, at the present day; use the iu- phorbia CAaracio* (called by them ^Ao/itff ) to. pois m the fish, but that, when caught byithese. meais, they become putrid a short time after they are taken.' EURI'PUS.- (Vid. Amphitheatrdm, p. 53.) EUTHYDIC'IA.(CT0ui5«ia). (Vid. Dick,- p. 359.) EUTHY'NE (eievvti). All public officers.at Ath- ens, especially generals, ambassadors,' the archons and their assessors, the disfitetse, priests andpriest- esses," the secretaries of the state," thei superin- tendents of public buddings, the trierarehs, and even the senate of the Five Hundred and the mem- bers of the Areiopagus, were accountable-.for their conduct, and the manner in which they acquitted themselves of their official duties. The judges in the popular courts seem to have been the only au- thorities who were notTesponsible,"for they were themselves the representatives of the people, and would, therefore, in theory, have been responsible to themselves. This account, which officers had to give after, the time of their office was over, was called ei6vvii,tmA the officers subject to it, imeiBii- vol. Every public officer had to render hie account within thirty days after the expiration of hisdflice;" and as long, as this duty was not fulfilled, the whole property of the ex-officer was in bondage, to the 1. (Aristot., Polit.,ii:,9.-^Dionys. Hal., Ant. Rom.i il , 8.- .ailiati, V. H., v., 13.)— 2. (Wachsmuth, Hellen. Alterth,, u-k p. 152. — Compare Schiimann, Antiq. Jur. Publ. Gmc, p. W (fee, and p. 77, &o.)— 3. (PUn., H. N., xxv., 7.)^4. (Plin., 1. cJ —5. (1. c.)— 6. (1. 0.)— 7. (Adams, Append., .s. v.)— ».' (BiU» heck. Flora Classica, p. 120.)^9; (Demosth.' et..fflschiii.i D» Pais. Leg.)— 10. (.Sschin., o. Ctes., p. 56, ed. Steph.)-r.ll. (Ly ias, c. Nicom.)— 12. (Aristoph., Vcsp., 646: — IMtwalctar, " Von den Dimtet.," p. 32.) — 13. (llariiocrat., Suid. et Pw* B. V. AoyitTTai and EHOuvoi.) EUTHVNE. EVOCATI. elite .' he was not allowed to travei beyond the frontiers of Attica, to consecrate any part of his property as a donarium to the gdds.i to make his will, or to pass from one family into another by adoption; no public honours or rewards, and no new office could be given to him.' If within the stated period an officer did not send in his account, aii action called uJioyiov or uloyiaf 6tiii] was brought against him.' At the time when an officer submit- ted to the eidvvij, any citizen had the right to come forward and impeach him. Those who, after hav ing fefhsed to submit to the evdivij, also disobeyed the summons to defend themselves before a court of justice, thereby forfeited their rights as citi^ lens.* It will appear from the list of officers subject to the euthyne, that it was not confined to those whose office was connected Vvith the administration of the public money, or any part of it ; but in many cases it was only an inquiry into the ' manner in which a person had behaved himself in the discharge of his official duties. In the former case the scrutiny was conducted with great strictness, as the state had various means to check and control the proceeds ings of 'its officers ; in the latter, the euthyne may in many instances have been no more than a per- sonal attendance of the ex-officer before the repre- sentatives of the people, to see whether any charge w£is brought against him. When no accuser ap- peared, the officer was honourably dismissed (ettj- arifidiifciT8ai'): After an officer had gone through theeuth'yhe, he became aveidwos-' The officers before whom the accounts were given Were in some places called evdmoi. or Tioyia- Tai, in Others i^eTaarai or am^yopoi.'' At Athens we meet with the first two of' these names, and both are mostly mentioned together ; but how far their functions differed is very uncertain. Some grammarians* state that "Koymrai was the name of the same officers who were formerly called zv6moi. But from the manner in which the Greek orators speak of them, it can scarcely be doubted that their functions were distinct. From the authorities re- ferred to by Bockh,' it seems, moreover, clear that the office of the '^yiisTai, though closely connected with that of the evSvvoi, was of greater extent than that of the latter; who appear rather to have been the assessors of the former than a totally distinct class of officers, as will be seen hereafter: All ac- counts of those officers who had anything to do with the public money were, after the expiration of iheir office, first sent in to the Xoytarai, who exam- ined them; and if any difficulty or incorrectness was discovered, or if charges were brought against an ex-offioer within the period of 30 days, the far- ther inquiry devolved upon the eidwot, before whom the officer was obliged to appear and plead his cause." If the eiSvvoc found that the accounts were unsatisfactory, that the officer -had embezzled part of the public money, that he had accepted bribes, or that charges brought against him were well founded, they referred the case to a court of justice, for which the fLcrytaral appointed the judges by lot, ' End in this court their herald proclaimed the question ' who would come forward as accuser."' The place where the court was held was the same as that to which ex-offieers sent their accounts to be e«am- I. (JSsch.. c. CUh; p. 56, StephO— 2. (.Sschin et DemostliT, Dc CoWn., J-nii i Tim., 747.)— 3. (Pollux, viii., 54.— Ilesych., Buid., Etyrc. Mag , s. v. 'AXoyiov 5iici).)— 4. (Demosth., c. Meid., a SJ2.)— i. (Del'.^fith., De Coion., 310.)— «. (Polliiit, On6m;, Tii:., 54 )— 7. (Anj'cot., Polit., vi., 5, p. 213, ed. Giittlitjg.)— 8. (Etymol. Magn. et Phot., s. v. E59uvoV.)-p9. (Staatsh., i„ p. 205, Ac.— Compare ii., p. 201, and in the Rliein. Mus., 1827, vol. i., ?. 72, f kavTjpihti^- au^tffOrjTti KT^fiaroc;, 6 de (if mofftiariv' ixuv, i^ovTir/Q ri iiKri, words which to 1. (Haipocr., s. v. — ^Pollux; Onom., viii., 95. — Buttmann, Ler- il., S60, tran5l.)--2. (Etymol. Mag., 'EJ. ifei;.— Pollux, Onom., viii., 59.)— 3. (Harpor!r.,'s.' t.-Qiniixs oiVi;.— Suidas, KafmoV Hkti.) —4. (p. 143.)— 5.(1. o.)— 6. msplMvcmplav, p 10, 16.)— 7. (c. Meitl., 540, 21 .)~8. {Bcmosth., c. MeW , 523 11.)— 9. (Demosth., a Moid., 528, 11.)— 10 (viii., 59) Hudtwalcker seem obscure, but simply mean thai if one person claimed a property as purchaser, and another as mortgagee, or as having a lien upon it, tne dispute was settled by an kSovh;; SiKi]'. In such a case, it would, of course,' be merely a civil action to try a right. EXPEDI'TUS is opposed to " impedjus,"'- and signifies unencumbered with armour or with baggage {impedimenta). Hence the light'armed soldiers in the Roman army (p. 104) were often called the Ex- pediti;" and the epithet was also applied to any portion of the army, when the necessity for haste, or the desire to conduct it with the greatest facility from place to place, made it' desirable to leave be- hind every weight that could be spared. = EXPLORATO'RES. {Vid. Specclatores.) EXSEQUI^E. (Fjd.FuNus.) EXSI'LIUM. (Yid. Banishment, Roman.) EXSUL. (Vid. Banishment, Roman.) EXTISPEX. (Fid. Haeuspex.) EXTRAORDINA'RII (interpreted by Polybiu^ and Suidasbythe Greek word 'EffUE/troi, seiecifeti) were the soldiers who were placed about the person of the consul in the Roman army. They consisted of about a third part of the cavalry and a fifth part of the infantry of the alhes, and vpere chosen by the prefects.'' ''Hence, for a legion of 4200 foot and 300 horse, since the number of the infantry of the allies Was equal to that of the Roman soldiers, and their cavalry twice as many, the number of extraordina- rii would be 840 foot and 200 horse, forming two cohorts, which are mentioned by Livy ;' or, in an army of two legions, four cohorts.'^ From the extraordinarii a body of chosen men was taken to form a body-guard for the consul. These were called aUecti {airoMKroi). Their num- ber is unrtPTtain. Lipsius conjectures that they consisted of 40 out of the 200 cavalry, and 168 out of the 640 infantry of the extraordinarii; msL'tin^ tna whole number of the ablecti in a consular army SO horse and 336 foot.' *FABA {Kvafioc), the Bean. Dioseorides' makes mention of two kinds, the Grecian and . Egyptian ('EMjivLKot: and Ai-yvjmof). The Kva/iof'EAXriviKoc is generally held to be the Vicia Faba, but there is considerable difliculty, according to Adams, in de- termining exactly the variety of it most applicable to the descriptions of the ancient bean. The most probable opinion appears to be that of Dickson, who thinks that the Faba minor of Miller, namely, the Horse-bean, answers best to the descriptions oi Theophrastus.' The Kva/j.dc klymTw^ is the Ns lumbium spcciosum. Its edible root was termed KoXoicaaia, and its fruit Ki66pwv. The ancients made a kind of bread out of beans, called dproi av- d/iivos, or panis ex faba. " Galen remarks that beans were much used by : gladiators for giving them flesh, but adds that it was not firm or com- pact. Dr. Cullen notices the nutritious qualities of these things, but omits to mention that the flesh which they form is deficient in firmness. Actirn- rius states that they. are nutritious, but dissuades from using them freely, on account of their flatu- lence. According to Gelsus, both beans and lentils are stronger food than pease. Seth agrees with Galen, that the flesh formed from them is flabby and soft. Galen directs to fry beans, or boil them with onions, whereby they will be rendered less flatuleiit.""' The bean is said to have come origi 1. (Plaut., Epid., i., 1, 79.)— 2. (Fcstus, s. v. Advditatio.)— 3 (Old. ad Fam., xv., 4.)— 4. (Polyb., vi., 23, p. 472, Casaub.)— 5 (KKxiv.,47.) — 6. (Liv., xl., 27.) — 7. (Lipsius, De Militia Roiaana ii. 7 ; v., 3.)— 8. (ii., 127.)— 9. (II. P.,viii.,9.— Id., C. P , iii.,a3.1 10. (.\damB, Comtneiitary on Paul of Jilgina, p. 102.; 427 FALSUM. FALX cally f}om Peisia.' The Romans held it in higli estimation, and Pliny assigns it the first rank among leguminous plants. Pythagoras, as is well known, proscribed beans, a prohibition which would seem to have been rather dietetic than physical or moral. The abstaining from beans was also enjoined on the Egyptians. Herodotus says that beans were never sown in any part of Egypt, and that, if some hap- pened to grow there, the Egyptians would not eat them, either crude or dressed. As for the priests, adds he, they abhor the very sight of that pulse, ac- counting it impure and abominable." The Pytha- gorean prohibition, therefore, would seem to have been of Egyptian origin. ■ FABRI are workmen who make anything out of hard materials, as fabri tignarii, carpenters, fabri terarii, smiths, &c. The different trades were di- vided by Numa= into nine collegia, which corre- spond to our companies or guilds. In the consti- tution of Servius Tullius, the fabri tignarii (jhro- »<£?*) and the fabri terarii or fcrrarii (_x<^^i^oTvnoi) were formed into two centuries, which were called the centuriae /airijm, and not fabrorurh.^ They did not belong to any of the five classes into which Ser- vius divided the people ; but the fabri tign. probably voted with the first class, and the fabri or. with the second. Livy" and Dionysius' name both the cen- luries together : the former says that they voted wiih the first class ; the latter, that they voted with the second. Cicero' names only one century of fabri, which he says voted with the first class ; but as he adds the word tignariorum, he must have recognised the existence of the second century, which we suppose to have voted with the second class.' The fabri in the army were under the command of an oflScer called pritfectus fabrum}" It has been upposed by some modern writers that there was a prajfectus fabrum attached to each legion ; and this may liave been the case. No genuine inscriptions, liowover, contain the title of preefectus fabrftm with the iiame of a legion added to it. There were also civil magistrates at Rome, and in the municipal towns, calied prasfecti fabrum ; but we know no- thing respecting them beyond their name. Thus wo find in Gruter, PH.aEF. Fabr. Rom^," Pr^sfeo- Tus Fabr. Cjer." The subject of the prsefecti fa- brum is discussed with great accuracy in a letter of Hagenbuohius, published by Orelli.'^ FA'BULA PALLIA'TA. (Yid. Com(Edia, p. 300.) FA'BULA PR^TEXTA'TA. ( Vid. Comcedia, p. 300.) FA'BULA TOGA'TA. {Vid. Comosdia, p. 300.) FACTIO'NES AURIGA'RUM. ( Vid. CiRons, p. !J56.) *FAGUS, the Beech-tree. The name is suppo- sed to be derived from the Greek ^dya, " to eat," as indicating that its fruit served for the nourish- ment of the early race of men. The fagus of Pliny is the same with that of Virgil, both writers mean- ing the beech ; but the tp^yo; of Theophrastus is a species of oak. {Vid. ^sculus.) La Gerda falls into the mistake of confounding the fagus and ^- yor-'* FALA'RICA. {Vid. Hasta.) FALCI'DIA LEX. {Vid. Legatdm.) FALSUM. The crime of falsum was the subject of a Judicium Publicum, and it was the object of a ex Cornelia (passed by Sulla), which Cicero also 1. (F*e, Flore de Virgile, p. lii.) — 2. (Herod., ii., 37.)— 3. ■Piu;., Numa, 17.)— 4. (Orelli, Inscrip., 60, 417, 3690, 4086, Ii088, 4184.)— 5. (Cic, Orat., 46.)— 6. (i , 43.)— 7. (vii., 59.)— 8. (De Rep., ii., 22.)— 9. (GOttling, Gesch. der EBin. Staatsv., p. 249.)— 10. (Cies., ap. Cic. od Att., ix., 6.— Bell. Civ., i., 24.— Veg-et,ii., ll.)-ll. (467, 7.)-12. (235, 9 )— 13. (Inscrip., vol. ii., p. 95, &c.)— 14. [T^e, Tlore de Virgilt, p. liii. — Martyn ad Virg., Eclog., 1., 1.) 428 calls testamentaria and numaria,' with reisreicie le the crimes which it was the object of the law to punish. The provisions of this lex are stated bj Paulus,' who also entitles it lex Cornelia testa- mentaria, to apply to any person " gui testamenlum quodve aliud instrumenium falsum sciens dolo melt scripscrit, reciiaverit, subjece-it, suppresserit, arruroerit, resignaverit, deleverit," &c. The punishment was deportatio in insulam (at least when Paulus wrote) for the " honestiores," and the mines or crucifixioa for the " humiliores." In place of deportatio, the law probably contained the punishment of the inter- dictio aquae et ignis. According to Paulus, tlie law applied to any instrument as well as a will, and to the adulteration of gold and silver coin, or refusing to accept in payment genuine coin stamped with th{ head of the princeps. But it appears from Ulpian {sub titulo de poena legis Cornelia testamenlariie) that these were subsequent additions made to the lex Cornelia' by various senatus consulta. By a sena- tus oonsultum, in the consulship of Statilius and Taurus, the penalties of the law were extended to the case of other than testamentary instruments. It is conjectured that, for the consulship of Statilius and Taurus, as it stands in the text of Ulpian, we should read Statilius Taurus, and that the consul- ship of Statilius Taurus and L. S. Libo (A.D. 15) is meant. A subsequent senatus consultum, in the fourteenth year of Tiberius, extended the penalties of the law to those who for money undertook the defence of a (criminal ?) cause, or to procure testi- mony ; and by a senatus consultum, passed between the dates of those just mentioned, conspiracies foi the ruin of innocent persons were comprised williin the provisions of the law. Another senatus consult um, passed A.D. 26, extended the law to those who received money for selling, or giving, or not giving testimony. There were probably other legislative provisions for the purpose of checking fraud. In the time of Nero, it was enacted against fraudulent persons {falsarii) that tabulae or written . contracts should be pierced with holes, and a triple thread passed through the holes, in addition to the signa- ture.* In the time of Nero, it was also provided that the first two parts (cera) of a will should have only the testator's signature, and the remaining one that of the witnesses : it was also provided that no man who wrote the will should give himself a leg- acy in it. The provisions as to adulterating money and refusing to take legal coin in payment were also made by senatus consulta or imperial constitutions. Allusion is made to the latter law by Arrian.' It appears, from numerous passages in the Roman writers, that the crime of falsum in all its forms was very common, and especially in the case of wills, against which legislative enactments are a feeble security.' FALX, diyn. FALCULA {upnji, Spsnavov, poet dpenuvr;, dim. Spenaviov), a sickle; a scythe; a prii- ning-knife or pruning-hook ; a bill ; a falchion ; a halbert. As Cui.TER denoted a knife with one straight edge, " falx" signified any similar instrument, the single edge of which was curved {Apiiravov eb- KafUTif ;', yofitpu; dpeirdvag •' curvte fakes ;' . curr^) was effected by whet- Btones, which the Romans obtained from Crete and other distant places, with the addition of oil or wa- ter, which the mower (fanisex) carried in a horn upon his thigh." Numerous as were the uses to which the falx was applied in agriculture and horticulture, its employment in battle was almost equally varied, though not so frequent. The Geloni were noted for its use.'' It was the weapon with which Jupiter wounded Typhon ;'* with which Hercules slew the Lernaean Hydra ;" and with which Mercury cut off the head of Argus {falcato ense;" harpen CyUenida'). Perssus, having received the same weapon from Mercury, or, according to other authorities, from Vul- can, used it to decapitate Medusa and to slay the sea-monster.'* From the passages now referred to, we may conclude that the falchion was a weapon of the most remote antiquity ; that it was girt like a dagger upon the waist ; that it was held in the hand by a short hilt ; and that, as it was, in fact, a dagger or sharp-pointed blade, with a proper falx projecting from one side, it was thrust into the flesh op to this lateral curvature (curve terms abdidit iamo). In the annexed woodcut, four examples are (elected from works of ancient art to illustrate its 1. (Cato, Df.Re Rust., 10, 11.— Pallad., i., 43.— Colum., iv., *5.)— 2. (Colum., xii., 18.)— 3. (Med. de Rois, Par., 1768, p. J08.)— 4 (De Re Rust.j iv., 25, p. 518, ed. Gesner.)— 5. (Geore., ii.,'421.)— 6. (Grat., Cyneg., 343.)— 7. (Colum., De Arbor., 10.) — S. (Hesiod, Theog., 174, 179.)— 9. (Colum., De Re Rust., ii., jtj—ia (Hesiod, Op., 573.)— 11. (Apoll. Rhod., iii., 1388.)— 12. (Phn.,H. N., iviii., 67,5.)— 13. (Claudian, De Laud. Stil., i., 110)— 14. (ApoUod., i.. 6.)— 15. (Eurip., Ion, 191.)— 16. (Ovid, Met., i., 718.)— 17. (Lucan,ix., 662-^77.)— 18. (Apollod., k, 4.— Eratosth., Catast., 22.— Ovid, Met., iv., 666, 720, 727 ; v., 69 -Brunck, Anal., iii., 157.) form. One of the four cameos here copied repie- sents Perseus with the falchion in his right hand, and the head of Medusa in his left. The tv^o smaller figures are heads of Saturn, with the falx in its original form ; and the fourth cameo, represent- ing the same divinity at full length, was probably engraved in Italy at a later period than the others, but early enough to prove that the scythe was in use among the Romans, while it illustrates the adaptation of the symbols of Saturn (Kpovo; : se nex falcifcr^) for the purpose of personifying Time (Xpoiiof), who, in the language of an ancient epi- gram," destroys all things (iii^ Speirdv^) with the same scythe.' If we imagine the weapon which has now been described' to be attached to the end of a pole, it would assume the form and be applicable to all the purposes of the modern halbert. Such must have been the asseres falcati used by the Romans at the siege of Ambracia.* {Vid. Aries, Antenna.) Sometimes the iron head was so large as to be fas- tened, instead of the ram's head, to a wooden beam, and worked by men under a testudo.' Lastly, the Assyrians, the Persians, the Medes, and the Syrians in Asia," and the Gauls Efnd Brit- ons in Europe (vid. Covinus), made themselves for- midable on the field of battle by the use of chariots with scythes, fixed at right angles (eif irTu'iytov) to the axle and turned downward, or inserted parallel to the axle into the felly of the wheel, so as to re- volve, when the chariot was put in motion, with more than thrice the velocity of the chariot itself; and sometimes also projecting from the extremities of the axle. FAMI'LIA. The word " familia" contains the same element as the word " famulus," a slave, and the verb " famulari." In its widest sense it signi- fies the totality of that which belongs to a Roman citizen who is sui juris, and therefore a paterfamili- as. Thus, in the third kind of testamentary dispo- sition mentioned by Gains,' the word " familia" is explained by the equivalent " patrimonium ;" and the person who received the familia from the testa- tor {qui a testatore familiam accipiebat mandpio) was called " familise emptor." In the same sense we find the expression " eroiscundse familiae."' But the word " familia" is sometimes limited to signify " persons," that is, all those who are in the 1. (Ovid, Fast., v., 627 ; in Ibin, 216.) —2. (Bninck, Anal., iii., 281.)— 3. (See Mariette, " Traiti des Piejres Gravies," t. ii., pi. 2, 3.) — 4. (Liv., xxxviii., 5. — Compare Cies., Bell. Gall., vii„ 22,86.— Q. Curt., iv., 19;)— 5. (Veget., iv., 14.)— 6. (Xen., Cy. rop., vi,, 1, 2.— Anab., i., 8.— Diod. Sic, ii., 5 ; xvii., 63.— Polyb., v., 53.— Q Curt., iv., 9, 12, 1?.— Aul. Gell., v., 5. —1 Mace, xiii., 2.— Veget., iii., 24.— Liv- xxxvii., 41.)— 7. (ii., 102.)— 8. (Cia, Orat,, i., 56.) 42i> FAMILIA. FARTOR. puvcer of a paterfamilias, such as his sons {flii-fa- milias), daughters, grandcliildren, and slaves. When " familia" is used in this sense, it is opposed to in- animate things ; and this seems to be the sense of the word familia in the formula adopted by the "fa- miliffi emptor" on the occasion of taking the testa- tor's familia by a fictitious purchase : " Fandliam pe- cumamgue tuam," &c. In another sense " familia" signifies all the free persons who are in the power of a paterfamihas ; and in a more extended sense of this kind, all those who are agnati, that is, all who are sprung from a common ancestor, and would be in his power if he were living. (^Vid. Coqnati.) With this sense of familia is connected the status familiae, by virtue of which a person belonged to a par- ticular familia, and thereby had a capacity for certain rights which only the members of the familia could claim. A person who changed this status ceased to belong to the famiha, and sustained a capitis diminu- tio minima. (FifZ.ADOPTio, Caput.) Members of the same family were " familiares ;" and hence famili- aris came to signify an intimafe friend. Slaves who belonged to the same familia were called, with re- spect to this relation, familiares. Generally, " famil- iaris" might signify anything relating to a familia. Sometimes "familia" is used to signify the slaves belonging to a person,' or to a body of persons (sot cietas), in which sense they are sometimes opposed to liberti," where the true reading is " liberti."" In the passage of the Twelve Tables which de- clares that in default of any heres suus, the property of the intestate shall go to the next agnatus, the word, " familia" signifies the property only : " Ag- natus proximus fandliam, kabeto." In the same sec- tion in wbich Ulpian* quotes this passage from the Twelve Tables, he explains agnati to be " cognati virilis sexus per mares descendentes ejusdem fatnUiiE," where the word " familia" comprehends only per- sons.' The word familia is also applied (improperly) to sects of philosophers, and to a body of gladiators : in the latter sense with less impropriety. A paterfamilias and a materfamilias were respect- ively a Roman citizen who was sui juris, and his lawful wife. A filiusfamilias and a filiafamilias were a son and daughter in the power of a paterfamilias. The familia of a paterfamilias, in its widest sense, comprehended all his agnati ; the extent of which term, and its legal import, are explained under Cog- nati. The relation of familia and gens is explain- ed under Gens. The five following personal relations are also com- prehended in the notion of familia : 1. Manus, or the strict marriage relation between husband and wife ; 2. Servitus, or the relation of master and slave ; 3. Patronatus, or the relation of former mas- ter to former slave ; 4. Mancipii causa, or that in- termediate state between servitus and hbertas, which characterized a child who was mancipated, by his fatlj^pr (vid. Emancipatio) ; 5. Tutela and Curatio, the origin of which must be traced to the Patria Po- testas. These relations are treated under their ap- propriate heads. , The doctrine of representation, as applied to the, acquisition of property, is connected with the doc- trine of the relations of famiha ; but, being limited with reference to potestas, manus, and municipium, it is not coextensive nor identical with the relations of famiha. , Legal capacity is also connected with the relations of familia, though not identical with, but rather distinct from them. The notions of li- beri and servi, sui juris and alieni, are comprised in the above'-mentioned relations of familia. The dis- 1. (Cic. ad Div., liv , 4.^Aii Quint., ii., Epist. 6.)— 2. (Cic, Brut., 32.>-3. (Cic. ad Fam., i., 3.)— 4. (Frag., tit. 26, i.)— 5. (Dig. 50, tit. 16, s, 195 ; 10, tit. 2.) 430 tinction of Gives, Latini, Peregrmi.are entirely un- connected with the relations of familia. Many of the relations of familia have also no effect on legal capacity, for instance, marriage as such. Thatfam ily relationship which has an influence on legal ca pacity is the Patria Potestas, in connexion Willi which the legal capacities and incapacities of filins fainilias, filiafamilias, anda wife in manu, may tie most appropriately considered.^ FAMI'LI./E EMPTOR. (Fi(Z. Famima.) FAUI'UM ERCISCUND^ ACTIO. Everj heres, who had full power of disposition over his property, was entitled to a division of the hereditas, unless the testator had declared, or the co-heredea had agreed, that it should remain in common for a fixed time. The division could be made by agree ment among the co-heredes ; but in case they could not agree, the division was made by a judex. Foi this purpose every heres had against each of his co- heredes an actio familiae erciscunda;, which, like the actiones communi dividundo, and finium regundo- rum, was of the class of Mixtse Actiones, or, as they were sometimes called, Duplicia Judicia, because, as in the familiae erciscundas judicium, each heres was both plaintiff and defendant (actor and reus) ; though he who brought the actio and claimed a jn dicium {ad judicium prmocamt) was properly the at tor. A heres, either ex testamento or ab intesldto. might bring this action. All the heredes were liable to the bonorum coUatio (vid. Bonortjm Collatio), that is, bound to allow, in taking the account of ttc property, what they had received from the testator in his lifetime, as part of their share of the hereditas, at least so far as they had been enriched by such donations. This action was given by the Twelves Tables. The word Familia here signifies the " prfrperty," at explained in the previous article, and is equivaleii! to hereditas. The meaning and origin of the verb, eiowcere, oi herc-iscere, have been a subject of some dispute. It is, however, certain that the word means " di- vision."' FANUM. {Vid.. Templum.) *FAR, Spelt; often put for corn genei;ally. Ae cording to Martyn, it is a sort of corn very like wheat ; but the chaff adheres so strongly to the grain that it requires a mill to separate \them, like barley. The/ar of the Romans was the same with the i^Eia or fea of the Greeks. " The ri^^ of Theo- phrastus, the 6\vpa of Homer, as well as the fat and adoreum of the Romans, were in all probability," says, Adams, "nierelyvarieties of Spelt." "Far was the corn Of the ancient Italians,"'remarks Mar- tyn, " and was frequently used in their sacrifices and ceremonies, whence it is no wonder that this word was often used for corn in general." The modern botanical name of Far is Triticum spelta. Dioscorides mentions two kinds of Zca ; one the simple kind, /iovokokko^, Trilicum monococcum ; the other the double, Sikokko^, Trilicum spelta. Homer makes mention of Zca, as does also Theophrastus ; the latter gives it the epithet of robust or hardy, y^hich is also applied to it by Virgil. FARTOR'(oiTCTT^f) was a slave who fattened poultry.' Donatus* says that the name was given to a maker of sausages ; but compare Becker, Cal- lus, ii., p. 190. The name of fartores or crammers was also given to the nomenclatores, who accompanied the candi- dates for the pubUc offices at Rome, and gavq them the names of such persons as they might.meet.' 1. (Savigny, System des heutjgen R6m. Rechtes, vols, i., ii*i Berlin, 1840.)— 2. (Dig. 10, tit. 2. —Cic, JDe Or^t., i., 56,— Pm CiBcina, c. 7. — Apul., Met., ix., p. 210, Bipont.)— 3. (Colum. Tiii., 7.— Hor., Sat., II., iii., 228.— Plaut., True, I., ii., 11.)— 4 (ad Terout., Eun., 11., ii., 26.)— 5. (Festus, t. y. FartpliM.>- FASCES. FASCiWIJM. i aSCES were rods bound in the fonn of a bun- dle, and containing an axe (securis) in the middle, Che iron of which projected from them. These rods were carried by lictors before the superior ma- gistrates at Rome, and are often represented on the reverse of consular coins.' The following woodcuts give the reverses ,if four consular coins; in the first of which we see the lictors carrying the fasces on their shoulders ; in the second, two fasces, and be- tween tliem a.sellacurulis; in the third, two fasces erowned, with the consul standing between thejn ; and in, the fourth, the same, ojily with no crowns Bround the, fasces. The next two woodcuts, which are taken from Uie consular coins of C. Norbanus, contain, in addi- tion to the fasces, the one a spica and caduceus, and the other a spica; caduceus, and prora. The fasces appear to have been usually made of Inrch (belulla'), but sometimes also of the twigs of the elm.' They are said to have been derived from Vetulonia, a city of Etruria.* Twelve were carried before each of the kings by twelve lictors ; and on the expulsion of the Tarquins, one of the consuls was preceded by twelve lictors with the fasces and secures, and the other by the same number of lic- tors with the fasces only, or, according to some acr counts, with crowns round them.* But P. Valerius Publieola, who gave to the people the right of prov- ocatio, ordained that the secures should be removed from the fasces, and allowed only one of the consuls to be preceded by the lictors while they were at Rome.' The other consul was attended only by a single accensus. {Vid. Accensus.) When they 'vereout of Rome, and at the head of the army, ^ ejvch of the consuls retained the axe in the fasces,, and was preceded by his own lictors as before the time of Valerius.' (Fid, CoiirstrL.) When the decemviri were first appointed, the fasces were only carried before the one who presi-| 1. (Spanh., De Prajst. et Usu Numipm., vol. ii., p. 88, 91.) — !. (PUn., JH. N., rvi., 30.)— 3. (Plant., Asin., III., ii.,29; II., ni., 74.)-4. (Sil. Ital., Yiii.,-485.— Compare Liv., i., 8.)— 5. (Di- f"JJ.,y., 2.)--6. (Cic, De Rep., i!., SI.^Val.Max., iv., I, I) 1.) ■ 7 fDionys., v..!*^.-— Liv , iixiv., 9; xxviii.. 27.) ded for the day ;' and it was not till the second de cemvirate, when they .began to act in a tyrannical maimer, that the fasces with. the, axe, were carried before each of the ten." The fasces ,and secures were, however, carried before the dictator even in the city,' and he was also preceded by 24 lictors. and the magister equitum by six. The praetors were preceded in the city, by two Uctors with the fasces,* but out of Rome an,d,at.the head of an army by six, with the fasces, and se- cures, whence they are called by the Greek vvriters ffiipori^yoj.ifaTre/ls/ceif." .,The ,pr«eonsuls also were allowed, in the time of Ulpian, six fasces..* The tribunes of the plebs, the aediles and quaestors, had no lictors in the city,' but in the provinces the quaestors were permitted to have the fasces.' The lictors carried the fasces on their shoulders, as is seen in the coin of Brutus given above ; and wlieii an inferior magistrate met one who was high- er in rank, the lictors lowered their fasces to him. This was done by; Valerius Publieola when he ad- dressed the people ;' and hence came the expression submittere fasces in the sense of to yield, to confer 3 one's self inferior, to another "• , When a general, had gained a victory,, and ha( been saluted as Imperator by his soldiers, he usual- ly crowned his fasces with laurel." FASCIA, dim. FASCIOLA, a band or fillet of cloth, worn, 1. round the head as an ensign of roy- alty" {vid. DiADEM.1. Woodcut to article Falx); 2. by women over the breast" (md. Stbophium) : 3. round the legs and. feet, especially by women., Ci- cero reproached, Clodius, for wearing fasciae upon his feet,, and the Calantioa, a female • ornament, upon his head.'.* Afterward, when the toga had fallen into disuse, and the shorter pallium was worn in its stead, so that the legs were naked and exposed, /asciiE crurales became common even with the male sex.'" The Emperor Alexander Seyerus' • always used them, even although, when in town, he wore the toga. Quintilian, nevertheless, asserts that the adoption of them could only be excused on the plea of infirm health." White fasciae, \yorn by men," were a sign of extraordinary refinement in dress : the mode of cleaning them was by .rubbing them with a white tenacious, earth, resembling out pipe-clay (/ffliciffi cremate"). The finer fasciae, worn by ladies, were purple.'" The bandages wound about the legs, as shown in the illuminations of ancient MSS.i prove that the Roman usage was generally adopted in Europe during the Middle Ages. By metaphor, the term •'fascia" was applied in •architecture to a long, fiat band of, stone, marble, oi wood. Thus the architrave of an Ionic or Corin- thian entablature consists of three, contiguous hori zontal fasciae." On the use of fascias in .the nursing of children," vide Incunabula. ,, , FA'SCINUM {paaKaviq,), fascination, enchant- ment. , The belief that some persons had the power of injuring others by their looks, was as prevalent among the Greeks and. Romans as it is among the superstitious in modern times. The bif>6a%iib^,^da- Kavo;, oic evil eye, is frequently mentioned by ancient 1. (Lit., iri., 33,)— 2. (Lit., iii., 36 )— 3. (Lit., ii., I8.)-4. (Gensorin., Be Die Natal., 24. — Cic, Agrar., ii., 34.)— 5. (Ap- J«an, Syr., 15.— Polyb., ii., 24, M; iii., 40, I) 9; 106, « 6.)— «. (Dig. 1, tit. 16, s.'l4.)— 7. (Aul. Gel., xiii., 12.)— 8. (Cic, Pro Plane, 41;)— 9. (Cic, De Rep., ii., 31.— Liv., ii., 7.— Val. Max., iT.V 1, i 1.)— 10. (Cic, Brut., 6.)— 11. (Cic ad Att., viii., 3. « S, -De DiV., i., 28.— Cse., Bell. CiV., iii., 71.)— 12. (Sueton., Jul.. 79.)— 13. (Ovid, De Ait. Amat., iii., 622.— Propert., it., 10, 48 ■J-'" Fascia-Pectoralisi" Mart;, xiv., 134.)— 14. neB., 3380—16 (^1. Lamprid., c 40.)— 17. (Inst. Or., xi., 3.)— 18. (Val. Max., 1. c— PliBdr., T., 7, 36.)— 19. (Cic ad Att., 2, 3.)— 20» (Cic, D« Harusp. Resp., SI.) — 21. (Vit., iii., 5, p. 84, ed. Sc}meiden.)w63 (Plant., True, v., 13.) 43' rASTI. FASTI. vniters.' Plutarch, in his Symposium," has a sep- arate chapter vepl tx, or the lamp. ( Yid. Luceena.) The use of torches after sunset, and the practice of cel- ebrating marriages at that time, probably led to the coiisideration of the torch as one of the necessary accompaniments and symbols of marriage. Among the Romans, the fax nuptialis," having been lighted at the parental hearth, was carried before the bride by a boy whose parents were alive.'" The torch was also carried at funerals (fax sepulchralis^'), both because these were often nocturnal ceremonies^ and because it was used to set fire to the pile. Hence the expression of FTO^eriius,""- Vivimus insignes inter utramque facem."" The torch-bearer turned away his face from the pile in setting it on fire.'* FEBRUA'RIUS. (Vid. Calendar, Roman.) FECIA'LES. (Vid. Fetiales.) *FELIS, the Cat. The a'ampoc of the Greeks is the Felis Catus, L., or Wild Cat. Some apple the term /cdrn/f to the Domestic Cat. " The com- mon Cat," observes Griflith, " is said to be origi- nally from the forests of Europe. In the savage state it is of a brown-gray colour, with transverse deeper stripes ; the tail has two or three dark bands, and the extremity is black. The genuine Wild Cat is to be found in the remote parts of Great Britain, and may be called, as Mr. Pennant remarks, thu Eng- lish Tiger. Its manners are similar to those of the Lynx, living in woods, and preying during the night on every animal it can conquer." *FEL TERR^, a name given to the herb Cen- taurium Chironia (Kevi'avpiov to fUKpov Kal Xi/ivalov), 1. (Senr. in Virg.,'.a;n., iv., 520.)— 2. (Ovid, Rem Amor., 655.) — 3. {IV., 57-61,) ^4. (H. N., xvi., 18; xviii., 26.)— S. (Aristoph., Lys., 308.— Athen., 1. o.)— 6. (Plin., H. N., lii., 2.) —7. (Menander, ed. Mein., p. 24:)— 8. (Aul. Gell., iii., 2.— Ma- crol)., Sat., i., 2.)— 9. (Cic, Pro Cluent., 6.)— 10. (Plant., Cas., i., 30. — Ovid, Epist., xi., 101. — Servins in \irg., Eclog., viii., 29.— Plin., H. N., xvi., 18.— Festns, s. v. Patrimi.)— 11 (Ovid, Epist., ii., 120.)— 12. (iv., 12, 46.) -13. iVid. also Ovid, Epist, xxi., 172. — Fast., ii., 561.— Virg.,.ffin., xi., 143.— SarTiiM, ad loc.— Tacit., Ann., iii., 4.— Son., Epjst.. 123—11., de Biev Vit 20.)— 14. (Virg., .fin., vi., 224.) FERI^. FERIA. on account of its bitterness, "'propter amariludinem trnnmam." FEMINA'LIA were worn in winter by Augustus Caesar, who was very susceptible of cold-.' Casau- bon supposes them to have been bandages'or fillets {vid. Fascia) wound about the thighs; it seems more probable that they were breeches resembling ours, since garments for the thighs' {wepiiaipiol) were worn by the Roman horsemen ;" and the column of Trajan, the arch of Oonstantine; and other monu- ments of the same period, present numerous exam- ples of both horse and foot soldiers who wear breech- es, closely fitted to the body, and never reaching much below the knees. (See woodcuts, p. 11, 78, 95.) FENESTRA. -of what might be expected to follow, he returned to Rome, and, accompanied by the rest of the fetiales, made a report of his mission to the senate. If the people,' as well as the senate, decir ded for war, the pater patratus again set forth to the border of the hostile territory, and launched a spear tipped with iron, or charred at the extremity and smeared with blood (emblematic, doubtless, of fire and slaughter) across the boundary, pronoun- cing, at the same time, a solemn declaration of war. The demand for redress and the proclamation of hostilities were alike termed darigatio, which word the Romans in later times explained by dare repe- tere ;' but Gottling^ and other modern writers con- nect it with the Doric form of /oj/wf and KJipvueiov. Several of the formulae employed on these occa- sions have been preserved by Livy* and Aulus Gel- lius," forming a portion of the Jus Feliale by which the college was regulated. The services of the fe- tiales were considered absolutely essential in con- cluding a treaty ;° and we read that, at the termina- tion of the' second Punic war, fetiales were seat over to Africa, who carried with them their own verbenas and their own flint-stones for smiting the victim: Here also the chief was texmei. pater patratus.'' The institution of these priests was ascribed by tradition, in common with other matters connected with religion, to Numa ;» and although Livy« speaks aa if he attributed their introduction to AncuS Mar- cius, yet in an earlier chapter" he supposes them to !:.ave existed in the reign of Hostilius. The whole system is said to have been borrowed from the jEqnicolae or the Ardeates," and similar usages un- doubtedly prevailed among the Latin states ; for it is clear that a formula, preserved by Livy," must have been employed when the pater patratus of the Romans was put in communication with the pater patratus of the Prisci Latini. The number of the fetiales cannot be ascertained with certainty, but some have inferred, from a pas- sage quoted from Varro by Nonius," that it amount- ed to twenty, of whom Niebuhr supposes ten were elected from the Ramnes and ten from the Titien- ses; but Gottling'* thinks it more probable that they were at first all: chosen from the Ramnes, as the Sabines were originally unacquainted with the use of fetiales. They were originally selected from the most noble families ; their office lasted for life ;" and it seems, probable that vacancies were filled up by the college {co-optatione) until the passing of the lex Domitia, when, in common with most other priests, they would be, nominated in the comitia tributa. This, however, is nowhere expressly sta- ted The etymology oi fetialis is uncertain. Varro would connect it viUhfidus a.ntlfadus; Festus with ferio orfacio; while some modern scholars suppose It to be allied to frifii, and thus il>riTtdXei.g would be orator es, speakers. In inscriptions we find both fe- tialis ani fecialis ; but since, in Greek MSS., the word always appears under some one of the forms ^TiaKeif, (jisnuksi^, ^(Tiii/lEjf, the orthography we have adopted in this article is probably correct. The explanation given by Livy" of the origin of 1. (Liv., X., 45.)— 2. (Plin., H. N., xxii,, 3.— Serv. ad Vir^., jEn., ix., S3.)— 3. (Gesohichteder R6m. Staatsverf., p. 196.)— 4. (i., 24, 32.)^5. (xvi,, 4.) -6. (Liv., ix., 5.)— 7. (Liv., nxx., 43.) —8. (Dionys., di., 71.)— 9. (i., 32.)— 10. (i., 24.)— II. (Liv. and Dionji!., 1. c.)— 12. (i., 32.)— 13. (lii., 43.)— 14. (Gesoliichts iler K»M. Stuatsverf., p. 195.)— 15. (Dionys., ii., 72.)— 16. (i., 24.) 438 the term Faler, Patratus is satisfactory : " Piun Patratus ad jusjurandum patrandum, id est, sancien, dum Jit foedus ;" and. we may at once reject the speculations of Servius' and Plutarch,'^ the formei of whom supposes that he was so called because ii was necessary that his father should ibe alive, tli« latter that the name indicated that his father waa living, and that he himself was the fathers of chil dren. , FIBULA (nepovTi, irepovU, irepovTirpig--. Topm;, in iropviQ : ivexn), a Brooch, consisting of a pin (acuji and of a curved portion furnished T^ith a hook (/(/leiV). ■ The curved portion was sometimes a cir- cular ring or disc, the pin passing across its centre (woodcut, figs. 1, 2), andsometimes an arc, thopin being as the chord of the arc .(fig. 3). Theiforms of brooches, which were commonly of , gold or bronze, and more rarely of silver,' were, however as various in ancient as in modern times ; for the fibula served imdress, not merely as a fastening, but also as an ornament.' Women wore the fibula both with the Amictds and the indutus ; men wore it with the amictus only. Its most frequent use was to pin together two parts of the scarf (Did. Chlamys), shawl, or blanket, which constituted the amictus, so. as to fasten ' it .over , the right shoulder.' (Woodcuts, p. 11, 15, 78, ,1.71, 227, 235, 244, 291.) More rarely wo see it !over the breast. (Woodcuts, p. 47, 186, 235.) The epithet irepoffopTTOf was applied to a person wearing the fibula on one shoulder only ;' for women often wore it on both shoulders. (Woodcuts, p. 96, 218, 257.) In consequence of the habit of putting on the amer tus with the aid of a fibula, it was called T^epovtiua or k/j.nep6vTifia,' izopnriiia,' or u.iintxovJi'rrtpoDflri,^}' The splendid shawl of Ulysses, describe^ in the Odyssey,'' was- provided with two small pipes, for admitting the pin of the golden brooch ; this contri- vance would secure the cloth from being torn. The highest degree of ornament was bestowed, upon brooches after the fall of the Western Empire. Jus- tin II.," and many of the emperors -who preceded him, as we perceive from the portraits oh their medals, wore upon their right shoulders fibulas, from which jewels, attached by three small chains, de- pended." It has been already stated that women often wore the fibula on both shoulders. In addition ito this, a lady sometimes displayed an elegant row of broochr es down each arm upon the sleeves of her tunic,'' examples of which are seen in many ancient stat- ues. It was also fashionable to wear them on the breast ;" and another occasional distinction of fe- male attire, in later times, was the use of the fihula in tucking up the tunic above the knee. Not only might slight accidents to the person arise from wearing brooches," but they were some- 1. (ad JEn., ii., 53 ■ \-., 14 ; xii., 206.)— 2. (Q. K., p. 127, ed Eeiske.)— 3. (Horn., Oi., xviii., 293.)--4. (^lian.V. H., i., 18.| —5. (Horn., Od., xix., 256, 257. — Eurip,, ,PhoBtt.,' 821.) — 6. (Soph., Trach., 923.— Theoorit., stiv., 66.— Ovid,iMet.v viii., 318. -Tacit., Gei-m., 17.)— 7. (Schd. in,Eurip., Hecj 933, 934.)r-S. {Theoorit., Adou., 34, 79.)— 9. (Eurip., Electt<, 8200 -'W- (Brunclt, Anal.jii.,28.)— 11. (xix., 225-231.)— 12. (CorippiM,ii, 122.) — 13. (Beger, Thes. Pal., )•. 407, 408, &o.) — 14., (Lilian V H., i., 18.)— 15. (laid., Orig., xix., 30.) — ]6. (Homi, H., t . 426) FICTILE. FICTILE. tunes u8(id, especially by females, to inflict serious injuries. The pin of the fibula is the instrument which the Phrygian women employ to deprive Po- fymnestor of his sight, by piercing his pupils,' and with which the Athenian women, having first blind- ed a man, theti despatch him." ffidipus strilces the pupils' of his own eyeballs with a brooch taken from the dress of Jocasta.' For the same reason, wepovuo meant to pierce as with a fibula (Tcproj/ffe, " pinned him"*). Very large brooches arc sometimes discovered, evidently intended to hold up curtains or tapestry. (Fid. Tapes, Vblum.) Brooches were succeeded by buckles, especially among the Romans, who called them by the same name. The preceding woodcut shows on the riglit hand the forms (/f four bronze buckles from the col- lection in the British Museum. This article of dress was chiefly used to fasten the belt {vid. Balteus) and the girdle (iiid. Zona).' It appears to have been, in general, much more richly ornamented than the brooch ; for, although Hadrian was simple and unexpensive in this as weil as in other matters of costume,* yet many of his successors were exceed- ingly prone to display bucldes set with jewels {fibu- la: gemmiLla). The terms which have niiw been illustrated as applied to articles of dress,'were also used to denote pins variously introduced in carpentiy ; e. g., the linchpins of a chariot ;' the wooden pins inserted through the sides of a boat, to which the sailors fasten their lines or ropes ;° the trenails which unite the posts and planks of a wooden bridge ;° and the pins fixed into the top of a wooden triangle, used as a mechanical engine." The practice of infibulating Singers, alluded to by Juvenal and Martial, is described in Rhodius {De Ada) and Pitiscus. FI'CTILE {livpdfLO^, Ktpdfitov, Sarpaicov, buTpuici- vov), earthenwaie, a vessel or other article made of baked clay. The instruments used in pottery {ars figulind) were the following : 1. The wheel {rpoxo^, orbis, rota, " rota figularis""), which is mentioned by Ho- mer," and is among the most ancient of all human inventions. According to the representations of it on the walls of Egyptian tombs," it was a circular tdble, placed on a cylindrical pedestal, and turning freely on a point. The workman, having Jjlaced a lump of clay upon it, whirled it swiftly with his left hand, and employed his right in moulding the clay to the reqmsile shape. Hence a dish is called "the daughter of the wheel" {Tpoxv^aTo; Kopj/^*). 2. Pie- ces of wood or bone, which the potter (KE/so/HEiif, figulus) held in his right hand, and applied occasion- ally to the surface of the clay during its revolution. A pointed stick, touching the clay, would inscribe a circle Upon it ; and circles were in this manner dis- posed parallel to one another, and in any number, iccording to the fancy of the artist. ' By having the end of the stick curved or indented, and by turning it in different directions, he would impress many beautiful varieties of form and outline upon his va- ses. 3. Moulds (/urma, Tiiirrdi"), used' either to dec- orate with figures in relief {kpoctfvira) vessels S\'hich had been thrown on the wheel, or to produce' foliage, animals, or any other appearances on AiitEFixA, on cornices of terra-cotta, and ittiitative or 'brnarfiental 1. (Eunp., Hec, tlTO.)— 2. (Hernd., v., ST.^Sohol. in Eiirip., dec, 934.)— S. (Soph., (Ed. Tyr., 1289.— Eurip'., PlicBn., 62.)— 4. -9 (Plat, Apopht.h.)~10. (Plin., H. N., ixtv.. 4ft' ntjus. FIDIStCOMMISSUM. Sctflc 1 essels as a punishment.' But, although the Romans, as they deviated from the ancient sim- Jjlicity, made a great display of the more splendid kinds of vessels, yet they continued to look upon pottery not only with respect, but even with vener- ation.' They called to mind the magnanimity of the consul Curius, who preferred the use of his own eartlienware to the gold of the Samnites ;' they reckoned some of their consecrated terra-cot- tas, and especially the above-mentioned quadriga, among the safeguards of their imperial city ;* and, bound by old associations and the traditions of their earliest history, they considered earthen vessels proper for religious ceremonies, although gold and silver might be admitted in their private entertain- ments ;' for Pliny says' that the productions of this class, " both in regard to their skilful fabrica- tion and their high antiquity, were more sacred, and certainly more innocent, than gold." Another term, often used as synonymous with fictile, was testa. (Vid. CuLix, Dolium, Later, Pa- tera, Patina, Tesula.) FICTIO. Fictions m Roman law are like fic- tions in English law, of which it has been said that they are "those things that have no real essence in their own body, but are so acknowledged and ac- cepted in law for some especial purpose." The fic- tions of the Roman law apparently had their origin in the edictal power, and they were devised for the purpose of providing for cases where there was no legislative provision. A fiction supposed something to be which was not ; but the thing supposed to be was such a thing as, being admitted to be a fact, gave to some person a right, or imposed on some person a duty. Various instances of fictions are mentioned by Gains. One instance is that of a person who had obtained the bonorum possessio ex edicto. As he was not heres, he had no direct ac- tion : he could neither claim the property of the de- funct as his (legeil) property, nor could he ciaim a (i.3l3t due to the defunct as his (legal) debt. He therefore brought his suit {intendit) as heres (ficto se herede), and the formula was accordingly adapted to the fiction. In the Pubhciana Actio, the fiction was that the possessor had obtained by usucapion the ownership of tho thing of which he had lost the possession. A woman by coemptio, and a male by being adrogated, ceased, according to the civil law, to be debtors, if they were debtors before ; for by the coemptio and adrogatio they had sustained a capitis diminutio, and there could be no direct ac- tion against them. But as this capitis diminutio might be made available for fraudulent purposes, an actio utihs was still allowed against such persons, the fiction being that they had sustained no capitis diminutio. , The formula did not (as it appears from Gains) express the fiction as a fact, but it ran thus : ff it shall appear that such and such are the facts vthe facts, in issue), and that the party, plaintiff or defendant, would have such and such a right, or be liable to such and such a duty, if such and such other facts (the facts supposed) were true ; et re- liqua.' It was by a fiction that the notion of legal capacity was extended to artificial persons, that is, to such persons as were merely supposed to exist for legal purposes. (Vid. Collegidm, Fiscns.) Numerous instances of fictions occur in the chapters entitled Juristische Personen in Savigny's recent work, enti- tled System des heut R. R., vol. ii. *FlCUS,the Fig-tree (.avKJj), and also its fruit {av- .. (Athen., vi., p. 229., C— Id., ;ci., 464, A.— Id., 483, C, D.) —8. (Ovid, Met., riii., 690.— Cic. ad Att., vi., 1 — Juv., iii., 166.— Id., X., 25.)— 3. (Flonis, i., 18 .)— 4. (Serv. ad Virg-., En., Tji., 188.)— 5. (Ter.'ull., I. c.l— 6. (H N., hit, 46.] -7. (Gaiua, IT 32, i&c.) Kkk Kov). " The avKJi of Theophrastus and Uioscurideii is properly the Ficas Carica. The wild Fig-tree is called kpivEog by Homer, and Eustathius, the com- mentator on that poet, describes pretty accurately the process of caprification. The avKf/ Aijvirrtn, called also Kspovta, is the Ficus Religiosa, according to Stackhouse ; Schneider, however, makes it the Ceratonia Siliqua, L., or Carob-tree. The (thk?/ 'Xyie^avSpla is the Pyrus Amelanchicr according to Sprengel, but the Loniccra Pyrenaica according fc Stackhouse. The avu^ 'IvSik^ is the Fims InUca, or Banyan, according to Sprengel, but, as Stack- house maintains, the Rhizophora Mangle, or Man- grove.' The Banyan, or Indian Fig-tree, is noticed by Theophrastus, Pliny, Strabo, Solinus, Diodorus Siculus, Quintus Gurtius, Arrian, and Athenaeus This tree forms a conspicuous object in Hindu mythology. The branches, after projecting to a certain distance, drop and take root in the earth These branches, in their turn, become trunks, and give out other branches, and thus a single tree forms a little forest." "The fi;:," says Adams, in his Commentary on Paul of Mgvm, " was a great fa- vourite %vith the ancients. Galen states that it is decidedly nutritious, but that the flesh foi-med from it is not firm and compact, like that from pork and bread, but soft and spongy, lite that from beans. He says that figs increase the urinary and alvine discharges. Galen speaks doublftiUy of dried figs." FIDEICOMMISSUM may be defined to be a tes- tamentary disposition, by which & person who gives a thing to another imposes on hiui the obligation of transferring it to a third person. The obligation was not created by words of ii:-^fi\ binding force {civilia verba), but by words of request (precativi), such as " fideioommitto," " peto," " volo dari," and the like ; which were the operative words (verba utilia). If the object of the fideicommissuas was the hereditas, the whole or a part, it was called fideicommissaria hereditas, which is equivalent to a universal fideicnmmissum ; if it was a single thing or a sum of money, it was called fidsicom- missum singute rei. The obligation to transfer the former could only be imposed on the heres ; the ob- ligation of transferring the latter might be imposeJ on a legatee. By the legislation of .Justinian, a fideicommissam of the hereditas was a universal succession ; but before his time the person entitled to it was some- times "heredis loco," and sometimes "legatarii loco." The heres still remained heres after he had parted with the hereditas. Though the fideicom- missum resembled a vulgar substitution, it differed from it in this : in the case of a vulgar substitution, the substituted person only became heres when the first person named heres failed to become such ; in the case of the fideicommissum, the second heres had only a claim on the inheritance when the per- son named the heres had actually become such. There could be no fideicommissum unless there was a heres. The person who created the fideicommissum must be a person who was capable of making a will; but he might create a fideicommissum with- out having made a will. The person who was to receive the benefit of the fideicommissum was the fideicommissarius ; the person on whom the obliga- tion was laid was the fiduciarius. The fideicom- missarius himself might be bound to give the fidei- commissum to a second fideicommissarius. Origi- nally the fideicommissarius was considered as a pur- chaser (emptoris loco) ; and when the heres trans- ferred to him the hereditas, mutual covenants (can- tiones) were entered into, by which the heres was 1 (Adams, Append., b. v. ct}Kli.'i iAl FIUEICOM'MISSUM riDEICOMMISSU». not to be a iswerable for anything which he had been bound to do as heres, nor for what he had given bona fide; and if an action was brought against him as heres, he was to be defended. On the other hand, the fideicommissarius {qui recipiebat kercditatem) was to have whatever part of the he- reditas might still come to the hands of the heres, and was to be allowed to prosecute all rig;hts of action which the heres might have. But it was enacted by the senatus consultum Trebelliannm, in the time of Nero, that when the heres had given up the property to the fideicommissarius, all right of action by or against the heres should be transferred to the fideicommissarius. The praetor accordingly gave utiles actiones to and against the fideicom- missarius, which were pro[nulgated by the edict. From this time the heres ceased to require from the fideicommissarius the covenants which he had for- merly taicen as his security against his general lia- bilities as heres. As fideicommissa were sometimes lost because the heres would not accept the inheritance, it was enacted by the senatus consultum Pegasianum, in the time of Vespasian, that the fiduciarius might re- tain one fourth of the bereditas, and the same pow- er of retainer was allowed him in the case of single things. In lliis case the heres was liable to all debts and charges (onera hereditaria) ; but the same agreement was made between him and the fidei- commissarius which was made between the heres and the legatus partiarius, that is, the profit or loss of the inheritance was shared between them ac- cording to their shares {pro rata parte). Accord- ingly, if the heres was required to restore not morei than three fourths of the hereditas, the senatus consultum Trebelliannm took effect, and any loss was borne by him and the fideicommissarius in pro- portion to their shares. If the heres was required to restore more than three fourths or the whole, the senatus consultum Pegasianum applied. If the heres refused to take possession of {adire) the he- reditas, the fideicommissarius could compel him, by application to the praetor, to take possession of it, and to restore it to him; but all the costs and charges accompanying the hereditas were borne by the fideicommissarius. ' Whether the heres was sole heir {ex asse), and required to restore the whole or a part of the he- reditas, or whether he was not sole heir {ex parte), and was required to restore the whole of such part, or a part of such part, was immaterial : in all cases, the S. C. Pegasianum gave him a fourth. By the legislation of Justinian, the senatus consul- ta Trebellianum and Pegasianum were consolidated, and the following rules were established : The heres who was charged with a universal fideicommissum always retained one fourth part of the hereditas, now called Quarta Trebellianica, and all claims on behalf of or against the hereditas were shared be- tween the fiduciarius and fideicommissarius, who was considered heredis loco. If the fiduciarius suf- fered himself to be compelled to take the inheritance, he lost his Quarta, and any other advantage that he might have from the hereditas. ' If the fiduciarius was in possession, the fideicommissarius had a per- sonal actio ex testamento against him for the he- reditas. If not in possession, he must at least ver- bally assent to the claim of the fideicommissarius, «'ho had then the hereditatis petitio fideicommissa- ria against any person who was in possession of the property. The Quarta Trebellianica is, in fact, the Falcidia , applied to the case of universal fideicommissa. Ac cordingly, the heres only was entitled to it, and not a fideicommissarius, who was himself charged with a fideicfimmissuin.' If there were several heredes 442 charged with fideicommissa, each was entitled Iq'h : quarta of his portion of the hereditas. The herc! was entitled to retain a fourth out of the hereditas not including therein what he took as legatee. The fiduciarius was bound to restore the hereiij. tas at the time named by tlie testator, or, if no lime was named, immediately after taking possession of it. He was entitled to be indemnified for all piopa costs and charges which he had sustained witli re. spect to the hereditas ; but he was answerable foi any damage or loss which it had sustained through his culpa. Res singulse might also be the objects of a fidei commissum, as a particular piece of land, a slaTe,a garment, piece of silver, or a sum of moiifey; and the duty of giving it to the -fideicommissarius itiiglit be imposed- either on the heres or on a legatee, In this way a slave also might receive his liberty, and the request to manumit might be addressed eithei to the heres or the legatarius. The slave, when manumitted, was the libertus of the person who man- umitted him. There were many differences betweec fideicommissa of single things and legacies. A per- son about to die intestate might charge his heres with a fideicommissum, whereas a legacy could onlj be given by a testament, or by a codicil which was confirmed by a proper declaration of the testator in a will ; but a fideicommissum could be given by a simple codicil not so confirmed. A heres instHuted by a wiir might be requested by, a codicil, not so confirmed as above, to transfer the whole hereditas, or a part, to a third person.- A woman who was prevented by the provisions of the Voconia lex from taking a certain hereditas, might take it as a fidei- commissum. The Latini, also, who were prohibited by the lex Junia from taking hereditates and lega- cies by direct gift {directo jure), could take by fidei- commissa. It was not legal to name a person ai heres, and also to name another who, after the deall of the heres,' should become heres ; but it was law- ful to request the heres, on his death, to transfer the whole or a part of the- hereditas to another. In this way a testator indirectly exercised a testaBientary ipower over the property for a longer period than the law allowed him to do directly. A man sued for a legacy per formulam ; but he sued for a fideicom- missum before the consul or prstor for fideicommis- sa at Rome, and in the provinces before the prasses. A fideioommissum was valid if given in the Greek language, but a legacy was not until a late period. It appears that there were no legal meanS'of en- forcing the due discharge of the trust called fidei- commissum till the time of Augustus, whb gave the consuls jurisdiction in fideicommissa. In the time of Claudius, prsetores fideicommissarii were appoint- ed : in the provinces, the prassides took cognizance of fideicommissa. The consuls still retained their ju- risdiction, but only exercised it in important cases.' The proceeding was always extra ordinem.' Fidei- commissa seem to have been introduced in order to evade the civil law, and to give the hereditas, or a legacy, to' a person who was either incapacitated from taking directly, or who could not take as much as the donor wished to give. Gaiusi when observ- ing that peregritli' couM take fideicommissa, ob- serves that " this" (the object of evading'-thc law) "was probably the origin of fideicommissa;" bul by a senatus consultum made in the titne of Ha- drian, such fideicommissa were claimed by the fis- cus. They are supposed to be the commendationes mortuorum mentioned by Cicero.' We have an example in the case of Q. P. Rufus,* who, being in exile, was legally incapacitated from taking anything under the will of a Roman citizen, but could claim 1. (Quinti . Instit., iii.,8.)— 2.(Gaiu8, ii., 228.— 'tllli., Fraj., tit. 25, 8. 13 '- .3. (De Fin., iii. 20 \—i. (Val. Max., iv., 2, 9 nux . i-'IMbRLi;. It from his mother, who was the heres fiduciarius. They were also adopted in the case of gifts to wom- en, ill order to evade the lex Voconia (vid. Voconia Lki), and in the case of proscribed persons ;* ineer- ta! personae; Latini, peregrini, ocelibes, orbi. ^ But the senatus considtum Pegasianum destroyed the capa- 3ity of ocelibes and orbi to take fideicommissa, and gave them to those persons mentioned in the will who had children, and in default of such to the po> imlua, as in the case of hereditates and legata-. I Vid. B(pna Oadoca.) Municipia could not take as heredes (»«d. Collbgidm) ; but by the senatus con- sultum Apronianum, which was probably passed in the time of Hadrian, they could take a fideioommis^ Ba hereditas." {Vid. Hereditas.) Fideicommissa were ultimatelyassimilated to legacies.. (.Vid. Le- SATHM.)' FIDEJU'SSIO.: (Vid. Inteecessio.; FIDEPRO'MISSIO. (Fid. Inteecessio.) FIDES. (Vid Lyea.) FIDrCUL.5t7r(5a.) — 7. (Ant. d'Ercolano, S., 60.)— 6. (Alciph., iii., 47.)— 9. (Brunck., Anal., ii., 306.)— a (Arintoph., Ran., 360.— Cic, Pro Flacc, 23.)— 11. (Hor., Bpod., iv.,3.— lohn, ii., 15.)— 12. (Hot., Epist., i., 16, 47.)— 13. (Anacr., p. 357, ed. Fischer.)— 14. (Plant., Most., iv., 1, 26.)— IS (Vol. Flicc., viii., 20.)— 16. (Hor., Sat., i., 3, 119.)— IT. (Sjfh, AjiT, 241.)— 18. (Plin., H. N., xviii., 30.— Hieron. in Isa., xxviii., 27.)— 19. (Horn., II., passim. — Mart., xiv., 55.)— 20. (Xen., Do Ho Equestr., viii., 4.— Id. ib., i., 1.)— 21. (Horn., 11., I., 500. — Id. ib., xix., 395.)— 22. (Cod. Theodos., ii.)— 23. (Xen, De Lao. Eep., ii., 2.— Mart., x., 61.)— 24. (Plin., H. N., ix., 39.— Isid., Orig., v., 27.)— 25. (Herod., vii., 22, 56, 103, 223. —Xen., Anab., iii., 4, 1) 25.)— 26. (Catull., xxi., 12.— Val. Max., vi., I, 13.)— 27. (Xen., Hell., iii., 3, II.)— 28. (Xen., Cyrop., i., 4, 13.)— 29. (Aristoph., Pao., 451.)— 30. (Juv., vi., 382.)— 31. (Hor., 1. o.)— 32. (Atheii , iv., 38.)— 33. (Isid., 1. c— 3 Chroli., > 11 ) upon the naked back of the sufferer' was sometiniei fatal," and was carried into execution by a class of persons, themselves slaves, who were called lorarii. It appears that there was another class, who sub- mitted to be thus whipped for hire.' A slave who had been flogged was called flagrio {f^acniyiM;*), which, of course, became a term of mockery and contempt. During the Saturnalia the scourge was deposited under the seal of the master.' 9. In the contests of gladiators," two of whom seem to be represented on the coin here introduced. {Vid. woodcut.) 10. In the worship of Cybele, whose priests pretended to propitiate her, and excited Hie corapassion and reverence of the multitude by flog- ging themselves with scourges such as that here represented, from a bas-relief of this goddess in the museum of the Capitol at Rome. They were strung with tali {aarpayaXoi) from the feet of sheep,' and resembled the scourges employed to punish slaves. 11. In the hands of Bellona and the Furies.* FLAMEN, the name for any Roman priest who was devoted to the service of one particular god (DlVISQHE ALUS ALII SACERDOrES, OMNIBUS PONTIFI- CES, siNGDLis Fi.AMiNEs suNTo"), and who reccived a distinguishing epithet from the deity to whom ho ministered. {Horum, sc. flaminum, singuli cogno- mina habent ab eo deo quoi sacra faciunt.^") The most dignified were those attached to Diiovis, Mars, and Quirinus, the Flamen Dialis, Flamen Marlialis, and Flamen Quirinalis. The first two are said by Plu- tarch" to have been established by Romulus ; but the greater number of authorities agree in referring the institution of the whole three, in common with all other matters connected with state religion, to Numa.'" The number was eventually increased to fifteen :" the three original flamens were always chosen from among the patricians, and styled Ma- jores ;'* the rest from the plebeians, with the epithet Minores." Two rude lines of Ennius'" preserve the names of six of these, appointed, says the poet, hv Numa: " Volturnalem, Palatualem, Furinalem, Floralemque, Falacrem et Pomonakm fecit Hie idem " to which we may add the Flamen Volcanalis" and the Flamen Carmentalis.^' We find in books of an- tiquities mention made of the Virhialis, Laurentialit, Lavinalis, and Lucullaris, which would complete the list ; but there is nothing to prove that these four were Roman, and not merely provincial priests. It is generally stated, upon the authority of Aulus Gellius," that the flamens were elected at the Com- 1. (Juv., I. c.)— 2. (Hor., Sat., i., 2, 41.)— 3. (Festus, s. v. Flagi-atores.) — 4. (Philemon, p. 415, ed. Mein.— Aristoph., Ran., 502.— Equit., 1225.— Lys., 1242.—" Mastijia :" Plautus, passim. — Ter., Adelph., v., 2, 6.)— 5. (Mart., xiv., 79.)— 6. (TertuU., Apoll., 21.)— 7. (Apul., Met., viii.)— 8. (Virg-., .ffin., vi., 670,- " Sanguineo flagello :" viii., 703.— Val. Flacc, 1. c.)— 9. (Cic, De Leg., ii., 8.) — 10. (Varro, De Ling. Lat., v., 84.) — 11. (Num., ".)— 12. (Liv., i., 20.— Dionys., ii., 64, &c.)— 13. (Fest., B. v. "Maximse dignationis.") — 14. (Gaius, i., 112.) — 15. (Fest., 8. V. " Majores Flamines.") — 16, (Van'o, De Ling. Lat., vii., 44.) —17. (Vairo, De Ling Lat., v., 84.)— 18. (Cic, Brut., 11)— 19 (it., S7.) 445 fLAMEN. fLAMEN. tia Curiata, and tiiis was doubtless the case in the earlier times ; but, upon examining the passage in question, it will be seen that the grammarian speaks of their induction into office only, and therefore we may conclude that subsequently to the ; passing of Ihe Lex Domitia they were chosen in the Comitia Tributa, especially since so many of -them were plebeians. After being nominated by the- people, they were received (cap* j) and installed (iMaMgrMra- bantur) by the PontifeX'Maximus,' to whose author•^ ity they, were at all times subject;" The office was understood to last for life ; but; a flamcn might be compelled to resign {flaminio abire) for a breach of duty, or even on account of the oc- currence of an ill-omened accident while dischar- ging his functions." Their characteristic dress was the apex {vid. Apex), the lana {vid. L^.n.4), and a laurel wreath. The name, according to Varro and Festus, was de- rived from the band of white wool {filuni, filamen, flamen) which was wrapped round the apex, and which they wore, without the apex, when the heat was oppressive.* This etymology is more reason- able than the transformation of jiilcamines (from pi- leus) into Jiamines.' The most distinguished of all the flanjens was the Dialis ; the lowest in rank the Pmnonalis.' The former enjoyed many peculiar honours. When a vacancy occurred; three persons of patri- cian descent, whose parents had been married ac- cording to the ceremonies of confarreado (»id. Mar- hiaoe), were nominated by the Comitia, one of whom was selected ' {ca/ptus), and consecrated (in- augurabatwr) by the Pontifex Maximus.' From that time forward he was emancipated from the control of his father, and became sui juris.' He alone, of all priests, wore the albogdems (vid, Aleus Galerhs') ; he had a right to a lictm,^9 to the toga P'-tetexta, the sella curulis, and to a seat in the sen-: ate in virtue of his office. This last privilege, after having been suflTered to fall into disuse for a long period, was asserted by C. Valerius Flaccus (B.C. 209), and the, claim allowed, more, however, says Livy, in deference to his high personal character than from a conviction of the justice of the de- mand.'- The Rex Sacrificulus alone was entitled to recline above him at a banquet : if one in bonds took refuge in his house, the chains were immedi- ately struck otr, and conveyed through the impluvium to the roof, and thence cast down into the street ;" if a criminal on his way to punishment met him, and fell suppliant at his feet, he was respited for that day ;" usages which remind us of the right of sanctuary attached to the persons and dwellings of the papal cardinals. To counterbalance these high honours, the Dialis was subjected to a multitude of restrictions and privations, a long catalogue of which has been com- piled by Aulus Gellius" from the works of Fabius Pictor and Masurius Sabinus, while Plutarch, in his Roman Questions, endeavours to explain their im- port. Among these were the following : It was unlawful for him to be out of the city for a single night ;" p regulation which seems to have been modified by Augustus, in so far that an ab- sence of two nights was permitted ;" and he was forbidden to sleep out of his own bed for three nights consecutively. Thus it was impossible for him to 1. (Lit., ixvii., 8.— Id., Mix., 38.— Vnl. Max., VI., ix., 3.)— 2. (Lit., Epi;., xix.— Id., xxxrii., 51.— Val. Max., I., i., 2.)— 3. (Val. Max., I., i., i.)—i. (Serv. ad Virg., .Sn., viii., (i64.)— 5. (Plutar^, Num., 7.)— 6. (Festos, s. v. Maxim£e dignationis.) — 7. (Tacit., Am., IT., 16.— Lit., xxtu., 8.)— 8. (Gains, i., 130.— TJIpian, Frag., ix., 5. — Tacit., Ann., iT., 16.)— 9. (Varro np. GeU., x.,15.)— 10. (Hut., Q. R., p. 119, ed. Reiske.)- 11. (Liv., xxvii. 8.— Compare i., 20.)^12. (Aul. Gell., x., 15.)— 13. (Aul. GeU., X., 15.— PIut.,Q. B.,p.l66.)— 14. (x.,15.)— 15. (I.iT.,T., 52.1— 16. (Tacit, Ann., iii, 58, 71 ) 446 undertake the government of a province. He migh not mount upon horseback, nor even touch a aorae, nor look upon an army marshalled without the po. mcerium, and hence was seldom electedito the con- sulship. Indeed, it would seem that originally he was altogether precluded from seeking or acceptinir any civil magistracy ;' but this last prohibition vraj certainly not enforced in later times. Theobjecl of the above rules was manifestly to make him lit. erally Jovi adsiduwm sacerdotem ; to compel constant attention to the duties of the priesthood ; to leave him in a great measure without any temptation to neglect them. The origin of the superstitions which we shall next enumerate is not so clear, but the on- rious will find abundance of speeulation in Plu- tarch,' Festus," and Pliny.* He was not allowed to swear an oath, nor to wear a ring !' nisi pernio et casso," that is, as they explain it, unless plain and without stones ;' nor to strip himself naked in tto open air, nor to go out without his proper headdress, nor to have a knot in any part of his attire, nor to walk along a path overcanopied by vines. He might not touch flour, nor leaven, nor leavened bread,, nor a dead body; he might not enter a bustum (md. Bostdm), but was not prevented from attending a funeral. He was forbidden either to touch or to name a dog, a she-goat, ivy, beans, or raw Hash. None but a free man might cut his hair ; the clipj pings of which, together with the parings of his nails, were buried beneath afelixarior.- No one might sleep in his bed, the legs of which were smeared with fine clay ; and it was unlawfulito place a box containing sacrificial cakes ia contact with the bedstead. Flaminica was the name given to the wife of the dialis. He was required to wed a virgin according to the ceremonies of confarreatio, which regulation also applied to the, two other flamines majores;' and he could not marry a second time. Hence* since her assistance was essential in the perform- ance of certain ordinances, a divorce was not per- mitted, and if she died the dialis was obliged to re- sign. The restrictions imposed upon the flaminica were similar to those by which her husband was. fettered.' Her dress consisted of a dyed robe (»«- nenato operilur) ; her hair was plaited up with a purple band in a conical form (tutulum) ; and she wore a small square cloak with a border , «a), to which was attached a slip cut from- ajehi arbm.^ It is difficult to determine what thenca realLv.was : whether a short cloak, as appears most probable, or. a napkin thrown over the head> She was proh'Wtr' ed from mounting a staircase consisting of more than three steps (the text of Aulus .Gellius J? uncer- tain, but the object must have been to prevent her ankles from being seen); andwhen she went to the argei (md. Arsei), she neither combed nor arranged her hair. On each of the nundinse a ram was sacrificed to Jupiter in the regia by the flamin- ica.' After the death of the flamen Merula, who was chosen consul suflectus on the expulsion of Cinna,'" and who, upon the restoration of the Marian faction, shed his own blood in the sanctuary (B.C. 87), calling down curses on his enemies with his dying breath," the priesthood remained vacant until the consecra- tion of Servius Maluginensis .(B.C. 11) by Augustus, then Pontifex Maximus. Julias Caesar had, indeed, been nominated in his 17th year, but was never in- stalled ; and during the whole of the above period, 1. (Pint., Q. R., p.ie9.)^2: (Q. II., p. 114, 118, 164-170.)- 3. ( s. T. Edera and' Equo.) — 4. (II. N., xtiii., 30.^11).,, iiviii, 40.)— 5. (Kiichmann, De Annulis, p; 14.)— 6. (Serv. ad Virg., jEu., iv., 104, 374.— Gains, ii, 112.)— 7. (Aul. GeU., x., 15.)-8 (Fest., s. T. Tutulum, Rica. — Varro, De Ling. Lat., vit, MJ —9. (Macrob., i., 16.)— 10. (VeUeins, ii., 20.— Val. Max., IX- xii., 5.)— 11. (VeUeius, ii., 22.) FLORALIA. FOCUS me duties of the office were discharged by the Pon- tifex Maximus.' The municipal towns also had their flamenSi Thus the celebrated affray between Milo and Glo- dius took place while the former was on his way to Lanuvium, of which he was theh dictator, to de- clare the election of a flamen (adflaminem proden- dum). After the deification of the emperors, fla- mens were appointed to superintend their worship in Rome and in all the provinces ; and we find con- stantly in inscriptions such titles as Flamen Auqus- TALis ; Flamen Tibeeii C^saris ; Flamen D. Jo- in, &c., and sometimes Flamen Divoeum Omnidm 'sc. imperatorum). Flaminia, according to Festus and Aulus Gel- lius," was the house of the Flamen Dialis, from which it was unlawful to carry out fire except for sacred purposes. - Flaminia, according to Festus, was also a name given to a little priestess {saeerdotula), who assisted iheflaminica in her duties. COIN OF FLAMEN MAKTIALIS.' FLAMMEUM. (Frf. Maekiage.) FLORA'LIA, ov Florales Ludi, a festival which was celebrated at Rome in honour of Flora or Chlo- ris. It was solemnized during five days, beginning on the 28th of April and ending on the 2d of May.* It was said to have been instituted at Rome in 238 B.C., at the command of an oracle in the Sibylline Books, for the purpose of obtaining from the god- dess the protection of the blossoms (ut omnia bene dejtorescerent^). Some time after Its institution at Rome its celebration was discontinued ; but in the consulship of L. Postumius Albinus and M. Popil- ius Lsenas (173 B.Q.), it was restored, at the com- mand of the senate, by the aedile C. Servilius,* as the blossoms in that year had severely suffered from •^cinds,, hail, and rain. The celebration was, as isual, conducted by the aediles,' and was carried on witti excessive merriment, drinking, and lasciv-, ious games.' From Valerius Maximus we learn that theatrical and mimic representations formed a prin- cipal part of the various amusements, - and that, it was customary for the assembled people on this oc- casion to demand the female actors to appear naked upon the stage, and to amuse the multitude with their indecent gestures and dances. This indecen- cy is probably the only ground on which the absurd story of, its origin, related by Lactantius,' is found- ed. Similar festivals, chiefly in spring and autumn, are in southern countries seasons for rejoicing, and, as it were, called forth by the season of the year itself, without any distinct connexion with any par- ticular divinity ; they are to this day very popular in Italy," and in ancient times we find them celebrated from the southern to the northern extremity of Ita-, ly.' (Fid. Anthesphoria.) The Floralia Wvjre on ginally festivals of the country people, which were afterward, in Italy as in Greece, introduced into the towns, where .they naturally assumed a more dis- solute and licentious character, while the country people continued to celebrate them in their old and merry, but innocent manner. And it is highly prob- able that such festivals did not become connected with the worship of any particular deity until a com- paratively late period.'' - This would account for the late introduction of the iFloralia at Rome, as well as for the manner in which we find them celebra- ted there." FOCA'LE, a covering for the ears aijd neck, made of wool, and worn by infirm and dehcate per sons.* FOCUS, dim. FO'CULUS (ian'a : kaxdpa, iaya- pjf, dim. kaxdpiov), a fireplace, a hearth, a brazier.- The fireplace, considered as the highest member of an altar, is described under Aka, p. 77. Used by itself, it possessed the same sacred character, being, among the Romans, dedicated to the Lares of eacii family.' It was, nevertheless, made subservient to all the requirements of ordinary life.' It was some- times constructed of stone or brick, in which case it was elevated only a few inches above the ground, and remained on the same spot; but it was als>i frequently made of bronze, and.it was then various- ly ornamented, and was carried continually from place to place. This movable hearth or braaier was properly called foculus and kaxdpa. One is shown at p. 148. Another, found at Caere in Etru- ria, and preserved in the British Museum, is repre- sented in the annexed woodcut. 1. (Suet., Jul., c. 1^ compared with ,VeUeius, ii,, 43, and the eommentatoTS. See also Suet., Octav., 31. — Dion Cass., Uv.,.36 — ^Tacit., Ann., iii., 58. Tho last-quoted historian, if the text be correct, states that the interruption lasted for 72 years only, — % (x., 15.) — 3. (See Spanheim, De Pnest. et Usu Numism., i., p. 85.)— 4. (Ovid, Fast., v., 185.— Plin., H. N., xviii., 29.)— 5. Plin., 1: c— Compare Velleius, i., 14. — Varro, De Ro Kust., i., 1.)^^. (Eokhel, De Num. Vet., v., p. 308.-tCompare OvidrFaat., v., 329, &o.)— 7. (Cio. in Vorr., v., 14.— Val. Max., ii., 10, 8.— Eckhel, 1. .c.)^8. (Martial, i., S.^Senec. Epiat., 96.)— 9. (In- •tit., i.,20.)— 10. (Voss. E-d Virg., (Jooig., ii., 38S.) In Aristophanes' persons are told "to bring iti Ijraaier and the fan." iVid. Flabellum.) _ When <> brazier was brought to Alexander the Great, scant- ily, supplied with fuel in very cold weather, he requested to have either wood or frankincense, giv- ing his hogt the option of treating him either as a man or a god.' In, the time of the Roman eniper- ors, the brazier of burning charcoal was sometimes brought to table with the meat for the purpose of keeping it hot, so that, as Seneca says, the kitchen accompanied the dinner. In accordance with the sentiments of veneration with which the, , domestic fireplace was regarded, we find that the exercise of hospitality was at the same time an act of religious worship. Thus the roasting of a hog in the cottage of the swineherd in the Odyssey? is, described as a sacrifice. To swear " by the royal hearth" was the most sacred oath among the Scythians." Suppliants, strangers, all who sought for mercy and favour, had recourse to the domestic hearth as to an altar." The phrase 1. (Compare Justin, xliii., 4.)— 2. (Buttmauj Mythologus, ii., p. 54.) — 3. (Spanheim, De Pnest. et ,Usu Numism., ii., p. 145, &c.),— 4, (Hor., Sat., ii., 3, 255.— Sen., Qu. Nat., iv., 13.— Qnlntil., xi., 3, 144.— Mart., 1, 121.— Id., xiv., 142.)— 5. (Plant., Aul., ii., 8, 16.— Cato, De Re Rust., 15.— Ovid, Fast., ii., 589, 611.— lb., iii., 423.— Jut., xii., 85-95.)— 6. (Hor., Epod., ii, 4S. — Epist.j i., 5y 7.-^0vid, Met., viii., 673.— Sen., De Cons, ad Alb., 1.)— 7. (Ajcham., 888.)— 8. (Pint., Apoph. Reg:., toJ. i., p. 717, ed. Wytten.-'Diod. Sic, xviii., 61.— Polysn., Strat., iy., 8. ^^Id; ib., viii.y 32.— Cato, De Re Rust., 11. — Vir^., .ffin., xii,, 1 18, 285:— Servins 'ad 11.— Cic, Pro Dom., 47.— TertnlL, Apol, 9.)— 9. (xiv., 418-438.)— 10. (Herod., ir., 68.)— 11. (Kora., CM., vii., 153-169.— ApoU. Rhod., iv., 693.) 447 fCEUERAT^ Cn IT AXES. FOLLIS. * pro aiis et focis" was used to express attachment to all that was most dear and venerable.' Among the Romans the focus was placed in the Atrium, which, in primitive times, was their kitch- en and dining-room.' There it remained, as we Bee in numerous examples at Pompeii, even after the progress of refinement had led to the use of an- other part of the house for culinary purposes. On fentivals the housewife decorated the hearth with garlands ;' a vrooUen fillet was sometimes added.* In farmhouses, the servants, who were often very numerous, were always disposed for the purpose of taking their meals around the hearth.' The fqcus, though commonly square, admitted of a great variety of forms and ornaments. At Pharse, in Achaia, a marble hearth was placed before a statue of Mercury in the Forum, having bronze lamps fastened to it with lead.' To adapt the focus to culinary purposes, a gridiron, supported by four feet, was placed over the fire, so as to hold pots and pans as well as steaks, chops, and other pieces of meat which were to be roasted.' Some of the braziers found at Pompeii also include contrivances for boiling water. FCEDERA'T^ CIVITATES, FCEDERA'TI, SO'CII. In the seventh century of Rome these names expressed those Italian states which were connected with Rome by a treaty (^fmdus). These names did not include Roman colonies or Latin colonies, or any place which had obtained the Ro- man civitas. Among the foederati were the Latini, who were the most nearly related to the Romans, and were designated by this distinctive name ; the rest of the foederati were comprised under the col- lective name of Socii or Foederati. They were in- dependent .'itates, yet under a general liability to furnish a contingent to the Roman army. Thus they contributed to increase the power of Rome, but they liad not the privileges of Roman citizens. The relations of any particular federate state to i'tome might have some peculiarities, but the gen- eidl relation was that expressed above ; a kind of condition, inconsistent with the sovereignty of the federates, and the first stage towards unconditional submission. The discontent among the foederati, and their claims to be admitted to the privileges of Roman citizens, led to the Social War. The Julia lex (B.C. 90) gave the civitas to the Socii and Latini ; and a lex of the following year contained, among other provisions, one for the admission to the Roman civitas of those peregrin! who were entered on the lists of the citizens of federate states, and who complied with the provisions of the lex. (Fid. Civitas.) It appears, however, that this lex Julia, and probably also the lex of the following year, contained a condition that ^he federate state should consent to accept what the leges offered, or, as it was technically expressed, " populus fundus Seret.'" Those who did not become fundi populi ■lid not obtain the civitas.. Balbus, the client of Cicero, was a citizen of Gades, a federate town in Spain. Pompey had conferred the Roman civitas on Balbus, by virtue of certain powers given to him by a lex. It was objected to Balbus that he could not have the civitas, unless the state to which he belonged, " fundus factus esset ;" which was a complete misapprehension, for the term fundus, in this sense, applied to a whole state or community, whether federate or other free state, which accept- I. (Cic, De Nat. Deor., iii., 40.— Flor., iii., 13.)— 2. (Virg., jEb., i., 726.— Servius, ad loo.)— 3. (Cato, De Re Rust., 143.— Ovid, Trist., T., 5, 10.)— 4. (Propert., iv., 6, 1-6.)— 5. (Hor., Epod., ii., 66, — Col., De Re Rust., xi., 1.) — 6. (Paus., vii., 22, ^ *.)— 7. (" Cratioula:" Mart., xiv., 221 — ^Apic, viii., 6.— Ttrpii- wovv mipds y£Epig.,4.1— 15. (Mart..iiv., 16.)— 16. (Hor., Sat., ii., 7, 17.— Mart., ir., 14.— Id., xiv., l.)— 17. (Jut., iiv., 5.) -18. (Aural. Vict.,- De Cra.; 39. sub fin.— Spart., Hadr., 11> Capitol., Macrin^j 13. — Id., Commud., 4.)-^9j (Aunl- Vi^ 1. G.l FULLO. FULLO. a particular legions,' from whi ;h it has been sup- osed that the Frumentarii, v ho acted as spies, rere soldiers attached to the legions in the provin- es ; they may, however, have been different offi- ers, whose duty it was to distribute the corn to the *FUCUS (^tj/tof), a marine shrub (according to lome, the same with red alkanet), from which the indents made a dye or paint. "Various species if Fuci," observes Adams, " are described by The- iphrastus and Dioscorides, but in such general erms that it appears to me a vain task to at- empt to determine them. It is farther deserving if remarlc, that Galen, Aetius, and Oribasius, de- cribe a soirt of ceruse under this name. It would ippear that it was used as a paint, and in this sense t occurs in Llician's fine epigram in the Anthol- ogy.'" FUGA LATA. {Vid. Banishment, Roman.) FUGA LIBERA. (Vid. Banishment, Roman.) FUGITI'VUS. {Vid. Servus.) FULCRUM. {Vid. Lectos.) FULLO {Kvaev(), also called NACCA,' I Fuller, a washer or scourer of cloth and linen, ["he fuUones not only received the cloth as it came irom the loom in order to scour and smooth it, but ilso washed and cleansed garments which had been ilready worn. As the Romans generally wore vooUen dresses, which were often of a light colour, hey frequently needed, in the hot climate of Italy, L thorough purification.! The way in which' this; vas done has been described by Pliny and other an^ iient writers, but is most clearly explained by some )aintings which have been found on the walls of a UUonica at Pompeii. Two of these paintings* are ;iven by Gell,* and the whole of them inthe Museo 3orbonico;' from the latter of which works > the bllowing cuts have been taken. The clothes were first washed, which was done n tubs or vats, where they were trodden upon and itamped by the feet of the fuUones, whence Sen- !ca speaks" of saltus fullnnicus. i The following (voodout- represents four persons thus employed^ of vhom three are hoys, probably under thei superin- sndence: of the man. Their i dress is tucked up, eaving the legs bare ; the boys seem to have done ;heir work, and to be wringing the articles; on which ■hey had been employed. . ; The ancients were not acquainted with soap, but they used in its stead different kinds of alkali, by which the dirt was more easily, separated from the elothes. Of these, l>y far the most common was the urine of men and animals, which was mixed with the water in which the clothes were washed.' To procure a sufficient supply of it, the fullones were accustomed to place at the corners of the Btteets vessels, which they carried away after they had been filled by the passengers.? We are (told by Suetonius' that Vespasian imposed a urimcvectigaif which is supposed by Casaubon a»d others to havei -1 fOrelli, iMOr., 74, 349I,-4922.)— 2. (Adams, Append-,,s.v, JB/ms.)— 3. (Festus, 8. v. — Apul., Met.,.jx-., p. 806,, Bipont.)— *. (Fompeianat vol. ii., pi. 51, 52.)-.rS;, (toI. iv., pi., 49, 50.)— 6. (£p., 15.)— 7 (Plin., H. N., xiTiii., 18, 36.— Athen.,Ti., p. 484.) B (Martial, Ti., 93.— Macroli., Sarani.,ii.i 12.)-;9., (VeBp., 23.) been a tax paid by the fullones. Nitrum, of whicit Pliny' gives an account, was also mixed witli the water by the scourers. Fuller's earth (creiafullo- nia'), of which there were many kinds, was em- ployed for the same purpose. We do not know the exact nature of this earth, but it appears to have acted in the same way as our fullers' earth, namely, partly in scouring and partly in absorbing the greasy dirt. Pliny' says that the clothes should be washed with the Sardinian earth. After the clothes had been washed, they were hung out to dryland were allowed to be placed in the street before the doors of the fullonica.* When dry, the wool was brushed and carded to raise the nap, sometimes with the skin of a hedgehog, and sometimes with some plants of the thistle kind. The clothes were then hung on a vessel of basket- work (viminea cavea), under which sulphur was placed in order to whiten the cloth ; for the ancient fullers appear to have known that many colours were destroyed by the volatile steam of sulphur.' A fine white earth, called Cimolian by Pliny, was often rubbed into the cloth to increase its white- ness." The preceding account is well illustrated by the foUpwing woodcut. On the left we see a-fullp brushing or carding a white tunic, suspended over a rope, with a card or brush, which bears considerable resemblance to a modern horsebrush. On the right, another man carries a frame of wicker-work, which was, without doubt, intended for the purpose described above; he has also a pot in his hand,- perhaps intended for holding the sulphur. On his head he wears a kind of garfend, which is supposed, to be an olive gar- land, and above him an owl is represented sitting. It is thought that the olive garland and the owl in- dicate that the establishment was under the patron- age of Minerva, the tutelary goddess of the loom. Sir W. Gell imagines that the owl is probably the picture of a bird which really .existed in the family. On the left a well-dressed female is sitting, exam- ining a piece of work which a younger girl brings to her. A calantica (wd. Calantica) upon her head, a necklacCj and bracelets,. denote a person of higher rank than one of the ordinary work-people of the, establishment. In the following woodcut we see a young man in a green tunic .giving a. piece of cloth, which appears, to be finished) to a young woman, who wears a green under-tunic, and over it a* yellow tunic with red stripes. On the right is another female in a white tunic, who appears to he engaged in cleaning one of the, cards or brushes. Among these paint- ings there was a press, worked by two upright* 'sc'rewfe,,in which the cloth was placed to be smooth- 'ehed.' ' A drawing of this press is given. in thearti- cle Cochlea,, p. 272. ^^ 1. (II. N., xxxi., 46.)— 2.. (Plin., H. N.,xvlii.,4.)— 3.'(H.N., xxwi, 57.)rT4.,-(Di!!. 43,, tit. iO, s. ],^ 4.)— 5. .(ApuL, Mct.,.h[ , p. 208, Bipont. -^ Plin., H. N., xxxv. , 50, 57. — Pollux, Onpm. vii., 41.)^6. (Theophrast., Char.. )«. - Plant., Aulul., •>, 9, ( — Plin., II. N;,-ixiv., 57.) 453 FUNAMBULUS. FUNBA. The establishment or workshop of the fullers was called Fullonica,^ Fullonicum,' or Ftdlonium.' Of such establishments there were great numbers in Rome, for the Romans do not appear to have wash- ed at home even their linen clothes.* The trade of the fullers was considered so important, that the censors C. Flaminius and L. jEmilius, B.C. 220, |)rescribed the mode in which the dresses were to be washed.' Like the other principal trades in Rome, the FuUones formed a collegium.* To large farms a fullonica was sometimes attached, in which the work was performed by the slaves who belong- ed to the familia rustica.'' The fuUo was answerable for the property while it was in his possession ; and if he returned by mis- take a different garment from the one he had re- ceived, he was liable to an action ex locato ; to which action he was also subject if the garment was in- jured." Woollen garments which had been once washed were considered to be less valuable than they were previously ;' hence Martial'" speaks of a toga lotn tergue quaterque as a poor present. The Greeks were also accustomed to send their garments to fuUers to be washed and scoured, who appear to have adopted a similar method to that which has been described above." The word irW- vetv denoted the washing of linen, and Kva^eieiv or yva^eiuv the washing of woollen clothes." FULLO'NICA. (Kiii. FoLLo.) FUNA'LE (iTKO/laj"), a Link, used in the same manner as a torch (md. Fax), but made of papyrus and other fibrous plants, twisted like a rope, and smeared with pitch and wax.'* It was, indlbd, as Antipater describes it, " a light coated with wax" (^a/JTrdf Kfjpoxirav"). For this reason it was also called cereus. Funalia are sculptured upon a mon- ument of considerable antiquity preserved at Pa- dua." At the Saturnalia they were presented by clients to their superiors, and were lighted in hon- our of Saturn." FUNA'LIS EQUUS. (Vid. CnBKns, p. 332.) FUNAMBULUS (KaloSaTji^, oxoivoidrrig), a Rope- dancer. The art of dancing on the tight-rope was carried to as great perfection among the Romans as it is with us." If we may judge from a series of paintings discovered in the excavations" from which 1. (Dig. 39, tit. 3, B. 3.)— 2. (Dig. 7, tit. 1, s. 13, I, 8.)— 3. (Amm. Marc, liv., 11, p. 44, Bipont.) — 4. (Martial, xiv., 51.) — S. (Plin., H. N., XXXV., 57.)— 6. (Fabretti, Inscript., p. 278.)— 7. (VaiTo, R. E., i., 16.)— 8. (Die. 19, tit. 2, s. 13, i 6 ; s. 60, t 2 ; 12, tit. 7, s. 2.)— 9. (Petron., 30.— Lamprid., Heliogab., 26.)— 10. (X., 11.)— 11. (Theophrast., Char., 10.— Athen., xi., p. 682, d.— PoUbx, Onom., vii., 39, 40, 41.)— 12. (Eustath. ad Od., xxiv., 148, p. 1956, 41. — Compare Sclittttgen, " Aatiquitates Triturje et FimoniEB," Traj. ad Rhen., 1727. — Beckmann, Hist, of Inven- tions, dec., vol. jii., p. 266, &c., tTansl. — Becker, (jallns, ii., p. 100, 4 the figures in ihe annexeu wuoAjut ire selectej, the performers, who were principally Greeks,' pla ced themselves in an endless variety of graceful and sportive attitudes, and represented the character! of bacchanals, satyrs, and other imaginary beings. Three of the persons here exhibited hold the thyr- sus, which may have served for a balancing-pcHe. two are performing on the double pipe, and one on the lyre ; two others are pouring wine into vessels of different forms. They all have their heads en- veloped in skins or caps, probably intended as a protection in case of falling. The Emperor Anto- ninus, in consequence of the fall of a boy, caused feather beds {cukilras) to be laid under the rope, to obviate the danger of such accidents.' One of tlie most difficult exploits was running down the rope' at the conclusion of the performance. It was a strange attempt of Germanicus and of the Emperor Galba to exhibit elephants walking on the rope.* FUNDA (aipevSovv), a Sling. The light troops of the Greek and Roman armies (p. 94) consist- ed in great part of slingers {funditores, c^eviimitaii. The sling was also very much employed by the Jews, Phoenicians, and Egyptians, by the Carduchi and the Persians,' by the Spaniards,' and by many other nations. The manner in which it was wield- ed may be seen in the annexed figure' of a soldiei with a provision of stones in the sinus of his palli- um, and with his arm extended in order to whirl the sling about his head.' Besides stones, plum- 1. (Juv.,1. c.)— 2. (Capitol., M. Anton., 12.)— 3. (Suet., Nero, 11.— BrodKusinloo.)— 4. (Pljn., H. N., viii., 2.— Snet., Gall).. 6.— Son., Epist., 86.1—5. (Died. Sic, xiv., 27.— Id., xviii.,51.)- 6. (Strabo, iii., p. 436, edrSieb.)— 7. (Bartali, Col. Traj., t. «.) -8. (Virg., iEn., ii., 587, 588.-Id. ib., xi., 579 ) FUNDUS. Fb'NUS. mcts, called glandes (ftoyiv66i6ec), of a form between acorns and almonds, were cast in moulds to be thrown with slings.' They have been found on the plain of Marathon, and in other parts of Greece, and are remarkable for the inscriptions and devices which they exhibit, such as thunderbolts, the names of persons, and the word AE3AI, meaning " Take this."" The celebrity of the natives of the Balearic Isles as slingers is said to have arisen from the circum- ytance that, when they were children, their moth- ers obliged them to obtain their food by striking it with a sling.' Among the Greeks, the Achaeans and Acarnanians attained to the greatest expert- ness in the use of this weapon. The sling, as depicted in the Egyptian tombs, had at one end a loop for making it fast to the hand. It was made of wool,* hair, hemp, or leather' {stupea ;' habena'). Its advantages were, that it might be carried any distance without the slightest inconve- nience ; that soldiers accustomed to the use of it might employ it when their other weapons were unavailable l^positis kastis') ; and that it was very effective in checking an enemy, especially in stony places, in mountain passes, and upon eminences.' Hunters also used the sling to kill their game.'" While the sling was a very efficacious and impor- tant instrument of ancient warfare, stones thrown with the hand alone were also much in use both among the Romans" and with other nations (oi vrc- Tj)o6oXoi}'). The Libyans carried no other arms than three spears and a bag full of stones." The casting-net was sometimes called /undo.'* 5 ruNus. FUNUS. ally white." These duties were not performed by hired persons, like the pollinctons among the ' Ro- mans, but by the women of the family, upon whom the care of the corpse always devolved." The corpse was then laid out {irpoBsai;, nporWea- 9ai) on a bed {jcllvti), ^yhich appeairs to have been of the ordinary kind, with a pillow {■!rpoaKeit this cus- tom was not observed in the time of Plato." No females under 60 yeairs of age; except the nearest relatives (hrog dveijiiaSav), were allowed to be pres- ent while the corpse was in the house." On the day after the'Trpofeajf, or the third day after death, the cor{)se was carried out (EK^opaj hK- Ko/iidj]) for burial early in the morning and 'before sunrise, by a law of Solon, which law appears to have been revived by Demetrius Phalereus." A burial soon after death Was supposed to be pleasing to the dead. Thus we find'the shade of Patroclus saying to Achilles," GuTTTE /le Stti TiixLCTa, Trvhic atiao nepriaa. In some places it appears to have been usual to bury the dead on the day following death." The men walked before the corpse, and the women be- hind.'" The funeral procession was preceded or followed by hired mourners {ppiiviiiSoi), who appear to have been usually Carian women, though Plato speaks of men engaged in this office. They played mournful tunes on the flute." The body was either buried or burned. Lucian'' nays that the Greeks burn and the Persians bury their dead ; but modern writers are greatly divided 1. (11., xviii., 353.— Artemidor., Oneirocr., ii., 3.)— 2. (Isaus, Pe Philoct. htered., p. 143. — Id., De Ciron. haired., p. 209.) — 3, (Ltb., c. Eratosth., p. 395.) — 4. (Schol. ad Aristoph., Lysistr., 611.)— 5. (Demosth., c. Macart., p. 1071.)— 6. (Pollux, Onom., viii., 65.)— 7. (Leg., xii., 9, p. 959.)— 8. (Aristoph., Kcol., 1032, 996.)— 9. (" Vaseng.," title-page.)— 10. (Die Graber der HeUe- nen, pi. 8.)---ll. (Aristoph., Lyaistr., 601, with dchol.— Compare Virg., Mn., vi., 419.)— 12. (Aristcjh., Eccl., 1033. — Pollux, Onom., viii., 65. — Hesych., s. v. 'Ap5.) — 13. (Lucian, lb., 12.) — 14. (Plut., Sol., 12, 21.)— 15. (Min., o. 5, p. 315.)— 16. (Demosth., c. MEw;art., p. 1071.) — 17. (Deiuisth., 1. c. — ^Antiph., De Chor., n. 762.— I.e., De Leg., ii., 26 -18. (II., iriii., 71.— Compare Xen., Mem., i., 2, 1) 53.)— 19. (Callim., Epigr., IS.- Diog. Laert., ;., 122.)— 20. (Demosth., 1. c.)— 21. (Plat., Leg., tii., g, p. goO Besych., E. V. Kaptvai.—'P 'lux, Onom., iv.,75.)— 22. (lb., 21.) 456 I. in opinion as to which was th< usual praiticj*. Wachsmuth* says that in historical times the dead were always buried ; but this statement isiiot strictly correct. Thus we find that Socrates speaks of his body being either burned or buried ;" tho body of Timoleon was burned,' and so *as that of Philopoemon.* The word tfawTEiv was used in con- nexion with either mode ; it, is applied to the col lectioii of the ashes after buning, and accordinglj we find the tvords kuIuv and ^dirreiv used togeth- er.' The proper expression for interment iifftj earth is KaropirTew, Whence we find Socrates'spBak- ' ing of TO aH/ia ^ Kaofisfvov rj KaTopuffoji^M. jj Honier the bodies of the dead are burned ;» but in- terment was also used in very ancient times. ' Ci- cero' says that the dead were buried at Athens in the time of Gecrops ; and we also read of the bones of Orestes being found in a coffin at Tegea.' The dead were commonly buried among the Spartans' and the Sicyonians;" and the prevalence' of this practice is proved by the great number of^skete tons found in coffins in modem times, which liave evidently not been exposed to the action of (ire. Both burning and burying appear to have been al- ways used to a greater or less extent at different periods, till the spread of Christianity at length put an end to the former practice. The dead bodies were usually burned on piles of wood called TFvpai. The body was placed on tho top; and in the heroic times it was customary to burn with the corpse animals, and even captiveS'or slaves. Thus, at the funeral' bf Patroclus, Achilles' killed many sheep, oxen; horses,' and dogSj aiid also twelve captive Trojans, whose bodies he burned with those of his friend." Oils and perfumeswere also thrown into the flames. When the pyre was burned down, the remains of the fire were quench- ed with wine, and the relatives and friends collect- ed the bones." The bones were then Washed with wine and oil, and placed in urns, which Were some- times made of gold." The corpses which were not burned' were buried in coffins, which were called by various names, as 6opoi, irve^oL, Xiivoi, UpvaiiE(, Spoirai, though some of these names were also applied to the urns in which the hones' were collected. They were made of various materials, but were usually of baked clay or earthenware. Their forms are very various, as may be seen by a referetice to Staokelbergi Die ■Graber der Hellencn^ pi. 7, 8. The following wood- cut contains two of the most ancient kind; thi' figure in the middle is the section of one. ■ The dead were usually buried outside the town, as it was thought that their presence in the city brought pollution to the living. At Athens the dead were formerly buried in their own houses,'^ but in historical times none were allowed to be buried within the city." Lycurgus, in order to «■ mpve all superstition respecting the presence of the dead, allowed of burial in Sparta ;" and at Me- gara, also, the dead were buried within the town." Persons who possessed lands in Attica were fre- qaently buried in them, and we therefore read of tombs in the fields ." Tombs, however, were most 1 (Helloii Alterthumsk., ii., 2, p. 79.)— 2. (Plat., Phiedl , o. 148, p.IlS.)- 3. (Plut., Timol., 39.)— 4. (Id., Philop., 21.)-5. (Dioiys. Hifl., Ant. Rom., v., 48.)— 6! (II., Xxiii., 1S7, 4c.— Ib.i xxiv., 787, &c.)— 7.(Do Leg., ii., 25.)— 8. (Herod., i., 68.— Cbin- pare Plut., Sol., 10.)— 9. (Plut., Lycurg., 27.— Compare ThOcyd , i., 134.)— 10. (Paus., ii., 7, I) 3.)— 11. (II., xxiii., 165, 2.)— 13 (Deinoslh., c. Euerg., pi UM- Donat. ad Tei., Eun. Prol., 10.) FUNUS. FUNUS. frequently built by the side of roads and near Ihe gates of the. city. Thus the tomb of Thucydides was near the Melitian gate ;' but the most com- mon place of burial was outside of the Itonian gate) near the road leading to the Peirajus, which gate was for that reason called the burial-gate {'Kplai vv^ai.'). Those who had fallen in battle were bu- ried at the public expense in the outer Ceraraeicus, on the road leading to the Academia.' The tombs were regarded as private property,' and belonged exclusively to the families whose rel- atives had been buried in them.*' Tombs were called ■SfJKdt, to^oj, pv^/iara, /ivriiiEla, a^/iara. Many of these were only mounds of earth or stones (;i;(j|Ua7a, »-.)?,fij —5. (Cic, lb., ii,, 23.— Gell., ,xx., 2.)— 6. (Festus, s. t.)— 7 (Suet., Vesp., 19.) — 8. (Dionys. Hal., it., 24. — Compare Lir.j xxxTiii., 55.)— 9. (Cic, Pro Mil., 13.— Dion Cass., ItI., 134.— Plin., H. N.iXxXT., 2.)— 10. (Cic, De Leg., ii., 24.)— 11. (Varro, De Ling. Lat.,T., 166.)— 12. (Fest., s. t.)— 13. (Mart., ii., 81.— Id., VIII., IxxT., 14.— Jut,, Tiii., 175.— " Vilis area:" Hor., Sat., I., Tiii., 9.)— 14. (Suet., Dom., 17.— Mart., I., xxxi., 48.)— 15. (s. T.)— 16. (Suet., Jul., 84.)— 17. (Val. Max.. Tii., 1, « 1.— Hor., Sat., II., Tiii., 56.)— 18. (I'ers., iii., 106.)— 19. (Suet.. Jul., 84.) —20. (Suet., Octav., 100. —Tacit., -Ann., i., 8.)— 21. (Plut., Quaist. Horn., 14.)— 22. (Cic, De Leg., ii., 23.)— 23. (Dionys. Hal., iT., 40.)— 24. (Dionys. Hal., t., 17.— Cic, Pro Mil., 13.— Id., De Orat., ii., 84. —Suet., Jul., 84.— Id., OctaT., 100.)— SS (Pint.. Poplic, 9.— Dionys. Hal., t., 17.)— 26. (Cic, De Oral ii., 11.— Suet., Jul., 26.— Id., Cal., 10.) 45a FUNUS. FUNDS. aiB Iwelve Tables, was obliged to be outside the city.' , ■ J The Romans in the most ancient times buried their dead," though they also early adopted, to some extent, the custom of burning, which is mentioned in the Twelve Tables.' Burning, however, does not apf.ear to have become general till the later times of the Republic ; Marius was buried, and Sulla was the first of the Cornelian gens whose body was burned.* Under the Empire burning was almost universally practised, but was gradually dis- continued as Christianity spread,' so that it had fallen into disuse in the fourth century.' Persons struck by lightning were not burned, but buried on the spot, which was called Bidentali and was con- sidered sacred. (Vid. Bidental.) Children, also, who had not cut their teeth, were not burned, but buried in a place called Suggrundarium.'' Those who were buried were placed in a coffin {area or loculus), which was frequently made of stone," and sometimes of the Assian stone, which came from Assos in Troas, and which consumed all the body, with tlie exception of the teeth, in 40 days,' whence it was called Sarcophagus. This name was in course of time applied to any kind of coffin or tomb." The corpse was burned on a pile of wood (pyra or rogus). Servius" thus defines the difference between jryra and rogus : " Pyra est lignorum con- geries ; logas, cum jam ardere ciisperit,dicitur." This pile was built in the form of an altar, with four equal sides, whence we find it called ara sepulcri^' and funeris ara.^' The sides of the pile were, aceording to the Twelve Tables, to be left rough and unpohsh- ed," but were frequently covered with dark leaves.'? Cypress-trees were sometimes placed before tha pile." On the top of the pile the corpse was placed, rith the couch on which it had been carried," and he nearest relative then set fire to the pile with his, ace turne.l away. (Fid. Fax.) When the flames began to rise, various perfumes were thrown into, the fire (called by Cicero" sumptuosa respersio), though this practice was forbidden by the Twelve- Tables ; cups of oil, ornaments, clothes, dishes of food, and other things, which were supposed to be agreeable to the deceased, were also thrown upon the flames." The place where a person was burned was called Buslum if he was afterward buried on the same spot (vid. Bostum), and Ustrina or Ustrinum if he was buried at a different place. Persons of proper- ty frequently set apart a space, surrounded by a wall, near their sepulchres, for the purpose of burn- ing the dead; but those who could not afford the space appear to have sometimes placed the funeral pyre against the monuments of others, which was frequently forbidden in inscriptions on monuments (Huic monumento ustrinam applicari non licet"').' If the deceased was an emperor or an illustrious general, the soldiers marched idecurrebartt) three times round the pile," which custom was observed annually at a monument built by the soldiers in hon- our of Drusus.''" Sometimes animals were slaugh- tered at the pile, and in ancient times captives and slaves, since the Manes were supposed to be fond ofblqod; but afterward gladiators, called Bu* tuarii, were hired to fight round the burning pile. {Vid. BUSTUM.) When the pile was burned, down,, the embers were soaked with wine, and the bones and ashes of the deceased were -gathered by the nearest rela- 'tives,' who sprinklpd!- them. with perfumes, and placed them in a vessel called urna,' which was made of various, materials, according, to the cir- cumstances of individuals! . .Most . of the funeral urns in the British Museum are made of marble, al- abaster, or baked clay. They are of various sliape? but most commonly square or round;, and upon < them there is usually an inscription or epitaph>((ifr ulus 01 epitaphium)i beginning with the letters- ]>. M. S. or only D. M., that is, Dis Manibbs Sacrum, followed by, the name of the deceased, with the length of his life, &c., and also by. the name of thi' person who had the urn made. The following ex- amples, taken from urns in the- British. Museum, will give ai general knowledge , of such inscriptions. The first is to SeruUia Zosimenes, who. lived -'26 years, and is dedicated by her son Prosdecius : D. M. SERV.LLI.S ZOSIMENI Qv.a! VIXIT ANN. XXVI. • Bene meren. fecit Prosdecivs Filivs, The next is an inscription to Licinius Successus, wholived 13 years, one month, and 19 days, by hii most unhappy parents, Comious and Auriola : Dis. Man. comiovs. et AVRIOLA. PaRENTES Infelioissimi LiCINIO SvCCESSO. . V. A. Xm. M.. I. D. XIX. I The following woodcut is a representation of a sepulchral urn in the British Museum. It is of an uprig-ht rectangular, form, richly ornamented with foliage, and supported at the sides by pilasters. . It is erected to the memory of Cossutia Prima. Its height is twenty-one inches, and, its width, at the base, fourteen inches six eighths-. ■ Below the in- scription an infant genius is represented driving i car. drawn by four horses. , , -■ ■' liOl i I. (Cic, De Leg;., ii., 23.)— 2. (Plin., H. N., vii., 55.)— 3. (Cic, 1. 0.)— 4. (Cic, lb., ii., 22.)— 5. (Minuo. Felix, p. S27, ed. Oazel, 1672.)— 6. (Macrob., vii., 7.)— 7. (Plin., H. N., vii., 15.— Juv., XV., 140. — Fulgent., De prise. 5erni.,7.)— 8. (Val. Max., i , 1. 'I 12.— Aurel. Vict., De Vii-. Elustr., 42.)— 9. (Plin., H.N.,ii 9S , xxxvi., 27.)— 10. (Juv., X., I72.t-Dig. 34. tit. 1, s. 18, 1)5.— OroUi.Jnscr., No. W4, 4432, 4554.)— 11. (ad Virg., JEn... xi , 185.)— 12. (Virg., ^n., vi., 177.)— 13. (Ovid, Trist., III., xiii. 21.)— 14. (Cic, De heg., ii., 23.)— 15. (Viig., iEn., vi., 215..)— 18. (Virg et Ovid, 1. c— Sil. Ital., x., 535.)-,17. (Tibull., I., i., 81.)- 18. (1. c)— 19. (Virg., jEn., vi., 225.— Stat., Theb., vi., 225.- Stat., Theb., vi., 128j— Lucan., ix.. 175,)— 20. (Gruter, 755, 4 ; 656, 3.— Orelli, 4364, 4385.)— 21. (Viig., .«!n., xi., IBS. ^Tac-t., Ann., ii., 7.)— 22. (Suet Claud., 1.) 460 1. (Virg., Mn., Ti.,.226-S28.— Tihull., I., iii., 6— Id., lit, «.. 10.-^Suet., Octav.; 100.)^^. (Ovid, A.T1., iii.,.ix., i9.r-f'Pen>H urna;" Tacit., Ann., iii., 1.) FUNUS. FUNUS. Aftyr the bones and ashes of the deeeassd had. been placed in the urn, the persons present were thriite sprinkled by a priest with pure water from a arannh of oUve or laurel for the purpose of purifica- tion i* after which they were dismissed by the pra- fica, or some other person, by the solemn word I li- cet, that is, ire licet.' At their departure they were accustomed to bid farewell to the deceased by pro- nouncing the word Vale.' The urns were placed in sepulchres, which, as W- ready stated, were outside the city, though in a few cases we read t'f the dead being buried within the city. Thus Valerius, Publicola, Tubertus, and Fa- bricius were buried in the city ; which right their descendants also possessed, but did not use.* The vestal virgins and the emperors were buried in the city, according to Servius,' because they were not bound by the laws. By a rescript of Hadrian, those who buried a person in the city were liable to a penalty of 40 aurei, which was to be paid to the fis- cus ; and the spot where the burial had taken place was confiscated.' The practice was also forbidden by Antoninus Pius' and Theodosius II.' The verb sepelire, like the Greek ^iinTeiv, was applied to every mode of disposing of the dead,' and sepulcrum signified any kind of tomb in which the body or bones of a man were placed (Sepul- crum est^'ubi corpus ossave hominis condita sunt'^^). The term humare was originally used for burial in the earth," but was afterward applied, like sepelire, to any mode of disposing of the dead ; since it ap- pears to have been the custom, after the body was burned, to throw some earth upon the bones." The places for burial were, either public or pri- vate. The public places of t burial were of two kinds ; one for illustrious citizens, who were buried at the public expense, and the other for poor citi- zens, who could not afford to purchase ground for the purpose. The former was, in the Campus Mar- tius, which was ornamented with the, tombs of the illustrious dead {vid. Campus Maetius), and in the Campus Esquihnus ;" the latter was also in the Campus Esquilinus, and consisted: of small pits or caverns, called puiiculi or puticula ;'* but as this place rendered the neighbourhood unhealthy, it was given to Maecenas, who converted it into gardens, and built a magnificent house upon it. Private pla- ces for burial were usually bythe sides of the roads leading to Rome ; and on some of these roads, such as the Via Appia, the tombs formed an almost un- interrupted street for many miles from the gates of the city. They were frequently built by individuals during their lifetime ;" thus Augustus, in his sixth consulship, built the Mausoleum for his sepulchre between the Via Flaminia and the Tiber, and plant- ed round it woods and walks for public use.=' ■ The heirs were often ordered by the will of the deceased to build a tomb for him ;' and they sometimes did it at their own expense {de suo), which is not un- frequently recorded in the inscription on funeral monuments, as in the following example taken from an urn in the British Museum : Diis Manibvs L. Lepidi Epaphe.* Pateis Optimi L. Lepidivs Maiimts F. De. Svo. Sepulchres were originally called husta,' but tarn word was afterward employed in the manner men- tioned under Bustum. Sepulchres were also fre- quently called Monumenta,' but this term was also applied to a monument erected to the memory of a person in a diiferent place from where he was* bu- ried.' Conditoria or conditiva, were sepulchres un- der ground, in which dead bodies were placed en- tire, in contradistinction to those sepulchres which contained the bones and ashes only. They an- swered to the Greek iiroyuov or iiroyawv. {Vid. CONDITORIUM.) The tombs of the rich were commonly built ot marble, and the ground enclosed with an iron railing or wall, and planted round with trees.' The extent of the burying-ground was marked by Cippi. ( Vid- Cippns.) The name of Mausoleum, which was ori- ginally the name of the magnificent sepulchre erect- ed by Artemisia to the memory of Mausolus, king of Caria," was sometimes given to any splendid tomb.,' The open space before a sepulchre was called; forum (OT'd^FonuM), and neither this space nor Uie sepulchre itself could become the property of a person by usucapion.' Private tombs were either built by an individual for himself and the members of his family (sepulcra familiaria), or for himself and his heirs {sepulcra hereditaria?). A tomb which was fitted up with niches to receive the funeral urns was called co- Ivmharium, on account of the resemblance of these niches to the holes of a pigeon-house. In these tombs the ashes of the freedraen and slaves of great families were frequently placed in vessels made of baked clay, called oUa, which were let into the thickness of the wall within these niches, the lids only being seen, and the inscriptions placed in front A representation of a columbarium is given on page 288. Tombs were of various sizes and forms, accord- ing to the wealth and taste of the owner. The fol- lowing woodcut, which represents part of the street of tombs at Pompeii, is taken from Mazois, Pnm- peiana, part i., pi. 18. All these tombs were raised on a platform of ma- sonry above the level of the footway. The first building on the right hand is a funeral triclinium, which presents to the street a plain front about twenty feet in length. The next is the family tomb 1. (yirg.,-.S:n., Ti., 229.— Seiv., ad Ibc.)— 2. (Serv., 1. c.)— 3. (Serv., 1. c.)^4. (Cic, De Leg., it., 23.)— 5. (ad Virg., ^n., xi.,' 205.)'-6. (Dig. 47, tit. 12, s. 3, i 5.)— 7. (Capitol., Anton. Pins, 12.^—8 (Cud. Theod., 9, tit. 17, s. 6.)— 9. (Plin., H. N., vii., 55.) —10. (Dig. 11, tit. 7, a. 2, Ij 5— Compare 47, tit. 12, s. 3, 4 2.)— II. (Plin., 1: o,)— 12. (Cic, De Ldg., ii., 23.)— 13. (Cic, Phil., ix., 7.)— 14. (Varro, De Liilg. Iiat., v., 25, ed. Miiller. — Festus, • .T.- Hor., Sat., I., viti., 10.)— 15. (SeiwG., De Brev. Vit.. 20.) MB (Suet., Octay., 100.) of Nsevoleia Tyche ; it consists of a square bulk, ing,. containing a small chamber, and from the levi.l of the outer wall steps rise, which support a marble cippus richly ornamented. The burial-gi'ound of Nestacidius follows next, which is surrounded by a low wall ; next to which comes a monument erect- ed to the memory of C. Calventius Quietus, The 1. (Hor., Sat., II., iii., 84.--Id. ib., v., 105.-Plin.-, Ep!, vi., 10.)— 2. (Festus, s. V. Sepulci:um.)^3. (Cic. ad Fam,, iv/, 12, ^ 3. —Ovid, iVIet., xiii., !^i^.)—^, (Festus, s. v.— Cic, ProSext., 67.) —5. (Cic. ad Fam., iv., 12, I) 3:— Tibull., IIL, ii., 22.— Saet, Ner., 33, 50.— Martial, i., 89.)— 6. (Plin., H.N., xxivi., 4,« ». — GeU., I., 18.)^7. (Suet., Octav., 100.— Paus., viii., Id, I) 3.)- • 8. (Cic, De Leg., ii., 24.)— ». (Dis. 11, tit 7, s.5.) 461 FUNUS. building is solid, and was not, therefore, a place of burial, but only an honorary tomb. The wall in front is scarcely four feet high, from which three steps lead up to a cippus. The back rises into a pediment ; and the extreme height of the whole from the footway is about seventeen feet. An un- occupied space intervenes between this tomb and the next, which bears no inscription. The last building on the lefi is the tomb of Scaurus, which is ornamented with bas-reliefs representing gladia- torial combats and the hunting of wild beasts. The tombs of the Romans were ornamented in various ways, but they seldom represented death in a direct manner.' A horse's head was one of the most common representations of death, as it signi- fied departure ; but we rarely meet with skeletons 'iDon tombs. The following woodcut, however. whloh is taken firom a bas-relief upon one of the tombs of Pompeii, represents the skeleton of a child lying on a heap of stones. The dress of the fe- male, who is stooping over it, is remarkable, and is still preserved, according to Mazois, in the country aiound Sora." A sepulchre, or any place in which a person was buried, was religiosus ; all things which were left or belonged to the Dii Manes were religiosa:; those consecrated to the Dii Superi were called Sacrce.' Even the place in which a slave was buried was considered religiosus.' Whoever violated a sepul- chre was subject to an action termed sepulcri vio- lati actio.^ Those who removed the bodies or bones from the sepulchre were punished by death, or de- ponatio in insulam, according to their rank ; if the sepulchre was violated in any other way, they were punished by deportatio, or condemnation to the mines.' The title in the Digest,' " De Religiosis et Sumtibus Funerum," &c., also contains much curi- ous information on the subject, and is well worth perusal. After the bones had been placed in the urn at the funeral, the friends returned home. They then un- derwent a farther purification called suffitio, which consisted in being sprinkled with water and step- ping over a fire.' The house itself was also swept with a certain kind of broom, which sweeping or purification was called exverra, and the person who did it everriator.' The Denicales Feria were also days set apart for the purification of the family." The mourning and solemnities connected with the dead lasted for nine days after the funeral, at the end of which time a sacrifice was performed called Novendiale.'^ A feast was given in honour of the dead, but it is uncertain on what day; it sometimes appears to FUNUS. have been given at the time of the funeral, some, times on the Novendiale, and sometimes later. The name of Silicernium was given to this feast," of which the etymology is unknown. Among tin tombs at Pompeii there is a funeral triclinium for the celebration of these feasts, which is represented in the annexed woodcut.' It is open to the sky, and the walls are ornamented by paintings of ani- mals in the centre of compartments, which have l^orders of flowers. The triclinium is made of stone, with a pedestal in the centre to receive the table. I. (Mttller, Archmol. dor Kunst, ^ 431.— Leasing, "Wie die Alton den Tod gebildet haben !")— 2. (Mazois, Pomp., i., pi. 89.) —3. (Gains, ii.. 4, 6.)— 4. (Dig. 11, tit. 7, s. 2.)— 5. (Dig. 47, tit. IJ^Compare Cic, Tusc, i., 12.— Cic, Dc Leg., ii., 22.)— 6. (Dig. 47, tit. 12, 8. 11.)— 7. (11, tit. 7.)— 8. (Festus, s. v. "Aqua et Ipij.")— 9. (Festns, s. v.)— 10. (Festus, s. v.— Cic, De Leg., ■*., 22.)--ll. (Porpliyr. ad Horat., Epod., ivii., 48.) 463 After the funeral of great men, there was, in ad- dition to the feast for the friends of the deceased, a distribution of raw meat to the people, called Yis- ceratio,' and sometimes a public banquet.' Combats of gladiators and other games were also frequently exhibited in honour of the deceased. Thus, at the funeral of P. Licinius Crassus, who had been pon- tifex maximus, raw meat was distributed to the people, a hundred and twenty gladiators fought, and funeral games were celebrated for three days, at the end of which a public banquet was given in the Forum.' Public feasts and funeral games were sometimes given on the anniversary of funerals. Faustus, the son of Sulla, exhibited in honour of his father a show of gladiators several years after his death, and gave a feast to the people, according to his father's testament.' At all banquets in hon- our of the dead, the guests were dressed in white.' The Romans, like the Greeks, were accustomed to visit the tombs of their relatives at certain peri- ods, and to offer to them sacrifices and various gifts, which were called Inferia and Parentalia. The Romans appear to have regarded the Manes or de- parted souls of their ancestors as gods, whence arose the practice of presenting to them oblations, which consisted of victims, wine, milk, garlands of flowers, and other things.' The tombs were some- times illuminated on these occasions with lamps.' In the latter end of the month of February there was a festival, called Feralia, in which the Romans were accustomed to carry food to the sepulchres for the use of the dead." The Romans, like ourselves, were accustomed to wear mourning for their deceased friends, which appears to have been black, under the Republic, for both sexes. Under the Empire, the men continued to wear black in mourning,'' but the women wore white." They laid aside all kinds of ornaments," and did not cut either their hair or beard." Men ap- pear to have usually worn their mourning for only a few days," but women for a year when they lost a husband or parent." In a public mourning on account of some signal calamity, as, for instance, the loss of a battle or the death of an emperor, there was a total cessation from business, called Justitiwm, which was usually ordained by public appointment. During this period 1. (Festus, 3. ■».)— 2. (Mazois, Pomp., i., pi. ix.)— 3. (Liv , viii., 22.)— 4. (Suet., Jul., 26.) — 5. (Liv., ixxijc., 46.)— 6. (Dion Cass., xxxvii., 51.— Cic, Pro Sull., 19.)— 7. (Cic, c. Vatin., 13.) —8. (Virg., ^n., v., 77.— Id. ib., ix., 215.— Id. ib., x., 519.- Tacit., Hist., ii., 95. — Suet., Cal., 15.— Id., Ner., 67.— Cic., Phil., i, 6.)— 9. (Dig. 40, tit 4, s. 44.)— 10. (Festus, s, v.- Vano, De Ling. Lat., vi., 13.— Ovid, Fast., ii., 565-S70,-^Cfc. ad Att.,-idii., 14,)— 11. (Juv., x., 245.)— 12. (Herodian, iv., S.)- 13. (Herodian, 1. c— Terent., Heaut., II., iii., 47.)— 14. (Suet., Jul., 67.— Id., Octav., 23.— Id., Cal., 24.)— 15. (Dion Casi., In- 43.)— 16. (Ovid, Fast., iii., 134.— Senoc, Euist., 03.— Id., Cm sol. ail Helv. Ifi 1 rURTUM. rURTUM. fie courts of justice did not sit, the shops weio shut, and the soldiers freed from military duties.' In a public mourning the senators did not wear the latus clavus and their rings,' nor the magistrates their Badges of office.' FURCA, which properly means a fork, was also the name of an instrument of punishment. It was a piece of wood in the form of the letter A, which was placed upon the shoulders of the offender, whose hands were tied to it. Slaves were frequent- ly punished in this way, and were obliged to carry about the furca wherever they went ;' whence the appellation of fureifer was applied to a man as a term of reproach." The furca was used in the an- cient mode of capital punishment among the Ro- mans : the criminal was tied to it, and then scourged lo death. The paliiulum was also an instrument of punishment, resembling the furca ; it appears to have been in the form of the letter II.' Both the fiirca and patibulum were also employed as crosses, to which criminals appear to have been nailed (in furca suspendere'). FURIO'SIIS. (FiJ. Curator, p. 329.) FURNUS. (Ftrf Fornax, PisTOR.) FUROR. (Vid. CURATOR, p. 329.) FURTI ACTIO. {Vid. Fhbtum.) FURTUM, '■ theft," is one of the four kinds of delicts which were the foundation of obligations ; ('; is also called, in a sense, "crimen." (Vid. Cri- iiEN.) Movable things only could be the objects of furtum ; for the fraudulent handling {contreclatio fraudulosa) of a thmg against the owner's consent was furtum, and contrectatio is defined to be " loco movere." But a man might commit theft without carrying off another person's property. Thus it was furtum to use a thing deposited (deposilum). It was also furtum to use a thing which had been lent for use, in a way different from that which the lender had agreed to ; but with this qualification, that the borrower must believe that he was doing it against Ihe owner's consent, and that the owner would not consent to such use if he was aware of it ; for dolus malus was an essential ingredient in furtum. Ac- cordingly, both dolus malus on the part of the per- son charged with furtum, and the want of consent on the part of the owner of the thing, were neces- sary to constitute furtum. Another requisite of furtum' is the " lucri faciendi gratia," the intention of appropriating another person's property. This was otherwise expressed by saying that furtum consisted in the intention (furtum ex affectu consis- lit). It was not necessary, in order to constitute furtum, that the thief should know whose property the thing was. A person who was in the power of another, and a wife in manu, might be the objects of furtum. A debtor might commit furtum by ta- king a thing which he had given as a pledge (pignori) to a creditor, or by taking his property when in the possession of a bona fide possessor. Thus there might be furtum of a thing itself, of the use of it, and of the possession. A person might commit furtum by aiding in a fur- tum, as if a man should jostle you in order to give another the opportunity of taking your money ; or drive away your sheep or cattle in order that an- slher might get possession of them : but if it were done merely in a sportive way, and not with a view of aiding in a theft, it was not furtum, though per- 1. (Tacit., Ann.,!., 16.— 14. ib., ii., 82.— Liv., ii., 7.— Suet., Oal., 24.)— 2 (Liv., ix., 7.) — 3. (Tacit., Ann., iii., 4.— Meursius, do Fnnero.— Stackelberff, " Die Grftber der Hellenen," Beii., 1837. — Kircbnann, " De Funeribus Romanis." — Becker, Chari- kle«, vol. ii., p. 166-210.— Callus, vol. ii., p. 271-301.)— 4. (Do- nat. ad Ter., Andr., III., v., 12. — Hut., Coriol., 24. — Plaut., Cas., II., iH., 37.)— 5. (Cic.'in Vatin., 6.) — 6. (Liv., i., 26.— Suet., Ncr., 49.)— 7. (Plant., Mil., II., iv., 7.— Id., Mostell., I., i., .')3.)— 8. (Dig. 48, tit. 13, s. 6 j tit. 19, s. 28, M* , s. 38. •-Vid. Lipsiut, De Crnce.)- 9. (Dig 47, tit. 2, s. 1.) haps there might be in such case an actio utilis under the lex Aquilia, which 5ave such an action even in the _ase of culpa. (VU. Damnhh.) Furtum was either manifestum or nee manifest- um. It was clearly manifestum when the person was caught in the act ; but in various other cases there was a difference of opinion as to whether the furtum was manifestum or not. Some were oi' opinion that it was furtum manifestum so long is the thief was engaged in carrying the thing to tha place to which he designed to carry it ; and others maintained that it was furtum manifestum if the thief was ever found with the stolen thing in his possession. That which was not manifestum was noc manifestum. Furtum conceptum and oblatum were not species of theft, but species of action. It was called conceptum furtum when a stolen thing was sought and found, in the presence of witness es, in the possession of a person, who, though he might not be the thief, was liable to an action called furti concepti. If a man gave you a stolen thing, in order that it might be found (concipereiur) in your possession rather than his, this was called furtum oblatum, and you had an action furti oblati against him, even if he was not the thief. There was also the action prohibit! furti against him who prevented a person from searching for a stolen thing (furtum); for the word furtum signifies both the act of theft and the thing stolen. The punishment for furtum manifestum by the law of the Twelve Tables was capitalis, that is, it affected the person's caput : a freeman who had committed theft was flogged and consigned (addictus) to the injured person ; but whether the thief became a slave in consequence of this addictio, or an adju- dicatus, was a matter in dispute among the ancient Romans. The edict subsequently changed the pen- alty into an actio quadrupli, both in the case of a slave and a freeman. The penalty of the Twelve Tables, in the case of a furtum nee manifestum, was duplum, and this was retained in the edict : in the case of the conceptum and oblatum it was trip- lum, and this also was retained in the edict. In the case of prohibitum, the penalty was quadruplum, according to the provisions of the edict ; for the law of the Twelve Tables had affixed no penalty in this case, but merely enacted that if a man would search for stolen property, he must be naked all but a cloth round his middle, and must hold a dish in his hand. If he found anything, it was furtum manifestum. The absurdity of the law, says Gains, is apparent ; for if a man would not let a person search in hiv ordinary dress, much less would he allow ;;im tv search undressed, when the penalty wojJd be si much more severe if anything was focnd.' The actio furti was given to all persons who haV an interest in the preservation of the thing si-olcv (cujus interest rem snham esse), and the owner ov a thing, therefore, had not necessarily this action A creditor might have this action even against th« owner of a thing pledged, if the owner was the thief A person to whom a thing was deliverei (bailed) in order to work upon it, as in the case of clothes given to a tailor to mend, could bring this action, and not the owner, for the owner had an action (locati) against the tailor. But if the tailor was not a responsible person, the owner had hia action against the thief, for in such case the owner had an interest in the preservation of the thing. The rule was the same in a case of commodatura (vid. Commodathm) ; but in a case of depositum, the depositee was under no obligation for the safe custody of the thing (custodiam prastare), and he was under no liability except in the case of dolus ; 1. (Compare Grimm, Von der Poesie iin Recht, Zeitscbrifi ii.,gi.) 463 FURTUM. ri'sus. ! if ttien the deposited thing was stolen, the owner alone had the actio furti. An impubes might commit theft {oUigatur.crimine furti) if he was bordering on the age of puberty, and, consequently, of sufficient capacity to under- stand what he was doing. If a person who was in the power of another committed furtum, the actio farti was against the latter. The right of action died with the offending per- son. If a peregrinus committed furtum, he was made liable to an action by the fiction of his being a Roman citizen ;' and by the same fiction he had a right of action if his property was stolen. He who took the property of another by force was guilty of theft, inasmuch as he took it against the will of the owner ; but in the case of this delict, the praetor gave a special action vi bonorum raptorum. The origin of the action vi bonorum raptorum is re- ferred by Cicero to the time of the civil wars, when men had become accustomed to acts of violence and to the use of arms against, one another. Ac- cordingly, the edict was originally directed] against those who, with bodies of armed men {hominibus armatis coactisque), did injury to the property of another or carried it off (jairfaui rapuerint autdam- ni dedcrini). With the establishment of order under the Empire the prohibition against the use of arms was 'less needed, and the word armatis is not con- tained in the edict as cited in the Digest.' The application of the edict would, however, have still been very limited, if it had been confined to cases where numbers were engaged in the violence cr robbery; and, accordingly, the jurists discovered that the edict, when properly understood,, applied also to the case of a single person committing dam- num or carrying off property^ Originally the edict comprehended both damnum and bona rapta, and, ndeod, damnum effected vi hominibus armatis co- actisque was that kuid of violence to the repression of which tlie edict was at first mainly directed. Under the Empire, the. reasons for this part of the edict ceased, and thus we see that in Ulpian's time the action was simply called " vi bonorum rapto- iTim." In the Institutes and Code the action applies to robbery only, and there is no trace of the other part of the edict. This instructive illustration of the gradual adaptation, even of the edictal law, to circumstances, is given by Savigny,' who has also given the masterly emendation of Dig. 47, tit. 8, s. i, ^ 7, by Heise. Besides the actio furti, the owner of the thing nad a personal action rbr the recovery of the stolen thing (m persecuao) or its value (condiclio furtiva) against a thief and his heredes, as well as the rei vindicatio, the reason of which is given by Gams.« Infamia was a consequence of condenmation in the actio furti. The strictness of the old law in the case of ac- tions of theft was gradually modified, as already shown. By the law of the Twelve Tables, if theft (furtum) was committed in the night, the thief, if caught in the act, might be killed : and. he might also be killed in the daytime if he was caught in the act, and defended himself with any kind of a weapon, (/cZam) ; if he did not so defend himself, he was whipped, and became addictus if a freeman (as above stated) ; and if a slave, he was whipped and thrown down a precipice. ThefoUowing are peculiar kinds of actiones furti : 1 Actio de tigno juncto, against a person who em- ployed another person's timber in his building; 2. 4.ctio arborum iurtim caesarum, against a person who secretly cut wood on another person's ground ; 1 (Raius, IT., 37.)— 2. (47, tit. 8.)— 3. (Zeitschrift, v. " Ue- 3lei Cicero, pro TalUo UAd die Actio vi boaorum raptorum.") — 4 (>»,4.) 464 3. Actio furti adyersus nau.tas et caupiines, agamg naut,ae and (iaupqnes (j)j(i.iBxEKaiTOK),^yho wereli able for the gets of the men in their employment. There were two cases in which a bona fide pos. sessor of another person's property could not obtain the ownership by usucapion ; and one of them wat the case of a res furtiva, which was provided fojit the Twelve Tables. (Gaiusciii., 183-209.— Gellius,xi., 18. — 5ig.47 tit. 2.— Inst. 4, tit. 1. — Dirksen, U.eberaicht,,&.e.,n 564-^94. — Hwnec.^ Syniag., ed. Haubold. — Rein. Das Rom. Recht.,r\i. 345. — Rosshirt, Grund&iien, &c,-^Marezoll, Lehrbuch, &c.) FU'SCINA (rpjatva), a Trident ; more commonly called tridens, meaning tridens stimulus, because it was originally a: three-pronged goad, used to incite horses to greater swiftness. Neptune was supposed to be armed with it when he drove his chariot, and it thus became his usual attribute, perhaps with an allusion, also, to the use of the same instrument in harpooning fish. (See woodcuts,; p. 187, 245.)" With it (trifida cuspide') he was said to have broken a passage through the mountains of Thessaly foi the river Peneus. The trident, was also attributed to Nereus' and to the Tritons.* In the contests of gladiators, the Reliariusvni armed with a trident." FUSTUA'RIUM (^vTioKoma) was a capital pun- ishment inflicted upon Roman soldiers for deser- tion, theft, and similar crimes. It was administer- ed in the following manner : When a soldier was condemned, the tribune touched him slightly with a stick, upon which all the soldiers of the legion fell upon him with sticks and stones, and generally kill- ed him upon the spot. If, however, he escaped, for he was allowed to fly, he could not return to his na- tive country, nor did any of his relatives dare to re- ceive him into their houses.' This punishment continued to be inflicted in the later, times of th« Republic,' and under the Empire.* .Different from the fustuarium was the animad- yersio fustiumj which was a corporeal punishment inflicted under the emperors upon freemen,, but, only those , of ! the lower orders (.tenuiores^). It, was, a less severe punishment than the flogging wjth fla- gella, which punishment was confined to .slaves." {Vid. Flagkum.) FUSUS (arpaxTOf), the Spindle, was always, when in use, accompanied by the distaff {colus, ^^«- Karrj), as an indispensable part of the same /appa- ratus." The wool, flax, or other material having been prepared for spinsing, and havipg sometimes been dyed {Mvefkf dpoc ^;i;oii(Ta"), was rolled into a ball (toXvttji, , glomus"),, which was, however, suffi- ciently loose. to allow the fibres to be easily,drawn out by the hand of the spinner. The upper part of the distaff was then inserted into this mass of flax or wool (coZms. comia'i*), and the lovyer part w,as held under the left arm in such a position as was most convenient for conducting the operation. The fibres were drawn out, and, at the same time, ^pirally twisted, chiefly by , the use of the fore finger and thumb of the right hand (daKTtiXoif iXtcae ;" ppUice docta") ; and the thread (Jilum, stamen, vijiia) so pro- duced was wound upon the spindle until the quan- tity was as great as it would carry. 1. (Horn,, II., xii., 37.— Od., IT., 506. — lb., t., 293.— Viij;.. Georg., i., 13.-1(1., jEn., i., 138, 145.— lb., ii., 610. — Cic.,D« Nat.Deor,,!.,, 36.— Philostr., Im.ag-., ii., 14.)— 2, (Claud., De Hap. Pros., ii., 179.)— 3. (Virg., .ffii;., ii., 418.)— 4. (Accius, op. Cic, De Nat. Deor., ii., 35.— Mart., i., 26, 3.)— 5, ( Juv-, ii., 148. — Ib^, Tiii., 203.— 7i(i. Gladiator.)- 6. (Polyb., Ti., 37.— Com- pai« Liv., v., 60—7. (Cic, Phil., iii., 6.)— 8. (Tacit., Ann., iii., 21,)— 9. (Dig. 48, tit^lO, s. 28, if 2.)— 10. (Dig. 48, tit. 10,8.10., 47, tit. 10, B>45.)— 11. (Ovid, Met., It., 220-229.) — 12." (Hoin., Od., iT., 135.)— 13. (Hpr., Epist., i, 1!!, 14.— Ovid, Met.,Ti, 1«.) —14. (Pliii.,.H. N., viii., 74.)— la (Eurip., Orest, 1414.) — »• (Claud., Be Prob. Con»., 177.) KUSUS. The spindle was a stick tsn or twelve inches long, having at the top a slit or catch {dens, ayiun- rpov], in which the thread was fixed, so that the weight of the spindle might continually carry down the thread as it was formed. Its lower extremity was inserted into a small wheel, called the whorl {vorticellum), made of wood, stone, or metal (see woodcut), the use of which was to keep the spindle more steady, and to promote its rotation : for the spinner, who was commonly a female, every now and then twirled round the spindle with her right hand,' so as to twist the thread still more complete- ly ; and whenever, by its continual prolongation, it let dowr. the spindle to the ground, she took it out of the sl.t, wound it upon the spindle, and, having replaced it in the slit, drew uut and twisted another length. All these circumstances are mentioned in detail by Catullus." The accompanying woodcut is taken from a series of bas-reliefs representing the arts of Minerva upon a frieze of the Forum Palladium at jRome. It shows the operation of spinning at the moment when the woman has drawn out a suf- ficient lei[gth of yam to twist it by whirling the spindle with her right thumb and fore finger, and previously to the act of taking it out of the slit to wind it up.in the bobbin (mivwv) already formed. GALE also exhibited in the representations of the threp Fates, who were conceived, by their spinning, to determine the life of every man ; and, at the same time, by singing, as females usually did while they sat together at their work, to predict his future lot.' The disiaif was about three times the length of he spindle, strong and thick in proportion, com- .iionly either a stick or a reed, with an expansion near the top for holding the ball. It was sometimes of richer materials, and ornamented. Theocritus has left a poem^ written on sending an ivory distaff to the wife of a friend. Golden spindles were sent as presents to ladies of high rank i* and a golden distaff is attributed by Homer and Pindar to god- desses, and other females of remarkable dignity, who are called ;i;p«(7?;^/£aT0i. It was usual to have a basket to hold the distaff and spindle, with the balls of wool prepared for spinning, and the bobbins already spun.' (Vid. Ga- LATHUS.) In the rural districts o( Italy, women were forbid- den to spin when they weie travelling on foot, the act being considered of evil omen.' The distaff and spindle, with the wool and thread upon them, were carried in bridal processions ; and, without the wool and thread, they were often suspended by fe- males as offerings of religious gratitude, especially in old age, or on relinquishing the constant use of them.' (Vid. Donaeia, p. 376.) They were most frequently dedicated to Pallas, the patroness of spinning, and of the arts connected with it. This goddess was herself rudely sculptured with a distaff and spindle in the Trojan Palladium,' They were 1. (Herod., v., 12.— Ovid, Met., vi., 88.)— 2. (Ixiv., 305-319.) -3. (Idyll., Mviii.)— 4. (Homer, Od., iv., 131. —Herod., iv., 162.)— 5. (Bninck, Anal., ii., 12 .Ovid, Met., iv., 10.) — 6. (FUn., H. N., xxviii., 6 ) —7. (Plin., H. N., viii., 74.)— 8. (Apol- -v1.. iii., 12, 3.) Nhk GABINUS CINCTUS. (Fi<2. Toga.) G.'ESUM (yoitrof), a term probably of Celtic ori- gin, denoting a kind of javelin which was used by the Gauls wherever their ramifications extended • Hody, in order to prove the comparatively late date of the Septuagint version of the book of Joshua, in which this word occurs,^ has proved that it was not known to the Romans, Greeks, or Egyptians until some time after the death of Ptolemaeus Lagi.* It was a heavy weapon," the shaft being as thick as a man could grasp, and the iron head barbed, and of an extraordinary length compared with the snaft.' The Romans adopted the use of the gaesum fron> the Iberians.' *GAGA'TES LAPIS (yaydrrK ;i.i%), a species of Fossil, supposed to have been the same with the modern Jet. This last is ii ill even called Gaga- tes by some mineralogists, a name derived from the river Gagas, in Lycia, about whose mouth this min- eral was found." " The Gagate," says Adams, " is a fossil bituminous substance, containing carbon and ethereal oil. Without doubt it is jet, which, in the systems of modern mineralogists, is held to be a variety of lignite. The Gagate is called 'Black Amber' by Pliny ; and, in fact, it is nearly allied to amber ; for, when rubbed for some time, it becomes electric like amber.'" GAIUS. (Vid. Instithtiones.) ♦GALACTI'TES LAPIS (yaUKTiTTji Woi), stone of an ashen colour, according to JDioscorides sweet taste, and yielding a milky juice when tritura- ted. Pliny makes it to have been of a milky col- our, and to have been brought from the vicinity of the Nile." (Firf. Galaxias.) *GALAX'IAS LAPIS {yaXa^ias), a stone of an ashen colour, intersected sometimes with white and red veins. " It may be gathered from Dioscorides and Pliny," observes Dr. Moore," " with the authors cited in the notes of Hardouin, that galaxias, galacti- tes, morochthus, maroxus, morochites, leucogaea, leucographia, leucographis, and synophites, differed in httle except name, or were, in fact, varieties of the same substance, which came either from the Nile or the Acheloiis ; vi-as ash-coloured, or greenish, or leek-coloured, sometimes with red and white veins ; was readily soluble ; and when rubbed on stone or a rough garment, left a white mark ; besides which, when dissolved, or when triturated in water, it ajj- pears to have resembled milk in colour and in taste. Now minerals that answer the above description tolerably well are Spanish chalk and certain other varieties of steatite, which are found of the col- ours indicated ; may be mixed with, and suspended in, water, so as to give it a milky appearance, and a smooth, sweetish taste ; and which, moreover, make a white mark when rubbed upon stone or cloth." *II., a name given by Galen to the Lamprey, a(v cording to Artedi." *GALBANUM. {Vid. Chalbane.) *GALE (yoKfj), commonly thought to have been the Muslela vulgaris, or Weasel. There are, how- X. (Catull., I. c.)— 2. (Virg., JEn., viii., 662.— Cks., Bell. Gall., iii., 4.)— 3. (ch. viii., v. 18.)— 4. (De Eibl. Text., ii., 8.)— 5. (Festus, s. v. GiEsum.)— 6. (Polyb., vi., 21.)— 7. (Athen., vi, 106.): — 8. (Plin., H. N., xxxvi., 34. — Moore's Anc. MinerRlogy, p. 107.)^9. (Adams, Append., s. v.) — 10. (Moore's Anc, Kr«i., p 1000-11. (Anc. Min., p. 101.— Dioscor., v., 152.— Plin., H. N zzxvii., 59.) — 12. (Adams, Append., s. v.) 465 GALEA. GALLl. ever, aeeoiding to Adams, objections to this opin- ion. The Putorius, or Foumart, is noticed by Isi- Jorus, but no mention of it occurs in the works of the Greek authors now extant.' GA'LEA {Kpdvo;, poet. Kopvc, 7r^A;;f), a Helmet, a Casque. The helmet was originally made of skin or leather, whence is supposed to have arisen its appellation kwItj, meaning properly a helmet of dog- skin, but applied to caps or helmets made of the hi le of Other animals (javpdri, KnSiri,' aiyeiji,' ga- lea lupina*), and even to those which were entirely of bronze or iron {irajxalicos^). The leathern basis of the helmet was also very commonly strengthened and adorned by the addition of either bronze or gold, which is expressed by such epithets as xal- h^prjC, EVxc^Koc, XP'""^'-'!- Helmets which had a metallic basis (/cpiivT/ ;i;oi./ca') were in Latin proper- ly called cassides,'' although the terms galea and cas- sis are often confounded. A casque {cassis) found at Pompeii is preserved in the collection at Good- rich Court, Herefordshire." The perforations for the lining and exterior border are visible along its edge. A side and a front view of it are presented • the annexed woodcut. Two casques very like this were fished up from tlie bod of the Alpheus, near Olympia, and are in the possession of Mr. Hamilton.' Among the mate- rials used for the lining of helmets were felt {mlo^^') and sponge." The helmet, especially that of skin or leather, was sometimes a mere cap conformed to the shape of the head, without either crest or any other orna- ment {iupa/iov Ts Koi alofov"). In this state it was probably used in hunting {galea venatoria"), and was called iiaTaiTv^,'-'' in Latin Cudo. The preceding woodcut shows an example of it as worn by Dio- mede in a small Greek bronze, which is also in the collection at Goodrich Court." The additions by which the external appearance of the helmet was varied, and which served both for ornament and protection, were the following : 1. Bosses or plates, proceeding either from the top (^aAof'") or the sides, and varying in number from one to four (a/z^/^aAof, (Ji^a^of,'' rsrpufaTiOQ^^). The i^aKoQ was often an emblematical figure, refer- ring to the character of the wearer. Thus, in the colossal statue of Minerva in the Parthenon at Ath- ens, she bore a sphinx on the top of her helmet, and a griffon on each side." 2. The helmet thus adorned was very commonly surmounted by the crest {crista, Xo^of), which was often of horsehair (i7r7rowpifi7r7ro(5acfeM;"Ai5^ui; Id- etpai ;" hirsuta juba"), and made so as to look impo- sing and terrible," as well as handsome" {evXoipog"). In the Roman army the crest served not only for ornament, but also to distinguish the different cen- turions, each of whom wore a casque of a peculiar form and appearance." 1. (Adams, Append., s. v. — Sprengel ad Dioscor., ii., 28.) — 2^ (Mom., IL, X., 258, 335.)— 3. (Od., xxiv., 230.— Herod., vii., 77. — Compare Kpdvti oKvriva : Xen.. Anab., v., 4, 13.) — 4. (Propel., iv., 11, 19.)— 5. (Od., xviii., 377.)— 6. (Xen., Anab., i., 2, 16.)— 7 (Isid., Orig., xviil., 14.^Tacit., Germ., 6. — C£BSar,'B. G., iii., 4S,)— 8. (Skelton, Engraved Illust., i., pi. 44.)— 9. (Dodwell, I'jnr, ii., p. 330.)— 10. (Horn., II., i., 265.)— 11. (Aristot., H. A., T,, 16.)— 12. (II., jc., 258.)— 13. (C. Nop., Dat., iii., 2.) —14. (Horn., n., 1. o.)— 15. (Skelton. 1. c.)— 16. (Hom., II., iii., 362.) ~I7. (Horn., II., v., 743.— Id. ib., xi., 41.— Enstath., ad loca- ls. (II., xli., 384.)— 19. (Paus., i., 24, 5.)— 20. (Horn., 11., sxii., Sla.)— 21. (Horn., U., 11. cc.)— 22. (Theoor., xxii., 186.)— 23. (Proper!., iv., 11. 19.)— 21. (Hom., II., iii., 337.— Vir^., Xn., viii., «aO.)— 25. (Ib.,ij., 36.5 )-SS. (Heliod., iEth.,vii.;— 27. (Veeet., ii., 13.) Af-} 3. The two cheek-pieces (6u.j<;ii'it,' rtafiaytalti (Jef'), which were attached to the helmet by hinges, so as to be lifted up and down. They had buttong or ties at their extremities for fastening the hel- met on the head.' 4. The beaver or visor, a peculiar form of which is supposed to have been the av/iuKi; rpvijidleui i. e., the perforated beaver.* The gladiators worj helmets of this kind,' and specimens of them, no( unlike those worn in the Middle Ages, have been found at Pompeii. Woodcuts illustrative of these four classes of at ditions to the simple cap or morion occur at p; 26 27, 94, 95, 133, 268, 332, 381, 429. The five follow^ ing helmets, more highly ornamented, are selected from antique gems, and are engraved of the size of the originals. *rAAEOS ASTHPIAS {yaXeof: aanipiat). a spe- cies of Fish, either a variety of the Squalus Musle- las, or else the Spotted Dog-fish, S(jualvs Canicw- la.' *rAAEOS KTflN {yalsog Kvm), the Squains Ga- leus, L., or Tope It is a very voracious specien of Shark, and its flesh has an offensive smell' *rAAE02 AEIOS (yaAEOf ?ielo;), a species of Fish, the Squalus Mustelus, L., or Smooth Hoiind, oi Smooth Shark of Pennant. Mustelus is the Latin translation o^yaXsoQ, and generic for the Squali. *rAAEOS POAIOS (yaXsbc 'Podio;), a variety of the Accipcnser Stuno, or Sturgeon.' GALERUS. {Vid. Coma, p. 293.) *GALIOPSIS {yaXlafi.^), a plant, of which the following description is given by Dioscorides;;' " The whole plant, with its stem and leaves, resem- bles the nettle ; but its leaves are smoother, and considerably fetid when rubbed ; its flowers are small and purplish." " It is diflicult to say," re- marks Adams, "whether this description applies better to the Galiopsis Tetrahit (common Hemp-net- tle), or to the Lamium purpureum (Red Dead-nettle). Bauhin prefers the latter ; and, indeed, I sm not aware that any of the commentators acknowledge it as the former, although it appears to me not in- applicable. "Sibthorp, however, has fixed on a plan* different from either, namely, the Scrofularia pert- grina, or Nettle-leaved Figwort. I am v/holly un- acquainted with it."" *GALIUM {ydXwv}, the Galium Vemm, or Yellow Bedstraw. The Greek name is derived from ya?jt, " milk," because the plant was used instead of run- net to curdle milk. Sibthorp found it in Samoa and in the Peloponnesus. The Galium Vcrriicomm is the diraplvr/ of Dioscorides." ' GALLI was the name of the priests of CyMc, whose worship was introdv ced at Rome from Phrygia 1. (Juv., X., 134.)— 2. (Eus'nth. in H., v., 743.)— 3. (Val. Flacc.j vi., 626;) —4. (Horn., il., xi., 353. — Hase, Life of Aac Greeks, oh. T.) — 5. (Juv., viii., 203.) — 0. (Aristot., H. A.,^, 10.— Id. ib., vii., 11.— Adams, Append., s. v.)— 7. (Aristot., H A., vi., 11.— Plin., H. N., ix., 46. — Adams, Append. i. v.) — " (Aristot., H. A., vi., 18. — Adams, Append., s. v.) — » . V 1—13 (p. 273. ed. Bin.) pears on the silver coins of the people Oi baiiio thrace and Himera at least six centuries before the Christian era. Athensus cites a passage from a Greek writer named Menodotus, in which the cock is spoken of as a native of Persia ; and in another part of his work he quotes from Cratinus, who calls the cock a Persian bird. Aristophanes also styles the domestic fowl a bird of Persian origin in his comedy of the Aves. Beck, however, in his com mentary on Aristophanes, thinks that the cock was called Persian from the resemblance of its comb to the Persian covering for the head ; but the passage cited by Athenaeus from Menodotus assigns a much more probable reason. — ^ Cock-fighting became in time a favourite amusement among the Greeks. Pliny says that battles of this kind were annually ex- hibited at Pergamus, in the same manner as com- bats of gladiators. Cock-fights were also repre- sented by the Greeks on coins and cut stones. Various means were also employed to increase the irritability and courage of these birds. Dioscorides and Pliny speak of a plant named adiantum having been used for this purpose. Garlic was also given, as we are told by Xenophon. — The following singu- lar description of the cock is given by Pliny : " Af- ter the peacock, the birds which are most sensible to glory are those active sentinels which Nature has furnished to arouse us from our matin slum bers, and send us to our daily occupations. They are acquainted with the stars, and every three hours they indicate by their crowing the different periods of the day. They retire to repose with the setting sun, and from the fourth military watch they recall us loudly to our cares and labours. They do not suffer the daybeam to surprise us without timely warning. Their crowing announces the hour of morning; and the crowing itself is announced by the clapping of their wings. Each farmyard has its peculiar king ; and among these monarchs, as among princes of our own race, empire is the meed of victory. They appear to comprehend the design of those weapons with which their feet are armed. It is not uncommon for two rivals to perish in the combat. If one be conqueror, he immediately sings forth his triumph and proclaims his suprema- cy : the other retreats and disappears, ashamed of his defeat. The gait of the cock is proud and com- manding; he walks with head erect and elevated crest. Alone of all birds, he habitually looks up to the sky, raising at the same time his curved and scythe-formed tail, and inspiring terror in the lion himself, that most intrepid of animals. Some of these birds seem actually born for nothing but war- fare and battles ; some have rendered the countries which produced them famous, such as Rhodes and Tanagra. The second rank is assigned to those from Melos and Chalcis — birds truly worthy of the homage they receive from the Roman purple 1 Their repasts are solemn presages ; they regulate daily the conduct of our magistrates, and open or close to them their dwellings. They prescribe re pose or movement to the Roman fasces ; they com- mand or prohibit battles ; they have announced all the victories gained throughout the universe ; in a word, they lord it over the masters of the world. Their very entrails and fibres are not less agreeable to the gods than the richest victims Their pro- longed ncftes in the evening, and at ejilraordinir^ hours, constitute presages. By crowing all night long, they announced to the Boeotians a celebrated victory over the Lacedemonians : thus did the di- viners interpret it, because this bird never crows when he is. conquered."' — The cock was sacred to Mars, on account of its courageous spirit and pug. ) 'GiifEth's Ctt\iel, vol viii , p 1 ?0, een incluOeil in tlie same deouria. But to assume this is nothing more than to say tnat the political system was formed by beginning with aggregations of families ; iot if the ultimate political division, the decuriae,, was to consist of aggregates of gentes (thus understood), such arrangement could only be effected by making aggregation of families the basis of the political system, and then ascending from them to decurise, from decuria; to curiae, and from curise to tribes ; a proceeding which is inconsistent <7ith saying that the curiae were subdivided into de- sariae, for this mode of expression implies that the eurise were formed before 'the decuria;. But the in- troduction Df new gentes is conceivable even on the hypothesis :;f the gens being a mere political divis- ion. If the number was originally limited, it is per- fectly consistent with what we know of the Roman constitution, which was always in a state of pro- gressive change, to suppose that the strict rule of limitation was soon neglected. Now if a new gens was introduced, it must have been assimilated to the old gentes by having a distinctive name ; and if a number of foreigners were admitted as a gens, it is conceivable that they would take the name of some distinguished person among them, who might be the head of a family consisting of many branches, each with a numerous body of retainers. And this is the better tradition as to the patrician Claudii, who came to Rome with Atta Claudius, their head (gentis princeps), after the expulsion of the kings, and Were co-optated (co-optati) by the patres among the patricii ; which is the same thing as saying that Ihis immigrating body was recognised as a Roman gens.' Accordmg to the tradition, Atta Claudius received a tract of land for his clients on the Anio, and a piece of burying-ground, under the Capitol, was given to him by the state IpuUice). According to the original constitution of a gens, the possession of a common burying-place, and the gentile right to interment therein, were a part of the gentile sacra.' It is probable that even in the time of Cicero the proper notion of a gens and its rights were ill un- derstood ; and still later, owing to the great chan- ges in the constitution, and the extinction of so many ancient gentes, the traces of the jus gentiliti- um were nearly effaced. Thus we find that the words gens and familia are used indifferently by later writers, though Livy carefully distinguishes them. The " elder Pliny speaks of the sacra Ser- vihae familiae ; Macrobius of the sacra familiae Clau- diae, .■Emiliae, Juliae, Corneliae ; and an ancient in- scription mentions an -Edituus and a Sacerdos Ser- gia; familite, though those were all well-known an- cient gentes, and these sacra, in the more correct language of the older writers, would certainly have been called sacra gentilitia.") In the time of Gains (the age of the Antonines), the jus gentilitium had entirely fallen into disuse.* Thus an ancient institution, which formed an in- tegral part of the old constitution, and was long held together by the conservative power of religious rites, gradually lost its primitive character in the changes which circumstances impressed on the form Bf the Roman state, and was finally extinguished. The word Gens has recently been rendered in English by the word House, a term which has here been purposely neglected, as it is not necessary, and can only lead to misconception. The subject of the gens is discussed with great geuteness both by Niebuhr' and by Maiden.' The views of Goettling are contained in his Ges- I. (Suet., Tib., 1.)— 2. (Cic, Leg., ii., 22.— VcU. Palere., ii., li. — Festus, s. V. Cincia.— Liv., iv., 3.^Id., vi., 40. — Virgil, iSi., vii., 706.)— 3. (Savigny, Zeitschnft, ii., 385.)— 4. (Gaius, rii- 17.) — 5. (Hist, of Rome, vol. i.) — 6. (Ilist. of Rome, pub- lisneii by the Society for the Diffusion uf Useful Knowledge.) chichte dsr Rom. Staatsverfassung, Halle, 1 S4 !). Sen also Savigny, Zcitschrift, ii.. p. 380, &c., and Unter- holzner, Zeitschrift, v., p. 119. *GENTIA'NA {yevTtavaj, Gentian, or Bilter wort, deriving its name from Gentius, a king fi( lUyricum, w'ho first discovered 5ts properties. All the plants of the family of Gentianacea; are most use- ful in medicine, on account of the pure, intense bittei which they contain. According to Pliny, the best kind of Gentian was obtained from Illyricum. It was found also in abundance at the foot of the Alps, in moist grounds.' According to modern botanical writers, the gentianaceous plants are found chiefly in mountainous situations, " where they breathe a pure and rarefied air, are exposed to bright light during the short summers of such regions, and, although fixed during winter in places intensely cold, yet are so well prepared to resist it by Ihei warmth of their summer, and so much protected by the snow which covers them, as to suffer no injury." The ysvTiavu, of Dioscorides is the Gcntiana lutea. Such, at least, is the opinion of all the earlier com- mentators, and which is adopted by Adams, though Sprengel remains undecided." GENTILES. (,Vid. Gens.) GENTI'LITAS. (Kirf. Gens.) GEO'MOROI {yeujiopoi, Doric ya/iopoi) is tne name of the second of the three classes into which Theseus is said to have divided the inhabitants of Attica.^ This class was, together with the third, the dti/uovpyoi, excluded from the great civil and priestly offices, which belonged exclusively to the eupatrids, so that there was a great distinction be- tween the first and the two interior classes. "We possess, however, no means to ascertain any par- ticulars respecting the relation in which the yea/io- poi stood to the two other classes. The name may either signify independent land-owners, or peasanta who cultivated the lands of others as tenants. The yeu/idpoi have, accordingly, by some writers been thought to be free land-owners, while others have conceived them to have been a class of tenants. It seems, however, inconsistent with the state of af- fairs in Attica, as well as with the manner in which the name yeupopot was used in other Greek states, to suppose that the whole class consisted of the lat- ter only , there were, undoubtedly, among them a considerable number of freemen, who cultivated their own lands,* but had by their birth no claims to the rights and privileges of the nobles. "We do not hear of any political distinctions between the yea/io- poi and the Sijiuovpyot: and it may either be that there existed none at all, or, if there were any ori- ginally, that they gradually vanished. This wouIp account for the fact that Dionysius' only mentions two classes of Atticans ; one corresponding to tht Roman patricians, the other to the plebeians.' In Samos the name ytajiopoi was applied to the oligarchical party, consisting of the wealthy and powerful.' In Syracuse the aristocratical party was likewise called ysapopoi or ya/ibpoi, in opposi tion to the iJ^/jof .• GEPHURA. (Yid. Bridge.) *GERA'NIUM (ycpavLov), the Geranium. " The distinguishing character of this order is to have a fruit composed of five cocci or cases, connected with as many thin flat styles, consolidated round a long conical beak." From the resemblance which this 1. (Plin., H. N., ixv., 7.— Dioscoi-., iii., 3.— Id., iii., 181.- Adams, Append., s. v.)— 2. (Adams, 1. c.)— 3. (Plut., Thes., 25 — PuUux, Onom., vii).. 111.) — 4. (Timseus, Glossar., s. v. yew- /iiipoi.— Valckenaer ad Herod., v., 77.)— 5. (ii., 8.)— 6. (Thirl- virall. Hist, of Greece, ii., p. 14. — Wacbsmuth, Hellcn. Alter thumsk., i., 1, p. 231, etc.- Plainer, Beitrilje, &c., p. 19.— Tilt- mann, Griech. Staatsv., p. 575, 6u,, ta which the councillor whose place was vacant had belonged ; and as the office was for life, and there- fore only one vacancy could (in ordinary cases) hap- pen at a time, the attention of the whole state woulc be fixed on the choice of the electors. The offit- 12. (1. c ) 473 GEROUSIA GEROUSIA Tlie functions or tlie councillors were partly de- liberative, partly judicial, and partly executive. In the discharge of the first they prepared measures and passed preliminary decrees,' which were to be laid before the popular assembly, so that the impor- tant privilege of initiating all changes in the govern- ment or laws was vested in them. As a criminal court they could punish with death and civil degra- dation (uTiiua'), and that, too, without being restrain- ed by any code of written laws,' for which national feeling and recognised usages would form a sufS- eient substitute. They also appear to have exercised, hke the Areiopagus at Athens, a general superin- tendence and inspection over the lives and manners of the citizens {arbitri el magistri discipline pub- lico.*), and probably were allowed " a kind of patri- archal authority to enforce the observance of ancient usage and discipline.'" It is not, however, easy to define with exactness the original extent of their functions, especially as respects the last-mentioned duty, since the ephors not only encroached upon the prerogatives of the king and council, but also pos- sessed, in very early times, a censorial power, and were not likely to permit any diminution of its extent. III. The iKKlTiaia, or Assembly of Spartan Freemen. This assembly possessed, in theory at least, the su- preme authority in all matters affecting the general interests of the state. Its original position at Sparta is shortly explained by a rhetra or ordinance of Ly- curgus,- which, in the form of an oracle, exhibits the principal features of the Spartan polity : "Build a temple," says the Pythian god, "to Hellanian Zeus and Hellanian Athena ; divide the tribes, and institute thirty obas ; appoint a council with its jirinces ; cull an assembly (oTrcX^lafejv) between Babyca and Knakion, then make a motion and de- part ; and Itt there be a right of decision and power to the people" (da/icj Se Kvpidv iifiev Kcl Kparo;'). By this ordinance full power was given to the people to adopt or reject whatever was proposed to them by the king and other magistrates. It was, however, found necessary to define this power fflore exactly, and the following clause, ascribed to the kings Theopompus and Polydorus, was added to the original rhetra : " but if the people should follow a crooked opinion, the elders and the princes shall withdraw" {roiig irpea&vyevEag xal apxayerag imoaTatTipaQ fifiev). Plutarch' interprets these words to mean, " That in case the people do not either re- ject or approve in toto a measure proposed to them, the kings and councillors should dissolve the as- sembly, and declare the proposed decree to be in- valid." According to this interpretation, which is confirmed by some verses in the Eunomia of Tyr- tajus, the assemhy was not competent to originate any measures, but only to pass or reject, without modification, the laws and decrees proposed by the proper authorities : a limitation of its power, which almost determined the character of the Spartan constitution, and justifies the words of Demosthenes, who observed,' that the yepovaia at Sparta was in many respects supreme : LcandrriQ iari rCiv noXkuv. All citizens above the age of thirty, who were not labouring under any loss of franchise, were admiss- ible to the general assembly, or aireXka,' as it was called in the old Spartan dialect ; but no one except public magistrates, and chiefly the ephors and kings, addressed the people without being specially called upon." The same public functionaries also put the ;.. 14.)— (I. iTentor, ■ v. Tlineces.)— 7. (Suet., Cal., 32.) 1. (viii., 20!.)— 2. (I.e.)— 3. (PlJn., H. N., Miv.j JJ. — Cip tol.. Gold., 3.— V ipisc., Carin., 18.)— 4. (Pomp., i., pi. its ) 477 (il-ANS. GLECHON Dfy a mirinillo ; the former is holding up his hand to the people to imploru mercy, while the latter appa- rently wishes to become his enemy's executioner before receiving the signal from the people, but the lanista holds him back. In the other combat a rairmillo is mortally wounded by a Samnite. It will be observed that the right arm of every figure is protected by armour, which the left does not require, on account of the shield.' {Vid. Besti- . Rii, Venatio.) •GLAD'IOLUS (fi'^jov and ^aaydviov). Corn-flag or Sword-grass. Gaza, in his version of Theophras- tus, renders the Greek term by ensis. The people of Zante call it, at the present day, aypwKOKopo; ; the rest of the modern Greeks, avadhmpTov. Sibthorp fonnd a variety, which he names G. triphyllus. The botanical name for the Gladiolus of the ancients is G. communis or vulgaris. This is found in the fields of the ./Egean islands at the beginning of spring.' GLADIIIS (fi'^^f' ?"«'■ ""Pi ^"ffyofov), a Sword or Glaive, by the Latin poets called ensis. The an- cient sword had generally a straight, two-edged blade (aiKpriia^^), rather broad, and nearly of equal width from hilt to point. Gladiators, however, used a sword which was curved like a cimiter.* In times of the remotest antiquity swords were made of bronze, but afterward of iron.' The Greeks and Romans wore them on the left side {vid. p. 93 ; woodcut, p. 597"), so as to draw them out of the sheath {vagina, KoXeo^) by passing the right hand in front of the body to take hold of the hilt with the thumb next to the blade. Hence iEschylus dis- tinguishes the army of Xerxes by the denomination of /laxaipofOpov IBvo;,'' alluding to the obvious dif- ference in their appearance in consequence of the use of the Acinaces instead of the sword. The early Greeks used a very short sword. ( Vid. ■woodcut, p. 94.) Iphicrates, who made various improvements in armour about 400 B.C., doubled i*s length,' so that an iron sword found in a tomb at Athens, and represented by Dodweli," was two feet five inches long, including the handle, which was also of iron. The Roman sword, as was the case also with their other oflfensive weapons, was larger, heavier, and more formidable than the Greek.'" Its length gave occasion to the joke of Lentulus upon his son-in-law, who was of very low stature, " Who tied my son-in-law to his sword 1"" To this Roman sword the Greeks applied the term o5n':9!/,'' which was the name of a piece of wood of the same form used in weaving. ( Vid. Tela.) The British glaive was still larger than the Roman." In a monument found in London, and preserved at Ox- ford, the glaive is represented between three and four feet long.'* The principal ornament of the sword was be- stowed upon the hilt." {Vid. Gapui.us.) Gladius was sometimes used in a wide sense, so as to include Pdgio." GLANDES. (Vid. Funda.) *GLANS. "This term," observes Martyn, " seems to have been used by the Romans in the same sense that we employ the word Mast, name- ly, to indicate the fruit of the beech, oak, or other forest-trees. Thus the fruit of the beech is called glans by Pliny, 'fagi glan.i, nuclei similis.' But, strictly spealcing, it means only such fruits as con- 1. (LipsiQS, Saturnalia.) — 2. (Dioscor., iv., 20, 22. — Theo- phrast., H. P., vii., Jl. — Billerbeck, Flora Classica, p. 13.)— 3 (Horn., I!., X., 256.)— 4. (Mariette, Eecueil, No. 92.)— 5. (Euriu., PhoBn., 67, 529, 1438.— Virg., jEn., W., iJTg.— Id. ib., vi., 260.)— ». (Sid. >.po'J., Carm., 2.)— 7. (Pors., 56.)— 8. (Diod. Sic, xv., 44.)— 9. (Tour, i., p. 443.)— 10. (Florus, ii., 7.)— 11. (Macrob., Saturn., ii.)— 12. (Arrian, Tar.t.)— 13. (Tac., A^c, 36.)— 14. (Hontfaucon, Supplem., iv., p. Ifi.)— 15. (Virff., Mn., xii., 943.) -l«.(Aul. Gell.,ir., 13.) 478 tain but one seed, which is covered at the lowei part with a husk, and is naked at the upper part, thus the fruit of an oak, which we commonly caj an acorn, is properly a glans. ' Glandem,' sajs Pliny, ' qua proprie intelligitur, ferunt robur, guercu\ asculus, cerrus, ilex, suber.' '" *GLASTUM {lean;), Woad, or Isatis tinctoria, long celebrated for proiucing a dye of a beautiful blue colour. The ancient Britons, according to Cassar and other writers, stained their bodies with the juice of this plant, a custom which, accordins to Pliny, extended even to females. Two kinds ot Itatis are mentioned by the ancient writers; the domesticated, or saliva, the same with the /. tiTido no, and the wild, or uypia, corresponding to the / Lusitanica.' ♦GLAUC'IUM {jXavKwv'), the Horned Poppy, named by Bauhin Papaver corniculatum, and bj more modern botanists, Glaucium corniculatum, Curt. Sibthorp found it growing abundantly along the sandy shores of Greece.' *GLAUCUS {yXavKoc:), the blue Shark, or Sfim- lus Glaucus, called in French Le Chien de Mer. .lElian describes the paternal care of this fish for its offspring in guarding it against dangerous foes ; ira- TJjp 6' iv ixBvaiv 6 y^avKo; ol6( lari ! k. t. X.* *GLAUX (yXaif), " the Slrix Bubo, L., knoun by the English names of Eagle Owl, Great Owl, and Great Horned Owl. The urof is the Sirii Otus, or Horned Owl. The aiyuXw^ of Ariststle may be conjectured to be the Strix nyctea, or Great White Owl.'" Dodwell, speaking of the owls in modern Greece, observes, " There are many varie- ties of owls at Athens ; the most common is the Strix passcrina, which is very small and tame, and is the same that is represented on Athenian coins. They have a particular note, of which their Greek name, KovKovBayia, is perfectly expressive, and to which that circumstance must have given rise, since, the cuckoo has received its appellation from a similar resemblance. It is a singular circum- stance, that the Athenians are pleased with seeing the bird of Minerva perch upon their houses. In all other countries it is supposed as anciently to portend calamity and death." The selection of the owl as the emblem of Minerva originated, as is thought, from the circumstance of this bird's hav- ing a particular air of intelligence, owing to the ele- vation of the facial line." *II. a plant, which Tragus and Bauhin are in- clined to refer to a species oi Poly gala, or Milkwort; but Sprengel follows Clusius in holding it to be the Astragalus Glaux. The English name of the As- tragalus is Milkvetch.' *GLECHON ^y^x"''')< the Mentha pulegium, oi Pennyroyal. Apuleius says, " Gmci ISlechon, da Glechon, et Latini Pulegium." The former of these two Greek expressions, namely, Blechon {^'Kiix'^^)< of which the other {Glechon) is merely a dialectic variation, comes, according to the ancient writers, from P'krixn, " bleating," because the plant, when eaten by sheep and goats, makes them bleat. The Latin name pulegium was given to it because it was believed to kill fleas {pidices) by its odour. Two kinds of pulegium are mentioned by the an- cients, the domesticated {sa.livum) and wild {sylui- ire). Pliny gives a long enumeration of its medical properties, and cites the saying of Varro, that a crown of Pennyroyal was more fit to adorn an apartment than one of roses. The same writer distinguishes also between the male and female pu- 1. (Martyn ad Viig., Georg., i., 305.)— 2. (Cses., B. G., v., 14. — Plin., n. N., ixii., 1.— Dioscor., ii., 215.— BillRrbeck, Flon Classica, p. 174.) —3. (Dioscor., iii., 90.— Adams, Append., »• »■) — 4. (.^lian, N. A., i., 16.— Adams, Aiiprnd., s. v.)--S. (AJaoi* Append., s. v.) — 6. (Dodwell, Tour, ii., r- 43.)— 7. (DioKor .w IXft.. — Adams, Append., 8. T.) tiRAMMATEUS. GRAPHE. .egiDtn, which Dioscorides does not, and, botanically speaking, this distinction is a vicious one. Apulei- us, without douht following Pliny, says that the fe- male pulegium has a red flower, and the male a white one ; but he gives no preference for medical purposes to either the one or the other Itind.^ *(tLIS, the Rell-mouse, or Glis escvlentus, a branch of the Dormouse family. It is the /ivo^o^ of the Greek writers, which is most probably the eame with the k^isiog of Aristotle. Linnaeus calls it the Myoxus Glis.' ♦GLOTTIS {-Y^-aTTtg), the name of a bird men- tioned by Aristotle. " The most probable conjec- ture," says Adams, " which I can form respecting it, is, that it was the Totanus Glottis, Bechstein, called in English the Greenshank or Great Plover.'" *GLYCYRRHIZ'A (,y?.vKv/i^t^a), Liquorice. Sprengel, in his R. H. H., acknowledges it to be the Glycyrrhiza. glabra ; but in his edition of Dioscori- des he prefers the G. glandulifera. Batihin, Hill, Miller, and Dierbach agree that it is the variety of Liquorice now named G. capite echinato, which is described by Dioscorides. Sibthorp also makes it to be the G. echinat.* 'GLYCYM'ARIS {jlvKv/iapis), a fish of the tes- taceous order. Coray inclines to refer it to the Area glycymaris, L. I,amarck makes it a distinct genus.' •GLYCYS'IDE (jTivKvalSn), according to Dios- corides and Galen, a synonyme of the rraimia. "The two species described by them," remarks Adams, " are most probably the Paonia ogkinalis, or Male Pseony, and the P. corallina. Stackhouse holds the yXvKvaiSri of Theophrastus to be the P. nohilis.'" ♦GN.APHALTUM {yvaijidXtov), according to Bau- hin, the "Herba impia" of Pliny, which he calls the Gnaphalium «!ilgare, bat which is now termed G. Germanicum by British botanists. It is the common Cudweed of Great Britain. " This seems to be a probable view of the subject," remarks Adams, " but it becomes me to state that Sprengel, upon the au- thority of Matthiolus, Dodonaeus, and others, holds it to be a species of Lavender-cotton, namely, the Otanihus maritimus, Zink."' ♦GNAPH'ALUS (yvcifaXos), a bird of ^ passage described by Aristotle. Buffon conjectures that it was the Bohemian Chatterer (Garrulus Bohemicus) ; an opinion discountenanced by Linnaeus, but which Adams considers a very probable one.' GNOMON. (Vid. HoEOLOGroM.) *GOBIUS (/ccjSiif), the Sea Gudgeon or Gobey. Griflith thinks that the Gobey is the Phycis of the ancients, " the only fish that constructs a nest."' *GOSSIPTON. The Cotton-tree. (Vid. EPI- 0*QPON AENAPON.) GRADUS COGNATIONIS. {Vid. Cognati.) GRAMM'ATEUS {ypa/i/iaTevc), a Clerk or Scribe. Among the great number of scribes employed by the magistrates and government of Athens, there were three of a higher rank, who were real state officers." Their functions are described by Pollux." One of them was appointed by lot, by the senate, to serve the time of the administration of each pry- tany, though he always belonged to a different pry- tany from that which was in power. He was therefore called ypamiaTsv^ Kara ■Kpvraveiav}' His province was to keep the public records, and the de- 1. (Nicand., Alex., 128.— Dioscor., iii., 33.— Plin., H.N., xx., 14.)— 2. (Aristot., H. A., viii., 19.— Adams, s. v. MnrSf.)— 3. (Aristot., II. A., viii., 14. — Adams, Append., s. v.)— 4. (Dioscor., iii., 7. — ^Adams, Append., s.v. — BiUerbeck, Flora Classica, p. 192.)— 5. (Plin., H. N.,. xxxii., 11.— Adams, Append., a. v.)— 6. Crheophrast., ii., 9.- -Dioscor., iii., 147.— Nicand., Thor., 940.— Adams, Append., s.v.) — 7. (Dioscor., iii., 122. — ^Adams, Append., •.T.)— 8. (Aristot., H. A., ix., 16.)— 9. (GrifBth's Cuyier; vol. X., p. 236.)— 10. (SuidaB, s. v.)- 11. (OmTn.,Tiii., 98.)— IS. (De- mo^th.. c. Timocrat., p. 720 * crees of the people which were made during in' time of his office, and to deliver to the thesmothets the decrees of the senate.' Demosthenes, in an- other pasoage,^ states that the public documents, which were deposited in the Metroon, were in the keeping of a public slave ; whence we must suppose, with Schomann,' that this servant, wlioai; cSice was probably for life, was under the Ypa/xfiarevc, and was his assistant. Previous to the archonshipof Euclei- des, the name of this scribe was attached to the beginning of every decree of the people ;* and the name of the ypafi/iaTnic; who officiated during the administration of the first prytany in a year was, like that of the archon eponymus, used to designate the year. The second ypa/ifiarevc was elected by the senate by x^tpoTovia, and was intrusted with the custody of the laws (,M tov; vo/jtov;^). His usual name was ypa/t/iarevc rijg /SouX^f, but in inscriptions he ia also called ypafifiarsvg tCiv jiov'XtvTCyv.^ Farthei particulars concerning his office are not known. A third ypafiiiarev; was called ypafifiarevc Tfjg tot ^EWf,^ or ypafjLfiaTEVQ rijQ j3ov?t.^g Kal rov dvfiov. He was appointed by the people by x^iporovta, and the principal part of his office was to read any laws or documents which were required to be read in the assembly or in the senate.' A class of scribes inferior to these were those persons who were appointed clerks to the several civil or military officers of the state, or who served any of the three ypa/ifiarelg mentioned above as under-clerks (moypaft/iaTeZg'). These persons were either public slaves or citizens of the lower orders, as appears from the manner in which Demosthenes speaks of them, and were not allowed to hold their office for two succeeding years." Different from these common clerks were the avTiypaij)eic, checking-clerks or counter-scribes, who must likewise be divided into two classes, a lower and a higher one. The former comprised those who accompanied the generals and cashiers of the armies," who kept the control of the expenditure of the sacred money, &c." The higher class of avTiypapetc, on the other hand, were public officers. Their number was, according to Harpocration," only two, the uvriypa^ev; rfjg dioiier/aeug, and the uvTiypa(^Evg rfjg Povlf/g. The office of the former was to control the expenditure of the public treasu- ry (dioinriaic) ; the latter was always present at the meetings of the senate, and recorded the accounts of money which was paid into the senate.'* He had also to lay the account of the public revenue before the people in every prytany, so that he was a check upon the avoSiKrai. He was at first elected by th« people by ;teipo7ovia, but was afterward appointee by lot." The great number of clerks and counter-clerks a' Athens was a necessary consequence of the insti tution of the cvdvvij, which could not otherwis* have been carried into effect." GRAPHE (ypaf^), in its most general accepta- tion, comprehends all state trials and criminal proS' ecutions whatever in the Attic courts ; but in its more limited sense, those only which were not dis- 1. (Demosth., 1. c.)— 2. (De Fals. Log., p. 381. )-3. (De Co mit., p. 302i tvansl.) — 4. (Sch6l6ann, p. 132, &c. — Comparn BouLE, p. 69.)-^5. (Pollux, 1. c— Demosth., c. Timocr., p. 713 — DoCoron.,p.238.)— 0. (Bockll,Staalsh., i.,p.201.)— 7. (Thu cyd., vii., 10.)— 8.. (Pollux, 1. c. — Demosth., De Fals. Leg., ^ 419.— Id., 0. Leptin,, p. 485.— Suidas, s. v.)— 9. (Demosth., Dt Fals. Leg., p. 419.— Id., De Cdron., p. 314.— Antiphon, De Cho- rent., p. 792. — Lysias, c. Nicom., p. 864.) — 10. Lysias, c. Nicom., p. 864, according to the interpretation of this passage by Bflckh, Staatsh. i., p. 203.)— 11. (Demosth., De Cherson., p. 101.)— 12 (Baciai, Staatsh., i., p. 198.)— 13. (s. v.)— 14. (Compare Pollux, Onom., viii., 98.— Suidas. s. v.)— 15. (.«;schin., c. Ctes., p. 417 —Pollux, 1. c.)— 16. (Fii. SchSmann, De Comit., p. 30?, &c.— Bfickh, Staatsh., i., p. 198, &c.— Hermann, Polit. Anti^ , ^ lt7, n. 17 and 18.) 479 GRAPHE. GUBERNACULUM tlnguished as the eiiBivti, IviJetfif, elaayyeXia by a gpecial name and a peculiar conduct of the proceed- ings. The principEd characteristic differences be- tween public and private actions are enumerated undei Dice, and the peculiar forms of public pros- ecutions, such as those above mentioned, are sep- arately noticed. Of these forms, together with that of the ypa<^ii, properly so called, it frequently hap- pened that two or more were applicable to the same cause of action ; and the discretion of the prosecu- tor in selecting the most preferable of his available remedies was attended by results of great impor- tawe to himself and the accused. If the prosecu- tor's speech (xarriyopia), and the evidence adduced by him, were insufficient to establish the aggrava- ted character of the wrong in question, as indicated by the form of action he had chosen, his ill-judged rigour might be alleged in mitigation of the punish- ment by the defendant in his reply (uTroAoyja), or upon the assessment of the penalty after judgment given ; and if the case were one of those in which the dicasts had no power of assessing ((irj/jijrof ypaijni), it might cause a total failure of justice, and even render the prosecutor liable to a fine or other pun- ishment.' The courts before which public causes could be tried were very various j and, besides the ordinary heliastic bodies under the control of the nine ar- chons, or the generals, or logistas, the council, and even the assembly of the people, occasionally became judicial bodies for that purpose, as in the case of cer- tain docimasiae and eisangeliaB.' The proper court in which to bring a particular action was, for the most part, determined by the subject-matter of the accusation. In tho trial of state offences, it was, in general, requisite that the ostensible prosecutor should be an Athenian citizen in the full possession of his franchise ; but on some particular occasions,' even slaves and resident aliens were invited to come forward and lay informations. In such cases, and in some eisangelise and other special proceed- ings, the prosecution and conduct of the cause in court was carried on by advocates retained by the state {ivv^yopot) for the occasion ; but with the ex- ception of these temporary appointments, the pro- tection of purely state interests seems to have been left to volunteer accusers. In criminal causes the prosecution was conduct- ed by the /ciipiof in behalf of the aggrieved woman, minor, or slave ; his TrpoaraTrig probably gave some assistance to the resident alien in the commence- ment of proceedings, though the accusation was in the name of the person aggrieved, who also made his appearance at the trial without the intervention of the patron ;* and a complete foreigner would upon this occasion require the same or a still far- ther protection from the proxenus of his country. With the exception of cases in which the apagoge, ephegesis endeixis, or eisangelia was adopted, in the first three of which an arrest actually did, and in the last might take place, and accusations at the eu- thunse and docimasias, when the accused was, or was supposed by the law to be, present, a public action against a citizen commenced, like an ordina- ry lawsuit, with a summons to appear before the proper magistrate on a fixed day." The anacrisis then followed (vid. (Anackisis) ; but the bill of ac- cusation was called a ypa^v or ^uai;, as the case might be, and not an eyKXri/ia or X^jtf, as in pri- vate actions ; neither could a public prosecution be referred to an arbitrator {vid. Diaitetes) ; and if it irere compromised, would in many cases render the iccuser liable to an action KaSv^scteug, if not ipso 1. (Demosth., c. Androt., 601.— Id,, c. Meid., 523.)— 2. (Meier, Itt. Pruc, p. 206, 268.)— 3. (Thuojrd., vi., 28.— Lyn., Pro Call., 188.)— 4. (Meier, A'.-.. Pi-oc., 681.)— 5. (Plato, Euthyph., init.) 4H0 facto to a fine of a thousand drachmae.' The aaiim sum was also forfeited when the prosecutor fa: led to obtain the voices of a fifth of the dicasts in til ca. ses except those brought before the archon that haii reference to injury (kUkubic:) done to women or or- phans ; and besides this penalty, a modified disfran chisement, as, for instance, an incapacity to bring i similar accusation, was incurred upon several orica- sions. Upon the conviction of the accused, if, the sentence were death, the presiding magistrate of the court delivered the prisoner, who. remained in the custody of the Scythae during the trial, to the Eleven, whose business it was to execute judgment upon him. ( Vid. Eleven, The.) If the punishment were confiscation of property, the demarchs made an inventory of the effects of the criminal, which was read in the assembly of the people, and deliv- ered to the poletae, that they might make a sale of the goods, and pay in the proceeds to the publin treasury.' GREGORIA'NUS CODEX. (Yid. Codex Gru BOKIANnS.) GROSPHOS (ypoc^oc). (Yid. Hasta.) GUBERNA'C'ULUM, ant. GUBERNUM (irijdu. Xlov), a Rudder. Before the invention of the rudder, which Pliny^ ascribes to Tiphys, the pilot of the ship Argo, vessels were both propelled and guided by oars alone. This circumstance may account for the form of the ancient rudder, as well as for the mode of using it. It was like an oar with a very broad blade, and was commonly placed on each side of the stern, not at its extremity. The annexed woodcut presents examples of its appearance as it is frequently exhibited on coins, gems, and other works of art. The figure in the centre is from one of Bartoli's lamps,* and dieplays a Triton blowing the BucoiNA, and holding a rudder over his sliouU der in his left hand. The first figure in the same woodcut is from a cameo in the Stosch collection. !l represents a rudder with its helm or tiller (uid. Akba, Clavus) crossed by the cornucopia. These two era blems of abundance and success are often found to- gether, especially in representations of Fortune. In the third figure, taken from another cameo in tht same collection, Venus leans with her left arm upoi. a rudder, which indicates her origin from the sea The usual position of the rudder at the side of the stern is seen in the woodcuts at p. 58, 62, 69. The gubernaculum was managed by the gubema- tor^ {Kviepvirrji'), who is also called the rector, as distinguished from the magister,'' and by the Greek poets olaKoarpoipog and oianovoiw^,' because he tuins and directs the helm.' 1. (Meier, Att. Pros., 355.)— 2. (Meier, Att. Proo., 740, Ac.) —3. (H. N., vii., 57.)— 4. (Luc. Ant., i., 5.)— 5. (Plant., End., iv., 3, 75.— Sen., Epist., 86.)-fi. (Horn., Od.,iii., 279-283.— ft-, lii., 217, 218.)— 7. (Virg., jEn., t., 161, 165.— Sen., Epiet., 12».| —8. (JEsch., Prom. Vinct., 153, 524.— Pind., Istlim., iii., 89.)- 9. (Pint., De Suporst., V.; vi., p. 646, ed. Reiske.- Ofara m fiuiv: .£schyl., Sept. c. Theb., 3.) GYMNASIUM GYMNASIUM A ship had sometimes one, but more commonly 8W0 rudders ;' and they were distinguished as the right and the left rudder (dexlrum, sinistrum'). In the Caspian Sea, where the old practice not long ago remained in force, a modern traveller was nearly shipwrecked because the rudders were in the hands of two pilots who spoke different languages. To obviate such disasters among the ancients, the same steersman held both tillers, if the boat was email, as is clearly shown in the representation of one on a lamp.' In larger ships the extremities of the helms were joined by a pole, which was moved by one man, and kept the rudders always parallel. This construction is seen in the model of a ship which is preserved in the collection of Egyptian an- tiquities at Berlin, and which was discovered in the tomb of a priest. The contrivances for attaching the two rudders to one another, and to the sides of the ship, are called ^myXai'' and (evurripiai.^ Ships constructed with a double prow and stern {vid. AM^inPTMNOI NHES) had two rudders at each end.° In the great ship built at Alexandrea by Ptolemy Philopator, the four rudders were each thirty cubits in length.' GUBERNA'TOR. {Vid. GuBEENACuLnM.) GUSTA'TIO. (Vid. Ccena, p. 275.) GUTTUS. (Vid. Baths, p. 151.) GYMNASIARGHES. (ViA Gymnasium.) GYMNASION. (Tirf. Gymnasium.) , GYMNASIUM (yvjivdawv). The whole educa- tion of a Greek youth was divided into three parts, grammar, music, and gymnastics (jpdfi/^iaTa, fum- aiKv, and yvpianTLKri'), to which Aristotle' adds a fourth, the art of drawing or painting. Gymnastics, however, were thought by the ancients a matter of such importance, tliat this part of education alone occupied as much time and attention as all the oth- ers put together ; and while the latter necessarily ceased at a certain period of life, gymnastics con- tinued to be cultivated by persons of all ages, though tliose of an advanced age naturally took lighter and !ess fatiguing exercises than boys and youths.'" The ancients, and more especially the Greeks, seem to have been thoroughly convinced that the mind could not possibly be in a healthy state unless the body «'as likewise in perfect health, and no irieans were thought, either by philosophers or physicians, to be more conducive to preserve or restore bodily health than well-regulated exercise. The word gymnas- tics is derived from yv/tv6c (naked), because the persons who performed their exercises in public or private gymnasia were either entirely naked, or merely covered by the short ;tiT(jj/." The great partiality of the Greeks for gymnastic exercises was productive of infinite good : they gave to the body that healthy and beautiful develop- ment by which the Greeks excelled all other na- tions, and which, at the same time, imparted to their minds that power and elasticity which will ever be admired in all their productions." The plastic art, in particular, must have found its first and chief nourishment in the gymnastic and athletic perform- ances ; and it may be justly observed, that the Greeks would never have attained their pre-eminence in sculpture had not their gymnastic and athletic ex- hibitions made the artists familiar with the beauti- fiil forms of the human body and its various atti- tndes. Respecting the adv^antages of gymnastics 1. (iEIian, V. H., ix., 40.— Heliod., .ffithiop., t., p. 241, ed. Comm.- Acts, xxvii., 40.)— 2. (Hygin., Fab., 14.)— 3. (Bartoli, iii., 31.) — 4. (Eurip., Hel., 1556.) — 5. (Acts, xxvii.. 40.)— 6. (Tacit., Ann., ii., 6.)— 7. (Athen., v., 37.)— 8. (Plato, Theag., p. 1S2.— Plut., De Audit., c. 17.— Clitoph., p. 497.)— 9. (De Rop., viii., 3.) — 10. (Xeii., Sympos., i., 7. — Lncian, Lexiph,, 5.) — II, (See the authorities in Wacb&muth, Hellen. Alterth., ii., 2, p. 33, and Becker's Charikles, i., p. 3li, Ar.)— 12. (I.ucian, De Grmnast., 15.) in a medical point of view some remarks are madfl at the end of this article. But we must, at the sam( time, confess, that at a later period of Greek histo- ry, when the gymnasia had become places of resort for idle loungers, their evil effects were no less stri- king. The chief objects for which they had origi- nally been instituted were gradually lost sight of, and instead of being places of education and train- ing, they became mere places of amusement. Gymnastics, in the widest sense of the wot(i, comprehended also the agonistic and athletic arti iuyuviGTL^i^ and aWAT/rf/c?;), that is, the art of those who contended for the prizes at the grei'it public games in Greece, and of those who made gymnas- tic performances their profession. ( Vid. ATHLET.ffl and Agonothetai.) Both originated in the gymna- sia, in as far as the athletae, as well as the agonis- tse, were originally trained in them. The athletse, however, afterward formed a distinct class of per- sons unconnected with the gymnasia ; while the gymnasia, at the time when they had degenerated, were in reality little more than agonistic schools, attended by numbers of spectators. On certain occasions, the most distinguished pupils of the gym- nasia were selected for the exhibition of public con- tests (md. Lamfadophoeia), so that, on the whole, there was always a closer connexion between the gymnastic and agonistic than between the gymnas- tic and athletic arts. In a narrower sense, however, the gymnasia had, with Very few exceptions, nothing to do with the public contests, and were places o( exercise for the purpose of strengthening and im- proving the body, or, in other words, places for physical education and training ; and it is chiefly in this point of view that we shall consider them ic this article. Gymnastic exercises among the Greeks seem to have been as old as the Greek nation itself, as may be inferred from the fact that gymnastic contest's are mentioned in many of the earliest legends ol Grecian story ; but they were, as might be sup^ posed, of a rude and mostly of a warlike character. They were generally held in the open air, and it plains near a river, which afforded an opportunity for swimming and bathing. The Attic legends, in- deed, referred the regulation of gymnastics to The- seus;' but, according to Galen, it seems to have been about the time of Cleisthenes that gymnastics were reduced to a regular and complete system. Great progress, however, must have been made as early as the time of Solon, as appears from some of his laws which are mentioned below. It was about the same period that the Greek towns began to build their regular gymnasia as places of exercise for the young, with baths, and other conveniences for philosophers and all persons who sought intel- lectual amusements. There was probably no (Jreek town of any importance which did not possess its gymnasium. In many places, such as Ephesns, Hierapolis, and Alexandrea in Troas, the remains of the ancient gymnasia have been discovered in modern times. Athens alone possessed three great gymnasia, the Lyceum (AvKewv), Cynosarges (Kv- voadpyrjc), and the Academia ('AxaSrifiia) ; to which, in later times, several smaller ones were added. All buildings of this kind were, on the whole, built on the same plan, though from the remains, as well as from the descriptions still extant, we must infer that there were many differences in their detail. The most complete description of a gymnasium which we possess is that given by Vitruvius," 'vhich, however, is very obscure, and at the same time de- fective, in as far as many parts which seem to havo been essential to a gymnasium are not mentioned in it. Among the numerous plans which have been 1. (Faus., i., , 4 3.)-2. (T., U.) 4S1 OTMNASi'JM. drawn, according to the description of Vitruvius, that of W. Newton, in his translation of Vitruvius, vol. i., fig. 52, deserves the preference. The follow- ing woodcut is a copy of it, with a few alterations. The peristylia (D) in a gymnasium, which Vitru- vius incorrectly calls palsestra, are placed' in the form of a square or oblong, and have two stadia (1200 feet) in circumference. They consist of four porticoes. In three of them {A B C), spacious exe- drae, with seats, were erected, in which philosophers, rhetoricians, and others, who delighted in intellect- ual conversation, might assemble. A fourth portico (E), towards the south, was double, so yiat the interior walk was not exposed to bad weather. The double portico contained the following apart- ments : The Ephebeum (F), a spacious hall with seats, is in the middle, and by one third longer than broad. On the right is the Coryceum (G), perhaps the same room which in other cases was called Apodyterium ; then came the Conisterium (H), ad- joining ; and next to the Conisterium, in the re- turns of the portico, is the cold baXh, Ttovrpov (I). On the left of the Ephebeum is the Eteothesium, where persons were anointed by the aliptae (K). Adjoining the Elseothesium is the Frigidarium (L), the object of which is unknown. From thence is the entrance to the'Propnigeum (M), on the returns of the portico ; near which, but more inward, be- hind the place of ihe frigidarium, is the vaulted sudatory (N), in length twice its breadth, which has on the returns the Laconicum (0) on one side, and opposite the Laconicum, the hot bath (P). On the outside three porticoes are built : one (Q) in pass- ing out from the peristyle, and on the right and left the two stadial porticoes (R S), of which the one (S) that faces the north is made double and of great breadth, the other (R) is single, and so designed that in the parts which encircle the walls, and which adjoin to the columns, there may be margins for paths not less than ten feet ; and the middle is so excavated that there may be two steps, a foot and a half in descent, to go from the margin to the plane (R), which plane should not be less in breadth than 12 leet; by Ihis means, those who walk about the m.wgins in their apparel will not be annoyed by those who are exercising themselves. This portico is called by the Greeks ^varoc, because in the winter Etason the athletas exercised themselves in these covered stadia. The ^varoc had groves or planta- tions between the two porticoes, and walks between the trees, with r.eats of signine work. Adjoining to 482 GYMNASIUM. the fwiTTOf (R) and double portico (S) are the un covered walks (U), which in Greek are called ?ra paSpo/iiSc;, to which the athletae, in fair weather, go from the winter- xystus to exercise. Beyond tlij xystus is the stadium (W), so large that a multitude of people may have sufficient room to behold the contests of the athletse. It is generally believed that Vitruvius, in thie description of his gymnasium, took that of Naples as his model ; but two important parts of other Greek gymnasia, the apodyterium and the sphsris- terium, are not mentioned by him. The Greela bestowed great care upon the outward and inward splendour of their gymnasia, and adorned them with the statues of gods, heroes, victors in the public games, and of eminent men of every class. Hermes was the tutelary deity of the gymnasia, and his statue was consequently seen in most of them.' '■ The earliest regulations which we possess con corning the gymnasia are in the laws of Solon. One of these laws forbade all adults to enter a gymnasium during the time that boys were taking tlieir exercises, and at the festival of the Hermsa. The gymnasia were, according to the same law, not allowed to be opened before sunrise, and were to be shut at sunset.' Another law of Solon excluded slaves from gymnastic exercises." Boys who were children of an Athenian citizen and a foreign -mother {vndoi), were not admitted to any other gymnasium but the Cynosarges.^ Some of the laws of Solon, relating to the management and the superintendence of the gymnasia, show that he was aware of the evil consequences which these institutions might produce, unless they were regulated by the strictest rules. As we, however, find that adults also fre- quented the gymnasia, we must suppose that, at least as long as the laws of Solon were in force, the gymnasia were divided into different parts for. per- sons of different ages, or that persons of different ages took their exercises at different times of the day.* The education of boys up to the age of six- teen was divided into the three parts mentioned above, so that gymnastics formed only one depart, ment ; but during the period from their sixteenth to their eighteenth year, the instruction in grammar and music seems to have ceased, and gymnastics were exclusively pursued. In the time of Plato the salutary regulations of Solon appear to have been no longer observed, and we find persons of all ages visiting the gymnasia.' Athens now possessed a number of smaller gymnasia, which are sometimes called palaestrse, in which persons of all ages used to assemble, and in which even the HermaBa were celebrated by the boys, while formerly this solem- nity had only been kept in the great gymnasia, and to the exclusion of all adults." These changes, and the laxitude in the superintendence of these public places, caused the gymnasia to differ very little from the schools of the athleta; ; and it is, perhaps, partly owing to this circumstance that writers of this and subsequent times use the words gymnasi um and patestra indiscriminately.' Married as well as unmarried women were, at Athens and in all the Ionian states, excluded from the gymnasia ; but at Sparta, and in some otbei Doric states, maidens, dressed in the short ;i;t™v, were not only admitted as spectators, but also took part in the exercises of the youths. Married women, however, did not frequent the gymnasia." Respecting the superintendence and administra- tion of the gymnasia at Athens, we know that Solon 1. (Maehm., c. Timarch., p. 38.)— 2. (.Ssohin., c. TimareliM p. 147.— Plat., Solon, 1.— Demosth., o. Timoor., p. 736.)— 8. (Pint., Them., !.•)— 4. (BSokh, Cotp. Inscrip., n* 248 and 3214.) —5. (Plat., De Eep., v., p. 452.— Xen., Sympis., ii., 18.)-* (Plat., Lys., p. 206.)— 7. (Becker, ChariMes,' I, p; S41 )-• (Plat., De Leg., vf ., p. 806.) GYMNASroM. GYMNiSIuM in his legislation thouglit them worthy of great at- tention ; and the transgression of some of his laws relating to the gymnasia was punished with death. His laws mention a magistrate, called the gymnasi- arch (.yiifivaalapxoc or yvfivaatapxilQ), who was in- trusted with the whole management of the gymnasia, and with everything connected therewith. His office was one of the regular liturgies, like the cho- regia and trierarchy,' and was attended with con- siderable expense. He had to maintain and pay the persons who were preparing themselves for the games and contests in the public festivals, to pro- vide them with oil, and perhaps with the wrestlers' dust. It also devolved upon him to adorn the gym- nasium, or the place where the agones toolt place." The gymnasiarch was a real magistrate, and in- vested with a kind of jurisdiction over all those who frequented or were connected with the gym- nasia ; and his power seems even to have extended beyond the gymnasia, for Plutarch^ states that he watched and controlled the conduct of the ephebi in general. He had also the power to remove from the gymnasia teachers, philosophers, and sophists, whenever he conceived that they exercised an in- jurious influence upon the young.* Another part of his duties was to conduct the solemn games at certain great festivals, especially the torch-race {7i,aiirraSri(liopia\ for which he selected the most dis- tinguished among the ephebi of the gymnasia. The number of gymnasiarohs was, according to Iiibani- ns on Demosthenes,^ ten, one from every tribe.' They seem to have undertaken their official duties in turns, but in what manner is unknown. Among the external distinctions of a gymnasiarch were a purple cloak and white shoes.' In early times the office of gymnasiarch lasted for a year, hut under the Roman emperors we find that sometimes they held it only for a month, so that there were 12 or 13 gymnasiarchs in one year." This office seems to have been considered so great an honour, that even Roman generals and emperors were ambitious to hold it. Other Geeek towns had, like Athens, their own gymnasiarchs, but we do not know wheth- er, or to what extent, their duties differed from the Athenian gymnasiarch. In Gyrene the office was sometimes held by women. Another office which was formerly believed to be connected with the superintendence of the gymna- sia is that of xystarchus {^tjTupxo^). But it is not mentioned previous to the time. of the Roman em- perors, and then only in Italy and Crete. Krause' has shown that this office had nothing to do with the gymnasia properly so called, but was only con- nected with the schools ot the athletse. . ' An office which is likewise not mentioned before the time of the Roman emperors, but was, never- theless, decidedly connected with the gymnasia, is that of Cosmetes. He had to arrange certain games, to register the namesj and keep the lists of the ephebi, and to maintain order and disciphne among them. He was assisted by an anticosmetes 3nd two hyposoosmetse." An office of very great importance, in an educa- tional point of view, was that of the sophronistae (aaipoviaTat). Their province was to inspire the youths with a love of aapo which was as common an amusement with Greek boys as in our own days. 4. The TrevTO^tflof, which was a game with five stones, which were thrown up from the upper part of the hand and caught in the palm. 5. 'txanepda, which was a game in which a rope was drawn through the upper part of a tree or a post. Two boys, one on each side of the post, turning their backs towards one another, took hold of the ends of the rope and tried to pull each other up. This sport was also one of the amusements at the Attic Dionysia.' These few games will suffice to show the character of the gymnastic sports. The more important games, such as running (dpo- iK0f), throwing of the SlaKog and the Ukuv, jumping and leaping {liTifia, with and without (jAr^pEf), wrest ling (tthH);), boxing (-vj/it/), the pancratium (irayKpa 1. (IsiEUi, DePhiloctem. haered.,,p. 154.)— 2. (Xen., De Rep. Ath., i., 13.)— 3. (Amator., o. 9, itG.)— 4. (iEschin., c. Timarch.) —5. {c. Meid., p. 510.) — 6. (Compare Demosth., c. . Philip., p. 50 ; 0. Bmot., p. 996.— Isaius, De Menecl., c. 42.)— 7. (Flat., Anton., 33.)— 8. (Krause, Theagenee, 1., p. 218.)— 9. (lb., p. !a2.) -10. (Krause, ib., p. 228, &c.)— 11. (Etymol. Mag., •. t.) 1. (Krause, ib., p. 231, (fee.)— 2. (Galen, De Valet, tuend., ij., 9, 11.— Arist., PoUt. Antiq., viii., 3, 2.)— 3. (JElian, V. H.,.ii., 6, — Gden.l.c- Id.,ii.,3.&c.)— 4. (Plut., Dion., c. 1.)— 5. (I.e.— Td., ii., 11.)— 6. (Plat., De Leg., vii., p. 797.— Compare Gxonm.wi Flxut., CuTClil., ii., 3, 17, and Becker, Callus, i., 270.)— 7. (fl» HTCh., B. V.) 4R1 GYMNASIUM. GYMNASIUM: nav), vivToO^oi, :^a/iKa6ri•>- tion seems, according to Lucian," to have been ap plicable to cases of open robbery, attended with vio- lence- Under these circumstances, the offenders would be included in the class of xaKovpyoi, and, as such, be tried before a court under the control and management of the Eleven. With respect to the punishment upon conviction, we have no certain in- formation, but there seems no reason to doubt that it was capital, as in cases of burglary and stealing from the person." HA'RPAGO (apTTuy)? : TivKo;: Kpedypa, iim. Kpe dypi(), a Grappling-iron, a Drag, a Flesh-hook." The iron-fingered flesh-hook {Kpedypa caSripoSaK TiJAof'*) is described by the scholiast on Aristopha- nes'* as " an instrument used in cookery, resembling a hand with the fingers bent inward, used to take boiled meat out of the caldron." Four specimens of it, in bronze, are in the British Museum. One of them is here represented. Into its hollow px tremity a wooden handle was inserted. A similar instrument, or even the flesii-ho'j'c it 1. (Diod. Sic, xviii., 2fV-B8.— Athen., v., iO.—JElinxt, V. IL, Iii., 64.)— 2. (Heliod., XC\., iii., p. 133, ed. Commelini.)— 3. (Diod. Sic.„xiv., 10.— Xen., Hellon., iv., 2, ^ 5.— Isocrat., Faneg., p. 92.^Sujdas, Hesych., s. v. — Etyinol. Ma^., s. v. 'ETrfirrafluDt.) ■* (Antiq. Rom., v., p. 337, ed. Sylburg.)— 5. (Polyb., iv., 27.) 6 (1. c.)— 7. (De Coron., p. 256.)— 8. (Compare Demosth., o. Tiiiiocr., p. 740.— Plut., Narrat. Amat., c. 3.)— 9. (De Rep. Lac, 14 )— 10. (Thucyd,, iv., 53.)— 11. (Jud. Voc, c l,vol.i.,p.8S, •id, Hemst.)— 12. (Xen., Mem., i.,2,4 62.)— 13. (Ex.,irvii., 3.— 1 San., ii., 13, 14, Sejit. — Aristoph., Vesp., 1152. — Anaxippu* ap. A- ken., iv., 68.)— 14. (Bruuck. Anal., ii., S15.)— 15. (Equit, 187 HARUSPICES. HASTA. ten,' was used to draw up a pail, or to recover any- laing which had fallen into a well." In war, the grappling-iron, thrown at an enemy's ship, seized the rigging, and was then used to drag Iho ship within reach, so that it might be easily boarded or destroyed.' These instruments, aptly called " iron hands" {ferrea manus% were employ- ed by the consul Duilius against the Carthaginians,' dnd were said to have been invented by Pericles.' HARPASTUM {dpnaarov, from upnu^u) was a iall, used in a game of which we have no accurate account ; but it appears, both from the etymology of the word and the statement of Galen,' that a ball was thrown among the players, each of whom en- deavoured to obtain possession of it. Hence Mar- tial' speaks of the harpasta puherulenta. The game required a great deal of bodily exertion.' HARU'SPICES or ARU'SPICES were sooth- sayers or diviners who interpreted the will of the gods. They originally came to Rome from Etru- ria, whence haruspices were often sent for by the Romans on important occasions." The art of the haruspices resembled in many respects that of the augurs, but they never acquired that political im- portance which the latter possessed, and were re- garded rather as means for ascertaining the will of the gods than as possessing any religious authority. They did not, in fact, form any part of the ecclesi- astical polity of the Roman state during the Repub- lic ; they are never called sacerdotes ; they did not form a collegium, and had no magister at their head. The account of Dionysius," that the haruspices were instituted by Romulus, and that one was cho- sen from each tribe, is opposed to all the other au- thorities, and is manifestly incorrect. In the time of the emperors, we read of a collegium or ordo of sixty haruspices ;" but the time of its institution is uncertain. It has been supposed that such a colle- gium existed in the time of Cicero, since he speaks of a sammus magister ;" but by this we are proba- bly to understand, not a magister collegii, but merely the most eminent of the haruspices at the time. The art of the haruspices, which was called ha- ruspicina, consisted in explaining and interpreting the will of the gods from the appearance of the en- trails {exta) of animals offered in sacrifice, whence they are sometimes called extispices, and their art cxtispicium ;'* and also from lightning, earthquakes, end all extraordinary phenomena in naturfe, to which the general name of portcnta was given." Their art is said to have been invented by the Etruscan Tages," and was contained in certain books called lihri haruspicini, fulgurales, and tonitruales." This art was considered by the Romans so im- portant at one time, that the senate decreed that a certain number of young Etruscans, belonging to the principal families of the state, should always be in- structed in it." Niebuhr appears to be mistaken in supposing the passage in Cicero to refer to the children of Roman families." The senate some- times consulted the haruspices," as did also private persons." In later times, however, their art fell into disrepute among well-educated Romans ; and Cicero'" relates a saying of Cato, that he wondered 1. {Aristoph., Eccles., 994.)— 2. (Hesych., s. v. 'AnTrcfyi;, K/)fi ir/oa, Aifms.)— 3. {'Apm? : Athen., vi., 43.)— 4. (Q. Curt., iv., 9. --Dion Cass., xVix., 3.— Id., n., 33, 34.)— 5. (Flor., ii., 2.— Front., Siretaf., ii., 3, 24.)— 6. (Plin., II. N., vii., 57.)— 7. (irtpi uiitpot Sijufpns, a. 2, p. 902, cd. Kuhn.)— 8. (IV., xix., 6.)— 9. (Martial, VII., Ixvii., 4. — Compare xiv., 48. — Vid. Becker's Callus, i., p. 878.)— 10. (Liv.. xxvii., 37.— (Jic, Cat., iii., 8.— Id., Do Div.,ii., 4.) — II. (ii-, 22.)— 12. (Tacit., Ann., xi., 15.— Orelli, Inscr., i., p. 399.)— 13. (De Div., ii., 24.)— 14. (Cic, De Div., ii., 11 — Suet., Ner., 56.)— 15. {Val. Max., i., 1, « 1.)— 16. (Cic, De Div., ii., 23.— Festus, s t, Tages.)— 17. (Cic, De Div., i. 33 —Compare Macrob., Saturn., iii., 7.)— 18. (Cic.,De Div.,i ,41 . —19. (Sec Orelli, ad loc.)— 20. (Cic, De Div., i., 43.— Id. ilj., ti., as.— Liv., xxvii., 37.)- -21. (Cic, De Div., ii.,a9.)— 22 (Cic, D*Dir., i<.. 24.) ASS that one harutpex did not laugh when he saw an. othei The Emperor Claudius attempted to revivj the stuuv of the art, which had then become neg. looted aiii the senate, under his directions, passed a decire that the pontifices should examine what parts o( It should be retained and established;' bn! we do not know what effect this decree produced. The name of haruspex is sometimes applied t( any kind of soothsayer or prophet;' whence Jure, nal' speaks of Armenius vd Commagenus liarusfn. The latter part of the word haruspex contains tlw root spec; and Donatus* derives the former part from haruga, a victim.' (Gottling, Gesch. der Rom. Staatsv., p. 213.-. Walter, Gesch. des Rom. Rechts, p. 184.— Brissoni us, De Formulis, i., 29, &c.) HASTA (eyxos), a Spear. The spear is dffined by Homer, bofyu ;i;aA/c^p£f, " a pole fitted with bronze,'" and Sbpv x'''^i">S<'pht " a pole heavy with bronze.'" The bronze, for which iron was after- ward substituted, was indispensable to form the point {aix/.ir/, a/tu/c^;' XoyxVi' acies, cuspis, spicu- lum^°) of the spear. Each of these two essential parts is often put for the whole, so that a spear is called idpv and dopdnov, alxjii.fi, and ^oyxv- Even the more especial term fie%la, meaning an ash-tree, is used in the same manner, because the pole of the spear was often the stem of a young ash, stripped ol its bark and polished." In like mariner, the speat is designated by the term xa/iof," meaning, proper- ly, the strong tall reed of the south of Europe, which served both for spears and for various other uses." The bottom of the spear was often enclosed in a pointed cap of bronze, called by the Ionic writers aavpuT^p"' and oipi'axof," and in Attic or common Greek arvpa^." By forcing this into the ground, the spear was fixed erect.'' Many of the lancers {dopvipopoi, alxiio(^6poi, Tioyxoi^opoi, woodcut, p. 307) who accompanied the King of Persia had, instead of this spike at the bottom of their spears, an apple or a pomegranate, either gilt or silvered." With 1 a .3 A -f this, or a similar ornament, the spear is often te; 1. (Tacit., Ann., xi., 15.) — 2. (Prop., III., xiii., 59.)-3. (r., 550.)— 4. (ad Ter., Phorm., IV., iv., 28.)— 5. (Compare Fusts, s. V. Harviga, and Varro, De Ling. Lat., v., 98, ed. MliUer.)--*. (11., vi., 3.)— 7. (Cd., xi., 531.)— 8. (Homer.)— 9. (Xeuophon ) 10. (Ovid, Met., viii., 375.)— 1 1. (U., xix., 390.-Ib., xx., 2T7.~ Ib., xxii., 328.-Od., xxii.. 259.-Plin., H. N., xvi., 24.--OnO, Met., xi!., 369.)— 12. (.Esch., Ag., 65.— Eurip., Hec, IIS5.-- Id., Plia;n., 1421 .— Brunck, Anal., i., 191, 226.— Ant. Sid., 34.) —13. (Hes., Scut., 298.— Sohol. in loc— Xen., De Re.EqaeBt., xii., 12.)— 14. (Hom., II., x., 153.— Herod., vii., 40, 41.— PolyOj vi.. 23.)— 15. (II., xiii., 443.- lb., xvi., 612.— lb. .xvii., 528.J-H (Xen., Hellen., vi., 2, 19.— Alben., xii., S.—tsrv, axlav : Thuml. ii., 4.-^11. Tait., 18.)— 17. (Virg., jEn., xii., )30.)-18 rTTe lod. Athen., 11. cc.) HASTA HASTA miuated both on Persian and Egyptian monument&. Fii'. 1 in the preceding woodcut shows the top and bottom of a spear which is held by one of the king's guards in the sculptures at Persepolis.' It may be compared with those in the hand of the Greek warrior at p. 94, which have the spike at the bot- tom. The spike at the bottom of the spear was used in fighting by the Greeks and Romans when the head was broken off." A well-finished spear was kept in a case {Soparo- 8iiiai), which, on account of its form, is called by Homer a pipe {avpLy^'). The spear was used as a weapon of attack in three different ways : 1. It was thrown from cata- pults and other engines. {Vid. Toementum.) 3. [t was thrust forward as a pike. In this manner Achilles killed Hector by piercing him with his spear through the neck.* The Eubceans were particu- larly celebrated as pikemen." 3. It v/as commonly thrown by the hand (aKovriaai fiaKpoBev'). The warrior, preparing to hurl it, raised his hand to his right ear.'. (Compare woodcut, p. 345.) He some- tunes derived assistance from the use of the Amen- tum or the Ansa. He generally went to the field with two spears." (Woodcuts, p. 94, 227, 333.) On approaching the enemy, he first threw either one spear or both, and then, on coming to close quar- ters, drew his sword'' {jiila conjecerunt — gladiis ge- H res c(Efta esf'-"). Under the general terms hasta and ^x<>i were in- iluded various kinds of missiles, of which the prin- jipal were as follow : Lancea (,^6yx''l^'')t the lance, a comparatively slfen- der spear commonly used by the Greeks. Iphicra- 'ies, who doubled the length of the sword {vid. Gla- Dios), also added greatly to the dimensions of the lance.'" This weapon was -used by the Grecian horsemen ;" and by means of an appendage to it, which is supposed by Stuart" (woodcut, fig. 3) to be exhibited on the shafts of three spears in an an- cient bas-relief, they mounted their horses with greater facility." The lance, on account of its length and its lightness, was carried by huntsmen." Pilum (iaaoi), the javelin, much thicker and stronger than the Grecian lance," as may be seen on comparing the woodcuts at p. 94 and 95. Its shaft, often made of cornel," was partly square, and 6i- feet long." The head, nine inches long, was of iron, and is therefore now found only in the state described by Virgil, " cxesa scabra robigine pila.'""' It was used either to throw or to thrust with ; it was peculiar to the Romans, and gave the name of pUani (p. 103) to the division of the army by which it was adopted"' {pilatum agmen"). When Marius fought against the Cimbri, he ordered that, of the two nails or pins {■Kepovat) by which the head was fastened to the staff, one should be of iron and the other of wood. The consequence was, that when the pilum struck the shields of the enemy, the tre- nail gave way, and the shaft was turned on one side, so that the spear could not be sent back again."" While the heavy-armed Roman soldiers bore the long lance and the thick and ponderous javelin, the light-armed useff smallei missiles, which, though o! different kinds, ^vere included under the general term hasta: velitares.' From ypou^ofj; ihe corre- sponding Greek term,' the velites, oc ■ liglit-armed, are called by Polybius ypoa(jiB/idxoi.' f According to his description, the ■yp6aos was a dart, with a shaft about three feet long and an inch in thickness : the iron head was a span long, and so thin and acumi- nated as to be bent by striking against anything, and thus rendered unfit to be sent back against the enemy. Fig. 3 in the preceding woodcut shows one which was found, with nearly four hundred others, in a Roman intrenchment at Meon Hill, in Gloucestershire.' The light infantry of the Roman army used a similar weapon, called a spit (veru,^ verutum,' aav- viov''). It was adopted by them from the Samni- tes' and the Volsci." Its shaft wa.=; 3J- feet long, its point five inches.'" Fig. 4, in (he preceding woodcut, represents the head of a dart in the Royal Collection at Naples ; it may be taken as a speci- men of the verutum, and may be contrasted with fig. 5, which is the head of a lance in the same col- lection. The Romans adopted, in like manner, the G^suM, which was properly a Celtic weapon ;" it was given as a reward to any soldier who wound- ed an enemy.'" Sparus is evidently the same word with the English spar and spear. It was the rudest missile of the whole class, and only used when bet- ter could not be obtained.'" - Besides the terms jaculum and spiculum (axuv, aicdvnov), ^hich probably denoted darts resembling in form tut lance and javelin, but much smaller, adapted, consequently, to the light-armed {jaculato- res), and used in hunting as well as in battle,'* we find in classical authors the names of various other spears, which were characteristic of particular na- tions. Thus Servius states'" that, as the pilatu was proper to the Romans, and the gcesum to the Gauls, so the sarissa was the spear peculiar to (he Macedonians. This was used both to throw lind as a pike." It exceeded in length all other missiles. (See p. 101.) It was made of cornel, the tall, dense stem of which also served to make spears of othei kinds." The Thracian rornpTiea, which had a very long point, like the blade of a sword'" (rumpm,'" (5oy«- ^ai'o""), was probably not unlike the sarissa, since Livy asserts"' that, in a country partly covered with wood, the Macedonian phalanx was ineffective on account oi t\\&r prmlongce hasta, and that the rom- phsea of the Thracians was a hinderanoe for the same reason. With these weapons we may also class the lUyrian sibina, which resembled a hunting-pole" {sibon'^). The iron head of the German spear, called fra- mea, was short and narrow, but very sharp. The Germans used it with great effect either as a lance or a pike : they gave to each youth a framea and a shield on coming of age.'* The Falarica or Phala- rica was the spear of the Saguntines, and was im- pelled by the aid of twisted ropes : it was large and ponderous, having a head of iron a cubit in length, and a ball of lead at its other end ; it sometimes 1. (Sir R. K. Porter's Travels, vol. i., p. 601.)— 2. (Polyb., vi., U5.)-3. (E., xix., 387.)— 4. (U., xxii., 326.)— 5. (Horn., II., ii., 543.-.Slrabo, x., 1, 12, 13.)- 6. (Anian, Tact.)— 7. (Ovid, Met., ii., 311.)— 8. (Horn., II., iii., 18.- Id. ib., x., 76.— Id. ib., xii., 298.- Find., Pyth., iv., 139.— Polyb., vi., 21.)— 9. (Horn., II., iii., »S0. -Id. ib., xvii., 630.— Id. ib., xx., 273-284.— Thcoorit., IdyU., -iii., 187-191.)— 10. (Liv., xxviii., 1.)— 11. (Festus, s. v. Lan- -ea.)— 12. (Diod.Sic.,xv.,44.— Nep.,xi., 1. 3.)— 13. (Polyb., vi., »3.)— 14. (Ant. of Athens, V., iii., p. 47.)— 15. (Xen., De He Eq., VII., xii.)— 16. (ApuL, Met., viii.)— 17. (Flor., ii., 7.)— 18. (Vivg., JBn., ix., 698.— Ovid, Met., viii., 408 )— 19. (Veget., ii., 15.)— M. (Georg., iv., 495.)— 21. (Strabo, 1. c.)— 22. (Virg., JEn., xii., 121, 130 ; vii., 664. —Servius in loo.- Hor., Sat., II., i., 13.— Ciu., Ii G., i., 52.)— 23 (Pint., Matiiu.) 1. (Liv., xxxviii., 20.— Plin., H. N., xxviii,, 6.)— 2. (Polyb., i., 40.— Strabo, iv., 4, 3.)— 3. (vi., 19, 20.)— 4. (Skelton's Engraved Illustrations, vol. i., pi. 45.) — 5. (Liv., xxi., 55.) — 6. (Liv., 1. c J —7. (Died. Sic, xiv., 27. — Festus, s. v. Samnites.) — 8. (Vifp Mn., vii., 665.)— 9. (Georg., ii., 168.1—10. (Veget., ii., 15.)— 11 (Liv., xxviii., 45.) — 12. (Polyb., vi., 37.) — 13. (Virg., ^n., li., 682.— Serv. in loc.— Nopos, xv., 9, 1.— Sallust, Cat., 56.— Aul. Gell., X., 25.)— 14. (Thuuyd., ii., 4.— Vii-g., jEn., ix., 52.— Serv. in loc. — Ovid, Met., viii., 411. — Cic. ad Fam., v., 12.— Flor., ii., 7.— Apul., Met., viii.)— 15. (in jEn., vii., 664.)— 16. (StTab., I. o.) — 17. (Theophrast.. II. P.. iii.. 12,2. — n&pEttra: Arrian, Tact.— Kpavi'iva.: Xen., De Re Equest., xii., 12.1-^18. (Val. Flacc., vi, 98.)— 19. (Gell., 1. c.)-20. (Apoc, 1., 16.)— 21. (xxxi., 39.)— St, (Festus, s. V. ffifitivMv.- Polyb., vi., 21.)— 23. (Aul. Gell., 1. c. —Ant. Sid., 13.)- 24. (Tacit., Germ.. <: 13,18 74.— Ii »., xiii., TC.) 189 HEDERA. HELENIUM earned flaming pitch and tow.' The mata/a and i-agiUa were chiefly used in Gaul and Spain : the i'agula was probably barbed, as it required to be cut out of the wound." The .Ac lis and Cateia were much smaller missiles. Among the decorations which the Roman gener- als bestowed on their soldiers, more especially for Baving the life of a fellow-citizen, was a spear with- out a head, called hasta pura.^ The gift of it is eometimes recorded in funeral inscriptions. The celibaris hasta,* having been fixed into the body of a gladiator lying dead on the arena, was used at marriages to part the hair of the bride.' A spear was erected at auctions (vid. AnoTio), and when tenders were received for public oflSces {locationes). It served both to announce, by a con- ventional sign conspicuous at a distance, that a sale was going on, and to show tliat it was conduct- ed under the authority of the public functionaries.* Hence an auction was called hasta, and an auction- room hastarium.'' It was also the practice to set >ip a spear in the court of the Centcmviei. The throwing of spears was one of the gymnastic exercises of the Romans.' HASTATI. (Vid. Army, Roman, p. 103.) HECATOMBjEON. {Vid. Calendar, Greek.) HEGATOMBAIA. {Vid. Her^a.) HECTICI {'E/cTticoi), another name for the medi- cal sect of the Episynthetici, as we learn from Ga- len,' who says that " Agethinus the Lacedasmonian was the founder of a sect which he named 'Emavv- OeTLKTi, and which some called 'EK^sKTiKn, and oth- ers 'Ektikt)." For their opinions (as far as they are tnown), vid. Episynthetici. ♦HED'ERA {daaof or KiVrof), the Ivy, Hedera helix. The ivy, as Fee remarks, is one of the best- known plants of antiquity, since, independently of the descriptions given of it by ancient poets and botanists, we see it sculptured on various monu- ments of former days. Theophrastus,'" and, after bim, Dioscorides" and Pliny," have distinguished three kinds of ivy, subdivided into several species. These three kinds, however, are now looked upon as mere varieties, and we may be said to know at '.he present day but a single species of Hedera, ivhich modern botanical writers have designated by the epithet of Helix (JAtf ). Among the varieties of chis species may be mentioned the Hedera corymbosa of modern botanists, the same with the H. arborea if the botanical writers of the Middle Ages. It is he kind beautifully described in the Culex of Vir- !»il, and alluded to also in the 3d Eclogue, and in he Georgics of the same poet. The Hedera nigra .if the 7th and 8th Eclogues is that which the an- lients consecrated to Bacchus, and called, from him, Oionysia. It is the Hedera poetica of Bauhin, and served, when interlaced with the laurel, as a crown for warriors, poets, &c. The epithet nigra, given by Virgil to the Hedera helix, applies to its dark- tiued berries and the sombre colour of its foliage. By the epithet pallens, on the other hand, he intends to indicate the flowers, as well as the corymbi before the fruit is matured." The following remarks of Martyn" are worthy of perusal : " Many sorts of ivy are mentioned by the ancients, most of which seem to be rather varieties than distinct species. Theo- 1. (Liv., xxi., 8.— Id., ixxiv., IB.—Virg., JEi\., ix., 706.— Lu- can, vi., 198.— Sil. Ital., i., 351.— Aul. Gell., 1. c— Isid., Orig., sviii., 7.— Grat. Falisc, Cyneg-., 342.)— 2. (Plaut., Gas., ii., 4, 18 —Id., Epid., v., 2, 25.— Id., Pseud., i., 4, 24.— Cses., B. G., i. »6.— Id ib., v., 35.— Gell., 1. c.)— 3. (Vir^., .Bn., vi., 760.— I'erv. in IfX. — Festus, s. v. llasta. — Sueton., Claud., 28. — Tacit., Ann., iii., 21.)— 4 (Festus, s. v.)— 5. (Ovid, Fast., ii., 560.)— 6. (Cic, Off., ii., 8 — Neprjs, Attic, 6. — Festus, s. v. Harta.) — 7, (TertttU., Apd., 13.)— 8. (Plaut., Bacc, iii., 3, 24.— Id., Most., i., 2, 73.)— 9. (Dofiuit. Med., c. 14, turn. 19, p. 353, ed. Kahn.) -10. (ii., 210.)— 11. (H. P., iii., 18.)— 12. (H. N., xvi., 34.)— 13. (Fee, Flore de Virg., p. Ixii., &c.)— 14. (ad Virs.. Ecloif., iii., 39.) 490 phrastus says the three principal sorts an3 the while the black, and that which is called helix. The lilad is our common ivy, and the helix seems to be onlv the same plant before it has arrived at the perfec- tion of bearing fruit. For at first the leaves arc angular, and the whole plant clings closely to the wall or tree that supports it : but when it comes to flower, a new shoot is detached from the support, bearing roundish leaves without angles. Thai llie helix is the ivy in its barren state is plain from tlie account which Theophrastus gives of it. He says the leaves are angular, and more neat than tliose of ivy, which has them more round and simple. He adds also that it is barren. As fi)r the white ivy, it seems to be unknown to us. Some, indeed, ima- gine it to be that variety of which the leaves are variegated with white. But Theophrastus express- ly mentions the whiteness of the fruit ; for he says some have only the fruit white, and others the leaves also. Dioscorides also mentions three principal sorts of ivy, the white, the black, and the liclii. The white bears a white fruit ; the black has eitlief a black or saffron-coloured fruit ; this kind thfy called also Dionysia; the helix bears no fruit at ail, but has white twigs, and small, angnlar, reddish leaves. Pliny has confounded the ivy with the cis- tits, being deceived by the similarity between kiotoj (or KiTToc) and daro;. The flower of the cistus does, indeed, bear a resemblance to that of the wilil rose, as Pliny remarks, but it would be difficult to find any such similitude in the ivy." HEDNA (Mva). ( Vid. Dos, Greek.) *HEDYOSMUS {vdioa/ios). Garden-mint, or Men- tha saliva. The ^Svoafioi uyptoc of Dioscorides and others is the Mentha gentilis ; the ijSvoa/ioc iiiupo;, the Mentha crispa. The KaTiafiivBri irepd is thi M. syhestris.'- *HEDYS'ARUM l/iSmapov), a leguminous pla.il, Coronilla securidica. It was also called by the iC' cient writers TrekeKtvo^, which name, as well ai securidica, refers to the axe-formed shape of ils seeds. The modern Greek name is jnnpoMSi, " Matthiolus," observes Adams, " holds that the Hedysarum is either the Coronilla securidica or thfl Astragalus hamosus. Clusius brought into view the Coronilla varia and the Bisserula pelecinus. Stack- house makes the TzeXeklvo; of Theophrastus, which is identical with the i/Svaapov, to be the Coronilla securidica, and in this opinion he has the support of Sibthorp. Schneider, however, is by no means satisfied that either the Coronilla or the Bisserula answers to the description of Dioscorides.'" 'HrEMON'IA AIK A2THP'I0T {fiyeiimia Smaarti- piov). {Vid. Eisagogeis.) 'ElPrMOT rPA$H {dpynov ypa^fi). This was an action for false imprisonment of a free citizen or stranger, and keeping such person in private cus- tody. There are no orations upon this subject ex- tant, nor, indeed, any direct allusions to it by name; but it is hinted at as a remedy that might have been adopted by Agatharchus, the painter, for the re- straint put upon his personal liberty by Alcibiadea ;' and in a passage of Dinarchus,* where a miller is mentioned to have incurred capital punishment foi a like offence. The thesmothetae probably presided in the court before which offenders of this kind were brought to trial.' ♦HELENIUM {kUvwv), a plant. Scabwort or Ele campane, Inula Helenium, L. "Helenium," says Lis- ter, " Inula Campana Italis dictum." " It is proba- ble," remarks Woodville, " that the Elecampane ia the Helenium foliis verbasci of Dioscorides, and the Inula of Pliny." Sprengel and Dierbach also agree 1. (Theophraat., II. P., vii., 7.— Dioscor., iii., 36.)— S. (DiM cor., iii., 136. — Adams, Append., 8. v.) — 3. (Andoc., c. A'.cib,, p 119.)— 4. (c. I era., 17.)— 5. (Meier, Att. Proc., 332.) HEl.LEdORUS. HELMISs. Ill referring il lo the Inula Helenium, L. The other gppcies described by Dioscorides is referred by Bau- hin and Sprengel to the Tcucrium marum.'- HELE'POLIS (iXimXcc). When Demetrius' Po- liorcetes besieged Salamis, in Cyprus, he caused a machine to be constructed which he called " the ta- ker of cities.". Its form was that of a square tow- er, each side being 90 cubits high and 45 wide. It rested on four wheels, each eight cubits high. It was divided into nine stories, the lower of which tontained machines for throwing great atones, the middle large catapults for throwing spears, and the highest other machines for throwing smaller stones, together with smaller catapults. It was manned with 200 soldiers, besides those who moved it by pushing the parallel beams at the bottom.' At the siege of Rhodes, 306 B.C., Demetrius em- ployed % helepolis of still greater dimensions and more complicated construction. Besides wheels, it dad castors (avTiaTpinTa), so as to admit of being moved laterally as well as directly. Its form was lyramidal. The three sides which were exposed vo attack were rendered fireproof by being covered with iron plates. In front, each story had port- loles, which were adapted to the several kinds of nissiles, and were furnished with shutters that •-ould be opened or closed at pleasure, and were nade of skins stuffed with wool. Each story had '.wo broad flights of steps, one for ascending, the ither for descending.' This helepolis was con- structed by Epimachus the Athenian ; and a much isteemed description of it was written by Dioelides )f Abdera.* It was, no doubt, the greatest and most remarkable engine of the kind that was ever erect- ed. In subsequent ages we find the name of " hele- polis" applied to moving towers whion carried bat- tering-rams, as well as machines for throwing spears and stones." Towers of this description were used to destroy the walls of Jerusalem when it was taken by the Romans.' {Vid. Aries, Tormentum.) HELI.— 13. (Heajrch., a. ».) "the bed of twigs."' The games and contests or the Herasa took place in the stadium, near the tem- ple on the road to the Acropolis. A bj.izen sliieici was fixed in a place above the theatre, which was scarcely accessible to any one, and the young man who succeeded in pulling it down received the shield and a garland of myrtle as bis prize. Hence Pin- dar' calls the contest uyav x^^teog. It seems that this contest took place before the procession went out to the Heraeon, for Strabo^ states that the victoi went with his prizes in solemn procession to that temple. This contest was said to have been insti- tuted, according to some traditions, by Acrisius and Prcetus,* according to others by Archinos.' The Heraea or HecatombaBa of .iEgina were cel- ebrated in the same manner as those of Argos.' The Heraea of Samos, which island also derived the worship of Hera from Argos,' were perhaps the most brilliant of all the festivals of this divinity. A magnificent procession, consisting of maidens and married women in splendid attire, and with floating hair,' together with men and youths in ar- mour,' went to the Temple of Hera. After they arrived within the sacred precincts, the men depos- ited their armour, and prayers and vows were offer- ed up to the goddess. Her altar consisted of the ashes of the victims which had been burned to her." The Heraea of Elis were celebrated every fifth year, or in the fourth year of every Olympiad." The festival was chiefly celebrated by maidens, and conducted by sixteen matrons, who wove the sacred peplus for the goddess. But, before the solemnities commenced, these matrons sacrificed a pig, and pu- rified themselves in the well Piera.'" One of the principal solemnities was a race of the maidens in the stadium, for which purpose they were divided into three classes, according to their age. The youngest ran first, and the oldest last. Their only dress on this occasion was a x'-™'"< which cams down to the knee, and their hair was floating. She who won the prize received a garland of olive- boughs, together with a part of a cow which was sacrificed to Hera, and might dedicate her own painted likeness in the temple of the goddess. The sixteen matrons were attended by as many female attendants, and performed two dances ; the one called the dance of Physcoa, the other the dance of Hippodameia. Respecting farther particulars,-and the history of this solemnity, see Paus., v., 16, () 2, &c. Hersa were celebrated in various other places ; e.g., in Cos,'^ at Corinth," at Athens," at Cnossus in Crete." HERE'DITAS. (Firf. Heres, Roman.) HERES (GREEK). The Athenian laws of in- heritance are to be explained under this title. The subject may be divided into five parts, of which we shall speak: 1st, of personal capacity to inherit; 3dly, of the rules of descent and succession ; 3dly, of the power of devising ; 4thly, of the remedies of the heir for recovering his rights ; 5thly, of the ob- ligations to which he succeeded. I. Of Personal Capacity to Inherit. — To obtain the right of inheritance as well as citizenship (iyxiisTeia and 'RoWiTBia), legitimacy was a necessary qualifica- tion. Those children were legitimate who were born in lawful wedlock." The validity of a mar- riage depended partly on the capacity of the cor- 1. (Compare Welcker on* Schwenck's Etymologische Andeu- tungen, p. 268.)— 2. (Nem., x., 41.)— 3. (viii., p. 556.)— 4. (jEli- an, V. H., iii., 24.)— 5. (Schol. ad Find., 01., vii., 152.)— 8. (Scliol. ad Find., Isthm., viii., 114.— Muller, jSginet., p. 149.)—. 7. (Pans., viii., 4, ^ 4.)— 8. (Asius ap. Athen., xii., p 525,)— 9. (PolyiEn., Strat., i., 23,— Id. ib., vi,, 45.)— 10. (Fans., v , 13, 4 5.)— 11. (Corsini, Dissert., iii., 30.)— 12. (Pans., v., 16, « 5.)— 13. (Athen., xiv., p. 639.— Id., vi., p. 262.)— 14. (Eurip., Med., 1379.— Philostr., Her., xii., 14.)— 15. (Flut., Quajst. Rom., vii, 199.)— 16. (Died. Sic, v., 72 -17. (Demosth., c. Nenr., 1386.1 *9.S HERES. HERES. iracting parties, partly on thfi nature of the con- tract. On the first point little needs to be noticed here, except that brother and sister by the same motlier were forbidden to marry ; but consanguini- ty in general was so far from being deemed an ob- jection, that marriage between -collateral relations was encouraged, in order to keep the property in the family.' The contract was made by the hus- band with the father, brother, or other legal guardi- an (Kvpne) of the intended wife ; then only was she properly betrothed (fyyvriTri). An heiress, however, was assigned or adjudged to the next of kin {iin&i- KaaOelaa) by process of law, as explained under' Epiclerhs." No ceremony was necessary to ratify the contract ; but it was usual to betroth the bride in the presence of witnesses, and to give a marriage feasts and invite the friends and relatives, for the sake of publicity.' A marriage without proper es- pousals was irregular ; but the issue lost their herit- able rights only, not their franchise ; and the former, it seems, might be restored, if the members of their father's clan would consent to their being register- ed.* As it was necessary for every man to be en- rolled in his clan in order to obtain his full civil rights, so was the registration the best evidence of legitimacy, and the ^pdropec and avyyeveis were usually called to prove it in courts of justice.' For farther particulars, see Platner, Beilrage, 104, &c. — ^Wachsmuth, i., 2,i31, and'148 ;, ii., 1, 204, &c. — >Schomann, Ant. J. P. Gr., v., 19, 21, 88. II. Of the Rides of Descent and Succession. — Here we would premise that, as the Athenian law made no difference, in this respect, between real and per- sonal estate, the words heir, inherit, &c., will be ap- plied indiscriminately to both. When an Athenian died leaving sons, they shared the inheritance, like our heirs in gavelkind, and as they, now do in France ;= a law no less favourable to that balance of property which Solon meant to establish, than O'.e law of primogeniture was suited to the military ciistocracies created in the feudal times. The only advantage possessed by the eldest son was the first choice in the division.' If there was but one son, he took the whole estate ; but if he had sisters, it was incumbent on him to provide for them^ and give them suitable marriage portions; they were then called kmrcpoiKot.' There was no positive law making it imperative on a brother to give his sister a portion of a certain amount ; but the moral obligation to assign her a fortune corresponding to his own rank was strengthened by custom and pub- lic opinion, insomuch that, if she was given in mar- riage portionless, it was deemed a slur upon her character, and might even raise a doubt of her le- gitimacy. ° On failure of sons and their issue, dadghters and daughters' children succeeded (as to the raw concerning heiresses, vid. Epigleeus) ; and there psems to have been no limit to the succession in the descending line." If the deceased left grandsons by different sons, it is clear that they would take the shares of their respective fathers. So if he had a granddaughter by one son, and a grandson by an- other, the latter would not exclude the former, as a 1. (Andoc, De Myst., 119.— Id., o. Alcib., 33, ed. Bekker — Lys., c. Ale, 41, ed. Bekker.— Bemosth., c. Leooh., 1083 —Id c. Eubul., 1305.— Plut., Cimon, 4.— Id., Themist., 32.)— 2. (Isie- as, De Cir. hsered,, 26.— Id., De Philoct. hsred., 19, ed. Becker — Demosth., Pro Phorm., 954.— Id,, c. Steph., 1134.)— 3. (is^. tis, De Cir. hiered., 18. — Demosth., c. Onet., 869. — Id., c Eubul 13J1. 1312.)— 4. (IssEUS, De Philoot. hiered., 29-33.)— 5. (Andoo'' De Myst., 127, ed. Becker.— Iskus, De Cir. hsred., 26.— Id., De Philoct., 13.— Demosth., c. Eubul., 1305, &o.)— 6. (Iskus De Philoct. haered., 32.)^7. (Demosth., Pro Phorm., 947.)— 8. (Har- poor., 8. T. 'EirWiKoj.)— 9. (Issus, De Pyi-rh. haered., 40.— Lys., De Ariat. bon., 16, ed. Becker. — Demosth., o. Bieot. de dote 1014.)— 10. {Iskhs, De Cir.li»red., 39-40.— Id., De Pynhi haered 69 -Id.,De Philoct., 3S, 67.— Demosth,, o Macart., 10S7, 1058.) 494 brother would a sister, but both would .share alike, Of this there is no direct evidence ; but it follows from a principle of Attic law, by which, on the birth of a son, his title to his father's inheritance, or to a share thereof, immediately accrued ; if then he died before his father, but leaving issue, they, claimed their grandfather's inheritance as representing him. It was otherwise with daughters. Their title did not thus accrue ; and, therefore, it Was the -praetice for the son of an heiress to be adopted- into his ma- ternal grandfather's house, and to become his son in point of law. Farther (as will presently be shown), the general preference of males to females did not commence till the deceased father's de- scendants were exhausted. On failure of lineal descendants, the collateral branches were resorted to. And first came the issue of the same father with the deceased, viz, brothers and brothers' children, the children of a deceased brother taking the share of their father;' and after them, sisters and sisters' children, among whom the principle of representation also prevail ed ;' but whether sisters' children took per stirpei or per capita, does not appear. Next come the descendants of the same grand father with the deceased ; cousins and cousinS' children. Here the law declared that males and the issue of males should be preferred to females and their issue.' Thus the son of an uncle would exclude the son of an aunt, while the son of an aunt would exclude the daughter of an uncle. On the same principle, Isaeus* contends that the son ol a female first cousin prevented his mother's sister from inheriting, although he was farther removed from the deceased (yevu aTcorepu) by one degree. This preference, however, was confined to three who were descended from the same common an destor, that is to say, from the grandfather of the deceased; for the words iK rCni avrCiv in Demos- thenes are to be explained by the Tpirt^ yam of Isa us. Therefore, a first cousin once removed, claim ing through a female, had a better title than a second cousin claiming through males ; for a second cous- in is descended, not from the grandfather, but only from the great-grandfather of the deceased, and so is beyond the legal degrees of succession (Ifu m kyyiardag or avyyevelag). On this Eubulides founds his pretension to the estate of Hagnias, because he claims as representative (son by adoption) of i& maternal grandfather, who was first cousin to Ha]^ nias ; whereas the father of his opponent, Macaria- tus, was second cousin to Hagnias, and (as Demos- thenes expresses it) was not in the same branch of the family {oiic ix tov olnov tov 'Ayviov'). On failure of first cousins and their issue, the inheritance went to the half-blood by the mother's side ; brothers and sisters, nephews and nieces, cousins and their children, as before. But if there were no maternal kinsmen within the legal degree, it returned to the agnati, or next of kin on the pa- ternal side (roBf irpof narpo^), whose proximitj was traced by counting the degrees from the com- mon ancestor." The succession of parents to their children is matter of dispute among the learned. From the silence of the orators, the absence of any example, and the express declaration of Isaaus' respeclinj the mother, it may be inferred that parents could not inherit at Athens. At Athens, the maxiin 4e- reditas nunquam ascendit held only of lineal, not of collateral ascent. For example, an uncle might 1. (Is6BUS, De Hagn. hiEred., i., 2.— Demosth., c. Jlanart., 1067.— Id., c. Leoch., 1083.)- 2. (Isseus, De ApoU. hKred.-, 33.)- 3. (Isa!us, De Hapi. hraed.. i., B.— Demosth., o. Macart., 1067.) -4. (De Apoll. ttiered., 25, 26.)- -5. (c. Macart., 1070.)— «. (Is" us, De Hagn. hsBred., 1-18.— Demosth., c Maoait., 1067.)— 7 (De Hagn. haered., 26.) HERES HERBS, inherit.* So also he might marry the heiress, as next of kin." On this part of the subject tlie reader is referred to Wachsmuth, ii., 1, 212, &c. ; Bunsen, De jure hcred. Alhen. ; Sir WilUam Jones's Com- mentary annexed to the translation of Isseus ; and a short summary of the law by Schbmann, Ant. J. P. Gr., v., 20. These and other writers are not agreed on many of the foregoing points, which are left in much obscurity, owing to the mutilated state in which the laws have reached us, and the artifices used by the orators to misrepresent the truth. ' It will assist the student to be informed that ivt^pio; signifies a first cousin. 'AveTpiadmc is a first cousin's son, formed in the same manner as i.6eX- ^iSovs from d&ll^of, and -SvyaTpiSovg from ■^yarrip. Thus my first cousin's son is uvefiaSovg to me, but not conversely. Again, though it is true that two or more second cousins may be spoken of collect- ively as uve^iaSol,' yet one of them cannot be said to be uve^iadovg to another. Herein consists the fallacy of those who maintain that second cousins came within the legal degrees of succession. K/l^pof is the subject matter of inheritance, or (in one sense of the word) the inheritance ; a'kripo- vojioQ, the heir. 'kyxi^cTeia, proximity of blood in reference to succession, and sometimes right of suc- cession. 'Svyyeveia, natural consanguinity. Siiy- yevfif, collateral relatives, are opposed to t-Kyovoi, lineal descendants. III. 0/ the Power of Devising. — That the owner had power to alienate his property during his life- time, and that such alienation was valid in point of law, both as against the heir and all the rest of the world, is beyond a doubt. There was, however, an ancient law, which punished with degradation (an/ii'o) a man who had wasted his patrimony (to rarpCia KaTeSTjSoxus). He was considered an of- fender against the state, because he disabled him- self from contributing to the public service. Pros- ecutions for such an offence were rare ; but the rsputation of a spendthrift was always prejudicial fc" To 1 (Isaus, De Cleon. hiEred., 55.)— 2. (De Pyrrh. hsred., 90.) —3. (DemoSth., c. Steph., llir.)-4. (Diog. Laert., Solon, 55. — JEschm., c. Timarcli., 97-105, 154, ed. Bekker.)— 5. (IsEeus, De Arist. hsred., 14. — Id., De Philoct., 10. — Demosth., c. Steph., 1133, 1136.) — 6. (Demosth., o. Aphob., 814, 827.)^7. (Demosth., c.Macart., 1055.— W., Pro Phorm., 955.)— 8. (Hai^ pocrat., 8. V. Noffcra.)— 9. (Isaius, Do Pyrrh. h^red., 82i-84.) — !0. (FM. Horn., II., v., 158.— Hes., Theog., 607.) obviate this misfortune, an Athenian had two coui ses open to hin?.. Either he might bequeath hia property by will, or he might adopt a son in his life- time. (^Vid. Adoption, Greek.) Wills were in writing, and usually had one or more attesting witnesses, whose names were super- scribed, but who did not know the contents. They were often deposited with friends, or other trust- worthy persons, such as a magistrate. It was con- sidered a badge of fraud if they were made secretly or in the presence of strangers.' A will was am- bulatory until the death of the maker, and might be revoked, wholly or partially, by a new one. It seems, also, that there might be a parol revocation.' The client of Isseus, in the last-cited cause, con- tends that the testator sent for the depositary of his will with an intention to cancel it, but died be- fore he got it into his possession ; this (he says) was a virtual revocation. He calls witnesses to prove the testator's affection for himself and dislike of his opponents, and thence infers that the will was unnatural, and a proof of insanity. Simiiai arguments were often used.' With respect to the proceeding by which a father publicly renounced his paternal authority over his son, vid. Apooehyxis. Plato* refers to it, and rec- ommends that a father should not take such a step alone, but in conjunction with the other members of the family. At Athens, the paternal authority ceased altogether after the son had completed his nineteenth year ; he was then considered to belong less to his father than to the state.' IV. Of the Remedies of the Heir for Recovering hii Rights. — A son or other male descendant might enter and take possession of the estate immediately after the owner's death.' If he was prevented from so doing, he might bring an action of ejectment against the intruder. {Vid. Embateia.) Any one who disturbed a minor in the enjoyment of his pat- rimony was liable to a criminal prosecution (kuko- ffeuf eiaayyeMa^). As to the proceedings in case of heiress, vid. Epiclertjs. Other heirs at law, and claimants by adoption or devise, were not at liberty to enter until the estate was formally adjudged to them. The proper course was to make application to the archon, who attended at his office for that purpose every month in the year except the last (Scirophorion). The party who ap- plied was regarded as a suitor, and (on obtaining a hearing) was said ?i,ayx«ra diem cretionis). The formal words of cretion were " earn hereditatem adeo cernoque." Unless he did this, he lost the hereditas, and he could not obtain it merely by acting as heres (pro herede gerendo). If a person was named heres without any time of cretion being fixed, or if he succeeded (legitimo jure) to the property of an intestate, he might become heres without any formal declaration of his inten- tion, and might take possession of the hereditas when he pleased : but the prator was accustomed, upon the demand of the creditors of the testator or mtestate, to name a time within which the heres should take possession, and in default of his doing so, he gave the creditors permission to sell the prop- erty. The common form of cretion in the will {vul- garis .cretio) has been already mentioned. Some- times the words "quibus seiet poteritque" were omitted, and it was then specially called " cretio certorum dierum," which was the more disadvanta- geous to the heres, as the days began to be reckon- ed, or, as we say, the time began to run immediate- ly, and it was not reclioned from the time when the feres knew that he was named heres, and had no impediment to his cretion. It was not unusual to maliB several degrees of he- redes in a will, which was called substitutio. Thus, in the formula beginning "Heres Titius," &c., after the words " exheres esto," the testator might add, " Turn Maivius heres esto cemitoque in diebus cert- I. (Cae., Phil., ii., 16.)— 2. (Gains, ii., 163-1 — 3. (Gaini, ii., • IMv-CiC, De Orat., i.;22.) 498 turn," &c. ; and he might go on sii.bstitutingflg fn as he pleased. The person first named as herei {prima gradu) became heres by the act of cretion • and the substitutus {secundvs heres^) was then ea' tirely excluded. ; If the words " si ijon creveris" were not- followed by words of exheredation, thit gave some advantage to the first heres : for instance, if he neglected the formality .Qf cretion, and oalj acted as heres, he did not lose, all, t|ut shared tlie hereditas equally with the substituted; person. Tbii was the old rule.; but a constitution ef Aureliuj made the acting as heres equivalent to cretion, pro. vidc'' such action took place within the time of ere- tion. In the case of liberi impuberes, who werein th« power of a testa,tpr,, there might be not only the kind of substitution instmentioneA {vulgaris substi- tutio), but the testator might declare that if such children should live to become his heredes, and should die. impuberes, some other person, whom he named, should be his heres. This was expressed thus : " si prius moriatur quam in suam tutelam tic- nerit ;"' for the termination of impuberty and of the tutela were coincident. (Fid. Curator.) , Thus, as Gains remarks, one testamentary disposition com- prised two hereditates. This was called papillaris substitutio. This kind of substitqtiqn ,was contain- ed in a clause by itself, and in a separate part of the will, which was secured by the testator's. o;fii thread and seal, with a provision in the first part of the will that, this second part should not be opened so long a; the son liyed and was impubes. A sub- stitution could also be made in thecase of children being exheredated (disinherited) by the parent's will, and the substituted person then took all that the pupillus acquired by hereditas, legatucn (legacy), or gift. Gaius observes* that all his remarks with reference to substitution for children impuberes, when made heredes or exheredated, apply to post- humous {postumi) children, of which there is an ex- ample cited by Cicero :' " Sijiliusr^atusesset indt- cemmcnsibus," &c. If an extraneus was made heres, there could he no substitution to the effect that, if he died within a certain time, another person should be heres.; for though a testator could attach a condition to be performed before a person could take the hereditas, a person, when he had once become heres, continued such. The case of a pupillus substitutio, wtiiqh was an exception to this general rule, was probably founded on the patria potestas. Thle heres might, however, be charged with a fideicomraissura, in which case he was heres fiduciarius. {Vid. Fidh- COHHISSUM.) As to conditions which the heres was bound fo perform, they might be any that were not contraiy to positive law or positive morality ; such as the setting up of statues," &c., or changing the name.' If a man's own slave was made heres' by his will, it was necessary that he should be made free also by the vfill : the words were, " Stichiis servtu mens liber heresque esto." If the slave were not made free by the testament, he could not take un- der it, even if he were manumitted by his master, and, of course, he could not if he were sold; and the reason is, that the institution was not valid. If he was instituted free as well as heres, he becam« both a freeman and heres necessarius by the death of his master: if he was manumitted by his iinas- ter in his lifetime', he might accept the inheritance or refuse it. If he was sold by his master in his life- 1. (Ci(!.„Top., 10.— Hor., Sat; ii., 5, 48.)— 2. (Compare Oaim ii., 17T, &!!., with Ulpiair, Prag;^ iiii., 34.) — 3. (Cic, De I» vent., ii., 42.— Id., Top., 10.— (Jaius, ii., 179.)— 4. (ii., 183.)-* (Top. 10.)-<. (Cic. in Verr., ii., 8j 9, J» )-7. (Cic. ad Att. vii., 8.) IIERES.- HERES. timer he could take possession of the inheritance with the permission of his new master, who. thus became hares through the medium of his slave. If the sjave who was made hares was then the prop- erty of another person, and not of the testator, he could not take the inheritance without the consent of hi 3 master, ibr if he took it his master became heres : if such slave was manumitted before taking possession of the inlierilanoe, he might accept it or refuse it, as he pleased. If 'ji ingenuus died intestate, either from not having made a will, or having made a will, but not in duo form, or having made a will in due fornj, which ailerward became invalid {ruptum, kritwrny the hereditas, according to the law of the Twelve Tables, came to the heredes suj, and was .theiDf called legitima heredilas. The heredes sui were " liberi" in the power of the testator at the time of his death ; the term liberi comprehended not only children,; but the children of the testator's male children, and the children of a male grandchild. Adopted children were considered the same as oth- er children. But-grandchildren could not be heredes sui, unless their father had ceased to be in the power of the intestate, either by death-or in any other way, as by emancipation. A wife in manu oeing consid- ered as a daughter, and a daughter-in-law (nurus) being considered a granddaughter, were sui here- des.; but the latter only when her husband was not in the power of the intestate at the time of his death, which was consistent with the law in the case of grandchildren. Posthumous children, who would have been in the power of the intestate if he were living, were also sui heredes. The sui here- des took the hereditas in equal shares. If there was a son or daughter, and children of a son de- ceased, the children of the deceased son took the portion which their parent would have taken. But ths distribution was tn stirpes, that is, among the stocks or stems sprung from the ancestor, and not in capital or among the individuals : thus, if there ■reie $ son, and the sons of a deceased son, the eon would take half of the l^ereditas, and the sons of the deceased son would take the other half, in equal shares. If an intestate had no sui heredes, the Twelve rubles gave the hereditas to the agnati. It is sta- ted under Coonati who are agnati. The hereditas did, not belong to all the agnati, but only to thqse who were nearest at the time when it was ascer- tained that a person had died intestate. If the nearest agnatus Ejither neglected to take the inherits smce, or died before he; had taken possession of it, in neither case did the next in succession, as agna- tus, take the inheritance. , He was the nearest agna- tus who was nearest at the time when it was ascer- tained that a person had died intestate, and not he who was nearest at the time of the death ; the reason of which appears to be, that the hereditas- was in a sense the property of the intestate until his heir was ascertained, and his heir could not be: ascertained until it was certain that he had left no will; and, as Gains observes, if he had left a will, still it might happen that no person would be heres under that will ; and, accordingly, it seemed better, as he observes, to look oat for the nearest agnatus at the tiipae when it is ascertained that there is no, heres under the will. If there were several agnati in the same degree, and any one refused to take his «hai;e, or died before he had assented to take it, Buch share accrued ((UfcrewO to those who consent- ed to take the hereditas. ' , In the case of women, -there were some peculiar- ities which arose from -their legal status. The he-- reditates of women intestate came to Iheir agnati "1st as ihe Inheritances of males ; but women who were beyond the degree of eonsanguinei- (a tens 'which legally means brothers and sistei-s) could not take hereditates ab intestato. Thus a sister, might take from a brother or sister as legitima hei;esi bul an aunt or a brother's daughter couldnot ))e a legit* ima heres. The principle of Roman law which gave to those who came into the potestas or manus the quality pf childi;en of the blood, was followed out in, this case also; a mother or a stepmother who had com© in manum viri thereby obtained the status of a d?(ughter.j a,nd, consequently, as tolegit- ^m?te succession, there (fvere the same relations be- tween suph mother oijistepmotherj and the husjvand'a children as there i were among the husband's chilr dren themselves. But, by. senatus coniulta of An- toninus an4 ippmmodus, the sons of a wife not in manu jspigbt take, as her legitimi heredes, to the ex- plusion of eonsanguinei and other agnati. :If,a.person4ied leaving np sui heredes, but only ia, brother. and another brother's ohildren, the broth- er took- ali| as the neatest agnatus. If there was ho brother surviving, and only children of brethren, the hereditas was dividpd among all the children in capita, that is, the whole was equally divided among all th& children. . If there were no agnati, the Twelve Tables gave the hereditas to the gentiles. (Vid. Gens, p, 469.) Gains' briefly recapitulates the strict law of the Twelve Tables as to the hereditates of intestates: emancipated children pould claim nothing, as they had ceased to be sni heredes : the same was the case if a man and hia children were at the same time made Roman citizens, unless the imperator reduced the children ivito the power of the father : agnati who had sustained a capitis -Ulpian, Frag.— Dig. 28, 29.— Inst., u., lii.)-* (Fsui., vii.,22, t 3.) HERMiEA. HESTIASIS. blocks, thirty of which were exhibited to Pausanias in the city of Pharee.' In the course of time, the square bloclc was surmounted by the head of the deity it represented. Many images of this kind are described by Pausanias ; one of Poseidon at Trico- loni in Arcadia,' another of Zeus re/letof at T 3gea,' and another of Aphrodite Urania at Athens.* It is probable that the first statues of this improved na- ture were those of Hermes or Mercury, from whom they recetred their name ; but the term was applied gonera)ly to that particular class of statues termed kfryaciaL rcpdyovoi or axv/^ara Tcrpayuva,' even though the busts of other divinities, or persons of either sex, surmounted the pedestal. In these works, the invention of which is ascribed to the Athenians by Pausanias, the only parts of the human body developed were the head and sex- ual organs. But when the sculptor's art was still farther perfected, the whole torso was placed upon a pedestal ; and, finally, the pedestal itself was sometimes chiselled to indicate the separation of the legs, as may be seen in a tetragonal female statue in the Villa Albani." Two other forms of the Her- mse may be seen in the British Museum.' Houses in Athens had one of these statues placed at the door,' which were worshipped by the women as instrumental to fecundity, though not in the most dehcate manner ;' and the great superstition attach- ed to them is shown by tlie alarm and indignation which were felt at Athens in consequence of the mutilation of the whole number in a single night, just before the sailing of the Sicilian expedition." They were hkewise placed in front of temples, near to tombs, In the gymnasia, libraries, and public places, at the corners of streets and high roads as Bignposts, and some are still to be seen at Athens with the names of victors in the gymnastic contests inscribed upon them." Among the Romans partic- ularly they were used for boundary landmarks, ei- ther in their primitive form of large stones or with busts upon them, whence they were styled termini iad lapides terminales," ani as posts for ornamental railings to a garden, in which case they were com- monly decorated with the busts of philosophers and eminent men, some of which may be seen at the Vatican, with the square holes in their shoulders into which the transverse rail was inserted. As the square part of the statue represented Mer- cury," his name is often compounded with that of the deity whose bust it supports. Thus the Her- mathena which Atticus sent from Athens to Cicero'* tore the bust of Minerva; the Hermerada" those of Hercules. The story of Hermaphroditus had prob- ably its origin in some ancient statue of this descrip- tion, where the square Mercury was surmounted by 1 female torso, like the one in the British Museum." For the application of the Herma and Hermula in the circus, vid. p. 254, 255. HERMjEA ("Ep/taia, festivals of Hermes, cele- brated in various parts of Greece. As Hermes was the tutelary deity of the gymnasia and palaestrae, the boys at Athens celebrated the Hermaea in the gymnasia. They were on this occasion dressed in their best, offered sacrifices to the god, and amused themselves with various games and sports, which were probably of a more free and unrestrained char- acter than usual. Hence the gymnasiarch was 1. {Pans., 1. c.)— 2. (viii., 35, « 6.)— 3. (Ih., 48, i 4.)—i. (i., H», 4 ».)— 5. (Thucyd., vi.,a7 — Pans., iv., 33, 6 4.)— 6. (Winck- llm., Sloria dello Arte, torn. 1, tav. 1.)— 7. (Chamber 1, No. 3. — Chamber 3, No. 35.)— 8. (Thucyd., vi., 27.— .^lian, V. H., ii., n.) — 9. (Vid. bas-relief in Boissarde, Antiq. Roman., part 1.)-— 10. (Thooyi'., vi., 27.— Andoo., De Myst.)— II. (Leake, Athena, J. 1', n. 2.)— 12. (Amm. Marcell., xviii., 2, 15.— Compare Ti- inJl 1., iii., 44.— Virg., JEn., rii., 897.)— 13. (Cic. ad Att., i., ».)— ll-iad AM., i., 1, 4 1—15. (ib.; 10.)— 16. (Chamber 6, No. prohibited by a law of Solon' from admit tcng any adults on the occasion. This law, however, was afterward neglected, and in the time of Plato' we find the boys celebrating the Hermaea in a palaestra, and in the presence of persons of all ages." (Com- pare Gyhhasiuh, p. 482.) Hermaea were also celebrated in Crete, where, on this occasion, the same custom prevailed which was observed at Rome during the Saturnalia ; for the day was a season of freedom and enjoyment for , the slaves, and their masters waited upon them at their repasts.* The town of Pheneos, in Arcadia, of which Herrnea was the principal divinity, likewise celebrated Her- maea with games and contests.' A festival of the same kind was celebrated at Pellene." Tanagra in Boeotia,' and some other places, likewise celebrated festivals of Hermes, but particulars are not known HERMATHE'NA. {Vid. Uermm.) HERMERACLiE. (Vid. Herm^.) *HERMODACT'YLUS {ip/wduKTv^o;), the same with the Colchicum autumnale, or Meadow Saffron. "My limits," observes Adanis, "will not afforii room to discuss fully the much-agitated question respecting the Hermodactylus of the ancients. It is to he remarked, however, in the first place, that Paulus yEgineta entirely omits treating of the koa- Xiicov of Dioscorides by name, and in place of it has the ipiioSuKTvlot. This circumstance forms a strong presuniption that the two substances were identical. And again, Serapion, in his chapter on Hermodacty- lus, gives the words of Paulus .lEgineta along with Dioscorides' chapter on Colchicum. It seems unde- niable, then, that the Arabians held the Hermodac- tylus to be the same as the Colchicum,; and, accord- ingly, the highest authorities in modern times on the Ses Herbaria, of the ancients, such as Bergius, Tournefort, Humelbergius, Geoffrey, Prosper Alpi- nus. Dr. Paris, and many others, recognise the Hermodactylus as the Colchicum autumnule, or Mead- ow Saffron. Still, however, Sprengel joins Matthi- olus and Dr. Murray in referring it to the Iris tuber- osa. After impartially examining the evidence oq both sides, I continue to be of the opinion expressed by me formerly, that the ancient ipjioduKTvlog was the Meadow Saffron.'" *HERPYLLUS {IpTnlloi), according to most authorities, the Wild Thyme, or Thymus serpyllum, L. Sibthbrp, however, inclines to refer it to a spe- cies which he found in great abundance near the Ilissus, called by him Thymus incanus. The wild kind, which Dioscorides calls fiiyiCi is the Thymus zygis.' *HESP'ERIS (kanepic:), a plant, the same with the Hesperis matrqnulis, or Dame's Violet. Spren- gel, however, prefers the Hesperis Iris^is.'-" HERO'A. ( Vid. Fhnus, p. 457.) HESTIA. (Vid. Focus.) HESTI'ASIS (iariaais) was a species of liturgy, and consisted in giving a feast to one of the tribes at Athens (t^k fvljjv fonjii"). It v/as provided for each tribe at the expense of a person belonging to that tribe, who was called hriuTup " Harpocra- tion" states, on the authority of the speech of De- mosthenes against Meidias, that this feast was sometinies provided by persons voluntarily, and at other times by persons appointed by lot ; but, ai Biickh remarks, nothing of this kind occurs in the speech, and no burden of this description could have 1. (.Sschin., c. Timarcb., p. !)6.)— 2. (Lysis., p. 206, D., Ac.) —3. (Becker, Charikles, i., p. 335, &o.)— 4. (A'hen., liv., p, 639.)— 5. (Paus., viii., 14, 7.)— 6. (Schol. ad Find., OU, vii., 156. — Schol. ad Pind., Nem., x., 82.)— 7. (Pans., U., it, ll 8.)— 8 (Adams, Append., s. v.) — 9. (Adams, Append., s. v.)-«10, (AjSf ams, Append., s. v.) — 11. (Demosth., c. Meid., p. 565, lO..^Fol< lui, Onom., iii., 67.)— 12. (Demorth c. BoBot., p. 996, 24 )— II (« V. 'EotiiIt'. ) 501 hetmrm. US^TJERJE. Kcn intjKJsed upon a citizen by lot.' The ianaTopec were doubtless appointed, like all persons serring liturgies, acfcording to the amount of their property in some regular succession.. These' banquets- of the tribes, called ^vlemcll SeZm/a hy Athensusi' were introduced for sacred purposes, and for keep- ing up a friendly intercourse between persons of the same tribe, and must be distinguished from the .great feastings of the people, which- were defrayed from the Theorica.' HET.iER.'E {iraifiat). The word Halpa original- ly only signified a friend or companion, but at Ath- ens and other towns of Greece it was afterward used as a euphemistic name for iropvri, that is, a prostitute or mistress.' As petspns of this class acted a much more prominent and influential part in'^omeof the Greek states than in any of'thfc most demoralized capitals of niodern times, we cannot avoid, in this' work, to state their position and their relations to other classes of society. But as their conduct, manners, ensnaring artifices, and imposi- tions have at all times and in all countries been the same, we shall confine ourgelve^ to those points which were peculiar to the hetserae in Greece. First we may mention that the young men at Athens, previous to their marriage, spent a great part of their tirne in the compatiy of HetSrse without its being thought blamable in any respect whatever. Marriage, indeed, produced, on the whole, a change in this mode of Uving of young men, but in innu- merable instances even married men continued their intercourse with hetaerse,, vrithout drawing upon themselves the censure of public ppini6n ; it sepms, on the contrary, evident, from the manner in which Demosthenes* relates the' history of Lysias the sophist, that such connexions, i^fter marriage were not looked upon as anything extraordinary or in- consistent, provided a man did not offend against public decency, or altogether neglect his legitimate wife and the affairs of his household, as was the case with Alcibiades;" This irregular condition of private life among the Greeks seems to have arisen chiefly from two- causes: first, from thp great lov? of sensual pleasures, which the ' Greeks appear to have possessed even in a much higher degree than most other southern nations; and, secondly, from the generally prevailing indifference between' hus- 'bands and'wives.- As regards the latter point, mat- rimonial life, in the historical times of Greece, was Ivery different from'that vvhich we f^nd described in the heroic age. Hovy this change was brought about is not Clear ; but it can scarcely be dijubted that, generally speaking, the Greeks looked upon marriage merely as a means of producing citizens for the state.^ The education of wohaen. was al- most entirely neglected ; they vyere thought a kind of inferior beings; less endo^Yed^ by nature, and in- capable of taking any payt in public affairs, and of iyrapathiaing -with their' husbands. In an irttellp'-t- nal point of view, theijefgre, they, were not fit to be agreeable companions to their husband^, whu con- aequently sought elsewhei-e that which they did not find at home. It is true, the history of Greece fur- nishes many pleasing examples of domestic happi- ness and well»educated women, but these are ex- ceptions, and , only confirm the genpral rule. , A consequence -'pf. all this was, that 'women were bound down by rates which men might violate with impunity; and -a wife appears to have had' no right to proceed against her husband, even if she could prove that hp was unfaithfjll,! although shV herself i 1, (v., p. 185, d.)-% (BSckh,, Public Eoon. of Athens," ii., p. 131, — 'Wolf, Proleg. .ad Itemoath'., .Leptili., ,pi Lxxxyii., nqte .60.) —3, (Hut., Solon^ c,i5.— Atheii.,>iii'.^p, 571.)— 4. (c.Woffir., i 1^51, *c.)-.75. (Andoti., o. Alcib,, p. 117.)— 6. , (Dpraiath., c. 'ext., p. 13ei.— Backer, CharUilea, ii., p.21S, £c,)— ^7. (Plaut., Mercat , it., 6, 3.) fi02 &, was subject to severe punishment if she (Tail tfe, tected. The isolated testimony Of a late 'Writer like Alciphron,' who represents a wife threatening hfer hiisband that,'Unle.ss he would give up his dissoluij mode of living, she would induce her father to bring a charge against him, can, as Becker' observes, ptove nothing, inasmuch as a neglect of fdmityaf. fairs might; in this 'Case,- have been the greunfl iar accusation. But to return to the hetaerae : the stale notonlT tolerated, but protected them, and' obtained profit from them. Solon is said to have establishfeil a topvelov (also called naiidiquelov, kpyar!TTipu>vi%i d Kri/ta), in which prostitutes 'were keptj' and to Save built the temple of Aphrodite Pandemus- with tlie profit' which had been'obtained. from them,; At a later period the number of such houses at-' Athens was increased, and the persons who kept them *efe called nopvodomoi, leh&nes. The conduct of tbs hetaeras in these houses is described in Athenajus,* All the hetaerse of these houses, as well as individ. uals who lived by themselves and gained their live- lihood by prostitution, had to pay to the state a tax {vopyubv TiTiO^y, and the collecting of this tax was every 'yeair let by the senate to such pefeons (relH- vai oTnopvoTc^dvai.') as were best acquainted With those -Who had to pay it. The hetaerae were under the superintendence of the ayopavopot,'' ami IMi places of abode were chiefly in the Ceramicus." The number of private hetKrae, or such as did not live in a nopyelov, was very great at Athens, They were, however, generally not mere prostitulej, but acted at the same time as flute or cilhara'^lay ers, and as dancers, and werfe, as sucH,: fteqiientlj engaged to add to the splendour- of family saerifloes,' or to' enliven and heighten thte pleasures of men at their symposia. Their private abodes, Where bfteii two, tliree, and mpre lived together, wei*e also fre- qiiently places of resort for young men." Most of these hetairae not only took the greatest care to pre- serve tlieu- physical beauties, and to acquire such accomplishments as we just mentioned, but paid considerable attention to the cultivation of their minds. Thus' the Arcadian Laslheneia was a dis- ciple of Plato,^' and Leontion a disciple of 'Epiciv- rus;" Aspasiais even said to have instructed'Soe- rates and Pericles. Whatever we may think of the historical truth of these and similar reports, they are of irinportanbe to the historian, inasmuch as they show in what light these hetaeras were look«d upon by the ancients. It seems to have been wwing es- pecially to their superiority in intellectual cultiva- tion over the female citizens^ that men preferred their society and conversation to those of 'citizens and wives, and that some hetaerae, such as Aspasia, Lais; Phryne, and others, formed connexions' With the most eminent men of their age, and acquired considerable influence over their contemporaries. The free arid unrestrained conduct andconVersa- tioh, which were not subject to the strict conven- tional rules which honest women had to observe; their wit and humour, of which so many instances are recorded, were well Calculated to ensnare young men, and to draw the attention of husbands away from their wives. Women, however, of tlie intel- lect and character of Aspasia, were exceptions; and even Athenian citizens did not scruple to introduce their wives and.daughters to hetcircles, that they might learn- there the secrets by whicji they migM gain and preserve the affections of their husbands. The fiisbrderly life of the majority of Greek hetsra 1. (Epist.; i., 6.)— 2, (Chiii-jldes, i., p. 112.)— 3. (AtticB., xai, p, 569.)— 4. (xiii., p, 568.)— 5. (jEsch., c, Ti^lareh.,p. 134, W -r6..(Philonide8 ap. PoUux,' vii., SOS.) — 7. (Suida!,(J. v; 4l* vpnu/ia.)— 8. C^esyci,.,s.v.Kiputteiic6s.)-^i.(flmti,W'''!<^ 4,M.)— 10. (Isoc, Areopa^., p. 202. ed. Beckc! )--lI. (*"!» xii., p. 516.)— 12. (Athen., xiii., p. 388.) HETAlliESEOS GRAPHE. HIERQMNEMONES. b nowhere set forth in better colours than in the works of the writers who belong to the so-called achool of the middle comedy, and in the plays of Plautns and Terence; with which may be com pared Deinosth., c. NeiBri, p. 1855, &c,, and Athen., book xiii. 'It was formerly supposed that at Athens a peculiar dross was 6y law prescribed to the hetas- rae, but this opinion is without any foundation.^ The town most notorious iff Greece for the num- ber of its hetserae, as'.'well as ifor theirrefined man- ners and beauty, was Corinth." Strabo' states that the temple of Aphrodite in this town possessed more than one thousand hetaerae, who were called iepo- touMi, and who were the ruin of many a stranger who visited Gofinth.* ' Hence the name KoptvBia itdpi/ was used as synonymous with haipa, and ko- oivOid^eddai was equivalent to traipslvfi At Spar- . ta, arid in most ether- Doric states, the hetaerse seem never to have acquired that importance which they had in other parts of Greece, and among the Greeks of Asia Minor. An important- question is who the hetserae gener- ally were. Tbe tepoSovTiOi of Corinth were, as their name indicates, slaves belonging to Aphrodite ; and their prostitution was a kind' of service to the god- dess. Those t&pvm who were kept' at Athens in public houses by the wdpvoSomot, were generally Blares belonging to these jropvoBoaicoi, -who coinpell- ed them to prostitution for the sake of enriching themselves thereby. The owners of these mpvat were justly held in greater contempt than the un^ nappy victims themselves. Sometimes, however, they were real prostitutes, who voluntarily entered into a contract with a mpvttSoaKd; : others, again, Were females who had been educated in better cir- cumstances and for a better fate, but had, by mis- fortunes, lost their liberty, and were coiiipelled by want to take to this mode of living. Among this last class we may also reckon those girls who had been picked up as young children, and brought up by iropvoSoaKoi for the purpose of prostitution. An instance of this kind is Nicarete,- a freed-woman, who had contrived to procure seven yourig children, snd afterward compelled them to prostitution, or sold them to men who wished' to have the exclusive possession of them.* Other instances of the same kind are iadntioned in the comedies of Plautus.' Thus all prostitutes kept in public or private houses were either real slaves, or, at least, looked upon and treated as such. Those hetaerae, on the other hand, who lived alone, either as mistresses of certain in- dividuals or* as common hetaerae, were almost inva- riably strangers or aliens, or freed- women. The cases in which daughters of Athenian -citizens adopted the life of an hetaeraj as Lamia, the daugh- iet of Cleanor, -did,' seem to have occurred very! seldom ; and whenever such a case happened, the ivoman was by law excluded from all public sacri- fices and offices; sank down to the rank of ah alien, and as such, became subject to the iropviKov riXoi : she generally, also, changed her name. The same degradation took [Aace when an Athenian citizen kept a wopvdov, which seems to have occurred very Keldom.' •ETAIFHSEaS TPA*H(irajp^natural lusts (k another; but only if after such degradation thej veiitured to exercise their political franchise, ahJ aspired to bear office in the state. From the law, which is recited by iEschines,' we learn that sucl offenders were capitally punished. The cause was tried by the court of the thesmothetae." HETAIR'IAI. {Vii. Ekanoi.) HEXA'PHORUM. (Yid. Leotica.) ♦HIERAC'ION (UpdKiov) a plant, of whica Ui- oscoridesi mentions two kinds, the ro fdya and the TO jitKpov. The former of these Sibthorp makes the same with the Arnopogon picroides, Willdi, and the latter with the Scorzonera elongatayWiM.' *HIERAX (iEpaf ), a term applied to various spe- cies of Accipiirina, or the Hawk tribe. ',' The scho- liast on Apoltonius Rhodius says," remarks Adams, "that Callima&hus described six species of Hawk-, 'and; Aristotle mentions that some had described ten species.* Linnaeus applies the term rather loosely to three genera, namely, the Strix, the Fmlco, ami the Psittaeus. The Updiie; of the Greeks belong principally to the second of these. 1. The ^acrtro- !J, in that it was directed against the otfence of robbery, aggravated by violence and desecration, to which the penalty of death was awarded. In the latter action, on the contrary, the theft and embezzlement, and its subject matter, only were taken into consideration, and the d leasts had a power of assessing the penalty upon the con- viction of the offender. With respect to the tribu- nal before which a case of sacrilege might have been tried, some circumstances seem to have pro- duced considerable differences. The ypcuj)^ might be preferred to the king archon, who would there- upon assemble the areiopagus and preside at the trial, or to one of the thesmothetae in his character of chief of an ordinary hellastic body ; or, if the prosecution assumed the form of an apagoge or ephegesis, would fall within the jurisdiction of the Eleven. Before the first-mentioned court it is con- jectured' that the sacrilege of the alleged spoliation, as well as the fact itself, came in question ; that the thesmothetae took cognizance of those cases in which the sacrilege was obvious if the fact were established; and that the Eleven had jurisdiction when the criminal appeared in the character of a common robber or burglar, surprised in the com- mission of the offence. In all these cases the con- vict was put to death, his property confiscated, and his body denied burial within the Attic territory. There is a speech of Lysias' extant upon this sub- ject, but it adds little to our knowledge, except that slaves were allowed upon that occasion to ap- pear as informers against their master — a resident alien— and anticipated their emancipation in the event of his conviction. HILA'RIA (iUpia) seems originally to have been a name which was given to any day or season of rejoicing. The hilaria were, therefore, according to Maximus Monachus," either private or public. Among the former he reckons the day on which a person married, and on which a son was born ; among the latter, those days of public rejoicings appointed by a new ernperor. Such days were de- voted to general rejoicings and public sacrifices. 1. (Pro Corona, p. 255, 20. — Compare Polyb., iv., 52, fy 4.) — ^2. fEckhol, Doctr. Num., vol. ii., p. 31, &c,)— 3. (Mqller, Dor., ui., 9, 4 10.)— 4. (BiJckh, Corp. Ijiscr., vol. ii., p. 183, 184.)— 5. (Pollux, Onom., viii., 107. — Photius, s. v. Upcmoiot.) — 6. (BOckh, Corp. Insor., vol. i., p, 250 )—^. (Demosth., c. Meid., fi £62, 6.— Backh, Publ. £con. of Athens, i., p. 288.)— 8. (Meier, Att. Proc., 307.)— 9. (Pro Callia.)— 10. (Schol. ad Dionys. Are- ipag., £pi9t., &) 504 and no one was allowed to show any traces of gijel or sorrow. But the Romans also celebrated hilaria, as a.feria stativa, on the 25th of March, in honour of Cybele, the mother of the gods ;• and it is probably to dia. tinguish these hilaria from those mentioned above that Lampridius' calls them Hilaria Matris DeOm. The day of its celebration was the first after the vernal equinox, or the first day of the year which was longer than the night. The winter, with itt gloom, had passed away, and the first day of a bettei season was spent in rejoicings.' The manner of its celebration during the time of the Republic it unknown, except that Valerius Maximus* mentionii games in honour of the mother of the gods. R^. specting its celebration at the time of the Empire, we learn from Herodian' that, among other things, there was a solemn procession, in which the statui) of the goddess was carried, and before this statut were carried the most costly specimens of plate and works of art belonging either to wealthy Ro- mans or to the emperors themselves. AH kinds of games and amusements were allowed on this day ; masquerades were the most prnraiaent among them, and every one might, in his disguise, iriilate whom- soever he liked, and even magistrates. The hilaria were in reality only Xna last day of a festival of Cybele, which cr.mmor.ccd on the 2ad of March, and was solemnized bv the Galli with va- rious mysterious rites.' It nvr.y also be observed that the hilaria are neither r,eritioned in the Romao calendar nor in Ovid's Fasli. *HIMANTO'PO.US (f^avroTrojjf), a species ofj bird, which Turner conjetcures to be the Red-shanlti Gesner, however, prelbrs the Sea-pie, or Oyster- catcher, the Hamatojnis ostralegus, L.' HIMATION. (Vid. Pallium.) *HINNUS. (Vid. GiNNus.) *HIPPARCHUS ("nnrapxo;), an animal described by Oppian. Probably the same with the itmit- 0(.' HIPPARMOSTES. (Vid. Akmy, Greek, p. 98.) *HIPPEL'APHUS (in7raa(j)oc), a large aniinalof the deer, or, rather, antelope kind, mentione)i(b) Aristotle. Cuvier takes it to be the Capm agar grus of Pallas, the same as the Tragelaplius ofi Pliny. Buffon makes it to be the Cerf des Arden- nes. The Greek name means literally "horse- stag."' •HIPPOCAMPUS (liriroKa/iKos), a fabulous ani- mal, described by the ancient poets, as a species of Seahorse, having a tail like a fish, on which the seagods ride. — Modern naturalists, however, apply, the term to a species offish, the Syngnathus Hippo-, campus, called in Italian Cavillo marino, and in Engr lish Seahorse, because its head has some resem- blance to that of a horse. It grows to the length^ol eight or twelve inches." *HIPPOLAP'ATHUM {imroUiraeov). a plant, a kind of Dock; Lapathum hortense. {Vid. Laka- THUM.)" *HIPPOM'ANES (ijrffo^ovEf), a plant, said to grow especially in Arcadia, sought for and eagerly devoured by horses ; or, as others say, producing in them raging desire or madness." *II. A preparation from the Spurge or Euphorhit, as far, at least, as we can infer from what Tlieophras- tus says of it." *HIPPOMAR'ATHRUM (Inm/idpaepciv). AdarM observes that Stackhouse " makes the InTrtiiapadpot 1. (Macrob., Sat., i, 21.) — 2. (Ale.\aiid. Sev., c. 37.) — fc (Flav. Vopisc, Aurelian, o. 1.)— 4. (ii., 4, 3.)— 5. (i., 10, 11.)— 6. (Ovid, Fast., iv., 337, .tSdv\ the Swallow. "Three birds of the Swallow tribe," observes Adams, " are briefly noticed by Aristotle.'" The first is either the Hitundo urbica, the Martin, or H. rustica, the Chim- ney Swallow. iElian" seems to point to the latter. 1. (Hippocrat, Nat. Mulier. — Theophrost., H. P., vi., 3. — Di- mcnr., iii.. 75. — Adams, Append., s. v.) — 2. (Festus, a, v. Bul- EB.)— 3. (Petron., Sat., 31.) — 4. (Festus, 1. c. -^ Onomast. Gr. •t.)— S. (Epist., 88.)— 6. (Dioacor., iv., 159.— Theophrast., ix., 15. — -Adams, Append., s. v.) — 7. (Diuacor., iv., 170. — Adams, Apsend., 8. V.)— B. (Herod., ii., 71.— Anstot., II. A., ii., 4. — Di- tloa., M. M.. ii., 25.— Nicand., Ther., 565.) — 9. (Theophrast., H. P., ii., 2 —Id., C. P., vi., 12.— Dioacor., iii., 71.)— 10. (Dios- oof., iv.i 4fl. — Geopon., ii., 6. — Theophrast., H. P., iv., 10.— Ad- •m»i Append., s. v.)— U. (Aristot., H. A., viii., 13. — Flin>, H. N,, ix., 16 —Id ib., xxxii., 9.— Adams. Append , s. v.) — 19 (H. l,ii, 2.)- 13. (N A.,i., 92.) S s B The second is probably the Swift; and the third tha H. riparia, or Bank Swallow. Aristotle favours the opinion which received the countenance of Linnae- us, but has since been exploded, that swallows hide themselves in holes during the winter, and do nol migrate to distant countries. Herodotus' states' that the swallows do not migrate from Egypt. This would imply that he held that they migrate from other countries. Some have coniectured that Homer meant the Swallow by the bird which he names avonaia, or jravoiraia, as some read it.' HISTOS (J(TT6f). (Vid. Malus.) HI'STRIO, an Actor. I. Greek Actors {iiroKpnai). It is shown in the articles Chorus and Dionysia that the Greek drama originated in the chorus which at the festi- vals of Dionysus danced around his altar, and that at fiist one person detached himself from the cho- rus, and, with mimic gesticulation, related his story either to the chorus or in conversation with it. If the story thus acted required more than one person, they were all represented in succession by the same actor, and there was never more than one person on the stage at a time. This custom was retained by Thespis and Phrynichus. But it was clear that if the chorus took an active and independent part in such a play, it would have been obliged to leave its original and characteristic sphere. .Sschylus thei e- fore added a second actor, so that the action and the dialogue became independent of the chorus, and the dramatist, at the same time, had an opportunity of showing two persons in contrast with each other on the stage.- Towards the close of his career, JEschylus found it necessary to introduce a third actor, as is the case in the Agamemnon, Choephori, and Eumenides.* This number of three actors was also adopted by Sophocles and Euripides, and was but seldom exceeded in any Greek drama. In the CEdipus in Colonus, however, which was performed after the death of Sophocles, four actors appearef on the stage at once, and this deviation from the general rule was called Trapaxopijyrifia.' The three regular actors were distinguislied by the technical names of irpurayuvtarTic, devTspayuvtarT/^f and rpi' Tayuviorrii,' which indicated the more or less prom- inent part which an actor had to perform in the drama. Certain conventional means were also de- vised, by which the spectators, at the moment an actor appeared on the stage, were enabled to judge which part he was going to perform ; thus the pro- tagonistes always came on the stage from a door in the centre, the deuteragonistes from one on the right, and the tritagonistes from a door on the left hand side.' The protagonistes Was the principal hero or heroine of a play, in whom all the power and energy of the drama were concentrated ; and whenever a Greek drama is called after the name of one of its personae, it is always the name of the character which 'was performed by the protagonis- tes. The deuteragonistes, in the pieces of JEschy- lus for two actors, calls forth the various emotions of the protagonistes, either by friendly sympathy or by painful tidings, &c. The part of a tritagonistes is represented by some external and invisible pow- er, by which the hero is actuated or caused to suf- fer. When a tritagonistes was added, the part as- signed to him was generally that of an instigator, who was the cause of the sufferings of the protago- nistes, while he himself was the least capable of depth of feeling or sympathy. The deuteragonistes; in the dramas for three actors, is generally distin- guished by loftiness and warmth of feeling, but has 1. (ii., 48.)— 2. (Adams, Append., s. t.)— S. fAristot., Post., ii.,14.)— 4. (Pollux, Onora., iv., 110.) — 5 (Pollux, 1. c.) — 6. (Suidaa, s, v. TpiraymvKjTiis. — i")emosth., Ue Coron., p; 315.— Id., De Tall. I,.?., p. 344 and 401 )— 7. (Pollux, Onom., iv., 124.1 605 HISTRIO. pot its dtjjth and tehemence peculiar to the pirota- gonistes, and thus serves as a foil tor set forth the character of the chief hero in its most striking and ririd colours.' ' The female characters of a play were always pei> formed'by j'oung men, A distinct classi of persons, vho made acting on the stage their profession, was unknown to the Greeks during the period of their great dramatists. The earliest and.greatest. dra- ; nutio poets, Thfespis, Melanthius, Sophocles, and: probably .(Eschylus also, acted in itheir own plays, i and in all probability as protagoftistse. Wehalsol know of several instances in which distinguished Athenian eitigens appeared on the stage* and jEs-| chines, the orator, did not'scruple^to act the part Of tritagonistes.' These circumstances show that it vvas fby no means thought' degrading in Greece to perform on the stage, and that no stigma whatever was attached to the name of a man for his' appear- ing on Ifhe stage. Bad, actors, however, to what- ever station in life they belonged, were not, on that account, spared ; andvthe general rnodeiof showing displeasure on the part of the spectators seems to have been by whistling,'; It appears (that when the spectators showed their displeasure in too offensive or insulting a manher, the actors would rsometimes attack the most forward of the audience, and, quar- rels of this kind ended not unfrequently; in blows and wounds.' At a later period, however, persons ■began to devote themselves exclusively to the pro- fession of actors, and distinguished individuals re- ceived, even as early as the time of Demosthenes, exorbitant sums for their performances. Various instances are mentioned in Bockh's Publ. Ecan. of Athens, i., p. 161, &c, At the time When Greece had lost her independence, we find regular trOops of actors, who were either stationary in particular towns of Greece, or wandered from place to place, and engaged themselves wherever they found it mast profitable. They formed regular companies or guilds, with their own internal organization, with their common officers, property, and sacra. We possess a number of inscriptions belonging to isuch companies, with decrees to honour their superiors, or to declare their gratitude to some king to whom they had been engaged. But these actors are gen- erally spoken of in very contemptuous terms; they ,were, perhaps, in some iCases slaves or freedment and their ordinary pay seems to have been seven drachmse for every performance.' , II. Roman Actors. The wori Mfirionesi hy which the Roman actors were called, is : said, to have been formed from the Etruscan hisler, which signified a ludio or dancer.' ■ In theiyear 364 B.C. Rome Was visited by a plague, 'and as no human means could stop it, the iRomans are said to have tried to avert the anger of the gods by scenic plays {ludi scenici), which until then had , been unknown to them; and as there i were no persons at Rome prepared for such performances, the Romans sent to Etruria for them.i The first histriones who were thus introduced from Etruria were dancers, and per-' formed their movements to tlie accompaniment of a' flute. That the art of, dancing to this accompani- ment should have been altogether, unknown to the Romans is hardly credible; the real secret must have been in the mode of dancing, that ,is, in the mimio representations of the ; dancers, such as they 1. (Miiller, Hist, of Gr. Lit., i., p. 305, &c. — Compare ' Buttt- ger, " De ActonbusPririmrUm, Sec\rnd. et-Tert. ftirtiurai") — 2. (Demosth., 1. o.)— 3. (Demosth., De Coron., p. SlOil-ri 'J3e- mosth., .De Coron., p. 314.— Id., De Pals. Leg.rp. 449.— Andq- eid., c. Alcik, p. 121.^^AtliEn:,'ix., p. 4(56.) — 5. (LUcian, Icaro-i men., 29.— Id., DeMeiiced. Cond., 5.-^Theophrast., Gharact., 6.: —Compare MfillSr, Hist, of Greek Lit.,, i.,' p. 304, Ac— BeQlwr,' Chariklds, ii., p! ,274.— Bode, Geschiohte der drani. Dich&nnBt der UeUenen, 2 vols., 1839, 1840.)-^, (Liv., viij, 2j-rVal. Max., i» 4, 4,-r.eompare Plut., ,QuK5t. Kojo.', p. 889, (3/) , ': , F06 HISTRIO. are described by Bionysiu's' and Appian.' ^Tlratthi) Etruscans far excelled the Romans iii these mimio dances is more than probable ; and we find that ia subsequent itimes, also, a fresh surely of iEtrufecan dancers {histriones) came to Rome.* Roman yoatlu afterward not only imitated these dancers.^but'also recited rude and jocose verse's adapted to llie move ments of the dance and the melody of the jlute. This kind of amusement, whibh was the basis'^of the Roman drama, remained unaltered until the time of Livius Andronicus, who introduced a slave upon the stage for the purpose of singing or;reciting the recitative, -whilis he hiniself performed theap. propriate dance and gesticulation. (Fid^ Gten. GUM.) A farther step in the development of the drama, which is likewise ascribed; to Livius, *aa; that the dancer and reciter carried : on a diialogae; and acted a story with the accompaniment of-the flute.* The name histrio'j which originally >signfc ■fied a dancer, was now applied to the actots inr'the drama. The atellana) were played by ,freeborn Ro. mans, while theregfllar drama was left to the his- triones, who formed a distinct class of persorfsTe.wIt is clear, from the words of Livy, that the histriones were not citizens ; that they were not contained in the tribes, nor allowed to be enlisted assoldiers in the Roman legions ; and that, if any eitizencentered the profession of histrlo, he on this account ivas excluded from his tribe. Niebuhr' thinks differ- ently, but does not assign any reason for his opin ion. The histriones were therefore always either freedmen, strangers, or slaves, and many passage's of Roman writers show that they were generally held in great contempt.' Towards the close of the Republic, it was only such men as Cicero; who,*]! their Greek education, raised themselves above the prejudices of their countrymen, and valued the iter- son no less than the talents of an zEsopue,and Ros- cius.' But, notwithstandin"; this low estimation in which actors were generally held, distinguished in- dividuals among them attracted immense crovifdsto the theatres, and were exorbitantly paid.' Roscins alone received every day that he performed one thousand denarii, and jEsopus left his son a fortune of 200,000 sesterces, which he had acquired solely by his profession.' : The position: of the histriones was in some respects altered during the Empire, By an ancient lavif the Roman magistrates were empowered to coerce 'the histriones at any tilfle and in any place, and the praetor had the right to scourge them (jusvirgarum in histriones)^ This law was partly abolished by August-us, in as fer as he did entirely, away with the jus virgarum, 'and confined the interference of the magistrates 'to the time when, and the place where (iSwiiei wen4) the actors performed." , But he nevertheless inflicted very severe : punishments , upon those actors -who, either in their private life or in their conduct on the stage, comnaitted any impropriety.'' After these regulations of Augustus, the only legal punishments that could be inflicted upon actors for impi'oper con- duct seem to have: been imprisonment and exile-" The jus ; virgarum is indeed said to havoibeen re^ stored; to, the praetor by a law of Augustus himself," not expressly; but by the interpretation, put npdn this law by the jurists. Butthis interpretationican not have- become. valid till after the reign of Tibe rius, of whoiri'it is clearly stated that he refused to restore the jus yirga'rum, becatise it had'beehaWl- ished by his predecessor.'* Th&e civcurosfances, -, l,.(Antiq.BQni.,vii.,7a.)— 2. (viii., 66.)W3. (Mflller, Ewwt, iv., 1, 6.)— 4. IVid. Grbnov. ad Liv., 1. o.)— -S. (Hist-'of Rbinei i., p. 520, B. 11500— e. (Gio., Pro Arch., 6.— Corn. Nep., Pnefsl.,* ^Sneton., Tib'., 35.)— 7. (Maorob., Sat., ii., 10.)— 8. (Cio. it Terr., iv-, 16.)— 9.;(Macrob., 1. c.)^10. (Tacit., Aniwi., 57.)- Ih (Siiet.,QctaVii 45.)^la. (Tacit., Amu, iy;,,14.— Id.ib.£xlil< S8.)— 13. (Poult., Sent., v., tit. S8,)^14. (Tacit., *»»., i , 77J HONORES. HJRA. liJiiVthe ftvoiff of the emperors, inereased the arro- ga'icft and the loose fconduct of the htetriones, and the theatres were nbt seldom the scenes of bloody fights. Hence Tiberius, on ons occasion, found him- self obliged to expel all histriones from Italy ;' but they ■*cie 'recalled and patronised by his successor.' Some df the later emperors' were exceedingly fond of histriones, and kept-thein for their private amuse- ment (feXrfonc* oiiHei'); They performed at the repasts of the emperors,* and were occasionally al- lowed, also, to play in the theatres before the peo- ple (publicabantur). In the Digest' we read that all actors were infamcius. From the time of Tacitus the word histrio was used as synonymous with' pan- tomimus.' ReSpe'cUng' the ordinary pay which comrtion ac- tors received during the time of the RepublicV nO' thing IS known. The pay itself was called /wcitr,' which Word was perhaps confined originally to the payment made to those who took part in the reli- gious services cefeBratfed in groves.' In the times tjf the Empire it seems that five denarii,' or, ac^ cording to others,' seven drachmae, were the com- mon pay for a histrio for one performancei Sever- al emperors found it necessary to restrict the prac- tice of giving immoderate sums tO' actors." The Emperor M.' Antoninus, who was'fond Of all histri- onic arts, ordained that every actor should receive five aurei, and that no one who gave or conducted theatrical representations should exceed the sum of ten aurei." But it is not clear whether in this regulation the payment for one or more performan- ces is to be understood. These sums were either paid by those who engaged the actors to play for the amusement of the people, or from the fiscus." Besides their regular pay, however, skilful histriones received from the people gold and siiver crowns, which were given or thrown to tliem upon the stage.'' HOLOSPHY'RATON. {Vid. Bronze, p. 77.) HOMOIOI, {Vid CtviTAsi Greek, p 260.) HONORA'RU ACTIO. ( Fjrf. Actio, p. 17.) HONORA'RIUM. ( Vid. Advocatus, Cincia Lex.) HONORA'RHJM JUS. (Vid. Ediotum.) HONO'RES. Cicero'* speaks of the '• honores poptili," and Horace" of the populus ' , " ywz stnltu^s lionoTCS S(Epe dat indignisy ■ ' In hoth passages the word "honores" means the high offices of the state to which, qualified individ- uals were called by the votes of the Roman citi-, zens. Cicero calls the quiEstorship "honor ;"" and the words " magisti atus" and " honores" are some- times coupled together. The capacity of enjoying the honores was one of the distinguishing marks of citizenship. (FVi. Civitas.) There appears to be no exact definition of honor earlier than in the jurists whose writings are ex- cerpted in the Digest. "Honor munidpalis" is de- fined to be " adjnimstralio reipublicm cum dignitatis gradu, sive cum suinptu, sive sine erogalione contin- gens." Munus was either publicum or privatum. A publicum munus was concerned about adminis- tration {in admijiistranda rcpublica), and was at- tended with cost {aumptiixX but not with rank {digni- las). "Honor" was properly said "deferri," "dari;" munus was said "imponi." Cicero" uses the phrase 1, (Tacit.. Ann., iv., M.— Dion Cass., Iviii., p. 708.)— 2. (Dion Cass., li.^., p. 738.1—3. (Spartian., Hadr., <-.. 19.— Jul. Capitol., Vsrns, c. 8.1-4. (Sael.on.,'Oct'air., 74.)— 5. (3, tit. 2, s. ].)— 6.' (BBttichEr, I.e.t.Taoit.. p. 233.)— 7, (Tacit., Ann., i., 77.— Pint., QuifiSt. Rom., p. 285, C— Festus, s. v. "l.ucar" and " Pecunia.") —8. (Senec, E|iist..,80,) — 9. (I.usian, Icaromen., c. 29.)-^ JO.' (Tacit., 1. c— Suiit., Tib., 34.)— 11. .Jul. Capitol., M. Anton., e.ll. — Compare Schol. ad Juv., vii., 243.) — 12. (Lipsius, E.v-i ems. N. id Tacit., Ann., i.).^)3. (Plia!dr.,Fal)., v., 7, 36.— Plin,, II. N., nxL, 3.)— 14; (Top., c: 20.)— 15. (Seim.. 1., vi., .0.1- If,. {Vid, also Liv., vi., 30 )— 17. (De Or , i., 45.) "kmoribus et reipubiiccB munenius perfunctum" \ signify one who has attained all the honours thi his state can give, and discharged all tlie dutit which are owed by a citizen. A person who hel a magistratus might he said to discharge, muner; hut only as incident to the office {magnificentissin munere adilitatis perfunctus),^ for 'the office itsel was the honor. Svich- munera as these were publi games and other things of the kind.' HOPLI'TAI. (F«.Aema, p.94; Akmt, Greei p. 99.) HOPLOMACHI. (Jid. Gladiatoees, p. 476.) HORA ("I"'*)* in the signification of hour, tha is,- the 12th part of the natural day, did not com intb'general use among the ancients until about th middle of the second century B.C. The eqoinoc tial hours, thoughknown to astronomers and philos ophers, were not used in the affairs of common lif till towards the end of the fourth century A.I Asthe division of the natural day into twelve equs parts, both in sunimerand winter, rendered the du ration of the hours longer or Shorter according t the' different seasons of the year, it is not easy, wit: acfcviracy, to compare Or reduce the hoiirs of the an oients to our equinoctial hours. The hours of ai ancient day would only coincide with the hours o our day at the two equinoxes. (F«/. Dies and Ho Roi.oGiuM.) As the duration of the natural day moreover, depends on the polar altitude of a place our natural days would not coincide with the natu ral days in Italy or Greece. Ideler; in his Hand buck der Chronologic, has given the following ap proximate duration Of the natural days at Rome ii the year, 45 B.C., which was the first after the nev regulation of the calendar by J. Csesar ; the lengtl of the days is only marked at the eight principa points in the apparent course of the sun. Dayioftheyear. Their duration in 4^ B.C. equinoctiiil hours, Dec. 23 . . . ... 8 hours 54 minutes , Feb. 6 9 " 50 " March 23 12 " " May 9 14 " 10 " June 25, ...... 15 " 6 " Xugu.st 10 ..... 14 " 10 " Sept. 25. . , 12 " IN'ov. 9 ..... . 9 " 50 " The following table contains a comparison oif the hours of a Roman natural day. at.the sull;^mer am ^yinter solstiqe, with the hours of our day, , , SUMMER SOLSTICE. ..Roman Hours. MM em Hours ' 1st hour . 4 O'clock , 27 minutes, secondB, 2d t\ 5 " 42 30 11 3d (( 6 i( 58 CC 4th (( 8 (( 13 30 (( 5th cc 9 (C 29 It 6th (( 10 (( 44 30 (( 7th " . . 12 (( (t 8th " . . 1 (C 15 30 (( 9th " . . 2 l( 31 t( 10th (( 3 " 46 30 tt 11th " . . 5 it 2 it 12th " . . 6 " 17 30 It End of the day 7 (( 33 it WINTER S U.STICE. Roman Houn. Hoder Ilcuri. 1st hour i 7 o'clock, 33 minutes , seconds. 2d 8 17 " 30 tt 3d 9 2 ," tt 4th 9 46 . .(( 30 , (( 5th 10 31 " (f 6th " . , 11 15 ti 30 (C ■ 7th 12 11 . t»' 8th " ■ • 12 44 a 30 (1 1. (Cic. ad Fapi. , xi;, n.)-2. (Big. 50,. tjt.1 t, ".Ho Manwi- bus et Honoribus." 507 HOROLOGIUM. HOROLOGIUM. Ibaan Houa. Modem Honn. 9th hour . J o'clock, 29 minutes, seconds. 10th " . . 2 " 13 " 30 " nth " . . 2 " 58 " " lath " . . 3 " 42 " 30 " End of the day i " 27 " " The custom of dividing the natural day into twelve equal parts or hours lasted, as we have ob- served, till a very late period. The first calenda-^ rium in which w(i find the duration of day and night marked according to equinoctial hours, is the Calendarium rusticum Farnesianum.' Another question which has often been discussed is whether, in such expressions as prima, altera, tertia hora, &c., we have to understand the hour which is passing, or that which has already elapsed. From the construction of ancient sundials, on which the hours are marked by eleven lines, so that the first hour had elapsed when the shadow of the gnomon fell upon the first line, it might seem as if hora prima meant after the lapse of the first hour. But the manner in which Martial," when describing she various purposes to wliich the hours of the day were devoted by the Romans, speaks of the bours, leaves no doubt that the expressions prima, altera, tertia hora, &c., mean the hour which is passing, and not that which has already elapsed.' HORDEA'RIUM ^ES. (Vid. JEs Hoedearium.) HOPOI (opoi) were stone tablets or pillars put lip on mortgaged houses and lands at Alliens, upon which the debt and the creditor's name were in- scribed, and also the name of the archon eponymus in whose year the mortgage had been made.* The following Inscription upon an opoc found at Acharnse is taken from Bockh :' 'Em Qeo^paarov dpxoPTog, spoc x'-'P'^"" "/'?£■ ho^eiXoiihirig ^avoarpuTCfi Uatav V«) XX, that is, &LaxOd(M) Spaxii 6oa HOROLOGIUM. HORTbS. The breadth as well as the height (A O and. PA) are somewhat more than eight inches, and the length (A B)'a little more than Sixteeti inches. The surface (A R B) is horizontal; S P Q T is the basis of the solarium, which originally was proba^^ biy erected upon a pillar. Its side, A S T B, in- clines somewhat towards the basis. This, inclina- tion was called fyfc/lj/iai or inclinatio solarii and'en- clima succisum,' and shows the latitude or polar al- titude of the place for which the solarium was made. The anglfe of the enclima is about 40° 43', which coincides with the latitude of Tusculum. In the body of the solarium is the almost sphericar excava- tion H K D M I F N, which forms a donblehemicyc- lium [hemicyclhim excavatum ex quadrato'). With- in this excavation the eleven hour-lines are marked, which pass through three semicircles, H L N, K E F, and D M I. The middle One, K E F, represents the equator, the two others the tropic lines of win- ter and Summer. The curve representllig the sum- mer tropic is somewhat more than a semicircle, the two other curves somewhat smaller. The ten mid- dle parts, or hours in each of the three curves, are all equal to one another; but the two'extreme ones, though equal to each other, are by one fourth small- er than the rest. In the middle, G, of the curve D' K H N'l Jj there is a little square hole, in which the gnomon or pointer must have beeii .fixed^ and a trace of it is still visible in the lead by means of which it was fixed. It must have stood in a per- pendicular position upon the surface A B R 0, and at a certain distance from the surface it must have turned in a right angle above the spheric excava- tion, so that its end (C) extended as far as the mid- dle of the equator, as it is restored in the above woodcut. Vid. the description of another solarium in G. H. Martini's Antiquorum Monimentorum Syl- loge,^. 95, (fee. Clepsydras were used by the Romans in their camps, chiefly for the purpose of measuring accu- rately the four vigiliae into which the night was di- vided.' The custom of using clepsydrae as a check upon the speakers in the courts of justice at Rome, was introduced by a law of Cn. Pompeins, in his third consulship.* Before that time the speakers had been under no restrictions, but spoke as long as they deemed proper. At Rome, as at Athens, the time allowed to the speakers depended upon the impor- tance of the case. Pliny' states that on one impor- tant occasion he spoke for nearly five hours ; ten large clepsydrse had been granted to him by the ju^ dices, but the case was so important that four oth- ers were added.' Pompeius, in his law, is said to have limited the time during which the accuser was allowed to speak to two hours, while the accused was allowed three hours.' This, however, as is I. (Vitrav., 1. c.)— 2. (Vitrm.y^S. (Cues., Do Bell. Gall., v., IS.~Veget.rPeIteMil.,m.,8.^.En. Tact., c. 28.)— 4. (Ta- cused. This supposition is supported by a. case men- tioned by Pliny,' where, according to law (e lege\ the accuser had six hours, while the accused had nine. An especial officer was at Rome, as well aa at Athens, appointed to stop the clepsydra during thi time when documents were read." HORREA'RII. . (Vid., Horreum.) HORREUM (upelav, aiTO(liv7i,aiceio.v, diraS^Kt;) was according to its etyniologiqarsignificatioja,,a place in which ripe fruitSi and espedialTy Corn,. vpere kept, and .thus answered to our granary.^ During the Empire, the name horreum was given to any place destined for the safe preservation of things dfany kind. Thus vpe find it applied, to a place in which t)eautiful works of arfcvyere kept;' to cellars (/ioitm ^uilerranea, hqrrea mnaria'); to depots for merchan- dise, and all sorts of provisions {hoireum pemn- urn'). Seneca' even calls his library a, horreuin. But the more general application of the word hor- reum was to places for keeping fruit, and corn ; and, as some kinds of fruit required to be kept more dry than others, the ancients h^d,: besides the horrea subterrahea, or cellars, two other kinds, one of which was built,: like every other, house, upon fhe ground ; but? others {ha^rea, fensilia. at sublimia) were erected above the. ground, and rested upon posts or stone pillars, that the fruits kept in them might remain dry.' From about the year 140 A.D.,Rome possessed two kinds of public horrea. The one class consist- , ed of buildings in which the Romans might depos- ite their gqods, and even their money, securities, and other valualiles,''for which they had no safe place in their own houses. This kind of public horrea is mentioned as early as the time of Antojii- nus Pius," though Lampridius" assigns their insti- tution to Alexander Severus." The iofficers who had the superintendence of these establishments were called horrearii. The second and more im- portant class of horrea, which may be termed pub- lic granaries, were buildings in whicji a pleiitifiil supply of corn was constantly kept at the expense of the state, and from which, in seasons of scarcity, the corn was distributed among the poor, or sold at a moderate price. The first idea of building such a public granary arose with C. Sempronius Gracchus {lex Sempronia frumentaria) ; and the ruins of the great granary (horrea populi Romani) which he built were seen down to the sixteenth century .If tweeu the Aventine and the Monte Testaceo." The plan of C. Gracchus was followed out and carried farther by Clodius, Pompey, and several of the emperors ; and during the Empire we thus find a great number of public horrea which were called after the names of their founders, e. g., horrea Ani- ceti, Vargunteii, Seiani, Augusti, Domitiani,, &c. The manner in which corn from these gratiaries was given to the people differed at different times." HORTE'NSIA LEX. {Vid. Plebiscitom.) HORTUS (/ciyirof), Garden. I. Greek GARDENs.^Our knowledge of the hor- 1. (Epist., iv.. 9.)— 2. (Apul., Apolog;, i. and ii. — Cominro Enieati, " De Solapiis," in 'lis OpusoUl. PhiMog. et Crit., p. 2t- 31,— Becker, Gallna, i.i p. 186, &c;) — 3.^ (Virg., Georg., i., 49. — Tibull., n,, v., 84-— Herat., Cam., I., i., 7. — Cic., Do leg. AgT.,ii.,33.)— 4. (Fliii., Epist.,viii., 18.)— 5. (Dig. 18, tit; I, «. 76.)— 6. (Dig. 30,,tft. 9,s. 3.)— 7. (Epist.,45.)— 8. (Colniii:,»ii.i 50.— Id., i.,:6.— Vitruv., vi., 6, 4.) — 9. (Cod. i; tit. 24, •. 9:)- 10. (Dig. I, tit. 15, s. 3.)— 11. (Alei. Sev., c.3».)--12. (Compare Dig. 10, tit. 4, B. 5.)— 13. (Appian, De Bell. Civ., i., 21.— Pint C. Graciih., S.-Liv., Epit., 60.— Voll. Patere., ii., B.^Cia, Fr Seit., 24.)— 14. (Willter, Gesch. des Rom. Rcohtsi p.'247i)' HORTJJS. HOSPITIUM. ticultureof the Greeks is very limited. ..We must, aot lookifor intorriiation respectingitheir garden^to the accounts which we find in Greek writers of the garden^ of Alcinoiis, filled with all manner of trees, and fruit, and flowers, and adorned with fountains,' or of those of the Hesperides,' or of the paradises of the Persian satraps, which resemhled our parlss;' for the former, gardens are only imaginary, and the manner in which the paradises are spoken of hy Greek writers shows that they were not familiar witUanything of the kind in their own country. In fact,, the Greeks seetn to have had no greati taste for. landscape beauties, and the small number, of flowers with which (hey were acquainted afforded but little inducement to ornamental horticulture, i The sacred groves were cultivated with special care. They contained ornamental and odoriferous plants and fruit-trees, particularly olives and vines.* Sometimes they were without fruit-trees.' The only passage in the earlier Greek writers, in which flower-gardens appear to be mentioned, is one in Aristophanes, who speaks of K^Kovg ciufef .' At Athens the, flowers most cultivated were probably those used for making garlands, such as violets and roses. .Inthe tiEfie of the Ptolemies the art of gar- dening seems to have advanced in the favourable climate of Egypt, so far that a succession of flowers was obtained all the year round.' Longus' dcr scribes a garden containing every production of each season ; " in spring, roses, lilies, hyacinths, and violets ; in summer, poppies, wild pears (axpd- fcf), and all fruit ; in autumn, vines and.^gs; and pomegranates and myrtles." That the Greek idea of horticultural beauty was not quite the same as ours, may be inferred from a passage in Plutarch, Where he speaks of the practice of setting off the beauties of roses and violets by planting them side by side with leeks and onions.' Becker considers this passage a proof that flowers were cultivated more to be used for garlands than to beautify the garden.^? II. Roman Gardens. — The Romans, like the Greeks, laboured under the disadvantage of a very limited flora. This disadvantage they endeavoured to overcome, by arranging the materials they did possess in such a way as to produce a striking ef- fect. We have a very full description of a Roman garden in a letter of the younger Pliny, in which he describes his Tuscan villa." In front of the porii- cus there was generally a xystus, or flat piece of ground, divided into flower-beds of different shapes by borders of box. There were also such flower- beds in other parts of the garden. Sometimes they were raised so as to form terraces, and their slor ping sides planted with evergreens or creepers. The most striking features of a Roman garden were lines of large trees, among which the plane appears to have been a great favourite, planted in regular order ; alleys or walks (awiiw/aiioMC^) form- ed by dosely-clipped hedges of box, yew, cypress, and other evergreens ; beds of acanthus, rows of fruit-trees,, especially of vinesj with statues, pyra- mids, fountains, and summer-houses (diata). The trunks of the trees and the parts of the house, or any other buildings which were visible from the garden, were often covered with ivy." In one rcr spect the Roman taste differed most materially from that of the present day, namely, in their fond- ness for the ars topiaria, which consisted in tying, 1. (Od., Tji., 112-130.)— 2. (Hesiod, Theog., 25.)— 3. ^Xen., Anab., i., 2, 1) 7.— Id., OBcon., iv., 26, 27.— Hut., Aloib.,24.)— t. (Soph., (Ei: Col., 16.— Xen., Anab., v., 3, i 12.)— 5. (Pans., UBl, 1) 9.)— 6. (Aves, 1066.)— 7. (CallixenOs ap. Atben, v.; p. IM):).-8. (Pasl., ii., p. 36.)— 9. fPlatarch, " Do capienda ex in- Viioil tttilitate," a. 10.)— 10.- (Booier, Charikles, ii., p. 403-40S.) . — U. (Plin.-,;Epist,T.,«:)^12. (Itia, I s—Cic adQiiint Tif.,, twisting^or cutting trees, and shrubs (especially th< ,ho;x) into the figures of animals, ships, letiei^, &e The importance attached toithis part of horticultun is proved, not only by the description of Pliny, ant the flotices of other waiters,' but also by the fad that tirpiarius is the only name used in good, Latir writers for the ornamental gardener. Cicero' men- tions the io;riarm« among the higher class of slaves Attached to the garden were places fpr exercise the geatatio and- hipppdromus. , The gestatio was £ sort of avenue,, shaded by trees, for the purpose ol taking gentle exercise, such as riding in a litter.' The hippoi^ov!ms{nqt, as one reading gives the word in Pliny, hyppdromtts) was a place for running oi horse exerqise, in the form, of, a circus, const Jing of several paths divided! by hedges of box, orna- mented with tppiarian, work, and surrounded bj .large tr,ees;' ; The .flowers which the Romans possessed, though few in comparison, with the species, known to us, were more, numerous than some writers have rep- re^nted i but the subiect still requites investiga- tion. Their principal garden-flowers seem to hav« been violets and roses,,and they also had the cro- cus, narcissus, lily, gladioluSj iris, poppy, amaranth, and others. Conservatories. and hot-houses are not inentioned by any uA^riter earlier than the first century of oui sera. They are frequently referred to by Martial.' They were used both to preserve foreign plants, and to produce flowers and fruit out of season. Colu- mellii' ,and Pliny' speak of forcing-houses for grapes, melo^is, i&c. In every garden there was a space set apart for vegetables,, (o/era)- ; Flowers and plants were also kept jp the central space of the pefistyle {pid. House), on the , roofs, and in the windows of the houses. Sometimes, in a town,: where the garden was very small, its walls were painted in imitation qf a real garden, with trees, fountains, birds, &o., and the small area was ornamented with flowers in vases. A beautiful ex- ample of such a garden was found at Pojoipeii.' An ornaniental garden was also called iiiriiiffin- um,' and the gardener iopiarius or viridarius, The common name for a gardener is milieus or euUor hartoTum. We find, alsO) the special names vinitor, olitpr. The word hortulanus is only of late forma- tion., , The ayuarias had charge of the fountains both in the garden and, in the house.'" HOSPES. (F^rf. HospiTiuM.,) HOSPI'TIUM ifevia, npolevia). Hospitality is one of the characteristic features of almost all na- tions previous to their attaining a certain degree of civilization. In civilized countries the necessity oi general hospitality is not so much felt; but at a time when the state or the laws of nations afforded scarcely any security, and when the traveller on his journey did not meet with any plkces destined for his reception and accommodation, the exercise of hospitality was absolutely necessary. Aniong the nations of antiquity, with whom the right, of hospi- tality was haljowed.by rejigipn, it was, to some de- gree, observed to the latest period of their exist- ence, and acquired a political importance which it has, never had in any other state. It was in Greece, as wfiU as at Rqnie, of a tvvofold nature, either pri- vate or public, in as far as it was either estabhshed between individuals or between two states {Hot- pitium privatum and hospitium publicum, ^cvta anJ irpo^evia). 1. (Plin., H. N., xvi., 33, 60.— Id. ib., xri., II, 39.— Id. ifc, rrii., 22, 34.— Martial, iii., 19,)— 2. (Paradox., v., 2.)— 3. (Elin., Epist., v., 6.— Id. ib., ii., 17.)— 4. (Plin., 1. c— Martial, xfi,.SIL — Id., lvii.,'23;)— 5. (viii., 14, 68.— Id,, iT.,21, 5.— Id.,xiii,;iS7,t —6. (li., 3, 52.)-7. (H. N., xix., 5, 23.)— 8. (Cell's Ponjieiaiu, ii.,.4.)— 9. (Dig. 33, tit. 7, s. 8.)— 10. (Becker, Gallus, i., E."28% ■&o. — Bdttiger, Raceni,^tibneii zwt Garten-kunat der .^ten.) 511 '•■■ HOSPITIUM. In ancient Greece, the stranger, as such (fevor lad hostis), was looked upon as an enemy ;' but whenever he appeared among another tribe or na- tion without any sign of hostile intentions, he was considered not only as one who required aid, but as a suppliant, and Zeus was the protecting deity of strangers and suppliants (Zeif ^eIvloq and Ikctti- irjof*). This religious feeling was strengthened by the belief that the stranger might possibly be a god in disguise.' On his arrival, therefore, the stran- icr, of whatever station in life he might be, was Kindly received, and provided with everything ne- cessary to make him comfortable, and to satisfy his immediate wants. The host did not inquire who the stranger was, or what had led him to his house, until the duties of hospitality were fulfilled. During his stay, it was a sacred duty of his host to protect bun against any persecution, even if he belonged to A politically hostile race, so that the host's house nvas a perfect asylum to him. On his departure he was dismissed with presents and good wishes.* It seems to have been customary for the host, on ihe departure of the stranger, to break a die {aarpaya- Xof) in two, one half of which he himself retained, while the other half was given to the stranger; and \vhen at any future time they or their descendants met, they had a means of recognising each other, and the hospitable connexion was renewed.' Hos- pitality thus not only existed between the persons who had originally formed it, but was transferred as an inheritance from father to son. To violate the laws of hospitality was a great crime and an impiety, and was punished by men as well as gods {SUai. KaKoSevia;'). Instances of such hereditary connexions of hospitality are mentioned down to a very late period of Greek history ; and many towns, such as Athens, Corinth, Byzantium, Phasis, and others, were celebrated for the hospitable character of their citizens.' But, when a more regular and frequent intercourse among the Greeks began to be established, it was impossible to receive all these strangers in private houses. This naturally led to the establishment of inns {iravSoKsiov, KarayuycoVj KaraXvcic), in which such strangers as had no hos- pitable connexions found accommodation. For those occasions, on which numerous visiters flocked to a particular place for the purpose of celebrating one of the great or national festivals, the state or the temple provided for the accommodation of the visit- ers, eitlier in tents or temporary inns erected about the temple.' The kind of hospitality which was exercised by private individuals on such festive oc- casions probably differed very little from that which is customary among ourselves, and was chiefly shown towards friends or persons of distinction and merit, whose presence was an honour to the house wherein they stayed.' In the houses of the wealth- ier Greeks a separate part [hospitium or hospitalia, and fevuDEf), with a separate entrance, was destined for the reception and habitation of strangers, and was provided with all the necessary comforts for the temporary occupants. On the first day after their arrival they were generally invited to the ta- ble of their host ; but afterward their provisions i^evia), consisting of fowl, eggs, and fruit, were ei- ther sent to them, or they had to purchase them themselves." I. (Cic, De Off., i., 12.— Ilerod., ii., 11.— Plut., Aristid., 10.) —a. (Horn., 0(1., xiv., 57, flOUSE. i tier, we may conclude that their general arrangement corresponded with that described by Vitruvius.' In this description, however, there is one considerable difficulty, among others of less importance. In a Greek family the women lived in private apartments allotted to their exclusive use. Hence the house was always divided into two distinct portions, namely, the Andronitis, or men's apartments {avSpa- viTi^), and the Gynseconitis, or women's apartments {ymaiKuvlTif). Now Vitruvius, after describing the entrance to the house, goes on to the Gynseoonitis, and then speaks of the Andronitis, as if the latter lay behind the former, an arrangement which is highly improbable from all we know of the careful seclusion in which the Greek women were kept, and which is also directly opposed to the accounts of the writers of the period we have referred to. In, the earliest times, as in the houses referred to by Homer, the women's apartments were in the upper story {iirepuov). The same arrangement is found in the house spoken of by Lysias." But it does not follow that that was the usual custom at this period. On the contrary, we have the express testimony of several writers, and Lysias himself among the rest, that the Gynseconitis was on the same story with the Andronitis, aTid behind it ;' and even the tragic poets transfer to the heroic ages the practice of their own, and describe both sets of apartments as on the same floor.* Becker' notices the different explanations which have been given of the inconsistency between these statements and the description of Vitruvius, the most plausible of which is that of Galiani, namely, that in the time of Vitruvius a slight change had taken place in the disposition of the apartments, by which the Andronitis and Gynaeoonitis were placed Bide by side, each of them having its ovm front to- wards the street, and its own entrance. The front of the house towards the street was not large, as the apartments extended rather in the direction of its depth than of its width. In towns, the houses were often built side by side, with party walls between.' The exterior wall was plain, being composed generally of stone, brick, and timber,' and often covered with stucco.' Plutarch speaks of Phocion's house as being ornamented with plates of iron.' That there was no open space between the street and the house door, like the Roman vestibulum, is plain from the law of Hippias, which laid a tax on house-doors opening outward, because they en- croached upon the street.'" The 7rp6$vpa, which is sometimes mentioned," seems to be merely the space in front of the house. We learn, however, from the same law of Hippias, that houses some- times stood back fiom the street, within enclosures of their own {npoi^payiiara or Spm^aKToi'-^). In front of the house was generally an altar of Apollo Agyi- eus, or a rude obelisk emblematical of the god. Sometimes there was a bay-tree in the same po- sition, and sometimes a head of the god Hermes." A few steps (fivaBaBfioi) led up to the house-door, which .generally bore some inscription, for the sake of a good omen or as a charm, such as Ejirotiof TLpuTriTL 'XyaOu Aai/tovi.^^ The form and fastenings of the door are described under Janua. This door, as we have seen, sonietimes opened outward ; but 1. (vi., 7, ed. Schneider.) — 2. (De Csede Eratosth., p. 12, 13. i-Compar6 Aristoph., Eccles., 961, and Thesmoph., 482.) — 3. iLyaias, c.^Siraon., p. 139. — Demosth., c. Euerg., p. 1155. — Xen., (Ebon., ix., 5. — Antiph., De Venef., p. 611.)— 4. (Soph., (Ed. Tyr., 1241-1262.)— 5. (Charikles, p. 184-5.)— 6. (Thucyd., ii., 3.) — 7. (Xen., Mem., iii., 1, ^ 7.— Demosth., ntpi Sui/raf., p. 175.)— 8. (Hutaioh, Comp. Aristot. et Cat., 4.)— 9. (Plut., Phoc, 18.)— 10. (Aristot., (Econ., ii., 1347, ed. Bekker.)— 11. (Herod., vi., 35.)— 12. (Heracl. Pont., Polit., 1.)— 13. (Thucyd., n., 27.-^riatoph., Pint., 1153.)— 14. (Plutarch, Frag. Vit. Crat. — t>ioy. Laert., vi ^ 50.J tkU\JSE. this seems to have been an exception to the genwa rule, as is proved by the expressions used for open ing, ivSovvai, and shutting it, imavdaaaSai an kips^Kvaaadai.^ The handles were called emaTtaa TTJpei. The house-door was called ai}i€iog or av^tt ■ivpa,' because it led to the aiX^. It gave admit tance to a narrow passage {^vpapelov, jtvIuv, iJupu») on one side of which, in a large house, were tlij stables, on the other the porter's lodge. The dujj of the porter (rJupwpof ) was to admit visiters, and to prevent anything improper from being carried into or out of the house.^ Plato* gives a lively piotura of an officious porter. The porter was attended % a dog.' Hence the phrase EvXa&slaBai ttjv Kvva,' corresponding to tlie Latin Gave canem. At the farther end of the passage Vitruvius places another door, which, however, does not seem gen erally to have existed. Plutarch', mentions the house-door as being visible from the peristyle.; From the •^vpapeiov we pass into the peristyle or court {irEpLariXtov, avlfi) of the Andronitis, which was a space open to the sky in the centre (iiro*. dpov), and surrounded on all four sides by porticoes {cToai), of which onOj probably that nearest the en- trance, was called itpoaToov.* These porticoes were used for exercise, and sometimes for dining in.' Here was commonly the altar on which sacrifices were offered to the household; gods,. but frequently portable altars were used for this purpose." Vitru- vius" says that the porticoes of the peristyle were of equal height, or else the one facing the south was built with loftier columns. This he calls a Rhodian peristyle. The object sought was to obtain as much sun in winter, and as much shade and air in summer, as possible.'" Round the peristyle were arranged the chamberu used by the men, such as banqueting-rooms (oimi, livSpSmeg), which were large enough to contain sev- eral sets of couches (rpiicTuvoi, ^irrdiAivoi; Tpiamtv TanXivoi), and at the same time to allow abundant room for attendants, musicians, and performers of games ;" parlours or sitting-rooms (h^iSpai), and smaller chambers and sleeping-rooms {Sajidna, m- TuvEc, o'iK'ij/iaTa) ; picture-galleries and libraries, and sometimes store-rooms ; and in the arrangement of these apartments, attention was paid to their as- pect.'* The peristyle of the Andronitis was connected with that of the Gynseoonitis by a door called fie- TavXoi, fiiaavXoi, or fieaavXiog, which was in the middle of the portico of the peristyle opposite to the entrance. Vitruvius applies the name p,iaavKoi: to a passage between the two peristyles, in which was the lieaavTiOQ &vpa. By means of this door, all com- munication between the Andronitis and Gynseconi- tis could be shut off. Its uses are mentioned by Xenophon, who calls it -dipa pakavaro^,^^ Its name, uiaav'koQ, is evidently derived from (Ueuoc, and means the door between the two av7i.ai or peristyles." The other name, iieravlog, is taken by some writers as merely the Attic form of fiiaavT^g." . But it should rather be deriyed from jieTo,, as being the door 4e- 1. (Plutarch, Pelop., 11.— Dio, 57.)— 2. (Pind., Nem., i., 1».- Harpocr., s. v.— Eustath. ad XL, xxii., 66.)— 3. (Aristot., (Econ., i., 6.)— 4. (Protag., p. 314.)— 5. (ApoUbd. ap. Athen., i., p. S.- Theocr., xv., 43.— Aristoph., Thesm., 416.— Id., Equit., 10S5.)- 6. (Aristoph., Lysistr., 1215.)— 7. (De Gen. Socr.,. c. 18.)-a (Plato, Protag., p. 314, 315.)— 9. (Pbllux, Onom., i.,, 78.— Plata, Symp., p. 212.— Id., Protag., p. 311.— Plutaroh, De Gen. Sooi,, 32.)— 10. (Plato, De Eepub., i., p. 328.)— II. (1. c.)— 12. (Xea, (Ebon., ix., 4. — Id., Mem., iii., 8, ^ 9.— Aristot., ffieon., i., 6.)— 13. (Vitruv., 1. c— Xen., Symp., i., 4, 1) 13.— Plutarch, Symp, v., 5, 4 2.— Aristoph., Eccles., 676.)— 14. (Vitruv., 1. c— LysiM, De CiEde Eratosth., p. 28.- Id., c. Eratosth., p. 389.-r^Aristopll., Ebblcs., 8, 14.— Pollux, Onom., i., 79.— Plato, Protag., p. 31* 316.)— 15. (CEcon., ix., 5.— Compare Plut., Arat., 26.)^16. (Sni das, s. V. MsffaiiXfOv. — M\.. Dion. ap. Eustath. ad II., xi., 54* -: Schol. Apoll. Ehod., iii., 335.)— 17. (Moer. Att., p 264> , HOUSE. HOUSE. hind or beyond the avk^, with respect to the effi«of Mpa.^ It should be observed, that in the house de- scribed by VitruviuS, if the Andronitis and Gynae- conitis lay side by side, the /ieaavXo; iJiipa would not be opposite to the entrance, but in one of the other sides of the peristyle. This door gave admittance to the peristyle of the 1.)— 3. (Pollux.— Suid.^Hesych. — Etymol. Mag. — Vitniv., 1. c.) — 4. (Xen.j 18. (Plato, Repub., vii., 5M.)— 19. (Becier, Chariklai,'!, "j' 166, &c.) ' SIR HOUSE. houses of the Romans were poor and mean for miiny centuries after the foundation of the city. Till the war with Pyrrhus, the houses were covered only with thatch or shingles,' and were usually built of wood or unbaked bricks. It was not till the later times of the Republic, when wealth had been acquired by conquests in the East, that houses of any splendour began to be built ; but it ther became the fashion not only to build houses of an i mmense size, but also to adorn them with colummi, paint- ings, statues, and costly works of art. M. Lepidus, who was consul B.C. 78, was the first who introduced Numidian marble into Rome for the purpose of paving thethreshold of his house ; but the fashion of building magnificent houses in- creased so rapidly, that the house of Lepidus, which in his consulship was the first in Rome, was, thir- ty-five years later, not the hundredth.' Lucullus especially surpassed all his contemporaries in the magnificence of his houses and the splendour of their decorations. Marble columns were first intro- duced into private houses by the orator L. Crassus, but they did not exceed twelve feet in height, and were only six in number.' He was, however, soon surpassed by M. Scaurus, who placed in his atriura columns of black marble, called Lucullean, thirty- eight feet high, and of such immense weight that the contractor of the sewers took security for any injury that might be done to the sewers in conse- quence of the columns being carried along the streets.' The Romans were exceedingly partial to marble for the decoration of their houses. IVIamurra, who was Caesar's praefectus fabrflm in Gaul, set the ex- ample of lining his room with slabs of marble.' Some idea may be formed of the size and magnifi- cence of the houses of the Roman nobles during the later times of the Republic by the price which they fetched. The consul Messalla bought the house of Autronius for 3700 sestertia (nearly 33,000/.), and Cicero the house of Crassus, on the Palatine, for 3500 sestertia (neariy 31,000Z.).» The house of Publius Clodius, whom Milo killed, cost 14,800 ses- tertia (about 131,000i.); and the Tusculan villa of Scaurus was fitted up with such magnificence, that when it was burned by his slaves, he lost 100,000 sestertia, upward of 885,G00Z.' The house-rent which persons in poor circumstances usually paid at Rome was abi/ut 2000 sesterces, between 17/. and 18/.' It was brought as a charge of extrava- gance against Cajlius that he paid 30 sestertia (about 266/.) for the rent of his house.' Houses were originally only one story high ; but as the value of ground increased in the city, they were built several stories in height, and the highest floors were usually inhabited by the poor." To guard against danger from the extreme height of houses, Augustus restricted the height of all new houses which were built by the side of the public roads to seventy feet." Till the time of Nero, the streets in Rome were narrow and irregular, and bore traces of the haste and confusion with which the city was built after it had been burned by the Gauls ; but after the great fire in the time of that emperor, by which two thirds of Rome were burn- ed to the ground, the city was built with great reg- ularity. The streets were made straight and broad ; the height of the houses was restricted, and a cer- tain part of each was required to be built of Gabian or Alban stone, which was proof against fire." I. (Plin., H. N., ivi., 15.)— 2. (111., xxxvi., 8, 24, « 4.)— 3. (Id., ivii., I.— i.J., xxxvi., 3.) — 4. (Id., xxxvi., 2.)— 5. (Id., xxxvi., 7.) —a. (Cic. ad *.«., i., 13.— Id., ad Fara., v., 6.)— 7. (Plin., H. N., mvi., 24.)- 8. (Suet., Jul., 38.)— 9. (Cic, Pro CceI., ".)— 10. (Cic, Agr., ii., 35. — Hor., Ep., I., i., 91.— Juv., Sat., iii,, 268, *e.— Id., I., 17.) — 11. (Stirab., v., p. 235.) — 12. (Tacit., Ann., IT., 43.— Suet., Ner., 38.) 61 A HOUSE. Our information respecting tho form ana arraiig* raent of a Roman house is principally derived from the description of Vitruvius, and the remains «f the houses which have been found at Pompeii. Many points, however, are still doubtful ; but, without en. tering into architectural details, we shall confine ourselves to those topics which serve to illustrate the classical writers. The chief rooms in the housf of a respectable Roman, though differing, of coursa, in size and splendour according to the circumstaii' ces of the owner, appear to have been usually ar- ranged in the Bame manner, while the others varied according to the taste and circumstances of the master. The principal parts of a Roman house were the, 1. Vestibulum; 2. Ostium; 3. Atrium or Camn Mdium ; 4. AliE ; 5. TaUinum ; 6. Fauces ; 7. Peri- stylium. The parts of a house which l/ere considgi?.;; ed of less importance, and of which the arrangement differed in different houses, were the, 1. Cwiica/aj. 8. Triclinia; 3. (Ed; 4. Exedra; 5. Pinacotheca;i. Bibliothcca ; 7. Balineum ; 8. Culina ; 9. CoenacUld j 10. Diceta; 11. Solaria. We shall speak of each in order. 1. Vestibultim. The vestibulum did not prop, eriy form part of the house, but was a vacant space before the door, forming a court, which was sur. rounded on three sides by the house, and was open on the fourth to the street. The two sides of the house joined the street, but the middle part nf it, where the door was placed, was at some little dis- tance from the street.' Hence Plautus' says, ' Vi- den' vestibulum ante cedes hoc et ambulacrum quoim- . modi ?" ' 2. Ostium. The ostium, which is also called janua and fores, was the entrance to the honsa The street-door admitted into a hall, to which the name of ostium was also given, and in which there was frequently a small room {cella) for the porter (janitor or ostiarius), and also for a dog, which was usually kept in the hall to guard the house. A full account of this part of the house is given under Jan- ua. Another door (janua interior) opposite the street-door led into the atrium. 3. Atkium or Cavhm jEdium, as it is written by Varro and Vitruvius ; Pliny writes it Cavaiium. Hirt, Miiller,' Marini, and most modern writers, consider the Atrium and Cavum .iEdium to be the same ; but Newton, Stratico, and, more recently, Becker,* maintain that they were distinct rooms. It is impossible to pronounce a decisive opinion on the subject ; but from the statements of Varro' and Vitruvius,' taken in connexion with the fact that no houses in Pompeii have been yet discovered which contain both an Atrium and Cavum jEdium, it is most probable that they were the same. The elv- mology of Atrium is mentioned under that head. The Atrium or Cavum .iEdium was a large apart- ment, roofed over with the exception of an opening in the centre, called compluvium, towards which the roof sloped so as to throw the rain-water into a cis- tern in the floor, termed impluvium,'' which was fre- quently ornamented with statues, columns, and oth- er works of art.' The word impluvium, however, is also employed to denote the aperture in the roof.' Schneider, in his commentary on Vitruvius, suppo- ses cavum sedium to mean the whole of this apart- ment, including the impluvium, while atrium signi- fied only the covered part, exclusive of the impluvi- um. Mazois, on the contrary, maintains that atri- um is applied to the whole apartment, and cavuin ffidium only to the uncovered part. The breadth of 1. (Gell., xvi., 5. — Macrob., Sat., vi., 8.)— 2. (M'Mlell., UI., d., 132.)— 3. (Etrusker, i., p. 255.)— 4. (Gnllus, i., p. 77, *c.)- 5. (De Ling. Lat., v., 161, MuUer.)— «. (v , 3, 4, od. Bipont )- 7. (Varro, f. c. — Festus, s, v. Implavinm.)- ». (Cic, c. Ven., fl i., 23, 56.)- 9. (Ter., Eun., III., v., 41.) HOUSE. HOUSE. tlUj faftpluvium, according to Vitruvius,' was not less than a quarter, nor greater than a third of the breadth of the atrium ; its length was In the same proportion according to the length of the atrium. Vitruvius' distinguishes five kinds of atria or cava sBdium, which were called by the following names : (1.) Tuscanicum. In this the roof was supported bf four beams, crossing each other at right angles, Uie included space forming the compluvium. This kind of atrium was probably the most ancient of all, as it is more simple than the others, and is not adapted for a very large building. (2.) Tetrastylum. This was of the same form as the preceding, except that the main beams of the roof were supported by pillars placed at the four angles of the impluvium. (3.) Corin As these floors were beaten down {pavita) with rammers (fistuca), the word pavimentum became the general name lor a floor. The kind of pavement called scalpturatum was first introduced in the Temple of Jupiter Capit- Li., 1.)— 3. (Plin,, I. (Stat., Sylv., I., T., 57.)— S. (Vitrny., ' H. N., xay., «.) fit 9 HOUSE HOUSE. oUnus after the beginning of the third Punic war, but became quite common in Rome before the begin- ning of the Cimbric war.' Mosaics, called by Pliny iishostrota (KiOdarpura), though this word has a IT ire extensive meaning, first came into use in Sul- la's time, who made one in the Temple of Fortune at Prseneste.' Mosaic work was afterward called fkuaimm, op'M.' The floors of the houses at Pom- 5^»S^ m peii are frequently composed of mosaics, which are usually formed of black frets on a white ground, or white ones on a black ground, though some of them are in coloured marbles. The materials of which they are generally formed are small pieces of red and white marble and red tile, set in a very fine cement, and laid upon a deep bed of mortar, which served as a base. The three examples here given, which are taken from houses at Pompeii, will con- vey a general idea of their form and appearance. Mosaic pavements, however, have been discover- ed at Pompeii, which represent figures and scenes of actual life, and are, in reality, pictures in mosaic. One of the most beautiful of these is given in its I. (Plin., H. N., jTtivi., 61.)— 2. (Id., xxxvi., 64.)— 3. (Spar- iiin., Po803n. Nig., 6.— Trebell. Polllo, Trjgint. Tyiwa., Hi.— Mgat'ia , De Civ. Dei, xvl,, 8.) 580 original colours In Gell's Pompeiana, M series, plate xlv. It IS composed of very fine pieces of glass, and represents the choragus, or master of the chorus, instructing the actors in their parts. A still more extraordinary mosaic painting was dig. covered in Pompeii in 1831 : it is supposed to rep resent the battle of Issus.' (2.) The inner walls (parietes) of private roonu were frequently lined with slabs of marble,' but were more usually covered by paintings, which io the time of Augustus were made upon the walb themselves. The prevalence of this practice is at- tested not only by Pliny,' but also by the circum. stance that even the small houses in Pompeii have paintings upon their walls. The following wooden^ which represents the side of a wall at Pompeii, is one of the simplest but most common kind. The compartments are usually filled with figures. The general appeararice of the walls may be seen from the woodcuts at p. 462, 518. Subjects of all kinds were chosen for painting on the walls, as may be seen by a reference to the Museo Borbonioo, Gell, Mazois, &c.* The colours seem usually to have been laid upon a dry ground, but were some- times laid upon it wet, as in the modern fresco painting {colores udo tectorio inducere^). The walls also appear to have been sometimes ornamented with raised figures, or a species of bas-relief {typos in tectorio atrioli includere'), and sometimes with mosaics.' (3.) The ceilings seem originally to have been left uncovered, the beams which supported the roof or the upper story being visible. Afterward planka were placed across these beams at certain intervals, leaving hollow spaces, called lacunaria or laguearid, which were frequently covered with gold and ivory, and sometimes with paintings." There was an arched ceiling in common use, called Camaka, which is described in a separate article. (4.) The Roman houses had few windows {fenes- tra). The principal apartments, the atrium, peri- style, &c., were lighted, as we have seen, from above, and the cubicula and other small rooms generally derived their light from them, and not from windows looking into the street. The rooms only on the upper story seem to have been usually lighted by windows.' Very few houses in Pompeii have windows on the ground-floor opening into the street, though there is an exception to this in the house of the tragic poet, which has six windows on the ground-floor. Even in this case, however, the windows are not near the ground as in a moderD house, but are six feet six inches above the foot- pavement, which is raised one foot seven inches above the centre of the street. The windows ara small, being hardly three feet by two ; and at tha side there is a wooden frame, in which the window or shutter might be moved backward or forward, 1. (Museo Borbonioo, viii., t. 36-45.)— 2. (Plin., H. N., xllri^ 7.)— 3. (H. N., iixv., 37.)— 4. (Compare Vitruir., vii., S.)— J (Vitruir., vii., 3.)— 6. (Cio. ad Att., i., 10.)— 7. (Plin., H. N, XMvi., 64.)— 8, (Hor., Carm., ii., 18 Plin., H. N., xiiiii., li —Sen., Ep., 90,— .Suet., Nev,, 31,)— 9. (Juv,, iii,, 870 f HOOSE. The lower part of the wall is occupied by a row of red panels four feet and a half high. The following woodcut represents part of the wall, with apertures for windows above it, as it appears from the street. The tiling upon the wall is modern, and is only pbiccd there to preserve it from the weather. The windows appear originally to have been merely openings in the wall, closed by means of shutters, which frequently had two leaves {bifores fenestra^), whence Ovid' says, " Pars adaperta fuit, pars altera clausa feneslrce." They are, for this reason, said to be joined when Ihey are shut." Windows were also sometimes covered by a liind of lattice or trellis-work {dalhri), and sometimes by network, to prevent serpents and other noxious reptiles from getting in.* Afterward, however, windows were made of a transparent stone, called lapis specularis (mica), which was first found in Hispania Citerior, and af- terward in Cyprus, Cappadocia, Sicily, and Africa ; out the best came from Spain and Cappadocia. It was easily split into the thinnest laminee, but no pieces had been discovered, says Pliny, above five feet long.' Windows made of this stone were called tpecularia.' Windows made of glass (mtrum) are first mentioned by Lactantius,' but the discoveries at Pompeii prove that glass was used for windows jmder the early emperors, as frames of glass and glass windows have been found in several of the bouses. (5.) The rooms were heated in winter in different ways; but the Romans had no stoves like ours. The cubicula, triclinia, and other rooms, which were intended for winter use, were built in that part of the house upon which the sun shone most ; and in the mild climate of Italy th is frequently enabled them to dispense with any artificial mode of warming the rooms. Rooms exposed to the sun in this way were sometimes called hdiocamini.' The rooms were sometimes heated by hot air, which was in- troduced by means of pipes from a furnace below,' but more frequently by portable furnaces or braziers (foculi), in which coal or charcoal was burned. ( Vid. woodcuts, p. 148, 447.) The caminus was also a kind of stove, in which wood appears to have been usually burned, and probably only differed from the foculus in being larger and fixed to one place.'" It has been a subject of much dispute among mod- ern writers, whether the Romans had chimneys for carrying off the smoke. From many passages in ancient writers, it certainly appears that rooms usu- ally had no chimneys, hut that the smoke escaped through the windows, doors, and openings in the roof;" but chimneys do not appear to have been entirely unknown to the ancients," as some are I. (Ovid, Ep. ei Pont., III., iii., 5.1—2. CAmor., I., v., 3.)— 3. fflor., Carm., ii., 25.)^J. (Plaut., Mil., II., iv., 25.— Tarro, De Xe Rust., iii., 7.)— 5. (Plin., H. N., ixivi., 45.)— 6. (Sen., Ep., JO.— Plin., Ep., ii., J7,— Mart., viii., 14.)— 7. (De Opif. Dei, 8.) -9. (PUn., Ep.,ii,17— Dig. 8, tit. 2,8. 17.)— 9. (Plin., Ep., It, 17.— Sen., Ep., 90.)— 10. (Suet., Vitell., 8.— Hor., Sat., I„ r.,81.)— 11. (Vitruv.,vii.,3.— Hor.,l.c.— VoM ad Virs , Gecrg., U, 848.)- 13. (Deckel's Galltts, i,, ji. lOJ ) | U ir II nYACINTHIA. said to have been found in the ruins of ancnev buildings.' HYACI'NTHIA Craxivdia), a gi'eat national fes tival, celebrated every year at Amyclae by the Amy cliEans and Spartans. The ancient writers wh( mention this festival do not agree in the name of the divinity in whose honour it was held: some say that it was the Amyclaean or the Carnean Apol. lo ; others, that it was the Amyclaean hero Hyacio thus ; a third and more probable statement assigns the festival to the Amycleean Apollo and Hyacinthus together. This Amyclaean Apollo, however, with whom Hyacinthus was assimilated in later times, must not be confounded with Apollo, the naitional divinity of the Dorians." The festival was called after the youthful hero Hyacinthus, who evidently derived his name from the flower Hyacinth (the emblem of death among the ancient Greeks), and whom Apollo accidentally struck dead with a quoit. The Hyacinthia lasted for three days, and began on the longest day of the Spartan month Hecatom- beus (the Attic Hecatombaeon^), at the time when the tender flowers, oppressed by the heat of the sun, drooped their languid heads. On the first and last day of the Hyacinthia sacrifices were offered to the dead, and the death of Hyacinthus was la- mented. During these two days nobody wore any garlands at the repasts, nor took bread, but only cakes and similar things, and no paeans were sung in praise of Apollo , and when the solemn repasts were over, everybody went home in the greatest quiet and order. This serious and melancholy character was foreign to all the other festivals of Apollo. The second day, however, was wholly spent in public rejoicings and amusements. Amy- clffi was visited by numbers of strangers {nav^yvpif (ifio/loT'Of Kal fieyulii), and boys played the cithari or sang to the accompaniment of the flute, and ceH ebrated in anapsestic metres the praise of Apollo, while others, in splendid attire, performed a horse- race in the theatre. This horserace is probably the liyCiv mentioned by Strabo.* After this race there followed a number of choruses of youths, conducted by a ;i;opo7roiof,' in which some of their national songs {kinx'^pi-a voir/fiaTa) were sung. During the songs of these choruses, dancers performed some of the ancient and simple movements with the ac- companiment of the flute and the song. The Spar- tan and Amyclaean maidens, after this, riding in chariots made of wicker-work {xdvaSpa), and splen- didly adorned, performed a beautiful procession. Numerous sacrifices were also offered on this day, and the citizens kept open house for their friends and relatives ; and even slaves were allowed to en- joy themselves." One of the favourite meals on this occasion was called Kom(, and is described by Molpis' as consisting of cake, bread, meat, raw herbs, broth, figs, desert, and the seeds of lupine. Some ancient writers, when speaking of the Hya- cinthia, apply to the whole festival such epithets as can only be used in regard to the second day ; for instance, when they call it a merry or joyful sdem- nity. Macrobius' states that the Amyclaeans wore chaplets of ivy at the Hyacinthia, which can only be true if it be understood of tJie second day. The incorrectness of these writers is, however, in some degree, excused by the fact that the second day formed the principal part of the festive season, as appears from the description of Didymus, and as 1. (Winckelmahn, Schrlften iiber die HercuJanisclien Ent deckungen.— Hirt, (jeschichte der Baukunst.— Mazoie, Lea Ru ines da Pompeii, part ii., Le Palais de Scaurus. — Gell, Pompei- ana.— Pomp6i, Lond., 12rao, 1832.— Becker, G alius.— Schnei- der ad VitruT.)— 2. (Mailer, Orchom., p. 32".— Id., Dor., ii., 8, ^ 15.) — 3. (Heaych., 8. v. 'KKarofiSEvs, — Manso, Sparta, iii., 3, p. 801.)— 4. (vi., p. 278.)— 5. (Xen., Agesil., ii., 17.)— fi. (Didv' muB 8p, Athen., ir,, p. 139.)— 7. (a». A'hen., iv., p. 140 '.-.• (Slturn., i., 18.) 621 HYBREOS GRAPHE. jnay also be inferred from Xenophon,' who makes the paean the principal part of the Hyacinthia. The great importance attached to this festival by the Amyclaeans and Lacedaemonians is seen from the fact that the Amyclseans, even when they had ta- ken the field against an enemy, always returned home on the approach of the season of the Hya- cinthia, that they might not he obliged to neg- lect its aelebration," and that the Lacedaemonians on one occasion concluded a truce of forty days With thu town of Eira, merely to be able to return home and celebrate the national festival ;' and that, in a treaty witn Sparta, B.C. 421, the Athenians, in order to show their good-will towards Sparta, prom- ised every year to attend the celebration of the Hyacinthia.* *HYACINTHl/S (iuKivSof), a plant. " The vd- KivBog of the poetb," observes Adams, " would seem in some places to be referable to the Gladiolus com- munis, and in others to the Delphinium Ajacis, or Larkspur. Matthiolus and Sprengel concur in hold- ing the iiMivdoi; of Dioscorides to be the Hyar.in- thus Orientalis. The ' Vaccinia' of Virgil was most probably the Delphijiium ajacis. The ypavTa vukiv- tiog of Theocritus was no doubt the same.'" n. A precious stone, about which considerable doubt prevails. De Laet thinks it was some species of Amethyst.' Sah/iasius, on the other hand, sup- poses it to have been our Ruby, which the Persians and Arabians still call Yacut, a name derived from iaKivdog. "This name, however," observes Dr. Moore, " may have been used with as little discrim- ination as that of ruby is at present, to designate several very difFereut minerals, and among them may be some that are still called Hyacinth ; as sev- eral varieties of zircon, and the Hyacinth of Cora- postella, a red ferruginous quartz. Jameson enu- merates several different minerals besides zircon to which the name Hyacinth has been applied ; and be appears to think that the ancient Hyacinth was sither amethyst or sapphire.'" ♦HYALOEIDES (^ialoeiSiji), a precious stone. Sir J. Hill remarks, that it had been supposed to be the Asteria, the Iris, the Lapis specularis, and the Diamond. All that he can determine respecting it is, that it is the Astrios of Pliny. {Vid. Asteios.)^ ♦HYALUS (iaXog) Glass. ( Vid. Viteum.) 'TBPKS2S rPA*H (Mpeac: ypa<^). This action was the principal remedy prescribed by the Attic law for wanton and contumelious injury to the person, whether in the nature of indecent (di al&xpovpylag) or other assaults {Sia •irlriyCiv): If the offence were of the former kind, it would always be available when the sufferer was a minor of either sex (for the consent of the infant was immaterial), or when an adult female was forcibly violated : and this pro- tection was extended to all conditions of life, wheth- er bond or free." The legal representative (xvpLog), however, of such person might, if he pleased, con- Bider the injury as a private rather than a public wrong, and sue for c images in a civil action. ( Vid. BIAIQN AIKH.) ^'^ ith respect to common assaults, a prosecution of this kind seems to have been al- lowable only when the object of a wanton attack was a free person," as the essence of the offence lay in its contumely, and a slave could incur no degradation by receiving a blow, though the injury, if slight, might entitle the master to recover dam- ages for the battery {ahta), or, if serious, for the loss of his services (vid. BAABH2 AIKH), in a pri- 1. (Xen., Hellen., iv., 5, I) 11.— Compare Agesil., 2, 17.)— 2. (Xen., Hellen., Iv., 5, 1) 11.— Pans., iii., 10, 1) 1,)— 3. (Pans., iv., 19,* 3.)— 4. (Thucvd., v., 23.)— 5. (ll.,xiv., 318.— Theocrit., Id., I. — Theopiirast., S. P., vi., 8. — Dioscor., iv., 63. — Adams, Ap- pend., s. V.) — 6. (Adams, Append., s. v.) — 7. (Mt H (iTToSoA^f ypa^ri). Of thil action we learn from the Lex. Rhet. that it was on( of the many institutions calculated to preserve th« purity of Attic descent, and preferred against per sons suspected of having been supposititious chil dren. If this fact was established at the trial, th( pretended citizen was reduced to slavery, and hi( property confiscated. 1. (Dioacor., iv., 69. — Adams, Append., s. v.) — 2. (Thucvd. vi.. 31, with GSUer's note.— Demosth., c. PolycL, p. 1214, 1218 iSso — Polyb., v., 109.) — 3. (Pollux, Onom., i., 1, 16. — Id. ib. viii., 10.) — 4. (Clitarchns ap. Athen., vi., p. 267. — Compare Pol, lux, vii., 8, 2.— Hesych., s. v.)— 5. (BSclih, Staatsh., i., p. 293 — Xen., Cyrop., ii., 1, 31.) — 6. (Polit., vi.; 5.)— 7. (Polhu Onom., vi., 31.)— 8. (Poht., iv., 12.)— 9. (Dioscor., iii,, 161.) • ' .523 HVSTRIX. HYPOCAUSTUM. {Vid. Baths, p. 151.) HYPODEMA. (Firf. Calceds.) HYPOGE'UM. (Vid. Conditoeium.) •HYPOGLOSSON (vmy^aaaov), a plant, the Ruscus hypoglossum, according to Matthiolus and Sprengel.' HYPOGRAMMATEUS. {Vid. Grammateds.) *HYPOLA'JS (iiroXoif), a bird mentioned by Ar- istotle, and the name of which Gaza translates into Latin by Curuca. Gesner inclines to the opinion tiiat it is the Titlark, or Anthus pratensis, Bechstein.' HYPOMOSIA. {Vid. Diaitetai, p. 354; Dice, p 358.) HYPORCHE'MA (inzApxviia) was a lively kind of mimic dance which accompanied the songs used in the worship of Apollo, especially among the Dorians. It was performed by men and women.' A chorus of singers at the festivals of Apollo usually danced around the altar, while several other persons were appointed to accompany the action of the song with an appropriate mimic performance (vnopxelaOai). The hyporchema was thus a lyric dance, and often passed into the playful and comic, whence Athehae- u.s' compares it with the cordax of comedy. It had, according to the supposition of Miiller, like all the music and poetry of the Dorians, originated in Crete, but was at an early period introduced in the island of Delos, where it seems to bave continued to be performed down to the time of Lucian." A similar kind of dance was the yepavoQ, which The- seus, on his return from Crete, was said to have performed in Delos, and which was customary in this island as late as ihe time of Plutarch.' The leader of this dance was called ■yepavovTixdc.'' It was performed with blows, and with various turn- ings and windings {kv /ivB/iu •KepiM^uQ koI uveki^ti^ IXovTi), and was said to be an imitation of the wind- ings of the Cretan labyrinth. When the chorus was et rest, it formed a semicircle, with leaders at the two wings.' The poems or songs which were accompanied by the hyporchem were likewise called hyporchemata. The first poet to whom such poems are ascribed was Thaletas ; their character must have been in accordance with the playfulness of the dance which bore the same name, and by which they were ac- companied. The fragments of the hyporchemata of Pindar confirm this supposition, for their rhythms are peculiarly light, and have a very imitative and graphic character.' These characteristics must have existed in a much higher degree in the hypor- chematic songs of Thaletas." HYPOTHE'CA. {Vid. Pignus.) HYPOTHECARIA ACTIO. {Vid. Pignus.) HYPOTIME'SIS. {Vid. C-&SSVS.) *HYS (if). {Vid. Sds.) *HYSSO'PUS («<7 a Door. Besides being applica, ble to the doors of apartments in the interior of g house, which were properly called ostia,' this term more espeeially denoted the' first entrance into tin house, i. c, the front or street door, which was alfio called anticvm,' and in Greek ^ipa avleio;, aihia, aw/lioc, or avTiia.* The houses of the Romans com- monly had a back door, called posticum, postica, or poslicula,' and in Greek irapuBvpa, dim. napadipim. Cicero' also calls it pseudothyron, " the false door," in contradistinction to janua, the front door j and, because it often led into the garden of the house,' it was called the garden-door {rrijraia'). The doorway, when complete, consisted of foui indispensable parts ; the threshold or sill ; the lin- tel ; and the two jambs. The threshold {limen, ftriMg., ovSaf) was the ob- ject of superstitious reverence, and it was thought unfortunate to tread on it with the left foot. On this account, the steps leading into a temple were of an uneven number, because the worshipper, aftei placing his right foot on the bottom step, would then place the same foot on the threshold also.' Of this an example is presented in the woodcut, p, 61. The lintel {jugumenlum,'-'' supercilium") was also called limen," and more specifically limen supenm, to distinguish it from the sill, which was called li- men inferum." Being designed to suppoit a super- incumbent weight, it was generally a single piece, either of wood or stone. Hence those lintels which still remain in ancient buildings astonish us by their great length. In large and splendid edifices, the jambs or door-posts {postes, araOfioi) were made to converge towards the top, according to certain rules which are given by Vitruvius." In describing the construction of temples, he calls them antepagmmta, the propriety of which term may be understood from the ground-plan of the door at p. 215, where the hinges are seen to be behind the jambs. This plan may also serve to show what Theocritus means by the hollow door-posts {aradfiu, KotXa iJupouv"). In the Augustan age it was fashionable to inlay the posts with tortoise-shell." Although the jamb was sometimes nearly twice the length of the lintel, it was made of a single stone, even in the largest edi- fices. A very striking effect was produced by the height of these doorways, as well as by their costly decorations, beautiful materials, and tasteful proper tions. The door in the front of a temple, as it reached nearly to the ceiling, allowed the worshippers to view from without the entire statue of the divinity, and to observe the rites performed before it. Also, the whole light of the building was commonly ad- 1. (Dioscor., iv., 130. — Adams, s. v.) — 2. (Aristot., H. A., vi., y.— Adams, Append., s. v.)— 3. (Athen., xiv., p. 631.) — 4. (xiv., p. *30.)— 5. (Athen., i., p. 13.— Lucian, De Saltat., 16, — Com- pare MaUer, Dor., ii., 8, « 14,) — 6. (Thes., 21.) — 7. (Hesych., ». r.)—S. (Pollux, Onora., iv., 101.)— 9. (Biickh, De Metr.Pind., S. 201, *ri, and p. 270.) — 10. (Muller, Hist, of Gr. Lit., i., p. 3, &c , compared with p. XPO.) — II. (Dioscor., iii., 37, — Adams, Append,, s. v.) 524 1. (Aristot., H. A.,viii., 19.— Oppian, Cyneg., iii., 391.— Ad ams. Append., a. v.) — 2. (Isid., Orig., xv., 7. — Virg., .^n., vi,, 43, 81,)— 3. (Festus, s. v,)— 4, (Od., xxiii., 49,— Find,, Nem,. i,, 19,— Menand,, p, 87, ed. Mein.— Harpocrat., s. v. — Theoplir,, Char,, 18,— Theocrit., xv., 43.— Charit., i., 2.— Ilorodian, ii., 1.) —5. (Feetus. s.v,— Hor,, Kpist,, I,, v., 31,— Apul,, Met,, ii.,9.-- Plaut,, Most,, III,, iii., 27,— Suet., Claud , 18 )— 6, (Post, Bed, 6.)— 7. (Plaut., Stich., III., i., 40-44.)— 8. (Hermipp. ap. Athen. IV., 6.)— 9. (Vilruv., iii., 4.)— 10. (Cato, De Ro Rust., 14.)— 11 (Vitruv., iv., 6.) -12. (Juv., vi., 2S7.)— 13. (Plaut., Mere-iV, i., 1.)— 14 (1. c,)-15, (Idyll,, xxiv,, 15,)— 16, (Virg, 0«o)g„tt« 463,) JAMITA. JANUA ffliKed through the same aperture. These circum- stances are illastrated in the accompanying wood- cut, showing the front of a small Temple of Jupiter, taken from a bas-relief The term anlepagmentum, which has been already explained, and which was applied to the lintel as well as the jambs {antepag- mcntum superius'), implies that the doors opened in- ward. This is clearly seen in the same woodcut, and is found to be the construction of all ancient buildings at Pompeii and other places. In some of these buildings, as, for example, in that called "the bouse of the tragic poet," even the marble thresh- old rises about an inch higher than the bottom of the door,' so that the whole frame of the door was in every part behind the door-case. After the time of Hippias, the street-doors were not permitted to open outwardly at Athens,* and hence hSoivai meant to open the door on coming in, and eTrtaira- saadai or i^skiciaaadai to shut it on going out. In a single instance only were the doors allowed to open outwardly at Rome ; an exception was made as a special privilege in honour of Marcus Valerius.' The lintel of the oblong door-case was, in all large and splendid buildings, such as the great temples, surmounted either by an architrave and cornice, or by a cornice only. As this is not shown in the bas- relief above introduced, an actual doorway, viz., that of the Temple of Hercules at Cora, is here added. Above the lintel is an architrave, with a Latin inscription upon it, and above this a project- ing cornice, supported on each side by a console, which reaches to a level with the bottom of the lintel. The top of the cornice {corona summa') co- incided in height with the tops of the capitals of the columns of the pronaos, so that the doorway, with its superstructure, was exactly equal in height to the columns and the Ant.*. This superstruction was the kjperlhymm of Vitruvhis,' and of the Greek x^chitects whom he followed. The next woodcut »hows one of the two consoles which support the cornice of a beautiful Ionic doorway in the Temple of Minerva Polias at Athens. In the inscription re- lating to the building of that temple, which is now in the Elgin collection of the British Museum, the object here dehneated is called oig tu virepBuptj). Other Greek names for it, used by Vitruvius,* are I. (Mon. Matt., V., iii., Tab. 39.)— 2. (Vitruv., iv., 6, I.)— 3. (Goll*s Pompeiana, 2d ser., i., p. 144.)— 4. (Beclcer, Charikles, L, p. 189, 200.)— 5. (Plut., Poplic— Schneider in VitruT., iv., 6, «.)-6. (VitrUT. iv., 6, 1.)— 7. (1. c.)— 8. (iv., 6, 4.) parotis and ancon, literally a "side-ear" and "an elbow." The use of consoles, or trusses, in this situation, was characteristic of the Ionic style of architecture, being never admitted in the Doric. It is to be observed that Homer,' Hesiod,' and He- rodotus" use the term impBvpov, or its diminutive i-ircpdvpiov, to include the lintel. Upon some part of the hyperthyrum there was often an inscription, recording the date and occasion of the erection, as in the case of the Temple of Hercules above repre- sented, or else merely expressing a moral senti- ment, like the celebrated " Know thyself" upon the temple at Delphi. The door itself was called foris or valva, and in Greek aavl;, KKiaia^, or SipsTpov. These words are commonly found in the plural, because the door- way of every building of the least importance con- tained two doors folding together, as in all the in- stances already referred to. When foris is used in the singular, we may observe that it denotes one of the folding doors only, as in the phrase /om crepuit, which occurs repeatedly in Plautus, and describes the creaking of a single valve, opened alone and turning on its pivots. Even the internal doors o{ houses were bivalve ;' hence we read of " the fold- ing-doors of a bedchamber" (/ores cubwuli;' cav(- Se( ei apapvTai ;' Tri/lat tfin-Xaj'). But in every ease each of the two valves was wide enough to allow persons to pass through without opening the other valve also. Even each valve was sometimes dou- ble, so as to fold like our window-shutters {duplicen complicabilcsque'). The mode of attaching doors to the doorway is explained under the article Cardo. The remaining specimens of ancient doors are a!! of marble or of bronze ; those made of wood, which was by far the most common material, have perish- ed. The door of a tomb at Pompeii' is made of a single piece of marble, including the pivots, whici, were encased in bronze, and turned in sockets o» the same metal. It is 3 feet high, 2 feet 9 inches wide, 4i inches thick. It is cut in front to resem ble panels, and thus to approach nearer to the ap pearance of a common wooden door, and it war fastened by a lock, traces of which remain. The beautifully-wrought tombs of Asia Minor (see p. 457) and other Eastern countries have stone doors, made either to turn on pivots or to slide sidewayi 1. (Oa., vii., 90,)— 2. (Sout., 271.)— 3. (i., 179.)^. {Gell'i, Pompeiana, 2d »er., i., p. 166.)— 5. (Snet., Octav., 132.— Q. Curt- T., 6.)— 6. (Horn., Od., xxiii., 42.)— 7. (Soph., CEd. Tyr., IMH.j —8. (Isid., Orig., IT., 7.)— 9. (Mazois, Ruines de Fompiii, toa i., pi. xii., fig. 4.) 625 JANUA. JANUA. In grooves. Doors of bronze are often mentioned by ancient writers.* The doors of a supposed tem- ple of Remus, still existing at Rome, and now oc- cupied as a Christian church, are of this material. Mr. Donaldson" has represented them as filling up Ihe lower part of the doorway of the temple at Co- ra, as shown in the last woodcut, which is taken from him. The four panels are surrounded by rows of small circles, marking the spots on which were 6xed rosettes or bosses, similar to those which are described and figured in the article Bulla, and which served both to strengthen and to adorn the doors. The leaves of the doors were sometimes overlaid with gold, as in the Temple of Solomon at Jerusalem ,^ at other times they were enriched with Ihe most exquisite carving.* Those in the Temple i)f Minerva at Syracuse are said by Cicero" to have exceeded all others in the curious and beautiful workmanship executed upon them in gold and ivory. "It is incredible," says he, "how many Greeks have left writings descriptive of the elegance of these valves " One of the ornaments was " a most beautiful Gorgon's head, with tresses of snakes," probably occupying the centre of a panel. In addi- tion to the sculptures upon the valves themselves, the finest statues were sometimes placed beside them, probably at the base of the antepagmenta, as in the magnificent Temple of Juno in Samos.' Iji the fancied palace of Alcinous,' the door-case, which was of silver, with a threshold of bronze, included folding- doors of gold ; while dogs, wrought in gold and silver, guarded the approach, probably disposed like the avenue of sphinxes before an Egyptian tem- ple. As luxury advanced among the Romans, metal took the place of wood, even in the doors of the interior of a house. Hence the quaestor Sp. Carvilius reproved Camillas for having his cham- t>er doors covered with bronze (arata ostia'). A lattice-work is to be observed above the bronze floors in the last woodcut, Mr. Donaldson having Jatroduced it on the authority more especially of the Pantheon at Rome, where the upper part of the doorway ia filled with a window such as that here represented. Tr'truvius' calls it the hypmtrum, and his language impiiei ;iJS; "; -*"i3 commonly used in temples. The folding-doors exhibited in the last woodcut, instead of a rebate such as we employ, have an up- right bronze pilaster standing in the middle of the doorway, so as to cover the joining of the valves. The fastenings of the door (claustra ,•"" obiccs) com- monly consisted in a bolt {pessulus ; /idvSa7i,o(, icaro- Xevg, K?iEtBpov, Alt. K^dpov") placed at the base of each foris, so as to admit of being pushed into a socket made in the sill to receive it {nvd/jrjv'-'). The Pompeian doorways show two holes corresponding to the bolts of the two fores ;" and they agree with numerous passages which mention in the plural number " the bolts," or " both the bolts" of a door." The annexed woodcut shows an ancient bolt pre- served in the Museum at Naples." By night the front door of the house was farther secured by means of a wooden and sometimes an iron bar {sera, repagula, fioxf^og) placed across it, nnd inserted into sockets on each side of the door- way." Hence it was necessary to remove the bar (roj> fioxf^nv irapa^epeiv) in order to open the door 1 (Herod., i., 179.— Plin., H. N., xxriv., 7.)— 2. (Collection af DoDi-ways from Ancient Buildings, London, 1833, pi. 21.)-- S. (I Kings, Ti., 32-35.)— 4. (Ovid, Met., viii., 705.— Virg., Georg., iii., S6.— Id., JEa., vi., 20-33.)— 5. (Verr., U., iv., 56.)— 6. (Cic, Verr., II., i., 23.)— 7. (Od., vii., 83-94.)— 8. (Plin.,1. o.)— 9. (it., 8, 1.1-10. (Ovid, .\mor., I., vi., 17.)— 11. (Soph., (Ed. Tyr., 1262, 1287, 129*.)— IS. (Soph., (Ed., Tyr., 1261.) — 13. (Gell, Pompeiana, 2d ser., i., p. lSl.)—Ui ifPlaut., Aiil., I., ii., 26.— Cure, I., ii., 60-70.— Soph., 11. cc— CaUim. in ApoU., 6.)— 15. (Mazois, Raines de Porap6i, t. i., partie. 2, pi. vii.) — 16. (Fentus, • V Adserore. — Ovid, Amor., i., 6, 24-58.) 526 {reaerare)} Even chamber doors were secured lu the same manner" {cuUculi obseraiis foribus') ; aud here also, in case of need, the bar was employed aa a farther security, in addition to the two bolts («Xj- 6pa avfiitepaivovTei iiox^oii*). To fasten the door with the bolt was januee pessulum obdere, with the bar januam obserare.^ At Athens a jealous husbanii sometimes even proceeded to seal the door of the women's apartment." The door of a bedchamber was sometimes covered with a curtain. (Fii. Vi- LUM.) In the Odyssey,' we find mention of a contrivanee for bolting or unbolting a door from the outside, which consisted in a leathern thong (i/i«f) inserted through a hole in the door, and by means of a loop, ring, or hook ((cAeifi I'Mk), which was the origiQ of keys, capable of laying hold of the bolt so as to move it in the manner required. The bolt, by the progress of improvement, was transformed into a lock, and the keys found at Herculaneum and Pom- peii {vid. Clavis), and those attached to rings," prove that among the polished Greeks and Romans the art of the locksmith (/cAEjtfoTrojiif) approached very nearly to its present state.' ■The door represented in the first woodcut to this article has a ring upon each valve, which was used to shut the door, and therefore called the imarraaTyp. Herodotus" tells a story of a captive who, having escaped to a temple of Ceres, clung to the rings on the doors with both his hands. This appendage to the door, which was sometimes gilt and very hand- some, was also called, on account' of its form, spi- /tof and Kopavri, i. e., a " circle" or " crown ;"" and, because it was used sometimes as a knocker, it was called f>6TZTpov." The term Kopa^, " a crow,"" prob- ably denoted a knocker more nearly approaching the form of that bird, or, perhaps, of its neck and head. The lowest figure in the last woodcut shows a richly-ornamented epispaster from the collection at Naples. That with a lion's head is taken from a bas-relief, representing the doors of a temple, a the collection at Ince-Blundell, near Liverpool. TIa third figure is from the Neapolitan Museum. Before the door of a palace, or of any privati 1. (Theophrast.y Char., 18. — Plntarch, Pelop., p. 617, ei Steph.— Plant., Cist„ iii., 18.— Ovid, Met., v., 120.)— S. (Helio dor.,Ti.,p.'2Sl, edi()omm.)^3. (Apul., Met., ii.)— 4. (Kurip., Orest., 1546,' 1566.— Id., Iph. Aul., 345.— Id., Androm., 952.)- 5. (Ter., Eun., iii., 5, 55.— Id. ib., iv., 6, 26.— Id., Heaut., ii., 3, 37.)— 6. (Ariatoph., Thesm., 422. — Menand., p. 185, ed. Mero.) — 7. (i.,442; iv., 802; xxi., 6,46-50.)— 8. (Gorlsei, Daotylioflii 42, 205-209.)- 9. (AohiU., Tat;, ii., 19.) — 10. (vi., 91.) — U- (Horn., Od.i i., 441.— Id. ib., vii., 90.)— 12. (Harpociat., l. ».' Xon., Hellen., vi., 4, 1/ 36.)— 13. (Brunck, Anal., iii., 168.) JANUA. lATRALIPTA. house of a superior description, there was a passage leading to the door from the public road, which was called veslihulum^ and npoBvpov.' It was provided with seats.' It was sometimes covered by an arch {vid. Cambka), which was supported by two pillars,* and sometimes adorned with sculptures.' Here persons waited who came in the morning to pay their respects to the occupier of the house.' In the vestibule was placed the domestic altar. ( Vid. Ara, p. 78.) The Athenians also planted a laurel in the same situation, beside a figure designed to represent Apollo ;' and statues of Mercury were still more frequent,' being erected there on the principle of setting a thief to catch a thief The DoNAEiA offered to the gods were suspended not only from the Ant-t!, but likewise from the door-posts and lintels of their temples,'" as well as of palaces, which in ancient times partook of the sanctity of temples." Victors in the games sus- pended their crowns at the door of a temple." In like manner, persons fixed to the jambs and lintels of their own doors the spoils which they had taken in battle." Stags' horns and boars' tusks were, on the same principle, used to decorate the doors of the temples of Diana, and of the private individuals who had taken these animals in the chase. Owls and other nocturnal birds were nailed upon the doors as in modern times." Also garlands and wreaths -of flowers were suspended over the doors of temples, in connexion with the performance of re- ligious rites or the expression of public thanksgiving, being composed in each case of productions suited to the particular divinity whom they were intended to honour. In this manner the corona spicea was suspended in honour of Ceres." Bay was so used in token of victory, especially at Rome," where it sometimes overshadowed the Corona Civica on the doors of the imperial palace" (laureatis forilms^'). The doors of private houses were ornamented in a similar way, and with different plants, according to the occasion. More especially in celebration of a marriage, either bay or myrtle was placed about the door of the bridegroom." Catullus, in describing an imaginary marriage, supposes the whole vesti- bulum to have been tastefully overarched with the branches of trees." Tiie birth of a child was also announced by a chaplet upon the door," and a death was indicated by cypresses, probably in pots, placed in the vestibulum." In addition to trees, branches, garlands, and wreaths of flowers, the Romans some- times displayed lamps and torches before the doors of their houses for the purpose of expressing grati- tude and joy."' Music, both vocal and instrument- al, was sometimes performed in the vestibulum, especially on occasions when it was intended to do honour to the master of the house or to one of his family.'* It was considered improper to enter a house with- out giving notice to its inmates. This notice the Spartans gave by shouting ; the Athenians and all other nations by using the knocker already desori- 1. (laid., Orig., iv., 7.— Plaut., Most., IIT., ii., 132.— GeU., xvi., 5.)— 2. (Vitruv., vi., 7, 5.— Od., xviii., 10-100.— Herod., iii., 35, 140.1—3, (Herod., vi., 35.)— 4. (Servius in Virg., JEn., ii., 469.)— 5.' (Virg., JEn., Tii., 181.— Juv., vii., 126.)— 6, (GeU., IT., 1.)—". (Aristoph., Thesm., 496.— Plaut., Mere., iv., 1, II, 12.) — 8. (Thuoyd., vi., 27.) — 9. (Sohol. ad Aristoph., Plut., nss.)— 10. (Virg., .ffin., iii., 287,— Id. ib., v., 360.— Ovid, Trist., HI., i., 3'1.— nor., Carm., IV., xv., 8.— la., Epist., I., i., 5.— Id. ib., I., xviii., 56.— Pers., Sat., vi., 45.— Plin., H. N., xxxv., 4.)— 11. (Virg., JEn., ii,, 503.— Id. ib., vii., 183.)— 12. (Pind., Nem., v., 53.) — 13. (Festus, s. v. Resignare. — Plin., H. N., xxxv., 2.) —14. (Pallad., De Re Rust., i., 35.)— 15. (Tib., I., i., 21.— See also Virg., Ciris, 95-98.)— 16. (Ovid, Met., )., 562.)— 17, (Ovid, Tn»t.,iii., 1,35-49,— Plin.,H.N., XV., 39.)— 18. (Sen., Cousol. ad Polyb:, 35.— Val. Max., ii., 8, 7.)— 19. (Juv., vi., 79, 228.— Claud., De Nupt, lion, et Mar., 208.)— 80. (Epithal. Pel. et ThW., a78-a93.)— 2i; (Juv., ii., 84.)— 22. (Plin., H. N., xvi., 80.— Serv. inVirg., JEn., iii., 64.)— 23. (Juv.v xii., 92.)— 24. mjld., Nem J 1., 19, 20.— Isth., i., 3.) bed, but more commonly by rapping with the knuc* les or with a stick {Kpoveiv, kowtciv'). In the hou- ses of the rich, a porter {janitor, custos, ■iivpupdo was always in attendance to open the door.' He was commonly a eunuch or a slave,' and was chain- ed to his post.* To assist him in guarding the en- trance, a dog was universally kept near it, being also attached by a chain to the wall ;' and in ref- erence to this practice, the warning Cave Cancm, Evladov TTjv Kvva, was sometimes written near the door. Of this a remarkable example occurs in " &e house of the tragic poet" at Pompeii, where it is ac- companied by the figure of a fierce dog, wrought in mosaic on the pavement.' Instead of this harsh admonition, some walls or pavements exhibited the more gracious SALVE or XAIPE.' The appropri- ate name for the portion of the house immediately behind the door {4vpuv'), denotes that it was a kind of apartment ; it corresponded to the hall or lobby of our houses. Immediately adjoining it, and close to the front door, there was in many houses a small room for the porter (cella, or cellula jamtori^ ' -^vpo peiov^°). *IASIO'NE (laaiiivri), a plant, which Csesalpinns and Bauhin suggest is the Aquilegia or Columbine. Stackhouse conjectures that it may be the Convol- vulus sepium, hni Adams doubts the authority on which he founds this opinion." *IASPACHA'TES (laaKaxdrnf), the Jasper-ag- ate of modern mineralogists, a stone in which jas- per is associated with agate. {Vid. Achates.)" *IASPIS (loffTTif), Jasper, the laspis of Werner, Quartz Jaspe of Haiiy, and Jasper of Jameson laspis, says Pliny, is green, and often translucent : " What we call Jasper," observes Dr. Moore, " is of almost every colour, and is opaque. But still the ancient laspis may have comprehended certain va- rieties of green jasper ; and since agate and jasper are closely connected, and pass into each other, it is probable that there were varieties of agate also classed under the same head. Jameson may say with truth that we are ignorant of the particular stone denominated jasper by the ancients, for cer- tainly there is no one stone to which the description of jasper could be applied; but in this case, as in others, it is evident that several different minerals were comprehended under a single name." " The Jasper," says Sir John Hill, "is a semi-pellucid stone ; it is much of the same grain and texture with the agates, but not so hard, nor capable of so elegant a polish, nor does it approach so near to trans- parency. Its general colour is green, but it is spot- ted or clouded with several others, as yellow, blue, brown, red, and white. The Heliotrope, or common Bloodstone, is of this kind, and very little, if at all, different from the Oriental Jasper."" lATRALIPTA, lATRALIPTES, or lATROA- LIPTES ('laTpa^EtrrT^g), the name given by the an- cients to a physician who paid particular attention to that part of medical science called latraliptice. The name is compounded of larpog and a?i,ei(po, and signifies literally a physician that cures by anointing. According to Pliny," they were at first only the slaves of physicians, but afterward rose to the rank of physicians themselves, and were, therefore, su- perior to the aliptse. (Vid. Alipt^.) The word 1. (Becker, Charikles, v.i.,p.230-234.— Plato, Protag.,p. 151, 159, ed. Bekker.)— 2. (TibuU., I., i., 56.)— 3. (Plato, 1. o.)— 4. (Ovid, Amor., i., 6.— Sueton., De Olar. Hhet., 3.)— 5. (Tbeoorit,, XV., 43. — Apollod., ap. Athen., i., 4. — Aristoph., Thesm., 423..^ Id., Lysist., 1217.— TibuU., II., iv., 32-36.)— 6. (Gell's Pomp., 2d ser., i., p. 142, 145.)— 7. (Plato, Charm., p. 94, ed.Heindorff.) —8. (Soph., (Ed. TjT., 1242 —Id., Eleotr., 328.)— 9. (Suotdu., ViteU., 16, — Varro, Do Re Rust., i., 13.) —10. (PoUui, Ouom., i., 77,)— 11. (Theophrast., H. P;, i., Bl.— Id., G. P., ii. IS.-r Ad- ams, Append., 8. v,)— 12. (Moore's Anc. Mineral., p. VeS )-?--:lft (Moore's Anc. Mineral., p. 163, &c.) — 14. (H. N., Mix , 2 ; : 637 IBIS. IBIS. occurs in Paolus iEgineta,' Celsus,' and other med- ical writers. lATRALIPTICE {'larpa^emTiKv) was that part of the art and science of medicine which had for its object the preservation or restoration of health by gymnastics and different kinds of bodily exercises, Including unctions and frictions. It was, according to Pliny," first practised by Prodicus. (Vid. Gym- nasium, p. 484.) lA'TROS. (Virf. Medicds.) lATROSOPHISTA ('larpoiro^jffr^f), an ancient medical title, signifying apparently (according to Du Cange*) one who both taught medicine and also practised it himself; as the ancients made a dis- tinction between SidaaxaXiKij and ipyang, the art and the science of medicine, the theory and the practice.' Eunapius Sardianus" calls them k^rjnKJi- (livovg }i,eyeiv re Kal iroietv iarpiK^v. The word is somewhat varied in different authors. Socrates' calls Adamantius larpiKuv "koyav aon tribute to the general harmony of the universe, the Ichneumon unquestionably possessed more claims than any other animal to the homage of that singu- lar people. It presented a lively image of a benefi- cent power perpetually engaged in the destruction of those noisome and dangerous reptiles which propagate with such terrible rapidity in hot and humid climates. The Ichneumon is led by its in- stinct, and obviously destined by its peculiar powers, to the destruction of animals of this kind. Not that it dares to attack crocodiles, serpents, and the larger animals of the lizard tribe, by open force, or when these creatures have arrived at their complete development. It is by feeding on their eggs that the Ichneumon reduces the number of these intolerable pests. The Ichneumon, from its diminutive size and timid disposition, has neither the power to overcome nor the courage to attack such formidable adversaries. Nor is it an animal of the most deci- dedly carnivorous appetite. Urged by its instinct of destruction, and guided, at the same time, by the utmost prudence, it may be seen, at the close of day, gliding through the ridges and inequalities of the soil, fixing its attention on everything that strikes its senses, with the view of evading danger or dis- covering prey. If chance favours its researches, it never limits itself to the momentary gratification of its appetite : it destroys every living thing within its reach which is too feeble to offer it any effectual resistance. It particularly seeks after eggs, of which it is extremely fond, and through this taste it proves the means of destruction to so many croco- diles. That it enters the mouth of this animaJ when asleep, as Diodorus gravely informs us, and, gliding down its throat, gnaws through its stom^ ach, is as much true as that it attacks it when awake. This is either a fable which never had any foundation, or, like many other marvels, it has ceased in our unbelieving and less favoured era. — The colour of the Ichneumon is a deep brovni, picked out with dirty white. The tail is termina- ted by a tuft of hairs entirely brown. The Ichneu- mon is about two feet seven inches in length, measuring from the end of the tail to the tip of the nose, the tail itself being one foot four inches. The mean stature of the animal is about eight inches.'" The Ichneumon was particularly worshipped by the Heracleopolites, who lived in a nome situated in the valley of the Nile, a little to the south of the entrance to the modern district of Fayoom. This pome of Heracleopolis, and the vicinity of Cairo, still continue, according to Wilkinson, to be the Chief resort of the animal in question ; " and it is sometimes tamed and kept by the modern, as it was by the ancient Egyptians, to protect their houses from rats. But, from its great predilection for eggs and poultry, they generally find that the injury it does far outbalances the good derived from its ser- vices as a substitute for the cat. Herodotus says little respecting the Ichneumon, except that it re- ceived the same honours of sepulture as the domes- tic animals. But .■Elian tells us that it destroyed the eggs of the asp, and fought against that poison- ous reptile. Pliny, Strabo, and .(Elian relate the manner in which it attacked the asp, and was pro- tected from the effect of its poisonous bite. yElian says it covered itself with a coat of mud, which rendered its body proof against the fangs of its enemy ; or, if no mud was near, it wetted its body with water, and rolled itself in the sand. Its nose, which alone remained exposed, was then enveloped in several folds of its tail, and it thus commenced the attack. If bitten, its death was inevitable ; but all the efforts of the asp were unavailable against its 1. (Griffith's CuTier, to! ", , p. 392, &c.) 529 rMPERIUM. artificial coat of mail, and the Ichneumon, attacking it on a sudden, seized it by the throat, and immedi- ately killed it. Thus much for the ancient stpry. Modern experience, on the other hand, proves that, without having recourse to a cuirass of mud, the Ichneumon fearlessly attacks snakes, and, the mo- ment it perceives them raise their head from the ground, it seizes them at the back of the neck, and with a single bite lays them dead before it.'" *ICTIS (i/trif). {Vid. Mustela.) IDUS. \Vid. Calendar, Roman.) IGNOMI'NIA. (Vid. Infamia.) IMPERA'TOR. (Vid. Imperium.) IMPE'RIUM. Gains,' when making a division of judicia into those quae legitimo jure consistunt and those quae imperio continentur, observes that the latter are so called because they continue in force during the imperium of him who has granted them. This division of judicia had merely reference to the time within which a judicium must be prose- cuted, and to the jurisdictio of him who had granted them. Legitima judicia were those which were prosecuted in Rome or within the first miliarium, between Roman citizens, and before a single judex. By a lex Julia judiciaria, such judicia expired un- less they were concluded within a year and six months. All other judicia were said imperio con- tineri, whether conducted within the above limits before recuperatores or before a single judex, when either tho judex or one of the litigant parties was a peregrinus, or when conducted beyond the first mil- iarium either between Roman citizens or peregrini. From this passage it follows that there were judi- cia quae imperio continebantur, which were granted in Rome, which is made clearer by what follows. There was a distinction between a judicium ex ege, that is, a judicium founded upon a particular ex, and a judicium legitimum ; for instance, if a man sued in the provinces under a lex, the Aquilia, for example, the judicium was not legitimum, but was said imperio contineri, that is, the imperium of the preeses or proconsul who gave the judicium. The same was the case if a man sued at Rome ex lege, and the judicium was before recuperatores, or there was a peregrinus concerned. If a man sued under the praetor's edict, and, consequently, not ex lege, and a judicium was granted in Rome, and the same was before one judex, and no foreigner was concerned, it was legitimum. The judicia legitima are mentioned by Cicero ;' but it may, perhaps, he doubted if he uses the term in the sense in which Gaius does. It follows, then, that in the time of Gains, so long as a man had jurisdictio, so long was he said to have imperium. Imperium is defined by Ulpian* to be either merum or mixtum. To have the merum imperium is to have "gladii polestatem ad animadvertendum in facinorosos homines," that is, " mixtwm imperium cui etiam jurisdictio inest." It appears, then, that there was an imperium which was incident to jurisdictio ; but the merum or pure imperium was conferred by a lex." The mixtum imperium was nothing more than the power neces- sary for giving effect to the jurisdictio. There might, therefore, be imperium without jurisdictio, but there could be no jurisdictio without imperium. Imperium is defined by Cicero^ to be that " sine quo res militaris administrari, teneri cxercilus, helium geri non potest." As -opposed to potestas, it is the power which was conferred by the state upon an individual who was appointed to command an army. The phrases Consularis Potestas and Con- sclarc Imperium might both be properly used ; but the expression Tribunitia Potestas only could be IMPERIUM. used, as the tribuni never received ih« ilnperiun. In Veil. Paterc, ii„ 3, imperium is improperly uaei A consul could not act as commander of an 5™ (attingere rem militarew) unless he were empoTTeial by a lex Curiata, which is expressed by Livy» thus; " Comitia curiata rem militarem continent." Though consuls were elected at other comitia, the comitia curiata only could give them imperium.' TIib was in conformity with the ancient constitutioB, according to which an imperium was conferred on the kings after they had been elected :" On the death of King Pompilius, the populus in the comitia curiata elected Tullus Hostilius king, upon, the ro- gation of an interrex; and the king, followiiig the example of Pompilius, took the votes of the populna according to their curiae on the question of his im- perium."* Both Numa' and Ancus Marcius,' the successor of Tullus, after their appointment as reges, are severally said " De Imperio. sua hgm curiatam tulisse." It appears, then, that from the kingly period to the time of Cicero, the imperium, as such, was conferred by a lex Curiata, , The imperium of the kings is not defined by Ci- cero. It is declared by modern writers to have been the military and the judicial power, but these writers have not explained what they precisely mean by the term "judicial power." It may be conjec- tured that the division of imperium, made by the jurists, was in accordance with the practice of the republican period : there was during the republican period an imperium within the walls which was in- cident to jurisdictio, and an imperium without the walls which was conferred by a lex Curiata. There are no traces of this separation in the kingly periqd, and it is probable that the king received the impe- rium in its full import, and that its separation into two parts belongs to the republican period. The imperium, which was conferred by a lex under tlie Republic, was limited, if not by the terms in which it was conferred, at least by usage : it could not be held or exercised within the city. It was some- times specially conferred on an individual for the day of his triumph within the city, and, at least ig some cases, by a plebiscitum.' ^ , The imperium was as necessary for the govett((il of a province as for a general who nierely com- manded the armies of tlie Republic, as be couldnot, without it, exercise military authority (rem militarm attingere). So far as we can trace the strict prac- tice of the Roman constitution, military command was given by a special lex, and was not incident to any office, and might be held without any other of- fice than that of imperator. It appears that in the time of Cicero there were doubts as to the necessi- ty of the lex in some cases, which may have grad- ually arisen from the irregular practices of the civil wars, and from the gradual decay of the old instit|i- tions. Cicero, in a passage which is not very clear,' refers to a Cornelia lex, according to which an in- dividual who had received a province ex senatus consulto thereby acquired the imperium without the formality of a lex Curiata. The imperium (merum) of the Republic appears to have been (1), a power which was only exercised out of the city ; (2), a power which was specially conferred by a lex Curiata, and was not incident to any office ; (3), a power without which no mili tary operation could be considered as done in th» name and on the behalf of the state. Of this a no- table example is recorded in Livy," where the sen- ate refused to recognise a Roman as commander be- cause he had not received the imperium in due form. In respect of his imperium, he who received il 1. (Wilkinson, ji. 154, .fee.)— 2. (iv., 103.)— 3. (Pro Hose. Com,5.— Id., Or.l'art., 12.)— 4. (Dig. 2, tit. 1, s. 3.)— S (Dig. J, tit. 21, s. I.)-6. (Plil., v., 16.) R-10 I. (Liv., vi., 37.)— 2. (v., 52.)— S. (Liv., v., 52.)— 4. (Cie., ^ pnb., ii., 17.)— 5. (ii., 13.)— 6. (ii., IB.)— 7. (Liv., javi.,11'-'* ilir., 35.) -8. (ad Fam.- i., 9.)— 9. (xxvi., 8.) IMPUBES. IMPUBES. was alyled impB-ator: he might be a consul pr a proconsul. It was an ancient practice, observes Tacitus," for the soldiers of a victorious general to salute him by the title of imperator; but in the mstance referred to by Tacitus, the Emperor Tibe- rius allowed the soldiers to confer, the title on an individual who had it not already ; while under the Republic, the title, as a matter qf course, was given with the imperiuin ; and every general who re- ceived the iaiperium was entitjed ,to the name of imperator. Alter a victory it was usual for the sol- diers to salute their commander as imperator ; but this salutation neither gave nor confirmed the title. Under the Republic, observes Tacitus, there were several imperatores at a time; Augustus granted the title to some ; but the last instance, he ad(ls, of the title being conferred was in the case of Blas- sus, under Tiberius. There were, however, later instances. The assumption of the praenomen of imperator by Julius Caesar' was a nianifest usurpa- tion. Under the Republic the title, came properly after the name ; thus Cicero, when he was prpcpn- 6ul in Cilicja, could properly style himself ,M.,1'. Cicero Imperator, for the term merely exprpssed, that he had the iraperium. Tiberius and Claudius refused to assume the praenomen of imperator ; but the use oi it as a prasnomen became established among their successors, as we see from the impe- rial coins. The title imperator sometimes appears on the, imperial medals, followed by a numeral (VI. for instance), which indicates that it was specially assumed by them on the occasion of some great vicrory ; for, though the victory might be gained by their generals, it was considered to be gained under the auspices of the imperator. The term imperium was applied in the republican period to express the sovereignty of the Roman state. Thus Gaul is said by Cicero' to have come nnder the imperium and ditio of the populus Ro- manus ; and the notion of the majestas populi Ro- mani is said to be "in imperii atq.tie in nominis populi Romani digmtale."* IMPLU'VIUM. (Vid. House, Roman, p. 516.) IMPU'BES. An infans (ut'rf. Infans) was inca- pable of doing any legal act. An impubes, who had passed the limits of infantia, could do any legal act with the auctoritas of his tutor ; without such auc toritas he could only do those acts which were for his benefit. Accordingly, such an impubes, in the case of oMigatory contracts, could stipulate {stipida- ri), but not promise (promittere) ; in other words, as Gains' expresses it, a pupillus could only be bound by the auctoritas of his tutor, but he could bind an- other without such auctoritas. (Fid. Infans.) But this remark as to pupilli does not apply to those who are infantes or infanti proximi, though in the case of the infanti proximi a liberal interpreta- tion was given to the rule of law (benignior juris in- terpretatio), by virtue of which a pupillus, who was infanti proximus, was placed on the same footing as one who was pubertati. proximus, but this was done for their benefit only (propter utililalem eorum), and, therefore, could not apply to a case where the pupillus might be a loser.' An impubes who was in the power of his father could not bind himself BTen with the auctoritas of his father ; for, in the case of a pupillus, the auctoritas of the tutor was only allowed in respect of the pupillus having prop- erty of his own, which a son in the power of his fa- ther could not have. In the case of obligationes ex delicto, the notion of the auctoritas of a tutor was of course excluded, 1. (Ann., iii., 74.)— 2. bes was of sufficient capacity to understand the na- ture of his delict, he was bound by it; otherwise ha was not. In the case of a person who was puber- tati proximus, there was a legal presumption of such capacity; but still, this presumption did not exclude a consideration of the degree of understanding of the- impubes and the, nature of the 3ct, for the act might be such as either to be perfectly intelligible, as theft, or it miight be an act which an impubes im- peirfectly uijderstopd, as wjjen he was made the in- strupaent of fraiid. Tliese principles were applica- ble to cases of furtum, damnum injuria datum, inju ria, and others ; and eiIso to crimes in which the nature pf the act mainly determined whether or not guilt should be iptiputed. An impubes could enter into a contract by which he was released from a debt, but he could not re- lease a. debt without the auctoritas of his tutor. He cpulS not "gay money without his tutor; nor could he receive mohey without his tutor, at least it was not a valid payment, because such payment was, as a consequence, fpllccjvecl by a release to the debtor. But since the rule as to the incapacity of an impu- bes was made only to save him from loss, he couk' not retain both the money and the claim. An impubes could not be a plaintiff or a defend ant in a suit without his tutor. He could acquire the ownership of property alone, but he could not alienate it without the consent of his tutor, nor could he manumit a slave without such consent. He could contract sponsalia alone, because the auctori- tas of the tutor has reference only to property : if he was in his father's power, he was, of course, en- tirely under his father's control. An impubes could acquire a hereditas with tli« consent of his tutor, which consent was necessary, . because a hereditas was accompanied with obliga- tions. But as the act of cretion was an act that must be done by the heres himself, neither his tutor nor a slave could take the hereditas for a pupillus, and he was, in consequence of his age, incapable oi taking it himself This diflSculty was got over by the doctrine of pro herede gestio : the tutor might permit the pupillus to act as heres, which had the effect of cretion : and this doctrine would apply even in the case of infantes, for no expression of words was necessary in order to the pro herede gestio. In the case of the bonorum possessio, the father could apply for it on behalf of his child, and the tutor on behalf of his ward, without any act being done by the impubes. By the imperial legislation, a tutor was allowed to acquire the hereditas for his ward, and a father for his son, who was in his power ; and thus the doctrine of the pro herede gestio was ren- dered unnecessary. A pupillus could not part with a possession with- out the auctpritas of a tutor ; for, though possession of itself was no legal right, legal advantages were attached to it. As to the acquisition of possession, possession in itself being a bare fact, and the funda- mental condition of it being the animus possidendi, consequently the pupillus could only acquire posses- sion by himself, and when he had capacity to un- derstand the nature of the act. But with the auc- toritas of his tutor he could acquire possession even when he was an infans, and thus the acquisition of possession by a pupillus was facilitated, utilitatis causa. There was no formal difficulty in such pos- session any more than in the case of pro herede gestio, for in neither instance was it necessary for words to be used. Subsequently the legal doctrins was established that a tutor could acquire posses- sion for his pupillus.' _ 1. (Dig. 41, tit. 2, 8. 1, « 20.) S3] IMPUBES. INAUaUKATlO With the attainment of pubertas, a person ob- tained the full power over his property, and the tu- teJtt ceased: he could also dispose of his property by will ; and he could contract marriage. Accord- ing to the legislation of Justinian,' pubertas, in the case of a male, was attained with the comptetion of the fourteenth, and in a female, with the comple- tion of the twelfth year. In the case of a female, it seems that there never had been any doubt as to the period of the twelve years, but a dispute arose among the jurists as to the period of fourteen years. The Sabiniani maintained that the age of pubertas was to be determined by physical capacity (AoJite corporis), to ascertain which a personal examination might be necessary : the Procuhani fixed the age of fourteen complete, as that which absolutely deter- mined the attainment of puberty.' It appears, there- fore, that under the earlier emperors there was some doubt as to the time when pubertas was attained, though there was no doubt that with the attaiimient of puberty, whatever that time might be, full legal capacity was acquired. Until a Roman youth assumed the toga virilis, he wore the toga prsetexta, the broad purple hem of which {pratexta) at once distinguished him from other persons. The toga virilis was assumed at the Liberalia in the month of March ; and though no age appears to have been positively fixed for the cere- mony, it probably took place, as a general rule, on the feast which next followed the completion of the fourteenth year, though it is certain that the com- pletion of the fourteenth year was not always the time observed. Still, so long as a male wore the prsetexta, he was impubes, and when he assumed the toga virilis, he was pubes. Accordingly, ves- tiosps' was the same as pubes, and investis or prae- textatus the same as impubes.* After the assump- tion of the toga virilis the son who was in the pow- er of his father had a capacity to contract debts ; and a pupillus was released from the tutela. But if neither the pupillus wished to get rid of his tutor, nor the tutor to be released from the responsibility of his office (for which he received no emolument), the period of assuming the toga virilis might be de- ferred. If the pupillus and the tutor could not agree, it might be necessary that there should be a judicial decision. In such case the Proculiani maintained as a theoretical question, that the age of fourteen should be taken as absolutely determining the ques- tion, fourteen being the age after the attainment of which the prsetexta had been generally laid aside. The Sabiniani maintained that, as the time of puber- ty had never been absolutely fixed, but had depend- ed on free choice, some other mode of deciding the question must be adopted, where free choice was out of the question, and therefore they adopted that of the physical development {habitus corporis). But, though there are allusions to this matter,' there is no evidence to show that inspection of the person was ever actually resorted to in order to determine the age of puberty. It appears ihat the completion of fourteen years was established as the commence- ment of pubertas. The real foundation of the rule as to the fourteen and the twelve years appears to be, that in the two sexes respectively, puberty was, as a general rule in Italy, attained about these ages. ^n the case of females, the time had been fixed ab- solutely at twelve by immemorial custom, and had no reference to any practice similar to that among males of adopting the toga virilis, for women wore the toga praetexta till they were married. And, far- ther, though the pupillaris tutela ended with females 1. (Instit., i., tit. 22.) — 2. (Gains, i., 106. — Ulp., Frag., li., «8.)~3. (FostUB, s. T.) — 4. (Gell., v., 19 : " Verticepj.") — 5. (Qui.lot., Inst. Or , iv., S.) 633 with the twelfth year, they were from that nne ink ject to another kind of tutela. A male had a capacity to make a will upon com. pleting his fourteenth, and a female upon completini her twelfth year ;' and the same ages, as ahead! observed, determined the capacity, in the two sexes, for contracting a legal marriage. The dispute be- tween the two schools as to the time when the male attained the age of puberty, appears to have had reference to the termination of the tutela, and his general capacity to do legal acts ; for the test of the personal examination could hardly, from the nature of the case, apply to the capacity to make a will or contract a marriage, as Savigny showa. Spadones (males who could never attain physical pubertas) might make a testament after atliiining the age of eighteen.' INAUGURA'TIO was in general the ceroraony by which the augurs obtained, or endeavoured to obtain, the sanction of the gods to something which had been decreed by man ; in particular, however, it was the ceremony by which things or persons were consecrated to the gods, whence the terms dedicatio and consecratio were sometimes used as synonymous with inauguratio.' The ceremony of inauguratio was as follows : After it had been decreed that something should be set apart for the service of the gods, or that a certain person should be ap- pointed priest, a prayer was addressed to the gods by the augurs or other priests, soliciting them to de- clare by signs whether the decree of men was agree- able to the will of the gods.' If the signs observed by the inaugurating priest were thought favourable, the decree of men had the sanction of the gods, and the inauguratio was completed. The inauguratio was, in early times, E'ways performed by the au- gurs ; but subsequently we find that the inauguratio, especially that of the rex sacrificulus and of the flamines, was sometimes performed by the college of pontiffs in the comitia calata.' But all other priests, as well as new members of the college of augurs, continued to be inaugurated by the augurs, or sometimes by the augurs in combination Willi some of the pontiffs ;• the chief pontiff had the right to enforce the inauguratio, if it was refused by the augurs, and if he considered that there was not suf- ficient ground for refusing it. Sometimes one au- gur alone performed the rite of inauguratio, as in the case of Numa Pompilius ;' and it would seem that in some cases a newly-appointed priest might himself not only fix upon the day, but also upon the particular augur by whom he desired to be inaugu- rated.' During the kingly period of Rome, this inaugura- tion of persons was not confined to actual priests; but the kings, after their election by the populus, were inaugurated by the augurs, and thus became the high-priests of their people. After the civil and military power of the kings had been conferred upon the consuls, and the office of high-priest was given to a distinct person, the rex sacrorum, he was, as sts- i ted above, inaugurated by the pontiffs in the comitia calata, in which the chief pontiff presided. But the high republican magistrates, nevertheless, likewise continued to be inaugurated,' and for this purpose they were summoned by the augurs (condictio, it- nuncialio) to appear on the Capitol on the third day after their election.'" This inauguratio conferred no priestly dignity upon the magistrates, but was merely a method of obtaining the sanction of the 1. (Gaius, ii., 113.— Paulus, S. R., iii., tit. 4, a.) — 2. (Sanr ny. System des heut. R. R.)— 3. (Liv., i., 44, 65. — Flor., l., J, 8.— Plin., Ep., in., 39 ; x., 58, 59, 76. — Cic. in Cat., iv., l.)-J (Liv., i., 18.)— 5. (Gell., IV., 27.)— 6. (Liv., xxvii., 8. — M.i«i 4J.)— 7. (Liv., i., 18.— ComparB Cic, Brut., 1. — Macrob , Slfc, ii., 9.)— 8. (Cic, 1. c— Philipp., ii., 43.) — 9. (Dion. Hal. liif 80, *c)— 10. (Serv. ad Virg., JEn., ui., 117.) INAUfllS. INCITEGA. ti{odB to their election, and gare them the right to alee auspicia ; and on important emergencies it was •i«heir duty to make use of this privilege. At the l^iiime of Cicero, however, this duty was scarcely Oliver observed.' As nothing of any importance was 'bver introduced or instituted at Rome without con- l!,,ulting the pleasure of the gods by augury, we read li«jf the inauguratio of the tribes, of the comitium, &c. ^ INAUIIIS, an Earring ; called in Greek hunov, bjecause it was worn in the ear (oif), and iT^^oStov, illiecause it was inserted into the lobe of the ear (?io- ii|!6f), which was bored for the purpose.' Kijj Earrings were worn by both sexes in Oriental jijfountries," especially by the Lydians,* the Per- lijiians,' the Babylonians,' and also by the Libyans' ^md the Carthaginians.' Among the Greeks and lomans they were worn only by females. Ij, This ornament consisted of the ring (Kp(/coc') and jj^f the drops {stalagmia}''). The ring was generally j^{ gold, although the common people also wore ijjarrings of bronze. See Nos. 1, 4, from the Egyp- g,,ian collection in the British Museum. Instead of a ring, a hook was often used, as shown in Nos. 6, 8. The women of Italy still continue the same practice, passing the hook through tiie lobe of the ear without any other fastening. The drops were sometimes of gold, very finely wrought (see Nos. a, 7, 8), and sometimes of pearls" and precious stones (Nos. 3, .5, 6). The pearls were valued for being exactly sphericali" as well as for their great size and delicate whiteness ; but those of an elon- gated form, called ekrscAi, were also much esteemed, being adapted to terminate the drop, and being some- times placed two or three together for this purpose." In the Iliad," Juno, adorning herself in the most cap- tivating manner, puts on earrings made with three drops resembling mulberries." Pliny observes" that greater expense was lavished on no part of the dress than on the earring. According to Seneca," the earring No. 3, in the preceding woodcut, in which a couple of pearls are strung both above and below the precious stone, was worth a patrimony." All the earrings above e:igraved belong to the Hamilton collection in the British Museum. 1. (Cic, Db Divin., ii., 36.)— 2. (Horn., il., xiv.. 182.— Hymn., li., in Ven., 9.— Plin., H. N., xii., 1.)— 3. (Plin., H. N., xi., 50.) —4. (Xen., Anab., iii., 1, l> 31.)— 5. (Diod. Sic, v., 45.)— 6. (Ju',i., 104.)— 7. (Macrob., Sat., vii., 3.) — 8. (Plant., Poan., v., ii., 21.)— 9. (Diod. Sic, 1. o.) — 10. (Fostus, s. v.- Plant,, Men., III., iii., 18.)— 11. (Plin., 11. cc— Sen., De Ben., vii., 9.— Ovid, Met., %., S(i5.— Claud., De VI. Cons. Honor., 528.— Sen., Hippol., U., i., 33.)— 12. (Hor., Epod., viii., 13.)— 13. (Plin.,H, N.,i![.,5&— JiiT.,vi.,364.)— 14. (xiv., 182, 183.)— 15. (SeeEus- tath., adIoc,)-!8. (»., 50.)— 17. (1. c.J— 18. (See also De Vita Beata, 17.) In opulent families, the care of the earrings was the business of a female slave, who was called Auriculas Ornatrix.'- The Venus de' Medici, and other female statues, have the ears pierced, and probably once had earrings in them. The statue of AchUles at Sigeum, representing him in female attire, likewise had this ornament." INCENSUS. (Vid. Caput.) INCESTUM. If a man married a woman wlioni it was forbidden for him to marry by positive moral- ity, he was said to commit incestum.' Such a mar- riage was, in fact, no marriage, for the necessary connubium between the parties was wanting. There was no connubium between persons rela- ted by blood in the direct line, as parents and chil- dren. If such persons contracted a marriage, it was nefariae et incestas nnptiae. There was no connubium between persons who stood in the rela- tion of parent and child by adoption, not even after the adopted child was emancipated. There were also restrictions as to connubium between collater- al kinsfolk (ex transversa gradu cognationis) : there was no connubium between brothers and sisters, either of the whole or of the half blood ; nor be- tween children of the blood and children by adop- tion, so long as the adoption continued, or so long as the children of the blood remained in the power of their father. There was connubium between an uncle and his brother's daughter, after the Emperor Claudius had set the example by marrying Agrip pina; but there was none between an uncle and -^ sister's daughter. There was no connubium be tween a man and his amita or matertera {vid. Coo- NATi); nor between a man and his socrus, nurus, privigna, or noverca. In all such cases, when there was no connubium, the children had a mother, but no legal father. Incest between persons in the direct line waa punishable in both parties ; in other cases only in tlie man. The punishment was relegatio, as in the case of adultery. Concubinage between near kins- folk was put on the same footing as marriage.' In the case of adulterium and stuprum between per- sons who had no connubium, there was a doublo offence : the man was punished with deportatio, and the woman was subject to the penalties of the lex Julia.' Among slaves there was no incestum, but after they became free their marriages were regulated according to the analogy of the connu- bium among free persons. It was incestum to have knowledge of a vestal virgin, and both parties were punished with death. It does not appear that there was any legislation a§ to incestum : the rules relating to it were found- ed on usage {moribus). That which was stuprum was considered incestum when the connexion was between parties who had no connubium. Inces- tum, therefore, was stuprum, aggravated by the circumstance of real or legal consanguinity, and, in some cases, affinity. It was not the form of mar- riage between such persons that constituted the in- cestum ; for the nuptiae were incests, and therefore no marriage, and the incestuous act was the sexual connexion of the parties. Sometimes incestum is said to be contra fas, that is, an act in violation of religion. INCITE'GA, a corruption of the Greek ayyofHJKii or lyyvSfjKri, a term used to denote a piece of domestic furniture, variously formed according to the partio ular . occasion intended ; made of silver, bronze, clay, stone, or wood, according to the circumstan- ces of the possessor ; sometimes adorned with fig- ures ; and employed to hold amphorae, bottles, ala 1. (Gruter, Inscrip.)— 2. (Serv.inVirg.,iEn.,i.,30.— Tortiill, De Pall., 4.)— 3. (Dig. 23, tit. 2, i 39.)-4. (Dig. 23, tit. 2, a 56.)-5. (Dis. 48. tit. 18, 8. 5.) rNCUs. INtAMIA. ftasira, or any other vessels- which were round or pointed at the hottom, and therefore required a' sep- arate contrivance to keep them erect.' Some of those used at Alexandfea were triangular.^ We often see them represented in ancient Egyptian paintings. The annexed woodcut shows three ky- yoB^icai, which are preserved in the British Mu- seum. Those on the right and left hand are of wood, the one having four feet, the other six ; they were foimd in Egyptian tombs. The third is a hrnad earthenware ring, which is used to support a Grecian amphora. INCORPORA'LES RES. (Vid. Dominium.) INCUNA'BULA or CUNA'BULA (awdpyavov), swaddling-clothes. The first thing done after the birth of a child was to wash it; the second, to wrap it in swaddling- clothes ; and the rank of the child was indicated by the splendour and costliness of this, its first attire. Sometimes a fine white shawl, tied with a gold band, was used for the purpose ;' at other times a small purple scarf, fastened with a brooch* (x^a/iv- itov^). The poor used broad fillets of common cloth (^panni'). The annexed woodcut, taken from a beautiful bas-relief at Rome, which is supposed to refer to the birth of Telephus, shows the appear- ance of a child so clothed, and renders, in some degree, more intelligible the fable of the deception practised by Rhea upon Saturn, in saving the life of Jupiter, by presenting a stone enveloped in swaddling-clothes, to be devoured by Saturn in- stead of his new-born child.' It was one of the pe- culiarities of the Lacedaemonian education to dis- pense with the use of incunabula, and to allow children to enjoy the free use of their limbs.' ■ INCUS l/tK/iav), an Anvil. The representations of Vulcan and the Cyclopes on various works of 1. (Fostas, 8. y. Intitegn.— Bekker, Anecdot. Gr., 245.'— Wil- iinBon, Man. and Customs, ii., p. J68, 160, 216, 217.)—*, (Alli- en., v., 45.J— 3. (Horn., Hymn, in Apoll., 121, 122.)— 4. (Pind., Pytli., iv., 114.)— 5. (Longus, i.. 1, p. 14, 28, ed. Boden.)— 6. (Lnke, ii., 7, 12.— Ezek., xvi., 4, Vulg.— Compaie Horn., Hymn. In Merc, 151, 306.— Apollod., iii., 10, 2.- iElian, V. H., ii., 7.— Eurip., Ion,' 32.— Dion. Chrys.,, vi., 203, ed. Reiske.— Plant., Amphit., v., l; SS.-Tnic, v;, 13.)— 7. (lies.,, Thelbg., 485.)-Sl. 'Plat., I.ycurg., p. 90, ed Steph.) ' 534 art, show that the ancient anvil was formed (life that off modern times. When the artist wanted to make use of it, he placed it on .a large block of wood {aie/indstov ;' positis incudibus') ; and when be made the link of a chain, or any other object whicb was round or hollow, he beat it upon a point pro. jecting from one side of the anvil. The annexed woodcut, representing Vulcan forging a.thunilerbtili for Jupiter, Dlustrates these circumstances ; it is i» ken from a gem in the Royal Cabinet at Paris. ■ It appears that in the " brazen age," not only tlie things made upon the anvil, but the anvil itself, with the hammer and the tongs, were made ol bronze.' [Vid. Malleus.) At this early period anvils were used as an instrument of torture, being suspended from the feet of the victim.' *IND'ICUM ('IviiKov). "Dioscoiides applies the term 'IvSmdv to two distinct substances ; the one is the vegetable pigment still called Indigo, which ii prepared from the leaves and stalks of the Indigj plant. Several species are now cultivated for ma king indigo, but the one from which the ancients may be supposed to have procured their indigo ia the Indigofera tinctoria. The other kind of indigo was, most probably, the mineral substance called Indian Red, and which is a variety of the red oxyda of iron.'" INDU'SIUM. {Vid. Tunica.) I'NDUTUS. (FiUAmiotits, Tunica.)' : INFA'MIS. (Vid. Infamia.) ■ INFA'MIA. The provisions as to infamia, as they appear .in the legislation of Justinian, are con- tained in Dig. 3, tit. 2, De his qui notantur infamia, and in Cod. 2, tit. 12, Ex quihis causis infamdir- rogatur. The Digest contains' the cases of infamia as enumerated in the praetor's edict. There are also various provisions on the subject in the lex Julia Municipalis (B.C. 45), commonly called the Table of Heraclea. Infamia was a consequence of condemnation in any judicium publicum, of ignominious {ignermin causa) expulsion from the army,' of a womaii being detected in adultery, though she might not have been condemned in a judicium publicum, fee. ; of condemnation for furtum, rapina, injuriffi, and dolus malus, provided the offender was condemned in his own name, or provided in his own name he paid a sum of money by way of compensation ; of con- demnation in an action pro socio, tutelae, mandatum, deposilum, or tiducia,' provided the offender was condemned in his own name, and not in a judicium contrarium, and provided the person condemned 1. (Horn., n., xviii., 410, 476.— Od, viii., 274.);-^2. (Vii|;> Bp^ ,.i; rton Tri iv, wii; dfii ^^a rHnTn._0(l.. iii..'4«, «*■ JEn.,"vii., 620.— Id. ib., viii., 451.)^3. (Horn., Oil., i"-i'^%^' — Apollon. Rhod., iv., 761, 762.) — 4. (Hom., II., "■. '*•>- 5. (Dioscor., v., 107.— Paul, .ffiein., vii., 3.— Adorns, ABpen''-; •• v.)-6. (s. 1.)— 7. (Tab. Heracl., i., 121.) — 8. (ComjarMM Edict witli Cic, Pro Rose. Com., 6.— Pro Rose Anicr.; Pro CiEcina, 2.— Top., c. 10. - Tab. Heracl., i., 111.) LW- INFAMIA INFAMIA. had not acted with good faith. Infamia was also a consequence of insolvency, when a man's bona were possessa, pfoscripta, vendita ;' of a widow marrying within the time appointed for mourning; but the infamia attached to the second husband if he Was a paterfamilias, and if he was not, then to his father, and to the father of the widow if she was in. his power : the edict does not speak of the infamia of the widow, but it was subsequently ex- tended to her. Infamia was a consequence of a man being at the same time in the relation of a doable marriage or double sponsalia ; the infamia attached to the man if he was a paterfamilias, and if he was not, to his father : the edict here also speaks only of the man, but the infamia was subse- quently extended to the woman. Infamia was a consequence of prostitution in the case of a woinan, of similar conduct in a man [qui naUiebria passus est); of lenocinium, or gaining a liviijg by aiding in prostitution ;" of appearing on a public stage as an actor ; of engaging for money to appear in the fights of the wild beasts, even if a man did not appear; and cf appearing there, though not for money. It riisults from this enumeration that infamia was only the consequence of an act committed by the person Who became infamis, and was not the con- sequence of any punishment for such act. In some cases it only followed upon condemnation ; in oth- ers it was a direct consequence of an act, as soon as such act was notorious. It has sometimes beeii supposed that the prsetor established the infamia as a rule of law, which, however, was not the case. The praetor made cer- tain rules as to postulatio,' for the purpose of main- taining the purity of his court. "With respect to the postulatio, he distributed persons into three class- es. The second class comprehended, among oth- ers, certain persons who were turpitudine noiabiles, who might postulate for themselves, but not for others. The third class contained, among others, all those " qui edicto prataris ut infantes notanlur," and were not already enumerated in the second class. Accordingly, it was necessary for the prae- tor to enumerate all the infames who were not in- cluded in the second class, and this he did in the edict as quoted.* Consistently with this, infamia was already an established legal condition ; and the praetor, in hjs edicts on postulation, did not make a class of persons called infames, but he enumerated as persons to be excluded from certain rights of pos- tulation those who were infames. Consequently, the legal notion of infamia was fixed before these edicts. It is necessary to distinguish infamia from the nota censoria. The infamia does not seem to have been created by written law, but to have been an old Roman institution. In many cases, though not In all, it was a consequence of a judicial decision. The power of the censors was in its effects anal- ogous to the infamia, but different from it in many respects. The censors could at their pleasure re- move a man from the senate or the equites, remove him into a lower tribe, or remove him out of all the tribes, and so deprive him of his suffragium, by re- ducing him to the condition of an aerarius.' They could also affix a mark of ignominy or censure op- posite to a man's name in the list of citizens, nota censoria or subscriptio ;' and in doing this, they were not bound to make any special inquiry, but might follow general opinion. This arbitrary mode of proceeding was, however, partly remedied by the fact that such a censorian nota might be opposed by 1. (Cic, Pro Quint., 15.— Tab. SeracL, i., lIS-117.— Gaius, a., 154.)— 2. (Tab. Heraol., i., 123.)— 3. (Dig. 3, tit. 1, s. 1.)— 4. (Dig 3, tit. 2, s. 1.)— 5. (Cic, Pro Cluent., 43, 45.)— 6. (Cic, Pio Cluent., 42, 43, 44, 46, 47.) a colleague, or removed by the foUowing censon or by a judicial decision, or by a lex. Accordingly the censorian nota was not perpetual, and therein it differed essentially from infamia, which was per petual. The consequences of infamia were the loss ol certain political rights, but not all. It was not a capitis deminutib, but it resembled it. The infamis became an aerarius, and lost the suffragium and honores ; that is, he lost the capacity for certain so-called public rights, but not the capacity for pri- vate rights. Under the Empire, the infamia lost its effect as to public rights, for such rights became unimportant. It might be doubted whether the loss of the suf- fragium was a consequence of infamia, but the af- firmative side is maintained by Savigny with such reasons as may be pronounced completely conclu- sive. It appears from Livy^ and Valerius Maxi- mns' that the actores atellanarum were not either removed from their tribe (nee tribu mmentur), nor incapable of serving in the army : in other words, such actors did not become infames, like other act- ors. The phrase " tribu moveri" is ambiguous, and may mean cither to remove from one tribe to a lower, or to move from all the tribes, and so make a man an a3rarius. Now the mere removing from one tribe to another must have been an act of the censors only, for it was necessary to fix the tribe into which the removal was made : but this could not be the case in a matter of infamia, which was the effect of a general rule, and a general rule could only operate in a general way ; that is, " tribu- mo- veri," as a consequence of infamia, must have been a removal from all the tribes, and a degradation fo the state of an aerarius.' The lex Julia Municipalis does not contain the word infamia, but it mentions nearly the same c!i- ses as those which the edict mentions as eases cf infamia. The lex excludes persons who fall with- in its terms from being senatores, decuriones, con- scripti of their city, from giving their vote in the senate of their city, and from magistracies which gave a man access to the senate : but it says no- thing of the right of vote being taken away. Sa- vigny observes that there would be no inconsisten- cy in supposing that the lex refused only the hono- res in the municipal towns, while it still allowed infames to retain the suffragium in such towns, though the practice was different in Rome, if we consider that the suffragium in the Roman comitia was a high privilege, while in the municipal towns it was comparatively unimportant. Cicero* speaks of the judicia fiduciae, tutelae, and societatis as " sitmma cxistimationis et pene capitis." In another oration' he speaks of the pos- sessio bonorum as a capitis causa, and, in fact, as identical with infamia. This capitis minutio, how- ever, as already observed, affected only the public rights of a citizen ; whereas the capitis deminutio of the imperial period, and the expression capitalis causa, apply to the complete loss of citizenship. This change manifestly arose from the circum- stance of the public rights of the citizens under the Empire having become altogether unimportant, and thus the phrase capitis deminutio, under the Empire, applies solely to the individual's capacity for private rights. In his private rights the infamis was under some incapacities. He could only postulate before the praetor on his own behalf, and on behalf of certain persons who were very nearly related to him, but not generally on behalf of all persons. Consequent ly, he could not generally be a cognitor or a procu- 1. (vii., 2.)— 2. (ii., 4, 1/ 4.)— 3. (Compare Liv., 4(, lS.)-4 (Pro Hose. Cora., 6.)— 5. (Pro Quint., 8, 9, 13, 15, 22.) 53S INFAMIA. INFAMIA. idtor. Nor ccald a cause of action be assigned to him, for by the old law he must sue as the cognitor or procurator of the assignor ;' but this incapacity became unimportant when the cessio was effected by the utiles actiones without the intervention of a cognitor or procurator. The infamis could not sustain a popularis actio, for in such case he must be considered as a procurator of the state. The infamis was also limited as to his capacity for mar- riage, an incapacity which originated in the lex Ju- lia.' This lex prohibited senators, and the children of senators, from contracting marriage with liber- tini and libertinae, and also with other disreputable persons enumerated in the lex : it also forbade all freemen from marrying with certain disreputable women. The jurists made the following change : they made the two classes of disreputable persons the same, which were not the same before, and they extended the prohibition, both for senators and others, to all those whom the edict enumerated as infames. The provisions of the lex Julia did not render the marriage null, but it deprived the parties to such marriage of the privileges conferred by the lex ; that is, such a marriage did not release them from the penalties of celibacy. A senatus consult- um, under M. Aurelius, however, made such mar- riage null in certain cases." INFAMIA (GREEK) {drifila). A citizen of Ath- ens had the power to exercise all the rights and privileges of a citizen as long as he was not suf- fering under any kind of atimia, a word which in meaning nearly answers to our outlawry, in as far as a person forfeited by it the protection of the laws of his country, and mostly all the rights of a citizen also. The atimia occurs in Attica as early as the legislation of Solon, without the term itself being in any way defined in the laws,* which shows that the idea connected with it must, even at that time, have been familiar to the Athenians, and this idea was prtbably that of a complete civil death ; that is, an individual labouring under atimia, together with all that belonged to him (his children as well as his property), had, in the eyes of the state and the laws, no existence at all. This atimia, undoubtedly the only one in early times, may be termed a total one, and in cases where it was inflicted as a punishment for any particular crime, was generally also perpet- ual and hereditary ; hence Demosthenes, in speak- ing of a person suiTering under it, often uses the ex- pression KaSttTraf utijioq, or oTrAuf an/turai.' A de- tailed enumeration of the rights of which an atimos was deprived is given by .^Esohines.' He was not allowed to hold any civil or priestly oiiice whatever, either in the city of Athens itself, or in any town within the dominion of Athens ; he could not be ^employed as herald or ambassador ; he could not give his opinion, or speak either in the public as- sembly or in the senate ; he was not even allowed to appear within the extent of the agora ; he was excluded from visiting the public sanctuaries, as well as from taking part in any public sacrifice ; he could neither bring an action against a person from whom he had sustained an injury, nor appear as a witness in any of the courts of justice ; nor could, on the other hand, any one bring an action against him.' The right which, in point of fact, included most of those which we have here enumerated, was that of taking part in the popular assembly {TieyeiM and -yp'vjietv). Hence this one right is most fre- quently the only one which is mentioned as being 1. COains, ii., 39.)— 2. (Ulp., Frag., xiii.)— S. (Savigny, Sys- tem, &c., vol ii.) — 4. (Demosth., c. Aristocrat., p. 640.).— 5. (c. Meid., p. 542. — Id., c. Aristog., p. 779. — Id., c. Meid., p. 646.)— 0. (0. Timaioh., p. 44, 48.)— 7. (Compare Demosth., o. Neasr., p. 1353 ; c. Timoo., p. 739.— De Lib. Rhod., p. 300.— Philipp., lii., p. 123 i c. Meid., p. 542.— Lysias, c, Andoc., p. 122.) S36 forfeited by atimia.' The seryice in the Athenl^ armies was not only regarded in the light of a datj which a citizen had to perform towards the state, but as a right and a privilege ; of which, therefore, : the atimos was likewise deprived.' When we heai that an atimos had no right to claim the protectio-: of the laws if he was suffering injuries from others., we must not imagine that it was the intention of thi law to expose the atimos to the insults or ill-treat' ment of his former fellow-citizens, or to encouragj the people to maltreat him with impunity, as mighi be inferred from the expression oi drifioi tov efleSv to; ;' but all that the law meant to do was that, if any such thing happened, the atimos had no righl to claim the protection of the laws. We have aboTe referred to two laws mentioned by Demosthenes, in which the children and the property of an atimos were included in the atimia. As regards the chil- dren or heirs, the infamy came to them as an inher- itance which they could not avoid. {Vid. HEiiE!,p. 497.) But when we read of the property of a man being included: in the atimia, it can only mean thai it shared the lawless character of its owner, that is, it did not enjoy the protection of the law, and could not be mortgaged. The property of an atimos foi a positive crime, such as those mentioned below, was probably never confiscated, but only in the caso of a public debtor, as we shall see hereafter; and when Andocides* uses the expression un/ioi ^ani TO aa/iara, Tu, 61 ;tfp^/iffiTo dxov, the contrary which he had in view can only have been the case of a public debtor. On the whole, it appears to hav8 been foreign to Athenian notions of justice to con- fiscate the property of a person who had incurred personal atimia by some illegal act.' The crimes for which total and perpetual atimia was inflicted on a person were as follow : The giv- ing and accepting of bribes, the embezzlement ol public money, manifest proofs of cowardice in the defence of his country, false witness; false accusa- tion, and bad conduct towards parents :' moreover, if a person, either by deed or by word, injured or insulted a magistrate while he was performing the. duties of his office ;' if, as a judge, he hadbeen guilty of partiality ;' if he squandered away his pa- ternal inheritance, or was guilty of prostitution.' We have above called this atimia perpetual ; for if a person had once incurred it, he could scarcely ever hope to be lawfully released from it. A law, mentioned by Demosthenes," ordained that the re- leasing of any kind of atimoi should never be pro- posed in the public assembly, unless an assembly consisting of at least 6000 citizens had previously, in secret deliberation, agreed that such might be done. And even then the matter could only be discussed in so far as the senate and people thought proper. It was only in times when the Republic was threatened by great danger that an atimos might hope to recover his lost rights, and in such circumstances the atimoi were sometimes restored en masse to their former rights." A second kind of atimia, which, though in its ex tent a total one, lasted only until the person subject to it fulfilled those duties for the neglect of which it had been inflicted, was not so much a punishment for any particular crime as a means of compelling a man to submit to the laws. This was the atimia of public debtors. Any citizen of Athens who owed money to the public treasury, whether his debt I. (Demosth., c. Timocr., p. 715, 717.— iEscluK., c. Timaroh., p. 54, dic-Andooid., De Myst., p. 36.— Demosth., o. Andmt., p. 602, 604.)- 2. (Demosth., c. Timoc, p. 715.)— 3. (Plato, Uorg., p. 508.)-4. (Do Myst., p. 36.)— 5. (Demosth., c. Lept., p. 5MJ —6. (Andooid., 1. o.)— 7. (Demosth., c. Meid., p. 624.— Id., Pre Megalop., p. 200.)— 8. (o. Meid., pi 643.)— 9. (Diog. Laert., I.| ii., 7.)— 10. (c. Timoorat., p. 715.)— U. (Xen., Hellel.., ii., % ij 11.— Andooid., 1. o.) INFAMIA. INFANS. nose nrom a fine to which he had been condemned, or from a part he had taken in any branch of the administration, or from his having pledged himself to the state for another person, was in a state of total atimia if he refused to pay or could not pay the sum which was due. His children during his lifetime were not included in his atimia ; they re- mained imTifioi} If he persevered in his refusal to pay beyond the time of the ninth prytany, his debt was doubled, and his property was taken and sold.' If the sum obtained by the sale was sufEcient to pay the debt, the atimia appears to have ceased ; but if not, the atimia not only continued to the death of the public debtor, but was inherited by his heirs, and lasted until the debt was paid off.' (Compare Heees, p. 496.) This atimia for public debt was sometimes accompanied by imprisonment, as in the case of Alcibiades and Cimon ; but whether, in such a case, on the death of the prisoner, his children were likewise imprisoned, is uncertain. If a per- son living in atimia for public debt petitioned to be released from his debt or his atiihia, he became subject to ivSet^tc ; and if another person made the attempt for him, he thereby forfeited his own prop- erty : if the proedros even ventured to put the ques- tion to the vote, he himself became atimos. The only, but almost impracticable, mode of obtaining re- lease was that mentioned above in connexion with the total and perpetual atimia. A third and only partial kind of atimia deprived the person on whom it was inflicted only of a por- tion of his rights as a citizen.* It was called the aTifiia icaTu. npoara^tv, because it was specliied in every single case which particular right was for- feited by the atimos. The following cases are ex- pressly mentioned: If a man came forward as a public accuser, and afterward either dropped the ■charge or did not obtain a fifth of the votes in fa- vour of his accusation, he was not only liable to a fine of 1000 drachmas, but was subjected to an atim- ia which deprived him of the right, in future, to appear as accuser in a case of the same nature as that in which he had been defeated or which he had given up.' If his accusation had been a ypa^ri uae- lejof, he also lost the right of visiting particular temples.' Some cases are also mentioned in which an accuser, though he did not obtain a fifth of the votes, was not subjected to any punishment what- ever. Such was the case in a charge brought be- fore the first archon respecting the ill-treatment of parents, orphans, or heiresses ' In other cases the accuser was merely subject to the fine of 1000 drachmse, without incurring any degree of atimia.' But the law does not appear to have been strictly observed.' Andocides mentions some other kinds of partial atimia, but they seem to have had only a temporary application at the end of the Peloponne- eian war ; and the passage" is so obscure or cor- rupt, that nothing can be inferred from it. with any certainty." Partial atimia, when once inflicted, lasted during the whole of a man's life. The children of a man who had been pnt to death by the law were also atimoi'" (compare Heres, p. 497) ; but the nature or duration of this atimia is unknown. ■ If a person, under whatever kind of atimia he Was fabcuring, continued to exercise any of the rights which he had forfeited, he might immediately be 1. (Damoiih., c. Theocrin., p. 1322.) — 2. (Aiulocid., 1. c — Demosth., o. Nicratrat., p. 1255 ; c. Neier., p. 1347.) — 3.' (De- mosth., c. Asdrot,, p. 603.— Compare BOckh, Publ. Econ. of Athens, ii., p. 128.)— 4. (ilndocid., De Myst., p. 17 and 36.)— 5. (Demostb., c. Aristi?^., ;j^ 803. — Harpocrat., 3. v. AtHipuv ypaip^-) --6.' (Andocid., De Mynt., p. 17.) — 7. (Meier, De Bon. Damnat., p 133.>— 8. (Pollux, Onora., viii., 53.)— 9. (Backh, Publ. Econ of Athens, ii., p. 112, *o.)— 10. (De Myst., p. 36.)— 11. (Wach- Emnth, kellen. Alterth., ii., 1, p 247, «c.) — 12. (Demosth., c. Aristcj.. B. 779.) Ytt subjected to iirayuy^ or Mei^ii : and if his trans- gression was proved, he might, without any farther proceedings, be pnnished immediately. The offences which were punished at Sparta with atimia are iiot so well known ; and in many cases it does not seem to have been expressly mentioned by the law, but to have depended entirely upon pub lie opinion, whether a person was to be considered and treated as an atimos or not. In general, it ap- pears that every one who refused to live according to the national institutions lost the rights of a fuU citizen (S/iotoj'). It was, hov/ever, a positive law, that whoever did not give or could not give his con- tribution towards the syssitia, lost his rights as a citizen.' The highest degree of infamy fell upon the coward (rpeaag) who either deserted from the field of battle, or returned home without the rest of the army, as Aristodemus did after the battle of Thermopylae,' though in this case the infamy itself, as well as its humiliating consequences, were man- ifestly the mere effect of public opinion, and lasted until the person labouring under it distinguished himself by some signal exploit, and thus wiped off the stain from his name. The Spartans who in Sphacteria had surrendered to the Athenians, were punished with a kind of atimia which deprived them of their claims to public offices (a punishment com- mon to all kinds of atimia), and rendered thom in- capable of making any lawful purchase or sale. Afterward, however, they recovered their rights.* Unmarried men were also subject to a certain de- gree of infamy, in as far as they were deprived of the customary honours of old age, were excluded from taking part in the celebration of certain festi- vals, and occasionally compelled to sing defamatory songs against themselves. No atimos was allowed to maiTy the daughter of a Spartan citizen, and was thus compelled to endure the ignominies of an old- bachelor." Although an atimos at Sparta was sub- ject to a great many painful restrictions, yet his con- dition cannot be called outlawry ; it was rather a state of infamy properly so called. Even the atimia of a coward cannot be considered equivalent to the civil death of an Athenian atimos, for we flnd him still acting to some extent as a citizen, though al- ways in a manner which made his infamy manifest to every one who saw him. (Lelyveld, De Infamia ex Jure Attico, Amstelod., 1835.— Wachsmuth, Hcllen Alterth., ii., 1, p. 343, &c. — Meier, De Bonis Damnat., p. 101, &,c. — Scho- mann, De Comit. Ath., p. 67, &;c., transl. — Hermann, Polit. Ant. of Greece, (j 124 -Meier und Schbmann, Att. Proc., p. 563. On the Spartan atimia in par- ticular, see Wachsmuth, ii., 1, p. 358, &c. — Miiller, Dot., iii., 10, ^ 3.) . INFANS, INFA'NTIA In the Roman law there were several distinctions of age which were made with reference to the capacity for doing legal acts : 1. The first period was from birth to the end of the seventh year, during which time persons were call ed infantes, or qui fari non possunt. 2. The sec ond period was from the end of seven years to the end of fourteen or twelve years, according as ihe person was a male or a female, during which per- sons were defined as those qui fari possunt. The persons included in these first two classes v;ere im- . puberes. 3. The third period was from the end ol the twelfth or fourteenth to the end of the twenty- fifth year, during which period persons wcie ado- lescentes, adulti. The persons included in these three classes were minores xxv. annis or annorum, and were often, for brevity's sake, called minores 1. (Xen.,D«Rep.I.aoed.,x.,7.— Iil.ib.,iii„3.)— 2. (Aristot., ...> .. '. -J- , „.,..„.__, „ (Heriid.,vii., 231.)— 4. .-Miiller, Dorians, it, 537 Polit., ii.,'8, p. 50, ed. qattlmi.) — 3. (Hernd., vii., 231.)— 4. (thucyd., v.,M.)- 5. (Flul., itiail., °" ""'"'- "--•— '- 4,«3) .nVFULA. only {vid. CuBifOB); and the persons inciudeiV in the third and fourth class were pnberes. 4. The fourth period was from the age of tWenty-five, du- ring which persons were majores. The term impubes comprehends infafas, as all in- fantes are impuberes, but all impuberes are not infantes. Thus the impuberes were divided into two classes : infantes, or those under seven years of age, and those above seven, who are generally understood by the term impuberes. PupiUus is a general name for all impuberes not in the power of a father.' The con.mencement of pubertas was the com- mencement of full capacity to do legal acts. Be- fore the commencement of pubertas, a person, ac- cording to the old civil law, could do no legal act without the auctoritas of a tutor. This rule was made for those impuberes who had property of their own ; for it could have no application to impuberes who were in the power of a father. Now the age of pubertas was fixed as above mentioned, on the supposition that persons were then competent to understand the nature of their acts, and the age of twelve or fourteen was only fixed because it was necessary to fix some limit which might apply to all cases ; but it was obvious that in many cases when a person bordered on the age of puberty (pubertati proximus), and had not yet attained it, he might have sufficient understanding to do many legal acts. Accordingly, a person who was proximus pubertati was in couise of time considered competent to do certain legal acts without the auctoritas of a tutor; but, to secure him against fraud or mistake, he could only do such acts as were for his own ad- vantage. This relaxation of the old law was ben- eficial both to the impubes and to others ; but, ow- ing to its being confined to such narrow limits of time, it was of little practical use, and, accordingly, it was extended as a positive rule to a longer period below the age of puberty, but still with the same limitation : the impubes could do no act to his prej- udice without the auctoritas of a tutor. It was, however, necessary to fix a limit here also, and, ac- cordingi/, it was determined that such limited capa- city to do legal acts should commence with the ter- mination of infantia, which, legally defined, is that feriod after which a person, either alone or with a tutor, is capable of doing legal acts. Infans properly means qui fari non potest ; and he of whom could be predicated fari potest, was not infans, and was capable of doing certain legal acts. The phrase qui fari potest is itself ambigu- ous ; but the Romans, in a legal sense, did not limit it to the mere capacity of uttering words, which a child of two or three years generally possesses, but they understood by it a certain degree of intellectual development ; and, accordingly, the expression qui fari potest expressed not only that degree of intel- lectual development which is shown by the use of in- telligible speech, but also a capacity for legal acts in which speech was required. Thus the period of in- fantia was extended beyond that which the strict ety- mological meaning of the word signifies, and its ter- mination was fixed by a positive rule at the end of the seventh year, as appears by numerous passages.' The expressions proximus pubertati, and proxi- mus infantise or infanti,' are used by the Roman jurists to signify respectively one who is near attain- ing pubertas, and one who has just passed the limit of infantia.' {Vid. Impubes.) INFE'RIiE. {Vid. Funus, p. 462.) INFULA, a flock of white and ired wool, which I. (Dig. 50, tit. 16, s. 239.)— 2. (Dig. 26, tit. 7, s. I ; 23, tit. I, •. 14.— Cod. 6, tit. SO, s. 18.— Quintilian, Inst. Or,, i., 1.— Isi- imiB, Orift., xi., 2.)— 3. (Gaius, iii., 109.)— 4. (Savigny, System. *eB lieut. R. R., vol. iii.) '538 INGENW. was slightly twisted, drawn into t/ie foiiia of j wreath or fillet, and used by the Romans fbr ofiia- ment on festive and solemn occasions. In sacrifi- cing it was tied with a white band (vid. Vitta) to the head of the victim,' and also of the priest, more especially in the worship of Apollo and Diana.' The " torta infula" was worn also by the vestai virgins.' Its use seems analogous to that of the lock of wool worii by the flamines and salii. (VU, Apex). At Roman marriages, the bride, who car- ried wool upon a distaiT in the procession {vid. Fu- ses, p. 465), fixed it as an infula upon the door-cast of her future husband on entering the house.' INGE'NUI, INGENUITAS. According to Gai- ns,'' ingenui are those free men who are born free. Consequently, freedmen (libertini) were not ingenui, though the sons of libertini were ingenui ; nor could a libertinus by adoption become ingenuus.' If a fe- male slave {ancilla) was pregnant, and was manu- mitted before she gave birth to a child, such child was born free, and therefore was ingenuus. In oth- er cases, also, the law favoured the claim' of free birth, and, consequently, of ingennitas.' If a man's ingenuitas was a matter in dispute, there was a ju- dicium ingenuitatis.' The words ingenuus and libertinus are often op posed to one another; and the title of freeman (H- Jb)'), which would comprehend libertinus, is some- times limited by the addition of ingenuus {liber cl ingenuus'). According to Cincius, in his work on Gomitia, quoted by Festus,'" those who, in his lime, were called ingenui, were originally called patrieii, which is interpreted by GoettUng to mean that gen- tiles were originally called ingenui also : a manifest misunderstanding of the passage. If this passage has any certain meaning, it is this : originally the name ingenuus did not exist, but the word patricius was sufficient to express a Roman citizen by birth. This remark, then, refers to a time when there were no Roman citizens except patrieii ; and the definition of ingenuus, if it had then been in use, would have been a sufficient definition of a patricius. But the word ingenuus was introduced, in the sense here stated, at a later time, and when it was want- ed for the purpose of indicating a citizen ty birth, merely as sutfh. Thus, in the speech of Appiua Claudius Crassus,"he contrasts with persons of pa- trician descent, "Unus Quiritium quilibet, diuibusin- genuis ortus." Farther, the definition of gentilis by Scaevola {vid. Gens, p. 468) shows that a man might be ingenuus and yet not gentilis, for he might be the son of a freedman ; and this is consistent with Livy." If Qincius meant his proposition to be as comprehensive as the terms will allow us to take it, the proposition is this : AH (now) ingenui com- prehend all (then) patrieii ; which is untrue. Under the Empire, ingenuitas, or the jura in- 'genuitatis, might be acquired by the imperial favour; that is, a person not ingenuus by birth was made so by the sovereign power. A freedman who had obtained the jus annulorum aureorum was consid- ered ingenuus ; but this did not interfere- with the patronal rights." By the natalibus restitutio, the princeps gave to a libertinus the character ot in- genuus ; a form of proceeding which involved 'ho theory of the original freedom of all mankind, for the Hbertinus was restored, not to the state in which he jjad been born, but to his supposed original state of freedom. In this case the patron lost his patro- 1. (Virg., Geprg., iii., 487.— Lucre*., i., 88.— Suet., Calig., 87.) —2. {Vug., JBia., ii., 430.— la, ib., i., 938.— Servim, in Ino.— Isid., Orig., xixl, 30.— Festus, s. v. Infold.)— 3. (Prud., c. Syn., ii., 108S, 1094.)— 4. (Lucan, ii., 355.— Plin., H. N.,ijji.,2.- Servius in Virg., JEa., iv., 458.)— 5. (i., 11.)— 6. (Cell., »., 190 —7. (Paulus, Sent. Eecept., iii., 24, and v., 1, "De Libeitli Causa.")— 8. (Tacit., Ann., xiii., 27.— Paulus, S. R., v., 1 )-9 {Hor., Ep. ad Pis., 383.)— 10. (s. t. Patricios.)— 11 [U^., Ti 40.)— 12. (X., 8.)— 13. (Dig. 40, tit. 10, s. 5 and 6.1 mjTmiA INSIGNE. nal lights by a necessary consequence, if I he fiction wero to have its full effect.' It seems (hat ques- tions as to a man's ingenuitas were common at Rome, which is not surprising when we consider that patronal riglits were involved in them. *rNGUINA'LIS, a plant, the same with the /Sow- Mwov, or aar^p drnicdf, which see. INJTJ'RIA. Injuria was done by striking or beat- ing a man either with the hand or with anything ; by abusive words {corlvicium) ; by the proscriptib bonorum, when the claimant Icnew that the alleged debtor was not really indebted to him, for the bono- rum proscriptio was accompanied with infamia to the debtor ;' by libellous writings or verses ; by so- liciting a materfamihas or a praetextatus {vid. Impu- BEs), and by various other acts. A man might sustain injuria either in his own person, or in the person of those who were in his power or in manu. 'To injuria could be done to a slave, but certain acts .iOne to a slave were an injuria to liis master, when the acts were such as appeared from their nature to be insulting to the master ; as, for instance, if a man should flog another man's slave, the master had a remedy against the wrong-doer, which was given him by the praetor's formula. But in many other cases of a slave being maltreated, there was no regular formula by which the master could have a remedy, and it Was not easy to obtain one from the praetor. The Twelve Tables had various provisions on the subject of injuria. Libellous songs or verses were followed by capital panishraent, that is, death, as it appears.' In the case of a limb being mutilated, the punishment was talio.' In the case of a broken bone, the penalty was 300 asses if the injury was done to a freeman, and 150 if it was done to a slave. In other cases the Tables fixed the penalty at 25 asses.' These penalties, which were considered sufficient at the time when they were fixed, were afterward considered to be insufficient ; and the injured per- son was allowed by the prtetor to claim such dama- ges as he thought that he was entitled to, and the judex might give the full amount or less. But in the case of a very serious injury (alrox injuria), when the praetor required security for the defend- ant's appearance to be given in a particular sum, it was usual to claim such sum as the damages in the plaintiff's declaration ; and though the judex was not bound to give damages to that amount, he seldom gave less. An injuria had the character of atrox, either from the act itself, or the place where it was done, as, for instance, a theatre or forum, or from the status of the person injured, as if he were a raagistratus, or if he were a senator and the wrong-doer were a person of low condition. A lex Cornelia specially provided for cases of pulsatio, verberatio, and forcible entry into a man's house (domus). Tlie jurists who commented on this lex defined the legal meaning of pulsatio, ver- beratio, and domus.' The actions for injuria were gradually much ex- tended, and the praetor would, according to the cir- cumstances Of the case (causa cognita), give a per- son an action in respect of any act or conduct of another, which tended, in the judgment of the prae- tor, to do him injury in reputation or to wound his feelings.' Many cases of injuria were subject to a special punishment,' as deportatio ; and this pro- ceeding extra ordlnem was often adopted instead of the civil action. Various imperial constitutions 1. (Big. 40, tit. n.)— 2. (Cic, Pro Quint., 6, 15, 16.)— 3. (Cic, Hep., iv., 10, and the notes in Mai*s edition.) — i. (Festus, s; v. Taliii.)— 5; (Gellius, xyi., 10.— Id.,M., 1.— Dirksen, Pebereioht, *c.)-6. (Dig. 47, tit. 10, s. 5.J— 7. ^rid^Kg. 47, tit. 10, s. 15 : M, 23, 24, « Bell, (3sll., vii,,45,)— 12. (jEschyl,, Sept., c. Theb., 383-M8-- Eurip., PhcEB , 1125-1156.— Apolludor., Bibl., iii., 6, 1.) 039 INSTITA. exhibiting » representation of Cupid bvandisliing a thunderbolt." Tiie first use of these emblems on shields is attributed to the Carians ;' and the ficti- tious employment of them to deceive and mislead an enemy was among the stratagems of war." III. Family badges. Among the indignities prac- tised by the Emperor Caligula, it is related that he abolished ihe ancient insignia of the noblest fami- lies, viz., the torques, the cincinni, and the cogno- naen " Magnus.'" IV. Wigns placed on the front of buildings. A figurr of Mercury was the common sign of a Gym- nasium , but Cicero had a statue of Minerva to fulfil the same purpose.* Cities had their emblems as well as separate r.difices ; and the officer of a city Bomclimes affixed the emblem to public documents, as wf! do the seal of a municipal corporation.' V. The figure-heads of ships. The insigne of a ship was an image placed on the prow, and giving ita name to the vessel' Thus the ship figured in p. 58 would probably be called the Triton." (Com- pare woodcut, p. 480.) Paul sailed from Melite to Puteoli in the Dioscuri, a vessel which traded be- tween that city and Alexandrea.' Enschede has drawn out a list of one hundred names of ships which occur either in classical authors or in ancient inscriptions. "' The names were those of gods and heroes, together with their attiibutes, such as the helmet of Minerva, painted on the prow of the ship which conveyed Ovid to Pontus (a picta casside nomen Aai««") ; of virtues and affections, as Hope, Concord, Victory ; of countries, cities, and rivers, as the Po, the Mincius," the Delia, the Syracuse, the Alexandrea ;^^ and of inen, women, and animals, as the boar's head, which distinguished the vessels of Samos" (woodcut, p. 429), the swan {vid. Chsnis- cos), the tiger," the hull (Trporo/i^v ravpov^'). Plu- tarch mentions a Lycian vessel with the sign of the lion on its prow, and that of the serpent on its poop." After an engagement at sea, the insigne of a conquered vessel, as well as its aplustre, was often taken from it, and suspended in sotne temple as an offering to the god." Figure-heads were probably used from the first origin of navigation. On the war-galleys of the Phcenicians, who called them, as Herodotus says," TrdracKoi, i. e., "carved images," they had sometimes a very grotesque ap- pearance. Besides the badge which distinguished each indi- vidual ship, and which was either an engraved and painted wooden image, forming part of the prow, or a figure often accompanied by a name and painted on both the bows of the vessel, other insignia, which could be elevated or lowered at pleasure, were requi- site in naval engagements These were probably flags or standards, fixed to the aplustre or to the top of the mast, and serving to mark all those ves- sels which belonged to the same fleet or to the same nation. Such were "the Attic" and "the Persic signals" (to 'ATrmov arnieiov"). I'NSl ITA (iTspLTrdStov), a Flounce, a Fillet. The Roman matrons sometimes wore a broad fillet, with ample folds, sewed to the bottom of the tunic, and reaching to the instep. The use of it indicated a superior regard to decency and propriety of man- 1. (Athon., xii., 47.)— 2. (Ilerod., i., 171.)— 3. (Pans., iv., 28, ^ 3._Virg., ^a., ii., 389-392.)— 4. (Suet., Calig., 35.)— 5. (ad Att., i., 4.)— 6. (Antig., Caryst., 15.)— 7. (Tacit., Ann., vi., 34. — CffiS , B. Civ., ii., 6.)— 8. (Stat., Thel)., v., 372.— Viig., JEn., X., 209-212.)— 9. (Acts, xxviii., 11.)— 10. (Diss., " De Tut. et jtmignibus Navium," reprinted in Ruhnken'sOpusc, p. 257-305.) —II. (Frist., i., 9, 2.)— 12. (Virg., JEn., x., 206.)— 13. (Athen., v., 43.) — 14. (Herod., iii., 59. — Chrerilus, p. 155, ed. Naelte Hesvch., s. V. ^/i^ia!c^5 rpdiros. — Eust. in Horn., Od., xiii., p. SaS.)- 15. (Virg., J3n., x., 166.)— 16. (Schol. in ApoU. Rliod., li., 168.)— 17. (De Mul. Virt., p. 441, ed. Steph.)— 18. (Hut., Themist., p. 217.)— 19. (iii., 37.)— 20. (Polyaon., iii., U, 11 j rlii., 63. 1.— Berkor, Char., ii., p. 63.) 540 INSTITUTIONES ners." It must have resembled a modern floonce. By the addition of gold and jewelry, it took the form of the more splendid and expensive Cyoiab. When this term denoted a fillet, which was used by itself, as in the decoration of a Thyrsus,' it \v3a equivalent to Vitta or Fashii. {Vid. Tonica.) I'NSTITOR. (Kid. Institokia Ai'tio.) INSTITO'RIA ACTIO This actio oi fornmls was allowed against a man who had appointed ei- ther his son or a slave, and either his own or anothei man's slave, or a free person, to manage a taberna, or any other business for him. The contracts with such manager, in respect of the taherna or other business, were considered to be contracts with the principal. The formula was called institoria, be- cause he who was appointed to manage a taberna was called an institor. And the institor, it is said, was so called, " guod ncgotio gerendo instet sive insistat." If several peisons appointed an institor. any one of them might be sued for the whole amount for which the persons were liable on the contract of their insiitor ; and if one paid the demand, he had his redress over against the others by a sooie- tatis judicium or communi.dividundo. A great deal of business was done through the medium of insti- tores, and the Romans lUus cairied on various lucrative occupations in the i>amc of their slaves, which they could not or voiiu! nol have carried on personally. Institores ai(. "^irplod with nauts by Horace,' and with the magistt,r navis.* INStlTUTIO'NES. It was the object of Justin ian to comprise in his Code and Digest or Pandeci a complete body of law. But these works wero. not adapted to the purpose of elementary instruc- tion, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the Digest. It was, therefore, necessary to prepare an element- ary treatise, for which purpose Justinian appointed a commission, consisting of Tribonianus, Theophi- lus, and Dorotheus. The commission was instruct- ed to compose an institutional work which should contain the elements of the law (legun cunahda}, and should not be encumbered with useless matter. Accordingly, they produced a treatise under tht title of Institutijnes, or Elementa,' which was based on former elementary works of the same name and of a similar character, but chiefly on the Commen- tarii of Caius or Gains, his Res Quotidians, and various other comraentarii. The Institutiones were published with the imperial sanction, at the close of the year A.D. 533, at the same time as the Digest. The Institutiones consist of four books, which are divided into titles. The first book treats chiefly of matters relating to personal status ; the second treats chiefly of property and its incidents, and of testaments, legacies, and fideicommissa ; the third treats chiefly of successions to the property of in- testates, and matter incident thereto, and on obli- gations not founded on delict ; the fourth treats chiefly of obligations founded on delict, actions an( their incidents, interdicts, and of the judicia publi ca. The judicia publica are not treated of by Gaius in his Commentaries. Heineccius, in his Antiqui tatum Romanarum Jurisprudentiam illustrantiua Syntagma, has followed the order of the Institutio- nes. Theophilus, generally consider'ed to be the person who was one of the compilers of the Institu- tiones, wrote a Greek paraphrase upon them, which is still extant, and is occasionally useful. The best edition of the paraphrase of Theophilus is that of W. 0. Reitz, Haag, 1751, 2 vols. 4to. There are 1. (Hor., Sat., I., ii., 29.— Ovid, Ars Amat., i., 32.)— 2. (St»t , Thsb., yii., 654.)— 3. (Ep., xvii., 20.)— 4. (Carm., III., n., Jft —Consult Gains, iv., 71.— Dig. 14, tit. 3 )— 5. (Proffim In«t.)- 6. (" De Julia Docendi Ratione.'M INTERCESSIO. INTERCESSIO. nnmerous editions of the Latin'test of the Institu- tiones. The editio princeps is that of Mainz, 1468, fol. ; that of Klenze and Boecking, Berlin, 1829, 4to, contains both the Institutiones and the Commenta- rii of Gains ; the most recent edition is that of Schrader, Berlin, 1832 and 1836. There were various institutional works written by the Roman jurists. There still remain fragments of Ihe Institutiones of Ulpian, which appear to have consisted of two books. The four books of the Institutiones of Gaius were formerly only known from a few excerpts in the Digest, from the Epito- me contained in the Breviarium, from the GoUatio, and a few quotations in the Commentary of Boethi- us on the Topica of Cicero, and in Priscian. The MS. of Gaius was discovered in the library of the Chapter of Verona, by Niebuhr, in 1816. It was first copied by Goeschen and Bethman-Holl- weg, and an edition was published by Goeschen in 1820. The deciphering of the MS. was a work of great labour, as it is a palimpsest, the writing on which has been washed out, and in some places erased with a knife, in order to adapt the parchment for the purposes of the transcriber. The parch- ment, after being thus treated, was used for tran- scribing upon it some works of Jerome, chiefly his epistles. The old writing was so obscure that it could only be seen by applying to it an infusion of gallnuts. A fresh examination of the MS. was made by Bluhme, but with little additional profit, owing to the condition of the manuscript. A second edition of Gaius was published by Gceschen in 1824, with valuable notes, and an Index Siglarum used in the MS. The preface to the first edition contains the complete demonstration that the MS. of Verona is the genuine Commentaries of Gaius, though the MS. itself has no title. The arrangement of the matter in the Institutio- nes of Gaius resembles that of the Institutiones of Justinian, which were founded on them. The first book treats of the status of persons ; the second treats De Rerum Divisione et Acquisitione, and comprehends legacies and fideicommissa ; the third book treats of successions ab intestate, and obliga- tions founded on contract and delict ; the fourth treats solely of actions, and matters connected therewith. There has been a great difference of opinion as to the age of Gaius, but it appears from the Institu- tiones that he wrote that work under Antoninus Pius and M. Aurelius. Many passages in the Fragments of Ulpian are the same as passages in Gaius, which may be ex- plained by assuming that both these writers copied such parts from the same original. Though the Institutiones of Justinian were mainly based on those of Gaius, it is clear that the compilers of the Institutiones of Justinian often followed some other work ; and, in some instances, the Institutiones of Justinian are more clear and explicit than those of Gaius. An instance of this occurs in Gaius' and the Institutiones of Justinian.' Gaius belonged to the school of the Sabiniani. (Vid. JijRiscoNsnLTi.) The jurists whom he cites ill the Institutiones are Cassius, Fufidius, Javole- nU^ JuUanus, Labeo, Maximus, Q. Mucius, Ofilius, Pro.'julus, Sabinus, Servius, Servius Sulpicius, Sex- tus, Tubero. INSTITUTO'RIA ACTIO. (Vid. Inteecessio.) I'NSULA. (Vid. House, Roman, p. 519.) INTE'NTIO. ( Vid. Actio, p. 20.) I'NTEGRUM RESTITUTIO, IN. {Vid. Resti- lUTIO.) INTERCE'SSIO. The verb intercedere is vari- enaly applied to express the act of him who in any 1. (iii., 109.)— S. (iii., tit. 1», a. 10.) way undertakes an obligation for another. Sponsorfi.°i, fidepromissores, and fidejussores, may be said inter- cedere. With respect to one another, sponsores were consponsores.' Sponsores and fidepromissores were nearly in the same condition ; fidejussore? were in a somewhat different legal relation. Sponsores and fidepromissores could only become parties to an obligatio verborum, though in some cases they might be bound, when their principal (qui promiserit) was not, as in the case of a pupillus who promised without the auctoritas of his tutor, or of a man who promised something after his death. A fidejussor might become a party to al" obligations, whether contracted re, verbis. Uteris, or consensu. In the case of a sponsor, the interro- gatio was. Idem dare spondes ? in the case of a fidepromissor, it was. Idem fidepromittis 1 in the case of a fidejussor, it was, Idem fide tua esse ju- bes 1. The object of having a sponsor, fidepro- missor, or fidejussor, was greater security to the stipulator. On the other hand, the stipulator had an adstipulator only when the promise was to pay something after the stipulator's death ; for if there was no stipulator, the stipulatio was inutilis or void." The adstipulator was the proper party to sue after the stipulator's death, and he could be compelled by a mandati judicium to pay to the heres whatever he recovered. The heres of a sponsor and fidepromissor was not bound, unless the fidepromissor were a peregrinus, whose state had a different law on the matter ; but the heres of a fidejussor was bound. By the lex Furia, a sponsor and fidepromissor were free from all liability after two years, which appears to mean two years after the obligation had become a present demand. All of them who were alive at the time when the money became due could be sued, bv* each only for his share. Fidejussores were never released from their obligation by length of time, and " each was liable for the whole sum ; but by a re- script {epistola) of Hadrian, the creditor was required to sue the solvent fidejussores separately, each ac- cording to his proportion. A lex Apuleia, which was passed before the lex Furia, gave one of several sponsores or fidepromis- sores, who had paid more than his share, an action against the rest for contribution. Before the pass- ing of this lex Apuleia, any one sponsor or fidepro- missor might be sued for the whole amount ; but this lex was obviously rendered useless by the sub- sequent lex Furia, at least in Italy, to which country alone the lex Furia applied, while the lex Apuleia extended to places out of Italy. A fidejussor, who had been compelled to pay the whole amount, had no redress if his principal was insolvent ; though, as already observed, he could, by the rescript of Hadrian, compel the creditor tO' limit his demand against him to his share. A creditor was obliged formally to declare his ac- ceptance of the sponsores or fidepromissores who were offered to him, and also to declare what was the object as to which they were security : if he did not comply with this legal requisition, the sponsores and fidepromissores might, within thirty days (it is not said what thirty days, but probably thirty days from the time of the sureties being offered), demand a priejudicium {prajudicium postulare), and if they proved that the creditor had not complied with the requisitions of the law, they were released. A lex Cornelia limited the amount for which any person could be a security for the same person to the same person within the same year, but with some exceptions, one of which was a security "do- tis nomine." No person could be bound in a greatei amount than his principal, but he might be bound 1. (Cio. ad Att., xii., 17.)— 2. (Gaius, iii., 100, 117.) 541 /NTERCESSIO. INTERDICTUM. ta less , and every surety could recover on a man- dati jutlicium from his principal whatever he had been compelled tp pay on bis account,, By a lex Pnblilia, sponsores Jiad a special action in duplum,; whicU was called an actio depensi. Thore is a passage in the Epitome of ;Gaius in the Breviariun,' which is not taken from Gains; it is to this effect : The creditor may sue either the debtcj or his fidejussor; but after he has chosen to IBP, one of them, he cannot sue the other .^Cicero appears to allude to the same doctrine' in a passage which is somewhat obscure, and is variously ex- plained. , Thp subject of the sponsio often occurs in Cicero's letters ; and in one case he was called upon in respect of a sponsio alleged to have been given by him twenty-five years before.' Cicero does not raise any difficulty as to the time that bad elapsed, from which it must be inferred either that the obligation had, only recently become a demand, or that the rule about the two years did not exist: in his time. Cicero uses the expression " appel- lare" to express calling on a surety to pay.* Women generally were incapacitated from doing many acts on account of the weakness of the sex. It -was a general rule that any person might "inter- cedere," who was competent to contract and to dispose of his property ; but minores , xxv. and women had only a limited capacity in respect of , their contracts and the disposition of their estates. In the early part of the reign of Augustus and in that of Claudius, it was declared by the edict that women should not " intercedere" for their husbands. Subsequently, in the consulship of M. Silanus and Velleius Tutor (AD. 10), the senatus consultum Velleianum was passed, which absolutely prohibited all intercessio by women ; and the Novella, 134, o. 8, had for its special object to make null all inter- cessio of a wife for her husband. A woman who , was sued in respect of her intercessio or her heres, might plead the senatus consultum, and she might recover anything that she had paid in respect of her intercessio. The senatus consultum, though it made null the intercessio of a woman, protected the cred- itor so far as to restore to him a former right of action against his debtor and fidejussores : this ac- tion was called restitutoria or rescissoria. In the case of a new contract, to which the woman was a party, the intercessio was null by the senatus con- sultum, and the creditor had the same action against the person for whom the woman " intercessit" as he would have had against the woman : this action, inasmuch as the contract had no reference to a for- mer right, but to a right arising out of the contract, was institutoria. In certain cases, a woman was permitted to renounce the benefit of the senatus consultum.' INTERCE'SSIO was the interference of a magis- tratus to whom an appeal (vid. Appellatio) was made. The object of the intercessio was to put a stop to proceedings, on the ground of informality or other sufficient cause. Any magistratus might " in- tercedere" who was of equal rank with, or of rank su- perior to the magistratus from or against whom the appellatio was. Cases occur in which one of the prsetors interposed {intercessit) against the proceed- ings of his colleague.' The intercessio is most fre- quently spoken of with reference to the tribunes, who originally had not jurisdictio, but used the in- tercessio for the purpose of preventing wrong which was offered to a person in their presence.' The in- tercessio of the tribunes of the plebswas auxilium;' 1. (ii., 9, i 2.)— 2. (ad Att., iTi.j !5.)— 3. (ad Att., lii., 17.)— *. (ad Att., i., 8.— Compare Gains, iii., 115-127.— Dig. 44, tit. 7, 46,tit.l.)— 5. (Dig.l6,tit. 1 : ad S. C. Velleianum.— Paulus, S. R., i]., tit. 11.)— 6. (Cic. inVerr., i., 46,)— 7. (Cell., xiii., 12.)— 8. Cic., Pro Quint, 7, SO.) ii2 and It might be excrpised either in jure 0T4n -jnd). cio. The tribune qui intercessit, could preveati judicium frpm being instituted. That there could he an intercessio after the litis contestatio appean from Cicero,' The tribunes could also use the in. tercessio to prevent execution of a judicial sen- tence.' T. Gracchus interfered (inierceisii) against the prsetor Terentius, who, was going to order exe. cution in the case, of L. Scipio, who was condemned for peculation,' and he prevented Scipjo being , sent to prison, but he did not interfere to prevent exe- cution heing had on bis .property. A single tribune could effect this, and ^gaipst the opinion of his col- leagues, which was the case in the matter of L, Scipio. . {Vid. Trjeuni.) INTERCrSI DIES. {Vid. Dies* p., 363.) INTERDI'CTIO ;aQU.^ ET IGNIS. {Vid. Banishment, Roman.) INTERDICTUM. " in certain case^ {oertis ei causisjtthe praetor or proconsul, in the .first instance {principaiiter), exercise,-? his,, authority for , the termi- nation of disputes;. This hie chiefly does when the dispute is about possession or quasi-possession ; and the exercise of his .authority consists in ordering something to be, done, or f9rbi4 Quotidiana."i INTERDICTUM. ilNrERDICTUM. Baed ais " aucloritas finiendis contmersiis" in the first instance or immediately, and without the inter- vention of a judex {principaliter), and also " certis ex causis," that is, in cases already provided for by the edict. If the defendant either admitted the plain- tiff's case before the interdict was granted, and complied with its terms, or submitted to the inter- dict after it was granted, the dispute was, of course, Ot an end. This is not stated by Gaius, but follows of necessity from the nature of the case ; and when he goes on to say "that when the praetor has order- ed anything to be done or forbidden anything to be done, the matter is not then ended, but the parties go before a judex or recuperatores," he means that this farther proceeding takes place if the prae- tor's interdict does not settle the matter. The whole form of proceeding is not clearly stated by some modern writers, but the following is consistent with Gams : The complainant either obtained the interdict or he did not, which would depend upon the case he made out before the praetor. If he failed, of course the litigation was at an end ; and if he obtained the interdict, and the defendant complied with its terms, the matter in this case also was at an end. If the defendant simply did not obey the terms of the in-, terdict, it would be necessary for the complainant again to apply to the praetor, in order that this fact might be ascertained, and that the plaintiflF might give full satisfaction. If the defendant was dissat- isfied with the interdict, he might also apply to the praetor for an investigation into the facts of the case : his allegation might be that there was no ground for the interdict. He might also apply to the praetor on the ground that he had satisfied the terms of the interdict, though the plaintiff was not satisfied, or on the ground that he was unable to do more than he had done. In all these cases, when the praetor's order did not terminate the dispute, he directed an inquiry by certain formulae, which were the instruc-, lion of the judex, recuperatores, or arbiter. The inquiry would be. Whether anything had been done contrary to the praetor's edict ; or Whether that had been done which he had ordered to be done : the former inquiry would be made in the case of a prohibitory interdict, and the latter in the case of an exhibitory or restitutory interdict. With regard to the expression just used, namely, " the praetor's edict," it must be observed that " edict" is the word used by Gaius, but that he means " interdict." He uses " edict" because the " interdict" would only be granted in such cases as were provided for by the " edict" (certis ex causis), and thus an interdict was only an application of the " edict" to a particu- lar case. In the case of interdicta prohibitoria there was always a sponsio ; that is, the parties were required to deposite or give security for a sum of money, the loss of which was in the nature of a penalty (pm- na) to the party who failed before the judex : this sponsio was probably required by the praetor. In the case of interdicta restitutoria and prohibitoria, the proceeding was sometimes per sponsionem, and therefore before a judex or recuperatores, and some- times, without any sponsio, per formulam arbitra- riam, that is, before an arbiter. In the case of these two latter interdicts, it seems to have depended on the party who claimed the Inquiry whether there should be a sponsio or not : if such party made a sponsio, that is, proffered to pay a sum of money if he did not make out his case, the opposite party was required to make one also. In the case of Gas cina' a sponsio had been made : Cicero says, ad- dressing the recuperatores, " sponsio facta est : hac de sponsione votis jvdicandum est." In fact, when the 1. (Cic, Pio Cscir., 8.) matter came before a judex or arbiter, the loim ol proceeding was similar to the ordinary judicium. The chief division of interdicts has been stated. Another division of interdicts was into those for the purpose of acquiring possessioii., retaining posses- sion, or recovering possession.' The interdictum adipiscendae [lossessionis was given to him to whom the bonorum possessio {vid. BoiNOBUM Possessio) was given, and it is referred to by the initial words quorum bonorum.^ Its op- eration was to compel a person, who had possession of the property of which the bonorum possessio ivas granted to another, to give it up to such person, whether the person in possession of such property possessed it pro herede or pro possessore. The bonorum emtor {vid. Bonorum Emtio) was also en- titled to this interdict, which was sometimes called possessorium. It was also granted to him who bought goods at public auction, and in such case was called sectorium, the name " sectores" being applied to persons who bought property in such manner.' The interdictum salvianum was granted to the owner of land, and enabled him to take possession of the goods of the colonus,,who had agreed that his goods should be,a, security , for his rent. This interdict was not strictly a possessorial in- terdict, as Savigny has shown.* It did not, like the two other interdicts, presuppose a lawful posses- sion, that is, a jus possessionis acquired by the fact of a rightful pqssession : the complainant neither alleged an actual possession nor a former possession. The interdictum retinendie possessionis could only be granted to a person who had a rightful possessio, and he was entitled to it in respect of injury sus- tained by being disturbed in his possession, in re- spect of anticipated disturbance in his possessioni and in the case of ,a dispute as to ownership, in which the matt,er of possession was first to be in- quired into^ Its effect in the last case would be, aa Gaius states, to determine which of two litigant parties should ppssess, and which should be the claimant. There were two interdicts of this class, namedi respectively uti possidetis andutrubi, from the initial words of the edict. The interdictum uti possidetis applied to land or houses, and the other to movables. The uti possidetis protected the per- son who at the time of obtaining the interdict was in actual possession, provided he had not obtained the possession against the other party {advergarius) vi, clam, or precario, which were the three vitia pos- sessionis.' , In the case of the interdictum utrubi, the possession of the movable thing was by the in- terdict declared to belong to him who had possessed the thing against the other party during the great er part of that year, " nee vi nee clam nee precario.' There were some peculiarities as to possessio of mo- vable things.' The interdictum recuperandae possessionis might be claimed by him who had been forcibly ejected (vi dejectus) from his possession of an immovable thing, and its effect was to compel the wrong-doei to restore the possession, and to make good all damage. The initial words of the interdict were " unde tu ilium m dejecisti," and the words of com- mand were "eorestituas."'' There were two cases of yis : one of vis simply, to which the ordinary in- terdict applied, which Cicero calls quotidianum; the other of vis armata, which had been obtained by Cajcina against .^butius. The plaintiff had to prove that he was in possession of the premises, , 1. (GaiuB, iv., 144.)— 2. (Dig. 43, tit. 2, s. 1.)— 3. (Cic, Pre Rose. Amer., 36.) ^4. (Das Recht des Beaitzes, p. 410)— 5, (Festua, s. v. Possessio. — Gaius, iv., 16().) — 6. (Gaius, iv., ISr.) —7. (Cic, Pro CaiCin., 30 —III., Pro TuU., 4, 29, 44.— Gaius, • IM.) £13 and had been ejected by ' le defendant or his agents {familia or promr,tiw^) If the matter came befoie a judex, the defendant might allege that he had complied with the interdict, " restituisse," though he had not done so in fact ; but this was the form of the sponsio, and the defendant, would succeed before the judex if he could show that he was not bound to restore the plaintiff to his possession.' The detendant might put in an answer {eiccptio) 10 the plaintiff's claim for restitution : he might show that the plaintiff's possession commenced ei- ther vi, clam, or precario with respect to the de- fendant ;' but this fexceptio was not allowed in the case of vis armata.* The defendant might also plead that a year had elapsed since the violence complained of, and this was generally a good plea, for the interdict contained the words " in hoc anno." But if the defendant was still in possession after the (fear, he could not make this plea, nor could he avail himself of it in a case of vis armata.' A clandestina possessio is a possessio in which the possessor takes a thing (which must, of course, be a movable thing) secretly {furtive), and without the knowledge of the person whose adverse claim to the possession he fears. Such a possessio, when it was a disturbance of a rightful possessio, gave the rightful possessor a title to have the interdict de clandestina possessione for the recovery of his possession. All traces of this interdict are nearly lost ; but its existence seems probable, and it must have had some resemblance to the interdictum de vi. The exceptio clandestinse possessionis was quite a different thing, inasmuch as a clandestine possessio did not necessarily suppose the lawful possession of another party. The interdictum de precaria possessione or de precario applied to a case of precarium. It is pre- carium when a man permits another to exercise ownership over his property, but retains the right of demanding the property back when he pleases. It is called precarium because the person who re- ceived such permission usually obtained it by re- quest iprece), though request was not necessary to constitute precarium, for it might arise by tacit permission.' The person who received the deten- tion of the thing, obtained at the same time a legal possession, unless provision to the contrary was made by agreement. In either case the permission could at any time be recalled, and the possessio, which in its origin was justa, became injusta, viti- osa, as soon as restitution was refused. Restitution could be claimed by the interdictum de precario, precisely as in the case of vis ; and the sole founda- tion of the right to this iirterdict was a vitiosa pos- sessio, as just explained. The precarium was nev- er viewed as a matter of contract. The interdictum de precario originally applied to land only, but it was subsequently extended to movable things. The obligation imposed by the edict was to restore the thing, but not its value, in case it was lost, unless dolus or lata culpa could be proved against the de- fendant. {Vid. Culpa.) But from the time that the demand is made against the defendant, he is in mora, and, as in the case of the other interdicts, he is answerable for all culpa, and for the fruits or profits of the thing ; and generally he is bound to place the plaintiff in the condition in which he would have been if there had been no refusal. No excep- tions were allowed in the case of a precarium. ■The origin of the precarium is referred by Sa- Tigny to the relation which subsisted between a pationus and his cliens, to whom the patronus gave the use of a portion of the ager publicus. If the I. (Cic, Fro TuU., 29.)— 2. (Pro Cmoin., 8, 32.)— 3. {Pro C»- dn., 32.— Pro Tull., 44.)— 4 (Pro CiECin., 8, 32.)— 5. (Cic. ad Fun., IV., 16.)— 6. (Paulus, S. R., t., tf.t. 6, s. U.) 644 INTEREST OF MONEY cliens refused to restore the land upon demand tkg patronus was entitled to the interdictum' de pre. cario. As the relation between the patronus ani the cliens was analogous to that between a parent and his child, it followed that there was no contract between them, and the patron's right to demand tbp land back was a necessary consequence of the rel? tion between him and his cliens.' The precarinoi did not fall into disuse when the old ager publicai ceased to exist, and in this respect it followed the doctrine of possessio generally. {Vid. AoRARia Leges.) It was, in fact, extended and applied in other things, and, among them, to the case of pledge. {Vid. PlGNHS.) Gains" makes a third division of interdicta into simplicia and duphcia. Simplicia are those in which one person is the plaintiff ^/srtor), and the other is the defendant {reus) : all restitutoria and exhibitoria interdicta are of this kind. Prohihitoria interdicta are either simplicia or duplicia : they are simplicia in such cases as those, when the praetor forbids anything to be done in a locus sacer, in a flumen publicum, or on a ripa. They are duplicia as in the case of the interdictum uti possidetis and utrubi; and they are so called, says Gains, because each oi the litigant parties may be indifferently considered as actor or reus, as appears from the terms of the interdict.^ Interdicta seem to have been also called duplicia in respect of their being applicable both to the ao quisition of a possession which had not been had before, and also to the recovery of a possession. An interdict of this class was granted in the case of a vindicatio, or action as to a piece of land against a possessor who did not defend his posses- sion, as, for instance, when he did not submit to a judicium, and give the proper sponsiones or satiada- tiones. A similar interdict was granted in the caso of a vindicatio of an hereditas and a ususfructus. Proper security was always required from the per- son in possession, in the case of an in rem actio, in order to secure the plaintiff against any loss or in- jury that the property miglit sustain while it was in the possession of the defendant. If the defendant refused to give such security, he lost the possession, which was transferred to the plaintiff {pelil&r).* (For other matters relating to the Interdict, see Gaius, iv., 138-170. — Paulus, S. R., v., tit. 6.— Dig. 43 — Savigny, Das Recht des Besitzes, p. 403- 516. — Savigny and Haubold, Zeitschrift, vol. iii., p. 305, 358.) INTEREST OF MONEY. Under this head it is proposed to give an account of the conditions upon which money was lent among the Greeks and Romans. I. Greek Interest. At Athens, Solon, among other reforms, abolished the law by which a credit- or was empowered to sell or enslave a debtor, and prohibited the lending of money upon a person's own body {km rotg aujioaL firjSiva davei^siV'). No other restriction, we are told, was introduced by him, and the rate of interest was left to the discre- tion of the lender {to ipyvpiov oTaaiiiov elvai if b-Kotsut av ^ovXrirai A Savii^uv'). The only case in which the rate was prescribed by law was in the event of a man separating from liis lawful wife, and not refunding the dowry he had receired with her. Her trustees or guardians {ol Kvpiot) could in that case proceed against him for the principal, with lawful interest at the rate of 18 pel crnt. {Vid. Dos, Greek.) Any rate might be expressed or reprcsentod il 1. (Festua, 9. v. Patres.)- S. (iv., 156.)— 3. (GaiM, U., !(SO.V — 4 (Rudorif, Uelier das Intoidict Quern Fundum, Ac:, Ztit ■chrift, Td. ix.)— 5. (Plut., Sol., c. IS.)— 6. (Lyi. is ibftjn. 117.) mrEREST OF MONEY. INTEREST OF MONEY. wo different ways ; (1.) by the number of oboli or iraohmao paid by the month for every mina : (2.) by Ihe part nf the principal (jb apxdCov or Ke^aXatav) paid as interest, either annually or for the whole period of the loan. According to the former meth- od, which was generally used when money was lent upon leal security (t/ikoi lyyvoi or lyyeioi), dif- ferent rates were expressed as follows: 10 per cent, by brl Tthre ifo/lojf, i. e., 5 oboli per month for every mina, or 60 oboli a year = 10 drachmas = I'j. of a mina. Similarly, 12 per cent, by im ipaxi^y per month. 16 per cent, by ^t* oktu b6oXotc " 18 per cent, by hif hvvea oSo^oif " 24 per cent, by km Svai Spaxiialc " 36 per cent, by hirl rpial Spaxjial^ " 5 per cent, by im Tpirif) fiptLoboUiii, probably. (2.) Another method was generally adopted in cases of bottomry, where money was lent upon the ship's cargo or freightage {hid tu vaiXa), or the ship itself, for a specified time, commonly that of the voyage. By this method the following rates were thus represented : 10 per cent, by tokqi imSeKaToi, i. e., interest at the rate of a tenth ; 12i, 16|, ?0, 33^, by roKot hroySooif i^etcToi, eirlTrefznToi, and kiriTpiTOt, respect- ively. So that, as Bockh' remarks, the rd/tof fm- SeKaroi is equal to the im nivre b6o\ol( : The TOKOQ iiToySoos =^ the im dpax/iy nearly. " leKroc = the iir' oktu bSolot; " " ixive/iTTToe ^ the in' ivvia btoXol^ " " tmrpLTog = the im rpial ipaxiiaig " These nearly corresponding expressions are not to be considered as identical, however closely the rates indicated by them may approach each other in value ; although, in the age of Justinian, as Sal- masLUs' observes, the tokoi iiroydooi, or 12i- per cent., was confounded with the centesimm, which is exactly equal to the interest at a drachma, or 12 per cent. The rates above explained frequently occur in the orators ; the lowest in ordinary use at Athens being the tiS/coc imSiKaToi;, or 10 per cent., the high- est the To/tof imrpiroc, or 33J per cent. The latter, how-ever, was chiefly confined to cases of bottomry, and denotes- more than it appears to do, as the lime of a ship's voyage was generally less than a year. Its near equivalent, the im rpial dpax/iati, or 36 per cent., was sometimes exacted by bankers it Athens.' The iirl Spaxfty, or rate of 12 per sent., was common in the time of Demosthenes,* Slut appears to have been thought low. The inter- est of eight oboli, or 16 per cent., occurs in that or- Jltor ;' and even in the age of Lysias (B.C. 440) and IsiEus (B.C. 400), nine oboli for the mina, or 18 per cent., appears to have been a common rate.' .lEs- chines also' speaks of money being borrowed on the same terms ; so that, on the whole, we may conclude that the usual rates of interest at Athens about the time of Demosthenes varied from 12 to 18 percent. That they were nearly the same in range, and sim- ilarlj expressed, throughout the rest of Greece, ap- pears fiom the authorities quoted by Bockh.' No concl' isions on the subject of the general rate of in- terest can be drawn from what we are told of the exorbitant rates exacted by common usurers (toko- yW^oi, toculliones, r/iiepoiaveiaTai). Some of these' fixacted as much as an obolus and a half per day for each drachma ; and money-lenders and bankers in general, from tlie high profits which they real- ized, and the severity with which they exacted their dues, seem to have been as unpopular among their fellow-citizens as Jews and usurers in more moueiii times. Demosthenes,' indeed, intimates that the fact of a man being a money-lender was enough to prejudice him, even in a court of law, among the Atlienians {Miaovaiv ol 'ABr/vaToi tov( iaveiiovToi:). It is curious, also, to observe that Aristotle* objects, on principle, to putting money out at interest (ei- hiyirara /aaclrai i/ bBoTioaranK'^), as being a per- versioii of it from its proper use, as a medium of exchange, to an unnatural purpose, viz., the repro- duction or increase of itself; whence, he adds, comes the name of interest or toxoc, as being the offspring [to yiyvb/ihov) of a parent like itself. The arrangement of a loan would, of course, de- pend upon the relation between the borrower and the lender, and the confidence placed by one in the other. Sometimes money was lent, e. g., by the banker Pasion at Athens, without a security, oi written bond, or witnesses.^ But generally either a simple acknowledgment (xei-pbypaijiov) was given by the borrower to the lender (uzd. CHiRcoKAPBnM), or a regular instrument [iTvyypa(l>v), executed by both parties and attested by witnesses, was depos ited with a third party, usually a banker.* Wit- nesses, as we might expect, were also present at the payment of the money borrowed.* The secu- rity for a loan was either a viroBiJKri or an ivexypov ; the latter was put into the possession of the lender ; the former was merely assured to him, and gener- ally, though not always, consisted of real or immo- vable property. The ivixvpa, on the contrary, gen- erally consisted of movable property, such as goods or slaves.* At Athens, when land was given as security, or mortgaged {oiaia iirbxpeu(), pillars (bpoi or oT^Xat) were set upon it, with the debt and the mortgagee's name inscribed. Hence an unencum bered estate was called an aanKTov ;^upioc' {Vid. HoRoi.) In the rest of Greece there were public books of debt, hke the German and Scotch registers of mortgages; but they are not mentioned as hav- ing existed at Athens.' Bottomry (jb.vavTiKov, tokoi vavrmoi or inScait) was considered a matter of ao much importance at Atliens, that fraud or breach of contract in transac- tions connected with it was sometimes punished with death.' In these cases the loans were gener- ally made upon the cargo shipped, sometimes on the vessel itself, and sometimes on the money received or due for passengers and freightage {im tu vavTit/i). The principal (?« Jotrif, oiovtl Ifo S6ai('°), as well as the interest, could only be recovered in case the ship met with no disaster in her voyage {audelarn Tijf veuf") ; a clause to this effect being generally inserted in all agreements of bottomry or vavTindi avyypafdi. The additional risk incurred in loans of this description was compensated for by a high rate of interest, and the lenders. topk every precau- tion against negligence or deception on the part of the borrowers ; the latter also were careful to have witnesses present when the cargo was put on board, for the purpose of deposing, if necessary, to a bona fide shipping of the required amount of goods." Thr loan itself was either a Savuafia iTepoir^ovv, i. «., for a voyage out, or it was a'Suveiapa ufi^oTcpo- iT?.ow, i. e., for a voyage out and home. In the for- mer case, the principal and inlere.'it were paid at the place of destination, either to the creditor himself if he sailed in the ship, or to an authorized agent." In the latter case the payment was made on the re- turn of the ship, and it was specially provided in 1. (Pub.Econ. of Athens, i.,p. 166.)— 8. (DeM.TJ.)— 3. (Lys., Ptag.,B.)— 4. (c. Aph., 820, 16,)— 5. (o. Nicos., p. 1250, 18.)— 6. (IsEBus, De Hasm. htEteit,, p. 293.) — 7. (c. Timarch., p. 15.)— 6. (i., 176.)— 9. (theophmst., Charact., 6.) 1. (c. Pant., p. 981.) — 2. (Pol., i., 3, i 23.)— 3. (Demosth., o. Timoth., 14.)— 4. (Demosth., c. Lac, p. 927.-1(1., c. Phor., 908, 22.)-^. (Id.,c. Phor., 915, 27.)— 6. (Bockh, i., p. 172.— Waeh smuth, ii., 1, p. 225.)— 7. (Harpocrat., s. v.)— 8. (B6cUi, i.,p 172.)— 9. (Demosth., c. Phor., 92S, S.)~IO. (Harpocrat.)— II (Demosth., c. Zenoth., 883, 16.) — IS. (Demostb., c; Phor., ilS 13.) - 13. (Demosth., c. Phov., DOt, M •ndill*, 2».) 545 INTEREST OF MONEY. Ilie agreement between the contracting parties, that. «he should sail to some specified places only. A deviation from the terms of the agreement, in this or other respects, was, according to a clause usually inserted in the agreement, punishable by a fine of twice the amount of the money lent.' Moreover, if the goods which formed the original security were sold, fresh articles of the same value were to be shipped in their place.' Sometimes, also, the tra- der (o e/ijTopof) was himself the owner of the vessel (6 vavKlripoi), which in that case might serve as a security for the money borrowed.' The rate of interest would, of course, vary with the risla and duration of the voyage, and therefore we cannot expect to find that it was at all fixed. Xenophon* speaks of the fifth and third parts of the capital lent as being commonly given in bottomry, referring, of course, to voyages out and home. The interest of an eighth, or 12| per cent., mentiejied by Demosthenes,' was for money lent on s. trireme, during a passage from Sestos to Athens, but upon condition that she should first go to Hierum to convoy vessels laden with corn ; the principal and interest were to be paid at Athens on her arrival there.' The best illustration of the facts mentioned above is found in a vuvtikti avyypa^ii, given in the speech of Demosthenes against Lacritus. It contains the following statement and conditions. Two Athenians lent two Phaselitans 3000 drach- msB upon a cargo of 3000 casks of Mendean wine, on which the latter were not to owe anything else, or raise any additional loan {ov5' emiaveiaovTai). They were to sail from Athens to Mende or Scione, where the wine was to be shipped, and thence to the Bosporus, with liberty, if they preferred it, to continue their voyage on the left side of the Black Sea as far as the Borysthenes, and then to return to Athens ; the rate of interest being fixed at 225 drachmse in 1000, or 25 per cent, for the whole time of absence. If, however, they did not return to Hierum, a port in Bithynia close to the Thracian Bosporus,' before the early rising of Arcturus, i. e., before the 20th of September or thereabout, when navigation began to be dangerous, they had to pay a higher rate of 30 per cent., on account of the addi- tional risk. The agreement farther specified that there should be no change of vessel for the return cargo, and that, if it arrived safe at Athens, the loan was to be repaid within twenty days afterward, without any deductions except for loss by payments made to enemies, and for jettisons (hrc^sc ■kXtjv MoX^g, K. T. A.) made with the consent of all on board {ol av/iirloL) ; that, till the money was repaid, the goods pledged (to vnoKci/ieva) should be under the control of the lenders, and be sold by them, if payment was not made within the appointed time ; that if the sale -if the goods did not realize the re- quired amount, the lender might raise the remainder by making a levy (irpafif) upon the properly of both or either of the traders, just as if they had been cast in a suit, and became vTrtpfifiepoi, i. «., had not com plied with a judgment given against thom within the time appointed. Another clause in the agreement provides for the contingency of their not entering the Pontus ; in that case they were to remain in the Hellespont, at the end of July, for ten days after the early rising of the dog-star {jkm Kwi), discharge their cargo {i^cleadai) in some place where the Atheni- ans had no right of reprisals (&wov uv fui aiXai Shjl Totg 'ASrivaioLc;), (which might be executed unfairly, and would lead to retaliations), and then, on their mTERESl OK MONET. return to Athens, they were to pay the lower rate of interest, or 25 per cent. Lastly, if the vessel were to be wrecked, the cargo was, if possible, to be saved ; and the agreement was to be conclusive on all points. From the preceding investigation, it appeals, thai the rate of interest among the ancient Greeks waj higher than in modern Europe, and at Rome in the age of Cicero.' This high rate does not appear t« have been caused by any scarcity of money, for th( rent of land and houses in Athens and its neigh, bourhood was not at air proportional to it. Thus Isseus' says that a house at Thrife was Jet for onlj 8 per cent, of its value, and some houses at Melite and Eleusis for a fraction more. We should,there- fore, rather refer it to a low state of firedit, occa. sioned by a. variety of causes, such, as the division of Greece into a number of petty states, and the constitution and regulation of. the courts of law, which do not seem to have been at all favourable to money-lenders in enforcing their rights. Biickh assigns as an additional cause " the want of moral principles." II. Roman Interest. The Latin word for inter- est, fenus or faniis, originally meant any increase, and was thence applied, like the Greek ro/cof, to .de- note the interest or increase of money. " Ferns," says Varro,' " dictum afetu et quasi afeturd qunkm pecuniie parientis atque increscentis." The same root is fouiid in fecundus. Feniis was also used for the principal as well as the interest.* Another term for interest was usurffi, generally found in the plural, and also impendium, on wliich Varro' re- marks, " a quo (pondere) usura quod in sorte acctU- hat, impendium appellatum." Towards the close of the Republic, the interest of money became due on the first of every month ; hence the phrases tristes or celeres calendae and calendarium, the latter meaning a debt-book or book of accounts. The rate of interest was expressed ia the time of Cicero, and afterward, by means of the as and its divisions, according to the following table: Asses usurae, or one as per month for the use of one hundred . =12 per cent. Deunces usurae .... . . . U " Dextantes " 10 ". Dodrantes " 9 " Besses " 8 " Septunces " 7 " Semisses " 6 " Quincunces " 5 " Trientes " 4 " Quadrantes " 3 " Sextantes " ....... 2 " UncijE " 1 " Instead of the phrase asses usurae, a synonyme was used, vjz., centesimae usurae, inasmuch as at this rate of interest there was paid in a hundred months a sum equal to the whole principal. Hence binae centesimae =24 per cent., and quatemse cen- tesimae =48 per cent. So, also, in the line of Hor ace,' " Quinas hie capiti mercedes exsecat," we musl understand quinas centesimas, or 60 per cent., as the sum taken from the capital. Niebuhr' is ol opinion that the monthly rate of the centesimas wai of foreign origin, and first adopted at Rome in lh( time of Sulla. The old yearly rate established b; the Twelve Tables (B.C. 450) was the unciariun fenus. This has been variously interpretedto meai (1) one tweiith of the centesima paid monthly, i- «■ one per cent, per annum; and (2) one twelfth of th principal paid monthly, or a hundred per cent, pe I. (Demosth., c. Dionys., 1294.)— 2. (Demosth., o. Phorm., tm, 30.)— 3. (Demosth., c. Dionys., 1284, 11.)— 4. (IXcp! ndpuv : lii_ 7, 14.)— 5. (c. Polyd,, 1212 )— C. (BSolih, i , p. 181.)— 7. fwolfadLept., p. 259.) 546 1. (BSckh. i., p. 167.)— 2. (De Hagn. hired.. 88.)-3. (ap" Cell., xvi., ,12.)— 4. (Tacit., Ann., vi., 17.— Id. ib., liv., 53.)-:j (De ling. Lat., v., 183, ei. MOller;)- 6. (Sat., I., ii . M )- (Hist, of Rome, iii., p. 64.) INTEREST OF MONEY. INTEREST OF MONEY. annum. Niebuhr' refutes at length , the two opin- ions ; but it may be sufficient, to observe that one is inoonsistont with common sense, ijnd the other with the early history of the Republic. 'A third, and tatisfactory opinion is, as follows ; The uncia was the twelfth part of the as, and since the full (12 oz.) copper coinage was still in u,se at Rome when t^e Twelve Tables became law,, the phrase unciarium fenus wquld b? a natural exprpssion for interest of one ounpe in the pound ; i. e., a twelfth part of the Bum borrowed, or 8j per cent., not per month, but per year. This rate, if calculated for the, old Ro-. man year of ten months, would give 10 per cent, for the civil year of twelve months, which was in common use in the time of the deconayirs. The analogy of the Greek terms ro/cof, ini-piTOQ, &c., confirms this view, which, as Niebuhr observes, is not invtlidated by the admission that it supposes a. yearly, and not a monthly payment, of interest ; for, though in the later times of the Republic interest became due every month, there is no trace, of this, having been the case formerly." Nor is, it difficult to account for the change : , it prpbably was cpn- nected with the modifications made froiii time to time in the Roman law of debtor and creditpr(such as the abolition of personal slavery for debt), the natural effect of, which would be to make creditors more scrupulous in lending money, and more vigi- lant in exacting the, interest du,e upon it. If a debtor could not pay the principal and inter- est at the end of the year, he used to borrow money from a fresh creditor to pay off his old debt. This proceeding was very frequent, and called a " versu- ra,'" a word which Festus* thus explains ; " Versu- ram. facers, mutuam pecuniam sumere, ex eo dictum tat, quod initio qui mutuabantur db aliis, ut aliis sol- terent, velut vertercnt creditoreifi." It amounted to little short of paying compound interest, or an ana- tocismus anniversarius, another phrase for which was usuras renovatae; e. g-,, fientesimEe renovatae is twelve per cent, compound interest, to which Cice- ro' opposes centesimffi perpetiio fenore =12 per cent, simple interest. The following phrases are of common occurrence in connexion with borrow- ing and lending money at interest : " Pecuniam apud aliquem collocare," to lend money at interest ; "relegere," to qall it in again ; "cayere," to give security for it ; "pppbnere"or "oppohere pignori," to give as a pledge of mortgage : hence the pun in nitullus,^, " Furi, villula nostra mm ad Austri Flatus opposita est, nee, ad Favoni : Verum ad Tnillia quindecim et ducentos. ventum horribilem atque pestilentem." The word nomen is also of extensive use in money transactions Properly it denoted the name of a debtor, registered in a banker's or any other ac- count-book : hence it came to signify the articles of an account, a debtor, or a debt itself. Thus we have " bonum nomen," a good debt ; " nomina fa- cere," to lend moneys,' and also to borrow money .• Moreover, the Romans generally discharged debts through the agency of a banker (inforo et de mensa scriptura) rather than by a direct personal payment (cz area donwque) ; and as an order or undertaking for payment was given by writing down the sum to be paid, with the receiver's name underneath or alongside it,' hence came the phrases " scribere nummos alicui," to promise to pay ;'" " rescribere," to pay back, of a debtor-^' So also " perscribere," to give a bill or draught {perscriptio) on a banker 1. (1. c.)— 2. (Bein, Eomischo Privafrecht, p. 304.)— 3. (Com- pare Terencej Phoim., v., ii.,'iBO— 4. (s. t.)— 5. (ad Att., v., 21.) — «. (CSrm., 26.)— 7. (Cic. ad Fam., to., 23.)— 8. (Cic, De Ofif.; Hi., 14.)— 9. (Yid. Demosth., c. COiip., 123e.) — 10. (Plaut.; Isii; , IT., iv., 34.)-^lI (Ter., PhoTiri,, V., vii., 20.) .fpr payment, in ppppsit^o^ ,to, psiyment.by. readj money." , The Roman law of debtor and creditrr is given under Nexi. It is sufficient to remark here that the Liciniap laws (md. Liojnive Leges), by which tue grievances of debtprs were te a certain extent redressed, did net lay any restricticn pn the rate of int,er,est that might be legally demanded ; and it it , clear, frpijn various Circumstances,' that the scarcity of njoney at Roi^e after the taking of the city by the Gauls had either led to the actual abolition of the Pld uncivil ra.te {unciarium fehus) of, the Twelve Ta- bles, pr caused it.tp fall intp disuse. Nine years, hpwever, after the passing pf these la\ys,' the rate of the Twelve Tables was re-estabhslied, and any ihigher rate prnhibited by the bill {rogatio) pf the tribunes Diiilius aqd^senius, . ,'Still this liraitatien of the rate of interest did not enable debtors to pay the principal, and \yhat Taci- itus' calls the!,^ fenebre njalum" became at last so serious. that the. gpyernment thought it necessary ,to,intetfere,a.nd remedy, if possible, an evil so great and inveterate. , Accof,dingly, fourteen years after the passing of tlje Licinian laws, five commissipners were apppinted fpf this purppse under the title pf mensarii er bankers. .These epened ,their banks in the Fprum, and in the uame pf the treasury offered ready meriey.tp any debtnr.whp could give security . (cavere) to the state for it: merepver, they prdered that land and cattle shculd be received in payment pf debts at a fair valuatien, a regulatipn which Cae- sar adppted fpr a similar purpose,' By these means, Livy' tells us that a great amount of debt was sat- isfactorily liquidated. Five years afterward, the le- gal rate of interest, was still farther lowered to the " semunciarium fenus," or the twenty-fourth part of the whole sum {ad semuncias reda£ta ViSura'^) ; anG in B.C. 346 we i;ead of several usurers being pun- ished for a violation of the law,' by which they were subjected to a penalty of four times the amount of the loan.' But all these enactments were merely palliatives ; the termination and cure of the evU was something more decisive — neither more nor less than a species of, national bankruptcy — a gen- eral abolition of debts, or XP^'-'V cnroKOKv" This happened in B.C. 341, a year remarkable for politi- cal changes of great importance, and was follpwed up by the passing ef the Geniacian laws, which for- bade the taking of usury altogether." A law like this, however, was sure to be evaded, and there was a very simple way of doing so ; it only affected Roman citizens, arid therefore the usurers granted loans, not in the name of themselves, but of the Latins and allies who were not bound by it." To prevent this evasion, the Sempronian law was pass- ed (B.C. 194), which placed the Latins and allies on the same fopting, in respect pf lending mpney, as the full Reman citizens. At last, after many futile attempts tp prevent the exaotipn pf interest at any rate and in any shape, the idea was abandpned al- tpgether, and the centesima, cr 12 per cent, per an- num, became the legal and recognised rate. Nie- buhr," as we have already observed, is of opinion that it was first adppted at Rome in the time pf Sulla ; but whether it becarne the legal rate by any special enactment, cr frpm general cpnsent, dees not appear. Seme writers have inferred" that it- was first legahzed by the edicts pf Jhe city praetors, an inference drawn frpm the general resemblance between the preetprian and procpnsular edicts, cpnpled with the fact that some proconsular edicts 1. (Cic. adAtt., iii.,51 ; xvi., 2.)— 2. (Niebuhr, fl., p. C03.)— 3. (Lit., vii., 16.)— 4. {Aim., vi., 16.)— 5. (Suet., Jul., 42.)— 6 (vii., 21.)— 7. (Tacit., Ann., vi., 16.)— 8. (Liv., rii., 28.)— 9, (C* to, De He Rust, init.)— 10. (Niebnl^, iii., p. 77.)— 11. (I,iT.,-iii, 42.)— 12. (Lit., ixxT.; 7.)— 13. (iii,, p. 64)— ]4. (Heiiieco., !ii ; 647 INTERREX. INTUBUM. »re exiant, by which the centesiraa is fixed as the legal rate in proconsular provinces {in edicto tralati- tio centesimas me ohservaturum habw^). Whether this supposition is true or not, it is admitted that the centesima, or 13 per cent., was the legal rate to- wards the close of the Republic, and also under the emperors. Justinian reduced it to 6 per cent.' In cases of fenus nauticum, however, or bottom- ry, as the risk was the money-lender's,' he might demand any interest he liked while the vessel on which the money was lent was at sea; but after she reached harbour, and while she was there, no more than the usual rate of 13 per cent, or the cen- tesima could be demanded. Justinian made it the legal rate for fenus nauti- cum under all circumstances.' INTERPRES, an Interpreter. This class of persons became very numerous and necessary to the Romans as their empire extended. Embassies from foreign nations to Rome, and from Rome to other states, were generally accompanied by inter- preters to explain the objects of the embassy to the respective authorities.* In large mercantile towns, the interpreters, who formed a kind of agents through whom business was done, were sometimes very numerous, and Pliny' states that at Dioscurias in Colchis, there were at one time no less than 130 persons who acted as interpreters to the Roman merchants, and through whom all their business was carried on. All Roman praetors, proconsuls, and quaestors, who were intrusted with the administration of a province, had to carry on all their official proceed- ings in the Latin language ;' and as they could not be expected to be acquainted with the language of the provincials, they had always among their ser- vants (vid. Appakitores) one or more interpreters, who were generally Romans, but in most cases undoubtedly freedmen.' These interpreters had not only to officiate at the conventus [vii. Conven- Tus), but also explained to the Roman governor everything which the provincials might wish to be laid before him.' INTERREGNUM. (Vii. Interrex.) INTERREX. This office is said to have been instituted on the death of Romulus, when the sen- ate wished to share the sovereign power among themselves instead of electing a king. For this purpose, according to Livy," the senate, which then consisted of one hundred members, was divided into ten decuries, and from each of these decuries one senator was nominated. These together formed a board of ten, with the title of Interrei es, each of whom enjoyed in succession the regal power and its badges for five days ; and if no king was ap- pointed at the expiration of fifteen days, the rota- tion began anew. The period during which they exercised their power was called an Interregnum. Dionysius" and Plutarch" give a different account of the matter, but that of Livy appears the most probable. Niebuhr" supposes that the first inter- reges were exclusively llamnes, and that they were the decern primi, or ten leading senators, of whom the first was chief of the whole senate." The interreges agreed among themselves who -ahould be proposed as king," and if the senate ap- proved of their choice, they summoned the assem- bly of the curiae, and proposed the person whom 1. (Cio. ad Att., v., 21.)^2. (Heineco., iii., 16.)— 3. (Hcinecc, i. o.)— 4. (Cic, De Divin., li., 64.— Id., De Fin., v., 29.— Plin., a. N., XXV., 2.— Gell., xvii., 17, 2.— Liv., xxvii.,43.)— 5. (H.N., fi., 5.)— 6. (Val. Max., ij., 2, « 2.)-7. (Cic, Pro Balb., 11.)— 8. (Cic. ;r. Verr.. iii.. 37.— Iii ad Fam., xiii., S4. — Cies., Bell. Gall., L, 19. —Compare Dirliscn, Civil. Aliliandl., i., p. 16, &c.)— 9. (i., 17.)— 10. (ii.,S7.)— 11. (Numa,2.)— 12.(Hiat.ofRome, i., p. 134 ; ii., p. 1 1 1.)— 13. (Compare Walter, Gesch. des Rjim. Rechti, 22 )— 14. (Dionys., iv., 40, SO.) S48 they had previously agreed upon ; the piwer cf tlii curiae was confined to accepting or rejecting him. The choice ^f the senate was cs&edi. patrum auctmi- tasi^ the putting of his acceptance or rejection to the vote in the curiae, rogare ;" and the decree of the curiae on the subject, jussus populi.' Interreges were appointed under the Republifi foi holding the comitia for the election of the conSljla, when the consuls, through civil commotions ot other causes, had been unable to do so in their year of office.* Each held the office for only five days, as under the kings. The comitia were hardly eve? held by the first interrex ; more usually by the second or third ;' but in one instance we read of an elev- enth, and in another of a fourteenth interrex.!^ The comitia for electing the first consuls were held by Spurius Lucretius as interrex,' whom Livy" calle also frafectus urbis. The interreges under the Re- public, at least from B.C. 483, were elected by the senate from the whole body, and were not confined to the decem primi, or ten chief senators, asunder the kings." Plebeians, however, were not admissi- ble to this office ; and, consequently, when plebe- ians were admitted into the senate, the patrician senators met without the plebeian members to elect an interrex." For this reason, as well as on ac- count of the influence which the interrex exerted in the election of the magistrates, we find that the tribunes of the plebs were strongly opposed to the appointment of an interrex." The interrex had ju- risdictio." Interreges continued to be appointed occasionallj till the time of the second Punic war ;" but after that time we read of no interrex till the senate, by command of Sulla, created an interrex to hold the comitia for his election as dictator, B.C. 83." In B.C. 55 another interrex was appointed to hold t)i( comitia, in which Pompey and Crassus were ekiA ed consuls ;" and we also read of interreges in B.C. 53 and 53, in the latter of which years an interrej held the comitia, in which Pompey was appointed sole consul." INTE'RULA. {Vid. Tunic.*.) INTESTA'BILIS. In the Twelve Tables itwai declared " gui se sierit testarier liiripcnsve fuerit, m testimonium farialur, improbus intesiabitisguc eslo,"" According to these passages, a person who had been a witness on any solemn occasion, such as the making of a will, and afterward refused to give his testimony, was " intestabilis," that is, disquali- fied from ever being a witness on any other occa- sion. The word afterward seems to have had its meaning extended, and to have been used to ex- press one who cauld not make a will, and who la- boured under a general civil incapacity." INTESTA'TO, HEREDITA'TES AB. (Vid Heres, Roman, p. 497.) INTESTA'TUS. {Vid. Heres, Roman, p. 497.) »INT'UBUM or INT'YBUM, a plant, of wMch two kinds, the wild and the cultivated, are men- tioned by the ancient writers. The former is the Cichorium, or Intubum crraticum of Pliny," our biitet Succory, or the Cichorium Intybus of lAnamxiS \ the latter is Pliny's Intubum sativum, called also 2£0it, 1. (Cic, De Hep., ii., 13.— Liv., i.,22.)— 2. (Cic, DeKop.,ii.| 17.)— 3. (Cic, De Eep., ii., 13, 21.— Liv., i., 22.)— 4. (Dionn, viii., 00.— Liv., iv., 43, vov of Theophrastus. Stackhouse proposes he Lavendula spica, or Spike Lavender.' »IPS (Jiili), an insect mentioned by Theophrastus, nost probably the same as the Cynips, L. " The Jynipes," observes Adams, " pierce the leaves of )lants with their sting, and deposite their eggs in he wound : the extravasated juices rise round it, uid form a gall which becomes hard ; in this the arva lives and feeds, and changes to a pupa. In his country, the gall most common is that found on he Rosa canina. It is worthy of remark, that the p-ammarians Ammonius and Cyrillus restrict this erm, to the Cynips of the Vine andCarob-nut («£po- riuv, so I propose to read instead of KEpdrav).'" IREN. (Kirf. EiKEN.) *IRIS (Ipif), a plant, the Iris. The description fiven of its flowers by Dioscorides makes them of riu-ious colours, white, yellow, purple, &c., from iVhich it would clearly appear that under this name 1 sre comprehended more than one species of Iris. Sprengel thinks that the Iris Germanica and Floren- ina are more particularly applicable to the descrip- ion of Dioscorides. Adams states that, as long as he Galenical Pharmacopoeia continued in repute in France, the Iris Florenlina was invariably substitu- ed for the ancient Iris.* 1. (Gcorg., i.; 120.)— a. (FSe, Flore de Virgile, p. lax., &o.)— I. (H. P., i., 13 ; iii., 18.)— 4. (iv., 120.)— 5. (Adams, Append., I. v.).r-6. {Theophra8t.,H. P., i., 9 ; vi., 6, 8. — Adams, Append., I. v.;— 7. (Theophra-st., H. P., vi., 7 ; vii., 12.)— 8. (Theophrast., i. P., viil.. 10. -Adams, Append., s. v.) — 9. (Tlieophrast., I. P.,-i,. 7; iv., 5, iic, — Diosc.or., i., 1.— Adums, Append., I.V.) ISTHMIAN UAMES. IRPEX, HIRPEX, or URPEX,' a Hanow, used to clear the fields of weeds, and to level and break down the soil. The harrow of the ancients, like ours, had iron teeth, and was drawn by oxen.' ♦IS'ATIS (luffiTif), a plant, the Glastum of the Lat- ins, and the modern Woad, yielding a beautiful blue dye. {Vid. Glastum.) ISELA'STICI LUDI. {Vid. Athlete, p. 120.) ISOPOLITEIA. {Vid. Civitas, GreeS, p. 259.) *ISOP'YRON {Iconvpov), a plant, probably the Bog Bean, or Menyanthes trifoliata. " From the account of Galen and Paulus jEgineta," observes Adams, " it might be taken for the Kidney Bean or Fasel, hut.Dioscorides clearly distinguishes between these. , Dodonasus advanced the opinion that the Menyanthes trifoliata, or Bog Bean, is the laonvpav of Dioscorides ; but, as Sprengel remarks, its bo- tanical characters do not agree with those of the Isopyrum as given by Dioscorides. At the same time, it is worthy of remark, as a singular coinci- dence, that the Bog Bean is still used by the com- mon people in Scotland for the cure of those com- plaints for which Dioscorides recommends the Iso- pyrum. The opinion of Dodonaeus is farther coun- tenanced by Bauhin."' ISOTELEIA, ISOTELEIS. (Vid.CmiAt, Greek, p. 259.) ISTHMIAN GAMES {'loBiita), one of the fata great national festivals of the Greeks. This festi- val derived its name from the Corinthiar. Isthmus, where it was held. Where the isthmus is narrow- est, between the coast of the Saironic Gulf arid the western foot of the CEnean hills, was the Temple of Poseidon, and near it was a theatre and a stadi- um of white marble.' The entrance to the temple was adorned with an avenue of statues of the vic- tors in the Isthmian games, and with groves of pina- trees. These games were said originally to have been instituted by Sisyphus in honour of Melicertes, who was also called Palaemon.' Their original mode of celebration partook, as Plutarch' remarks, more of the character of mysteries than of a great and national assembly with its various amusements, and was performed at night. Subsequent to the age of Theseus, the Isthmia were celebrated in honour of Poseidon; and this innovation is as- cribed to Theseus himself, who, according to some legends, was a son of Poseidon, and who, in the in- stitution of the Isthmian solemnities, is said to have imitated Heracles, the founder of the Olympian games. The celebration of the Isthmia was hence- forth conducted by the Corinthians, but Theseus had reserved for his Athenians some honourable distinctions : those Athenians who attended the Isthmia sailed across the Saronic Gulf in a sacred vessel (iJttipjf), and an honorary place {rrpoeSpia), as large as the sail of their vessel, was assigned to them during the celebration of the games.' In times of war between the two states, a sacred truce was concluded, and the Athenians were invited to attend at the solemnities.' The Eleans did noj take part in the games, and various stories were related to account for this singular circumstance.' It is a very probable conjecture of Wachsmuth,-' that the Isthmia, after the changes ascribed to The- seus, were merely a panegyris of the lonians of Peloponnesus and those of Attica ; for it should be observed that Poseidon was an Ionian deity, whc se worship appears originally to have been unknown 1. (Cato, De Re Rnst., 10.)— 2. (Festus, s. v.— Serv. in Virg., Georg., i., 95. — Varro, De Ling. Lat., v., 31, ed. Spengel.)- 3. (Dioscor., iv., IIO.^P. JEgia., vii., 3. — Bauliin, Pinax, p. 637, — Adams, Append., s. v.) — 4. (Pans., ii., 1, ^ 7.— Strah,, viii., 6, p. 196. — Compare p. 214, ed. Tauchnitz.) — 5. (Apollod., iii., 4i 3.— Pans.; ii., 1, 3.)— 6. (Ties., 25.)- 7. (Pint., 1. c.)— «. (Thu cyd., viii., 10.)— 9. (Pans. ', 2, 4 2.)— 10. (HeJlen. Altrrth , L, i.,p. 827.) 649 ISTHMIAN GAMES. JUDEX. to the DoriaTis. During the reign of the Cypselids at Corinth, the celebration ci the Isthmian gaiiies was suspended ror seventy years.' But after this time they gradually rose to' the rank of a national festival of all the Greeks. In Olymp. 49 they be- came periodical,' and were henceforth celebrated regularly every third year, twice in every Olympi- ad, that is, in the first and third year of every Olym- piad. The Isthmia held in the first y6ar of an Olympiad fell in the Corinthian month ' Panemiis (the Attic Hecatombaebn) ; and those which were held in the third year of an Olympiad fell either in the month of Munychion or Thargelion.' Pliny* and Solinus* erroneously state that the Isthmia were celebrated every fifth year. With this regii^ larity the solemnities continued to be held by' the Greeks down to a very late period. In 228 B.C.,' the Romans were allowed the privilege of taking part in the Isthmia ;' and it was at this solemnity that, in 196 B.C., Flaminius pr-oclaimed before an innumerable assembly the independence of Greece.* After the faiU of Corinth in 146 B.C., the Sicyonians were honoured with the privilege of conducting the Isthmian games; but when the town of Corinth was rebuilt by J. Caesar,' the right of conducting the solemnities was restored to the Corinthians, and it seems that they henceforth continued to be celebrated till Christianity became the state-religion of the Roman Empire.' ' The season of the Isthmian solertiitieS was, like that of all the great national festivals, distinguished by general rejoicings and feasting. The contests and games of the Isthmia were the same as those at Olympia, and embraced all the varieties of ath- letic performances, such as wrestling, the pancrati- um, together with hhrse and chariot racing.' Mu- sical and poetical contests were likewise carried on,' and m the latter women Were also allowed to take part, as we rtiust Infer from Plutarch,'" who, on the authority of Polemo, states, that in the treasury at SiCyrtn there was a golden book, which had been presented to It by AHstomache, the poetess, after she had gained the victory at the Isthmia. ' At a late period of the Roman Empire, the character' of the games at the Isthmia appears greatly 'altered; for in the letter of tlie Emperor Julian above re- ferred to, it Is stated that the Corinthians pilrohased' bears and panthers for the purpose of exhibiting their tights at the Isthmia, and it is not improbable that the custom of introducing fights of aniinals on this occasion commenced soon after the time of Caesar. The prize of a victor in the Isthmian games con- sisted at first of a garland of pine-leaves, and after- ward of a wreath of ivy ; but in the end the ivy was again superseded by a pine garland." Simple as such a reward was, a victor in these games gained the greatest distinction and honour among his coun- trymen ; and a victory not only rendered the indi- vidual who obtained it a subject of admiration, but shed lustre over his family, and the whole town or community to which he belonged. ' Hence Solon established by a law, that every Athenian \Vho gain ed the victory at the Isthmian games sliould receive firom the public treasury a reWard of one hundred drachmae.'" His victory was generally celebrated in lofty odes, called Epinlkia, or triumphal odes, of which we still possess Sbiiie beautiful specimens among the poems Of Pindar. (See Massieu in the Mim. de I'Acad. des Inscnpt. et Bell. Lett., v., p. 214, c&c. — Dissen, . De Ratione Poetica Carminum 1. (SgUd., c. 13.)— 2. (Corsini, Dissert. Agon.,' 4.— Compare Oalltr ad Thucyd., viii., 9.)— 3. (H. N., iv., 5.)— 4. (o. 9.)— 1 (Polyt.; ilj, ISD-B. (Polylj.,' xviii., a9.)-7. (Paus., «., 1, ^ 2. — ;Id., ii., S, ^ 2.)— 8. (Siiet.; I^er., S4.— Julian Impeiat., Epist., 35.)— 9. (Pans., ".,2,1, 4.-jPbly1i'.,' 1. c.)— 10. (Sympos., vj, 2.)_ 11 (Plat., Sympos., v., 3.)— 13. .'Pint., Sol., 23.) 550 Piniaricorum, prefixed to the first volume' of bg editibrt of Pindar, and Miiller, i?ii«. of Greek-Lil,,. p. 220, &c.) ITA'LIA. ( Vid. CoLONiA, p. 282.) ITER. (TjU'Seevitutes.) '« JUDEX, JUDICIUM. A Roman magist^uj generally did not investigate the'facts in diSpBJtijij ■su'eh mattei's as were brought before him: heap, pointed a judex for that purpose, and gave him in- structions. (Fiii. Actio.) Accordingly, the whoh of civil procedure was expressed by the two phrases jus and judioiurn, of which the former cbmprehend- ed all that took place before the maglsfratus (in jure), and the latter all that took place before the judex (injudicio). Originally even the magistratus was Called judex, as, for instance, the consul and praetor;' and under the Empire the term judex often designated the praeses.' In the intermediate period it designated a person whose functions may be generallly understood from what follows. In many cases a single judex was appointed; in others, several were appointed, and they seem to have been sometimes called recuperatores, as op- posed to the sfngie judex." Under certain cirSiim. stances, the judex was called arbiter: thus judej! and arbiter are named together in the Twelve Ta- bles.' ' A judex, when appointed, was bound to discharge the functions of the office, unless he had some vaM excuse (excuscUio). A person might also be disqual- ified from being a judex. There were certain sea- sons of the year when legal business was done at Rome {cum res agebantut*), and at these times the services of the judices were required: These legal terms were regulated according to the seasons, so that there were periods of vacation :' in the provin- ces, the terms depended oh the conventus. A ju- dex was liable to a fine if he was not in attendance when he was required. In any given case; the liti- gant parties agreed upon a judex, or accepted him whom the rriagistratus' proposed. A party had the power of rejecting a proposed judex, though tiiere must have been some lirnit to this power.' In cases where one of the litigant parties was a peregrlnus, a- peregrinus might be judex.' The judex was sworn to discharge his duty faithfully.' When Italy had received its organization from the Romans, the inagistratus of the several cities had jurisdictio, and appointed a judex as the prsetor did at Rome (lex Rubria de Gallia Cisalpinu). In the province^, the governors appointed a judex or recuperatores, as the case might be, at the conven- tus which they held for the administration of jus- tice ; and the judex or recuperatores were selected both from Roman citizens and natives. ■When the judex was appointed, the proceedings in jure or before the praetor were terminated, which was sometimes expressed by the term Litis Covin- tatio, the phrases Lis Conlcstata and Judi ium At- ceprttnt being equivalent in the classical jurists. {Vid. Litis Contestatio.) The parties appeared before the judex on the third day {carrpereniimtio), unless the praetor had deferred the judicium foJ some sufficient reason. The judex was generally aided by ttS.\\sers {jurisconsuUi) learned In the law, who were said " in consllio adesse ;'" but the judex alone was empowered to give judgment. The mat- ter waS first briefly stated to the jiidex {cmsa cm- jeelio, coUectio), and the advocates of each party supported his cause in a speech. The evidence seems to have been given at the same time that the ,1. (Liv., iii., 55.)— 2. (Gains, iv., 104-109.)— 3. (Dirksen, Ue- bevsioht, ,sconius, who ex- plains them in terms which are v( ry far from being clear. A lex Judiciaria of Julius Caesar took away the decuria of the tribuni ovarii, and thus reduced the judices to two classes (genera, the yivTi of Dion Cassius). A lex judiciaria, passed after his death by M. Anton ius, restored the decuria of the tribuni aerarii, but required no pecuniary qualification from them : the only qualification which this lex required was, that a person should have been a centurion or have served in the legions. It appears that the I. (Grtttling, Geschichte tier RUni. Staataverfassung, p. 425.) — J.-tCic. in Verr., Aiit.Prim., o. 13.)— 3. (Ann., xii,, 60 )— 4. TZXTUi., B ) . 4A . hundred heredia a eenturia, and four centurice a saU tas. These divisions were derived from the origii hal assignment of landed property, in which twt)';». gei-a were given to each citizen as heritable prop, erty.* *JUGLANS, the Wallnut, or Juglans tegia, L., the same with the Kdpvov or napia of the Greeks, (Vid. Caryum.) JUGUM (fi/ydf,' ftiyov) signified, in general,' that which joined two things together. It denoted more especially, 1. The transverse beam which united the upright posts of a loom, and to which the warp was attach- ed." (7td. Tela.) 2. The transverse rail of a trelhs,' joining tho upright poles (perlica, x— 3. (Dtp.) Frag., xxviii., tit. 7.— Dion Cass., liv., 16.- Id., i.., 1, *e.-' Tacit., Ann., iii., 25.)— 4. (Dig. 22, tit. 2, s. 10.)— 5. (Dig, 3\ tit. 1, s. 63.)— «. (Ulp., Frajf., xvii,, tit. I,)- T Oilp , Fiat, xiv.) JULI^ LEGES. TORE CESSIO. by a eenatus consultum Femicianutn. A senatus consultum Claudianum so far modified the strict- ness of the new rule as to give to a man who mar- ried above sixty the same advantage that he would have had if he had married under sixty, provided he married a woman who was under fifty ; the ground of which rule was the legal notion that a woman under fifty was still capable of having chil- dren." If the woman was above fifty and the man under sixty, this was called impar matrimonium, and by a senatus consultum Calvitianum it was en- turely without effect as to releasing from incapacity to take legata and dotes. On the death of the wom- an, therefore, the dos became caduca. By the lex Papia Poppasa a candidate who had several children was preferred to one who had few- er.' Freedmen who had a certain number of chil- dren were freed "operarum olligatione ;'" and liber- tse who had four children were released from the tutela of their patrons.' Those who had three children living at Rome, four in Italy, and five in the provinces, were excused from the office of tutor or curator.' After the passing of this lex, it be- came usual for the senate, and afterward the em- peror {princeps}, to give occasionally, as a privilege, to certain persons who had not children, the same advantage that the lex secured to those who had children. This was called the jus liberorum. Pliny says' that he had lately obtained from the emperor for a friend of his the jus trium liberorum.' This privilege is mentioned in some inscriptions, on which the abbreviation I. L. H. (jus liberorum habetu) some- times occurs, which is equivalent to "jura parentis habere." The Emperor M. Antoninus provided that children should be registered by name, within thirty days after their birth, with the praefectus oerarii Sa- lurni.' The lex also imposed penalties on orbi, that is, married persons who had no children {gui libcros non habenl^), from the age of twenty-five to sixty in a man, and from the age of twenty to fifty in a woman. By the lex Papia, orbi could only take one half of an hereditas or legatum which was left to them." It seems that an attempt had been made to evade this part of the lex by adoptions, which a senatus consultum Neronianum declared to be inef- fectual for the purpose of relieving a person from the penalties of the lex." * As a general rule, a husband and wife could only leave to one another a tenth part of their property ; but there were exceptions in respect of children ei- ther born of the marriage or by another marriage of one of the parties, which allowed of the free dispo- sal of a larger part. This privilege might also be acquired by obtaining the jus liberorum." JULIA LEX PECULA'TUS. ( Vid. Peculatbs.) JULIA LEX ET PLAUTIA, which enacted that there could be no usucapion in things obtained by robbery (d! possessce). The Twelve Tables had al- ready provided that there could be no usucapion in stolen things." This lex was probably passed B.C. S9. JUTJA LEX DE PROVI'NCIIS. (Vid. Peo- xi'smx.) JULIA LEX REPETUNDA'RUM. rEu0o.c.,). S5!i JURISCOMStlLTI. JURISCONSULTI. A.n hereditas could be transferred by this process eid. Heres, Roman, p. 500) ; and the res corpo- rales, which belonged to the hereditas, passed in this way just as if they had severally been trans- ferred by the in jure cessio. The in jure cessio was an old Roman institution, »nd there were provisions respecting it in thei Twelvfi Tables.' JURISCONSULTI or JURECONSULTI. The origin among the Romans of a body of men who were expounders of the law may be referred to the ieparntion of the jus civile from the jus pontlficium. (Vid. Jas Civile, Flavianhm.) Such a body cer- tainly existed before the time of Cicero, and the persons who professed to expound the law were called by the various names of jurisperiti, jurispon- sulti, or consulti simply. They were also desig- nated by other names, as jurisprudentes, pruden- tiores, peritiores, and juris auctores. Cicero" enu- merates the jurisperitorum auctpritas among the component parts of the jus civile. The definition of a jurisconsultus, as given by Cicero,' is a " per- son who has such a knowlege of the laws {leges) and customs {consuetudo) which prevail in a state as to be able, to advise {respondendum), apt (agendum), and to secure a person in his dealings {catendum) : Sextus MWns Catus {vid. Jus ^lianum), M. Man- lius, and P. Mucins are examples." In the oration Pro Mursna, Cicero uses " scribere" in the place of " agere." The business of the early jurisconsul- ti consisted both in advising and acting on behalf of their clients {consultores) gratuitously. They gave their advice or answers {responsa) either in public places which they attended at certain times, or at their own houses ;* and not only on matters of law, but on anything else that might be referred to them The words " scribere" and " Pavere" re- ferred to their employment in dravving up formal instruments, such as contracts or wills, &c. At a later period, many of these functions were per- formed by persons who were paid by a fee, and thus there arose a body of practitioners distinct from those who gave responsa, and who were wri- ters and teachers. Tiberius Coruncanius, a plebe- ian, who was consul B.C. 281, and also pontifex maximus, is mentioned as the first who gave ad- vice publicly {publice professus est), and he was distinguished both for his knowledge of the law and his eloquence. He left no writings. Long be- fore the time of Cicero the study of the law had be- come a distinct branch from the study of oratory, and a man might raise himself to eminence in the Bta*'? '>y His reputation as a lawyer, as well as by his orawricdl power or military skill. There were many distinguished jurists in the last two centuries iDf the republican period, among whom are M. Ma- nilius; P. Mucins Scavola, pontifex maximus (B.C. 131) ; Q. Mucins Scaevola, the augur ; and Q. Mu- cins Scjevola, the son of Publius, who was consul B.C. 95, and afterward pontifex maximus, and one of the masters of Cicero (jurisperilorum eloquentissi- mus, eloquentium jurisperitissimus^). This Scaevola the pontifex was considered to have been the first who gave the jus civile a systematic form, by a treatise in eighteen books.' Servius Sulpicius Ru- fu3, the friend and contemporary of Cicero,' was as great an orator as the pontifex Scaevola, and more distinguished as a jurist. Many persons, both his predecessors and contemporaries, had a good prac- tical knowledge of the law, but he was the first who handled it in a scientific manner, and, as he had both numerous scholars and was a voluminous wri- ter, we may view him as the founder of that method- 1. (Frag. Vat., i 50.— Gaius, ii., 24.^tllp., Frag., tit. 19, b. 9.) — t. (Tor ., 5,)— 3. (De Or., i., 48.)— 4. (Cic, De Or., iii.. 33.1 -». (Oic , De Oi , i., 30 >— 6 (Dig. J, tit. 2, s. 2, ( 41.) — (. drat., 7, 40.) 558 ical treatment of the matter of law wliiph Chirac, terizedthe subsequentJloman jurists,' and ip'syhich they have been seldom surpassed. The jurists of the imperial times are distinguish- ed from those of the republican period by two cir- cumstances, the jus respondendi, and the rise of two spots or schools of law. It is said that Augustus determined that the ju. risconsulti should give their responsa under hie sanction {ex avctoritale ejus lesponderent), and, ac- cordingly. Gains' speaks of the responsa and opin, iones of those jurists " quiius permissum est jun condere." The object of Augustus was probably to obtain, by this indirect method, that control over the administration of the law which he could not obtain in any other way. It does not appear that the jurists who had not obtained this mark of iinperial favour were excluded from giving opinions ; but the opinions of suph jurists would havp Jittle weight in comparison with those of the privileged class. The unanimous ppinipp of the jurists was to have the force of law (legis vicern) '■ if they were not unanimous, the judex might foJloAjv which opinion he pleased. Gaius refers the establishment of this rule to a rescript of Hadrian ;' but it seems probable that this rescript must be r^ather considered as con- firmatory of the established practice. The consti- tution of this body of jurists, and thp mode of pro- ceeding as to taking their opinions, are not known. It is a; reasonable conjecture that, they formed a kind of college ; otherwise, it is not easy to suppose how the opinions were taken. The power of, ma- king or declaring the law was limited to a decision in the cases which came before them, which, how- ever, would doubtless be received as law in all ca- ses of the same kind, and would serve as a guide in cases of a similar kind. The earlier juriscodsulti gave their opinions either orally or in writing; but in the time of Tiberius probably, the jurists, that i^ the privileged jurists, gave their answers " signata," that is, in an official form. The mattpr proposed for the opinion of the jurisconsuiti was sometimes stated in the responsum, either fully or briefly ; and the responsum itself was sometimes short, some: times long ; sometimes it contained the grounds of the opinion, and sometimes it did not, which cir- cumstance, however, did not invalidate, its force.* In the time of Augustus there arose two schools {scholte) or sects of jurists, the nominal beads o£ which were respectively Ateius Capita and Antis- tius Labeo, while, in fact, they derived their name and reputation from the two most distinguished teachers connected with them, Sabinus and Proeu- lus. The followers of Labeo, whom we know with certainty to have been such, were Nerva, Proculus, Nerva the son, Pegasus, Celsus, Celsus the son, and Neratius Priscus. The followers of Capito were Massurius Sabinus, C. Cassius Longinus, Longinus Coelius Sabinus, Priscus Javolenus, Aburnus Yalens Tuscianus, Gaius (OT(J,.,lNSTiTaTioNEs), and probably Pomponius. But the schools did not take their names from Labeo and Capito. The followers of Labeo were named Proculiani from Proculus. The followers of Capito derived their name of Sabmiani from Massurius Sabinus, who lived under Tiberius, and as late as the reign of Nero : they were some- times also called Cassiani, from C. Cassius Longi- nus. It is not easy to state with precision the differences which characterized the two schools. Whatever may have been the origin of these differ- ences, which may, perhaps, be partly referred 1o the personal character of Capito and Labeo, the schools were subsequently distinguished by a difference in their manner of handling the matter of the law. 1. (Cic., Brut,, 41. — Dig. 1, tit. 2, s. 2, i 43.)— 2. (i., 7 ) - ; & (i., 7.)— 4. (Brifison, De'Form., iii., c. 83-.87.> JDRISDICnO. JUS. The school of Capito adhered more closely to what was established, and to the letter of what was written. Labeo was a man of greater acquire- ments than Capito, and his school looked more to the internal meaning than to the external form, and thus, while apparently deviating from the letter, they approached nearer to true results, though the strict logic of this school might sometimes produce a. result less adapted to general convenience than the conclusions of the Sabiniani, which were based en the prevailing notions of equity. The jurisconsulti were both teachers and writers. Their writings consisted of commentarii on the Twelve Tables, on the Edict, on particular leges, more especially on some of the Juliae leges, and on other special matters. The later jurists also com- mented on the writings of the earlier jurists. They also wrote elementary treatises {elementa, commen- tarii), such as the Institutiones of Gaius, which is the earliest work of the kind that we know to have been written ; books called Regulae and Definitio- nes, which probably were collections of principles of law ; collections of cases and answers, under the various names of responsa, epistote, sententisa, and opiniones ; systems of law ; and various works of a miscellaneous character with a great variety of names, such as disputationes, qusesliones, enchi- ridia, res quotidianae, and various other titles. The juristical writers were very numerous : they formed a continued series, beginning with those al- ready enumerated, and ending, about the time of Alexander Severus, with Modestinus, who was a pupil of Ulpian. With the exception of the frag- ments preserved in the Digest, this great mass of literature is nearly lost. (Vid. Pandectje.)' JURISDrCTIO. The "officium" of him "qui JDS dicit" is defined as follows :' " Bonorum posses- noncm dare potest, et in possessionem mittere, pvpillis mm kabentibus tutores constituere, judices litiganti- bus dare." This is the general signification of the word jurisdictio, which expresses the whole " offi- cium jus dicentis." The functions which are in- cluded in the " officium jus dicentis" belong either to the jurisdictio (in its special sense) or to the im- perium mixtum, or they are those which are ex- ercised by virtue of some lex, senatus consultum, or authority delegated by the princeps, as the " Tur ■toris datio."' The jurisdictio of those magistrates who had no imperium was limited, in consequence of not having the imperium, and, therefore, was not jurisdictio in the full meaning of that term. (Vid. Magisteatus.) Inasmuch as jurisdictio in its spe- cial sense, and the imperium mixtum, are compo- nent parts of jurisdictio in its wider sense, imperi- um may be said to be contained in, or incident to, jurisdictio {imperium quod juris.dictioni coharet).* Sometimes imperium is viewed as the term which designates the full power of the magistratus ; and when so viewed, it may be considered as equivalent to jurisdictio in its wider sense, or as comprehend- ing jurisdictio in its narrower sense. Thus impe- rium may be considered as containing or as con- tained in jurisdictio, according as we give to each term respectively its wider or its narrower mean- ing.'' The jurisdictio was either voluntaria or con- teutiosa.' The jurisdictio voluntaria rendered valid certain acts done before the magistratus, for which certain forms were required, as adoption and man- umission. Thus adoption, properly so called, could take place before the praeses of a province ;' but in Rome it took place before the prastor, and was said to be effected "imperio magistratus." The juris- 1. (Poraponius, De Origine Juris, Dig. 1, tit. 2.— Zimmern., OeBchichte des Rom. Privatreclita.) — ^2, (Dig. 2, tit. 1, De Juris- dictioBe.)— 3. (Dig. 26, tit. 1, s. 6.)— 4. (Dig. 1, tit. 21, g. I.) — '5.- (Puchta, " Ueber den inhalt der Lex |tu,bria,V Zeitschrift, x., 195.)^fi. JOS. JUS. lore identical. Cicero' opposes natura to leges, where he explains natura by the term jus gentium, and makes leges equivalent to jus civile. In the Partitiones' he also divides jus into natura and lex. There is a threefold division of jus made by Ul- pian and others, which is as follows : jus civile ; jUS gentium, or that which is common to aU man- kind ; and jus naturale, which is conanon to man and beasts'. The foundation of this division seems to have been a theory of the progress of mankind from what is commonly termed a state of nature, first to a state of society, and then to a condition of independent states. This division had, however, no practical application, and must be viewed mere- ly as a curious theory. Absurd as it appears at first sight, this theory is capable of a reasonable ex- planation ; and Savigny shows that it is not meant to say that beasts have law, but only the matter of law ; that is, some of those natural relations on which legal relations are founded, exist among beasts as well as men. Such natural relations are those by which the species is propagated. In the Institutes the three divisions are confounded ;• for the explanation of jua naturale is first taken from the threefold division of Ulpiani and then the jus gentium and civile are explained according to the twofold division of Gains already quoted, so that we have in the same section the jus naturale ex- plained in the sense of Ulpian, and the jus gentium explained in the sense of Gaius, as derived from the naturalis ratio. Farther, in the second book,* the jus naturale is explained to be the same as jus gentium, and the jus naturale is said to be coeval with the human race. Notwithstanding this con- usion in the Institutes, there is no doubt that the wofold division of Gaius was that which prevailed Ai Roman jurisprudence.* This twofold division .j./^ars clearly in Cicero, who says that the old jt jt"uns separated the jus civile from the jus gen- tima : and he adds, that the jus civile (of any state) is not, therefore, jus gentium, but that what is called jus gSLliun ought to be jus civile.' The jw ?ivUe of the Romans is divisible into two parts, 'U3 civile in the narrower sense, and jus pont&cium, or the law of religion. This opposi- tion is sometirxiis expressed by the words jus and fas (fas et jura iimmt^) ; and the law of things not pertaining to religion and of things pertaining to it, are also respectively t^iposed to one another by the terms res juris humaiij et divini.' ( Vid. Dominium.) Thus the pontifices maairai, P. Crassus and T. ,Co- runcanius, are said to h&va given responsa de om- nibus divinis et humanis rv:')us.' The law of rnligion, or tL.3 .""is pontificium, was under the contiol of the pon'iuoes, who, in fact, originally had ths control of this wiole mass of the law, and it was only after the separation of the jus civile in its wider sense into the two parts of the jus civile in its narrower sense and tha jus ponti- ficium, that each part had its prcper and peculiar limits. But after this separation was fully made, the auctoritas pontificum had the same operation and effect with respect to the law of reUgion that the auctoritas prudentium had on the jus civile." Still, even after the separation, there was a mutual relation between these two branches of law ; for instance, an adrogatio was not vaUd by the jus civile unless it was valid by the jus pontificium." ( Vid. Adoption. ) Again, jus pontificium, in its wi- der sense, as the law of religion, had its subdivi- sions, as into jus augurum, pontificum, &c.'" 1. (Off., iii., 5.)— 2. (1! 37.)— 3. (i., tit. 2, " De Jure Natuiali, Gentium et CiTili.")— 4. (tit. 1., s. 11.)— 5. (Sairigiiy, Syitem, * vcterata) consuetudo is properly observed as a lex {pro lege), and this is the jus which is said to be ' moribus constitutum.' "• Thus immemorial usage was the foundation of the "jus moribus constitu- tum." (See the article lNF.tMiA as to the origin of infamia.) This branch of law seems sometimes to have been considered by the Roman jurists as law merely by force of custom, whereas such cus. torn was only law when it had been recognised bj a competent authority. There is, however, a pas- sage of Ulpian,' in which he distinctly spealra ot confirming a consuetudo in a judicium, which can have no other meaning than that its force as law depended on a decision in judicium. And the mean- ing is clear, whether we read contradicto or contra- dicta in the passage just referred to. The Roman writers, indeed, frequently refer to a large part of their law as founded on mores or on the mos majorum, and not on leges.'" Thus Ul- pian" says that the jus patriae potestatis is moribus receptum. But mos contained matters relating to religion as well as to the ordinary affairs of life; and, therefore, we may also view mos and lex, when opposed, as component parts of the jus civile in its wider sense, but not as making up the whole of it. Mores in the sense of immorality, that which posi- tive morality disapproves of, must not be confound- ed with jus founded on mores : the former is mali mores in respect of which there was often a jus moribus constitutum. Thus in the matter of the dos there was a retentio in respect of the more' graviores or majores, which was adultery." The terms jus scriptum and non scriptum, is ex- plained in the Institutes,'^ comprehended the whole uf the jus civile ; for it was all either scriptum or non scriptum, whatever other divisions there might be.'* Jus scriptum comprehended everything, ex- cept that "quod usus approbavit." This division of jus scriptum and non scriptum does not appear in Gaius. It was borrowed from the Greek wri 1. (i^ 2.)— 2. (Top., 5 )— 3. (Cann,, iv., 5.)— 4. (viii., 50.)-». (Cic, De Oral., i., 43.)— 6. (Off.,iii.,)7.)— 7. (Gaius, ii.,llt7.)- 8. (Julian, Dig. 1, tit 3, a. 32.)— 9. (Dig. 1, tit. 3, s. 34.)— 1ft (Quint., Inst. Orat., v , 10.)— 11. (Dig. I, tit. 6, s. 8.)— 12. (Blpi Frag., tit. 6.)— 13. (1, tit. 2.)— 14. (Ulp., Dig. 1, tit. 1, s. 6.) JUS. •us. ten, and seems to have little or no practical appli- •^ion among the Romans. A division of jiis into publicum and privatum is Oientionfid hy tlie Roman jurists.' The former is defined to be that vifhich relates to the status rei Roiflanse, or to the Romans as a state ; the latter B defined to be that which relates " ad singulorum aiUitatem." The publicum jus is farther said by t'lpian' " in sacris, in sacerdotibus, in magistrati- hlia consistere." According to this view, it com- pieiiends the law of religion, and all the rest of the (US civile which is not privatum. There are oth- er significations of the jus publicum in the Roman lurists, hut the whole division of jus into publicum dad privatum seems to be founded on no principle, Bud is very confused. The elementary treatise of Gains does not mention this division, and it is lim- rted to the jus privatum. Justinian in his Insti- tatfcs, after making this division of jus into publi- etim and privatum, says, " we must therefore treat of jus privatum," from which it appears that he did «ot contemplate treating of j us publicum. The title Ue Judiciis Publicis, the last in the Institutes, does not belong to jus publicum as above defined ; and yet it is difficult to conceive how some of the mat- ters involved in judicia publica were not viewed an belonging to publicum jus, though certainly all of Ihem could not so be viewed ' ITie jus quiritium is equivalent to the jus civile Romanorum. Accordingly, we find the expressions dominus and dominium ex jure quiritium, as con- trasted with in bonis (vid. Dominidm) ; and a La- tinus, if be obtained from the imperatorthe jus qui- ritium, obtained the Roman civitas.' The terms jus quiritium and the Romana civitas are therefore identical in this passage. Such part of the Roman law, in its widest sense, as related to buying, sell- ing, letting, hiring, and such obligations as were not founded on the jus civile, were considered to belong to the jus gentium,' that is, the jus nat- urale." Accordingly, when ownership could be ac- quired by tradition, occupation, or in any other way not specially provided for by the jus civile, such ownership was acquired by the jus gentium. When the jus civile prescribed certain forms by which ownership was to be transferred, and such forms were not observed, there was no ownership jure civili or jure quiritium, but there was that in- terest which was called in bonis. It is not said by Gaius' that the in bonis arose by virtue of the jus gentium, and it may perhaps be concluded, that he did not so view it; for in another passage* he spealcs of aUenation or change of ownership being effected either by the jus naturale, as in the case of tradition, or by the jus civile, as in the case of mancipatio, in jure cessio, and usucapion. In this passage he is speaking of alienation, which is com- pletely effected by tradition, so that there is a legal change of ownership recognised by Roman law; not by Roman law specially as such, but by Ro- man law as adopting or derived from the jus gen- tium. In the other case,' there is no ownership either as. recognised by Roman law as such, or by Roman law as adopting the jus gentium : the in bonis is merely recognised by the pra:torian law, to which division it therefore belongs. So far as the equity of the praetor may be said to be based on the jus gentium, so far may the in bonis be said to be founded on it also. Properly speaking, the jus gen- tium was only received as Roman law when it did not contradict the jus civile ; that is, it could only have its full effect as the jus gentium when it was not contradicted or limited by the jus civile. When 1. (Dig. 1, tit. 1, s 1.)— 2. (Dig. l.tit. I,s. 1.)— 3. (FW. Cio, Pro Balbo, 15.— !d.. Pro IVIil., 26.)— 4. (Ulp., Frag., tit. 3.) — «. (Pig. 1, tit. 1, s 5.)-6. (Gaius, ii., 6S.)— 7. (ii., 40.) — 8. (ii, »)-«. (ii.,.«).) 4kl it was so contradicted or limited, the prffitoi coul* only give it a partial effect, but in so doing, it ia obvious that he was endeavouring to nullify the jus civile, and so to make the jus gentium as extensive in its operation as it would have been but for the limitation of the jus civile. The bounds that were placed to this power of the praetor were not very definite. Still he generally fashioned his jus pr»- torium after the analogy of the jus civile, aidthcngn he made it of no effect as against his jus praetorium, he maintained its form and left it to its full opera- tion, except so far as he necessarily limited its op- eration by his own jus praetorium. Jus, used absolutely, is defined to be "ars loni el agui,'"- which is an absurd definition. What it re- ally is may be collected from the above enumera- tion of its parts or divisions. Its general significa- tion is law, and in this sense it is opposed to lex or a law. Lex, however, as already sliown, is some- times used generally for law, as in the instantip from Cicero where it is opposed to natura. Lex, therefore, in this general sense, comprehends leges and all the other parts of the jus civile. In its spe- cial sense of a law, it is included in jus. Jus is also used in the plural number (jura) apparently in the sense of the component parts of jus, as in Gains,' where he says, " Constant autem jura ex legibus,'' &c. ; and in another passage,' where he says, with reference to the agnationis jus, or law of agnatic, and the cognationis jus, or law of cognatio, " Cwilis ratio civilia quidem jura corrumpere potesty Indeed, in this passage, agnationis jus and cognationis jus are two of the jura or parts of jus, which with other jura make up the whole of jus. Again,* that provis- ion of the lex Julia de Adulteriis, which forbade the alienation of the fundus details, is referred to thus : " quod quidem jus," " which rule of law," oj "which law," it being a law comprehended in an other law, which contained this and many other provisions. Thus, though lex, in its strict sense o* a law, is diflierent from jus in its large sense, ana though jus, in its narrower sense, is perhaps never used for a lex, still jus, in this its narrower sense, is used to express a rule of law, or a law. Thus Gains" speaks of the jura, or legal provisions com- prised in the lex JEUa. Sextia, and of jura as hasea on the responsa prudentium. Jus has also the special meaning of a faciUty or legal right. Thus Gaius says, "it is an actio in rem when we claim a corporeal thing as our own, or claim some jus as our own, such as a jus utendi, eundi, agendi." The parental power is called a "jus proprium civium Romanorum." The meaning of law generally, and of a legal right, are applied to jus by Cicero in the same sentence : " If a man ignorant of law (imperitus juris) seek to maintain my right (meumjus) by the interdict."' As the several rules of law which are often comprised in one lex, or which make up the whole body of jus (law), may be called jura with reference to their object, so the various legal rights which are severally called jus with reference to some particular subject may be collectively called jura. Thus we find the phrase jura parentis to express all the rights that flow from the fact of paternity. The phrase jura prsediorum, which is used by the Roman jurists, is somewhat peculiar, and open to objection. The potestas which a Roman father had over Itia children being a jus or legal right, there hence aiose the distinction of persons into those who are sui and those who are alieni juris. All the rights of such persons severally are represented by the collective phrase "jus personarura," or that division of thfl 1. (Dig. 1, tit. 1, s. 1.)— 2. (i.,a.)— 3. (i., l.'iS.)— 4. (Gaiiu,w 2.)— 5. (i., 47 )— « (Pro CKoina, 0. 11.) SRI JUS CIVILE PAPIRIANUM. - nrhole matter of jus which treats of the status of persons, in other words, the law of persons. This leads to the mention of another division of the matter of law which appears among the Roman jurists, namely, the law of persons; the law of things, which is expressed by the phrase ";'«« quod ad res pertinet ;" and the law of actions, "jus quod ad acliones pertinet."^ In his first book Gaius treats of tlie law of persons, in the fourth he treats of the law of actions ; and, accordingly, the second and third contain the law of things, to express which he does not use a phraseology analogous to that of "jus personarum," but he says he will treat De Rebus. This division of the "jus quod ad actiones pertinet" is explained in the article Actio. The adjective justum often occurs in the Latin writers in the sense of that which is consistent with jus or law, or is not contrary to law. Thus it is a justum (legal) matrimonium if there is connu- bium between the two parties to the marriage. The word justum has many varieties of meaning, which may generally be derived, without much dif- ficulty, from the meanings of jus. Jus is opposed to judicium, and a thing was said to be done in jure or in judicio, according as it was done before the magistratus or before a judex. (Yid. JDDioinM.) Thus all matters of legal ques- tion were said to be done " aut ad poptUum, aut in jure, aut ad judicem."- Jus, in the sense of the place " in quo jus redditur," is only an application of the name of what is done to the place in which it is done. The expression jus dicere is explained under Jurisdictio. There are other meanings of jus, but they are unimportant, or may be deduced from what is here said. JUS jELIA'NUM was a compilation by Sextus .^lius Paitus, surnamed Catus, who was consul B.C. 198,' and who is called by his contemporary Ennius " egregie cordatus homo." He is also fre- quently .mentioned with praise by Cicero.* The Jus --Elianum, also called Tripertita, contained the laws of the Twelve Tables, an interpretatio, and the legis actiones. This work existed in the time of Pomponius.'' Cicero also speaks of some com- ment^rii by iElius.^ JUS APPLICATIO'NIS. (Vid. Banishment, Roman, p. 137.) JUS CIVI'LE. {Yid. Jns.) JUS CIVILE FLAVIA'NUM. Appius Claudius Caucus, who was censor B.C. 312, is said to have drawn up a book of actiones or forms of procedure, which his clerk Cn. Flavius made public' Accord- ing to one story,* Flavius surreptitiously obtained possession of the book of Appius, and was reward- ed by the people for his services by being made tri- bunus plebis and curule ffidile. The effect of this publication was to extend the knowledge and the practice of the law to the plebeians, and to separate the jus civile from the jus pontificium. JUS CIVILE PAPIRIA'NUM or PAPISIA'- NUM was a compilation of the leges regis, or laws passed in the kingly period of Rome. This compi- lation was commented on by Granius Flaccus in the time of Julius Csesar,' to which circumstance ' we probably owe the preservation of existing frag- ments of the leges regias. There is great doubt as to the exact character of this compilation of Papir- ius. and as to the time when it was made. Even the name of the compiler is not quite certain, as he is variously called Cains, Sextus, and Publius. The best notice of the fragments of the leges regise is by 1. (Gaine, i., 8.)— 2. (Plant., MeriKchm., iv., 2, 18.)— 3. (Liy. TAiii., " — 4. (De Rep., i., 18. — De Or., i., 45 ; iii., 33.) — 5. (Dii;. 1, til. S. a. 2, « 38.)— 6.(DeO«it , i., 56.— Top., 2.)— 7. ;Cic., De Or., i . 41.1-8. (Dig. 1, ti'- " » 7.)— 9. (Dig. 60, tit. 16, 8. 144.) 563 LABRAX. Dirksen, in his " Yersuchen zur Kritih und uml^ gung der Quellen des Somischen Rechts." See ^Isi Zimmern, Geschichte des Rom. Privatrechts. JUS GENTILI'TIUM. {Yid Gens.) JUS GEN'TIUM. ( Yid. Jds.) JUS HONORA'RIUM. (Yid.. Edicthm, p. 388.) JUS ITA'LICUM. {Yid. CoLONiA, p. 281.) JUS LA'TII. ( Yid. Civitas, Latinitas.) JUS LIBERO'RUM. {Yid. Jdlja et Papia Pof p.a;A Lei, p. 557,) JUS PONTirrCIUM. {Yid. Jns, p. 560.) JUS PU'BLICUM, PRIVA'TUM. (Ftii. Jus,! 561.) JUS QUIRI'TIUM. (FtiJ. Civitas, Jns.) JUS RESPONDENDI. {Yid. Jueisconsdlti.) JUS VOCATIO, IN. (Yid. Actio, p. 18.) JUSJURANDUM. {Yid. Oath.) JUSJURANDUM CALU'MNI^E. {Yid. Gawk NIA.) *JUSQUI'AMUS, a corruption from Hyoscyamn, which see. JUSTA FUNERA. {Yid. Funds, p. 459.) JUSTINIANETJS CODEX. {Yid. Codei Jdi TINIANEUS.) JUSTI'TIUM. {Yid. Funds, p. 463.) JUSSU, QUOD, ACTIO, is a praetorian actlu which a man had against a father or master of a slave {dominus), if a filiusfamilias or a slave had entered into any contract at the bidding {jtmu) of the father or master, for the full amount of the mat- ter in dispute. He who thus contracted with a fil- iusfamilias or a slave, was not consiiiered to deal with them on their own credit, but on that of the father or master. This actio is classed by Gaius with the exercitoria and institoria.' ♦lYNX or YUNX {ivy^, a species of Bird; the Wryneck, or Yunx torquilla, L. It is a bird of the size of a lark, brown above, and prettily marked wiilh. little blackish waves, and longitudinal yellow and black reticulations ; whitish striped across, ^^•ith black underneath. " The Wryneck," observes Grif- fith," " derives its name from a singular habit it has of turning its head towards the back, and closing its eyes : this movement appears to be the result of surprise, terror, or astonishment at the sight of soine novel object. It is also an effort which the bird appears to make to disengage itself when it is held ; but as it executes it equally in a state of lib- erty, and as the young, even in the nest, have the same habit, it is clear that it must be the result of a peculiar conformation. This species of bird, with- out being numerous, is extended throughout all Eu- rope from Greece to Lapland."— The lynx was cele- brated in the magical incantations of antiquity, the entrails, or the bird itself, being attached to a kind of brazen wheel, which was made to revolve vphile the charm was sung. In one of the Idyls of The- ocritus, a female adopts this as one of the means of recalling the affections of a faithless lover. The lynx was for a time erroneously confounded with a species of Motacilla, or Wagtail, upon the doubtful authority of the Etymologicon Magnum, and some of the scholiasts. The description of the (liy?. how- ever, by Tzetzes applies very well to the-Wryneck. The German lexicographers also set down the Wi?) dehals, or Wryneck, as the Ivy^ of the Greeks.* K. See C. L. LA'BARUM. {Yid. Siqna Militaria.) *LABRAX {XaBpa^), a species of Fish, the Bass or Sea Perch, the Ferca labrax of Linnteus, or is- 1. (Gains, iv,, 70.— Dig. 15, tit. 4.)— 2. (vol. vii., p. 513.)— J (Theoorit., Id., ii., 17.— Tzetzes ad Lynorh., Cnssand.— Adam" Append., s. v.) MByjElllSIHUS. LAQERNA. Wax lupusot Cuvier. Some of the commentators 311 the classics, observes Adams, refer the Luptis :o the Pike, but Rondelet is at great pains to dis- prove this opinion.' LABYRINTHUS (^a&upiveoi). This word ap- pears to be of Greek origin, and .'ct of Egyptian, as las generally been supposed ; it is probably a de- rivative form of Xa6i.po(, and etymologically cpn- aected with hivpai. Accordingly, the proper, defi- nition of labyiinthus is a large and complicated sub- terraneous cavern, with numerous and intricate pas- sages similar to those of a mine.' Hence the cav- srns near Nauplia in Argolis were called labyrinths.* And this is, indeed, the characteristic feature of all the structures to which the ancients apply the name labyrinth, for they are always described as either entirely or partially under ground. The earliest and most renowned labyrinth was that of Egypt, which lay beyond Lake Moeris, at a snort distance from the Gity of Crocodiles (Arsinoe), in the province now called Faioum. Herodotus* ascribes its construction to the dodecarchs {about 650 B.C.), and Mela' to Psammetichus alone. But otherand more probable accounts refer its construc- tion to a much earlier age.' This edifice, which in grandeur even excelled the Pyramids, is described by Herodotus and Pliny.' It had 3000 apartments, 1500 under ground, and the same number above it, and the whole was surrounded by a wall. It was divided into courts, each of which was surrounded by colonnades of white marble. At the time of Di- odorus and of Pliny the Egyptian labyrinth was still extant. But the ruins which modern travellers de- scribe as relics of the ancient labyrinth, as well as the place where they saw them, do not agree with what we know from the best ancient avithorities respecting its architecture and its site.'. The pur- pose which this labyrinth was intended to serve can only be matter of conjecture. It has been sup- posed by some writers that the whole arrangement of the edifice was a symbolical representation of the zodiac and the solar system. Herodotus, who saw the upper part of this labyrinth, and went through it, was not permitted by the keepers to en- ter the subterraneous part, and he was told by them that here were buried the kings by whom the laby- rinth had been built, and the sacred crocodiles. The second labyrinth mentioned by the ancients was that of Crete, in the neighbourhood of Cnossus : Daedalus was said to have built it after the model of the Egyptian, and at the command of King Mi- nos.' This labyrinth is said to have been only one hundredth part the size of the Egyptian, and to have been the habitation of the monster Minotaurus. Al- thongh the Cretan labyrinth is very frequently men- tioned by ancient authors, yet none of them speaks of it as an eyevvitness ; and Diodorus and Pliny ex- pressly state that not a trace of it was to be seen in their days. These circumstances, together with the impossibility of accounting for the objects which a Cretan king could have had in view in raising such a building, have induced almost all modem writers to deny altogether the existence of the Ore- tan labyrinth. This opinion isnot only supported l)y some testimonies of the ancients themselves, but by the peculiar nature of some parts of the island of Crete. The author of the Etymologicum Magn. ':aHs the Cretan labyrinth " a mountain with a cav- ern." and Eustathius" calls it "a subtenaneous cavern ;" and similar statements are made by sev- I. (Aristct., H. A., i., 5.— Slian, N. A., :. 30.-rpppmn, Hal., d., 130. — Adams, Append., 3. 7.)— 2. (Welcker, JEschyl. Trilog., p. 213, &c.) —3. (Strata, viii., 6, p. 195, Tandinitz.)— 4. (ii,, 148.)— 5. (i.,9.)— 6. (Plin.,H.N.,Mxvi.,13.— Diod.Sic.,i.,61, 69.— Strata, xvii., 1, p. 454, &c„ and p, 458, Tauchnitz.) —7.. — 4. (Mart., i., 97, 9.) -5. (xiv., 133.)— 8, (Juv., i., 27.— Mart., i.. 97.)— 7. (viii., 10.)-8. (Mart., iv., 2.— Id., xiv., 137.)— 9. (Hor., Sat., II., vii, 55.)— 10. (Mart., xiv., 139, 132.— Wi. Bec- ker's Gallos, ii.. ]>. 95, &c.)— 11. (Merc, I., ii., 16.)— 12. (ii., ».)— J3. (Compare ''il. Max.; III., ii., 17.)— 14. (ad Virg., Mn., Tii., 612.)-15. (Sat., ii., 3.)-16. (Plin., H. N., xii., 7.)-17. IPlin., H. N., v., 33.>-18. (Plin., H. N., xv., 30.)-19. (PUn., N., viii.; 50.) 564 if nonymous) ; and, accordingly, Plutarch' and Appt an" employ the former in narrating the story ol Scipio alluded to above, with this difference, how. ever, that they describe him as throwing to Kfrno. Tredov tov l/iaTiov over his head instead of tw isting it round his arm. LACO'NICUM. (.Vid. Baths, pages 144, life 150.) ' LACTA'RIUS. (Vid. Pistok.) *L A C T U C A {■&piSa^), Lettuce. Accoi ding to Pliny,' the Greeks made three species of thsplaril, one with a broad stem (Jaticaulis), anothei with a round stem {rotundicaulis), and the third termeil Laconicon, in Latin sessile. The stem of the liist kind was so broad, that, as we are informed by the same authority, who copies in this from TheopJiiajM tus, the gates of kitchen-gardens (ostiola .olitima) were wont to be made of them. No variety of lettuce, at the present day, offers a stem of suchj size as this. The second kind, namely, that with a round stem, cannot be cited as a distinct varietj, since every species of lettuce with which we are acquainted has a stem of this kind. The third kind, or Laconicon, obtained its Latin name smilt from its having hardly any stem, and being, there- fore, as it were, seated on the ground. BiUerbeck' makes it to have been the Head Lettuce (Ktrpfialr tuk). Another Greek name for this kirid is xafl- ^q/lov. The ancients also distinguished belweeo different kinds of lettuce by their colour and timet of sowing. Thus the kind called nigra (dark green Summer Endive) was sown in January ; the white, or albae, in March ; the rubentes in April, &c. They had also the Cappadocian, the Greek, and manj other species. Martial applies to the Cappateian Lettuce the epithet of viles. The ancients were ac- quainted with the narcotic properties of the lettuce, Galen' informs us that he frequently found good ef- fects resulting from its use, and Dioscoridcs recom mends both the domesticated and the wild kinds with the same view. The calming effects of lli« juice of the cultivated lettuce is acknowledged als» by modern practitioners. A writer quoted by Athe- nasus' ascribes to the Lettuce anti-aphrodisiai; "ual- ities. It was also believed, from its affurdhi^ but little nourishment, to be a very good article of fOiiii for the sick and those who required a low diet, We have given at the head of this article the Greek term ■dplSa^, as corresponding to the Latin LaatmOi but ■dpiiaKivfi and ^pMicivo; were also employed. According to Nicander, the Lettuce, under the leaves of which Adonis was concealed when he was slain by the boar, was called by the inhabitants of Cyprus Brinthis — According to Adams, the ^pida^ ^iispu; ol Dioscorides would seem to be the Lactuca saliva, oi Garden Lettuce. The ■S-piSa^ iiypia is held by Sprengel to be the Lactuca virosa. So, again, with regard to ths term ^pidanLvii, Stackhouse acknowl- edges this also to be the Lactuca saliva. " Schnei- der," says Adams, " thinks that the learned men who refer the ■dpiSa^ and ^pidaKtvij to the Lacluca, do not seem to have distinguished correctly, the ■dpiia^ being rather referable to the Cichorium endt- via. I have been unable, however, to discover upon what ground he founds this opinion."' L.ACU'NAR. (Vid. House, Roman, p. 530.) ♦LAD'ANUM (USavov). " All agree," remarks Adams, " that this is the product of the Ktaror, thai is, either of the Cislus Creticus or C. ladaniferus. Il is a soft resin, still much used by the Grecian ladies as a perfume, and is now procured from the tree bj scraping it with leathern thongs. Anciently, il 1. (Graoch., 19.)— 2. (Bell. Civ., i., 16.)— 3. (H. N., n»-. 8.H 4. (Flora Classica, p. 203.)— 5. (De Fac. Alim., ii , 40.)— ». (» 32.)-7. (Fie ad PUn., I. c— Tl-eophvrat., H. P., (., 16 i tu., 4 — Dicflcor., ii., 165.) LAGOS THALATTIOS LAMPADEPHORIA. ould appear that it was collected from the bcaids " goats that browsed upon it. The Cistus is now equently cultivated in this country as an orna- lental shrub." LjENA, the same word with the Greek ;if^arva, id radically connected with '^ii.xvri, lana, &c. 1. It signifies, properly, a woollen cloak, the cloth ' which was twice the ordinary thickness (dua- ini togarum instar^), and therefore termed duplex,' laggy upon both sides,' worn over the pallium or le toga for the sake of warmth.* Hence persons irried a laena with them when they went out to ipper ;* and the rich man in Juvenal, who walks 3me at niaht escorted by a train of slaves and ;hted on his way by flambeaux, is wrapped in a jarlet la;na.' 2. A robe of state, forming, it is said, in ancient mes, part of the kingly dress.' 3. The flamines offered sacrifice in a laena which as fastened round the throat by a clasp, and in le case of the dialis, was woven by the hands of le flaminica.' 4. In later times the laena seems, to a certain ex- mt, to have been worn as a substitute for the toga, bus the courtly bard in Perseus' is introduced re- ting his fashionable lays with a violet-coloured 5na over his shoulders, and we gather from Ju- enal" that it was an ordinary article of dress nong the poorer classes." 5. Nonius defines it to be "vestimentum militare lod supra omnia vestimenta sumilur" but quotes no ithority except Virgil., Mn., iv., 262. *LAGO'PUS (/Iffi/un-oj^f), a species of Bird, which esner takes to be the White Partridge of Savoy. The ancients can scarcely be supposed to have ien acquainted with the Tetrao Lagopus, L., or tarmigan, as it is confined to the Alpine regions ' the North. Perhaps, as Dr. Trail suggested to e, the name was applied to various sorts of Grouse, hich all have hairy feet."" *II. A plant, which Adams suggests may have jen the Xayanvpo; of Hippocrates. The same Ithority follows Valerius Cordus and Fuchsius in iferring it to the TrifoUum arvcnse, or Field-clo- aj. 13 *LAGO'PYRUS (la-yuiKvpof), probably Field-clo- 3r. Dierbach, however, holds ^he TiayuTnpos to J the Lagvrus ovatus. *LAGOS (Aoyuf), the Hare, or Lepus timidus, L. *AArQS OAAATTIOS {Xayug 4aU.TTi.o;), a fish "the Molluscous order, the Aplysia depilans. Dr. leming says of it, " The Aplysia has been known I the records of superstition under the name of the eahorse, &c." The superstitions here referred I are those described by Pliny, as Adams thinks, he seahorse is represented by Nicander as an ac- d poison, and by Dioscorides as a depilatory, hese properties, as Adams remarks, are certainly )t imaginary. The Aplysia is described by nat- ralists as having the head supported by a neck ore or less long ; two superior tentaoula, excava- d like the ears of a quadruped, with two flattened les on the edge of the lower lip ; the eyes are be- ;ath the former; the gills are on the back, and insist of highly complicated lamellae, attached to broad membranous pedicle, and covered by a small enibranous mantle, in the thickness of which is a It and horny shell, &c.'* 1. (Varro, Dii Linj. Lat., v., 133, MuUer.)— 2. (Festns, s. t. end.— Serv. ad Virg., .^n., iv., 262.) — 3. (Schol. ad Juv., iii., 3.)— 4 (M-irt., xiv., LW.)— 5. (Mart., viii., 59.)— 6. (Jut., iii., 3.)— 7. (Plat., Num., ".)— 3. (Seiv. ad Virg., JEn., iv., 268.— c, Bvut., 57.)— 9. (i., 32.)— 10. (v., 130 ; vii., 73.)— 11. (Bee r, Gallus, ii., p. 99.)— IS. (Adams, Append., s. v.)— 13. (Dios- r., iv., 17.— Adams, Appe.od., a. v.)— 14. (Diosoor., M. M., ii. .Elian, N A., ii., 45.— rUn., H. N., ijt., 48.— AdaiiJ, Append., *II. A fish of a very different kind from the pro- ceding. Schneider supposes it some species of the Diodon or Tetraodon.'- *LAMTA (Xa/iia), a speciet of Fish, called in English the White Shark, in French Requin, and answering to the Squalus Carcharias, L., or Carcha- rias vulgaris, Cuvier. It is the same with the kvov ■da'kaTTioQ of JEMaxi, and the Kapxapot; niuv of Ly- cophron.' LAMPADEPHORIA (Aa/maiTifopia), torch-bear- ing (as Herodotus calls it), or Xa/itradTiSpojua, torch- race (as some lexicographers), also Xaftwa6ovxo{ ayov, and often simply Xafimg, was a game com- mon, no doubt, throughout Greece ; for though all we know concerning it belongs to Athens, yet we hear of it at Corinth, Pergamus, and Zerinthus ;' and a coin in Mionnet, with a Xa/jmac on it, which is copied below, bears the legend 'Aii(j>moXiTuv. At Athens we know of five celebrations of this game : one to Prometheus at the Prometheia ;* a second to Athena at the Panathensea* (probably the greater Panathenaea) ; a third to Hephaistos at the Hephaisteia' (the ceremony at the x\paturia was different) ; a fourth to Pah ;' a fifth to the Thracian Artemis or Bendis.' The three former are of un- known antiquity ; the fourth was introduced soon after the battle of Marathon, the last in the time of Socrates.' The race was usually run on foot, horses being first used in the time of Socrates ;' sometimes, also, at night.'" The preparation for it was a principal branch of the yv/ivaaiapxia, so much so, indeed, in later times, that Tia/iiradapxia seems to have been pretty much equivalent to the jvfivaaiapxla.^'- The gymnasiarch had to provide the Xajinag, which was a candlestick with a kind of shield set at the bottom of the socket, so as to shelter the flame of the can- dle, as is seen in the following woodcut, taken from a coin in Mionnet.'" He had also to provide for the training of the runners, which was of no slight consequence, for the race was evidently a severe one," with other ex- penses, which, on the whole, were very heavy, so that Isae- us'* classes this ofiice with the Xopriyia and rpiripapxia, and reckons that it had cos» him 12 minffi. The discharge of this office was called yv/ivaaiapxdv Xa/imSi.,^^ or h rale XafiTTuai yvfivaaiapxeZaSat." The victorious gymnasiarch presented his /la/iirof as a vot've offering (uvadri- /«»•')■ As to the manner of the Tia/inaSrjibopla, there are some things difficult to understand. The case stands thus. We have two accounts, which seem contradictory. First, it is represented as a course, in which a ?i,a/jnrdg was carried from one point to another by a chain of runners, each of whom form- ed a successive link. The first, after running a certain distance, handed it to the second, the sec- ond in like manner to the third, and so on, till it reached the point proposed. Hence the game Ja used by Herodotus" as a comparison whereby to il- lustrate the Persian ayyaptjiov, by Plato" as a lively 1. (.Slian, H. A., xvi., 19.— Adams, Append., s. T.)— 2. (Aris tot,, H. A., v., 5.— Plin., H. N., ix., 24.— jElian, N. A., i., 17.— Adams, Append., s. v.)— 3. (BSckh, Polit. Boon, of Athens, ii., p. 219 MOUer, Minerv. Polias, p. S.)— 4. (Schol. ad Aristoph., Ran., 131.— Ister,ap.Harpocrat., s.v.)— 5. (Herod., vi., 105, and 11. CO.)— fl. (Herod., viii., 9, and 11. cc.)— 7. (Herod., vi., 105.)— 8. (Plat., De Rep., p. 328, A.)— 9. (Plat., 1. o.)— 10. (Inteip. vot ad Luoret., ii.. 77, ap. Wakefield.)— 11. (Avistot., Pol., v,, 8, 20.) —12. (pi. 49, 6.)— 13. (Comiiare Aristoph,, Vesp,, 1203 ; Ran., 1085.)— 14. (De Philoct. hsred., p. 62, 20.)— 15. (Is;e»3, 1. o.)— IB. (Xen., De Vectig., iv., 52.)— 17. (Bflckh, Inscr., No M3, SSO-f —18. (viii,. 98.)— 19 (Leg., d. 776, B.) 56S LAMPADEPHORIA. xapathum. anage of -uccessive generations of iflen, as also in the well-known line of Lucretius/ " Et quasi curspres vitai lampada Iradunt.'" And it is said that the art consisted in the several runners carrying the torch unextinguished through their respective distances, those who let it go out losing all share of honour. Now, if this were all, such explanation might content us. But, secondly, we are plainly told that it was an uyav ; the runners are said d/xMuadai.;' some are said to have won {vi/c^T Xa/j.vddi.*) ; the scholiast on Aristoph., Ran.,* talks of roiif iaTuvovs Tpcxovra;, which shows that it must have been a race between a number of per- sons, the scholiast on the same play' speaks of ttt^ELvat Toiic Spofiiac, roii^ rjo^;^;ovraf, which shows tbat a number must have started at once. This second account implies competition. But in a chain of runners, each of whom handed the torch to the next man successively, whe;-e could the competi- tion be ! One runner might be said to lose — he who let the torch go out ; but who could be said to win ? We offer the following hypothesis in answer to this question. Suppose that there were se,i>eral chains of runners, each of which had to carry the torch the given distance. Then both conditions would be fulfilled. The torch would be handed along each chain, which would answer to the first condition of .luccessive delivery. That chain in which it travelled most quickly and soonest reached its destination would be the winner, which would answer to the second condition, its being a race between competitors. In confirmation of this hypothesis, we observe as follows : The inscription in Bockh, No. 345, con- sists of the following lines : Tid/muda vem'iaag am t^fi6otQ riiv S' uvidriKa . EiiTvxlSTf^ Traig'ui/ EvrvXtSovs 'ABfLovev^. . This Eutychides was no doubt the gymnasiarch who won with the Ef-riSni he had trained, just as Andocides' talks of his vevixriKivai Xuiinudt as gym- nasiarch; so, too, Inscr. No. 250 records a like victory of the tribe Cecropis. Now we know th'at the gymnasiarchs were i^hosen one from each tribe. If, then, each one furnist'.ed a chain of ?i.aiiKadi/tjiopoi, there would have been ten (in later times twelve) chains of runners. Perhaps, however, the gymna- siarchs were not all called on to perform this ser- vice, but each once only in the year, which would al- low us for each of the three greater celebrations (the Prometheia, Panatheneea, and Hephaisteia) three or four chains of competitors. It may be here re- marked, that Inscr. No, 244 gives a list of oi vu- KJjaavTec rijv Xa/iinlSa, the winners in the torch-race, fourteen in number. Who were these ? If the several links of the winning chain, it is rather against analogy that they should be named. ' No one ever heard the names of a chorus : yet they can hardly be fourteen winning gymnasiarchs^ The place of running was, in these great celebra- tions, froni the altar of the Three Gods' (Prome- theus, Athena, and Hephaistos) in the outer Cera- meiLiis to the Acropolis, a distance of near half a mile.f That in honour of Bendis was run in the Peiraeus." The origin of these games must be sought, we think, in the worship of the Titan Prometheus. The action of carrying an unextinguished, light from the Cerameicus to the Acropolis is a lively symbol of the benefit conferred by the Titan upon man, when he bore fire from the Habitations of the gods and bestowed it upon man. I. (ii., 77.)— 2. (Gompaie also Anct. ad Herenn., iV;, 46.)-^3. ifPlat., Kep., 1. c.),— 4. (Andoc. in Alcib., ad fin.' ^ Cohipare BSokh, Inscf., No. 243,- 244.)— 5. (1. c.)-4l. (v., 133 1—7. (1 c ) -8. C^ausan., i., 30, a.— Schol. ad Ran., 1085.;— 9 ,Plat., 1. o.) 566 K'Xiijtaq aKttfiuToio irvpb^ Tjj'Ke&KO'nm' ai^iyjf' ' EV KoiXtfi vapdriKt.^- But the gratitude to the giver of fire soon passed i the Olympian gods who presided over its use; H phaistos, who taught men to apply it to the tneltit and moulding of metal, and Athena, who carried through the whole circle of useful and ornament arts. To these three gods, then, were these gainf at first devoted, as the patrons of fire. Andlool ing to the place it wasriin in^the Cerameicus, t Potters'' quarter— we are much inclined to ado] Welcker's suggestion," viz., that it was the Ktpaiu, or potters who instituted the lajiiraSri^opia. Athi na (as we learri froni the Kepajiic) was their patro goddess ; and Who more than they would haverei son to be thankful for the gift and use of fire 1 Poi tery would be one of the first modes in which : would be made serviceable in promoting the waijl of life; In later times the same honour was pai to all gods who were in any way connected wit fire, as to Pan, to whom a perpetual fire was kej up in his grotto under the Acropolis, and who wa in this capacity called by the Greeks Phanetes, b the Romans Lucidus ; so also to Artemis, called b Sophocles 'Afi^iTTiipoc, and worshipped as the moon At first, however, it seems to have been a symboli representation in honour of the gods who gave an taught men the use of material moulding fire (ttoi -eX''">v irip, (JiAiufta^of Tixvrn, as .iEschylus calls it' though this special signification was lost sight of i later times; Other writers, in their anxiety to g( a common signification for all the times and mode of the ?.aij.Tra67i., xii-, 215 Ovid, Pont., IV., viii., 40.) — II. (Propert., II., viii., 23.) — (Hor.,1. c.)— 13. (Plin., H. N., xxxiii., 62.)— 14. (Marl. Cap., 180.)— 15. (Cio., Acad., iv., 12.— Id., Tusc, v., 17.— Virg., A ![ii.,725.— Peis., iv., 10.)— 16. (Festus, s. v.— Anl.Gell., n.. LARENTALfA. LATER. Dioscorides aw thus arranged by Sprengel, who in this, as Adams remarks, ctosely follows Bauhin: 1. The b^vViiradov is the Rumex acutus ; the 2d species is the R. palientia; the 3d, the R. scuta- tus ; the 4th, the R. acetosa ; and the 5th, the R. hydrolapathum, Huds. The Dock is named Rumcx by Pliny, and Paraiella by Macer. The Lapathum of Celsus, according to Adams, is not well defined, and Dr. Milligan refers it, as the same authority remarks, to seven species of Rumex, in a very fan- ciful and loose manner.' LAPH'RIA (Ad^pm), an annual festival, celebra- ted at Patrae, in Achaia, in honour of Artemis, sur- named Laphria. The peculiar manner in which it was solemnized during the time of the Roman Em- pire is described by Pausanias.' On the approach of the festival, the Patraeans placed in a circle, around the altar of the goddess, large pieces of green wood, each being sixteen yards in length ; within the altar they placed dry wood. They then fbiMied an approach to the altar in the shape of steps, which were slightly covered with earth. On the first day of the festival a most magnificent pro- cession went to the Temple of Artemis, and at the end of it there followed a maiden who had to perform the functions of priestess on the occasion, and who rode in a chariot drawn by stags. On the second day the goddess was honoured with numerous sac- rifices, offered by the state as well as by private in- dividuals. These sacrifices consisted of eatable birds, boars, stags, goats, sometimes of the cubs of wolves and bears, and sometimes of the Old animals themselves. All these animals were thrown upon the altar alive at the moment when the dry wood was set on fire. Pausanias says that he often saw a bear, or some other of the animals, when seized by the flames, leap from the altar and escape across the barricade of green wood. Those persons who had thrown them upon the altar caught the devo- ted victims again, and threw them back into the flames. The Patrseans did not remember that a person had ever been injured by any of the animals on this occasion. LAPIS SPECULA'RIS. (,Vid. House, Roman, p. 521.) LA'QUEAR. {Vid. House, Roman, p. 520.) LAQUEATO'RES. (,Vid. Gladiatores, p. 476.) LARA'RIUM was a place in the inner part of a Roman house, which was dedicated to the Lares, and in which their images were kept and wor- shipped. It seems to have been customary for re- ligious Romans in the morning, immediately after they rose, to perform their prayers in the lararium. This custom is at least said to have been observed by the Emperor Alexander Severus,' who had among the statues of his lares those of Christ, Abraham, Orpheus, and Alexander the Great. This emperor had a second lararium, from which the first is dis- tinguished by the epithet majus, and the images of his second or lesser lararium were representations of great and distinguished men, among whom are mentioned Virgil, Gicero, and Achilles. That these images were sometimes of gold, is stated by Sue- tonius.* We do not know whether it was custom- ary to have more than one lararium in a house, or whether the case of Alexander Severus is merely to be looked upon as an exception, r LARENTA'LIA, sometimes written LARENTI- NA'LIA and LAURENTA'LIA, was a Roman fes- tival in honour of Acca Larentia, the wife of Faus- tulus, and the nurse of Romulus and Remus. It was celebrated in December, on the 10th befole the calends of January.' The sacrifice in this festival 1. (Di09C0T., li., 140.— Adams, Append., s. v.)— 2. (viii., 18, () T )-S j n 'IW, 1- (Wyttonbach's Guide to the Rnmaii Antiquities of Treves, r . 42.)— 2. (Plin., H. N., xxxv., 49.— Vitruv., ii., 3.)— 3. (Vitruv., L c — Pallad. De Re Rust., vi., 12.— Exod., v., 7.)^. (Col., 1. c.) — 5. (Wyttenbiich, p. 65, 66.) — 6. {Herod., 1. c.l —7. (vii., 57 )— S. (Herod., i., 179.— Id., ii., 130).— 9. (Sueton., Aug., 29.) —10. (Seroux d'Aginoourt, Rec. de Fragmeiis, p. 82-88.) — 11. (De Leg. Bom. vie. sec. Damrtad, 1830, p. 106-137.)— 12. (Av- chicologia, v., v., p. 35.) — 13. (Plaut., Poen., i., 2, 112.— Cato, De Re Runt., 109.) — 14. (Plin., H N., xxxiii., 17.) — 15. (Ar- istoph., Pax, 841. — Plierecrates, p. 26, ed. Runkcl.) — 16. (Phrynicus, Eckg., p. 59.) — 17. (AtheoiE'as, xv., 58.— Philox., Gloss.) S68 We learn from Martial's epigrams' that bladdei was used for lanterns as well as horn. Some cen- turies later glass was also substituted." The most transparent horn lanterns were brought from Car- thage.' When the lantern was required for use, the lamp was lighted and placed within it.* It was car- ried by a slave," who was called the laternarius.' When a lantern was not at hand, a basket {mrvpi- Siov), as a cheaper and commoner utensil, was taken to hold the lamp.' Lanterns were much employed in military opera tions ;' and not only the common kind, but the dark lantern, which was square, with a white skin on the side next to the bearer, enabling him to see, and with black skins on the three other sides.' LATICLA'VIl. (Vid. Clavus, p. 364.) LATI'N/E FE'RI.:E. (Vid. Feri^, p. 436.) LATI'NITAS, LA'TIUM, JUS LATH {to ko- Tiov/ievov Aarelov^'). All these expressions are useJ to signify a certain status intermediate between that of cives and peregrini. The word " Latinitas" ofi- curs in Cicero." Before the passing of the lex Jiiiia de Civitate, the above expressions denoted a certain nationality, and, as part of it, a certain legal status with reference to Rome ; but after the passing- of that lex, these expressions denoted only a certain status, and had no reference to any national distinc- tion. About the year B.C. 89, a lex Pompeia gave the jus Latii to all the Transpadani, and, conse- quently, the privilege of obtaining the Roman civitaa by having filled a maglstratus in their own cities. To denote the status of these Transpadani, the word Latinitas was used, which, since the passing of the lex Julia, had lost its proper signification ; and this was the origin of that Latinitas which thenceforth existed to the time of Justinian. This new Latini- tas, or jus Latii, was given to whole towns and coun- tries ; as, for instance, by Vespasian to the whole of Spain," and to certain Alpine tribes (_Laiio do- nati"). This new Latinitas was given not only to towns already existing, but to towns which were founded subsequently to the lex Pompeia, as Latinse Colo- nise ; for instance. Novum -Comum, which was founded B.C. 59 by Caesar. Several Latin towns of this class are mentioned by Pliny, especially in Spain. Though the origin of this Latinitas, which makes so prominent a figure in the Roman jurists, is cer- tain, it is not certain wherein it differed from that 1. (xiv., 61, 62.)— 2. (Isid.. Orisf., ix., 10.)— 3. (Plaut., AuL, in.,vi., 30.)— 4. (Plierecrates, p. 21.) — 5. (Plii'.t., Araphitr. Prol., 149.— Id. ib., I., i., 185.— Val. Max., vi.. 8, ', l.)-6. (CSo. in Pis., 9.)— 7. (Arlstopli., Aclinr., 452.) — S. ;Veget.,Il6 K» Mil., iv., IB.) — 9. (Jul. Africanus, 69, ap. Matli. Par., 169?, P 311.)— 10. (Strab.,p. 186, Casaub.)— 11. (ad Att., x v , 12.1- 1*. (PUb., H. N., iii., 4.)-13. (Id, ib., iu., SO.) tATTNITAS. AAIRUNCUL., Latmitiis wliii.h was the characteristic of the Latini before the passing of the Julia lex. It is, however, clear that all the old Latini had not the same rights with respect to Rome, and that they could acquire the civitas on easier terms than those by which the new Latinitas was acquired.' Accordingly, the rights of the old Latini might be expressed by the term majus Latium, and those of the new Latini by Ihe term minus Latium, accordmg to Niebuhr's in- genious emendation of Gaias.' The majus Latium might he considered to be equivalent to the Latium antiquum and vetus of Pliny ;" for Pliny, in descri- bing the towns of Spain, always describes the prop- er colonies as consisting " civium Romanorum," while he describes other towns as consisting some- limes " Latinorum" simply, and sometimes " Lati- norura veterura," or as consisting of oppidani " La- tii veteris," from which an opposition between La- tini veteres and Latini simply might be inferred. But a careful examination of Pliny rather leads to the conclusion that his Latini veteres and Latini are the same, and that by these terms he merely desig- nates the Latini coloniarii hereafter mentioned. The emendation of Niebuhr is therefore not sup- ported by these passages of Pliny, and though in- genious, it ought, perhaps, to be rejected ; not for the reasons assigned by Madvig, which Savigny has an- swered, but because it does not appear to be con- sistent with the whole context of Gaius. The new Latini had not the connubium, and it is a doubtful question whether the old Latini had it. The new Latini had the commercium, and herein their condition was the same as that of the twelve or eighteen old Latin colonies, which were specially favoured. (Vid. Civitas.) This new Latinitas, which was given to the Trans- padani, was that legal status which the lex Junia Norbana gave to a numerous class of freedmen, hence called Latini Juniani.* The date of this lex is not ascertained. The Laiini coloniarii, who are mentioned by Ul- pian,' are the inhabitants of towns beyond Italy, to whom the Latinitas was given. These are the towns which Pliny calls '^oppida Latinorum vele- rum," and enumerates with the " oppida civium Ro- manorum,"' which were military colonies of Roman citizens. The passages in which the Latini colo- niarii are mentioned as a class then existing, must have been written before Car«^dlla gave the civitas to the whole empire. These, the most recent views of Savigny on this difficult subject, are contained in the Zeitschrift, vol. ix., Der Rom. Volksschluss der Tafel von Heraclea. The Latini could acquire the jus Quiritium, ac- cording to Ulpian,' in the following ways : By the beneficium principale, liberi, iteratio, militia, navis, eedificium, pistrinum ; and by a senatus consultum it was given to a female "vulgo qua sit ter enixa." These various modes of acquiring the civitas are treated in detail by Ulpian, from which, as well as the connexion of this title " De Latinis" with the first title, which is " De Libertis," it appears that he only treated of the modes in which the civitas might be acquired by those Latini who were liberti. The same remark applies to the observations of Gaius' on the same subject {Quibus modis Latini ad tititalem Romanam perveniant). In speaking of the mode of acquiring the civitas by means of li- beri, Gaius speaks of a Latinus, that is, a libertus Latinus,^ marrying a Roman, citizen, or a Latina co- loniaria, or a woman of his own condition, from which it is clear that all his remarks under this head apply to liberti Latini ; and it also appears that Gaius I. (Lit., si;., 12.) — 2. (i., 96.) — 3. (iv., 22.)— 4. (Caini, i., tl,— Id., iii., 56.— Ulp., Frag., tit. i.)-5. (Frag., lii., «. 4.)— «. (iii., 3.)— 7. (Frag., tit. iii., " De Lai; lis.")— 8. (i., 28.) 4 speaks of the Latini coloniarii as a class esisting ll his time. Neither Ulpian nor Gaius says anything on the mode by whicli a Latinus coloniarius migtit obtain the civitas Romana. ♦liATOS (/loTtjf), the name of a fish mentioned by Strabo and Atfienaeus. It would appear to have been some variety of the KopuKivog, or Umbre. LATRU'NCULI (ireaaol, V'^^oi), Draughts. Tiia invention of a game resembling draughts was attrib- uted by the Greeks to Palamedes, whom they hoi oured as one of their greatest benefactors. ( Vid. Abacus, ^ 7.) The game is certainly mentioned by Homer, who represents the suitors of Penelope amu- sing themselves with it.' Others ascribed the in- vention to the Egyptian Theuth ;' and the paintings in Egyptian tombs, which are of far higher antiquity than any Grecian monuments, not unfrequently rep- resent persons employed in this recreation. The painting, from which the accompanying woodcut is taken, is on a papyrus preserved in the Museum of Antiquities at Leyden, and was probably made about 1700 years B.C. It is remarkable that a ma.i is here represented playing alone ; whereas, not only in works of Egyptian art, but also on Greek painted vases, we commonly observe two persons playing together. For this purpose there were two sets oif men, one set being black, the other white or red. Being intended to represent a miniature combat be- tween two armies, they were called soldiers (mili- tes'), foes {kostes), and marauders (latrones, dim. la- trunculi*) ; also Calculi, because stones were often employed for the purpose.' Sometimes they were made of metal or ivory, glass or earthenware, and they were various and often fanciful in their forms. The object of each player was to get one of his ad- versary's men betv/een two of his own, in which case he was entitled to take the man kept in check,' or, as the phrase was, alligalus.'' Some of the men were obliged to be moved in a certain direction (or- dine), and were therefore called ordinarii ; others might be moved any way, and were called vagi ;* in this respect the game resembled chess, which is certainly a game of great antiquity. Seneca calls the board on which the Romans played at draughts, ;abula latruncularia.' The spa ces into which the ooard was divided were called mandra}' The abacus, represented at page 10, is crossed by five lines. As five men were allowed on each side, we may suppose one player to arrange his five men on tlie lines at the bottom of the aba- cas, and the other to place his five men on the same lines at the top, and we shall have them disposed according to the accounts of ancient writers," who I^ECTICA, my that the middle line of the five was called iepa ypuf-iiv- But instead of five, the Greol^ and Romans often had twelve lines on the board, whence the game so played was called' duodecim scripta.^ Indoed, there can be little doubt ].hat the latrunculi were arranged and played in a considerable variety of ways, as is now the case in Egypt and other Oriental countries." Beside? playing with draughtsmen only, when tie game was altogether one of skill, the ancients nsed dicr. (,vid. Tkssee^, icvSol) at the same time, Bo as to combine chance with skill, as we do in backgammon.' ■ LATUS GLAVUS. {Vid. Clatus Latus.) LAUDA'TtO FUNEBRTS. ( FitJ. Fuiios, p. 459.) LAURENT A'LIA. {Vid. Larentalia.) *LAURUS, the Bay-tree. ( Vid. Daphne.) LAUTIA. ( Vid. Legatus, p. 575.) ■ LAUTU'MI^, LAUTO'MI^, LATO'MI^, or LATU'MI^ (kiBoTojilat or Tiaro/iiai., Lat. Lapicidi- ha\ are literally places where stones are cut, or quarries ; and in this sense the word 'kaTojiiai was used by the Sicilian Greeks.* In particular, how- ever, the name lautumise was given to the public prison of Syracuse. It lay in the .steep and almost inaccessible part of the town which was called Epipote, and had been built by Dionysius the ty- rant.' Cicero, who had undoubtedly seen it himself, describes it' as an immense and magnificent work, worthy of kings and tyrants. It was cut to an im- mense depth into the solid rock, so that nothing could be imagined to be a safer or stronger prison than this, though it had no roof, and thus left the prisoners exposed to the heat of the sun, the rain, and the coldness of the nights.' The whole was a Btadium in length, and two plethra in width." It was not only used as a prison for Syraousan crimi- nals, but other Sicilian towns also had their crimi- nals often removed to it. The Tullianum at Rome was also sometimes called lautumia; (Fid. Carcer.) ♦LAVflR, a plant of the aquatic class, supposed by some to be the Water Parsley, or yellow Water- 3resses. It is the same with the Sium. ( Vid. SlUM.) ' LECXrCA {kVivti, KTiividiov, or fopeiov) was a kind of couch or litter, in which persons, in a lying position, were carried from one place to another. They may be divided into two classes, viz., those which were used for carrying the dead, and those which served as conveniences for the living. The former of these two kinds of lecticae (also called lectica funebris, lecticnla, lectus funebris, feretrum, or capulum), in which the dead were car- ried to the grave, seems to have been used among the Greeks and Romans from very early times. In the beauty and costliness of their ornaments these letticse varied according to the rank and circum- stances of the deceased. {Vid. Funus, p. 459.) The lectica on which the body of Augusius Was tarried to the grave was made of ivory and gold, and was covered with costly drapery worked of pur- ple and gold.' During the latter period of the Em- pire, public servants {leiticarii) were appoijited for the purpose of carrying the dead to the gi'ave with- out any expense to the family to whom the de- ceased belonged.'" Representat'.ohs of lecticae fune- 1. (Gio;, De Or., i., 60.^(Juintil., xi.i S.— Otid, Art. Anigt., iii., 36^.) — 2. (Niebuhr, Reisebeschr. nach Arabien,, i., p. 172.) & (Ter., Adoltfh., IV., vii;, 21'— Isid., Orig., xviii., 60.— Bruiick, An., iii., 60.— Beoter, Gallus, ii., p. 228, &c.)— 4. (Pseudo-As- COE.J ad Ci:!. in Verr., ii., 1, ^i. 161; ed. Orelli. — Compare Diod. Sic;, xi., 25.--Plaut., Plan., IV., ii., 5;— Id., Capt., III., v., 65.— Festtis, s. V. Latumifi.) —^. (.^lian, V. II., xii.,' 44. — ^Cic. iil Terr., T., 55.)— 6. (in Verr., v., 27.)— T. (Compare Thucjrd.jTii.j W.)— 8. (MUin, 1. c.)— 9. (Dion Cass., IVl., 34.— Compare Di- imys'., Alt. Kom., iT., p. 270.— Corn. Nepos, Att.,aS,2.— Tacit., Hist., iii., 67.)— 10. (Novell., 43 an'l 59.) . 570 LECTICA.' breshave been found on several sepuJchY^I iiionB ments. The following woodcut represents one ta ken from the tombstone of M. AntoniiiS Antiuj Lupus.' Lecticse for sick persons ai.d invalids seem like- wise to have been in use in Greece and at Rome from very early times, and their construction prob- ably differed very little from that of a lectica fune- bris." We also frequently read that generals in their camps, when they had received a severe wound, or when they were suffering from ill health, made use of a lectica to be carried from one place to another.' Down to the time of the Gracchi' we do notbear that lecticse were used at Rome for any other, puin poses than those mentioned above. The GieekS) however, had been long familiar with a different kind of lectica {kMvji or tjiopdov), which was introducei among them from Asia, and which was more an article Of luxury than anything to supply an actual want. It consisted of a bed or mattress, and a pil- low to support the head, placed upon a kind of beJ- stead or couch. It had a roof consisting , pf the skin of an ox, extending over the couch and resting on four posts. The sides of this lectica were cov- ered with curtains {avTialai,). It appears to have t eett chiefly used by women,* and by men only when they were in ill health.' If a man without any physicai necessity made use of a lectica, he drew upon him- self the censure of his countrymen as a person of effeminate character.' But in the time snbsequenl to the Macedonian conquests in Asia, lecticse were not only more generally used in Greece, but were also more magnificently adorned.' The persons or slaves who carried their masters or mistresses in ii lectica were called i^opea^opoi,' and their number was generally two or four.' When this kind of lec- tica was introduced among the Romans, it was chiefly used in travelling, and only very seldom in the city of Rome itself The first trace of such a lectica is in a fragment of a speech of C. Grac- chus, quoted by Gelllus." From this passiige it seems evident that this article of luxury was intro- duced into Italy from Asia, and that at the time scarcely any other lectica than the lectica funebris was known to the country people about RomCf It also appears from this passage that thelectica,there spoken of was covered, otherwise the countryman could not have asked whether they were, carrying a dead body." The resemblance of such a lectica used by the Romans to that which ttie Greek? had received from Asia is manifest from the words of Martial:" " lectica tula pelle velogue." Ithadaroof,; consisting of a large piece of skin or leather ex- panded over it and supported by four posts, and the sides also were covered with curtains {vela,plag. — Agyafalva, Wanderuhgen durch Pompeii.)j— 8^(Liv., ii., 36.— Aurel. Viiit., DeVir. 111., c. 34.)— 3. (Liv., xiiir,42.— Val. Ma*:, ii., 8, 2.-14., ii, 7.— Sueton., Octav., -^l.)'^. (Suid., 8. v: 0op£tovi)-^5.' (Anacr. ap, Athen.,' xii.; p. 533;'fiyEa were pil- lows or bolsters ; but this opinion seems to be refu- ted by the circumstance that, in Odyss., vi., 38, they are described as being washed, without anything being said as to any operation which would have necessarily preceded tlie washing had they been pillows. Beyond this supposition respecting the f)ij- yea, we have no traces of pillows or bolsters being used in the Homeric age. The bedstead {Xexog, XcKTpov, Siiiviov) of persons of high rank was cov- ered with skins (kuco), upon which the l>riyEa were placed, and over these linen sheets or carpets were spread ; the ;r^n»'a, lastly, served as a cover or blanket for the sleeper.' Poor persons slept on skins or beds of dry herbs spread on the ground'.' These simple beds, to which, shortly after the Ho- meric age, a pillow for the head was added, contin- ued to be used by the poorer classes among the Greelts at all times. Thus the bed of the orator Lycurgus is said to have consisted of one sheep- akin (xa/iiov) and a pillow.' But the complete bed [civ^\ o( a wealthy Greek in later times generally consisted of the following parts : kVwji, emrovot, TvWeiov or nveipaTiov, ■KpooKE^aKeiov, and arpu/^ara. The K?,lvti is, properly speaking, only the bedstead, and seems to have consisted only of posts fitted into one another, and resting upon four feet. At the head part alone there was a board {uviIkXivtpov or e-irUltvTpov) to support the pillow and prevent its falling out. Sometimes the aviiiclivrpov is want- ing." (Compare the first woodcut in page 188.) Sometimes, however, the bottom part of a bedstead was likewise protected by a board, so that in this case a Greek bedstead resembled a modern so-call- ed French bedstead. The Klivri was generally made of wood, which in quality varied according to the means of the persons for whose use it was destined ; for in some cases we find that it was made of solid maple or boxwood, or veneered with a coating of these more expensive woods. At a later period, bedsteads were not only made of solid ivory or ve- neered with tortoise-shell, but sometimes had silver feet.' The bedstead was provided with girths (rovot, imrovoi, Ketpia\ on which the bed or mattress (kvc- i^c.?,ov, rvJ.eiov, Kolrog, or Tvlji) rested ; instead of these girths, poorer people used strings." The eov- nr or ticking of a mattress was made of linen or woollen cloth, or of leather, and the usual material !. (11., iii., 448.— Compare Odyss., ixiii., 219, &c.)— 2. (Odyss., •is., 337.)— 3. (Odyss., x., 352.)- 4. (Odyss., xiii., 73.) — 5. (Odyss., iv., 296, cfcc— II., xxiv., 643, <&c.— lb., ijc., 660, &c.)— 0. (Odyss., xiv., 519.— lb., xx., 139, &c.— lb., xi., 188, lpu/t^ or yvdpahiv) was either wool or dried weeds. At the head part of the bed, and supported by the ivi- K^ivrpov, lay a round pillow {npoaiteif'dXeiov) to sup- port the head ; and in some ancient pictures twg other square pillows are seen, which were intended to support the back. The covers of such pillows are striped in several pictures on ancient vases (sea the woodcut in page 326), and were therefore prob. ably of various colours. They were undoubtedly filled with the same materials as the beds and mat- tresses. The bed-covers, which may be termed blanketa or counterpanes, were called by a variety of names, such as nepLaTpujiaTa, viroaTpu/uiTa, liriS^^/iaTO, epeaTptde^j X^aliJat, afiipLeaTpl6e^f.h'jn66?iata, daTrticf, ■ipt7u>SdnidE;, ^vaTiScg, xpvoojTaoToi, TiimiTes, or aju- ^irdnriTSQ. The common name, however, was crrpu- fiara. They were generally made of cloth, which was very thick and woolly either on one or on botli sides.' It is not always easy to distinguish wheth- er the ancients, when speaking of kTiXvoi, mean beds in our sense of the word, or the couches on which they lay at meal-times. We consequently do not know whether the descriptive epithets of KKivai, enumerated by Pollux, belong to beds or to couch-! es. But this matters little, as there was scarcely' any difference between the beds of the ancients and their couches, with this exception, that the lat- ter, being made for appearance as well as for com- fort, were, on the whole, undoubtedly more splen- did and costly than the former. Considering, how-, ever, that bedsteads were often made of the most costly materials, we .may reasonably infer that the coverings and other ornaments of beds were little inferior to those of couches. Notwithstanding the splendour and comfort of many Greek beds, the Asiatics, who have at all times excelled the Eui-c) peans in these kinds of luxuries, said that the Greeks did not understand how to make a comfortable bed." The places most celebrated for the manufacture ol splendid bed-covers were Miletus, Corinth, and Carthage.' It appears that the Greeks, though they wore nightgowns, did not simply cover them- selves with the arpd/iaTa, but wrapped themselves up in them. Less wealthy persons continued, ac- cording to the ancient custom, to use skins of sheep and other animals, especially in winter, as blan- kets.* The bedsteads of the poorer classes are des- ignated by the names cKiftnov^, uaKavrtic, and Kpa6- farof, and an exaggerated description of such a bed is given by Aristophanes.' The words ;[a/iE?ivi? and xafiEvviov, which originally signified a bed of straw or dry herbs made on the ground,' were afterward applied to a bed which was only near the ground, to distinguish it from the kUvv, which was gener- ally a high bedstead. Xafievvia were the usual beds for slaves, soldiers in the field, and poor citizens, and the mattresses used in them were mere mats made of rushes or bast.' The beds of the Romans {lecli cuUculares) in the earlier periods of the Republic were probably of the same description as those used in Greece ; but to- wards the end of the Republic and during the Em pire, when Asiatic luxuries were imported into Italy, the richness and magnificence of the beds of the wealthy Romans far surpassed everything we find described in Greece. The bedstead was geneially rather high, so that persons entered the bed (scoit dere, ascendere) by means of steps placed beside it 1. (Pollux, Onom., vi., 9.)— 2. (Athen., ii., p. 48.— Plut,, P«- lop., 30.)— 3. (Aristoph., Ran., 410, 542, with the Schol.— Id., Jjysistr., 732.— Cio. in Verr., i., 34.— Athen., i., p. 27 and S8.) -4. (Pollux, Onom., x., 123.— Aristoph., Nnb., 10.)— 5. (Plot, 540, &c.— Compare Lysistr., 916.)— 6. (Theocril., iii., 33.— Pint, Lycurg., 16.)— 7. (Pollux, 1. c, and vi., 11.— Compare Becket Charikles, ii., p. 114-122.- Pollux, x., 7, 8 ; vi.. 1.) LEGATUM. yicammm^)- It was sometimes made of metal, and sometimes of costly kinds of wood, or veneered with tortoise-shell or ivory ; its feet {fulcra) were frequently of silver or gold.' The bed or mattress {culcita and torus) rested upon girths or strings {reg- ies, fascia, insiita, or funes) which connected the two horizontal side-posts of the bed.' In beds des- tined for two persons, the two sides are distinguish- ed by different names ; the side at which persons entered was open, and bore the name sponda ; the other side, which was protected by a board, was called pluteus.* The two sides of such a bed are also distinguished by the names torus exterior and torus interior, or sponda exterior and sponda interi- or ;* and from these expressions it is not improba- ble that such lecti had two beds or mattresses, one for each person. Mattresses were in the eariier times filled with dry herbs' or straw,' and such beds continued to be used by the poor. But in sub- sequent times, wool, and, at a still later period, feathers, were used by the wealthy for the beds as well as the pillows.' The cloth or ticking {operi- mentum or involucrum) with which the beds or mat- tresses were covered was called toral, torale, lin- teum, or segestre.' The blankets or counterpanes [vestes stragultE, stragula, peristromata, peripetasma- ta) were in the houses of wealthy Romans of the most costly description, and generally of a purple colour {stragula conchylio tincta, peristromata conchyl- iala, coccina stragula), and embroidered with beau- tiful figures in gold. Covers of this sort were call- ed peripetasmata Attalica, because they were said to have been first used at the court of Attalus." The pillows were likewise covered with magnifi- cent casings. Whether the ancients had curtains to their beds is not mentioned anywhere ; but as curtains, or, rather, a kind of canopy {aulcea), were used in the lectus trieliniaris" for the purpose of preventing the dust falling upon the persons lying on it, it is not improbable that the same or a simi- lar contrivance was used in the lectus cubicularis. The lectus genialis or adversus was the bridal bed, which stood in the atrium, opposite the janua, whence it derived the epithet adversus." (Com- pare HoDSE, p. 517.) It was generally high, with steps by its side„ and in later times beautifully adorned.'^ ' Respecting the lectus funebris, see the articles FoNUs and Leotica. An account of the disposition of the couches used at entertainments, and of, the place which each guest occupied, is given under Tkiclinium '♦ LE'CUTHI {XiJKveoi). {Yid. Funds, p. 456.) LEGA'TIO Ll'BERA. {Yid. Leoaths, p. 576.) LEGA'TUM, a Legacy, is variously defined by the Roman jurists, but there can be no exact defi- nition except refefence be made to a heres. Un- less there is a heres duly instituted, no legacy can be given. A legatum, then, is a part of the heredi- tas which a testator gives out of it, from the heres (ah hcrede) ; that is, it is a gift to a person out of that whole {universum) which is diminished to the heres by such gift. Accordingly, the phrase "ab 1. (Varro, De Lin^. Lat., v., 168. — Miiller.— Ovid, Fast., ii., U9, " Titio hominem stichum do, lego ; Seio (undem hominem do, lego." If one collegatarius failed to take, his por- tion went to the others. In the case of a conditional legacy left per vindicationem, the schools were di-; vided in opinion : the Sabiniani said that it was the property of the heres during the pendency of the .condition; the Proculiani said that it.was "res nul- lius." The form of the per damnationem was this : " Ife- res meus stic/ium servum meufn dare damnas esto ;" but the word dato was equally effective. A thing which belonged to ajiother {aliena res) could be thu)s left, and the heres was bound to procure the, thing; lor the legatee, or to pay him the value of it. A thing not in existence at the date oi the will might til! left by this form, as the future p oduce of a fe- male slave (ancilla). The legatee did not acquire the quiritarian ownership of the legacy by virtue of the hereditatis aditio : the thing still remained the property of the heres, and the legatee could only sue for it by an actio in personam. If it was a thing mancipi, the legatee could only acquire the quiritarian ownership of it by mancipatio or in jure cessio from the heres ; if it was merely delivered, the legatarius only acquired the complete ownership {plenum jus) by usucapion. If the same thing was left to two or more conjunctim, each had an equal share ; if disjunctim, the heres was bound to give the thing to one, and its value to the rest. In the case of a gift conjunctim, the share of the legatee who failed to take belonged to the hereditas ; but the lex Papia made it caducum, and gave it first to a collegatarius who had children, then to the heredes who had children, and then to the other legatees who had children (,legatarii), a privilege which Juvenal alludes to {duke caducum^). The legatum sinendi mode was thus given ; " He- res meus damnas esto sinere Lucium Titium hominem Stichum sumere sibique habere;" by which form a testator could give either his own property or that of his heres. As in the case of a legatum per dam- nationem, the legatee prosecuted his claim by an actio in; personam. It . W3s , doubted whether the heres was bound to transfer the property, in the case of a res mancipi, by mancipatio or in jure cessio, or, in the case of a thing neo mancipi, by traditio or delivery, for the words of the gift are *' permit him to take." It was also a still more doubtful ques- tion (in the time of Gains), whether, if the same thing was given in this way to two severally {dis- /ttncim), the whole was due to each, or if the heres was released from all farther claim when either of them had obtained possession of the whole with his permission. The legatum per praeceptionem was in this manner : " Lucius Titius hominem stichum pracipito ;" where "prsBcipito" is the same as "praecipuum sumito," or "take first." The Sabiniani were of opinio;i that a legacy could only thus be left to one who was also made a heres ; but a senatus consultum Neronia- oom made the legacy good, even if it was thus left to an extraneus, that is, to another than the heres, provided the legatee was a person to whom a lega- cy could be left in any of the three other modes. LEGAaiJMt. For, the senatus cqnsqltum made those legLciei valid which were not valid by the jus civile on ao. count of the words, of the gift {verborum vitio), but not those legacies which Were invalid on account of the incapacity of the legatee {ntio persona), which was the case with a peregrinus. The Sa- biniani also maintained that a man, could, leave iq this manner only what was his own ; fo?: the only way in which the legatee could enforce his right was by a judicium farnilise erciscundae, in whicl) ju. dicium it was necessary that the judex should ad- judicate that which was given ,per praseeptioijeiii, and he pould adjudicate on nothing else, than the res hereditaria. , But the same senatus cpnsultuip made a legacy valid which was given in this form, even if the thing did not belong to the testator. Ttie Proculiani contended that a legacy could be given to, an extraneus per praeceptjonem ; and, far- ther, that if the thing was the testator's ex jure quiritiuin, it could be sued (or {vindicari) by the leg- atee, whether he was a heres or not {extraneus) : if it was the testator's in bonis, it was a utile legatuip to the extraneus by the senatus consultum, and the heres could obtain it in a judicium familiae erciscuri- dae. If it did not belong to, the testator in either w-ay, still the legatum was made utile both to tiid heres and the extraneus by the senatus consultum. If the same thing was thus left to more than one either disjunctim or conjunctim, eacji had only .his share. By the law of the Twelve Tables, a man could dispose of his property as he pleased, and he might exhaust, (crog'ttre) the whole hereditas by legacies and bequests of freedom to glaves, so as. to leave the heres nothing. The consequence was, that in such cases the scripti heredes refused to take the hereditas, and there was, of course, an intestacy. The first legislative measure on this subject v^as the lex Furia, called Testamentaria, which did not allow a testator to give as a donatio mortis causa or as a legacy more than a thousand asses to one per- son, certain relatives excepted.' But this measure was a failure, for it did not prevent a man from giving as many several thousands to as many per- sons as he pleased, and so exhausting his estate. The lex Voconia (B.C. 169) aftei-ward enacted that no person should take by way of legacy or donatio mortis causa more than the heredes (severally, as it seems) ; but this lex was ineffectual ; for, by dis- tributing the hereditas among numerous legatees, the heres might have so small a portion as not to make it worth his While to assume the burdens at- tached to the hereditas." Tlie lex Falci^ia (B.C!. 40) at last took away all means of evas-on by de- claring that a testator should not give more thai) three fourths in legacies, and thus a fourth was se- cured to the heres ; and " this law," says Gains, " is now in force." The senatus consilium Pegasi- anum extended the same rule of law to fideicom- missa {vid. Fideicommissa) ; and the Emperor An- toninus Pius applied it to the case of fideicommissa when there was an intestacy.* The lex Falcidia applied to the wills of persons who died in captivity {apud hostes), for a previous lex Cornelia had given to the wills of such persons the same force as if they had died cives {in civitate*). Legata were inutilia or void if they were given before a heres was instituted by the will, for the will derived all its legal efficacy from such instits tion ; there was th^ same rule as to a gift of freft dqm. It was an inutile legatum, if in form th( gift was given after the death, of the heres, but i' might be given on the event of his death ; it wa: 574 1. (ij , 88.) I. (Caius, iii., 225.— Dip., Frag., i., s. 2; iiviii.,r».7-)— * rCaiua, ii., 26.— Cic. in Verr., lib. i., c. 43.)— 3. (1% », tit. .Ji «. 18.)— 4. (Dig. 35, tit. 2, s. 1.) :, LEGA,TCJM. LEGA7TJS. alto ip.'JtiJe if given in form on the day before the death of the testator, for which rule of law, says Gaius, there seems to be no good reason {pretioaa 'alio). A legatum could not be left in the way of a penalty (pomcB nomine), that is, for the purpose of compelling the heres to do, or restraining him from doing, any particular act. A legacy could not be left to an uncertain person {incerta persona). The notion of an uncertain person was not of a person who could never be ascertained ; for in sev- eral of the instances mentioned by Gaius, the person or persons would be easily ascertained (for instance, "gui post testamentum consuies designati erunt"); but the notion of the uncertainty was referred to the mind of the testator at the time of making his testament. Accordingly, the persona was not con- sidered incerta where he was one of a certain class, such as cognati, though the individual of the class might be uncertain tUl the event happened which was to determine who out of the class was intended by the testator. Such a form of bequest was called a certa demonstratio incertje persons.' A legacy could not be left to a postumus aljenus, nor could such a person be a heres institutus, for he was an incerta persona. It has been explained elsewhere who is a postumus {vid, Heees, p. 500) : a postu- mus alienus is one who, when born, cannot be among the sui heredes of the testator. It was a question whether a legacy could be le- gally (recte) left to a person who was in the power of another person who was made heres by the same will. The Proouliani denied that such a legacy could be left either pure or sub condicione. But if a person who was in the power of another, was 'made heres, a legacy might be left (ai co legari) to the peison in whose power he was ; for if such lat- ter jjeison became heres thereby (per eum), the leg- acy was extinguished, because a man cannot owe a thing to himself; but if the son was emancipated, or the slave was manumitted or transferred to an- other, and so the son became heres, or so the slave made another person heres, the legacy was due to the father or former master. Not only res singulse could he given as a legacy, but also a part of a uni- versitas of things (universarum rerwm) could be so given ; thus the heres might be directed to share a half or any other part of the hereditas with another, which was called partitio." By the jus civile there might be a legacy of a ususfructus of those things which were capable of being used and enjoyed with- out detriment to the things. By a senatus consul- turn there might be a legacy of the aVusus of those things which were consumed in the use, as wine, oil, wheat, but the legatarius had to give security for the restoration of them when his right to the enjoyment ceased. This technical meaning ofabu- sus, that is, the use of things which are consumed in the use, is contrasted with ususfructus by Cicero.' A legacy might be transferred to another person, or taken away {adimi) by another will or codicilli confirmed by a will ; it might also be taken away by erasure of the gift from the will. Such a revocation of legacies (ademptio legatorum) seems to have been only effected in the way mentioned. The expres- sion ademption of legacies in English law has a different meaning, and in the case of a specific thing corresponds to the Roman extinction of legacies, which took place if the testator disposed of the thing in his lifetime. If a legatee died after the day on which the , lega- lum had become his {post diem legati cedentem), it passed to his heres ; or, to use a phrase of Enghsh ~\aw, the legacy was vested. The phrase "iiesle- 1. (Gaius, ii., 238.)— 2. (Cic, Leg., ii., 20; Pro Ciecin, 4.-, Dip., I'rag., tit. 24, s. 25.).^3. (Top., 3.— Uflber das alter des qqasi-uflJsftact'iS' vonPuchta, Rlieinisclies Mns , 1829. ) gc^ti cedit" accordingly means " the tiiT'e S come ai which the legacy belongs to the legatee," thpiigii the time may not have come when he is entitled to receive it ; and " dies venit" denotes the arrival of the day on which it can be demanded.' If the leg- acy was left conditionally, there was no vesting till the condition was fulfilled. By the old law, legacies which were left unconditionally, or from a time named {in diem cerium), were vested from the time of the testator's death ; but by tlie lex Papia they vested from the time of opening the will. Tht leg- acy might vest immediately on the death of the testator, and yet the testator might defer the time of payment." A legacy might also be left on a con- dition of time only, as a legacy to Titius whert or if he should attain the age of fourteen years, in which case the words when and if were considered equiv-- alent, a decision which has been adopted in English law, in cases in which there is nothing in the will which gives the words "when" or "if" a different signification.' LEGA'TUS. Legati may be divided into three classes : I. Legati or ambassadors sent to Rome by foreign nations ; 2. Legati or ambassadors sent from Rome to foreign nations and into the provin- ces ; 3. Legati who accompanied the Roman gen- erals into the field, or the proconsuls and praetors into the provinces. 1. Foreign legati at Rome, from whatever coun- try they came, had to go to the Temple of Saturn and deposit? their names with the quaistors, which Plutatfih* explains as a remnant of an ancient cus- tom ; for formerly, says he, the quaestors sent pres- ents to all legati, which were called lautia; and if any ambassador was taken ill at Rome, he was in the care of the quaestors, who, if he died, had also to pay the expenses of his burial from the public treasury. When, afterward, the number of foreign ambassadors increased, in proportion as the Repub lie became extended, the former hospitable custom was reduced to the mere formality of depositing the name with the keepers of the public treasury. Pre- vious to their admission into the city, foreign am- bassadors seem to have been obliged to give notice from what nation they came and for what purpose ; for several instances are mentioned in which am- bassadors were prohibited from entering the city, especially in case of a war between Rome and the state from which'they came.' In such cases the ambassadors were either not heard at all, and obliged to quit Italy," or an audience was given to them by the senate {senatus legatis daiur) outside the city, in the Temple of Bellona.' This was evi- dently a sign of mistrust, but the ambassadors were nevertheless treated as public guests, and some public villa outside the city was sometimes assigned for their reception. In other cases, however, as soon as the report of the landing of foreign ambas- sadors on the coast of Italy was brought to Rome, especially if they were persons of great distinction, as the son of Masinissa,^ or if they came from an ally of the Roman people, some one of the inferior magistrates, oralegatus of a consul, was despatched by the senate to receive and conduct them to the city at the expense of the Republic. When they were introduced into the senate by the prajtor oi consul, they first explained what they had to com- municate, and then the prsstor invited the senators to put their questions to the ambassadors." The manner in which this questioning was frequently I. (Dig. SO, tit. 16, s. 213.)— 2. (Dig. 38, tit. 3, I. 21.)— S (Dig. 36, tit. 2, B. 5, 22.— Hanson v.Gratiam, 6 Ves., p. 243.ri' Compare Gaius, 191-245.— Ulp., Frag., tit. jiiv.— Dig. 30, Ac, — Paulus, S.R., iii., tit. 6.)— 4. (QuESt. Rom., p. 275, B.j-i.3 (Lit., ulx., 21.— Id., ilii., 36.— Id., iIt., 22.)— 6. (Liv., riii_ .36.)^.7. (LiT., 1 0.— Id,, iHc., 21.) — ,?. (Ht., x1t.,I3 ;— 9 (Lit , ixi; 22.) 575 ; , LfiGATUS. LEGUMEN. arried on, especially when the envoys tame from a state with which the Romans were at war, re- sembled more the cross-questioning of a witness in a court of justice, than an inquiry made with a view 10 gain a clear understanding of what was proposed.' The whole transaction was carried on by interpret- ers, and in the Latin language {Vid. Interpres.) Valerius Maximus' states that the Greek rhetorician Molo, a teacher of Cicero, was the first foreigner who ever addressed the Roman senate in his own tongue. After the ambassadors had thus been ex- amined, they were requested to leave the assembly of the senate, who now began to discuss the sub- ject brought before them. The result was commu- nicated to the ambassadors by the praetor.' In some oases, ambassadors not only received rich presents on their departure, but were, at the com- mand of the senate, conducted by a magistrate, and at the public expense, to the frontier of Italy, and even farther.* By the lex Gabinia it was decreed, that from the first of February to the first of March, the senate should every day give audience to foreign ambassadors.' There was at Rome, as Varro' ex- presses it, a place on the right-hand side of the senate-house called Graecostasis, in which foreign ambassadors waited. All ambassadors, whencesoever they came, were considered by the Romans throughout the whole period of their existence as sacred and inviolable.' 2. Legati to foreign nations in the name of the Roman Republic were always sent by the senate ;» and to be appointed to such a mission was consid- ered a great honour, which was conferred only on men of high rank or eminence ; for a Roman am- bassador, according to Dionysius, had the powers {ifovaia xal dma/uc) of a magistrate and the vener- able character of a prient If a Roman, during the performance of his mission as ambassador, died or was killed, his memory was honoured by the Re- public with a public sepulchre and a statue in the Rostra.' The expenses during the journey of an ambassador were, of course, paid by the Republic ; abd when he travelled through a province, the provincials had to supply him with everything he wanted. 3. The third class of legati, to whom the name of ambassadors cannot be applied, were persons who accompanied the Roman generals on their ex- peditions, and in later times the governors of prov- inces also. Legati, as serving under the consuls in the Roman armies, are mentioned along with the tribunes at a very early period.'" These legati were nominated (leirabantur) by the consul or the dictator under whom they served," but the sanction of the senate (senatus consultum) was an essential point, without which no one could be legally considered a legatus;'" and from Livy" it appears that the nomi- nation by the magistrates (consul, praetor, or dicta- i.or) did not take place until they had been authorized by a decree of the senate. The persons appointed to this office were usually men of great military lalents, and it was their duty to advise and assist iheir superior in all his undertakings, and to act in his stead both in civil and military affairs.'* The legati were thus always men in whom the consul placed great confidence, and were frequently his iriends or relatives ; but they had no power inde- 1. (Lit., 1. c, with tho note of Groaovius.) — 2. (!i.,.2, i) 3.) — t. (Liv., vifi., I.)— 4. (Liv., iIt., 14.)— 5. (Cic. od Quint. Pr., li., 11, IS.— Id., ad Fam., i., 4.)— 6. (De Ling. Lat., v., 155, MfUler.)— 7. (Cic. in Verr., i., 3S.— Dionya. Hal., Ant. Bom., li., p. 706.— Tacit., Ann., i., 42.— Liv., iii., 10.— Dig. 50, tit. 7, 1. 17.)— 8. ;Cic. in Vatin., 15.)— 9. (Liv., iv., 17.— Cic, Philip., ix., l.)-^IQ (Liv., ii., 59.— Id., iv., 17.)— 11. (Sallnst, Jag., 28. —Cic. ad Att., rv., 11.— Id., ad Fam., vi., 6.— Id., Pro Log. Ma- »a., 19.)— 12. (Cic. in Vatin., 1. c— Id., Pro Seit., 14.)— 13 (xliii.. 1.— Compare xliv., 18.)— 14. (Varro, De Ling. Lat., v., r, MiillBr.) ■ 676 pendent of the command of their general.* Thel! number varied according to the greatness or impen^ tance of the war, or the extent of the province ; three is the smallest number we know of, but Pom- pey, when in Asia, had fifteen legati. Whenever the consuls were absent from the army, or when a proconsul left his province, the legati, or one of them, took his place, and then had the insignia as well ae the power of his superior. He was in this casf called legatus pro prastore,' and hence we sometimea read that a man governed a province as legatus without any mention being made of the proconsul whose vicegerent he was.' During the latter pe- riod of the Republic, it sometimes happened that a consul carried on a war, or a proconsul governed his province through his legati, while he himself remained at Rome, or conducted some other more urgent affairs. When the provinces were divided at the time of the Empire {vid. Pkovincia), those of the Roman people were governed by men who had either been consuls or praetors, and the former were always ac- companied by three legati, the latter by one.* The provinces of the emperor, who was himself the pro- consul, were governed by persons whom the em- peror himself appointed, and who had been consuls or praetors, or were at least senators. These vice- gerents of the emperor were called legali auguali pro pmtore, legati pratorii, legati consulares, or sim- ply legati, and they, like the governors of the pro- vinciae populi Romani, had one or three legati as their assistants.' During the latter period of the Republic, it had become customary for senators to obtain from the senate the permission to travel through or stay in any province at the expense of the provincials, merely for the purpose of managing and conducting their own personal affairs. There was no restraint as to the length of time the senators were allowed to avail themselves of th:s privilege, which was a heavy burden upon the pnjvincials. This mode of sojourning in a province was called legatio libera, because those who availed themselves of it enjoyed all the privileges of a public legatus or ambassador, without having any of his duties to perform. At the time of Cicero, the privilege of legatio libera was abused to a very great extent. Cicero, there- fore, in his consulship, endeavoured to put an end to it, but, owing to the opposition of a tribune, he only succeeded in limiting the time of its duration to one year.' Julius Caesar afterward extended the time during which a senator might avail himself of legatio libera to five years,' and this law of Caesar (lex Julia) seems to have remained in force down to a very late period.' LEGES. (Vid. Leu..) LEGIO. (Vid. Army, Roman.) LEGIS ACTIO. ( Vid. Actio, p. 16.) LEGIS AQUI'LI^ ACTIO. ( Vid. Damni Inju- ria Actio.) LEGI'TIMA ACTIO. {Vid. Actio, p. 16.) LEGI'TIMA HERE'DITAS. (Firf. Heres, Bo MAN, p. 497, 499.) *LEGU'MEN, a general name among the Komani for Pulse, of which beans were esteemed the prin- cipal sort. The term is derived from lego, "to gather," because pulse are gathered by hand, Md not reaped.' 1. (Ca!S., De Bell. Civ., ii., 17.— Id. ib., iii., 51.— Appian, Bell. Civ., i.; 38.)— 2. (Liv., xxix., 9.— Lydus, De Mag., iii., 3. — Ca:s., De^Boll. Gall., i., 21.)— 3. (SaUust, Cat., 42.)— 4, (Dion Cass., liii.,.13.— Dig. 1, tit. 16.)— 5. (Strabo, iii., p. 352.— Com pare Dig. 1, tit. 18, s. 7.— Tacit., Ann., xii., 59.— Id., AgriC, o. 7. — Spanheim, De Usu et Frxstant. Numism., ii., p. 595.)— fi (Cic., De Leg., iii., 8.— Id., De Leg. Agr., i., 3.— Id., ProFlacc. 34.— Id., Philip., i., 2.)— 7. (Cic. ad Att., iv., 11.)— 8. (Sort . Tib., 31.— Dig. 50, tit. 7. •. 14.)— 9. (Martyn ad Virg., OfWg i., 74.) LEITOURGIA LEMNIA TERRA. •LEIMO'NltJM aei/iavcov), a plant, which Mat- hiolus alnd most of the sarly commentators make to have been' the Staticc Limonium, or Sea Laven- der. ■ Sprengel, however, follows Gesner in refer-i ring it to t]ie- Polygonum Bistorta, or Snakeweed.' *LEIOB'ATOS (,Xet66aT6g)i a species of Eaia. or Skate. : Artedi calls it iRaia varia ; Coray, Rai^ niiraiet.' • ■ ' ■'■ AEinOMAPTTPIOT MKH: {Xemo/idpTvpiov ), a plant which Dodonaeus and Adams refer to the Leonticc LeorUopetalum, although Sprengel is not quite satis- fied upon this point.' *LEONTOPOD'ION {leovTom5i.ov), a plant which Matthiolus (whom Sprengel follows) holds to be the species of Cudweed called Gnaphalium Leontopo- dium.' *LEOPAKDUS {TisoTvapSoc;, ^eoTrdpda^Of), the Leopard, or Fclis Leopardus. Galen distinguishes the AetiTTopiSof from the itapSoKt^, applying the latter term most probably, as Adams thinks, to the Ounce. He is the only Greek writer who uses the word Xeoirapdo^. For farther remarks on this subject, consult article Pardalis.' *LEPAS (>leirar), "the name of a shellfish noti- ced by Aristotle, Xenocrates, Athenasus, and others. It is translated Patella by Gaza, and Gesner says it is the Limpet of the English, which belongs to the genus Patella, L. Pennant and Schneider agree in referring the Xeira^ uypia of Aristotle to the Haliotis tuberculata, L., called in English the Ear-shell."» *LEPID'IUM (XettISiov), the Lcpidium latifolmm, or broad-leaved Pepperwort.' *LEPIS (/Ismf). "Celsus," observes Adams, " writes thus : ' Squamam. aris quam Graeci XemSa XoXkov vacant.' This, according to Dr. Milligan, was the peroxyde of copper. The Xemg atS^pov of Dioscorides and Paul of .^Egina was a black ox- yde of iron. According to Dr. Milward, the aro/ia- jia was the Chalybs, or ferrum purgatius of the Lat- ins, i. e., hardened or purified iron or steel. Tral- ian is the first medical author who mentions it.'"" LEPTA. (,Vid. JEs, p. 30.) LE'RIA. (Vii(J. LiMBHs, Tdnica.) LERN^A {KepvaTa) were mysteries (te/Iet^) celebrated at Lerna, in Argolis, in honour of Deme- ter." They were said to have been instituted by Philammon." In ancient times, the Argives car- ried the fire from the Temple of Artemis Pyronia, on Mount Crathis, to the Lernaea." These myster- 1. (Griffith'a Cuvior, yol. ii., p. 435, cfcc— Herod., vii., 136.— AiMlot., H. A., Ti., 28.) — 2. (PUn., H. N., ix., 31.— .ffilian, N. A., xiv., 9. — Adams, Append., s. v.) — 3. (Oppian, i., 367.) — 4. (Paus., iii., 14, tj 1.) — 5. (Dioscor.^ iii., 100. — Adams, Ap- pend., s. V.)— iB. (Dioscor., iv., 129.) — 7 (Adams, Append., s. v.) —8. (Aristot., H. A., iv., 4. — Coray ad Xenocr., p. 158.— Ad- ams, Append., s. v.) — 9. (Dioscor., ii., 205.) — 10. (Celsus, ii., 12. —Dioscorides, v., 89. — Paul. M^'a,, Tii., 3. — Adams, Append., ». V.)— 11. (Pans., ii., 36 « 7.)— 12. (Pans., ii , 37, 4 3.)— 13. -•• (i.. 84 «1 ) LEX. LEX. posed (rogaffi) at legal comltia (^justis comitns). Ac- cording to this definition,. a rogatio, when enacted, is lex ; there is also lex which is not rogatio: there- fore we must assume a general name lex, compre- hending lex proper and rogatio. The passage of iElius GalliiB is emended by Gottling,' whose emen- dation is fo'jnded on his usual felicity in mistaking the sense of a passage, and converts the clear mean- ing of Gallus into nonsense. According to the def- imtioG of Gallus, rogatio was equivalent to privile- gium, a term which occurred in the Twelve Tables,* and it signified, according to^ Gallus,' an enactment that had for its object a single person, which is in- dicated by the form of the word (privi-legium) ;' pri- vce res," being the same as " singulae res." The word privilegium, according to the explanatioh of Gellius, did not convey any notion of the character of;ithe legislative measures : it might be beneficial to the party to whom it referred, or it might not. It is generally used by Cicero in the unfavourable sense* (rogationem primlegii similemf). Under the Empire, the word is used in the sense of a special grant proceeding from the imperial favour. The meaning of lex, as contrasted with jus, is stated in. the article Jos. Some other significations of lex, which are not its proper significations, are easily explained; for in- stance, lex is used to express the terms and condi- tions of a contract, apparently with reference to the binding force of all legal contracts. In English ia- struments of contract, it is often expressed that it shall be. " lawful" for one or more of the parties, to do.acertain act, by which is simply meant that the parties agree about something which is legal, and which, therefore, makes a valid contract. Accord- ingly, vve find the expression leges censoriae to ex- press the conditions on which the censors let the public property to farm ; and perhaps the term, also signified certain standing regulations for such mat- ters, which the censors were empowered to make.' In both the cases just referred to, the phrase lex censoria is used (in the singular number), and this lex, whether a lex proper or not, seems to have been divid^pd into chapters. Lex simply sometimes signifies the laws of the Twelve Tables. A particular enactment is always referred toby its name. The following is a list of the principal leges, properly so called ; but the list includes also various plebiscita and privilegia. ACI'LIA. (Vid. REPETijND.a;.) ACI'LIA CALPU'RNIA or CALPU'RNIA. (Fa. Ambitus.) jEBU'TIA, of uncertain date, which, vtfith two Julia3 leges, put an end to the legis actiories, except in certain cases. {Vid. .Tudex, Aot?o, p. 17.) This, or another lex of the same name, prohibited the proposer of a lex, which created any office or power (fitratio ac patestas), from having such office or power, and even excluded his colleague, cognati, and affines.' 43'LIA. This lex, and a Fuiia lex passed about the end of the sixth century of the city, gave to all the magistrates the obnunciatio or power of pre- -enting or dissolving the comitia, by observing the umisns, and declaring them to be unfavourable." -E'LIA SE'NTIA. This lex contained various provisions as to the manumission of slaves. (Vid. ^LiA Senha Lex, Manuhissio.) iEMI'LlA. A lex passed in the dictatorship of Mamercus jEmilius (B,C. 433), by which the cen- 1. (GeSchjchte der B (Pliri., H. N.,.vii., 45. — Cic, Pra Dom'.,47.)— 13. (Liv., x).,44.)— 14. (Dion Cass., xl,57. — Idl xxrviii., 13.— Cic, Pro Seitib, 25.-^Dig. 50, tit. 16, s. 20S,,D< Portorio.) ■ LEX. LEX. femai(;ing after tliu passing of this lex was the Vioesiina.' C^CI'LIA DI'DIA (B.C. 88) forbade the propo- sing of a lex Satura, on the ground that the people might be compelled either to vote for something which they did not approve, or to reject something which they did approve, if it was proposed to them in this manner. This lex was not always opera- tive.' ( Via. Lex.) CALPU'RNIA DE A'MBITU. (Firf. Ambitus.) CALPU'RNIA DE CONDICTIO'NE. {Vid. Per OONDIOTIOSEM.) CALPU'RNIA DE REPETUNDIS. {Vid. Re- PETUND.*!.) CANULE'IA (B.C. 445) established connubium between the patres and plebs, which had been taken awav by the law of the Twelve Tables.' CA'SSIA (B.C. 104), proposed by the tribune L. Cassius Longinus, did not allow a person to remain a senator who had been convicted in a judicium populi, or whose imperium had been abrogated by the populus.* CA'SSIA,' which empowered the dictator CjEsar to add to the number of the patricii, to prevent their extinction. CA'SSIA AGRA'RIA, proposed by the consul Sp. Cassius, B.C. 486 ' CA'SSIA TABELLA'RIA. {Vid. Tabellaei^ CA'SSIA TERE'NTIA FRUMENTA'RIA (B.C. 63), for the distribution of corn among the poor citi- zens and the purchasing of it.' CI'NCIA DE DONIS.ET MUNE'RIBUS. {Vid. CiNciA Lex.) CLAU'DIA, a lex passed in the time of the Em- peror Claudius, tool< away the agnatorum tutela in the case of women.' CLO'DIiE, the name of various plebiscita, pro- posed by Clodius when tribune, B.C. 59. Ci.oDiA DK Auspiciis prevented the magistratus from dissolving the comitia trihuta, by declaring that the auspices were unfavourable. This lex, therefore, repealed the .., v., 21.)— 8. (Gains, i., 171.)— 9. (Dion Cass., xxxviii., 13.— Cic in Vatin., 17. — Id. in Pison., 4, 5.) — 10. (Veil. Paterc, ii., 45.)— 11. (Pro Dom., 18, &c— Post Redit. in Sen., 2, 5, &o.)— 12. (Dion Cass., xxxviii., 13.— Cic, Pro Dom., 10.)— 13. (Cic. in Pis., 4.— Id., Pro Seit., 25.— Id., ad Att., iii., Ifi. — Dion Cass^, xxxviii., 13.) 582 large part of their lands were made publiouni, anf given to military colonists. De Falsis. (Vid. Falsom.) De Injuriis. (Vid. Injuria.) Judiciaria. (Vid. Judex, p. 553.) Majestatis. (Fid. IVIajestas.) NOHMARIA. (Vid. FaLSUM.) De Prosoriptione and Peosoeiptis. (Vii. Vty SCRIPTIO.) De Paericidio. (Vid. Coenelia Lex de Sio*. eiis.) De Saceedotiis. (Vid. Sacerdotia.) De Sicaeiis. { Vid. Cornelia Lex i>e Sioaeub.i Sumtuaei.*. ( Vid. SumtuarijE Leges.) Testamentaria. (Vid, Falsum.) Unoiaria appears to have been a lex which low ered the rate of interest, and to have been passei about the same time with the leges Sumtuariae q( Snlla.' De Vadimonio. (FjU Vadimoniuh.) There were other leges Cornelise, such as that it Sponsoribus (vid. Iktercessio), which may belegiv of L. C. Sulla. There were also leges Cornelias which were pro. posed by the tribune C. Cornelius about B.C. 57, and limited the edictal power by compeUing tlie praetors jus dicere ex ediclis suis perpeluis.' (Vid. Edict iim.) Another lex of the same tribune enacted that no one "legibus soheretur," unless such a measure was agreed on in a meeting of the senate at which two hundred members were present, and afterward approved by the people ; and it enacted that no tribune should put his veto on such a senatus con- sultum.' There was also a lex Cornelia concerning the wills of those Roman citizens who died in captivity (apud hastes). (Vid. Legatum, p. 574.) De Vi Publica. (Vid. Vis Publioa.) CORNE'LIA B^'BIA DE AMBITIT, proposed by the consuls P. Cornelius Cethegua nnd M. Bee- bins Tamphilus, B.C. 181.* This law i.i sometimes, but erroneously, attributed to the couiuls of tiie preceding year, L. ^milius and Cn. Bi^bius. (Vid. Ambitus.) DI'DIA. (Vid. SuMTnAEi.(E Leges.) DOMI'TIA DE SACERDO'TIIS. (Yid.SKcm- DOTrA.) DUI'LIA (B.C. 449), a plebiscitam proposed by the tribune Duilius, which enasted -'qui pkbm sine trihunis reliquisset, quiqtii ntagistralum siM provocatione creassct, tcrgo ac (.ajAto punirctur."^ DUI'LIA MyE'NIA de un'T'ario foenore, B.C. 357. The same tribunes, Duilim and Maenius, carried a measure which was intended in future to prevent such unconstitutional procL'idings as the enactment of a lex by the soldiers oi;t cf Rome, on the propo- sal of the consul.' FA'BIA DE PLA'GIO. (Vid. Plagium.) FALCT'DIA. (Vid LnoATUM.) FA'NNIA. (Vid. f cwtuari^ Leges ) FLAMI'NIA, was -iti agraria lex for the distri- bution of lands in Picjnnm, proposed by the tiihnne C. Flaminius in B.C fi'Z8 according to Cicero, or in B.C. 232 accord ng to Polybius. The latter date is the more provable.' FLA'VIA AGRA KIA, B.C. 60, for the distribu- tion of lands among Pompey's soldiers, proposed by the tribune L. Flavius, wlio committed the consul Caecilius Metellus tj prison for opposing it ' FRUMENTA'RLE. Various leges were so called 1. (Festus, 8. V. Ilnciana.) — 2. (Ascon. in Cic, Cemel.,p. 58.— Dion Cass., xxxvi., 23.) — 3. (Ascon. in Cic, Cornel., p. 57, 58.)— 4. (Liv., x!., 19.— Schol. Bob. in Cic, Fro Sulla, p. 361, ed. Orelli.)— 5. (Liv., iii., 55.)-6. (Liv., vii., 16.)— 7. (Cic, Acad., ii., 5.— Id., De Senect., 4.— Polyb., ii., 21.)— 8. (Cic H Alt., i., 18, 19.— Dion Cass., xxxvii., 50.) LEX. LEX. Which had for their object the distribution of grain ■mong the ppople at a low price or gratuitously. {Vid. Apulei.4, Cassia Tekentia, Clodia, Livia, OCTAVIA, SeMPRONIA.) FU'FIA DE RELIGIO'NE, B.C. 61, was a priv- Uegium which related to the trial of Clodius.' FU'FIA JUDICIA'RIA. (Vid. Judex, p. 553.) • FU'RIA, or FU'SIA CANI'NIA, limited the num- ber of slaves to be manumitted by testament. ( Vid. Manumissio.) FU'RIA DE SPONSU. {Vid. Intercessio.) FU'RIA or FUSIA TESTAMENT A'RIA. {Vid. Leoatoh.) GABI'NIA TABELLA'RIA. {Vid. Tabella- There were various Gabiniffi leges, some of which were privilegia, as that for conferring extraordina- ry power on On. Pompeius for conducting the war against the pirates." A Gabinia lex, B.C. 58, forbade all loans of mon- ey at Rome to legationes from foreign parts {Sala- minii cum Roma versuram facere vellent, non pote- rant, quod lex Gabinia vetabat'). The object of the lex was to prevent money being borrowed for the purpose of bribing the senators at Rome. GE'LLIA CORNE'LIA, B.C. 73, which gave to Cn. Pompeius the extraordinary power of confer- ring the Roman civitas on Spaniards in Spain, with the advice of his consilium {de consilii sententia*). GENU'CIA, B.C. 341, forbade altogether the taking of interest for the use of money.' Other plebiscita of the same year are mentioned by Livy.« GA'LLI^ CISALPI'N.iE. {Vid. Robria.) HIERO'NICA was not a lex properly so called. Before the Roman conquest of Sicily, the payment of the tenths of wine, oil, and other produce had been fixed by Hiero, and the Roman quaestors, in letting these tenths to farm, followed the practice which they found established.' HORA'TIA, proposed by M. Horatius, made the persons of tlie tribunes, the sediles, and others sacro- sancti.' Another lex Horatia mentioned by Gel- lius' was a privilegium. HORTE'NSIA DE PLEBISCITIS. {Vid. Ple- BISOITBM.) Another lex Hortensia enacted that the nundinse, which had hitherto been feriae, should be dies fasti. This was done for the purpose of accommodating the inhabitants of the country." HOSTI'LIA DE FASTIS is mentioned only in the Institutes of Justinian." ICI'LIA, B.C. 456, by which the Aventinus was assigned to the plebs. This was the first instance of the ager publicus being assigned to the plebs." Another lex Icilia, proposed by the tribune Sp Icilius, B.C. 470, had for its object to prevent all interruption to the tribunes while acting in the dis- charge of their duties. In some cases the penalty was death." JU'LI.ffi. {Vid. JoLiiE Leges.) JU'NIA DE PEREGRI'NIS, proposed B.C. 126 by M. Junius Pennus, a tribune, banished peregrini from the city. > A lex of C. Fannius, consul, B.C. 122, contained the same provisions respecting the Latini and Itali- ci; and a lex of C. Papius, perhaps B.C. 65, con- tained the same respecting all persons who were not domiciled in Italy.'* 1. (Cic. ad Att., i., 13, 16.)— 2. (Cic, Fro Lege Manil., 17.— Veil. Patero. ii., 31.— Dion Cass., xxxvi., 6.— Plut., Pomp., 25.) — 3. (Cic. ad Att., v., 21.— Id. ib., vi., 1, 2.)— 4. (Cic, Pro Balbo, 8, 14.)— 5. (Liv., vii., 42.)— 6. (vii., 42.)— 7. (Cic, Verr., ii., IS, 26, 60.— Id. ib., iii., 6, &c)— 8. (Liv., iii., 55.)— 9. (vi., I.)— 10. (Macrob., i., 16.— Plin., II. N., xviii., 3.)— 11. (iv., tit. ie.)— 12. (Liv., iii., 21, 32.— Dionys., x., 32.— Niebuhr, Hist, of Kpmo, ii., p. 299.)— 13. (Dionys., vii., 17.— Cic, Pro Sextio, 37. —Niebuhr, ii., p. 231.)— 14. (Cic, De Off., iii., 11.— Urut., 86, IS — De Leg. Agi'., i.,4. — Festus, s. v. Respublicas.) JU'NIA LICI'NIA. {Vid. LicmiA Jonia.) . JU'NIA NORBA'NA, of uncertain date, but prolv ably about A.D. 17, enacted that when a Roman citizen had manumitted a slave without the requi- site formalities, the manumission should not in all cases be ineffectual, but the manumitted person should have the status of a Lalinus.' {Vid. Latisi- TAS, LiBERTUS.) JU'NIA REPETUNDA'RUM. {Vid. Repetdn- ■OM.) JU'NIA VELLE'IA, A.D. 8, allowed a postumus to be instituted heres, if he should be born in the lifetime of the testator. It also so far modified the old law, that a person who, by the death of a heres institutus, after the testator had made his will, be- came a heres quasi agnascendo, did not brealv the will if he was instituted heres." L^TO'RIA. {Vid. Curator.) Sometimes the lex proposed by Volero for elect ing plebeian magistrates at the comitia tributa is cited as a lex Laetoria." LICI'NIA DE SODALI'TIIS. {Vid. Ambitus.] LICI'NIA JU'NIA, or, as it is sometimes called, Junia et Licinia, passed in the consulship of L. Licinins Murena and Junius Silanus, B.C. 62, en- forced the Caecilia Didia, in connexion with which it is sometimes mentioned.* . LICI'NIA MU'CIA DE CIVIBUS REGUNDIS, passed in the consulship of L. Licinius Crassus and Q. Mucius Scffivola, B.C. 95, v,'hich enacted a strict examination as to the title to citizenship, and de- prived of the exercise of civic rights all those who could not make out a good title to them. This measure partly led to the Marsic war.' LICI'NIA SUMTUA'RIA. {Vid. Sumtuabijb Leges.) LICI'NIA ROGA'TIONES. {Vid. Rogatioxeii LI'VI^ were various enactments proposed by the tribune M. Livius Drusus, B.C. 91, for estab- lishing colonies in Italy and Sicily, distributing corn among the poor citizens at a low rate, and ad- mitting the foederatae civitates to the Roman civitas. He is also said to have been the mover of a law for adulterating silver by mixing with it an eighth part of brass.' Drusus was assassinated, and the senate declared that aU his leges were passed con- tra auspicia, and v/ere therefore not leges.' LUTA'TIA DE VI. {Vid. Vis.) IVLE'NIA LEX is only mentioned by Cicero,' who says that M. Curius compelled the patres " ante auctores fieri," in the case of the election oi a plebeian consul, " which," adds Cicero, " was a great thing to accomplish, as the lex Maenia was not yet passed." The lex therefore required the patres to give their consent, at least to the election of a magistratus, or, in other words, to confer, or agree to confer, the imperium on the person whom the comitia should elect. Livy' appears to refer to this law. It was probably proposed by the trib- une Msenius, B.C. 287. MAJESTA'TIS. {Vid. Majestas.) MAMI'LIA DE COLO'NIIS. The subject of this lex and its date are fully discussed by Rudorff," who shows that the lex Mamilia, Roscia, Peduoaea, AUiena, Fabia, is the same as the " lex Agraria quam Gains Caesar tulit,"" and that this Gaius Caesar is the Emperor Caligula. MANI'LIA, proposed by the tribune C. Manilius, ~ 1. (Gaius, i., 16, 17, 22.— Id., iii., 56.— Ulp., Frag., tit. I.)— S. (Gains, ii., 134.— Ulp., Frag., x\n., 19.)— 3. (Liv., ii., 56, 57.)— 4. (Cic, Pro Sextio, 64 | Phil., v., 3 ; ad Att., ii., 9 ; iv., 16 : inVatin., 14.) -5. (Cic, Do Off., iii., 11.— Id., Brut., 16.— Id., Pro Balb., 21, 24.)— 6. (Plin., H. N., xxxiii., 3.)— 7. (Cic.Lej., ii., 6, 12.— Id., Pro Dom., 16. —Liv., Epit., 71. — Appian, BdL Civ., i., 35. — Ascon. in Cic, Gomel., p. 62.) — 8. (Brutus, 14 )—, 9. (i., 17.)— 10. (Zeitschrift, Tol.ix.)— 11. (Dig.47,tit.81.,B.JJ 583 LEX. LEX. B.O. 66, ^»as a privilegium by whieh was conferred on Pompey the eommand in the war against Mith- radates. ' The lex was supported' by Oiotero.when prsetor."' The leges Manilianae, mentioned ByOiCeroj? were eyidently not leges proper, but probably forms which it was prudent for parties to observe in buying and selling. MA'NLIA, also caUed LICI'NIA, B.C. 196, cre- ated the triumviri epulones.' MA'NLIA DE VICE'SIMA. {Vid. Vioesima.) MA'RCIA, probably about the year B.Ci 353, •' adversus feneratores."* MA'RCIA, an agrarian law proposed by the trib- une L. Marcius Philippus, B.C. 104.' MA'RIA, proposed by Marius when tribune, B.C. 119, for narrowing the pontes at elections.' ME'MMIA or RE'MMIA. {Vid. Calumnia.) ME'NSIA. This lex enacted that if a woman who was a Roman citizen {civis Romana) married a peregrinus, the offspring was a peregrinus. If there was connubium between the peregrinus and the woman, the children, according to the principle of connubium, were peregrini, as the legal effect of. connubium was that children followed; the condi- tion of their father {liberi semper patrem sequuntur). If there were no connubium, the children, accord- ing to another rule of law,- by which they followed the condition of the motherj would have been Ro- man citizens ; and it was the object of the law to prevent this.' MINU'CIA, B.C. 216,created the triumviri men- sarii.* OCTA'VIA, one of the numerous leges frumen- tarise which repealed a Sempronia Frumentaria. It is mentioned by Cicero' as a more reasonable measure than the Sempronia, which was too pro- fuse. OGU'LNIA, proposed by the tribunes B.C. 300, increased the number of pontifices to eight and that of the augurs to nine ; it also enacted that four of the pontifices and five of the augurs should be taken from the plebes.'" O'PPIA. {Vid. StiMTUARi^ Leges.) O'HCHIA. (Fid. SuMTDARiiE Leges.) OVI'NIA, of uncertain date, was a plebiscitum wliich gave the censors certain powers in regular ting the lists of the senators {ordo senatorius) : the main object seems to have been to exclude all im- proper persons from the senate, and to prevent their admission,if in other respects qualified." The lex Ovinia of Gains," if the reading is right, was perhaps a different lex. PA'PIA DE PEREGRI'NIS. {Vid. Jdnia de Peregkinis.) PA'PIA POPP^A. (Fid. Juli-je Leges.) A lex Papia on the manner of choosing the vestal virgins is mentioned by Gellius ;^' but the reading- appears to be doubtful, and perhaps it ought to be called lex Popilia. PAPI'RIA or JU'LIA PAPI'RIA DE MULCTA'.^ RUM ^STIMATIONE (B.C. 430), fixed a. money value according to which fines were paid, which formerly were paid insheep and cattle.'* (iellius"- and Fffstus" make this valuation part of the Ater- uian law {vid. Aternia Tarpeia), but in this they appear to be mistaken, according to Niebuhr.'' -i , PAPI'RIA, by which the as was made semunci- . 1. (De Lege Manilla. — Pint., Pomp., SO.-r^Dion Cass., xxxvi., as.)— 2. (De Or., L, 58.)— 3. (Liv., Jcxxiii., 42.— Cic, De Or., Hi., 190 —4. (Gaius, iv., 23.— Liv., vii., 21.) —5. (Cic, De Off,, ii., 81.)— 6. (Oic, De Leg., iii., 17.— Plat;, Mar., 4.)^7. (Gaius, i., 78.— Ulp., Frag., y., tit. 8.)-8. (Liv., xxiii., 21.)— 9. (Brut,, 62. —Do Off., ii., 21.) — 10. (Liv., x.,,e-9.) — ll. (Fcstus, s. v. "Prjjteriti Senatores."— Cic, De Log-jiii,, 12.)— 12.. (iv., '109.) —13. (i., 12 ) — 14. (Liv., iv., 30.— Cic, Deilep., ii., 3S.)— 15. I.)— 18 (s. V. Poculatus.)— 17. (Hiot. of Rome, ii., p. 300.) 59i lalis," one of a»e various enactments ; whiaii tainr pe^ed with the coinage. :> ;i ; PAPI'RIA, B.C. 332,.proposedi by the, prsatoii Papirius, gave the Acerrani the ci vitas without tUi 1 suffragium.. . It was properly a privilegium, .but ia useful as illustrating the history, of the extension of ithacivitas Romanav''( • -.- . P-API'RIA, of uncertain date, enacted that m aedes should be declared- conseorataj without a pie. biscitum {injussu Plebis'). PAPI'RIA PLAU'TI A, a;plebiscitum of the year B.C. 89, proposed by .the tribunes C. Papirius Car. bo and M. Plautius SUvanus, in the consulship at Cn. Pompeius Strabo andL.Porcius CattOjis c^ed by Cicero* a lex of Silvanus and Carbo.' PAPI'RIA PQETE'UA.1 {Vtd. Poetelia.) PAPI'RIA TABELLARIA. .(Fid. Tabkhablb Leges.) 1 , ■. PEDUC^A, B.C. 113, a plebiscitum, seems to have been merely a privilegiumi and not a general law, against incestum.* HI . PESULA'NIA provided that if an? animal didianji idamage, the owner should make itigood or givesup theanimal.' Therewasa general pj-ovisiontothia; effect in the Twelve Tables,' and it might bo k^ ferred from Paulus that this lex extendfidvthepro-' visions of the old) law- to dogs.j . PETRE;IA, a lex under this -title, DaDaeima . tione Militum, in : case lOf mutiny, is mentiodiei by; Appiaui' :.....,. PETRO'NIA,; probablyc passed, in the reign of Augustus, and subsequeBtly amended by various senatus consulta, forbade a toaster to deliver up his slave to fight with wild beasts. If^ however, the master thought that his slave deserved such a;pft.; ishment, he might take him before, the authoritieft {judex), who might condemn him, to fight if ho, ap-, peared to deserve it.'" , PINA'RIA" related to the giving of a judex with in a limited time. PL^TCRIA. (Fid. Curator.) .. PLAU'TIA or PLO'TIA DE VI. . {Vid. Vis.) PLAU'TIA or PLO'TIA JUDICIA'RIA is. men- tioned by 4sconius' ^ as having enacted that fifteen persons should be annually taken ficin each tribe to he placed in the album judicum. . i POETE'LIA, B.C. 358, a plebiscitum, was the first lex against ambitus." , POETE'LIA PAPI'RIA, B.C. 336, made an im- portant change in the liabilities of the Nexii'? {Vid. Nexi.) POMPEI., by depfiuTcvai croTLat. The title of the book {titulus, index) was written on a small strip of papyrus or parchment with a light red colour {coccum ox minium). Winkelmaim supposed that the title was on a kind of ticket sus- pended to the roll; as is seen in the paintings'at Herculaneum (see woodcut), but it was most prob- ably stuck on the papyrus itself" We learn from Seneca" and Martial" that the portraits of the au- thors were often placed on the first page of the work.'* Compare the articles Atramenthm, BibU- OPOLA, BiBLIOTHECA, CaLAMUS, CaPSA, StYLDS. LIBERA'LIA. (.Fj(i. Dionysia, p. 366.) LIBERA'LIS CAUSA. (Fid. Asseetor.) . LI'BERI. {Vid. Ingenui, Libeetos.) i LIBERO'RUM JUS. (Vid. Julia et Papu Por- p.»;a Lex.) LIBERTUS, EIBERTI'NUS.; Freemeft {libm) were teither ingenuii(TJZ(i. lNGE.NDr)or libertini. Lib- ertini were those persons who had. been released froni legal servitude {qui ex jusla servitute manumis si »aw"). A manumitted slave was hbertus (that is, liberatus) with reference to hismaster ; with refer- ence to the class to which he belonged after manu- mission, he was libertinus. According to Suetonius, libertinus was the son of a libertus in the time of the censor Appius Claudius, and for some tilM after ;" but this is not the meaning of the word in the extant Roman writers. There were three modes of legitima manumissio, the vindicta, the census, and the testamentum : if 1. (ad Fam;, vii., 18 1-^2. (Compare Catnll., xxii., 5.— Mw tial, xiv., 7.)— 3. (Cie. ad Att., ii., 10.)— 4. (Trist., i., 1, 117.)—* (Compare Cic, Tusc, iii., 3.— Id., ad Fam., ivii., 17.)-r6. (Ep iii., 5.)— 7. (Martial, iii., iS.— Id., v., 6, 15.— Tibiill., iii., 1, 13.- Ovid, Trist., i, 1, 8.)-..8. (Ovidi l.c.)^9. (x., 93.)— 10. (Gie ad Att.. .iv.,.5.)— U. (Compare Tibull., 1-. c.)— 12. (De Tram An., tt.)— 13. )(!liv;, 186.)-^14. (Becker, GiJlus, i., p 183-1711 —15. (OajuB, i., 11.)— 16. (Claud., c. 24 ) LIBERfUS. LIBRA > the manumitted slave was above thirty years of ! age, if he was the quiritarian property of his mas* i ter, and if he was manumitted.in properform {legit- ■f ime, justi, et legitima manumissione), he beoamei a I civis Romanus :■ if any of these conditions were I wanting', he became a Latinus, and in some cases , only a dediticilis. (Tid. MANnMissio.) Thus there , were, as Ulpian observes, three kinds of liberti : cives Romani, Latini Juniani, and dediticii. j "I'he status of a civis Romanus and that of a dedi- I ticius have been already described. (Firf. Civitas, I Dediticii.) I Originally,' slaves who were so manumitted as , not to become cives Romani, were still slaves ; but the prsetor took them under his protection, and maintained their freedom, though he could not make them cives Romani. The lex Junia gave them a certain status, which was expressed by the phrase Latini Juniani : they were called Latini, says Gaius,' because they were put on the same footing as the Latini coloniarii, and Juniani, because the Junia lex gave them freedom, whereas before they were by strict law {ex jure Quiritium)' slaves. Gaius' says that the lex Junia declared such manumitted persons to be as free as if they had been Roman citizens by birth {cives Momani ingenui), who had gone out from Rome to join ' a Latin colony, and thereby had become Latini coloniarii : this passage, which is not free from difficulty, is remarked on by Savigny.' A Latinus could attain the civitas in several ways.* {Vid. Latinitas.) As the patria potestas was a jus peculiar to Roman citizetis, it followed that a Latinus had not the patria potestas over his children. If, however, he had married either a Latina and had begotten a child, who would, of course, be a Latinus, or had married a Roman civis, and had begotten a child, which, by a senatus con- sultum of Hadrian, would he a Romanus civis, he might, by complying with the provisions of the lex .^lia Sentia, in the former case obtain the civitas for himself, his wife, and chUd, and in both cases acquire the patria potestas over his child just as if the child had been born in justse. nuptise.' In considering the legal condition of libertini, it IS necessary to remember that even those who were cives Romani were not ingenui, and that their pa- troni had still certain rights with respect to them. The Latini were under some special incapacities ; for the lex Junia, which determined their status, neither gave them the power of making a will, nor of taking property under a will, nor of being named tutores in a will. They could not, therefore, take either as heredes or legatarii, but they could take by way of fideicommissum.' The sons of libertini were ingenui, but they could not have gentile rights ; and the descendants of libertini were sometimes taunted with their servile origin.' The law which concerns the property {bona) of libertini may be appropriately considered under Pa- TEOvDs : see also iNGHNni. L1B1:RTUS (GREEK) {'AmlevBepotl a freed- man. It was not unfrequent for a master at Athens to restore a slave to freedom, or to allow him to purchase it. The state into which a slave thus en- tered was called aneXevBepia, and he was said to be naif iavTov.' It is not quite certain whether those ;icrsons who are termed- ot ;fupjf okowTEf' were likewise freedmen, as the grammarians assert, or whether they were persons yet in slavery, but living separated from their master's household ; but in Demosthenes'" the expression x'->pU ^tct is evident- ,1. (i., 22; iii., 56.)— 2. (iii., 5fl,j— 3. (Zeitschrift, ix., p. 320.) " —4. (Gains, i., 28, &c.-'Dlp., Frag., tit. S.)— 5. (Gaius, i., 30, 86.)— «. (Gaius, i., 24.)— 7. (Hor., Senn., i., «, 46.)— 8. |Do- mmth.. Pro Phorm., p. 945.)—!).^ (Demoath., Philip., i.^ f 50.) 10. (0. Eaerg. et Mnosib., p 1161.) ly used as synonymous with "he- has been emanot ipated."! A slave, when manumitted, entered into the status of a //croj/edf {md. Metoiccs), ■ and; as such, he had' not only to pay the fieroiKwv, butia triobolon in addition to it. This triobolon was probably the tax which slaveholders had to pay tn the Republic for each slave they kept, so that the triobolon paid by freedmen was intended to indem- nify the state, which would otherwise have lost by every manumission of a slave.' The connexion of a freedman with his former master was, however, not broken off entirely on his manumission, for he had throughout his life to regard him as his patron {■Kpoararrig), and to fuMl certain duties towards him. in what these duties consisted beyond the obliga- tion of showing gratitude and respect towards his deliverer, and of taking him for his patron in all his affairs, is uncertain, though they seem to have beer fixed by the laws of Athens." Whether the rela- tion existing between a person and his freedman descended to the children of the latter, is likewise unknown. That a master, in case his freedman died, had some claims to his property, is clear from Isaeus.' The neglect of any of the duties which a freedman had towards his former master was pros ecuted by the anoaraciov dlKi). {Vid. AIIOSTA SIOT AlKH.) The Spartans likewise restored their slaves somo times to freedom, but in what degree such freedmeji partook of the civic franchise is not known. That they could never receive the full Spartan franchise is expressly stated by Dion Chrysostomus ;* but Miiller^ entertains the opinion that Spartan freed- men, after passing through several stages, might in the end obtain the full franchise ; this opinion, however, is- more than; doubtful. Spartan freedmen were frequently used in the armies and in the fleet, and were, according to Myro,' designated by ll;p. names of afsrai, aSeavoroi, ipvuTrjpcf, deanoawvav rai, and veoSajJiuSeig. LIBITINA'RIIJ {Vid. Funds, p. 459.) LIBRA^ dim. LIBELLA ((7fQ(?/j()f), a Balance, a pair of Scales. The principal parts of this instru- ment were, 1. The beam {vid. Jugbm), whence any- thing which is to be weighed is said vwd^vydv aya- (MiBrivai, literally, "to be thrown nnderthe beam.'" 2. The two scales, called in Greek ru/iavTa' and wXaffTiyyc,' and in Latin lances.'^'' {Vid. Lanx.) Hence the verb raTiavTsvo is en)ployed as equiva- lent to araBjidu and to the Latin libra, and is applied as descrijftive of an eagle balancing his wings in the air." The beam was made without a tongue, being held by a ring or other appendage {ligula, frSlia), fixed in the centie. (See the woodcut.) Specimens of bronze balances may be^seen in the British Museum, and in other collections of anti- quities, and also of the steelyard {vid. Statera), which was used for the same purpose as the libra The woodcut to the article Catena shows some ol the chains by which the scales are suspended from the beam. In the works of ancient art, the balance is also introduced. emblematically in a great variety of ways. Cicero" mentions the balance of Critola- us, in which the good things of the soul were put into one scale, and those of the body and all exter- nal things into the other, and iHe first was found to ^.^ outweigh the second, though it included both earth ' 1. (BOckh, Publ. Econ. of Athens, ii., p. 48.)— 2. (Meyci and SchOm., Att. Proc, p. 473, &o.— Petit., Legj. Att., ii.,,6, p. 261.— Compare Plato, De Leg., xi., p. flI5.)— 3: (De Nicostr. hiEred., c. 9. — Rhetor, ad Ale.\'., i., 16.— Compare BUnserV, De Jur.hajrod.i Ath., p. 51.) — 4. (Orat., x%xii., p. 448, B.)— 5 (Dor.fiii., 3, « 5.)— 6. (ap. Athen., vi., p. 271.)— 7. (JElian, V, 11^, X., 6.)— 8. (Horn., II., viii., 6B.— Id. ib., xii., 433.^1d. ib. xvi., 659.— Id. ib., xix., 223.- Id. ib., xxii., 209.— Arjstoph. Ran., 809.)— 9.. (Aristoph., Rail., 1425.)— 10. (Virg., Mn„:-al, 725.— Pers., iv., 10— Cic., Acad.,iv., 12.)^11. tPhilostrat. Jna Iraay., 6 Welcker, ad loc.)— 12. (Tusc, m., 17.) . 589 LIBRA. UtiKA, and sea. In Egyptian paintings the balance is often introduced for tlie salie of exliibiting the mode of comparing together the amountof a deceased man's merits and of his defects. The annexed woodcut IS taken from a beautiful bronze patera, representing Mercury and Apollo engaged in exploring the fates of Achilles and Memnon, by weighing the attendant genius of the one against that of the other.' A bal- ance is often represented on the reverse of the Ro- man imperial coins; and, to indicate more distinctly its signification, it is frequently held by a female in her right hand, while she supports a cornucopia in her left, the words .^qvitas avovsti being inscribed on the margin, so as to denote the justice and im- partiality with which the emperors dispensed their bounty. The constellation libra is placed in the zodiac at the equinox, because it is the period of the year at which day and night are equally balanced." The mason's or carpenter's level was called KJra or Ubella (whence the English name) on account of its resemblance in many respects to a balance.' Hence the verb libra meant to level as well as to weigh. The woodcut to the article Cikcinus, which is inserted sideways, shows a Ubella fabrilis having the form of the letter A, and the line and plummet {perpendiculum) depending from the apex. LIBRA or AS, a pound, the unit of weight among the .Romans and Italians. Many ancient specimens of this weight, its parts and multiples, have come down to us ; but of these some are im- perfect, and the rest differ so much in weight that no satisfactory conclusion can be drawn from them. The difference betvpeen some of these specimens is as much as two ounces. An account of some of the most remarkable of them is given by Hussey* and Bockh.' This variety is to be accounted for partly by the well-known carelessness of the Ro- mans in keeping to their standards of weights, and partly by the fact that many of the extant weights are from provincial towns, in which this careless- ness was notoriously greater than in the metropolis The Roman coins furnish a mode of calculating the weight of the libra, which has been more relied on than any other by most modern writers. The As will not help us in this calculation, because its weight, though originally a pound, was very early diminished, and the existing specimens differ from each other very greatly. (Vid. As.) We must, therefore, look only to the silver and gold coins. Now the average weight of the extant specimens of the denarius is about 60 grains, and in the early ages of the coinage 84 denarii went to the pound. ( Vid. Denakids. ) The pound, then, by this calcula- I, (Winckelniann, Mon. Ined., 133. — Millin, Peint. de Vases Ant.,t. i., pi. 19, p. 39.)— 2. (Virg., Georg., i., 208.— Plin., H. N., x»iii., 25.— Schol. in Arat., 89.)— 3. (Varro, De Re Rust., i, 6.— Colomella, ii., 13.— Plin., H. N., xxivi., 28.)— 4. (An- cient Weights, Sc , -I., i 3.)— 5. (Metrolog. Untersuoh., p 170.) tion, would contain 5040 grains. Again, the aura of the early gold coinage were equal in weight to a scrapaiiim and its multiples. (Vid. AvRott.) Now the sorupulUm was the 288th part, of the poand {vid. UifciA), and the average of the scrupular aurej has been found by Letronne to be about 17^ giains Hence the pound would be 288 X17i = 15040 grains, as before. The next aurei coined were, according to Pliny, 40 to the pound, and, therefore, if the abovs calculation be right, =126 grains ; and we do find many of this weight. But, well as these results hang together, there is great doubt of their truth ; for, besides the uncertainty which always attends the process of calculating a larger quantity from a smaller, on account of the multiplication of a sraaL' error, we have every reason to believe that the ex isting coins do not come up to their nominal weigiit, for there was an early tendency in the Roman mint to make money below weight' (compare As, AnRDH, Denarius), and we have no proof that any extant coins belonged to the very earliest coinage, and, therefore, no security that they may not have been depreciated. In fact, there are many specimens of the denarius extant which weigh more than the above average of 60 grains. It is therefore proba- ble that the weight of 5040 grains, obtained from this source, is too little. Another mode of determining the pound is from the relation between the Roman weights and meas- ures. The chief measures which aid us in this in- quiry are the amphora, or quadrantal, and the con- gius. The solid contents of the amphora were equal to a cube of which the side was one RonjarL foot, and the weight of water it contained was 80 pounds. Hence, if we can ascertain the length of the Roman foot independently, it will give us tlie solid contents of the amphora, from which we can deduce the weight of the Roman pound. But ;; may be obtained at once from the congius of Ves- pasian, which holds 10 Roman pounds, and was found by Dr. Hase (in 1721) to contain 5S037;6i) grains troy of distilled water. {Vid. Congids.) This would give for the pound 5203-769 grains troy, or very nearly 5204 grains=lli ounces and 60'46 grains. By another experiment (in 1680), Auzout found the congius to contain 514632 grains troy. This would make the pound 5146-32 grains troy, which is only 57-449 grains less than before. Hus- sey considers that Dr. Hase's experiment is more to be relied on than Auzout's, as being more re- cent. The difference may be partly owing to an- other cause, which throws doubt on the whole calculation. The interior surface of the congius may have been injured by time and other causes, and its capacity therefore increased. Wurm as- serts this as a fact.' Again, the nature of the fluid employed in the experiment, its temperature, and the height of the barometer, would all influence the result, and the error from these sources must occur twice, namely, at the original making of the congius, and at the recent weighing of its contents. Still, these errors are probably small, and therefore we may take the weight of 5204 grains troy, as ob- tained from this experiment, to be the nearest ap- proximation to the weight of the Roman pound. This result very little exceeds that obtained from the coins ; and as we have seen that the latter give too small a weight, the excess may be viewed rath- er as a correction than a contradiction. For it gives as the weight of the denarius of 84 to the pound nearly 62 grains, and many denarii weigh as much, or even more. The scruple would be 1807 grains, which only exceeds the average of extant specimens by about half a grain.' Wurm, who de- 1. (Plin., H. N., 3ixxiii.,13,46.)— 2. (De Pond., &c.,p. 78.>- 3. {Vid. Hussey, Anrierit WeightB, Ac, chap, ix.) LIBRATOR. LICHEN. pel is solely on the coins, makes it 5053-635 grains troy,' and Bockh arrives at nearly the same result.' The uncial division, which has been noticed in speaking of the coin As, was also applied to the weight. The following table shows the divisions of the pound, with their value in ounces and grains, avoirdupois weight : I'uciae. Oz. Gn. As or Libra 12 11| 60-45 Deunx 11 lOJ 6'1- 54 Dextans or Decuncis . . 10 9i 38- 50 Dodrans 9 8i 42-57 Bes or Bes.sis .... 8 7J 76-75 Septunx 7 6| 80-88 Semis or Semissis ... 6 5} 84- 95 Quincunx 5 4J 89- 05 Triens 4 3} 93- 14 Quadrans or Teruncius . 3 2J 97- 21 Sextans 2 li 101- 29 Sescuncia or Sescunx . 1^ li 103624 . Uncia 1 OJ 105- 36 or 433 666 The divisions of the ounce are given under Un- cia. Where the word pondo, or its abbreviations p. or POND., occur with a simple number, the weight understood is the libra. The name libra was also given to a measure of horn, divided into twelve equal parts {uncice) by lines marked on it, and used for measuring oil.' LIBRA'RII, the name of slaves who were em- ployed by their masters in writing or copying in any way. They must be distinguished from the spribae publici, who were freemen (vid. Sctiibje), and also from the booksellers {vid. Bibliopola), to both of whom this name was also applied. The slaves to whom the name of librarli was given may be divided into three classes : 1. Librarii who were employed in copying books, called scriptores librarii by Horace.* These librarii were also called in later times aniiquarii.' Isiodore' Bays that the librarii copied both old and new books, while the antiquarii copied only old books. Bec- ker,' however, thinks that, when the cursive charac- ter came into general use, the name of antiquarii was applied, to the copyists who transcribed books in the old uncial character. The name of librarii was also given to those who bound books," and to those who had the care of libraries. 2. Librarii a studiis were slaves who were em- ployed by their masters, when studying, to make ex- tracts from books, &c.' To this class the noiarii, or short-hand writers, belonged, who could write down rapidly whatever their masters dictated to them." 3. Librarii ah epistolis, whose principal duty was to write letters from their masters' dictation." To this class belonged the slaves called ad manum, a manu, or amanuenses. (Vid. Amanuensis.) LIBRA'TOR is, in general, a person who exam- ines things by a Libra ; but the name was, in par- ticular, applied to two kinds of persons. 1. Liirator agues, a person whose knowledge was indispensable in the construction of aquaeducts, sew- ers, and other structures for the purpose of convey- ing a fluid from one place to another. He examin- ed by a hydrostatic balance (libra aquaria) the rela- tive heights of the places from and to which the water v/as to be conducted. Some persons at Rome made this occupation their business, and were en- 1. (De Pond., &c., p. 16.)— 2. (Metrolog. Untersuch., ^ 9.)— I. (Suet., Jul., c. 38.— Galen, De Comp. Med. Gen., i., 17 ; vi., B.— Hor., Sat., II., ii., 59-61.)— 4. (Ep. ad Pis., 354.)— 5. (Cod. 12, tit. 19, s. 10.— Cod. Theod., 4, tit. 8, s. 2.— Isid., Orig., vi., 14.)— 6. (1. c.)— 7. (Gallus, i., p. 164.)— 8. {Cic. ad Att., iv., 4.) ~9. (Orelli, lusor., 719. — Suet., Claud., 28. — Cic. ad Fam., xvi.,21.) — 10. (Plin., Ep., iii., 5. — Martial, xiv., 208.) — 11. (OielU laser . 2437, 2997, &c.— Becker, GaUus, i., p. 180.^ ggged under the curatores aquaruni, though archiieuu were also expected to be able to net as libratores.' 2. Libratores in the armies wert^ pi jbably soldiers who attacked the enemy by hurling \rith their own hands (librando) lances or spears against them.' Lipsius' thinks that the libratores were men who threw darts or stores against the enemy by mean* of machines, toj-mtnta.* But this supposition can scarcely be supported by any good authority. Du- ringthe time of the Republic, libratores are not men- tioned in the Roman armies. LI'BRIPENS. (7id. Mancipatio.) LIBURNA, LIBU'RNICA (Ai6vpvtc, Ai'fopvoy). commonly a bireme with the mast amidship, as ap pears from Lucian,' but not unfrequently of largeif bulk, as may be inferred from comparing Florus, iv., 2, with Suetonius, Octav., 17, from which passages we learn that the fleet of Augustus at Actium con- sisted of vessels from the trieres, the lowest line of battle ship, to the hexeres, and that the ships were Liburnicae. Horace^ alludes to the immense size of the ships of Antony compared v/ilh these Liburnicae. From the description of them by Varro, as quoted by A. Gellius,' they appear to have been originally somewhat similar to the light Indian boats, literally sewn together, which are now used to cross the surf in Madras Roads. The Liburni stitched the planks of their boats together probably only, in their earliest and rudest shape, as is still the practice in Malabar. Pliny' informs us that the material of which these vessels were constructed was pine timber, as clear from resin as could be ob- tained. The piratical habits of the Illy rian nation, from whose ships the Romans affixed this term to their own, are described by Appian,' who also con- firms Lucian in the statement that they were com- monly biremes. From its resemblance in shape to these vessels, the Liburnum or litter derives its name. Its convenience is well described by Juve- nal,'" though some commentators think that thio passage refers to Liburnian slaves who carried the litter. The sharpness of the beak of these ships, which was probably df also great weight (Bijckh conjectures in the trieres of nearly four talents), is clearly indicated by Pliny." The same writer also informs us that they were constructed sharp in the bows, to offer the least possible resistance to the water. The Navis Rostrata and Liburiiica were the same." The term Liburna became incorporated into the Latin tongue simply from the assistance rendered to Augustus by the liiburni as a maritime power at the battle of Actium. From this period, experience having shown their efficiency, this class of vessels became generally adopted by the Romans." In a similar manner, many naval terms, from the excel- lence of a foreign construction, have been intro- duced into our language from the Dutch, French, Spanish, and Italian, as brigantine, galleon, felucca, frigate, &c. After the period of the naturalization of the word in the Latin language, it lost its local and particular force, and became applied to otter kinds of ships. LICHAS. (Vid. Pes.) *LICHEN (Acotv), the Lichen. "The Lichen of Pliny," observes Adams, " would appear to be different from that of Dioscorides. The former is the Marchantia conica, L. The other is not so easi- ly determined. Sprengel inchnes to the Feltigera 1. (Plin., Epist., X., 50. — ^Frontin.. De Aqusd., 105.— CompaM Vitiuv., viii., 6. — Cod. 10, tit. 66, s. 1.)— 2. (Tacit., Ann., ii., 20. — Id. ib., xiii., 39. — In both these passages some MSS. hav» ** libritorea.")^. (ad Tacit., Ann., 1. c.) — 4. (Compare his Poli- orcet., iv., 3.)— 5. (Vol. v., p. 262, ed. Bip.)— 6. (Epod., i., 1.)- 7. (ivii., 3.)— 8. (H. N., xvi., 17.)-&. (Do Bell. lUyi-., 3.)— JO. (iii.,240.)^ll. (H. N., I., 32.)— 12. (Plin., H. N.j isc., 5.)— M. (Veget., iv.. 23 > 59J LiaUSTRUM. LiMBUS. aratua, sive Aphthosa,, Hoffm. The JU^j^ef Imrfiv, described in the M.M'. of the ;ancients,' were the well-known callosities which form at the knees of horses, called spavins in English, and I'eparmn in French. The term ^clxvv 'vias also applied toi a cutaneous disease allied to leprosy." LICI'NI.^ ROGATIO'NEa iVii. 'RoaAiioms LlOINI.«.) LICrOR,' a public officer, who attended on the chief Kiiman magistrates. The number which wait- ed on the different magistrates is stated in ithe arti- cle Fasces. i ■ The office of lictor isjsaid to havebeen derived by Romulus from the Etruscans.' The -etymology of the name is doubtfnl'5 Gellius" connects it with the verb ligare^ because the lictors had to bind the hands and feet of criminals before they were pun- ished. The lictors went before the magistrates one by-one in a line ; he who went last or nest to the magistrate was called proxintus lictor, to whom the magistrate gave his commands ;' and, as this lictor was always the principal one, wealso find him call-i ed primus' lictor,* which expression some modern writers have erroneously supposed to refer to the ictor who went first. The lictors had to inflict punishment on those who were condemned, especially in the case of Roman citizens ;' for foreigners and slaves were punished by the carnifex ; and they also, probably, had to as- sist in some cases in the execution of a decree or judgment in a civil suit. The lictors also command- ed (aninuidvertemnt) persons to pay proper respect to a magistrate passing by, which consisted in dis- mounting froin horseback, uncovering the head, standing out of the way, (kc." The lictors were originally chosen from the plebs,' but after\yard appear to have been generally freed- men, probably of the magistrate on whwn they at- tended.* Iiicters were properly only granted to those ma- gistrates who had the imperium. Consequentlyj the tribunes of the plebs never had lictors,' nor several of the other magistrates. Sometimes, however, lic- tors were granted to persons as a mark of respect or for the sake of protection. Thus, by a law of the trioEiTirs, every vestal virgin was accompanied by a lictor whenever she went out,'" and the honour of one or two lictors was usually granted to the wives and other female members of the imperial family." There were also thirty lictors, called LictoresCu- riati, whose duty it was to summon the curiae to the comitia curiata ; and when these meetings be- came little more than a form, their suffrages were represented by the thirty lictors." LIGO (t!i/feAA(i or /nxKE^Xa) was a hatchet formed either of one broad iron or of two curved iron prongs, which was used by the ancient husbandmen to clear the fields from weeds. '^ The ligo seems also to have been used in digging the soil and breaking the clods.'* LI'GULA, a Roman measure of capacity, con- taining one fourth of the Cyathus, and therefore equal to -0206 of a pint English." ♦LIGUSTRUM,. a plant about which considera- ble uncertainty prevails. Tt is commonly, howev- er, regarded as the Privet. Virgil mentions it in 1. (Liv., i., 8.)— 2. (xii., 3.)— 3. (Liv:, xxiv., 44.— Sail., Jug., 12.— Crc. in Ven., 2, Act. v.,,54.— De Div., i., 28.— Orelii, la- acr., 3218.)— 4. (Cio. ad Quint. Fratr., i., 1, ^ 7.) — 5. (Liv., ii. ' .».— H.,-viu., 7.)— 6. (Liv., iiiT., 44.— Sen., Ep., 64.1—7. (Liv., ii., 55.)— 8. (Compare Tacit., Ann., xiii., 27.)— 9. (Plut., Quasst. Kom., 81.)- 10. CDionCaM.,ll*ii.,19.) — II. (Tacit., Ann., i., 14.— Id. ib., liii., 2.)— 12. (GeU., xv., 27.— Cic, Agr., ii., 12.— Orelii, Inscr., 2176, 2922, 3240.)— 13. (Ovid, Ex Pont., i., 8, 59. — Mait., iv., 64.— Stat., Tlieb., iii., 589.— Coluin., i., 89.) — 14. (Hor., Cann.,iii.,6, 38.— Epist., i., 14, 27.— Ovid, Am., iii., 10, 31. — Compare Dickson, on tlie Husbandry of the Ancieilta, i., p. 415.)— 15. (Columella, R. K., xii., 21.1 593 one of bis '.EGlogues, ibut all that can be gathered from -what he says of it is,' -that the flowers are whit« and of no -vailue. 'f Plinyj" cibserves Martyn, " says itiis atree, for in the 24th chapter of theiath book, where he is speaking althecyprai of Egypt, he uses the following; words :' ' Quidam hane esse dicunt arborem quae in Italia: Ligustrumvocatui.' Thus, also, we find in the tenth chapter of the 24tli book,' ' Ligustrum eadem arbor est quai in Onento cyprbs.' If the ligustrum of Pliny was that \|-hich is now commonly known by that name, by us call- ed privet or primprint, and by the. Italians gmsttico, which seems a corruption of ligustruni, then he was mistaken in affirming it to be the same with the cypres of Egypt, which is the elhanne or alcanna. Matthiolus,; in his commentaries on Dioscorides, says that Servius, among others, took the -ligustrum to be 'that sort of convolvulus which we call^cai bindweed. Where Matthiolus found this opinion of Servius I cannot tell,-unless he made use of some copy very different from those which we now have. We find no more in our copies of Servius than that the ligustrum is a very white but contemptibleiflow- er. Still it must be acknowledged that the great bindweed has a very fair claim to he accounted the ligustrum of Virgil, on account of its name being derived from 'binding' (a ligando), fromrthe pure whiteness of its flower, and from its being, at the same time, a contemptible weed.: 'We may also, with good reason, suspect that oar privet is not the plant intended, because the flowers are - not fair enough,: and yet are too sweet to be. rejected with contempt. But it weighs something on the other side, that Pliny has called the ligustrum a tree in two different places. In conformity, therefore,! with the most common opinion, rl have translated the term ligustrum by 'privet;' but if .any otie would change it for < bindweed,' I shall not greatly contend with him.'" ♦LIGUSTTGUM iAiyvonKov}. '/Woodvillc agrees with' the ea/rlier commentators on^'Dioscori- des and Galen, in referring' this to the well-known plant, the lAgusticum Lcvisticum; or common Lev- age; but this: ^opinion ' is questioned by. Alston Sprengel, alsoi isnot quite satisfied, and ratherin clines to the Laserpitium Si/cr. < Apioios recom- mends it-ftequently as a condiment.'" ; ■ r' . *LIL'IUM {Kpivov), tho'lsily, or Liliumcandidum, L. The Persian term Mih, which is a name for all the liliaceous plants, and especially for the tulip (of which last the ancients knew nothing), has pass- ed, on the one liandi into the family of- Northcni languages, under theiforms of "lily," "ililie," &c., and on the other into the Greek and Latin, for W- piov and K/iitm only differ by a very usual change of letters. (ViiJ. Liriom) .'VWe need have no hesitation,''' remarks Adams,i 'f in determining the common Kpivov of the Greeks to have been the. ir^^ ium candidum, L. Dioscorides describes, another species' with purple flowers; which Sprengel is. in doubt whether to set down as the Jjilium^martagmi or L. Chalcedonicum.'" « LIMA, a Pile, was made of iron or steel, for the purpose, of polishing metal or stone, and appears to have been of the same form as the instruments used for similar purposes in modern times.' LIMBUS' (*a!pii^^),the borderi of a tunic' or a scarf This ornament, when displayed upon the tunic, was of ^ similar kind with. the GycI-as and IwsTiTA,' but much less expensive, more common and more siniple. It was generally woven '".^^ 1. (Martyn .ad Yir^., Eclog:., ii., 18.)— 2. (Dioscof, iiiji 5,1'-" Adams, Append.,-s. v.)--3. (Fee, Flore do Virple, p. tav"''r Adams, Append., s. t. Xti'piOK.)— 4. (Plin., H. N., ixivji., a,^- —Id. ib., II., 35, 54.— M. ib., xxviii., 9, 41 .— Plaut., Menmhj, l.| i., 9.)--6. T., 930.)— 7 I Faua., 1. c.) Siris in S. Italy, and which are preserved In tha British Museum. They were originally gilt, and represent in very salient relief two Grecian heroes combating two Amazons. They are seven inches in length, and belong to the description of bronzes called Ipya aibvpri^ara, having been beaten into form with wonderful skill by the hammer. The Cheva- lier Briindsted' has illustrated the purpose which they served, by showing them in connexion with a portion of another lorica, which lay upon the shoul- ders behind the neck. "This fragment was found in Greece. Its hinges are sufficiently preserved to show most distinctly the manner in which the shot J- der-bands were fastened to them (see woodcut). " Around the lower edge of the cuirass," observe* Brondsted, " were attached straps, four or five inch- es long, of leather, or perhaps of felt, and covered with small plates of metal. These straps served in part for ornament, and partly, also, to protect the 1. (CojtnmcsoftheAncients, i., 102.)— 2. (i.,4.)— 3. (Visconta, Mon. Gab., No. 38.)— 4. (Mart., VII., i., 1-4.)— 5. (Cic, Verr, Act. II., iv., 44.)— 6. (Paua., I c.)— 7. (Bronzei of Siria, Irfim don, 1836.) 697 LOUTRO>. Jbwer region of the body in concert with the belt l^avti) and the band (/iiTpa)." They are well shown in both the figures of the preceding woodcut. ' {See also the woodcuts at pages 86, 268, 418.) Instead of the straps here described, which the Greeks called' TTTspvye;,'- the Chalybes, who wore encountered by Xenophon on his retreat," had in the same situation a kind of cordage. Appendages of a similar kind were sometimes fastened by hinges to the lorica at the right shoulder, for the purpose of protecting the part of the body which was ex- Tiosei by lifting up the arm in throwing the spear or using the sword.' Of Grecian cuirasses the Attic were accounted the best and most beautiful.* The cuirass was worn universally by the heavy-armed infantry and by the horsemen (vid. Army, p. 107), except that Alexander the Great gave to the less brave of his soldiers breastplates only, in order that the defence- less stale of their backs might decrease their pro- pensity to flight.' These were called half-cuirasses (iifitdapaKta). The thorax was sometimes found to be very oppressive and cumbersome.' *LOTUS (^.aToc). "The Loli of the ancients may be arranged under the following heads : I. The Aurof upon which the horses pastured was a sort of Clover ; it may be confidently set down as the .Tnfolmm officinale, or common Melilot. It is very probable, however, that the term may not have been restricted to it, but may have comprehended others of the trefoils. II. Under the Lotus aqualicus the ancients comprehended three Egyptian plants of the Water-lily tribe, namely, the Nymphaa Lotus, Nym- phaa nelumho, and Arum colocasia : the first two are well described by Herodotus.' III. Under the Lotus arbor were comprehended the Celtis Australis, several species of Rhamnus, and the Diospyroa Lo- tus. — This is the celebrated Lotus of the Lotophagi, an African people, whom Dionysius the geographer and Ptolemy place in the vicinity of the Great Syr- tis, or Gulf of Sidra. But, according to Rennell and Park, the tree which produces the lotus-bread is widely disseminated over the edge of the Great Desert, from the locality indicated by the ancients to the borders of the Atlantic." For farther infor- mation respecting the ancient Loti, more especially the kind from which the Lotophagi obtained both bread and wine, see Eustathius in Hom., Od., p. 337, ed. Basil.— Schol. in Plat., Repub., viii.— Spren- gel's Dissertation on the Loti. — Schweighaeuser ad Athen., xiv., 16. — Heeren's Researches, &c., vol. iv., c. 1 J v., 4. — Fee, Flore de Virgile, p. Ixxx., &c.' LOUTRON, LOETRON {^ovrpov, Xoerpov), a Bath. The use of the bath in the Homeric ages is explained on pages 143, 144; it remains to speak of the Greek baths in the republican period. At Athens the frequent use of the public baths was re- l. (Xen., De Ko Equest., xii., 4.)— 2. (Anab.,iv., 7, 4 15.)— ». (Xen., D« Re Equest., rii., 6.)— 4. (.ffilian, V. H., iii., 24.)— ». (Polyren., iv., 3, 13.)— 6. (Tac., 'Ann., i.; 64.)— 7. (ii., 92 Compare Sayary, Lettres sur I'Egypte.) — 8. (Adams, Append., Compare Sayarji 598 LOUTRON. garded in the time of Socrates and Deraostheuus as a mark of luxury and effemiriacy.' Accordiuglj; Phocion was said to have never bathed, in a public bath {h> ^a\avei(j> STifioaievovn'), and Socmies to have made use of it very seldom.' It was, ho». ever, only the warm baths {fia^vsla, called bj Homer ■&£pfici Tiovrpd) to which objection was made, and which in ancient times were not allowed to be built within the city.* The estimation in whick such baths were held is e.ttpressed in the foUowiM lines of Hermippus :° Ma Tov At', ov jxtvToi fteBvew tov uvdpa xoi Tov aryaOov, aids ^spfio'kovTuv, a av ffoieij. In the Clouds of Aristophanes, the i'maio^ Aoyij warns the young man to abstain from the baths (J3aXaveiav Imexfadai^), which passage, compared with 1. 1028-1037, shows that warm baths are in- tended by the word paKavela. .The baths (J}a2.avela) were either public (dij/iomo, SiiftotricvovTa) or private {Idta, cdianKa). The for- mer were the property of the state, but the latter were built by private individuals, and were opened to the public on the payment of a fee (kmlovrpov). Such private baths are mentioned by Plutarch' and Isasus,' who speak of one which was sold for 3O00 drachmae.' Baths of this kind may also have been intended sometimes for the exclusive use of the persons to whom they belonged." A small fee ap- pears to have been also paid by each person to the keeper of the public baths (/JaAavCTf ), which in the time of Lucian was two oboli." We know very little of the baths of the Athenians during the repnblican period, for the account of Lucian in his Hippias relates to baths constructed after the Roman model. On ancient vases, on which persons are represented bathing, we nevei find anything corresponding to a modern bath in which persons can stand or sit ; but there is always a round or oval basin {Xovr^p or Tiovr^piov) resting on a stand [moaraTov), by the side of which those who are bathing are represented standing undressed and washing themselves, as is seen in the following woodcut, taken from Sir W. Hamilton's vases." The word AHMOSIA upon it shows that it belonged to a public bath. The next woodcut is also taken from the same work," and , represents two women bathing. The one on the right hand is entirely naked, and holds a looking-glass in her right hand ; the one on the left wears only a short kind of xtravLov. Eros is rep- resented hovering over the bathing vessel. Besides the Xovrijpet and Tuyvrfipia, there were also vessels for bathing large enough foi persons to sit 1. (Demoeth., c. Poljcl., p. 1217.)— 2. (Plut., PhM., 4.)— 3, (Plato, Symp., p. 174.) — 4. (Athen., i., p. 18, B.)"-^5. (aj. Athen., I. c.)— 6. (1. 978.) -7. (Demetr., 24.)— 8. (Da IticKog. hired., p. 101.)— 9. (De Philbct. hiSfca., pi. 140.)— Iff (Xen., Rep. Ath., ii., 10.)— II. (Lucian, Lexiph., 2, vol. ii., p. 3J0.)- 12. (Tischbein, i., pi. 58.)— 13. (i., pl.i9.) L,UUTROJS. LUCERNA. o, which are called aaajiivBai by Homer and vi- •ikoi by the later Greeks,' and are described on page 143. In the baths there was also a kind of sudorifx or vapour bath, called mipia or mipiaTripiov, which ja mentioned as eairly as the time of Herodo- tus." The Lacedaemonians also made use of a dry sudon'jc bath. {Yid,. Baths, p. lH.) The persons who bathed probably brought with them p^rigils, oil, and towels. The strigil, which was oslled by the Greeks arTteyyig or ^varpa, was usuaEy made of iron, but sometimes, also, of other materials.^ One of the figures in the preceding woodcut is represented with a strigil in his hand ; several strigils are figured in page 150. The Greeks also used different materials for cleansing or wash- ing themselves in the bath, to which the general name of pv/ifta was given, and which were supplied by the PaTiavevc* This fivufia usually consisted of a ley made of lime or wood-ashes {xovia), of nitrum, and of fuller's earth (y^ Kt/iaTiia^). The bath was usually taken shortly before the ieiTTvov, or principal meal of the day. It was tSie practice to take first a warm or vapour, and after- ward a cold bath,' though in the time of Homer the cold bath appears to have been taken first, and the warm bath afterward. The cold water was usually poured on the back or shoulders of the bathers by the fSaXavevc or his assistants, who are called vapa- Xirai.'' The vessel from which the water was poured was called apiraiva.' In the first of the preceding woodcuts a Tcapax&Tri^ is represented with an apiraiva in his hands. Among the Greeks a person was always bathed at birth, marriage, and after death {vid. Fonus, p. 455) ; whence it is said of the Dardanians, an lUyri- an people, that they bathe only thrice in their lives, at birth, marriage, and after death.' The water in which the bride was bathed Q.ovTpdv vv/kjilkov^'), at Athens, was taken from the fountain of Kallirrhoe, which was called from the time of Peisistratus 'Ev- veaKpomog}'- Compare Pollux, iii., 43. — Harpocrat., «. ». AovTpo(j>6pos, who says that the water was fetched by a boy, who was the nearest relative, and that this boy was called Xovrpo^opog. He also states that water was fetched in the same way to bathe the bodies of those who had died unmarried, and that on the monuments of such a boy Was rep- resented holding a water-vessel {ydpia). Pollux," however, states that it was z female who fetched the water on such occasions, and Demosthenes^ speaks of ri XovrpofSpog on the monument of a per- son who had died unmarried. In remains of ancient art we find girls represented as TiovTpofopoi, but never boys.* LOUTROPH'ORUS. {Vid. Louthoic.) LUCAR. (Vid. Histrio, p. 507.) LUCERES. (Vid. Tribus.) LUCERNA {Mxvog), an Oil-lamp. Tho Greeks and Romans originally used candles, but in later times candles were chiefly confined to the houses of the lower classes. (Vid. Candela.) A great number of ancient lamps has come down to us, the greater part of which are made of terracotta (rpo- XV^aToi'), but also a considerable number of bronze. Most of the lamps are of an oval form, and flat upon the top, on which there are frequently figures in re- lief. (See the woodcuts, p. 114, 350, 408.) In the lamps there are one or more round holes, according to thenumber of wiclcs (ellychnia) burneA in it; and as these holes were called, from an obvious analo- gy, liVKT^peg or /ni^ai, literally, nostrils or nozzles, the lamp was also called Monomyxos, Dimyxos, Tri- myxos, or Polymyxos, according as it contained one, two, three, or a greater number of nozzles or holes for the wicks. (Fid. Ellychnium.) The following example of a dimyxos lucerna, upon which there is a winged boy with a goose, is taken from the jWw- seo Borbonico, iv., 14. 1. (Schol. ad Aristoph., Equit., 1055. — Hesych., s. v. Tlia^os. ■-PoUux, Onom., irii., 166, 168.)— 2. (iv., 75.— Compare Pollux, Onom.,Tii., 168.— Athen., v., p. 207, /.—Id., xii., p. 519, c— Kut., Cim., 1.)— 3. (Flat., Inst. Lac, 32.^.a;iian, V. II., 12, to.)— 4. (Aristoph., Lyaietr., 377.) — 5. (Aristoph., Ran., 710, «nd Sohol.— Plat., Rep., iy.,p. 430.)— 6; (Pint., de prime frig., 10.— Paus., ii., 34, « 2.)— 7. (Plat., Eep., -i., p. 344i— Lucian, Bemosth. Encom., 16, vol. iii.,'p. 603. — Flut., De Invid., 6. — ld„.Apophth. Lac, 49.)— 8. (Aristoph,, Equit., 1087.— Theo- diiaet.. Char., 9.)— 9. (NiccJ. Bamiisc, ap. Stob., v., 51, p. 152, (d. Gaisf.l— 10. (Aristoph., .i.y»ij*., 378,)— 11. (Thuoyd., ii., 1S.>-12. (1 c) The next woodcut, taken from the same worK,' represents one of the most beautiful bronze lamps which has yet been found. Upon it is the figure of a standing Silenus. The lamps sometimes hung in chains from the ceiling of the room,' but generally stood upon a stand. (Fid. Candelabrum.) Sometimes a figure holds the lamp, as in the following woodcut,' which also exhibits the needle or instrument spoken of under Ellychnium, which served to trim the wick, and is attached to the figure by means of a chain. We read of lucemcB cubiculares, balneareSf tricli- 1. (c Leochar., p. 1089, 23.— Compare p. 1086, 14, &c.)—%. (BrSnated, Brief Description of thiity-two ancient Greek Vases, pi. 27.— Consult Beckjr, Charities, ii., p. 135-146 ; p. 459.^62.) —3. (Aristoph., Ecoles., 1.)— 4. (i., 10.)—,'). (Viig., Ma., j,;72«. — Petron., 30.) — 6. (Museo Boibon., vii,, 15.) 599 LUUI. LUDI. •^iret, lefmlcrahs, &c. ; but these names were only l^iren to the lamps on account of the purposes to •vhich they were applied, and not on account of a I'iirerence in shape. The lucerniB cubicularea burned r I bedchambers all night.' Perfumed oil was sometimes burned in the lamps.' LUDI is the conmion name for the whole variety f games and contests which were held at Rome on various occasions, but chiefly at the festivals of the gods ; and as the ludi at certain festivals formed tbe principal part of the solemnities, these festivals tlremselves are called ludi. Sometimes, however, ludi were also held in honour of a magistrate or of a deceased person, and in this case the games may be considered as ludi privati, though all the people raJght take part in them. AU ludi were divided by the Romans into two CJisses, viz., ludi circenses and ludi scenici,' accord- ir.gly as they were held in the circus or in the the- itie ; in the latter case they were mostly theatrical representations with their modifications ; in the former, they consisted of all or a part of the games enumerated in the articles Circus and Gladiatores. Another division of the ludi into stati, imperativi, and votivi, is analogous to the division of the feriae. (Vtd. FERI.E, p. 435.) The superintendence of the games and the so- lemnities connected with them was in most cases intrusted to the aediles. (Vid. ^diles.) If the lawful rites were not observed in the celebration of the ludi, it depended upon the decision of the pon- tiffs whether they were to be held again {instaurari) or not. An alphabetical list of the principal ludi is Eubjoined. LUDI APOLLINA'llES were instituted at Rome during the second Punic war, after the battle of CannsB (212 B.C.), at the command of an oracle contained in the books of the ancient seer Marcius (carmina Marciana*). It was stated by some of the ancient annalists that these ludi were instituted for the purpose of obtaining from Apollo the protection 'Of human life during the hottest season of summer ; but livy and Macrobius adopt the account founded upon the most authentic document, the carmina Marciana themselves, that the ApoUinarian games were instituted partly to obtain the aid of Apollo in expelling the Carthaginians from Italy, and part- ly to preserve, through the favour of the god, the Republic from all dangers. The oracle suggested that tbe games should be held every year, under the I. (Mart., xiT., 39.— Id., i., 38.)— 2. (Petron., 70.— Mart., i., 38, •.—Consult Pasaeri, " Lucernffi fictiles." — Bfittiger, " die Sile- HU-lamnen," Amalth., lii., p. 168, &c. — Becker, Charikles, ii., p. S15. ic— Id., GaUas, ii., p. 201, &c.)— 3. (Cic, De Leg., ii., 1».)— 1. (LiT., iiT., 12.— Macrob., Sat., i., 17.) 600 superintendence of the praetor urbamis, and that ten men should perform the sacrifices according to Greek rites. The senate, complying with the ad- vice of the oracle, maie two senatus consnlta ; one that, at the end of the games, the praetor should re- ceive 13,000 asses to 3e expended on the solemni- ties and sacrifices, and another that the ten men should sacrifice to Apollo, according to Greek Meg, a bull with gilded horns, and two white goats also with gilded horns, and to Latona a heifer with gilded horns. The games themselves were held in the Circus Maximus, the spectators were adorned with chaplets, and each citizen gave a contribution towards defraying the expenses.' The Eoman matrons performed supplications, the people toolc their meals in the propatulum with open doors, and the whole day — for the festival lasted only one day — was filled up with ceremonies and various othei rites. At this first celebration of the ludi Apollina- res, no decree was made respecting the annual rep- etition suggested by the oracle, so that in the first year they were simpy ludi votivi or indictivi. The year after (211 B.C.), the senate, on the proposal of the praetor Calpuraius, decreed that they should be repeated, and that, in future, they should be vow- ed afresh every year." The day on which they were held varied every year according to circum- stances. A few years after, however (208 B.C.), when Rome and its vicinity were visited by a plague, the praetor urbanus, P. Licinius Varus, brought a bill before the people to ordain that the Apoliinarian games should in future always be vow- ed and held on a certain day [dies status), viz., on the sixth of July, which day henceforward remain- ed a dies solennis.' The games thus became votivi et stativi, and continued to be conducted by the praetor urbanus.* But during the Empire the day of these solemnities appears again to have been changed, for Julius Capitolinus' assigns them to the 26th of May. LUDI AUGUST A'LES. [Vid. Ahgdstales.) LUDI CAPITOLI'NI were said to have been in- stituted by the senate on the proposal of the dicta- tor M. Furius Camillus, in the year 387 B.C., after the departure of the Gauls from Rome, as a token of gratitude towards Jupiter Capitolinus, who had saved the Capitol in the hour of danger. The de- cree of the senate at the same time intrusted the superintendence and management of the Capitoline games to a college of priests, to be chosen by the dictator from among those who resided on the Cap- itol and in the citadel (in arce), which can only mean that they were to be patricians.' These priests were called Capitolini.' One of tbe amuse- ments at the Capitoline games, which was obser^pd as late as the time of Plutarch, was that a herald offered the Sardiani for public sale, and that some old man was led about, who, in order to produce laughter, wore a toga praetexta, and a bulla puerilis which hung down from his neck.' According to some of the ancients, this ceremony was intended to ridicule the Veientines, who were subdued, after long wars with Rome, and numbers of them sold as slaves,'while their king, represented by the old man with the bulla (such was said to have been the costume of the Etruscan kings), was led through the city as an object of ridicule. The Veientines were designated by the name Sar- diani or Sardi, because they were believed to have come from Lydia, the capital of which was Sardes. This specimen of ancient etymology, however, is set at naught by another interpretation of the cere- 1. (Festus, s. y. Apollinares.)— 2. (Lit., xxvi., 23.)— S. (!•'•( xx™., 23.)— 4. (Cic, Phil., ii., 13.)— 5. (Maxim, ct Ba!lmi.,& 1.)— 6. (Liv., T., 50, 52.)— 7. (Cic. a civil bloodshed, awful prodigies, and the like.' A regular anc' general lustratio of the whole Roman people took place after the completion of every lus- trum, when the censor had finished his census and before he laid down his office. This lustratio (also called lustrum*) was conducted by one of the cen- sors,' and held with sacrifices called Suovetaurilia,' because the sacrifices consisted of a pig (or ram), a sheep, and an ox. This lustratio, which continued to be observed in the days of Dionysius, took place in the Campus Martins, where the people assembled for the purpose. The sacrifices were carried three times around the assembled multitude.' Another regular lustration, which was observed every yeai in the month of February, was said to have been instituted because the god Februus was believed to be potens lustrationum, and because in this month the solemnities in honour of the dii manes took place.' LUSTRUM (from luo, Gr. Xova) is, proper!) speaking, a lustration or purification, and in partic ular, the purification of the whole Roman people performed by one of the censors in the Campus Martius after the business of the census was over {Vid. Census, Lustratio.) As this purification took place only once in five years, the word lustrum was also used to designate the time between two lustra. Varro' erroneously derives the word lus- trum from luo (I pay), because the vectigalia and tributa were paid every five years to the censors. The first lustrum was performed in BO. 566, by King Servius, after he had completed his census," and afterward it is said to have taken place regu- larly every five years after the census was over. The first censors were appointed in 443 B.C., and from this year down to 394 B.C., there had, accord- ing to Livy," only been 26 pairs of censors, and only 21 lustra or general purifications, although, if all had been regular, there would have been 30 pairs o( censors and 30 lustra. We must therefore con- clude, that sometimes the census was not held at all, or, at least, not by the censors. We also learn from this statement that the census might take place without the lustrum, and, indeed, two cases of this kind are recorded," which happened in 459 and 214 B.C. In these cases the lustrum was not performed on account of some great calamities which had befallen the Republic. The time when the lustrum took place has been very ingeniously defined by Niebuhr." Six ancient Romulian years of 304 days each were, with the difference of one day, equal to five solar years of 365 days each, or the six ancient years made 1824 days, while the five solar years contained 1825 days. The lustrum, or the great year of the ancient Ro- mans,'* was thus a cycle, at the end of whichthei 1. (Liv., xl., 6.— Curt., x., 9, « 12.)— 2. (Cic, De Div., i.,45.- Barth. ad Stat., Tlieb., iv., p. 1073.)— 3. (Appian, Bell. Civ.,i., 26.— Liv., XXXV., 9.— Id., ilii., 20.)— 4. (Fest,, s. v.)— 5. (Cic, De Div., i., 45.)— 6. (Liv., i., 44.— Varro, De Re Rust., ii., !•)- 7. (Dlonys., Ant. Roin., iv., p. 225.)— 8. (Macrob., Sat., i., 13.— Compare Hartung, Die Relig. der Rlim., i., p. 198, i-c.)— !>. (De Ling. Lat., v., 64, ed. Bip.)— 10. (Liv., i., 44.— Dionys., iT.,22.) —11. (X., 47.)— 12. (Liv., iii.. 22.— Id., xxiv., 43.)— 13. (Hist, ol Rome, i., p. 277.)— 14. (Cens'orin., De Die Nat., 18.) LYCIUM LYRA feeginning of the ancient year nearly coincided with that of the solar year. As the coincidence, howev- er, was not perfect, a month of 24 days was inter- calated in every eleventh lustrum. Now it is highly probable that the recurrence of such a cycle or great year was, from the earliest times, solemnized with sacrifices and purifications, and that Servius Tullius did not introduce them, but merely connected them with his census, and thus set the example for sub- sequent ages, which, however, as we have seen, was not observed with regularity. At first the ir- regularity may have been caused by the struggles between the patricians and plebeians, when the ap- pointment of censors was purposely neglected to increase the disorders ; but we also find that simi- lar neglects took place at a later period, when no such causes existed.' The last lustrum was sol- emnized at Rome in A.D. 74, in the reign of Ves- pasian.' Many writers of the latter period of the Republic ind during the Empire use the word lustrum for jny space of five years, and without any regard to ihe census,' while others even apply it in the sense of the Greek pentaeteris or an Olympiad, which only yontained four years.* Martial also xizes the ex- pression lustrum ingens for sfficulura." LY'CAIA (AvKaia), a festival with contests, cele- Drated by the Arcadians in honour of Zeus, sur- named AuKaTog. It was said to have been instituted by the ancient hero Lycaon, the son of Pelasgus.' He is also said, instead of the calces which had for- merly been offered to the god, to have sacrificed a child to Zeus, and to have sprinkled the altar with its blood. It is not improbable that human sacri- fices were offered in Arcadia to Zeus Lycseus down to a very late period in Grecian history.' No farther particulars respecting the celebration of the Lycasa are known, with the exception of the statement of Plutarch,' that the celebration of the Lycaea in some degree resembled that of the Roman Luper- caUa, *LYCAPSUS (IvKaijiog), a plant, which Sprengel makes to be the Onosma Orientalis. The Greek name is derived from IvKot ("a wolf") and o^if ('f appearance"), because its flowers resembled the distended jaws of a wolf. ♦LYCHNIS (Xvxvk), a plant. " The Ivxvli are- pava/iaTiK^ of Dioscorides is the Agrostemma coro- narium, L., or Rose Campion. The hixvlc uypia is referred by Sprengel and others to the Agrostemma githago, or Corn Cockle. But perhaps the opinion of Dodonaeus, who suggested the Lychnis dioica, is entitled to as much or greater authority."' ♦LYCHNI'TES CKvxvLTnc:), a term applied to both a gem and a stone. The gem, according to De Laet, was a variety of our garnet. The stone would ap- pear to have been a variety of marble. The Xvxvi^ of Orpheus was most probably the gem. — The mar- ble termed lychnitcs was so called because quarried by the light of lamps (Xvxvoc, " a lamp"), and as Pliny, on the authority of Varro, informs us, was the same as the Parian.'" LYCHNa'CHUS. (Vid. Candelabedm.) *LYC'IUM {TiVKiov), a medicinal substance ob- tained from the roots and branches of a thorny shrub grtwing in Lycia. " It is almost certain," observes Adams, " that the plant from which it was procured is t.ie Rkamimsinfectorius. This appears clear from 1. (Sueton., Octav,, 37. — Cland., 16.) — 2. (Censorin., 1, c.)— 3. (Ovid, Fast., ii., 183; iv., 701.— Id., Amor., iii., 6, 27.— He- rat., Carm., ii., 4, 24 ; iv., 1, 6.)— 4. {Oirid, Pont., iv., 6, 5, ., 603.— Od., viii„ 248 ajid- 261.)— 11. (Od., i., 153, &c.)— 12. (Euclid, Introd. Harm., p.l9.— Setali , xiii., p. 618. — Clem. Alex., Strom., vi., p. 814, ed. PotteV > 605 LYKA. LYSIMACHIUM. luough it cannot be denied that there existed lyres with only three strings.' The following are repre- ■enlations of a tetrachord and a heptachord, and are both taken from the work of Blanchini. The heptachord introduced by Terpander hence- forth continued to be most commonly used by the Greeks, as well as subsequently by the Romans, though in the course of time many additions and im- provements were made which are described be- low. In the ancient te- trachord, the two ex- treme strings stood to each other in the rela- tion of a fourth {dm rta- cupav), i. e., the lower string made three vi- brations in the time that the upper one made four. In the most an- cient arrangement of the scale, which was called the diatonic, the two middle strings were strung in such a manner, that the three intervals between the four strings produced twice a whole tone and one semitone. Ter- pander, in forming his heptachord, in reality au(li.ci a new tetrachord to the ancient one, but left out the third string of the latter, as there was be- tween it and the fourth only an interval of a semitone. /The heptachord thus had the compass of an octave, or, as the ancients called it, a diapason (6ta naaHv). The intervals between the seven strings in the dia- tonic scale were as follow : between one and two, a whole tone ; between two and three, a whole tone ; between three and four, a whole tone and a semi- tone ; between four and five and five and six, a whole tone each ; between six and seven, a semi- tone. The seven strings themselves were called, peginning from the highest, vriTri, itapavfirri, •Kapa- neari, fiiari, Xixavdg, ■Kapundrri, viraTtj.' Pindar him- self made use of the heptachord, though in his time in eighth string had been added. In the time of Philip and Alexander, the number of strings was in- creased to eleven by Timotheus of Miletus,' an in- novation which was severely censured by the Spar- tans, who refused to go beyond the number of seven etrings.* It is, however, clear that the ancients h (Blanchini, "De Tribus Ceiieribus Instrumentorum Mu- Bic» Veternm Organics Disnertatlo," tab. iv.) — 2. {BOclth, De Metr. Find., p. 205, &o.)— 3. (Soia^a, a. v. Tifidflrof.— MOller, Dor., iv., 6, j 3.)— 4. (Cic, De Leg., ii., 15.— Athen., liy , it. 636.) 6oe made use of a variety of lyres, and in the TLpresenb atibns which we still possess, the number o' string/ varies from three to eleven. About the time of Sappho and Anaci-eon, several stringed instruments, such as magadis,harbit6n, and others, v/ere used in Greece, and especially in Lesbos. They had beeo introduced frorn Asia Minor, and their number of strings far exceeded that of the lyre, for we know that some had a compass of two octaves, and oth- ers had even twenty strings, so that they must have more resembled a modern harp than a lyre.' It has been remarked above that the name lyn occurs very seldom in the earliest Greek writers, and that originally this instrument and the cithara were the same. But about the time of Pindar in- novations seem to have been introduced, by which the lyra became distinct from the cithara, the in- vention of which was ascribed to Apollo, and hence the name of the former now occurs more frequent- ly.' Both, however, had in most cases no more than seven strings. The difference between the two instruments is described above ; the lyre had a great and full-sounding bottom, which cotitinued, as before, to be made generally of a tortoise-shell, from which, as Lucian' expresses it, the horns rose as from the head of a stag. A transverse piece of wood, connecting the two horns at or near their top ends, served to fasten the strings,' and was called fiiyov, and in Latin transtillum. Thei horns were called irfix^i-i or cornua.* These instruments were often adorned in the most costly manner with gold and ivory.'' The lyre was considered as a more manly instrument than the cithara, which, ' on afr count of its smaller-sounding bottom, excluded full sounding and deep tones, and was more calculated for the middle tones. The lyre, when played, stood in an upright position between the knees, while the cithara stood upon the knees of the player.' Both instruments were held with the left hand, and played with the right.' It has generally been sup- posed that the strings of these instruments were always touched with a little staff called plectrum {KlfiKTpov) (see woodcut, p. 188), but among the paintings discovered at Herculaneum, we find sev- eral instances where the persons play the lyre with their fingers.' The lyre was at all times only played as an accompaniment to songs. The Latin name fides, which was used for a lyre as well as a cithara, is probably the same as the Greek (r^/rfcf, which, according to Hesyehius,' sig- nifies gut-string ; but Festus' takes it to be the same as fides (faith), because the lyre was the sym- bol of harmony and unity among men. The lyre (cithara or phorminx) was at first used in the recitations of epic poetry, though it was probably not played during the recitation itself, bat only as a prelude before the minstrel commenced his story, and in the intervals or pauses between the several parts. The lyre has given its name to a species of poetry called lyric ; this kind of poetry was originally never recited or sung without the ac- companimeut of the lyre, and sometimes, also, of an appropriate dance. (Compare the article Mdsica.— Plutarch, De Musica. — Bockh, De Melris Pindari.— Drieberg, Musikalische Wissenschaftender Cfriechen; and by the same author, Aufschliisse uber die Miisik der Griechen. — Miiller, Hist, of Gr. Lit., i., p. 148, &o. ♦LYSIMAGH'IUM {Ivai/idxtov) or LYSIMA- CHIA {lvai/iaxiv)< a plant, which Woodville holds to be the Lysimachia nummularia, or Money- wort. 1. (Bode, Gesch. der Lyrisch. Dichtkunst der Hellenen, i-t P- 382, &c.— Compare Quintil., xii., 10.)— 2. (Find., 01., i., "» — Ncm., iii., 19 ; xi., 8.— Pyth., viii., 42, et passim.)-3. (Dial Mor., l.)^-4. (Schol. Veoet. ad II., ii., 293.— Hesych., s. T. Zjyu- —Cic, De Nat. Deor., ii., 59.)^5. (Auct. ad Keren., iy.. «• — Ovid, Met., xi., 167.)— 6. (Ovid, Met., xi. 168.)-7.; (W. »1" Ovid, Heroid., iii., 118.)— 8. (s. V.)— 9. (8.V.) MAGISTER. MAGISTRATUS. " Sprengel confidently determines the X. ol Dioscoi ■ ides to be the Lysimaciia vulgaris, or yellow Loose- Btrive ; but the I/ysimachium of Pliny he holds to be the la/thrum salicaria."^ M. MAOEDONIA'NUM SENATUS CONSULTUM. (Vid. Senatcs Consulthm.) MACCHUS. {Vid. Atellan^ Fabul^, p. 119.) MACELLUM (InpovuMa ;' lnpoi7u^,Elov, xpeoTtu- Jleiof), a provision-market, frequented by cooks, fishermen, poulterers, confectioners, butchers, and men of similar occupations.' {Vid. Forhm, p. 451 ) From macellum, a provision-merchant was called maceUarius (iyipomj%ijc, KpeoTTulris*), The Athe- nians called their macellum cif rovfov, just as they called their slave-market cig to. dvrfpajroda,, their wine-market elg rw olvov, and other markets by the names of the commodities sold in them.' *MACER (jiausp), according to Moses Charras, the same as Mace. " This, however, is denied by Matthiolus," observes Adams, " with whom Spren- gel agrees, although he admits that the Arabians confounded them together. He is disposed to be- lieve it the bark of a Malabar tree described by Costa, and said to be called Macre."' MAGADIS. {Yid. Lyba ; Musioa, Geeek.) MAGISTER, which contains the same root as mag-is and mag-nus, was applied at Rome to per- sons possessing various kinds of offices, and is thus explained by Festus :' " Magisterare, moderari. Unde magisiri nort solum doctores artium, sed etiam pagorum, societatum, vicorum, collegiorum, equitum dicuntur ; quia omnes hi magis ceteris possunt." Paulus' tVms defines the word : " Quibus prcecipua cura rerum incumbit, et qui magis quam ceteri dili- gentiam et sollicitudinem rebus, quibus prcesunt, de- tent, hi magistri appellantur." The following is a list of the principal magistri : Magistee Admissiondm. {Yid. Admissionales.) Maoistee AEMOEnM appears to have been the same officer as the magister militum.' Magistee Adotionis. (Fj'rf. Bonoeum Emtio.) Magistee Bibendi. {Yid. Symposium.) Magistee Collegii was the president of a col- legium or corporation. {Yid. Collegium.) Magistee Epistolaeum answered letters on be- half of the emperor." Magistee Equitum. (Fid. Diotatok, p. 361.) Magistee Libelloeum was an officer or secre- tary who read and answered petitions addressed to the emperors. {Vid. Libellus, 4, c.) He is called in an inscription " Magister libellorum et cognitionum sacrarum.'"-^ Magistee Memoei.iE, an officer whose duty it was to receive the decision of the emperor on any subject, and communicate it to the public or the persons concerned." Magistee Militum. {Yid. Aemy, Roman, p. 106.) Magistee Natis. {Vid. Ezeecitobia Actio.) Magistee Officioeum was an officer of high rank at the imperial court, who had the superintendence of all audiences with the emperor, and also had ex- tensive jurisdiction over both civil and miUtary offi- cers." 1. (Dioscor., iv., 3. — Adams, Append., s. v.)— 2. (Athen., i., t )— 3. (Varro, De Re Rust., iii., 2, 17.— Id., De Ling. Lnt.,T., 32, p. 147, 148. ed. Spengel.— Plant., Anlnl., ii., 8, 3.— Ter., Bun., u., 2, 24.— Hor., Sat., ii., 3, 229.— Id., Epist., i., 15, 31.— Sen- eca, Epist., 78.)^. (Sucton., Jul., 26.— Id., Vespas., 19.— Var- i»,De Re Rust., iii., 2, 4.)— 5. (Pollux, Onom., ii., 47. — Id. ib., 3e., 19. — Harpocr., s. v. Asiyua.) — 6. (Dioscor., i., 110. — Ad- ams, Append., s. v.)— 7. (s. v. iVfogisterare.) — 8. (Dig. 50, tit. 16, ■.57.) — 9. (Amm. Majc, xvi.,.7; xx., 9.)^10. (Orelli, Inscr., J352.)— 11. (Orelli, 1. o.)— 12. (Amm. Marc, xv., 5.— Id., xivii., e.)— 13. (Cod. 1, tit. 31 ; 12, tit. 16.— Cod. Theod., i., tit. 9; VI., tit. 9.— Amm. Maroell., it., 5.— Id., xx., 2.^Id., ixii., 3.— rtnssiod., Variar, Ti.j 6 ) Maoistee Populi. {Vid. Dicitatoe, p. 360.) Magistee Soeinioeum had the care of all the p* pers and documents belonging to the emperor.' Magistee Societatis. The equites, who farmed the taxes at Rome, were divided into certain socie ties ; and he who presided in such a society was called magister societatis." Magistee Vicoeum. Augustus divided Rome into certain regiones and vici, and commanded that tht people of each vicus should choose magistri to man- age its affairs.' From an inscription on an ancient stone referred to by Pitiscus,* it appears that there were four such magistri to each vicus. They were accustomed to exhibit the Ludi Corapitalitii dressed in the prastexta.' MAGISTRA'TUS. A definition of magistratus may be collected from Pomponius, De Origine Ju- ris.' Magistratus are those " qui juri dicundo pros sunt." The king was originally the sole magistra- tus ; he had all the potestas. • On the expulsion of the kings, two consuls were annually appointed, and they were magistratus. In course of time other magistratus were appointed, so that Poraponius enumerates as the magistratus of his time " qui in civitate jura reddebant," ten tribuni plebis, two con- suls, eighteen praetors, and sis oediles. He adds that the prsefecti annonae et vigilum were not ma- gistratus. The dictator was also a magistratus ; and the censors ; and the decemviri litibus judican dis. The governors of provinces with the title ot proprajtor or proconsul were also magistratus. Gai US attributes the jus edicendi to the magistratus populi Roman!, without any restriction ; but he says that the chief edictal power was possessed by the praetor urbanus and the praetor peregrinus, whose jurisflictio in the provinces was exercised by thi praesides of provinces, and also by the curule aed> les, whose jurisdiction in the provinciae populi Re mani was exercised by the quaestors of those prov inces. The word magistratus contains the same element as mag(ister) and mag(nus) ; arid it signifies both the person and the office, as we see in the phrase " se magistralu abdicare.'" According to Festus, a magistratus was one who had " judicium auspicium- que." According to M. Messala the augur, quoted by Gellius,' the auspicia maxima belonged to the con- suls, praetors, and censors, and the minora auspicia to the other magistratus ; accordingly, the consuls, praetors, and censors were called majores, and they were elected at the comitia centuriata ; the other magistratus were called minores. The magistratus were also divided into curules and those who were not curules : the magistratus curules were the dic- tator, consuls, praetors, censors, and the curule aedi- les, who were so called because they had the jus sellae curulis. The magistrates were chosen only from the patricians in the early Republic, but in course of time the plebeians shared these honours, with the exception of that of the interrex : the ple- beian magistratus, properly so called, were the ple- beian aediles and the tribuni plebis. The distinction of magistratus into majores who had the imperium, and the minores who had not, had a reference ij jurisdiction also. The former term comprised praetors and governors of provinces ; the latter, in the republican time, comprised aediles and quaestors, and, under the Empire, the numerous body of municipal magistrates. The want of the imperium limited the power of the magistratus mi- 1. (Cod. 12, tit. 9.— Spartian., .SI. Ver., 4.— Lamprid., Aloi. Sev., 26.)— 2. (Cic, Verr., H., li., 74.— Id. ad Fam., xiii., 9.-.. Id., Pro Plane, 13.)— 3. (Suet., Octav., 30.— Id., Tib., 76;^Orel li, Inscr., 5, 813, 1530.) — 4. (Lexicon, s. t.)— 5. (Ascon. in Cic, Pison., p. 7, ed. Orelli.)- 6. (Dig. 1, tit. 2,)— 7. (Liv., xxiii., 83 } -8 (liu., 13.) 807 MAGNESroS LAPIS. MAJESTAS. cores in various matters which came under their cognizance, and the want of it also removed other matters entirely from their jurisdictio (taking the word in its general sense). Those matters which belonged to jurisdictio in its limited sense were within the competence of the magistratus minores (tid. JuKisDiOTio) ; but those matters which belong to the imperium were, for that reason, not within the competence of the magistratus minores. As proceeding from the imperium, we find enumerated the praetoriaa stipulaliones, such as the cautio damni infecti, and ex novi operis nunciatione ; and also the missio in possessionem, and the in integrum restitutio. Thus it appears that the limited juris- dictio was confined to the ordo judiciorum privato- rum, and all the proceedings extra ordinem were based on the imperium : consequently, a minor ma- gistratus could not exercise cognitio, properly so called, and could not make a decretum. This con- sideration explains the fact of two praetors for ques- tions as to fideicommissa being appointed under Claudius : they had to decide such matters for all Italy, inasmuch as such matters were not within the competence of the municipal magistrates. The jurisdiction of the municipal magistrates of Cisal- pine Gaul was limited, in many cases, to a certain sam of money, and this limitation was afterward extended to all Italy. Added to this, these magis- trates had not the imperium, which, as already ob- served, limited their jurisdictio. The magistratus minores could take cognizance of matters which were not within their jurisdictio, by delegatio from a superior magistratus. Thus, in the case of damnum infectum, inasmuch as delay might cause irreparable mischief, the praetor could delegate to the municipal magistratus, who were under him, the power of requiring the cautio.' It became necessary to reorganize the adminis- tration of Gallia Cisalpina on its ceasing to be a province ; and, as the jurisdictio was placed in the hands of municipal magistratus who had no impe- rium, it was farther necessary to determine what should be the form of procedure before these ma- gistratus in all matters that were extra ordinem, that is, in such matters as did not belong to their competence because they were magistratus minores, but were specially given to them by a lex. The de- termining of this form of procedure was the object of the lex Rubria. (Vid. Lex Rvbsia.)" The case of adoption (properly so called) illus- trates the distinction of magistratus into majores and minores, as founded on the possessing or not possessing the imperium.' This adoption was ef- fected " imperio magistratus," as, for instance, be- fore the praetor at Rome : in the provincia; the same thing was elTected before a proconsul or legatus, both of whom, therefore, had the imperium. The municipal magistratus, as they had not the imperi- um, could not give validity to such an act of adop- tion. ♦MAGNES (lUuyvjyc /xayv^n^, and ftayvin; Aiflof), the Loadstone or Magnet. " The story of the dis- covery of this stone by one Magnes, a shepherd on Mount Ida, who found his hob-nailed shoes and iron-pointed staff cling to the rook upon which he trod, seems to be a poetical fiction, derived by Pliny from Nicander. The name is undoubtedly derived from the locality where the stone was first found." (Consult the following article.)* ♦MAGNESIUS LAPIS, a stone found both at Magnesia in Thessaly, and near a city of the same Dame in Asia Minor. " As one and the same min- eral substance," observes Dr. Moore, "received among the ancieiits different names, according as 1. (Big. S5, tit 5, s 4.)— 2. (Puchta, Zeitschrift, jr., p. 195.) ■ -3. (Gains, f ., 99.) — i. (Moore's Anc. Mineral., p. 116 ) (iOH it was procured by diflferent methods from differ ent places, or from substances apparently inlike: so, on the other hand, things of dissimilar nature i were called by the same name, merely because nf i some accidental agreement in colour, place of orj. gin, or use to which they were applied. Thus the name 'magnet' (or Maghesian stone) was given, not only to what we call the native magnet, mta. netic oxyde of iron, but to a substance wholly dj. ferent, and which appears to have been some varie. ty of steatite. It is highly probable that these two minerals, so different in character, were both d». nominated the magnetic (or Magnesian) stone, from their being both found in a country named Hague, sia ; for, of the five localities specified by Pliny, whence as many varieties of magnet were obtained, one is Magnesia in Thessaly, and another a city of Asia bearing the same name. And it was here, ho says, a magnet was found, of a whitish colour, somewhat resembling pumice, and not attracting iron ; which, taken in connexion with what Theo- phrastus says of the magnet, that it was suited for turning in the lathe, and of a silvery appearance, j leads to the inference that this magnet was talc or steatite. This mineral contains a large proportion of the earth called magnesia, a name of which we may thus trace the origin, though perhaps a much purer form than this steatite affords, of the earth now called magnesia, may have been sometimes designated as the magnesian stone ; for, when Hippocrates prescribes the use of it as a cathartic, it seems highly probable that he meant the native carbonate of Magnesia. He certainly does not in- tend the magnet, as well because it is not purga- tive, as because he elsewhere describes that differ ently as the stone which draws iron, and ■would have named it, not the Magnesian, but the Ileraclo- an stone."' *MAGU'DARIS (fiayvSapis). Dioscorides ap plies this name to the root of the plant which pro- duces asafoetida. Theophrastus, however, would seem to make it a distinct species or variety. ( Vii. SiLPHIOM.)' *MAIA (iiala), a sort of Crab-fish described bj Aristotle. Gesner says it is called Araignicde mr, or Sea Spider. It is probably, says Adams, the Can- cer araneus, L.' ■*MAINIS (/iQifif), a species of fish, the Sparm mcena, called in French Mendole ; and in modern Greek, according to Coray, KepoiXa* MAJESTAS is defined by Ulpian' to be " crimen illud quod adversus populum Romanum vel adversut sccuritalem ejus commitlitur." He then gives vari- ous instances of the crime of majestas, some of which pretty nearly correspond to treason in Eng- lish law; but all the offences included under ma- jestas comprehend more than the English treason. One of the offences included in majestas was the effecting, aiding in, or planning the death of a ma- gistratus populi Romani, or of one who had imperi- um or potestas. Though the phrase " crimen ma- jestatis" was used, the complete expression wat " crimen lasce, imminutce, diminutae, mimtta, majesti>r tis." The word majestas, consistently with its relation to ma^(nus), signifies the magnitude or greatness of a thing. " Majestas," says Cicero,' " est queim magniludo populi Romani ;" " majestas eit in impertt atquc in nominis populi Romani dignitate." Accord- ingly the phrasts "majestas populi Romani," "im- perii ''majestas,"'' signify the whole of that which 1. (Plin., H. N., xirvi., 25 Theophrasl., De Lnjiid., c.73.- Moore's Anc. Mineralogy, p. 115.) — 2. .(Dioscor., iii., 84.r-Thco- phrast., H. v., i., 11.— Id. ib., vi., 3.— Adams, Append., s. '.)- 3. (Aristot., H. A., viii., 19.)— 4. (Aristot., H. A., -n., 15.t-P1io. H. N., ix., 26.— Coray ad Xenoor.— Adams, Aiipencl,>.T.)-^ (Dig. 48; tit. 4, s. 1.)— 6. (Part., 30.)— 7. (Hor., Cami., ir.. " ■ MAJKSTAS. itfAJESTAS. eonstituted the Roman s'.ate ; in cii.ei -wt^iis, the sovereign power of the Itoman stale. The expres- sion minuere majestatem consequently signifies any act by which this majestas is impaired ; and it is thus defined by Cicero :' " Majestatcm minuere est dc dignitate, aut amplitudine, out potcstate populi aut (arum quibus populus potestatem dedit, aliquid dero- g-arr..'" The phrase majestas publica in the Digest is equivalent to the majestas populi Uomani. In the republican period, the term majestas laesa or minuta was most commonly applied to cases of a general betraying or surrendering his army to the enemy, exciting sedition, and generally by his bad conduct in administration impairing the majestas of the state.' The laws of the Twelve Tables punished with death a. person who stirred up an enemy against Rome, or surrendered a Roman citizen to an ene- my.* The leges majestatis seem to have extend- ed the offence of majestas generally to all acts which impaired the majestas publica ; and several of the special provisions of the lex Julia are enu- merated in the passage just referred to. It seems difficult to ascertain how far the lex Ju- lia carried the offence of majestas with respect to the person of the prinoeps. Like many other leges, it was modified by senatus cousulta and imperial constitutions ; and we cannot conclude from the title in the Digest, "Ad Legem Juliam Majestatis," that all the provisions enumerated under that title were comprehended in the original lex Julia. It is stated by Marcianus, as there cited, that it was not majestas to repair the statues of the Caesar which were going to decay; and a.rescriptof Severus and his son Antoninus Caracalla declared that if a stone was thrown and accidentally struck a statue of the emperor, that also was not majestas ; and they also grac-'jusly declared that it was not rnajestas to sell ihe statues of the Cajsar betore they were conse- crated. Here, then, is aii instance, under the title Ad, Legem Juliam Majestatis, of, the imperial re- scripts declaring what was not majestas. But there is also an, extract from Saturninus, De Judi- ,ciis, who says that if- a person melted down the statues or imagines, of the imperatpr which were already consecrated, or did any similar act, he was liable to the penalties of the lex Julja Majestatis. But even this does not prove that this provision was a part of the Julia lex as originally passed, for a lex, after being amended by senatus consulta or imperial constitutions, still retained its name. The old punishment of majestas was perpetual interdiction from fire and water ; , but now, says Paulus,^that is, in the later imperial period, persons of low condition are thrown to wild beasts, or burn- ed alive ; persons pf better, condition are, simply put to deatli. The property of the offender was confis- cated, and his memory was infamous. In the early times of the Republic, esvery act of a citizen which \i as injurious to the state or its peace was called perduellio, and the offender (perduellis) was tried before the populus (populi judieio), and, if ponvicted, put to death.^ Cn, Fqlvius' was charged with the offence of perduellio fgr, losing a Roman army. According to Gains, "perduellis" originally signified "hostis ;"' and thus the old offence of per- duellio was equivalent to making war on the Roman state,' The trial for perduellio {perduelliortis jiidi- e8M7»> existed to the later times of the Republic ; but the name seems to have almost fallen into dis- use, and various leges were passed for the purpose of determining more accurately what should bema- 1. (De Lvcetit., ii., 17.)— 2. XYid. Cic, ad ,Fam., iii., 11 : ^' Ma- JBiitatem auxiati.";— 3. (Tacit., Ann., i., 72.J-?4. (Dig. 48, tit. 4, •. 3.)— 5. (S. R., T, 39.)— 6 (Liv., ii., 41.— Id., ti., 20.)— 7. (Liv.. xxvi., 3.)— ii Die:. 50 tit. W, s. 2Ji.) 4H jestas. These were a lex Apuleia, probably passed in the fifth consulship of Marius, the exact contents of which are unknown ;• a lex Varia, B.C; 91 ; a lex Cornelia, passed by L. C. Sulla," and the lex Julia already mentioned, and which, as we have seen, continued under the Empire to be the fundamental enactment on this subject. This lex Julia is by some attributed to C. J. Caesar, and assigned to the year B.C. 48, and this may be the lex referred to in the Digest; some assume a second lex Ju- lia, under Augustus, but perhaps without sufficient grounds. Under the Empire the term majestas was applied to the person of the reigning Caesar, and we find the phrases majestas Augusta, imperatoria, and re- gia. It was, however, nothing new to apply the term to the emperor, considered in some of his va- rious capacities, for it was applied to the magistra- tus under the Repubhc, as to the consul and prae- tor.' Horace even addresses Augustus* in the terms "majestas tua,'^ but this can hardly be view- ed otherwise than as a personal compliment, and not as said with reference to any of the offices which he held. The extension of the penalties to various new offences against the person of the em- peror belongs, of course, to the imperial period. Au- gustus availed himself of the lex for prosecuting the authors of famosi libelli {cogniiiav.e-m de. famosis Ii- bellis, specie legis ejus, tractavit') : Ihe proper infer- ence from the passage of Tacitus is, that the leges majestatis (for they all seem to be comprised under the term " legem majestatis") did not apply to words or writings, Yor these were punishable otherwise. The passage of Cicero" is manifeaJy corrupt, and, as it stands, inconsistent with the context ; it can- not be taken as evidence that the lex Majestatis of Sulla contained any provisions as to libellous words, as to which there were other sufficient provisions. (Vid. Injobia.) Sigonius has attempted to collect the capita of the lex Majestatis of Sulla. Undei Tiberius, the offence of majestas was extended to all acts and words which might appear to be disre- spectful to the princeps, as appears from various passages in Tacitus.' The term perduellio was in use under the Empire, and seems to have been equivalent to majestas at that period. An inquiry might be made into an act of majes- tas against the imperator even after the death of the offender ; a rule which was established (as we are informed by Paulus) by M. Aurelius in the case of Druneianus, a senator who had taken part in the outbreak of Cassius, and whose property was claim- ed by the fiscus after his death. (Perhaps the ac- count of Capitolinus,' and of Vukatius Gallicanus,' is not inconsistent with the statement of Paulus.i A constitution of S. Severus and Antoninus Cara- qalla declared that, from the time that an act of majestas was committed, a man could not alienate his property or manumit a slave, to which the great {■magnus) Antoninus (probably ;Caracalla is still meant) added, that a debtor could not, after thai time, lawfully make a payment to him. In the matter pf majestas, slaves opuld-alsp be examined by tprture in prder tp give evidence against their master : this prpvisipn, thpugh comprehended in the code under the title Ad Legem Juliam Majes- tatis, was perhaps not contained in the original law, for Tiberius sold a man's slaves to the actor publicus,'" in order that they might give evidence against their master, who was accused of repetnn- dae and. also of majestas. Women were admitted 1. (Cic:, De Or., ii,, 25, 49 )— 2. (Cic. in Pis., 21.— M., Pi, ClBsnt.; 35.)— 3. (Cic, Philipp., xiii.,,9.— Cic. in Pis., 11.)— 4 (Epist., 11., i , 268 )— 5. (Tacit., Ann., i., 72 —Dion Cass,, IvL 27.- Suet., Octav., 65.)— 6. (ad Fam., iii., ll.)-7. (Ann., i., •'i 74 ; .ii,,.50 , iii., 38,66, C7, *cO,— 8, (Mj Ant. Phil,, c. 26.)— V (Avidius Cassius, c 9.) — 10. /Ann., iii., 67.) Bon MALLEUS. MALUS. as evidence in a case of Isesa majestas, and the ease of Fiilvia is cited as an instance.' As to the phrase patria majestas, see Patkia POTESTAS. *MALABATHRUM {naldiaBpov). The Indian /mMUBpov, described in the Periplus of Arrian, is indisputably, according to Adams, the Betel, or, rather, the Araeca-nut enveloped in the leaves of the Betel. There are three species of Betel, camely, Malabatkron hydrosphmrum, mcsospkarum, end microsphoTum. Horace applies the word to an ftinlment or perfume, " perfusus nilentes Malabathro Syria capiUos," on which passage Porphyrion re- marks, "Malabathrum unguenti speciem esse scimus." Isidorus says of it, "Folium dictum, quod sine ulla radice innatans in Indiae litoribus colligitur." It is unilormly called folium, by Apicius. According to Geofii-oy, it is the leaf of a kind of wild cinna- mon-tree. Sprengel, in like manner, holds it to be a cassia-leaf From this conflict of authorities, it would appear that the term, though properly signi- fying what we have mentioned in the beginning of this article, became gradually applied to other and different aromatics." *MAL'ACHE i/iaUxri)- Sprengel, on the author- ity of Walpole, decides that the edible fiaXaxri of the Greeks, or /i. KijirevHj of Dioscorides, was the Malva sylvestris. The SevSpo/jaTiAxv of Galen he sets down as the Althcea rozea. According to Sibthorp, this is the officinal mallows of the modern Greeks. " As emollients, mallows are well known in medi- cal practice, the Marsh-mallow {Allhaa officinalis) being one of the most useful among this kind of remedial substances.'" *MALAGIA {fiaKaKLa). "One of the inferior classes of animals, according to the Aristotelian ar- angement, which nearly corresponds to that of Cuvier. The cuttle-fish and a few. others were placed in this class. They are called Mollia. by Pliny, who, however, is guilty of inconsistency in applying this term to the liaXaKoarpaKa on one or more occasions."* *MALACOCRANEUS {fiaUitoKpavEvg), a bird briefly noticed by Aristotle. Gesner concludes that it is the " Pica glandaria" of Pliny, namely, the Jay, or Garrulus glandarius, Brisson, the same as the Corvus glandarius, L.' MA'LLEUS, dim. MALLE'OLUS (Jiatar^p : mpv- pa, dim. afvpiov), a Hammer, a Mallet. In the hands of the farmer, the mallet of wood served to break down the clods {occare). and to pulverize them.^ The butcher used it in slaying cattle by striking the head, and we often read of it as used by the smith upon the anvil.' When several men were employed at the same anvil, it was a matter of necessity that they should strike in time, and Virgil accordingly says of the Cyclopes, " Inter se brachia tollunt in numerum."' The scene which he describes is represented in the annexed wood- cut, taken from an ancient bas-relief, in which Vul- can, Brontes, and Steropes are seen forging the metal, while the third Cyclops, Pyracmon, blows Jie bellows.' Beside the anvil-stand (vid. Incus) is seen the vessel of water in which the hot iron or bronze was immersed.'" But, besides the employment of the hammer upon •he anvil for making all ordinary utensils, the smith I. (Dig. 48, tit. 4.— Cod. ii., tit. 8.)— 2. (Diosoor., i., 11.— Isid., Orig., xviii., 9. — Adams, Append., s.y.)— 3. (Tlieophrast., H.P., i , 3. — ^Dioscor., ii., 144. — Adams, Append., s, v.) — 4. (Adams, Append., s. v.) — 5. (Aristot., H. A., ix., 18. — Adams, Append., s. V.)— 6. (Colum., De Re Rust., ii., 13. — Id. ib., xi., 2.— Virg., Oeorg., i., 105.— Bruncli, Anal., ii., 53, 215.— Id. ib., iii., 44.— Arisloph., Pax, 566.— Pollux, Onom., i., 12.— Id. ib., i., 29.)—". (Ovid, Met., ii., 627.— Horn., II., xviii., 477.— Od., iii., 434.— Apoll. Rhod., iii , 1254.— Heiod., i., 68.— Callim., Hymn, in Di- lu., 59. -- Aristot., Do Gen. Anim., v., 8.) — 8. (Georg., iv., 174. -En., viii., 452.)— 9 (iEn , viii , 425.)- 10. (Ib., t., 4S0, MI.) 610 (Xa^evc) wrought with this instniment called Ipya aa(jivpriTa}), which were either small and fine, some of their parts being beaten as thin as paper, and being in very high re- lief, as in the bronzes of Siris (vid. Lorioa, p. 598), or of colossal proportions, being composed of separate plates riveted together ; of this, the most remark- able example was the statue of the sun of wrought bronze {oij>vpfj\aT0( icoXoaaos ;' ftaianipoKoma'), sev- enty cubits high, which was erected in Rhodes. Another remarkable production of the same kind was the golden statue of Jupiter,* which was erect- ed at Olympia by the sons of Cypselus. The right- hand figure of Hercules, in the woodcut at page 93, is taken from the remains of a very ancient bronze candelabrum, found in 1812 near Perugia, and now preserved in the Glyptothek at Munich. It consists of embossed plates, finely wrought with the ham- mer, and the small rivets for holding them togeth- er are still visible. By other artificers the hammer was used in con- junction with the chisel (vid. Dolabha), as by the carpenter (pulsans malleus ;' woodcut, p. 62) and the sculptor. The term malleolus denoted a hammer, the tians- verse head of which was formed for holding pitch and tow, which, having been set on fire, was prO' jected slowly, so that it might not be extinguished during its flight, upon houses and other buildingi in order to set them on fire, and which was, there- fore, commonly used in sieges, together with torchef and falaricae." (Fid. Hasta, p. 489.) When the shoot of a vine was cut in order to be set in the ground, part of the stem was also cut away with it, and bore a resemblance to the head of a hammer ; hence such cuttings were called malleoli.'' *MALINOTHALLE {iialLvoea,U.ri), a plant which, according to Bauhin, some had taken for the Cyptm esculentus. Stackhouse adopts this opinion.' *MALTHE (iiakdri), a fish mentioned by Oppian, Athenaeus, and .iElian. All that we can aseertair. of it, remarks Adams, is, that it was of the Ceta- ceous tribe.' ♦MALVA. {Vid. Malaoee.) ♦MALUM {fi^TiOv). "According to MacrobiiUi the ancients applied the term mala to all kinds o( fruit which have the hard peirt or kernel within, and the esculent part outside. The various kindt treated of by ancient authors will be found undei their several heads.'"" MALUS ('lo-rdf ). The ancients had vessels wiUi 1. (Brunclt, Anal., ii., 222.)— 2. (Theocrit, xxii., 47.)-3. (Philo, Do 7 Speotac, 4, p. 14, ed. Orelli.)— 4. (Strabo, viii., »i 20.— Plat., Phsedr., p. 232, Heindorf.)— 5. (Coripp., Do L"""- Just., iv., 47.) — 6. (Liv., xxxviii., 6.— Non. MarceU., p. 95B, cd. Lips.— Festus, s. v.— Cic, Pro Mil., 24.— Voget., De K« Mil., iv., 18.— Vitrnv., x., 16, 9, ed. Schneider.)- 7. v and larov anareiav as distinct gear. The masts of the tetreres are similarly termed lirov(, xi., e. For a triakonter, two masts, both termed laroi, ap- pear, T7II., sub init. In two-masted ships the small- er mast was usually near the prore. In three- masted ships the size of the masts decreased as they approached the stem ; the largest was the near- est to the stem. The mast was of one entire piece. Pliny' tells us the mast and the yards were usually of fir. Respecting the mode in which the yard was affixed to the mast, see the article Antenna. We do not find in the inscriptions alluded to, and which are mostly of the aera of Demosthenes, who is named in them, any terms by which parts of the mast are described. It seems to have been always issued to the trierarch as a piece of solid gear. The price of the large mast is given in these inscrip- tions (probably, as Bockh conjectures, with hoops, &c.) at 37 draclmiae. Pliny" attributes the inven- tion of the mast to Dsedalus. MALUS OCULUS. (FtiJ. Fascindm.) MANCEPS has the same relation to mancipium that auspex has to auspicium. It is properly qui manu capit. But the word has several special sig- nifications. Mancipes were those who bid at the public lettings of the censors for the purpose of farming any part of the public property.* Some- times the chief of the publicani generally are meant ((y this term, as they were no doubt the bidders and gave the security, and then they shared the undertaking with others, or underlet it.' The man- cipes would accordingly have distinctive names, ac- cording to the kind of revenue which they took on lease, as decumani, portitores, pecuarii. Suetoni- us' says that the father of Petro was a manceps of labourers (operm) who went yearly from Umbrium to Sabinum to cultivate the land ; that is, he hired them from their masters, and paid so much for the use of them, as is now often done in slave coun- tries. The terms mancipes thermarum et salina- nim occur in the Thedosian Code.' MANCIPA'TIO (Fid. MANaiPinM.) MA'NCIPI RES. {Vid.. DoMiNinM.) MANCrPII CAUSA. The three expressions by which the Romans indicated the status in which a free person might be with respect to another, were in potestate, in manu, and in mancipio ejus esse.' In consequence of his potestas, a father could man- cipate his child to another person, for in the old times of the Republic his patria potestas was hardly '.dstinguished from property ; the act of begetting was equivalent to the acquisition of ownersliip. A husband had the same power over a wife in manu, for she was "flliae loco." Accordingly, a child in potestate and a wife in manu were properly res mancipi, and they were said to be in mancipio. Still such persons, when mancipated, were not ex- actly in the relation of slaves to the persons to whom they were mancipated, but they occupied a status between free persons and slaves, which was 1. (" TJrll'inden das Seeweesen des ^.iischen Staates," Berlin, 1840.) — 2. (xTi., 76.) — 3. (vii., 57. —4. (Festus, s. v. Man- cepo.- Cic. , Pro Plane, 13.)— 5. (A»<'3i. in Div. Ver., c. 10.) — 6. (Vesp , 1.)— 7. (xiv . tit. 5, s. 3.)- S. (Gaiua, 1.. 49.) expressed by the words mancipii causa. Such per sons as were in mancipii causa were not sui juris, and all that they acquired was acquired for the persons to whom they were mancipated. But they differed from slaves in not being possessed ; they might also have an injuriarum aclx) for ill-treat- ment from those who had them in mancipio, and they did not lose the rights of ingenui, but these rights were only suspended. As to contracts, the person with whom they contracted might obtain the sale of such property (bona) as would have been theirs if they had not been in mancipii causa, as Gains expresses it.' Persons in mancipii causa might be manumitted in the same way as slaves, and the limitations of the lex .^Elia Sentia and Furia Caninia did not apply to such manumissions. The person who effected the manumission thereby ac- quired a kind of patronal right, which was of some importance in the matters of hereditas and tutela. The strict practice of mancipatio had fallen into disuse in the time of Gains, and probably still ear- lier, and it had then become a mere legal form by which the patria potestas was dissolved {vii. Eman- ciPATio), except a person was mancipated ex nox- ali causa. In case of delicts by the son, the father could mancipate him (ex noxali causa mancipio dare), and one act of mancipatio was considered suffi- cient ;' but the son had a right of action for recov ering his freedom, when he had worked out the amount of the damage.* Justinian put an end to the noxffi datio in the case of children, which, in- deed, before his time had fallen into disuse.' In his time. Gains remarks,' that men were not kept in mancipii causa (ire eo jure) for any long time, the form of mancipatio being only used (except in the case of a noxalis causa) for the purpose of eman- cipation. But questions of law still arose out ot this form ; for the three mancipationes, which were necessary in the case of a son, might not always have been observed. Accordingly, a child begotten by a son who had been twice mancipated, but born after the third mancipatio of his father, was still in the power of his grandfather. A child begotten by a son who was in his third mancipatio, came into his father's power if he was manumitted after that mancipation ; but if the father died in mancipio, the child became sui juris.' Coemptio, by which a woman came in manim], was effected by mancipatio, and the coemptio might be either matrimonii causa or fiducis causa. The fiduciai causa coemptio was a ceremony which was necessary when a woman wished to change her tutores, and also when she wished to make a will ■ but a senatus consultum of Hadrian dispensed with the ceremony in the latter case.' Dion Cassius' says that Tiberius Nero transferred or gave (sfE'duKc) his wife to Octavianus, as a father would do ; and the transfer of his wife Marcia by the younger Cato to Quintus Hortensius" is a well- known story. It is probable that in both these cases the wife was in rnanu, and, accordingly, mighl be mancipated, and her children born to her new husband would be in his power. The situation of a debtor who was adjudicated tci his creditor resembled that of a person who was in mancipii causa. MANCI'PIUM. The etymology of this word ia the same as that of the word mancipatio, of which Gains" says, " Mancipatio dicitur quia manu res ca- pitur." The term mancipium, then, is derived from the act of ,S.)-8. (ii.,«.) "■ ' 612 patio, or the older term mancipium, is equivalent li " traditio neXu :" in other words, mancipium ivav, nexus or nexum. Cicero' uses both words In thi same sentence, where he speaks of various titles to property, and among them he mentions the jm mancipii and jus nexi. He may mean here to speak of the jus mancipii in its special sense, as contrasted with the jus nexi, which had a \vi(ie( meaning; in another instance he uses bothwordj to express one thing." According to yElius GaSm, everything was "nexum" " quodcunque per as it libram gexitvr ;" and as mancipatio was efTecteJ per aes et libram, it was consequently a nexum The form of mancipatio by the aes and libra coit tinned probably till Justinian abolished the distinc. tion between res mancipi and res nee mancipi: It is alluded to by Horace," and the libra, says Piiny,< is still used in such forms of transfer. When things were transferred mancipio; the vend or was bound to warranty in double of the amouni of the thing sold.' A vendor, therefore, who had a doubtful title, would not sell by mancipiuniCbut wouli merely transfer by delivery, and leave the purchaser to obtain the quiritarian ownership of the thing bv usucapion." Accordingly, Varro observes,'' that if a slave was not transferred by mancipium, tho seller entered into a stipulatio dupli, to be enforced by the buyer in the case of eviction; when the transfer was by mancipium, this stipulation was hot necessary. The terms of the contract were called lex mancipii, but it is not necessary to infer from the passage of Cicero* that the lex contained the penalty, but merely that it contained what the seta warranted.' It will easily result from what has been said, that mancipium may be used as equivalent to completo ownership, and may thus be opposed to usus, as ii a passage of Lucretius that has been often quoted," and to fructus." Sometimes the word manoipium signifies a slave, as being one of the res mancipi this is probably the sense of the word in Cicero,' and certainly in Horace." Sometimes mancipia \i used generally for res mancipi,'* unless rem mancipi is the right reading in that passage. The subject of mancipium and mancipatio is dis- cussed by Corn. Van Bynkershoek, OpusculiiW'de Rebus Mancipi et Nee Mancipi. ' MANDA'TI ACTIO. (Firf. Mandatuk.) MA^^DA'TUM exists -vfrhen one person coramis- sions another to do something without reward, and that other person undertakes to do it : and general- ly it may be stated, that whenever a man gives a thing to another to do, which, if the thing were tb be done for pay (merces"), woiild make the transac- tion a contract of locatio and conductio, the right to the actio mandati arises ; as, if a man gives clothes to a fullo to be furbished up and cleaned, or to a tailor {sarcinator) to mend. The person who gave the commission was the mandator, he who received it was the mandatarius. The mandatum might bo either on the sole account of the mandator, or on another person's account, or on the account of tho mandator and another person, or on account of the mandator and mandatarius, or on the account of the mandatarius and another perso^. But tliere could be no mandatum on the account (gratufiot: tht mandatarius only ; as if a man were to advisfian- other to put his money out to interest, and it yvere lost, the loser would have no mandati actio against his adviser. If the advice were to lend the money to Titius, and the loan had the like result, it was a 1. (Do Harusp. Resp., c. 7.) — 2. (ad Fam., iv., 30.)— 3. (Epist., ii., 2, 168.)— 4. (H. N., xxxiii., 3.)— 5, (Paulus, S. ,B, ii., 16.)^6. (Pleat., Cure, iv., 2, 9.— Id., Persa, iV., 3, 65.)— 7. (De Be Rustica, ii., 10.)— 8. (De Or., i., 39.)— 9. (Vui.PibMu- riEiip, c. 2.)— 10 (Ui., 985.)— U. (Cic. ad Fam., vii, 29, 3(l,)f 13. ,Top., S.)- 13. (Epist., i.. 6, 39.)— 14. (Ulp., tit. li., s. 2.1 MANICA. MANIPULUS. i^estion whether this was a case of mandatum ; out the opinion of Sabinus prevailed that it was. lit was not mandatum if the thing was contra bonos mores, or, in other words, if the object of the man- idatum was an illegal act. A mandatum might be general or special : and the mandatarius was bound ito keep within the limits of the mandatum. The mandator had an utilis actio against such persons 3S the mandatarius contracted with ; and such per- sons had the like action against the mandator, and a directa actio against the mandatarius. The man- dator and mandatarius had also respectively a di- recta actio against one another in respect of the mandatum : the actio of the mandatarius might be for indemnity generally in respect of what he had done bona fide. If the mandatarius exceeded his commission, he had no action against the man- dator; but the mandator, in such case, had an action for the amount of damage sustained by the non-ex- ecution of the mandatum, provided it could have been executed. The mandatum might be recalled 30 long as no part of it was performed (dum adhuc Integra res esl). In the like case, it was also dis- solved by the death of either party ; but if the mandatarius executed the mandatum after the death of the mandator, in ignorance of his death, he had his action, of course, against the heres. According to Cicero, a mandati judicium was "mm minus tur- pe quam furti ;'" which, however, would obviously depend on circumstances. {Vid. Infamia.) Mandatum is sometimes used in the sense of a command from a superior to an inferior. Under the Empire, the mandata principum were the commands and instructions given to governors of provinces and others. Frontinus' classes the mandata principum with lex and senatus consulta.' MANDRjE. {Vid. LATRHNCnLi.) »MANDRAG'ORAS (.fiavdpaydpag), the Man- drake. " It is to be remarked," observes Adams, " that the /iavSpayopa; of Theophrastus is different from that of Dioscorides. Dodonseus determines the former to be the Atropa Belladonna. According to Sprengel, the M. of Dioscorides is the Mandra- goras vernalis, Bertol, and the M. famina the M. autumnalis. On the Mandragoras, see an interest- ing disquisition in the Hieroboianicon of Celsius."* MANDYAS. (_Vid. Laoeena.) MA'NICA, a Sleeve. Besides the use of sleeves sewed to the tunic, which, when so manufactured, was called Chiridota, or " manicata tunica,"^ sleeves were also worn as a separate part of the dress. Palladius' mentions the propriety of provi- ding " ocreas manicasque de pellibus," i. e., legglns and sleeves made of hides, as useful both to the hunts- man and to the agricultural labourer. The Roman gladiators wore, together with greaves, a sleeve of an appropriate kind on the right arm and hand,' as Is exhibited in the woodcuts at page 477. These parts of dress are mentioned together even as early as the Homeric age.' In this passage the manicEB {xeipiSe^) seem to be mittens, worn on the hands to protect them from briers and thorns : and ^ustathius, in his commentary on the passage, dis- tinguishes between simple mittens, such as our abourers use in hedging, and gloves, which he calls XCipiSe^ SanrvXCiTat.^ , Gloves with fingers (digitalia}'') were worn among the Romans for the performance of certain manuaJ operations. Pliny the younger refers also to the use of manicae in winter ta protect the hands from eold." Those used by the Persians were probably 1. (Pro Rose. Amer., c. 38.)— 2:. (De Aqua:duot.)-^3. (Gaiua, jji., ]55-l>2.— Id., iv., 83, U.-D\g. 17, tit. 1.)— 4. {Adams, Append., s. v.)— 5. (Curt., iii., 7, p. 12, ed. Zumpt.)— 6. (De Re Rust., i., 43.)— 7. (Juv., vi., 255.)— 8 (7jJ. Odyss., xxiv.. 428, 229.)— 9. (p. 1960, init.)— 10. (Varro, De Re Rust., i., 55.) -n. (EpiBt., iii., S.) made of fur, perhaps resembhng muffs ; the Persians also wore gloves in winter (da/mJ/l^Spaf'). In an enumeration of the instruments of torture used in the fourth century of the Christian era, we observe "the glove,"" but its construction or material ia not described. Handcuffs were called manica.' Besides the tunica manicata with sleeves reach- ing either to the elbow or to the wrist, of which a description is given under Chikidota, there was another variety, in which the sleeves came down only a little below the shoulder (see woodcut, page 332). The Exomis had a short sleeve for the left arm only. The sleeves of the Persian tunic (Oan- DYs) were exceedingly wide. MANI'PULUS. The original meaning of the word, which is clearly derived from manus, was a handful or wisp of hay, straw, fern, or the like ;* and this, according to Roman tradition, affixed to the end of a pole, formed the primitive military standard in the days of Romulus';' heneeit was applied to a detachment of soldiers serving under the same en- sign (see Varro,' Ling. ' Lat., v., 88 ; vi.,; 85, who connects it in this sense directly withmonKs) ; and when the ponderous mass of the-phalahxiwas re- solved into small battalions marshalled -in open order, these were termed manipuli,^ and varied in' numbers at different periods according to the vary- ing constitution of the legion. 1. The earliest account of their formation ia given in Livy,' where the narrative is in itself sufficiently intelligible, although the whole chapter has been elaborately corrupted by Lipsius and oth- ers, who were determined to force it into accord- ance with the statements of Poly bins, which refer to the Roman army as it existed 200 years later. According to the plain sense of the passage in ques- tion, the legion, in the year B.C. 377, was drawn up in three lines, as described on page 103. The front line, or hastali, consisted of 15 manipuli, each ma- nipulus containing 62 soldiers, a centurion, and a vexillarius. The second line, or principes, consist- ed, in like manner, of 15 manipuli, this combined force of 30 manipuli being comprehended under the general appellation of antepilani. The third line, or triarii, was also drawn up in 15 divisions, but each of these was triple, containing 3 manipuli, 3 vexil- la, and 186 men. In these triple manipuli the vet- erans, or triarii proper, formed the front ranks ; Im- mediately behind them stood the rorarii, inferior in age and renown, while the accewsi, less trustworthy than either, were posted in the extreme rear. The battle array may be represented as in the woodcut in the following page. If the hastati and principes were successively re- pulsed, they retired through the openings left be- tween the maniples of the triarii, who then closed up their ranks so as to leave no space between their maniples, and presented a continuous front and solid column to the enemy : the heavy-armed veterans in the foremost ranks, with their long pila, now bore the brunt of the onset, while the rorarii and accensi behind gave weight and consistency to the mass, an arrangement bearing evidence to a lingering predilection for the principle of the pha- lanx, and representing, just as we might expect at that period, the Roman tactics in their transition state. The only change made in the common read- ing of Livy, according to the above explanation, ia the substitution suggested by Stroth, of " Ordo sex- 1. (Xen., Cyrop., viii., 8, 5 17.)— 2. (Synes.,, Epist., 58.:)— 3. (Virg., Georg., iv., 439.— JSn., ii., I4S.— Plaut., Asin., ii.,.2, 38 ^Capt., iii., 5, 1. — Most., v., 1, 17. — Non. Marcell., s. v. Mani- CK.)— 4. (Virg., Georg., i., 400.— Id. ib., iii., 297.)— 5. (Ovid, Past., iii., 117.— Compare Plut., Rom., 8.— Aurel. Vict., Orig. Gont. Rom., 22.— Dooat. in Ter., Eun., IV., vii., 61.— Isidor , xviii., 3J— 6. (Niebuhr, Hist, of Rome, i., 469 )— 7. (riii. 8.) 613 MANIPULUS. JUXSIO. [ZTJ 3 r 15 Muipnji of llustati. 15 Manipiii. of Principds Re raiii Accensi . . . tgenos milites et duos, centurionem et vexiUarium unum" for " Ordo sexagenos milites, duos centuri- ones," &(;., an emendation, the truth of which seems to be demonstrated by the context in the subse- quent paragraph, where the triple vexillum or ma- nipulus is said to have contained 186 men, i. e., 3x63- It must be observed that the words ordo, manipulus, vexillum, are throughout the chapter em- ployed as synonymous, and they continued to be used indifferently even in the time of Polybius,' Kat TO jj.ev fiipoQ inaarav kKoXeaav xal rdyfia Kal aiteipav koX aijiiaiav. The numbers of the legion thus described are stated by Livy at 5000 ; the cal- culation will stand as follows : Hastati 15 X 62= 930 Principes 15 X 62= 930 Triarii 15x186=2790 Centuriones et Vexillarii = 150 4800 The remaining 200 may have been skirmishers not included in the manipular battalions ; or we may suppose that Livy spoke in round numbers, in which case, instead of " Scribebantur autem quatuor fere legiones guinis millihus peditum," we should adopt the almost necessary correction, "Scribeban- tur autem quatuor legiones quinis fere millibus pedi- tum." 2. In the time of Polybius (B.C. 150) the legion contained 4200 men, except in cases of great emer- gency, when it was augmented to 5000." It was divided into 1200 hastati, 1200 principes, 600 tria- rii, the remaining 1200 being velites, who were dis- tributed equally among the three lines. When the legion exceeded 4200, the numbers of the hastati, principes, and velites were increased in proportion, the number of triarii always remaining the same (600). The hastati, principes, and triarii were sub- divided each into 10 manipidi or ordines, and in each manipulus there were two centuriones, two opliones, and two signiferi : hence, when the legion consisted of 4200, a manipulus of the hastati or olfthe principes would contain 120 men, including officers, and a manipulus of the triarii in all cases 60 men only. 3. At a subsequent period, probably during the wars of Marius, certainly before the time of Caesar, the practice of marshalling an army in three lines was changed, and the terms hastati, principes, and triarii fell into disuse. The legion, as explained under Army, p. 104, was now divided into 10 co- hortes, each cohors into three manipuli, and each manipulus into two centurice, the manipulus thus constituting j'^th part of the whole. It ought to be remarked, that tbe locus classicus on this subject (see p. 104) is a quotation by Aulus Gellius from " Cincius, De Re Militari." This Cincius is gener- ally supposed to be the same person as Cincius Aii- snentus the annalist ; but this is manifestly impos- sible, for Ahmentus served during the second Punic war, and Polybius, who flourished full fifty years later, gives no hint of any such arrangement of the Roman troops. 1. (Ti., 20.)— 2. (Polyb., vi., 20 ) 614 [ lis trijile >Manipu]i of iTirani. 4. We, may infer that manipulus maintaine{| iii last-mentianed signification under the first empei ors from Tacitus,' where Germanicus, when haran guing the mutinous legions " Adsistentem contionm quia permixta videbatur, discedere in manipiUoa julett . . . vexilla prceferri, ut id saltern discerneret cohortesi" but in .4rm., xiv., 58, the word is applied more loosely to a detachment of 60 men, who were de- spatched under the command of a centurion to Asia for the purpose of putting Plautus to death. 5. Vegetins' (A.D. 375) employs manipulus as an antiquated term, equivalent to contubemium, indi- cating a company of 10 soldiers who messed to- gether in the same tent. Isidorus' defines a manipulus to be a body of 200 soldiers, which will apply to the period when the legion contained 6000 men. See, on the vphole of this subject, Le Beau, Mimeire du Maniple et sa parlies in the Memoires de I' Academic des Inscrip. lions, &c., t. xxxii., p. 279. The views, however, of this writer are far from being uniformly correct. MA'NSIO (urafl^of), a post-station at the end of a day's journey. The great roads, which were constructed first bj the kings of Persia and afterward by the Romans, were provided, at intervals corresponding to tho length of a day's journey, with establishments oi the same kind with the khans or caravanseraa which are still found in the East. There were 111 such stations on the road from Sardes to Susa,* their average distance from one another being some- thing less tlian 20 English miles. The khan, erect- ed at the station for the accommodation of travel- lers, is called by Herodotus Kara^vaii and Kamyu- yn. To stop for the night was /fara^tJEiv.* As the ancient roads made by the kings of Persia are still followed to a considerable extent,' so also there is reason to believe that the modern khan, which is a square building enclosing a large open court, sur- rounded by balconies with a series of doors entering into plain, unfurnished apartments, and having a fountain in the centre of the court, has been copied by uninterrupted custom from the Persic rarS/liwif. and that, whether on occasion of the arrival of ar- mies or of caravans, they have also served to afford a shelter during the night both to man and beast. The Latin term mansio is derived from manert, signifying to pass the night at a place in travelling. On the great Roman roads the mansiones were at the same distance from one another as on those of the Persian empire. They were originally called castra, being probably mere places of encampment formed by making earthen intrenchments. In pr(^ cess of time they included not only barracks and magazines of provisions {Iwrrea) for the troops, but commodious buildings adapted for the reception of travellers of all ranks, and even of the emperor himself, if he should have occasion to visit them. At these stations the cisiarii kept gigs for hire and I. (Ann., i., 34.)— 2. (ii., 13.)— 3. (ix., 3.)— 4. (Horod., v., 52, 53 ; vi., 118.)— 5. (Xen., Anab., i., 8.— .«Uan, V. H., i., 32.)-* (Heeren, Ideen, i., 2, p. 193-203, 713-720.) MANTICHORA. MANUM/SSIO. for conveying government despatches. {Vid. Cisi- UM.) The miinsio was under the superintendenc6 of an officer called mansionarius. Besides the post-stations at the end of each day's journey, there were on the Roman military ways others at convenient intervals, which were used merely to change horses or to take refreshment, and which were called mutationes (uUaya'i). There rere four or five mutationes to one mansio. The Itinerarinm a, Burdigala Mierusalem usque, which is a road-hook drawn up about the time of Constan- tine, mentions in order the mansiones from Bor- deaux to Jerusalem, with the intervening mutationes, and other more considerable places, which are call- ed either civitates, vici, or castella. The number of leagues (leuga) or of miles between one place and another is also set down. MANTE'LE (xcipo/xaKTpov, xetpeK/iayeiov), a nap- kin. The circumstance that forks were not invent- ed in ancient times, gave occasion to the use of napkins at meals to wipe the fingers ;' also, when the meal was finished, and even before it commen- ced, an apparatus was carried round for washing the hands. A basin, called in Latin malluvium,' and in Greek x^pvti>, x^pvtSov, or ;i;e(p(ivOTT|Oov (vid. Chernips), was held under the hands to receive the water, which was poured upon them out of a ewer {urceolus). Thus Homer describes the practice, and, according to the account of a recent traveller, it continues unchanged in the countries to which his description referred.' The boy or slave who poured out the water also held the napkin or towel for vriping the hands dry. The word mappa, said to be of Carthaginian origin,* denoted a smaller Jrind of napkin, or a handkerchief, which the guests carried with them to table.' The mantele, as it was larger than the mappa, was sometimes used as a table-cloth.' (Vid. Ccena, p. 275.) An anecdote is preserved of Lucilius the satirist, stating that, after he had been dining with LkUus, he ran after him in sport with a twisted napkin or handkerchief, as if to strike him {ohtorta mappa'). The napkins thus used at table were commonly made of coarse unbleached linen (ujuo/lwy'). Some- times, however, they were of fine linen (hxTpijifiara ^a/iirpa aivSovv^^'). Sometimes they were wool- len, with a soft and even nap {tonsis mantelia vil- lis^"); Those made of Asbestos must have been rare. The Romans, in the time of the emperors, used linen napkins embroidered or interwoven with gold,'' and the traveller already quoted informs us that this luxury still continues in the East. Nap- kins were also worn by women as a headdress, in which case they were of fine materials and' gay colours." These were no doubt put on in a variety of elegant ways, resembling those which are in use among the females of Italy, Greece, and Asia Mi- nor at the present day. ♦MANTICHORA {/iavTix in effect, in some cases, a kind of execution. The judicati manus injectio was given by the Twelve Tables. The plaintiff {actor) laid hold of the defend- ant, using the formal words " Quod tu mihi judka- tus sive damnatus es sesterlium x milia qum dolo malo nan sohnsti ob earn rem ego tibi sestcrtium x milia judi- cati manus injicio." The defendant, who had been condemned in a certain sum, had thirty days allowed him to make payment in, and after that time he was liable to the manus injectio. The defendant was not permitted to make any resistance, and his only mode of defence was to find some responsible person (virir fci) who would undertake his defence (pro eo lege 1. (Plut.,Poplio., 7.— Liv.,ii., 46. — Diod. Sic, xi., 36.)— 2. (Lit , xU., 15.)— 3. (Do Or., i,9.)-=-4. (Liy., yii., Id.— Id., uvii., I0-.0ic. adAtt., ii., ia.>-5. (iT., !».) 4 I agere). If he found no vindex, the plaintiff or ci«d itor, for such the judgment really made him, might carry the defendant to his house, and keep him in confinement for sixty days, during which time his name and the amount of his debt were proclaimed at three successive nundinse. If no one paid the debt, the defendant might he put to death or sold.' According to the words of the Twelve Tables, the person must be brought before the prietor {in jus), which, of course, means that he must be seized first : if, when brought before the praetor, he did not pay the money {ni judicatum solvit) or find a vindesc, he might be carried off and put in chains, apparent- ly without the formality of an addictio. The lex Publilia, evidently following the analogy of the Twelve Tables, allowed the manus injectio in the case of money paid by a sponsor, if the sponsor was not repaid in six months. The lex Furia de Sponsu allowed it against him who had exacted from a sponsor more than his just proportion (virilis pars). These and other leges allowed the manus injectio pro judicato, because in these cases the claim of the plaintiff was equivalent to a claim of a res judicata. Other leges granted the manus injectio pura, that is, non pro judicato, as the lex Furia Testamentaria and the Marcia adversus feneratores. But in these cases the defendant might withdraw himself from the manus injectio (manum sibi depcUere), and de- fend his cause ; but it would appear that he could only relieve himself from this seizure by actually undertaking to defend himself by legal means. Ac- cordingly, if we follow the analogy of the old law, it was in these cases an execution if the defendant chose to let it be so ; if he did not, it was the same as serving him with process to appear before Ihe pr*tbr. A lex, the name of which is obliterated in Gaius, allowed the person seized to defend his own cause except in the case of a "judicatus," and "i» pro quo depcnsum est ;" and, consequently, in the two latter cases, even after the passing of this lex, a man was bound to find a vindex. This continued the practice so long as the legis actiones were in use ; " whence," says Gaius,' " in our time, a man * cum quo judicati depensive agitur^ is compelled ta give security 'judicatum solei.' " From this we may conclude that the' vindex in the old time was liable to pay, if he oould find no good defence to the plaintiff's claim ; for, as tlie vindex could " lege agere," though the defendant could not, we must assume that he might show, if he could, that the plaintiff had no ground of complaint ; as, for in- stance, that he had' been paid ; and that, if he had no good defence, he must pay the debt himself MAPPA. (Vid. Mantele.) *MAR'ATHRUM (fiupadpov), the Fennel, or .^ne- thum famiculumi Thus Ajiuleitis rertiarks, " Graeci Marathrim,l,atm[ Foeniculum vocant."' *MARGARrTA {uapyapiTric, /idpyapo;;, &c.), tho Pearl. "The fullest account of Pearls contained in any Greek author is to be found in ^Elian.* Thei Indian pearl-fish of which he speaks is, no doubt, the Amcula, Margaritifera. The shell which produces the finest pearls in Britain is the Mija Margaritifera, L., now called Alasmadon Margaritiferum." ' " The Pearl," observes Sir John Hill, " was in great es- teem among the ancients even as early as the time of Job. By the Romans it was allowed the second rank among jewels. Pearls are produced in many kinds of shell-fish, but the finest, and what are prop- erly the genuine Pearl, are bred in the Concha Mar' garitifera plerisgue, Berberi antiquis Indis dicta} Theophrastus seems to have been very well ac- quainted with the history of the Pearl, and doubt- ■ i; (Gell., ix., 1.) — 2. (iT., 25.) — 3. (Theophiasc, H. Y.,i, n. — Dioscor., iii;, St. — Adanis, Append., s. v )— 4. (N. A i?. 8.)— 5. (Li«t., Hist. Conch.) 617 MARRIAGE. MARRIAGE. tawi means this very shell by his bgtpc'iifi rivi. Aiidrosthsnes also confirms its being this very shell that the fine 0-':orti! peai-ls are found in : iv 6i iScov KaTluOaiv hciroi, lieptiepi, e'f oi jj /lapyapiTic Tilfi^C- TLe Fearl is no more than a morbid excres- cence from tbe animal in which it is found.'" "The commsrce of pearls appears to be of the highest antiquity. Hintory, in fact, apprizes us that, from time immemorial, the princes of the East hefe sought after this kind of ornament v^ith a sort of passion, and have employed it in all parts of their dress, and even in decorating instruments, furniture, &c. The Persians, according to Athenaeus, paid for pearls with their weight in gold. The pearl mussels, therefore, must be like our common mussels, which, in spite of the prodigious quantity that have been eaten for so many years, do not appear to suffer any sensible diminution."" "The art of forcing shell-fish to produce pearls was known in the first centuries of the Christian era to the inhabitants of the coasts of the Red Sea, as we are told by the philosopher ApoUonius, who thought that circum- stance worthy of particular notice. The Indians dived into the sea after they had rendered it calm, and perhaps clearer, by pouring oil upon it. They then enticed the fish, by means of some bait, to open their shells, and having pricked them with a sharp- pointed instrument, received the liquor that flowed from them in small holes made in an iron vessel, in which they hardened into real pearls." For farther remarks on this subject, as well as on the invention of Linneeus for producing pearls, consult tlie remarks of Beckmann,' from whom the above has been taken. MARIS or MARES (,/idpii or fiapi;;) (Hesych., udpiarov), a Greek measure of capacity, which, ac- cording to Pollux* and Aristotle,' contained 6 coty- lae, =2-973 pints. Polyaenus mentions a much larger measure of the same name, containing 10 congii, ^7 galls. 3471 pints.' •MARMOR {/idp/iapoc), Marble. " Strictly speak- ing," observes Adams, " the term Marble should be confined to those varieties of carbonate of lime which are susceptible of a polish ; but the term was applied by the ancients to all stones susceptible of a good polish." The most celebrated of the antique marbles were the Parian, Pentelican, Chian, and Theban, for an account of which consult the several heads. ' MARRIAGE (GREEK) (Tdpoc). The ancient Greek legislators considered the relation of mar- riage as a matter not merely of private, but also of public or general interest. This was particularly the case at Sparla, where the subordination of pri- vate interests and happiness to the real or supposed exigencies of the state was strongly exemplified in the regulations on this subject. For instance, by the laws of Lycurgus, criminal proceedings might "le taken against those who married too late (ypo^^ jiliiya/ilov) or unsuitably (ypaf^ Kanoya/iiov), as well tls against those who did not marry at all {ypa^ri iya/iiov'). These regulations were founded on the generally recognised principle that it was the duty of every citizen to raise up a strong and healthy progeny of legitimate children to the state. ' So en- tirely, in fact, did the Spartans consider the tckvo- noita, or the production of children, as the main object of marriage, and an object which the state was bound to promote, that whenever a woman had no children by her own husband, she was not only allowed, but even required by the laws to cohabit with another man." On the same principle, and for 1. (Hill ad Theophrast., De Lapid., c. 64.)— a. (Griffith's Cu- Tier, vol. xii., p. 389.) — 3. (Hist of Inventions, vol. ii., p. 2, &c.) 4. (Onom., i., 10.)— 5. (U. A., viii., 9.)-a. (Wurm, p. 134.)— 7. (Adams, Append., s. v. M(£p^apoj.)---8. (Pollux, Onom., viii., 40.— Plut., Lycurg., c. 15.)— 9. (Mffller, Dorians, iv., 4, 4 3.)— 10. (Xen., De Rep. Lac, i., 8.) 6tA the purpose of preventing the extinction of his. lam ily, the Spartan king Anaxandrides was allowed ti cohabit with two wives, for whom he , kept two separate establishments : a case of bigamy which, as Herodotus^ observes, was not at all consistent with Spartan, nor, indeed, with Hellenic customs. Thus the heroes of Homer appear never to have had more than one KovpiSit/ a^oxoc' though tiioj are frequently represented as living iii concubiiiaga with one or more woWa/coi. Solon also seems to have viewed marriage as a matter in which the state had a right to interfere, for we are told that his laws allowed of a ypaip^ iya/iiov, though the regulation seems to have grown obsolete in later times ; at any rate, there is no instance on lecoti of its application.^ Plato, too, may be quoted to prove how general was this feeling ; for, according to his laws,* any one who did not marry before he was thirty-five was punishable not only with irt/iia, but also with pecuniary penalties ; and he expressly states that, in choosing a wife, every one ought to consult the interests of the state, and not his own pleasure.' But, independent of any public considerations, there were also private or personal reasons (pecu- liar to the ancients) which made marriage an obliga- tion. Plato' mentions one of these, viz., the dutj incumbent upon every individual to provide for a continuance of representatives to succeed himself as ministers of the Divinity (ru Qiip vTijipsrai lailt avTov 7rapa6i66vai). Another was the desire fell by almost every one, not merely to perpetuate his own name, but also to prevent his " heritage being desolate, and his name being cut off" (dwuc p 4fe- pri/iuauat Toiig a^eripav airCiv oIkovc;), and to leave some one who might make the customary offerings at his grave [aXK' larat n( kcI 6 haytCiv^). We are told that, with this view, childless persons sometimes adopted children. The choice of a wife among the ancients was but rarely grounded upon affection, and scarcely ever could have been the result of previous acquaintance or familiarity. In many cases a father chose for his son a bride whom the latter had never seen, O! compelled him to marry for the sake of checking his extravagances. Terence' thus illustrates the practice ; " Pater prateriens modo Mihi apud forum, uxor libi ducenda est, PamphiU, hodie inquit : para." In Plautus' a son promises his father that he will marry in these words : " Ego ducam, pater : etiam si guam aliam jnbebta." Representations of this sort may indeed be con- sidered as exaggerations, but there must have been scenes in real life to which they in some measure correspond. Nor was the consent of a female to a match proposed for her generally thought necessary: she was obliged to submit to the wishes of her pa- rents, and receive from them, it might be, a stran- ger for her husband and lord. Sophocles thus describes the lot of women in this respect ; " When we are grown up (he makes a female say) we are driven away from our parents and paternal gods," Kal tovt', kTretSuv ev^povri (ei^g (ila, XpeiJv iTraiveiv, koI SoKetv naMf f;i;cw."' So also in Euripides," Hermione declares that it is her father's business to provide a husband for her. The result of marriages contracted in this manner would naturally be a want of confidence and tnutual understanding between husband and wife, until they 1. (vi., 39, 40.)— 2. (Buttmann, Leiil., 73.)— 3. (f\siw,J^» cess, cfcc, ii., p. 248.)— 4. (Leg., iv., p. 721.>— 5. (Leg., vi., 773 J —6. (L 0.)- 7. (Isieus, De ApoU. hired., p, 66, ed. Bekker.)--8 (Andria, i., 5.)— 9. (Trinum., v., 2, 59.)— If. (Irag. TertM>- 11 (Androm,, 951.) MARRIAGE. MARRIAGE. bdoame better .-.cquainted with, and accustomed to, each other. X unophon' illustrates this with much ndiveti in the pe i son of Ischomaohus, who says of his newly-married irife : " When at last she was man- ageable (xeipcnidrii), and getting tame, so that I could talk witi- her, I asked her," &c., &c. By the Athenian laws, a citizen was not allowed to marry with a foieign woman, nor conversely, under very severe penalties ;" but proximity by blood (uy- XicTeia), or conidnguinity (avyyh>ei.a), was not, with Bome few excepsions, a bar to marriage in any part of Greece ; dire<,t lineal descent was.' Thus broth- ers were permiwed to marry with sisters even, if not ifiojiriTpioi., or born from the same mother, as Cimon did with Elpinice, though a connexion of this sort appears to have been looked on with ab- horrence.* In the earlier periods of society, indeed, we can easily conceive that a spirit of caste or fam- ily pride, and other causes, such as the difficulties in the way of social intercourse, would tend to make marriages frequent among near relatives and connexions.' At Athens, however, in the case of a father dying intestate and without male children, his heiress had uo choice in marriage; she 'was compelled by law to marry her nearest kinsman not in the ascending hne ; and if the heiress were poor (i>^(To-o), the neareat unmarried kinsman either mar- ried her or portioned her suitably to her rank. When there were .several coheiresses, they were respectively married to their kinsmen, the nearest having the first choice. {Vid. Epiclerus.) The heiress, in fact, together with her inheritance, seems to have belonged to the kinsmen of the family, so that, in early timeu, a father could not give his daughter (if an heiress) in marriage without their consent.' But this was not the case according to the later Athenian law,' by which a father was empowered to dispose of his daughter by will or otherwise, just as widows also were disposed of in marriage by the will of their husbands, who were considered their rightful guardians {Kvpioi).' The same practice of marrying in the family (oZ/cof ), especially in the case of heiresses, prevailed at Sparta : thus Leonidas married the heiress of Cleomenes, as being her dyxi-aTeug or next of kin, and Anaxandrides his own sister's daughter. More- over, if a father had not determined himself con- cerning his daughter, it was decided by the king's court who among the privileged persons or mem- bers of the same family should marry the heiress.' A striking resemblance to the Athenian law re- specting heiresses is also found in the Jewish code, as detailed in Numbers,^' and exemplified in Ruth." But match-making among the ancients was not, in default of any legal regulations, entirely left to the care and forethought of parents, for we read of women who made a profession of it, and who were therefore called Trpo/iv^arpiai or Trpo/ivriaTpliec." The profession, however, does not seem to have been thought very honourable, nor to have been held in repute, as being too nearly connected with, or hkely to be prostituted to, Trpoayayeia." Particular days and seasons of the year were thought auspicious and favourable for marriage among the Greeks. Aristotle" speaks of the winter generally as being so considered, and at Athens the month Ta/ir/Xiuv, partly corresponding to our Janu- ary, received its name from marriages being fre- quently celebrated in it. Hesiod" recommends marrying on the fourth day of the month : 1. (CEcon., 7, 10.)— 2. (Demosth., c. Neaer., 1350.)— 3. (Isains, De Ciron. hmrcd., p. 72.)— 4. (Becker, Charikles, ii., 448.)— 5. (Compare Numbers, c. xxxvi.) — 6. (Miiller, Dorians, ii., 10, ^ 4.) —7. (Demosth., c. Steph., p. 1134.)— 8. (Demosth., c. Aphob., 814.)— 9. (Herod., vi., 57.— MUller, I. c.)— 10. (n. jxvii., 1-11.) —11. (0. iy.)— 12. (Pollux, Onnm., iii., 31.1—1.'. (Plato, TheiEt., 1, p. 150.)— 14 (Polit., vii., 15.)— 15. (Op. et D., 800.) 'Ev 6e TerdpTi) ipivoQ ayeaBai kg olxov aKOiTiv. but whether he means the fourth from the begin- ning or end of the month is doubtful. Euripides' speaks as if the time of the full moon were thought favourable, in which he is confirmed by the expression Sixo^V- viSef lairepai, or the full-moon nights in Pindar." That this prepossession, however, was not general and permanent, appears from Proclus," who informs us that the Athenians selected for marriages the times of new moon (ruf Trpog avvoSov ii/iepas), i. e^ when the sun and moon were in conjunction. There was also some difference of opinion, on which it is not worth while to dilate, about the proper age for marrying ; but, generally speaking, men were expected to marry between 30 and 35, and women about 20, or rather before.* We proceed now to explain the usual prelimina- ries and accompaniments of marriage in various parts of Greece. The most important preliminary ^t Athens was the iyyvriaig or betrothal, which was, in fact, indispensable to the complete validity of a marriage contract. It was made by the natural or legal guardian (i Kvpioc) of the bride elect, and at- tended by the relatives of both parties as witnesses The law of Athens ordained that all children born from a marriage legally contracted in this respect should be yv^aioi,' and consequently, if sons, lao- fioipoi, or entitled to inherit equally or in gavelkind. It would seem, therefore, that the issue of a mar- riage without espousals would lose their heritable rights, which depended on their being born i^uar^s KoX eyyvrjT^g yvvaiKo; : i. e., from a citizen and a legally betrothed wife. The wife's dowry was also settled at the espousals.' But there were also several ceremonies observed either on or immediately before the day ot marriage. The first of these were the TzpoTeTieia ya/iav ar vpo- yufieia,'' and consisted of sacrifices or offerings inade to the Qeol ya/iTJTuoi, or divinities who presided uver marriage. They are generally supposed to have been made on the day before the yufiog or marriage; but there is a passage in Euripides" which makes it probable that this was not always the case. The sacrificer was the father of the bride elect ; the divinities to whom the offering was made were, ac- cording to Pollux,' Hera, and Artemis, and the Fates, to whom the brides elect then dedicated the cmapxai of their hair. According to Diodorus Sicu- lus'° they were Zeus and Hera reXela (Juno pronu- ba) ; but they probably varied in different countries, and were sometimes the eeol eyxuptoi or local dei- ties. The offerings to Artemis were probably made with a view of propitiating her, as she wa.s supposed to be averse to marriage. (Vid. Braueonia, p. 172.) We may also observe that Pollux uses Trpoya/ieia as synonymous with TtporeXna, making yujioi; iden- tical vi^ith TiXoQ, as if marriage were the TtAof or perfection of man's being : whence riXstoe, connect- ed with or presiding over marriage or a married person, and Soiiog Tj/^iTi^ri^, a house without a hus- band, or incomplete." Another ceremony of almost general observance on the wedding-day was the bathing of both the bride and bridegroom in water fetched from some particular fountain, whence, as some think, the custom of placing the f'gure of a 'KovTpoijiopog, or " water-carrier," over the tombs of those who died unmarried. ( Yid. LonTHON, p. 599.) After these preliminaries, the bride was generally conducted from her father's to the house of the 1. (Iphig. in A-ll., 707.)— 2. (Isth., vii., 45.)— 3. (ad ITes., Op et D., 782.)— 4. (Plato, Lej., vi., p. 785.) — 5. (Demosth.. c, Steph., 1134.)— 6. (Meier and Schomann, p. 415.) — 7. (Pollux Onom., iii., 38.)— 8. (Iphig. in Aul., 642.)— 9. (Onom., iii . 381 • —10. (v., 73)— 11. (Horn., I!., ii., 701.) ' .' fil9 MARRIAGE. MARRIAGE. bridegroom at rightfall, in a chariot (if d/id^f) drawn by a pair of miiles or oxen, and furnished with a /cAif/f or kind of couch as a seat. On either side of her sat the bridegroom and one of his most intimate friends or relatives, who, from his office, was called ■Kapawji^o^ or wftipevr^^ ; but, as he rode in the carriage ifixviip) with the bride^ and bride- groom, he was sometimes called the trdfioxog (i ex rpirov 6 Tapoxoilievos vupoxog kKTalidri'-). Hence Aristophanes' speaks of the " blooming Love gui- ding the supple reins," when Zeus was wedded to Hera, as the Zrivo^ wdpoxos ydftav rij^ r' evdai/iovog 'Upas. The nuptial procession was probably accom- panied, according to circumstances, by a num- ber of persons, some of whom carried the nuptial torches {SfiStc vvfiiKai') ; and in some places, as in Boeotia, it was customary to bum the axle of the carriage on its- arrival at the bridegroom's house, as a symbol that the bride was to remain at home and not go abroad.* If the bridegroom had been married before, the bride was not conducted to his house by himself, but by one of his friends, who was therefore called w/K^ayajos-^ Both bride and bridegroom (the former veiled) were of course decked out in their best attire, with chaplets on their heads," and the doors of their houses were hung with festoons of ivy and bay.' As the bridal procession moved along, the hymenae- an song was sung to the accompaniment of Lydian flutes, even in olden times, as beautifully described by Homer' (vid. Chorus, p. 246), and the married pair received the greetings and congratulation of those who met them.' After entering the bride- groom's house, into which the bride was probably conducted by his mother, bearing a lighted torch,'" it was customary to shower sweetmeats upon them (Kara x^aiiaTo) as emblems of plenty and prosper- ity." After this came the yajiog or nuptial feast, the ■Boivij yafuKT], which was generally'" given in the flouse of the bridegroom or his parents ; and, be- oides being a festive meeting, served other and more important purposes. There was no public rite, whether civil or religious, connected with the celebration of marriage among the ancient Greeks, and therefore no public record of its solemnization. This deficiency, then, was supplied by the marriage feast, for the guests were of course competent to prove the fact of a mamage having taken place ; and Demosthenes'' says they were invited partly with such views. To this feast, contrary to the usual practice among the Greeks, women were in- vited as well as men ; but they seem to have sat at a separate table, with the bride still veiled among them.'* At the conclusion of this feast she was conducted by her husband into the bridal chamber ; and a law of Solon" required that they should eat a quince together, as if to indicate that their conver- sation ought to be sweet and agreeable. The song called the Epithalamium was then sung be- fore the doors of the bridal chamber, as represent- ed by Theocritus in his 18th Idyl, where, speaking of the marriage of Helen, he says : Twelve Spartan virgins, the Laconian bloom. Choired before fair Helen's bridal room ; To the same time with cadence true they beat The rapid round of many twinkling feet, 1 (IlarpoCT., s. T.)— 2. (Avei, 1735.)— 3. (Aristoph., Pai, 1318.) -4. .Plut., QusESt. Rom., p. HI.)— 5. (Hesych., s. v. — PoUujt, Onom., iii., 40.) — 6. (Becker, Chariklei, ii., 467.) — 7. (Plut., Amat,, 10, p. 37.) — 8. (II., iviii., 490.— Hes., Scut. Here, 273.) -9. (Aristoph., Pai, 1316.)— 10. (Eurip., Phceniss., 311.)— 11. (Schol. ad Aristoph., Plut., 768.) — 12. (Becker, Chankles, ii., 469.)- 13. (c. Onet., p. 869.)— 14. (Lucian, Conviv., 8.— Athc- luEUS. xiv., p. 644.)— 15. (Plutai'ch in Vit., c. 20.) S20 One measure tripp'd, one song ttgether sung, Their hymenean all the palace rung. i Ohapwam. On which passage the scholiast remarlrsithat epr thalamia are of two kinds ; some sung in tte even- ing, and called ttaraitoiiiriTLita, and others in tha morning {op&pta), and called diEyepTiicd. The day after the marriage, the first of thebride'i residence in her new abode, was called the kjraii,ia- on ■which their friends sent the customary presento to the newly-married couple: On another day,: the dTraiiTita. perhaps the second after marriage, the bridegroom left his house to lodge apart fi\3m his wife at his father's-in-law, audi the bride present- ed him with a garment called dKavXu^Tiipia, in connexion with which, Pollux' observes, that the gifts made to the bride after the marriage were called dTravAM. Some of the presents made to the bride by her husband and friends were called ava- KalvTrriipia, as being given on the occasion of the bride first appearing unveiled :' they were probably given on the HavXia, or day after the marriage. Another ceremony observed after marriage viras the sacrifice which the husband offered up on the occasion of his bride being registered among his own phratores {yaixrjXiav sc^. ■dvaiav rolg ^pdropaw, eiaf/vsyKev.' The statement above made of the solemnities connected with marriage cannot, of course, be con- sidered as applicable to all aged and circumstances, but rather as a representation of the customs gen- erally observed at Athens in later times. At Sparta the betrothal of the bride by her father or guardian {xvpios) was requisite as a preliminaiy of marriage, as well as at Athens.* Another cus- tom peculiar to the Spartans, and a relic of anciept times, was the seizure of the bride by her intended husband," but, of course, with the sanction of hei parents or guardians." She was not, however, im- mediately domiciled in her husband's house, but cohabited with him for some time clandestinely, till he brought her, and frequently her mother- also, to his home.' A similar custom appears to have prevailed in Crete, where, as we are told,' 'the young men, when dismissed from the iyeXij of theii fellows, were immediately married, but did not take their wives home till some time afterward. Miiller suggests that the children of this furtive kind o intercourse were called irapBivioi.. We subjoin some particulars concerning the re- lation betvveen man and wife among the ancient Greeks, prefacing them with a description of do- mestic married life from Lysias.' 'The speaker there says, '' I have a small two-story house, of equal dimensions on the basement and first floor, both in the male and female apartments {Karu. ripi yvvamaviTiv, K. t. X.). Now, after our little boy was born, his mother used to suckle it ; and that she might not meet with any accident in going down the ladder (r; KTiXfiai), whenever she watted to wash, I lived up stairs, and the women ixslow. And it was usual for my wife to leave me very fre- quently and sleep down stairs with the child, to give it the breast and keep it from crying. And one day, after dinner, the little fellow cried and fret- ted, and I told my wife to go and suckle it ; now at first she would not, but at last I got angi> with her, and ordered her to go: 'yes,' said she, 'that you may play with the servant-maid,'" &c. Now, though the wife, as appears by this talej usually took her meals with her husband, she did 1. (Onom,, iii., 39.)— 2. (Harpoor., s.v,) — 3. (Demostiu, a Eubiil., 1312, 1320.— IsKus, De Pyr. huered., p.45.)— 4.(MuUer, Doiians, ii., 4, « 2.)— 5. (VM. Herod., vi,, 65.)— 6. (PM.,I'T; ourg., 15.— Xen., De Rep. Lac, i., 5.)— 7. (Miiiler. DorianJ, 1. c I —8. (Strabo,x., p. 482.)— 9 (De Cjede Emtostli., p. 92.) MARRIAGE. not go out with him to dinner, nor sit at table with his guests when he had company.' The duties of a good housewife are summed up by Plato" under the heads of rafueia, ^epaveia, and :ra'.doTpo(pia: The first of these included the domes- tic arrangements of the house and superintendence of the furniture, provisions, cookery, and servants; in fact, everything that came under the name of housekeeping.^ But a trust of this kind was not reposed in a youiig T7ife till she had gained some experience ; for what, says Xenophon,* could a wife, married at fifteen, be likely to know, who had lived in complete seclusion, and had only been taught by her mother to conduct herself virtuously {aaippo- vEfv)'! The -SEpanda included the attendance upon the sick inmates of the house, whether free or slaves.* The vat$oTpo(^ia was the physical educa- tion of the children, on which Plutarch' observes that mothers ought themselves to nurture and suck- le their children, though frequently female citizens were hired eis wet nurses.' The Spartan nurses were so famous that they were engaged even in foreign states ; thus Alcibiades, we are told, was suckled by a Laconian nurse.^ It is scarcely ne- cessary to remark, that we have been speaking of a citizen in good circumstances, to which only our observations can apply. The consideration in which women were held by their husbands, and the respect paid to them in an- cient Greece, would naturally depend, in some de- gree, on their intellectual and moral character ; but, generally speaking, the Greeks entertained comparatively little regard for the female charac- ter. They considered women, in fact, as decided- ly inferior to men, qualified to discharge only the subordinate functions in life, and rather necessary as helpmates than agreeable as companions. To these notions female education for the most part corresponded, and, in fact, confirmed them ; it did not supply the elegant accomplishments and refine- ment of manners which permanently engage the affections when other attractions have passed away. Aristotle' states that the relation of man to wom- an is that of the governor to the subject ; and Pla- to," that a woman's virtues may be summed up in a few words, for she has only to manage the house well, keeping what there is in it, and obeying her husband. Nor is it unimportant to remark, that Athenians, in speaking of their wives and children, generally said rsava xai ywalicag, putting their wives last : a phrase which indicates pretty clearly what was the tone of feeling on this subject. Moreover, before marriage, Grecian women were kept in a state of confinement, which amounted to little short of a deprivation of liberty, so that they are even said to have been watched and guarded in strong apartments, hxvpoLGi ■jrapdevcjfjc t^povpovvTai KaTujg ■'' nor was it thought becoming in them to be seen in pubUc," except on some particular occasions, when they appeared as spectators of, or participa- tors in, religious processions ; of which, young men desirous of getting married would naturally avail theiuselves to determine the object of their choice. Even after marriage the restrictions imposed upon 3fouag women of. the middle and higher classes were of a very jealous and almost Oriental charac- ter. They occupied, as is well known, a separate part of the house, and in the absence of their hus- band it was thought highly improper for a man 3. (IsESUS, De Pyrr. hsered., 39. — Demosth,, c. Nejer., 1352.) — 1 (Leg., vii., p. 805.) ^3. (Becker, Charikles, ii., p. 476.) — 4. ((Econ., vii., 4.) — 5. (Xen., (Econ., vii., 37.) — 6. {De Educat. Puer., 5, p. 9.)— 7. (Demosth., c. Eubul., 1309.) - 8. (Plut., Lrsurg., 16.) -9. (De Rep., i., cap. 2.)— 10. (Menp, p. 71'.)— IJ. (Eurip., Iph. in Aul.)— 12. (Ecirip., Orest., 108.) MARRIAGE. even to enter where they were.' From various passages of the Attic comedians, it would also seem that married women were required to keep at home {oUrvpelv), and not allowed to go out ol doors without the , permission of their husbands. Thus, in a fragment of Menander,' we are told that married women are not allowed to pass the gate of the courtyard of the house, TT^pac yap av^to^ '&ipa 'E?,p>dipa. yvvaml vsvojiim' oliciag • and Aristophanes^ speaks of their husbands forbiu ding them to go out. Again, on occasions of great public alarm (e. g., when the news of the defeat at Chseroneia reached Athens), the women are spoken of, not as leaving their houses, but standing at their doors and inquiring after the fate of their husbands, a circumstance that is described as being discred itable to themselves and the city {iva^lav avrav Kal Tijf TTo/lfuf*). From a passage in Plutarch,' it appears that on this subject there was the same feeling at Thebes as well as at Athens; and the same writer' informs us that one of Solon's laws specified the conditions and occasions upon which women were to be allowed to leave their houses. In later times there were magistrates at Athens (the yvvaixovo/ioij, charged, as their name denotes, with the superintendence of the behaviour of women. (Vid. GyNAicoNOMOi.) But we must observe that the description given above of the social condition and estimation of women in Greece, does not apply to the heroic times as described by Homer, nor to the Dorian state of Sparta. With respect to the former, we have only space to remark, that the women of the Homeric times enjoyed much more freedom and consideration than those of later ages, and that the connexion between the sexes was then of a more generous and affectionate character than afterward. For another important distinction, see Dos, Greek.' Among the Dorians generally, and in Sparta es- pecially, the relation of the wife to the husband, and the regard paid to women, were for the most part the same as that represented by Homer to have prevailed universally among the ancient Greeks and as such, presented a strong contrast to the habits and principles of; the Ionic Athenians, with whom the ancient custom of Greece, in this re- spect, was in a great measure supplanted by, that of the East. At Sparta, for instance, the wife was hononred with the title of diaivoLva, or " mistress," an appellation not used unmeaningly or ironically, and which was common among the Thessalians and other nations of northern Greece.' Moreover, the public intercourse permitted by the Dorians between the sexes was (comparatively at least) of so free and unrestricted a character as to have given oc- casion for the well-known charges of licentiousness (weuif) against the Spartan women.' The influ- ence, too, which the Laoedsemonian women enjoyed was so great, that the Spartans were blamed for submitting to the yoke ,of their wives ; and even Aristotle" ithought it necessary to account for the circumstance by the supposition that Lycurgus had failed in his attempt to regulate the life and conduct of the Spartan women as he had wished. In short, there was a great contrast and difference between the treatment of women in the Dorian and Ionian states of Greece, which is well described by Midler" in the following words : " Among the lonians wom- en were merely considered in an inferioi and sen- sual light ; and though the .(Eolians allowed their 1. (DemcMtli., c. Euer^., 1157 and 1150.) — 2. (Meineke^ p. 87.)^3v. (Thesm., p. 790.) —4. (Lycurg., c. l.eocr., p. 53, Bck- ker.)— 5. (De Gen. Socr., 33)— 6. (Solon, 21.)— 7. (Becker, Chari- kles, ii., 415.) — 8. (MiiUev, Dorians, ii., 4, M )— 9. (Eurip An- drom:, 586.)— 10. (Pol, ii., 6.)— 11 (I. c.) 621 J^ARRIAGE. feelings a more exalted tone, as is proved by the amatory poetesses of Lesbos, the Dorians, as well at Sparta as in the south of Italy, were almost the only nation who considered the higher attributes of the female mind as capable of cultivation." In Sparta, too, the unmarried women lived more in public than the married. The former appeared with their faces uncovered, the latter veiled; and at Sparta, in Crete, and at Olympia, virgins were per- mitted to be spectators of the gymnastic contests, and married women only were excluded. The re- Terse of this was the case in Ionia.' The preceding investigation will have prepared the reader for the fact, that the strictest conjugal fidelity was required, under very severe penalties, from the wife {vid. Adultericm), while great laxity was allowed to the husband. The general practice is thus illustrated by Plautus :" " Nam si vir scortum duxit clam uxorem suam, Id si rescivit uxor, impune est viro. Uxor viro si clam domo egressa estforas, Viro fit causa, exigitur matrimonio." In cases of adultery by the wife, the Athenian law subjected the husband to uri/iia if he continued to cohabit with her ; so that she was ipso facto di- vorced.' But a separation might be effected in two different ways : by the wife leaving the husband, or the husband dismissing the wife. If the latter sup- posed her husband to have acted without sufficient justification in such a course, it was competent for her after dismissal, or, rather, for her guardians, to bring an action for dismissal ((Si/t^ uizoireiifsuc or ijroTzofnvfjs) : the corresponding action, if brought by the husband, was a diKij atroXeiTpcuQ. If, however, a wife were iU used in any way. by her husband, he was liable to an action called a 6ik^ Ko/ciioeuf,* so that the wife was not entirely unprotected by the laws : a conclusion justified by a fragment in Athe- nteus,' in which married women are spoken of as relying on its protection. But a separation, wheth- er it originated from the husband or wife, was con- sidered tci refiect discredit on the latter (6 yap diav- 7m( eariv alaxivqv Ix'^'"')' independent of the diffi- culties and inconveniences to which she was sub- jected by it. At Sparta, barrenness on the part of a wife seems to have been a ground for dismissal by the husband ;' and from a passage in Chrysostom,' it has been inferred that women were in the habit of imposing supposititious children with a view of keeping {naraaxeiv) their husbands : not but that the word admits of, if, indeed, it does not (from the tense) require, a different interpretation. This article has been mainly composed from Becker's Ckarikles.' The duties of an Athenian wife are stated somewhat in detail by Xenophon.'" MARRIAGE (ROMAN), MATRIMO'NIUM, NU'PTL'E. A legal Roman marriage was called justa; nuptise, justum matrimonium, as being con- formable , to jus (czi«7e) or to law. A legal marriage was either cum conventione uxoris in manum viri, or it was without this conventio. But both forms of marriage' agreed in this : there must be connubi- um between the parties, and consent : the male must also be pubes, and the woman viri potens. The legal consequences as to the power of the fa- ther over his children were the same in both. A Roman marriage may be viewed, first, with rsference to the conditions required for a justum matrimonium ; secondly, with reference to the forms of the rtiarriage ; thirdly, with reference to its legal consequences. 1. (Mfillor, Dorians, ii., 2, 1) 2.)— 2. (Mereat., iv., 6, 2.)— 3. rDemoath., o. I>feiEr., p. 1374.)— 4. (p. 179.)— 5. (xiii., p. 559.)— 9. (Frag. ap. Stoh., p. 67, Gaisford.)— 7. (Herod., yi., 61.)— 8. fOrat , IV., p. 44', B.)— 9. (ii., p. 4J«.)— 10. (CEooi id init.) fio.2 MARRIAGE. Unlefss there was connubium, there could be nt Roman marriage. Connubium is defined by IJlpian to be "uxoris jure ducenda facultas," or the faculty by which a man may make a woman his lawful wife. But, in truth, this is no definition at all, noi does it give any information. Connubium is mere- ly a term which comprehends all the conditions of a legal marriage. Accordingly, the term is ex- plained by particular instances : " Roman men citi- zens," says Ulpian, "have connubium with Roman women citizens (Romana cives) ; but with Latinte and Peregrinse, only in those cases where it has been permitted. With slaves there is no connu- bium." Sometimes connubium, that is, the faculty of contracting a Roman marriage, is viewed with ref- erence to one of its most important consequences, namely, the patria potestas : "for," says Gaius, " since it is the effect of connubium that the chil- dren follow the condition of their father, it results that, when connubium exists, the children are not only Roman citizens, but are also in the power of their father." Generally, it may be stated that there was only connubium between Roman citi- zens : the cases in which it at any time existed be- tween parties, not both Roman citizens, were ex ceptions to the general rule. Originally, or, at . least, at one period of the Republic, there was no connubium between the patricians and the plebei- ans; but this was altered by the lex Canuleia, which allowed connubium between persons of those two classes. There was no connubium between many persons with respect to one another, who had severally connubium with respect to other persons. Thus there were various degrees of consanguinity within which there was no connubium. There was n« connubium between parent and child, whether the relation was natural or by adoption ; and a mas could not marry an adopted daughter or grand- daughter, even after he had emancipated her. There was no connubium between brothers and sisters, whether of the whole or of the half blood ; but a man might marry a sister by adoption after her emancipation, or after his own emancipation. It became legal to marry a brother's daughter after Claudius had set the example by marrying Agiippi- na ; but the rule was not carried farther than the example, and in the time of Gaius it remained un- lawful for a man to marry his sister's daughter.' There was no connubium, also, between persons within certain relations of affinity, as between a man and his socrus, nurus, privigna, and noveroa. Any illegal union of a male and female, though affecting to be, was not a marriage : the man had no legal wife, and the children had no legal father; consequently, they were not in the power of their reputed father. These restrictions as to marriage were not founded on any enactments : they were a part of that large mass of Roman law which belongs to jus moribus constitutum. The marriage of Domitius, afterward the Emper- or Nero, with Octavia, the daughter of Claudius, seems at first sight somewhat irregular. Nero was adopted by Claudius by a lex Curiata,' but he was already his son-in-law ; at least, the sponsaila are mentioned before the adoption.* There seems to be no rule of law which would prevent a man from adopting his son-in-law; though, if the adoption took place before the marriage, it would be illegal, as stated by Gaius. Persons who had certain bodily imperfections, as eunuchs, and others who, from any cause, could 1. (Flag., v., 3.)— 4. (Gaius, i., 62.— Tacii., Ann., rii;, 5;- Sueton., Claud., W.)-3. (Tacit., Ann • lii , 2« )-4. (Taw. Ann., xii., 9.) MARRlAGTi;. MARRIAGE. neTer attain to puberty, could not uontract mar- riage ; for, though pubertas was in course of time fixed at a positive age (vid. Impbees), yet, as the foundation of the notion of pubertas was physical capacity for sexual intercourse, there could be no pubertas if there was a physical incapacity. The essence of marriage was consent, and the consent, says Ulpian, " both of those who come to- j{«tni!r, and of those in whose power they are j" and "marriage is not effected by sexual union, but by consent." Those, then, who were not sui juris, had not, strictly speaking, connubium, or the "uxo- ris jure ducenda facultas ,■" though, in another sense, they had connubium, by virtue of the consent of those in whose power they were, if there was no other impediment. According to the bid law, there is no doubt that a father could give his child in mar- riage, unless the child was emancipated, without asking the child's consent. The lex Julia et Papia Poppsea placed certain re- strictions on marriage as to the parties between whom it could take place. {Vid. Julia et Papia PopPjEa ; Infamia.) A man could only have one lawful wife at a time ; and, consequently, if he were married, and divorced his wife, a- second marriage would be no marriage unless the divorce were effectual. The marriage cum conventione differed from that sine conventione, in the relationship which it effect- ed between the husband and the wife ; the marriage cum conventione was a necessary condition to make a woman a materfamilias. By the marriage cum conventione, the wife passed into the familia of her husband, and was to him in the relation of a daugh- ter, or, as it was expressed, " in maniim convenit."^ In the marriage sine conventione, the wife's rela- tion to her own familia remained as before, and she was merely uxor. "Uxor," says Cicero,' "is a genus of which there are two species ; one is ma- terfamilias, ' guce in manum convcnit;' the other is uxor only." Accordingly, a materfamilias is a wife who is in manu, and in the familia of her husband, and, consequently, one of his sui heredes, or in the manus of him in whose power her husband is. A wife not in manu was not a member of her hus- band's familia, and, therefore, the term could not apply to her. Gellius' also states that this was the old meaning of materfamilias. Matrona was, prop- erly, a wife not in manu, and equivalent to Cicero's "tanlummodo uxor;" and she was called matrona before she had any children. But these words are not always used in these their original and proper meanings.* It does not appear that any forms were requisite in the marriage sine conventione ; and, apparently, the evidence of such marriage was cohabitation matrimonii causa. The matrimonii causa might be proved by various kinds of evidence. In the case of a marriage cum conventione, there were three forms, usus, farreum, and coemptio. Marriage was effected by usus if a woman lived with a man for a whole year as his wife ; and this was by analogy to usucapion of movables generally, in which usus for one year gave ownership. The law of the Twelve Tables provided that, if a woman did not wish to come into the manus of her husband in this manner, she should absent herself from him annually for three nights (Jrinoctium), and so break the usus of the year. The Twelve Tables probably did not introduce the usus in the case of a woman cohabiting with a man matrimonii causa, any more than they probably did in the case of other things ; but, as in the case of other things, they fixed the time within which the usus should have its full ef- I. (Cic, Top., 3 '-2. (Top., 3.)— 3. {iviii., 6.)— 4. (rW.Ulp., Prag., iv.) feet, so they established a positive rule as to what time should be a sufficient interruption of usus in the case of matrimonial cohabitation, and such a positive rule was obviously necessary in order ta determine what should be a sufficient bgal inter- ruption of usus. Farreum was a form of marriage, in which cer- tain words were used in the presence of ten wit- nesses, and were accompanied by a certain religioas ceremony, in which panis farreus was employed ; and hence this form of marriage was also called confar- reatio. This form of marriage must have fallen generally into disuse in the time of Gains, who re- marks' that this legal form of marriage (hoc jus) was in use even in his time for the marriages of the flamines majores and some others. This passage of Gains is defective in the MS., but its general sense may be collected from comparing it with Ta- citus' and Servius.' It appears that certain priest- ly offices, such as that of flamen dialis, could only be held by those who were born of parents who had been married by this ceremony (confarrcati parcn- tes). Even in the time of Tiberius, the ceremony of confarreatio was only observed by a few. As to divorce between persons married by confarreatio see DivoRTiuM. Coemptio was effected by mancipatio, and, con- sequently, the wife was in mancipio.* A woman who was cohabiting with a man as uxor, might come into his manus by this ceremony, in which case the coemptio was said to be matrimonii causa, and she who was formerly uxor became apud mari- tum filise loco. The other coemptio, which was called fiducise causa, and which was between a woman and a man not her husband, is considered under Testamentom and Thtela. If, however, an uxor made a coemptio with her husband, not matri monii causa, but fiducise causa, the consequence was that she was in manu, and thereby acquired the rights of a daughter. It is stated by a modern wri- ter, that the reason why a woman did not come in mancipium by tlie coemptio, but only in manum, is this, that she was not mancipated, but mancipated herself, under the authority of her father if she was in his power, and that of her tutors if she was not in the power of her father ; the absurdity of which is obvious, if we have regard to the form of manci- patio as described by Gains,' who also speaks* of mancipatio as being the form by which a parent re- leased his daughter from the patria potestas (e suo jure), which he did when he gave his daughter in manum viri. The mancipatio must in all cases have been considered as legally effected by the father or the tutors. Sponsalia were not an unusual preliminary of mar- riage, but they were not necessary. "Sponsalia," according to Florentinns,' " sunt mentio et repromis- sio nuptiarum futurarum." Gellius has preserved' an extract from the work of Servius Sulpicius Rufus de Dotibus, which, from the authority of that great jurist, may be considered as unexceptionable.' Sponsalia, according to Servius, was a contract by stipulationes and sponsiones, the former on the part of the future husband, the latter on the part of him who gave the woman in marriage. The woman who was promised in marriage was accordingly called sponsa, which is equivalent to promissa ; the man who engaged to marry was called sponsug. The sponsalia, then, were an agreement to marry, made in such form as to give each party a right of action in case of non-performance, and the offend- ing party was condemned in such damages as to the judex seemed just. This was the law {jus) of 1. (i., 112.)-2. (Aim., iv., 16.)- 8. (ad .ffin.; iT., 104, 374.)— 4. (Gaius, i., 118.)— 5. (i.,119.)— 6. (i., 118.) — 7. (Dig. 23, tit, 1, 5. 1.)— 8. (iv., 4.)— 9. (Compare Vano, Do lung. Lat.,ipi.,7a; 623 MARRIAGE. MARRIAGE. sponsalia, adds Servius, to the time when the lex Julia gave the civitas to all Latium ; whence we may conclude that alterations were afterward made in it. The sponsalia were, of course, not binding, if the parties consented to waive the contract ; and either party could dissolve the contract,- as either could dissolve a marriage, subject, however, to the right of action which the non-consenting party might have. If a person was in the relation of double sponsalia at the same time, he was liable to infamia. i^Vid. Ineamia.) Sometimes a present was made by the future husband to the future wife by way of earnsst (arrha, arrha sponsaliiia)i or, as it was call- ed, propter nuptias donatio.' Sponsalia might be contracted by those who were not under seven years of age. (Fid. Infans, Impubes.) The consequences of marriage were : 1. The power of the father over the children of the marriage, which was a completely new relation ; an effect, indeed, of marriage, but one which had no influence over the relation of the husband and wife. (_Vid. Pateia Potestas.) 2. The liabilities of either of the parties to the punishments affixed to the violation of the marriage union. (Fid. Adulterium, Divohtium.) 3. The relation of husband and wife with respect to property, to which head belong the matters of dos, donatio inter virum et uxorem, donatio propter nuptias, &c. Many of these matters, however, are not necessary consequences of marriage, but the consequence of certain acts which are rendered pos- sible by marriage. In the later Roman history we often read of mar- riage contracts which have reference to dos, and generally to the relation of husband and wife view- ed with reference to property. A title of the Digest"; treats De Pactis DotalibUs, which might be made either before or after marriage. The Roman notion of marriage was that of a com- plete personal unity of the husband and wife (con- tortium omnis vita), as shown by a continuous co- babitation, the evidence of continuing consent ; for the dissent of either party, when formally ex- pressed, could dissolve the relation. {Yid. Divob- TiuM.) Neither in the old Roman law nor in its la-, ter modifications was a community of property an essential part of the notion of marriage, unless we assume that originally all marriages were accom- panied with the conventio in manum, for in that case, as already observed, the wife became filiasfa- milias loco, and passed into the familia of her hus- band ; or if her husband was in the power of his fa^ ther, she became to her husband's father in the re- lation of a granddaughter. The legal deduction from this is, that her legal personality was merged in that of her husband, all her property passed to him by a universal succession,' and she could not thencefor: ward acquire property for herself Thus she was entirely removed from her former family as to her legal status, and became as the sister to her hus- band's children. In other words, when a woman came in manum, there was a blending of the matri- monial and the filialrelation. It was a good mar- riage without the relation expressed by in manu, which was a relation of parent and child superadded to that of husband and wife. It is a legitimate con- sequence that she.cpuld not divorce her .hnsbandi though her husband might divorce her ; aiid if we assume that the inarriage cum cpnventipne was ori- ginally the only form of inarriage (.of which, howev- ' er, we believe there is no proof), the statement of Plutarch (,vid. DivoRTinji), tjiat .the husband alone had originally the power of effecting a divorce, will consist with tjiis sjtrjct legal, deductipn. It is pos- 1. (Cod. v., tit. 3.)— 2. (S3, tit. 4.>— 3. (GaiUB, ii,, 96, 98.) 624 sible, however, that, even if the marriage cum con. vntione was once the only form, there might havn been legal means by which a wife in. manu could effect a dissolution of the marriage, just as a person in mancipii causa had still certain personal rights against his legal owner. But conjecture is beyond our province, which is confined to matters of whicli there is evidence. When there was no ccmventio, the woman re. mained a member of her own familia : she was lo her husband in the same relation as any other R». man citizen, differing only in this, that hersex ena- bled her to become the mother of children who were the husband's children and citizens of the state, and that she owed fidelity to him so long as the matri- monial cohabitation continued by mutual consent. But her legal status continued as it was before : if she was not in the power of her father, she had for all purposes a legal personal existence independent- ly of her husband, and, consequently, her property was distinct from his. It must have been with re- spect to such marriages as these that a great part, at least, of the rules of law relating to dos were es^ tablished ; and to such marriages all the rules of law relating to marriage contracts must have refer- red, at least so long as the menriage cum convent!- one existed and retained its strict character. When marriage was dissolved, the parties to it might marry again ; but opinion considered it more decent for a woman not to marry again. A woman was required by usage (mos) to wait a year before she contracted a second marriage, on the pain of in- famia. (Yid. Infamia.) The above is only an outline of the law of mar- riage, but it is sufficient to enable a student, to car- ry his investigations farther. It remains to describe the customs and rites which were observed by the Romans at marriages {ritus nuptiales or nuptiarum solemnia justa, m vo/u- ^ofieva Tuv yii/iuv). After the parties had agreed to marry, and the persons in whose potestas they were had consented, a meeting of friends was sometimes \eld at the house of the maiden for the purpose of settling the marriage contract, which was called sponsalia, and written on tal)lets {tabula legitima), and signed by both parties.' The woman, after she had promised to become the wife of a man, was call- ed sponsa, pacta, dicta, or sperata.' From Juvenal' it appears that, at least during the imperial period, the man put a. ring on the finger of his betrothed as a pledge of his fidelity. This ring was probably, like all rings at this time, worn on the left hand, aiid on the finger nearest to the smallest.* The last point to be fixed was the day on which the marriage was to take place. Towards the' close of the Re- public it had become customary to betroth young girls when they were yet children ; Augustus there- fore limited the time during which a man was al- lowed to continue betrpthed to a girl,' and'forbade men to be betrothed to girls before the latter had completed their tenth year, so that, the age of pu- bertas being twelve years, a girl might not be com- pelled to be betrothed longer than two years.' The Romans believed that certain days were un- fortunate for the performance of the marriage riteg, either on account of the religious character of those days themselves, or on account of the days by vhich they were followed, as the wonian had to perform certain religious rifes on the day after her wedding, which could not take place on a dies ater. Days not suitable for entering upon matrimony were the Calends,. Nojies, and Ides of every month, all dies 1. (Jut., Sat., ii., U9, &c.— Id. ib., vi., 25, 200.-Gellm«, ;».; 4.)— 2. (Gellius, h c— Plaut., Trinum., ii., 4, 99,rrNomU9, iv.. p. 213.) — 3. (Sat., -vi., 27.) — 4. (Macrob., Sat.; vii., 13.) — » ,'Suet , Octav., 34.)— 6. (Dion Cass.,liT., p. 609, Steph > MARRIAGE. MARRUBIUM «tri, the whole months of May," and February, and a great number of festivals.'' Widows, on the other hand, might marry on days which were inauspicious for maidens.' On the wedding-day, which in the early times was never fixed iipon without consulting the auspi- ces,* the bride was dressed in a long white robe with a purple fringe, or adorned with ribands;^ This dress was called tunica recta,' and was bound round the waist with a girdle {coronaicingulum, or zona'), which the husband had to untie in the evening. "The bridal veil, called fiammeum, was of a bright yellow colour," and her shoes likewise.' Her hair was divided on tins occasion With the point of a spear.'" The only form of marriage which was celebrated with solemn rehgitms rites was that by confarrea^ tio ; the other forms, being mere civil acts, were probably solemnized without any religious ceremony. In the case of a mari-iage by confarreatio, a sheep was sacrificed, and its skiti was spread over two chairs, upon which the bride and bridegroom sat down with their heads covered." Hereupon the marriage was completed by pronouncing a solemn formula or prayei", after which another sacrifice was »ffered. A cake was made of far and the mola sal- ta prepared by the vestal Virgins," and carried be- fore the bride when she was conducted to the resi- dence of herhnsband. It is uncertain Whether this cake is the same as that which is called mustaceum," and which was in the evening distributed among the guests assembled at the house of the young husband. The bride was conducted to the house of herhns- band in the evening. She was taken with apparent violence from the arms of her mother, or of the per- son who had to give her away. On her way she was accompanied by three boys dressed in the prae- texta, and whose fathers and mothers were still alive (patrimi et matrimi). One of them carried be- fore her a torch of white thorn (spina), or, accord- ing to others, of pine wood ; the two others walked «y her side, supporting her by the arm.'* The bride rtOrself carried a distaff and a spindle with wool." A boy, called camillus, carried in a covered vase (camera, cumerum, or camillum) the so-called uten- sils of the bride and playthings for children (cre^ntTi- dia'-^). Besides these persons who officiated on the occasion, the procession w^as attended by a numer- ous train of friends both of the bride and the bride- groom, whose attendance was called ojieium and adoffiaium venire." Plutarch" speaks of five wax candles which were used at marriages ; if these were borne in the procession, it must have been to light the company which followed the bride ; but it may also be that they were lighted during the mar- riage ceremony in the house of the bride. When the procession arrived at the house of the bridegroom, the door of which was adorned with garlands and flowers, the bride was carried across the threshold by pronubi, i. e.; men who had only been married to one woman, that she might not knock against it with her foot, which would have been an evil omen." Before she entered the hoiusei 1. (Ovid, Fast., v., 490.— Hut., Quacst. Som., p. 284.)— 2. ;Maorob., Sat., i., 15.— Ovid, Fast., ii., 557.)— 3. (Macrob., Sat., 1. c— Plut., Qua!St. Rom., p. 289.)— 4. (Cio., De Div., i., 16.— Val, Ma.t., ii., 1, 1.)— 5. (Jar., ii., 124.)— 6. (Plin., H. N., viii., 48.) — 7. (Festus, s. V. Cingulo.)— 8. ,(Plin., H. N., Mi., 8.— Schol. ad Jav., ii., 225.)— 9. (CatulL, Ixii., 10.) — 10. (Ovid, Past.;ii.,-fl60. — Aroob. adv. Gent., ii., p. 91 . — Hut., Quojat-. Koil(.vTi.!W5.) — 11. (Serv. ad .ffin.,- iv., 374.) — 12. (Sorv. aU Virg;, Edug;., viii.,82.)— 13. (Juv., Sat., vi., 201.)— 14. (Fest., a. V. Patrimi et matrimi. — Varro, ap. Chanaium, i;, p. 117.^— Plin., H. N., UTi., 18.) — 15. (Plin., H. N.,viii., 48. — Pint., QaKst, Rom., p. 271.) — 16. (Festus, s, v. Cumeram. — Plaut., Ciatel., lii., 1, 5.)— 17. (Suet., Calig., 25— Id., Claud., 26.)— 18. «J»ai««.]loni;,iBit.)— 19. (Plut, Quart. Roni.,p.271, c— Plant., Cu., ir,, 4, 1.) 4K she wound wool around the docr-posts ol her (ie» residence, and anointed them with lard (adeps auU- lus) or wolf's fat (adeps lupinua^). The husband received' her with fire and water, which the woman had to touch. This was either a symbolic purifica- tion (for Servius" says that the newly-married couple washed their feet in this water), or it was a sym- bolic expression of welcome, as the interdicere aqua et igniv!3iS the formula for banishment. The brido saluted her husband with the words ubi tu Caius, ego Caia.' After she had entered the house witli distaff and spindle, she was placed upon a sheep- skin, and here the keys of the house were delivered into her hands.' A repast (cana nuptialis), given by the husband to the whole train of relatives and friends who accompanied the bride, generally con- cluded the solemnity of the day.' Many ancient writers mention a very popular song, Talasius or Talassio, which was sung at weddings," but wheth- er it was sung during the repast or during the pro- cession is not quite clear, though we may infer, from the story respecting the origin of the song, that it was sung while the procession was advancing to- wards the house of the husband. It may easily be imagined that a solemnity like that of marriage did not take place among the mer- ry and humorous Italians without a variety of jest^ and railleries, and Ovid' mentions obscene songs which were sung before' the door of the bridal apart- ment by girls after the company had left. Those songs were probably the old Fescennina (vid. Fes cENNiN-i), and are frequently called JEpithalama. At the end of the repast the bride was conducted!, by matrons who had not had more than one hus- band (pronub(t), to the leotus genialis in the atrium, which was on this occasion magnificently adorned and strewed with flowers. On the following day the husband sometimes gave another entertainment to his friends, which was c.iUeO. repotia,' and Ihe woman, who on this day undertook the management of the house of her husband, had to perform certain religious rites,' on which account, as was observed above, it was necessary to select a day for the mar- riage which was not followed by a dies ater. These rites probably consisted of sacrifices to the Dii Pe- nates." The rites and ceremonies which have been men- tioned above are not described by any ancient wri- ter in the order in which they took place, and the order adopted above rests in some measure merely upon conjecture. Nor is it, on the other hand, clear which of the rites belonged to each of the three forms of marriage. Thus' much only is certain, that the most solemn ceremonies, and those of a religious nature, belonged to confarreatio. The position of a Roman woman after marriage was very different from that of a Qreek woman. The Roman presided over the whole household ; she eduuated her children, watched over and pre- served- the honour of the house, and, as the mater familias, she shared the honours and respect shown to her husband. Far from being confined, like the Greek women, to a distinct apartment, the Roman matron, at leaSt during the better centuries of the Republic, occupied the most important part of ths house, the atrium." *MARRU'BIUM, Horehound. The white Hore- hbUndis the Marrubium mlgdre, or the M. album of the shops.' The modern Greeks term it oKVoTioxop- 1. (Serv. ad Xn.. iv., 19.— Plin., H. N., xxviii., 9.)— 2. (ad jEn., iv., 104.)— 3. (Plut., Quiest. Rom., 1. c.)— 4. (Festus, s. t. Clavis.)— 5. (Plant., Cure, v., 2, 61.— Suet., Calig., 25.)— 8 (Plut;., Qu«st< Rom., 1. c. — Liv., i'., 9. — Dionys. Hal., Ant. Uom , ii., 31.— Festus, s. v. Talassionem.) — 7. (Fast., iii., 675.)— 6. (Festus, s. v.— Horat., Sat., n., 2, 60.)— 9. (Macvob., Sat.,i.,lJ.) —10. (Cic, De Repub., v., S.)— 11. (Compare Lipaiai, EjIk*^ i., 17. — fiOttigee;' AUobrandin. Hochzei't, p. 124, &c.} fiSB MARTYRIA. MARTVRU. TOW. Siblhorp found it in tlie Greek islands. The npaaiov of Theophrastus and Dioscorides is not only Jhe same as this, but is also applied to other species. The npuatov avx/iuSes of Theophrastus is the M. Africamim. The fevdol^iKTa/tvov (false dc/cTa/ivov) is the M. pseudo dictamms, called in Attica, at the present day, jiaBpoftdpyo, and in Laconia, aoirpom- ' MARSU'PIUM (iiapaimov, pa?MVTwv), a Purse.» The purse used by the ancients was commonly a small leathern bag, and was often closed by be- ing drawn together at the mouth (ovairaaTa PaTiavTia'). Mercury is commonly represented holding one in his hand, of which the an- nexed woodcut from an intaglio in the Stosch collection at Berlin presents an example. MARTIA'LIS FL.\MEN. (Vid. Flamen.) MARTI A'LES LUUI. (Fid. Lnni Martiales.) MARTYRIA (/iapnpia) signifies strictly the dep- osition of a witness in a court of justice, though the word is applied metaphorically to all kinds, of testi- mony. We shall here explain, 1, what persons were competent to be witnesses at Athens; 2, what was the nature of their obligation ; 3, in what man- ner their evidence was given ; 4, what was the pun- ishment for giving false evidence. None but freemen could be witnesses. The in- capacity of women may be inferred from the gener- al policy of the Athenian law, and the absence of any example in the orators where a woman's evi- dence is produced. The same observation applies to minors. Slaves were not allowed to give evidence, unless upon examination by torture (pdaavoi). There ap- pears to have been one exception to this rule, viz., that a slave might be a witness against a freeman in case of a charge of murder,* though Platner* thinks this only applied to the giving information. The party who wished to obtain the evidence of a slave belonging to his opponent challenged him to give up the slave to be examined (e^rei tov doC- Kov). The challenge was called irpoKXtjmg. The owner, if he gave him up, was said USoivai, or tto- padovvai. But he was not obliged so to do, and the general practice was to refuse to give up slaves, which, perhaps, arose from humanity, though the opponent always ascribed it to a fear lest the truth should be elicited. The orators affected to consid- er the evidence of slaves, wrung from them by tor- ture, more valuable and trustworthy than that of freemen ; but it must be observed, they always use this argument when the slave had not been exam- ined.' Citizens who had been disfranchised (-lin/xajiivoi.) could not appear as witnesses (any more than as jurors or plaintiffs) in a court of justice; for they had lost all honourable rights and privileges.' But there was no objection to alien freemen.' We learn from Harpocration,' that in actions against freedmen for neglect of duty to their patrons ((iiroffraffiow 6i- Kai), foreigners were not allowed to put in an affida- vit that the action was not maintainable (iiri uaa- yoyiaov clvai). But this can hardly be considered 1. (Dioscor., III., 119.— Plin., H. N., xi., 22.— Theophrast., n. P., vi., 1, 2.— Billerbeck, Flora Classioa, p. 153, 154.)— 2. (Non. Marcellus, s. v. — Varro, De Re Rust., iii., 17. — Plaut., Men., II., i., 29.— W. ib., II., iii., 33, 35.-1(1. ib., V., Wi., 47.-- Id., Poen., III., v., 37.— Id,, Rud., V., ii., 26.~Xea., ConviT., iy., S.)— 3. (Plat., ConviT., p. 404, ed. Bekker.) — 4. (Antiph., De Morte Her., 728.)— 5. (Att. Proc, p. 215.)— 6. (Demosth., c. Aphob., 848.— Id., c. Onet., 874.— Hudtwalcket, Ueber die Di»- 'eten, p 44, *c.)— 7. (Demosth., o. NeBr., 1353.— Wachsnuith, II., i., p. 244.)— 8. (I)emosth., c. Lacr., 927, 989.- .Siichiii., De Vols Leg., 49, ed. Steph.)— 9. fs. t, ^laiiaanpla.) 626 an exception, for euch affidavits gave an undue aa vantage to the party for whom they w ere made. Neither of the parties to a cause was competent to give evidence for himself, though each was com. pelled to answer the questions put by the other. The law declared toZv uvtiSIkoiv inuvayKe^ that imoKpivaBdai uXKifKoii ro ipuTU/isvov, iiaprvpelv ii /iV-^ That the friends of the party who pleaded foi him (called avv^yopoi) were not incompetent to givr evidence, appears from the fragment of Issus, Pro Euphil., and also from .^Eschines, who, on his trial for misconduct in the embassy, calls Phocion to asi sist him both as a witness and an advocate.' The obligation to attend as a witness, both in civil and criminal proceedings, and to give sucii evidence as he is able to give, arises out of the duty which every man owes to the state ; and there is no reason to believe that any persons (except the parties themselves) were exempted from this obli- gation. The passages which Platner' and Scho- mann* cite in support of the contrary view prove nothing more than that the near relations of a party were reluctant to give evidence against him, where- as the fact that they were bound by law to give evidence may be inferred from Demosthenes.' The party who desired the evidence of a witnesi summoned him to attend for that purpose. Tha summons was called npoaKltiai^.' If the witness promised to attend, and failed to do so, he was lia- ble to an action called Sixri lunoiiaprvpiov. Wheth- er he promised or not, he was bound to attend ;. and if his absence caused injury to the party, he was liable to an action {d'lKri ^Xdiiji). This is the prob- able distinction between these forms of action, as to which there has been much doubt.' The attendance of the witness was first reqniied at the uvaxpiaic, where he was to make his deposi- tion before the superintending magistrate {hyefUM SiKaoTTipiov). The party in whose favour he ap- peared generally wrote the deposition at home upon a whitened board or tablet {\e\evicifiiJihov ypajifmr- etov), which he brought with him to the magistrate's office, and, when the witness had deposed thereto, put into the box (ix^vog) in which all the documents in the cause were deposited. If the deposition was not prepared beforehand, as must always have been the case when the party was not exactly aware what evidence would be given, or when anything took place before the magistrate which could not be foreseen, as, for instance, a challenge, or question and answer by the parties ; in such a case it was usual to write down the evidence upon a waxen tablet. The difference between these methods was much the same as between writing with a pen on paper, and with a pencil on a slate ; the latter could easily be rubbed out and written over again if ne- cessary.' If the witi*ess did not attend, his evi- dence was, nevertheless, put into the box ; that is, such evidence as the party intended him to give, or thought he might give, at the trial. For all testi monial evidence was required to be in writing, in order that there might be no mistake about the terms, and the witness might leave no subterfuge for himself when convicted of falsehood.' The avaKptm; might last several days, and, so long as it lasted, fresh evidence might be brought, but none could be brought after the last day, when the box was sealed by the magistrate, and kept so by him till the day of trial." 1. (Demosth., c. Steph., 1131.)— 2. (De Fals. Leg., p. 51, i* ed. Steph.)— 3. (Att. Proc., p. 217.)— 4. (Att. Proc, p. 671.)— 5. (0. Aphob., 849, 850, 855.)— 6. (Demosth., c. Timoth,, 1194.) 7. (Meier and SchSmann, Att. Proc, p. 387 -- Platner, Att Proc., p. 221.)— 8. (Demosth., c. Steph., 1132.)-. .9. (Demosth., o. Steph,, 1115, 1130.)— 10. (Demosth., c. Aphob., 830.— Id., c Bteot. de Nom., 999. — Id., c. Euerg. et IVInw , 1143.— Id., ' Conon., 1265.) MARTYRIA. MARITRIA. The form of a deposition vras simple. The fol- lowing example is from Demosthenes :' Archenom- ides, son of Archedamas of Anagyrus, testifies that articles of agreement were deposited with him by Androcles of Sphettus, Nausicrates of Carystus, Artemon and Apollodorus, both of Phaselus, and that the agreement is still in his hands." Here we must observe that, whenever a document was put in evidence at the trial, as an agreement, a will, the evidence of a slave, a challenge, or an answer given b7 either party at the avuKpimc, it was certified by a witness, whose deposition was at the same time produced and read.' The witness, whether he had attended before the magistrate or not, was obliged to be present at the trial, in order to confirm his testimony. The only exception was when he was ill or out of the coun- try, in which case a commission might be sent to examine him. 'Vid. Ekmaetyeia.) All evidence was produced by the party during his own speech, the K^e-ijivSpa being stopped for that purpose.' The witness was called by an officer of the court, and mounted on the raised platform {^fjiia) of the speak- er while his deposition was read over to him by the clerk ; he then signified his assent, either by ex- press words, or bowing his head in silence.* In the editions that we have of the orators, we see sometimes Maprvpia written (when evidence is pro- duced) and sometimes THaprvpe^. The student must not be deceived by this, and suppose that sometimes the deposition only was read, sometimes the wit- nesses themselves were pr^ent. The old editors merely followed the language of the orators, who said, " call the witnesses," or " mount up, witness- es," or " the clerk shall read you the evidence," or something to the same efiect, varying the expres- sion according to their fancy.' If the witness was hostile, he was required either to depose to the statement read over to him, or to take an oath that he knew nothing about it (jtapTV- oeiv rj t^o/ivvctv). One of the other he was com- pelled to do, or, if he refused, he was sentenced to pay a fine of a thousand drachma to the state, which sentence was immediately proclaimed by the officer of the court, who was commanded kT^^tcvsiv or iK- K\rjTeveiv avTov, i. e., to give him notice that he was in contempt and had incurred the fine.' An oath was usually taken by the witness at the dvdicpiaic, v/hSTe he was sworn by the opposite party at an altar (irpoc tov ^a/ibv i^upmaBri). If he had not attended at the avuKpiaic, he might be sworn afterward in court, as was always the case when a witness took the oath of denial (i^u/ioae). In the passage just cited from Lycurgus, the ex- pression 7ui6dvTac TO iepa means nothing more than touching the altar or its appurtenances, and has no reference to victims.' Whether the witness was always bound to take an oath is a doubtful point.' The oath of the witness (the ordinary vo/it/ios opKO() must not be confounded with the oath taken by one of the parties, or by some friend or other person, out of court, with a view to decide the cause or some particular point in dispute. This 1. (c. Laor., 927.)— 2. (Demosth., Pro Phorm., 946, 949, 957. -M.. c. PhiEnipp., 1046.— Id , c. Steph., 1120.)— 3. (Iskus, De Ptti ' isred., 39, ed. Steph.— Demosth., c. Eubul., 1305.)— 4. (Ly»., De Eratos. Mort., 94, ed. Steph.— jEsch., De Fals. Leg., 49, ed. Steph.— Demosth., c. Meid., 560.— Id., o. Phorm., 913.— Id., 0. Steph., 1109.— Id., o. Eubol., 1305.)— 5. [Vid. Lys., Pro Mantith., 147, ed. Steph. — Is^us, De Pyrr. hier., 45, ed. Steph.— Demosth., o. Callipp., 1336.— Id., c. Ne!Er.»135a.)— 6. (Demosth., i. Aphob., ;'>0.— Id., c. NeiEr., 1373.— Id., c. Theocr., 1324.— ^Bch., c. Tima«;>.. 10, ed. Steph. — Isxus, De Astyp. hsred., 76, ed. Ste,;*<. — Id., c, Leocr., 150, ed. Steph. — Meier and Schti- mann, Att. Proo., p. 672. — Plainer, Att. Proc., p. 219.) — 7. (Valckenaer, Opuso. Philol., vol. i., p. 37-39.)— 8. {Yid. De- mosth., c. Coron., 1265.— K., o. Steph., 1119.— Id., c. Eubnl., 1305.— JEsch., De Fals. Lfg., 49, ed. Steph.— SchSmann, Att. "^00.. p. 675.) was taken by the consent of the adversary, upon a challenge given and accepted ; it was an oath of a more solemn kind, sworn by (or upon the beads of) the children of the party swearing {Kara tuv iral 6uv), or by perfect or full-grown victims (/cofl' hpOv Tekclov), and often with curses upon himself or hia family (kot' k^aktlac;)., and sometimes was accom- panied with peculiar rites, such as passing through fire (dia tov Trvpog). The mother, or other female relative of the party (who could not be a witness) was at liberty to take this oath.' On some extraordinary occasions we find that freemen were put to the torture by a special decree of the people or the senate, as on the occasion of the mutilated Hermes busts," and they were less scrupulous about aliens than about citizens ; but (as a general rule) it is certain that freemen could not be tortured in courts of justice, and even an eman cipated slave, Demosthenes says, it would be an act of impiety {oid' Saiov) to give up for siieh a pur- pose.' ' With respect to hearsay evidence, see E maety eia; and with respect to the affidavit called dia/tap- Tvpia, see Heres, Geeek, p. 496. We have hitherto spoken only of causes which came before the dicasts in the ordinary way, and have said nothing of those which were decided by the public arbitrators. The above remarks, how- ever, will equally apply to the latter, if the reader will bear in mind that the arbitrator performed the duties of the magistrate at the avaKpiai; as well as those of the Smaarai at the trial. He heard the witnesses and received the depositions from day to day, as long as he sat, and kept the txivoi open until the last day ((cup/ov ^/iepai;).' If the witness in a cause gave false evidence, the injured party was at liberty to bring an action against him (A'/o; tpevdo/iaprvpiSiv) to recover com- pensation. The proceeding was sometimes called inlaKTjipif, and the plaintiff was said l-naKi'inreGdai Tj /laprvpif or tu /iuprvpi.' This cause was prob- ably tried before the same presiding magistrate as the one in which the evidence was given.' The form of the plaintiff's bill, and of the defendant's plea in denial, will be found in Demosthenes.' From the same passage we also learn that the ac- tion for false testimony was a Tifijjrdc iyuv, in which the plaintiiT laid his own damages in the bill ; and from Demosthenes' it appears that the dicasts had power not only to give damages to the plaintiff, but also to inflict the penalty of urifiia by a TrpoaTl/iri- (Tif.^ A witness who had been a third time con- victed of giving false testimony was ipso jure dis- franchised." The main question to be tried in the cause against the witness was, whether his evi- dence was true or false ; but another question com- monly raised was, whether his evidence was mate- rial to the decision of the previous cause.'' When a witness, by giving false evidence against a man upon a criminal trial, had procured his con- viction, and the convict was sentenced to such a punishment (for instance, death or banishment) as rendered it impossible lor him to bring an action, any other person was allowed to institute a public 1, (Demosth., c. Aphob., 852. — Id., c. Bmot., De Dote, 1011. —Id., c. Timoth., 1203.- Id., c. Callip., 1240.— Id.,c. Conon.. 1269. — Id., c. Nerer., 1365.— Wachsmuth, II., i., 335. — Hudl- waloker, 52-57.)— 2. (Thirlwall, Hist, of Greece, c. 25, p. 39.1.) —3. (Demosth., c. Aphob., 856.— Id., o. Timoth., 1200.— Meier, Att. Proc., p. 684.)— 4. (Vid. Demosth., c. Meid., 541.— Id., c Timoth., 1190.— Meier and SchSmann, Att. Proc., p. 676.) — 5 (Is!eus, De Pyrrh. haored., 39.— Id., De Dicsog. hiered., 52, ed. Steph. — Demosth., c. Aphob., 846, 866 — ^Harpocrat., s. v. 'Eir£(r- n^ifaro.)— 6. (Meier, Att. Proc, p. 45.)— 7. (o. Steph., 1115.)- 8. (0. Aphob., 849, 859.)- 9. (Vid. also Isseus, De Dicxog. ha red., 52.)— 10. (Meier, Att. Proc, p. 383.)— 11. (Demosth., a Energ. et Mies , 1139, 1161.— Id., c Aphob., 853-856.-14, Steph., 1II7.- Platner, Att. Proc, i., 400, *c.) 627 MASTICHE. MEDICIISA. proseoution against the witness, eith^ by a ypo??, or perhaps hv an eiaayye^a or TrpoSo^^.' After the conviction of the witness, an action might be maintained against the party who suborn- ed him to give false evidence, called SUti hokotcx- vidv.' And it is not improbable that a similar ac- tion might be brought against a person who had procured false evidence to be given of a defendant having been s'zmmoned, after the conviction of the witness in a jpo^s ^euJo^/ljjTe/af.' It appears that, in certain cases, a man who had lost a cause was enabled to obtain a reversal of the judgment {iUif, caidSufpg) by convicting a certain number of the adverse, witnesses of false testimony. Thus, in inheritance causes, the law enacted iav d/l^ Tif Tuv TJievdoitapTvptuv, ,nd^iv if dpx^c elvat irepl av- Tuv Tag ^ij^eig.* This was the more necessary, on account of the facility eifibrded to the parties to stop the progress of these causes by Eiflfidavits {vid. Dia- maetybia), and also because no money could com- pensate an Athenian for the loss of an inheritance. The same remedy was, given by the law to those who had been convicted in a SUri ijiaidoiiapTvpiCiv. or in a ypaipTi ^sviag. In the last case^ the convict- ed person who proceeded against the, witness was compelled to remain in prison until the determina- tion of his suit.' We are informed that these are the only cases in which a judgment was allowed to be reversed in this way ; but whether there were not more cases than these has been justly doubted by Schomann." The scholiast on Plato' is evidently wrong in supposing that it was necessary, under the Athenian law, tp convict more than half the number of the witnesses. , This appears from the passage above cited from Isaeus on the estate of Hagnias. We conclude by noticing a few expressions. Maprvpeiv Tivi is to testify in favoiar of a man, xa- ra/iapTvpetv rivog to testify against. Maprvpeadai to call to witness (a word used poetipally), icafiap- Tioeadai, and sometimes hirifiapTipeadai, tov( iKapov- Tof, to call upon those who are present to take no- tice of what passes, with a view to give evidence.' irevdo/iaprupetv and kitiopnElv are never used indif- ferently, which affords some proof that testimony was not necessarily on oath. The /idpruc (witness in the cause) is to be distinguished from the k^t^p or KlrjTup, who merely gave evidence of the sum- mons to appear. MASTE'RES {fiaar^pec). {Vid. Zetetai.) *MAST'ICHE (/laanxv), Gum Mastich. " This IS correctly described as the resin of the Lentiscus by Dioscorides and Plftiy. It is the Pistachio, Len- tiscus. The Chian Mastich is particularly com- mended by Galen.'" The wood of the Pistachia Lentiscus, according to Sibthorp, is much esteemed by the Greeks at the present day for fuel. They call the tree axlvog. The mastich or gum is only collected in Scio. The ashes of the wood are used hy the Athenian soap-boilers for making the ley for the manufacture of soap. In Zante it is also con- sidered as furnishing the best lixivium. The tan- ners employ it with valanida in the preparation of leather. In Ithaca an oil (o^tvoXddi) is expressed from the berry. The axivot; of the modern Greeks is also the axtvoQ of Theophrastus. The ancient verb axtvil^ojtai signifies " to chew mastich"' or "the wood of the mastich-tree," in order to sweeten the breath and cleanse the teeth. The gum is now 1. (Aadoc., De Myst., 4.— Plainer, Alt. Pidc,, 411 Meier, Att. Proc., 388) — 2. (Demosth., o. Tiraoth,, 1201. — Id., c. Euerg. et Mnes , 1J39.)— 3. (Meier,,Att. Proc., 7S*.)— 4. (Israw, Do Hag[ii. hxred.j 88, ed. Steph.— Id., De DicBi^. haired., 50, 61.)— 5. (Demosth., c. Timoor., 741.)— «. (Att. Proc.. ?61.)^7. (Leg., li., 14.)— 8, (Demosth., c. Eueig. et Mnes., 1150 )— 9, (Dioacor., i., 90.— Plin., H, N., ixiv., 28.-~Adiiits, Arvond., «. T.) 62a much used by the women of Turkey for the saiai purpose.^ MASTI'GIA. {Vid. Flaorum.) MATERFAMI'LIAS. (Fid. Makria«e, Vima p. 633.) MATRA'LIA, a festival celebrated at Rome ev ery year oil the 1 Ith of June, in honour of the god-' dess Mater Matuta, whose temple stood in the Fo. rum Boarium. It was celebrated only by Roman matrons, and the sacrifices offered to the goddess consisted of cakes baked in pots of earthenware.' Slaves were not allowed to take part in the solem- nities or to enter the temple of the goddess. One slave, however, was admitted by, the matrons, but only to be exposed to a humihating treatment, fo. one of the matrons gave her a blow on the cheek, and then sent her away from the temple. The ma- trons on this occasion took with them the children of their sisters, but not their own, held them in tlieir arms, and prayed for their welfare.' The statue of the goddess was then crowned with a garland by one of the matrons who had not yet lost a hus- band.* The Greek writers and then: Roman follow- ers, who identify the Mater Matuta with Leucothea or Ino, explain the ceremonies of the Matralia by- means of the mythological stories which relate toi this Greek goddess. But the real import of the worship of the Mater Matuta appears to have been to inculcate upon mothers the principle that they ought to take care of the children of their sisters as much as of their own, and that they should not leave them to careless slaves, the contempt for whom was symbolically expressed by the infliction of a blow onthe cheek of the one admitted into tlie temple." MATRIMO'WIUM. {Vid. MAEErAOE, Roman.) MATRO'NA. ( Vid. Makbiage, Roman, p. 623,) MAUSOLE'UM. (Fid. Fonus, p. 461.) MAZO'NOMUS (pafovo/iof, dim. /la^ovo/uov'), from /id^a, a loaf or a cake ; properly a dish for di^ tributing bread ; but the term is applied also to any large dish used for bringing meat to table.' [Vii. CcENA, p. 274.) These dishes were made either of wood,' of bronze,' or of gold." MEDIASTI'NI, the name given to slaves used for any common purpose, and are said by the scho- liast upon Horace" to be those " qui in medio stmi ad quavis imperata parati." The name is chiefly given to certain slaves belonging to the familiarus- tica," but is also applied sometimes to slaves in tiie city." *MED'ICA {MjiiiK^), a plant, the Lucerne oi Purple Medick (Medicago sativa). It has its name from Media, according to the ancient authorities, because it was brought , from that country into Greece at the time of the Persian war under Dari- us. It passed into England from France and Swit- zerland. Some of the English botanists, according to Martyn, called it Burgundy trefoil and Meiick f odder. '^'^ ♦MEDICA MALA {Undim. n^^a), the fruit of the Citron-tree, or Citrus Medica, L. Sprengel and Stackhouse think that the Orange (Citrus auran tium) was also comprehended under tlie term. ( Vii. ClTRHS.)" MEDICI'NA {'larpLKfi), the name of that science which, as CeJsus says," " Sanitalem tegrispromittit," 1. (Dodwell's Tour, vol. 1., p. 239.)— 2. (Varro, Da Ling. L»t., iv., p. 31, Bip.— Ovid, Fast., vi., 475, . MENSA. MENSA. 'MJEIJ'NE (aeXi'ii;/), the Panieum milliaceum, or MUlet.- *MELIS, the Badger; or Ursus meles. Galen has been supposed to allude to it, as being an animal uera^i »rtif apKTOv Kal av6(.' ' •MELISSA {jisTiiaaa or -tto), the Bee. (Vid. Apis.) •MELISSOPHYLLON QieTtiaaSilivnm), a plant, 80 called because the iees. are fond of its leaves, as Oioscorides informs us. It has stalks and leaves, according to the same authority,, like black hore- hoand, only they are bigger and- narrower, not. so 'ough, and smelling like citron. This description, Hartyh thinks, agrees very well with the iKeHs«a or Baum, a common herb in English gardens. Varro informs us that the Latin name for this plant was apiastrum; Columella, however, speaks^ of optasft-am and melissophyllon (or meliphyllum) as of two differ- ent herbs." *MELOLONTHE (jiriWoloveri), a speciPs of Bee- tle, most probably the Scarabaus melolonthe, or Cock- chafer.* *MELO'PEPON {/in^anenov). The great diffi- culty in determining what the melopepones were, arises from the circumstance of the ancient authors who treated of the summer fruits frequently inter- changing the terms by which they were designated. " Even Ludovicus Nonnius," observes Adams, " who has bestowed so much pains in illustrating the Res Cibaria of the ancients, admits himself much at a loss in deciding what the melopepones were, but, upon the whole, inclines to think that they were a pecu- liar kind of melons. Schneider, in like manner, supposes the iirj?\,oire7Tuv to be referable to the Cu- cumis melo, L. At all events, it is certain that the utii-on-ivrav of the Greeks is the ' melo' of Palla- lius. The term melopepo is now applied to the Squash, a fruit used for food both in the East and in Vmerica. May not this have been the/iriTi.oKi'Kuv of \e Greeks V^ ♦MEMAI'CYLON {iiefiaiKv?.ov), the fruit of the V.'ild Strawberry-tree. ( Vid. AKBCTue.)" < MEMBRA'NA. (Vid. Liber.) »MENANTHUS {jiivavdoi). The Bog Bean, an aquatic plant. '■ This," observes Adams, " is clear- ly the T(ii^vX7i.oc of the Geoponica. From the union of th86.s tvvo terms the Bog-bean derives its scien- tific nams, Menyanthes trefoliata. Some authorities erroneoaslji take it for the laonvpov of Dioscorides, It may be supposed that it is the firivvavBeg of Ni- cander, but S^'iengel contends that the latter is the Psoralea bitumKOM, L., on what authority, however, I cannot discover."' MENELA'EIA (fteveXdeta), a festival celebrated atTherapnae, in Laconia, in honour of Menelaus and Helena, who were believed to be buriedi there." Menelaus was to the Lacedjemonians what Nestor was to the Messenians, a model of a wise and just king, and hence they raised him £a the rank of one of the great gods,' and honoured him and Helena with annual and solemn sacrifices at Therapna., which continued to be offered in the days of Isoera tes." These solemnities are sometimes called 'E,1e^ MENSA iTpuTxeCa), a Table. The nimplest kind Bif table was one with three legs, round, called cilli- ta,^ and in Greek rpiKovc." ft is shown in the dtinking-scene painted on the wall of a wine-shop at Pompeii.' (See woodcut > The term rpdwef*, thougn commonly used in GieeTi for a table of anT 1. (Thoophrast., C. P., ii., 12.)— 2. (Adams, Append., s. v.)— >. (Tll*i)phrast., H. P., vi., 1. — Dioscor., iii., 108. — Nioand., Tier., SS4.— PHn., H. N., xxi., 20 — Martyn ad Virg., Georg., It , 64.- -Adams, Append., s. v.)— 4. (Aristot., II. A., v., 4.— Ad- •ms. Append, s. v.)— 5. (P. JEgin., 1., 80.— Banhin, Pinar, 619. —Adams, Atppend, a. v.) — 6. (Theophvast., H. P., iii., 15.)— 7. (Theophrast, H. P., iv., U.-Geopon., ii., 4. — Nicand., Ther., 620,528. — Sj>rengel ad Dioscor., iii., 13. — Adams, Apper.d., s. . ».)— 8. (Pai'8., iii., 19, ♦ 9.) ^9. (Isuor., Panath., p. 24". B,)^ ia.(Helea Encora., f SIS, D.)— 11. {Vid. Crenxtr S'lobol, Vii., p. 38 ) kind, must have denoted one which indicated a higher degree of luxury and refinement, since it meant, according to its etymology, a four-legged ta- ble. (See woodcut, p. 188.) Horace used at Rome a dining- table of white marble, thus combining neat- ness with economy.* For the houses of the opu- lent, tables were made of the most valuable and beautiful kinds of wood, especially of maple {aiev- Sa/ivivij,' acerna'), or of the citrus of Africa, which was a species of cypress or juniper (Citrea'). Foi this purpose the Romans made use of the roots and tubers of the tree, which, when cut, displayed the greatest variety of spots, beautiful waves, and curl- ing veins. The finest specimens of tables so adorn- ed were sold for many thousand pounds." Besides the beauty of the boards {im0?i/iaTa), the legs of these tables were often very tasteful, being 'carved in imitation of lion's or tiger's feet, and made of ivory.' One of the principal improvements was the inven- tion of the monopodium, a round table supported bj a single foot ; this, with other elegant kinds yf fui'- niture,' was introduced into Rome from Asif !i»nnoi by On. Manlius.'" Under the Roman empero i sem- icircular tables were introduced, called mensm tuna- tee, from comparing them to the half-moon, and sig- mala, because they had the form of that letter, Q." This lunate table was surrounded by a sofa of the same form, called slihadium, which was adapted to hold seven or eight persons." As the table was not very large, it was usual to place the dishes and the various kinds of meat upon it, and then to bring it, thus furnished, to the place where the guests were reclining.'" On many occa- sions, indeed, each guest either had a .small table to himself, or the company was divided into parties of two or three, with a separate table for each party, as is distinctly represented in the woodcut at page 326. Xenophon describes a great entertainment given by Seuthes, king of the Thracians, at which the guests formed a large circle, a small three-leg- ged table being placed before each person.'* Al- though it is, certain that dishes were in many cases brought to be laid before the guests upon the table, yet the common practice of bringing to them the Doard, already supplied, gave origin to such phrases dS mensam appo7iere or cipponerc,^^ and mensam au- ji:Tre or removere." As the board of the table is 1. {Festus, s. V. — Varro, De Ling. Lat., v., 25, p. 123, ed. Speiigel.— Hor., Sat., 1., iii., 13. — Ovid, Met., viii., 662.) —2. (Xen., Anab., vii., 3, « 10. — Athen.. iv., 21, 35; »., 23.) — 3. (Cell's Pompeiana, 1832, vol. ii., r>. II.) —4. (Sat., 1., vi,, 116.) —5. (Athen., ii., 32.)— 6. (Hor., Sat., II., viii., 10.— MaTt.,xiv., 90.)— 7. (Cic, Verr., II., iv„ 17. — Mart., ii.,,43.— Id., xiv., 89. — Plin., H. N., xiii., 29.) — 8. (Plin., H, N., xiii., 29.— Id. jb,, .xvi., 26, 84. — Tertull., De Pallio, sub fin.^Aikin, an Ornament- al Woods, p. 23, ii.)—9. (Athen., I. c— Mart., ii., 43, 49.)-^ia. (Plin., H. N., xxxiT., 8.) — II. (Lamprid., Hel., 25, 29.) — 18. (Malt., x.,48. T^ld., xiv., 87.) — 13. (Athen., ii., 55 —Id., it, 28.)— 14. (Anab., vii., 3, I) 21.)— 15. (Plaut., Asin., V., i., S.— ,Most„ I., iii., 150.— Cio., Att., xiv., 21.— Ovid, Met., viii., STft —16. (Plaut., Amphit., II., ii , 173 -Vitg., jEn., i., 216.) 633 MENSIS. MENSIS. called by a distinct name, kmBti/ia,^ it appears that it was very frequently made separate from the tri- pod or other stand (Ki/l/i,i'6nf) on which it was fixed. Among the Greelis the tables were not covered with cloths at meals, but were cleansed by the use of wet sponges" or of fragrant herbs.^ Under the influence of the ideas of hospitality, which have prevailed universally in the primitive Btales of society, the table was considered sacred.* Small statues of the gods were placed upon it.° On this account Hercules was worshipped under the title TpffiTT^fiof and ^Trirpan-Efiof. The Cretans ate in public ; and in the upper part of their avipcZov, or public dining-room, there was a constant table set apart for strangers, and another sacred to Jupi- ter, called T/DBTTffa ^cvia, or Ai'of ^tviov.^ The two principal courses of a ddirvov and ccena, tt a Greek and Roman dinner, were called respect- ively nparij rpuTrefa, devTEpa rpdirc^a, and mensa prima, mensa secunda. {Vid. CmttA, Deipnon.) A stone tablet, supported by four other stones, was sometimes used, as it is in modern times, to cover a grave.' (Fid. Fdnus, p. 457.) MENSA'RII, MENSULA'RII, or NUMULA'RII, were a kind of public bankers at Rome who were appointed by the state ; they were distinct from the argentarii, who were common bankers, and did bu- siness on their own account.' The mensarii had their banks (mensa), like ordinary bankers, in the Forum, and in the name of the serarium they offer- ed ready money to debtors who could give security to the state for it. Such an expediency was devi- sed by the state only in times of great distress. The first time that mensarii {qninquemri mensarii) were appointed was in 352 B.C. , at the time when the plebeians were so deeply involved in debt that they wore obliged to borrow money from new creditors in order to pay the old ones, and thus ruined them- selves completely.' (Compare Interest of Mon- Bv, and Argentarii.) On this occasion they were also authorized to ordain that cattle or land should be received as payment at a fair valuation. Such bankers were appointed at Rome at various times, and whenever debts weighed heavily upon the peo- ple, but, with the exception of the first time, they ap- pear, during the time of the Republic, to have always been triumviri mensarii.'" One class of mensarii, however (perhaps an inferior order), the mensularii or mimulani, seem to have been permanently em- ployed by the state, and these must be meant when we read, that not only the serarium, but also private individuals, deposited in their hands sums of money which they had to dispose of." As Rome must have often been visited by great numbers of strangers, these public bankers had also, for a certain per cent- age, to exchange foreign money and give Roman coinage instead, and also to examine all kinds of coins, whether they were of the proper metal, and genuine or not." During the time of the Empire, such permanent mensarii were appointed under the control of the praefectus urbi, and formed a distinct corporation." Bankers appointed by the state also existed in other ancient towns, and Cicero" mentions mensarii at Temnos, in Asia Minor, who were appointed by the people. MENSIS (fivv), a Month. The division of the year into twelve lunar months must have been known to the Greeks from very early times, for in the 1. (Allien., 1. c— PoUm, Onom., X., 81.)— 2. (Horn., Od., i., IM.— Id. ib., XX., 161.— Mart., xiv., 144.)— 3. (Ovid, Met., Tlii., 6ttfl.) — 4. (Juv., ii., 110.) — 5. (Arnob, contra Gentes, lib. ii.) — 0. (Allien., iv., 22.— H'bck'i Kreta, iii., p. 120-128.)— 7. (Becker, Charikles, ii., p. 191, 193.)— 8. (Dig. 2, tit. 13, s. 6.)— 9. (Liv, wii" 01* in /T.iu Tviii 91 Til _ *twi* . . 3R.^ W.tTai^if Ann 634 Homeric poeica t^e lunar months pppear qtiitrf fa miliar to ihe.a. T' laces were distributed in the same manner. But there does not appear sufficient ground for such a bold alteration, and it seems, at any rate, probable that the number of these officers, as the grammarians state, was necessarily greater in the port-town than in the city, for there must have been more business for them in the Piraeeus than at Athens, which was not the case with the sitophy- laces. The duties of the metronomi were to watch that the weights and measures used by tradesmen and merchants should have the size and weight prescribed by the laws, and either to punish offend- ers or to receive complaints against them, for the real nature of the jurisdiction of the metronomi is not known.' METRO'POLIS. (Vid. Colonia, p. 284.) ♦MEUM (jiriov), a plant, the Meum Athamanlicnm, or Ligusticum Meum, Hooker ; in English, Spignel, Men, or Bald-money. Moses Charras says of it, ' Meum or Spignel is called Athamantic from the mountain Athamas in Thessaly, where it grows plentifully. The leaves are small, and like those of anise.'" ♦MILAX (^<'?.af), a plant, the Bind weed, of which several kinds are mentioned by the ancient writers. 1. (Xen.i De Vectig., 1. c— Thuoyd., ii., 13 ; it., 90.— Do' mosth., c. Philip., i., p. 50.— Thucyd., i., 143.— Id., iii., 16.)— 2. (Demosth., c. Steph., ii., p. 1135.)— 3. (Compare Petitus, Leg. Att., ii., 5, p. 246, &c.— F. A. Wolf, Prolog, od Leptin., p. liri., Ac. — Hermann, Polit. Ant., ^ 115.) — 4. (Frag., c. 7.)— 5. (H. A.,i viii., 9.) — 6. (Harpocrat,, SiiMas, Phot., and Lex. Seg.,'8. v. Mcrpowi/ioi.)- 7. (Pabl. Econ., i., (i 9, n. 193.)— 8. (Meier and SchOmann, Att. Proc, p. 93, &c.)— 9. (DioHcor., i., 3.— Adams, Airoend., s. t.) The more common form of the name is Smilax which see. MILLIA'RE, MILLIA'RIUM, or MILLE PAS- SUUM (/ii^tov), the Roman mile, consisted of 1000 paces (passus) of 5 feet each, and was, therefore, =5000 feet. Taking the Roman foot at 11-6496 English inches (vid. Pes), the Roman mile would he 1618 English yards, or 142 yards less than the Enghsh statute mile. By another calculation, in which the foot is taken at 11-62 inches, the mile would be a little moie than 1614 yards. The num- ber of Roman miles in a degree of a large circle of the earth is a very little more than 75. The most common term for the mile is mille passuum, or only the initials M. P. ; sometimes the word passuum is omitted.' The Roman mile contained 8 Greek stadia. The milestones along the Roman roads were call- ed milliaria. They were also called lapides ; thus we have ad tertium lapidem (or without the word lapidem) for three miles from Rome. Augustus erected a gilt pillar in the Forum, Where the princi- pal roads terminated, which was called milliarium aureum ; but the miles were not reckoned from it, but from the gates of the city. Such central marks appear to have been common in the principal cities of the Roman Empire. The "London stone" in Cannon-street is supposed to have marked the cen- tre of the Roman roads in Britain." *MILOS (/it for we must remember that, daring the time of the Republic, subject countries and provinces were not deprived of the right of coining their own money. This right they, even retained under the Empire for a long time, though with some modifica- tions ; for while some places were allowed to coin their money as before, others were obliged to have upon their, coins the i head of the emperor or of some member of his family. Silver and gold, how- ever,, were only coined in places of the first rank. When all Italy received ^he Roman franchise, all the Italians used the Roman money, and, in conse- (juence, lost the right to coin their own. It has beenstated abovCithat probably every Ro- man citizen had a right to have his gold and silver coined,, but none had the rightito put his own im- tge upon a coin, and not even Sulla ventured to act contrary to thisoustom- ■ The coins apparently of the republican period with the portraits of individu- als were, , according to Eckhel, coined at a later time, and by the descendants of those persons whose portraits are given. Csesar was the first to whom this privilege was granted, and his example was followed by many others, as we see from the coins of Sext. Pompeius. The emperors assumed the right to put either their own images or those of members of their families upon their coins. From the time of Augustus, the triumviri, gener- ally speaking, no longer put their name on any coin, and it became the exclusive privilege of the emperor to coin silver and gold. The senate, intrusted with the administration of the aerarium, retained the right of only coining copper* whence almost all copper coins of this period are marked with S. C. or EX S.C. Butt his lasted only till fhe time of Gallienus, when the right of coining all nioney became the exclusive privilege of the emperors. As, however, the vast extent of the Empire rendered more than one mint necessary, we find that in several provinces, such as Gaul and Spain, Roman money was coined un- der the superintendence of qusestors or proconsuls. Roman colonies and provinces now gradually ceased to coin their own money. In the western parts of the Empire, this must have taken place during the first centuT7 of our era, but in the East the Roman money did not become universal till after th^ time of Gallienus. From the time of the Emperor Aurer lian, a great number of cities of the Empire pos- 8ess MU'SCULUS was, according to the description of Vegetius," one of the smaller military machines, by which soldiers, in besieging a town, were protect- ed while engaged in filling up the ditches round the besieged place, so that the movable towers (turrea ambulaloriie) of the besiegers might be able to ap- proach the walls without obstacle. A more minute description of a musculus is given by Caesar." The one which he describes was nine feet long, and v as constructed in the following manner : Two be>ims of equal length were placed upon the ground at the distance of four feet from each other, and upon them 1. (Aristot., H. A., i., 5, « 12. (De Bell. Civ., ii., 10, &o.) 643 MUSIC. MUSIC. weie fixed little pillars fire feet high^ Their top ends were joined , by transyecse beams, which, form- ed a gentle slope on either side of the roof,! of -which they formed the framework. The roof was then entirdy covered with pieces of wood twofeet broad, which were fastened with metal .plates .and nails. Around the edge of this roof, square pieces of wood four cuLfts broad were HxeA, for .the purpose of keeping together the bricks and mortar with which the muscolus was then covered. But that these materials, which were intended to protect the mus- ' cuius against fire, might not suffer from water, the bricks and mortar were covered with skins; and that these skins, again, might not suffer from the fire or stones whioh-the besieged might throw upon the musculus, the whole was covered with rags of cloth. The whole of this machine was constructed under the cover of a vinea, and close by the Roman tower. At a moment when the besieged were least expect- ing any attack, the musculus was moved, on against the wall of the town. The men engaged under it immediately hegan to undermine the wall^ and thus to make: a breach in it ; and while this work was going on; the besiegers kept up a lively fight with the besieged, in order to prevent them from direct- ing their attacks against the musculus.* The mus- culus described by Csesar was evidently designed for different purposes than the one mentioned by Ve- getius, and the- former appears to^be only a smaller, but a more indestructible kind of vinea than that commonly used. MUSEIA. (FVd. H0D8EIA.) MUSETJM (MouiTEiov) wasthe name given to an institution*: founded by. IJtolemy Philadelphus, : about B.C. 380, for the promotion of learning and the sup- port of learned men.' We learn froraStrabo' that the museum formed part, of the palace, and that it contained cloisters or porticoes (wEpiTraTor), a pub- lic theatre or lecture-room (ift'dpa), and a large hall (oiKOf (iiyag), where the learned men dined togeth- er. The museum was supported by a common fund, supplied apparently from the public treasury ; and the whole institution was under the superintendence of a priest, who was appointed by the king, and after Egypt became a province of the Roman Empire, by the Caesar.* Botanical and zoological gardens ap- pear to have been attached to the museum!' The Emperor Claudius added another museum to this institution.' MUSIC (GREEK). In compiling the following article, little more hiiS been attempted than to give an outline of facts whicli rest upon positive evidence, and, at the same time, to present them in siich aform as to serve for an introduction to the original sour- ces. Hence it necessarily consists, in a great meas- ure, of technical details, which, however, can pre- sent no difficulty to persons acquainted with the first elements of the modern theory ; and nothing has been said in the way of deduction except in one or two cases, where the interest of the subject and the apparent probability of the conclusions seemed to permit it. The term 'kp/ioviK^ was used by the Greek wri- ters to denote what is now called the Science of Music ; fimaiKTi having, as is well known, a. much wider signification 'Ap/iovLK^ ivtlv imarii/iti ^tu- priTLKJi Kol izpaKTiiai T^f Tot) iip/ioaftlvov ipvceug. 'HpfiotTfiivov 6e kartv to bk ^66yyuv not di.aaT7jfiuTon*, tzoiav Tu^Lvkxinn^v, avyKeifitvov.'' The following sevenfold division of the subject, which is adopted by the author just quoted, as well 1. (Compare Ck8., De Bell. Civ., Mi., 80.— De Bell. Alex., 1.) ■2. (Athenieas, v., P..203.)— 3. (xviii., p. 794.) — 4. (Stnilio. 1. c.>— 6. (Phllostr., ApolloD., vi., 24. — ACllen., xiv., p. 654.)— 6. (Suet., Claud., 43, with -(^ksaubon^s note.) — 7. (Euclid, Intw Harm., p. 1.) 644 as by others, will .be partly adhered tj in ihe pn«n ent article : I. Of Sounds {^epl i^ayyav). 11. Ql; Intervals (irtpl^maTiJiiaTov). III. Qf Genera (>redi ysniiiv). IV. Of Systems (irepj avariiiidTuu). V. Of Modes {irepl Tovav). VI. Of Trransition (n-epi /^.traSo. A^f). iVII. Of Composition (;7repj/i«Aoffoijoff). -It must' be observed that the term rovoc is used in different senses. First it signifies degree ofiension, and so pilch, whence its application to denote modcj the moiea being scales whiph di^red in pitch : and then it in taken for result' of .tension ; .whenceits meaning aa the name of an interval, tone, because a tone is the interval through which the voice is most naturally raised at one effort.^ A sound is said to be musieal-when it has a det terminate pitch (ratrff). When two sounds diffei. in pitch, one is said to be more acute (6f«f )j the oth- er more grave (/SapiJf).; or,:ini common language) one', is called higher, and the; other lower. The term iniuT^rig applied to a sOund either signifies, sim^y, that it is capable of being used in a melody^Jor ret 1 a2i«c2y,;that it is capable of: being used in the sami meloiywiith some other sound or system of sounds; the latter is its most common meaning. An interval is thedifference, or, rather, distanee between two sounds of different pitch. When we compare the intervals between two pairs of sounds, we judge them, in certain cases, to be similar or equal. If the more acute sound of one of them be then raised, that interval is said to become! greater than the other. It is this property of intervalsof or tone was defined to be the differ- ence between the fourth and fifth ; so that the cor- responding ratio would be determined either by ex- periment, or by simply dividing 1 by |. It is remarkable that each of the four ratios enu- merated above is sitperparlicular; i. e., the two terms of each differ from one another by unity. Euclid seems to consider no intervals consonant except such as correspond to superparticular {imftopiog) or multiple {ira2.%aiT^dalav) ratios; the latter being such as |i, f , y, &e. On this theory the octave and fourth' {^) wbuld be dissonant, but the octave and fifth (S) consonant." And it is also worthy of no- tice, that all the intervals employed in the moderjj theory are either such as correspond to superpartic- ular ratios, or are produced from such by compound^ ing them with the octave. Thus the ratio corre- sponding to the major third is |; minor third " f ' minor tone " -nr i major semitone " i|. It seems, therefore, extraordinary, that analogy should not have led at once to - the discovery at least of the major and minor third, as soon as the connexion between intervals and ratios had been observed. However^ no such discovery was then made, or, if made, it was neglected ; and this affords at oncfi an explanation of the fact that intervals less than the fourth were reckoned dissonant ; for the dhovovi or double major tone, is i greater than the true consonant major third (which consists of a major and minor tone) by an interval expressed by the ratio |y, a difference quite sufficient to destroy the consonance of the interval. In i fact, when a keyed instrument is tuned according to the equal temperament, the major thirds are too great by an interval little more than half of this (-fl^ nearly), and yet are only just tolerable. This subject is im- portant, because it bears immediately upon the ques- tion whether harmony was used in the Greek music. An aggicgate of two or more intervals, or, rath- er, a series of sounds separated from one another by intervals, constituted a system. Systems were named from the number of sounds which they com- prehended. Thus an octachord was a system of eight sounds, a pentachord of five, and so on : and usually, though not necessarily, the number of sounds corresponded to tlie interval between the extreme lonnds. The fundamental system in ancient music was the tetrackord, or system of four sounds, of which the extremes were at an interval of a fourth. In modern music it is the octachord, and comprehends an octave between the extremes. The important and peculiar property of the latter systemj namely, the completeness of its scale, was fully understood, as the name of the interval diawao-uw sufficiently indicates ;* but it was not taken in theory for the foundation of the scale, or, at any rate, was con- sidered as made up of two tetrachords. The genits of a system depended upon the distri- bution of the two intermediate sounds of the tetra- chord. The Greek musicians used tliree genera : I. The diatonic, in which the intervals between 1. iVid. Nicomachus, p. 10.) ^ 2. (, Fid. Whewell's DynamicB,' part ii.jp. 331, ed. 1834.)— 3. (Yid. E^cL, Sea. Cm., p. 24.)— I. lYid. also Aiistidct. p. 16, IT.) the four sounds were (ascending) semitone, tone, tone : > II. The chromatic ; semitone, semitone, tone and a, half: :^=m III. The eiiharmonic ; diesis, diesis, double tone i=^^i!=3t (The second note is' meant to represent a soumo halfway between E and F, for which the modern system supplies no notation.) Of these genera the diatonic was allowed 'to be the most ancient and natuTal, and the enharmonic the most modern and difficult ; the latter, however, seems soon to have become the favourite, with theorists at least, for Aristoxenus complains that all writers before his time had devoted their trea- tises almost entirely to it, to the neglect of the two others.' The only difference between the ancient and modern diatonic is, that in the former all. the tones are major tones, whereas in the latter, according to the theory generally admitted, major and minor tones occur alternately." The interval called a semitone in .the' above descriptions is, therefore, strictly neither equal to the modem major semi- tone, nor to half a major 'tone, but. the ear .would hardly appreciate the difference in melody. Besides these genera, certain colours^xpocu) or specific modifications of them are enumerated.? ■ The enharmonic had only one xp''^i namely, the genus itself, as described above : it is commonly called simply dp/iovia. The chromatic had three: 1st, xp^t^" tovmIov, or simply XP"!'"! the same as the genus ; 2d,. ;fpu//o ijpioXiov, in which intervals of three eighths of a tone were substituted for the two semitones ; 3d, XpHjia fia%aK6v,in which intervals of one third of a tone were similarly employed. The diatonic had tvioxpoai, : 1st, 6LaTovov aivro- vov, or simply diuTovov,tiie same as the genus ; 2d, diuTovov /iaiMKou,: in which an interval, of three fourths of a. tone was substituted for the second semitone (ascending). The following table will exhibit at one view the intervals between the sounds of the tetrachord, ta- ken in the ascending order, according to each of these XP""!-' the tone being represented by unity, and two tones and a half being supposed to make up a fourth, a supposition which is not exactly true, but is conmionly adoptedby the ancient writers aa sufficiently accurate for their purpose.* I. Diatonic ... 1. diurovov (avvrovov) i, 1, 1. 2. didrovov /iaAaicov .. i, f , |. II. chromatic . . .1. ;i!pii|Ua (Toi';aiov) .. . i, i, |-. 2. ;i;pu/ia vftoTuov . • |, f, J. 3. XP'^H'"' /iahiKov . . ^, j, ^^. III. Enharmonic . . . upfioyia i, i, 2. There seems to be little evidence that any of these ;);p6oi were practically used, except the three principal ones, Smtovov, xp"f"'i dp/iovia. But it would be wrong to conclude hastily that the others would be impossible in practice, or necessarilyjun. pleasing. In the soft diatonic, for instance, the- in- -1. (Aristoi., p. S and 19.)— 2. (Vid. Crotch'j Elenier.t» of Ma- sical CoHapositigiuohap. ii.)-^3. (Euol., p. Ifl.)-r4.s( ?«(. Eucl, Sectio Canouis. Theor., x?.) 645 MUSIO. terval wliinli is roughly described as five fourths of a tone, would be greater than a major tone, but less than a minor third ; now there are two inter- nals of this kind, corresponding to the superparlicu- lar ratios | and \, which ought, therefore, by anal- ogy, to be consonant, or, at any rate, capable of be- ing employed as well as the tone and semitone ; and, although they are not used in modern music, or, at least, not admitted in theory,' nothing but experiment can determine how far the ear might become accustomed to them. These intervals ex- ist in the natural scales of the horn, trumpet, &c., 2nd are, in fact, used instead of the minor third and tone in the harmony of the dominant seventh, both by stringed instruments and voices, when unaccompanied by tempered instruments. If this view be correct, the intervals of the tetrachord in the dcuTovav imhucbv would probably correspond to the ratios ij, |§, I, and similar considerations might be applied to the other ;fpoaj. The four sounds of the tetrachord were distin- guished by the following names : inurri (sc. x'>P^'l) was the Lowest ; vf/TT) or vcurr) the highest ; ■Kapv- mirri the lowest but one, and napavf/rri the highest but one. Uapav^rij was also frequently called Mx- avos, probably because, in some ancient instrument, the corresponding string was strucl< by the fore- finger ; and napvnuTTi was afterward called Tphri In certain cases. These names were used in all the genera ; but the name of the genus was com- monly added to ^ix'^vos (thus, ^i;f avof tharovoi, xpu- fttiTiK^, or hiapiiAvwg), perhaps because the position of this sound with respect to vthItti and vrirri is what chiefly determines the character of the genus. When the two lowest intervals of the tetrachord, taken together, were less than the remaining one, those two were said to form a condensed interval. (■KvKvov). Thus the interval between viraTTi and h-xivng is TiVKvov in the enliarmonic and chromatic genera. Tlie three sounds of the nvKvov were sometimes called ^apvnvKvor;^ fiE(ronvKv6^^ and b^v~ irvitvoc, and sounds which did not belong to a wk- vtyv were called uTrvKvoi. It is not to be supposed that the tetrachord could long continue to furnish the entire scale used in Id; MJSir practice, though it was always considered <» ttM element of the more comprehensive systems wbicli gradually came into use. The theory of the gen- era, as has bsen seen, required only the tetrachord for its full development, though it certainly could not have been invented till after the enlargement of the scale. Terpander is said to have invented the seven- stringed lyre,' which seems not to have been obso- lete in Pindar's time ;' its scale consisted of an octave, with one sound omitted.' The addition of this omitted sound (attributed to Lycaon or Pytliag- oras) would give an octachordal lyre with a com- plete octave for its scale. And an instrument call- ed magadis, which must have had a still greatei compass, was very early known, and is said to have had twenty strings as used by Anacreon.* When two tetrachords were joined, so that tha highest sound of one served also for the lowest 0/ the other, they were said to be conjunct [rrmirjiiji^a,). But if the highest sound of one were a tone lower than the lowest of the other, they were called dis- junct {Sie^evy/iiva), thus : B C D E F G A conjunct. E^FGA BCDE disjunct. In the latter case, the tone (between A and B) which separates them was called tovoi diaftw/tn- Kog.^ A hendecachordal system, consisting of three tetrachords, of which the middle one was conjunct with the lower, but disjunct from the upper, thiia, "BCD E FG A BCDE, is supposed to have been used abotit the time 01 Pericles." In such a system the lowest tetrachord was called (rerpilxopiov) turaruv, the middle /liaav, and the highest ite^evy/iivav. Afterward a single sound (called 7rpoahiii(iav6fifrn() was added at an hiterval of a tone below the lowest of imarCw, and a conjunct tetra'-hord (called vnep^oXaiuv) wsa added above. And thus arose a system ol two complete octaves. isi: which was called the greater perfect system. Anoth- nr svstem, called the smaller perfect system, was com- -4-- -^ — w- I posed of three conjunct tetrachords, called vvaTuv, fieauVf and avvTjpfiivuv, with TrpuaXa/idavd/iEvo^y thus: . a-hit. » ^ It: iNE and these two together constituted the immutaUc system (ava-ripa uperuinXov) described by all the writers later than Aristoxenus, and probably known to him." The sounds in these systems were named in the way before described, the names of the tetrachords only being added, and p.iari and napapFai being substituted for vvrri firaav and vvdrri iiet^evypivuv rsspectively. Thus, taking the sounds in the as- Bending order, A ■Kpoi^'Kapiavbiievo; B vnaTTj inaruv Q . ■Kapvmni vnarHv ) TerpaxopSov D Xixavof iwaruv y VTraTCiv. E vnarri iteauv F vapUTtarri /liaav G Tuxavo^ /liaav, A itiay T. fuaav. 1. ITid. Smith's Harmonies, sect, iv., art. 10.) — 3. (Eucl., o 17.) 64S , V7repBo?,aiuv, So far the sounds are common to the greater and smaller systems. Then follow, in the greater, B "KapapeaTj Tpirt) dLcCtvyuEvuv I t >■ U TrapfiVTfTTj ote^evyfiEvuv i ^ 'r E vi}TTj disl^evyfiivLiv F Tpirij VTTep6u7i.aiuv G TvapaviiTTi virep6o7MU)v A v^Tri inepBo'kaiuv The interval between fiiari and vapnuifi; is a tofie. But in the smaller system, jueir;/ serves also for the lowest sound of the tetrachord amtipftivuv, which terminates the scale, thus : A fiea^. JB Tplrrj avvTjfx/iivdiv. C irapavriTri avvT/p/ievuv. D vvrTj (TVVTJppivuV. 1. (Eucl. p. 19.)— 2. (Pylh., ii., 70.)— 3. (Arist., ProM., l«, 7, 85, 32.)- 4. (Vid. BSckh. De Metr. Find., lib. iii., cap. 7, 11.) —5. (Eucl., p. 17.)— 6. (Bilckh.) MUSIO MUSIC. In adapting the modern notation to these scales, we have represented them in the diatonic genus ; but the same anangement of the tetrachords was adopted in the others. Those sounds of the im- mutable system which were the same in all the genera, namely, ivpoaXafiSavo/iEvo^j viTU'nj VTzaruv, trTOTi? liinuv, fiecni, -Kapajiiari, vf/TTi awTi/j/ievuv, vvtij iteZcvyjihiav, and v^tt; virepSo^aiav, were called fix- ed (forarcf), being, in fact, except the fet, the ex- treme sounds of the several tetrachords. The rest, being the intermediate sounds, on the position of which the genus depended, were called movable {Kcvovfievoi). Meaii was certainly considered a sort of key-note to the whole system,' and npoa\a/i6av6fievo^ was added to complete the octave below fiiar}.' This addition is supposed to have been made later than the time of Plato, but earlier than Aristox- enus.' The greater of the two systems thus described appears to have superseded the other in practice ; in fact, it is evidently the most natural of the two. But it must not be supposed that it was necessarily used in its complete form as the scale of any in- strument ; it was rather a theoretical canon by which the scales really employed were constructed. With regaid to its^nes* for nse, it may be cibsc"Ttil, tha in the diatonic genus the eflect of such a systen would not perceptibly differ, so long as the melodi only was required, from that of the correspondinj notes (gii en above) as played on a modern instru ment with or without temperament. The chroma tic scale is quite unlike anything now employed and though it was not considered the most difficult was certainly the least natural (TexviKOTaTov i. TO xp^l'o'-). The modern minor scale. A, B, C, D E, pF, :j^G, A, can hardly be considered an excep tion to the assertion, that the chromatic scale ii quite unlike anything now employed, for its essen tial character, as now used, depends so little upoi the chromatic interval between F and;J:fG, tha this peculiarity is usually got rid of in melody b; raising the F or lowering the J^G, according to cir cumstances. Hence the popular but incorrect waj of representing the ascending and descending raino; scales.' But it is impossible to form a decidec judgment of the merits of the chromatic scale with out a much greater knowledge of the rules of com position than seems now attainable. The effect ol the enharmonic must have been nearly the same ai that of the diatonic, supposing ?uxav6g to be left ou in each tetrachord, thus : a: 1 1 1 -. . rit- - r -, ^ T ^^^^ l-t^^W- ==eeE^=; Indeed, Plutarch relates, on the authority of Aris- toxenus, that Olympus was led to the invention of this genus by observing that a peculiar and beauti- ful character was given to melody when certain notes of the scale, and particularly lixavo;, were left out.* It is therefore most probable that this was the original form of the enharmonic scale, and that it was more ancient than the highly artificial chromatic. In this form it would be both natural and easy. But afterward, when additional sounds were interposed between B and C, E and F, it would of course become, as it is always described, the most difficult of all the genera, without, how- ever, ceasing to be natural ; for these additional sounds could certainly be neither used by a com- poser nor executed by a singer as essential to the melody, but must rather have been introduced as passing or ornamental notes, so that the general ef- fect of the genus would remain much the same as before. The assertion of Aristoxenus (see p. 28, 53), that no voice could execute more than two quarter tones in succession, evidently supports this view. (Compare what is said by Aristides' of the rare use of intervals of three and five quarter tones.) Thus the enharmonic would derive its distinctive character more from the largeness of the highest interval of the tetrachord than from the smallness of the two others. Aristoxenus' expressly mentions the important influence which the magnitude of the interval between ^ix'^vog and vr/rri had upon the character of the genus, and blames the musicians of his own time for their propensity to dimmish this interval for the sake of sweetness (tovtov & alriov TO poiXeaBai. yXvKaiveiv ad). That a peculiar char- acter really is given to a melody by the occurrence of a larger interval than usual between certain sounds of the scale, is a well-known fact, exemplified in many national airs, and easily proved by the pop- ular experiment of playing on the black keys only of a piano forte. (See Burney' on the Old Enhar- monic.) The genus of a system was determined, as has I. (Yid. Arist., Probl., xii., 20.)— 2. {Aristidcs, p. 10.)— 3. 'BOckh.)— 4. (VW. Plutojch's Dialoguo on Music, Mini, de •Acad, des Inscriptions, vol. i., 126.)— 5. (p. 28.)— 6. (p. »3.)- r. (Tol. i., p. 27.) been explained, by the magnitude of certain ol iti intervals. The species (_eldo() depended upon th( order of their .succession. Hence, supposing n( system to be used which was not similar to some part of the aiaTriiia afierudoXov, every system wouU have as many species as it had intervals, and n( more.' The tetrachord, for example, had three species i« each genus, thus (diatonic), 1st. i, 1, 1. 2d. 1, i, 1. 3d. 1, 1, i. (where 1 stands for a tone). The species of a system was often described bj indicating two sounds of the ovar^fia a/ieTuSo^m between which a similar one might be found. Of the seven species of the octachord, the first wai exemplified by the octave comprehended betweei iivaTr] ixaruv and irapaficaji ; the second by thai between napvnaTii iiraTuv and Tplrri Sie^evj/ievav and so on. The order of the intervals in thes« seven species would be as follows in the diatonic genus (ascending) : 1st. i, 2d. 1, 3d. 1, 4th. i, 5th. 1, 6th. 1, 7th. 1, This distinction of species is important, because it formed originally the chief difference between the modes (rovoi). Unfortunately, there are no means of determining what was the real difference be- tween melodies written in these several scales ; anc the difficulty of forming any probable hypothesis or this subject is increased by what is said of /iscrri ir the passage quoted above from the Aristotelic Prob- lemata. Uuvra yap to. ;i;pi/ffTd jiiXr} ■KoXkam^ t; jieaig Xpf/Tat, ical Trovref ol ayaBol 7Z0tj;TM ■xvtiva Trpoj ■njv jiEcriv anavTuai, k&v aKcTSaai,, rax^ Inavepxov- rat, irpof de cMtiv oiruf ovSiiiiav. For, since the position of iieaii was determined by the intervals adjacent to it, any series of sounds heginning or end- ing with /iiaii would give a system always of the 1st. 1, 2d. 1, 3d. 4. 4th. 1, 5th. 1, 6th. 1, 7th. h 1. (Aristidcs, p. 19.)— S. (,Vii. Delin, Theoretisch-praktitolu Haimonielehre, p. 67, 68.)— 3. (Ewlid, p. 14.) 647 MUSIC. MUSIC. game speciis Possibly the author of the Problemata does not use the term lUari in the same sense as Euclid. However, it is certain that the seven species of Ihe octachord above described were anciently (Atto rav ipxaiuv^) denoted by the names Mixolydian, Lydian,, Phrygian, Dorian, Hypolydian, Hypophrygi- an, and Hypodwian; and it seems likely that they always differed in pitch as well as species, .the Mix- olydian being the highest and the Hyppdorian the lowest. Hence it is conjectured that there were originally only three modes, corresponding to the three species of tetrachord, and that these were the Dorian, Phrygian,, and Lydian ; because the octachord in each of these three modes is made up of two similar disjunct tetrachords, which are of the first species in the Dorian, the second in the Phrygian, and the third in the Lydian. Aristides describes also six enharmonic modes of very ancient origin (aZf ol ndw n-aAojpTaToi Trpof T«f dp/ioviaf KsxptivTai'), consisting of different spe- cies of octachords, and quotes the well-known passage in Plato' as referring to them. The order of the intervals is given as follows (see the notes of Meibomius upon the passage) : Lydian . . i, 2, 1, i, i, 2, h Dorian . . 1, i, 4, 2, 1, i, i, 2. Phrygian . 1, i, i, 2, 1, i, i, 1. lastian . . i, i, 2, H, 1. Mixolydian . i, i, 1, 1, i, i, 3. Syntonolydian i, i, 2, li, 2. It will be observed that these scales do not all aomprehend exactly an octave ; and none of them, except the Lydian, is coincident with any part of the avam/ia dfieraioTMv. That systems were not always restricted to the immutable form, is proved 'ly what Euclid says of compound systems, with nore than one /ieatj. None of these scales is de- cidedly unnatural, except, perhaps, the Mixolydian. Of course it is impossible to recognise their charac- ters as described by Plato, in the absence of exam- ples of their application in actual melody. Their principal interest, therefore, consists in the evidence which they afford of the antiquity of enharmonic sys- tems, i. e., of systems formed by omitting certain sounds of the diatonic scale. For, unless we take this view of them, and consider the quarter tones as, unessential additions, it seems quite impossible ti- understand how they could be used at all. The difference of species, considered as the char- acteristic distinction of modes, is evidently spoken of as a thing antiquated and obsolete, not only by Aristides (who was certainly later than Cicero*), but also by Euclid. As to Aristoxenus, the frag- ments which remain of his writings contain no al- lusion to such a distinction at all. In his time, it appears that the number of modes was thirteen ; and later writers reckon fifteen.' The descriptions of these fifteen modern modes are very scanty, but they indicate pretty plainly that they were nothing more than transpositions of the greater perfect sys- tem; their names were Hypodorian, Hypoiastian, Hypophrygian, Hyposeolian, Hypolydian, Dorian, last'an, Phrygian, :iEolian, Lydian, Mixolydian, Hy- peri'lstian, Hyperphrygian, Hyperasolian, Hyperlyd- ian. The Hypodorian was the lowest in pitch, and the nfioaXajiiavbiievoi of the others were successive- ly higher by a semitone ; and only that part of each scale was used which was within the compass of the voice. It seems likely that the ancient modes mentioned by Euclid, and described above, consist- ing of octachords taken, as regards their species, from different parts of l\ie aiarriiia d/ieTa6o?ov. would, as regards pitch, be each so placed a s to lie 1. no mention of a notation for it as distinct from the metre of the poetry. Probably, therefore, nothing l»ite the modern system of musical rhythm existed ; and, if so, this must have formed one of the most essential points of difference between the ancient and modem music. How the rhythm of mere instrumental mu- sic was regulated, or what variety it admitted, does not appear. There is no reason, however, to be- lieve that music without words was practised to any extent, though it was certainly known ; for Plato speaks with disapprobation of those who used /icXof Koi fivB/ibv dvev ^^/idrav, ipiTiy Ktdapiaei re Koi av'Krjaei Trpoaxpu/ievoi,* and others mention it.' On the last two of the heads enumerated in divi- ding the whole subject, very little real information can be obtained. In fact, they could not be intelli- gibly discussed without examples, a method of illus- tration which, unfortunately, is never employed by the ancient writers. MeTaBo^i; was the transitiori from one genus to another, from one system to an- other (as from disjunct to conjunct, or vice versa), from one mode to another, or from one style of mel- ody to another,* and the change was made in the same way as in modern modulation (to which /lero BoX^ partly corresponds), viz., by passing through an intermediate stage, or using an element common to the two extremes between which the transition was to take place.' MeTiOTiotta, or composition, was the application or use of all that has been described under the prece- ding heads. This subject, which ought to have been the most interesting of all, is treated of in such a very unsatisfactory way, that one is almost forced to suspect that only an exoteric doctrine is contained in the works which have come down to us. On composition properly so called, th(!re is no- thing but an enpmeration of different kinds of se- quence of notes, viz. : l^ayayij, in which the souada 1. (iii., 8.)— 2. (Plat.,. Leg., ii.,p 67( J— 3 (ESckh, iii.,l».) —4. (Lee;, ii., p. 669 )— 5. (BScUi ii... )!.)-«. (Eucl., 20 I - 7. IVid. luoliil, 21.) MUSIC. MUSIC. followed one another in a regular ascending or de- ccending order ; 2. ttTmk^, in which intervals were taken alternately ascending and descending; 3. ■KETTeia, or the repetition of the same sound several times successively ; 4. rovrt, in which the same sound was sustained continuously for a considera- ble time.' Besides this division, there are several claBsifications of melodies, made on different prin- .ciples. Thus they are divided according to genus, into diatonic, &c. ; according to mode, into Dori- an, Phrygian, &c. ; according to system, into grave, acute, and intermediate (iTraroejfS^f, jn?7-o«<5»ir, tie'- aoeii^:). This last division seems merely to refer to the general pitch of the melody ; yet each of the three classes is said to have a distinct turn (rpon-of ), the grave being tragic, the acute ?iomic (yo/wco^), and the intermediate dilhyrambic. < Again, melody is distinguished by its character (?}eoc)j of which three principal kinds are mentioned, dmaraXTiiiov, cveToKriKov, and ijavxaanKov, and these terms are respectively explained to mean aptitude for ex- pressing a magnanimous and heroic, or low and ef- feminate, or calm and refined character of mind. Other subordinate classes are named, as the erotic, epithalmian, comic, and encomiastic.' No account is given of the formal peculiarities of the melodies distinguished by these different characters, so, that what is said of them merely excites our curiosity, without tending in the least to satisfy it. The most ancient system of notation appears to have consisted merely in the appropriation of the letters of the alphabet to denote the different sounds of the scale; and the only alteration made in it was the introduction of new signs, formed by ac- centing letters, or inverting, distorting, and mutila- ting them in various ways, as the compass of the scale was enlarged. A great, and seemingly unne- cessary, complexity was caused by the use of two different signs for each sound ; one for the voice, and the other for the instrument. , These two signs were written, one above the other, immediately over the syllable to which they belonged. They are given by several of the Greek writers, but most fully by Alypius. The instrumental signs appear to have been cliosen arbitrarily ; at least, no law is now discoverable in them : but the vocal (which were probably more ancient) follow an evident or- der. The sounds of the middle part of the scale are denoted by the letters of the Ionian alphabet (attributed to Simonides) taken in their natural or- der ; and it is remarkable that these signs would be just sutRcient for the sounds comprised in the six modes supposed to be the most ancient, if the compass of each were an octave, and they were pitched at intervals of a semitone above one anoth- er. Accented or otherwise altered letters are given to the higher and lower sounds. To learn the system perfectly must have required considerable labour, though its difficulty has been much exag- gerated by some modern writers.' A few speci- mens of Greek melody expressed in the ancient no- tation have come down to us. An account of them may be found in Burney,* where they are given in modern notes with a conjectural rhythm. The lest of them may also be seen in Bockb* with a iiffcrent rhythrai It is composed to the words of (he first Pythian, and is supposed by Bockh to be 'jeitiiinly genuine, and to belong to a time earlier than, the filleen modes; Its merits have been very variously estimated ; probably the best that can be laid of it is, that no certain notion can now be ob- tained of its real effect as anciently performed. It has long been a matter of dispute whether the ancients practised harmony, or music in parts. We 1 (Euclid, 22.)^2. (Euclid, 21, — Aristid., 29.!— S (Fid. Wickh, iii- n.)- 4 (Tol. i., p 93.)— S (Ui, 12.) M believe there are no sufBcient grounds for supposliij that they did. The following are the facts usually appealed to on each side of the question. In the. first place, the writers who professedly treat of mu- sic make no mention whatever of such a practice ; this ondission constitutes such a very strong primi facie evidence against it, that it must have settled the question at once but for supposed positive evi- dence from other sources on the other side. It is true that iieXoitoua, which might have been expect ■ ed to hold a prominent place in a theoretical work, is dismissed very summarily ; but still, when the subjects which ouglU to be explained are enumera- ted, jue^oTrowo is mentioned with as much respect as any other, while harmony is entirely omitted. ■ In fact, there seems to be no Greek word to express it ; for apjiovia signifies a well-ordered succession of soundsj' and avii Even in cases which were brought before an ordinary court, the judges were only initiated persons, if the case had any connexion with the mysteries.^ That no one but the initiated might hear the transactions in such a case; the court wa4 surrounded by public slaves, to keep all' profane per- sons at a distance.' •. The Roman religion had no such mysteries as that of the Greeks, but only mystic rites and cere- monies connected with the celebration of certain festivals. The Bacchanalia were of foreign origin, and of short duration. (Kirf. Dionysia.) A very full account of the Greek mysteries is given by Limburg-Brouwer, Hist, de la Ckilisat. Mor. et Rilig. des Grecs, tom. iv., p. 180-416, and chapter xxvi. of the same work contains a useful survey of the various opinions upon the subject which have been entertained by modern scholars and philosophers. *MYSTICE'TUS i/ivarUvroc). " This term oc- curs in the common editions of Aristotlefs Natural History, and hence Linnaeus calls the common whale Balmna Myslicetus. Schneider, however, reads pv^ to jcijTOf . It is the Musculus of Pliny." MYSTRUM (fivarpav), a Greek liquid measure, of whiehthere were two sizes; called, the large and small mystrum. The small, which was the more common of the two, was J^th of the cotyla, aiid ith of the cyathus, and therefore contained 0208 of an Enghsh pint." Galen adds that the smaller mys- trum contained 2i drachms ; at the larger was yjth of the cotyla, and contained 3jd drachms; but that the most exact mystrum (roi diKaiiTarov foxrrpm) 1. {Strabo. p. 718.— Athen., ix., 18.)--2. (Pans., ii., 38, 4 SO —3. (Pint,, Alcih., 34.)— 4. (Paus., viii., 23, 4,3.)— 5. .(Paus.,ii., 30, 4 2.)— 6. (Paas., iy., 34, ^ 6.— Id. ib., ii., l.-,-Id. ib., u., 30, 4 5.— Henid,, »., 83.)— 7. (Pollux, Onom., viii., I41;)-tt8. (Ando- cid.. Do Myst., p. 14.)— 8. (Polliii, Oiioin., viii., 123i)-^10. (Ad- ams, Append., B. v.— Plin., H. N., xi., 37.)— 11. (Galen, Fraj. c. IS.) NAVARCHUS. NAUUltAKlA. held 8.dCTiiples,>thatis,%§d,diachmsi, According to this, the small mystrum would be, |ths of the larger Bat in the 13th chapter of the samp fragment. he makes the largeimystrum -—^6 of the cotyla, and the small mystrum ith of the large. In c. 4 he makes the large mystrum =3 oxybapha, and the small =lid. Cleopatra makes the large =Jythi0f the cotyla, the small =Ad.' *MYZ(5N; or MYXON (fiv^uvi nMav)i a variety of the Mullet.i ^ Artedi calls it Chylan Myxo an- tKorum.' N NjE'NIA. i [Vid. Fomis,p. 459.) ♦NAPY.(na5ru), a term apphed by Theophrastus, Galen, and others to tbe-Sinapismigra, or common Mustard. Dr. Milligan, however, in his edition of Celsus, sets it down for the Sinapis alba, or White Mustard.' ♦NARCISSUS {vupKuraos), a plant. The name is especially referable to the Narcissus poetims, or Deifibdil, but it was most probably applied on some occasions to other species.* »NARDUS (vdpdo(). " By Nard," says Dr. Har- ris, "was meant a highly aromatic herb, growing in the Indies, and- called Nardoslachys by Dioscori- des and Galen." It is fully described by Moses Charras. "That. the ancient Nards were Valeri- ans, is now," remarks Adams, " universally admit- ted. Sprengel shows that the Indian Nard of the ancients was the species of. Valerian called Patri- nia Jatamansi, Don. The vdpSo^ KeXTidsj is refer- able to the Valeriana Celtica and Saliunca, All. The I'dpdof ipela is the species now called Valeriana tti- lerosa. Tournefort named it V. maxima Pyrenor ica.'" ♦NARCE (wp/ti/)- {Vid Torpedo.) »NARTHEX. (Vid. Febdla.) NATALI'Tir LUDI. (Vid. Lodi Natalitti.) NATA'LIBUS RESTITU'TIO. (Vid. Ingenui.) NATA'TIO, NATATO'RIUM. (Vid. Bathb, p. 148). NAVA'LIA were docks at Rome where ships were built, laid up, and refitted. They were at- tached to the emporium outside of the Porta Tri- gemina, and were connected with the Tiber.' The emporium and navalia were first included with- in the walls of the city by Aurelian.' The docks (veaaomot or veupia) in the Piraeeus at Athens cost 1000 talents; and having been de- stroyed in the anarchy by the contractors for three talents, were again restored and finally completed by Lycurgus.?, They were under the superintend- ence of regular officers called im/ie2.riTai tov veo- pluv. (Vid. Epimeletai, 5.) NAVA'LIS CORO'NA. (Vid. Corona, p. 310.) NAVARCHUS (vavapxo;) is the name by which the Greeks designated both the captain of a single ship and the admiral of a fleet. The office itself was called vavapxia. The admiral of the Athenian fleet was always one of the ten generals (aTpaniyoi) elected every year, and he had either the whole or the chief command of the fleet.' The chief offi- cers who served under him were the trierarohs and the pentecontarchs, each of whom commanded one vessel ; the inferior officers in the vessels were the KvitpvrjTai, or helmsmen, the Ke^evarai, or command- ers of the rowers, and the ■Kpuparai, who must have 1. (Wunn, De Pond., p. 130.)— 2. (Aristot.. H. A., »., » ; ti., 170—3. (Theophimt., H. P., i , 19.— Galen, De Simpl., viii.— Adams, Append., s. v.) — i. (Theophrast., H. P., vi., 6.— Id. ib., vii,,. 12 --Dioscor., iv., 158.— Adams, Append., s. v.)— 5; (Harris, Nat.. Hist, of the Bible, p. 390.— Adams, Append., s. v.)— 6. (lili.i XXXV., 10.— Id., xl., 51.^Id., xlv., 2. )— 7. ( Vopisc, Aurel., ll.)-8. (Isocr., Areopag., 25.— BSokh, Pabl. Econ., ii., I) 10.)— ». (Plut., Themist., IS ) been employed at the prow of the vesse.s.i (Don* pare Strategos.) . Other Greek states who kept a navy had likewise their navarchs. A Spartan navarchus is mentioned by Xenophon," and under him served an ofliioet called imaTuXci^.' The navarchia of Sparta, how- ever, was an innovation of later times, when the Spartans had acquired a fleet and possessions in foreign countries. The office was distinct from that of the kings, and Aristotle' calls it axeSav kripa paaileia.' The navarchus -in Rhodes seems to have been their chief military officer. We find him authorized to conclude treaties with foreign nations,' and sent on embassies in the name of the Republic' NAUCRA'RIA (vavKpapla) is the name of a di- vision of the inhabitants of Attica. The four Attic phylse were each divided into three phratries, and each of these twelve phratries into four naucraries, of which there were thus forty-eight. This division is ascribed to Solon ;' but' Herodotus,' in relating the insurrection of Cylon, mentions magistrates at Athens called npvrdvi; ram vavKpapov, so that the naiicraries must have existed Jong hefore Solon. There is, however, some difficulty connected with this passage of Herodotus, inasmuch as Thucydi- des," in relating the same event, mentions the nine archons instead of the prytanes of the naucraries. Wachsmuth" endeavours, very ingeniously, to rec- oncile Herodotus and Thucydides, by supposing that the prytanes of the naucraries wei^e the same as the trittyarchs, the assessors of the, first archon, and were thus identified by Thucydides with the archons themselves. What the naucraries v/ere previous to the legislation of Solon is not stated anywhere, but it is not improbable that they were political divisions similar to the demes in the constitution of Cleisthe' nes, and were made, perhaps, at the time of the institution of the nine archons, for the purpose of regulating the liturgies, taxes, or financial and mil- itary affairs in general." Tittmann,'' moreover, supposes, with some probability, that they were, like the demes of Attica, local divisions. Hence the grammarians inform us that vaixpapo^, or the chief officer of every naucrary, was the same as the demarch. At any rate, however, the naucraries before the time of Solon can have had no connexion with the navy, and the word vaixpapog cannot be derived from vav^, a ship, but from vaia, and vai- Kpapo; is only another form for vavxXrjpoc in the sense of a householder, as vavXov was iised for the rent of a house." Solon,- in his legislation, thus only retained the old institution of the naucraries. His innovation prob- ably was, that he charged each of them with the equipment of one trireme and with the mounting of two horsemen." All military aflairs, as far as re- gards the defraying of expenses, probably continued, as before, to be regulated according to naucraries. Cleisthenes, in his change of the Solonian constitu- tion, retained the division into naucraries for mili- tary and financial purposes," but he increased theii number to fifty, making five of each of his ten tribes, so that row the number of their ships was increased from forty-eight to that of fifty, and that of horse- men from ninety-six to one hundred. The state- ment of Herodotus," that the Athenians, in Iheir war against jEgina, had only fifty ships of their own, 1. (Xenoph.,DeRepiibl.Ath., 1,2, 20.)— 2. (Hellen., ii., !,♦ 7.)^.3. (Pollux,Onom.,i.,96.— Stui-z,Lex. Xen., ii., p. 321 )— 4. (Polit., ii.,' 6, p. 69, ed. GottUnj.)— 5. (Vid. Weber, " De Qy. tlipo,el L^pefliBmbniorum' reb. Navalib.,"p. 73, <6:c.)— 6. (Polyb., ivii;, I.)— 7. CPolyb., ixx., 8.— Liv., xlv., 25.)— 8.' (Photius, ■, T. Nouxdopia.)— 9. (v., 71.)— 10. (i., 126.)— 11. (Hellen. Alt., i.,.l, p.246.)^12. (B»iih, Publ. Econ., ii., I) 21.)— 13. (Grieck StaalBT.,.p. 269.)— 14. (Pollux, Onom., x., 20.— WachamHth, Hellen, Alt., i., 1, p. 239.— Thirlwall, Hist, of (Jr., ii,. p. 5!.) ■ 15. (PoUui,viii., 108.)— 1«. (Phot., 1. c.)— 17. (vi., 89.) 653 WAUMACHIA. NAUTODICAA. 18 tflus perfectly in accordance with the fifty nau- craries of Cleisthenes. The functions of the former vawpapoi, as the heads of their respective naiicra- ries, were now transferred to the demarchs. (Vid. Demaecui.)' The obligation of each naucrary to equip a ship cf war for the service of the Republic may be regarded as the first form of trierarchy.' As the system of trierarchy became developed and established, this obligation of the naucraries appears to have gradually ceased and to have fallen into dis- use. (Compare Trierarchia.) NAUORA'ROS. {Vid. Nadcraru.) NAVES. ( Vid. Ships.) NAUMA'CHIA was the name given to the rep- resentation of a seafight among the Romans, and also to the place where such, engagements took place. These fights were sometimes exhibited in the circus or amphitheatre, sufficient water being introduced to float ships, but more generally in buildings especially devoted to this purpose. The first representation of a seafight on an extensive scale was exhibited by Julius Caesar, who caused a lake to be dug for the purpose in a part of the Cam- pus Martius, called by Suetonius the " Lesser Code- da :"' this lake was afterward filled up in the time «f Augustus, on accou.it of the malaria arising from the stagnant water in it.* Augustus also dug a lake (stagnum) near the Tiber for the same purpose, and planted around it a grove of trees (jiemus).^ This naumachia was the first permanent one ; it con- tinued to be used after others had been made, and was subsequently called the " vetus naumachia.'" Claudius exhibited a magnificent seafight on the lake Fueinus.' Nero appears to have preferred the amphitheatre for these exhibitions.' Domitian made a new naumachia, and erected a building of stone around it, in which the spectators might sit to see the engagement.' Representations of nau- inachise are sometimes given on the coins of the emperors.'" The combatants in these seafights, called Nau- Taachiarii,^'- were usually captives," or criminals condemned to death," who fought, as in gladiatorial combats, until one party was killed, unless pre- served by the clemency of the emperor. The ships engaged in the seafights were divided into two parties, called respectively by the names of diflier- ent maritime nations, as Tyrlans and Egyptians,'* Rhodians and Sicilians," Persians and Athenians," Corcyrajans and Corinthians, Athenians and Syra- cusans, &c." These seafights were exhibited with the same magnificence and lavish expenditure of human life as characterized the gladiatorial combats and other public games of the Romans. In Nero's naumachia there were sea -monsters swimming about in the artificial lake," and Claudius had a silver triton placed in the middle of the lake Fuei- nus, who was made, by machinery, to give the sig- nal for attack with a trumpet." Troops of Nereids were also represented swimming about." In the seafight exhibited by Titus there were 3000 men engaged," and in that exhibited by Domitian the ships were almost equal in number to two real fleets {pcene justa classei"'^. In the battle on the 1. (Haipocrat., s. r. A Monet, p. 545.) ♦NAUTILUS (vavTih)c). This shell-fish is graph- ically described by Aristotle, Oppian, and Phile. It is the Argonauta Argo, L., or the Paper Nautilus. NA\JTOD'IC\A.(vavToSiKai) are called apxai m magistrates by most of the ancient grammarians,' while a few others call them iSiKaoTai.* The con- current authority of most of them, together with a passage of Lysias,' the only Attic orator who men- tions the nautodicse, renders it more than probable that they were a magistracy. This can be the less doubtful, as the words imil^tiv and rfiKosT^f > are sometimes used of magistrates in their capacity of daayuyeli.^ (Vid. Eisagogeis.) All testimonies of the ancients, however, agree that the nautodicae had the jurisdiction in matters belonging to naviga- tion and commerce, and in matters concerning such persons as had entered their names as members of a phratria without both their parents being citizens of Athens, or, in other words, in the SUm i/tw6puv and dimi ^eviac. The time when nautodlcBe were first instituted is not mentioned, but the fact that they had the jurisdiction in cases where a person had assumed the rights of a phrator, without his father and mother being citizens, shows that their institution must belong to a time when it was suffi- cient for a man to be a citizen if only his father was a citizen, whatever his mother might be, that is, previous to the time of Pericles' (compare Civit.is, p. 259), and perhaps as early as the time of Cleisthe- nes. The nautodicaB were appointed every year by lot in the month of Gamellon, and probably attended to the Skai. e/iwopov only during the winter, whei; navigation ceased, whereas the dkai (cvta; migl.t be brought before them all the year round. It is a well-known fact, that the two actions (dUai kfinopav and (5i'/caj ftviof) which we have here as- signed to the nautodicse belonged, at least at one time, to the thesmothetae." Several modern writers, such as Bockh, Baumstark, and others, have, there- fore, been led to suppose, that all the grammarians who call the nautodicae itpxai are mistaken, and that the nautodicse were not daayuyeif in the cases above mentioned, but SiKaarai. But this mode of settling the question does not appear to us to be as satisfactory as that adopted by Meier and Soho- mann.' In all the speeches of Demosthenes, no trace occurs of the nautodicae; and in the oration against Laeritus," where all the authorities are mentioned before whom such a case as that of Lacritus might be brought, the orator could scarcely have failed to mention the nautodicaB, if they had still existed at the time. It is, therefore, natural to suppose that the dUm e/ivopov, at the time of Philip of Macedonia, when they became di/toi J/j/ii)- voi (vid. EMMHNOI AlKAl), were taken from the nautodicae and transferred to the thesmothetae. And as the Republic could not now think it any longei necessary to continue the ojffice of nautodicae mere- ly on account cf the dUat ^evtac, these latter wcrs likewise transferred to the thesmothetae, and thi office of the nautodicae was abolished. The whole period during which nautodicae existed at Athens would thus comprehend the time from the legisla- tion of Cleisthenes, or soon after, to Philip of Mace- donia. One difiiculty, however, yet remains, for nautodicaj are mentioned by Lucian" in a dialogue 1. (Tacit., Ann., xii., 56.)— 2. (Dion Cass., Ix., 33.)— 3. (Har- pocrat. — Suidas. — Lex. Rhet., s. v. ^avTii5iKai.)—4. (Hesych., s. T.)— 5. (De Pecun. Publ., p. 189, Eremi.)— 6. (Meier, Att Proc, p. 28.)— 7. (Plut., Pcricl., 37.)— 8. (Meier, Att. Proc., p. 64, &c.)— 9. (Att. Proc., p. 85, ic.)— 10. 'p. 940.)— IL (ii., P- 203. ed. Bip.) NEGOTIORUM GESTORUM ACTIO. NEMEAN GAMES. which the author represents as having taken place after the death of Alexander. Those who are un- willing to believe that Lucian here, as in other places, has been guilty of an anachronism, must suppose that the nautodicae were, after their aboli- tion, restored for a time, of which, however, there is no other evidence.' NEURIS, a Fawn's Sltin (from xcSpof, a fawn ; viii. iEais), worn originally by hunters and others as an appropriate part of their dress, and afterward attributed to Bacchus,' and, consequently, assumed by his votaries in the processions and ceremonies which they observed in honour of him.' (Fid. Di- oNTfsiA, p. 363, 365.) The annexed woodcut, taken from Sir Wm. Hamilton's Vases,* shows a priestess of Bacchus in the attitude of offering a nebris to him or to one of his ministers. The works of ancient art otlen show it as worn not only by male and fe- male bacchanals, but also by Pans and Satyrs. It was commonly put on in the same manner as. the tegis or goatskin, by tying the two fore legs over the right shoulder so as to allow the body of the skin to cover the left side of the wearer.' In the Dionysiac processions, the fawn's skin worn by the god, besides its natural spots, which were greatly admired, was enriched with gems.° ♦NEBRI'TES {veSphrK), a precious stone, men- tioned in the Orphic poem. De Laet supposes it sither an agate or a jasper.' NEFASTI DIES. {Vid. Dies, p. 362.) NEGATI'VA, NEGATO'RIA ACTIO. (Kid. CONFESSOEIA AoTIO.) NEGOTIO'RUM GESTO'RUM A'CTIO. This was an action which a man might have against another who had managed his affairs for him in his absence, without being commissioned to do so {sine mandaio). The action was not founded either on contract or delict, but was allowed for convenience' sake (ulilitatis causa). The person whose business was transacted by another, and the person who transacted the business, might severally have an action against one another in respect of that which " ex lona fide alterum alteri prcsstare opoTtet." The 1. (Compare BOckh, Pub]. Boon., i., /) 9.— Baumstark, "De Curatohbus Emporii et Nautodicis apud Athenienses," p. 65- 78.)— 2. (Eurip., Baech., 99, 125, 157, 790, ed. Matth.— Arie- tuph., Eana, 1209.-.Dionys. Perieg., 702, 946.— Rufus Festus ATienas. 1129.) — 3. (Seneca, (Edip., ii., 436. — Bninck, Anal., i., 483.)— 4. (i., 37.)— 5. fOvid, Met., vi., S93.)— 6. (Claud., De ir. cons, lloow., 605.)— 7 lOipheue, De Lapid., 748.) action of the self-constituted agent was sometimes called contraria, by analogy to similar actions in other cases. He was bound to make good any loss that was incurred durine his administration by dolus or culpa, and in some instanoes even losa that had been incurred by casus. On the other hand, he had his action for all expenses properly incurred, and n some cases even if the result was unfortunate ti the absent person ; as if he paid for medical atteni auce on a sick slave, and the slate died, notwithstanding all his care : but various dif- ficuJties might easily be suggested as to such cases as these,' and the rule must be qualified by the condition of the thing undertaken being a thing profitable (to the owner) to be undertaken, though the result might be unprofitable." NEKRODEIPNON. {Vid. Funus, p. 453.) NEKROTHAPTAI. (Vid. Funus, p. 459.) NEKUSIA. ( VU FuNos, p. 458.) NEMEAN GAMES {ve/iea, ve/^ua, or ve^ata), one of the four gr(!/it national festivals of the Greeks. It was held at Nemea, a place near Cleonae in Ar- golis. The various legends respecting its origin are related in the argumenta of the scholiasts to the Nemea of Pindar, with which may be compared Pausanias' and ApoUodorus.* All these legends, however, agree in stating that the Nemea were originally instituted by the Seven against Thebes in commemoration of the death of Opheltes, after- ward called Archemorus. When the Seven arrived at Nemea, and were very thirsty, they met Hypsip- yle, who was carrying Opheltes, the child of the priest of Zeus and of Eurydice. While she showed to the heroes the way to the nearest well, she left the child behind, lying in a meadow, which, c'-ifring her absence, was killed by a dragon. AVhen the Seven, on their return, saw the accident, they slew the dragon, and instituted funeral games {uym> hm- rd^iof), to be held every third year {jpuTripi.no^'y. Other legends attribute the institution of the No- mean games to Heracles, after he had slain the Ne- mean lion j but the more genuine tradition weis that he had either revived the ancient games, or, at least, introduced the alteration by which they were from this time celebrated in honour of Zeus. That Zeus was the god in honour of whom the games were afterward celebrated, is stated by Pin dar.' The games were at first of a warlike char- acter, and only warriors and their sons were al- lowed to take part in them; subsequently, how- ever, they were thrown open to all the Greeks (diijioTLKhv vTiijBo; amid/ja/ic). The games took place in a grove between Gleons and Phlius.« The various games, according to the enumeration of ApoUodorus,' were horse-racing, running in armour in the stadium,' wrestling, chariot-racing and dis- cus, boxing, throwing the spear and shooting with the bow, to which we may add musical contests.' The scholiasts on Pindar describe the agon very imperfectly as hmKo; and yv^viKo^. The prize given to the victors was at first a chaplet of olive- branches, but afterward a chaplet of green parsley. When this alteration was introduced is not certain, though it may be inferred from an expression of Pindar,'" who calls the parsley {aeXtvovj the ffordva XeovTo;, that the new prize was believed to have been introduced by Heracles. The presidency at these games, and the management of them, belong- ed at different times to Cleonoe, Corinth, and Argos, and from the first of these places they are some- times called uyuv KXeuvawg. The judges who awarded the prizes were dressed in black robes. 1. (Dig. 3, tit., 5, s. 10.)- 2. (Dig. 44, tit. 7, s. 5.— Dig. 3, tit 5, De.Negotiis Gestis.) — 3. (ii., 15, ^ 2, &o.) — 4. (iii., 6, 1) i.\ — 5. (Nem., iii., 114.)— 6. (Strabo, viii., 6, p. 210, ed. Tauchn.. — 7. (1. c.)— 8. (Pans., ii., 15, 1) 2.) — 9. (Pans., viii., 50, 4 3-- Plnt., Philop., 11.)— 10. (Nem., vi.,71.) ' G55 NERITLS. NEXUM ind an irdtance of their justice, when the Argives presided, is recorded by Pausanias.' Respecting the time at which th&Nemean games were held, the scholiast on Pindar' merely states that they were held on the 12th' of the month of Panemus, though in another passage he makes a statement which upsets this assertion. ■ Pausanias' speaks of winter Nemea, and manifestly distin^ guishes them from others which were held in sum- mer. It seems that for a time the celebration of the Nemea was neglected, and that they were revived in 01. 53, 2, from which time Eusebius dates the first Nemead. Henceforth it is certain that they were for a long time celebrated twice in every Olympiad, viz., at the commencement of every sec- ond Olympic year in the winter, and soon after the commencement of every fourth Olympic year in the summer. This has been shown by BocHi in an es- say iiber die Zeiiverhaltnisse def Demesth. Rede gegen Midias, in the transactions of the Berlin Acad., 1818, lSl9.—Histor. Philol. Klasse, p. 92, &c.— Com- pare Ideler, Handb. der Chronol., ii., p. 686, &c. About the time of the battle of Marathon, it became customary in ArgoUs to reckon according to Ne- meads. In 208 B.C., Philip of Macedonia was honoured by the Argives with the presidency at the Nemean games,* and Quinctius FlaminiuS proclaimed at the Nemea the freedom of the Argives.' The Emperor Hadrian restored the horse-racing of boyS at the Nemea, which had fallen into disuse. But after this time they do not seem to have been much long- er celebrated, as they are no longer mentioned by anv of the writers of the subsequent period ^ NE'NIA. (FiU FuNHS, p. 459.) NEO'COROI. (Vid.MDnm.) NEODAMO'DEIS. ( Vid. Civit...s, Gbeek, p. 260 ; HsLOTES, p. 492.) INTO'RIA, NEOSOI-KOI. ( Vid. Navalia.) »NEPENTHES (v^Trci-fefl. Among the many conjectures which have been started concerning the Nepenthes, that one appears very plausible which supposes it to have been Opium, or the juice of the Papaver somniferum.'' NEPTUNA'LIA, a festival of Neptune, celebrated at Rome, of which very little is known.* The day on which it was held was probably the 23d cf July. In the ancient ealendaria this day is marked as Nept. ludi et feria, or Nept. ludi, from which we see that the festival was celebrated with games. Respect- ing the ceremonies of this festival, nothing is known except that the people used to build huts of branch- es and foliage (umbra.^), in which they probably feast- ed, drank, and amused themselves." *NE'RION {vnpiov) the Nerium oleander, or Rose- bay. The modern Greek name is mKpoSa^vri. Sib- thorp says it is very common throughout Greece, and that it marks the torrent-bed and fringes the banks of the Ilissus. The flowers are used as an ornament, and cov^r the bazar at Athens. The leaves boiled, or the dried leaves powdered, are employed as remedies for the itch ; boiled in oil, they serve as a liniment for rheumatic pains. In Cyprus it retains the ancient name of liaSoidipvTj, and the Cypriotes adorn their churches with the flowers on feast-days." ♦NERI'TES {vTifjiTtii). According to Rondelet and Gesner, the vripiTri^ of Aristotle is a species of 1. (viii., 40, 1) 3.)— 2. (Ar^um. adNem.)— 3. (ii., 15, 4 2.)'— 4 J,iv., xr™., 30, &c. — Polyb., x., 26.) — 5. (IJt., iiiir., 41. — Polyb.,1.. 26.)— 6. (VU. Villoison, Histoiie de I'Acad. des Inr icript. et JBell. Lett., vol. ixxviii., p. 29, &c. — Schomann, " PIul wchi Agis et Cleomenes," &o,, 1 10.)— 7. (Horn., Od.j iv., 820. ' — Theoplirast. H. P., ix., 15.)— 8. (Varro, De Ling. Lat., v., p. 66, Bipont.)— 9. (Festus, s. v. Umbraj.)^ — 10. (Horat.,.Carm., iii., S8, 1 , Ac- TertuU., De Spect., 6.)— 11; (Dioicof , iv., 82.— Wal- pole's Memoirs, &c., vol' i, p g3».) 656 Concha, whereas that of MMan is i!i specie E c f Cocjkt iea; the C. Nerite, as Adams thirikSj of Linnaius, It is called the Sea-snail.' NEXI. {Vid. Nexdm.) NEXUM is defined by Manilius to be " vmne guoi per libram et as geritur, in quo sint maticipi." Mxt- cius Scaevola has a different definition : " q'uce per ces et libram jvmtut obligentwr, praterguam qua man cipio dentur." Varro,' who has preserved; both these definitions, prefers the latter, as being con- sistent with the etymology of the word; "jjiod obligaiur per libram; neque suum sit; inde N.exum diet., tur." As an illustration, he adds : " laberguisuai operas in servitutem pro pecunia quam debeat dot, ium solmret, nexus vocatur,. ut ab are obeeratus."' The difference in thesedefinitions arises solely from the different aspect under which the nexum is viewed.^ Every nexum was in the form of a sale, and, con- sequently, viewed as to i^ts formal part, nexum com- prehended mancipium. The testamenti factio ■was also included under nexum. Viewed as to its ob- ject and legal effect, nexum was either the trans- fer of the ownership of a thing, or the transfer of a thing to a creditor as a security : accordingly, in one sense, nexum included mancipium, as explained in Mancipium ; in another sense, mancipium and nexum are opposed in the same w^y in iwhich sale and mortgage or pledge are opposed. The formal part of both transactions consisted, in a transfer per ees et libram. This explanation, is, consistent with the definitions of the jurists\and the uses of these two words. The person who became nexus by the effect of a nexum or nexus (for this form of the 'word also it used) was said nexum inire.' The phrases nexi datio, nexi liberatio, respectively express the con- tracting and the release from the obligation. The Roman law as to the payflient of borrowed money (pecunia certa crcdila*) was very strict A curious passage of GelUus*. gives us the aucient mode of legal procedure in the case of debt, as fixed by the Twelve Tables, If the debtor admitted the debt, or had been condemned in the amount of the debt by a judex, he had thirty days allowed him for payment. At the expiration of this time he was liable to the manus injectio {vid. ManusInjEctio), and ultimately to be assigned over to the creditor {addictus) by the sentence of the praetor. The creditor was required to keep him for sixty days in chains, during which time he publicly exposed the debtor on three hundinae, and proclaimed the amount of his debt. If no person released the prisoner by paying the debt, the creditor might sell .him as a slave or put him to death, if there were several creditors, the letter of tlie law allowed them to cut the debtor in pieces, and to take their.shafe of his body in proportion to their debt. GeUius says, that there was no instance of a creditor ever having adopted this extreme mode of satisfying his debt. But the creditor might treat the debtor, wha ■jv-^s addictus, as a slave, and cOmpel him to work out his debt ; and the treatment was often very severe. It is remarkable, that in this passage GeUius dojg not speak of nexi, but only of addicti; which is sometimes alleged as evidence of the identity, o' nexus and addictus, but it proves no such identity. If a nexus is what he is here supposed to be, Iho law of the Twelve Tables could not apply; for when a man had once become nexus with respect to one creditor, he could not become nexus to an- other ; and if he became nexus to several at once, in this case the creditors must abide by their con: tract in taking a joint security. , This law of the Twelve Tables only applied to the case of adebtoi 1. (Adams, Append., s. v.) —2. (De LiSg. Lat.*, vi., S.) — & (Liv , vii., 19.)-4. lYU. Lct Gall. Ciaalp.j SI, 29 I ^. (ii., l.) PJEXtJS. IVEXUS. being assigmed over by a judicial sentence to sev- era. creditors, and it provided for the settlement of their conflicting claims. The distinction between a nexum and a res judicata is obvious enough, though some writers have missed it. The precise condition of a nexus has, however, been a subject of much discussion among scholars, and it is not easy to reconcile all the passages in which the term occurs so as to deduce from them a consistent view of the matter. Sometimes, in- deed, nexus appears to be used in the same sense a3 addictus, which cannot cause any difficulty if we consider that the effect of being nexus and ad- dictus was the same, as will presently be made probable. .\s a nexum was effected per aes et libram, it was in the form of a sale, and, of course, there was an object of sale; and this object of sale might be a thing or a person. A free man. could not prop- erly be the object of a sale, but it requires only a shght acquaintance with Roman law to perceive that this difficulty could be got over by a fiction. As in the ccise of manumission per vindictam there was a fiction that the slave was free, so there might here be a fiction that the freeman was a slave. And if this is not admitted as a probable solution, it cannot be denied that there is as much difficulty in understanding the coemtio of a fe- male, who was sui juris, which, as a legal fact, is quite certain, as the formal sale of a freeman with his consent. The notion of a freeman giving him- self into the power of another, so far from being foreign to the notions of Roman law, as some vnri- ters have asserted, is perfectly consistent with them, as we see in the instance of adrogation. The nexum, then, being in the form of a sale, the nexus was in a servile condition as a necessary consequence of the nexum, and the opinion that there must be an addictio to give effect tp the nex- um is inconsistent with the notion of the nexum. According to this view, a nexus, as soon as the contract of nexum was made, was in the condition of an addictus, and both were treated as slaves. But it has been urged that " one cannot discover any reason for this self-pledging (nexum), since every insolvent, even when there was no nexum, must become his creditor's slave (addictus), and how can we understand that the abolition of the nexum was such an advantage gained by the plebeians,' if the addictio still remained, which might be obtained when there was no nexum; and it cannot be de- nied that it did remain 1" The advantage consists precisely in the difference between a contract which cannot be enforced against a person without the forms of legal proceeding, and a contract which at once gives a man a power over his debtor without any application to a court of justice. The effect of the abolition of the nexum, in this its special sense, while the addictio still existed, may be illustrated by the supposed case of a landlord's remedy for the recovery of his rent by distress being abolished, wliile his other remedies under the contract for let- ting and hiring remained. It is rsmariied by Gottling," that " the compari- son of the adrogatio and the adoptio gives the clearest proof of the correctness of Savigny's view, who rejects the notion of a freeman pledging him- self. In the case of the adrogatio of a Roman, who is sui juris, there was no mancipatio which such person could effect of himself; but in the case of adoption, a mancipatio occurs, and it is effected by the living father and the son together. In the case of coemtio, it certainly appears as if the woman Of herself effected a self-mancipation ; she, however, i» not herself auctor, but her guardian is auctor." I (liiT., viii., 260—2. (Gescb. der R8ni. Stastsverfassuiig.) 40 There may be some weight in this observation, tne point of which appears to be this : there was man cipatio in the case of adoption, where the adopted person was in the power of another, but no manci- patio in the case of adrogation, where the adopted person was not in the power of another. The tacit conclusion, then, seems to be, that if in one oase there was no mancipatio, and yet a person was brought into the power of another with his owh consent, there could be no mancipatio when a pei- son consented to put himself into a servile relation to another ; for it is here assumed that a nexum was voluntary. But this is not a legitimate con- clusion. \\ is easy to see that mancipatio in the case of adoption, where the son was in the power of the father, was a sufficient form, considering Ihat the person adopted was only a filiusfamilias ; and that adrogation, which was of a person who was sui juris, was a very different matter, and required other forms to be observed, because the person ad- rogated was not a filiusfamilias. (Yid. Adoptios.) A nexum effected no change of familia, like an adoption or adrogation ; and, while its object was different from that of both of these ceremonies, it is quite consistent for its form to have been the same as the form of the one, and different from the form of the other. The mode in which Gottling' explains this mat- ter of the nexum is as follows : "A free citizen can come into a mancipii causa when he cannot pay a loan (), Snow, was used by the Greeks and Romans in various ways as an accompaniment to their meals in warna ■ses'lier. Tbe great antiquity of the practice is shown by Athensus.* They drank water cooled by the admixture of snow.' Also, when the wine was mixed in the vase (vid. Gkatkh), snow was poured into it instead of water, so as to cool and to dilute it at the same time.' Fragments of ice were put into the cups of wine with the same view.' Another method of applying the snow was by passing wine through a strainer or colander filled with snow ; by this process the wine was also ren- dered clear.' The " nimbus vitreus," mentioned by Martial,' seems to have been a glass colander, which was filled with snow so as to look like a cloud, and from which the wine, after passing through the snow, descended in a shower. Moreover, we learn 1. {II., 1.)— 2. (Gesoh. des R8ra. Rechts, p. 64S, n. 6.) — * (Adams, in Euinb. Med. and Surg. Jouixal, No. 113.— Id., A» pend., s V.)— 4. (iii., 97-99.)— 5. (Mart., lii., 17.— Id., iiv., IIT . —Cell., iii., 5.)-6. {Mart., v., 66. — Plin., Epist., i., 15.)--T (Athen., xiii., 43. — Seneca, Epist., 79.— Id., Qu. Nat, iv.', 1'3-r Pacatiis, Theodm: Pan., 14.)— 8. (Mart., ii., 23 ; liT 103, 104 —Seneca, De D; f. Prov.. 3.)— 9. (liv., 112.) NOMEN. NOMEN. that the water which was poured upon the hands of the guests before a splendid dinner was sometimes cooled with snow.' In consequence of this abundant use of snow and ice, they became articles of traffic." They were brought to Rome in carts and wagons, kept in ice- house:,' and surrounded with chaff and shaggy blankets to prevent them from melting,* agreeably to '.he practice still adopted in many parts of Europe and Asia. (Kid. Psyleter.) NODUS, in a special sense, was applied to the following parts of dress : I. The knot used in tying on the scarf {md. Chlamys) or other article consti- I tuting the Amiotus. This was often effected by the j aid of a brooch (vid. Fibula), a ring, or some jewel,' , but frequently in the method shown in the woodcut I of Diana at page 245. II. The knot of hair (Kopuu.- I 6of , npuSiloQ), either at the top or at the back of the I head, adopted by both sexes in fastening their long hair, which was turned upward or backward for the purpose {crine rursus adducto revocare nodo*). Exam- ples may be seen in the woodcuts at p. 29 1 , 292, 3 1 4, 443. III. The knot of leather worn by boys of the poorer classes at Rome instead of the golden Bulla. NOMEN (GREEK) (ovofia). The Greeks, as is well known, bore only one name,' and it was one of the especial rights of a father to choose the names for his children, and to alter them if he pleased.' It was customary to give to the eldest son the name of the grandfather on his father's side. The history of Greece contains many instances of this custom, and Sositheus' says, " I gave to my eldest son, as is just {anTrep xal SiKdiov iarc), the name of my fa- ther."" What custom was generally followed with regard to the other children may be inferred from the same passage, for Sositheus goes on to say, that he called his second son after the name of his wife's father, the third afler a relative of his wife, and the fourth son after his own grandfather on his mother's 6ide. Mothers seem also sometimes to have as- Bumed the right of giving the names to their chil- dren," and it may be that, as in the case described by Aristophanes,'' sometimes a quarrel arose be- tween the parents, if they could not agree upon the name to be given to a child. A boy also sometimes received the name of his father, as in the cases of Demosthenes and Demades, or one similar to that of his father. Nausinicus thus called his son Nau- siphilus, and Callicrates called his son Callistratus." A similar method was sometimes adopted in the names of several brothers ; thus two brothers, in the speech of Lysias against Diagiton, are called Di- odotus and Diogiton. In some cases, lastly, the name of a son was a patronymicon, formed from the name of the father, as Phocion, the son of Phocos. The day on which children received their names was the tenth afler their birth.'* According to some accounts, a child received its name as early as the seventh, or even fifth day after its birth. {Vid. Am- PHiDROMiA.) The tenth day, called Sekutti, however, was a festive day, and friends and relatives were invited to take part in a sacrifice and a repast, whence the expressions StKarriv ■&vnv and SsKarriv ianqv. If in a court of justice proofs could be ad- duced that a father had held the SeKiitt;, it was suf- ficient evidence that he had recognised the child as tie own." 1 (Potron., Sat, 31.)— 2. (Euthydes ap. Athen., 1. c— Plin., H. N., nil., 4, 19.)— 3. (Seneca; 1. c.)— 4. (Plutarch, Sympos,, »i., 6.)— 5. (Vitg., .Sn., i., 320; Ti., 301 ; li., 776.— Claud., De Rapf. Pros., ii.,40.)— 6. (Seneca,, (Edip., ii. — Virg., Xm, iy., 136. ^Hor., Epod., xi., 28.) — 7. (Pans., vii., 7, « 4.) — 8. (De- mosth., c. Boeot,, i., p. 1002-1006.— Id., c Macart., p. 1075, ssOMEN NOMEN. viua, where, iclording to Dionysius,' Attius is the Hvo/iii avyyst erticov. Dionysius, however, must be uiistaken in making Navius an ovo/ia npoa^yopiKov, if he meant this to be the same as the Roman prae- nomen, which the name Navius never was. In all probability, therefore, both Attius and Navius are nomina gentilicia. A third instance seems to be Minatius Magius,' the son of Decius Magius. This practice must have been very common among the Sabines, for in most cases in which the two names of a person have come down to us, both have the termination ius, as Marius Egnatius, Herius Asi- nius,' Statius Gellius,* Ofilius Calavius. A more complete list of such Sabine names is given by Got- tling,° who supposes that a son bore the two nomi- na gentilicia of his father and mother only as long as he was unmarried, and that at his marriage he only retained the nomen gentilicium of his father, and, instead of that of his mother, took that of his wife. Of this, however, there is not sufficient evi- dence. Thus much is certain, that the Sabines at all times had two names, one a real prsenomen, or a nomen gentilicium serving as a prasnomen, and the second a real nomen gentiUcium, derived from the gens of the father. The Sabine women bore, as we have seen in the case of Paculla Minia, like- wise two names, e. g., Vestia Oppia, Faucula Clu- via,' but whether, in case they both terminate in ia, they are nomina gentilicia, and whether the one, as Gottling thinks, is derived from the gens of the woman's father, and the other from that of her hus- band, cannot be decided. Many Sabines appear also to have had a cognomen besides their praenomen und nomen gentilicium ; but, wherever this occurs, 'he prajnomen is generally omitted, e. g., Herennius Bassus,' Calavius PeroUa," Vettius Cato,' Insteius Cato, Popaedius Silo, Papius Mutilus." Such a cog- nomen must, as among the Romans, have distin- guished the several familiae contained in one gens. The Latins in the earliest times had generally only one name, as is seen in the instances adduced by Varro," Romulus, Remus, Faustulus, to which we may add the names of the kings of the aborigi- nes (Latins), Latinus, Ascanius, Gapetus, Capys, Procas, Numitor, Amulius, and others. When, therefore, Varro and Appian say that the earliest Romans had only one name, they were probably thinking of the Latins. There occur, indeed, even at an early period, Latins with two names, such as Geminus Metius, Metius SufFetius, Vitruvius Vac- cus, Turnus Herdonius, &c. ; but these names seem to be either two nomina gentilicia, or one a nomen gentilicium and the other a cognomen, and the Lat- ins do not appear to have had genuine prsenomina, such as occur among the Sabines, and afterward among the Romans. The Etruscans in the Roman historians generally bear only one name, as Porsenna, Spurinna, which apparently confirms the opinion of Varro ; but on many urns in the tombs of Etruria, such names ter- minating in na are frequently preceded by a praeno- men. Miillcr," and Gottling," who follows him, are of opinion that no Etruscan ever bore a nomen gen- tilicium, and that the names terminating in na are mere cognomlna or agnomina. Niebwhr," on the other hand, thinks, and with more probability, that the Etruscan na corresponds to the Sahine and Ro- man ius, and that, accordingly, such names as Por- senna, Spurinna, Caecina, Perperna, Vibenna, Er- genna^Mastarna, &c., are real nomina gentilicia. I. (iii., p. 203.)— 2. (Veil. Piitcrc, ii., 16.)— 3. (Appian, Bell. Civ., i., 40.)— 4. (Liv., ix., 44.)— 5. (Gesch. der Rrira. StaatBV , p. 6, note 3.)— 6. (Liv., xxvi., 33.)— 7. (Liv., xxiii , 43.)— 8. (Liv., xxxiii., 8.) — 9. (Appian, Bell. Civ., i., 40.)— 10. (Veil Patere., ii., !6.)— 11. (ap. Val. Max., 1. c.) - 12. (Etruslt., i., p. From this comparison of the three original tribe^ it is clear that, when the Romans became nnitei into one nation, they chiefly followed the custom o/ the Sabines, and perhaps that of the Latins." Ori- ginally every Roman citizen belonged to a gens, and derived his name {nomen or nomen gentilicium) from his gens. The nomen gentiliciuion generally termi- nated in ius, or with a preceding e, in eius, which ia later times was often changed into ceus, as Annius, Anneius and Annseus ; Appuleius and Appulaeus. Nomina gentilicia terminating in ilius or elius, some- times change their termination into the diminmive illus and ellus, as Opillus, Hostillus, QuintiUus, and Ofellus, instead of Opilius, Hostilius, Quintilius, and Ofelius.' Besides this nomen gentilicium, every Roman had a name, called praenomen, which prece- ded the nomen gentilicium, and which was peculiar to him as an individual, e. g., Gaius, Lucius, Marcus, Cneius, Sextus, &c. In early times this name was given to boys when they attained the age of puber- tas, that is, at the age of fourteen, or, according to others, at the age of seventeen," when they receiv- ed the toga virilis.* At a later time it was custom- ary to give to boys a praenomen on the ninth day after their birth, and to girls on the eighth day. This solemnity was preceded by a lustratio of the child, whence the day was called dies luslricus, diei nominum, or nominalia.' The praenomen given to a boy was in most cases that of the father, but some- times that of the grandfather or great-grandfatlier. Hence we frequently meet with instances like M. TuUius, M. F., that is, Marcus Tullius, Marci filiiis, or C. Octavius, C. F., C. N., C. P., that is, Caius Octavius, Caii filius, Caii nepos, Caii pronepos. Sometimes, however, the prajnomen was given without any reference to father or grandfather, &c. There existed, according to Varro, about thirty prie- nomina, while nomina gentilicia were innumerable. These two names, a praenomen and a nomen gen- tilicium, or simply nomen, were indispensable to a Roman, and they were, at the same time, sufficient to designate him ; hence the numerous instances ol Roinans being designated only by these two names, even in cases where a third or fourth name was possessed by the person. Plebeians, however, in many cases, only possessed two names, as C. Ma- rius, Q. Sertorius, Cn. Pompeius, &c. The prasno- men characterized a Roman citizen as an individ- ual, and gave him, as it were, his caput {vid. CiPUi) at the time when he received it. As women had not the full caput of men, they only bore the fem- inine form of the nomen gentilicium, as Cornelia, Sempronia, TuUia, Terentia, Porcia, &c. In later times, however, we find that women also sometimes had a praenomen, which they received when they married, and which was the feminine form of the praenomen of their husbands, such as Caia, Lucia, Puhlia.' Caia Caecilia, the wife of L. Tarqiiinius, if the name be historical, is an exception to this 'ule.' When Macrobius' states that girls received their name (he evidently means the praenomen) on the eighth day after their birth, he alludes, as in the case of boys receiving theirs on the ninth day, to an innovation of later times, and among the female praenomina given at such an early age. we may reck- on Prima, Secunda, Tertia, Quarta, Postnma, &c.* Vestal virgins, at the appointment to their prirst hood (caplio), when they left the patria potestas. re- ceived, like married women, a praenomen, e. g-,Ca.m Tarratia or Caia Suffetia." 1. (Val. Max., L c.)— 2. (Horaf., Sat., ii , 2, 3, ct passim.)—* (Gellius, X., 28.) — 4. (Fest., s. v. Pubes. — Sc^vola ap. VaJ. Max., 1. 0.)— 5. (Macrob., Sat., i., 16. — Tprtull., De Idolol, 0.) —6. (Scuevola ap. Val. Max., 1. c.) — 7 (Val. Max, .. o — V«i Cir., Pro Mursen., 12,)— 8. (1. c.)— 9. (VaiTO, De Litlg. Liit., Vlii,, 413, &(■.)— 13. (1. c, p. 31.; — 14 (Hist, of Rome, i., 381, notn p. 141, Bipont.— Suet., Jul., 50.— J. Capitol., Max. et Balb., ».l K2, and p 500, note 1107.) _10. (Plin., H. N., xxxiv.. 11.) 660 NOME^. NOMEN. Every Roman citizen, besides belonging to a gens, was stlso a member of a fanulia contained in a gfcns, and, as a member of sucli a farailia, he had or might have a third name or cognomen. Such cog- nomina were derived by the Romans from a varie- ty of mental or bodily peculiarities, or from some remarkable event in the life of the person who was considered as the founder of the familia. Such cog- nomina are Asper, Imperiosus, Magnus, Maximus, Publicola, Brutus, Capito, Cato, Naso, Labeo, Cae- cus. Cicero, Scipio, Sulla, Torquatus, &c. These namea were in most cases hereditary, and (descend- ed to the latest members of a familia ; in some cases they ceased with the death of the person to whom they were given for special reasons. Many Romans had a second cognomen {cognomen secan- ium or agnomen), which was given to them as an honorary distinction, and in commemoration of some memorable deed or event of their life, e. g., Africanus, Asiaticus, Hispallus, Cretensis, Macedo- nicus, Numantianus, &c. Such agnomina were sometimes given by one general to another, some- times by the anny and confirmed by the chief gen- eral, sometimes by the people in the comitia, and sometimes they were assumed by the person him- self as in the case of L. Cornelius Scipio Asiaticus. Sometimes also, a person a lopted a second cogno- men which \^ as c'erived from the name of his mother, as M. Porclus Cato Salonianus or Saloninus, who was the son of M. Cato Censorius and of Salonia.' The regular order in which these names follow- ed one another was this : 1. prsenomen ; 2. nomen gentilicium : 3. cognomen primum ; 4. cognomen secundum or agnomen. Sometimes the name of the tribe to which a person belonged was added to his name, in the ablative case, as Q. Verres Ro- milia," C. Claudius Palatina,^ Ser. Sulpicius Lemo- nia.* No one was allowed to assume a nomen gentilicium or a cognomen which did not belong to him, and he who did so was guilty of falsum.' It must have been in comparatively few cases that persons had a fourth name or agnomen ; but the three others were, at least at a late period, when he plebeian aristocracy had become established, chought indispensable to any one who claimed to belong to an ancient family.^ In the intercourse of common life, however, and especially among friends and relatives, it was customary to address one an- other only by the praenomen or cognomen, as may be seen in the letters of Cicero. It was but very seldom that persons were addressed by their nomen gentilicium. The most common mode of stating the name ot a person, in cases where legal accuracy was not the object, was that of mentioning the prsenomen and cognomen, with the omission of the nomen gentilicium, which was easily understood. Thus Caius Julius Cssar would, during the better ages of the Republic and in familiar address, be called Caius, otherwise Gains Caesar, or even Caius Julius, but never Julius Caesar, which was only done during the latter period of the R.epublic and under the Empire, &.- iii Albius TibuUus, Cornelius Nepos, Meneniiw Agrippa, &c. A very common mode cf stating the name of a person during these latter times was that of merely mentioning the cog- noxai.n, provided the person bearing it was suffi- ciently known oi notorious, as we speak of Milton and Johnson, without adding any other distinction, although there are many persons bearing the same name. The most common of these cases among the Romans are Verres, Carbo, Cato, Caepio, Cicero, Caesar, Sulla, &c. In the time of Augustus and Tiberius, it became very common to invert the an- 1. (Gelljus, xiii.,19.— Hut.;Cat. Miij.,24.).-2. (Cic. in Verr., i^8.)— 3. (Cic. in Verr., ii., 43 )— 4. (Cic, P lilip., ix., 7,)— 5. (Dig. 48, tit. 11, s 13,)-fi, (Juv , ' , J87.) cient order of nomen and cognomen, and lo jay, «. g., Drusus Claudius, or Silvanus Plautius, instead of Claudius Drusus and Plautius Silvanus. - Roman women had likewise sometimes a cogno- men, although instances of itare very rare. It was sometimes, like that of men, derived from personal peculiarities, such as Rufa and Pusiha ;= sometimes from the nomen gentilicium of their husbands, as Junia Claudllla, Ennia Naevia,' Livia Oceliina,* and sometimes from the cognomen of their husbands, aa Caecilia Met^Ua. During the latter part of the Republic and the early period of the Empire, when the Roman fran- chise was given to whole countries and provinces, the persons who thus acquired the civitas frequent- ly adopted the praenomen and nomen of the person through whose interest they had obtained the dis- tinction, or of the emperor himself After the time of Caracalla (A.D. 212), when all the free inhabitants of the Empire had obtained the Roman franchise, and wher t he gentihcian relations which had already gradually fajler into oblivion were totally forgotten, any person might adopt what name he pleased, either ancient or newly invented, and even change his name if he did not like it ;= and henceforth the ancient Roman names disappear from the history of the Empire with incredible rapidity. If a person, by adoption, passed from one gens into another, he assumed the praenomen, nomen, and cognomen of his adoptive father, and added to these the name of his former gens, with the termi- nation anus. Thus C. Ootavius, after being adopted by his uncle C. Julius Caesar, was called C. Julius Caesar Octavianus, and the son of L. yEmilius Paullus, when adopted by P. Cornelius Scipio, wag called P. Cornelius Scipio jEmilianus. ( Yid. Auop- TioN, Roman.) There were, however, two gen- tes, viz., the gens Antonia and the gens Flaminia, which, in case of any of their gentiles being adopt- ed into another gens, took the termination inut instead of anus, as Antoninus and Flamininus, in- stead of Antonianus and Flamlnlanus. Sometimes, also, the cognomen of the former family was re- tained, and added, without any alteration, to the name of the adoptive father, as in the case of Q. Servilius Caepio Brutus.' This was only done in case the cognomen was of great celebrity ; and it sometimes underwent a change in the termination. Thus Claudius Marcellus, when adopfeil by Corne- lius Lentulus, was called Cornelius Lentiilus Mai- celllnus.' If one man adopted two broibers, the adoptive father mighj^hoose any praenomen at his discretion, In order to distinguish his adoptive sons from each other. Thus, when Augustus adopted the two sons of Agrii'pa, he gave to the one the praenomen Gains, and to the other the praenomen Lucius.' During il>o rarly period of the Empire, it appears to have somrlimes occurred that a person, when adopted inir another gens, added his own nomen gentilicium without any alteration, to ihat of his adoptive father, as in the cases of C. Pli.i.us Caecilius Secundus and L. .iElius Aurelius Coinmo- dus.' Besides this, many other Irregularities oc- curred in cases of adoption during the period of the Empire, but it is not necessary for our purpose ta enumerate them here. Slaves had only one name, and usually retained that which they had borne before they came into slavery. If a slave was restored to freedom, he re- ceived the praenomen and nomen gentilicium of his former master, and to these was added the name 1. (Veil. Paterc, ii., 97, 113.)— 3. (Horai., Sat., ii., 3, 216 )_ 3. (Suet., Calig:., 12.)— 4. (Suet,, Galb., 3.)— 5. (Cod. 9, tit. 2iS I 6. (rckhel, Doctr. Num., rol. »„ p. 59.)— 7. (Eckhel, Doctr Nun- ., vol. v.. p. 59 and p. 187.)— 8. (Veil. Putero., ii., 06.)— O (Piou Cass. I Excetpt., lib. Ixxii,, c. 15 ^ 661 NOMOS. NOMOS. whicli he had had as a slave. He became thus, in some measure, the gentilis of his former master, in as far as he had the same nomen gentilioium, but he had none of the other claims which a freeborn gentilis had.' Instances of such freedmen are Ti- tus Ampius Menaniler, a freedman of T. Ampius Balbus ;" L. Cornelius Chrysogonus, a freedman of L. Cornelius Sulla ;' M TulliuS Laurea and M. Tul- lius Tiro, freedmen of M. Tullius Cicero. It appears, however, that the emancipator sometimes avoided giving to his freedman his nomen gentilicium, for Dion Cassius* mentions a freedman of J. Gassar whose nomen gentilicium is Licinius. If the state emancipated a servus publicus, and gave him the franchise at the same time, any praenomen and no- men were given to him, or he took these names from the magistrate who performed the act of emancipation in the name of the state, and then received a cognomen derived frum the name of the city, as Romanus or Romanensis ' NOM1SMAT02 AlA)y this name appear to have been infe- rior functionar-fts (a sort of police), whose business !t was to prevent ''■regularities and disturbances in the public assemblies Even their existence has been doubted by modei.? writers: some think they have been confounded \ti*a the ^ea/io6sTat. An- other hypothesis is, that the vffice was never intro- duced until the time of DeratKiUS Phalereus, who, when he was invested with the aatiiority of lawgiver by Cassander, gave to the Eleven the additional duty of watching the conduct of all the other ma- gistrates, with a view to introduce a more aristo- cratical government. In favour of this opmiou, :t has been observed, that the office of vo/io^la/cet .s only mentioned by grammarians, and they refer to Dinarohus, who was the friend and contemporary of Demetrius '" NOMOS (vo/iOf). This word compreheiids the notion not only of established or statute law, but likewise of all customs and opinions to which long prescription or natural feeling gives the force of law ; as Eurip'-fes" expresses it, to h xf'ovu /iaKpifi vofii/iov ael (jivaei re iztdvKog. In the heroic ages. 1. (Cic, Top., 6.)— 2. (Oic. ail Fam., xiii., 70.)— 3. (Cic.,Pro Rose. Am., 2, &o.)— 4. (lif.j 21.)— 5. (VaiTo, De Ling. Lat., vii,, p. 124, &e., Bipont, — Liv., iv.. 61.)— 6. (Demostli., c. Le[»t., p. S08.— Id., c. Timocr., p. 765, cfec.)— 7. (Vid. Petitus, Leg. Att., I. 510.)— 8. (SohBmann, Ant. Jur. Pub. Gr., p. 130.— Plato, .eg; Ti„ p. 252.— Xen., CEcon,, ix., 14.)— 9. (Arist., Pol., vi., 5, sub fin. — Andoc, De Myst., ll.)^0. (Fid. Schneider's note to Aristotle, Pol„vi., 5, 4 ip.— Waohsrnutb, i., 1, p. 209.— Meier, Att. Proc., p. 68-73.)— 11, (Baoch., 893 ) 662 ' L before the period of authentic history bcgias, wd find in the Homeric and other poems traces nf 3 general belief among the Greeks that governmem ought to be controlled by law. As even ilie si> preme God was supposed to be subject to a hijflie( power. Fate or 'Avayx^, so the Aiorpe^^j ^aoijliii was bound to govern according to the rules of jus tice, dix^, vofiog, ebvofiiri} Govensment, though monarchical and hereditary, was neverthelesslim. ited, tm fitiTol; ycpaat.' The monarchs were f,vf. TopeQ riii /ledovTs^, bound to consult for the good 0/ their people, and to listen to the -idvice of thei> counsellors, or the chief men of the state (yip&Sui uvaKTE^, &c.), and also to administer justice, djtoc ^e/uaTa(;, evdixlai.' These notions of law and justice were necessa- rily vague. The regal power, though limited in practice, appears to have been absolute in theory, and, as such, was easily liable to be abused. We find complaints of the abuse of power in Hesiod;' and Waohsmuth' remarks that the Odyssey con- tains indications of a struggle of the nobility against the sovereign. That many beneficial concessions were made by the kings to their people before the age of authentic history, is not improbable. The changes introduced by Theseus may be considered in this light. But the first great step towards the establishment of constitutional law appears to have been taken by the Athenians, when they abridged the power of the Medontidae, and rendered govern, raent responsible, rriv ^aaAeiav /jtereaTriaav d; up;pit iirevBwoi'.' The transition from customary or traditionarj law to lixed civil ordinances must have taken plac* gradually. When people came to unite in oitiej {avvuxi^ovTo), and form compact societies, they be- gan to feel the necessity of having permanent lawj to define and secure their civil rights. The notion soon sprang up that society was formed for the good of all classes, '''he expression to mtvov, for- merly applied to natioi.a' leagues and confederacies,' came to denote a uniu'ii; i-ody of citizens, and equal laws were claimed for !>li From this body, indeed, were excluded all suoh psreons as came under the definition o{ wepioiicui, provincials," or serfs, like the Helots, and all slaves of every kind. It vsas only the townsman (Tro^in/j-) and the freeman who could enjoy the privileges of a citizen. The emigrant {ari/i'^To; /leTavaaTTJg), though, if he became a resi- dent (/iiTOLiioc), he was, upon certain conditions, admitted to the protection of the law, was never placed on the same footing as the native. Before any written codes appeared, law was promulgated by the poets or wise men, who sang the great deeds of Ibeir ancestors, and delivered their moral and political lessons in verse. Such was the fi^Tpa (declared law) of Sparta and Taren- tum. The laws of Charondas were sung as skoAio it Athens.' The inUuenae exercised by these men arose in a great mei.^u -e from the belief that they were divinely inspired, "v nower which was ascribed to most of the ancient N "■■^lakers. Thus the laws of Minos were said to 'ee .1 ;",7fclation from lupiter;" Lycurgus was the coniloout of the Delphic god; Zaleucus of Pallas." Some h-Tve supposed that Iha use of v6/io(, in the sense of iarn, was derived from the circumstance of laws havin.j first been in veise, as the same word denotes measure or tune. But this is not surprising, when we consider that pria 1. (Horn., Od., ivii., 487.— F nd., Pyth., ii., 15".- Herod.,iii, 38.— Hes., Op. etD., 274.)— 1. (Thucyd , 1, l.t.)- 3. (n., ii.i 660.— lb., xvi., 542.— Od., xix., 1.— Ib.,iv., 689.)— 4. (Op. etD, 39, 258.)— 5. (Hell. Alt., I., i., c. 18.)— 6. (Pans., iv., 5, J 10.)- 7. (Herod., v., 109.)— 8. (Hei d., vi., 58.— fd., ii., lJ.)-« (.Slian, ii., 39.— Arist., Prolil., lix., 28 - Athenasus, xi' ', p. 619 — Wacbsmuth, Hell. Alt., 1., i., p. 201, 208.)— iO. (Piiusan., iii 2, 1) 4,)— 11. (Wachsmuth, I., i., p. 204.) iSOMOS. NOMLTHETJES. elples of harmony are necessary not only to music and poetry, but to the adjustment of the various re- lations of civil society ; and both meanings may well be derived from ve/ieiv (distribuere suum cuique). As civilization advanced, lavfs vpere reduced to writing, in the shape either of regular codes or dis- tinct ordinances, and afterward publicly exhibited, engraved on tablets, or hevra on columns.' The first written laws we hear of are those of Zaleucus. ' The first at Athens were those of Draco, called &eauoi, and by that name distinguished from the vo/ioi of Solon." From the origin of this word, one would suppose that it signified ordained or stat- ute law, TEdelc vo/io; : but it is frequently used like ^i/itc, in the sense of natural right or social usage.* The six inferior archons were called ^eaiioderai., because a great variety of causes fell under their cognizance, and, in the absence of a written code, those who declare and interpret the laws may be properly said to make them.' The laws of Lycurgus were not written. He enjoined that they should never be inscribed on any other tablet than the hearts of his country- men.' Those of Solon were inscribed on wooden tablets, arranged in pyramidal blocks turning on an axis, called ufoi^ef and KwpSeif.' They were first hung in the Acropolis, but afterward brought down to the Prytaneum.' Archives were established for the custody of Athenian laws in the temple of the mother of the gods (kv r^ /iiiTp6<^), with a public servant (S^/ioaiog) to take care of them.' Others were hung up in various public places, so that any citizen might have access to them, to read or take extracts. For instance, laws which concerned the jurisdiction of the archon were hung up in his of- fice ; those which concerned the senate (fiovXevnuol vofLoi) in their council-room, and so on.'" After the expulsion of the thirty tyrants, in the archonship of Euclides, a decree was passed by the assembly to restore the ancient laws, and appoint a committee to revise them, and propose any alterations or ad- ditions that might seem necessary. The new and old laws were all to be written out in the enlarged Ionian alphabet, which had not come into use in Solon's time ; and the whole code, thus revised, was transcribed on the walls of the portico (eif -njv aro- av dv'iypaTpav). At the same time it was enacted that no magistrate should be allowed to use an un- written law (,dypdably antecessor at Constantinople. •fhere is also another collection of 134 novellae In a Latin version made from the Greek text. This collection is generally called Liber Authenticorum : the compiler and the time of the compilation are unknown. This collection has been mjtde inde- pendently of the Greek compilation. It is divided Into nine collationes, and the collationes are divi- ded into tituli. The most complete work on the history of the Novellae is by Biener, Gesckichle der Novellen. See also Beytrag zur lAtterar-Gesckichte ' des Novellen- Ausxugs von Julian, Von Haubold, Zeitschrift, &c., iv. NOVEMBER. {Vid. Calendar, Roman.) NQVENDIA'LE (sc. sacrum) was the name given to two different festivals. I. It was the name of a festival lasting nine days, which was celebrated as often as stones rained from heaven. It was origi- nally instituted by TuUus Hostilius, when there was a shower of stones upon the Mons Albanus, and was frequently celebrated in later times.' II. This name was also given to the sacrifice perform- ed nine days after a funeral. {Vid. Fdnus, p. 462.) NOVI HO'.MINES. After the senate and the 1. (Const , Cordi., s. 4.)— 2. (Liv., i., 31.— Id., ixi., 62.— Id., Mv., 7.— Id , ixvi., 23.— Id., !tivii., 37.— Id., nil.. 34.) fiPfi hi,4' er offices of the state were opened to the p1» beians, a new order of nobles arose, and the term Nobiles was applied to those persons whose ances- tors had been magistratus curules. (Vid.Mkon TRATos.) Those persons, on the contraa-y, whose ancestors had not been so distinguished, were call- ed Ignobiles ; and when those who belonged to the latter class obtained any of the higher magistracies, they were called Novi Homines, or upstarts.' The nobiles attempted to keep all the higher offices of the state in their own body, and violently opposed all candidates who did not belong to their order.' Some of the most distinguished men in the state were, however, novi homines, as T. Coruneanius, who lived before the first Punic war, Sp. Carvilius' M. Cato, Mummius, the conqueror of Achaia, C. Ma- rius, and Cicero.' NOVI O'PERIS NUNTIA'TIO. (Vid. Operu Novi Ndntiatio.) ♦NOUME'NIUS ivovfi^vioc:), " the name of a bird mentioned by Hesychius. Gesner supposes it to be the Curlew, or Arquata of Latin authors. Lin- naeus forms the scientific name of the Curlew by the junction of the Greek and Latin names, i. e., Nume nius Arquata.'"' NOXA. (Fid. NoxALis Actio.) NOXA'LIS ACTIO. Ifafiliusfamiliasoraslave committed theft or injuria, the person injured had a noxalis actio, or a legal remedy for the noxa or wrong done to him, against the father {paterfamili- as) or the ovmer of the slave, as the case might be, but he had no action against the son or the slave. The word noxa (from noc-eo) properly signified in jury done ; in its legal sense it comprehended every delictum.' The father or the master might either pay damages to the injured person, or surrender the offender to him. The surrender of the offendei was expressed by the phrase "noxae dare or de- dere ;" and the acceptance of the offender in satis< faction of the injury was expressed by the phraso "noxae accipere :" in these expressions "noxa" does not mean "punishment," as is sometime! supposed, but the meaning of the expression is, that the person was surrendered in respect of or as a compensation for his noxa. In the Institutes,' noxa is defined to be the person or thing that does the mischief, and noxia the mischief that is done. Noxales actiones were given both by leges atid by the edict. In the case of furtum they were giv- en by the Twelve Tables, and in the case of dam- ni injuria by the lex Aquilia. In the case of injuriae and of vi bonorum raptorum, they were given by the edict. This action was said " caput sequi," which is thus explained by instances : if a son or slave committed noxa, the action was against the father or owner, so long as the offender was in his power ; if the offender became sui juris, the injured party had a directa actio against him ; and if ho came into the povver of another person, that othei person was liable to the action. If a paterfamilias committed a noxa, and was adopted (adrogated), the actio, which was originally against him (directa), became an action against the adopting person. A paterfamilias or master could have no action against a son or slave in respect of a noxa done to him, the ground of which was that no obligatio could be contracted between such parties ; and as ths foundation of all obligatio was wanting in such case, it followed that there could be no action against such son or slave if Ue became sui jurist nor aj ainst another person intc whose power he might come If another person's slave or son committed uoxb., I. (Cic, 0. I^bII., ii., 1, !.— Id., Pro Cluent., 40.— Appian, D« BeU. CiT., ii., 2.— Elut., Cat. Maj., 1.)— 2. (Liv., xxii., 34, 35.- Id., xixii., 41.— Sallust, BeU. Jug., 73.)— 3. (Veil. Paf., ii., laa — Walter, Gesch. dos Roiti. Rechts, p. 125. ) — 4. (Adams, Ap pend.. • T.)— 5. (Dig. ."in tit 16. s ^l' )— 6. (iv., 'it.a) NUNDIN^. NUNDIN^. wiO. tien came into the power of the injured per- son, it was a question between the two schools whether the right of action was extinguished, or only suspended so as to revive in case the offending party was released from the power of the injured person. Tlie opinion of the Proculiani, which was in favour of the suspension only, appears more con- sistent with the principles on which this right of action wa« founded. The mooe of the " noxse deditio" was by manci- patio. The Proculiani contended that three man- cipationes were required by the law of the Twelve Tables {vid. Emanoipatio) ; but the Sabiniani con- tended that the law only applied to the case of vol- untary mancipations, and that one mancipatio was sufficient. If the father or owner made no defence to a nox- alis actio, the offender was given up by a decree of the praetor to the injured person, and thus became his praetorian property (in bonis). Jt several slaves committed theft, the edict required the master to pay only the amount of damage wliich *ould be payable in case a single freeman had committed the theft. Justinian abolished the noxae datio in the case of children, observing that it appeared from the an- cient jurists that there might be an action against a filiusfamUias in respect of his delicts.' NUDIPEDA-LIA. ( Vid. Calceds, p. 189.) NUDUS (yviivbg). These words, besides deno- ting absolute nakedness, which was to be avaime- Xovoc Kol dxiTuv," were applied to any one who, be- ing without an Amictus, wore only his tunic or in- dutus.' In this state of nudity the ancients per- formed the operations of ploughing, sowing, and -eaping.' Thus Oincinnaattus was found naked at the plough when he was called to be dictator, and gent for his loga that he might appear before the senate.^ The' accompanying woodcut is taken from an antique gem in the Florentine collection, and shows a man ploughing in his tunic only. The light and thin clothing of Het^k^ was denoted by the use of the same epithets." ( Vid. Coa Ves- TIS.) This term, applied to the warrior, expressed the absence of some part of his armour.' Hence the light-armed were called yuftv^Tes. ( Vid. Arma, p. 94.) NUMMULA'HII or NUMULA'RII. (Vid. Men- 8ARII.) NUMMUS or NUMUS. (Vid. Sesteetius.) NUNCUPA'RE. (Ki(J. Testamentum.) Nir'NOIN-t; is invariably and justly derived by all the ancient writers from novem and dies, so that it literally signifies the ninth day.' In ancient ca- lendaria, all the- days of the year, beginning with the first of January, are divided into what we may call " 1. (Gaius, iv., 75-79.— Instit., iv., lit. 8.— Dig. 9, lit. 4.) — 2. (Compiire Mosohus, iv .98.)— 3. fAristoph., Eccles., 409.— John, Dci., 7.)— 4. (lies., Op. et D.. 391. — Proclus, ml loo. — Virg., Georg., i., 299.- Sdnrius, aj loc. — jBlian, V. H., vi., 11. — Id., dii., 27.— Matt., xxiv , 13.) —5. (Plin., H. N., sviii., 4. — Aur. Victor, Do Vir. Illost., 17.— Liv., iii., 26.)— 6. (Atbiiii., xiii., 24, 15.)- r. (Horn., II., xxi., 50.— Jus., Ant. jud.. vi., 2,» 2.— Geil., 5.,.1S. — Xen., De Rep. Lac., xJ.. 9.) — 8. CDionys. Hal., Ant. 'tarn., Tii., p. 463 — "icrob.. Sat., i.| 16. — Festua, 8. v. Nundi- MiImi Cocum ' weeks, each containing eight days, -v. aie'i. arc nark ed by the letters A, B, C, D, E, F, G, H. Now it i admitted on all hands that this division 's made t mark the nundinae, for every eighth day, accormni to our mode of speaking, was a nund nee. Then were thus always seven ordinary days hetwee: two nundinae. The Romans, in their peculiar rood of reckoning, added these two nundinae to the sev en ordinary days, and, consequently, said that thi nundinae recurred every ninth day, and called then TiundintB, as it were novemdinie. A similar inodi of stating the number of days in a week is still cua tomary in Germany, where, in common life, thi expression eigki days is used for a week, and thi French and Italians, in the same manner, call a fort night guinze jours and quindici giorni. The number of nundinae in the ancient year o ten months was 38 ; and care was always takei that they should not fall on the calends of Januar nor upon the nones of any month,' and, in order t effect this, the 355th day of the lunar year (dies in lercalaris) was inserted in such a manner as t avoid the coincidence of the nundinae with the pri mae calendae or the nones. Macrobius says that i was generally believed, that if the nundinae fe upon the primae calendae, the whole year would b signalized by misfortunes ; the nones were avoide because the birthday of King Servius TnJIius wa celebrated on the nones of every month, as it wa known that he was born on the nones cif som month, though the month itself was not knowi Now, as on the nundines, the country-folk ^plebe; ans) assembled in the city, the patricians feare lest the plebeians assembled at Rome on the none might become excited, and endanger the peace c the Republic. These reasons are, indeed, very ue satisfactory, as Gottling" has shown, and it is mor probable that the calends of January were ill sui( ed to be nundinae, because this day was general! spent by every father in the bosom of his own fan; ily, and that the nones were avoided because, a Ovid^ says, Nonarum tntela dec caret. But at th tin-.c when the Julian calendar was introducet these scruples, whatever they may have been, wer neglected, and in several ancient calendaria th nundinae fall on the iirst of January as well as o the nones. ( Vid. Graev., Thcsaur., viii., p. 7, an the calendarium given in the article Calendar Both before and after the time of Caesar, it wa sometimes thought necessary, for religious reasoni to transfer the nundinae from the day on Which the should have fallen to another one.' The nundini themselves were, according to Plutarch,' sacred t Saturn, and, according to Granius Licinianus,' th Flaminica offered at all nundinai a sacrifice of ram to Jupite;. It is uncertain to whom the institution of th nundina; is to be ascribed, for some say that it wa Romulus,' and others that it was Servius TuUius who instituted them, while the nature of the thing for which they were originally set apart seems t show that their institution was as old as the Ro'mi lian year of ten months, or, at least, that tney wei instituted at the time when the Roman populatio extended beyond the precincts of the city itsel For the nundinae were originally market-days fc the country-folk, on which they came to Rome t sell the produce of their labour, and on which th king settled the legal disputes among them. Whei therefore, we read that the nundina; were feria? c dies nefasti, and that no comitia were allowed to b 1. (Macrob., Sat.,i., 13.— Dion Cass., il., 4'/".— Id., llviii., 33 —a. (Gesch. der Riira. Staatsv p. 183.) — 3. (Fairt., i., 58.) — (Dion Cass., lx.,24.)— 5. (C liEBt. Rura., p. 275, B.) — 6. (a Macnib., Sat., i., 16.) — 7. (louyf. Hal., ii., p. 98, ed. Syll - Taditanus ap. Macrob., Sat 1. c.) — 8 (Cassius IKemih* % Macrob., 1. c.) 667 NTMPRiE. OATH. held, we have to understand this of the populus, and not of the plebes ; and while for the populus the nundinae were ferias, they were real days of busi- ness {dies fasli or comitiales) for the plebeians, who on these occasions pleaded their causes with mem- bers of their own order, and held their public meet- ings (the ancient comitia of the plebeians) and de- bates on such matters as concerned their own or- der, or to discuss which they were invited by the aenate.' How long this distinction existed tbat the aundinac were nefasti for the patricians and fasti for the plebeians, is not quite clear. In the law of the Twelve Tables they appear to have been re- garded as fasti for both orders,' though, according to Granius Licinianus,^ this change was introduced at a later time by the lex Hortensia, 286 B.C. This innovation, whenever it was introduced, facilitated the attendance of the plebeians at the comitia cen- turiata. In the ancient calendaria, therefore, the nundinae and dies fasti coincide. The subjects to be laid before the comitia, whether they were pro- posals for new laws or the appointment of officers, were announced to the people three nundinae be- forehand {trinundino die proponere*). The nundinae being thus at £iU times days of business for the plebeians (at first exclusively for them, and afterward for the patricians also), the proceedings of the tribunes of the people were con- fined to these days, and it was necessary that they should be terminated in one day ;' that is, if a prop- osition did not come to a decision in one day, it was lost, and if it was to be brought again before the people, the tribunes were obliged to announce it three nundines beforehand, as if it were quite a new subject. Instead of nundina, the form nundinum is some- times used, but only when it is preceded by a nu- meral, as in trinimdinum or trinum nundinum. (See Ihe passages above referred to.) It is also used in the expression i?Ucrnundinum or inter nundinum, that is, the time which elapses between two nun- dinsB." The word nundinae is sometimes used to designate a market-place, or a time for marketing in general.' NU'NDINUM. (7R NoNDiNiE.) NUNTIA'TIO. ( Vid. Operis Novi Nuntiatio.) NU'PTI^. {Vid. Marriage, Roman.) *NYCT'ER1S (j/ti/crepif), the common Bat, or Vespertilio murinus. " It is not improbable," re- marks Adams, " that the upirvm of the ancient po- sts was the Vespertilio spectrum, or Vampyr.'" *NYCTIC'ORAX {vvicriKopa^, a bird described by Aristotle and other ancient authors. " The Nycticorax of modern naturalists is a species of Heron, but the vvKTuwpa^ of Aristotle would rath- er appear to have been a species of Owl. It might be supposed the Strjjx nyctea, or Great White Owl, if it were ascertained that it is found in the south CI Europe.'" *NYMPH^A {vv/itpuia), a plant. " The descrip- :ion of it," says Adams, " which is given by The- ophrastus, is not sufficiently precise to enable us to determine whether he meant to apply it to the Nymphma alba or the lutea, i. e., the White or the Yellow Water Lily. The two species described by Dioscorides are referable to the two species of Nymphaa which we have mentioned. The Nym- phaa lutea is now held to be a distinct genus, and 1. (I>5ny«. Hal., vii., p. 463. — Maorob., 1. c— Plin., H. N.. iviii , S.'—Fe'f.as, s. v. Nundinas. — Compare Niebuhr, Hist, of Borne, ii , j.aiS, t 3.)— 16. (^lian, V. H.. rly.. 3.)-IT. (Herod., It., 201 » •• 18. (11..ix., 313.) OATH OATH. nal gods or Furies ;' and we find many proofs of a persuasion that perjurers would not prosper in this world.' One of the cnost striking is the story told by Leutychides to the Athenians of Glaucus the Spar- tan, who consulted the Pythian oracle whether he should restore a deposite, or deny on oath that he had ever received it ; and who, for merely deliberating upon such a quejttori; was cut off with his whole family.' Anciently the persor. who took an oath stood up, and lifted his hands to heaven, as he would in prayer ; for an oath was a species of prayer, and •equifcd the same sort of ceremony.* Oaths were frequently accompanied with sacrifice or libation.' Both uacrifice and libation are used in the compact of the Greeks and Trojans in II., iii., 276. The victims on such occasions were not eaten, but, if isacrifioed by the people of the country, were buried . r, 1) 4.)— 3. (Dig. 15, tit. 5, s. 15.)- -4.' (Dig. 2, tit. 4, fr . 1.)— 5. (Gaius.ii., 31.) 675 OBSOOTUM. GCREA. ed on a causa. Some of these obligatory pacta were the foundation of an actio ciTilis, and some of them were protected by the praetor : ait praetor : " Pacta conventa qua neque dolo malo neque adversus leges plebisdta senatus consulta edicta decreta princi- pum neque quo fraus cut eorum fiat facta erunt servor 40.'" The parties to a pactum were said "pacisci." Anything might be the subject of a " pactum" which did not involve an illegality. If an illegal pactum was made, it was still illegal, though it had been confirmed by a stipulatio or any other form. The matter relating to pacta is not arranged in the Di- gest under the head of Obligationes et Actiones,' but in the same book with the titles De Jurisdic- tione, &o. Savigny contends that the notion of agreement, or of contract in its general sense {vertrag), is too narrowly conceived by jurists in general. He der fines agreement to be the "union of several persons in one concordant declaration of will whereby their legal relations are determined." Consequently, the notion of contract or agreement must be extended to other things than to contracts which produce obligationes : for instance, tradition is characterized by all the marks of an agreement ; and the fact that the declaration of their will by the parties to the tradition is insufficient to effect complete tradition without the external act by which possession is ac- quired, does not in the least affect the essence of the agreement. In like manner, easements (servi- tutes) take their rise from agreement. The imper- fect conception of an agreement has arisen from not separating in some cases the obligatory agreement from those acts for which such obligatory agree- ment is generally a preparation, and of which it is an accompaniment. This becomes more apparent if we consider the case of a gift, which is a real agreement, but without any obligation : it is merely a giving and receiving by mutual consent. This general notion of agreement is contained in the words of rjlpian already quoted, in which he de- fines pactio to be " duorum plv/riumve" &o. It does not seem, however, that the Romans applied the terms pactio, pactum, and conventio to any agree- ments except those which were the foundation of obligationes.' PoUicitatio is a proffer or offer on the part of a person who is willing to agree (pollicitatio offerentis solius promissum''). A pollicitatio, of course, cre- ated no obligatio. The word is frequently used with reference to promises made by a person to a state, city, or other body politic, such as the prom- ise to erect a building, to exhibit public shows, &c. Such pollicitationes were binding when there was a causa, as a promise made with reference to a dig- nity {honor) conferred or to be conferred. A pollici- tatio sine causa was also oWigatory if the person began to do what he had promised, as if he laid the foundation of a building or cleared the ground (Huic theatro ex privaiorum poUicilationibus multa de- benture). A person who vowed anything was also bound (voto ohligatus). (Gains, iii., 88, &,c.—Inst., iii., tit. 13, &c.— Dig. 47, tit. 7, De Ohligationibus et Aclionibus. — Miihlen- bruch, DoctrinaPandectarum, lib. iii.,X>e Obligation- ibus. — ^MarezoU, Lehrbuck, &c. The matter of ob- ligationes is arranged' by Gans, System des Romis- chen Civilrechts, p. 60, Vom ObligalionenreCht.) OBOLUS. {Vid. Deachma.) OBSIDIONA'LIS CORONA. (Vid. Corona, p 309.) ^ OBSO'NIUM. (Vid. Opsonium.) 1. (Dig. 3, tit. 14, s. 7.)-2. (Dig. 44, tit. 7.)-3. (Savignv, System^ des^Heut; H»m. Hechts, iii.)— 4. (Dig. 50, tit. '" ~' -5. (Fii.Plin., Epist.,j 676 , 48 —Id. :b., t., 12.) , >. 3.) OCCUPATIO. The word is used by Cicero' to express, the acquisition of ownership by occupation or the taking possession of that which has no own' er. Among the modes of acquiring ownership " natural! ratione," that is, by such means as are in all nations aQfenowledged to be lawful means of ac- quiring ownership. Gains" enumerates the taVins possession of those things quae nuUins sunt, as an- imala of the chase, birds and fishes, and such thingo ave saii " occupantis fieri."^ *OCHNE (oxvri), the Pear-tree, or Pyrus comnu.. nis. Theocritus has o^var. {yid- PirRtfs.)* *OCHRA (axP")' our Yellow Ochre, i. e., tha ochrey brown iron ore of Jameson. It was much used by the ancient painters, and likewise as a medicine.' *OCHRUS (. OLYMPIAD. OLYIIPIAJ; tera also speak of events as happening in the first, B.C. 01. B.C. 01. B.C. 01. seoond, third, or fourth year, as the case may be, of 494. 3. 419. 2. 344. 109. ■. a certain olympiad ; but others do not give the sep- 493. 4. 418. 3. 343. 2. arate years of each olympiad. The rules for con- 492. 72. 1. 417. 4. 342. 3. certing olympiads into the year B.C., and vice ver- 491. 2. 4:6. 31. 1. 341. 4. la, are given under Calendar (GbeekI, p. 191 ; but. 490. 3. 415. 2. 340. UO. 1. as this is troublesome, we subjoin for the use of the 489. 4. 414. 3. 339. 2. student a list of the olympiads, with the years of the 488. 73. 1. 413. 4. 338. 3. Christian sera corresponding to them, from the be- 487. 2 412. 92 1. 337. 4 ginning of the olympiads to A.D. 301. To save 486. 3. 411. 2. 336. 111. 1. space, the separate years of each olympiad, with the 485. 4. 410. 3. 335. 3 corresponding years B.C., are only given from the 484. 74. 1. 409. 4. 334. 3 47th to the 126th Olympiad, as this is the most im- 483. 2. 408. 93. 1. 333. 4. portant period of Grecian history ; in the other 482. 3. 407. 2. 332. 113. 1. olympiads the first year only is given. In consult- 481. 4. 406. 3. 331. 2. ing the following table, it must be borne in mind that 480. 75. 1. 405. 4. 330. 3. the Olympic games were celebrated about midsum- 479. 2. 404. 94. 1. 329. 4. mer (vid. Olympic Games), and that the Attic year 478. 3. 403. 2. 328. 113. I. commenced at about the same time. If, therefore, 477. 4. 402. 3. 327. 2. an event happened in the second half of the Attic 476. 76. 1. 401. 4. 326. 3. rear, the year B.C. must be reduced by one. Thus 475. 2. 400. 95. 1. 325. 4. Socrates was put to death in the 1st year of the 474. 3. 399. 2. 334. 114. 1. : 5th Olympiad, which corresponds in the following 473. 4. 398. 3. 323. 2. table to B.C. 400 ; but,' as his death happened in 472. 77. 1. 397. 4. 322. 3. Tbargelion, the 11th month of the Attic year, the 471. 2. 396. 96. 1. 321. 4. year B.C. must be reduced by one, which gives us 470. 3. 395. 2. 320. 115. 1. B.C. 399, the true date of his death. 469. 4. 394. 3. 319. 2. B.C. 01. B.C. 01. B.C. 01. 468. 78. 1. 393. 4. 318. 3. 776. 1. 1. 590. 3. 542. 3. 467. 2. 392. 97. 1. 317. 4. 772. 2. 1. 589. 4. 541. 4. 466. 3. 391. 2. 316. 116. 1. 768. 3. 1. 588. 48. 1. 540. 60. 1. 465. 4. 390. 3. 315. 2. 764. 4. 1. 587. 2. 539. 2. 464. 79. 1. 389. 4. 314. 3. 760. 5. 1. 586. 3. 538. 3. 463. 2. 388. 98. 1. 313. 4. 756. 6. 1. 585. 4. 537. 4. 462. 3. 387. 2. 312. 117. 1. 752. 7. 1. 584. 49. 1. 536. 61. 1. 461. 4. 386. 3. 311. 2. 748. 8. 1. 583. 2. 535. 2. 460. 80. 1. 385. 4. 310. 3. 744. 9. 1. 582. 3. 534. 3. 459. 2. 384. 99. 1. 309. 4. 740. 10. 1. 581. 4. 533. 4. 458. 3. 383. 2. 308. 118. 1. 736. n. 1. 580 50. 1. 532. 62, 1. 457. 4. 382. 3. 307. 2. 732. 12. 1. 579. 2. 531. 2. 456. 81. 1. 381. 4. 306. 3. 728. 13. 1. 578. 3. 530. 3 455. 2. 380. 100. 1. 305. 4. 724. 14. 1. 577. 4. 529. 4 454. 3. 379. 2. 304. 119. 1. 720. 15. 1. 576. 51. 1. 528. 63. 1. 453. 4. 378. 3. 303, 3. 716. 16. 1. 575. 2. 527. 2. 452. 82. 1. 377. 4. 302. 3. 712. 17. 1. 574. 3. 526. 3. 451. 2. 376. 101. 1. 301. 4. r08. 18. 1. 573. 4. 525. 4 450. 3. 375. 2. 300. 120. 1. r04. 19. 1. 572. 52. 1. 524. 64. 1. 449. 4. 374. 3. 399. 2 700. 20. 1. 571. 2. 523. 2. 448. 83. 1. 373. 4. 398. 3 696. 21. 1. 570. 3. 522. 3. 447. 3. 372. 102. 1. 397. 4. 692. 22. 1. 569. 4. .521. 4. 446. 3. 371. 2. 296. 131. 1. 688. 23. 1. 568. 53. 1. 520. 65. 1. 445. 4. 370. 3. 295. 3. 684. 24. 1. 567. 2. 519. 2. 444. 84. 1. 369. 4. 294. 3. 680. 25, 1. 566. 3. 518. 3. 443. 2. 368. 103. 1. 293. 4. 676. 26. 1. 565. 4. 517. 4. 442. 3. 367. 2. 292. 123. 1. 672. 27. 1. 564. 54. 1. 516. 66. 1. 441. 4. 366. 3. 291. 3. 668. 28. 1. 563. 2. 515. 2. 440. 85. 1. 365. 4. 290. 3. 664. 29. 1. 562. 3. 514. 3. 439. 2. 364. 104. 1. 289. 4. 660. 30. 1. 561. 4. 513. 4. 438. 3. 363. 2. 288. 133. 1. 656. 31. 1. 560. 55. 1. 512. 67. 1. 437. 4. 362. 3. 287. 3. 652. 32. 1. 559. 2. 511. 2. 436. 86. 1. 361. 4. 286. 3. 648. 33. 1. 558. 3. 510. 3. 435. 2. 360. 105. 1. 285. 4. 644. 34. 1. 557. 4. 509. 4. 434. 3. 359. 2. 284. 134. 1. 640. 35. 1. 556. 56. 1. 508. 68. 1. 433. 4. 358. 3. 283. 3. 636. 36. 1. 555. 2. 507. 2 432. 87. 1. 357. 4. 282. 3 632. 37. 1. 554. 3. 506. 3. 431. 2. 356. 100. 1. 281. 4 628. 38. 1. 653. 4. 505. 4. 430. 3. 355. 2. 380. 135. 1 624. 39. 1. 552. 57. 1. 504. 69. 1. 429. 4. 354. 3. 279. 2. 620. 40. 1, 551. 2. 503. 2. 428. 88. 1. 353. 4. 278. 3. 616. 41. 1. 550. 3. 502. 3. 427. 2. 352, 107. 1. 277. 4 612. 42. 1. 549. 4. 501. 4. 426. 3. 351, 2. 276. 126. 1, 608. 43. 1. 548. 58. 1. 500. 70. 1. 425. 4. 350. 3. 275. S. 604. 44. 1. 547. 2. 499. 2. 424. 89. 1. 349. 4. 274. a 600. 45, 1. 546. 3. 498. 3. 423. 2. 348. 108. 1 273. 4, 596. 46. ;. 545. 4. 497. 4. 422. 3. 347. 3. 272. 127. 1 B92. 47. 1. 544. 59. 1. 496. 71. 1. 421. 4. 346. 3. 268. 128. 1 591 2. 543. 2. | 495. 2. 420. 90. 1, 345. 4. 264. 139. 1. K7n OLYMPIC GAMES. OLYMPIC! GAMES. tt.o . B.q Ol A.D 01, 260. 130. 68. 178. I. 1;17. 224. 1 256. 131. 64. 179. 1. 121. 225. 1 352. 132. 60. 180. 1. 135. 226. 1. 248. 133. 56. 181. 1. 129. 227. 1. 244 134, 52. 183. 1.. 1,33. 328. 1. 240 135. 48. 183. 1. 137. 229. 1. 236, 136. 44. 184. 1. 141. 230. 1. 232 137. 40. 185. 1. 145. 231. 1. 228 138 36. 186. 1. 149. 232. 1. 224 139. 33. 187. 1. 153. 233. 1. 220. 140. 28. 188. 1. 157. 234. 1. 216. 141.. 24. 189. 1. 161. 235. 1. 212. 142. 30. 190. 1. 165. 336. 1. 208. 143. 16. 191. 1. 169. 237. 1. 304. 144. 13. 192. 1. 173. 238. 1. 200. 145. 8. 193. 1. 177. 239. 1. 196. 146. 4. 194. 1. 181. 240. 1. 192. 147. 185. 241. 1. 188 148. A.D. 01 189. 242. 1. 184. 149 1. 195. 1. 193. 243. 1. 180. 150. 1, 5. 196. 1. 197. 244. 1. 176. 151. 9. 197. 1. 201. 245. 1. 172. 153. 13. 198. 1. 205. 246. 1. 168. 153. 17. 199. 1. 209. 247. 1. 164. 154. 21. 200. 1. 213. 248. 1. 160. 155. 25. 201. 1. 317. 249. 1. 156. 156. 39. 202. 1. 221. 250. 1. 152. 157. 1, 33. 203. 1. 225. 351. 1. 148. 158. 37. 204. 1. 339. 252. 1. 144. 159. 41. 205. 1. 333. 253. 1. J40. 160. 45. 206. 1. 237. 354. 1. 136. 161. 49. 207. 1. 241. 255. 1. 132. 162. 53. 208. 1. 245. 256. 1. 128. 163. 57. 209. 1. 249. 257. 1. :24. 164. 61. 310. 1. 253. 258. 1. 130. 165. 65. 211. 1. 257. 359. I. 110. 166. 69. 212. 1. 261. 360. 1. 112. 167. 73. 213. 1. 265. 361. 1. 108. 168. 77. 214. 1. 269. 362. 1. 104. 169. 81. 215. 1. 273. 363. 1. 100. 170. 85. 216. 1. 277. 364. 1. 96. 171. 89. 217. 1. 281. 365. 1. 92. 172. 93. 318. 1. 285. 266. 1. 88. 173. 97. 219. 1. 289. 267. 1. 84. 174. 101. 330. 1. 293. 268. 1. 80. 175. 105. 321. 1. 297. 269. 1. 76. 176. 109. 323. 1. 301. 270. 1. 72. 177. 113. 333. 1. Many of the ancient writers did not consider his- tory to begin tUl the Olympiad of Coroebus, and regarded as fabulous the events said to Jiave occur- red in preceding times.' The old olympiad sera appears only to have been used by vn-iters, and especially by historians. It does not seem ever to have been adopted by any state in puWic documents. It is never found on any coins, and scarcely ever on inscriptions. There are only two inscriptions published by Bockh in which it appears to be used.' A new olympiad aera, how- ever, came iiito use under the Roman emperors, which is found in inscriptions and was used in public documents. This aera begins in 01. 327, 3 (A.D. 131), in which year Hadrian dedicated the Olympieion at Athens ; and, accordingly, we find 01. 227, 3, spoken of as the first olympiad, 01. 228, 3 (A.D. 135), as the second olympiad, &c.' OLYMPIC GAMES {'OUfima), the greatest of the national festivals of the Greeks. It was cele- brated at Olympia in Elis, the name given to a small plain to the west of Pisa, which was bounded on 1. (CenBorinus, De Die Natal., c. 21. — African, ap. Euseb., P»Kp., X., 10, p. 487, D.— Clinton, Fast. Hell^, vol. ii., Introd., M. ii.)— 2, (Cjrp. Insciip., n. 2682, 2999,)— 3. (Corp. Inscrip., n. Wa, 446, 1345.— Krarae, Olympia, p. 60, &o.— Wnrm, De Pond , *ii . i 94, Sea.) 680 the north and northeast by the mountains Cromtu Md Olympus, on the south by the rivsr Alpheai, and on the west by the Cladeus, which flows into the Alpheus. Olympia does not appear to have been a town, but rather a collection of temples and public buildings, the description cf which does not come within the plan of this woik. The origin of the Olympic games is buried ir. obscurity. The legends of the Elean priests attrib. uted the institution of the festival to the Hasan Heracles, and referred it to the tivne of Cronos. According to their account, Rhea committed her newborn Zeus to the Idaean Dactyli,, also called Curetes, of whom five brothers, Heracles, Paeons- us, Epimedes, lasius, and Idas, came from Ida in Crete to Olympia, where a temple had been erected to Cronps by the men of the Golden Age ; and Hera- cles, the eldest, conquered his brothers in a footrace, and was crowned with the wild olive-tree. Heracles hereupon established a contest, which was to be celebrated every five years, because he and his brothers were five in number.' Fifty years after Deucalion's flood they said th^t Clymenus, the son of Cardis, a , descendant of the Idsean Heraoles, came from Crete and celebrated the festival ; but that Endymion, the son of jEthlius, deprived Cly. menus of the sovereignty, 3nd offered the kingdom as a prize to his sons in the footrace ; that, a gen- eration after Endymion, the festival was celebrated by Pelops to the honour of the Olympian Zeus; that when the sons of Pelops were scattered through Peloponnesus, Amythaon, the son of Cretheus and a relative of Endymion, celebrated It; thaMo him succeeded Pelias and Neleus in conjunction, then Augeas, and at last Heracles, the son of Amphitry- on, after the taking of Elis. Afterward Oxylus is mentioned as presiding over the games, and then they are said to have been discontinued till their revival by Iphitus." Most ancient writers, howevei^ attribute the institution of the games to Heracles, the son of Amphitryon,' while others represent Atreus as their founder.* Strabo" rejects all these legends, and says that the festival was first instituted after the return of the Heraclidae to the Peloponnesus by the .Stolians, who united themselves with the Eleans. It is im- possible to say what credit is to be given to the an- cient traditions respecting the institution of the festival; but they appear to show that religious festivals had been celebrated at Olympia from the earliest times, and it is difficult to conceive that the Peloponnesians and the other Greeks would have attached such importance to this festival, unless Olympia had long been regarded as a hallowed site. The first historical fact connected with the Olym- pian games is their revival by Iphitus, king of Elis, who is said to have accomplished it with the assist- ance of Lycurgus, the Spartan lawgiver, and Cle- osthenes of Pisa ; and the names of Iphitus and Lycurgus were inscribed on a disc in commemora- tion of the event, which disc Pausanias saw in the Temple of Hera at Olympia." It would appeaj from this tradition, as Thirlwall' has remarked, that Sparta concurred with the two states most interest- ed in the establishment of the festival, and mainly contributed to procure the consent of the other Pel- oponnesians. The celebration of the festival may have been discontinued in consequence of the troubles consequent upon the Doric invasion, and we are told that Iphitus was commanded by the Delphic oracle to revive it as a remedy for intestine commotions and for pestilence, with whict Oreeea 1. (Pans., T., 7, « 4.)— 2. (Paus., v., 8, 1) 1, 2.)— 3, (ApoUod., ii., 7, ^ 2.— Diod. Sic, iv., 14. — Compare Strabo, viii.; p. 385,)— 4. (Yell. Paterc, i., 7.— Hermann, Pol. Ant., « 23,°n. 10.)-* (viii., p. 354, 355.)— 6. (Paus., v., 4, M ; t., 20, i I.— Plot., lH carg., 1, 23.)-7, (Hist, of Greece, ii., p. 386.i OLYMPIC GAMES. Ol,YMPIC GAMES. vraa then afflicted. Iphitus thereupon induced the Eleans to sacrifice to Heracles, whom they had for- merly regarded as an enemy, and from this time the games were regularly celebrated.^ Different dates are assigned to . Iphitu* by ancient writers,^ some placing his revival of the olympiad at B.G.i 884, and others, as Callimachus, at B.C. 828.= The interval of four years between each celebration of the festival was called an olympiad ; but the olym- jiads, were not employed as a chronological sera till the victory of Corcebus in the footrace, B.C. 776. (Vid. Olympiad.) The most important point in the renewal of the festival by Iphitus was the establishment of the ixexetpia, or sacred armistice, the formula for pro- claiming which was inscribed in a circle on the disc mentioned above. The proclamation was made by_ peace-heralds {aTroviofopnt), first in Elis and after- ward in the other parts of Greece ; it put a stop to all warfare for the month in which the games were celebrated, and which was called Icpo/itivia. The territory of Elis itself was considered especially sa- cred during its continuance, and no armed force could snter it without incurring the guilt of sacri- lege. When the Spartans, on one occasion, sent forces against the fortress Phyrcum and Lepreum during the existence of the Olympic truce (h rale: 'Ohi/iTTLaKai; awovSalc), they were fined by the Eleans, according to the Olympic law, 2000 minse, being two for each Hoplite.' The Eleans, however, pretended not only that their lands were inviolable daring the existence of the truce, but that, by the original agreement with the other states of Pelo- ponnesus, their lands were made sacred forever, and were never to be attacked by any hostile force ;* and they farther stated that the first violation of their territory was made by Pheidon of Argos. But the Eleans themselves did not abstain from arms, and it is not probable that such a privilege would have existed without imposing on them the corre- sponding duty of refraining from attacking the ter- ritory of their neighbours. The later Greeks do not appear to have admitted this claim of the Eleans, as we find many cases in which their country was made the scene of war.' The Olympic festival was probably confined at first to the Peloponnesians ; but, as its celebrity ex- tended, the other Greeks took part in it, till at length it became a festival for the whole nation. No one was allowed to contend in the games but persons of pure Hellenic blood ; barbarians might be specta- tors, but slaves were entirely excluded. All persons who had been branded by their own states with atimia, or had been guilty of any offence against the divine laws, were not permitted to contend." When the Hellenic race had been extended by col- onies to Asia, Africa, and other parts of Europe, persons contended in the games from very distant places ; and in later times a greater number of conquerors came from the cplonies than from the mother-country. After the conquest of Greece by the Romans, the latter were allowed to take part in the games. The emperors Tiberius and Nero were both conquerors, and Pausanias' speaks of a Roman •enator who gained the victory. During the free- dom of Greece, even Greeks were sometinies ex- cluded, when they had been guilty of a crime which appeared to the Eleans to deserve this punishment. The horses of Hieron of Syracuse were excluded from the chariot-race throughlthe influence of The- Biistocles, because he had not taken part with the ether Greeks against the Persians.* All the Lace- 1. (Pans., 1. c.)— 2. (CUnton, Fast. Hellen., p. 409, *.)— 3. JThncyd., v., 49.)— 4. (Strabo, viii., p. 358.)— 5. (Xen., Hellen., ai., S, fy 23. &c.' ; Tii., 4, drc.)— 6. (Compare Demosth., c. Aris- Ipcrat., p. 631, 632.1—7. («., ao, 4 4.)— 8. (Plut., Them., 25.— iEli>u, V. H., ix., S.) 4R daemonians were excluded in the 90th Ollympiaa because they had not paid the fine for violating tiiv. Elean territory, as mentioned above ;' and similai cases of exclusion are mentioned by the ancient writers. No women were allowed to be present, or even t(j cross the Alpheus during the celebration of tlit. games, under penalty of being hurled down from the Typasan rock. Only one instance is recorded of a woman having ventured to be present, and she, al- though detected, was pardoned in consideration of her father, brothers, and son having been victors in the games," An exception was made to this law in favour of the priestess of Demeter Chamyne, who sat on an altar of white marble opposite to the Hellanodicae.^ It would appear from another pas- sage of Pausanias that virgins were allowed to be present, though married women were not {vapdevov'c di QVK eipyovaL ^eiiauaBai,*) \ but this statement' is opposed to all others on the subject, and the reading of the passage seems to be doubtful.' Women were, however, allowed to send chariots to the races ; and the first woman whose horses Won the prize was Cynisca, the daughter of Archidamus and sister of Agesilaus." The number of spectators at the festival was very great ; and these were drawn together, not merely by the desire of seeing the games, but partly through the opportunity it afford- ed them of carrying on commercial transactions with persons from distant places,' as is the case with the Mohammedan festivals at Mecca and Me- dina. Many of the persons present were also dep^ uties (i^Eupoj) sent to represent the various states of Greece ; and we find that these embassies vied with one another in the number of their offerings, and the splendour of their general appearance, in order to support the honour of their native cities; The most illustrious citizens of a state were fre- quently sent as &e(jpol.' The Olympic festival was a Pentaeleris {Trevrae- Tnpic), that is, according to the ancient mode of reckoning, a space of four years elajised between each festival, in the same way as there was only a space of two years between a Tpurtipi;. According to the scholiast on Pindar,' the Olympic festival was celebrated at jii interval sometimes of 49, sometimes of 50 mont.i^ ; in the former case in the month of Apolloriiue, i 'i the latter in that of Parthe- nius. This stateairri has g:iven rise to much dif- ference of opinion fmm the time of J. Scaliger ; but the explanation Oi' Bockh in his commentary on Pindar is the jaoci satisfactory, that the festival was celebrated op the first full moon after the sum mer solstice, v/hi,-,li sometimes fell in the month of Apollonius, and sometimes in Parthenius, both ol which he consiJers to be the names of Elean oi Olympian months : consequently, the festival wat usually celebrated in the Attic month of Hecatora baeon. It lasted, after all the contests had beep introduced, five days, from the 11th to the 15tb days of the month, inclusive." The fourth day of the festival was the 14th of the month, which was the day of the full moon, and which divided the month, into two equal parts (dixo/iijvic luiva}'^). The festival was under the immediate superin- tendence of the Olympian Zeus, whose temple at Olympia, adorned with the statue of the god made by Phidias, was one of the most splendid works of art in Greece." There were also temples and altars I. (Thucyii., v., 49, 50.— Pans., iii., 8, i) 2.)— 2. (Pane., v., 6, h &.— .Slian, V. H., x., 1.)— 3. (Pans., vi., 20, l> 6.— Compare Suet., Ner., c. 12.)— 4. (vi., 20,^ 6.)— 5. ( Fiii. yalckenaer ad Thebcr., Adoii., p. 196, 197.)— 6. (Pans., iii., 8, 1) 1.)— 7. (Veil Paterc, i., 8. — Justin, xiii., 5 : " Mercatus Olympiacus.") — 8 (Ttocyal., yi., 16.— Andoc, c. Ale, p. 126, 127, cd. Reiske.)— S. (ad 01., iii., 35, ed. BSckh.)— 10. (Schol. ad Find., 01., v., 6.)^ II. (Pind., 01., iii., 19,— Schol. ad loc.)— 13 'Pans., t., 10, *i.) OIAMPIC UAMES. OLYMPIC OAMES. lo most of the other gods. The festival itself may be divided into two parts, the games or contests (dyuv 'O^vfiTtcaKog, aedXuv ujueJlAai, KpiGtg aedTMni, Ted/id^ aeBJiav, vmafopiai), and the festive rites {hprtf) connected with the sacrifices, v/ith the pro- cessions, and with the public banquets in honour of the conquerors. Thus Pausanias distinguishes be- tween the two parts of the festival when he speaks of "W ayCiva iv 'OXvinrig, iTavrjyvptv rs 'OTiVfmiaKriv.^ T^J conquerors in the games, and private individu- SUj is well as the theori or deputies from the vari- ous states, offered sacrifices to the different gods ; but the chief sacrifices were offered by the Eleans in tne name of the Elean state. The order in which the Eleans ofl'ered their sacrifices to the different gods is given in a passage of Pausanias.' There has been considerable dispute among modern wri- ters, whether the sacrifices were offered by the Eleans and the theori at the commencement or at the termination of the contests : our limits do not allow us to enter into the controversy, but it ap- pears most probable that certain sacrifices were offered by the Eleans as introductory to the games, but that the majority were not offered till the con- clusion, when the flesh of the victims was required for the public banquets given to the victors. The contests consisted of various trials of strength and skill, which were increased in number from time to time. There were in all twenty-four contests, eighteen in which men took part, and six in which boys engaged, though they were never all exhibited at one festival, since some were abolished almost immediately after their institution, and others after they had been in use only a short time We sub- join a list of these from Pausanias,' with the date of the introduction of each, commencing from the Olympiad of Cortebus : 1. The footrace (Spo/iog), which was the only contest during the first 13 olympiads. 2. The diav?Mc, or footrace, in which the stadium was traversed twice, first introduced In 01. 14. 3. The d6?iixo(, a still longer footrace ihan the diavXoc, introduced in 01. 15. For a more particular account of the diavXo; and 66^ix<>Ci i>id. Stadium. Some words appear to have dropped out of the passage of Pausanias to which we have just referred. In every other case he mentions the name of the first conqueror in each new contest, but never the name of the conqueror in the same contest in the following olympiad. In this passage, however, after giving the name of the first conquer- or in the diaulos, he adds, t^ 6i i^fj^ 'A KavBo;. There can be little doubt that this must be the name of the conqueror in the dolichos, which is also expressly stated by Afrioanus.* 4. Wrestling (na^ti) ; and, 5. The Pentathlum (vevradXov), which consisted of five sxercises {vid. Pentathlum), both introduced in Ol. 18. 6. Boxing {irvyiifi), introduced in Ol. 23. (Yid. PoGiLATHs.) 7. The chariot-race, with four full-grown horses (Ittttuv rekeiav ipopiog upfia), in- troduced in 01. 25. 8. The Pancratium {irayKpa- Tiov), (vid. Pancratium) ; and, 9. The horserace (iTra-of Ke?,jK), both introduced in 01. 33. 10 and 11. The footrace and wrestling for boys, both introdu- ced in 01. 37. 12. The Pentathlum for boys, intro- duced in 01. 38, but immediately afterward abolish- ed. 13. Boxing for boys, introduced in 01. 41. 14. The footrace, in which men ran with the equip- ments of heavy-armed soldiers {tuv oirXnuv Sp6/iog), introduced in 01. 65, on account of its training men for actual service in war. 15. The chariot-race with mules (avijvr;), introduced in 01. 70; and, 16. The horserace with mares (kuXttti), described by Pausanias,' introduced in 01. 71, both of which 1. (T., 4, 1) 4.)— 2. (v., 14., « 5.)— 3. (v., 8, « 2, 3; 9, « 1, 2.— Compare Plut., Symp., v., 2.) — 4. (ipud Eoseb,, Cbinn., i., 'EXA. dX , p. 39.)— 5. (v., 9, U, 2.) 683 were abjlished in 01. 84. 17. The ehariot-iice with two full-grown horses (Zttttuv reTieiav awupif;), introauced in 01. 93. 18 and 19. The contest of heralds {ktipvkeq) and trumpeters (lollmy/trai), intro duced in 01. 96.' 20. The chariot-race with fom foals {iTuTiUv apfiamv), introduced in 01. 99. 21, The chariot-race with two foals (miXcM amupii]. introduced in 01. 128. 32. The horserace with foals (TTo^of Kc^)?r), introduced in 01. 131. 23. The Pancratium for boys, introduced in 01. 145. 84. There was also a horserace (ZTrirof keXj;;) in which boys rode,' but we do not know the time of its in- troduction. Of these contests, the greater number were in existence in the heroic age ; but the follow- ing were introduced for the first time by the Eleans : all the contests in which boys took part, the foot- race of Hoplites, the races in which foals were em- ployed, the chariot-race in which mules were used, and the horserace with mares (A-d^Tn;). The con- tests of heralds and trumpeters were also probably introduced after the heroic age. Pausanias' says that, up to the 77th Olympiad, all the contests took place in one day; but, as it was found impossible in that Olympiad to finish them all in so short a time, a new arrangement was madt The number of days in the whole festival which were henceforth devoted to the games, and the or der in which they were celebrated, have been a snb ject of much dispute among modern writers, and ii many particulars can be only matter of conjecture. The following arrangement is proposed by Krause;' On the first day the initiatory sacrifices were offer- ed, and all the competitors classed and arranged by the judges. On the same day the contest between the trumpeters took place ; and to this succeeded, on the same day and the next, the contests of the boys, somewhat in the following order : the foot- race, wrestling, boxing, the pentathlum, the pancra- tium, and, lastly, the horserace. On the third day, which appears to have been the principal one, the contests of the men took place, somewhat in the following order ; the simple footrace, the diaulos, the dolichos, wrestling, boxing, the pancratium, and the race of Hoplites. On the fourth day, the pen- tathlum, either before or after the chariot and horse- races, which were celebrated on this day. On the same day, or on the fifth, the contests of the heralds may have taken place. The fifth day appears to have been devoted to processions and sacrifices, and to the banquets given by the Eleans to the con- querors in the games. The judges in the Olympic games, called Hellano- dicse {'EXi,avodiKai), were appointed by the Eleans, who had the regulation of the whole festival. It appears to have been originally under the superin- tendence of Pisa, in the neighbourhood of which Olympia was situated ; and, accordingly, we find in the ancient legends the names of CEnomaus, Pelops, and Augeas as presidents of the games. But after the conquest of Peloponnesus by the Dorians, on the return of the Heraclidae, the .(Etolians, who had been of great assistance to the Heraclidae, settled in Elis, and from this time the .iEtolian Eleans obtain- ed the regulation of the festival, and appointed the presiding officers.' Pisa, however, did not quietly relinquish its claim to the superintendence of the festival, and it is not improbable that at first it had an equal share with the Eleans in its administration. The Eleans themselves only reckoned three festi- vals in which they had not had the presidency, namely, the 8th, in which Pheidon and the Piseans obtained it; the 34th, which was celebiated under 1. CAfrioan. ap. Euseb., Chron., i., 'EXX. d\., p. 41.— Pam., v., 22, i 1.— Compare Cio. ad Fam., v., 12.)— 2. {Paus., Ti., !, I 4 ; 12, H ; 13, « 6.)— 3. (T., 9, « 3.)-4. (Olymf'a, p. 10e.)-S (Stra^o, viii., p. 397, 358.) OLrMPIC GAMES. OIYMPIC GAMES. the superintendence of Pantaleon, king of Pisa; and the 104th, celebrated under the superintendence of the Piseans and Arcadians. These olympiads the Eleans called ovoAw/imodef, as celebrated contrary to law.' The hellanodicae were chosen by lot from the whole body of the Eleans. Pausanias' has given an account of their numbers at different periods ; but the commencement of the passage is, unfortu- nately, corrupt. At first, he says, there were only two judges chosen from all the Eleans, but that in the 25th 01. (75th 01.1) nine hellanodicas were ap- pointed, three of whom had the superintendence of the horseraces, three of the pentathlum, and three of the other contests. Two olympiads after, a tenth judge was added. In the 103d 01. the number was increased to 12, as at that time there were 13 Elean phylae, and a judge was chosen from each tribe ; but, as the Eleans afterward lost part of their lands in war with the Arcadians, the number of phylse was reduced to eight in the 104th 01., and, accord- ingly, there were then only eight hellanodicae. But in the 108th 01. the number of hellanodicae was in- creased to 10, and remained the same to the time of Pausanias." The hellanodicffi were instructed for ten months before the festival by certain of the Elean magis- trates, called vojioAvTiaKe^, in a building devoted to the purpose near the market-place, which was call- ed 'iiXKavoSLnamv* Their office probably only last- ed for one festival. They had to see that all the laws relating to the games were observed by the competitors and others, to determine the prizes, and to give them to the conquerors. An appeal lay from their decision to the Elean senate.' Their of- fice was considered most honourable. They wore a purple robe (woppvp^f), and had in the stadium special seats appropriated to them.' Under the di- rection of the hellanodicae was a certain number of alvrai, with an dAuTtepOTf ^t their head, who form- ed a kind of police, and carried into execution the commands of the hellanodicae.' There were also various other minor officers under the control of the hellanodicae. All free Greeks were allowed to contend in the games who had complied with the rules prescribed to candidates. The equestrian contests v/ere ne- cessarily confined to the wealthy ; but the poorest citizens could contend in the athletic contests, of Which Pausanias" mentions an example. This, however, was far from degrading the games in pub- lic opinion ; and some of the noblest as well as meanest citizens of the state took part in these contests. The owners of the chariots and horses were not obliged to contend in person ; and the wealthy vied with one another in the number and magnificence of the chariots and horses which they sent to the games. Alcibiades sent seven chariots to one festival, a greater number than had ever been entered by a private person ;' and the Greek kings in Sicily, Macedon, and other parts of the Hellenic world contended with one another for the prize in the equestrian contests. All persons who were about to contend had to prove to the hellanodicae that they were freemen of pure Hellenic blood, had not been branded with atimia, nor guilty of any sacrilegious act. They farther had to prove that they had undergone the preparatory training (Kpoyvpivda/iaTa) for ten months previous, and the truth of this they were obliged to swear to in the ^ovlevrripiov at Olynipia before the statue of Zeus "Op/ciof. The fathers, brothers, and 1. (Pans., vi., 22, « 2 ; 4, J 2.)— 2. (v., 9, « i, 5.)— 3. (Pans., 1. c.)— 4. (Paus., vi,, 24, « 3.)— 5. (Pans., vi., 3, « 3.)— 6. (Paus., »i., 20, I) 5, 6, 7.— Bckker, Aneodot., n. 249, 4.)— 7. (Luoian, Harm., c. 40, vol. i., p. 738, ed. RBitz.-^Etym. Mag., p. 72, 13.) --» (vi., 10, 4 1.)— 9. (Thucyd., vi., 16.) gyff^nastic teachers of the competitors, as well as the competitors themselves, had also to swear that they would be guilty of no crime (/ca/coiipyiy/ia) in ref- erence to the contests.' All competitors were obli- ged, thirty days previous to the festival, to undergo certain exercises in the gymnasium at Elis, under the superintendence of the hellanodicae.' The dif- ferent contests, and the order in which they would follow one another, were written by the hellanodica upon a tablet {XtvKajia) exposed to public view.' The competitors took their places by lot, and were, of course, differently arranged, according to the different contests In which they were to be en- gaged. The herald then proclaimed the name and country of each competitor.* When Ihey were all ready to begin the contest, the judges exhorted them to acquit themselves nobly, and then gave the signal to commence. Any one detected in bribing a competitor to give the victory to his antagonist was heavily fined ; the practice appears to have been not uncommon, from the many instances re- corded by Pausanias.' The only prize given to the conqueror was a gar- land of wild olive (Korivog), which, according to the Elean legends, was the prize originally instituted by the Idaean Heracles.' But, according to Phlegon's account,' the olive crown was not given as a prize upon the revival of the games by Iphitus, and was first bestowed in the seventh olympiad with the approbation of the oracle at Ddphi. This garland was cut from a sacred olive-ti ee, called l:?i,aia xaX- XwTi'iK(i npa^idta, and an- other by Eratosthenes (born B.C. 275), also called 'O^v/iKLomicai.^ The Athenian Stesicleides is men- tioned as the author of an avaypafij. tuv apx^vrav Kw. 'OXv/iTnoviKuv,' and Pliny" speaks of Agriopas as a writer of Olympioniccs. There were also many ancient works on the Greek festivals in general, in which the Olympic games were of course treated of Thus the work of Dicaarchus, Ilept 'Ayuvuv,'' contained a division entitled d 'OAti/iffiKOf." One of the most important works on the Olym- pic games was by Phlegon of Tralles, who lived in the reign of Hadrian ; it was entitled Tlepl tuv OXvjimav, or. 'OTiVfivluv Kal XpoviKuv 'Zwayayr/, was comprised in 16 books, and extended from the first Olympiad to 01. 229. We still possess two considerable fragments of it. The important work of Julius Africanus, ''EXKfivuv 'OTMjnriddsg and ryg upuTrig, &c., is preserved to us by Eusebius ; it comes down to 01. 249. Dexippus of Athens, in 1- .Demosth., De Cor., p. 265.) — 2. {Compare Lucian, Herod., c. 3, 4, vol. i., p. 834, Keitz.) — 3. (Lucian, 1. c.)— 4. (Pans., iii., ai, 1 ; v., 21, 5 I vi., 2, 1.)— 5. (Id., V.,. 4, 4.)— 6. (Plut., Noma, I.)— 7. (Diog., v., 28 l— 8. (Dio^., Tiii., 51.)— 9. (Diog., ii., 56.) -10. (H. N., viU;, 34.)— U. (Diog., v., 47 )-ia (Athen., liv., B. «20, d.) 684 his xpo'tl'V iordpia, carried down the Olympic cent querors to Ol. 268. In modern works much useful information on th« Olympic games is given in Corsini's Dissert. A^oW isticcE, and in Bockh's and Dissen's editions of fm dar. See also Meier's article on the Olympic games, and Rathgeber's articles on Olympia, OlyBipieidiij and Olympischer Jupiter in Erseh and Gruber's .Bw. cyclopadie. — Dissen, Ueber die Anordnung der Olyiiu pischen Spiele, in his Kleine Sckriften, p. 18.i : and Krause, Olympia oder Darstellung der g-ossm O/ym' pischen Spiele, Wien, 1838. In course of time, festivals were established' in several Greek states in imitation of the one at Olympia, to which the same name was given. Some of these are only known to us by inscriptions and coins , but others, as the Olympic festival at An- tioch, obtained great celebrity. After these OIym< pic festivals had been established in several placesj the great Olympic festival is sometimes designated in inscriptions ijy the addition of " in Pisa," h> UeU CT^.' We subjoin from Krause an alphabetical iiat of these smaller Olympic festivals. They were caJ- ebrated at ^ga in Macedonia. This festival was in exist ence in the time of Alexander the Great." Alexandrea.' In later times the number of Alex- andrean conquerors in the great Olympic games was greater than from any other state. Anazarbus in Cilicia. This festival was not in- troduced till a late period.* Antioch in Syria. This festival was celebrated at Daphne, a small place 40 stadia from Antioch, where there was a large sacred grove watered by many fountains. The festival was originally called Daphnea, and was sacred to Apollo and ArtemiSj* but was called Olympia after the inhabitants of An' tioch had purchased from the Eleans, in A.I). 44, the privilege of celebrating Olympic games. It was not, however, regularly celebrated as an OljisfX" fes- tival till the time of the Emperor Commodus. It commenced on the first day of the month Hyper- beretaeus (October), with Which the year of Antioch began. It was under the presidency of an alytai- ches. The celebration of it was abolished by Justin, A.D. 521. The writings of Libanius, and of Chry- sostom, the Christian father, who lived many years at Antioch, give many particulars respecting this festival. Athens. There were two festivals of the name of Olympia celebrated at Athens, one of which was in existence in the time of Pindar,' who celebratfs the ancestors of the Athenian Timodemus as con- querors in it, and perhaps much earlier.' It was celebrated to the honour of Zeus, in the spring, be- tween the great Dionysia and the Bendidia.' The other Olympic festival at Athens was instituted by Hadrian, A.D. 131, from which time a new Olym- pic aera commenced.' (Fi(Z. Olympiad.) Attalia in Pamphylia. This festival is only known to us by coins.'" Cyzicus on the Propontis." I Cyrene in Africa.'" Diufn in Macedonia. These games were inf titu- ; ted by Archelaus, and lasted nine days, correspond- : ing to the number of the nine Muses. They were celebrated with great splendour by Philip II. and Alexander the Great.'^ 1. (Compare BBckh, Inscr., n. 247, p. 361, 362, n. 1068, p. 564.)— 2. (Arrian, Anab.,i., II.)— 3. (Gruter, Inscr., p. ccciiv., n. 240.)— 4, (Eckhel, Doctr. Num., iii., p. 44.)— 5. (Strabo, m., p. 750. — Athen., v., p. 194.) — 6. (Find., Nem., ii., 23, &c.— Schol. ad. lac.)— 7. (Schol.ad Thuc, i., 126.J— 8. (BB( ---83.. (Diobt cor., iii.. 160.) asses are numbered with other cattle, but horsee are not mentioned. Yet that noble animal, by na- ture provided with greater physical capabilities, with more intelligence, and more instinctive capacities for adapting his existence to the circumstances of domestication in every region, is, in his ser- vitude, grown larger, more adorned, more acute, and more educational than in a state of nature ; while the ass, in similar circumstances, has de- generated from his pristine character, becoming, even in the greater part of Persia, smaller in stat ure, less fleet, less intelligent, and, by his' own im- pulses, less the associate of man. When the horse, from thorough domesticity, is again cast upon his own resources, he resumes his original independ-' ence, provides for his own safety and that of the herd under his care, without altogether losing his acquired advantages ; the ass, on the contrary, al- though never a spontaneous associate in his domes- tication, is nowhere known to have again become wild, or to have sbught his freedom with a spirit of persevering vigilance ; and in cases where, by acci- dent, he has found himself in freedom, he has made no energetic efforts to retain it, nor recovered qual- ities that restore him to the filiation of the hymar or the kulan. When emancipated, he becomes, without effort, the prey of the lion, the tiger, the hyena, or the wolf, and in America he has been known to succumb under the beak of a condor. It is evident that the difference in the relative condi- tion of the two species is, with regard to the ass, not entirely referable to human neglect and want of kindness; but, in part at least, must be ascribed to inferior sensibility and weaker intellectual po'ver, both being alike evinced by the hardness of his liide, by his satisfaction wit! coarser food, and his passive stubbornness."' *II. A species of fish, the same with the yadtf ;of Athenaeus, and probably the Bacchus of Plinyv The name would appear to have been applied to more than one species of the Gadus, but more es- pecially to the Gadus merluchins, or Hake. Adam* considers it doubtful whether the Greeks were ac- quainted with the Gadus eglefinus, or Haddock.^ *ONOSMA (bvonfia; called also bvojia and bvo/iif) a plant, a species of Anchusa, or one of its conge ners. Hardouin says of it, " Nihil aliud onosmi esse censuerim prater Anchusam degenerem." Ste phens also holds it to be a species of Alkanel Sprengel maintafins that it is either tiie Anchusa nn dvlata, or lAlhospermum cmruleo-purpureum ^ *ONYX, I. "In mineralogy the term, cmyx was applied, 1. To a semipellucid stone of a fine flinty texture, namely, the Onyx agate ' of Cleaveland : 2. To a variety of gypseous alabaster, from which small vases were formed."* {Vid. Al.\baster.) *II. A term used by Dioscorides, Galen, and the other writers on the Materia Medioa, to signify th( operculum, or cover of the Strombus lenliginosus.' ' OPA'LIA, a Roman festival in honour of Opis, which was celebrated on the 14th day before the Calends of January (Dec. 19th), being the third day of the Saturnalia, which was also originally celtv brated on the same day, when only one day was devoted to the latter festival. It was believed that Opis was the wife of Saturnus, and for this reason the festivals were celebrated at the same time." The worshippers of Opis paid their vows sitting, and touched the earth on purpose, of which she was thn goddess.' 1. (Smith, Horses.'- 2. (Aristjt., H. A., viii, 15.— Aduma, Append., s. v.)— 3. (b^oscor., iii., 137. — Adams, Append., s. t,— Hardouin ad Plin., H. N., xxvii., 80.)— 4. (Adams, Appen(J., g V.)— 5. (Adams, Append., s. v.) —6. (Hfncrob., Sal., i., 12.-. ■Varro,De Ling. Lat., vi., 22, ed. Miiller.— Fcstns, » ". Ojil-B. — 7. (Macrt)b., I. c.) 685 OPERIS NOVI NUNTIATIO. OPSOJNIUM. •OP'ALUS {imakou birdUwi), the Opal " The epalus of Pliny," observes Dr. Moore, " i& too well characterized, and its peculiar lustre or opalescence too accurately described by him, lo leave any doubt that it vcas what we call precious Opal. Pliny is not the only one among the ancients, as Jameson supposed, who. makes mention of this gem. The Orphic poem coinmends the beauty of the bira,^i,ioc, and evidently alludes to its other name natdipas, in saying that it has the delicate complexion of a love- ly youth {ifiepTov ripeva xpoa waiSog). This gem also, Pliay says, the Indians so well imitated in glass, that the counterfeit could hardly be detected. The Opal was perhaps too highly valued to be fre- quently engraved. There are very few engraved specimens of this mineral preserved in collections. But that it sometimes was used as a ringstone, we learn from the story Pliny tells of a senator named Nonius, who, possessing an opal valued at 20,000 sesterces,-which Antony coveted, was proscribed in consequence, and fled, saving of his whole fortune this ring alone.'" ■ : O'PERIS NOVI NUNTIA'TIO was a summary remedy provided by the edict against a person who was making an opus novum. An opus novum con- sisted in either adding something in the way of building (ffidi^awdo), or taking away something so as to alter the appearance of a thing {fades operis). The object of the nuntiatio was either the mainte- nance of a right (jus), or to prevent damage {dam- num), or to protect the public interest (publicum jus). The owner of the property which was threatened with damage by the opus novum, or he who had an easement (servitus) in such property, had the jus nunciandi.' Nuntiatio consisted in protesting against and forbidding the progress of the opus no- vum on the spot where the work was proceeding, and in the prese.-.co of the owner or of some person who was there present on his account. The nun- tiatio did not require any application to, or interfe- rence on the part of the prstor. It was a rule of law that the nuntiatio must take place before the work was completed : after it was completed, the operis novi nuntiatio had no effect, and redress could only be obtained by the interdict quod vi aut clam. If the opus novum consisted in building on the com)>ia:inant's ground, or inserting or causing any- thing to project into his; premises, it was better to apply at once to the praetor, or ta prevent it per manum, that is, as it is explained "jactu lapilli," which was a symbol of the use of force for self-pro- tection. The edict declared that after a nuntiatio nothing should be done until the nuntiatio was declared ille- gal '(nuntiatio missa or rcmissa fiat) or a security {satisdatio de opere restituendo) was given. If the person to whom the notice was given persevered, even if he had a right to do what he was doing, yet, as he was acting against the praetor's edict, he might be compelled to undo what he had done. By the nuntiatio, the parties were brought within the jurisdiction of the praitor. In cases where there was danger from the interruption of the work, or the person who was making the opus novum denied the right of the nuntians, he was allowed to go on upon giving a cautio or security for demolition or restoration, in case the law was against him. When the cautio was given or the nuntians waived it, the party was entitled to an interdictum prohibitorium for his protection in prosecuting the work. The effect of the nuntiatio ceased when the cau- tio was given ; v^hen the nuntians died, when he alienated the property in respect of which he claimed the jus nuntiandi. Or when the praetor psr- I. (Moore's Aac. Mineral., p 152.)— 2. (Dig. 43, tit. 25.) 686 mitted the work to go on (operis novi nuntiattJnem .... remeisscrit ;^ ante remissam nuniiaiionem.^ *0$IS eAAATT'I02 (o^if -daTMrvtac), a speciei of fish. "jElian holds it to be the same as tin Miipof. It is therefore, most probably, the Murant ophis, L. Rondelet says of it that it is very like the Conger Eel. Belon and Gesner both mention that it is seldom met with."^ *OPHI'TES (bfiTjjs), according to some, a varie- ty of Serpentine. " Others, however, describe it, more accurately, as a mixture of reddish brown common serpentine, leek and pistachio green pre- cious serpentine, white granular foliated limestone, and small portions of diallage. Of the ophites thera are three varieties specified by Dioscorides ; ona black and heavy, a second ash-coloured and spot- ted, the third containing white lines. The first was perhaps green porphyry, the Ophites of Wal- ler ; the second steatite ; and the third the kinil just described."* OPI'MA SPO'LIA. (Vid. Sfdlia.) OPINATO'RES were officers under the Roman emperors, who were sent into the provinces to ob- tain provisions for the army. The provisions had to be supplied to them within a year. The ety- mology of the name is uncertain.* OPISTOGRAPHI. (Vid. Liber.) *OPOBAL'SAMUM (b'!ro6a^aaftov), the resinous jaice of the Amyris Gileadensis. , *On'OS MHA'IKOS (oTTOf UriSiicoi), the same w our asafcetida, namely, the Gum-resin of the Fe- rula Asa-foetida. It is the Laser and Laserpitium of the Latins. The orrdf Sypiatdg was merely a variety of it. O'PPIA LEX. ( Vid. ScMTUAKiiE 1 eges.) *OPSIA'NOS (bftavoO- " From Pliny's account of this stone," observes Adams, " there is every reason to conclude that it was the same as the 04- sidian of modern mineralogists. It is nearly allied to pumice, and consists mostly of silex and alu- mine. According to Sir J. Hill, it was named b^ir avoc, wKo rfiQ Si/ieuf, because, when polished, it was used as a looking-glass." He adds, "the tnie ori- gin of the name being forgotten from the false spell- ing of the word, after ages thought it had received it from one Obsidius, whom they imagined the iirst finder of it.'" OPSO'NIUM or OBSO'NIUM (oipov, dim. b^i piov ; bij/^/ia,^ denoted everything which was eaten with bread. : Among the ancients, loaves, at least preparations of corn in some form or other, consti- tuted the principal substance of every meal. But together with this, which was the staff of their life, they partook of numerous articles of diet called op- sonia or pulmentaria,' designed also to give nutri- ment, but still more to add a relish to their food. Some of these articles were taken from the vege- table kingdom, but were much more pungent and savoury than bread, such as olives, either fresh or pickled, radishes, and sesamum.' Of animal food, by much the most common kind was fish, whence the terms under explanation were, in the course of time, used in a confined and special sense to de- note fish only, but fish variously prepared, and more especially salt fish, which was most erten- sively employed to give a relish to the vegetable diet either at breakfast" or at the principal meal.." For the same reason, b\jio — 4.(Compare Cicad Att., i., 17, 18, 19.)— 5. (Soph., (Ed. CoL 629.^iEsch., Eumen:, 19, 611, &c.)— 6. (185 &a.)—T. (i,, U 4 7.)— 8. (InDiBsen'sPindar, li., p. 628.) .. fi87 ORACULUM. ORACULUM: which was, at least in later times, of gold ; and before it there burned upon an altar an eternal fire, which was fed only with fir-wood.' The inner roof of the temple was covered all over with laurel garlands,' and upon the altar laurel was burned as incense. In the centre of this temple there was a small ojjening Oyao-fio) in the ground, from which, from time to time, an intoxicating smoke arose, ivhi.ch was believed to come from the well of Cas- lotis, which vanished into the ground close by the lanctuary.' Over this chasm there stood a high tri- jf the Eenatus consultum contained in the Digest.' These orationes were the foundation of the senatus conaulta which were framed upon them, and when the orationes were drawn up with much regard to detail, they contained, in fact, the provisions of the subsequent senatus consultum. This appears from the fact that the oratio and the senatus consultum are often cited indifferently by the classical jurists, as appears from numerous passages." The oratio is cited as containing the reasons or grounds of the law, and the senatus consultum for the particular provisions and words of the law. To the time of Sep. Severus and his son Oaracalla, numerous se- natus consulta, founded on orationes, are mention- ed ; and numerous orationes of these two emperors are cited. But after this time they seem to have fallen into disuse, and the form of making and pro- mulgating law by imperial constitutiones was the ordinary mode of legislation. There has been much discussion on the amount of the influence exercised by the orationes princi- pum on the legislation of the senate. But it seems to be tolerably clear, from the evidence that we have, and from the nature of the case, that the ora- tio might either recommend generally some legisla- tive measure, and leave the details to the senate,! or it might contain all the details of the proposed, measure, and so be in substance, though not in form, a senatus consultum ; and it would become a senatus consultum on being adopted by the senate, which, in the case supposed, would be merely a matter of form. In the case of an oratio, express- ed in more general terms, there is no reason to suppose that the recommendation of the emperor was less of a command ; it was merely a command in more general terms. (Zimmern, Gesch. des Rom. Privatrechts, i., p. 79, and Dirksen, Ueber die Rcden der Rom. Kaiser und deren Einfluss auf die Gesetzgebung, Rhein. Mus. fur Jurisprudenz, ii.) ORA'TOll. Cicero remarks' that a "certain kind of causes belong to jus civile, and that jus civile is conversant abput laws {lex) and custom (mos) appertaining to things public and private, the knowledge of which, though neglected .by most ora- tors, seems to me to be necessary for the purposes of oratory." In his treatise on the Orator, and par- ticularly in the first book, Cicero has given his opin- ion of the duties of an orator, and his requisite quali- fications, in the form of a dialogue, in which Lucius Licinius Crassus and M. Antonius are the chief speakers. Crassus was himself a model of the highest excellence in oratory ; and the opinions at- tributed to him as to the qualifications of an orator were those of Cicero himself, \yho, in the intro- ductory part of the first book,' declares that " in his opinion no man can deserve the title of a perfect orator unless he has acquired a knowledge of all important things and of all arts, for it is out of knowledge that oratory must blossom and expand ; and if it is not founded on matter which the orator has fully mastered and understood, it is idle talk, and may almost be called peurile." According to Crassus, the province of the orator embraces every-; thing : he must be enabled to speak well on all subjects. Consequently, he must have a knowl- edge of the jus civile,' the necessity for which Crassus illustrates by instances ; and he should not only know the jus civile as being necessary when he has to speak in causes relating to private matters ard to priva:te jiidicia, but he should also have a knowledgOfOf the jus publioujn, which is conve;-sant about a state as such, and he should be familiar 1. (S, tit. 3:)— 2. (Dig. 2, tit. IS, s. 8 ; 5, tit. 3, g. 20, 22, 40 ; 11, tit. 4, 8. 3, &c.)— 3. (Or. Part., c. 28.)— 4. (e 6.)— S. (i., 44, *o ) 694 With the events of history, and instances d^riTed fi-om the experience of the past. Antonius' limits the qualifications of the orator to the command oj language pleasant to the ear, and of arguments adapted to convince in causes in the Forum and on ordinary occasions. He farther requires the orator to have competent voice and action, and suflicienl grace and ease. Antonius" contends that an orator does not require a knowledge of the jus civile, and he instances the case of himself, for Crassus allow- ed that Antonms could satisfactorily conduct a cause, though Antonius, according to his own ad- mission, had never learned the jus civile, and had never felt the want of it in such cases as he had defended (in jure). The profession, then, of the orator, who, withrel- erence to his undertaking a client's case, is also called patronus," was quite distinct from that of the jurisconsultus {vid. Jhrisconsolti), and also from that of the advocatus, at least in the lime of Ci- cero,* and even later.' An orator who possessed a competent knowledge of the jus civile would, how- ever, have an advantage in it, as Antonius admits ;' but as there were many essentials to an orator which were of difiicult attainment, he says that it would be unwise to distract him with other things. Some requisites of oratory, such as voice and ges ture, could only be acquired by discipline ; whereas a competent knowledge of the law of a case {jurit utiiitas) could be got at any time from the juriscon- sulti (periti) or from books. Antonius thinks that the Roman orators in this manner acted more wise- ly than the Greek orators, who, being ignorant oi law, had the assistance of practitioiiers called Prag- matici : the R,oman orators intrusted the mainte" nance of the law to the high character of their pro- fessed jurists. So far as the profession of an advocate consist! in the skilful conduct of a cause, and in the su|>- porting of his own side of the question by propel argument, it must be admitted, with Antonius, that a very moderate knowledge of law is sufficient; and, indeed, even a purely legal argument requires not so much the accumulation of a vast store of legal knowledge, as the power of handling the mat' ter when it has been collected. The method ia which this consummate master of his art managed a cause is stated by himself;' and Cicero, in anoth- er passage,' has recorded his merits as an orator. Servius Sulpicius, who was the greatest lawyer of his age, had a good practical knowledge of the law, but others had this also ; and it was something else which distinguished Sulpicius frbm all his contem poraries : " Many others, as well as Sulpicius, had a great knowledge of the law ; he alone possessed it as an art. But the knowledge of law by itself would never have helped him to this, without the possession of that art which teaches us to divide the whole of a thing into its parts, by exact defini- tion to develop what is imperfectly seen, by expla- nation to clear up what is obscure ; first of all, to see ambiguities, then to disentangle them: lastly, to have a rule bywhich truth and falsehood are dis- tinguished, and by which it shall appear what con- sequences follow from premises, and what do not.'" With such a power Sulpicius combined a knowl- edge of letters and a pleasing style of speaking. As a forensic orator, then, he must have been one of the first that ever lived ; but still, among the Ro- mans, his reputation was that of a jurist, while Antonius, who had no knowledge of the law, is put on a level, as an orator (patronus), with L. Cras- 1. (1., 49.)— 2. (i., 68.)— 3. (De Or., i., 58.— Brut., 38.)--4 (ii., 74.)-5. (De Orat., Dial., 34.)— 6. (i., SB.)-'. (De Or:, u., 72;)— 8 (Brut., 37.)— 9. (Brut.. 41.) UHUHIS. OBNATRIX. ■us, who, of all the eloquent men of Rome, had the best acquaintance with the law. Oratory was a setious study among the Romans: The master of the art, Cicero, tells us by what painful labour he attained to excellence.' Roman oratory reached its perfection in the century which preceded the Christian sera. Its decline dates frpm the establishment of the imperial power under Au- gustus and his successors ; for though there were many good speakers,' and more skilful rhetoricians under the Empire, the oratory of the Republic was • tendered by circumstances unsuitable for the sen- ate, for popular assemblies, or for cases of crimes and high misdemeanours. In the dialogue De Oratoribus, which is attribu- ted to Tacitus, Messala, one of the speakers,'' at- tempts to assign the reasons for the low state of oratory in the time of Vespasian, when the dialogue was written, compared with its condition in the age of Cicero and of Cicero's predecessors. He attrib- utes its decline to the neglect of the discipline under which children were formerly brought up, and to the practice of resorting to rhetoricians (rhetores),. who professed to teach the oratorical art. This gives occasion to speak more at length of the early discipline of the old orators, and of Cicero's course of study as described in the Brutus. The old ora- tors' learned their art by constant attendance on some eminent orator and by actual experience of business : the orators of Messala's time were form- ed in the schools of rhetoric, and their powers were developed in exercises on fictitious matters. These, however, it is obvious, were only secondary causes. The immediate causes of the decline of eloquence appear to be indicated by Matemus, another speak- er in the dialogue, who attributes the former flour- ishing condition of eloquence to the political power which oratory conferred on the c-ator under the Republic, and to the party struggles and even the violence that are incidentto such a state of society. The allusion to the effect produced by the estab- lishment of the imperial power is clear enough in the following words, which refer both to the impe- rial and the republican periods ; " cum mixtis omni- bus et moderatore una carentihus, tantum quisque ora- tor saperet, quantum erranti populo persuaderi pote- rat." ORBUS. (Vid. Jdli^ Leges, p. 557.) ORCA. (Vid. SlTELLA.) ORCHE'SIS (opOTff'f)- (T^jU Saltatio.) ORCHESTRA. (Vid. Theateum.) ORCHIA LEX. (Vid. Sumtuari^ Leoes.) ♦ORCHILUS COpxl^c), a species of Bird. " In the Lexicon of Photius it is explained by /laailiKdi, and Gesner holds that it is identical with the ^rpia- 6vc, l^aa-Aei^, and Tpox'i^^, although it is to be re- marked that Aristotle treats separately of the fiaa- tXevf. Gesner applies all these terms to the Reg- ulus, or Golden-crested Wren. It must be admit- ted, however, that the ancient descriptions of the small birds, or Passeres, are so brief, that they often cannot be recognised or distinguished from one an- other with any degree of accuracy. But, at the same time, Aristotle's description of the Tvpavvo; is so graphic that no ornithologist can fail to recognise the Golden-crested Wren in it. Aristophanes also identifies the ^aailev; and the ipxiXo^.'"' *ORCHIS (Spxcg). "Sibthorp seems to have settled that the kvvo; 6pxic of Galen arid Dibscori- des is the Orchis papillonacea. The (jepamof can- not be ascertained with . any certainty. Fuchsius refers this last, and Staekhouse the 4pxT of Theo- phrastus, to the Orchis morio, Or Meadow Orchis."" 1. (Brut., 91, &B.)—i. (C.-28, &c.)— 3. (c. 34.)— 4. (Arisloph., At., 1. 568.— Adams, Append., s. v.) — ^5/ -(Theoplirast,, H.' P., fac., 1&— Dioscor., iii., 131, 132.— Adams, Append., s. v.) ORCINUS LIBERTUS. (Vid. Mantmissio, p 616.) ORCINUS SENATOR, ^id. Senatus.) ORDINA'RIUS JUDEX. (Vid. Judex Peda NEUS.) ORDO is applied to any body of men who form a distinct class in the community, either by possess- ing distinct privileges, pursuing certain trades oi professions, or in any other way. 'Thus Cicero' speaks of the "ordo aratorum, sive pecuariorum, sive mercatorum." In the same way, the whole body of sacerdotes at Rome is spoken of as an ordo,^ and separate ecclesiastical corporations are called by the same title (ordo coUegii nostri ;' ordo seviralium*). The libertini and scribis also formed separate ordines.' The senate and the equites are also spoken of respectively as the ordo senatori- us and ordo equestris (md. Senatus; Equites, p. 417) ; but this name is never applied to the plebes. Accordingly, we find the expression "uterque ordo" used without any farther explanation to designate the senatorial and equestrian ordines." The sena- torial ordo, as the highest, is sometimes distinguish- ed as " amplissimus ordo."'' The senate in colonies and municipia was called ordo decurionum" (vid. Colonia, p. 382), and some- times simply ordo,' ordo amplissimus,'" or ordo splendidissimus." The term ordo is also applied to a company or troop of soldiers, and is used as equivalent to cen- turia : thus centurions are sometimes called " qui ardines duxi-unt"^' and the first centuries in a le- gion "primi ordines."" Even the centurions of the first centuries are occasionally called "primi f dines."^* O'RGANUM. (Vid. Hydbaula.) O'RGIA. (Vid. MysTERu.'> *OREICHALCUM. (Vid. Ms.) •OREOSELI'NUM (bpmoelivov), a plant, which Dodonseus makes to be the Selinum Oreoselinon According to Sprengel, however, the plant just men- tioned is not indigenous in Greece; he inclinet, therefore, with Gesner, to the opinion that it is the Athamanta libanotis.^' ♦QRICANUS (bpiyavotj or -ov). "Galen and Dioscorides describe three species ; the bptyavo; 'HpaicXEOTiKijf bviric, and aypioplyava^. The first, according to Sprengel, is the Origanum Heradeoti- cum ; the second, the Onites or Creiicum ; and the third, the 0. sylvestre album. Theophrastus distin- guishes the bpiyavoi into two species, T^evkti and ■fieXaiva, which Staekhouse refers simply to the Origanum marjorana, or Bastard Marjorum."" ORNAMENTA TRIUMPH A'LIA. (Vid. Tri- UMPHns.) ORNA'TRIX (Koaii6Tpta)i a female slave who dressed and adorned ladies' hair." So much at- tention was paid by the Roman ladies to the dress- ing of their hair, that they kept slaves specially for this purpose, and also had them instructed by a master in the art." These slaves were frequently the confidants of their mistresses, and were some times highly prized, whence we find them mention- 1. (c. Verr., 11., ii., 6.)— 2. (Festus, s. v. Ordo Sacerdotum.) - 3. (Orelli, Inscr., n. 2417.)— 4. (Id., n. 2229,)— 5. (Suet., De Grammat., 18.— Cic, o. VeiT., II., i., 47 ; iii., 79.)— 6. (Suet., Aug., 15.— Veil. Paterc, ii., 100.)— 7. (Plin., Ep., x., 3.— Suet., Otho, 8.— Vesp., 2.)— 8. (Dig. 50, tit. 2, s. 2, ^ 7.— Orelli, Inscr., n. 1167.)— 9. (Tacit., Hist., ii., 52.— Dig. 50, tit. 2, s. 2, « 3.- Orelli, n. 3734.— 10. (Cic., Pro Cail., 2.)— 11. (Orelli, n. 1180, 1181.)- 12. (Cic, Phil., i., 8.— Cies., Bell. Civ., i., 13.)— 13. (Cks., Eell. Gall., v., 28, 44.)— 14. (Cas., Bell. Gall., v., 30 ; vi., 7. — Liv., XXX., 4. — Gronov. ad loc.) — 15. (Dioscor., iii., 69.— "Theophraat., H. P., vii., 6.— Galen, De Simpl., 'viii.— Adanu, Append., s. v.) — 16. (Theophrast., H. P., vi., 1. — Dioscor., iii., 29. — Galen, De Simpl. — Adams, Append., s. v.) — 17. (Ovid, Dt Art. Am., iii., 239.— Suet., Claud., 40.)— 18. (Dig; 32, tit. i.. ■ as.) 695 OSCHOPHORIA. OSTREUM. eu in inscriptions.' Some attained great skill in thflir art, as Cypassis, whom Ovid' addresses, " Ponendis in mille modos perfecta capillis, Comere sed solas digna Cypassi deas ;" and Nape, whom Ovid' also describes as skilled " CoUigere incertos et in ordine ponere crines.'"' 'OROBAN'CHE {bpoSdyxv)- ' ' The bpoBuyxv of Theophrastus," observes Adams, "would appear decidedly to be a species of Cusmta, or dodder of Thyme. The bpoiayxn of Dioscorides is held by Sprengel to be the Orobanche caryophyllca. The bpo6a.yxri is called barirpoTiEuv by writers of a later age.'" ♦OR'OBOS (opofiof), the Ervum ervilia, or Tare, according to Stackhouse, Dierbach, and Sprengel.' ♦OROSPIZOS {bpoamZoc:), a bird, a species of mountain Chaffinch. Adams makes it the Bramb- ling, or Fringilla montifringilla.'' *ORTYGOME'TRA (bprvyofiiiTpa.). According 10 Gesner and Hardouin, it is the bird called in Italy Re de Qualie, or " King of the Quails." Or- nithologists now give the name of Ortygometra crex to the common Landrail.' ♦ORTYX (opruf), the Telrao coturnix, L., or Quail. = *ORYX (Apjif). " Dr. Shavp inclines to the opin- ion, that the Oryx of the Greeks, or Thau of the Hebrews, was the Buffalo. It is much more proba- ble, however, that it was a species of Antelope. It is graphically described in the Cynegetica of Op- pian."'° *ORYZA (bpvCa), the Oryza saliva, or Rice." OSCHOPHORIA {'aaxoipopia or 'Oaxofopia), an Attic festival, which, according to some writers, was celebrated in honour of Athena and Dionysus," and according to others, in honour of Dionysus and Ariadne." The time of its celebration is not men- tioned by any ancient writer, but Corsini" supposes, with great probability, that it was held at the com- mencement of the Attic month Pyanepsion. It is said to have been mstituted by Theseus. Its name is derived from uaxo^, baxof, or baxv, a branch of vines with grapes, for it was a vintage festival ; and on the day of its celebration, two youths, called baxo(ji6poL, whose parents were alive, and who were elected from among the noblest and wealthiest cit- izens," carried, in the disguise of women, branches of vines with fresh grapes from the Temple of Dio- nysus in Athens to the ancient Temple of Athena Skiras in Phalerus. These youths were followed by a procession of persons who likewise carried vine-branches, and a chorus sang hymns called i>axo(l>opi.Ka iiiXri, which were accompanied by dan- ces." In the sacrifice which was offered on this occasion, women also took part ; they were called 6uino^6poi, for they represented the mothers of the youths, carried the provisions (fiijia koI airia) for them, and related stories to them. During the sac- rifice, the staff of the herald was adorned with garlands, and when the libation was performed, the spectators cried out iX^XeH, lov, loi." The ephehi taken from all the tribes had on this day a contest in racing from the city to the Temple of Athena Skiras, during which they also carried the oaxv, and the victor received a cup filled with five different 1. (Orelli, Inscr., n. 2878, 2933, 4715, 4443.)- 2. (Amor., ii., 8.)— 3. (Amor., i., 9.)— 4. (Compare Juv., vi., 480.— TertuU., De Cult. Fem., 6.)— 5. (Theophrast., H. P., viii., 8.— Dioscor., il., 171.— Geopon., ii., 42.— Adams, Append., s. v.)— 6. (Dioscor., li., 131.— Tlieophrast., H. P., iii., 13.— Adams, Append., s. v.)— 7. (Aristot., H. A., viii., 5.)— 8. (Aristot., H. A., viii., 14.— Adams, Append., s. t.)— 9. (Aristot., H. A., ix., 11.)— 10. (Shaw's Travels, ii., p. 280.— Oppian, Cyneg., ii., 445.— Aristot., H. A., ii., 2. — Adams, Append., s. v.) — 11. (Theophrast., H. P., iv., 4.)— 12. {Phot., p. 322, Bekker.)- 13. (Plut., Thes., 23.)— 14. 'Fast. Att., ii., p. 354.)— 15. (Schol. ad Nicand., Aleiiph., 109.) -10. (Athen., xiv , p. 631.)— 17. (Pint., Thes., 22.) 696 things (irevroff^oof, irevrairXoa or ireviarl^), viz. wine, honey, cheese, flour, and a Uttle oil.' Accord ing to other accounts, only the victor drank from this cup. The story which was sjTnbolicaJly repre- sented in the rites and ceremonies of this festival, and which was said to have given rise to it, is rela- te|l by Plutarch' and by Proclus.' OSCILLUM, a diminutive through oscutum from OS, meaning "a little face," was the term applied to faces or heads of Bacchus, which were suspended in the vineyards to be turned in every direction by the wind. Whichsoever way they looked, thef were supposed to make the vines in that quart* fruitful.' The left-hand figure in the annexed wo(\-f cut is taken from an oscillum of white marble it the British Museum. The back of the head if wanting, and it is concave within. The mouth anf pupils of the eyes are perforated. It represents the countenance of Bacchus with a mild and propltioua expression (molle, honestum?). A fillet, spirally twist- ed about a kind of wreath, surrounds the head^afld descends by the ears towards the neck. The me- tallic ring by which the marble was suspended still remams. The other figure is froin an ancient gem,' representing a tree with four bscilla hung upon its branches. A Syrinx and a Pedum are placed at the root of the tree. From this noun came the verb , oscillo, meaning " to swing." Swinging (oscillatio) was among the bodily, exercises practised by the Romans.' OSTIA'RIUM was a tax upon the doors ol houses, which appears to have been sometimes levied in the provinces.' Cicero' calls it acerbissi- ma exactio. There was a similar tax, called colum- narium, imposed upon every pillar that supported a house." O'STIUM. (Vid. JijiVA.) OSTRACISMUS. ( Vid. Banishmwt, Greek, p. 135.) *OSTRACODERMA ( barpaKohpiia ). " Thia term," says Adams, '-in its most extensive sense, comprehended two great orders of marine animals, namely, the cKXr/poarpaKa and the fia'kaK.oaTpaKtt. Under the cKXripocTpana were rjnked oysters, urch- ins, mussels, &c. ; under' the fia'AaKoarpaKa,. cr&ba of all kinds, craw-fish, &c. It must be borne in mind, however, that the general term oaTpaKodtp/ia is often applied in a restricted sense to the cKTajpi- arpaKa, or Testacea, and that barpea and barpaKia are occasionally used in the same sense, i. e., are applied to the Testacea."^^ OSTRAKON (barpaKov). {Vid. Fictile.) *OSTR'EUM {barpeov), a term most properly ap- plied to the Ostrea edulis, or common Oyster, but sometimes to the whole class of Crustacea, or iarpO' Kodepfta. "The Greeks, and more especially the 1. (Athen., xi., p. 495.)— 2. (Thes., 22, 23.)— 3. (p. 388, ed Gaisfoii— Compare Bekker's Anecdot., p. 318— Etym. Mag. and Hesych., s v. ■'n(rxoi.— Suid., s. v. 'S.axo'pi'pl'' ''"^ 'SicX' 0at them- selves ; the existence, however, of the art of design is established by the existence of the plastic art. tt is perhaps to this species of painting that Pliny alludes when he says,' " Plasta laudatissimi fuere Oamophilus et Gorgasus iidemque pictores." We will now, as briefly as possible, consider the gradual development of painting, and the informa- tion relating to its progressive steps, preserved in ancient writers. The simplest form of design or drawing {ypai^ticv) is the outline of a shadow, with- out any intermediate markings, or the shape of a I (PoUui, Onom., vii., 128.)— 2. (1. c.)— 3. (H. N.. ™., 57.) 4. (H. N., xxxy.,5.)— 5. (Pollai. Oiiom.,Ta., 18fS.)— P (mit.. «.) shadow itself (a silhouette), in black, white, If tg colour (umbra hominis imeis circumducta) ; this kind of drawing was termed miaypaijiia. But this sim- ple figure or shade, ania (crKiaypdfijia), when in col- our, was also essentially a monochrom (jiovoxpo/ia- Tov). The next step was the outline, the " pictura linearis," the monogram (liovoypa/i/tov) ; this is saM to have been invented by Philocles of Egypt or Cleanthes of Corinth, but first practised by Ardicei of Corinth and Telephanes of Sicyon ; it was the complete outline with the inner markings, still with- out colour, such as we find upon the ancient vases, or sucli at, Uie celebrated designs of Flaxman, which are perfect monograms. These outlines were most probably originally practised upon a white ground (h mvaKi A.e?-evKuuiv(fi), for Pliny remarks that they were first coloured by Cleophantas of Corinth, who used " testa trita," by which we should perhaps un- derstand that he was the first to draw them upon a coloured or red ground, such as that of the vases.' The next step is the more perfect form of the monochrom, alluded to above ; in this, light and shade were introduced, and in its most perfect state it was, in everything that is essential, a perfect picture. " These " monochromata" were practised in all times, and by the greatest masters. Pliny, speaking of Zeuxis,' says, "pinxit et monochromata ex albo ;" ex albo, that is, in gray and gray, similar to the chiariscuri of the Italians. They are described by Quintilian,' " qui singulis pinxcrunt coloribus, alia tamen eminentiora, alia reductiora fcccrunt." They were painted also red in red. Pliny* tells us that the old masters painted them in vermilion, " Cin- nabari veteres, quce etiam nunc vocant chromata, pinge- bant," and also in red lead, but that afterward the rubrica or red ochre was substituted for these col ours, being of a more delicate and more agreeable tint. Hygiemon, Dinias, and Charmadas are men- tioned by Pliny' as having been famous ancient monochromists ; their age is not known, but they most probably practised the simpler form, such m we find upon the most ancient vases. Four mono- chroms in the latter style, red in red, were discov- ered in Herculaneum." They are paintings of a late date, and are of considerable merit in every re- spect, but the colours have been nearly destroyed by the heat, and the pictures are in some places de- faced ; they are painted upon marble. They were probably all executed by the same artist, Alexander of Athens. AAEgANAPOS AeHNAIOS EPPA- *EN is an inscription upon one of them,' which represents five females, with their names attached, two of whom are playing at the ancient game with the tali (aarpaya^ia/ioc). These tablets are in the collection of ancient paintings of the Museo-Bor- bonico at Naples, Nos. 408, 409, 410, 411. The next and last essential step towards the fuU development or establishment of the art of painting (fuypajijo) was the proper application of local col- ours in accordance with nature. This is, however, quite a distinct process from the simple application of a variety of colours before light and shade were properly understood, although each subject may have had its own absolute colour. The local colour of an object is the colour or appearance it assumes in a particular light or position, which colour de- pends upon, and changes with, the light and the surrounding objects ; this was not thoroughly un- derstood until a very late period, hut there will ba occasion to speak of this hereafter. Probably Eu- marus of Athens, and certainly Cimon of Cieonae, belonged to the class of ancient tetrachromists oi 700 1. (PIm.,If.N.,xixv.,5.)— 2. (XXIV., 36.)-3. (xi,,3, ««•)— 4. (xxxiii., 39.)— 5. (xixv., 34.) — P. (Le AutichiU d'Ercolann vol. i., pi. 1, 2. 3, 4.)— 7. fnl. ) ) PAINTING. PAINTLVG. polychiomists, for painting in a variety of colours, without a due, or, at least, a partial observance of the lawrs of light and shade, is simply polychromy ; and a picture of this latter description is a much more simple effort than the rudest forms of the monochrom in chiaroscuro. There are a few exam- ples of this kind of polychrom upon the most ancient vases. In the worltf,! and appa- rently, also, j>aB6iov {xpd(eiv dia rov j)a66'ii6v.-}^ vid. Letronne, Encaustic, Journ. des Sav., SeptjjISSS, on the meaning of /)a6diov). The ancients used also a palette very similar ta that used by the moderns, although it appears that there is no absolute mention of the palette in any ancient author. The fact, however, is sufficiently attested by the figure of Painting discovered in the so-called Pantheon at Pompeii, which holds the pal- ette and brushes in her left hand." In the same work (plate 98), a female who is painting is repre- sented holding something in her left hand which ap- 1. (Pollux, Onom., vii., 128.)— 2. (VilruT., yii., 9.— Plin., H. N.. ixiiii., 40.)— 3. (Plin., H. N., xxxv., 33J— 4. (Quint., Inst. Or. vi., 1, « 3i.—Yid. Kaoul Kochette, p. 331.)— 5. (PoUui, Onom„ vii., 129.)-6. (Mxv.;37.)— 7. (vii., 4, 5.)— 8. (Aral., 13.)-». (Plin., ixxT., 45.)— 10. (Plin., H. N., xxxv., 10.— Cio. in Verr., iv., 65.— Dig. 19, tit. 1, s. 17, « 3— Miiller, Arcli»ol.,'« 319, 6.— Vid. Eaoul Rochotte, Sur I'emploi do la Peinture, Ac, a ivorll devoted to' tie iiacuasion of this subject.)^-! 1.' (Theoplir., H. PI., iii., 9, 7.— Plin., H. N., ivi., 73.)— 12. (Saidao, e. v.)— 13. (Athen- ag., 1. c.) — 14. (Antichita d'Ercolauo, vql, iii.j pi. 45.) — IS. (Timseus, Lex. Plat., s. v. Xpatvuv.)—W..i'ifli», pie soMniten omamente iind merkwtirdigsten gemftlde a^.V Pompeii HfilVn a num und Stabix, Berlin, 1828.) PAINTING PAINTING. peais'to be a palette, but it is not well defined even in tLe original. (Museum of Naples, No. 383, " La femme Peintre," Pompei. In the Antichita d'Erco- lano, it is given as a female copying a Hermes, vol. vii., pi. 1.) In the grotesque drawing of a portrait- painter at work, copied by Mazois' from a picture in the Casa Carolina at Pompeii, a small table serves as a palette, and stands close to his right hand ; it appears to have seventeen different tints upon it. It is most probable that the " tabella" of Pliny and the mvamov of Pollux (or even the iru^lov') signi- fied also palette as well as tablet. The ancient authors have left us less information concerning the media or vehicles {i(f KaTeiri:!7oiicc?.To, which is distinct from el- Kovec . . . . iv iyKaijiaci, ypa^ofievai Sid TTvp6(^). Fresco was probably little employed by the an- cients for works of imitative art, but it appears to have been the ordinary method of simply colouring walls, especially among the Romans. The walls were divided into compartments or panels, which were termed abaci, u6ait.ec ; the composition of the stucco, and the method of preparing the walls for paintingj is described by Vitruvius.* - They first cov- ered the wall with a layer of ordinary plaster, over which, when dry^ were successively added three Other layers of a finer quality, mixed with sand; above these were, placed still three layers of a com- position of chalk and marble dust, the upper one be- ing laid on before the under one was quite dry, and each succeeding coat being' of a finer quality than the precedingi By this process the different layers were so bound together, that the whole mass form- ed one solid and beautiful slab, resembling marble, and was capable of being detached from the wall, and transported in a wooden frame to any distance.* Vitruvius remarks that the. composition of the an- cient Greek walls was so excellent, that persona were in the habit of cutting away slabs from them and converting them into tables, which had a very beautiful appearance. This colouring al fresco, in whicb the colours were mixed simply in water, as the term implies, was applied when the composi- tion was still wet {udo tectorio), and on that account was limited to certain colours, for no colours except earths can be employed in this way, that have not already stood the test of fire. Pliny' mentions those colours which could not be so employed: purpuris- sum, Indicumi caeruleum, Melinum, auripigmentum, Appianum, and cerussa ; instead of Melinum they used paraetonium, a white from Egypt, which was by the Romans considered the best of wh ites. ( Vid. CoLORES.) The care and skill required to execute a work in fresco, and the tedious and expensive process of preparing the walls, must have effectually excluded it from ordinary places. The majority of the walls in Pompeii are in common distemper ; but those of the better houses, not only in Pompeii, but in Rome and elsewhere, especially those which constitute the ground of pictures, are in fresco. All the pic- tures, however, are apparently in distemper of a su- perior kind, or a guazzo, but the impasto is of va- rious qualities ; in some it appears to have the con- sistency of oil painting without its defects, in others it is very inferior. Ordinary distemper, that is, with glue or size, is probably the most ancient species of paintinR ; many of the ancient ornamental friezes and painted bassi- relievi in the temples and ruins in Egypt, and also many of ihe most ancient remains in Italy, are painted in this manner. , The fresco walls, when painted, were covered with an encaustic varnish, both to heighten the 1. (Liv., xxviii., 45.) — 2. (Compare Atheaffius, v., p. 204, 6.) —3. (Plot., Mor.Amator.,: 16.)— 4. (vii., 3.)— 6. (Vitrav., ii., 8. —Plin., H. N., xjxv., 49.)-?. (xxxt., 31.) 703 fAlNl'ING. PAINTING. colours, and to preserve them from the injurious ef- fects of the sun or the weather. Vitruvius' describes the process as a Greek practice, which they termed KovoiQ. When the wall was coloured and dry, Punic wax, melted and tempered with a little oil, was rubbed over it with a hard brush {seta) ; this was made smooth and even by applying a cautcrium. (Kavrfipiov), or an iron pan, filled with live coals, over the surface, &3 near to it as was just necessa- ry to melt the wax : it was then rubbed with a candle (waxi) and a clean linen cloth in the way that naiced marble statues were done." The Abate Requeno supposes that the candles were used as a species of delicate cauterium, simply to keep the wax soft, that it might receive a polish from the friction of the linen ; but it is a subject that pre- sents considerable difficulty. This kind of varnish was applied apparently to plain walls only, for Sir Humphrey Davy discovered no remains whatever, in the baths of Titus, of an encaustic varnish upon paintings, although the plain walls had generally traces of a red varnish of this description. Neither Pliny nor Vitruvius mention anything about colour ; but this is evidently a most simple addition, and does not interfere at all either with the principle or the application of the varnish. Paintings may have possibly been executed upon the Walls after they were thus varnished. A method apparently very generally practised by the Roman and later Greek painters was encaustic, which, according to Plutarch,' was the most durable of all methods ; it was in very little use by the ear- lier painters, and was not generally adopted until after the time of Alexander. Pliny* defines the term thus : " ceris pingere ac picturam inurere," to paint with wax or wax colours, and to burn in the picture afterward with the cauterium ; it appears, therefore, to have been the simple addition of the process of burning in to the ordinary method of painting with wax colours. There were various kinds of encaustic, with the pencil and with the cestrum ; but the difference between them cannot have been very great, for Pausias, whose style was in encaustic with the cestrum, nevertheless under- took to repair the paintings of Polygnotus at Thes- pise, which were painted in the ordinary manner, in water colours, with the pencil. Pliny,' in enumer- ating the most celebrated painters of antiquity, speaks separately of those who excelled in either class ; chap. 36 is devoted to those who painted in the ordinary method with the pencil, and chap. 40 principally to those who painted in encaustic. Cerae (waxes) was the ordinary term for painters' colours among the Romans, but more especially encaustic colours, and they kept them in partitioned boxes, as painters do at present (" Piclores loculalas magnas habcnt arculas, ubi discolores sint ceres'"). They were most probably kept dry in these boxes, and the wet brush or i)encil was r"hbed upon them when colour was required, or they were moistened by the artist previous to commencing work. From the term cerae, it would appear that wax constituted the prin- cipal ingredient of the colouring vehicle used ; but this does not necessarily follow, and it is very im- probable that it did ; there must have been a great portion of gum or resin in the colours, or they could not have hardened. Wax was undoubtedly a most essential ingredient, since it apparently prevents the colours from cracking : cerse, therefore, might originally simply mean colours which contained wax, in contradistinction to those which did not, but was afterward apphed generally by the Romans to the colours of painters, as, for instance, by Sta- 1. (vii., 9.)— 2. (Compare Plin., H. N., ixjtiii., 40.)— a. (I. c.) -4. (HIT., 39.)— 5. (irrr.)— 6. (VauTO, De Be Bnit., iii., 17.) 704 tius,' " Apellea cuperent te scriberc certe." l"he sp (oTToyyt'o, spongia), spoken of by Pliny and othei writers in connexion with painting, affords .gome proof that painting in water-colours was the meth- od generally practised by the ancient painters, which is also corroborated by the small vessel placed close to the palette or table of the portrait- painter of the Casa Carolina of Pompeii, evidently for the purpose of washing his single brush in. Seneca" notices the facility and i-apidity with which a painter takes and lays on his colours. That waj or resins may be used as vehicles in water-colour» has been already mentioned. The origin of encaustic painting is unknown. It was practised in two ways with the cestrum, name- ly, in wax and on ivory, and in a third manner with the pencil. The last method, according to Pliny, was applied chiefly to ship-painting ; the coloiirs were laid on hot. His words are, " Encauslo pin- gendi duo fuisse antiquitus genera constat, cera, et in ebore, cestro id est viriculo, donee classes pingi ex- pere. Hoc tertium accessit, resolutis igni ceris pcni- cillo utendi, qua pictura in navibus nee sole nee sale ventisque eorrumpitur."^ This passage, from its conciseness, presents many difficulties. " Cera, cestro," that is, in wax with the cestrum j this was the method of Pausias : " in ebore, cestro ;" this must have been a species of drawing with a hot point upon ivory, for it was, as is distinctly said, without wax, " cera, et in ebore." The third meth- od, "resolutis igni ceris penicillo utendi," though first employed on ships, was not necessarily con fined to ship-painting ; and if the assertion of Pliny is correct, it must have been a very different styl? of painting from the ship-colouring of Homer, since he says it was of a later date than the preceding methods. The " inceramenta navium" of Livy, and the Krjpoypa^ia of Alhenaeus, mentioned above, ma) have been executed in this third method of Pliny ; the use of the cauterium, or process of burning in. is here not alluded to ; but, since he defined en caustic to be " ceris pingere ac picturam inurere,' * its employment may be understood in this case also. It is difficult, however, to understand what effect the action of the cauterium could have in tho second method {in ebore, cestro), wiiich was wiiliaii wax. It would appear, therefore, that the defini. , tion alluded to is the explanation of the first-meur ; tioned method only ; and it is probable that the an- cient methods of painting in encaustic were not only three, but several ; the Kavait of Vitruvius, men- tioned also by himself, is a fourth, and the various modes of ship-painting add others to the numl'.er. Pliny' himself speaks of " zopissa," a composiUon of wax and pitch, which was scraped from ships ; and it is difficult to suppose that the higher class ol encaustic was practised with the cestrum only, since the pencil is such an infinitely more efficient instrument for the proper mixing and application of colours (Kepao.iofloi rii ;|;pU|Uara, Kal evKaipov itoiela- Bai TTjv EKiSoXjt avTuv'): The wax-painting on the fictile vases, mentioned by Athenseus,' can have been scarcely executed with the cestrum ; and it ia also unlikely that it was done with hot colours, as the painting of the "figlinum opus" mentioned by Pliny' may have been. But as there wpre various methods of painting in encaustic, it follows that the colours designed for this species of painting were also invariably prepared, and those which were suited for one style may have been quite unfit for another. All these styles, however, are compara- tively simple, compared with that of Pausias, in wax with the cestrum, "cera, cestro;" and it is dif- 1. (Syl»., I., i., 100.)— 2 (Ep., 121, 5.)— 3..(ixxt., 41.) (iHT., 39.)— 5. (xri., 23.)— fl. (Luoiwi, Imag., 7, vol. ii., p. ' K )— 7. (T , p. 200, e.)—8. (iixTi., 64.) PAINTING. l^AINTING. Seult for a modern practitioner to understand how a large and valuable picture could be produced by such a method, unless these colours of cerse, which painters of this class, according to Varro,' kept in partitioned boxes, were a species of wax crayons, which were worlied upon the panel with the broad eiid of the oestrum (which may have had a rough edge), within an outline or monogram previously drawn or cut in with the pointed end, and were af- terward fixed, and toned or blended by the action of the cauterium. Painters were in the habit of in- i>cribing the wori hcKavaev, "burned it in," upon pictures executed in encaustic, as Nt/ciof ivsKavaev, .\vaiimoi hiEKavaev.* VIII. Polychromy. — ^The practice of varnishing and polishing marble statues has been already inci- dentally noticed. The custom was very general; ancient statues were also often painted, and what is now termed polychrome sculpture was very com- mon in Greece, for the acrolithic and the chrys- elephantine statues were both of this description. Many works of the latter class, which were of ex- traordinary magnificence and costliness, are de- scribed by Pausanias. The term polychromy, thus applied, was apparently unknown to the ancients ; this species of painting is called by Plutarch' ayaX- uuTov lynavaif, and appears to have been executed by a distinct class of artists (aya^jUaruv eyKavaral). They are mentioned also by Plato,* ol /ivSpiavrag ypu(j)ovTec and if it is certain that Plato here al- ludes to painting statues, it is clear that they were occasionally entirely painted, in exact imitation of nature ; for he expressly remarks, that it is not by ap- plying a rich or beautiful colour to any particular part, but by giving its local colour to each part, that the whole is made beautiful (u?t.V udpec ei to, TvpotjiJKovTa itzat/roL^ uTTodicJovrpf, to 6/lov itaXov ■jroiov/iev). That this was, however, not a general practice, is evident from the dialogue between Lycinus and Polystra- tus, in Lucian,' where it is clearly, though indirect- ly stated, that the Venus of Cnidus by Praxiteles, and olhe/ celebrated statues, were not coloured, although they may have been ornamented in parts, and covered with an encaustic varnish. The practice of colouring statues is undoubtedly ■s ancient as the art of statuary itself; although they were perhaps originally coloured more from a love of colour than from any design of improving the resemblance of the representation. The Jupi- ter of the Capitol, placed by Tarquinius Prisons, was coloured with minium." In later times the custom seems to have been reduced to a system, and was practised with more reserve. Considera- ble attention also seems to have been paid to the effect of the object as a work of art. Praxiteles being asked which of his marble works he most ad- mired, answered, those which Niclas had a hand in, "guibus Nicias •nanum admovisset;" so much, says Pliny,' did he attribute to his circumlitio. Ni- cias, therefore, wh'i painted in encaustic, seems in his youth l6 have been an aya}.fiaTov lyKavar^c, or painter of statue*, and, from the approval of Prax- iteles, excelled apparently in this description of painting or colojiring. This view differs very materially from those which have been hitherto advanced upon this sub- ject, but it has not been adopted without mature •wnsideration. In the "circumlitio" of Nicias, the naked form was, most probably, merely varnished, the colour- ing being applied only to the eyes, eyebrows, lips, and hair, to the draperies, and the various orna- ments of dress ; and there can be little doubt that l..(l. e.)— 2. (I'lin., U. N., xny., 10, 39.)— 3. (De Glor. Alhen., e.)-4. (Do Eepub., iv., 420, c.)— «. (Imag.j 5, 8.)— 6.^ ITlin., iiiT., 45.)— 7. (xiiv., 40.) fine statues, especially of females, wlien careftii:; and tastefully coloured in this way, must have been extremely beautiful ; the encaustic varnish upon the white marble must have had very much the ef- fect of a pale transparent flesh. Gold was also abundantly employed upon ancient statues; the hair of the Venus de Medicis was gilded ; and in some, glass eyes and eyelashes of copper were ir«- serted, examples of which are still extant. The practice, also, of colouring architecture Hecm« to have been universal among the Greeks, and very general among the Romans. It is difficult to define exactly what the system was, for there is scarcely any notice of it in ancient writers ; a few casual remarks in Vitruvius and Pausanias are all we pos- sess of any value. Our information is drawn chieflj from the observations of modern travellers ; foi traces of colour have been found upon most of the architectural ruins of Greece, and upon the ancient monuments of Italy and Sicily ; but, with the ex- ception of the Doric ruins at Corinth and the Tem- ple of .iEgina, which are not of marble, the colour- ing was confined to the mouldings and other orna- ments, the friezes, the metopes, and the tympana of the pediments. The exterior of the wall of the cella of the jEgina temple, and the columns of the Corinthian ruins, were covered with stucco and col- oured red. It does not appear that the exterior walls, when of marble, were ever coloured, for no traces of colour have been found upon them. At an early age, before the use of marble, when tht temples and public edifices were constructed most ly of wood, the use of colour must have been much more considerable and less systematic ; but, du ring the most refined ages, the colouring, otherwisi quite arbitrary, appears to have been strictly con fined to the ornamental parts. From the traces found upon ancient monuments, we are enabled to form a very tolerable idea of the ancient system of decorating mouldings. They were painted in vari- ous ways and in a great variety of colours, and a tasteful combination of colours must have added greatly to the effect of even the richest mouldings. The ordinary decorations were foliage, ova, and beads ; but upon the larger mouldings on which fo- liage was painted, the outlines of the leaves were first engraved in the stone. Gilding and metal- work were also introduced, particularly in the Doric order ; the architrave of the Parthenon at Athens was decorated with gilded shields. Friezes that were adorned with sculpture appear to have been invariably coloured, as also the tympana of the ped- iments ; in the Parthenon these parts were of a pale blue ; in some of the Sicilian monuments red lias been found. Some interior polychrome corni ces of Pompeii are given in the work of Zahn.' In later times, among the Romans, the practice of colouring buildings seems to have degenerated into a mere taste for gaudy colours. Pliny and Vi- truvius both repeatedly deplore the corrupt taste of their own times. Vitruvius' observes that the dec orations of the ancients were tastelessly laid aside, and that strong and gaudy colouring and prodigal expense were substituted for the beautiful effect.s produced by the skill of the ancient artists. Pom- peii, with much that is chaste and beautiful, bar many traces also of what Vitruvius and Pliny cow plain of Plate 99 of Zahn affords a beautiful spt- cimen of the ancient wall-painting of Pompeii in courts and interiors. For a farther account of this subject, see Kugler, " Uebcr die Polychrqmie der Grifchisehen Architcctur und Sculptur und ihre Gren- zen," Berlin, 1835. IX. Yase Painting. — The fictile vase-painting of the Greeks was an art of itself, and was prac- 1. (Pie KhOn-ten OmameDte, &c., pi. 91 ) — 2, (vii,, 5.) 705 PAINTING. PAINTING. tiseu by a distinct class of artists,' who must nave required peculiar instruction, and probably exer- cised the art according to a prescribed system. It is, however, impossible to say anything positive re- garding the history of this branch of ancient paint- ing, as scarcely anything is known. The designs upon these vases (which the Greeks termed TJjiiv- 6oi) have been variously interpreted, but they have been generally considered to be in some way con- nected with the Initiation into the Eleusinian and other mysteries.' They were given as prizes to the victors at the Panathenasa and other games, and seem to have been always buried with their owners at their death, for they have been discovered only in tombs. Vase-painting cannot be adduced to determine the general nature or character of ancient painting as a liberal or imitative art ; though the rude de- signs upon the vases throw considerable light upon the progressive development of the art as relates to style of design, and in some degree upon the principles of Grecian composition of the early times ; but their chief interest and value consist in the faithful pictures they afford of the traditions, cus- toms, and habits of the ancients. The ancient vase-pajnters were probably attached to the potteries, or the establishments in which t>e vases were made ; or themselves constituted dis- tinct bodies, which, from the general similarity of styia and execution of the designs upon the vases, is not improbable. They do not seem to have been held in any esteem, for their names have not been preserved by any ancient writer ; and we only know the names of four, from their being inscribed upon the vases themselves, viz., Taleides, Assteas, Las- imos, and Calliphon.^ The words /ca/tof and /ta^ij, found frequently upon he ancient vases, are explained to be simple ac- clamations of praise and approval, supposed to be addressed to the person to whom the vase was pre- sented; the words are frequently preceded or fol- lowed by a name, evidently that of the person for whom the vase was designed. The inscription also V "■«'£• icaXij has been found on some vases, which have probably been designed as presents for young females. D'Hancarville* supposes that vase- painting had entirely ceased about the time of the destruction of Corinth, and that the art of manu- facturing vases began to decline towards the reign of Trajan, and arrived at its last period about the time of the Antonines and Septimius Severus. Vase-painting had evidently ceased long before the time of Pliny, for in his time the painted vases were of immense value, and were much sought af- ter ; but the manufacture of the vases themselves appears to have been still extensive, for he himself mentions fourteen celebrated potteries of his own ime, eight in Italy and six elsewhere. The vases, aowever, appear to have been merely remarkable for the fineness or durability of the clay and the el- egance of their shape.' For the composition of the clay with which these fictilia were made, see Fic- tile. Even in the time of the Empire, painted vases were termed " operis antiqui," and were then sought for in the ancient tombs of Campania and other parts of Magna Graecia. Suetonius' mentions the discovery of some vases of this description in the time ol Julius Caesar, in clearing away some very ancient tombs at Capua. It is also remarkable, that not a single painted vase has been yet discovered in 1. (Aristoph., Eodes., 995, 996, ed. Bekliar.)^2. (Lanzi, De' Vasi Antichi dipinti.— Christie, Disquisitions upon the painted Greek Vases.— Bottigei-. 'deen, &c.) — 3. (Millin, Peintures de Va-ses Antiques, vol. i., pi .3,' pi. 44 ; vol. ii., J)l. 37, pi. 61.— Mil- liugen, Anc. lined. Men., pi. 27.) — 4. (CuUection of Vases, &c., Introd.)— 5. (xxxv., 46.)- 6. (Jul. Cxs., 81 ) 700 either Pompeii, Herculaneum, or Stabise, which ii of itself almost sufficient to prove that vase-paint- ing was not practised, and also that painted vasee were extremely scarce. We may form some ides of their value from the statement of Pliny,' tha: they were more valuable than the Murrhine vases. ( Vid. MuREHiNA Vasa.) The paintings on the va- ses, considered as works of art, vary exceedingly in the detail of the execution, although in style of design they may be arranged in two principal class es, the black and the yellow ; for those which do not come strictly under either of these two heads are either too few or vary too slightly to require a distinct classification. The majority of the vases that have been as yet discovered, have been found in ancient tombs about Capua and Nola. The black vases, or those with the black figures upon the stained reddish-yellow terra-cotta, the best of which were found at Nola, are the most an- cient, and their illustrations consist principally of representations from the early mythological tradi- tions ; but the style of these vases was sometimes imitated by later artists. (Plate 66, vol. iv., of D'Hancarville is an example.) The inferior exam- ples of this class have some of them traces of the graphis or cestrum upon them, which appear to have teen made when the clay was still soft ; some also have lines or scratches upon the figures, which have been added when the painting was completed. The style of the design of these black figures, or skiagrams, is what has been termed the Egyptian or Daedalian style. The varieties in this style are oc- casionally a purple tint instead of the black ; or the addition of a red sash or a white vest, and some- times a white face and white hands and feet. A curious and interesting example of this kind of pol- ychrom, in black, red, and white, was discovered near Athens in 1813, representing on one side a Mi' nerva with a spear and shield, in the Dtedalian style, and on the reverse, in a somewhat better style, a young man driving a biga of most ancient construction ; it is supposed to represent Erichtho- nius. Near the Minerva is the following inscrip- tion, written from right to left : TON AGENEON AeAON EMI, rav 'kdriviav uB^ov elfd, ." I am the prize of the Athenaea" (Panathenaea). ' It is sup- posed to be of the time of Solon." The vases with the yellow monograms, or, rather, the black monograms upon the yellow grounds, con stitute the mass of ancient vases. Their illustra tions are executed with various degrees of merit • those of inferior execution, also of this class, have traces of the graphis upon them, which appear to have been drawn upon the soft clay ; the only col our upon these, independent of that of the clay, is the dark back-ground, generally black, which renders the figures very prominent. The designs upon the better vases are also merely monograms, with the usual dark back-grounds, but there is a very great difference between the execution of tnese and that of those just alluded to ; there are no traces what- ever of the graphis upon them; their outlines are drawn with the hair pencil, in colour, similar to that of the back-ground, which is a species of black var- nish, probably asphaltum ; or, perhaps, rather pre- pared with the gagates lapis (jef!) (yoyar^c), of Pliny, for he remarks that it is indehble when used on this kind of earthenware.^ The best of these vases, which probably belong to about the time of Alexander, are conspicuous for a very correct style of design, although they are in- variably carelessly executed, especially in the ex- tremities, but exhibit, at the same time, a surprising facility of hand. The celebrated vase of Sir W. 1. (Mxv., 46.)— 2. (M-llingcn. Anc. Uned. Mon., pi 1.1— S (xixvi., 34 ) PUNTING PAIJ;'i^^:r Hamilton's collection, now in tiie British niuseum, the paintings of which represent "Hercules and his companions in the gardens of the Hesperides, and the race of Atalanta and Hippomenes, exhibits, for design, composition, and execution, perhaps, the finest specimen of ancient vase-painting that has been yet discovered : ihe style of design is perfect, but the execution, though on the whole laborious, is in many parts very careless.' There appears to be no example of the more per- fect monochrom' upon ancient vases, and examples of the polychrom are very rare. In Sir W. Harail- lon's collection there are a few examples in which various colours have been added after the ordinary monogram has been completed, for they are not in' corporated with the vase, as the black and ground lints are, but are subject to scale, and are easily rubbed off. They consist of white, red, yellow, and blue colours. These vases are apparently of a la- ter date than the above, for the style of design is very infericr. The museums of Naples, Paris, London, and oth- er cities, afford abundant examples of these ancient vases ; the Museo Borbonico at Naples contains alone upward of 2500 specimens. The subjects of the illustrations are almost always connected with ancient mythology, and the execution is generally inferior to the composition. No opinion of the style of the designs upon an- cient vases can be formed from the generality of the great works purporting to illustrate them which have been published of late years. Very few are at all accurate in the lines and proportions, espe- cially of the extremities, and in some even the composition is not faithfully imitated. This is par- ticularly the case with the splendid works published fay Dubois-Maissonneuve, Laborde, and some others, in which the illustrations are drawn with a care, precision, and uniformity of character quite foreign to the paintings on the vases. They all appear to be drawn rather according to common and perfect standards of the different styles, than to be the faith- ful imitations of distinct original designs. Plates 25 and 26 of the first volume of Maissonneuve, pur- porting to be faithful imitations of the design upon the celebrated Nola vase (in the Museum at Naples, No. 1846), representing a scene from the destruc- tion of Troy, bear but little resemblance' to the ori- ginal. This remark is applicable, also, to the work of D'Hancarville and other productions, but in a less degree. Perhaps the work vvhich illustrates most faithfully the style of the designs upon ancient vases, as far as it goes, is that in course of publication by Gerhard.^ The specimens, also, of ancient paint- ings published by Raoul Rochette* have every ap, pearanceof being faithful imitations of the originals. X. Remains of Ancient Painting. — ^There is a gen- eral prejudice against the opinion that the painting of the Greeks equalled their sculpture ; and the earlier discoveries of the remains of ancient paint- ings at Pompeii' and Herculaneum tended rather to increase this prejudice than to correct it. The style of the paintings discovered in these cities was condemned both by Pliny and Vitruvius, and yet almost every species of merit may be discovered in them. What, therefore, must have been the produc- tions which the ancients themselves esteemed their immortal works, and which, singly, were estimated equal to the wealth of cities 1^ These remains of Pompeii and Herculaneum in- duced Sir Joshua Reynolds to form a decided opin- ion upon ancient painting. He remarks,' "From 1. (D'Hancarville, plates 127, 128, 129, 130.)— 2. (Vid. No. HI., p. 681.) — 3. (Auserleseao Griechische Vasenbilder, Berlin, 1839.)— 4. (Peintures AntiquoB.)— 5. (Plin., H. N., hit., 32.)— ». (Notes to Fresn., 37.) liic yaWflUs ancient paintings which liavo cm* down to us, wc may form a judgme nt, with tolerabl* accuracy, oi" the excellences arid the defects of the arts among the ancients. There can be no doubl ibut that the same correctness of design was re- quired from the painter as from the sculptor ; and if what has happened in the case of sculpture had likewise happened in regard to their paintings, an^. we had tl^e good fortune to possess what the an- cients themselves esteemed their master-pieces, I have no doubt but we should find their figures as correctly drawn as the Laocoon, and probably col- oured like Titian." This opinion has been farther confirmed by later discoveries at Pompeii, espe- cially by the, great mqsaic of the Casa del Fauno, discovered in 1831, supposed to represent the bat- tle of Issus.' But the beauty of ancient sculpture alone is itself a powerful advocate in favour of this opinion ; for \yhen art has once attained such a de- gree of excellence as the Greek sculpture evinces, it is evident that nothing mediocre or even inferior could be tolerated. The principles which guide the practice of both arts are in design and proportion the same ; and the style, of design in painting can- not have been inferior to that of sculpture. Sever al of the most celebrated ancient artists were both sculptors and, painters :,, Phidias and Euphranoi were both ; Zeuxis and Protogenes were both mod ellers ; Polygnotus devoted some attentionto stat uary ; and Lysippus consulted Eupompus upon style in sculpture. "The design of Phidias and Euphra- nor in painting cannot have been inferior in style to that of their sculpture ; nor can Eupompus have been an inferior critic in his own art than in that of Lysippus. We have, besides, the testimony of nearly all the Greek and Roman writers of every period, who, in general, speak more frequently and in higher terms of painting than of sculpture. " S« guid generis istiusmodi me delectat,.pictura delect&t," says Cicero," The occasional errors in perspective, detected ni some of the architectural decorations in Pompeii, have been assumed as evidence , that the Greek painters generally were deficient in perspective. This conclusion by no means follows, and is entire- ly confuted by the mosaic of the battle of Issus, in which the persp^qtive is admirable ; in many other works, also, of ininor importance, the perspective has been carefully attended to. We know, moreover, that the Greeks were acquainted with perspective at a very early ,, period ; for Vitruvius' says, that when .lEschylus; vi;as teaching :tragedy at Athens, Agatharcus made, a. scene, and,,left-,a: treatise upon it.: t By, the assistance of Ihis, : J).einocritus and Aij^xagoras wi;ot,e upon the same subject, showing how the; extension of rays from; a fixed point of sight should be made to correspond to lines accord- ing to natural reason ; so that the images of build- ings in painted scenes might have the appearance of reality, and, although painted upon flat, vertical surfaces, some parts should seem to recede and others to come forward. This class of painting was termed scenography (aKnvo-/paia) by the Greeks, and appears to have been sometimes prac- tised by architects. Clisthenes of Eretria is men- tioned as architect and scenograph (ir/o^i'oypa^oc).' Serapion, Eudorus, and others, were celebrated aa scene-painters.' Scene-painting was, perhaps, not generally practised until after the time of .lEschylus, for Aristotle' attributes its introduction to Sophocles. The most valuable and the most considerable of ancient paintings that have yet been discovered are : The so-called Aldobrandini Marriage, Nozze ♦.) l.:(Mosaic. No. XV.)— 2. (ad Fam., vii., 23.)— 3. (7ii., pnef.) ■1. (Diog., ii., 125.)— 5. (Plin., H. N., ixxv., 37, 40.)— 6. (Poet, 707 PAINTmo. .-•AINTING. A-Wubrandine, originally the property of the Aldo- brandini family, which was found on the Esquiline Mount during the ponti:tcate of Clement VIII., Ip- polito Aldobrandini, and was placed by Pius VII. in the Vatican : this painting, which is oh stucco, and contains ten rather small figures in three groups, is a worlc of considerable merit in composition, draw- ing, and colour, and is executed with great freedom ;' and the following paintings of the Museo Borbonico at Naples, which are conspicuous for freedom of execution and general technical excellence : the two Nereids found in Stabiae, Nos. 561 and 563, Cat. ; Telephus nourished by the roe, &c., from Herculaneum, No. 495 ; Chiron and Achilles, also from Herculaneum, No. 730 ; Briseis delivered to the heralds of Agamemnon, from Pompeii,' No. 684 ; and the nine Funambuli or rope-dancers, which are executed with remarkable skill and fa- cility. (Mus. Borb., Ant. d'ErcoL, and Zahn con- tain engravings from these works ; for fac similes of ancient paintings, see " Recueil de Peintures an- tiques, imities fiiUement pour les couleurs et pour le Irait, d'apris les desseins calories fails par P. S. Bar- toli" &c., Paris, 1757, folio.) XI. Period of Development. Essential Style. — With Polygnotusof Thasos(B.C. 463) painting was fully developed in all the essential principles of imi- tation, and was established as an independent art in practice. The works of Polygnotus were con- spicuous for expression, character, and design ; the more minute discriminations of tone and local col- our, united 'with dramatic composition and effect, were not accomplished- until a later period. The limited space of this article necessarily precludes anything like a general notice of all the various pro- ductions of Greek painters incidentally mentioned in ancient writers. With the exception, therefore, of occasionally mentioning works of extraordinary celebrity, the notices of the various Greek painters of whom we have any satisfactory knowledge will be restricted to those who, by the quality or pecu- liar character of their works, have contributed to- wards the establishment of any of the various styles of painting practised by the ancients. Polygnotus is frequently mentioned by ancient writers, but the passages of most importance rela- ting to his style are in the Poetica of Aristotle' and in the Imagines of Lucian.* The notice in Pliny' is very cursory : he mentions him among the many before Olympiad 90, from which time he dates the commencement of his history, and simply states that he added much to the art of painting, such as opening the mouth, showing the teeth, improving the folds of draperies, painting transparent vests for women, or giving them various coloured head- dresses. Aristotle speaks of the general character of the design and expression of Polygnotus, Lucian of the colour; in which respects both writers award him the highest praise. Aristotle,' speaking of im- itation, remarlcs, that it must he either superior, inferior, or equal to its model, which he illustrates by the cases of three painters : " Polygnotus," he says, "paints men better than they are, Pauson worse, and Dionysius as they are." This passage alludes evidently to the general quality of the design of Polygnotus, which appears to have been of an exalted and ideal character. In another passage' he speaks of him as an ayaBoQ ^Boypufoc, or an ex- cellent delineator of moral character and expression, and assigns him, in this respect, a complete superi- ority over Zeuxis. From the passage in Lucian, we may infer that Polygnotus, Euphranor, Apelles, and Aetion were the best colourists among the an- 1. (BOttiger and Meyer, Die Aldobrandinische Hocbzeit, Dies- den, 1810.)— 2. (Sir W. Cell, Pompeiana, pi. 39 and 40.)— 3. (c. r and 6.)— 4. (c. 7.)— 5. (iiiv., 35.)— 6. (c. 3.)— 7. ianiaa in describing these pictures, their composition has been generally condemned. It is, however, by no means certain that they were not a series of pic- tures painted upon panels of wood, and inserted into tlie wall, according to the ancient practice; but, even supposing them to have been distinct groups painted upon the walls themselves, as they have been treated by the brothers Riepenhausen,' their composition should not be hastily condemned. The painting of the destruction of Troy (and the other was similar in style) seems to have contained three rows of figures, with the names of each writ- ten near them, in distinct groups, covering tho whole wall, each telling its own story, hut all con- tributing to relate the tale of- the destruction of Troy. It is evident, from this description, that we cannot decide upon either the merits or the demer- its of the composition, from the principles of art which guide the rules of composition of modern times. Neither perspective nor composition, as a whole, are to be expected in such works as these, for they did not constitute single compositions, noi was any unity of time or action aimed at ; they were painted histories, and each group was no far- ther connected with its contiguous groups, than that they all tended to illustrate different facts of the same story. The style of Polygnotus was strictly ethic, for his whole art seems to have been employed in illustra- ting the human character ; and that he did it well, the surname of Ethograph ('HSoypdiof), given to him by Aristotle and others, sufficiently testifies. His principles of imitation may be defined to be those of individual representation, independently of any ac- cidental combination of accessories ; neither the picturesque, nor a general and indiscriminate pic- ture of nature, formed any part of the art of Poly- gnotus or of the period. Whatever, therefore, was not absolutely necessary to illustrate the principal object, was indicated merely by a symbol : two or three warriors represented an army, a single hut an encampment, a ship a fleet, and a single house a city ; and, generally, the laws of basso-relievo appear to have been the laws of painting, and both were still, to a great extent, subservient to archi- tecture. The principal contemporaries oi Polygnotus were Dionysius of Colophon, Plistffinetus and Panffinua of Athens, brothers of Phidias, and Micon, also of Athens. Dionysius was apparently an excellent portrait 1. (X., 26-31.)— 2. (Peintures do Polygnote A Delphes dcini n6e« et gravies de apr^s la d6scrlption.d' Fausaniaa.) P-lINTING PAINTING. painter, the Holbein of antiquity j for, besides the testimony of Aristotle, quoted al.ove, Plutarcii' re- marks, that the works of Dionysius wanted neither force nor spirit, but that they had the appearance of being too much laboured. Polygnotus also painted portrails, for Plutarch" mentions that he painted his mistress Elpinice, the sister of Cimon, as Laodicfea, in a picture In the HomlXri arod, or Pcecile at Athens, «liich received its name from the paintings of Pol- yjnotus, Micon, Pansenus, and others, executed in tae periods of Cimon and Pericles ; this colonnade was previously called a-oa JleiatavuKTiog.' What these paintings were we learn from Pausanias,* viz., the battle of the Athenians and Spartans at (Enoe ; the painter of this piece is not known, but it was probably Plistaenetus, who is mentioned by Plutarch' as a famous battle painter ; the battle of Theseus and the Athenians with the Amazons, by Micon ;^ the battle of Marathon, by Pansenus ;' and the rape of Cassandra, &c., by Polygnotus.' These paintings, after adorning the Pcecile for about eight centuries, were removed from Athens in the time of Arcadius.' Raoul Rochette infers from this that they were upon panels. Pansenus is termed by Strabo'" the nephew of Phidias : he assisted Phidias in decorating the stat- ue and throne of the Olympian Jupiter. Micon was particularly distinguished for the skill with which he painted horses, ^lian" relates that he was once ridiculed by a certain Simon, skilled in such matters, for having painted eyelashes to the under eyelids of one of his horses — a critical nicety scarcely to have been expected in so early an age. Prize contests, also, were already established, in this early period, at Corinth and at Delphi. Pliny" mentions that Pansenus was defeated in one of these at the Pythian games, by Timagoras of Chalcis, Who himself celebrated his own victory in verse. The remarks of Quintilian'-' respecting the style of this period are very curious and interesting, al- though they do not accord entirely with the testi- monies from Greek writers quoted above. He says that, notwithstanding the simple colouring of Polygnotus, which was little more than a rude foundation of what was afterward accompUshed, there were those who even preferred his style to the styles of the greatest painters who succeeded him ; not, as Quintilian thinks, without a certain degree of affectation. Xn. Establishment of Painting. Dramatic Style. -In the succeeding generation, about 420 B.C., through the efforts of ApoUodorus of Athens and Zeuxis of Heraclea, dramatic effect, was added to the essential style of Polygnotus, causing an epoch in the art of painting, which henceforth compre- hended a unity of sentiment and action, and; the imitation of the local and accidental appearances of objects, combined with the historic and generic rep- resentations of Polygnotus. The contemporaries of ApoUodorus and Zeuxis, and those who carried out their principles, were Parrhasius of Ephesus, Eupompus of Sicyon, and Timanthes of Cythnus, all painters of the greatest fame. Athens and Si- cyon were the principal seats of the art at this pe- riod. ApoUodorus, says Plutarch," invented tone ((jiBopav xal a-rroxpaaiv ff/tiuf), which is well defined by Fu- geli" as " the element of the ancient 'Ap/ioy^, that imperceptible transition which, without opacity, confusion, or hardness, united local colour, demitint. J. (Timol., 36.)— 2. 'Ciraon, 4.)— 3. (Plat., 1. c.)—4. (i., 15.) -S. (De Glor. A/;hen, 2.)— 6. (Plin., H. N., xxxv., 35.) — 7. (Plin., H. N., xxsv., 34.)— 8. (Plin., H. N., ixxv., 35.)— 9. (Sy- nesius. Epist., 54andl35.)— 10. (™i.,p. 3S4,)— 11. (H. A., iv., W.)— 12. (iixT., 35.)— 13. (Inst. Orat., lii., 10.)— 14. (De Glor. AtheB , 20— 1!>- (Loct. i.) shade, and reflexes.'' This must, h(/wever, not M altogethsr denied to the earlier painters ; for Plu- tarch himself attributes the same property to the works of Dionysius {laxiv ixovra xal tovov), though in a less degree. The distinction is, that what in the works of Dionysius was really merely a grada- tion of light and shade, or gradual diminution of light, was in those of ApoUodorus a gradation alto of tints, the tint gradually changing according to the degree of light. The former was termed tovo^, the latter dpjioy^ ; but the English term tone, when ap- plied to a coloured picture, comprehends both ; it is equivalent to the " splendor" of Phny.' ApoUodorus first painted men and things as they really appeared ; this, is what Pliny' means by 'f Hie primus species exprimere instituit." The rich effect of the combination of light and shade with colour is also clearly expressed in the words which follow : , " primusque gloriam penicillo jure contulit;" also, *' neque anteeum tabula ullius ostenditur, qucB ic- neat oeulos.'.' We may almost imagine the works of a Rembrandt to be spoken of; his pictures riveted the eye. Through this striking quality of his works, he was surnamed the shadower, cKiaypd(po;.* He was in the habit of writing upon his works, ;* It is easier to find fault than to imitate," fiafi^asTai tij jiaMqv f/ iiinripeTm,' which Pliny' relates of Zeuxis. Zeuxis combined a certain degree of ideal form with the rich effect of ApoUodorus. QuintUian' says that he followed Homer, and was pleased with powerful forms even in women. Cicero" also praises his design. Zeuxis painted many celebra- ted works, but the Helen of Croton, which was painted from five of the most beautiful virgins in the city, was the most renowned, and under which he inscribed three verses' in the third book oif the Iliad.'" Stobseus" relates an anecdote of the paint- er Nicomachus and this Helen, where the painter is reported to have observed to one who did not understand why the picture was so much admirei " Take ray eyes, and you wiU see a goddess." We learn from another anecdote, recorded by Plutarch," that Zeuxis painted very slowly. Parrhasius is spoken of by ancient writers in terms of the very highest praise. He appears to have combined the magic tone of ApoUodorus and the exquisite design of Zeuxis with the classic in- vention and expression of Polygnotus ; and he so circumscribed aU the powers and ends of art, says Quintilian," that he was called the "Legislator." He was himself not less aware of his abUity, for he termed himself the prince of painters ('EXl'nvav irpuTa (jiepovTa rexvoc^*). He was, says Pliny," the most insolent and most arrogant of artists. Timanthes of Cythnus or Sicyon was distin- guished for invention and expression ; the particu- lar charm of his invention was, that he left much to be supplied by the spectator's own fancy ; antl, although his productions were always ainirable works of art, stUl the execution was surpassed by the invention. As an instance of the ingenuity of his invention, PUny" mentions a sleeping Cyclops that he painted upon a smaU panel, yet conveyed an idea of his gigantic form by means of some small satyrs, who were painted measuring his thumb with a thyrsus. He was celebrated also for a picture of the sacrifice of Iphigenia. (See the admirable remarks of Fuseli upon this picture. Lec- ture i.) Timanthes defeated Parrhasius in a pro- fessional contest,' in which the subject was the 1 (Timol., 36.)— 2. (xxxv., 11.) — 3. (xxxv., 36.)— 4. (He- sych., s. V.)— 5. (Plut., Do Glor. Athen., 2.)— 6. (1. c.)— 7. (1. 0.)— 8. (Brut., 18.)— 9. (156-15S.)— 10. (Val. Max., iii., 7, 1) 3 — Cic, Do Invent., ii., 1.— .Lilian, V. H., iv., 12, &o.) — H.' (Serni.,61.)— la. (Pericl., 13.)— 13. (1. o.)— 14. (Athen., xii., d M3, c.)— 15. (xxxT., 36.- Compare Atheu., zr., p. 087, b. -1) (HIV., 36, « a.) ' • 709 PAINTING. i-AINTING. combat of Ulysses and Ajax for the arms of Achil- Eupompus of Sicyon was the founder of the cel- ebrated Sicyonian school of painting which was afterward established by Pamphilus. Such was the influence of Eupompus's style, that he added a third, the Sioyonic, to the only two distinct styles of painting then recognised, the Helladic or Grecian and the Asiatic, but subsequently -to Eupompus distinguished as the Attic and the Ionic ; which, with his own style, the Sidyonic, henceforth con- stituted the three characteristic styles of Grecian painting." We may judge, from the advice which Eupompus gave Lysippus, that the predominant characteristic of this style was individuality ; for upon being consulted by Lysippus whom of his pre- decessors he should imitate, he is reported to have said, pointing to the surrounding crowd, " Let na- ture be your model, not an artist."' This celebra- ted maxim, which eventually had so much influ- ence upon the arts of Greece, was the first pro- fessed deviation from the principles of the generic style of Polygnotus and Phidias. XIII. Period of Refinement. — The art of this pe- riod, which has been termed the Alexandrean, be- cause the most celebrated artists of this period lived about the time of Alexander the Great, was the last of progression or acquisition ; but it only added variety of effect to the tones it could not im- prove, and was principally characterized by the di- versity of the styles of so many contemporary art- ists. The decadence of the art immediately suc- ceeded ; the necessary consequence, when, instead of excellence, variety and originality became the end of the artist. " Floruit circa Philippum, el us- que ad succcssores Alexandri," says Quintilian,*";)!c- tura pracipue, sed diversis mrlutihus ;" and he then emunerates some of the principal painters of this tiins, with the excellences for which each was dis- ting-jijjed. Protogenes was distinguished for high finish ; Pamphilus and Melanthius fqr composition ; Antiphilus for facility ; Theon of Samos for his prolific fancy ; and for grace Apelles was unrivalled ; Euphranor was in all things excellent ; Pausias and Nicias were remarkable for chiaroscuro of various kinds ; Nicomachus was celebrated for a bold and rapid pencil ; and his brother Aristides surpassed all in the depth of expression. There were also other painters of great celebrity during this period: Philoxenus of Eretria, Asclepiodorus of Athens, Athenion of Maronea, Echion, Cydias, Philochares, Theomnestus, Pyreicus, &c. This general revolution in the theories and prac- tice of painting appears to have been greatly owing to the principles taught by Eupompus at Sicyon. Pamphilus of Amphipolis succeeded Eupompus in the school of Sicyon, which from that time became the most celebrated school of art in Greece. Pam- philus had the reputation of being the most scien- tific artist of his time ; and such was his authority, says Phny,' that chiefly through his influence, first in Sicyon, then throughout all Greece, noble youths were taught the art of drawing before aU others. " Graphice, hoc est, pictura in huxo," that is, draw- 'ng, in which the elementary process consisted in 'rawing lines or outUnes with the graphis upon 54S, aj— 23. (Anl. Gell., vi., 10.— Plant., Trin., t., 2, 30.— Athen., T., p. 198, c, d., /.— Theopir., Char., 21 .^St. Matthew, v., M— I)hn,itii., 23-^; wearer of it had occasion to run ; and we find that in such circumstances he either put it away entire- ly,' or folded it up as a Scottish Highlander folds his plaid, and threw it round his neck or over his shoulder." Telemachus, in like manner, puts off his purple pallium, together with his swordbelt, when he is preparing to try his father's bow.' On the other hand, to wear the blanket without the under-clothing indicated poverty or severity of man- ners, as in the case of Socrates,* Agesilaus,* and Gelon, king of Syracuse.' The blanket was no doubt often folded about the body simply with a view to defend it from cold, and without any regard to gracefulness of appearance. It is thus seen on the persons of Polynices and Par- thenopaeus in the celebrated intaglio, now preserved at Berlin, representing five of the heroes who fought against Thebes, and copied on an enlarged scale in the annexed woodcut. The names of the several heroes are placed beside them in Etruscan letters. This precious relic was found at Perugia. Winck- elmann' reckons it the most ancient of all the works of artj and says that "it holds among intaglios the same place which Homer occupies among poets." It shows, therefore, how, from the remotest periods of antiquity, a man "swathed" himself in his blan- ket {mrapyavuv iavrbv. rote fpiSovioi;'). By a slight adaptation, the mode of wearing it was rendered both more graceful and more convenient. It was first passed over the left shoulder, then drawn be 1. (Horn., II., ii., 183,— Od.. xh., 500.)— 2, (Plant., Oipt,,lV., i., 12 ; iv., 2, 9.— Ter., Phorra., V., yi., 4.)— 3. (Horn., Od., «i US.— Yid. Acts, vii., 58.) — 4. (Xen., Mem., i,, 6.^2 )— 5 (XI V. H., vii., 13.)— 6. (Diod. SJE.j.xi., 26.)-7. (DSsc. des pietto" jravtes de Stosch, p ?»t-347,)— 8. (Athon., vi., p. 258.) 719 PALLIUM PAtUDAMENTUM. Iii/id the t)dck and under, the right arm, leaving it bare, and then thrown again over the left shoulder. Of this we see an example in a bas-relief engraved by Dodwell.' Another very common method was to fasten the blanket with a brooch {vid. Fibula) over the right shoulder {a/upmepovaadai'), leaving the Tight arm at liberty, and to pass the middle of it either under the left arm, so as to leave that arm at liberty also, or over the left shoulder, so as to cover the left arm. We see Phocion attired in the last-mentioned fashion in the admired statue of him preserved in the Vatican at Rome.^ (See woodcut.) The attachment of the blanket by means of the brooch paused it to depend in a graceful manner {demissa ex Kumeris*), and contributed mainly to the production of those dignified and elegant forms which we so much admire in ancient sculptures. When a person sat, he often allowed his blanket to fall from his shoulder, so as to envelop the lower part of his body only. The sagum of the northern nations of Europe (see woodcut, p. 171) was a woollen pallium, fast- ened, like that of the Greeks, by means of a brooch, or with a large thorn as a substitute for a brooch.' The Gauls wore in summer one which was striped and checkered, so as to agree exactly with the plaid which still distinguishes their Scottish de- scendants ; in winter it was thick, and much more simple in colour and pattern.' The Greeks and Romans also wore different pallia in summer and in winter. The thin pallium made for summer wear was called A^dof, dim, 'hjSapiov,'' and anetpov, dim. cTreiplov,^ in contradistinction from the warm blan- ket with a long nap, which was worn in winter {lana,' x^alva,^" axXawoi^^). This distinction in dress was, however, practised only by those who could afford it. Socrates wore the same blanket both in summer and winter." One kind of blanket was worn by boys, another by men {to naiSiicov, to dviptlov l/idTiov"). Women wore th;s garment as well as men. " Phocion's wife," says .■Elian,'" " wore Phocion's blanket :" iut Xanthippe, as related by the same author," would not wear that of her husband Socrates." When the mean*! were not wanting, women wore blankets, which were in general smaller, finer, and of more splendid and beautiful colours than those of men (i>o(|ii«rm uvSpeia"), although men also some- limes displayed their fondness for dress by adopting in these respects the female costume. Thus Alci- biades was distinguished by his purple blanket, which trailed upon the ground ;" for a train was one of the ornaments of Grecian as well as Oriental dress (i/iariuv ??.ff(f"), the general rule being that the upper garment should reach the knee, but not the ground." When a marriage was celebrated, the bridegroom was conspicuous from the gay col- our of this part of his dress." The works of an- cient art show that weights (g/andes) were often attached to the corners of tlie pallium to keep it in its proper place and form. Philosophers wore a coarse and cheap blanket, B'hieh, from being exposed to much wear, was 1. (Tuur through Greece, vol. i,, ji. 243.) — 2. (Horn., II., x., 131-136.— Stat., Theb., vii., 658, 659.— Apul., Floi-., ii., 1.1—3. (MU8. Pio-CIement., torn, i., tav. 43.) — 4. (Vjrg., vEn., iv., 263.) -5. (Tacit., Geini., 17.— Stiah., iv., 4, 3.)— 6. (Diod. Sic, v., M.)— 7. (Aristnph., Aves, 713, 717.)— 8. (Horn., Od., ii., 102 ; vi., J79.— Xen., Hist. Gr., iv., 5, « 4.)— 9. (Mart., xiv., 136.)— 10. (Moeris, s. v.— Horn., II., xvi., 224.— Od., xix., 529.— Plut., De And., p. 73, pd. Steph.)— 11. (Callim., Hymn, in Dian., 115.)— J2. (Xoii., Mill., i.. 6, «2.) — 13. (Plut.,De Aud., init.) — 14. (V. H.,vii., i)— 15. (vii., 10.)— 16. (Virf. also Horn., Od., v., M9, 230 ; x., 542, 643.— Plant., Mem., IV., ii., 36.— Herod., v., 87.)— 17. (Aristoph., Eccles., 26, 75, 333.)— 18. (Pint., Alcib., p. 350, 362, ed. Steph.)— 19. (Plato, Alcib., i., p. 341, ed. Beklier.— Ovid, Met., xi., 166.— Quintil., xi., 3.)— 20. (.Xlian, V. H., li., 10. — Theophr., Char., 4.^ — 8'.. (Ariitoph., Kut., SJO, 714.— Bchol. in loc.) 720 called Tpttuv and Tpiiavtov^ (palliaitrum*).' Im same was worn, alSo, by poor persons,' by the Spar- tans,* and in a later age by monks and hcrmitt {^awv TpiSaviov,' sagum rusticiim'). These blafi. lieteers (Tpi6avoij>6poi'') often went without a tunio, and they sometimes supplied its place by the great- er size of their pallium. It is recorded of the phi- losopher Antisthenes that " he first doubled his blanket,'" in which contrivance he was followed by his brother Cynics,' and especially by Eioj;enes who also slept and died in it, and who, according to some, was the inventor of this fashion." The large pallium, thus used, was called dirr/loiV {diyltns"\ and also Exomis, because, being worn withoni the fibula, it left the right shoulder bare, as seen i'l the preceding figure of Polynices, and in the bas-ieJief in Dodw-ell's Tour already referred to ;" and, when a girdle was added round the waist, it approached still more near to the appearance of the single- sleeved tunii;, the use of which it superseded. In addition to the ordinary modes of wearing the pallium, mentioned above, it was, on particular oc- casions, worn over the head, and sometimes so as to cover the face, more especially, I. In concealing grief, or any other violent emotion of the mind ;" II. In case of rain ;" III. In offering sacrifices, and in other acts of religion." Of this custom Timan- thes availed himself in his famous picture of the sacrifice of Iphigenia." It is obvious how conve- nient the pallium was for concealing weapons or poison. The use of this garment to envelop the whole person gave origin to the metaphorical appli- cation of the verb palliare, meaning to hide or dis- semble. (Fid. Abolla.) Under the Roman Republic and the early em- perors, the Toga was worn by men instead of the pallium. They were proud of this distinction, and therefore considered that to be palliatus or sngsna instead of being logatus indicated an affectation of Grecian or even barbarian manners {Ghrta pdlio amictus," Greed palliati"). Csecina, on Hi return from the north of Europe, offended the Remans {to- gates) by addressing them in a plaid (versicolore sagulu) and trowsers. (Vid. Braccs;.)" A small square cloth ( palliotum) was, however, worn by the Romans on their heads instead of a hat, when they were sickly or infirm;" and some of them even adopted the Greek pallium instead of the Roman toga." Among the Greeks as among ourselves, the man ufacture of sheets, blankets, and other kinds of cloth employed different classes of work-people. The coarser kinds of blankets were made in Mega- ris, where this was the staple trade of the country, the work being performed by slaves." At Athens there was a general cloth-market, called J/iunoTO- A«f uyopd." PALMA. I. {Vid. Pes.) ♦II. {Vid. Phojnii.) PALMIPES. {Vid. Pes.) PALUDAMENTUM, according to Varro" and 1. (Aristoph., Pint., 897. — Athen., v., p. 211, c — Themist., Orat., X., p. 155, ed. Dindorf.)— 2. (Apul., Florid., i.)— 3. (Is»- us, De Die, p. 94, ed. Reiske. — PolyiEn., Strat., vii., 35.)— 4. (Athen., xii., p. 635, e.— ..Elian, V. H., vii., 13.)— 5. (SynM., Epist., 147.)— 6. (Hieron., Vita Hilar.)— 7. (Palladii, Hist. Laus. in Vita Scrap.) — 8. (Diog. Laert., vi., 6, 13.) — 9. (Brunck, Anal., ii., 22.— Hor., Epist., I., vii., S5.)— 10. (Diog. l,ae:t., vi., 22, 77.)— 11. (Isid. Hisp., Orig., xix , 24.)— 12. (Plaul., M:!., IV, iv., 43.— .ffillian, V. H., ix., 34.)-13. (Horn., II., xxiv., 163.— Oii., viii., 83-95. —Xen., Cyr., v., I, « 4-8. — Eurip., Suppl., 281.— Ion, 984. — Q. Curt., iv., 10, « 34; v., 12, ^ 8. — Ovid, Fast., ii., 624.— 2d Sam., xt., 30 ; xix., 4.— Ezek.. xii., 6.)— 14. (Aristoph., Nub., 268.)— 15. (Ovid, Met.* i., 388, »8.)— 16. (Pl'n-, H. N., XXXV., 10, s. 36, i 6.— Val. Max., viii., U, ».— Quintil., ii., 13.— Cic, Orat., 22.)— 17. (Plin., Epist., iv., II.)— 18. (PlfJt., Cure., n.,iii., 9.— Cic, Phil., v., 5 ; xiv., 1.— Sueton., CaB».,48.— VaL Mai., ii., 6, 10.)— 19. (Tacit., Hist., ii., 20.)— 20. (Suet., Claud., 2.— Quintil., li., 3.)— 21. (Suet., Tib., 15.)-^iS. (Xnn., Mem., II., vii., a.)— 23. (Pollux. Oaom., tu., 18.)— 34. (De tiig.iUt, vii., 37 ) PAI^UDAMENTUM. PAMBQIOTIA. Cestua,' originally signified any military decoration ; but the word is always used to denote the cloalt worn by a Roman general commanding an army, nis principal officers and peirsonal attendants, in contradistinction to the sagum (vid. Sagdm) of the common soldiers, and the toga, or garb of peace. It was the practice for a Roman magistrate, after he had received imperium, from the comitia curiata, and offered up his vows in the Capitol, to march out of tlie city arrayed in the. paludamentum (exire paluda- ius'), attended by his lictors fin siiinilar attire ( jjo/tt- iatis Ikloribus') ; nor couW he again enter the gates anttt he had formally divested himself of this em- blem of military powpr, a ceremony considered so solemn and so indispensable that even the emperors observed it.* Hence Cieero declared that , Verres nad sinned ". contra auspicta, contra omnea iivinas et hnmanas religiones," .hecaxise, after leavjpg the city in his paludamentum {cumpaludatus exisstt), he stole back in a.litter to visit his mistress." The. paludamentum, was open in i cut, reached down to the knees or a little lower, p. rt hung loose- ly over the shoulders, being fastPO«d across the chest by a clasp. A foolish con tr-iiieray has arisen among antiquaries with regard t» the position of this clasp, some asserting that it t«Si,cd> on the riglit shoulder, others on me left, 1 oi.li parties appealing to ;ancient statues and scnlfrf-Jies in support of their several opinions. It is evi/leiit, from the nature of the garment, as repressfjtad ia the three following illustratipns, that tu^i l^ickle must have shifted from place to place^ t/icotding to the movements of the wearer ; acciirdrngly, in the first cut, which contains two figures from Trajan's column, one representing an officer, the other the emperor with a tunic and fringed paludamentum, we observe the cl^isp on the right shoulder, and this would mani- festly be its usual position vyhen the cloak was not used for warmth, for thus the right hand and arm would be free and unembarrassed ; but in the sec- ond cut, copied from the Raccolta Mafiei, represent- ine also a Koman emperor, we perceive that the elasp is on the left shoulder; while in the third, the noble head, qf a warriorir.om.the great mosaic of Pompeii, we. see the paludamentum flying backiin the charge, and the clasp nearly in front. It may be said that the last is a Grecian figure; but this, iftjfue, is of no knportanpe,! since the chlamys and 1. (».T.)— 2. (Oio. ad Fam., viii., 10.]— 3. (Lit., ili., 10 , ilv., n.h-4. (Tacit., Hist., ii., 89.— C 118.— H. A. Muller, Panath., p. 98, &c.)—5. (Hesych., s. T.)— 6. (Eurip., Hec, 466.— Sohol. aa Aristoph., Equit., 66fi. Suid., s. V. mVAos.- Virg., Cir., 29, &o.— Compare Plat., Eu- thyd., p. 6.) —7. (ad Plat., Tim.)— 8. (Plut., Demetr., 10.)— 9. (Sohol. Horn., n., v., 734.— Fhilostr., Vit. Soph., i., 5, p. 550.— Compare Bockh, Graic. Trag. Princ, p. 193, &c. — Schol. ad Aristoph., Pac.,418.)— ID. (Pans., i., 29, 1/ 1.)— 11. (Thuoyd., i., 20.)— 12. (Etym. Magn. and Hesych., s. v.)— 13. (Thucyd., vi., 56.)— 14. (Harpocr., s. v. Kawi^iipos.— Compare Thucyd., 1. c.) —15. (Demosth., De Corona, p. 265. — Compare Meuisius, Pan ^th., p. 43.) — 16. (Ulpiau ad Demosth., c. Timocr., p. 740 ■ - Compare Demosth., De Fals. Leg., p. 394.) 723 PANCRATIUM. PANCRATIIFM. is repiinted in the Philological Museum, vol, ii., p. 227— *'35 ) PANCRATIASTjE. (FiW, PANOEATinM.) , PANCRATIUM (irayKpdnov) is deriygd ' from triiv and xparog, and accordingly signifies an ath- letic game, in which aU the powers of the fighter were called into action. The pancratium was one of the games or gymnastic contests which were ex- hibited at all the great festivals of Greece ; it con- sisted of boxing and wrestling (myiiij and •Ko.lrD, and was reckoned to be one of the iheavy or hard exercises {ayavia.jiaTa papsa or PapvT.epri), on ac- count of the violent exertions it required, and for his reason it was not much practised in the gym- nasia ; and where it was practised, it was probably not without modificationsi to render it easier for the boys. According to the ancient physicians, it had very rarely a beneficial influence upon health.' At Sparta the regular pancratium was forbidden, but the name was there applied to a fierce and ir- regular fight, not controlled by any rules, in which even biting and scratching were not uncommon, ^nd in which, in short, everything was allowed by which one of the parties might hope to overcome Ihe other. In Homer we neither find the game nor the name of the pancratium mentioned, and, as it was not introduced at the Olympic games until 01. 33,' we may presume that the game, though it may have existed long before in a rude state, was not, Drought to any degree of perfection until a short time before that event. It is scarcely possible to speak of an inventor of the pancratium, as it must have gradually arisen out of a rude mode of fighting, which is customary among all uncivilized nations, and which was kept up at Sparta in its original state. But the Greeks regarded Theseus as the in- ventor of the pancratium, who, for want of a sword, was said to have used this mode of fighting against the Minotaurus." Other legends represented Hera- cles as having been victor in the pancratium,* and later writers make other heroes also fight the pancra- tium ;" but these are mere fictions. After the pancra- tium was once introduced at Olympia, it soon found its way also into the other great games of Greece, and in the times of the Roman emperors, we also find it practised in Italy. In 01. 145 the pancratium for boys was introduced at the Olympic games, and the first boy who gained the victory was Phaedi- mus, a native of a town in Troas.' Thil innova- tion had been adopted before in others of the na- tional games, and in the 61st Pythiad.(OL 108) we find a Tlieban boy of the name of Olaides as victor in the pancratium in the Pythian games.' At the Isthmian games tLe pancratium for boys is not men- tioned till the reign of Domitian ;' but this may be merely accidental, and the game may have been practised long before that time. Philostratus' says that the pancratium of men was the most beautiful of all athletic contests ; and the combatants must certainly have shown to the spectators a variety of beautiful and exciting spec- tacles, as all the arts of boxing and wrestling ap- peared here united." The combatants in the pan- cratium did not use the cestus, or if they did, it was the l/MVTe<; ftaXaKQrepoi {vid. Cestos), so that the hands remained free, and wounds were not easily inflicted. The name of these combatants was pancratiastse (TraytponsiJTpiOor jra/t(iia;foi." They fought naked, and nadl their bodies anointed and covered with sand, by which they were enabled to take hold of L (Mercurialis, De Arte Gjnmast., v., 7.) — 2. (Paus., v., 8, ^ 3.)— 3. (Sohol. ad Find., Nem., v., 89.)— 4. (Paus., y., 8, 1) 1.- Hygin., Fab., 273.) — 6. (Lucan, , Pharaal., iv., 613, '■ "-T Lucian, Demonai, c. 49.— Plut., I "c. Apoph., p. 234, D., eu Franc.)— 3. (JSsohi, c. Ctesiph., p. «, ed; Staph.)— 4. (rau» i yi., 4, 1) 1.)— 5. (Faber, Agonist., i., t -«. (P'us., vili., 40, « 1, &o.— Euseb., Chroh., p. 150, Scalig.)— 7. 0. 6.)— 8. (?ca!'« ad Euseb., Chron., p.46.)— 9. (DionCai< >ixj, IS.) PAND£UT^. fANJDKCT^. lai', anil Justinian {Novell., cv., c. i, provided Troy- napirov be, as some suppose, a mjitake for vayKpct^ nov) madfe it one of the seven solemnities {npooSoi) which the consuls had to provide for the amusement nf tlie people. Several of the Greek pancratiastae have been im- mortalized in the epinician Odes of Pindar, name- ly, Timodemus of Athens,' Melissus and Strepsi- iides of Thebes," Aristoclides, Oleander, and Phy- lacides of jEgiiia,' and a boy, Pytheas of .■Egina.* But, besides these, the names of a great many oth- er victors in the pancratium are knOwn." The diet and trainifig of the panoratiasts was the same as that of Othet athletse.^ {Vid: Ath- LY.TX." PANDECTS or DIGESTA. In the last month of the year A.D. 530, Justinian, by a constitution addressed to Tribonian, empowered him to name a commission for the purpose of forming a code out of the writings of those jurists who had enjoyed the jus respbndeiidi, or, as it is expressed by the em- peror, " antiquorum prudenlium quihus auctofilatem conscriheiidarum interpretandarumque hgum sacratis- simi frincipes prabuerunt." The compilation, how- ever, comprises extracts frOm some writers of the republican period. ' Ten years were allowed for the completion of the work. The instructions of the emperor were, to select what was useful, to omit what was aiitiqiiated' or superfluous, to avoid unne- cessaiy repetitions, to get rid of contradictions, and to make Kuch other changes as should produce, out of the mass of ancient juristical writings, a useful and complete body of law (jus antiquum). The compilation was to be distributed into fifty books, and the books were to be subdivided into titles (tit- uii) The work was to be named Digesta, a Latin term indii ating an aiTangement Of materials, or Pandects, a Greek word expressive of the com- prehensive aess of the work. It was also declared that no commentaries should be written on this com- pilation, but permission was given to make paratit- la or references to parallel passages, with a short statement of their contents.' It was also declared that abbreviations {sigla) should not be used in forming the text' of the Digest. The work was completed in three years (17 Cal. Jan., 533); as ap- pears by a constitution, both in Greek and Latin, which confirmed the work, and gave to it legal au- thority." Besides Tribonian, who had the general conduct of the undertaking, sixteen other persons are men- tioned as having been employed on the work, among whom were the professors Dorotheus and Anatolus, who for that purpose had been invited from the lawJ school of Beryf us, and Theophilus and Cratihus, vvho resided at Constantinople. The compilers made use of about two thousand different treatises, which contained above 3,000,000 lines {versus, atixoi), but the amount retained in the compilation was Only 150,000 lines. Tribonian procured this large col- ection of treatises, many of which had entirely fallen into oblivion, and a list of them was prefixed to the work, pursuant to the instructions of Justinian.'" Such a list is at present only found in the Florentine NTS. of the Digfest, but it is far from being accurate. Still it is probably the index mentioned in the Con- stitutim Tahta, &c." The work is thus distributed into fifty books, which are subdivided into titles, of which there are 1. tNem., ii.) — 9. (Isth., iii. and vi.) ^3. (Nem., in.— Isth.^ iv., T., arid vi.) — I. (Nem., v.)— 5. (Compare Fellows, Piscover- ies ih Lycia,;p. 313, London, 1841.)^. (Compare H.Mercuria- lis, De Arte (Jymnast. — J. H. Krause, Die Gymnastik iind 'Agoii- fatik der Helielien, vol. i., p. 534-556.) — 7. (C^onst. Deo Auc- tore.)— 8. (Conat. Deo Auctore, s. 12.)— 9. (Const. Tanta, &c., ind A^&«£i>.)— 10. (Cmst. Tanta, PANUECT^. PANEGYRIS. erally, the series of t!ie books quoted shows that the original order of the works from which the ex- tracts were to be made has not been altered ; and the several works generally follow in both these ti- tles in the same ordes. A similar remark applies lo the title De Verborura Obligationibus,' though ihere is a variation in all the three titles as to the relative order of the three masses, which are pres- ently to be mentioned. " In the remaining titles of ihe Digest," adds Bluhme, " at iirst sight it appears 43 if one could find no other distinction in the titles •jf the extracts than this, that one part of them has n certain kind of connexion, and another part mere- ly indicates a motley assemblage of books out of which the extracts have been made. But, on a clo- jer comparison, not only are three masses clearly •listinguishable, but this comparison leads to the cer- ;ain conclusion that all the writings which were ased in the compilation of the Digest may be refer- red to three classes. The Commentaries on Sabi- nus (ad Qabinum), on the Edict (ad Edictum), and Papinian's writings, are at the head of these three classes. We may accordingly denote these three masses respectively by the names Sabinian, Papin- ian, and the Edict. In each of these classes, the several works from which extracts are made always follow in regular order." This order is shown by a table which Bluhme has inserted in his essay. This article, if read in connexion with the articles CoDEi and Institutiones, will give some general notion of the legislation of Justinian, the objects of which cannot be expressed better than in the fol- lowing words : " Justinian's plan embraced two principal works, one of which was to be a selection from the jurists, and the other from the Constitutiones. The first, the Pandect, was very appropriately intended to contain the foundation of the law : it was the first work since the date of the Twelve Tables which in itself, and without supposing the existence of any other, might serve as a central point of the whole body of the law. It may be properly called a code, and the first complete code since the time of the Twelve Tables, though a large part of its contents is not law, but consists of dogmatic and the inves- tigatioii Oi' particular cases. Instead of the insuffi- cient rules of Valentinian III., the excerpts in the Pandect are taken immediately from the writings of the jurists in great numbers, and arranged accord- ing to their matter. The CJode also has a more comprehensive plan than the earliest codes, since it comprises both rescripts and edicts. These two works, the Pandect and the Code, ought properly to be considered as the completion of Justinian's de- sign. The Institutiones cannot be viewed as a third work, independent of both : it serves as an intro- duction to them, or as a manual. Lastly, the novel- lae are single and subsequent additions and altera- tions, and it is merely an accidental circumstance that a third edition of the Code was not made at the end of Justinian's reign, which would have com- prised the novelte that had a permanent applica- tion.'" There are numerous manuscripts of the Digest, both in libraries of the Continent and of Great Brit- ain, A list of the MSS. of the Corpus Juris in the libraries of this country, which are principally in the colleges at Oxford and Cambridge, is given by Dr. Hach in the Zeitschrift." But the MSS. of the Di- gest generally contain only parts of the work, and are not older than the twelfth century. The MS. called the Florentine is complete, and probably as old as the seventh century. It had been kept at Amalfi time out of mind, and was given to the Pisans by Lotharius the Second, after the capture of &.inaUi, A.D. 1137, as a memorial of his gratitude to them for their aid against Roger the Norman. The Pi- sans kept it till their city was taken by the Floren- tines under Gino Caponi, A.D. 1406, who carried this precious MS. to Florence, where it is still pre- served. An exact copy of this MS. was published at Florence in 1553, folio, with the title " Digesto rum seu Pandectarum Libri Quinquaginta Ex Flor- entinis Pandectis repraesentati ; Florentias In Offici naLaurentii Tarrentini DucaUsTypographi MDLIII Cum Summi Pontif Car. V. Imp. Henrici II. Gallo- rum Regis, Eduardi VI. Angliae regis, Cosmi Medi- cis Duels Florent. II. Privilegio." The facts rela- ting to the history of the MS. appear from the dedi- cation of Franciscus Taurellius to Cosmo, duke of Florence. This splendid work is invaluable to a scholar. The orthography of the MS. has been scrupulously observed. Those who cannot consult this work may be satisfied with the edition of the Corpus Juris by Charondas, which the distinguishet" printer of that edition, Christopher Plantinus, affirms to be as exact a copy of the Florentine edition as it could be made. As to the other editions of the Di- gest, see Corpus Jdris. PANDIA (Travdia), an Attic festival, the real character of which seems to have been a subject of dispute among the ancients themselves ; for, ac- cording to the Etymologicum M.'), some derived it from Pandia, who is said to have been a goddess ol the moon (this is also Wachsmuth's opinion, ii., 2, p. 140) ; others from the Attic king Pandion ; oth- ers, again, from the Attic tribe Dias, so that the Pandia would have been in the same relation to this tribe as the Panathenasa to Athens ; and others from Aiof I and call it a festival of Zeus. Welckcr' considers it to have been originally a festival of Zeus celebrated by all the Attic tribes, analogous to the Panathensea, and thinks that when the confed- eracy, of which this festival was, as it were, the central point, became dissolved, the old festival re- mained, though its character was changed. It was celebrated at Athens in the time of Demosthenes.' Taylor, in his note on this passcige, strangely con- founds it with the Diasia, though it is well known that this festival was held on the 19th of Munychi- on, while the Pandia took place on the 14th of Ela phebolion.* PANDOCEI'ON (Trai-do/tEiov). (Vid. Caupona.) PANE'GYRIS {iravf/yvptg) signifies a meeting or assembly of a whole people for the purpose of wor- shipping at a common sanctuary. But the word is used in three ways : 1. For a meeting of the In- habitants of one particular town and its vicinity (vid. Ephesia) ; 2. For a meeting of the inhabitants of a whole district, a province, or of the whole body of people belonging to a particular tribe {vid. Delia, Pamboiotu, Panionia) ; and, 3. For great national meetings, as the Olympic, Pythian, Isthmian, and Nemean games. Although, in all panegyreis which we know, the religious character forms the most prominent feature, other subjects, political discus- sions and resolutions, as well as a variety of amuse- ments, were not excluded, though they were, per- haps, more a consequence of the presence of many persons than objects of the meeting. As regards their religious character, the panegyreis were real festivals, in which prayers were performed, sacrifi- ces offered, processions held, &c. The amuse- ments comprehended the whole variety of games, gymnastic and musical contests, and entertain- ments. Every panegyris, moreover, was made by tradespeople a source of gain, and it may be pre- 1. (Dig. 45, tit. 1.)— 2. (Sawgny, Geschiohte def R»m. Rechts im Mittelalter, i., p. 14.)— 3. (vol. y.) 1. (s.T. TlivSia.) — 2. (Msdh., Trilog., p. 303.) — 3. (c. Mli, p. 517.) — 4. (CompaTe Suidas and ECesych., s. t. nivSia -• Bdckh, Abhandl. der BerllnlAkademie, 1818, p. 65, tba ) 787 PANOPLIA PANTOMIMUS tiumed that snch a nifeeting was never held without a fair, at which all sorts of things were exhibited for sale.' In later times, when the love of gain had become stronger than religious feeling, the fairs ap- pear to have become a more prominent characteris- tic of a panegyris than before ; hence the Olympic games are called mercatus OlympiacUs, or ludi it mercatus Olympiomm.' Festive orations were also frequently addressed to a panegyris, whence they are called A.6yoi navriyvpiKol. The Panegyricus of Isocrates, though it was never delivered, is an ima- ginary discourse of this kind. In later times, any oration in praise of a person was called panegyricus, as that of Pliny on the Emperor Trajan. Each panegyris is treated of in a separate article. For a generS account, see Wachsmuth, Hell. All., i., 1, p. 104, &c. — Bockh ad, Find., 01., vii., p. 175, &c; — Hermann, Polit. Ant., Ij 10. PANELLE'NIA (jraveU.rivta), a festival, or, per- haps, rather a panegyris of all the Greeks, which seems to have been instituted by the Emperor Ha- drian, with the well meant but impracticable view of reviving a national spirit among the Greeks.' *PAN'ICUM, Panic. {Vid. Meline.) PANIO'NIA (naviavia), the great national pane- gyris of the lonians on Mount Mycale, where their national god Poseidon Heliconius had his sanctuary, called the Panionium.* One of the principal objects of this national meeting was the common worship of Poseidon, to whom spleiidid sacrifices were of- fered on the occasion.^ As a chief-priest for the conduct of the sacrifices, they always appointed a young man of Priene, with the title of king, and it is mentioned as one of the peculiar superstitions of the lonians on this occasion, that they thought the bull which they sacrificed to be pleasing to the god if it roared at the moment it was killed.' But reli- gious worship was not the only object for which they assembled at the Panionium ; on certain emer- gencies, especially in case of any danger threaten- ing their country, the lonians discussed at their meetings political questions, and passed resolutions which were binding upon all.' But the political UDiOn among the lonians appears, nevertheless, to have been very loose, and their confederacy to have been without any regular internal organization, for the Lydians conquered one Ionian town after an- other, without there appearing anything like the spirit of a political confederacy ; and we also find that single cities concluded separate treaties for themselves, and abandoned their confederates to their fate." Diodorus^ says that in later times the lonians used to hold their meeting in the neighbourhood of Ephesus instead of at Mycale. Strabo, on the other hand, who speaks of the Panionic panegyris as still held in his own time, does not only not mention any such change, but appears to imply that the pane- gyris was at all times held on the same spot, viz., on Mount Mycale. Diodorus, therefore, seems to consider the Ephesian panegyris (.vid. Ephesia) as having been institpted instead of the Panionia. But both panegyreis existed simultaneously, and were connected with the worship of two distinct divini- ties, as is clear from a comparison of two passages of Strabo, viii., 7, p. 220 ; xiv., i., p. 174.'° PANOPLIA {TtavoTMa), a panoply or suit of ar- mour." The articles of which it consisted, both in the Greek and in the Roman army, are enumerated 1. (Paua., I., 32, 4 9.— Strabo, x., 5, p. 388.— Dio Chrysost. Oral., xivii., p. 328.)— 2. (Justin., xiii., 5.— VeD. Paterc, i., 8.)— 3. (Philostr., Vit. Soph., ii., 1, S.— Bockh, Corp. Inscrip., p. 789 ; u., p. 580.)— 4. (Herod., i., 148.— Strab., ™., 7, p. 220, ed. Tauchn.— Pans., vii., 24, 1) 4.)— 5. (Diodor., ly., 49.)— 6. (Stra- bo,!. O— 7. (Herod., i., 141, 170.)— 8. (Herod., i., 169.)— 9. (ly., 49.) — 10 (Compare Tittmann's Giiech. 'StaaUv., p. 668, &c. — Thirlwall's Gr. Hist., ii., p. 102.)— 11. (Heiod., i., 60.— iElian, V H., xiii., 37.— Athea., t., p- 208. d ) 728 under Akma. Josephus, in a passEge where \t mentions all the essential parts ol the Roman heavy armour except the spear C^iz., VKoiiiitara, Mpeoc' ^iijiog, kpavoi, ijojjof »), applies to them col- lectively the term iravovXia.' According to Pin- tarch,' the ordinary weight of a panoply was a tal- ent, i. e., about 70 lbs. ; but he states that the suit worn by one soldier of uncommon strength, viz., Alcimus, the Epirote, weighed two talents, or about a hundred weight. In estimating the military force of any country, the number of panoplies which it had in readiness was a most important item. Po- lybius mentions* that the citizens of Sihope, expect- ing to be attacked by Mithradates, obtained, among other preparations, a thousand suits of armour (ttod- OTrXiof piMag). When one man slew another in battle, he was entitled to receive the panoply of the faUen.' *PANTHE'RA. {Vid. Paedalis.) PANTOMI'MUS is the name of a kind of actors peculiar to the Romans, who very nearly resembled in their mode of acting the modem dancers in the ballet. They did not speak on the stage, but mere- ly acted by gestures, movements, and attitudes. All movements,' however, were rhythmical, like those in the ballet, whence the general term for them is saltation ssltare; the whole art was called musica muta') ; and to represent Niobe or Leda was expressed by saltare Nioben and saltan Ledam. Mimic dances of this kind are common to all na- tions, and hence w^e find them in Greece and My; in the former country they acquired a degree of perfection of which we can scarcely form an idea. But pantomimes, in a narrower sense, were pecu- liar to the Romans, to whom we shall therefore con- fine ourselves. During the time of the Republic the name pantomimus does not occur, though the art itself was known to the Romans at an early period ; for the first histriones said to have been introduced from Etruria were, in fact, nothing but pantomimic dancers (vid. Histeio, p. 484), T?hence we find that under the Empire the names histrio and pantomimus were used as synonymoui. The pantomimic art, however, was not carrie'l to any degree of perfection until the time of Augustus; whence some writers ascribe its invention to Au- gustus himself, or to the great artists who flourish- ed in his reign.' The greatest pantomimes of this time were Bathyllus, a freedman and favourite of Maecenas, and Pylades and Hylas.' The great popularity which the pantomimes acquired at Rdino in the time of Augustus, through these distinguish- ed actors, was the cause of their spreading, not only in Italy, but also in the provinces, and Tiberi- us found it necessary to put a check upon the great partiality for them: he forbade all senators to fre- quent the houses of such p&ntomimes, and the equites were not allowed to be seen walking with them in the streets of Rome, or to attend their per- formances in any other place than the public thea- tres, for wealthy- Romans frequently engaged male and female pantomunes to amuse their guests at their repasts.' But Caligula was so fond of pan- tomimes, that one of them, M. Lepidus Mnester, be- came his favourite, and, through his influence, the whole class of pantomimes again recovered theii ascendency." Nero not only patronised them, but acted himself as pantomime," and from this time they retained the highest degree of popularity at Rome down to the latest times of the Empire. 1. (BeU. Jad., -ri., 1, « 8.)— 2. (Vid. Polyb., -ri., 21.)^. (De- metrins, p. 1646, ed. Steph.)— 4. (iy., 56.)— 5. (Plut., JUcib.,p. 355, ed. Steph.)— 6. (Cassiod., Var.; i.,2p.)— 7. (Suid.,s.v.'Op» XVf'i navT6iuiiog.)—8. (Juy., vi., 63.— Suet., Octav., 45-~™r crob., Sat., ii., 7.— Athen., i., p. 70.)-^9. (Tacit., Annal., i., 77.) —10. (Suet., Calig., 36, 55, 57 —Tacit., Anna!., xiv., 21.)— U (Snet., Nero, 16, 26.) fANTOMIMUS. PARADISTJS As regards their mode of acting, we must first state that all pantomimes wore masks, so that the features of the countenance were lost in their act- ing! All the other parts of their body, however, were called into action, and especially the arms and hands, whence the expressions manus loquacissima, digiti chmosi, x^ip^i Ttaji^Cn/OL, &c. Notwithstand- ing their acting with masks, the ancients agree that the pantomimes expressed actions, feelings, pas- sions, &c., more beautifully, correctly, and intelli- gibly than it would be possible to do by speaking or writing. They were, however, assisted in their acting by the circumstance that they only reprei- sented mythological characters, which were known to every spectator.' There were, moreover, certain conventional gestures and movements which evei-y- body understood. Their costume appears to have been like that of the dancers in a ballet, so as to show the beauty of the human form to the greatest advantage, though the costume, of course, varied according to the various characters which were represented. See the manner in which Plancus is described by Velleius" to have danced the character of Glaucus. In the time of Augustus there was never more than one dancer at a time on the stage, and he represented all the characters of the story, both male and female, in succession." This re- mained the custom till towards the end of the sec- ond century of our sera, when the several parts of a story began to be acted by several pantomitnes dancing together. Women, daring the earlier pe- riod of the Empire, never appeared as pantomimes on the stage, though they did not scruple to act as such at the private parties of the great. During the latter time of the Empire women acted as pan- tomimes in public, and in some cases they threw aside all regard to decency, and appeared naked be- fore the public. The Christian writers, therefore, represent the pantomimic exhibitions as the school of every vice and licentiousness.* Mythological love-stories were from the first the lavourite subjects of the pantomimes,' and the evil effects of such sensual representations upon women are described in strong colours by Juvenal.' Every representation was based upon a text written for the purpose. This text was called the canticum,'' and was mostly written ?n the Greek language. Some of them may have represented scenes from, or the whole subjects of, Greek dramas ; but when Ainobius' states that whole tragedies of Sophocles and Euripides were used as texts for pantomimic representations, he perhaps only means to say that a pantomimus sometimes represented the same story contained in such a tragedy, without being obliged to act or dance every sentiment expressed in it. The texts of the pantomimes or cantica were sung by a chorus standing in the background of the stage, and the sentiments and feelings expressed by this chorus were represented by the pantomimus in his dance and gesticulation. The time was indi- cated by the scabellum, a peculiar kind of sole, made of wood or metal, which either the dancer or one of the chorus wore. The whole performance was accompanied by musical instruments, but in most eases by the flute. In Sicily pantomimic dances were called ^oMiafioi, whence, perhaps, the modern words ball and ballet.' l.tJnT., vi., 63; v., 12i.-Horat., Epist., ii., 2, 125.— Suet., Nero, 54.— Veil. Paterc., ii., 83.)— 2. (ii., 83.)— 3. (Lnciau, De Saltat., c. 67.— Jacobs ad Anthol., ii., 1, p. 308.)— 4. (Tertull., PeSpec, p. 269, ed. Paris.— Ftd. Senec, Quxst. Nat., Tii., 32. — Hin., Epist., v., 24. — Anunian. Marcell., liv., 6. — Procop., Anecd., 9.)— 5. (Ovid, Rem. Amor., 753.)— 6. (vi., 63, 4:c.)— 7. (MaCTOb., Sat., ii., 7.— Plin., Epist., vii., 24.)— 8. (adv. Gent., 4.— Compare Antliol., i., p. 249.) — 9. ((Compare Lessing, Abbaild- laBg 7on dea FaDtomimenderAlten. — Grysai', in Erscb und Gru-' ber's Encvcl.,' s. r. Pantomimiscbe Kunst des Altertbums.— ; Weleker, Vk Griechiscben Tragadien, p. 1317, &o., 1409, ftc; 1443, 1477, &c.) 4Z ♦PAPA'VER (pvKiJv), the Poppy. " With ttia aid of Matthiolus, Bauhin, and Sprengel," observes Adams, " I would arrange the po ppies of the an- cients as follows : 1st. The ?/iEpof, or domesticated, is the Papaver Rhaeas, or common red Poppy. 3d. The fioiuc is the Papaver duUum, or long, smooth- headed Poppy. 3d. The KsparlTii is the Glaucium luterum, Scop. 4th. The afpad^c is the Giatiola officinalis, called in Enghsh Hedge-hyssop." As regards the acquaintance of the ancients with Opium, consult the articles Nepenthes and Phakma- CEHTiCA, p. 656, 765.' PA'PIA POPP.iEA LEX. (Yid. Ivmrn Leoeb, p. 556.) *PAPILTO {fuxv), the Butterfly. " The meta morphosis of the Butterfly is distinctly described by Aristotle. The beautiful allegory of Psyche is de rived from it."^ PAPI'RIA LEX. (Vid. Lex, p. 584.) PAPY'RUS, I. (Yid. Libee.) *1I. The Cyperus Papyrus, L. The Papyrus a an aquatic plant, growing abundantly in the waters of the Nile. Its roots are large and tortuous ; its stem is triangular, gradually tapering as it shoots up gracefully to the height of fifteen or twenty feet, where it is very slender, and is surmounted by a fibrous tuft of fine filaments, which are again sub- divided into others, bearing small seedy flowerets ; the whole of the umbel forming a beautiful flowing plume. Paper was made from the inner rind of the stem. The plates or pellicles obtained near the centre were the best, and each cut diminish- ed In value in proportion as it was di.?tant from that part of the stem. (Vtd. Libee.)^ PAR IMPAR LUDERE {apriaafius, apr'.d^uv, dpTia ij ireptTTa 'jral^eiv), the game at odd and even, was a favourite game among the Greeks and Ro- mans. A person held in his hand a certain number, of astragali or other things, and his opponent had to guess whether the number was odd or even.* PARA'BASIS. (KiU CoMCEDiA.) PARABOLON or PAllABOLION (:rapti6o?.j?, TtapaSo^iov), a small fee paid by the appellant party on an appeal (c^ecic) from an inferior to a sup.jrior tribunal; as, for instance, from an arbitrator or a magistrate, or from the court of the dti/torai, or from the senate of Five Hundred, to the juiy or heliastic court. As to the sum to be paid and oth er particulars, we are uninformed.* PARAGH'YTES (wapaxvTTie). {Vid. LonxEOK, p. 599.) PARADI'SUS (7rapa(5e«70f) was the name given by the Greeks to the parks or pleasure-grounds which surrounded the country residences of the Persian kings and satraps. They were generally stocked with anunals for the chase, were full oi all kinds of trees, watered by numerous streams, and enclosed with walls.' These paradises were frequently of great extent ; thus Cyrus, on one oc- casion, reviewed the Greek army in his paradise at Celaenae,' and on another occasion the Greeks wore alarmed by a report that there was a great army in a neighbouring paradise.^ Pollux' says that -xapdSetaoc was a Persian woid, and there can be no doubt that the Greeks obtained it from the Persians. Tne word, however, seems to have been used by other Eastern nations, and not to have been peculiar to the Persians. Gese- 1. (Theopb., H. P., i., 9. — ^Id. ib., ix., 11, &c. — Dioscor., iv., 65, &c. — Adams, Append., s. v;) — 2. (Aristot., H. A., v., 17 — Ad ams. Append., s. v.)— 3. (Library of Enter. Knowledge, vol. xxi,, p. 131.)— 4. (Pollux, Onom., ii., 101. — Plato, Lys., p. 207.— Hor., Sat., II., iii., 248.— Snet., Octav., 71. - Nnx Eleg , 79.— Becker; Gallns, ii., p. 233.)— 5. (Pollui, Onom., viii.. 62, 63.— Meier, Att., Proc., 767, 772.)— 6. (Xen., Anab., i., 4, I) 10,— Cyr., i.. 3, 4 14; 4, i 5.— Hellen., iv., 1 , « 33. — CEc, iy.,13.— Diod. Sic, xri., 41.— Curt., viii., 1, HI, 12. — Cell., ii., 20:)- 7. (Xen., Anab., i., 2, i 9.)-8. (Id., ii., 4, « 16.)— 9. (ii , 13.) 73» jeARAGilAPHE. nius' and other writers suppose it to be the same as the Sanscrit m_^^i (paradesa), but this word does not mean a land elevated and cultivated, as Geseniu» and others say, but merely a foreign country, whence is derived XflSrSUl 0""''i6«J«*)> aforeign- er. The word occurs in Hebrew (D?7?' :P«''«<'^*) as early as the time of Solomon,^ and is also found in Arabic (i^/wji^ii, firdaus) and Armenian (par- des'). PARAGAUDA {napayadvs), the border of a tunic {vid. LiMBus), enriched with gold thread, worn by ladies, but not allowed to men except as one of the insignia of office. These borders were among the rich presents given by Furius Placidus, A.D. 343, when he was made consul* Under the later em- perors the manufacture of them was forbidden ex- cept in their own gynaecea.' The term paragauda, which is probably of Oriental origin, seems also to have been converted into an adjective, and thus to have become the denomination of the tunic which was decorated with such borders.' PARAGRAPIIE (vapaypacjij). This word does not exactly correspond with any term in our lan- guage, but may, without much impropriety, be called a plea. It is an objection raised by the defendant to the admissibility of the plaintiffs action : " ex- ceptio rci adversus actorem, action^mve, querentis aut de foro hand competente, aut de tempore, modove pro- cedencH illegitimo."'' Sir William Jones, in the pref- ace to his translation of Isaeus, compares it with a demurrer ; but this is not so correct, because a de- murrer is an objection arising out of an adversary's own statement of his case, whereas the ■Kapaypai^rj was an objection depending on facts stated by the defendant himself, and therefore rather resem- bles a plea, or (more strictly) a special plea. This appears from the 7rapaypaiKol "kbyoi, of Demosthe- nes, in which we find the defendant introducing new allegations into the cause, and supporting them by proof Thus, in the speech against Nausimachus and Xenopithes, the ground of objection is, that the father of the defendants having obtained a release from the plaintiffs, it was no longer open to the plaintiffs to bring an action for the same cause. But the first mention of this release is made by the defendants in their plea. In the speech against Ze- nothemis, the defendant objects that the i/mopiK^ Siicri does not lie, because there was no written con- tract between him and the plaintiff on a voyage to or from Athens ; and this (says he) appears from the declaration itself {hv tu iyK?i^/iaTi). As parties could not be defeated at Athens by a technical ob- jection to the pleadings, the defendant in the above case, notwithstanding the defective statement of the plaintiff in the declaration, was compelled to bring forward his objection by plea, and to support it before the jury. In the speech against Phormio, the plaintiff says that, as the defendant only denies that he has committed a breach of the contract, there was no occasion for a Trapaypd&fi : the ques- tion merely was, whether the plaintifTs charge was true. It seems that a Trapaypa^^ might be put in, not only when the defendant could show that the cause of action was discharged, or that it was not maintainable in point of law, but also when the form of action was misconceived, or when it was commenced at a wrong time, or brought before the wrong magistrate {Tiyefiav ducaarripiov). In the last 1. (Lexicon Ilebr., p. 838, Lips., 1833.)— 2. (Eccle?., ii., 5.— Cant., iT., 13.)— 3. (Sclirader, Dissert. Thesaur. Liii^. Armen. prsmiss., p 56.) — 4. (Fl. Vopisc, Aurel:, p. 2146, ed. Salman.) -5. (Cod. il, tit. 8, s. 1, 8.)— fl. (LyduB, De Mag., i., 17 ; ii., 4, IS 1—7. (Reiske, Index Gr. in Orat.) 730 PARAGRAPHE. case the ■Kapaypaf^ would answer to our pita, to thi jurisdiction.^ The ivapaypa(p^, like every other answer (dt>T> ypailiT!) made by the defendant to the plaintiff"! charge, was given in writing, as the word itself imphes.' If the defendant merely denied the plain- tiff's allegations, or (as we might say) pleaded thi general issue, he wasi said tiBvdmlav or ttjv evBelat elaiivai, or airoXoycZa6ai t^v EvBvScKiav elatuv. In this case a court was at once held for the trial of the cause. If, however, he put in a napaypa^,-bi maintained that the cause was not eiaayuyi/ioi (TrapeypaTpaTo jirj eiaayayL/iov dvai Trjv S'mriv), and in that case a court was to be held to try the prelim- inary question, whether the cause could be brought into court or not. Upon this previous trial the de- fendant was considered the actor, and hence is said by Demosthenes^ Karriyopuv tov Siukovtoi. He be- gan, and had to maintain the ground of objection which he relied upon.* If he succeeded, the whole cause was at an end ; unless the objection was only to the form of the action, or some other such tech- nicality, in which case it might be recommenced in the proper manner. If, however, the plaintiff succeeded, the jury merely decided daayayiiiov elvai TTJV Sinrjv, and then the original action, which in the mean time had been suspended, was pro- ceeded with.' Both parties on the trial of the irap aypai^il were liable to the e^nuCisXla on failure to ob tain a fifth part of the votes. The course of proceeding on a itapaypa^ri 'las obviously calculated to delay the progress of the cause, and was therefore not looked on with favi'jur by the dicasts. Jlpo^daeL^, virufioaiaL, iraoayoailiai, Tu hic Tuv vojiuv, excuses, delays, pleas, legal (bjec- tions, are classed together by the orator as being the manoBuvres of defendants to defeat justice. Hence we find in the extant TTapaypa(t>iitol Xoyoi, that the defendant, in order to remove the prejudice of I he dicasts against himself, not only supports the ground of the vapaypa^, but discusses the general merits of the cause, and endeavours to show that there is no foundation for the plaintiff's complaint ; and there is no doubt that the dicasts were materially influenced by such discussion, however in strictness irrelevant.' The. same observation applies to the Sia/iapTvpla. (Kifi. Heees, Greek.)' There was no such thing as this proceeding by 7rapaypa7! until after the expulsion of the thirty ty- rants, when a law was passed, on the proposal of Archinus, av n( iiKuirjTai napa roif Sp/totif, ff- etvai rCi tpevyovrc napaypatpaoBac, tov^ de upxovra^ irepl TOVTOv npurov elauyeiv, Xiyeiv Sk TrpoTepov rov irapaypa^jja/isvov, dirdrepo^ (5' dv 7]TTTj8y, tt^v ^7rw6e- Tiiav b(pelXeiv. The object of this law appears to have been, to enable any person against whom an information or prosecution might be brought, or action commenced, for any matter arising out of the late political troubles, to obtain the benefit of the general amnesty, by specially pleading the same, and so bringing his defence in a more solemn man- ner before the court. The same privilege was af- terward extended to other grounds of defence (See the opening of the speech of Isocrates against Callimachus.) Before this time all special objec tions to the adversary's course of proceeding seem to have been called avnypa^ai, and sometimes k^a/ioaiai, because an oath was taken by the party who tendered them.' 1. (Demosth., c. Pantsn., 976. — Suidas, s. v. Hapaypa^^ and rfSuii/cia.)- 8. (Demosth., c. Phorm., 912.)— 3. (o. Phorm., 908.) —4. (Demosth., c. Staph., 1103.)— 5. (Demosth., o. Zenoth., 88& — Lys., De Publ. Pec, 148, cd. Steph.)— 6. (Demosth., c. Mid, 541 ; c. Lacr., 924 ; c. Steph., 1117.— Pro Phorm., 944.-Argnm. Or. c. Zenoth.)— 7. (Isms, Do Philoct. hsr., 60.— De ApolL hBEr., 63, ed. Steph — ^Demosth., c. Leoch., 1097.)— 8. (Lysias, o Panel., 166, ed. Steph.— Aristoph., Eccles., 1026.— Sohol. adloa — Suidai, 9. T. 'EEiojiOff/a.— Meier, Att. Proc, p. 644-fl50 ) PARANOIAS GRAPHE. PARANOMON GRAPHE. PARACATABOLE (irapaKaTaSoM), a sura of money required of a plaintiff or petitioner in certain cases, as a security that his complaint or demand was not frivolous, or made on slight and insufficient grounds. Such was the deposite made in certain in- heritance cases, viz., a tenth part of the value of the property sought to be recovered. {Vid. Heees, Geeek.) So, also, in the proceeding termed hsTri- UKTiuua, which was a suit instituted against the pub- 'ic treasury by a creditor to obtain payment out of his debtor's confiscated goods, a fifth part of the value was deposited. It was returned to the peti- tioner if successful, otherwise it went to the state.' The money was deposited either at the avuKpiai; or on the commencement of the cause. The word KapaKaraSolTJ signifies both the paying of the depos- ite and the money deposited ; and, being a word of more general import, we find it used to denote other kinds of deposites, as the irpvravela and ?ro- pdaraai;.' PARACATATHE'CE {mpanaTcSfiKri) generally signifies a deposite of something valuable with a friend or other person for the benefit of the owner. Thus, if I deliver my goods to a friend, to be taken care of for me, or if I deposite money with a banker, such delivery or bailment, or the goods bailed or delivered, or the money deposited, may be called napaKaraSiiKJi ;' and the word is often ap- plied metaphorically to any important trust commit- ted by one person to another.* As every bailee is bound to restore to the bailor the thing deposited, either on demand (in case of a simple bailment), or on performance of the conditions on which it was received, the Athenians gave a TrapaxaTaffJKrjC Siicr/ against a bailee who unjustly withheld his property from the owner, /nztarepriae ttjv napaKaraHvKJiv.^ An example of such an action against a banker is the Toarze^LTiKog Xnyoq of Isoerates. A pledge giv- en to a creditor could not be recovered except on payment of the money owed to him ; but, after sell- ing the article, and satisfying his debt out of the proceeds, he would, of course, be bound to restore the surplus (if any) to the pledgor. It follows, from the nature of the Trapa/r. dkiy, that it was in/iriTog, but it is not improbable that the additional penalty of uTtfiia might be inflicted on a defendant who fradulently denied that he had ever received the de- posite. The difficulty ef procuring safe custody for mon- ey, and the general insecurity of movable property in Greece, induced many rich persons to make val- uable deposites in the principal temfies, such as that of Apollo at Delphi, Jupiter at Olympia, and others.' It may he observed that rWetydai, napaaa- TariSeaBai, in the middle voice, are always used of a person making a deposite for his own benefit, with the intention of taking it up again. Hence the ex- pression &ea8a.i x'^P'''"' ^° confer an obligation, which gives the right (as it were) of drawing upon the obliged party for a return of the favour at some fu- ture time. Koiii(ec6ac is to recover your property or right.' HAPAKATAeH'KHS AlKH. (Yid. Paracata- thece.) IIAPAWOI' A2 rPA*H'. This proceeding may be compared to our commission of lunacy, or writ de hmatico inquirendo. It was a suit at Athens that might be instituted by a son or other near relative against one who, by reason of madness or mental imbecility, had become incapafble of managing his own affairs. If the complaint was well-grounded, 1, (Suidas, s. v. 'Ei'CTi'iriw;'".)— 2. (Pollux, Onom., viii., 32. —Meier, Att. Proc, 604, 616-621.)— 3. (Herod., vi., 86.— De- mosth., Pro Phorm. 946.) — 4. (Demosth., c. Aphob., 840. — Xsch.., 0. Timarch., 26, ed. Steph.— De Fals. Leg., 47.)— 5. (Pollux, Onom., vi., 154.)— fl. (Meier, Att. Proc., p. 512-515.)— T (Isocrat., e. Eathyn., 400, ed. Stepb.) the court decreed that the next heir should take possession of the lunatic's property, and probably, also, made some provision for his being put in con- finement, or under proper care and guardianship.' It is related of Sophocles, that, having continued to write tragedies to an advanced age, and by reason thereof neglected his family affairs, he was brought before the court by his sons, and accused of lunacy; that he then read to the judges his CEdipus Colo- neus, which he had just composed, and asked them if a man out of his mind could write such a poem as that ; whereupon they acquitted him.' The story is told differently by the anonymous author of the life of Sophocles, who speaks of the suit as taking place between lophon and his father, and seems to intimate that it was preferred before the (ppdropeg. In this last point he is supported by the scholiast on Aristophanes ; but it can hardly be cor- rect, as we have no other authority for supposing that the Apdrope; had such a jurisdiction, and Pol- lux^ expressly says that the napavotac ypa^ri came before the archon, to whom, indeed, it peculiarly belonged, as being a matter connected with family rights ; and, if so, we are to understand that it came before the archon in the regular way, as nys- /luv Smaarriplov* It is highly probable that there was some foundation for this anecdote of Sopho- cles. He might, perhaps, have given offence to his sons by that penuriousness which is said to have crept upon him in his old age ; and lophon, being a poet, and lying under the suspicion of being assisted by his father, might possibly be induced, by a mean jealousy, to bring this charge against him.' The play of CEdipus Coloneus appears to exhibit the wounded feelings of the writer. (Soe more espe- cially V. 337, 441.) nAPANO'MHN rPA^H'. An indictment for pro- pounding an illegal, or, rather, unconstitutional measure or law. We have seen (vid. Nomothetes) that any Athenian citizen was at liberty to ma,ke a motion in the popular assembly to pass a new law or amend an old one. In order to check rash and hasiy legislation, the mover of any law or decree, though he succeeded in causing it to be passed, was still amenable to criminal justice if his enactment was found to be inconsistent with other laws that remained in force, or with the public interest.' Any person might institute against him the ypa^ri napa- vd/iav within a year from the passing of the law. If he was convicted, not only did the law become void, but any punishment might be inflicted on him, at the discretion of the judges before whom he was tried ; for it was a ti/^ijtoc dyuv. A person thrice so convicted lost the right of proposing laws in future. The cognizance of the cause belonged to the thesmothetae.' The prosecutor was compelled to take an oath, called by the same name as that taken to obtain delay in courts of justice (vKu/ioaia), because it had the effect of delaying the operation of the proposed measure, which otherwise might have come into force immediately.' Examples of such prosecutions are the speech of Demosthenes against Timocrates, and that of .iEschines against Ctesiphon. They both comment on the importance of the prosecution, as tending to preserve the exist- ing laws and maintain constitutional liberty.' Not- withstanding this check, the mania for legislation appears to have increased so greatly at Athens in later times, that Demosthenes'" declares that -^riifia- /idruv oiS' driovv Siafipovacv ol vofioc. This arose 1. (Snidas, s. v. nopawia.- Xen., Mem.,i., 2, (> 49.— Aristoph., Nub., 844.— ^sob., c. Ctes., 89, ed. Stepb.)— 2. (Cic, De So- nect., 7.)— 3. (viii., 89.)-4. (Meier, Att. Proc, p. 296-298. )-5. l,Vid. Aristopb., Ran., 78.— Pax, 697.)— 6. (Demosth., c. Ti- moc, 710, 711.)— 7. (Schomann, Ant. jur. pub. Gr., p. 244.)— 8 (Schomann, lb., p. 224 ) — 9. (Demosth., o. Timoc., 748, 749. - JEsch., c, Ctes., 54, 82, ed. Stepb.)— 10. («. Leptin., p. 485.) TBI PARAPRESBEIA. from the relaxation of that precautionary law of Solon, which required every measure to be approved by the i o/iodirai before it could pass into law. ( Vid. NoMOTHETEs, and Schomann.') It is obvious that, while the people in assembly had the power of ma- king decrees which could remain in force for a year, if they wished to evade the law of Solon, all they had to do was to renew their decree frorti year to year, and thus, in practice, the ipijfia/id' became VOflOr. If the year had elapsed, the propounder of the law could not be punished, though the law itself might be repealed in the ordinary way by the insti- tution of proceedings before the voftoderai., before whom it was defended by the five ovvSlkoi. The speech against Leptines was made in a proceeding against the law itself, and not against the mover. As the author of the second argument says, wapeTi- davTog Tov ^povov, kv w inrtvdvvog tjv KptuEi icdt Tifia- pig, -ypaipuv Tif vo/iov, iaii'eTO Aeirnvric aKivSvvoc 60ev ■Kpbg airbv, aXV oil /caT* avTov S Aoyof:" PARA'NYMPHOS {irapavv/ifoi). {Vid. Mar- riage, Greek, p. 620.) PARAPE'TASMA {■Kapaniraajia). {Vid. Velum.) PARAPHERNA. (Fi(i. Dos, Roman.) PARAPRESBEI'A {TrapairpeaSeia) signifies any corrupt conduct, misfeasance, or neglect of duty on the part of an ambassador, for which he was Uable to be called to account and prosecuted on his return home." Ambassadors were usually elected by the people in assembly ; they either had instructions given to them or not ; in the latter case they were called avTOKparopci, envoys with full powers, or plenipotentiary.* To act contrary to their instruc- tions {Trapa to ijiriipLa/ia TtpeaSevetv) was a high mis- demeanour.' On their return home they were •equired immediately to make a report of their pro- ceedings {anayyiXXew rr/v ■apEaielav), first to the Senate of Five Hundred, and afterward to the peo- ple in assembly.' This done, they were fundi officio; but still, like all other persons who had held an office of trust, they were liable to render an ac- count {eiBvva;) of the manner in which they had discharged their duty.' The persons to whom such account was to be rendered were the Xnyioral, and the oflSoers associated with them, called evdvvot,. A pecuniary account was only rendered in cases where money had passed through the hands of the party ; in other cases, after stating that he had neither spent nor received any of the public money, the aooounli.ig party was discharged, unless there was reason for thinking that he'deserved to be pro- ceeded against for misconduct. The h)jtarai them- selves had power to summon the' party at once to appfear as a criminal, and undergo the (ivaxpiaig in their office {loyiarripiov), upon which they would direct the awfiyopoi to prosecute ; and this proba- bly was the ordinary course in case of any pecuni- ary malversation. Accusations, however, of a more general nature were commonly preferred by indi- viduals, giving information to the Xoyiarai, who, for the purpose of giving any citizen an opportunity of so doing, caused their x^pjif to make proclamation in public assembly, that such a person was about to render his account, and to ask if any one intend- ed to accuse him. If an accuser appeared, his charge would be reduced to the form of a ypa^ri, and the prosecution would be conducted in the usual way, the 'A.oy&Va( being the superintending magistrates.' Magistrates who were annually elect- 1. (p. 22J.)— 2. (Heriiann, Pol. Ant., 1) 132.)— 3. (DemoBth., Mid., 515. — De Fals. Leg., 342.)^4. (Thucyd., v., 45. — .^sch., c. Cttis., 62, ed. Steph.) — 5. (Dcmosth., De Fals. Leg.,' 346.) — 6. (jEsrh., De Fals. Leg., 30, ed. Steph. —Aristoph., Ach., 61.— SchBmann, Ant. jur. pub. Gr., p. 834.) — 7. (De- mosth., De Fals. Leg., 367, 406.)— 8. (Pollui, Onora., viii., 40, 45.--.Schomann, lb., p. 240.— Meief, Att. Proo., 214-224.) PARASITI. ed rendered their accounts at the end of the offitiiai year ; but ambassadors, who were extraordinary functionaries, had no time limited for this purpose; .iEschines delayed giving an accountof his embassj to Philip for three years.' We can hardly suppose; however (as Thirlwall sta:tes), that the time of ren- dering the account was optional with the ambassa- dor himself, since, not to mention the power of the XoyiaToi, it was open to any man to move for a special decree of the people, that the party should be called to account immediately. The ypa^ Trapa- npeaBeiag was a Ti/njTdg ayav ;' and as it ' might comprise charges of the most serious kind, such as treachery and treason against the state, the defend- ant might have to apprehend the heaviest punish- ment. .(Eschines' reminds the dicasts of the great peril to which he is exposed, and makes a merit of submitting to his trial without fear. Besides the ypaipTi, an elaayyeXia might be brought against an ambassadbj, upon which the accused would be committed to prison, or compelled to give bail for his appearance. This course was taken by Hyperi- des against Philocrates, who avoided his trial by voluntary exile.* nAPAnPESBEI'AS rPA$H'. (Fa. Pabapres- BEIA.) PARASANG {6 ■jrapaadyyTK), a Persian measure of length, frequently mentioned by the Greek wri- ters. It is still used by the Persians, who call it CfJLluuj {ferseng), which has been change)! in Ar-' abic into ^mJ (farsakh). According to Herodotus,' the parasangwas equal to 30 Greek stadia. Suidas' and Hesychius' assign it the same length ; and Xenophoh must also have calculated it at the same, as he says*' that 16,050 stadia are equal to 535 parasangs (16,050-^535=30). Agathias,' however, who quotes the testimony of Herodotus and Xenophoh to the parasang being 30 stadia, says that in , his time the Iberi and Persians made it only 21 stadia. Strabo*" also states that some writers reckoned it at 60, others at 40, and others at 30 stadia ; and Pliny" informs us that the Persians themselves aissigned different lengths to it. Modern English travellers estimate it variously at from 3i to 4 English miles, which nearly agrees with the calculation of Herodotus. ^ The etymology of parasang is doubtful. Rodiger"* supposes the latter part of the wori to be the same as the Persian i^^Jjmi (^^'"■S)' " ^ stone," and the former part to be connected with the Sanscrit TTjr (para), ■" end," and thinks that it may have derived its name from the stones placed at the end of cer- tain distances on the public roads of Persia. PARASE'MON (7rapaff77|UOv). (Fid. Insigne.) PARASI'TI {vapdaiToi) properly denotes persons who dine with others. In the early history of Greece the word had a very different meaning frOm that in' which it was used in later times. To 6i tov vapaamv 6vofta nuXai jmcv tjv aefivov koX Upov, says AthensB- us ;" and he proves from various decrees {ipri^iap.aTa) and other authorities that anciently the name iro- pdaiToc was given to distinguished persons who were appointed as assistants to certain priests and to the highest magistrates. As regards the priestly and civil parasites, the accounts of their office are so obscure that we are scarcely able to form any definite notion of it. An ancient law'* ordained 1. (Demosth., De Fals. Leg.,-374. — Thirlwall, Gr. Hist., Tol. vi., p. 26.)— 2. (Meier, Att. Proo., 193.)— 3. (De Fals. Leg., 28, 52.)— 4. (.aischin., d. Ctes.j 65, ed. Steph.)— 6. (ii., 6 , v., S3 ; vi., 42,)— 6. (s. V.)— 7. (s. T.)^8. (Aaah., ii., 2, « 6.)— 9. (ii., 21.)— 10. (xi., p. 618.)— 11. (H. N., Ti., 30 )— 12. (in Erschund Gruber's EncyclbpSdie, s. V. Paras.)- 13 'vi , p. 234) — 14 (.\then., 1. c.) PARASITI. PARDALIS. that each pf the priestly parasites should , select, from the /Sou/toAio the sixth part of a medimnus of bajley, ajid supply \y,ith it the Athenians who were, present in thie temple, according to the custom of ; their fathers ; and this sixth of a medimnus was tp be given by the parasites of Acharnae. The meap-, ing of this very obscure law is discussed by Preller.^ Thus much, however, is clear, that the parasites were elected in the demi of Attica from among the most distinguished and most ancient famiUes. We find their number to, have been twelve, so that it did not coincide with that of the detni. This may be accounted for by supposing that in one demos two or more gods were worshipped, whose service required a parasite,, while in, another there was no such divinity. The gods in whose service parasites are mentioned are Heracles, Apollo, the Anaces, and Athena of Pallene, Their services appear to have been rewarded with a third of the victims sac- rificed to their respective gods, Such officers ex- isted down to a late period of Greek history, for Clearchus, a disciple of Aristotle, said that parasites in his own days continued to be apppinted in most Grecian states to the most distinguished magis- trates.? These, however, must have been different from the priestly parasites. Solon, in his legisla- tion, called the act of giving public meals to certain magistrates and foreign ambassadors in the pryta- neum, napaaLTelv,' and it may be that the parasites were connected with this institution.* The class of persons whorn we call parasites was very numerous in ancient Greecp, arid appears to have existed from early times, though they were not designated by this name. The comedies of Aristophanes contain various allusions to them, and Philippas, who is introduced in the Symposium of Xoiiophon, as well as a person described in some verses of Episharmos preserved in Athenasus, are perfect specimens of parasites. But the first writer who designated these persons by the name of napor- aiTot was Alexis, in one of his comedies.' In the so-called middle and new Attic comedy, and in their Roman iinitaiions, the parasites are standing char- acters ; and although they are described in very strong colours in these comedies, yet the descrip- tion does not seem to be much exaggerated, if we may judge frpm other accounts of real pai;asites. We shall not, therefore, be much mistaken in bor- rowing our description of parasites chiefly from these comedies. The characteristic features common to all para- sites are importunity, love of sensiial pleasures, and, above all, the desire of getting a gppd dinner with- out paying for it. According to the various means they employed to obtain this object, they may be, divided into three classes. The first are the yeXa-, Tonoioi, or jesters, who, in order to get some invi-; tation, not only tried to amuse persons with their jokes, but even exposed their own person to ridi- cule, and would bear all kinds of insult and abuse if they could only hope to gain the desired object. Among these we may class Philippus in the Sym-, posium of Xenophon, Ergastilus in the Captivi, and Gelasunijs in the Stichus of Plautus. The second ;.,class are ,tliq, fcoAaxer or flatterers {assenlalores), who, by praising and admiring vain persons, en- deavoured to obtain an invitation to their house. Gnatho in the Eunuchus of Terence, and the Arto- trogusin the Miles Gloriosus of Plautus, are admi-, rable delineations of such characters. . The third class are the ^cpaTZEvnKoi, or the oflicious, who, by a variety of services, even of the lowest and most degrading description, endeavoured to acquire clainls 1 (Polemonis Fragm., p. 115, ifco.)— 2. (Athen,, vi., p. 235. )t4 3. (Plut;, Sol , 24.)— 4 (Compare Pollux, vi), c. 7.)— 5. (Athen., i^ p 835.1 to invitations.' Cnaracters of this class are tur parasites in the Asinaria and Menaechmi of Plau- t^s,^^nd more especially the Curculio and Saturib in the Persa of Plautus and the Phormio gf Terence From the various statements in comedies arid the treatise of Plutarch, De Aduhtoris. et Amwt Vis- qrimine, we see that parasites always tried to dis-, cover where a good dinner was to be had, and foi this purpose they lounged about in the market, the palaestrae, the baths, and other public places of re- sprt. After they had fixed upon a person, who was in most cases, probably, an inexperienced young man, they used every possible means to indiice him to invite thern. No humiliation and no abuse could deter them from pursuing their plans. Some ex amples of the most disgusting humiliations which parasites endured, and even rejoiced in, are men- tioned by Athenaeus' and Plutarchl' During the time of the Roman emperors, a parasite seems to have been a constant gUest at the tables of the wealthy.* PARA'STADES {wapaaTaSec). (Vid. Ant^.) PARA' STASIS {jrdpaaraats). A fee of one drachm paid to an arbitrator by the plaintiff on bringing his cause before hun, and hy the defendant on putting in his answer. The same name was given to the fee (perhaps a drachm) paid by the prosecutor in most public causes.' (Compare Di- .STET.^, p. 353.) PARA'STAT^ {■KapaaraTai). {Vid. Eleven. THE.) PARAZO'NIUM. {Vid. Zona.) *PARD'AHS (OTpda^if). "Oppian describes two species of Pardalis, namely, the greater and the smaller. According to Buffon, the former is the Panther, and the latter the Owice. It is be- yond a doubt," he remarks, " that the little Panther of Oppian, the PAef or Phei of the Arabians, the Foa,dh of Barbary, the Onza or Ounce of the Euro- peans, are one and the same animal. There is great reason to think that it is also the Pardus of the ancients, and the Panthera of Pliny." Bcffon adds, " It is highly probable, moreover, that the little Panther was called simply Pard or Pardus, and that, in process of time, the large Panther obtained the name ot Leopard or Leopardus." " The Greeks," says Smith, speaking of the Panther and Leopard. " knew one of these from the time of Homer, whicti they named Pardalis, as Menejaus is said in the l\ia,A.to have covered himself with the spotted skin of this animal. This they compared, on account of its strength and cruelty, tp the lion, and represented it .as having its skin vafled with spots. Its name, even, was synonymous with spotted. The Greek transIatoi;s of the Scriptures used the nam,e Parda- lis as synonymous with Namer, which word, with a slight modification, signifies 'the Panther,' at pres- ent,' among the Arabians. The name Pardalis gave place among the Romans to those of Panthera and Varia. These,are the words they used during the two first ages, whenever they had occasion to trans- late the Greek passages, which mentioned the Par- dalis, or when they themselves mentioned this animal.. They sometimes used the word Pardus either for Pardafi* or for Namer, Pliny even says that Pardus signified the male of Panthera or Varia. Sp, reciprocally, the Greeks translated Pantherahy the word Pardalis. ^The term Panthera, although of Greek root, did not, then, preserve the sense of the word iravdrip, which is constantly marked as 1. (Plut., Do Add., 23; Do Educat., 15;.)— 2. (vi., p. 240.)— 3. (pe Occult, viv., 1.— Sympos., vii., 6. — Cbihpare Diogr. La- ert., ii., 67.) — 4. (Lucian, Do Parasit., 58. — Compare Bebker, ,Char}kles, i., p. 490, (tc— Le Beau, in tlie Hist, do PAcad. del Tn'script., v6l. xxxi., p. 51, &o. — Mi. H. B. Meyer, in Erefth und Gruber's Encyclopftdie, s. v. Parasiten.) — 5. (Harpoc, s. v. JXap diraiTis.- Meier, Att. Proc, 614, 615.) 733 PAREDRI. PARIES. diiferent from / urdalis, and by Oppian is said to be small and of little courage. The Romans, never- theless, sometimes employed it to translate the word Travdiip, and the Greeks of the lower empire, induced by the resemblance of the namesi have probably attributed to the Panther some of the char- acters which they found among the Romans on the Panthera. Bochart, without knowing these animals himself, has collected and compared with much sa- gacity everything that the ancients and the Orien- talists have said about them. He endeavours to clear up these apparent contradictions by a passage in which Oppian characterizes two species of Par- dalis, the great, with a shorter tail than the less. It is to this smaller species that Bochart would ap- ply the word irdvBijp. But there are found in the country known to the ancients two animals with spotted skins : the common Panther of naturalists, and another animal, which, after Daubenton, is named the Guepard for Hunting Leopard). The Arabian authors have there also known and distin- guished two of these animals ; the first under the name of Nemer, the other under that of Fehd ; and although Bochart considers the Fehd to be the Lynx, Cuvier rather inclines to think it the Hunting Leop- ard. The Guepard, then, would be the Panther, and there is nothing stated by the Greeks repugnant to this idea.'" *II. One of the large fishes mentioned by .(Elian and Oppian, and by Suidas under ktjto^. Many con- jectures have been made respecting it, the most probable of which, according to Adams, is, that it was the Sgualus tigrinus, a species of Shark.' *PARD'ALOS (-KapSoKog), a bird noticed by Aris- totle. " Aldrovandi and Buffon agree in holding it to be the Tringa squatarola, L., or the Gray Plover ; but Dr. Trail prefers the Charadrius plumalis, or Golden Plover. Schneider mentions that Biller- beck had advanced the opinion that it is the com- mon Starling, or Sturnus vulgaris. This opinion, however, is entitled to no credit.'" *PARDTON (rfptJtov). Schneider follows Pal- las in referring this to the Camelopard, or Giraffa Camelopardalis.* PAREDRI (jidpsSpoi). Each of the three supe- rior archons was at liberty to have two assessors (TiiipeSpoi), chosen by himself, to assist him, by advice sr.d otherwise, in the performance of his vaiious duties. The assessor, like the magistrate himself, had to undergo a SoKifiaaia in the Senate of Five Hundred and before a judicial tribunal before he could be permitted to enter upon his labours. He was also to render an account {BiB-ovri) at the end of the year. The office is called an upxri by Demosthenes.' The duties of the archon, magiste- rial and judicial, were so numerous, that one of the principal objects of having assessors must have been to enable them to get through their business. We hnd the irdpeSpo^ assisting the archon at the \v^iQ SiKTic-' He had authority to keep order at public festivals and theatres, and to impose a fine , on the disorderly.' As the archons were chosen by lot (/c/li7/5wroi), and might be persons of inferior ca- 'pacity, and not very well fitted for their station, it might often be useful, or even necessary, for them to procure the assistance of clever men of business.' And perhaps it was intended that the irdpedpot. should hot only assist, but in some measure check and control the power of their principals. They are spoken of as being ^orjdol, ai/iBovXoi koI i^vXa- J." (Aristot., H. A,, i., 1.— Oppian, Cyneg., iii., 63. — Adams, l.ppend., s. V. — Griffith's Cuvier, vol. ii., p. 459.) — 2. (.Slian, K. A., xi., 14.— Oppian, Hal., i., 368.)— 3. (Aristot., H. A., ii., 19' — Schneider ad Aristot., 1. c. — Adams, Append., s. v.) — 4. (Aristot., H. A., ii., 2. — Adams, Append., s. v.) — 5.'(c. Neacr., 13C9.)— 0. (Demosth., c. Theoc., 1332.)— 7 (Demosth., c. Mid., ''-2.) -8. (Demosth , ;. Neer., 1372.) 734 KEf. Demosthenes accuses Stephanus of buyinj his place of ft e Kpx<->v 0aai?i^vc^ It was usual ta choose relatives and friends to be assessors; but they might at any time be dismissed, at least for good cause." The thesmothetEs, though they had no regular ivdpedpoi, used to have counsellors 'ffi'jj- Soii^ot), who answered the same purpose.' The office of TtdpsSpoi was called napi Spin, and to exer else it TtapeSpevEiv. From the mpeSpoi of the archons we must distin- guish those who assisted the evBvvoi in examining and auditing magistrates' accounts. The eiBuvoi were a board of ten, and each of then; jhose two assessors.* (Fiii. Eitthyne.) *PAREI'AS (TrapEjOf), a species of Serpent, sa cred to .iEsculapius. Gesner concludes that it ia the serpent called Baron in certain parts of Italy. According to the author of the Etymologicon Mag- num, it is innoxious.' PAREISGRAPHE {napsiaypafjj) signifies a fraudulent enrolment in the register of citizens. For this an indictment lay at Athens, called fraiat ypa -7 (Hor., Carm., ii., 7, 10.) — 8. (Polyb., vi., 20.) — 9. (Claud., D-. vi. Cons. Honor., 628.) — 10. (Sallust, Fnwm. Hist., I.. IV.)- ll. (Propert., IV., ii., 2I'.)--12. (Properti-S'.iii-j 40^MtU,|. i,.i)l.—yat.,MT^.,i.,%n.)—\3i^Mi;Wifii.) , . ,. PARTHENIAI. i'ASrGPHORUS. The annexed woodcut represents a votive parma, flinbossed (a^np^/lofow) (md. Malleus) and gilded, representing on its border, as is supposed, the ta- king of Rome by the Gauls under Brennus, and its recovery by Camillus. It belonged formerly to the Woodwardii.n Museum, and is supposed by antiqua- ries to have been made in the time of Claudius or Nero. The boos (umbo) is a grotesque face, sur- rounded with rd.Ti's horns, foliage, and a twisted beard.' *PARNOPS (7rO|-vj^), a species of Locusta, or Grasshopper.' *PARONYCH'IA [frapuvvxia), a species of Grass. " There is great uncfcrtainty about it," remarks Adams. " Conformity cf names gives some coun- tonance to the conjeeturo of Lobelius, who held it to tie our Whitlow Grass, nbuiely, the Draba verna, PARO'PSIS (Trapoijji;). Two different meanings are given to this word by the Greek grammari- ans ; some interpret it as meaning any fbod eaten with the otpov {vid. OpsoNinM), as ihe fid^a, a kind of frumenty or soft cake, broth, or any kind of con- diment or sauce ;* and others a saucer, plate, or small dish.' It is plain, however, from the numer- ous passages collected by Athenaeus,' that the word was used in both significations, and was the name of the dish or plate, as well as of its contents.' The Roman writers seem always to use it in the sense of a dish or plate ;' and, according to Chari- sius, it was so called, " quia in eo reponuntur tibso- nia, et ex eo in mensa comedunlur." The word is also written Parapsis.' *PARRA, a bird of evil omen, about whict great difference of opinion exists. Vanderbourg, &ne of the commentators on Horace (by which poet the Parra is once mentioned), is in favour of th6 Screech Owl." PARRICI'DA. (Vid. CoHifEUA Lex dl Sica- RIIS.) PARTHEN'IAI pr PARTHENEIAI {vapeeutiu m TcafiSevelai) are, according to the literal meaning of the word, children born by unmarried women (ffapSe'voi"). .Same writers also, designated by this name those legitimate children at Sparta who were born before the mother was introduced into the house of her husband;" The partheniae, however,^ ,1. (Podwell, De Patina Woodwardi^a, Oxon., 1713,^Com-^ pare Bernd, Das Wappcnwesen der Griechen und Rdmer, Bdriii, 1841.1—2. (StiabD, xiii.V 9,.— .Lilian,. N. A., vi., I9i)T-3. fDios., w., Si.^Adams, Append., s. v.) — 4. (Pollux, Onom.,vi., 56 ; x,, W.T— ITemster., ad loc.)^5. (Ilesych. and Suid., s. v.) — 6. {ix., p.,367, 368.)— 7. (Compare Xen., Cyr., i., 3, « 4.— Pliit.,De Ajlul.etAiij.,.9.— St. Matthew, xxiii., 26.)— 8. (Juv., iii., 142.— Matt,, xii, 27i,5.)— 9. ()Iesycl£,>s. v.TT!S»et„ Galb., 12.— Petron., 34.-inig. 34, tit. 2,iS. 19,:^.S.) — 10. (Vandertoui-g ad Hff.i., Cam., iii., 27, 1.)— 11. (Horn., II., xyi., IK).)- 12. (H-'-b,, s. T.- -MuUer, Dor., iv., 4, « 2.) 5 A as a distinct class of citizeDSi> appear at Sparta aflei the first Messenian war, and in connexion with the foundation of Tarentum; but the legends as to who they were differ from one another. Hesychius says that they were the children of Spartan citizens and female slaves; Antiochus' states that they were the sons of those Spartans who took no part in the war against the Messenians These Spartans were made Helots, and their children were called par- theniae, and declared uTi/ioi. When they grew up, and were unable to bear their degrading position at home, they emigrated, and became the founders of Tarentum. Ephorus," again, related the story in a different manner. When the Messenian war ha'd lasted for a considerable number of years, the Spar- tan women sent an embassy to the camp of their husbands, complained of their long absence, and stated that the Republic would suffer for want of an increase in the number of citizens if the war should continue much longer. Their husbands, who were bound by an oath not to leave the field until the Messenians were conquered, sent home all the young men in the camp, who were not bound by that oath^ and requested thein to cohabit with the maidens at Sparta. The children thus prodilced were called partheniae. On the return of the Spar- tans from Messenia, these partheniae were not treat- ed as citizens, and, accordingly, united with the Helots to wage war against the Spartans. But, when this plan was found impracticable, they emi- grated, and founded the colony of Tarentum.' {Vid. EpEHNAKTAi.) Thcsc storlcs seem to be nothing but distortions of some historical fact. The Spar- tans, at a time of great distress, had perhaps allow- ed marriages between Spartans and slaves or La- conians, or had admitted a number of persons to the franchise, but afterward endeavoured to curtail the privileges of these new citizens, which led to insur rection and emigration.* *PARTHEN'ION {Trapdiviov), a species of plant, which Sprengel makes to be the Matricaria Par- thenium, the same with the Pyrethrum Parthenium. Hooker, in English, Fever-few. Sibthorp, with some hesitation, however, advocates the same opin- ion.' *PASSER (arpovBos), the Sparrow. " The Greek term arpovBoc is used by Paulus jEgineta in the same sense that Passeres is by Linnaeus, as apply- ing to the order of small birds. It is more partic- ularly applied to the Passer domesticus, or House Sparrow. Gesner supposes the ■Kvpylrri^ and rpay- ^odvTtj^ mere varieties of it ; but it is more proba- ble that the latter was the Hedge Sparrow, or Ac ccntor modularis, Cuvier."' PASSUS, a measure of length, which consisted of five Roman feet.' (Vid. Pes.) The passus was not the step, or distance from heel to heel, when the feet were at their utmost ordinary extension, but the distance from the point which the heel leaves to that in >yhich it is set down. The mille passuum, or thousand paces, was the common name of the Roman mile. {Vid. Milliare.) ■ PASTOPHORUS {TTaaTO(p6pos). The shawl, richly interwoven with gold (;t;pv(;i5n-oi7rof), and dis- playing various symbolical or mythological figures. Was much used in religious ceremonies to conduce to their splendour, to explain their signification, and also to veil, their solemnity. The maidens who carried the figured peplus in the Panathenaea at Athens were.called cifijiTifopoi. In Egypt, the priests of isis ,and Osiris, iwhp probably fulfilled: a similai 1. (ap, Strab., vi., 3, p. 43, &c.)— 2. (ap.. Stiab., vi., 3, p. 45.1 — 3, (Compare Theoponip. ap. Athen., Ti., p. 271.)— 4. (Vid T-hirlwall, Hist, of Greece, i., p. 352, &c.) — 5. (Adams, Ap. pend., B. T.)— 6. (Adams, Append., 8 v. Sr(loiiWs.)— 7 (Coliim., v., 1 — VitrUT., I., 14.) 737 PATERA. PATERA. oifice, were denominated Kaaro^opoi, and were in- corporated.' They appear to have extended them- selves, together with the extension of the Egyptian worship, over parts of Greece and Italy, so that "the College of the Pastophori of Industria," a city of Liguria, is mentioned in an inscription found near Turin.' The Egyptian college was divided into minor companies, each containing ten pasto- phori, and each having at its head a leader who was called decurio quinguennalis, because he was ap- pointed for five years.' Besides carrying the waa- t6(, or sacred ornamental shawl, they performed other duties in connexion with the worship of the temple. It was the office of this class of priests to raise the shawl with the performance of an appro- priate chant, so as to discover the god seated or standing in the adytum,* and generally to show the temple with its sacred utensils, of which, like mod- ern sacristans, they had the custody." In conse- quence of the supposed influence of Isis and her priesthood in healing diseases, the pastophori ob- tained a high rank as physicians.' It must be observed, that, according to another interpretation of iraffrof, the pastophori were so de- nominated from carrying, not a shawl, but a shrine or small chapel, containing the image of the god. Supposing this etymology to be correct, it is no less true that the pastophori sustained the various offices which have been here assigned to them. It was indispensably requisite that so numerous and important a body of men should have a residence appropriated to them in the temple to which they belonged. This residence was called Traaro^optov. The common use of the term, as applied by the Greeks to Egyptian temples, led to its application to the corresponding part of the Temple at Jerusa- em by Josephus,' and by the authors of the Alex- andrine version of the Old Testament.^ PATER FAMILT.iE. (Fid. Familia, Marriage (Roman), Patria Potestas.) PATER PATRA'TUS. (Vid. Fetiales.) PATERA, dim. PATELLA ((^mAj;), a round dish, a plate, a saucer. Macrobius,' explaining the dif- ference between the patera and the Garchesium, says that the former received its name from its flat, expanded form ( planum ac patens). The paterse of the most common kind are thus described by Fes- tus :'° " Vasa picata parva, sacrificiis faciendis apta" {Nigra patella,'-'- Rubicunda testa"). They were small plates of the common red earthenware, on which an ornamental pattern was drawn in the manner described under the article Fictile," and which were sometimes entirely black. Numerous specimens of them may be seen in the British Mu- seum, and in other collections of ancient fictile va- ses. The more valuable paterse were metallic, be- ing chiefly of bronze ; but every family, raised above poverty, possessed one of silver {apyvpig), together with a silver salt-cellar. (Fid. Salinum.)'* In op- ulent houses there was a plate of gold {xpi"^k^')- These metallic plates were often adorned with fig- ures, engraved or embossed upon them." A beau- tiful specimen is presented in the woodcut to the ar- ticle Libra ; and the accompanying woodcut exhib- its a highly ornamented dish, also of bronze, design- sd to be used in the worship of Mars, and found at 1. (Dioil. Sic, i., 29. — Porphyr., De Abstin., fir,, 8. — Apnl., Met, li., -p. 124,126, ed. Aldi.)— 2. (Maffei, Mus. Veroo., p. 830.) — 3. (Apul., Met., li., ad fin.) — 4. (Clem. Alex., Psdag., iii., 2.) — 5. (HorapoUo, Hier., i., 41.)— 6. (Clem. Alex., Strom., «., 4, p: 758, ed. Potter.)- 7. (Bell. Jud., iv., 12.)— 8. (1 Chron., ii., 26, 33 ; xxiii., SS.^Jer., ixiv., 4.-1 Mace, iv., 38, 57.)— 9. (Sat.,v., 21.) — 10. (a. V. PateUa!.) — 11. (Mart., v., 120.) — 12. ;iiv., 114.0-13. (p. 418.) — 14. (Plin., H. N., Eudii., 12, s. 54.) —15. (Athen., li., p. 497, 502. — Pind., 01,, vii., 1-3.— Virg., Geonj.,ii., 192.) — 16. (Cic, VelT , II., It., 21. — Xen., Anab., tv., 7, « 27'; vii., 3, « 27.) 73a Pompeii.- The view oi the upper surface is accom- panied bj a side view, showing the form and depth of the vessel. The ornamental paterte sometimes represented leaves of fern, which probably diverged from the centre (Jlicata."). Gems were set in oth- ers.' We read also of an amber dish {electrinain), having in the centre the countenance of Alexander the Great, and his history represented on the bor- der.* The annexed woodcut contains a view and section of a plate of white marble in the British Museum, which was found in the ruins of Hadrian's Villa, and purchased by Mr. Townley. It is H inches in diameter, and 1} high. It is cut with skill and delicacy, the marble not being much more than a quarter of an inch thick. In the centre is sculp- tured a female bacchante, in a long tunic and with a scarf {vid. Chlamys) floating over her head. This centre-piece is encircled by a wreath of ivy. The decorations indicate the appropriation of the plate to the worship of Bacchus. Plates were sometimes made so as to be used with either side downward, and were then distin guished by the epithet a/i^ideTo;.^ In these the under surface was ornamented as well as the upper. The Massilians and other Ionic Greeks commonly placed the under surface uppermost. Plates were farther distinguished from one another by being ei- ther with or without a base (■kvS/i^v), a boss in the middle {b/ifaTiar^, nea6ii,^a'KoQ, fdoic), feet 0a^ava- TT/X and handles.' In the preceding woodcuts the 1. (Donaldson's Pomp., vol. ii., pl. 78.)— 2. (Cic, Parad-, i., » 2.)— 3. (Cic., Verr., II., iv., 24.— Virg.,jEn., i., 728, 739.— Treh. Poll., Claud., p. 208, ed Salmas.) — 4. (Treb. PcJl., Tlig. Tyr , 13.)— 5. (Ifcm., Il.,Euii. 270, 616.) — 6. (Athen., li.,p SOI 502' PVrHOLOGIA. PATHOLOGIA. bronze patera has one handle : both the paterae are made to stand upon a low base. Small plates were sometimes used in cooliing,' an operation more commonly performed in pots (^vid. Olla) and basins or bowls. (Vid. Patina.) They were used at meals to eat upon as we use them," although it appears that very religious persons ab- stained from this practice on account of the custom- Bry employment of them in sacrificing to the gods.' A larger plate, in fact a round dish, was used to bring to table such an article of food as a flat fish.* Mustard' and ointments' were brought in saucers. The Greeks also dranlc wine out of plates or sau- cers,' as we see in the woodcut on p. 326, which represents a symposium, and in which the second and third figures from the right hand have each a saucer. It was, however, one of the refinements of luxury among the Asiatics, that the cup-bearer used the plate as a waiter to hold the cup into which he poured the wine ; and, as the plate was without a handle {uvcv utuv), he took hold of it adroitly with three of his fingers.' The use of paterae at meals no doubt gave origin to the employment of them in sacrifices. On these occasions they held either solid food (fUKpov xpea^,' cibos"), or any liquid intended to be poured out as a libation." We find them continually represented in conjunction with the other instruments of sacrifice upon coins, gems, altars, bas-reliefs, and the friezes of temples. In the ancient Doric temple at Rome, now dedicated to St. Adrian, the tasteful patera and the cranium of the bull are alternately sculptured on the metopes.'" Plates of the most precious materials and of the finest workmanship were sometimes given as prizes «t the public games.'" PATHOLOGIA (JlaBoXoycKTi), one of the five parts into which, according to some authors, the science of medicine among the ancients was divided 'aid. Mkiucina), which, as its name implies (xddog, disease, and Aoyof, a discourse), had for its especial object the whole doctrine of disease, in what it con- sists, from what it springs, what changes it effects in the human frame, &c. It would be impossible here to attempt anything like a complete analysis of the opinions of the ancients on this subject ; it will, perhaps, be suflScient to notice the doctrines of the two principal physicians of antiquity, Hippocra- tes and Galen, and to give a list of such of their treatises on the subject as are still extant, referring the reader for a more detailed account to the His- tories of Medicine by Le Clerc and Sprengel, and especially to a little work by Sophocles ab CEcono- mus, entitled " Specimen Pathologiae Generalis Ve- terum Grascorum," Berol., 8vo, 1833. Hippocrates, says Sprengel,'* in his pathology occupied himself much less about the immediate than the remote caus- es of diseases. It is true that he admitted the the- ory of elementary humours, but he very rarely makes use of it in the explanation of the causes of different afl^ections, and always in an indirect and obscure manner. We find in his writings very few specu- lations upon the essence of diseases Tn the trea- tise llefii Tuv h Kefa^^ Tpav/idruv, "De Capitis Vul- neribus,"" he explains inflammation by the blood's flawing into parts into which it had not penetrated 1. (Plin., H. N., XIX., 8, s. 21.)— 2. (Varro, Eumen. ap. Non. Marc, XV., 6.— Her., Epist., I., v., 2.) — 3. (Cic, Fin , ii., 7.)— t. (Mart., xiii., 81.)— 5. (Plin., H. N., xix., 8, s. 54.)— 6. (Xen- oph., p. 68, ed. Kareten.)— 7. (Xen., Conv., ii., 23.) — 8. (Xen., Cyr., i., 3, 1) 8, 9.)— 9. (Vairo, Man. ap. Non. Marc, 1. c.) — 10. (Ovid, Fast.,vi., 310.)— 11. (Virj., jEn., iii.,67; iv.,60; v., 98: n.,249j vii., 133; jii., 174.— Ovid, Met., ix., 160. — Fast., ii., 634; iT.,934. — Val. Flacc, v., 192 -Juv., iii., 26. — Heliod., .Xthiop., ii., p. 98— Athen., xi., p. 482.)— 12. (Labacco, Ant. di Roma, 16, 17.)— 13. (Horn., II., xxiii., 270.— Find., Isth., i., 20.) . -Ii 'Hist, de la M6d )- 15. (torn, iii., p. 362, ed. KUhu.) before. In another passage' he has recourse to the elementary qualities to account for barrenness. He points out two general causes of spasms, fulness and emptiness," and refers all external irritations to these two causes. He explains the formation of urinary calculi in a very simple manner : these ex- traneous bodies are owing to the accumulation of sandy particles contained in the urine." Galen, in a very important passage,* says that "Hippocra- tes never deigned to admit the causes of diseases according to his imagination ; he vi^as convinced that it was always safer to refer them to phenomena that were plainly recognised. Thus he never pro- poses his own method of cure but when he believes it founded on experience." He rendered a great ser- vice to pathology by not multiplying to infinity, like the physicians of the Cnidian school {vid. Medioina, p. 629), the number of the sorts of diseases, and by observing with scrupulous attention the essential difference which exists between the same symptoms according as they arise from different causes.' It is upon these principles. that he founded his ex- cellent axioms of diagnosis, and complained that physicians had not sufficient experience to recognise whether weakness in diseases was the consequence of the emptiness of the vessels, of some other irri- tation, or of pain and the intensity of the malady; nor could they discern the accidents occasioned by the constitution of the individual. Thus he estab- lished between active and passive symptoms a dis- tinction which he believed to be much more impor- tant than the classification of diseases according to species founded upon pure subtleties. He devoted his whole attention to the remote causes of disease, particularly to the air and winds. He began by ex- plaining the action of heat and cold upon the human body,' and then pointed out the changes that the in- fluence of the season and weather occasions in the general constitution. He thought a dry atmosphere more healthy than a very damp one.' He regarded the variations of the weather in the different sea- sons as a sufficient cause for a number of diseases peculiar to each part of the year. Many of these principles have perhaps only been founded upon a single observation ; indeed, sometimes his observa- tions were incorrect, because they were based upon insufficient reasonings. When, for example, he met with a disease in a town, situated opposite to such or such a quarter of the heavens, he did not fail to attribute it to the influence of the climate. For this reason he attributed abortion and hydrocele to the north wind, and the fecundity of women to the east wind. He even went so far as to think that water possessed particular qualities according to the dif- ferent countries where it was met with and the winds to which it was exposed. The Humoral Pa- thology, as it is called, or the theory according to which all maladies are explained by the mixture of the four cardinal humours, viz.. Blood, Bile, Mucus or Phlegm {opui NoaTi/iuTuv, "De Differentiis Morborum ;" 3. Uepl tuv h roll Soa^- jiaaiv 'AiTiuv, " De Morborum Causis." There is also much matter relating to the subject of Pathol- ogy to be found in several other parts of his works. PATIB'ULUM. ^ (Vid. FoBCA.) PATTNA ( Xeicdv?], dim. Xexdviov at. XeKapiov, XeKavioKTi,^ Xenavli, second dim. XexaviStov''), a basin or bowl of earthenware, rarely of bronze' or silver.' A patina, covered with a lid (operculum), was sometimes used to keep grapes instead of a jar," a proof that this vessel was of a form intermediate between the Patera and the Olla, not so flat as the former, nor so deep as the latter. Hence it is compared to the craten" (Fjrf. Crater.) This ac- count of its shape accords with a variety of uses to which it was applied, viz., to hold water and a sponge for washing," and clay for making bricks," in vomiting,'*and in smelting the oreof quicksilver." But its most frequent use was in cookery and phar- macy." Although the patera and the olla were also used, the articles of diet were commonly prepared, sometimes over a fire," and sometimes without fire, in a patina, and more especially when they were accompanied with sauce or fluid." Hence the word occurs in almost every page of Apicius, De Opsoniis {vid. Opsoxiom) ; and hence came its synonyme i-^<- 1. (De Diff. Febr., lib. i., p. 295, 298, tom. vii.)— 2. (De Diff. Febr., lib. ii., p. 336, tpm. vii — Compare Eisner's " Beytrftge zur Fieberlehre," lOiiiigsb., 1789, 8vo.) — 3. (Meth. Med., lib. xiii., p. 876, tom. x.)— 4. (Ibid., p. 879, tom. x.) — 6. (Meth. Med,, lib. v., p. 311, tom. x.)— 6. (Athen;, vi., p. 288.)— 7. (Bek- ker, Ancc, p. 794.)— 8. (Pallad., Dii Re Rust., i., 40.— Pliii., H N„ xxiiv., 11, B. 25.)^9. (Treb. Poll., Claud., p. 208, c.) — 10 (Ciol., De Re Rust., xii., 43.)— 11. (Schol inArjstopK., Acham., 1109.)— 12. (Aiistoph., Vesp., 598.)-13. (Aves, 1143, 1146.)- 14. (Id., Nub., 904.)— 15. (Ilin^, H. N., xxiiii., 8, ». 41.)— 16 (Flip., H. N., xxiii., 2, s. 33.) — 17. (Plant., Pseud., III., il., 51 — Plin., H. N., iviji., 11, s. 28 : irU., SS, s. 80.) — 18. (Hor Sat., I., iii., 80.) PATKIA I'OTESTAS. MoKr/.^ In the same bowl the food \» as tommonly Drought to table,' an example of which is XsKaviov Tuv Tiayaav Kpcuv, i. e., " a basin of stewed hare.'" But it is to be observed, that dishes (md. Lanx, Pa- tera) were used to bring to table those articles of food, the form and solidity of which were adapted to such vessels. The silver bowl was sometimes ornamented, as with ivy-leaves {hederata*), or by the insertion of wiriors (specillata'). These bowls weighed from .10 '.o 20 lbs. each. Vitellius, wishing to obtain an. earthenware bowl of immense size, had a furnace instructed on purpose to bake it.' A method of divination by the use of a basin (Xe- KavofiavTEia) is mentioned by Tzetzes on Lycophron, V. 813. PATRES. . (Vid. Pateicii.) PAT'RIA POTESTAS. Potestas signifies gen- erally a power or faculty of any kind by which we do anything. " Potestas," . says Paulus,' " has several significations : when applied to magistratns, it is imperium ; in the case of children, it is the patria potestas ; in the case of slaves, it is dominium." According to Paulus, then, potestas, as applied to magistratus, is equivalent to imperium. Thus we find potestas associated with the adjectives praeto- ria, consularis. But potfestas is applied to magis- trates who had not the imperium, as, for instance, to qusestors and tribuni plebis;' and potestas and imperium are often opposed in Cicero. Thus it seems that this word potestas, like many other Roman terras, had both a wider signification and a narrower one. In its wider signification it might mean all the power that was delegated to any per- son by the state, whatever might be the extent of that power. In its narrower significations, it was, on the one hand, equivalent to imperium ; and, on the other, it expressed the power of those function- aries who had not the imperium. Sometimes it was used to express a magistratus, as a person,' and hence, in the Italian language, the word podes- ta signifies a magistrate. Potestas is also one of the words by which is ex- pressed the power that one private person has over another, the other two being manus and mancipium. The potestas is either dominica, that is, ownership, as exhibited in the relation of master and slave {vid. Servhs), or patria, as exhibited in the relation of father and child. The mancipium was framed after the analogy of the potestas dominica. {Vid. Mancipium.) Patria potestas, then, signifies the power which a Roman father had over the persons of his children, grandchildren, and other descendants {filiifamilias, filicefamilias), and generally all the rights which he had by virtue of his paternity. The foundation of the patria potestas was a legal marriage, and the birth of a child gave it full eflTect. {Vid. Mabkiage, Roman.) It does not Boem that the patria potestas was ever viewed among the Romans as absolutely equiv- alent to the dominica potestas, or as involving own- ership ot t»e tnud ; and yet the original notion of the patria came very near to that of the dominica potestas. Originally the father had the power of life and fleath o^er his son as a member of his Tamilia : he could sell him, and so bring him into the mancipii causa ; and he had the jus noxse dandi as a necessary consequence of his being liable for the delicts of his child. He could also give his 1 (Photius, Lei., s.;v.)^2. (Xen., Cyr., i., 3, 6 4.— Athen., iv., I-. 149, /.— Plnut,, Mil., Ill,, i., 164.— Tor., Eun., IV , vii., ^6.— Hor., Sat., II., vii)., 43.)— 3. (Aristoph., Acham., ))09.)— 1. (Treb. Poll., 1. c.)— 5. (Fi, VoDisc. Probus, p. 2C4. ed. Sii'.mas.) -6. (Plin., H. N., xxxir.. 12, s. 4ti. — Jut., iv.,';39-l»l)-7. (Dig. 50, tit. 16, s. 225.)— 8. (Cic, Pro Cluer.t., o «' ;--» (flue- ton., Claud., 13.— Jut., Sat., i., 100.) PATRIA POTESTAS. daughter in marriage, or give a wife to his son, di vorce his child, give him in adoption, and emaiioj' pate him at his pleasure. The father could exheredate his son, he could substit-jtc another person as heir to him {vid. Us- EEs), and he could, by his will, appoint him a tutor. The general rights and disabilities of a filius- familias may be thus briefly expressed : " The child is incapable, in his private rights, of any power or dominion ; in every other respect he is capable of legal rights."' The incapacity of the child is not really an incapacity of acquiring legal rights, for the child could acquire by contract, for instance ; but everything that he acquired was acquired for his father. As to matters that belonged to the jus publi- cum, the son laboured under no incapacities : he could vote at the comitia tributa, he could fill a magistratus, and he eould be a. tutor : for the tute- la was considered a part of jus publicum. The child had conhubium and commercium, like any Roman citizen who was sui juris, but these legal capacities brought to him no present power or ownership. His marriage was legal (justwm), but if it was accompanied with the in manum con- ventio, his wife came into the power of his father, and not into the power of the son. The son's children were in all cases in the power of their grandfather when the son was. Inasmuch as he had commercium, he could be a witness to mancipationes and testaments, but he could not have property nor servitutes. He had the testamenti factio, as already stated, so far as to be a witness to a testament, but he could not make a testasient, for he had nothing to dispose of; and he could not have a heres. He could, as already observed, acquire rights for his father by contract, but none for himself, ex- cept in the case of an adstipulatio, an instance which shows the difference between a son and a slave. (Vid. Obligationes.) But he could incur obligations and could be sued like a paterfamilias. The foundation of these rules of law was the max- UH that the condition of a master could be im- proved by the acts of his slaves, but i.ot made worse ; and this maxim applied equally to a son and a slave. Between the father and the son no civiles obligationes could exist ; neither of them, consequently, could have a right of action against the other. Some writers have supposed that there was a difference between the capacities and inca- pacities of a filiusfamilias and a filiafamilias as to obligationes ; but the reasons alleged by Savigny seem conclusively to show that there was no dif- ference at all. The incapacity of the child to acquire for him- self, and his capacity to acquire for his father, as well as their mutual incapacity of acquiring rights of action against one another, are viewed by some modern vnriters as a consequence of a legal unity of person, while others affirm that there is no trace of such a fiction in the Roman law, and that the assumption is by no means necessary to explain the rule of law. Indeed, the fiction of such a unity is quite unnecessary, for the fundamental maxim already referred to, that a man may be made richer, but not poorer, by his slaves and children, is a sim- ple positive rule. Though the child could not ac- quire for himself, yet all that he did acquire for •his father might become his own in the event of his father's death, a circumstance which material ly distinguished the acquisitions of a son from those of a slave ; and, accordingly, the son is some- times, though not with strict propriety, considered as a kind of joint owner with his father. 1 (Savigny, System, dtc, ii., 52.) 741 PATRIA POTtSTAS. PATRICII. Tlie rule as to the incapacity of a filiusfamilias for acquiring property was first varied about the time of Augustus, when the son was empowered to acquire for himself and to treat as his own what- ever he got in military service. This was the cas- trense peculium, with respect to which the son was considered as a person sui juris.' But if the filiusfamilias died without having made any dispo- sition of this peculium, it came to the father, and this continued to be the law till Justinian altered it ; but m this case the properly came as peculium, not as hereditas. The privileges of a filiusfamil- ias as to the acquisition of property were extended under Constantine to his acquisitions made during the discharge of civil offices ; and as this new priv- ilege was framed after the analogy of the castrense peculium, it was designated by the name quasi castrense peculium. Farther privileges of the same kind were alas given by Constantine and ex- tended under subsequent emperors {bona qua patri -non adquiruntur). The patria potestas began with the birth of a child in lawful marriage. If a Roman had by mis- take married a woman with whom he had no con- nubium, thinking that connubium existed, he was allowed to prove his case [causa erroris probatio), upon doing which, the child that had been bom and tiie wife also became Roman citizens, and from that time the son was in the power of the father. This causae probatio was allowed by a senatus consultum,' which, as it appears from the context, and a comparison with Ulpian's Fragments,' was an amendment of the lex .lElia Sentia. Other in- stances of the causas probatio are mentioned by Gains. It was a condition of the patria potestas that the child should be born in marriage. By the old law, then, the subsequent marriage of the parents did not legitimate a child born before the marriage. But it seems to have early become the fashion for the emperor, as an act of grace, to place such child on the same footing as legitimate children. The legitimation per subsequens matrimonium only be- came an established rule of law under Constantine, and was introduced for the advantage of children who were born in concubinage. {Vid. Concubina.) In the time of Theodosius II., the rule was estab- lished by which a child was legitimated per obla- tionem curiae. To these two modes of legitima- tion Justinian added that per rescriptura principis. The child thus legitimated came into the familia and the potestas of his father as if he had been born in lawful marriage. The patria potestas could also be acquired by either of the modes of adoption. ( Vid. Adoption, Roman.) The patria potestas was dissolved in various ways. It was dissolved by the death of the father, upon which event the grandchildren, if there were any, who had hitherto been in the power of their grandfather, came into the power of their father, who was now sui juris. It could also be dissolved in various ways during the lifetime of the father. A maxima or media capitis diminutio, either of the parent or child, dissolved the patria potestas ; though, in the case of either party sustaining a cap- itis diminutio by falling into the hands of an en- emy, the relation might be revived by postliminium. A father who was adrogated, and, consequently, sustained a minima capitis diminutio, came, togeth- er with his children, who had hitherto been in his power, into the powrr .>f his adoptive father. The emancipation of the child by the father was a com- mon mode of dissolving the patria potestas, and was accompanied by the minima capitis diminutio. 1 (Jut., Sat, xvi., 51 )— S. (Gaius, i., 67.)— 3. (vii., 4.) If a son was elected flamen dialis, or a daiignter was chosen a vestal, the patria potestas ceased ; and in the later period it was also dissolved by the son's attaining certain civil or ecclesiastical honours. The potestas of the father might cease without the son becoming sui juris, as in the case of the son being given in adoption. The term patria potestas strictly expresses the power of the father, as such, which arises from the paternal relation ; but the term also imports the rights of the child as a filiusfamilias or filiafamilias. Of these rights the most important was the capa- city of being the suus heres of the father, (ien- erally the parent could emancipate his child at his pleasure, and thus deprive him of the rights of ag- nation ; but the law in this respect was altered by Justinian,' who made the consent of the child ne- cessary. PATRI'CII. This word is evidently a deriva- tive from -pater, which frequently occurs in the Ro man writers as equivalent to senator. Patricii therefore signifies those who belonged to the pa tres " rex palres eos {senatores) voluit nominari, pa- triciosque eorum liberos ;"' though it seems to be a mistake in these writers to suppose that the patri- cii were only the offspring of the patres in the sense of senators, and necessarily connected with them by blood. The connexion was, as we shall see hereafter, a much wider one, but, in conse- quence of it, patres and patricii are sometimes used as convertible terms, so that patricii stands foi senators.' The words patres and patricii have thus radically the same meaning, and some of the an- cients believed that the name patres was given to that particular class of the Roman population from the fact that they were fathers of families ■* others that they were called so from their age," or be- cause they distributed land among the poorer cit- izens, as fathers did among their children." Bnl most writers refer the name to the patrocinium which the patricians exercised over the whole state, and over all classes of persons of whom it was composed.' In considering who the patricians were, we have to distinguish three periods in the history of Rome, The first extends from the foundation of the city down to the establishment of the plebeians as a sec- ond order : the second, from this event down to the time of Constantine, during which time the patri- cians were a real aristocracy of birth, and, as such, formed a distinct class of Roman citizens opposed to the plebeians, and afterward to the new plebeian aristocracy of the nobiles : the third period extends from Constantine down to the middle ages, during which the patricians were no longer an aristocracy of birth, but were persons who merely enjoyed a title, first granted by the emperors, and afterward by the popes also. First Period : from the foundation of the city to the establishment of the plebeian order. Niebuhr's re- searches into the early history of Rome have estab lished it as a fact beyond all doubt, that during this period the patricians were the whole body of Ro- man citizens ; that they were the populus Komanus ; and that there were no other real citizens beside* them.' The other parts of the Roman population, namely, clients and slaves, did not belong to the populus Romanus, and were not burghers or patri- cians. The senators or patres (in the narrowei 1. (Nov., 89, c. U.)— 2. (Cic, De Repnb., ii., 12.— Liv., i., 8 — Dionys., ii., p. 83, ed. Sylburg.)- 3. (Plut., Bomul., 13.— Ly dus, De Mens., i., 20.— De Mag., i., 16.— Niehuhr, Hist, of Rome, i., p. 336.)-4. (Pint., Dionys., 1. c.)— 5. (Sallust, Cat, 6.)— 6. (Fest., s. T. Patres Senatores.- Lyd., De Mens., iv., 50.! —7. (Plut. and Sallust, 1. c— Zonaras, vii., 8.— Suidas, s. t. IIiiT-pi/cioi.)- 8. (Niebuhr, Hist, of Rome, ii., p 224, 225, viM 507.— Cic, Pro C'Ecin., 35.) PATRICII, PATRICII. sense >f the word) were a select body of the pop- ulus 01 patricians, which acted as their represent- ative. The bUighers or patricians consisted ori- ginally of three distinct tribes, which afterward be- came united into the sovereign populus. These tribes had founded settlements upon several of the hills which were subsequently included within the precincts of the city of Rome. Their names were Ramnes, Tities, and Luceres, or Ramnenses, Titien- ses, and Lucereases. Each of these tribes consist ed of ten curiae, and each curia of ten gentes, and of tho same number of decuries, which were establish- ed for representative and military purposes. (Vid. Senatus.) The first tribe, or the Kamnes, were a Latin colony on the Palatine IJill, said to have been founded by Romulus. As long as it stood alone it contained only one hundred gentes, and had a sen- ate of one hundred members. When the Tities, or Sabine settlers on the Quirinal and Viminal Hills, under King Tatius, becEime united with the Ram- nes, the number of gentes, as well as that of sena- tors, was incrcEised to 200. These two tribes, after their union, continued probably for a considerable time to be the patricians of Rome, until the third tribe, the Luceres, which chiefly consisted of Etruscans, who had settled on the Caelian Hill, also became united with the other two as a third tribe. When this settlement was made is not cer- tain : some say that it was in the time of Rom- ulus ;' others, that it took place at a later time.' But the Etruscan settlement was in all probability older than that of the Sabines,^ though it seems occasionally to have received new bands of Etrus- can settlers even as late as after the establishment of the Republic. The amalgamation of these three tribes did not take place at once : the union between Latins and Sabines is ascribed to the reign of Romulus, though it does not appear to have been quite perfect, since the Latins on some occasions claimed a superiority over the Sabines.* The Luceres existed for a long time as a separate tribe without enjoying the same rights as the two other tribes, until Tarquinius Priscus, himself an Etruscan, caused thern to be placed on a footing of equality with the others. For this reason he is said to have increased the number of senators to 300' (compare Senatus), and to have added two vestal virgins to the exist- ing number of four.^ The Luceres, however, are, notwithstanding this equalization, sometimes dis- tinguished from the other tribes by the name patres or patricii minorum gentium ; though this name is also applied to other members of the patricians, !. g., to those plebeian faniilies who were admitted by Tarquinius Priscus into the three tribes, and in comparison with these, the Luceres are again call- ed paires majorum gentium.'' That this distinction between patricii majorum and minorum gentium was kept up in private life at a time when it had no value whatever in a political point of view, is clear from Cicero.' TuUus Hostilius admitted several of the noble gentes of Alba among the pa- tricians (in patres legit),' viz., the Tullii (Juliil), Servilii, Quinctii, Geganii, Curiatii, and Cloelii, to which Dionysius'" adds the gens Metilia. Ancus vlarcius admitted the Tarquinii," Tarquinius Pris- ms the Tullii," Servius TuUius the Octavii.'^ and jven Tarquinius Superbus seems to have had sinii- 1. (Fest., s. V. Cffilius Mons and Luceres. — Varro, De Ling:, jat., IT., p. 17.)— 2. (Tacit., Ann., iv., 65.— Fest., s. t. Tuscum /icum.)— 3. iVid. Gottling, Geschichte der Rom. Staatsv., p. S4.)— 4. (Dionys., ii., p. 123.)— 5. (Dionys., iii., p. 199.— Liy , I., 35.— Cic, De Republ., ii., 20.)— 6. (Dionys., 1. c— Fest., s. v. Sex Testae sacerdotes. — Niebuhf, Hist, of Rome, i., p. 302, &c.) —7. (Compare Niebuhr, i., p. 304, and Gottling, p. 226, ifcc.)— e. (ad Fam., ix., 21.)— 9. (LiT., i.,30.)— 10. (iii., p. 170.)— 11 (Dionys., iii., p. 185.)— 12. (Dionys., iT., p. 208.)— 13. (Sueton., 0<^T.. i., &c.) lar intentions.' We do not hear tha the niunbci of gentes was increased by these admissions, and must therefore suppose that some of them had al- ready become extinct, and that the vacancies which thus arose were fiUed up with these new burghers.' During the time of the Republic, dis- tinguished strangers and wealthy plebeians were occasionally made Roman patriciacs, e. g., Appius Claudius and his gens,' and Domitius jEnobarbus.' As regards the kingly period, the Roman historians speak as if the kings had had the power of raising a gens or an individual to the rank of a patrician ; but it is evident that *i3 king could not do this without the consent of qs senate and the curies ; and hence Livy' makes Canuleius say, " per co-op- tationem in patres, aut ab regibus leoti," which lectio, of course, required the sanction of the body of patricians. In the time of the Republic, such an elevation to the rank of patrician could only 'be granted by the senate and the populus." Since there were no other Roman citizens but the patricians during this period, we cannot speak of any rights or privileges belonging to them exclu- sively ; they are all comprehended under Civitas (Roman) and Gens. Respecting their relations to the kings, see Comitia Cueiata and Senatds. During this early period we can scarcely speak of the patricians as an aristocracy, unless we re- gard their relation to the clients in this light. ( Vid. Cliens.) Second Peri^od : froiri the establishment of the pie- heian order to the time of Constantine. At the time when the plebeians became a distinct class of cit- izens, who shared certain rights with the patricians, the latter lost in so far as these rights no longer belonged to them exclusively. But by far the greater number of rights, and those the most im- portant ones, still remained in the exclusive pos- session of the patricians, who alone were civcs op- timo jure, and were the patres of the nation in the same sense as before. All civil and religious of- fices were in their possession, and they continued, as before, to be the populus, the nation now consist- ing of the populus and the plebes. This distinction, which Livy found in ancient documents,' seems, however, in the course of time, to have fallen into oblivion, so that the historian seems to be scarcely aware of it, and uses populus for the whole body of citizens, including the plebeians. Under the Antonines, the term populus signified all the citi- zens with the exception of the patricii." In their relation to the plebeians or the commonalty, the patricians now were a real aristocracy of birth. A person born of a patrician family was and re- mained a patrician, whether he was rich or poor, whether he was a member of the senate or an eques, or held any of the great offices of the state or not ; there was no power that could make a pa- trician a plebeian. As regards the census, he might, indeed, not belong to the wealthy classes, but his rank remained the same. Instances of reduced patricians in the latter period of the Republic are the father of M. jEmUius Soaurus, and the family of the SuUas previous to the time of the great dic- tator of that name. The only way in which a pa- trician might become a plebeian was when, of hia own accord, he left his gens and curia, gave up the sacra, &c.' A plebeian, on the other hand, or even a stranger, might, as we stated above, be made a patrician by a lex curiata. But this ap- pears to have been done very seldom ; and the 1. (Dionys., It., p. 255.— Sueton., Vitell., 1.)— 2. (GiJtfling, p. 222.)— 3. (LiT., I., 8.— Compare Id.,ii., 16.— Dionys., t., 308. —Sueton., Tib., 1.)— 4. (Suet., Nero, 1.)— 5. (iy., 4.)— 6. (Lit., JT., 4 ; I., 8.)— 7. (xxT., 12.)— 8. (Gains, i., 3.)— 9. (Suet., Oc. tay., 2.— Liv., iy., 16.— Plin., H. N., xyiii., 4.— Zouir., yii., IS — Ascon. Ped. in Scaur., p. 25, et^ Ore 'y. ) 743 PATRICII. PAIRICII. eonsequence was, that in the course of a few cen- turies the number of patrician families becMne so rapidly diminished, that towards the close of the Republic there were not more than fifty such fami- lies.' Julius Csesar, by the lex Cassia, raised sev- eral plebeian families to the rank of patricians, in order that they might be able to continhe to hold the ancient priestly offices which still belonged to their order." Augustus soon found it necessary to do the same by a lex Ssenia.' Other emperors followed these examples : Claudius raised a num- ber of senators, and such persons as were born of illustrious parents, to the rank of patricians ;* Ves- pasian, Titus, and other emperors did the same.' The expression for this act of raising persons to the rank of patricians was in patricios or in familiam ■patriciam adligere. Although the patricians, throughout this whole period, had the character of an aristocracy of birth, yet their political rights were not the same at all times. The first centuries of this period are an almost Uninterrupted struggle between patricians and plebeians, in which the former exerted every means to retain their exclusive rights, but which ended in the establishment of the political equality of the two orders. {Vid. Plebs.) Only a few in- significant priestly offices, and the performance of certain ancient religious rites and ceremonies, re- mained the exclusive privilege of the patricians, of which they were the prouder, as in former days their religious power and significance were the basis of their political superiority.' At the time when the Struggle between patricians and plebeians ceased, a new kind of aristocracy began to arise at Rome, which was partly based upon wealth and partly upon the great offices of the Republic, and the term nobiles was given to all persons whose ancestors had held aiiy of the curule offices. {Com- pare Novi Homines.) This aristocracy of nobiles threw the old patricians, as a body, still more into the shade, though both classes of aristocrats united as far as was possible to monopolize all the great offices of the state ;' but, although the old patri- cians were obliged in many cases to make common cause with the nobiles, yet they could never sup- press the feeling of their own superiority ; and the veneration which historical antiquity alone can be- stow, always distinguished them as individuals from the nobiles. How much weaith gradually gained the upper hand, is seen from the measure adopted about the first Punic war, by which the expenses for the public games were no longer given from the aerariura, but were defrayed by the aediles ; and as their office was the first step to the great offices of the Republic, that measure was a tacit exclusion of the poorer citizens from those offices. Under the emperors the position of the patricians as a body was not improved ; the filling up of the vacancies in their o.der by the emperors began more and more to assume the character of an especial honour, conferred upon a person for his good services or merely for personal distinction, so that Ihe transition from this period to the third had been gradually preparing. Respecting the great pol itical and religious priv- ileges which the patricians at first possessed alone, but afterward were compelled to share with the plebeians, see Plebs, and the articles treating of the several Roman magistracies and priestly of- fices. Compare also Gens, Curia, Senatus. In their dress and appearance the patricians L (Dionys., i., p. 72.)— 2. (Sueton.*, Jul., 41.— Tacit., Annul., »., 25.— Dion Cass., xliii., 47 ; xlv., 2.)— 3. (Taciit., 1. c— Dion Cass., xlix., 43; lii., 42.)— 4. (Tacit., 1. c— Suet., ■ Ot'j., 1.)— 5. (Tacit, Agile, 9.— Capitol., M. Antoa., 1.— Lamprid., Commod., 6.)— 6. (Tti. Ambroach, Studien und Andeutunjen, &c., p. 58, *c.)— 7. (Lir., ixii., 34 ; zxxix., 41.) 744 were scarcer/ distinguished from the rest of tht citizens, unless they were senators, curule magis- trates, or equites, in which case they wore, like others, the ensigns peculiar to these classes. The only thing by which they appear to have been dis- tinguished in their appearance from other citizens, was a peculiar kind of shoes, which covered the whole foot and part of the leg, though they were not as high as the shoes of senators and curule magistrates. These shoes were fastened With four strings {corrigitB or lora patricia), and adorned with a lunula on the top.' Festus" states that mulleus was the name of the shoes worn by the patricians ; but the passage of Varro which he aidduoes only shows that the muljei (shoes of a purple colour) were worn by the curule magistrates.^ Third Period : from the time of Constanline to the Middle Ages. From the time of Constantine the dignity of patricius was a personal title, which con ferred on the person to whom it was granted a very high rank and certain privileges. Hitherto patricians had been only genuine Roman citizens, and the dignity had descended from the father to his children ; but thte new dignity was created at Constantinople, and was hot bestowed on old Ro- man families ; ' butit was given, without any regard to persons, to such men as had for a long time dis- tingijiished themselves by good and faithful services to the Empire or the emperor. This new dignity was not hereditary, but became extinct with' the death of the person on whom it was conferred ; and when, during this period, we read of patrician fami- lies, the meaning is only that the head of such a fam- ily was a patricius.' TTie name patricius, duringthis period, assumed the conventional meaning of father of the empire,* and those who were thus distin- guished occupied the highest rank among the inns' tres ; the consuls alone ranked higher than a pa- tricius.' The titles by which a patricius was dis- tinguished were magnificentia, celsitudo, eminen- tia, and magnitude. They were either engaged in actual service (for they generally held the highest offices in the state, at the court, and in the prov- inces), and were then called patricii prasentalcs, or they had only the title, and were called patricii codicillares or honor arii.'' All of them, however, were distinguished in their appearance and dress from ordinary persons, and seldom appeared before the public otherwise than in a carriage. The em- ptrors were generally very cautious in bestowing this great distinction, though some of the most ar- bitrary despots conferred the honour upon young men, and even on eunuchs. Zeno decreed that no one should be made partricius who had not been consul, praefect, or magister militum.' Justinian^ however, did away with some of these restrictions. The elevation to the rank of patricius v/as testified to the person by a writ called diploma.' This new dignity was not confined to Romans or subjects of the Empire, but was sometimes^ granted to foreign princes, such as Odoacer, the chief of the Heruli, and others. When the popes of Rome had established their authority, they also assumed the right of bestowing the title of patricius on eminent persons and .princes, and many of the German emperors were thus distinguished by the popes. In several of the Germanic kingdoms the sovereigns imitated the Roman emperors and popes by giving to their most distinguished subjects the I. (Senec, De Tranq. An., 11— Plut., Qniest. Eom., '75.— Stat., Sylv., v., 2, 27.— Martial, i , 50 ; ii., 29.)— 2. («. v. Mulleos.) —3. (Compare Dion Cass ,iiiii., 43.)— 4. (Zosim ,ii., 40.^Ca»- siod.,VariBr.,Ti.,2.)-^5. (Amm. Marc, ixix., 2.— Cod. 12, tit \ ll 5i)— 6. (Isidor , IX., 4, 1, 3.— Cod. 3, tit. 24, s. 3 ; 12, tit. 3, a. 3.)— 7. (Cariiod., yiii., 9.— Savaron ad Sidon. Apoll., i., 3.)— 8 (Cod. 3, tit; 24, s. 3.)— 9. (Sidon Apoll., »., 16.— Suidas, k YpnuiiaTtl&iov, — Compare Cassiod., vi., 2 ; viii-. 2L tc.) PATRONUS. PATRONUS, Ijtie of patricius, but these patricii were at all times much lower in rank than the Roman patricii, a ti- tle of which kings and emperors themselves were proud." PATRIMI ET MATRIMI, also called Pitrimes ct Matrimes, were those children whose parents were both alive" (matrimes; called by Dionysius^ i/upida^sZt), in the same Way as pater p^trimus sig- nifies a father whose own father is still alive* Servius," howeva;, confines the term patrimi et matrimi to children born of parents who had been KiarriecJ by the religious ceremony called confarre- atio : it appears probable thatf this is the correct use of the term, and that it was dnly applied: to such children so long ds their parents were alive. We know that the flamines majores -vere obUged to have been born of parents who had been mar- ried by confarreatio ;' and as the children called patnmi et matrimi are almost always mentioned in connexion with religious rites and ceremonies,' the statement of Servius is rendered more proba- ble, since the same reason which confined the of- fice of the flamines majores to those born of pa- rents who had been married by confarreatio, would also apply to the children of such marriages, who would probably be thought more suitable for the service of the gods than the offspring of other mar- riages.^ PATRONOMI (Trarpovofioi.) were magistrates at Sparta, who exercised, as it were, a paternal power over the whole state. Pausanias' says that they were instituted by Cleomenes, who destroyed the power of the yepovaia by establishing patronomi in their place. The yepovaia, however, was not abolished by Cleomenes, as it is again spoken of by Pausanias," and also in inscriptions. The pa- tronomi are mentioned by Philostratus" ' among the principal magistrates along with the gymnasiarchs and ephori ; and their office is also spoken of by Plu- tarch. ' Their number is uncurtain ; but Bockh" has shown that they succeeded to the powers which the ephori formerly possessed, and that the first pa- tronomus was the i-Tum/iu; of the state, that is, gave his name to the year, as the first ephor had former- ly done.'* PATRO'NUS. The act of manumission created tt new relation between the manumissor and the slave, which was analogous to that between father and son. The manumissor became, with respect to the manumitted person, his patronus, and the manu- mitted person became the libertus of the manumis- sor. The word patronus (from pater) indicates the nature of the relation. If the manumissor was a woman, she became patrona ; and the use of this word instead of matrona appears to be explained by the nature of the patronal rights. Viewed with reference to the early ages of Rome, this patronal relation must be considered a part of the ancient clientela ; but from the time of the Twelve Tables at least, which contained legislative provisions gen- erally on the subject of patronal rights, we may consider the relation of patronus and libertus as the same both in the case of patrician and plebeian manumissores. The libertus adopted the gentile name of the manumissor. Cicero's freedman Tiro was called M. TuUius Tiro. The libertus owed respect and gratitude to his patron, and in ancient times the pa- 1. {Rein in Erscli und Grubcr'3 Encyclop., s. v. Patricier.l — tt. (Festus, s. V. Fluninia.) — 3. (ij., 23.) — 4. (Festus, s. v. Pater Patr.)— 5. (ad Virg., Georg., 1, 31.)— 6. (Tae., Ann., iv., 16.— Gains, i., 112.) — 7. (Cic, De Bar. resp., 11. — Liv., xxxvii., 3. — GeU., i., 12.— Tacit., Hist., iT.,-53.— Macrob., Saturn., 6.— Vopisc., Aurel., 19.— OrelU, Insca-.,,nv22.70.)— 8. (Rein, das R8m. PriTatrecht., p. 177. — Gtittling:, Geschichte der Rom. Staatsv., p. 90,)— 9, (ii., 9, i 1.)— 10. (iu., 11,4 2.)— 11. (Vit. ApoU.j iv,, 92.) — 12. (An seni sit resp. ger., c. 24.) — 13. (Corp. Inscrip., xjI I., p 605.)— H (Compare MuUer, Dor., iii., 7, 4 8.) SB tron might punish him in a summary «vay for neg lecting those duties, This obligation extended to the children of the libertus, and the duty was due to the children of the patron. In later times the patron had the power of relegating an ungrateful ireedman to a certain distance from Rome, a law probably passed in the time of Augustus.' In the time of Nero it was proposed to pass a senatus con- sultum which should give a patron the power of reducing his freedman to slavery if he misconduct- ed himself towards his patron. The measure wae not enacted, but this power was given to the patron under the later emperors. The lex ^lia Sentia gave the patron a right of prosecuting his freedinan for ingratitude (ut ingratum accusare"). An ingratus was also called libertus impius, as being deficient in pietas. If the libertus brought an action against the p^ tronus (in jus vocamt), he was himself liable to a special action on the case ;' and he could not, as a general rule, institute a capital charge against his patron. The libertus was bound to support the patron and his children in case of necessity, and to undertake the management of his property and the tutela of his children : if he refused, he was in gratus.* If a slave were the property of several masters, and were manumitted by all of them, and became a Roman citizen, all of them were his patroni. The manumissor could secure to himself farther rights over his libertus by a stipulatio, or by taking an oath from him. The subjects of such agree- ments were gifts from the libertus to the patronus (dona et munera) and services (operm). The oath was not valid unless the person was a libertus when he took it. If, then, he took the oath as a slave, he had to repeat it as a freeman, which seems to be the meaning of the passage of Cicero in whicl('.» he speaks of his freedman Chrysogonus.' These' operse were of two kinds, ofl^ciales, which consisted in respect and affection, and fabriles, which are ex- plained by the term itself. The officiales determined by the death of the patronus, unless there was an agreement to the contrary ; but the fabriles, being of the nature of money ur money's worth, passed to the heredes of the patronus like any other prop- erty. The patronus, when he commanded the opera of his libertus, was said " ei operas indicere or im-. ponere."' The patron could not command any services which were disgraceful (turpes) or dangerous to life, such as prostitution or fighting in the amphitheatre ; but if the libertus exercised any art or calling (drti- ficium), even if he learned it after his manumission, the operae in respect of it were due to the patron. The lex Julia et Papia Poppsa released freedmen (except those who followed the ars ludicra, or hired themselves to fight with beasts) from all obligation as to gifts or operse who had begotten two children and had them in their power, or one child five years old.' If liberty was given directly by a testament, the testator was the manumissor, and his patronal rights would consequently belong to his children : if it was given indirectly, that is, per fideicommissum, the person who performed the act of manumission was the patronus. In those cases where a slave ob- tained his freedom under the senatus consultum Sila- nianum, the praetor could assign him a patronus ; and if this was not done, that person was the patron of whom the libertus had last been the slave.' The patronal rights were somewhat restricted 1. (Tacit., Ann., xiii., 26.— Dion, It., 13.)— 2. (Dig. 40, tit. 9 s. 30.)— 3. (Gains, iv., 46.)— 4. {Dig. 37, tit. 14, s. 19.)— 5 (ad Att.,.vii., 2.— Compare Dig. 38,'tit. 1, s. 7.)— 6. (Gains, iv.; 169 —Dig. 38, tit. 2, s. 29.)— 7. (Dig:. 38, tit. 1 : De Operis Liberto mm, ». 37.)— 8. (Dig. 38, tit. 16, s. 3 ) 745 ATRONUS. PATRONS S. when the act uf manumission was not altogetiiW the free act of the manumissor. For instance, the manumissor per fideicommissum had all the patronal rights, except the power to prosecute for ingratus, the right to be supported by the libertus, and to stipulate for munera and operse : his rights against the property of the libertus were, however, the same as those of any other manumissor.' If a slave had given money to another person in order that this other person might purchase and manumit him, the manumissor had no patronal right, and he lost even the name of patron, if he refused to per- form the act for which he had received the money, and allowed the slave to compel him to perform his agreement, which the slave could do by a constitu- tion of M. Aurelius and L. Verus.' If a master manumitted bis slave in consideration of a sum of money, he retained all patronal rights, but he could not stipulate for operae. A person who purchased a slave, and on the occasion of the purchase agreed to manumit him, had all patronal rights except the right of prosecuting for ingratitude in case the slave compelled him to manumit pursuant to the constitu- tion of M. Aurelius and L. Verus.' It was the duty of the patron to support his freed- man in case of necessity, and if he did not, he lost his patronal rights : the consequence was the same 'f he brought a capital charge against him. The f X ^lia Sentia, among its various provisions, con- tained several that related to the rights and duties of the patron. A capitis diminutio, either of the patron or the libertus, dissolved the relation between them. (See Tacit., Hist., ii., 92, where "jura libertorum" means "jura patronorum" or "jura in libertos.") The re- lation was dissolved when the libertus obtained in- genuitas by the nataliuui restitutio, but not when he merely obtained the jus aureorum annulorum. {Yid. iNOENuns.) The most important of the patronal rights related to the property of liberti who died intestate or hav- ing made a testament. The subject, so far as concerns the Ante-Justinian period, may be distributed under the two following heads: 1. The ordinary rules of law, and, 2. the extraordinary : the former comprehend the rules of the old civil law, and the edict on the bonorum pos- sessio ; and the latter, the bonorum possessio con- tra tabulas liberti and contra suos non naturales, the bonorum possessio contra tabulas libertae, and the right to a virilis pars which was given by the lex Papia Popp^a. By the law of the Twelve Tables, if a freedman died intestate without sui heredes, the patronus was his heir. This right was viewed as a right of agnation. The legitima patronorum tutela was not expressly mentioned in the Twelve Tables, but it was a legal consequence of the rule as to inherit- ance.' In the case of an intestate liberta, who could not have a suus heres, the patron was heres. The senatus consultum Orfitianum, which was passed after Gaius wrote,' and in the last year but one of the reign of M. Aurelius, made an alteration in this respect. The passage of Ulpian,' which , ,was written when this senatus consultum was in force, says that, if a liberta died intestate, the pa- tron succeeded to her property, because a mother could not have sui heredes; yet Ulpian himself says that, whether the mother was ingenua or liber- tina, the children could succeed to her inheritance by the senatus consultum Orfitianum. This appa- rent contradiction is removed by the supposition that 1. (Frag. Viit., 1) 225.— Diff. 3S, tit. 2, s. 29.)— 2. (Dig. 40, tit J, 8..4, 5.)— 3. (Dig. 40, tit. 9, s. 30.)— 4. (Ulp., Frag., xi., 3.)— S. (ui.,Sl.) — 6. (Frag., mix., 2.)— 7. (lib. 12, ad Sabinujn.— Dig. 38, tii 17, s. 1.) 746 the senatus cvinsultum gave the ch Idren in such CS' ses an equal right with the patron. These patronal rights belonged both to a patronus and a patrona, and to the liberi of a patronus.' The male children of the patronus had the same rights as the patronus himself; but the females had only the rights which the Twelve Tables gave to the males, and they had not the bonorum possessio contra tabulas testament! liberti aut ab intestato contra suos heredes non naturales, until these rights were given them by the lex Papia Poppasa.' A dif- ficulty which is raised by a passage in Justinian's legislation on the patronal rights is discussed by Unterholzner.' It seems that the children of a pa- trona had not, by the Twelve Tables, the same rights as the children of a patronus ; but the lex Papia Poppsea probably made some change in this re- spect.* In order that these patronal rights should exist, it was necessary that the libertus must have been made free by a Roman citizen, and have become a Roman citizen by the act of manumission Ac- cordingly, if a person obtained the citizenship, it was necessary that he should have a special grant of the jus patronatus in order that he might have patronal rights against his then freedmen, who musi also, at the same time, become Roman citizens.* A capitis diminutio, as already observed, either of the patron or the libertus, destroyed the patronal rights to the inheritance.* If there were several patroni or patronse, they divided the inheritance equally, though their shares in the libertus when a slave might have been un- equal. These patronal rights resembled a joint- tenancy in English law, for the surviver or survi- vors of the patroni had all the patronal rights to the exclusion of any children of a deceased patronus. A son of a patron also claimed the inheritance to the exclusion of the grandson of a patron. If the patroni were all dead, leaving several children, the hereditas was divided among all the children equal- ly (m capita), pursuant to the law of succession in the case of agnation.' A senatus consultum, which was passed in the time of Claudius, allowed a patron to assign his patronal rights to the inheritance of a libertus to any of his children whom he had in his power, to the exclusion of the rest.' The Edict extended the bonorum possessio to patroni. The patronal rights of the civil law were founded on an assumed agnatic: those of the Edict were founded on an assumed cognatio. The Edict called to the bonorum possessio of liberti, 1. theu' children ; 3. their heredes legitimi ; 3. their cogna- ti, who must, of course, be descendants ; 4. the familia of the patronus ; 5. the patronus and pa- trona, and their children and parents, by which provision was made in case the patronus or patrona had sustained a capitis diminutio, and so could not be called in the fourth order; 6. the husband or wife of the freedwoman or freedman ; 7. the cngna ti of the manumissor. Originally, if the freedman made a will, h ) could pass over (jpralerire) the patron. But by the Edict, unless he left him as much as one half of his prop- erty, the patron or his male children could obtain the bonorum possessio contra tabulas of one half of the property. If the libertus died intestate, leaving no suus heres except an adopted child, or a wife in manu, or a nurus in the manus of his son, the patron had a bonorum possessio of one half against these sui heredes. But if the libertus had children of hia I. (Ulp., Tns., xxvii.)— 2. (Ulp., Frag., xxix., 4, ■>.)- 3. (Zeit sohrift, v., p. 31)— 4. (Zeit8chrift,v.,p.43, (fco.)— 5. (Plin.,Ep I., 6.)— 6. (Gaius.iii., 51.) — 7. (Gaim, iii., 16, SB, &c.)- « (Dig. 38, tit. 4.) PATRONUS. PAUPERIJSS. wn hlooi {naturales) either in his power at the vime ' of his death, or emancipated, or given in adoption, and if these children were made heredes by his testament, or, being prseteriti, claimed the bonorum possessio contra tabulas, the patron had no claim on the freedman's property. The patron was not excluded if the children of the freedman were exheredated. By the lex Papia Poppaea, if a freedman had a property amounting to a hundred thousand sestertii and fewer than three children, the patronas had an equal share {virilis pars) with the children, whether the freedman died testate or intestate ; and a pa- trona ingenua who had three children enjoyed the same privilege. Before the lex Papia, patronae had only the rights which the Twelve Tables gave them ; but this lex put ingenuae patronae who had two chil- dren, and libertinae patronae who had three children, on the same footing with respect to the bonorum possessio contra tabulas, and with respect to an adopted son, a wife in manu, or a nurus in raanu filii, as the edict had placed patroni. The lex did the same for daughters of the patronus who had three children. The lex also gave to a patrona in- genua, but not to a libertina, who had three children, the same rights that it gave to a patronus. According to the old law, as the liberta was in the legitima tutela of her patron, she could make no disposition of her property without his consent (pa- trono auctore). The lex Papia freed a liberta from this tutela if she had four children, and she could, consequently, then make a will without the consent of her patronus, but the law provided that the pa- tronus should have an equal share with her survi- ving children. In the case of a liberta dying intestate, the lex Papia gave no farther rights to a patrona who had children (liberis /ionora(eo?rit , vii^ 4* 128.) PEGMA. PELLIS. to lescue them when they were in want of assist- ance.' The accompanying woodcut is taken from a painting found at Civita Vecchia." It shows the crook in the hand of a shepherdess, who sits upon a rock, tending sheep and other cattle, (See also TiOdCUt to OsOILLUM.) The herdsman alsoi used a crookj but less curved, with a heavy head, and hence called naWavpoij) ; he threw it at any of the herd which strayed from the rest.' On account of its connexion with pastoral life, the crook is continually seen in works of ancient art in the hands of Pan,* and of satyrs, fauns, and shepherds. It was also the usual attribute of Tha- lia, as the muse of pastoral poetry.' *PEG'ANON (TT^yai/ov), the herb Eue. The two species described by Dioscorides are, in all proba- bility, the Ruta montana and hortensis, the Mountain and Garden Rue. Linn^us named the former the Peganum harmala. Schneider thinks that the itij- yavov of Theophrastus applies to the Ruta graveo- Uns and montana.^ PEGMA (TTTiyiia), a Pageant, i. c, an edifice of wood, consisting of two or more stages {tabulata),. which were raised or depressed at pleasure by means of balance-weights (ponderilms reductis''). These great machines were used in the Roman amphithe- atres,' the gladiators who fought upon them being called pegmares." They were supported upon wheels, so as to be drawn into the circus, glittering with silver and a profusion of wealth." At other times they, exhibited a magnificent though danger- ous" display of fireworks." Accidents sometimes happened to the musicians and other performers who were carried upon them.'^ When Vespasian and Titus celebrated their triumph over the Jews, the procession included pageants of extraordinary magnitude and splendour, consisting of three or four stages above one another, hung with rich tapestry, and inlaid with ivory and gold. By the aid of vari- ous contrivances, they represented battles and their numerous incidents, and the attack and defence of the cities of Judaea.'* The pageant was ?lso used in sacrifices. A bull having been slain on one of the stages, the high- priest placed himself below, in a cavern, so as to re- ceive the blood upon his person and his garments, and in this state he was produced by the flamines beifore the worshippers. '* The pegmala mentioned by Cicero" may have been movable bookcases. i. (Virg., Buc., v., 88. — Servius ad loc. — Festus, s. v.) — 2. (Ant. (I'Ercolano, t. iii., tov. 53.)— 3. (Horn., II., xxiii., 844-846. — Eustath. ad loc— ApoU. Rhod.. .»., 974.)— 4. (Sil. Ital., Pun., xiii., 334.) — 5. (Combe, Anc. Marbles cf Br. Museum, part iii., pi. 5.)— 6.' (Theophrast.j.H. P., i., 3 — Adams, Append;, s. v.) — 7. (Claudian, De Mallii Theod. Cons., 323-328. — Sei>., Epist., 89.)— 8. (Jliv., iv., IVl.— Mart., i., 2, 2.— Sueton., ClauJ., 34.)— 9. (Calig.,26.)— 10. (flin., H. N., xxxiii.,' 3, s. 16.)— 11. iVitvitc., Carin., 15.) — 12. (Claudian, 1. c.) — 13. (Phadr., v , 7, T )"— 14. (Joseph., Bell. Jud., vii., 24.)— 15. (I'li-diiat., Periiteph, .^om Mart., 1008-1052.)- 16 (ad Att., iv., 8.) ♦PE'LAMYS (ff^^o/iwr), a species of Scomber oi Thunny. According to Pallas, the mj^a/ik men- tioned by Strabo as a fish of the Black Sea, is the Mugil cephaius, Linn. A species of n^T^a/ivi is at the present day denominated Palymede by the fish- ermen at Marseilles. Tue adpSa was a pickle made from the laiXap)^.^ ^ *PELARGUS (TTsXap-yoi), the common Stork, or Ciconia alba, Belon, the same as the Ardea Ciconia. L. Aristotle errs in making the Stork a hyberna- ting bird. .iElian and Pliny state, more correctly, that it migrates like the Crane. (Vid. Ciooni.i.)" PELA'TAI (mUrai) are defined by Pollux' and other authorities to be free labourers working for hirOj like the iJ^ref, in contradistinction to the He- lots and Penestae, who were bondsmen or serfs, having lost their freedom by conquest or otherwise. Aristotle* thus connects their name with izeAac : TleTidtai., he says, from mAof, olov lyyiara 6id nevt- av 'KpooievTeg : i. e., persons who are obliged by poverty to attach themselves to others. Timaeus' gives the same explanation : TleKdrriQ, 6 avrl rpoi^av vinipeTuv Kal Trpooire^afuv. In the later Greek wri- ters, such as Dionysius of Halicarnassus and Plu- tarch, the word is used for the Latin cliens, though the relations expressed by the two terms are by no mean^ similar. Plutarch' also uses the word rath- er loosely for Helots; and we are told of a nation of lUyrians (the Ardiaei) who possessed 300,000 pros- pelatas, compared by Theopompus' with the Helots of Laoonia.' •PEL'ECAN {TreleKdv), the Pelican, called also, in Greek, we^CKivoc. It is the Onocrotalus of Pliuy, and hence its scientific name of Pelecanus Onocrota- lus. The Greek name is derived from the axiv shaped bill of the bird {mTieicv;, " an axe").' *PELECI'NUS (,mleiclvog), a plant, which Stack- house and Sprengel refer to the Coronilla securida- ca, or Joint-plodded Colutea. Dioscorides enumer ates the TreAeKivof among the synonymes cf the Hedysarum (T/Siaapov).^' ^11. {ir^XeKivo;), a plant, the Biserrula Pelccinui Stackhouse, however, makes it the same with the preceding." *PELEIAS (Keleidc), the Rock Dove or Stock Pigeon, the Columba livia, Brisson. It is particu larly timid, and hence Homer gives it the epithet of Tp^puv." PELLEX. (Vid. CoNcnBiNA, Roman.) . PELLIS (Sipfta, Sopd), the hide or skin of a quad- ruped. Before weaving was introduced into Europe, there is reason to believe that its inhabitants were universally clothed in skins. The practice contin- ued among the less civilized nations," and is often ascribed by tbe poets to heroes and imaginary be- ings. The following is an enumeration of the skins which were thus employed either in fiction or in real life: 1. The lion's skin (llEoxriy). The story of the Nemean lion may have been founded in fact. The existence of these animals in Northern Greece, Thessaly, and Macedonia, is attested by Herodotus'* and Aristotle ;'* and that they were comparatively abundant in Asia Minor is manifest from the de- scriptions in the Homeric poems. Hence Agamem- non, preparing to walk out from his tent by night, puts on, instead of a blanket {vid. Pallium), the bide of a great lion, while Menelaus clothes himself 1. (JE]i!m, ,N. A,, xv., 10.— Aristotle, H. A., v., 9.)— 2. (Arii- tot., H, A,,.viii., 5.— Adams, Append., s. v.) — 3. (iii., 82.) — 4 (ap. Phot., s. V. ncXdrtti.)— 5. (Lex. Plat., s. v.)— 6. (Ages., c 6.)— 7. (ap. Ath., vi., 271,, d., e.)—8. (MuUer, Dor., iii., 4, « 7 — Wachsmutli, I., !., p. 322.)— 9. (Aristot., H. A., viii., 14.— Id. ib.. ii., 11.)— 10, (Theophrost.,!!. P., ix., 13.— Adams, Append- s. V.)— 11. (Ti.eopnrast., H.P., Viii., 8 )--^13. (HoBi-i: U., xxii., 140.— Adams, Append.j s v.)— 13. (Virg , Georg., iii., 383.— -Tv cit.. Germ., 17, 46.— Ovid, Tiist., iii., 10, 19.)— 14. (vii., IS&l —15. (H. A., vi., SI.) 749 PELLIS. I'EI.TA. L-i that of a leopard.' For this purpose the claws Cf the lion were carefully retained, and sometimes covered with thin plates of gold.= The manner of wearing the skin is described in the article Arma, p. 93.^ 2. The skin of the tigress was worn in the same manner as the lion's, covering the back from head to foot,* and with the claws gilded." 3. The leopard's or panther's skin {irapda?.^) is represented in the Iliad as worn, not only by Menelaus as above quoted, but by Paris, who adorns himself with it in the day, and in sight of the two armies,^ It is also attributed to Jason.' It was greatly admired on account of its spots, and was thrown over the left shoulder like a pallium.' ( Vid. Dionysia, p. 365.) The high-priest of the Egyptians wore a leopard's skin on grand occasions." 4. Pan wore the skin of the lynx.'° 5. The wolfskin (XvKij) seems to con- stitute the dress of Amphiaraus, who is the middle figure in the woodcut at p. 719. It was adopted as a defence from the nightly cold by Dolon." 6. The foxskin is attributed only to barbarous nations, such as the Scythffi." 7. The ermine derives. its name from Armenia, with which country the an- cients, especially the lonians, carried on a trade in furs. Ermine skins were greatly admired for their delicacy and softness, and were taken to Persia to make robes for the grandees by being sevted to- gether." 8. The dogskin, worn by Pan over his left side.'* (.Vid. Nebeis.) 9. The bear's skin was constantly worn instead of the blanket (.xKalva) by Ancffius, one of the Argonauts." 10. The bull's hide was employed in like manner {yid. Aema, p. 93), especially that of the young bull (juvencus'-'). 11. The goatskin (aiyif, vdxof) is mentioned, not only as the attribute of divine and mythological be- ings" (vid. .iEgis), but as the common clothing of the goatherd" and the labouring man." Neverthe- less, the language of Varro"" implies that his coun- trymen had ceased to clothe themselves in goat- skins, which were abandoned to the less refined in- habitants of Getulia and Sardinia. The uncouth goatskin garment of the Sardinians was called tnaslruca. The term aiavpa or acaipva denoted an article of domestic furniture, which was made by sewing together several goatskins with the hair on." 13. The sheepskin {b}a, vukoq, SKjiBipa) was worn not only by the Lacedaemonian Helots, but fre- quently by the laborious poor, as is still the case in many parts of Europe. The lambskin was called apvaxi;, and a dress, supposed to have had a sheep- skin sewed to it below, /caruva/o/. The preceding statement shows that, as civiliza- tion advanced among the Greeks and Romans, the use of hides for clothing was gradually abandoned, the pallium or blanket being substituted for them, and worn very much after the same fashion. Skins, however, continued to be used as coverings for beds and couches,'" and as clothing for slaves and the poor, especially in the country. The northern nations of Europe retained the use of them in the highest ranks of society"^ {pellita Getarum curia'*), while the Greeks and Romans constantly regarded it as a sign of rusticity and savage barbarism to be so clothed. Hence it was matter of censure and indignation when Rulinus, prime minister of the 1 {II., X., 22-30.)— 2. (Virg., jEn., viii., 553.)— 3. (Compare Diod. Sic, i., 24 i XYJ., 44.— Vir?., JEil., viii., 177; ix., 306.)— 4 (Vire., JEa., ri., 577.)— 5. (Claudian, De Rapt. Proserp., i., 16-I8.)-^6. (II., iii., 17.)-7. (Find., Pyth., iv., 81.)-8. (Virg., .ffin., Tiii., 460.)- 9. (Willdnaoii, Man. and Oust., vol. i., p. 279.) —10. (Horn., Hymn, in Pana, 23, 24.)— 11. (Horn., II , x., 334, 459.— Schol. in II., iii., 17.)-12. (Sen., Epist., 91.)-13. (^lian, H A ivii., 17.— Sen., 1. o. — Justin, ii., 2, 9.— Amm. Marcoll., ncn.i'3.)— 14. (Sil. Ital., Pan., xiii., 329-335.)-15. (Oipheas, Armm., 201. 202.— Compare Virg., JEn., v., 37.)— 16. (JEn., xi., erft)— 17. (Sil. Ital.,1 c.)— 18. (Theocrit., vii., 15.)— 19. (Virg., Moret, 22.) — 20. (De Re Rust., ii., sub fin.) — 21. (Schol. m Ar*oph., Avea, 122.) -22. (Theocrit., v., 2-13, 50-58.) -23. BCt., 11. CO.)— 84. (Claudian, Bell. Get., 481.) 750 Emperor Honorius, first occupied the seat of jus tice.in a furred robe (mcerent captives pelliio judic leges^). Nevertheless, the taste which now pre- vails for the beautiful furs of the north of Europe and Asia, as is shown by Mr. Aikin in his admira ble essay on this subject," made at this time a rapid progress throughout the Roman Empire. *PELO'RIAS (ntKapiag or -if), "a tesiaceom fish, of the genus Chaura. Athenaus says it is so called from i^eWupio^, as indicating its great size Gasaubon, however, contends that the name is de rived from Pelorus, the Sicilian promontory. Its French name is Pelourde." PELTA (TriTiTJi), a small Shield. Iphicrates, ob serving that the ancient Cljpsus was cumbrous and inconvenient, introduced among the Greeks a much smaller and lighter shield, from which those wh< bore it took the name oi peltasta.^ {Vid. Akma, p 94 ; Army, p. 99.) It cpnsisted principally of ii frame of wood or wickerwork,* covered with skin or leather, without the metallic rim. ( Vid. Antyx.)' Light and small shields of a great variety of shapes were used by numerous nations before the adoption of them by the Greeks. The round target (md Cetra) was a species of the pelta, so that the an cient Spaniards were all, as Strabo siays,' peltastse. The pelta is also said to have been quadrangijlar.' The Mosy noeci, on the southern shore of the Euxinc Sea, used peltse (yipfia) made of the hides of white oxen with the hair on, and in shape resembling an ivy-leaf A light shield of similar construction was part of the national armour of Thrace" and of various parts of Asia, and was, on this account, at- tributed to the Amazons, in whose hands it appears on the works of ancient art sometimes elliptic, aa in the bronzes of Siris (woodcut, p. 598), and at other times variously sinuated on the margin, but most commonly with a semicircular indentation on one side {lunaiis pellis"). An elegant form of the pelta is exhibited in the annexed woodcut, taken from a sepulchral urn in the Capitoline Museum at Rome, and representing Penthesilea, queen of the Amazons, in the act of ofiering aid to Priam. Notwithstanding the general absence of metal, the pelta was sometimes ornamented." That borne 1. (Claudian in Rnfin., ii., 82-86)— 2. (Illustrations of Ar« and Manufactures, Lond., 1841, p. 130, 131.) — 3. (Diod. Sic, XV., 44.— Corn. Ncp., Iphic, i., 3.)— 4. (Xen., Anab., ii., 1, « n.> —5. (TimKiis, Lex. Plat., s. v.) — 6. (iii., 3, p. 436, ed. Siebe^ kees.)— 7. (Schol. in Thucyd., ii., 29.)— 8. (Xen., Anab., 4, 1) 12. — Plin., H. N., iii., 5, 11.) —9. (Thucyd., ii., 29. — Eurip., Al- cest., 516.— Id. Bhes., 407.— Max. Tyr., Diss., vii.)— 10. (V;«g , JEn., i., 490 : li 663.1—11 (Virg.. aiii.. vii., 743.) PENTATHLON. PENTATHLON. by Telamon in the attack on the Calydonian boar was adorned with a golden eagle.' *PE'NELOPS (7n;vao^), the Anas Penelopa, or Widgeon. (Vid. An is.) PENE'STAI (neveaTai), probably from trivsaBac, operari.' The Penestae of Thessaly are generally conceived to have stood in nearly the same relation to their Thessalian lords as the Helots of Laconia did to the Dorian Spartans, although their condition seems to have been, on the whole, superior.^ They were the descendants of the old Pelasgic or yEolian inhabitants of Thessaly proper, and the following account is given of them by an author called Ar- ehemachus, in his Euboica.* "The jEolian Bceo- tians who did not emigrate when their country, Thessaly, was conquered by the Thessalians,* sur- rendered themselves to the victors on condition that they should not be carried out of the country (whence, he adds, they were formerly called Mivea- rat, but afterward Ueviarai) nor be put to death, but should cultivate the land for the new owners of the soil, paying, by way of rent, a portion of the produce of it : and many of them are richer than their masters." They were also called A(irp«f. It appears, then, that they occupied an intermediate position between freemen and purchased slaves, being reduced to servitude by conquest, and resem- bling, in their fixed payments, the 'ExTTj/iopwi of Attica. Moreover, they were not subject to the whole community, but belonged to particular houses, whence also they were called OeaaaJioiKirai. They were very numerous, for instance, in the families of the Aleuadae and Scopada;.' We may add, that among the Thessalian Penestae Theopompus in- cludes the descendants of the conquered Magnesians and Perrhaebians,' a statement which can only ap- ply to a part of these nations, as, though reduced to dependance, they were not made entirely subject.' From a passage in Demosthenes,' it appears that the Penestae sometimes accompanied their masters to battle, and fought on horseback, as their knights or vassals : a circumstance which need not excite surprise, as Thessaly was so famous for cavalry. The Penestae of Thessaly also resembled the Laco- nian Helots in another respect, for they often rose up in arms against their lords.'" There were Pe- nestae among the Macedonians also." PENETRA'LE. {Vid. Templum.) *PE'NIA (TD/vt'o), an insect noticed by Aristotle, which Schneider suggests may have been the Pha- lana geometrica.^^ PENICILLUS. (Vid. Painting, p. 702.) PENTACOSIOMEDIMNL (Vid. Census.) PENTALTTHOS (nevTuXi.eoi). (Vid. Gymna- «1DM, p. 483.) *PENTAPHYLL0N (nevTaipvTAov). " We may be certain," says Adams, " that we are not far from the truth in setting this down for the Tormcntilla ojifinalis, or common Tormentil, although the re- semblance between it and its cognate genus, the Po- tentilla, be so great, that, in all probability, the an- cients sometimes applied the same name to both." PENTATHLON (vhraB/lov, quinqueriium) was, next to the pancratium, the most beautiful of all athletic performances.'* It does not appear to have been known in the heroic ages of Greece, although Apollodorus," according to the usual practice of la- ter times, describes Perseus as killing Acrisius in 1. (Euiip, Melea?. Fr., 3.)— 2. (Dionys. Hal., ii., 9.) — 3. tPIat., Le^., vi., p. 776.)— 4. (Athen., vi., p. 264.)— 5. (Compare Tiucyd., i., 12.)— 6. (Theoc, lyi., 35.— Muller, Dor., iii., 4, 6.) -7. (Athen., vi., p. 265.)— 8. (Herorl., vlii., 132.— MUUer, 1. c.) —9. (0. Arise., 687, 1.)— 10. (Aristot., Pol., ii., 6.)— 11. (Muller, tc. — Wachsmnth, I., i., 168. — Thirlwal], Hist, of Greece,!., 437.— Clinton, Fast. Hell., App., o. 22.)— 12. (Aristot., H. A., v., 17.)— 13. (Theophrast., H. P., ix., 13.— Dioscor., ir., 42.— Adams, Append., s. r.)— 14. (HsraA., iz., 33.— Pans., iii., 11, 6.)— 15. (ii,4,«4.) the pentathlon, and although its invention was ai tributed to Peleus.' These accounts are fabulous ■ the pentathlon was not practised until the tims when the great national games of Greece began t^ flourish. The persons engaged in it were called pentathli (irivradXat'). The pentathlon consisted of five distinct kinds of games, viz., leaping (li'/./ia), footrace (Sp6/j.o;), the throwing of the discus (dca/iof), the throwing of the spear (aiyvvvoc or anovntn), and wrestling (vra/lj;),' which were all performed in one day and in a certain order, one after the other, by the same athleta;,* The pentathlon was intro- duced in the Olympic games in 01. 18, and we may presume that soon after this it was also introduced at the other national games, as well as at some of the less important festivals, such as the Erotidia in Thespiae.' The order in which the different games of the pentathlon followed one another has been the sub- ject of much discussion in modern times. The most probable opinion, however, is Bockh's,' which has been adopted by Dissen, Krause, and others, although G. Hermann has combated it in a little work called De Sogenis JEginetiB victoria quinguert., Lipsiae, 1822. The order adopted by Bockh is as follows : 1. The u^/ia. This was the most promi- nent .part of the pentathlon, and was sometimes used to designate the whole game. It was accom- panied by flute-music' Other writers, as Pausa- nias himself,' and Plutarch,' speak as if the whole pentathlon had been accompanied by the flute, but in these passages the whole game seems to be men- tioned instead of that particular one which formed the chief part of it. 2. The footrace. 3. The dis- cus. 4. The throwing of the spear. 5. Wrestling. In later times, probably after 01. 77, the footrace may have been the fourth game instead of the sec- ond, so that the three games which gave to the pentathlon its peculiar character, viz., leaping, dis- cus, and the spear, preceded the footrace and ivresc- ling, and thus formed the so-called rpiayfto^. The footrace of the pentathlon was probably the simple stadion or the diaulos, and not a race in armour, as has been supposed by some ; for the statues of the victors in the pentathlon are never seen with a shield, but only with the halteres ; besides which, it should be remembered that the race in armour was not introduced at Olympia until 01. 65,'° while the pentathlon had been performed long before that time. It is, moreover, highly improbable that even after 01. 65 the race in armour should have formed a part of the pentathlon. In 01. 38 the pentathlon for boys was introduced at Olympia, but it was only exhibited this one time, and afterward abolished." In leaping, racing, and in throwing the discus or spear, it was easy enough to decide who won the victory, even if several athletes took part in it and contended for the prize simultaneously. In wrest- ling, however, no more than two persons could be engaged together at a time, and it is not clear how the victory was decided if there were several pairs of wrestlers. The arrangement probably was, that if a man had conquered his antagonist, he might be- gin a fresh contest with a second, third, &o., and he who thus conquered the greatest number of adver- saries was the victor. It is difficult to conceive in what manner the prize was awarded to the victor in the whole pentathlon ; for an athletae might be con- quered in one or two games and be victorious in the others, whereas it can have occurred but seldom 1. (Schol. ad Pind., Nem., vii., 11.) — 2. (Herod., ix., 75.- Paus., i., 39, ^ 4.) — 3. (Schol. ad Flat., Amat., p. 135. — Simoni* des in Anthol. Palat., torn, ii., p. 626, ed. Jacobs.)— 4. (SchoL ad Soph., El., 691.— Pans., iii., 11, « 6.)- 5. (Bilckh, Cor. Inscr., n. 1590.)— 6. (Comment, ad Find., Nem., tii., 7), ici) were detached from Sparta by T. Quintiusi Plamininus, and placed under the protection of the Achaian league.' Subsequently to this the Emper- or Augustus released 24 towns from their subjection '.o Sparta, and formed them into separate oommu- lities, under laws of their own. They were conse- luently called Eleuthero-Lacones." But, even in he time of Pausanias, some of the. Laconian towns were not avTovofioi, but dependant upon Sparta mvTeXovaat ic SirdpTi;K). A class Of Perioeci, and also of Helots, has been said by Miiller to be the basis of the Dorian form of government : we may therefore expect to find Perioeci among other Dorian communities as well as at Sparta, asi for instance, Elis and Argos, and the Boeotian Thebes : the dependant towns of which states for led s^arate communities, as Thespiae dnder Thebes, the Triphylian cities in Elis, and Orneae under Argos, though they could not be call- ed amovofiat.'' From the last-mentioned town, which was long independent, but reduced about B.C.-580, all the Argive Perioeci derived their name v{ Grneatae. About the time of the Persian war, Aowever, the inhabitants of the towns surrounding Argos were received into the city as mvoiKoi, and admitted to the rights of citizenship : a change which was attended with a revolution in the con- stitution of Argos, and gave additional force to its democracy.? The Dorian cities of Crete also had their Perioebi,' as well as the colonies ofCyreneand Thera.'° The Perioeci of antiquity have been compared to other bodies, such as the plebs of i Rome, and the communities of the Athenian demi or parishes. But the only resemblance they bore to the latter was in the similarity of their position relative to the chief city of their country, nor did the former body stand in the same relation to the patricians as the Laconian provincials did to the Spartan citi- eens. Modern history furnishes fitter objects of comparison in the Norman conquest of England and the city of Augsburg.'' The burghers or free citizens of Augsburg lived in the city, while there grew up about them a distinct andlarge community living without the city, chiefly formed of the eman- cipated vassals of the' dominant class, and called " Pfahlbijrger," or citizens of the '^ pale," the sub- (. (Thucyd., iv., 53,; yii., 67.) — 2. (Slrabo, p. 364.) — 3. Pau8.,iii.,22,«5.)— 4. (lie.)- 5. (MuUer, iii., 2, 5 1.— Liv., miv., 29 and 30 ; xxxviii., 31.) ^ 6. (Pans., iii., 21, « 6) ^ 7. (Wachs., I., i., p. 161.)— 8. (Miiller, iii., 4, « 2.)— 9. (Arist., Pol., ii., 7.)— 10. v'Kerod., iv., 161.)— 11. (Arnold, Thuoyd., vol. t., App. 1 and 2.) urbs in which they lived being surrounded bypak sades. The Norman conquest of England present* A striking parallel to the Dorian conquest of Laco- nia, both in its achievement and consequences. The Saxons, like the old Achaians, were deprived of their lands, excluded from all offices of trust and dignity, and reduced, though personally free, to a state of political slavery. The Normans, on the contrary, of whatever rank in their own country, were all nobles and warriors compared with the conquered Saxons, and for a long time enjoyed ex- clusively theicivil and ecclesiastical administration ofthelandi. For farther details, see Arnold, Thucyd., lib. i., e 101, and Appendix ii. — Thierry, Histoire de la Gon- guete de I'Angleterre par ies Normands, livres iv.-vii. PERIP'OLOL (Viid.:EpHEBns, p. 406.) ' PERI'SOELIS (7rE/)iff/celif').. Much controversy has arisen with regard to the true meaning of this word. The. etymology points out merely that it was somethingMWorn round the. leg (?rfpt ir/tcXof), but from the context' of the passage in Horace where it is' found, we must at oncei infer that it was a trinket. The scholiast lexplains it as " ernament- mm pedis'tircum crura" and'hence we can scarcely doubt that it denotes an anklet or bangle, especial- ly since we know that thfese: were commonly worn not only by the Orientals, the Bgyptiansj and the Greeks, but by the Roman ladies also.' This ex- planation perfectly accords with the expressions of TertuUian,' where the periscelium is spoken of as decorating the leg in the same manner as the brace- let adorns the wrist and the necklace the throat. The anklet is frequently represented in the paint- ings of Greek figures on the walls of Pompeii, as in the following representation of a Nereid.* It must be observed, however, that the Greek lexicographers Hesychius, Photius, and Suidas in- terpret Trepitf/ce/l,^ and irepi.aiieXi.a by jipanKia, t^efuvw- Ma, and St. Jerome (Epist. ad Fabiol.) expressly states that the Greek nepiaKsTifj were the same with the Latin /emt'Mafta,' that is, drawers reaching from the navel to the knees. In the Septuagint we find irepiBKt%ig (sc. IvSv/xa)' in Exod., xxviii., 43, xxxix., 28, Levit., vi., 10, and Trtpi&Ki%tov in Levit., xvi., 4, which our translators uniformly render, and apparently with accuracy, linen breeches. *PERIST'.ERA {wepiaTBpa), a term often applied indiscriminately to the different species and varie- ties of the genus Columba, but more especially ap- plicable to the C. domestica, or Domestic Pigeon.' *PERISTEREON {wepLcrepeuv), the Verbena of- ficinalis, or Vervain.' PERISTRO'MA. (^rf. Tapes, Vklum.) PERISTY'LIUM. (Vid. Hoose, Roman, p. 517.) PERJU'RIUM. (Vid. Oath, Roman, p. 671.) 1, (Long., Past., i., 2.— Mennnder ap. PpUuc, Ovoiv li jl'J, v., 100. — Hot., Ep., I., xvii., J6. — Petron:, 67.) —2. (Plin., H. N., xxxiii., 3, s. 12. — Compare Wilkinson's Anc- Egyp., vol. iii.,p. 374.) — 3. (De Cultu Feir.qn., ii., sub fin.)— 4. (MllHt Borbon., torn, vi., tav. xxxiv.) — 5.' (Adams, Append , I T.) • J. (DioBcor., ir., 60, 61.— Adams, Append., s. v.) 7«V PEliSONA. t-LliSOSX. PERIZO'MA. {Vid. SnsLiGACCLnM.) PERO (fipSi^^i, dim. ai)6vi.if:), a low boot of un- tanned bide (crudus^), worn by ploughmen (,perona- lus arator') and shepherds, as exemplified in the woodcuts at p. 132, 667, and by others employed in rural oecrpations.' It had a strong sole,* and was adapted lo the foot with great exactness.' It was iil.. 51. — Apul., be Deo Soci., p. 150, ed. Aldi.) — 10. (Dioseor., I., 18". — Adams, Append., s. v.)- 11. (Dioscor., i., 164.— Theophr., H. P., iv., 4.— Adams, Append., a. v.) — 12. (Suidaa, •. V. XoipiA^of.)— 13. (Horat. a.i Pis., 276.)— 14. fSuidas, s. v. ♦plii-iXosO- 15- (Pi)«t., ii-,8J ) 768 as it was necessa; y to make the head correspond to the stature of an actor which was heightened bj the cothurnus. I. Tragic Masks. — It may at first seem strange to us, that the ancients, with their refined taste in the perception of the beautiful in form and expres- sion, should by the use of masks have deprived the spectators in their theatres of the possibility of ob- serving the various expressions of which the human face is capable, and which, with us, contribute sc much to theatrical illusion. But it must be remem- bered, that in the large theatres of the ancients it would have been impossible for the greater part of the audience to distinguish the natural features of an actor. The features of the masks were, for this same reason, very strong and marked. Again, the dramatis persona; of most of the ancient tragedies were heroes or gods, and their characters were so well known to the spectators that they were per- fectly typical. Every one, therefore, knew imme- diately, on the appearance of such a character on the stage, who it was, ; .nd it would have been dif- ficult to a Greek audience to imagine that a god or hero should have had a face like that of an ordinary actor. The use of the cothurnus also rendered a proportionate enlargement of the countenance ab solutely necessary, or else the figure of an actoi would have been ridiculously disproportionate. Last- ly, the solemn character of ancient tragedy did not admit of such a variety of expressions of the countenance as modern tragedies, the object of which seems to be to exhibit the whoje range of human passions in all their wild and self devouring play. How widely different are the characters of ancient tragedy ! It is, as Miiller' justly remarks, perfectly possible to imagine, for example, the Ores- tes of iEschylus, the Ajax of Sophocles, or the Me- dea of Euripides, throughout the whole tragedy with the same countenance, though it would be difficult to assert the same of a character in any modern drama. But there is no necessity for supposing that the actors appeared throughout a whole piece with the same countenance ; for, if circumstances required it, they might surely change masks during the intervals between the acts of a piece. Wheth- er the open or half-open mouth of a tragic mask also contributed to raise the voice of the actor, as Gellius' thinks, cannot be decided here, though we know that all circumstances united to compel a tragic actor to acquire a loud and sonorous voice. The masks used in ancient tragedies were thus, for the most part, typical of certain characters, and, consequently, differed according to the age, sex, rank, and other peculiarities of the beings who were represented. Pollux, from whom we derive most of our information on this subject, enumer- ates' 25 typical or standing masks of tragedy, six for old men, seven for young men, ten for females, and three for slaves. The number of masks which were not typical, but represented certain individu- als with their personal peculiarities, such as the blind Thamyris, the hundred-eyed Argus, &c.,raust have been much more numerous, for Pollux, by way of example, mentions thirty of such peculiar masks. The standing masks of tragedy are divided by Pol- lux into five classes. 1. Tragic mwks for old men. — The mask for the oldest man on the stage was called fvpt'oc avijp, from the circumstance of the beard being smoothly shaved. The hair, which was in most cases at- tached to the masks, was white, and hung down, with the exception of a part above the Ibrehead, which rose in an acute angle or in a round shape, and left the temples uncovered. This rising part 1. (Hist, of the lit. of Anc Greece, i., p. 298.)— 2. (v., 7 )-« (iv., 134, &c ) PERSONA. PERSONA. ol the hair was called iyxot. The cheeks of this mask were flat, and hanging downward. A second mask for old men, called ^en/cor av^p, had gray hair, floating around the head in locks, a full beard, and a prominent forehead, above which the hair formed a small iyxof. The countenance was probably pale, as the adjective ^ev/ciif seems to indicate. A third mask, called (TTraproTroAiof, had black hair in- terspersed with gray, and was somewhat pale. It probably represented a hero of from 40 to 50 years of age, and in a suffering condition. The fourth maskj licXaf uv^p, represented a hero in his full vigour, with black and curly hair and beard, strong features, and a high oyKO(. This was probably the mask for most of the tragic heroes who were not very much advanced in age. For a secondary class of heroes there were two other masks, the ^av66g and the ^avBorepoc dvijp : the former represented a fair man with floating locks, a low oyxof, and a good colour in his countenance ; the second, or fairer man, was pale, and of a sickly appearance. 2. Tragic masks for young men. — Among these are mentioned, 1. The vcavioKoc ndyxpiaro;, a mask intended to represent a man who had just entered the age of manhood, and was yet unbearded, but of a blooming and brownish complexion, and with a rich head of hair. The name Trdyxp^oroc probably indicates that the masks might be used in a great variety of parts. 2. The veavhicoe oiXoc or ^avdo;, or vmpoyKoc, a fair youth of a haughty or impudent character ; his hair was curly, and formed a high 6yK0c. his character was indicated by his raised eyebrows. 3. Ntavio/tof irdpmXof resembled the preceding mask, but was somewhat younger. The counterpart of these two was, 4. The ajro^of, a young man of a delicate and white complexion, with fair locks and a cheerful countenance, like that of a youthful god. 5. Tlivapos. There were two masks of this name, both representing young men of an irascible appearance, of yellow complexion and fair hair; the one, however, was taller and younger, and his hair was more curly than that of the other. 6. 'B;fpof, a mask quite pale, with hollow cheeks, and fair, floating hair. It was used to represent sick or wounded persons. 7. The ndpaxpog might be used for the TrdyxpVfro; if this character was to be represented in a suffering or melancholy situa- tion. 3. Tragic masks for male slaves. — Pollux men- tions three, viz. : the dKpBepiai, which had no oy/cof, and wore a band round the smooth white hair. The countenance was pale, the beard gray, the nose sharp, and the expression of the eyes melancholy. The axpd, resembled the former, with the exoep- t»n Wnt her hair was half shorn. She was a wom- an of middle age, and was probaiily intended to rep- resent the wife of the chief hero, if he was not too advanced in age. The third is the fieaoxovpoc irpdc- (fiaToc, representing a newly-married woman in full bloom, with long and floating hair. The fourth is the Kovpifio; irapdevog, a maiden of mature age, with short hair divided on the middle of the forehead, and lying smoothly around the head. The colour of her countenance was rather pale. There was anothei mask of the same name, but it differed /from the for- mer by the following circumstances : the hair wa.s not divided on the forehead or curled, but wildly floating, to indicate that she had much suffering to go through. The last is the xopi?, or young girl This mask represented the beauties of a maiden's face in their full bloom, such as the face of Danae, or any other great beauty was conceived to have been. The account which Pollux gives of the tragic masks comprehends a great number, but it is small in comparison with the great variety of masks which the Greeks must have used in their various trage- dies, for every hero and every god who was known to the Greeks as a being of a particular character, must have been represented by a particular mask, so that the spectators were enabled to recognise him immediately on his appearance. For this very reason, the countenances of the gods, heroes, and heroines must, in point of beauty, have been as sim ilar as possible to their representations in statues and paintings, to which the eyes of the Greeks were accustomed ; and the distorted masks, with widely open mouths, which are seen in great numbers among the paintings of Herculaneum and Pompeii (see the annexed woodcut from Museo Bmion't, would give but a very inadequate notion of the masks used at Athens during the most flour- ishing period of the arts. All the representations of tragic masks belong- ing to this period do not show the slightest trace of exaggeration or distortion in the features of the countenance, and the mouth is not opened wider than would be necessary to enable a person to pronounce such sounds as oh or ha. In later times, however, distortions and exaggerations were carried to a very great extent, but more particularly in comic masks, so that they, in some degree, were more caricatures than represent- ations of ideal or real countenan- ces." M£^Wf: The annexed woodcut repre- wMu'Ami sents some masks, one apparently comic and the other tragic, which are placed at the feet of the choragus in the cele- brated mosaic found at Pompeii.' II. Comic Masks.— In the old Attic comedy, in which living and distinguished persons were so of- ten brought upon the stage, it was necessary that the masks, though to some extent they may have been caricatures, should in the main points be faith- ful portraits of the individuals whom they were in- tended to represent, as otherwise the object of the comic poets could not have been attained. The chorus, on the other hand, as well as certain fan- tastic dramatis personse, rendered sometimes a com- plete masquerade necessary ; as in those cases when the choreutae appeared with the heads of birds or 1. (vol. i., tab. 20.)— 2. (Apollon., Vit. ApoUon., v., 9 p 195 ed. Olear.— Lucian, De Saltat., 27.— Anach., 23.— Nigi-in II _! Somn. s. Gall., 26.)— 3. (Museo Borton., vol. ii., t«b. SB inill. Pomp., vol. i., pi. 45.) , 759 PERSONA PERSONA of frogs, &c. We may remark here, by the way, that tha chorus of tragedy appeared generally with- out masks, the Eumenides of jEschylos being prob- -.bly only an exception to the general role. The nasks of the characters in the old Attic comedy .vere therefore, on the whole, faithful to life,, and free from the burlesque exaggerations which we see m the masks of later times. A change was made :n the comic masks when it was forbidden to rep- resent in comedy the archon by imitating his person upon the stage,' and still more, shortly: after, by the extension of this law to all Athenian citizens;' The consequence of such laws was, that the masks henceforth, instead of individuals, represented class' es of men, i. e., they were masks typical of men of certain professions or trades, of a particular age or station in life, and some were grotesque caricatures. A number of standing characters or masks was thus introduced in comedy. Pollux gives a list of such standing masks, which are divided, like those of tragedy, into five classes. 1. Comic masks for old men. — Nine masks of this class are mentioned. The mask representing the oldest man was called TraTrjrof TrpOrof : his head was shaved to the skin, he had a mild expression about his eyebrows, his beard was thick, his cheeks hol- low, and his eyes melancholy. His complexion was pale, and the whole expression of the counte- nance was mild. 2. The min-Trof frcpof was of a more emaciated and more vehement appearance, sad and pale ; he had hair on his head and a beard, but the hair was red and his ears broken. 3. The Tiye/iuv, likewise an old man, with a thin crown of hair round his head, an aquiline nose, and a flat countenance. His right eyebrow was higher than the left. 4. The irpeaSvTric had a long and floating beard, and likewise a crown of hair round his head ; his eyebrows were raised, but his whole aspect was that of an idle man. 5. The ipiidveioQ was bald- headed, but had a beard and raised eyebrows, and was of angry appearance. 6. The nopvoSoaKog re- sembled the mask called 'koKoiaiieio^, but his lips were contorted, the eyebrows contracted,' and the head without any hair. 7. The ipftavsio; devTspoi; had a pointed beard, but was otherwise without hair. 8. The a^rivonuyav, or pointed beard, was likewise bald-headed, had ex- tended eyebrows, and was look- ing ill-tempered. 9. The Iv- KOji^duoc had a thick beard, was conspicuous on account of his long chin, and the form of his eyebrows expressed great curiosity. The annexed comic mask, representing an old man, is taken from the Museo Borbon.' 2. Comic masks for young men. — Pollux enumer- ates ten masks of this kind: 1. T!\ie myxpriCTog formed the transition from the old to the young men; he had but few wrinkles on his forehead, showed a muscular constitution {yvjivaatiKog), was rather red in the face, the upper part of his head was bald, his hair was red, and his eyebrows raised. 2. The veavianof fie^ag was younger than the pre- ceding one, and with low eyebrows. He represent- ed a young man of good education, and fond of gymnastic exercises. 3. The veavlaKo^ oi/lof, or the thick-haired young man, was young and hand- some, and of a blooming countenance, his eyebrows were extended, and there was only one wrinkle upon his forehead. 4i The' vEWioKof uirako^, his hair was like that of the myxfniiy'o^, but he was 1. (Schol. ad Aiistoph., Nub., 31.)— 3. (Schol. ad Aristtiph., Ach , 1149 ; At, 1897.— Suidas, s. t. 'Avriaaxor.)— S. (vol. i., tab- A.) "60 the youngest of ,aH, and represented a tender youtj brought up in seclusion from the world; 5; The aypomoe, or rustic young man, had a daric complex- ion, broad lips, a pug-nose, and a crown of hair round his head. 6. The imaeiaTog arpaTiiyrri^, or the for- midable soldier, with black hair hanging over his forehead. 7. The imasicToi devrepoc was the same as. the preceding, only younger and of a fair com- plexion. 8. The k6?m^, or the flatterer y and, 9. The jropoiTtTofi or parasite, were dark,* and had aquiline noses. Both were apparently of a ; sympathizing nature; the parasite, however, had broken oars, was rnerry-looking, and had a wicked expression about his eyebrows. 10. The eifcovj/wif represented a stranger in splendid attire, his beard was shaved, and his cheeks pierced through. The (rt/cE/lucdfwas another parasite. S. Comic masks for male slaves. -rrOf this >claaa seven masks are mentioned ; 1. The mask repre- sentinga very old man was called minwo;j and had gray hair, to indicate that he had obtained his lib- erty. 2. The-^yC|Mt»v -depairav had his red hair plat- ted,,. raised eyebrows, and a contracted forehead. He was among slaves the same character as the Trpeo^riyf among freemen. 3. The Kara Tpixiaf ot Kara xeTpixot/iivoc. vas half bald-headed, i had red hair and raised eyebrovre; 4. The oiAof i^sodtu*, or the thick-haired slave, had red hair and a red countenance ; he was without eyebrows, and had a distorted' countenance. 5. The ^^epdi^uv fiiao; was baldrheaded. and had red hair. 6. The -depa- Tzuv TETTi^ was bald-headcd and dark, but had two or three sKps of hair on his head and on his chin, and his countenance was distorted. 7- The iirJ- (Tciffrof iiye/iav, or the fierce-looking slave, resem- bled the Tiyefiuv ^epdwuv, with the exception of the hair. 4. Comic masks for old women. — Pollux menticw three, viz. : the ypatimv iaxvov or 'hiKaivioVya, tali woman with many but small wrinkles, and pale but with animated eyes ; the ■auxela ypav^, or the fat old woman with large wrinkles, and a band round her head keeping the hair together ; and the ypai- Slav oLKovpov, or the domestic old woman. Her cheeks were hollow, and she had only two teeth on each side of her mouth. 5. Comic masks for< young- loomen. — Pollux men- tions fourteen, viz. : 1. The yvv^ XeKriKii, w the talkative woman ; her hair was smoothly c&mbed down, the eyebrows rather raised, and the compleis- ion white. 2. The yvvj/ ovXt/ was only distinguish- ed for her, fine head of hair. 3. The Kopv had her hair combed smoothly, had highand black eyebrows, and a white complexion. 4., The fsvSoKdpi; had a whiter complexion than the former, her hair was bound up above the forehead, and she was intended to represent a young woman who had not been mar- ried more than once. 5i Another mask of the same name was only distinguished from the former by the irregular manner in which the hair was repre- sented. 6. The (TirapTOffdAtof TienTiKri, an elderly woman who had once been a prostitute, and whose hair was partly gray. 7. The itaTiXaKri resembled the former, but had a better head of hair. 8. The Ts%eix)v kraipLnov was more red in the face than the T/iCTjSoKop^, and had looks about her ears. 9. The trmpidiov was of a less good appearance, and wore a band round the head. 10. "ThB Sidxpfaog irmpa derived the name from the gold with which her hair was adbrnedi W.The^idiuTpog halpa from the variegated band wound around her head. 12. The. Aa^uwadtov, from the circumstance! of her hair being dressed in such a manner, that it stood up- right upon the head inithe'formofia lampas. 18. 1. (Compare Athen vi., p. S37.) PSRiiUiHA. PES. The a^po TtefiiKovpoc represented a female slave aeyi y boughtj and wearing only a white chiton. 14. The ■Kapa^rjipufTov was a slave distinguished by a pug-nose aodher hair; she attended upon hetaeraej and wore a crocus-coloured chiton, i Numerous as these niaslcs are, the listcannot by any means be considered as complete, for we know thai therei were other standing masks for persons following particular kinds of trade, which are not mentioned in Pollux. Msson of Megara, for exam- ptej is said to have invented a peculiar mask, called after his own name /iahuv, another for a slave^ and' a third to represent a cook.^ From this passage' of Athenaeus we also: learn that Stephanus of By- zantium vnrote a work tte/dj -rpoaanuv. Hi. Masks used in the Satteic Drama. — The masks used in this species of the Greek drama were intended to represent Satyrs, SUenusj and similar companions of Dionysus, whence the ex-i pressions of the countenances and form of their heEids may easily be imagined. Pollux only men- tions the gray-headed Satyr, the unbearded Satyr, Silenus, and the naKiro^, and adds that the charac- ters of all the other Satyric masks ei*her resembled these, or were sufficiently expressed id their names, e. g., the Papposilenus was an old man with a very predominant animal character." A grotesque mask of a SatjT, together with one of the finest speci- mens of a tragic mask, is contained in the Townly Gallery in the British Museum, and is represented: below. As regards the earliest representations of the regular drama among the Romans, it is expressly: stated by Diomedes^ that masks were not used, but merely tie galerus or wig, and that Roscius Gallus, about the year 100 B.C., was the first who intro- duced the use of masks. It should, however, be remembered, that masks had been used long be- fore that time in the AteHanae,* so that the innova- tion of Roscius must have been confined to the reg- ular dranja, that.is, to tragedy and comedy. .As fpr the forms of Roman masks, it might be pre- Binnpd that,, being introduced from Greece at so late a period, they had the same defects as those used in Greece at the tirne when the arts were in theit decline, and this supposition is confirmed by alliyorks of art, and the paintings, of Herculaneum and, Pompeii, in which masks are represented ; for the, masks appear unnaturally, distorted, and the mouth always wide open. The expressions of Ro- man writers also support this supposition.' We may mention here that some of the oldest MSS. of Terence contain representations of Roman masks, and from these MSS. tjiey have been copied in sev- 1. (Athen., iiT., p: 659.1— 2. (Compaio Eichstadt, De Dram- ■te Conuco-Satytiijo, p. 81.)— 3. (iii., p. 486, ed. Pat8ch.)^4. (PjA . 8. V. Personata.)— * (Gell., v., 7 — Juv., iii., 175.) 5D eral modern editions' of that poet, as in the edition published at Urbino in 1726, fol., and in tbit oi Dacier. ■ The cut annexed contains represeptations «f four of these masks prefixed to the Andria When adtoi's at Rome displeased their audience and were hissed, they were obhged to take off their masks • 'but tho'se who acted in the Atellanae were tiot'bbliged te do so.' The Roman mimes never wore masks. (Fid. Mmns.)" PE^RTICA, the pole used by the Ageimensoees, was also called Decempeda because it was ten feet long. On account of its use in assigning lands to the members of a colony, it is sometimes represent- ed on medals by the side of the augurial plough.' PES (irove), a Foot. The Greeks and Romans, like most other nations, took their standards df length originally from the different parts Of the hu- man body, and the names which were thus given to the measures were retained after the measures themselves had been determined with greater nicety. The foot was the basis of their whole system of measures of length ; and as the value of the Greek foot is easily obtained when that of the Roman is known, it wiU be convenient to notice the latter first. I. The Rorhim foot. — There are five different ways of determining the length of the Roman foot. These are, ) . From ancient measures still in exist- ence ; 2. From measurements of known distances along roads'; 3. From measurements of buildings ; i' 4. From the contents of certain measures of capa city ; and, 5. From measurements of a degree on the earth's surface. 1. It mlight appear, at first thoughts, that ancient measures in actual existence would at onoe give the required information.' But these measures are found to differ among themselves. They are Of two kinds, foot-measures cut upon gravestones, and brass or iron measures, intended, in all proba- bility, to be used as measures. From the nature of the case, the latter would probably be more exact than the former, and, in fact, the measures on the gra-vestones are rudely out, and their subdivisions are of unequal length, so that they have no preten- sions to minute accuracy ; but, on the other hand, it would be absurd to suppose that they would have been made very fer wrong. We may safely con- clude that they would have about as much accuracy as a measure hastily cut on stone by a mason from the foot-rule used by him in working. Four such measures are preserved in the Capitol at Rome. They are called the Statilian, Cossutian, .^Ebutian, and Capponian feet. They have been repeatedly measured, but,- unfortunately, the different measure- ments gave different results. The brass and iron foot-rules, of which several exist, do riot precisely agiee in length. There was anciently a standard foot-measure kept in i '6 Capitol, called the pes mo- netalis, which was probably lost at the burning of the Capitol under Vitellius or Titus. 3. The itinerary measurements are of two kinds, according as they are obt lined by measuring the distance from one place to another, or the dis- 1. (Festua, a. v. Personata Fabula — MacTub., Sat., ii., 7.) — 3 (Cor»pare Fr. De Ficoroni, Disserta' io Do larvis sceoicis et fiy uris uomicis ant. Rom., Rome, 1736 and 1750, 4to.-^Fr. Stiers 'Bisaertatin de rei scenicEE apud Romv aog OrigiM.) — 3. (Prnpert IV., i., 30. ) ■ 761 PES. tance from oue milestone to another on a Roman road. Both methods have the advantage of the diminution of error which always results from de- termining a lesser magnitude from a greater, but both are subject to uncertainty from turnings in the road, and from the improbability of the mile- stones having been laid down with minute accu- Tacy ; and two other serious objections apply to the former n.Dde, namely, the difficulty of determining the pois. ;3 where the measurement began and ended, and the changes which may have taken place in the direction of the road. Both methods, however, have been tried ; the former by Cassini, who meas- ured the distance from Nimes to Narbonne, and by Riccioli and Grimaldi, who measured that between Modena and Bologna, and the latter by Cassini, be- tween Aix and Aries. 3. The measurement of buildings is rather a ver- ification of the value of the foot as obtained from other sources than an independent evidence. It Very seldom happens that we know the number of ancient feet contained in the building measured. We have one such exampl? in the Parthenon, which was called Hecatompedon (hundred-footed)' from the width of its front ; but even in this case we cannot tell exactly, till we know something of the length of the Greek foot, to what precise part of the front this measurement applies. Again, there is the obelisk in the Piazza del Popolo at Rome, and the Flaminian obelisk, the heights of which are given by PUny." But the actual heights of these obelisks, as compared with Pliny, would give a value for the foot altogether different from that obtained from other sources. Indeed, the num- bers in Pliny are undoubtedly corrupt. An inge- nious emendation by Stuart would remove the dif- ficulty ; but it is obvious that a passage which re- quires a conjectural emendation cannot be taken as an independent authority. There is another mode of deducing the value of the foot from build- ings, of the dimensions of which we have no infor- mation. The building is measured, and the length thus obtained is divided by the supposed value of the ancient foot (as derived from other evidence) ; and if a remainder be left, this value of the foot is corrected so that there may be no remainder. It is assumed in this process that no fractions of feet were allowed in the dimensions of the building, and also that the plans weru worked out with the most minute exactness, both of which assumptions are not very probable. In fact, these measurements have given different values for the foot. " Modern architects," says Mr. Hussey, " do not allow that such calculations could be depended on in modern buildings, for determining the true length of the measures by which they were planned. Nor are the dimensions of the parts of buildings of the Mid- dle Ages in our own country, as Gothic churches and cathedrals, found to agree exactly, so as to give whole numbers of the standard measure." On the other hand, these measurements, like those on roads, have the advantage of involving, in all prob- ability, very small errors, and of the diminution of the error by division. 4. Villalpando and Eisenschmidt have attempted to deduce the length of the Roman foot from the solid content of the congius of Vespasian. ( Vid. CoNGius.) Since the congius was the eighth of the amphora, and the content of the amphora was a cubic foot {vid. Amphora), the process is to multi- ply the content of the congius by 8, and extract the "■ube root of the product. But this process is very uncertain. First, there is a doubt about the con- tent of the congius itself {vid. Libra) ; then it is hardly to be supposed that the content of the con- 1. (Plutarch, Pericl., 13 ; Cato, 5.)-2, (H. N., XHvi., 9.) 762 PES. gius was actually adapted with pet'ect accuracy t« the length of the foot ; and, lastly, there is a (arthe; risk of error in reversing this process. 5. Some French geographers, and especially M Gosselin, have supposed that the ancient astrono- mers were acquainted with the dimensions of a great circle of the earth, and that they founded their whole system of measures on the subdivisions of such a circle. The results of M. Gosselin's cal- culations agree well with those derived from other sources. But we need better evidence than this agreement to convince us that both the Greeks ani? Romans, at a very early period, formed a system of measures on such scientific principles ; and it is incredible that, if such a system had really exist- ed, there should be no allusion to it in any of the ancient geographers. The average values of the Roman foot, obtained from these various sources, in terms of the EngUsli foot, are the following : 1. From ancient measures •9718 2. From itinerary measurements . . -97082 3. From measurements of buildings 96994 4. From the congius 9832 5. From the length of a degree . . . 9724 of which the first three are the most to be depend- ed on ; and of those three the average is -9708, or 11-6496 inches, or Ui -1496 inches, which -we may take as the probable value of the Roman foot. Cagnazzi, whose researches are said by Niebuhr to have placed the true value of the Roman foot be- yond a doubt,' gives it a greater length than the above, namely, -29624 of a metre = 9722 of a fool. : but this calculation is objected to by Bbckh, as be ing derived by a process not perfectly true from the value of the pound, and as being confirmed only by one existing measure, and also ejs^being at variance with the value of the Greek foot, obtained from independent sources." Bockh'scown calculation which agrees with that of Wunh, gives a value very little less than the above, namely, 13115 Paris lines =-9704649 of the English foot =11-6456 inches. The Romans applied the uncial division {vid. As; to the foot, which thus contained 12 uncia, whence our inches; and many of the words used to express certain numbers of unciae are applied to the parts of the foot." It was also divided into 16 dig-iri (fin- ;: ger-breadths) ; this mode of division was used es- pecially by architects and land-surveyors, and is found on eJI the foot-measures that have come dovni to us. PoUex (the thumb), which is used in modern Latin for an inch, is not found in the ancient writers, but Pliny* uses the adjective ^officam (ol a thumb's breadth or thickness). Palmus (a hand-breadth) was the fourth part of the foot, containing 4 digiti or 3 unciae. There seems also to have been a larger palmus of 12 digiti or 9 unciae." The following measures were longer than the foot. Palmipes, that is, palmus el pes, li feet, or 15 inches ; cubitus, 1^ feet, is seldom used in Latin except as a translation of the Greek n^xi>i- O^^*^- Cubitus.) Ulna (the arm) is used by later writers as equivalent to cubitus ; but it was properly the translation of the Greek ipyvid : Pliny uses it for the whole length of the outstretched arms from fin- ger to finger.* From the analogy of the as we have also dupondium for 2 feet,' and pes sestertius for 2i feet.* Paisjts(a pace), 5 feet.' Mille passus, 5000 feet, or a mile. {Vid. Milliaeium.) Gradus, ^ passus. Leuga or Leuca was a Gallic measure = I. (Hist, of E-ime, ii., p. 407.)— 2. (Metrolog. Untersuch , p. m.)— 3. (Vege( ,DeReMilit.,i,6.— Pliii.,H.N.,xxvii.,6,ll, xiii., 15.)— 4. (H. N., xxvii.,9; xv.,24; xiii.,23.)— 5. (Plin.H N., ixi., 26.)— 0. (II. N., ivi., 32, 40.— Comijare Se r ad Vjrg, Eel., iii., 105.)— 7. (Colum., iii., 15, &o.)— 8. (Leg xii. Tal», tab. Till.)— 9, (Vitruv., x.', 14.— Colum., y,, 1.) PES. PES. laoO pa&sus or H miles.' Stones are still found on the roads in France with distances marked on them in LeugtB. Decempeda, a pole (pertica) 10 feet long, ,was used in measuring land.' 'Actus, 12 decem- pedse, or 120 feet. (Vid. Actus.) The following tables exhibit the Roman measures of length, with Iheir values in English feet and inches : 1. Ordinary Measures, Fedea. Feet. Inches. .Digitus . ... Jy '7281 Uncia JL 9708 Palmus i 2-9124 Pes 1 11-6496 Palmipes li 1 2-5620 Cubitus H 1 5-4744 2. Land Measures. Pedes. Yards. Feet. Inches. Pes 1 11-6496 Gradus .... 2i 2 5124 Passus .... 5 11 10-248 Decempeda ... 10 3 8496 Actus 120 38 2 5-952 Mille Passus ) ,„.. „ or Milliarium \ ■ ■ ^"°° ^^^^ The square foot {pes quadratus) is called by Fron- tinus constratus, and by Boethius contractus. Fron- tinus applies the term quadratus to the cubic foot. The principal square measure was the jugerum of 240 feet by 120. {Vid. Jogsrom.) Some have concluded, from the measurements of buildings, that the foot was slightly reduced about the time of Domitian, which Wurm accounts for by supposing that the pes monetalis, after being de- stroyed in the fire under Titus,, was restored by Do- mitian in a careless manner. Both the fact and the explanation, however, appear to be very doubtful. II. The Greek foot. — We have no ancient measures by which to determine the length of the Greek foot, but we have the general testimony of ancient wri- ters that it was to the Roman in the ratio of 25 : 24. The Greek stadium, which contained 600 Greek feet, is said by Roman writers to contain 625 Ro- man feet ; and also a Roman mile, or 5000 feet, was reckoned equal to 8 Greek stadia, or 4800 feet ; both of these calculations give the above ratio of 25 : 24." If, therefore, the Roman foot was -9708 of the English, the Greek foot was equal to 101125 feet, or 12135 inches. This value is confirmed by the measurement of the Parthenon. " Stuart,'" says Mr. , Hussey, " measured the upper step of the basement of the Parthenon, which is the platform on which the pil- lars stand, and is exactly that part of the building where, we should expect that the measure would have beeh taken if the name Hecatompedon was really given to it on account of the dimensions. He found the width of the front to be 101 feet 1-7 inch- es, the length of the side 227 feet 705 inches ; and since these two quantities are very nearly in the ra- tio of 100 to 225, he inferred that the two sides really contained tliese two numbers of feet. From this he calculated the value of the foot, from the front 12137 inches, from the side 12138 inches: of which the greatest exceeds the value given above by only 003 of an inch." Other measurements of the Parthenon and of other buildings at Athens tend to the same result. Strabo, however,^ quotes from Polybius a calcu- lation which would make the Greek and Roman foot equal, but it is perfectly clear that there is a mistake in this statement. Plutarch again' says expressly that the mile is a little less than 8 stadia. 1. tAmmian. Marc, xvi., 12,— Itin. Antonin.)— 2. (Cic, Pro Mil., c. 27.— Pallad., ii., tit, 12.)— 3. (Plin., H. N., ii., 23, 108. — Colnm., T., 1.— Polyb., iii., 39.- Strabo, p, 322.)— 4. (Antiq. »f.h ,ii., p. 8.)— 5. (p. 322.)— 6. (C. Graoch., 7.) which would give a rather smaller ratio than thai of 24 : 25 for the ratio of the Roman to the Greek foot. It is on the autho^^ity of this passage that Biickh gives the value above mentioned for the'Ro. man foot. If, according to the supposition already noticed, a slight diminution took place in the Ro- man foot, this would account for the difference But perhaps we ought not to consider this solitary passage of sufficient weight to influence the calcu- lation. * ■ The Greeks used different standards at difTorent places and at different times. The foot which gen- erally prevailed over Greece was that by which the stadium at Olympia was measured {vid. Stadium), which was the one we have been speaking of, and which was therefore the same as that used at Ath- ens in her best days. Hyginus- mentions this fool as being used in Gyrene under the name of Ptole meius. The following tahle represents the parts and mul tiples of the Greek foot : H65ss. Vaids. Feet. inches. SaKTvTiog . . A. -7584 KovdvTios . . \ 1-5168 iraXaLaHj . . ^ 3 0336 ?LiX<^g ... i 6-0672 bpBoSapov . . I 7-584 amea/iTJ ... j 9' 1008 TTOfif ... 1 1 0-135 TTVy/iij . . . 1| 1 1-6512 TTVyctv . . . H 1 3-168 wr/xvc: . . . H 1 6-2016 ^Tj/ia . . . 2i 2 6-336 ^vXov . . . 4J 4 6 6048 bpyvtd ... 6 6 081 KuTia/iOS . . . 10 10 1-35 ufifta .... 60 20 81 nUdpov . 100 33 2 15 ardSiov . . 600 202 9 diavlos . . 1200 404 1 6 The SaicTvXos (a finger-breadth) answers to t:-« Romnn digitus : the kovSvXoi {knuckle) was 2 finger- breadths : the iraXaidT^, which was also called tho iraXainrfj^, 6Cipov, 6oxjJ.fl, ^'^ SanTvlodoxiiri, was a hand-breadth. The bpdoSupov was the length of the open hand. The Au'"f was a span from the thumb to the fore-finger; the amBaji^ a span from the thumb to the little finger. The nvy/irj was the dis- tance from the elbow to the knuckle-joints, the ■rrvyuv from the elbow to the first joint of the finger, the irijxvs (cubit) from the elbow to the tips of the fingers. Of this measure there were two sizes, the /lerpioc and the royal ; the latter was 3 finger- breadths longer than the other, which would make it nearly 20^ inches. The square measures of the Greeks were the irovg, or square foot, the dpovpa =2500 square feet, and the vXedpov =4 arurffi =10,000 square feet. Certain peculiar foot-measures, difliering from the ordinary ones, are mentioned by ancient writers. The Samian, which was the same as the Egyptian foot, is known, from the length of the Egyp- tian cubit as derived from the Niloraeter (namely, 17-74278576 inches), to have contained 11-82852384 inches, or more than 11} inches. A larger foot than the common standard seems to have been used in Asia Minor. Heron" names the royal or Philaete- rian foot as being 16 finger-breadths, and the Italian as 13J, and he also mentions a mile (fitXtov) of 5400 Italian or 4500 royal feet. Ideler supposes that the Italian foot means the common Roman, and the royal a Greek foot larger than the common standard, corresponding to the stadium of 7 to the mile, vvhich had been introduced before Heron's 1. (De Coniiit. Agr,, p. 210.)- -2. (De Mens., p. S68.> 763 PHALANGA. PHALJiRA. lime, namely, the tenth century. The Pes Drum- anus, or foot of Drusus, contained 13^^ Roman inch- es = 131058 English inches. It was used beyond the boundaries of Italy for measuring land, and was the standard among the Tungri in Lower Ger- many.' PE'SSULUS. (Vid. Janha, p. 536.) PESSOI (Treaaoi). ( Vid. Latetjnchli.) PETALISMOS {ireTaXia/ioc). ( Vid. Banishment, Ureek, p. 135.) PE'TASUS. {Vid. PiLEUs.) PETI'TOR. (Viii. AoTOR.) PETAURIST.iE. {Vid. Petaueum.) PETAURUM {niravpov, izeTsvpov) is said by the Greek grammarians to have been a pole or board on which fowls roosted." We also find the name of petaurum in the Roman games, and considerable doubt has arisen respecting its meaning. It seems, however, to have been a board moving up and down, with a person at each end, and supported in the middle something like our seesaw ; only it appears to have been much longer, and, consequently, went to a greater height than is common among us. Some writers describe it as a machine, from which those who exhibited were raised to a great height, and then seemed to fly to the ground ; but this in- terpretation does not agree so well with the passa- ges of ancient authors as the one previously men- tioned." The persons who took part in this game were called petaurista or petauristarii ; but this name seems to have been also applied in ratlier a wider signification." PETO'RRITUM, a four-wheeled carriage, which, like the Essedum, was adopted by the Romans in imitation of the Gauls.' It differed from the Hae- mamaxa in being uncovered. Its name is obvious- 'y compounded of petor, four, and rit, a wheel. Fes- us,' in explaining this etymology, observes that pe- or meant four in Oscan and in .^olic Greek. There s no reason to question the truth of this remark ; but, since petor meant four in many other European languages, it is more probable that the Romans de- rived the name, together with the fashion of this vehicle, from the Gauls. Gellius' expressly says that it is a Gallic word. ♦PHAGRUS (^cjypof), called by Pliny the Pagrus, d species of fish, the Sparus Pagrus, L., called in English the Sea Bream or Braize. »PHACOS (^oKof), the Cicer lens, or Lentil. " Stackhouse," says Adams, '• seems to stand alone in making it to be the Ervum ervilia. The Lens palus- tris, ^rtKOf 6 im tuv Ts/l^dTuv, Dioscor., seems to be generally admitted to be the Lemna minor, or Lesser Duck's-meat. The tjiatcbg'lvdiKog of Theophrastus is the Dolichos Catiang, according to Sprengel." *PHALiENA {ipahiiva), the Whale. {Vid. Ba- L.SNA.) *II. An insert referable to the genus Phalana, or Moths. "De Pauw," says Adams, " makes the 0fflAayf of Phile to be the ., 97.— Piin., H. N., xii., 4, ». 8.) 764 2. Truncheons, said to have been first used t battle by the Africans in fighting against theE^p tians.' 3. Poles used to carry burdens in the mannei represented in the woodcut, p. 57, or so as to com- bine the strength of two or more individuals. The carriers who used these poles were called pkalanga- rii,' and also hexaphari, tetraphori, &c., according as they worked in parties of six, four, or two persons, The pples were marked at equal distances, and the straps which passed over the shoulders of the work- men were so fixed at the divisions, that each man sustained an equal share of the burden." 4. Rollers placed under ships to move them ob dry land, so as to draw them upon shore or into the water {(hvparcoi KvTdvipoi''). This was effected either by making use of the oars as levers, and, at the same time, fastening to the stern of the ship cables with a noose (firipivBoQ), against which the sailors pressed with their breasts, as we see in our canal navigation,* or by the use of machines." The trunk of the wild olive (/conVof) served to make such rollers,' and on the occasion here re- ferred to, a phalanx made of this tree was erected upon a tomb instead of a stone column. Rollers were employed in the same manner to move milita- ry engines ;' and we need not hesitate to conclude that columns of marble and other enormous stones designed for building were transported from the quarry by the same process. If from the earliest periods the Greeks were fa miliar with the use of rollers ranged in long sue cession and moving parallel to one another, it mighi be expected that the term phalanx would be used bj them metaphorically. We, accordingly, not onl) find it applied to denote the bones of the hand and foot, which are placed beside one another like so many rollers, but in the Iliad' the lines of soldiers ranged in close order, and following one another, are often called by the same expressive appellation, and hence arose the subsequent established use of the term in reference to the Greek army. {Vid, Army, Greek.) *PHALANG'ION {(^cAayyiov), " a class of veno- mous spiders," says Adams, " several species of which are described by Njcander. These Sprengel attempts to determine, but his conclusions are not very satisfactory. He does not refer any of them to the genus Phalangium, L. Stackhouse concludes that the - pevToi:'- Among the Greeks, women appear to have been most addicted to this crime, as we learn from various passages in ancient authors. Such women are called fap/iaiitSeg and i^apiiaKtvTpiai. Poisonous drugs were frequently administered as love-potions, or for other purposes of a similar nature. Men whose minds were affected by them were said ^ap- uaKfv. Wills made by a man under the influence of drugs (im ^ap/iuKuv) were void at Athens." PHAROS or PHARUS {dp6c), a Lighthouse. The most celebrated lighthouse of antiquity was that situated at the entrance to the port of Alexandrea. It was built by Sostratus of Cnidusy on an island which bore the same name, by command of one of the Ptolemies, and at an expense of 800 talents.' It was square, constructed of white stone, and with admirable art ; exceedingly lofty, and in all respects of great dimensions.* It contained many stories {'!roh)6po{jiov% which diminished in width from be- low upward.' The upper stories had windows looking seaward, and torches or .fires were kept burning in them by night, in order to guide vessels into the harbour.' Pliny' mentions the lighthouses of Ostia and Ra- venna, and says that there were similar towers at many other places. They are represented on the medals of Apamea and other maritime cities. The name of Phairos was given to them in allusion to that at Alexandrea, which was the model for their construction.' The pharos of Brundisium, for ex- ample, was, like that of Alexandrea, an island with a lighthouse upon it.'° Suetonius^' mentions anoth- er pharos at Capreae. The annexed woodcut shows two phari remaining in Britain. The first is within the precincts. of Do- ver Castle. It is about 40 feet high, octagonal externally, tapering from below upward, and built with' narrow courses of brick and much wider courses of stone in alternate portions. < The space within the tower is square, the sides of the octagon without and of the square within being equal, viz., each 15 Roman feet. The door is seen at the bottom." A similar pharos formerly existed at Bou- logne, arid is supposed to have been built by Calig- ula." The round tower here introduced is on the sumrait'of a hill on the coast of Flintshire." PHA'ROS (^upof). {Vid. Pallium.) PHASE'LUS {^dariXog) was a vessel rather long and narrow, apparently so called from its re- semblance to the . shape of a phaselus or kidney oean. It was chiefly used by the Egyptians, and 1. (Meier, AM. Proc, p. 311.)— 2. (Demosth, c. Steph., 1133.) — 3. (Plin., H. N., ixiyi., 12. — Steph. Bya., s. t. *iipof . — AcliiU..Tat.,T., 6.)— 4. (Caesar, Bell. Civ., iii., 112.)— 5. (Stra- bo, ivii;, 1, 1/ 6.) —6. (Herodian, iv., 3.) —7. (Val. Flacc., vii., Bi.— Vid. Bartoli, Luc. Ant., iii., 12.)— 8. (1. c.)— 9. (Herodian, 1. c— aiet., Oland., 20.— Brunok, Anal., ii., 186.)— 10: (Mela, ii., 7, V13.— Steph. Byz.,J. (!.)— 11. (Tib., 74.)— 12. (Stukely, Itin. Curios.' p. 129.) — 13. (Sueton., Calig., 46. — Montfancon, Snpplem.; V., iv., L^ vi., 3, 4.)— 14. (Pennant, Par. of White- ford and Holywell, b. 118. 1 was of various sizes, from a mere boat to a vessel adapted for long voyages.' Octavia sent ten tri- remes of this kind, which she had obtained from Antony, to assist her brother Octavianus ; and Ap- pian' describes them as a kind of medium between the ships of war and the common transport or mer- chant vessels. The phaselus was built for" speed (phaselus ille — navium celerrimus^), to which more attention seems to have been paid than to its strength; whence the epithet fragilis is given to it by Horace.* These vessels were sometimes made of clay {jklilihus phaselis^ to which the epithet of Horace may perhaps also refer. , *PHASE'LUS or PHASE'OLUS '{^daijlou (paai- o/lof), the Phaseolus vulgaris, or common Kidney Bean.' *PHASG'ANON . (^aoyavoi;). " Sprengel," says Adams, " hesitates between the Iris fmtidissima and the Gladiolus communis, or common Sword Grass; Stackhouse between the latter and the Iris Xiphi- um. These doubts, however, are of older date.'" *PHASIA'NOS {faaiavoi or (paataviKog Spvi(), the Pheasant, or Phasianus Colchicus, L.' Accord- ing to the (jreek legend, the Pheasant ■ took its name, in that language.Vfrom the river Phasis in Colchis, and was exclusively confined to this latter country before the expedition of the Argonauts. These adventurers, it is said, on ascending . the Phasis, beheld the birds in question spread along the banks of the river, and, bringing some of them back to. their native country, bestowed upon it, says Montb'eillard, a gift more precious than the golden fleece. At the present day, according to the same authority, the pheasants of Colchis or Mingrelia are the finest and largest in the known world.' *PHASrOLUS. (Vid. Pkkselhs.) .. PHASIS :(^dcrif) was one of the various methods by which public offenders at Athens might be pros- ecuted ; but the word is often used to denote any kind, of information; as Pollux' says, koivS); fdacif kKohiVVTO irdffac al pTjvvaetg rCrv ?i.avdav6vTuv ddiKTj- jiuTuv. (Vid. Aristoph., Eg'., 300, and Acharn., 883, 836, where the word ipavrd^o is used in the>ame sense as (paiva.) The word ayK0(pdvT7jg is derived from the practice of laying information against those who exported figs. (Fi'rf. Syoophantes.) . Though it is certain that the ^uo-ff was distin- guished from other methods of prosecution,'" we are not informed in what its peculiarities consisted. According to Pollux," it might be brought against those who committed offences against the mine laws, or the customs, or any other part of the revenue ; against any persons who brought false accusations against others for such offences ; and against guard- ians who injured their wards. The charge, as in the ypairi, was made in writing (h ypafj.ij.aTel(i>), with the name of the prosecutor and the proposed penalty (riiiri/ia) affixed, and also the names of the K^rjT^pe;. The same author says, i^aivovro ds npog TOV dpxovra. Here we must either understand the word upxovra to be used in a more general sense, as denoting any magistrate to whom a jurisdiction belonged, or read, with Schomann,'" roii upxovrag. For it is clear that the archon was not the only person before whom a (j>daig might be preferred. In cases where corn had been carried to a foreign port, or money lent on a ship which did not bring a return cargo to Athens, and probably in all cases of offence J. (Virg., Georgj, iv., 289.— CatuU., 4.— Martial, i., 30, 13.— Cio. ad Att., i., 13.)— 2. (BeU. Civ., v., 95.)— 3. (CatuU., 1. c.)— 4. (Carm., iii., 8, 27, 28.)— 6. (Juv., xv., 127.)— 6. (Dioscor., ii , 130. — Galen, De Simpl., viii.— Adams, Append., s. v.) — 7. (T^e* ophr., vii.,- 12.— Dioscor., iv., 20.— Adams, Append., s.'t.J-hB, (Yid. Aristot., v., 25, and Geopon.,',i[iv., 19. — Athen., Deip., liv.— Griffith's Cuvier, viii,., 225.)— 9 (viii., 47.)— 10. (DemoitL. 0. Aristog., 793.— Isocr., c Callim., 375, ed. Steph.)— 11. (1.0.1 —12. (De Comit., 17&) ' 767 PHLdMOS. PHONOS. against the export and import laws,' the infamiation was laid before the emfiEKriTal Tov-e/iitopiov.'- Where public money had been embezzled or illegally ap- propriated, for which a faat; was maintainable, the evvdtKot were the presiding magistrates.' OfTehces relating to the mines came before the thesmothetae." Injuries done by guardians to their wards or wards' estate, whether a public prosecution or a civil action was resorted to, belonged to the jurisdiction of the archon, whose duty it was to protect orphans.^ All ij>aaei( were ri/iriTol dydJKef, according to Pollux,^ and he says to rifir/Biv iylyvero tUv adiKOvfiiviM, el xal cAAof irrr-p avrav ^rivtiev. By this we are to understand that the rifiriiia went to the state if the prosecution was one of a purely public nature^ that is, where the offence immediately affected the state ; but where it was of a mixed nature, as where a private person was injured, and the state only indirectly, in such case compensation was awarded to the private person. This was the case in prosecutions against fraudulent guardians. On the same ground, wherever the prosecutor had an interest in the cause beyond that Which he might feel as the vindicator of public justice, as where he, or some third person on whose behalf he inter- posed, was the party directly injured, and might reap advantage from the result, he was liable to the tirateVia, and also to the pajrment of the irpmror vela, just as he would be in a private action. Prob- ably this liability attached upon informations for carrying com to a foreign porti as the informer there ^t half the penalty if successful.' Where the ^afftf was of a purely public nature, the prose- cutor would be subject only to the payment of the Trapoorafftf, and to the thousand drachms if he failed to obtain a fifthpart of the votes, according to the common practice in criminal causes. ' Wheth- er, in those of a mixed nature, he was liable to these payments, as well as to the TrpWrdmo and iTtaBsXia, is a question which has been much dis- cussed, but cannot be settled. We have no speech left us by the orators on the subject of a ^airif j but only mention of a lost speech of'Lysias irpog.Triv ipdmv Tov bp^aviKov oIkov.' , : *PHASSA {(idaaa), the Ring-dove or Cushat, namely, the Columba palumhui, L. Sonini sa^s the modern Greeks call the Ramier of the French ^daaa, ' and le pigeon sauvage, TcXiarepi.' ' ♦PHELLUS (^a;iof), the Quercus suber, or Cork- tree.^' PHERNE ((jispvij). {Vid. Dos, Geeek.) PHIALA. {Yil Patera.) ■ - ; *PHILLYR'EA {ipiXltpea)i i\ie PMllyfedUtifoliii,. or BrOad-leaved true Phillyrea. Sibthorp found it growing abundantly in Candia, the ancient Crete." *PHILYRA {fMpa), the Tilia Europad, the Lime or Linden tree. Of the inner bark were formed strings for garlands, mats, &c." ■*PHLEOS (^*cuif), a species of Reed. Sprengel makes it the Arundo ampelodcsmos ; Stackhouse,the Arundo calamagrostis.^' *PHLOMOS ((j>Uiios) or PHLOMIS {^U/iii). " From the brief description," remarks Adams, "of the ipXo/ioi. and flo/iid^ by Dioscorides and Galen, it is difficult to determine their several genera and, species. Matthiolus, bodonaeus, and Sprengel are 1. (Demosth.,.o. Theocr., 1323.)— 2. (Isocr., c. fiallim., 372.^' hyt , Do PuM. Pecan,, 149.— De Aristoph. bon., 154, ed. Steph.)' —3. (Meier, Att. Proc, 64.) — 4. (Suidas, s. v. ^n'lris.— Demosth., o.Onet.,'865; o. Laor., 940 ; c. Nausimj,.991.)— 5. (viii., 48.)' — 6 -(Demosth., c. Thoocr., 1325 — BtSckh, Staalsh. der Athe- ■er,!., 93:)— 7. (Demoslh., o. Thewn, 13SSSi)^B. (Vid. BBckh, Id.,4v 376-382, 394-3915. — Meier, Att. Ptoo., 247-252, 732.— Plainer, Proo. und Kl., ii., *-17.) -9. (Adams, Append., a. V.)-^ 10. (Theophr., i., 5.)— 11. (Dioseor.j i., 125.— Tlieophr., H. P.; i ,fl. —Adams, Append., 8. v.) — 12. (Theophr., H. P., i., 12.^ e. PL, vi., 12, — Adams, Apjlend., a. T.) —II. (Theophr., it., 8y 10. — ^Adams, Append., 8. T.) 768 agreed that the^Tio/iog aypd is the Phlomit frultciK M, or Broad-leaved' Sage-tree. The female TievK^ \;a,Sia be- longed cases of accidental homicide, manslaughter, and attempts to commit murder {PovXcvaeic). Such a case as that mentioned by Demosthenes;* of an unlawful blow followed by death, would be man- slaughter. It seems, also, that this court had a concurrent jurisdiction with the Areopagus in char- ges of murderous conspiracy which was carried into effect. The law perhaps allowed the prosecu' tor to waive the heavier charge, and proceed against the offender for the conspiracy only." As to the supposed origin of this court, see Harpocration.' To the court im Ac/l^my were referred cases where the party confessed the deed, but justified it : av n; dfioXoy^ jiev KTetvat, tmofiuQ 6e 0^ deSpaKsvai. De- inosthenes calls it ayidTOTov koX ijipiKuSeafaTov.' As to the origin of this court, see Matthise, 152. In the Til tm Ilpuravci'tji the objects of prosecution were inanimate things, as wood, stone, or iron, which had caused the death of a man by falling on him.' Draco enacted thatthe cause of death should be cast out of the boundaries of the land {vnepopli^- eadac), in which ceremony the upx<->v PaacXei; was assisted by the ■^eXofoutXEif."' This was a relic of very rude times, and may be not inaptly compared with our custom of giving deodands. Matthiae" thinks there was an ulterior object in the investiga- tion, viz , that by the production of the instrument by which deatl. was inflicted, a clew might be found to the discovery of the teal murderer, tf any. The "1. (Sa'das,:^. v. 'Hyeiioila ScKdarriploo.-^Follxix, Onora., viii., DO, 125.— Wachsmuth, II., i., 308.)— 2. (Demosth., c. Aristocr., 627.)— 3. (Demosth., c. OdHon., 1264, 1265.^Matth., 148.)-4. (Harpocr. et Suiil., s. v. 'Et^/rai.) — 5. (c. NeiET., 1348.) — 6. (Harpocr.fS. V. HouAcutrew^.-^Aiitiph., rerpaX., 126, ed. Steph'.-^ Matth., ISO.)— 7. (s. V. 'Eir! TiaXhaSlijl.—PoUnK, Onom., viii., 118.)^ — 8. (c. Aristocr., 644. — Hai-pocr., s. v. 'Kirt AcX^tvflp.— Pollux, Onom., viii., 119.)— 9. (Harpocr., s. v, ''Exi UpVTavsita. —Pollux, Onora., viii., 129i.^Demosth., c. Aristocr.,- 645.) — lb; (Meier,' Att. Pioc, ll'.^^Suiilas, s. v. NiVui'. J^ .iEkIi., o. rtraiph., 88, ed. Staph.)-!!, (p. 154.) 5E court iv ippcarTot v/as reserved for a peculiar .case i where a man, after going into exile for ah uninten- tional homicide, and before he had appeased the rel- atives of the deceased, was charged with having committed murder. He was brought in a sbiu *o a place in the harbour called iv i^pearTol. vii l-kera pleaded his cause on board ship, whi'-J ne judges remained on land. If he was convicted, he s uffered thepunishmert of murder; if acquitted, he suffere the remainder of his former punishment. The ob jeet of this ctntrivance was to avoid pollution (foi the crime of the first act had not yet been expiated), and,' at the same time, to bring the second offence to trial.' To one or other of these courts all fovwai SUai were sent for trial, and it was the business of the apxiiv paatXevg to decide which. The task of pros- ecution devolved upon the nearest relatives of the deceased, and in case of a slave, upon ;he master. To neglect to prosecute, without good cause, was deemed an offence against religion ; that is, in any relative not farther removed than a first cousin's son {avEiptadov^). Within that degree the' law en- joined the relatives to prosecute, under penalty of an acre6eia^ ypat^fi if they failed to do so.' They might, however ^without incurring any censure), forbear to prosecute, where the murdered man had forgiven the murderer before he died ;' or, in casea of involuntary homicide, where the offender gave the satisfaction which the law required, unless the de- ceased had given a special injunction to avenge him.* The first step taken by the prosecutor was, to give notice to the accused to keep away from all puWic places and sacrifices. This was called vpoJ!- i>Tiai.;, and was given at the funeral of the deceased.' After this he gave a public notice in the market place; warning the accused to appear and answe to the charge : here he was said irpoentetv or npo ayopcveiv ^ovbv.' The next thing was to prefer the charge before the king archon. To such charge the term iinaKriTCTeadat or ive^ievai was peculiarly applied:' The charge was delivered in writing; the prosecutor was said aTroypa^eaBai diKr/v fovov.^ The king archon having received it, after first warn- ing the defendant amx^aBat tCiv /ivarripiuv koI tuv u)Aav vo/jtl/iav,^ proceeded in due form to the avd- Kpiaig. The main thing to be inquired into was the nature of the offence, and the court to which the cognizance appertained. The evidence and other matters were to be prepared in the usual way. Three months were allowed for this preliminary in- quiry, and there were three special hearings, one in each month, called SiaSmaaiaL, or {according to Bekker's reading) npoSiKaatai i'° after which, in the fourth month, the king archim elcijyE ttjv (K/i)?v." The defendant was allowed to put in a napaypa^ if he contended that the charge oUght to be tried in one of the minor courts." All the — 7. (Pollux, Onom., viii., 33, 118.— Harpocr., s. v. 'Effcffjc^jl^a to.— Antiph., KiiTJiy. (pappi.. Ill, ed. Steph.)— 8. (Antiph De Chor., 145, ed. Steph.) — 9. (Pollux, Onom., viii., 66, 90.)— IC. (ATitih..De Chor., 146, ed. Steph.) — 11. (Matth., 160.) —IS (Poll. I, Onom., viii., 57.)— 13. (Antiph:, De Her. Cied., 130, ed. Steph.)— 14. (PbJltti, Onom., viii., 90.) "(59 PHONOS. PHOAOS. auch a relationship to the deceased, and that be would, in conducting his case, confine himself to the question at issue ; the other declaring the charge to be false.' The witnesses on both sides were *orn in like manner," and slaves were allowed to appear as witnesses.' Either party was at liberty to mase two speeches, the prosecutor beginning, as may be seen from the TeTpaXoyia of Antiphon ; but both were obliged to confine themselves to the point at issue.* Advocates (awjyopoi) were not admitted to speak for the parties anciently, but in later times they were.' Two days were occupied in the trial. After the first day, the defendant, if fearful of the result, was at liberty to fly the coun- try, except in the case of parricide. Such flight could not be prevented by the adversary, but the property of the exile was confiscated." On the third day the judges proceeded to give their votes, for which two boxes or urns were provided {v6piai or ufi^opeU), one of brass, the other of wood ; the former for the condemning bafiots, the latter for those of acquittal. An equal number of votes was an acquittal ; a point first established (according to the old tradition) upon the trial of Orestes.' As the defence might consist either in a simple denial of the killing, or of the intention to kill, or in a justification of the act, it is necessary to inquire what circumstances amounted to a legal justifica- tion or excuse. We learn from Demosthenes' that it was excusable to kill another unintentionally in a gymnastic combat, or to kill a friend in battle or ambuscade, mistaking him for an enemy; that it was justifiable to slay an adulterer If caught in ipso delicto, or a paramour caught in the same way with a sister or daughter, or even with a concubine, if her children would be free. (As to an adulterer, see Lysias.') It was lawful to kill a robber at the time when he made his attack (raflif afivvd/ievov), but not after.'" By a special decree of the people, made after the expulsion of the Thirty Tyrants, it was lawful to kill any man who attempted to es- tablish a tyranny, or put down the democracy, or committed treason against the state." A physician was excused who caused the death of a patient by mistalce or professional ignorance.'" This distinc- tion, however, must be observed. Justifiable homi- cide left the perpetrator entirely free from pollu- tion {KoBapov). That which, though unintentional, was not perfectly free from blame, required to be expiated. See the remarks of Antiphon in the Te- TpaXoyia, b. R3. It remains to speak of the punishment. The courts were not invested with a discretion- ary power in awarding punishment ; the law deter- mined this according to the nature of the crime." Wilful murder was punished with death.'* It was the duty of the thesmothetae to see that the sen- tence was executed, and of the Eleven to execute it." We have seen that the criminal might avoid it by flying before the sentence was passed. Mali- cious wounding was punished with banishment and confiscation of goods." So were attempts to mur- der {^ovlevcuc:). But where the design was fol- lowed by the death of him whose life was plotted against, and the crime was treated as a murder, it 1. (Antiph., Dc Her. Csd., 130, 140 ; De Chor., 143, cd. Steph. — Demosth., c. Euerg., 1161.— Matth., 163.— Wachsmuth, II., i., 336.)— 2. (Antiph., ib., et 131, ed. Steph.— Meier, Att. Proc, 675.)— 3. (Meier, Att. Proc, 667.)— 4. (Lys., c. Simon., 100.— Antiph., De Chor., 143, ed. Steph.)— 5. (Matth., 164, )_6, (Pol- lux, Oiiom., viii., 1 17. — Demosth., c. Aristocr,, 634, 643.- Matth., 167.)— 7. (iEschyl.,Eumen., 753. — Matth., 165.) — a (n. Aris- tocr,, 637.)— 9. (De Eratosth. Cied., 94, ed Steph.)— Itt (De- mosth., c. Aristocr., 629.) — 11. (Lycurg., c. Leocr., 165. — An- doc , De Myst., 13, ed. Steph.)— 12. (Antiph., rtrpoX., 127, ed. Steph )— 13. (Demosth., c. Nea:r., 1372.)— 14. (Antiph., De Her. Csed., 130, ed. Steph.— Demosth,, c. Mid., 528.)— 15. (Demosth.. 0. Aristocr., 630. — Meier, Att. Proc, 74. — SchSmann, Ant. Jur. Publ. Gr., 240 )— 16. (Lys., c Simon., 100.— Matth., 14S ) 770 might be punished with death, at least \J it wai tried in the Areopagus ; for it is doubtful whethei the minor courts (except that iv ^ptarToV) had the power of inflicting capital punishment.' If the criminal who was banished, or who avoided his sentence by voluntary exUe, returned to the coun- try, an evSet^is might forthwith be laid against hira, or he might be arrested and taken before the thes- mothetas, or even slain on the spot.' The proceed- ing by uTvayuyij (arrest) might perhaps be taken against a murderer in the first instance, if the mur der was attended with robbery, in which case the prosecutor was liable to the penalty of a thousand drachms if he failed to get a fifth of the votes.' But no murderer, even after conviction, could law- fully be killed, or even arrested, in a foreign coun- try.* The humanity of the Greeks forbade such a practice. It was a principle of international law, that the exile had a safe asylum in a foreign land. If an Athenian was killed by a foreigner abroad, the only method by which his relatives could ob- tain redress was to seize natives of the murderer's country (not more than three), and keep them until the murderer was given up for judgment.' Those who were convicted of unintentional hom- icide, not perfectly excusable, were condemned to leave the country for a year. They were obliged to go out (e^ipxeaBai) by a certain time, and by a certain route {raKTr/v ddov), and to expiate their of- fence by certain rites. Their term of absence was called aireviavTiaftoc- It was their duty, also, to appease {aiSslaBat) the relatives of the deceased, or, if he had none within a certain degree, the mem- bers of his clan, either by presents or by humble entreaty and submission. If the convict could pre- vail on them, he might even return before the year had expired. The word aiSeiaBat. is used not only of the criminal humbling himself to the relatives, but also of their forgiving hun.' The property of such a criminal was not forfeited, and it was un- lawful to do any injury to him, either on his leaving the country or during his absence.' Such was the constitution of the courts and the state of the law as established by Solon, and mostly, indeed, by Draco ; for Solon retained most of Dra co's (fiovMol vo/iot.' But it appears that the juris- diction of the ti^erai in later times, if not soon after the legislation of Solon, was greatly abridged, and that most of the fjiovmal SUai, were tried by a com- mon jury. It is probable that the people preferred the ordinary method of trial, to which they were accustomed in other causes, criminal as well as civil, to the more aristocratical constitution of the court of iferai. Their jurisdiction in the courts h fpeaTToi and em TipvTavciu was, no doubt, still re- tained ; and there seem to have been other peculiar cases reserved for their cognizance.' Whether the powers of the Areopagus, as a criminal court, were curtailed by the proceedings of Pericles and Ephi- altes, or only their administrative and censorial au- thority as a council, is a question which has been much discussed. The strong language of Demos- thenes'" inclines one to the latter opinion. See also Dinarchus," from which it appears there was no ap- peal from the decision of that court.'" 1. (Matth., 150.— Schomann, Ant. Jur. Publ. Gr., 294.— Meier, Att. Proc, 313,)— 2, (Suidas, s. v. "Ei/ici^is.- Matth., 168.)— » (Demosth., c. Aristocr., 647.— Meier, Att. Proc, 231.)— 4. (D«- mosth., c. Aristocr., 631, 632.) — 5. (Demosth., c Aristocr., 6'^7' — Pollux, Onom., viii., 50. — Ilarpocr. and Suidas, s. v. 'Av^poA^* ^tov.) — 6. (Wachsmuth, II., i., 268. — Harpocr., s, v. ^Ym^iovla- — Demosth., c Pantxn., 983; c Macart., 1069; c Aristocr. 643.— Matth., 170.)— 7. (Demosth., c Aristocr., 634.)— 8. (De- mosth., c Euerg., 1161 ; c Aristocr., 636. — Wachsmuth, II., i 241.)— 9. (Pollux, Onom., viii., 125.— Matth., 168.— SchBmann, Ant. Jur. Pcib. 296.)— 10. (c Aristocr., 641.)— 11. (c Arislog. init.)— 12. (Matlh., 166.— Plainer, Proc und Kl., i., 27.— Sch* mann. Ant. Jur. Pub., 301.— Thirlwall, Gi. Hist., Tlil iii., c. 17 p. 24.— Waclisn: Bth, II., i,, 318.) PHTHEIR. PHYLOBASILEIS. No extraoroiinaiy punishment was imposed by the Athenian legislator on parricide. Suicide was not considered a crime in pmnt of law, though it seems to have been deemed an offence against re- ligion ; for, by the custom of the country, the hand of the suicide was buried apart from his body.' *0'NOY AIKH. {Vid. Phonos.) *OPAS A$ANOTS, ME9HMEPINHS AIKH ((jiopu^ afavovg, /ieOri/iEpivijf dixij) is enumerated by Pollux^ among the Athenian SUai, but we have no satisfactoiy explanation of the meaning. Kiihn {vid. note to Dindorff's edition) explains it thus : "Actio in servos operarios, qui non prcestabant dom- ino fopav a^avovc, pensionem, mercedes de operis ijucc erant d^nf^, i. «., non incurrebant in oeulos, uli facultates et opes manifestce. Erat et (popu /ledri/ie- pivfi, mercedes diumm. iopav illam Gl. appellant, quia offerebatur domino a servis, vel conductor fere- bat conductis opcrariis. Dicitur et aTro^opa." This can hardly be correct, as we have no authority for supposing that an action could be brought by a master against his servant. It might, with greater probability, be conjectured to be an action by the owner of slaves employed in manufactures against the person to whom they were let out, to recover the reserved rent, which might be a certain portion of the profits accruing from day to day, and would be ai^avrii to the owner until he got an account from the other party. As to the practice of lending slaves, vid: Demosth., c. Aphob., 819, 839. Meier" conjec- tures that the true reading might be ipapug, theft, or ^upa;, search ; in which case the action would be one for unlawfully searching a person's house, either secretly (lubavovc), or openly in the daytime (jieBrjfiipivTi^). The first conjecture, at least, is highly improbable, as there was a dinri Klomj;. PHORBEIA {(jiop6eia) was a strap fastened at the back of the head, with a hole in front fitting to the mouthpiece ; it was used by pipers and trumpeters to compress their mouths and cheeks, and thus to aid them in blowing. See the references under CiPisTRUM, and a woodcut on p. 240, which repre- sents a woman with the fopSeia. PHORMINX (.(l>6p/uy^). {Vid. Lyra.) *PHOU {^ov), the Valeriana officinalis or great Wild Valerian.* *PHOXI'NUS {(^o^lvoc), the Cyprinus Phoxinus, L., or the Minnow. Gesner, however, questions this opinion." PHRATRIA {fpaiTpia). {Vid. Civitas, Gkeek.) PHRY'GIO. {Vid. Pallium, p. 718.) *PHRYGIUS LAPIS (*puyior ^iBoc), the Phry- gian stone of the ancients, according to Adams and other authorities, would appear to have been a pum- ice, with an admixture of alum and other ingredi- ents.' *PHRYNOS {fpiivoc), a species of Toad, the Ricbeta of the Latins. " Commentators are greatly puzzled," remarks Adams, " to determine what it was. After comparing the ancient accounts of it with the characters of the Bufo comutus, as given in the Encyclopedic Methodigue, I was forcibly struck vrith their coincidence, and it affords me pleasure to find that Schneider also identifies the Phrynus or Rubeta with the Bufo comutus. Agricola con- firms the ancient statements of its being venomous, but few modern naturalists agree with him. The ^(wvo( Ka^og (called nalafiiTTi by the schohast on Ni- cander) would seem to have been the Bufo calami- ta. Russel supposed it venomous. Agricola calls it a small green animal, and denies that it is mute.'" *PHTHEIR {(fflsip), the Pediculus communis, or 1. (.ajsch., c. Ces., 88, ed. Steph.)— 2. (Onom., viii., 31.)— 3. (Att. Proc, 533.)— 4. (Diosoor., i., 10.— Galen., De Simpl.,viii.— Adams, Append., s. v.) — 5. (Aiistot., vi., 12, &c. — Adams, Ap- pend,, a, V.)— 6. (Dioscor., v., 140. — Galen., De Simpl., viii. — AiUn's, Append s. v.) — 7. (Adanw, Append., s. v.) common Louse. Aristotle notices the lice which form on fishes. Donnegan, in speaking of these, calls them " a kind of small shellfish, that fixes upor and derives its food from the bodies of other fishes, familiar examples of which may be noticed in the common prawn (on the corslet of which a protu- berance may often be observed, the parasite being covered by a coating of the shell), as also in the mussel.'" *n. The fruit of a species of Pine, the Pinus Pinaster. Consult the remarks of Ritter, in his Vorhalle Europ. Volkergesch., p. 154, in relation to the vy^). {Vid. Banishment, Geeek.) PHYLARCHI {fvXapxoo), generally the prefects of the tribes in any state, as at Epidamnus, where the government was formerly vested in the ^uAap- Xoi, but afterward in a senate.* At Athens, the of- ficers so called were (after the age of Cleisthenes) ten in number, one for each of the tribes, and were specially charged _with the command and superin- tendence of the cavalry.' There can be but little doubt that each of the phylarchs commanded the cavalry of his own tribe, and they were themselves, collectively and individually, under the control of the two hipparchs, just as the taxiarchs were sub- ject to the two strategi. According to Pollux,' they were elected, one from each tribe, by the archons collectively; but his authority can hardly be con- sidered as conclusive on this point. Herodotus' informs us that, when Cleisthenes increased the number of the tribes from four to ten, he also made ten phylarchs instead of four. It has been thought, however,' that the historian should have said ten phylarchs in the place of the old (jivTioBaaiT^ecc, who were four in number, one for each of the old tribes." *PHYLLI'TIS {ipvUins). "It appears proba- ble," remarks Adams, " that the ipvMov alluded to by Dioscorides and Theophrastus was the Mercuri- alis annua. The (jivMov of Galen and of Paulus -Egineta is a very different substance, namely, the leaf of the fia?i.d6aBpov. Apicius uniformly calls the Malabathrum, or Cassia leaf, by the name of Folium."^' PHYLOBASILEIS {fvXodaaaclc). The origin and duties of the Athenian magistrates so called are involved in much obscurity, and the little knowledge we possess «n the subject is derived al- most entirely from the grammarians. In the ear- liest times they were four in number, representing each one of the four tribes, and probably elected (but not for life) from and by them." They were nominated from the Eupatridae, and during the con- tinuance of royalty at Athens these " kings of the tribes" were the constant assessors of the sover- eign, and rather as his colleagues than counsel- lors." From an expression in one of the laws Oi 1. (Aiistot., H. A., T., 31 .—Adams, Append., s. v.— Donnegan'g Lei., 4th edit., s. y.)— 2. (c. Timarck., 2, ed. Steph.)— 3. (Aristot., vi., 3 ; viii., 10.— Oppian, Hal., i. — Athen., vii. — Pliny, II. N., ix., '26.— Adams, Append., s. v.) — 4. (Aristot., Pol., v., 1.)— 5, (Harpocr., s. v. — Pollux, Onom., viii., 94.)— 6. (Onora., viii., 94.) — 7. (v., 19.)— 8. (Titmann, Staatsv., 274, 275.)— 9. (7t4 Wachsmuth, Hell. Alt., i., 1, 4 48, p. 270.)— 1.\ Dioscor., iii.. 111. — Galen., De Simpl., iv. — ^Adajns, Append., u v.) — 11. 'H» sych., s V.) — 12. (Thirlwall, Hist, of Greece, vol. ii., p. 11 • VTl PHYSIOLOGIA. PHYSIOLOQIA Solon,' it appears that before his time the kings of the tri>ies exercised a criminal jurisdiction in cases of muidijr or high treason; in which respect, and as connected with the four tribes of the city, they may be compared with the " duumviri perduellionis" it Rome, who appeared to have represented the xo ancient tribes of the Ramnes and Tities.' They were also intrusted (but perhaps in later times) with the performance of certain religious rites ; and as they sat in the ^aaOieiov,' they prob- Bbly acted as assessors of the apxiM ^aaiXevQ, ot "rex jocri/icuiMs," as they had formetly done of the King. Though they were originally coimeeted with the four ancient-tribes, still they were not abolish- ed by Cleisthenes when he increased the number of tribes and otherwise altered the constitution of Athens, probably because their duties were mainly of a religiouscharacter.* They appear to have ex- isted even after his time, and acted as judges, but in unimportant or merely formal matters. They presided, we are told,' over the court of the Ephe- tas, held at the Prytaneium, in the nlock trials over^ instruments of homicide (oi tSiv &i\>ix(M diKot), and it was part of their duty to remove these instru- ments beyond the limits of their country (to i/iire- aov aipvxov VTrepopiaai). ■ We may reasonably con- clude that this jurisdiction was a reUe of more im- portant functions, such as those described by Plu- tarch,' from. which, and their connexion with the Prytaneium, it has been conj ectured that they were identical with the old Prytanes.^ Plutarch' speaks of them both as ^anCXel^ and Trpuraveif. In a 1/17- i^iJTiia, quoted by Andocides,' the title of ^aatlEig seems to be applied to them. *PHYS'ALUS {(j>iaa)iOC) and PHYSE'TER C^- cnrf/p). " Aristotle applies the term fvariTrip to the spiracle or airhole of the whale. It is afterward applied by Strabo to the fish itself Artedi accord- mgly refers it, with thB^vaoKog of JE&axi, to the BaliBna physalus, or Fin-fish."'° PHYSIOLO'GIA (^vcnoloyiKrj), one of the five divisions into which, according to some of the an- cient vrriters, the whole science of medicine was divided. ( Vid. Medicina.) It treats, as its name implies (^liaif, nature, and Xoyog, a discourse)^ of the nature and functions of the human body, which agrees with the definitions found among Galen's works ;" and as a knowledge of the parts of the human body (or anatomy) is a necessary step to a knowledge of itsfunctinnsi it will be included here under the same head. The first beginnings of anatomical knowledge would arise from the inspection of the victims of- fered in sacrifices, and from the dressing of wounds and other bodily injuries ; the progress, however, that was thus made would naturally be very slow and imperfect, and it was soon found that anatomy could only be learned by a careful inspection of the internal parts of the animal frame, or, in other words, by systematic dissection. The Pythagorean philosopher, Alcmason, is said by Chalcidius'" to have been the first person who dissected animals (about B.C. 540) ; this was an important step, and with this anatomists remained content for more than two hundred years. Alcmseon appears to have made considerable advances on the knowledge of his predecessors. The most important of his dis- coveries was that of the Eustachian tube, or canal Uading from the anterior and inner part of the tym- panum to the fauces ; and his mistake in saying 1. (Plut. in Vit., 0. 19.)— 2. (Niebuhr, E. H., )., p. 304, Engl, transl.)— 3. (Pollux, Onora., viii.. 111.) — 4. (WMhsmuth, II., i., 307.)— 5. (Pollux, Onom., viii., 120.)— 6. (Solon, c. 19.J— 7. fWaohsmuth, I., i., 246.— Malldr, Eumcn., « 67.)— 8. (1. c.)— 9. (De MjTst., p. 11.)— 10. (Aristot., H. A., vi., U.— Strabo, p. 145. — .^lian, ix., 49. — Adams, Append.; s. v.) — 11. (Introd,, c. 7, torn, xiv., p. 689. — Definit. Med., c, 11, torn, xix., p. 351, ed. KOhn.)— 12. (Comment, in Flat. Timteum, p. 340,ed. Meurs.) 772 that goats breathe Jhrough the ear ( which, ia coi rected by Aristotle') may be easily explained bj supposing that in the animal that he disse^em mort- gage. Many of the things comprehended in the Roman law of pledge belong to the English taw of lien, and to other divisions of EngUsh law which are not included under pledge or mortgage.' There is an English treatise, entitled "The Law 1. (Digj 20, tit. 4, a. 16.,)— 2. (Inst., iv., tit. 6, a. 7.)— 3 10, tit. 1,2, 3, &o— Cod, viii. tjt 14, 15, fcc.) ■ Dif Plt.A. PILEUS. of Pledges or Pawns, as it was in use among the Romans, &c., by Johki Ayliffe, London, 1733," which appears to contain all that can besaid, but the author's method of treating the subject is not perspicuous. PILA {aijialpa), a Ball. The game at ball (a^acpia- rtitij) was one of the most favourite 'gymnastic ex^ ercises of the Greeks and Romans from the eariiest 'mes to the fell of the Roman Empire. As the an- cients were fond of attributing the indention of all games to particular persons or occasions, we find the same to be the case with respect to the origin of this game ;' but such statements do not deserve attention. What is more to the purpose in refer- ence to its antiquity is, that we find it mentioned in the Odyssey," where it is played by the Phaeacian damsels to the sound of music, and also by two cel- ebrated performers at the court of Alcinous in a most artistic manner, accompanied with dancing. The various movements of the body required in the game of ball gave elasticity and grace to the figure, whence it was highly esteemed by the Greeks. The Athenians set so high a value on it, that they conferred upon Aristonicus of Carystus the right of citizenship, and erected a statue to his honour, on account of his skill in this game.^ It was equally esteemed by the other states of Greece ; the young Spartans, when they were leaving the condition of ephebi, were called acj>ai.psig,* probably because their chief exercise was the game at ball. Every complete gymnasium had a room (aipaipicr- rripiov, BtialptaTpa) devoted to this exercise {vid. GyMNASiuji), where a special teacher (aalToc\ probably the Mdtha, or Mineral Pitch of modem mineralo- gists. Cleaveland says of it : " The ancients are reported to have employed it as a cement in the construction of walls atid buildings."" *PISTAC'IA {izidTaKii), the Pistachio-nut-tree, or Pistachia vera.' " The Pistachio nut is very cele- brated," says Adams, "in the East and in Sicily. Galen says that it possesses a certain degree of bit- terness and astringency, and that it proves useful in obstructions of the liver, but that it affords little nourishment. He adds that it is neither beneficial nor injurious to the stomach. Simeon Seth remarks that the moderns looked upon Pistaes as stomachic. Averrhoes speaks highly of them. Rhases says they are of a hotter nature than almonds. Theophras- tus describes the Pistachio-tree as a species of tur- pentine, and it is now acknowledged as such." PISTILLU.M. (Vid. MORT.VEIHM.) PISTOR (aprovoioc), a Baker, from pinsere, to pound, since corn was pounded in mortars before the invention of mills. (Vid. Mola.) At Rome bread was originally made at home by the women of the house ; and there were no persons at Rome who made baking a trade, or any slaves specially kept for this purpose in private houses, till B.C. ITS.* In Varro's time, however, good bakers were highly prized, and great sums were paid for slaves who excelled in this art.' The name was not con- fined to those who made bread only, but was also, given to fiHstry-cooks and confectioners, in which ease, however, they were usually called pisiores dul- ciarii or candidarii ' The bakers at Rome, like most otljer tradespeople, formed a collegium.' I (Theophr., H. P., i., 3. — Dioscor., l^ BO.^-Adams, Append., B. v.— Wal pole's Memoirs, vol. i., 235, .239^ — 2. (Dipscor., i., 100. — Adams, Append.,, s. v.)— 3. (Nicand., Pheriac, 891. — Ad- ams. Comment, in Paul. iEgin., t07.)^4. (Plin., H. N., xviit., 11, s. 28.)— 5. (GeU., XV., 19.)— 6. (Mart., xvi., 222. — Orelli, user., u. 4263.)— 7. (Dig. 3, tit. 4, s. 1.— Dig 27, tit. 1, s. 46.) 7sn Bread was often baked in moulds called ertoplit,y and the loaves thus baked were termed areoptimim In one of the -bakehouses discovered at Pompeiiis several loaves have been found apparency bakediiii' moulds, which may therefore be regarded: as artop- ticii; they are represented below. ■ Tbfgp arc flat, and about eight inches in diameter. . ; ~ / Bread was not generally made at home at- Ath- ens, but was sold, in the market-place chiefly bj women called upronuXidsc,' These women . seem to have been what the fish- women of London are at present; they excelled in abuse, whence Aristoph« anes' .says, XoiSojitladai. iiaTrep apTojTu^uSac;.^ ■• n PISTRI'NUM. (KR Moi.A,MoKTAEiuM.y ■! *PITHE'CUS. (Vid. SmiA.), • *PITYOCAMPE (7riruo/cu^7r)7), the Caterpillar ol. the pine-tree. " Sprengel remarks that there are several species of caterpillars which infest pines, such as the Liparis monacha, Lasiocampi pirn, &c. They are treated of as being deadly poisons by Di- oscorides and the other writers on Toxicology."' *PITYS (TTi'-uf), the Pinus pinea, or Stone Pine. " Stackhouse," says Adams, " complains of the dif- ficulty of distinguishing the ,nevKi! from the m'-nii of Theophrastus. Both Sprengel and Stackhouse think they see traces of the Larch, or Pinus larix, in the irirvg (jideipo(j)6poc, but I agree with Schneider that there are no certain grounds for this opinion. Sprengel sets down the wirvs of Dioscorides as be- ing the Pinus pjnea, or Stone, Pine." According to Coray, the niryc is called in modern Greek kokko- vapia, from the fruit KOKKuvuptov, anciently called ffrpdSt/lof. KoK/«jv)? also was an ancient name. The kernels of the Stone Pine are brought to table in Turkey. According to Russell, they are very com- mon in the kitchens of Aleppo. The seeds of the Stone Pine are still collected with great industry in Elis, and form an object of exportation to Zante and Cephallonia, as well as other places. Both the mTuf and ■jrtinrj are much used for ship-building. Their timber is said to be much harder and tougher than that of our northern firs, and, consequfently, more lasting.' PL.EtORIA LEX. (F?i Cokatop..). PLAGA. (Vid. Rete.) PLAGIA'RIUS. .(Fid. Plagidm.) PLA'GIUM. This offence was the subject of a Fabia lex, which is mentioned by Cicero,' and is as- signed to the consulship of Quintus Fabius and M. Claudius Marcellus, B.C. 183. The chief provisions of the lex are collectedfrom the Digest :* " If a free- man concealed, kept confined, or knowingly, with dolus mains, purchased an ingenuus or libertinus against his will, or participated in any such acts ; or if he persuaded another man's male or female slave to run away from a master or mistress, or without the consent or knowledge of the master 1. (Plin., H. N., jcviii., 11, s. 97, 28.— Plant., Aulul., ii., 9, 4.) —2. (Compare Aristoph.,Vesp., 1389, &c.)— 3. (Id., Ran.,8M.; —4. (Becker, Chankles, vol. i., p. 284.)— 5. (Adams, Append, s. V.)— 6. (Theophr,, H. P., iii., 7,— Id., c. PI., i., 9.— Diowor, i., 86. — ^Adams, Append., B, V.)— 7 (Pro Rabirin, c 3 ) -8 (4^ tit. 14, s. 6.) PLAUSTRUM PLEBES. or inistress cancealed, kept confined, or purchased loiovKingly, with dolus malus, such male or female slave, or participated in any such acts, he was liable to the penalties of the lex Fabia.'' The penalty of the lex was pecuniary ; but this fell into disuse, and persons who offended against the lex were punished iceording to the nature of their offence, and were generally condemned to the mines. A senatus con- sultum ad, legem Fabiam did not allow a master lo give or sell a runaway slave, which was tech- nically called " fugam vendere ;" but the provis- ion did not apply to a slave who was merely ab- sent, nor to the case of a runaway slave when the master had commissioned any one to go after him and sell him: it was the object of, the provision to encourage the recovery of runaway slaves. The name of the senatus consultum by which the lex Fabia was amended does not appear. The word plagium is said to come from the Greek TrXaytOf, ob- lique, indurect, dolosus. He who committed pla- gium was plagiarius, a word which Martial' applies to a person who falsely gave himself out as the au- thor of a book ; and in this sense the word has come into common use in our language.' *PLAT'ANUS (wMravof), the Plane-tree. " There can be no doubt," remarks Adams, " that the n-^Tovof of Theophrastus, Dioscorides, and others, is the Platamts Orientalis, or Eastern Plane- tree. Its fruit forms into spherical balls, which were called a^aipta by the Greeks, and pilulae by the Latins." Another name for this tree was jr;i.a- TavwToi. Both appellations are derived from ttAo- Ttif, " broad," as referring to the, spreading branches and broad leaves of the Plane-tree.^ PLAUSTRUM or PLOSTRUM, dim. PLOSTEL- LUM (ufiaSa, dim. i/iafif), a Cart or Wagon. This vehicle had commonly two wheels, but sometimes four, and it was then called the plaustrum \majus. The invention of four-wheeled wagons is attributed to the Phrygians.' Besides the wheels and axle, the plaustrum con- sisted of a strong pole (temo), to the hinder part of which was fastened a table of wooden plauks; The blocks of stone, or other things to be carried, were either laid upon this table without any other supr port, or an additional security was obtained by the use either of boards at the sides (in-«,orepja*), or of a large wicker basket tied upon the cart (irciptvf •). The annexed woodcut, taken from a bas-relief at Rome, exhibits a cart, the body of which is sup- plied by a basket. Similar vehicles are still used in many parts of Europe, being employed more es- pecially to carry charcoal. In many cases, though not universally, the wheels were fastened to the axle, which moved, as in our chUdren's carts, within wooden rings adapted for its reception, and fastened to the body. These rings were called in Greek dfia^oiroie;, in Latin arhtscula. The parts of the axis which revolved within them were sometimes cased with iron.' 1. (Ep., i., 53.)— 2. (Dig. 48, tit. 15.— Cod., ij., 20.— Paulus, S R.,i.,.tit.6, A.)^3. (Tli(iophr„H.P.,i.,4.— DibsMr.,!., 107.— Adams, Append., s. v.)— 4. (Plia., H. N., vii., 66.)— 5. (Horn., Od., Ti., 70. — Plato, ThoMt., p. 467, ed. Heindorff.)— 6. (Horn., Il,xiiv., 267.— OJ., XT., 131.)— 7 (VltruT., i., 30, • 14.) The commonest kind of cart-wheel was thatcaUen tympanum, "the drum," from its resemblance t« the.musical instrument of the same name.' It wat nearly a foot in thickness, and was made either bj^ sawing the trunk of a tree across in a horizontal i\ rection, or by nailing together boards of the requi site phape and size. It is exemplified in the prece dine woodcut, and in the sculptures on the arch ol Septimius ScTerus at Rome. Although these wheeb were excellent for keeping the loads in repair, an( did not cut up the fields, yet they rendered it ne cessary to take a long circuit in turning. They ad vanced slowly." They also made a loud creaking which was heard to a great distance (stridentia plaustni,' gemmtia*). Their rude construction made them liable to be overturned with their load of stone, timber, manure, or skins of wine,= whence the Emperor Hadrian prohibited heavily-loaded wag- ons from entering the city of Rome." The wagon- er was sometimes required to aid the team with his shoulder. Accidents of this kind gave origin to the proverb " Plaustrum perculi," meaning, " I have had a misfortune."' Carts of this description, hav- ing solid wheels without spokes, are still used in Greece' and in some parts of Asia.' PLEBETI LUDL {Vid. Lhdi Plebeii.) PLEBES or PLEBS, PLEBEII. This word con- tains the same root as im-pleo, com-pleo, &o., and is, therefore, etymologically connected with tt%7j- flof, a term. which was applied to the plebeians by the more correct Greek writers on Roman his- tory, while others wrongly called, them Stjiiof or ol STJfiOTlKOi. The plebeians were the body of commons or the commonalty of Rome, and thus constituted one of the two great elements of which the Roman nation consisted, and which has given to the earlier peri- ods of Roman history its peculiar character and in- terest. Before the time of Niebuhr, the most in- consistent notions were entertained by scholars with regard to the plebeians and their relations to the patricians ; and it is one of his peculiar merits to have pointed out the real position which they occu- pied in the history of Rome. The ancients themselves do not agree respecting the time when the plebeians began to form a part of the Roman population. Dionysius and Livy repre- sent them as having formed a part of the Romans as early as the time of Romulus, and seem to con- sider them as the low multitude of outcasts who flocked to Rome at the time when Romulus opened the asylum.'" If there is any truth at all in these accounts of the plebeians, we can only conceive them to have been the original inhabitants of the districts occupied by the new settlers (Romans), who, after their territory was conquered, were kept in thsit state of submission in which conejuered na- tions M'cre so frequently held in early times. There are also some other statements referring to such an early ex'Stence of the plebeians ; for the clients, in the time of RomulUs, are said to have been formed out of the r'ebeians." In the early times of Rome, the position of a client was in many respects un- doubtedly faj more favourable than that of a ple- beian, and it is not improbable that some of the plebeians may for this reason have entered into the relation of clientela to some patricians, and have given up the rights which they had as free plebe- ians ; and occurrences of this kind may have given 1. (Viirro, De Be Rust., iii.. 5.— Virg., Georg., ii., 444.)— 2 (Viig., Georg., i., .138.)— 3. (Virg., Georg., iii„ 536.)— 4. (Id.. J3n., xi., 138.)— 5. (Juv., iii., 241-243:)— 6. (Spartir.n, Hadr. 22.)— 7. iPlaut., Epid., IV., ii., 22.)— 8. (DodweU's T.-ar, t.J. ii.' p. 102, 1(13.) — 9. (Sir R K. Porter's Travels, vol. li.. d 533 : — 10. (Diimys., i., 8.— Liv., i., 8)— 11. (Diony?., i B-^Pl'it Romui., 13.— Cic, De Republ , u, 9. -Featus, s tc Pttrou nia.^ 781 PLEBES. PLEBES. rise 'o the story mentioned by the wiiters just re- ferred to. Whatever may be thought of the existence of plebeians at Rome in the earhest times, their num- ber, at all events, cannot have been very great. The time when they first appear as a distinct class of Roman citizens, in contradistinction to the patri- cians, is in the reign of Tullus Hostilius. Alba, the head of the Latin confederacy, was in his reign taken by the Romans and razed to the ground. The most distinguished of its inhabitants were transplanted to Rome and received among the pa- •ricians ; but the great bulk of Alban citizens, who were likewise transferred to Rome, received settle- ments on the Caelian Hill, and were kept in a state of submission to the populus Romanus, or the patri- cians. This new population of Rome, which in num- bar is said to have been equal to the old inhabitants cf the city, or the patricians, were the plebeians. They were Latins, and, consequently, of the same blood as the Ramnes, the noblest of the three pa- trician tribes.' After the conquest of Alba, Rome, in the reign of Ancus Marcius, acquired possession of a considerable extent of country, containing a number of dependant Latin towns, as Medullia, Fi- denae, Politorium, Tellens, and Ficana. Great numbers of the inhabitants of these towns were again transplanted to Rome, and incorporated with the plebeians already settled there, and the Aven- tine was assigned to them as their habitation." Some portions of the land which these new citizens had possessed were given bac".: to them by the Ro- mans, so that they remained free land-owners as much as the conquerors themselves, and thus were distinct from the clients. The order of plebeians, or the commonalty, which had thts been formed, and which far exceeded the populus in number, lived partly in Rome itself in the districts above mentioned, and partly on their 'ormer estates in the country subject to Rome, in towns, villages, or scattered farms. The plebeians were citizens, but not optimo jure; they were per- fectly free from the patricians, and were neither contained in the three tribes, nor in the curiae, nor in the patrician gentes. They were, consequently, excluded from the coniitia, the senate, and all civil and priestly offices of the state. Dionysius is great- ly mistaken in stating that all the new citizens were distributed among the patrician curies, and under this error he labours throughout his history, for he conceives the patricians and plebeians as having been united in the comitia curiata.' That the plebeians were not contained in the curies is evident from the following facts : Dionysius him- self* calls the curies a patrician assembly ; Livy' speaks of a lex curiata, which was made without any co-operation on the part of the plebeians ; and those who confirm the election of kings or magis- trates and confer the imperium, are in some passa- ges called patricians, and in others curiae,' which shows that both were synonymous. That the ple- beians did not belong to the patrician gentes, is ex- pressly stated by Livy.' The only point of contact between the two estates was the army ; for, after the inhabitants of Alba had been transplanted to Rome, Tullus Hostilius doubled the number of le- gions of the Roman army.* Livy also states that Tullus Hostilius formed ten new turmae of equites ; but whether these new turmae consisted of Albans, as Livy says, or whether they were taken from the three old tribes, as Gottling' thinks, is only matter 1. (Liv., i., 30.— Dionys., iii., 29, 31.— Val. Max., iii., 4, i) 1.) -2. (Liv., i., 33.— Dionys., iii., 31, 37.)— 3. (iv., 12; ix., 41.)— -i. (iv., 76, 78.)— 5. (v., 46.)— 0. (Dionys., ii., 60 ; vi., 90 ; x., 4. — Liv., vi., 42. — Compare Niebuhr, Hist, of Rome, ii., p. 120.) -7. (X., 8.)— 8 (Liv., i., 30.) — 9. (Gesch (ler E3m. Staatsv., . 225.) T82 of speculation. The plebeians were tluis obliged ttt fight and shed their blood in the defence and sup- port of their new fellow-citizens, without being al- lowed to share any of their rights or privileges, and without even the right of inteTiaarnageXconnubium). In all judicial matters they were entirely at the mercy of the patricians, and had no right of appeal against any unjust sentence, though they were not, like the clients, bound to have a patronus. They continued to have their own sacra which they had before the conquest, but they vpere regulated by the patrician pontiffs.' Lastly, they were free land- owners, and had their own gentes. That a ple- beian, when married to a plebeian woman, had the patria potestas over his children, and that, if he belonged to a plebeian gens, he shared in the jura and sacra gentilicia of that gens, are points which appear to be self-evident. The population of the Roman state thus consist- ed of two opposite elements ; a ruling class or an aristocracy, and the commonalty, which, though of the same stock as the noblest among the rulers, and exceeding them in numbers, yet enjoyed none of the rights which might enable them to take a part in the management of public affairs, religious or civil. Their citizenship resembled the relation of aliens to a state, in which they are merely tol- erated on condition of performing certain services, and they are, in fact, sometimes called peregrini. While the order of the patricians was perfeetly or- ganized by its division into curiae, decuriae, ant gentes, the commonalty had no such organization, except its division into gentes ; its relations to the patricians were in no way defined, and it conse- quently had no means of protecting itself against any arbitrary proceedings of the rulers. That such a state of things could not last, is a truth which must have been felt by every one who was not blinded by his own selfishness and love of domin- ion. Tarquinius Priscus was the first who con- ceived the idea of placing the plebeians on a foot- ing of equality with the old burghers, by dividing them into tribes, which he intended to call after his own name and those of his friends." But this noble plan was frustrated by the opposition of the augur Attus Navius, who probably acted the part of a representative of the patricians. All that Tar- quinius could do was to effect the admission of the noblest plebeian families into the three old tribes, who were distinguished from the old patrician fam- ilies by the names of Ramnes, Titles, and Luceres secundi, and their gentes are sometimes distin- guished by the epithet minores, as they entered into the same relation in which the Luceres had been to the first two tribes before the time of Tarquinius.' This measure, although an advantage to the most distinguished plebeian families, did not benefit the plebeians as an order ; for the new patricians must have become alienated from the commonalty, while the patricians, as a body, were considerably strength- ened by the accession of the new families. It was reserved to his successor, Servius TuUius, to give to the commonalty a regular internal organ- ization, and to determine their relations to the pa- tricians. The intention of this king was not to up- set the old constitution, but only to enlarge it, so as to render it capable of receiving within itself the new elements of the state. He first divided the city into four, and then the subject country around, which was inhabited by plebeians, into twen- ty-six regions or local tribes,* and in these regions he assigned lots of land to those plebeians who 1. (Fest., 8. •. Municipalia sacra.) — 2. (Verrius Flaccus ap Fest., 8. V. Navia. — Liv., i., 36, &c. — Dionys., iii., 71. — Cic, De Republ., ii., 20.) — 3. (Fest., s. v. Sex Vesbe Sacerdotes.— Cic, D« RepuW,, ii., 20.-Liv., i., 35, 47.)— 4. (Liv., i., 43 - Dionys., iv., 14, &c.) PI-EBES. PLEBES. were yet without landed property. Niebuhr' thinks that tliese allotments consisted of seven jugera each, an opinion which is controverted by GftttUng.' As regards the lour city tribes, it should be ob- served that the Aventine and the Capitol were not contained in them; the former forming a part of the country tribes, and the latter being, as it were, the city of the gods.' The twenty-six country tribes are not mentioned by Livy in his account of the Servian constitution, and where he first speaks of the whole number of tribes,* he only mentions twenty-one instead of thirty. Niebuhr' is undoubt- edly right in reconciling this number with the thir- ty tribes of Servius, by the supposition that in the war with Porsenna Rome lost one third of her ter- ritory, i. «., ten tribes, so that there were only twenty left. As, therefore, after the immigration of the Claudii and their clients, a new tribe was formed,' Livy is right in only mentioning twenty- one tribes. These thirty Servian tribes did not, at least originally, contain any patricians ; and even after the Claudii had come to Rome, it is not ne- cessary to suppose that the gens Claudia, which was raised to the rank of patrician, was contained in the new tribe, but the new tribe probably consisted of their clients, to whom lands were assigned beyond theAnio.' (Compare Tkibus.) Some of the clients of the patricians, however, were probably contained in the Servian tribes.' Each tribe had its praefect, called tribunus.' (7id. Teibunhs.) The tribes had also their own sacra, festivals, and meetings {camitia tribuia), which were convoked by their tribunes. This division- into tribes, with tribunes at their heads, was no more than an internal organization of the pleheians, analogous to the division of the patricians into thirty curise, without conferring upon them the right to interfere in any way in the management of pubUc aflTairs, or in the elections, which were left entirely to the senate and the cu- riae. Tliese rights, however, they obtained by an- other regulation of Servius TuUius, which was made wholly independent of the thirty tribes. For this purpose he instituted a census, and divided the whole body of Roman citizens, plebeians as well as patricians, into five classes, according to the amount of their property. Taxation and the military duties were arranged according to these classes in such a manner that the heavier burdens fell upon the wealthier classes. The whole body of citizens thus divided was formed into a great national assembly called comitiatus maximus or comitia oenturiata. ( Vid. Comitia, p. 295, &c.) In this assembly the plebeians now met the patricians apparently on a footing of equality, but the votes were distributed in such a way that it was always in the power of the wealthiest classes, to which the patricians naturally belonged, to decide a ques- tion before it was put to the vote of the poorer classes. A great number of such noble plebeian families as, after the subjugation of the Latin towns, liad not been admitted into the curies hy Tarquini- us Priscus, were now constituted by Servius into a number of equites, with twelve sufFragia in the co- mitia centuriata. (Fid. Eqoites, p.414, &c.) Last- ly, Servius Tullius is said to have regulated the commercium between the two orders by about fifty laws^"* (Ndfiovg TOV£ fiev .(n>vaX2.aKTtKovg xal Toiig Tepl Tuv aSutiJiidTUv). In this constitution, the pleheians, as such, did not obtain admission to the senate, nor to the high- est magistracy, nor to any of the priestly ofiSces. To all these offices the patricians alone thought 1. (ii., p. 16!".) — 2. (p. 239, ;ropia.)— 8. (Festus, s. v.— Veget., iv., 15.— Liv., xxiiv., 17.)— 9. (Festus; s. v.—Ctes., Bell Gall., vii., 25, 41, 72.)— 10. (Suet., Cal., 26.)— 11. (Galen, D« Diff. Puis., iv., 10, p. 749, tom. viii , ed. Kuhn.)— 12. (De FacnK Natural., ii., c. 4, p. 92, tom. ii.) PNEUMATICI. PCENA. wnicli the theory of the •Kvcvjia had formerly enjoy- ed. Those physicians who would not follow the sect of the Methodici chose that which revived the TTvEV/ia, in order to oppose to the former sect a firm- ly-established principle, and agreed in that, as upon various other points, with the Stoics.' They thought especially that logic was indispensable to the per- fection of science ; for in many cases they disputed simply about names, and Gfalen tells us" tHat the Pneumatici would rather have betrayed their coun- try than abjured their opinions. Like the greater part of the Stoics of his time, Athenaeus had adopt- ed all the doctrines of the Peripatetics.^ What un- deniably proves it is, that, besides the doctrine of. the pneuma, he developed the theory of the elements, much more, at least, than the Methodici were in the habit of doing. He recognised in the four known elements the positive qualities (Troton/f) of the ani- mal body; but he often regarded them as real sub- stances, and gave to the whole of them the name of Nature of Man.' Although the followers of this doctrine attributed, in general, the greater number of diseases to the pneuma,^ nevertheless they, paid at the same time great attention to the mixture of the elements. The union of heat and moisture is the most suitable for the preservation of health. Heat and dryness give rise to acute diseases, cold and moisture produce phlegmatic affections, cold and dryness give rise to melancholy. Everything dries up and becomes cold at the approach of death." It cannot be denied, says Sprengel,' that the Pneu- matici rendered great services to pathology, and dis- covered several new diseases. It is only to be re- gretted that they carried their subtleties ; too far. Thus, for instance, they established many more kinds of fever than there really exist in nature.' Bat their taste for subtleties shows itself nowhere more than in their doctrine of the pulse, which was more complex than that of any other sect. They commonly defined it to be an alternate contraction and dilatation of the arteries, and attributed , this latter motion to the attraction and separation of the pneuma or spirit, which, according to the opinion of Aristotle, passes from the heart into the great arte- ries.' The diastole or dilatation pushes forward the spirit, and the systole or contraction draws it back, in the same way as the respiratory organs contract in drawing in the breath and dilate in letting it out." The Pneumatici did not occupy themselves at all with the causes which produced the changes in the pulse, but confined themselves to collecting observa- tions to serve as a basis for their prognostic." The following is a hst of the physicians that belong- ed to the sect of the Pneumatici : Archigenes," He- rodotus," ^gthinus," Magnus," Theodorus." To these the name of Aretaeus has been added by Le Clerc," Wigan," Barchusen," Schulze," and Bai- lor ;"' but the passages brought forward in support of this opinion (for it rests only on internal evidence) are considered to be insufficient to prove the point by Pet- it, =" Osterhausen,'' and Ackerraann." Sprengel'* 1. (Galen, De Different. PqIs. iii., p. 642, torn, viii.)— 2. (De Different, Puis.j ii.j p. 630.}^. (Qalen, De Seniine, ii., c. 2, p. 612, seq., torn, iv.)-— 1. (ld.,De Element., i., p. 457, torn. i.)-^5,. (Pseudo-Galen, Introtl., p. 699, torn, xiv.) — 6. (Galen, De Tem- peiam., i., c. 3, p. 522, torn, i.)— 7. -Hys observed by the Roman writers. POLEMAR'CHUS (TroAc/iSfiyof). An account of the f'lDctions of the Athenian magistrate of this name is given under Archcm. Athens,' however, vifas not the only state of Greece which had oflicers so called. We read of them at Sparta and in va- rious cities of Boeotia. ' As their name denotes, they were originally and properly connected with military affairs, being intrusted either with the com- mand of armies abroad, or the superintendence of the war department at home : sometimes with both. The polemarchs of Sparta appear to have ranked next to the king when on actualservice abroad, and were generally of the royal kindred or house (y^- vof).' They commanded single morae," so that they would appear to have been six in number,' and sometimes whole armies.' They also formed part of the king's council in war, and of the royal escort called Sa/ioaia,' and were supported or rep- resented by the officers called av/i(jiopetc.' The polemarchs of Sparta had also the superintendence of the public tables : a circumstance which admits of explanation from the fact that Lycurgus is said to have instituted the syssitia for the purposes of war, and, therefore, as military divisions, so that the Lacedaemonians would eat and fight in the same company.' But, in addition to their military func- tions and the duties connected therewith, the pole- marchs of Bparta had a civil as well as a certain extent of judicial power,' in which respect they re- sembled the upx<->v nnTis/iapxoc at Athens. In Boeo- tia, also, there were magistrates of this name. At Thebes, for instance, there appears to have been two, perhaps elected annually, and, from what hap- pened when Phoebidas, the Lacedaemonian com- mander, seized the Cadmeia or citadel of Thebes (B.C. 382), we may infer that in times of peace they were invested with the chief executive power of the state and the command of the city, haiving its mil- itary force under their orders.' They are not, how- ever, to be confounded with the Boeotarchs. At Thespiae, also,'" there were officers of this name, and likewise in CEtoIia" and Arcadia. At Cynsetha, in the latter country, the gates of the city were in- trusted to the special care of the polemarchs : they had to keep guard by them in the daytime, and to close them at night, and the keys were always kept in their custody." *POLEMO'NIUM {■KoXefiuviiv), 3. species of plant ; most probably, as Adams thinks, the Pole- monium ctzruleum. The same authority makes the popular name to be Greek Valerian.^' POLE'TAI (troX^Tai), a board of ten officers or magistrates (for they are called apxij by Harpocra- tion), whose duty it was to grant leases of the pub- lic lands and mines, and also to let the revenues arising from the customs, taxes, confiscations, and forfeitures. Of such letting the word TraXeZv (not utaSovv] was generally used, and also the correla- tive words iivsladai and irpiaaBai. Their official place of business was called vMriTvptov. One was chosen from each tribe. A chairman presided at their meetings {iwpvTdvEve). In the letting of the 1. (Hemd., vii., 173.)— 2. (Xen., Rep. Lac, xi.,4.)— 3. (Mul- ler, Dorians, iii., 12, 1/ 4.) —4. (Herod., 1. c.) — 5. (Xen., Hell., Ti., 4, 14.^—6. (Muller, iii.; 12, 1/ 5.) —7. (Muller, iii., 12, 1) 4.) —8. (III., iii., 7, « 8.)— 9. (Xen., Hell., v., c. S, V.)—K. (Plut., Demetr., c. 39.)— 11. (Polyb., iy., 79.) — 12. v '.. i- 1? ^— IS. (Dioicor., iv., 8.— Galen, De Simpl., iv.— Adams ' •sv of Dioscorides is generally acknowl- edged to be the Polygonum aviculare, or Knot Grass. The w. &r;Xv is referred by Sprengel to the Polygo- num maritimum. It is deserving of remark, how- ever, that nearly all the older authorities, as, for ex- ample, Matthiolus, Dodonaeus, and Bauhin, make the latter to have been the Hippuris vulgaris, oi Mare's Tail. The noXiyovov is the Sanguinaria of Pliny.'" POLY'MITA. (FzUTela) ♦POL'YPUS (TToWffouf or nMv7ro(), the Polypus Several species of the Polypus, are described by Ar- istotle, most of which are to be referred to the ge- nus Hydra of Linnaeus. The H. viridis is its most remarkable species. The ancient writers use the general term polypus in speaking of these animals, but modern naturalists employ the appellation octo- pus, as specifying more distinctly a particular class, and the name potypus is now exclusively assigned to a tribe of the radiata. " Aristotle, Pliny, and, in fact, all the ancient writers, affirm that this animal issues from the water, and that it sometimes visits the land ; avoiding, however, all the smooth places. .lElian and Athenaeus add that it can also moun; on trees ! It appears that the octopi make theii principal food of Crustacea, as Aristotle observed long ago. They also feed on conchyliferous mol- lusca ; and Pliny relates concerning them the trick, which has also been attributed to apes, of placing a little stone between the two valves of oysters, of I. (Demosth., c. Aristog., 787.)— 2. (Harpocr. et Suidas, s. t TIu)ijjTal and fxEToikiov, — Pollux, Onom., viii,, 99. — Biickh, Staatsh. der Att., i., 167, 338, 353.— Meier, De ton. Damn., 41.) —3. (Theuphr,, H. P., i., 10.— Dioscor., iii., 114.— Adams, Ap pend,, 1. V.) — 4, (Hippoc,, Morb, Mulier., i.', 615. — Adams, An pend., s. -v.)- 5. (DioBcor., iv., 140.— Adanis, Append., s. v.)— « (Diosoor.. ir., 6. —Adams, Appdnd., s. T.)— 7 (Dioscor., iv., 4 — AdahiR, Append,, s, v.) POLYPUS. POMCEKnJM. «liich they arc extremely fond, so as to prevent them from closing, and that then they extract the flesh. But how could an octopus take up a little stone and place it so adroitly, even supposing that '.itS semi-hiatus of the oyster, continually filled by he tentacular cirrhi of the edges of its mantle, would permit it 1 It has been asserted, absurdly (;nough, that the octopus, when pushed by hunger, will gnaw its own arms, whicH possess the singular property of shooting forth again. But Aristotle and Pliny more justly attribute the fact of octopi being often found which have some fewer appendages than usual, to their having been eaten off by the conger eels. We are ignorant respecting the full size to vifhich the octopi may attain. We find in the reci- tals of certain travellers, and even of some natural- ists, that a species exists to which the name of Kraken has been given, which arrives at an im- measurable bulk, so as to resemble an island when it approaches the surface of the water, and to over- set the largest vessel under full sail when it be- comes entangled in their cordage. But we may be assured, without any fear of deceiving ourselves, that this is but an exaggeration of what has been said by the ancients, especially Pliny, concerning an ^topus, which, according to Trebius, had a head ;f the size of a barrel containing fifteen amphoras, and whose tentacular appendages, which, as well as the head, were presented to LucuUus, were thirty -•feet in length, knotted like clubs, and so thick that 1 man could scarcely embrace them round : the suckers resembled basins, and the teeth were in pro- portion. All that was preserved of the body weigh- ed seven hundred pounds. There are other traits still more curious in the history of this most mar- pellous octopus. It was observed at Castera, in Bffitica, in Spain, and was accustomed to come forth from the sea into the dep6ts for salted fish, &c., and to devour those provisions. The pertinacity of its rofiberies at length roused the indignation of the keepers ; they built very lofty palisades, but all in vain ; tliis persevering polypus succeeded in getting over them by taking advantage of a neighbouring tree, so that it could not be taken but by the saga- city of the dogs, which, having marked it one night as it was returning to the sea, intimated the affair to the keepers, who were struck with terror and as- tonishment at the novelty of this tremendou.i spec- tacle. In truth, the animal was of an immeasura- ble bulk ; its colour was changed by the action of the brine, and it exhaled a most intolerable odour. Nevertheless, after a desperate combat with the dogs, which Pliny depicts with all the vigour of his poetical style, and by the efforts of men armed with tridents, it was at last killed, and the head was brought to Lucullus. ^lian also tells us that, in the course of time, these animals arrive at a most extraordinary bulk, so as to equal in size the largest cetacea. On this subject he favours us with a story pretty nearly similar to that of Trebius, of a poly- pus which, having devastated the magazines of the Iberian merchants, was besieged by a great num- ber of persons, and cut in pieces with hatchets, just in the same style that woodmen cut down the thick branches of tre^g. Aristotle, indeed, tells us there are polypi whose arms are as much as five cubits in length, which would make above seven feet. But this is a long way behind the narrations of Tre- oius and jElian, and falls still shorter of the won- ders of the Northern romances concerning their kraken. The ancients tell us that the octopi are the enemies of the lobsters, which dread them, while they are themselves pursued by the muraense, which devour their arms. They likewise inform us that their bite is stronger than that of the sepiae, but not so venomous yElian adds, that it is said by fisher- men that the octopi are attracted to the land by the fruit of the olive-tree.'" ♦POMAT'IAS (irufiaTcac), a species of esculept Snail, mentioned by Dioscorides. It is t.ie Helix Pomatia.' POMCE'RIUM. This word is compounded of post and mmrium {murus), in the same manner as pomeridievi of post and meridiem, and thus signifies a line running by the walls of a town {pone or post muros). But the walls of a town here spoken of are not its actual walls or fortifications, but symbolical walls, and the course of the pomoerium itself was marked by stone pillars {cippi pomarii^) erected at certain intervals. The custom of making a pomoe- rium was common to the Latins and Etruscans; and the manner in which it was done in the earhest times, when a town was to be founded, was as fol- lows : A bullock and a heifer were yoked to a plough, and a furrow was drawn around the place which was to be occupied by the new town in such a manner that all the clods fell inward. The little mound thus formed was the symbolical wall, and along it ranthe pomoerium, within the compass of which alone the city-auspices {auspirAa.urbana)co\i\A be taken.* That the actual walls or fortifications of a town ran near it may naturally be supposed, though the pomoarium might either be within or without them. This custom was also followed in the building of Rome, and the Romans afterward observed it in the establishment of their colonies. The sacred line of the Roman pomoerium did not prevent the inhabitants from building upon or taking into use any place beyond it, but it was necessary to leave a certain space on each side of it unoccu- pied, so as not to unhallow it by profane use.' Thus we find that the Aventine, although inhabited from early times, was for many centuries not included within the pomoerium." The whole space included in it was called agcr effatus or fates effati. The po- moerium of Rome was' not the same at all times ; as the city increased the pomoerium also was ex- tended, but this extension could, according to an- cient usage, only be made by such men as had by their victories over foreign nations increased the boundaries of the Empire,' and neither could a po- moerium be formed nor altered without the augurs previously consulting the will of the gods by augu- ry, whence the jus pomcerii of the augurs.' The for- mula of the prayer which the augurs performed on such occasions, and which was repeated after them by the people who attended, is preserved in Festus.' The original pomoerium of Romulus ran, accord- ing to Gellius,'" around the foot of the Palatine, but the one which Tacitus" describes as the pomoerium of Romulus comprised a much wider space, and was, as Niebuhr thinks,'" an enlargement of the original compass, taking in a suburb or borough. Niebuhr also believes that pomcerium properly de- notes a suburb taken into the city. The Romulian pomoerium, according to Tacitus, ran from the Forum Boarium (the arch of Septimius Severus) through the valley of the Circus so as to include the ara maxima Herculis ; then along the foot of the Palatine to the ara Consi, and thence from the Septizonium to the curise veteres (a little below the baths of Trajan), along the top of the Velia to the Sacellum Larium, and lastly by the Via Sacra to the Forum. From the eastern side of the Forum to I. (Aristot., H. A., iv., 1.— Griffith's Cuvirir, vol. xii., p. 289. seq.)— 2. (Dioscor., Mat. Med., ii., 11. — Adams, Append., s, v.\ —3. (Varro, De Ling. Lat., iv., p. 40, ed. Bip.) — 4. ( Vano, D« Ling. Lat.,1. c.)— 5. (Liv., i., 44.) — 6. (Gell., xiii., 14.)— 7 {Tacit., Annal., xii., 23.)— 8. (Dionys., iv., 13.— Cic, De Div., ii., 35.) — 9. (s. V. Proaimurium.) — 10. (1. c.) — 11. (Aunal., xii 24.)— 12. (Hist, of Rome, i., p. 288. — Compare Bunsen, Bei. chreib. d. Stadt Rom., i., p. 138. — Sachse, Beschieib. voa Rom i., p. SO ) 789 PONTIFEX. POJJT.IFEX. the Velabnui) Ihure was a swamp, so that Tacitus does not mention the lino of the pomcErium here. Servius Tullius again extended the pomcerium,' but the Aventine was not included, either because the auspices here taken by Remus had been unfa- vourable, or, wliich is more probable, because there stood on this hill the temple of Diana, the common sanctuary of the Latins and Romans.' The Aven- tine did not become included within the pomcerium until the time of the Emperor Claudius.^ Dionys- ius* states that, down to his time, nobody had ex- tended the pomcerium since the time of King Ser- vius, although we know from authentic sources that at least Augustus enlarged the pomcerium,'. and the same is said of Sulla and J. Csesar.^ The last who extended the pomcerium of Rome was the Emperor Aurehan, after he had enlarged the walls of the city.' POMPA (iro/jff^), a solemn procession, as on the occasion of a funeral, triumph, &c." It is, howev- er, more particularly applied to the grand proces- sion with which the games of the circus commen- ced (Pompa Circensis). (Vid. Circus, p; 255.) POMPEIjE leges. ( Vid. Lex, p. 584, S85.) *POMPH'OLYX (TTo/i^oXvf). " Pompholyx," says Charras, " is a white, light powder; that sticks upon the tops of furnaces where they melt and re- fine copper, like flour of meal, and sometimes little poulses or blisters. They call it Nil or Nihili. Tutia comes from the same copper and at the same time as the pompholyx, but the weight of it caus- es it to stick about the lower part of the furnaces. The Greeks call Tutia by the name of Spodium." Hardouin, as Adams remarks, gives it the French name of " Lafteur de la Calamine." Blancard gives it the English name of " The White Tutty," but it is generally called " Brown Ashes" or " White' Calamy" in English.' *POMP'ILUS (n-oiim?.o(), a species of fish, sup- posed to be the Oorypkaina Pmnpilus. It is of a rare kind, and, according to Rondelet, is sometimes sold for Spanish mackerel. Athenoeus calls it the icpof ixSvc. Oppian makes it the KuMix6v;.^° PONS. (Vid. Bridge.) PO'NTIFEX. The origin of this word is ex- plained in various ways. Q. Scaevola, who was himself pontifex maximus, derived it from posse and faccre, and Varro from pons, because the pon- tiffs, he says, had built the Pons Sublicius, and af- terward frequently restored it, that it might be pos- sible to perform sacrifices on each side of the Ti- ber." This statement is, however, contradicted by the tradition which ascribes the buildnig of the Pons Sublicius to Ancus Marcius," at a time when the pontiffs had long existed and borne this name. Gbttliiig' ' thinks that pontifex is only another form for pompifeXi which would characterize the pontitFs only as the managers and conductors of public pro- cessions and solemnities. But it seems far more probable that the word is formed from pons and facere (in the signification of the Greek ^Efeij/, to perform a sacrifice), and that, consequently, it signi- fies the priests who offered sacrifices upon the bridge. The ancient sacrifice to which the name thus alludes is that of the Argeans on the sacred or Sublician bridge, which is described by Dionys- 1. (Lit., i.,44— Dionys.,iv., 13.)^2. (Gell.,1. o.— Vairo, De Ling. Lit., iv., p. 14, ed. Bip.)— 3. (Cell., 1. c— Tacit., Annal., 111., 23. W4. (L 0.)— 5. (Bnnsen, 1. c, p. 139.)— 6. (Tacit., Aa- nal., 1. c — Geil., 1. c. — Fest., s. v. Prosiraurium. — Cic. ad Att., xiii., 20.— Dion Cass.,xliii.,50 ; xliv., 49.)— 7. (Fl. Vopisc.Div. Aurel., 21.) — 8. (Gic, Pro Mil., 13.— Snef., Jul., 37, &c.)— 9. (Diosoor., v., 183.— Haidonin ad Plin., H. N., xxxiv., 33.— Blan- card, Lex. Mid.— Adams, Append., s. v.) — 10. (.£lian, N. A., ii., 15.— Id. ib., XV., 23.— Plin., H. N.j xxxi., 11.— Oppiau, i., 185.^ Adams, Append., s. v.) — 11. (Varro, BelAng. Lat., iv., p. 24, *b., ed. Bip.)— 12. (Liv., i., 33.)— 13. (Gesch. d. RKm. Staatsv., p. 173.) 790 ius.' (Compare Argei.) Greek wTiters somelimeir translate the word, and call the pontiffs yc^'poitHai. The Roman pontiffs formed the most illustrious among the great colleges of priests. Their institu tion, like that of all important matters of religion, was ascribed to Numa."' The numbe*- cf' pontiffs appointed by this king was four,^ and at their head was the pontifex maximus, who is generally not included when the number of pontifls is mentioned. Cicero,* however, includes the pontifex maximus when he says that Numa appointed five pontiffs. Niebuhi-' supposes, with great probability, that the original number of four pontiffs (not "ncltiding the pontifex maximus) had reference to ;he two earli est tribes of the Romans, the Ramnes and Titles, so that each tribe was represented by two pontiffs. In the year B.C. 300, the Ogulnian law raised the number of pontiffs to eight, or, including the ponti fex maximus, to nine, and four of them were to be plebeians.' The pontifex maximus, however, con- tinued to be a patrician down to the year B.C. 254, when Tib. Coruncanius was the first plebeian who was invested with this dignity. ' This number of pontiflB remained for a long time unaltered, untily in 81 B.C., the dictator SuUa increased it to fifteen,' and J. Caesar to sixteen.' In both these change's the pontifex maximus is included in the number. During the Empire the number varied, though, on the whole, fifteen appears to have been the regular number. The mode of appointing the pontiffs was also dif- ferent at different times. It appears that alter Iheii institution by Numa, the college had the right of co-optation, that is, if a member of the college died (for all the pontiffs held their office for life), the members met and elected a successor, who, after his election, was inaugurated by the augurs.'" This election was sometimes called capfw.'^ In the year 212 B.C., Livy'" speaks of the election of a pontifex maximus in the comitia (probably the to- mitia tributa) as the ordinary mode of appointing this high-priest. But, in relating the events of the year 181 B.C., he againstates that the appointment of the chief pontiff took place by the co-optation of the college." How these anomalies arose (unless' Livy expresses himself carelessly) is uncertain ;" for, as far as we know, the first attempt to deprive the college of its right of co-optation, and to trans- fer the power of election to the people, was not made until the year B.C. 145, by the tribune C. Li- cinius Crassus ; but it was frustrated by the prse- tor C. Laelius." In 104 B.C. the attempt was successfully repeated by the tribune Cn. Domitius Ahenobarbus ; and a law (lex Domitia) was then passed, which transferred the right of electing the members of the great colleges of priests to the peo- ple (probably in the comitia tributa) , uhat is, the people elected a candidate, who was then made a member of the college by the co-optatio of the priests themselves, so that the Co-optatio, although still necessary, became a mere matter of form." The lex Domitia was repealed by Sulla in a lex Cornelia de Sacerdotiis(81 B.C.), which restored to the great priestly colleges their full right of co-op- tatio." In the year 63 B.C. the laiW of Sulla was abolished, and the Domitian law was restored, but not in its full extent ; for it was now determined that, in case'of a vacancy, the college itself should 1. (i., 38.)— 2. (Liv., i., 20.— Dionys., ii.i 73,)— 3. (LiT.,x., 6.) —4. (Do Republ., ii., 14.)— 5. (Hist, of Rom., i., p. 302, Ac- Compare iii,, p. 410. — Liv., x.v6. — Cic., De Republ., ii.t 9.)-^ (Liv., X,, 6.)-7. (Liv., Epit., 18.)-8. (Liv., Epit,, 89.1^9. (Dion Cass., xiii., 51.)— 10. (Dionys., ii., 22, "3,)-ll. (Gell., i., 12.) —12, (XXV., 5.)— 13. (Liv., xl., 42,)— 14. (GOtllinj, 1, c., p. 375.) —15. (Cic, Do Am., 25.— Brat., 21.— De Nat, Deor., iii., 2.j— 16. (Cic. De Leg, Agr„ ii., 7.— Epist. ad Brut., i., 5.— Vellei ' Pat., ii., 12^Suet0D , Nero, 2.)— 17. (Liv., Epit., 89.— Pseudo Ascon., in Divinat , p 102, od Orelli.— Dion Cass., xxxvU, 37.) PONTIFEX. PONTIFEX. nominate two candidates, and the people elect one of them. This mode of proceeding is expressly mentioned in regard to the appointment of augurs, and was consequently the same in that of the pon- tiffs.' Julius Cassar did not alter this modifiedlex Domitia, but M. Antonius again restored the right of co-optatio to the college.'' The college of pontiffs had the supreme superin- tendence of all matters of religion, and of things and persons connected with public as well as pri- vate worship. A general outline of their rights and functions is given by Livy' and Dionysius.* This power is said to have been given to them' by Numa ; and he also intrusted to their keeping the books containing the ritual ordinances, together with the obhgation to give information to any one who might consult them oh matters of religion. They had to guard against any irregularity in the observance of reUgious rites that might arise from aheglect of the ancient customs, or from the introdtjction of for- eign rites. They had not only to determine in what manner the heavenly gods should be worshipped, but also the proper form of burials, and how the souls of the departed (manes) were to be appeased ; in like manner, what signs either in hghtning Or other phenomena were to be received and attended to. They had the judicial decision in all matters of religion, whether private persons, magistrates, or priests were concerned ; and in cases where the existing laws or customs were found defective or insufficient, they made new laws and regulations (decrcta ponlificum), in which they always followed their own judgment as to what was consistent with the existing customs and usages.' They watched over the conduct of all persons who had anything to do with the sacrifices or the worship of the gods, that is, over all the priests and their servants. The forms of worship and of sacrificing were deter- mined by the pontiffs, and whoever refused to obey thoto injunctions was punished by them, for they were •'reTum qua ad sacra: et religiones pertinent, indices et mndices.'" The pontiffs themselves were not subject to any court of law or punishment, and were not responsible either to the senate or to the people. The details of these duties and func- tions were contained in books called libri pontificii or pontificales, commentarii sacrorum or sacrorum pontificalium,' which they were said to have re- ceived from Numa, and which were sanctioned by Ahcus Marcius. This king is said to have made public that part of these regulations which had ref- erence to the sacra publica ;' and when, at the com- mencement of the Republic, the wooden tables on which these pubUshed regulations were written had fallen into decay, they were restored by the pontifex maximus G. Papirius.' One part of these libri pOntificales was called indigitamenta, and con- tained the names of the gods, as well as the manner in which these names were to be used in public worship." A second part must have contained the formulas of the jus pontificium." The original laws and regulations contained in these books were in the course of time increased and more accurately defined fay the decrees of the pontiffs, whe-.ce per- haps their name commentarii.'" Another tradition concerning these books stated that Numa commu- nicated to the pontiffs their duties and rights merely by word of moUth, and that he had buried the books in a stone dhest on the Janiculum." These books 1. (Cis., Philipp., ii., 2.)^2. (Dion Caas, xliv., 53.)— 3. (i., aO.)— 4. (ii.; 73.) — 5. (Cell., ii., 28 ; i., 15.) — 6. (Fest., s. v. Maiimus poiitifex. — Compare Cic, De Legg., ii., 8, 12,)— 7. (Feat., s. V. Aliuta an 1 Ocoisum.)— 8. (Liv., i., 32.)— 9. {DioOys., Hi., 36.) — 10. (Serv. ad Virj., Georg., i. 21.) — 11. (Cic; De Kepubl;, ii., 31.)— 12. {Pliii:, H. N., xviii., 3.— Liv., iv., 3.— Gic, Srat., 14.)— 13. (Plat., Num., 22.— Plin.,n. N., liii., 27.— Val. Mai., I., i., 12 —August., De Civit. Dei, vii., 34.) were found in 181 B.C., and one half of them coi* tained ritual regulations and the jus pontificium, and the other half philosophical inquiries on these same subjects, and were written in the Greek lan- guage. The books were brought to the praitor ur- banus Q. Petilius, and tne senate ordered the latter half to be burned, while the former was carefully preserved. Respecting the nature and authenticitv of this story, see Hartung, Die Relig. d. Rom., i., p 214, &c. Concerning the annales maximi which were kept by the pontifex maximus, and to which Livy' applies the name commentarii pontificum, see Annales. As to the rights and duties of the pontiffs, it must first of all be borne in mind that the pontiffs were not priests of any particular divinity, but a college which stood above all other priests, and superin- tended the whole external worship of the gods." One of their principal duties was the regulation of the sacra, both publica and privata, and to watch that they were observed at the proper times (for which purpose the pontiffs had the whole regulation of the calendar : aid: Calendar, p. 195, &c.) and in their proper form. In the management of the sacra publica they were in later times assisted in certain performances by the triumviri epulones {vid. Epu- LONEs), and had in their keeping the funds from which the expenses of the sacra publica were de- frayed. (Yid. Saoea.) The pontiffs convoked the assembly of the curies (comitia calata or curiata) in cases where priests were to be appointed, and flamines or rex sacrorum were to be inaugurated ; also when wills were to be received, and when a deteStatio sacrorum and adoption by adrogatio took place.^ ( Vid. Adoptio.) Whether the presence of the pontiffs, together with that of the augurs and two flamines, was necessary in the comitia curiata, also, in cases when other matters were transacted, as Niebuhr thinks,* does not appear to be quite certain. The curious cir- cumstance that on one occasion the pontifex maxi- mus was commanded by the senate to preside at the election of tribunes of the people, is explained by Niebuhr.' As regards the jurisdiction of the pontiffs, magis trates and priests, as well as private individuals were bound to submit to their sentence, provided it had the sanction of three members of the col lege.' In most cases the sentence of the pontiffs only inflicted a fine upon the offenders,' but the person fined had a right to appeal to the people, who might release him from the fine. In regard to the vestal virgins and the persons who committed incest with them, the pontiffs had criminal jurisdic- tion, and might pronounce the sentence of death." A man who had violated a vestal virgin was, ac- cording to an ancient law, scourged to death by the pontifex maximus in the comitium, and it appears that originally neither the vestal virgins nor the male offenders in such a case had any right of appeal. Gottling' considers that they had the right of ap- peal, but the passage of Cicero" to which he re- fers does not support his opinion. Incest in gen- eral belonged to the jurisdiction of the pontiffs, and might be punished with death." In later times we find that, even in the case of the pontiffs having passed sentence upon vestal virgins, a tribune in- terfered, and induced the people to appoint a quaes- tor for the purpose of making a fresh inquiry into the case; and it sometimes happened that after 1. (vi., i.)— 2. (Cic, De Legg., ii., 8.)— 3. (Gell., v., 19 j it., 27.)-4. (i., p. 342; ii., p. 223.)— 5. (ii.,p. 359, &c.)— a. (Cic, De Harusp. Resp., 6.)— 7. (Cic, Philip., li., 8. — Liv., ixnrii.. 61.— Id., xl., 42.)— 8. (Dionys., ii., 40.— Liv., xxii., 57.— Fest., s V. Piobrum;)— 9. (p. 185.)— 10. (De Republ.,ii., 31.)— 11. (Qio. De Legg., ii., 19l ) . 791 PONTIFEX I'OPULIFUGIA. this new tiial thi sentence of the pontiffs was mod- ified or annulled. Such cases, however, seem to have . been mere irregularities, founded upon an abuse of the tribunitian power. In the early times the pontiffs, as a portion of the patricians, were in the possession of the civil as well as religious law, until the former was made public by C. Flavius. (Vid. Actio, p. 17.) The regulations which served as a guide to the pontiffs in their judicial proceed- ings formed a large collection of laws, which was sailed the jus pontificium, and formed part of the libri pontificii.' (Compare Jns, p. 560, &c.) The new decrees which the pontiffs made, either on the proposal of the senate, or in cases belonging to the sacra privata, or that of private individuals, were, as Livy' says, innumerable.* The meetings of the college of pontiffs, to which, in some instances, the flamines and the rex sacro- rum were summoned,' were held in the curia regia on the Via Sacra, to which was attached the resi- dence of the pontifex maximus and of the rex sa- crorum.' As the chief pontiff was obliged to live in a domus publica, Augustus, when he assumed this dignity, charged part of his ov/n house into a domus publica.' All the pontiffs were in their ap- pearance distinguished by the conic cap called tu- tulus or galerus, with an apex upon it, and the toga praetexta. The pontifex maximus was the president of the college, and acted in its name, whence he alone is frequently mentioned in cases in which he must be considered only as the organ of the college. He was generally chosen from among the most distin- guished persons, and such as had held a curule magistracy, or were already members of the col- lege.' Two of his especial duties were to appoint (capere) the vestal virgins and the flamines {md. Vestales, Flamen), and to be present at every marriage by confiirreatio. When festive games were vowed or a dedication made, the chief pontiff had to repeat over, before the persons who made the vow or the dedication, the formula in which it was to be performed {p-mre verba^). During the period of the Republic, when the people exercised sover- eign power in evory respect, we find that if the pontiff, on constitutional or religious grounds, re- fused to perform this solemnity, he might be com- pelled by the people. A pontifex might, like all the members of the great priestly colleges, hold any other military, civ- il, or priestly office, provided the different offices did not interfere with one another. Thus we find one and the same person being pontiff, augur, and decemvir sacrorum;'" instances of a pontifex max- imus being at the same time consul are very numer- ous." But, whatever might be the civil or military office which a pontifex maximus held besides his pontificate, he was not allowed to leave Italy. The first who violated this law was "" Licinius Cras- sus, in B.C. 131 ;" but after this precedent pontiffs seem to have frequently transgressed the law, and Caesar, though pontifex maximus, went to his prov- ince of Gaul. The college of pontiffs continued to exist until the overthrow of paganism ;" but its power and in- fluence were considerably weakened, as the emper- ors, according to the example of J Caesar, had the 1. {Asnon. ad Milon., p. 46, ed. Orelli.)— 2. (Cic, Do Orat., -.,43— Id. lb., iii., 33. — Id., PioDotao, 13.)— 3. (xxxix., 16.)— 4. (Compare Cic, De Leg., ii., 23.— Maorob., Sat., iii., 3.— Di- onys. Hal., ii., 73.) — 5. (Cic, De Harusp. Resp., 6.) — 6. (Suet., Jul., 40.— 3erv. ad JEa.,ym., 363.— Plin., Epist., iv., 11.)— 7. (Dion Cass , liv., 27.) —8. (Liv., xxxv., 6. —Id., xl., 42.) —9. (Liv, v., 40.— Id., ix.,46.— Id., iv., 27.)— 10. (Liv., xl.,42.)— 11. (Liv., xxviii., 38. — Cic, De Harusp. Reap,, 6. — Compare Am- brosch, " Studien und Andeutongen," p. 229, note 105.) — IS. (Liv., Kpit., lib. S9.— Val. Max., viii., 7, 6.-Oros., v., 10.)— 13. VAxuob., iv., 35 — Synimach , Epist., ix., 128, 129.) 792 right to appoint as many members of the great eol leges of priests as they pleased.' In addition tc this, the emperors themselves were always chief pontiffs, and, as such, the presidents of the college; hence tlie title of pontifex maximus (P. M. or PON. M.) appears on several coins of the emperors. If there were several emperors at a time, only one bore the title of pontifex maximus ; but in the year A.D. 238, we find that each of the two emperors Maximus and Balbinus assumed this dignity." The last traces of emperors being at the same time chief pontiffs are found in inscriptions of Valentinian, Valens, and Gratianus.' From the time of Theo- dosius the emperors no longer appear in the dignity of pontiff; but at last the title was assumed by the Christian bishop of Rome. There were other pontiffs at Rome, who were dis- tinguished by the epithet minores. Various opinions have been entertained as to what these pontifiees minores were. Niebuhr* thinks that they were originally the pontiffs of the Luceres ; that they stood in the same relation to the other pontiffs as the patres minorum gentium to the patres majorum gentium ; and that subsequently, when the meaning of, the name was forgotten, it was applied to the secretaries of the great college of pontiffs. In an- other passage' Niebuhr himself demonstrates that the Luceres were never represented in the college of pontiffs, and his earlier supposition is contradict- ed by all the statements of ancient writers who mention the pontifiees minores. Livy,' in speaking of the secretaries of the college of pontiffs, adds, " quos nunc minores pontifiees appellant ;" from which it is evident that the name pontifiees minores was of later introduction, and that it was given to persons who originally had no claims to it, that is, to the secretaries of the pontiffs. The only natuial solution of the question seems to be this. At the time when the real pontiffs began to neglect their duties, and to leave the principal business to be done by their secretaries, it became customary to designate these scribes by the name of pontifiees minores. Macrobius,' in speaking of minor pontiffs previous to the time of Cn. Flavins, makes an anachronism, as he transfers a name customary in his own days to a time when it could not possibly exist. The number of these secretaries is uncer- tain : Cicero' mentions the names of three minor pontiffs. The name cannot have been used long before the end of the Republic, when even chief pontiffs began to show a disregard for their sacred duties, as in the case of P. Licinius Crassus and Julius Caesar. Another proof of their falling off, in comparison with former days, is, that about the same time the good and luxurious living of the pon tiffs became proverbial at Rome.' PONTIFI'CIUM JUS. (Vid. Jus, p. 560.) PONTIFICA'LES LUDL ( Firf. Luni Poktif. CALES.) PONTO, a Pontoon, was a vessel used for trans- porting, troops across rivers. We are told that it was a kind of Gallic vessel, but we have no farthp) particulars respecting it.'° POPA. ( Fid. Saorificium ) POPI'NA. ( Vid. Caupona, p. 226.) POPULA'RIA. {Vid. Amphitheatku.w, p. 53.) PO'^ULUS. (Vid. Pateicii.) POPULIFU'GIA or POPLIFU'GIA, the day of the people's flight, was celebrated on the nones of July, according to an ancient tradition preserved by 1. (Dion Cass., xlii., 51.— Id., xliii., 51.— Id., Ii., 20.— Id., Uii., 17. — Suet., Cies., 31.)— 2. (Capitol., Maxim, et Balb., 8.).— 3. (Orelli, Insor., n. 1117, 1118.) — 4. (i., p. 302, n. 775.) — 5. (iii,. p. 411.)— 6. (xxii., 57.— Compare Jul. Capitol., Opil. Macrin.,7.) —7. (Sat., i., 15.)— 8. (De Harusp. Resp., 6.)— 9. (Ilorat , Carm,, ii,, 14, 26, (fcc— Mart., xii., 48, 12.— Macrob., Sat, ii,, 9 i -IB, (Css,, Bell, Civ,, iii,, 29,— Cell,, x., 25 1 PORTA. PORTA. Varro,' in commemoration of the (light of the peo- ple, when the inhabitants of Ficulea, Fidenas, and other places round about, appeared in arms against Rome shortly after the deparlure of the Gauls, and produced such a panic that the Romans suddenly fled before them. Macrobius," however, says that the populifugia was celebrated in commemoration of the flight of the people before the Tuscans, whilp Dionysius^ refers its origin to the flight of the peo- ple on the death of Romulus. Niebuhr* seems dis- posed to accept the tradition preserved by Varro ; but the difl'erent accounts of its origin given by Ma- crobius and Dionysius render the story uncertain.* PORIST AI (iropiarai) were magistrates at Ath- ens, who pt Dbably levied the extraordinary supplies {Jlopi/nai claiv dpx^ rig 'AO^yacv, tjtl^ nopovg t^ii- TEi'). Antiphon' classes them with the poletae and practores ; and Demosthenes' joins tuv xpVf^Tav ra/uat koj. nopiarai, from which it would appear that they were public officers in his time, although the words do not necessarily prove this.' *POROS (jvupog). " Theophrastus," Bays Adams, "describes a species of marble under this name. He says it resembles the Parian in hardness and colour, and the Tophus (mpog) in lightness. The Tophus would seem to have been the Potstone of modern mineralogists. The medical authors like- wise applied the term to the chedk-stones which form in the joints of persons who have long la- boured under the gout." PORPE (TTopTT)?). (P'irf. Fibula.) PORTA (vvXii, dim. vrtiAif), the gate of a city, citadel, or other open space enclosed by a wall, in contradistinction to Janha, which was the door of a house or any covered edifice. The terms porta and TTjiAi; are often found in the plural, even when applied to a single gate, because it consisted of two leaves." The gates of a city were, of course, various in their number and position. The ancient walls of Psestum, Sepianum, and Aosta still remain, and en- close a square : the centre of each of the four walls was a gate. If, instead of being situated on a plain, a city was built on the summit of a precipitous hill, there was a gate on the sloping declivity which af- forded the easiest access. If, in consequence of the unevenness of the ground, the form of the walls was irregular, the number and situation of the gates varied according to the circumstances. Thus Me- gara had 5 gates ;" Thebes, in Boeotia, had 7; Ath- ens had 8 ;'" and Rome 20, or perhaps even more. The jambs of the gate were surmounted, 1. by a lintel, which was large and strong in proportion to the width of the gate. The lintel of the centre gate leading into the Athenian acropolis is 17 feet long. 2. By an arch, as we see exemplified at Pompeii, Paestum, Sepianum, Volterra, Autun, Bezanjon, and Treves. 3. At Arpinum, one of the gates now re- maining is arched, while another is constructed with the stones projecting one beyond another, after the manner represented in the woodcut at p. S5," At Como, Verona, and other ancient cities of Lombardy, the gate contains two passages close together, the one designed for .--arriagcs entering, and the other for carriages leaving the ciiy. The same provision is observed in tht magnificent ruin of a gate at Treves. (See the following woodcut, showing a view of it, together with its plan.) In other instances we find only one gate for carriages. 1. (De Ling. Lat., ■»•., 18, ed. Miiller.)— 2. (Satam., iii., 2.)— ». (ii., 76 ) —4. (Hisi. of Rome, ii., p. 573.) —5. (Compare Ar- nold, Hist, of Rome, ii., p. 10.)— 6. (Bekkqr, Anec, p 294, 19.) —7. (De Chor., p. 791, e'l. Reiska.)— 8. (Philip., i., p. 49, 15.) —9. (Dfickh, Publ. Econ. of Athens, i., p. 223.)— 10. (Thucyd., ii., 4.— Virg., JEa., ii., 330.)— 11. (Reinganum, Meprana, p. 125, 26.)— 12. (Ersoh imd Gruber, Encyc, s. v. Attica, p. 240, 241.) -la (KeppelCra«n, "Eiours. inthe Abruzid,"Tol. 1., p 108.) 6H but a smaller one on each side of it (wcaanu ^ivo7rv?iri) large enough to admit a single person. The porter opened it when any one wished to go in or out by night.^ The contrivances for fastening gates were in gen- eral the same as those used for doors {vid. Janha), but larger in proportion. The wooden bar placed across them in the inside (f-oxUi) was kept in its position by the following method. A hole, passing through it perpendicularly (/SaAavcxSo/ciy*), admitted a cylindrical piece of iron, called /SuAavof, which also entered a hole in the gate, so that, until it was taken out, the bar could not be removed either to the one side or the other.' Another piece of iron, fitted to the /3u/lavof, and called jSalavdypa, was used to ex- tract it.' When the besiegers, for want of this key, the ^dXavdypa, were unable to remove the bar, they cut it through with a hatchet,' or set it on fire.' The gatmvay had commonly a chamber, either on one side or on both, which served as the resi- dence of the porter or guard. It was called irvAuv.' Its situation is shown in the following plan. (See woodcut.) But the gateway was also, in many cases, surmounted by a tower, adapted either for defence (portis turres imposuil}"), or for conducting the general business of government. In the gates of Como and Verona this edifice is three stories high. At Treves it was four stories high in the flanks, al- though the four stories remain standing in one of them only, as may be observed in the annexed woodcut. The length of this building is 11 5 feet ; its depth, 47 in the middle, 67 in the flanks ; its greatest height, 92. All the four stories are ornamented in every direction with rows of Tuscan columns. The gateways are each 14 feet wide. The entrance of 1. (Heliodor., Tiii., p. 394.)- 2. (Millin, " Voyage dtns les D6. partemens," &o., torn, i., ch. 22; Atlas, pi. 18, figs. 3, 4.)— J. (Polyb., yiii , 20, 24.— Liv., xxv., 9.)— 4. (jEn. Tact., 18.)— 5. (Thucyd., ii , 4. — Aristoph., Vesp., 200. — ^tSai^ivijiTai : AveB, n59.)-6. ( En. Tact., 1. c.)— 7. (Thucyd., iv.. 111.— Polyb., viij 23,24. —8. (.Sn. Tact., 19.)— 9. (Polyb., yiii., 20, 23, 84) -^10. (Ca:s B. G., vii- , 9.— Virg., .ffin;, yi., 552-i564.)' 793 l-ORTICUS. each appears to have been guarded, as at Poni,«ii [see p. 224), first by a portcullis, and then by gates of wood and iron. The barbican, between the double portcullis and the pair of gates, was no doubt open to the sky, as in the gates of Pompeii. This edifice was probably erected by Constantine.' Its rows of ornamental windows, and the general style of its architecture, afford sufficient indications, that, although very strong, it was not intended solely nor principally for the purposes of defence, but to be applied in time of peace to the various objects of civil government. To these latter purposes the gatehouse {ttuXuv) was commonly devoted, more especially in Eastern countries. Hence Polybius" calls a building at Alexandrea tov xP'?i''""<'"''°'' '"'" Xmva Tuv Paai^eiov, i. e., "the gatehouse of the palace, used for the transaction of public business. " In the Old Testament the references to this custom are very frequent. By metonymy, "the gates" meant those who administered justice at the gates., and wielded the powers of government.' Statues of the gods were often placed near the gate, or even within it in the barbican, so as to be ready to receive the adoration of those who entered the city.* The probable position of the statue was the point S in the above plan. The gate was some- times much ornamented. Sculptured elephants, for example, were placed upon the Porta Aurea at Constantinople. PO'RTICUS (otok), a walk covered with a roof, which is supported by columns at least on one side. A portions was either attached to temples and oth- er public buildings, or it was built independent of any other edifice. Such shaded walks and places of resort are almost indispensable in the southern countries of Europe, where people live much in the open air, as a protection from the heat of the sun and from rain. This was the case in ancient times to a much gteateT extent than at p-esent. The porticoes attached to the temples wert sither con- structed only in front of them, or went round the whole building, as is the case in the so-called Tem- ple of Theseus at Athens, They were originally intended as places for those persons to assemble and converse in who visited the temple for vari- ous purposes. As such temple-porticoes, however, were found too small or not suited for the various purposes of private and public life, most Grecian towns had independent porticoes, some of which were very extensive ; and as the Greeks, in all their public works, soon went beyond the limits of mere utility, these public walks were not only built in the most magnificent style, but were adorned with pictures and statues by the best masters. Of this kind were the poecile and aroa PaaAew; at Athens,* and the aroa UepaiKri at Sparta.' The Skias at Sparta, where the popular assemblies were held, seems to have been a building of the same kind.' In most of these stoae, seats {exedra) were placed, that those who were tired might sit down. They were frequented not only by idle loungers, but also by philosophers, rhetoricians, and other persons fond of intellectual conversation. The Stoic school of philosophy derived its name from the circumstance that the founder of it used to converse with his disciples in a stoa. The Ro- mans derived their great fondness for such covered walks from the Greeks,; and as luxuries among them were carried in everything to a greater ex- tent than in Greece, wealthy Romans had their private porticoes, sometimes in the city itself, and sometimes in their country-seats. In the public I. (Wyttenbach's Eoman Ant. of Treves, p.' 9-39.}— 2. (xv., 29.)— 3. (Horn., II., ix., 312.— Mattb., xvi., 18.)— 4. (Paus., iv., 33, « 4.— Lucrct., i., 314.— jicH, xiv., 13 )— 5. (Athen., liii., p. S77.— Paus., i., 3,^1, &o -0 (7 -at ,i-'..,ll, « 3.)— 7. (Pau»„ iii,ia,4 8.) 794 FORI ORTintf. porticoes bf Rome, which were exceedingly os merous and very extensive (as that around the Fa rum and the Campus Martins), a variety of business was occasionally transacted : we find that law- suits were conducted here, meetings of the senate, held, goods exhibited for sale, &c. (See Pitisous,'i who has given a complete list of all the porticoes J o^Rome.) ' PORTI'SCULUS (KeXsvaHjc), an officer in a ship, who gave the signal to the rowers, that they might keep time in rovring. The same name was also given to the pole or hammer, by the striking ol which he regulated the motion of the oars.^ The duties of this officer are thus described by Silius Italious :' " Media stat margine puppis, Quid voce alternos nautarum. temperel ictus, Et remis dictet sonitum, pariterque relatis Ad soniiumplaudat reSonantia carula tonsis.' This officer is sometimes called Hortdtar,* ot Pahsarius.' PORTITO'RES. (7i(Z. Phblicani.) PORTO'RIUM was one branch of ,the i:egulai revenues of the Roman state, consisting of the du- ties paid on imported and exported goods : some- times, however, the name portorium is also applied to the duties raised upon goods for being carried through a country or over bridges.' A portorium, or duty upon imported goods, appears to have been paid at a very early period, for it is said that Vale- rius Publicola exempted the plebes from the portb- ria at the time when the Republic was threatened with an invasion by Porsenna.' The time of its introduction is uncertain ; but the abolition of it, ascribed to Publicola, can only have been a tem- porary measure; and as the expenditure of the' Republic increased, new portoria milst have been introduced. Thus the censors M. ^Emilius Lepi-' dus and M. Fulvius Nobilior instituted portoria'el vectigalia multa,' and C. Gracchus again increased the number of articles which had to pay porto- ria.' In conquered places and in the provinces, the import and export duties, which had been paid there before, were generally not only retained, but increased, and appropriated to the ajrarium. Thus we read of portoria being paid at Capua and Pnte- oli on goods which were imported by merchants.'" Sicily, and, above aU, Asia, furnished to the Roman treasury large suins which were raised as portoria." In some cases, however, the Romans allbwed a subject nation, as a particular favour, to raise for themselves whatever portoria they pleased in their ports, and only stipulated that Roman citizens and socii Latini should be exempted from theml" In theyeareo B.C.,alltheportoriain the ports of Italy were done away with by a lex CaeCilia, carried by the praetor Q. Metellus Nepos." ' It appears, how- ever, that the cause of this abolition was not any complaint by the peUple of the teix itself, but of the portitores, i. e., the persons who collected it, and who greatly annoyed the rtierchants by their unfair conduct and various vexations. (_Vid. Publioani.) Thus the Repubhc for a time only le /ied import and export duties in tlie provinces, until J. Caesar re- stored the duties on commodities imported from foreign countries.'* During the last triumvirate new portoria were introduced,' * and Augustus partly increased the old import duties and partly instituted 1. (Lexicon, s. v. Porticus.)- 2. (Festus, s. t.)— 3. (vi., 360, t..2, 8. 18,-30,)— 4. (Dig. 43, tit. 17, s. 1, 2.)— 5. (Savigii? Das Recht des Be8itzes, p. 24, &c.)— «. (J 6.) 795 P0S3ESSIO POSSESSIO. ship. It is no right, but -t is a part of the whole transaction by which ownership is acquired. So is it with possession in respect to usucapion." The right to possessorial interdicts belongs to the law of obligationes ex maleflciis. "The right to possessorial interdicts, then, belongs to the law of obligationes, and therein possession is only so far considered as containing the condition without which the interdicts cannot be supposed possible, r lie jus possessionis, consequently — that is, the right which mere possession g^ves — consists simply in lie claim which the possessor has to the interdicts IS soon as his possession is disturbed in a definite 'brm. Independent of this disturbance, bare pos- session gives no rights, neither a jus obligationis, IS , is self-evident, nor yet a right to the thing, for no dealing with a thing is to be considered as a le- gal act simply because the person so dealing has "he possession of the thing.'" The term possessio occurs in the Roman jurists m various senses. There is possessio generally, ind possessio civilis, and possessio naturalis. Possessio denoted originally bare detention. But 'his detention under certain conditions becomes a iegal state, inasmuch as it leads to ownership 'hrough usucapion, Accordingly, the word posses- sio, which required no qualification so long as there was no other notion attached to possessio, requires such qualification when detention becomes a legal state. This detention, then, when it has the con- ditions necessary to usucapion, is called possessio civilis ; and all other possessio, as opposed to civilis, IS naturalis. But detention may also be the found- ation of interdicts, which notion of possession is always expressed by possessio simply, and this is the meaning of possessio when used alone and in a technical sense. As opposed to this sense of possessio, all other kinds of detention are also call- ed naturalis possessio, the opposition between the aatural and the juristical possession {possessio) be- ing here expressed just in the same way as this op- position is denoted in the case of the civiUs posses- sio. There is therefore, a twofold juristical pos- sessio : possessio civilis, or possession for the pur- pose of usucapion, and possessio, or possession for the purpose of the interdict. It follows that pos- sessio is included in possessio civilis, which only requires more conditions than possessio. If, then, a man has possessio civilis, he has also possessio, that is, the right to the interdict ; but the converse is not true. Possessio naturalis, as above observ- ed, has two significations, but they are both nega- tive, and merely express in each case a logical op- position, that is, they are respectively not posses- sio civilis or possessio. The various expressions used to denote bare detention are " tenere," "corpo- raliter possidere,^^ " esse in possessione." In the ease of a thing being pignorated, the per- son who pledges it has stiU the possessio ad usu- capibnem, but the pledgee alone has the possessio ad interdicta. It is not a possessio civilis which is the foundation of the pledger's title by usucapion ; but by a special fiction he is considered to have such possession, and so the case is a special ex- ception to the general rule, " sine possessione usu- jfiio contingere non potest." Possessio justa is every possessio that is not il- legal ill its origin, whether such possessio be mere detention or juristical possessio. The word justa is here used, not in that acceptation in which it has reference to jus civile, and is equivalent to civilis or legilima, but in another sense, which is more indefinite, and means " rightful" generally, that is, not wrongful. The creditor who is in possession of a pledge has a justa possessio, but not a civilis 796 1. (Savigny, p, 34.) possessio : he has, however, a juristical possessio, that is, possessio, and, consequently, a right to the interdicts. The missio in possessionem is the foundation of a justa possessio, but, as a general rule, not of a juristical possessio. Possessio injns-, ta is the logical opposite of justa, and in the case of possessio injusta there are three special vitia possessionis, that is, when the possession has ori- ginated vi, clam, or precario' {Hanc tu mihi vel »!, vel clam, vel precario fac tradas). With respect to the causa possessionis, there was a legal maxim : " Nemo sibi ipse causa'n pas-, sessiim's mvtarc potest." This rule is explained by Savigny by means of Gains," as having reference; to the old usucapio pro herede, and the meaning of. it was, that if a person had once begun to possess for any particular cause, he could not at his pleas- ure change such possessio into a possessio pro he- rede.' A possessor bonse fidei is he who believes that no person has a better right to possess than him- self A possessor malae fidei is he who knows that he has no right to possess the thing.* Besides these various meanings of possessio, possessor, possidere, at the bottom of all which lies the notion of possession, there are some othei meanings. "To have ownership" is sometimes expressed by possidere ; the thing which is the ob- ject of ownership is sometimes possessio ; and the owner is possessor. This use of the word occurs frequently in the Code and Pandect, and also in Cicero, Quintilian, Horace, and other writers. Bui it is remarked by Savigny that these meanings of , possidere, possessio, &c., always refer to land as their object. Possessio also denotes the relation of a defend ■ ant with respect to a plaintiff For instance, when ownership is claimed, the demand must be against a person in possession ; but this does not mean that such person must have a juristical possession. In a vindicatio, accordingly, the plaintiff is called petitor, and the defendant is named possessor, be- cause,, in fact, he has the possession of tliat which the plaintiff claims. The procedure by the vindi- catio was also adapted to the case of an hereditas, and here also the term possessor was applied to the defendant. In many cases the possessor was really such, and one object of the hereditatis peti tio was to recover single things which the defend- ant possessed pro herede or pro possessore. Bu; the term possessor was not limited to such cases, for the defendant is called possessor when the pe- titio is not about a matter of possession. He is called juris possessor, because he refuses to do, something which the heres claims of him, or be cause he asserts his right to a portion of the he- reditas. The juristical notion of possession implies a thing which can be the object of ownership : it also implies that the possessor can be no other than a person who has a capacity for ownership. The notion of possession is such that only one person at a time can possess the whole of a thing Iplures eandem rem in solidum possidere non possunl). When several persons possess a thing in common, so that their possession is mutually limited, each, in fact, possesses only a definite part of the thing, but does not possess the other parts ; and, though the division into parts is only ideal, this does not affect the legal consideration of the matter. Per- sons may also possess the same thing in diflferent senses, as in the case of the debtor and his credit or who has received from him a pignus. Though things incorporeal are not strictly ob 1. (Toient., Euauch., ii., 3.— Dig-. 43, tit. 17, s. 1, 2.)— 3 .'it, 52, &c.)— 3. (Savigny, p. 56,)— 4 (Savigny, p. 81 ) rossEssio. POSSESSIO. jects of possession, yet there is a juris quasi pos- lessio of them, as, for instance, in the case of ser- vitutes (easements). The exercise of a right of this kind is analogous to the possession of a corpo- real thing : in other words, as real possession con- sists in the exercise of ownership, so this kind of possession, which is fashioned from analogy to the 'jther, consists in the exercise of a jus in re, or of me of the component parts of ownership. In the ;nse oi possession, it is the thing (carpus) which is aossessed, and not the property : by analogy, then, ■ve should not say that the servitus or the jus in re is possessed. But as in the case of a jus in re there is nothing to which the notion of possession can be attached, while in the case of ownership there is the thing to which we apply the notion of possession, we are compelled to resort to the ex- pression, juris quasi possessio, by which nothing more i5 meant than the exercise of a jus in re, which exercise has the same relation to the jus in re thct proper possession has to ownership.' In order to the acquisition of juristical possessio, appreher-sion and animus are necessary. The ap- prehension of a corporeal thing in such a dealing with it as empowers the person who intends to ac- quire the possession to operate on the thing to the exclusion of all other persons. But actual corpo- real contact with the thins i* '"O* necessary to ap- prehension : it is enough if theio is some act on the part of the person who inteiids to acquire pos- session, which gives him the physical capacity to operate on the thing at his pleasure. ITius, iu the case of a piece of ground, he who enters upon pan ?s considered to have entered upon the whole. A man may acquire possession of what is contained in a thing by delivery of the key which gives him V.CCCSS to the contents, in the presence of (apud) .he thing. The case mentioned in the Digest" is (iiat of the ,key of a granary being delivered in night of the granary (apud horrea). The delivery of the key is not a symbolical delivery, as some isve supposed, but it is the delivery of the means \f getting at the thing.^ The animus consists in the will to treat as one's own the thing that is tiie object of our apprehension. All persons, therefore, who are legally incompetent to will, are incompetent to acquire a _iui:istical pos- session. ChilJren and lunatics are examples of such persons. If 3 man h.'is the detention of a thing, he can acquire 5he possess'o by the animus alone, for the other coiidition . has been already complied with. In order that juristical possession may be ac- quired, there must always be the animus on the part of him who intends to acquire the possession ; but the act of apprehension (corpus) may be effected by another as his representative, if t'sat other does the necessary acts, and with the intention of acquiring he possession for the other, and not for himself* There must be a certain relation between the per- son for whom possession is thus acquired and the person who acquires it for him, either of legal power (potestas) or of agency : the former is the case of a slave or filiusfamilias who obeys a command, and the latter is the case of an agent who follows in- structions (mandatum). A person who is the rep- resentative of another, and has the possessio of a thing, may by the animus alone cease to have the possessio, and transfer it to that other, retaining only the bare detention. Possessio, that is, the right of possession, is, however, a thing that can be transferred without the transfer of ownership. In this case of deriva- 1. (Savignj-, p. 166.)— 2. (Dig. 18, tit. 1, s. 74.)— 3. (Compare Lord Hardwicke's remarks on this matter, Ward v. Turner, 3 Ve6.)-4. (Panllis. S. K., v tit. 2, s. 1.) tive possessio, the apprehension is the same as ir the case of acquiring a juristical possessio ; but thfi animus with which the thing is apprehended cannot be the "animus domini," but merely the "animus possidendi," that is, the will to acquire the jus pos- sessionis, which the possessor transfers, and nothing more. The detention of a thing may be transferred without the ownership, but the transfer of the de- tention is not always accompanied by a transfer of the jus possessionis. There are three classes into which all acts may be distributed which are accom- panied with a transfer of detention : 1. those which are never the foundation of a derivative possessio ; 2. those which always are ; and, 3. those which are sometimes. The first class comprehends such cases as those when the detention of a thing is transferred to an agent (procurator), and the case of a commodatum. (Fid. Commodatdm.) The sec- ond class comprehends the case of the emphyteu- ta, which is a possessio, but only a derivative one, as the emphyteuta has not the animus domini ; it also comprehends the case of the creditor who re- ceives the detention of a pignus by a contractus pignoris, but it does not comprehend the case of a pignus praetorium, pignus in causa judicati captum, nor a pactum hypothecae. In the case of a con- tractus pignoris, when the thing was delivered to the creditor he had possessio, that is, a right to the interdicts, but not possessio civilis, that is, the right of usucapion. The debtor had no possessio at all, but, by virtue of an exception to a general rule, he continued the usucapion that had been commenced. (Vid. Pignus.) The third class comprehends de- positum and precarium. The right of possession consists in the right to the protection of the interdict (vid. Intehdictum), and this protection is also extended to jnra in re. The relation of the juris quasi possessio to posses- sio has been already explained. The objects of this juris quasi possessio are personal servitutes, rea servitutes, and jura in re which do not belong to the class of servitutes, of which superficies is the only proper instance. In all the cases of juris quasi possessio, the acquisition and the continuance of the right of possession depend on the corpus and animus ; and the animus is to be viewed exactly in the same way as in the case of possession of a cor- poreal thing. The exercise of personal servitutes (particularly usus and ususfructus) is inseparable from the natural possession of the thing, and the possession of them is consequently acquired in the same way as the possession of a corporeal thing. As to the juris quasi possessio of real servitutes, there are two cases : either he who has a right to the servitus must do some act, which, if he had not the right, he might be forbidden to do (servitus qua in patiendo consistit), or the owner of property has no right to do some particular thing, which, if the right did not exist, he might do (servitus qucz in non faciendo consistit). As to the first class, which may be called positive servitutes, the acquisition of the juris quasi possessio consists merely .n doing some act which is the object of the right, and the doing of this act must be done for the purpose of exercising the right.' This rule applies to the jus itineris, actus, viae, and others, which are independ- ent of the possession of any other property. Sud- an act as the jus tigni immittendi, or the driving a beam into the wall of one's neighbour's house, is a right connected with the possession of another piece of property, and the possession of this right consists in the exercise of it. As to the second class, which may be called negative servitutes, the juris quasi possessio is acquired in consequence of 1. (D;s.*.S.*l.S5; 797 POSSESSIO. POSSESSIO. the per?on whose right is' thereby limited attempt- ing to do some act contrary to the right of the per- son who claims the servitus, and meeting with opposition to such act, and acquiescing in the oppo- sition.' This juris quasi possessio may also be founded on a legal title, that is, on any juristical act which can give such right. Every possession continues so long as the corpus and the animus continue. If both cease, or either of them ceases, the possession is gone.' As to the corpus, the possession is lost when, in consequence of any event, ithe possessor cannot operate on the thing at his pleasure, as before. In the case of mo- vable things, the: possession is lost when another person has got hold of them, either by force or se- cretly : in the;case of immovable things, it is lost when a man has turned another out of the posses- sion ; but if, in the absence of the possessor, an- other occupies his land without his knowledge, he does not lose the possession till he attempts to ex- ercise ownership over the land, and is prevented by the person then in possession of it, or, through fear, does not attempt to recover his possession. , The possession thus acquired by the new possessor is a violenta possessio. If the former possessor knows the fact, and acquiesces by doing nothing, he loses the possession by the animus alone. In the case of possession being lost by the animus alone, it may be effected either expressly or tacitly; the only thing necessary is, that there must be an intention to give up the possession. The possession is lost corpore et animo when the possessor gives up a thing to another to possess as his own. In the case of a juris quasi possessio, as well as in that of possessio proper, the continuance of the possessio depends on the corpus and animus together. There i:an be no juris quasi possessio without the animus possidendi ; and if there be merely the animus pos- sidendi, the juris quasi possessio must cease. Possessio can be lost by a person who represents the possessor. Such person may himself acquire the possession by exercising the animus possidendi when it is accompanied with a sufficient corporeal act : in the case of movable things, this is furtum ; in the case of immovable things, it is violent dis- possession. The possession can be lost through the representative in all cases in which it would have been lost by the possessor if there had been no representation. In many of the systematic expositions of Roman law, the theory of possessio is treated as introduc- tory to the theory of ownership (dominium). The view which has been here given of it is also not universally acquiesced in. For instance, Gans, in his chapter on Possession,^ begins with the two fol- lowing sections : ^ 103. Darslellung der verschiedenen herschcnden Meinungen iiber den Besitz. — Der Besitz ist kein blosscs factum^ und ensteht nickt als recht^ durch den umweg des unrechts. ^ 104. Der Besitz als das eigenthum nach der seite des Moss besonderen willens. — Anfangendes, priisumtives eigenthum. Savigny's view, on the contrary, is briefly this : " Possession is a fact (factum), so far as a mere factish (unjuristical) relation {detention) is the found- ation of it. But possession is also a right, so far as rights are connected with the bare existence of tl-.e relation of fact. Consequently, possession is bctii fact and right." Also : "The only right arising from bare possession is a right to the interdicts" — and "the right to the interdicts is founded on the fact of the exercise of 1. (Dig. 8, tit. 5, s. 6.)— 2. (Dig. 41, tit. 2, s. 3, 46.)— 3. (Sy«- tflndes Rom. CivilrecHts iin Givndr'sse, &c.) 798 ownership being, obstructed wrongfully,- as, for » stance, by forccf" It is shown in. the article AoRARiiB .Leges thai the origin of the Roman doctrine of possession maj probably be traced to the possessio of the ager publicus. Possession possessor, and possidere are the proper technical terms used by the Roman wri- ters to express the possession apd the enjoyment of the public lands. These terms did not expresa ownership (ei ^Mre Quiritium)r. they had, in fact, no more relation to ownership than the possessio of which this article treats. ■ Still, the notion of this kind of use and enjoyment was such, that one may easily conceive how the term possessio became ap- plicable to various eases in which there was no Quiritarian ownership* but something that had an analogy to it, Thus, in the case of damnum infect- um, with reference to the second missio in posses- sionem (ci secundo decreto); the praetor says "possj- dere jubebo," , which is equivalent to giving bonita- rian ownership with the power of usuoapioa A ususfructus which could only be maintainedby the jus praetorium, was a possessio ususfructus as op- posed to dominium ususfructus. The expressions hereditatis or bonorum possessio do not mean the actual possession of the things, but the peculiai character of the pr»t()ria hereditas.:» for this bono- rum possessio has the same relation to the hereditas that, bonitarian has to Quiritarian ownership. (Yii. Dominium, Heees.) Now there is a clear analogy in all these instances to the possessio of the ager publicus, which consists in this, that in both cases an actual exclusive enjoyment of a particular person to a particular thing is recognised. This will also explain how property in provincial ground came to be called possessio: such property was not Quiri- tarian ownership, but it was a right to the exclusive enjoyment of the land ; a right which the word pos- sessio sufficiently expressed. Thus the name pos- sessio was transferred from the right to its object, and ager and possessio were thus opposed : agei was a piece of land which was the object of Quiri- tarian ownership, and possessio a piece of land which was either accidentally an object only of bo- nitarian ownership, as a fundus Italicus of which there had been merely tradition ; or it was land that could not be the object of Quiritarian ownership, such as provincial land' and the old ager publicus. Other matters relating. to possessio appear to be explained by this view of its historical origin. The interdictum reeuperandae possessionis relates only to land, a circumstance which is consistent with the hypothesis of the origin of possessio. The na- ture of the precarium, also, is explained, when we know that it expressed originally the relation be- tweeji the patronus and the cliens who occupied the possessio of the patronus as a tenant at will, and could be ejected by the interdictum de preca- rio if he did not quit on notice. Farther, we may thus explain the apparent inconsistency in the case of a lessee of ager vectigalis, who, though he had only a jus in re, had yet juristical pos.sessio.: the ager vectigalis was in fact fashioned according to the analogy of the old ager publicus, and it. was a simple process to transfer to it that notion of pos- sessio which had existed in the case of the agei publicus. (Vid. EMPHYTBnsis.) This article, read in connexion with the article on the Agrariae Leges and the Licinian Rogations {vid. RoGATioNEs LioiNi.*;), will give the reader an outline of the law of possession both in relation to the ager publicus and privatus. The preceding view of possession is from Savigny, Das Recht des Besitzes, fifth ed., 1537. There ie I. (Jovolenus, Dig, 50, tit. 'C ,• If j POSTLIMINIUM. POSTLIMINIUM. an analysis ot this excellent- work by Warnkonig, " Analyse du traite de Ja possession par M. de Sa- vigny, Liege, 1824 ;" and a summary view of Sa- vigny's Theory is given by Mackeldey, Lehrbueh, &c., ii., p. 7.' POSSE'SSIO BONO'RUM. (Kid. BonorumPos- lESSIO.) POSSE'SSIO CLANDESTI'NA. {Vid. Intek- DIOTDM, p. llii,) POSTICUM. (Fiii. JANHi, p. 524.) POSTLIMI'NIUM, JUS POSTLIMINII. "There are," says Pomponius,' "two kinds of postliminium, for a man may either return himself or recover something." Postliminium is farther defined by Paulus' to be the " right of recovering a lost thing from an extraneus and of its being restored to its former status, which right has been established be- tween us (the Romans) and free people and kings by usage and enactments ^moribus ac legikus) ; for what we have lost in war or even out of war, if we recover it, we are said to recover postliminio j and this usage has been introduced by natural equity, in ordec that he who was wrongfully detained by strangers should recover his former rights on re- turning into his own territories (in fines suos)." Again, Paulas says, " a man seems to have returned postliminio when he has entered our territory (in fates nostras iniraverit), as a foundation is laid for a postliminium (sicuH admitlitur*) (?) when he has gme beyond our territories (ubi fines nostras exces- sit). But if a man has come into a state in alliance (sacia) or friendship with Rome, or has come to a king in alliance or friendship with Rome, he appears to have forthwith returned by poslUminium, be- cause he then first begins to be safe under the name of the Roman state." These extracts are made for the purpose of clearing up the etymology of this word, as to which there was a difference of opinion." The explanation of Scaevola, as given by Cicero, has reference to the etymology of the word, post and limen : " what has been lost by us and has come to an enemy, and, as it were, has gone from its own limen, and then has afterward (post) re- turned to the same limen, seems to have returned by postliminium." According to this explanation, the limen was the boundary or limit Within which the thing was under the authority of Rome and an object of the Roman law. A recent writer* sug- gests that postliminium must be viewed in a sense analogous to pomoerium. There is a fanciful expla- nation of the matter by Plutarch' in his answer to the question. Why are those who have been falsely reported to have died in a foreign land, not received into the house through the door in case of their re- turn, but let down through an opening in the roof? If a Roman citizen, during war, came into the pos- session of an enemy, he sustained a diminutio capi- tis maxima, and all his civil rights were in abey- ance. Being captured by the enemy, he became a slave ; but his rights over his children, if he had any, were not destroyed, but were said to be in abeyance (pendere) by virtue of the jus postliminii : when he returned, his children were again in his power ; and if he died in captivity, they became sui juris. Whether their condition as sui juris dated from the time of the captivity or of the death, was a disputed matter ;' but Ulpian, who wrote after Gaius, declares that in such case he must be con- sidered to have died when he was made captive; and this is certainly the true deduction from the 1. (Tid. also Gaius, iv., 138-170.— Inst., iy., tit. 15.— Dig. 41, tit. 2,3 ; 43, tit. 16-23, 26, 31.— Cod.,vii., tit. 32 ; viii., tit. 4, 5, 6, 9.— Cod. Thood., iv., tit. 22, 23.)— 2. (Dig. 49, tit. 15, s. 14.) —3. (Dig. 49, tit. 15, s. 18.)— 4. (The reading in Flor., Geb., and Spang, is " sicuti amittitur.") — 5. (Cic, Top., 8.) ^ — 6. (Gdttling, Geschichte der R5in. Staatsverfassung, p. 117.) — 7. (Quasi Rom., 5.)— 8. (Gaius, i., 129.) premises. In the case of a filius or nepos beuig made captive, the parental power was suspended (in suspenso). If the son returned, he obtained his civic rights, and the father resumed his parental powers, which is the case mentioned in the Di- ;gest.'. As to a wife, the matter was different : the husband did not recover his wife jure postliminii, but the marriage was renewed by consent. This rule of law involves the doctrine, that if a husband was captured by the enemy, his marriage, if any then existed, was dissolved. If a Roman was ran- somed by another person, he became free, but he was in the nature of a pledge to the ransomer, and tlie jus postliminii had no effect till he had paid the ransom money. Son^etimes, by an act of the state, a man was giv en up bound to an enemy, and if the enemy would not receive him, it was a question whether he had the jus postliminii. This was the case with Sp. Postumius, who was given up to the Samnites, and with C. Hostilius Mancinus, who was given up to the Numantines ; but the better opinion was that they had no jus postliminii :' and Mancinus was re- stored to his civic rights by.a lex.^ Cicero* uses the word postliminium in a different sense ; for he applies jt. to a man who had, by his own voluntary act, ceased to be a citizen of a state, and subsequently resumed his original civic rights bypostliminium. It appears that the jus postliminii was founded on the fiction of the captive having never been absent from home— a ftction which was of easy applica- tion i for as the captive, during his absence, could not do any legal act, the interval of captivity was a pe- riod, of, legal non-activity, which was terminated by -his showing himself again. The Romans acknowledged capture in war as the source of ownership in other nations,as they claimed it in their owjj. case. Accordingly, things taken by the enemy lost their Roman owners ; but when they were recovered, they reverted to their original own- ers. This was the case with land that had been occupied by the enemy, and with the following movables, which are enumerated by Cicero as res postliminii :' " homo (that is, slaves), navis, mulus. cli- tellarius, equus, nqua. , qua frana recipere solct.'" Arms were nqt res postliminii,; for it was a maxim that they could not be- honourably lost. The recovery above referred to seems to mean the recovery by the Roman state or by the original owner. If an individual recaptured from an enemy what had belonged to a Roman citizen, it would be consistent that we should suppose that the thing recaptured was made his own by the act of cap- ture ; but if it was a res postliminii, this might not be the case. If a thing, as a slave, was ransomed by a person not the owner, the owner could not have it till he had paid the ransom : but it does not appear to be stated how the matter was settled if a Roman citizen recaptured property (of the class res postliminii) that had belonged to another Roman citizen. But this apparent difficulty may perhaps be solved thus : in time of war, no Roman citizen could individually be considered as acting on his own behalf under any circumstances, and, therefore, whatever he did was the act of the state. It is a re- mark of Labeo,' " Si quid hello captum est, in prada est, nan postliminio redit;" and Pomponius* states, that if the enemy is expelled from Roman lands, the lands return to their former owners, being neither considered public land nor prseda ; in making which remark he evidently assumes the general doctrine 1. (49, tit. 15, s. 14.)— 2. (Cic, De Or., i., 40 —Id., De Off., iii., 30.— Id., Top., 8.— Id., Pro CiBcina, c. 34.— Dig. 49, tit 15, s. 4 ; 50, tit. 7, s. 17.)— 3. (Dig. 50, tit. 7, ». 17.)— 4. (Pro Balbo, c. 12.)— 5. (Top., 8.)— 6. (Compare Festus, s. t. Postlimimiun.) —7. (Dig 49, tit. 15, s. 28.)— 8. (Dig. 49, tit. 15, s. 20.) 799 POTHUS. PR^CONES. laiJ down by Labeo. Paulas also, in his remark on Labeo's rule of law, merely mentions an exception to the rule, which was of a peculiar kind. If, then, anything taken in war was booty (■prada), to what did the jus postliminii apply 1 It applied, at least, to all that was restored by treaty or was included in the terms of surrender, and slaves, no doubt, were a very important part of all such tilings as were captured or lost in time of war ; and they were things that could be easily identified and restored to their owners. It also applied to a slave who escaped from the enemy and returned to his mas- ter. The maxim " qua: res hostiles apud nos sunt, occwpantium fiunt"''- has no reference to capture from the enemy, as it sometimes seems to be sup- It may be objected, that the explanation of one difficulty that has been already suggested raises another. According to this explanation, if a man in time of war recaptured his own slave, it would be prseda, and he would not at once recover the ownership, as above supposed. The answer is, that it may be so, and that this matter of postliminium, particularly as regards things, waits for a careful in- vestigation. As a general rule, all movables be- longing to an enemy which were captured by a Ro- man army were praeda, apparently not the property of the individual soldier who happened to lay his hands on them, but the property of the state, or, at least, of the army. Now the difficulty is to ascer- tain whether all movables so taken were praeda, ex- cept res postliminii, or whether all things so taken were prseda, res postliminii included. In the for- mer case, the res postliminii would be the property of the owner when he could prove them to have been his : in the latter, when a thing had become praeda, it had lost its capacity (if we may so speak) of being a res postliminii. The distinction here made is a fundamental one. The difficulty partly arises from the expression of Labeo above quoted. Si quid, &c., where the Floientine reading has been followed. But Bynkershoek' amends the reading into Si quod, &c., the propriety of which may be doubted. If a man made a will before he was taken cap- tive, and afterward returned, the will was good jure postliminii. If he died in captivity, the will was good by the lex Cornelia. The law of postlimini- um applied to time of peace as well as war, when the circumstances were such that the person or the thing could become the property of another nation,* as, for instance, of a nation that had neither an amicitia, hospitium, nor a fcedus with Rome ; for such might be tlie relation of a nation to Rome, and yet it might not be hostis. A nation was not hos- tis, in the later acceptation of that term, till the Ro- mans had declared war against it, or the nation had declared war against Rome. Robbers and pirates were not hostes, and a person who was captured by them did not become a slave, and therefore had no need of the jus postliminii. PO'STUMUS. (Vid. Hep.es, RoM.tN.) ♦POTAMOGEI'TON [no-aiiO-yeiTuv), the Pola- inogeton natans, or Floating Pondweed.' ♦POTE'RION (TTOTljpi.ov), a species of plant. Pena and Lobelius held it to be the Pnterium spino- sum, L., but Sprengel is inclined to think, with Mat- Ihiolus and Clusius, that it is the Astragalus Potc- rium, Pall., being a species of Tragacanth, accord- ing to Linnaeus.* POTESTAS. {Vid. Pxtria. Potestas.) *POTHUS (ffoSof), " a sper.ies of plant, which Sprengel, in the first edition Df his R. H. H., sets 1. (.Dig. 40, tit. 1, s. 51.)— 2 (IKiihlenbruf h, Doctr. Pand., p. 942.)— 3. (Op. Omn., i., p. 76.)-4. (Dig. 49, tit. 15, s. 5.)— 5. (Dioscor., iv., 99.)— 6. (Dioscor., iii., 15 — Adams, Append., s. v ) 800 down for the lychnis Chakedonica, and in the sec- ond for the. Amaryllis lutea, bat upon a doubtful reading according to Schneider. Bauhin, however, is pretty decided in favour of the Lychnis Choice- donica^^ PRAC'TORES {irpuKTopsc), subordinate officers {avojta vnripeaiag, says Pollux') who collected the fines and penalties (t-7r(6oAuf and rifi^/iara) imposed by magistrates and courts of justice, and payable to the state. The magistrate who imposed the fin(i, or the ^ye/iiiv dixaaTripiov, gave notice thereof in writing to the irpdiiropeg. He was then said eirj ypdfpstv TO rlftrjfia rolg TrpuKTopatv, and the debtor's name napadoBfivai, rolg TcpaKTopaiv. If the fine or any part thereof was to go to a temple, the like no- tice was sent to the ra/itat of the god or goddess to whom the temple belonged.' The name of the debtor, with the sum which he was condemned to pay, was entered by the TrpuKTopei: in a tablet in the Acropolis. Plence the debtor was said to be kyyeypajifievbg tu dr^fioalt^, or kv tti aKpo-Kokei. It was the business of the irpuKTopec to demand pay ment of this sum, and, if they received it, to pay it over to the uKodiKrai, find also to erase the name of the debtor in the register {i^a^,ecetv or airai,u- ifieiv). Such erasure usually took place in the pres- ence of some members of the senate. An fodeif/j lay against any man who made or caused to be made a fraudulent entry or erasure of a debt.* The collectors took no steps to enforce payment ; but, after the expiration of the ninth npvTaveia from the registering of the debt (or, in case of a penalty im- posed on a ypa^ri idpcac, after the expiration of eleven days), if it still remained unpaid, it was doubled, and an entry made accordingly.' There- upon immediate measures might be taken for seiz^ ure and confiscation of the debtor's goods ; but here the wpaKTopec had no farther duty to perform, ex- cept, perhaps, to give information of the default to the senate.' PR^CI'NCTIO. {Vid. Amphithe.itrhm, p. 53.) *PR.iECO'CIA (wpatKoiua), called ^epUoKKa in the Geoppnica, the same as the /i^/.a 'kpiicviam, be- ing a variety of the Apricot, or Prunus Armeniaca.'' PR^CO'NES, Criers, were employed for various purposes: 1. In sales by auction, they frequently advertised the time, place, and conditions of sale : they seem also to have acted the part of the mod- ern auctioneer, so far as calling out the biddings and amusing the company, though the property was knocked down by the magister auctionis.' (Vid. AuoTio.) a. In all public assemblies they ordered silence.' 3. In the comitia they called the centu- ries one by one to give their votes, pronounced the vote of each century, and called out the names of those who were elected." They also recited the laws that were to be passed. 4. In trials, they summoned the accuser and the accused, the plain- tiff and defendant." 5. In the public games, they invited the people to attend, and proclaimed the victors." 6. In solemn funerals they also invited people to attend by a certain form; hence these funerals were called funera indictiva." 7. When things were lost, they cried them and searched for I. (Theophrast., H. P., vi., 8.— Bauhin, Pjnax, 381.— Euslath. adHom., Od.,xi.,201. — Adams, Append., s.v.) — 2. (Onom., viii, 114.)— 3. (jEsch., c. Timarch, 5. — Andoo., De Myst., 11, cd. Stepli.— Dcmostli., c. Tlieoor., 1328.)— 4. (llarpoc. and SuidaB, s. V. 'Aypo^t'wv, aTTo&EKTai, i/zcu^cy/pai^jj.— Andoc, De Myel., 11, ed. Steph. — Demosth., c. Aristog;., 778. — Id., r, Theocr., 1338.) — 5. (jEsch., c. Timarch., 3, ed. Stcph. — Demosth., e. Pant.,973.— Id., 0. Theocr., 1322.— Id., c. NeKT , 1347.) — 6. (Bflckh, Slaatsh. der Ath., i., 167, 171, 418, 421.)— 7. (Dioeoor., i., 165.— Geopon., x., 73.— Hardouin ad Plin., H. N., xv., 31.— Adams, Append., s. v.)— 8. (Hor., Ep. ad Pis., 419.— Cic. ad At{., xii., 40.- Id., De Olf., ii., 23.)— 9. (Liv., iii., 47, — Plant, PcEn.,prol. 11.)— )0. (Cic.inV6iT.,II.,y.,15.— Id.iPrjMil.,35.) —11. (Suet., Tib. 11.)— 12. (Cic. ad F im.) T i 12.)- rl3. ing called servi terrae, and sometimes being con- trasted with liberi. They had, ho'.«'ever, connubium, which alone is a characteristic that distinguishes them clearly from slaves.' But, like slaves, they were liable to corporeal punishment, and they had no right of action against their master, whose rela- tion to them was expressed by the term patronus.' The colonus was attached to the soil, and he could not be permanently separated from it by his own act, or hy that of his patronus, or by the consent of the two. The patronus could sell the estate with the coloni, but neither of them without the other.* He could, however, transfer superabundant coloni from one to another of his own estates. When an estate held in common was divided, married persorip and relatives were not to be separated. The ground of there being no legal power of separating the co- loni and the estate was the opinion that such an ar- rangement was favourable to agriculture, and there were also financial reasons for this rule of law, &s will presently appear. The only case in which the colonus could be separated from the land was that of his becoming a soldier, which must be considered to be done with the patron's consent, as the burden of recruiting the army was imposed on him, and in this instance the state dispensed with a general rule foi reasons of public convenience. The colonus paid a certain yearly rent for the land on which he lived : the amount was fixed by cus- tom, and could not he raised ; but, as the land-own- er might attempt to raise it, the colon'is had in such case for his protection a right of action against him, which was an exception to the gen'iral rule above stated.* There were, however, cases in which the rent was a money payment, either by agreement or by custom. A farther analogy hetween the condition of servi and coloni appears from the fact of the property of coloni being called their peculium. It is, however, flistinctly stated tnat they could hold property ;' and the expressions which declare that they could have nothing " propria,"' seem merely to declare that it was not propria in the sense of their having power to alienate it, at least without the consent of their patroni. It appears that a colonus could make a will, and that, if he made none, his property went to his next of kin : for if a bishop, presbyter, deacon, &c., died intestate and without kin, his property went to the church or convent to which he belong- ed, except such as he Ijad as a colonus, which went to his patronus, who, with respect to the ownership of the land, is called dominus possessionis." Some classes of coloni had a power oiiahenating their prop- erty.' The land-tax due in respect of the land occupied by the colonus was paid by the dominus ; but the coloni were liable to the payment of the poll-tax, though it was paid in the first instance by the domi- nus, who recovered it from the colonus. The lia- bility of the colonus to a poll-tax explains why this class of persons was so important to the state, and why their condition could not be changed without the consent of the state. It was only when^ the co- lonus had lived as a free man for thirty years that 1. (Cod., si., lit. 47. s. 22.)— 2. (Cod- xi., tit. 47, 8. 24.) — » (Cod. Theod., v., tit. 11.)— 4. (Cod., xi., tit. 47, s. 2, 7.)— » (Cod., li., tit. 47, B. 5.)— «. (Cod. Theod., \., tit. II.)— 7. (Cod, xi., tit 49, s. 2.) — 8. (Cod. Theid., i, tit , 3 ) - 9. (Cod., jn., tit. 47, s. 23.) 801 he could maintain his freedom by a prsescriptio, but Justinian abolished this praescriptio, and thus em- powered the dominus to assert his right after any lapse of time.' With respect to their liability to the poll-tax, the coloni were called tributarii, censiti or censibus obnoxii, adscriptilii, adscriptitia condilionis, and censibus adscripti. This term adscriptio appears to have no reference to their being attached to the 'and, but it refers to their liability to the poll-tax as being rated in the tax-books ; and, accordingly, we find that the Greek term for adscriptitius is 'Evowd- As the coloni were not servi, and as the class of Latini and peregrin! hardly existed in the later ages of the Empire, we must consider the coloni to have had the sivitas, such as it then was ; and it is a consequence of this that they had connubium gen- erally. A constitution of Justinian, however,'' de- clared the marriage of a colonus who belonged to another person and a free woman to be void. The constitution does not seem to mean anything else than that in this case the emperor took away the connubium, whether for the reasons stated by Savig- ny, or for other reasons, is immaterial. This spe- cial exception, however, proves the general rule as to connubium. The origin of these coloni seems absolutely uncer- tain. They appear to be referred to in one passage of the Pandect^ under the name of inquilinus, a term which certainly was sometimes applied to the whole class of coloni. The passage just referred to states that, if a man bequeaths as a legacy the in- quilini without the prsedia to which they adhere lysine prmdiis guibus adharent), it is a void legacy. Savigny conceives that this passage may be ex- plained without considering it to refer to the coloni of whom we are speaking ; but the explanation that he suggests seems a very forced one, and the same remark applies to bis explanation of another passage in the Digest.* The condition of the old clients seems to bear some relation to that of the coloni, but aU historical traces of one class growing out of the other are entirely wanting ; and, indeed, all evi- dence of the real origin of the coloni seems to , fail altogether. Savigny observes that he does not perceive any historical connexion between the villeins {villan^ of modern Europe and the coloni, though there is a strong resemblance between their respective condi- tions. There were, however, many important dis- tinctions ; for instance, the villein services due to the lord had nothing corresponding to them in the case of the coloni, so far as we kaow. Littleton's Tenures, section 172, &c., and Bracton,* may be consulted as to the incidents of villeinage. . This view of the condition of the coloni is from 3avigny's Essay on the subject, which is translated in the Philological Museum, vol. ii. PRiEFECTUS. (Vid. Aemy, Roman, p. 102.) PR^FECTUS u^RA'RII. {Vid. ./Eraeiom.) PR^FECTUS ANNO'N.^, the prsefect of the provisions, especially of the corn-market, was not a regular magistrate under the Republic, but was only appointed in cases of extraordinary scarcity, when he seems to have regulated the prices at which corn was to be sold.° The superintendence of the corn- market throughout the whole Republic was at a la- ter period intrusted to Pompey for a period of five years ;' and, in accordance with this example, Au- gustus took the same superintendence upon himself, and commanded that two persons, who had been praetors five years before, should bf appointed every PRiEFECTUS PRiETORIO. year for the distribution of the com' (curam fnmai ti populo dimdundi"). ' Subsequently Augustus at signed this duty to two persons of consular rank ;• but he also created an officer, under the title of Pra fectus Annona, who must be distinguished from th» above-mentioned officers. This office was a per- manent one, and appears to have been only held b] one person at a time : he had jurisdiction over al matters appertaining to the corn-market, and, like the Prafectus Yigilum, was chosen from the equites and was not reckoned among the ordinary magis trates.* The prtefectus annonae continued to exisi till the latest times of the Empire : respectiqgjhi! duties in later times, see Walter, Gesch. dca SSm. Rechl.', p. 373, 374. PRAFECTUS AQUA'RUM. (7id.AQu^Dnc Tus, p. 75.) PRAFECTUS CASTRO'RUM, praefect of th( camp, is first mentioned in the reign of Augustus There was one to each legion.' We learn from Ve- getius' that it was his duty to attend to all matters connected with the making of a camp, such as the vallum, fossa, &c., and also to the internal economy of it. PR ri), a prosecution against those persons who performed the degrading office of pimps or procurers {trpoaya- yoi). By the law of Solon, the heaviest punishment {TafiiyiciTa imTiiMa)was inflicted on such a person (idv T(f ektvBepov %al&a fj yvvatna Trpoayuyeiay'') According to Plutarch,' a penalty of twenty drachms was imposed for the same offence To reconcile this statement with that of ^schines, we may sup- pose with Platner' that the law mentioned by Plu- taroi applied only to prostitutes. An example of a maa put to death for taking an Olynthian girl to a brothel {trfjaag iir' oU^fiaTo;) occurs in Dinarchus." A prosecution of a man by Hyperides em irpoaya- yiq, is mentioned by Pollux." A charge (probably false) was brought against Aspasia of getting free- born women into her house for the use of Peri- cles." In connexion with this subject, see the ypa- ibat 'ETAIPHSEaS, and *eOPAS TQN EAET- eEPQN." PROB'OLE (n-poSo^^), an accusation of a crim- mal nature, preferred before the people of Athens in assembly, with a view to obtain their sanction for bringing the charge before a judicial tribunal. It may be compared in this one respect (viz., that it was a preliminary step to a more formal trial) with our appUcation for a criminal information, .hough in regard to the object and mode of pro- leeding there is not much resemblance. The vrpo- 60?.^ was roserved for those cases where the pub- jc had sustained an injury, or where, from the sta- tion, power, or influence of the delinquent, the prosecutor might deem it hazardous to proceed in the ordinary way without being authorized by a vote of the sovereign assembly. In this point it differed from the eiaayycXia, that in the latter the people were called upon either to pronounce final judgment, or to direct some peculiar method of trial ; whereas in the wpoSo/l^, after the judgment of the assembly, the parties proceeded to trial in the usual manner. The court before whom they 1. (Cod., xii , tit. 17, B. 2.)— 2. (Cod., xi., tit. 9, b. 2.)— 3. (Cod., lii., tit. 28, s. 1.)— 4. (Cod., xii, tit. 7.)— 5. (Tlieophrast., II. P i., 6, 9.— Id ib., iii., 3.— Adams, Append., s. v.)— 6. (Aristot., H. A., vi., 12.)— 7. (JEsch., c. Tiraaroh., 3, 26, ed. Steph.)— 8. (Sol., 83.)— 9. (Proc. and Klag., ii., 216.)— 10. (c. Demosth., 93, ed. Steph.)— 11. (Onom., iii., 27.)— 12. (Pint., PericL, 32.— Ar- isioph., Achant., 527.)— 13. (Meier, Att. Proc., 332.) 808 appeared, however influenced they might be oy iu« prajudicium of the people, were under no legal com- pulsion to abide by their decision ; and, on the oth- er hand, it is not improbable that, if the people re- fused to give judgment in favour of the complain- ant, he might still proceed against his adversary by a ypai^fi or a private action, according to the na- ture of the case.' The cases to which the rrpotoXri was applied were complaints against magistrates for official misconduct or oppression ; against those public in formers and mischief-makers who were called miKi>- ^uvrai ; against those who outraged public decency at the religious festivals; and against all such as, by evil practices, exhibited disaffection to the state.' With respect to magistrates,' Schomann thinks that the 7!po6olai could only be brought against them at those ernxupoToviat which were held at the first Kvpia kKK.'kriala in eyery Prytanea, when the people inquired into the conduct of magistrates, with a view to continue them in office or depose them, according to their deserts. An example ol magistrates being so deposed occurs in Demosth., c. Theocr., 1330. The people (says Schomann) could not proceed to the hrnxsiporovia except on the Com- plaint {wpniolrj) of some individual ; the deposed magistrate was afterward brought to trial, if the accuser thought proper to prosecute the matter far- ther. There appears, however, to be no authority for limiting the vpotokai against magistrates to these particular occasions ; and other writers have not agreed with Schomann on this point.* An example of a Trpofio?.^ against sycophants is that which the people, discovering too late their error in putting to death the generals who gained the battle of Arginusae, directed to be brought against their accusers.' Another occurs in Lysias,' where the words avXKriidriv unavre^ Kai iv r^j i^fiff Kal iv Tu SiKaaTTjpiiJ avKofavTiaf; Kareyvure, describe the course of proceeding in this method of prosecu- tion.' Those who worked the public mines clandestine- ly, and those who were guilty of peculation or em- bezzlement of the public money, were liable to a npo^oTi/^. A case of embezzlement is referred to by Demosthenes, c. Mid., 584.° But the trpoioXri which has become most cele- brated, owing to the speech of Demosthenes against Midias, is that which was brought for misbehaviour at public festivals. We learn from the laws cited in that speech,' that TvpoBoAai were enjoined against any persons who, at the Dionysian, Thargelian, or Eleusinian festival (and the same enactment was probably extended to other festivals), had been guilty of such an offence as would fall within the description ofu'yc6eia nepl hprfiv. A riot or disturb- ance during the ceremony, an assault, or other gross insult or outrage, committed upon any of the performers or spectators of the games, whether cit- izen or foreigner, and even upon a slave, much more upon a magistrate or officer engaged in super- intending the performance ; an attempt to imprison by legal process, and even a levying of execution upon the goods of a debtor during the continuance of the festival, was held to be a profanation of its sanctity, and to subject the offender to the penalties of these statutes. For any such offence complaint was to be made to the prytanes (i. e., the proedri), who were to bring forward the charge at an assem- bly to be held soon after the festival in the theatre 1. (Platner, Proc. und Kl., i , 382.)— 2. (Uarpoor. and Sui- das, s. V. ViaTaxtipoTovia. — Pollux, Onom., viii., 46. — .^sch., De Fals. Leg., 47.— Isoor., irt/ii ivTii., 344, ed. Steph.)- 3. (De Co- mit., 231.)— 4. (Platner, Proc. und Kl , i., 385.— Meier, Att. Proc, 273.)— 5. {Xen.,Hcll., i.,7, « 39.)— 6. (c. Agorat., 136( ed Steph.)— 7. (Schom., De Com., 234.)— 8. (SchSm., 1. c- Pl« ner, Proc. und Kl., i., 381.)— 9. (517, 518, 571.) PROBOULOI. PROCONSUL ef Bacchus. The defendant was to be produced before the assembly. Both parties were heard, and then the people proceeded to vote by show of hands. Those who voted in favour of the prosecution were said KaraxeipoTovtZv, those who were against it anox^tpoTovelv. The complainant was said irpo- 6uM,eadaL tov uSiKovvra, and the people, if they con- demned him, ■ttpoKarayvomai,} Some difficulty has arisen in explaining the fol- Jjwing words in the law above referred to : rag iTQofio/laf TrapadidoTttiaav doat dvfiij kKTETLajb.tvai uaiv. Platner" and Schomann' suppose that by these words the prytanes are commanded to bring before the people those complaints for which satisfaction has not been made by the offender to the prosecu- tor ; and, to show that a compromise would be le- gal, Platner refers to Demosthenes, c. Mid., 563, 583 ; to which we may add the circumstance that Demosthenes is said to have compromised his charge against Midias for a sum of money. Meier* explains it thus : that the prytanes (or, rather, the proedri) were to bring before the people all the ■Kpoiolai, except those of a trifling character, for which they were themselves empowered to impose a fine. (As to the powe" of fining, see Att. Proc, 34.) If we suppose the complaint to take the name ofirpoSoXij upon its b" .:ig presented to the proedri, the expression eKTeriafieii^ npo6o}iij will cause no difficulty ; for as SiKtjv rivnv signifies to pay the damages awarded in an action, so •apoSo'kriv riveiv may signify to pay the fine imposed by the magis- trates before whom the charge was brought ; and irpp^ol-hy is not used improperly for emtoK^v, any more than Sinriv is for Ti/irj/ia in the other case. Perhaps there is more force in another objection urged by Platner, viz., that (according to this inter- pretation) the not bringing the case before the as- sembly is made to depend on the non-payment, and not (as might have been expected) on the imposition of the fine. The people having given their sentence for the prosecution, the case was to be brought into the court of helisea. In certain cases of a serious na- ture, the defendant might be required to give bail for his appearance or (in default thereof) go to prison.'' The persons on whom devolved the iiye- uovia SLKaaTTipiov were, according to Pollux,* the thesmothetae. Meier' thinks this would depend on the nature of the case, and that, upon a charge for the profanation of a festival, the cognizance would belong to such of the three superior archons as had the superintendence thereof This would \uo doubt) foUow from the ordinary principles of Athenian jurisprudence; but it may be conceived that the extraordinary nature of the complaint by Tpo6o%fi might take it out of the common course of practice.' The dioasts had to pronounce their verdict on the guilt of the party, and to assess the penalty, which might be death, or only a pecuniary fine, according to their discretion. The trial (it seems) was attended with no risk to the prosecutor, who was considered to proceed under the authority of the popular decree.' PROBOULEUMA. (Vid,. Boulb, p. 168, 169.) PROBOULOI {npoiov'koi), a name applicable to any persons who are appointed to consult or take measures for the benefit of the people. Thus the delegates who were sent by the twelve Ionian cities to attend the Panionian council, and deliberate on the affairs of the confederacy, were called irpoSov- Xot." So were the deputies sent by the severed Greek states to attend the congress at the Isthmus, 1. (Demosth., c. Mid., 578, 583, 586.)— 2. (Proc. tind Kl., i.,! S04.)^— 3. (De Uom., 238.)— 4. (Att. Proc, 275.)— 5. (Meier, Att. i Proc., 276.) — 6. (viii., 87.)— 7. (I.e.) — 8. (Platner, 39S.) — 9. ^ (Meier Att. Proc., 277.)— 10. (Herod., vi., 7.) 5K on the occasion of the secono lersian invasion ;' and also the envoys whom the Greeks agreed to send annually to Platjea." The word is also used, like vo/io(j>v}i.aKE{, to denote an oligarchical body, in whom the government of a state was vested, or who at least exercised a controlling power over the senate and popular assemblies. Such were the sixty senators of Gnidus ; and a similar body ap- pears to have existed at Megara, where, although democracy prevailed at an earlier period, the gov- ernment became oligarchical before the beginning of the Peloponnesian war.= A body of men called npoSovXot were appointed at Athens, after the end of the Sicilian war, to act as a committee of public safety. Thucydides* calls them apx^v riva izpta- SvTepov avdpdv, otTiveg irepl tuv -KapovTuv uf d,v Kai' pof 5 npoBovlciaovai. They were ten in number.' Whether their appointment arose out of any con- certed plan for overturning the constitution, is doubtful. The ostensible object, at least, was differ- ent ; and the measures which they took for defend- ing their country and prosecuting the war appear to have been prudent and vigorous. Their author- ity did not last much longer than a year ; for a year and a half afterTard Pisander and his colleagues established the council of Four Hundred, by which the democracy was overthrown.^ The first step which had been taken by Pisander and his party was to procure the election of a body of men called ^vyypafelg avTOKparopeg, who were to draw up a plan, to be submitted to the people, for remodelling the constitution. Thucydides says they were ten in number. Harpocration' >ites Androtion and Phi- lochorus as having stated that thirty were chosen, and adds, 'O 6e QovKvM6i]g tC>v dina sfivTjfiovsvae /lovov Tuv TTfiodov^LOTj. Thi.s and the language of Suidas' have led Schomann to conjecture that the ■KpoBovAoi were elected as cvyypa^dg, and twenty . more persons associated with them, making in all the thirty mentioned by Androtion and Philocho- rus.' Others have thought that the avyypa^sTg of Thucydides have been confounded by grammariaiis with the thirty tyrants, who were first chosen o'l Tovg naTplovg vbjiovg avyypuiliuai aad' ovg ttoXctsv* iTojjCTi."' These Athenian 7rp66ov}i,oi are alluded to by Aristophanes in the Lijsislrata,^^ which was act- ed the year after the Sicilian defeat, and by Lysias, c. Eratosth., 126, ed. Steph. PROCHEIROTON'IA (nfoxeiporm m.) {Vii. BouLE, p. 169) PROCLE'SIS {npoiariaii.) (Vid. Diaitetai, p. 353, 354.) PROCONSUL is an officer who acts in the place of a consul without holding the office of consul itself; though the proconsul was generally one who had held the office of consul, so that the proconsul- ship was a continuation, though a modified one, of the consulship. The first time that we meet with a consul whose imperium was prolonged after the year of his consulship, is at the commencement of the second Samnite war, at the end of the consular year 327 B.C., when it was thought advisable to prolong the imperium {imperium prorogare) of Q. Publilius Philo, whose return to Rome would have been followed Ijy the loss of most of the advantages that had been gained in his campaign.'' The pow- . er of proconsul was conferred by a senatus consul- tum and plebiscitum, and was nearly equal to that of a regular consul, for he had the imperium and ju- i.' (Herod., Tii., 172.)— 2. (Plutarch, Arist., 2I.)-3. (Aristot;; Pol., iv., 12, 8.— Id., vi., 5, 13. — Miiller, Dor., iii., 9, I, 10. _ Wachsmuth, Altertll., 1., ii., 91. — Schomanu, Antiq. Jur. Publ., 82.)— 4. (viii., 1.)— 5. (Suidas, s. v. ILjiifiouADi.)— 6., (Thucyd., tiii-, 67.— Wachsmuth, J., ii., ^97.)— 7. (s. v. Svyj'padtiy.)-.^ (aiT. npJSouAoii)— 9. (Ant. Jur. Publ., lei.)— 10. (Xen,, He.l 3, «2.— GblloradThucyd., viii., 67.)— 11. (v., 467.)— 12 (Ijt, Tiii., 23. 26 1 809 PRODIGIUM. PJIUUOSIA. risdictio, but it differed inasmueh as it did not ex- tend over the citj' and its immediate vicinity (see Niebuhr, Rom. Gesch., iii., p. 214, who infers it from Gaius, iv., 104, 105), and was conferred without the auspicia by a mere decree of the senate and peo- ple, and not in the comitia for elections.' Hence, whenever a proconsul led his army back to Rome for the purpose of holding a triumph, the imperium (in urbe) was especially granted to him by the peo- ple, which was, of course, not necessary when a consul triumphed during the year of his office. Livy,' it is true, mentions men appointed with pro- consular power at a much earlier period than the time of Publilius Philo ; but there is this difference, that in this earlier instance the proconsular power is not an imperium prorogatum, but a fresh appoint- ment as commander of the reserve, and Niebuhr" iustly remarks that Livy here probably applies the phraseology of a much later time to the commander of the reserve ; and this is the more probable, as Dionysius* speaks of this uvTiarpaniyo; as having been appointed by the consuls. Nineteen years after the proconsulship of Publilius Philo, 308 B.C., Livy' relates that the senate alone, and without a plebiscitum, prolonged the imperium of the consul Q. Fabius Maximus Rullianus ; but it is manifest that here again Livy transfers a later institution to a time when it did not yet exist ; for it was only by the lex Msenia (236 B.C.) that the senate obtained the right to prolong the imperium. When the number of Roman provinces had be- come great, it was customary for the consuls, who during the latter period of the Republic spent the year of their consulship at Rome, to undertake at its close the conduct of a war in a province, or its peaceful administration.' There are some extra- ordinary cases on record in which a man obtained a province with the title of proconsul without hav- ing held the consulship before. The first case of this kind occurred in B.C. 211, when young P. Cor- selius Scipio was created proconsul of Spain in the comitia centuriata.' During the last period of the Republic such cases occurred more frequently.' Respecting the powers and jurisdiction of the pro- consuls in the provinces, see Peovinoia. After the administration of the Empire was new- ly regulated by Constantine, parts of certain dio- ceses were under the administration of proconsuls. Thus a part of the diocese of Asia, called Asia in a narrower sense, Achaia in the diocese of Mace- donia, and the consular province in the diocese of Africa, were governed by proconsuls.' PROCURATOR is the person who has the man- agement of any business committed to him by an- other. Thus it is applied to a person who main- tains or defends an action on behalf of another, or, as we should say, an attorney {vid. Actio, p. 19) ; to a steward in a family {vid. Calcolator) : to an officer in the provinces belonging to the Csesar, who attended to the duties discharged by the quaes- tor in the other provinces (vid. Provincia) : to an officer engaged in the administration of the fiscus (vid. Fisous, p. 444) ; and to various other officers under the Empire. PRODI'GIUM, in its widest acceptation, denotes any sign by which the gods indicated to men a future event, whether good or evil, and thus includes omens and auguries of every description." It is, however, generally employed in a more restricted sense to signify some strange incident or wonderful appear- ance, which was supposed to herald the approach of 1. (Liv., ix., 42.— Id., x., S2.— Id., xmH., 28.— Id., xxiv., 137) —2. (iii., 4.)— 3. (Hist, of Kome, ii., p. 123.)— 4. (ix., 12.)— 5. (ii.,42;)^6. (Cic, De Nat. Daor., ii., 3.— LIT., ixjriii., 25.— Cic. ad Fam., viii., 5, 13.)— 7. (Liv., ixvi., 180—8. (Plut-., JSmil Paul., 4.— Oio., De Leg., i., 20.)— 8. (Walter, Gesch. des Rom Bechts, p. 382, &o.)— 10 (Virg., Mn., v., 638.— Serv. ad loo Plin., H. N., xi., 37.— Cic. in Verr., II., iv., 49.) 810 misfortune, and happened under such circumstance! as to announce that the calamity was impending over a whole community or nation rather than private individuals. The word may be considered synonymous with ostentum, monstrum, portentum " QtUa enim ostendunt, portendunt, monslrant, pro. dicunt; osienta, portenta, monstra, prodigia dieiln- tur."^ It should be observed, hovi'ever, that pro digium must be derived from ago, and not from dico, as Cicero would have it. Since prodigies were viewed as direct manifesta- tions of the. wrath of heaven, and warnings of coming vengeance, it was believed that this wrath might be appeased, and, consequently, this ven- geance averted, by prayers and sacrifices duly offer- ed to the oflfended powers. This being a matter which deeply concerned the public welfare, the necessary rites were in ancient times regularly performed, under the direction of the, pontifices, by the consuls before they left the city, the solemni- ties being called procufatio prodigiorum. Although, from the very nature of the occurrences, it was im- possible to anticipate and provide for every con- tingency, we have reason to know that rules for expiation, applicable to a great variety of cases, were laid down in the Oslcnlaria, the Lihri RituaUs, and other sacred books of the Etrurians,' with the contents of which the Roman priests were well ao quainted ; and when the prodigy was of a very ter- rible or unprecedented nature, it was usual to seek counsel from some renowned Tuscan seer, from the Sibylline books, or even from the Delphic ora- cle. Prodigies were frequently suffered to pass unheeded when they were considered to have no direct reference to public aifeirs, as, for example, when the marvel reported had been observed in a private mansion or in some town not closely con- nected with Rome, and in this case it was said mn suscipi, but a regular record of the more important was carefully preserved in the Annals, as may be seen from the numerous details dispersed through- out the extant books of Livy.' For an interesting essay on the illustrations of Natural History to be derived from the records of ancient prodigies, see Heyne, Opusc. Acad., iii., p. 198, 255. PRODOSTA (npoSoaia). Under this term was included not only every species of treason, but also every such crime as (in the opinion of the Greeks) would amount to a betraying or desertion of the in- terests of a man's country. The highest sort of treason was the attempt to establish a despotism (Tvpawic) or to subvert the constitution (KaraMetv TTjv TToTiiTeiav), and in democracies Kara'Aveev rov S^pov or TO 5T/l?/Sof. Other kinds of treason were a secret correspondence with a foreign enemy ; a betraying of an important trust, such as a fleet, army, or fortress ; a desertion of post ; a disobe- dience of orders, or any other act of treachery or breach of duty in the public service.* It would be a betrayal of the state to delude the people by false intelligence or promises, or to disobey any special decree, such as that (for instance) which prohibited the exportation of arms or naval stores to Philip, and that which (after Phihp had taken possession of Phocis) forbade Athenian citizens to pass the night out of the city.' But not only would overt acts of disobedience or treachery amount to the crime of irpodoaia, but also the neglect to perform those active duties which the Greeks in general es- 1. (Cic, DeDiT.,i., 42.)— 2. (Cic, De Div., i., 33.— I*iiller, Ktmsker, i., p. 33, 36, 343; ii., 30, 99, 122. !31, H6, 33r.)-3 (See LiT., ii., 42; iii'., 10; xxiv., 44; xxxvii., 3; xliii.,, 13.— Muller, Die Etrusker, li., p. 191.— Hartnng, Die Religion del HBmer, i., p. 96.)— 4. (Demosth., Pro Cor., 242.— Id., c Lept. 4Sl.— Ml, c Timocr., 745.— Id., c. Titooth., 1204.— Id., Pro Cor Trieraroh., 1230.— Lys., c. Agor., 130, 131, ed. Stepli — Lycurg. c Leoof., 155, ed. Steph.)— 5. (Domdsth., c. Lept., 487, 498 - Id., Pro Cor., 238.— Id., De Fals. Leg , 4;tf ) PRODOSIA. PROGAMEIA. pe(nn;d of every good citizen. Cowardice in battle (iei^ia) would be an instance of this kind; so would any breach of the oath taken by the ^Ji^oi at Athens, or any line of conduct for which a charge of disaffection to the people (/ucrndriiiia) might be successfully maintained.' Thus we find persons, whose offence was the propounding uncon- stitutional laws, or advising bad measures, or the like, charged by their political opponents with an attempt to overthrow the constitution.' Of the facility with which such charges might be made at Athens, especially in times of political excitement, when the most eminent citizens were liable to be suspected of plots against the state, history affords abundant proof; and Greek history, no' less than modern, shows the danger of leaving the crime of treason undefined by the law, and to be interpreted by judges.' One of the most remarkable trials for constructive treason at Athens was that of Leoo- rates, who left the city after the defeat at ChiE- ronea, and was prosecuted \iy Lycurgus for deser- tion of his country. The speech of Lycurgus is preserved to us, and is a good specimen of his elo- quence. The facts of the case are stated in p. 150, ed. Steph. The nature of the charge may be seen from various expressions of the orator, such as npodovg Tovg veu^ Kol to, ^drj K.al Tag kv rolg vofjLoig ^aiag ( 147), jifj ^oriff^aa; rolg narpioig ispoi;, iyKara- Tunav ttjv jtoXcv (148), ov Loci." Until about the time of Constantine, so far as the Pandect shows, defensor was the title of per- sons who were merely employed in certain munici- pal matters of a temporary kind. In the year A.D. 365, the defensores appear as regularly established functionaries.' They were elected by the decuri- ones and all the city ; but, unlike the magistratus, they could not be elected out of the body of decuri- ones. The office was originally for five years, but after the time of Justinian only for two years. The principal business of the defensor was to protect his town against the oppression of the governor.' He had a limited jurisdictio in civil matters, which Jus- tinian extended from matters to the amount of 60 solidi to matters to the amount of 300 solidi. There was an appeal from him to the governor.' He could not impose a multa, but he could appoint a tutor. In criminal matters, he had only jurisdictio in some- of the less important cases. The number of senators, both in the Italic and provincial towns, seems to have been generally one hundred ; and this was the number in Capua.* But the number was not in all places the same. Besides the actual members, the album decurionum compri- sed others who were merely honorary members. The album of the town of Canusium, of the year A.D. 223, which has been preserved, consists of 148 members, of whom 30 were palroni, Roman sena- tors, and 2 were patroni, Roman equites ; the re- mainder were 7 quinquennalicii, a term which is easily explained by referring to the meaning of the term quinquennales (vid. Colonia, p. 283), 4 allecti inter quinquennales, 22 duumviralicii, 19 aedilieii, 21 pedani, 34 prstextati. The distinction between pe- dani and praetextati Savigny professes himself una- ble to explain. In many towns, the first persons in the list of actual senators were distinguished from the rest, and generally the first ten, as decemprimi, of which there is an example in Livy ^^ and in the case of Araeria, and of Centuripae in Sicily.' It has been previously shown, that, at the time when the Roman respublica bed attained its com- plete development, Italia and the provmeiae were the two great •«in}ponent partf of the Empire ; and one great distmction between them was this, that in I. (Cod., i., tit. 65, " De Defensoribus.")— 2. (Cod., i., tit. 55,. s. 4.)— 3. (Nov., 15, c. 5.)— 4. (Cio. in Rail, ii., 36.)^. (nix., 15: "Magistratus denosque principes.'') — 6 (Ci?., I*rn R(« Amer., c. 9. — Id. in Verr., ii., 07 ) PROVINCIA. PKOVlNClA. Italia the towns had.magistratus with jurisdictio ; in the provinces, except in places which had receiv- ed the jus Italicum, the governor alone had jurisdic- tio. But with the growth and development of the imperial power a greater uniformity was introduced into the administration of all parts of the Empire, and ultimately Italy itself was under a provincial form of government. {Vid. Colonia.) As above shown, the relation of the governor to the province was not the same when a city had magistratus and when it had not ; and, consequently, it was in this respect not the same in Italy as in the provinces. The constitution of Constantine was based on a complete separation of the civil and military power, which were essentially united in the old system of provincial government : Justinian, however, ulti- mately reunited the civil and military power in the same person. The goverhor, who had civil power, was called rector, judex, judex ordinarius ; and of these governors there were three classes, consu- lates, correctores, prasides, among whom the only distinction was in the extent and rank of their gov- ernment. In the writings of the older jurists, which are excerpted in the Pandect, the praeses is a gen- eral name for a provincial governor.' The military power was given to duces, who »vere under the gen- eral superintendence of the magistri militum. Some of these duces were called comites, which was ori- ginally a title of rank given to various functionaries, and among them to the duces ; and when the title of comes was regularly given to certain duces, who had important commands, the name dux was drop- ped, and comes became a title. This was more particularly the case with important conv lands on the frontier." The comes is mentioned in imperial constitutions before the dux, whence we infer his higher rank.' It remains to add a few remarks on the exercise of the jurisdictio, so far as they have not been anti- (fipateU in speaking of the functionaries themselves. In Italy, and in the towns, which had the privileges of Italian towns, all matters, as a general rule, came before the magistratus in the first instance ; but in certain excepted matters, and in cases where the amount in question was above a certain sum (the precise amount of which is not known), the matter came before the governor of the province in the first instance, or in Italy before the Roman praetor. Un- til the middle of the fourth century A.D., all matters in the provincial towns which had not magistratus came before the governor in the first instance ; but about this time the defensor acquired a power like that of the magistratus of the privileged towns, though more hmited. The old form of proceeding in civil matters has been explained elsewhere {vid. Judex) : the magistratus empowered the judex to make a condemnatio ; and this institution was the ordo judiciorum ptivatorum. That which the ma- gistratus did without the aid of a judex was extra ordinem. (Vid. Intehdictdm.) The same institu- tion prevailed in those towns which had a magis- tratus, for it was of the essence of a magistratus or of jurisdictio to name a judex.* Under the emper- ors, it gradually became common for the magistra- tus to decide various cases without the aid of a ju- dex, and these are the extraordinariae cognitiones spoken of in the Digest.* In the reign; of Dioclesian, the.ofdo judiciorum, as a general rule, was abolish- ed in the provinces, and the pedanei judices (hoc est qui negotia humiliora disccptmt) were only appointed by the praeses when he was very much occupied with business, or for some trifling matters (vid. Jo- ! (Dig. 8, tit. 18.) — 2. (Cod. Theod., vii., tit. I, s. 9.).— 3. (C(hl. Tlieod., viii., tit. 7, s. 11 ; '*Ad magiatroi militum, et co- mites, et duces omnea.") — 4. (Lex Gall. Cisalp., c. 20.) — 5. (50, 'it 13.) SI- DEx PEnXNEHs") ; and in the time of Justinian the institution had entirely disappeared," and^ as it is conjectured, both in Rome and the municipia. By the aid of the judices, two praetors were atle to conduct the whole judicial business between cit- izens and peregrin! at Rome ; and by the aid of the same institution, the judicial business was conduct- ed in the jurisdictiones out of Rome. In no othei way is it conceivable how the work could have been got through. But when the ordo judiciorum was abolished, the difficulty of transacting the business must have been apparent. How this was managed is explained by Savigny, by referring to the growth of another institution. Even in the time of the Re- public, the praetors had their legal advisers, espe cially if they were not jurists themselves ; and when all the power became concentrated in the Caesa^g; they were soon obliged to form a kind of college ftr the despatch of business of various kinds, and par- ticularly judicial matters which were referred to the Caesar. This college was the Caesar's consistorinm or auditorium. The provincial governors had ttieir body of assessors, which were like the Caesar's au- ditorium ;' and it is a conjecture of Savigny, which has the highest probability in its favour, that the new institution was established in the municipal towns and in the provincial towns, so that here also the magistratus and the defensor had their as- sessors. Besides the jurisdictio which had reference to litigation, the so-called contentiosa jurisdictio, there was the voluntaria. Matters belonging to this ju- risdictio, as manumission, adoption, emancipation, could only be transacted before the magistratus populi Romani, and, unless these powers were spe- cially given to them, the municipal magistrates had no authority to give the legal sanction to such pro- ceedings ; though in the old municipia it is probable that the power of the magistratus was as little lim. ited in the voluntaria as in the contentiosa jurisdio- tio. In the imperial period it was usual to perform many acts before the public authorities, and in the three cases of large gifts, the making of a will, and the opening of a will, it was necessary for these acts to be done before a public authority. Such acts could be done before a provincial governor, and also before the curia of a city in the presence of a magistratus and other persons. (Compare the Con- stitution of Honorius, Cod. Theod., xii., tit. I, s. 151, and a Novel of Valentinian, Nov. Theod., tit. 23, with Savigny's remarks on them.) Though the general administration of the Roman provinces is adequately understood, there are dif- ferences of opinion as to some matters of detail ; one cause of which lies in the differences which ac- tually existed in the administration of the prijvinces, and which had their origin in the different circum- stances of their conquest and acquisition, and in the diversity of the native customary law in the dif- ferent provinces, with a large part of which the Ro- mans qriginally did not interfere. A general view of the provinces should therefore be completed and corrected by a view of the several provinces The authorities for this imperfect view of the pro- vincial government have been generally referied to. They are, more particularly, Sigonius, De Auliquo Jure. P.rDmiciannn,\\\>. i.-iii. — (jottling, Geschichte derRomiscken StaaMerfassung. — Walter, Geschich- te dcs Roiniscken JfccA/i, where the authorities are very conveniently collected and arranged, and chap. x:ixi., notes 76, 79, wherein he differs from Savigny as to the jus Italicum ; in chapter xxxvii., AValler has described the provincial divisions of theEmp(fe, which existed about the middle of the fifth centui^ 1. (Cod., iii., lit ', s. 2.) —2. (Inst., iv., lit. 15, a. 8.) — J (Dig. 1, tit. 22.) 817 PRYTANEION. PSEPHOS: A.D. — Savigny, GescMchte des Rom. Rechts im Mil- telalter, vol. i. — Puchta, Ueber den Inhalt der Lex Rubria, Zeitschrift, &e., vol. x. ♦PROUMNOS (Trpouuvof), a name given, accord- iag to Galen, to the Wild Plum.' PROVOCA'TIO. {Vid. Appellatio, Roman.) PROVOCATO'RES. {Vid. Glamatores, p. 476.) PROXENIA (npo^evia), PROXENOS (wpofevof). 'Vid. HospiTiuM.) PRUDENTES. (FiiZ. Jorisoonsdlti.) ♦PRUNUM, the Plum, called in Greek kok/cviiij- Kov. ( Vid. CoccYMELEA.) It is the fruit of the Prunus domestica, L. *PRUNUS {KOKKviirflea), the Plum-tree, or Pru- nus domestica, 1j. (Fi(i. CoccYMELEA.) Tlieophras- tus and Dioscorides designate the Plum-tree by the n^me of kokkv/ieHu. It is also called by Theophras- tus npovvri. Galen styles it ■Kpovfivri. The com- [»und term KoKKviirjXia, however (meaning the tree that bears for fruit little balls or pillules), is the most classical form of expression. The term irpovvji, wbence comes the Latin prunus, seems to be a bar- barian word GraBcised. The Plum-tree is originally from the mountains in the vicinity of Damascus.' PRYTANEION (npvravetov). The Xlpviavsla of he ancient Greek states and cities were to the jomraunities living around them, the common houses of which they in some measure represented, what private houses were to the families which occupied ihem. Just as the house of each family was its home, so was the XlpvTavelov of every state or oity ihe common home of its members or inhabitants, and was consequently called the iaria ndleag, the 'focus" or "penetrale urbis."^ This correspond- jnce between the TlpvTavclov, or home of the city, .md the private home of a man's family, was at .4.thens very remarkable. A perpetual fire, or ■nvp laiiOTov, was kept continually burning on the public altar of the city in the Prytaneiura, just as in private houses a fire was kept up on the domestic altar in the inner court of the house.* The same custom was observed at the Prytaneium of the Eleans, where a fire was kept burning night and day.' Moreover, the city of Athens exercised in its Prytaneium the duties of hospitality, both to Its own citizens and strangers. Thus foreign am- bassadors were entertained here, as well as Athe- nian envoys on their return home from a successfnl or well-conducted mission.' Here, too, were en- tertained from day to day' the successive prytanes, or presidents of the senate, together with those cit- izens who, whether from personal or ancestral ser- vices to the states, were honoured with what was called the ajri/cif h TIpvTaveiu, the " victus quotidi- mius in Prytaneo,'" or the privilege of taking their meals there at the public cost. This was granted sometimes for a limited period, sometimes for life, in which ^tter case the parties enjoying it were called d.eioiToi. The custom of conferring this hon- our on those who had been of signal service to the state and their descendants was of so gre^t anti- quity, that one instance of it was referred to the times of Codrus ; and in the case to which we al- lude, the individual thus honoured was a foreigner, a native of Delphi.' Another illustration of the uses to which the Prytaneium was dedicated is found in the uase of the daughters of Aristeides, who, on the death of their father, were considered as the adopted children of the state, and married 1. (Galen, De Simpl., tii. — Theophr., ii., 1. — Adams, Ap- pend., s. T.)— 2. (Theophr., H. P., i., 18 ; iv., 1. — Dioscor., i., 1381— F6e, Flore de Virgrilc, p. cxixiv.) — 3. (Cic, De Leg., ii., iSP-Liv., xli., 20.— Dionys., ii., 2.1, 65.)-4. (Pollui, Onom., i., T.-T-Amold ad Thucyd., ii., 15.)— 5. (Pans., v., 15, 4 5.)— 6. (Ar- isSoph., Ach., 125.— Pollux, Onom,, ix., 40.) — 7. (Biickh, Publ. Eton., i., p. 329.) — 8. (Cic, Do Oral., i., 54.) — 9. (Lyeur., c. r.eocr., p. 158.) from (tKdodeiaai) that common home of the city, just as they would have been from their father's home had he been alive.' Moreover, from the ever-burn- ing fire of the Prytaneium, or home of a mother state, was carried the sacred fire which was to be kept burning in the prytaneia of her colonies , and if it happened that this w,as ever extinguished, ithu flame was rekindled from the prytaneium of the pa- rent city." Lastly, a Prytaneium was also a distin. guishing mark of an independent state, and is men tioned as such by Thucydides,' who informs us thai before the time of Theseus every city or state (to. Xig) of Attica possessed a Prytaneium. The Ach». ans, we are told,* called their Prytaneium Ti^lTov (from ^euf, populus), or the " town-hall," and exclu- sion from it seems to have been a sort of civil ex- communication. The Prytaneium of Athens lay under the Acrop; olis, on its northern side (near the ayopd), and was, as its name denotes, originally the place of assem- bly of the TcpvTavel( : in the earliest times it proba- bly stood on the Acropolis. Officers called irpvTa-' vel( were intrusted with the chief magistracy in sev- eral states of Greece, as Corcyra, Corinth, Miletus,' and the title is sometimes synonymous with ^aciK- ' Elf, or princes, having apparently the same root as Trptirof or KpoTarof. At Athens they were in early times probably a magistracy of the second rank in the state (next to the archon), acting as judges in various eases (perhaps in conjunction with him), and sitting in the Prytaneium. That this was the case is rendered probable by the fact, that even in after times the fees paid into court by plaintifl" and de- fendant, before they could proceed to trial, and re- ceived by the dicasts, were called wovravela.^ This court of the Prytaneium, or the to trrl Xlovravefy, is said' to have been presided over by the (^vhiiaaik- «f, who, perhaps, were the same as the npvra; tic. In later ages, however, and after the establish- ment of the courts of the heliasa, the court of the Prytaneium had lost what is supposed to have been its original importance, and was made one of the courts of the ephetse, who held there a species of mock trial over the instruments by which any indi- vidual had lost his life, as well as over persons who had committed murder, and were not forthcoming or detected. The tablets or (ifovef, otherwise icvpSeig, on which Solon's laws were written,' were also deposited in the Prytaneium ;' they were at first kept on the Acropolis, probably in the old Prytaneium, but after- ward removed to the Prytaneium in the ayopd, that they might be open to public inspection." Ephial- tes is said to have been the author of this measure,'* but their removal may have been merely the conse- quence of the erection of a new Prytaneium on the lower site in the time of Pericles." PRY'TANEIS. (,Vid. Peytaneion, Boule, page 168, 170.) *PSAR (fdp), the Starling, or Sturnus vulgaris: Starlings are gregarious, and hence mention is made by Homer of " a cloud of starlings."" ♦PSEN {ipfiv), the insect on the fig-tree which performs the work of caprification. It is the Cynips Psenes of modern naturalists." PSEPHISMA (li/^^jCT^a). (FkZ. Boule, p. 169; NoMOTHETES, p. 664.) PSEPHOS {ij)^foc). The Athenian dicasts, in giving their verdict, voted by ballot. For this pur- 1. (Plut., Arist.,c. 27.)--2. (Duker ad Thucyd., i., 24.)— 3. (ii., 15.)— 4. (Hei-od., vii., 197.)— 5. (Wachsmuth, 1., i., 194.)— 6. (PoUux, Onom., viii., 38.)-7. (Id. ih., viii., 120.)— 8. (Pint., Sol., 25.)— 9. (Paua., i., 18, « 3.)— 10. (Pollux, Onom , viii., 128.) —11. (Harpocr., s. y. 'O ndrudsv v6uas.)—l% (Thiriwali, Hist of Greece, ii., p. 54.)— 13. (Horn., 11., xvii., 755.— Didymi, schol. ad loc— Adams, Append., s. v.! 14. (TheophV., H. P... -i., 9.— Adams, Append., s v ) PSEPHOS. PSEUDEGGRAPHES GRAPHE. pose they used either seashells, xotpivat,^ or beans (henep the S^iio; is called Kvaij.oTp6^ by Aristopha^ ties"), or balls of metal (airov&vXot), or stone {ipfj- poi). These last were the most common : hence rpri^H^adat and its various derivatives are used so often to signify voting, determining, &c. The balls were either pierced {rerfwir^/iivai) and whole (jrX?;- petg), the former for condemnation, the latter for ac- quittal,' or they were black and white, for the Bamn purposes respectively, as the following lines shovp :* '• Mos erat antiquus niveis atrisque lapillis, His damnare reos, illis absolvere ciUpa.^^ There might be three methods of voting. First, the secret method, called upMijv ■^rt^i^eadai, when each dicast had two balls given him (say a black and a white) ; two boxes {KaSot, Ka&lcKoi, or d/iiiopuc) were prepared, one of brass, called the judgment- box (Kjipiof), into which the dicast put the ball by which he gave his vote, and the other of wood, call- ed uKvpoi, into which he put the other ball, and the only object of which was to enable him to conceal his vote. Each box had a neck or funnel {ntjiiog, i. c, eiridTi/ia fiiHc ■f^(pov x'^pc'^ Ix"")) ihto which a man could put his hand, but only one ball could pass through the lower part into the box.' Secondly, there might be only one box, in which the dicast put which of the two balls he pleased, and returned the other to the officer of the court. Thirdly, there might be two boxes, one for condemnation, the oth- er lor acquittal, and only one ball.' The first method was most commonly practised at Athens. Where, however, there were several parties before the court, as in inheritance causes, to one of whom an estate or other thing was to be adjudged, it was customary to have as many ballot-boxes as there were parties, or, at least, parties in distinct interests ; and the dicast put the white or whole ball into the box of that person in whose favour he decided. {Vid. He- BEs, Greek.) The same system of balloting was Employed when the dicasts voted on the question of damages. Hence the verdict on the question, guilty or not guilty, or for. the plaintiff or defendant (to distinguish it from the other), is called irpdrri \p^ipog.'' A curious custom was in vogue in the time of Aristophanes. Each dicast had a waxen tablet, on which, if the heavier penalty was award- od, he drew a long line (lengthway on the tablet) ; if the lighter penalty, he drev> a short line (breadth- way on the tablet). We must suppose, not that the voting took place in this way, but that, on the votes being counted, the jurors took a note of the result for their own satisfaction ; unless we resort to this hypothesis, viz., that the^drawing hnes on the tab- lets was an act preliminary to the division, whereby the jury intimated to the parties how the matter was likely to go unless they came to a compro- mise. Such intimation might be necessary in those cases where, the estimates of the parties being wide- ly different, the one proposing too high a penalty, the other too low a one, the jury wished to inform the more unreasonable party that, unless he offered them some better alternative, they should adopt the estimate of his adversary. (As to this point, see Meier, Att. Proc; 181.) The tablet is called by Ar- istophanes irivdiaov tiii.tjti,k6v. In the expression nng,v TJiv iiaKpdv, we understand ypafi/i^v or Tijiri- mv,' 1. (Aristoph., Vesp., 333, 349 ; Eq., 1332.)— 2. (Equit., 41.)— 3. (.£Bch., c. Timarch., 11, ed. Steph. — ^Harpocr., s. v. TETpvirt]- lthtj.)—4. (Ovid, Met., xv., 41.)— 5. (Aristoph., Vesp., 99, 751.) —6. (Harpocr., s. v. KaSiVKos.) — 7. (.^sch., c. Ctes., 82, ed. Steph, — Demosth., De FaJs. Leg., 434 ; c. Aristocr., 676 ; c. Ai^ istog., 795 ; 0. Ne»r., 1347.) — 8. (Vesp., 106, 167, 850. — Com- pare I'oUux, Onom., viii., 16, 17, 123. — Meier, Att. Proc, 720, 726.— Plainer Proc. und Klag., i., 188. -^ Wachsmuth , II., ,1., 144 1 In the popular assemblies, the common method o( voting was by show of hands. (Vid. Cheieototjia. There were some occasions, however, when the ballot was employed, as when it was deemed im- portant that the voting should be secret, or that the numbers should be accurately counted. Thus, to pass a law for the naturalization of a foreigner, or for the release of a state debtor, or for the restora tion of a disfranchised citizen, and, indeed, in every case of a privilegium, it was necessary that six thousand persons should vote in the majority, and in secret.^ ' On the condemnation of the ten gener- als who gained the battle of Arginuss, the people voted by ballot, but openly, according to the second of the plans above mentioned. The voting was then by. tribes, ycaT^rt ^4c-' Secret voting by the senate of Five Hundred is mentioned in iEschines,' and in ostracism the voting was conducted in se- cret.* The people or jury were said ■^lirj^it^eadaL, ip^fov (pipew or ■Seadai, to vote, or give their vote or judgment. 'i7j(pov TiBivai, to cast accounts, is used with a differ ent allusibh.' The presiding magistrate or officer, who called on the people to give their votes, was said smfrifi^uvi Tp§ri^l!^eaBai, to acquit, and other derivations from ffj(pag, are often used metaphorically, where the method of voting was ;i;e(poTOJ'ta, and conversely. XnpoTcvuv, however, is not used, like ipriipi^eaBat, with the accusative of the thing voted. As to this, see Sohomann, De Com., 123. *PSETTA {ipprra), a species of fish, mentioned by Aristotle, TElian, Oppian, and others. According to Adams, it would seem to have been the Pleura- nectes Passer, or Sea Flounder, called jn French 7ur~ hot buclS. The TpijTTa of Athenaeus, on the othe' hand, is referred by Artedi and the writer on Ich thyology in the Encyclopedie Methodique, to the Pleuronectes Platessa, or Plaise. The name is often written ■^irra.' •t-ETAErrPA4>HS rPA*H (fevSeyypa^Tj^ ypa^rj) It is shovra under Peactoees that the name of every state debtor at Athens was entered in a register by the practores, whose duty it was to collect the debts, and erase the name of the party when he had paid it. The entry was usually made upon a return by some magistrate, to whom the incurring of the debt be- came officially known ; as, for instance, on a return by the •Kalrjrq.L that such a person had become a les- see of public lands or farmer of taxes, at such a rate or on such terms. In case the authorities neglected to make the proper return, any individual might, on his own responsibility, give information to the re- gistering officers of the existence of the debt ; and thereupon the officers, if they thought proper, might make an entry accordingly, though it would probably be their duty to make some inquiry before so doing. If they made a false entry, either wilfully, or upon the suggestion of another person, the aggrieved party might institute a prosecution against them, or against the person upon whose suggestion it was made. Such prosecution was called ypa(l>7i fevSey- ypaf^i. It would lie, also, where a man was regis tered as debtor for more tha,n was really due from him. And the reader must understand the like rem- edy to be open to one who was falsely recorded as a debtor by the rafiiai tCiv ■SsCiv. Whether this form of proceeding could be adopted against magis- trates for makiifg a false return, or whether the rem- 1. (Andoc, De Myst., 12, ed. Steph. — Demosth., c. Timocr., 715, 719 ; e. Near., 1375.)— 2. (Xen., Hell., i., 7, 1, 9.) — 3. (c, Timarch, 5, ed. Steph.) — 4. (Sclomaiin, De Comit., 121-128, 24Ji.)— 5. (Demosth., Pro Cor., 304.) — 6. (Atistot., H. A., iy., 11 ; T., 9.— Id.,ix., 37.— iElian,N. A., liT ?.— Coray adXenoc,' p. 90. — Adams, Append., s. v.) «iia FSEUDOKLETEIAS GRAPHE. PSYKTEft. Rdy aga'jist them could only be at the eTcixetpoTovtal nr cvdivcu, we cannot say. The ypat^ ijievieyypa^fjg was brought before the thesmothetse. If the de- fendant was convicted, the name of the complainant was struck out of the register, and that of the de- fendant was entered in his stead, as debtor for the same amount. The ypa^ fiov^evacuc was similar to this, only it lay in those cases where a man who had been a state debtor had paid all that was due, but his name was not erased, or, having been erased, was re-entered. We may presume that fraudulent or malicious motives were necessary to be proved on such a charge ; but it is reasonable, also, to sup- pose, that in any case of gross negligence, fraud or malice might (as matter of course) be presumed by tlis dicssts.^ ^•^ETAHS SMAPArAOS {iisvivc l/idpaySof), the Bastard Emerald. "By bastard gems," says Ad- ams, " the ancients meant crystals, tinged of the col- ours of the precious stones by the admixture of me- tallic particles.'" ♦FSEUDOBOUN'IUM {ipevSo6ovviov), a plant, which Dodonasus, Matthiolus, and Bauhin held to be the Barbarea, or Winter Cress ; but Sprengel fol- lows Lobelius in referring it to the Pimpindla tenuis.' * PSEUDODICTAMNUM ( fEvSodiiiTajivov ), a plant, which Stackhouse sets down for the Origa- num JEgyptiacum ; but Sprengel adopts the opinion of Dodonaeus, who makes it the Marrubium Pseu- dodictamnum, or Bastard Dittany.' ■i-ETAOKAHTErAS rPA*H {fevSoK^Jireias ypa- 6fi), a prosecution against one who had appeared as a witness {kItjt^p or kX^top) to prove that a defend- ant had been duly summoned, and thereby enabled the plaintiff to get a judgment by default. To prevent fraud, the Athenian law directed that the names of the witnesses who attended the summons should be subscribed to the bill of plaint or indictment (iyxkri- ua), so that the defendant, if he never had been sum- moned, and judgment had nevertheless been given agiiinst him by default, might know against whom to proceed. The false witness (x/lj/r^p) was liable to be criminally prosecuted, and punished at the discretion of the court. Even death might be inflicted in a case of gross conspiracy. ° A person thrice convicted of this offence was, as in the case of other false testi- mony, ipso ;'ure disfranchised ; and even for the first offence the jury might, if they pleased, by a irpoan- pri}i ■fevdoK^ijTeiai came before the thesmothetae, and the question at the trial simply was, whether the defendant in the former cause had been summoned or not." •J-ETAOMAPTTPiaN AIKH {fcvSouaprvpiuv 6.)— 8. (Horn., II., ixiii. 683. — Vir^., JEn , v.. 421.)— 9. (Dio Chrysost., Melanc, ii., orat 29. — Eustath. ad II., p. 1322, 29.) — 10. (J. Chrysost., Serm. Tii., I.— Plut., Sympos., ii., 5.— Compare Paus., yi., 12, } 3.)- 11. (Apollon. Rhod., ii., 785.— Theocrit., ii., 126.— Virg , Ma v., 469.— .Elian, V. H., x., 19.)— 12. (Plat., Gorg., p SIS ■ Prolog., p. 342.— Martial, vii , 32, 5.) 823 PUGIO. PUTEAL. iu^uilisi, were ii .rented.' But these ear covers, which, according to the etymologist, were made of brass, were undoubtedly never used in the great public games, but only in the gymnasia and palass- trae, or, at most, in the public contests of boxing for boys; they are never seen in any ancient work of art. The game of boxing was, like all the other gym- nastic and athletic games, regulated by certain rules. Thus pugilists were not allowed to take hold of one another, or to use their feet for the pur- pose of making one another fall, as was the case in the pancratium.* Cases of death, either during the fight itself or soon after, appear to have occurred rather frequently ;= but if a fighter wilfully killed his antagonist, he was severely punished.* Jf both the combatants were tired without wishing to give up the fight, they might pause a while to recover their strength ; and in some cases they are described as resting on their knees.' If the fight lasted too long, recourse was had to a plan called KXi/^a^ ; that is. both parties agreed not to move, but to stand still and receive the blows without using any means of del^pce except a certain position of the hands.' The contest did not end until one of the combatants was compelled by fatigue, wounds, or despair, to declare himself conquered (airayopeveiv),'' which was generally done by lifting up one hand.' The lonians, especially those of Samos, were at all times more distinguished pugilists than the Dorians, and at Sparta boxing is said to have been forbidden by the laws of Lycurgus." But the an- cients generally considered boxing as a useful train- ing for military purposes, and a part of education no less important than any other gymnastic exer- cisq.'° Even in a medical point of view, boxing was recommended as a remedy against giddiness snrt chronic headaches." In Italy boxing appears likewise to have been practised from early times, especially among the Etruscans.-' It continued as a popular game du- ring the whole period of the Republic as well as of the Empire." PUGILLA'RES. (Fi(2. Tabula.) PU'GIO (fidxaipa, dim. /iaxaipiov ; iyxeipiSiov), a dagger ; a two-edged knife, commonly of bronze, with the handle in many cases variously ornamented or enriched, sometimes made of the hard black wood of the Syrian terebinth.'* The accompany- ing woodcut shows three ancient daggers. The Iwo upper figures are copied from Beger:'' the third represents a dagger about a foot long, which 1. (Pollux, Onom., ii., 82. — Etymol. Mag., s. v.)— 2. (Plut., Symp., ii., 4. — Lucian, Anach., 3.) — 3. (Schol. ad Pind., 01., v., 34.)— 4. (Paus., viii., 40, 4 3 ; vi., 9, ^ 3.) — 5. (ApoUon. Rhod., ■i., 86.— Stat., Theb., vi., 796.)— 6. (Eustath. ad 11., xiiii., p. 1324.— Pans., viii., 40, « 3.)— 7. (Paus., vi., 10, I, 1.)— 8. (Plut., Lycurg., 19.) — 9. (Paus., vi., 2, I) 4.— Plut., Lycurg., 19.)— 10. (Lucian, Anach., 3. — Plut., Cat. Maj., 20.) — II. (Aretxua, De Morb. diut. Cui-., i., 2.)— 12. (Liv., i., 35.— Dionys., vii., 72.)— 13. (Suet., Octav., 45. — Cic, De Legg., ii., 15, 18. — Tacit., Ann., rvi., 21. — Suet., Calig., 18. — Vtd. Krause, Die Gyranastik und Agon. d. Hellenen, p. 497-S34.) — 14. (Theophr., H. P., v., 3, « S.)— 15. (Thes. Brand., V., iii., p. 398, 419.) 894 was found in an Egyptian tomb, and is preserved in the museum at Leyden. The middle figure is entirely of metal. The handles of the two others were fitted to receive a plate of wood on each side, The lowermost has also two bosses of ivory' d horn, and shows the remains of a thin plate of gilt metal with which the wood was covered. In the heroic ages the Greeks sometimes wore a dagger suspended by the sword on the left side of the body [vid. Glamus), and used it or all oc casions instead of a knife.' Thus Theseus draws his dagger to cut his meat at table." The custom is continued to the present day among the Arnauts, who are descended from ihe ancient Greeks." The Romans (see woodcuts, p. II, 454) wore the dagger as the Persians did {vid. Acinaces), on the right side, and consequently drew it with the thumb at the upper part of the hilt, the position most eflTective for stabbing. The terms pugio and iyxupiS- Lov denote both its smallness and the manner of grasping it in the hand (Trif, pugnus). In the same way we must understand "the two swords" {dtws gladios*) worn by the Gallic chieftain slain by Manlius Torquatus ; and the monuments of the Middle Ages prove that the custom long continued in our own and in adjoining countries." Among some of the northern nations of Europe, a dirk was constantly worn on the side, and was in readiness to be drawn on every occasion.' The Chalybes employed the same weapon, stabbing their enemies in the neck.' For the Greek horsemen, the dagger was considered preferable to the long sword as a weapon of offence.' For secret purposes it was placed under the armpit.' PUGME, PUGON (irny™, mjyuv). (Vid. Pes p. 763.) PULAGORAI (TTvAayipaj). (Kid. Amphicthih, p. 49.) PULLA'RIUS. (Fid. AnspioiuM, p. 130.) PU'LPITUM. (Kid. Theateum.) PULVl'NAR. A representation of the mode of using cushions or pillows (pulvini), to recline upoji at entertainments, is given in the woodcut at p. 326. The most luxurious of such cushions were stuffed with swan's-down." An ancient Egyptian cushion, filled with feathers, is preserved in the British Museum. In reference to this practice, the Romans were in the habit of placing the statues of the gods upon pillows at the lectisternia. (Fid. Epulones, Lectisteenium.) The couches provided for this purpose in the temples were called pvhi- naria}^ There was also a pulvinar, on which tho images of the gods were laid, in the Circus.'" PULVI'NUS. (V-id. PuLviifAu.) PUPILLA PUPILLUS. ( Vid. Impubes, Inpans, TUTELA.) PUPILLA'RIS SUBSTITU'TIO. (Vid. Heees, Roman, p. 498.) PUPPIS. {Vid. Ships.) PU'TEAL properly means the enclosure sui- rounding the opening of a well, to protect persona from falling into it. It was either round or square, and seems usually to have been of the height of three or four feet from the ground. There is a round one in the British Museum, made of marble, which was found among the ruins of one of Tibe- rius's villas in Capreee ; it exhibits five groups of fauns and bacchanalian nymphs, and around the edge at the top may be seen the marks of the 1. (Horn., Il.,iii., 271.— Athen.,vi.,232, c.)— a. (Plut.,Tho»., p. 10, ed. Steph.)— 3. (Doawell,Tour, i., p. 133.)— 4. (Gell^ix., 13.)— 5. (Via of jElian, and the mifijiia of Phile.' *PYRUS {uTTwg), the Pear-tree, or Pyrus commu- nis, L., the ffuit of which was called Pyrum by the Latins, and amov by the Greeks. Virgil mentions several kinds of pears. The one termed " Crustu- mian," called also, according to Gelsus, Navianum, was the best. Columella ranks it the first, and Pli- ny says of these pears, " cunctis autem Crustumina gratissima." Dalechamp makes the Crustumian the same as the French " Poire perle," while Stapel says that it is known in Flanders under the name " Poire de Saint Jacques." Some make it the same as the English " Warden pear." The appellation of Crustumian {Crustumium or Crustuminum) was derived from the Italian town of Crustumerium, in the territory adjacent to which they particularly abounded. Virgil speaks also of the " Syrian" pear ; but in Columella the Syrium pyrum is a ge- neric name, embracing both the Crustumium and the Tarentinum. Pliny, on the other hand, distin- guishes between the Syitan and Tarentine kinds. Servius says that the epithet " Syrian" has no re- lation whatever to the country of Syria, but comes from the Greek avpog, " dark-coloured" or " black," and Pliny, in fact, assures us that the Syrian was a dark-coloured pear. Some modern writers, how- ever, take it to be the Bergamot. The pear called Volemum took its name, as is said, from its large size, " quia volam manus impleant," " because they fill the palm of the hand." Ruasus thinks they aro the Bon Chretien ; but it would seem more correct, with Dryden, Martyn, and others, to make them the " Pounder-pears," or, as they are more com- monly termed, "Pound-pears." The Bon Chretien answers rather to the ra'XavTalov uviov, which Pli- ny calls Librale pyrum, and which must not be con- founded with the Volemum.'' *II. (impog), Wheat. ( Vid. TKiTionM.) PYTHIAN GAMES iUvBm), one of the foui great national festivals of the Greeks. It was cele- brated in the neighbourhood of Delphi, anciently called Pytho, in honour of Apollo, Artemis, and Leto. The place of this solemnity was the Crissaean plain, which for this purpose contained a hippo- dromus or racecourse,' a stadium of 1000 feet in length,' and a theatre, in which the musical con- tests took place.' A gymnasium, prytaneum, and other buildings of this kind probably existed here, as at Olympia, although they are not mentioned. 1. (DioBCOT., iii., 78, — Galen, De Simpl., viii. — ^Adains, Append., s. V.) — 2. (Theophr., De Lapid. — Aristot., Met., iv., 6.— Dioscor., v., 142. — Adams, Append., s. v.)- 3. (Aristot., H. A,, viii., 5. — .^lian, N. A., iv., 5. — Adams, Append., s. v.) — 4. (Tlienphr., It , 12, 3.— Schol. in Argum. ad Find., Fyth.)— 13. (Plut., Symp., viii., 4.— Paus., vi., 15, « 3 ; 17, 1) 1.— Justin, x%iy., 7, 10.)— 14 (Vit. Sopli , ii., K-j-lS. (Jul., Epist. pro Argiv., p. 3S A.) writers, and are only known from coins oi /nscrip tions, we shall only give a list of the places where they were held: Ancyra in Galatia, Aphrodisias in Caria, Antiochia, Carthsea in the island of Ceos,' Carthage," Cibyra in Phrygia, Delos,' Emisa in Syria, Hierapolis in Phrygia, Magnesia, Megara,* Miletus, Neapolis in Italy, Nicaa in Bithynia, Ni- comedia, Pergamus in Mysia, Perge in Pamphylia, Perinthus on the Propontis, Philippopolis in Thrace, Side in Pamphylia, Sicyon,' Taba in Caria, Thes- salonice in Macedonia, in Thrace, Thyatira, and Tralles in Lydia, Tripolis on the Maeander, in Caria.' PYXIS, dim. PYXIDDIA (Triifif, dim. ■^rvfiSiov), a Casket, a Jewel-box.' Quintilian' produces this term as an example of catachresis, because it prop- erly denoted that which was made of box (Trifof), but was applied to things of similar form and use made of any other material. In fact, the caskets in which the ladies of ancient times kept their jew els and other ornaments, were made of gold, silver, ivory, mother-of-pearl, tortoise-shell, &c. They were also much enriclied with sculpture. A silver coffer, 2 feet long, IJ^ wide, and 1 deep, most elab- orately adorned with figures in bas-relief, is de- scribed by Bottiger.' The annexed woodcut (from Ant. d'Ercolano, vol. ii., tab. 7) represents a plain jewel-box, out of which a dove is extracting a rib- and or fillet. Nero deposited his beard in a valuaf ble pyxis when he shaved for the first time. (,Vid. Baeba, p. 138.) The same term is applied to boxes used to con- tain drugs or poison," and to metallic rings employ ed in machinery." *PYXUS (Jrifof), the Boxwood- tree. {Vtd Buxus.) Q. QUADRAGE'SIMA, the fortieth pwt of the Im ported goods, was the ordinary rate of the portori um." Tacitus" says that the quadragesima wai abolished by Nero, and had not been imposed again (manct ahoUtio quadragesimce) ; but it appears mosl probable that this quadragesima abolished by Nero was not the portorium, but the tax imposed by Ca- ligula'* of the fortieth part of the value of all proper- ty respecting which there was any lawsuit. That the latter is the more probable opinion appears from the fact that we never read of this tax upon la^y- suits after the time of Nero, while the former one is mentioned to the latest times of the Empire. Considerable difliculty, however, has arisen in con- sequence of some of the coins of Galba having Quadragesima Remissa upon them, which is sup- posed by some writers to contradict the passage of Tacitus, and by others to prove that Galba abol- ished the quadragesima of the portorium. The words, however, do not necessarily imply this : it was common, in seasons of scarcity and want, or as an act of special favour, for the emperors to remit certain taxes for a certain period, and it is 1. (Athen., x., p. 456, 467.)— 2. (TertuU, Scorp., 6.)— 3. (Di- onys. Perieg., 527.)— 4. (Schol. ad Pir. note of Lipsius.) KESTITUTIO IN INTEGRUM. RESTITUTIO IN INTECrRUM. ,, The restitutio may either be effected on the com- ,' "Jlaint of the injured parly, which would generally je made after the completion of the transaction, or when he is sued by the other party in respect of the I ransaction, and defends himself by an exceptio. [' The compl-iint, as a general rule, must be made within foui years of the time of the injury being ' liscovered, and of the party being capable of bring- ] ng his action ; in the case of minores, the four years were reckoned from the time of their attain- ing their majority. In the case of an exceptio ihere was no limitation of time.'' According to the old law, the complaint must be made within one year. The application for a restitutio could only be made . to one who had jurisdictio, either original or delega- ted, which flowed from the possession of the impe- rium ; and it might, according to the circumstances, be decreed by the magistratus extra ordinem, or the matter might be refen-ed to a judex. When a res- titutio was decreed, each party restored to the other what he had received from him, with all its acces- sions and fruits, except so far as the frifits on one side might be set off against the interest of money to be returned on the other side. All proper costs and expenses incurred in respect of the thing to be restored were allowed. If the object of the restitu- tio was a right, the liijured party was restored to his right ; or if he had incurred a duty, he was released from the duty. The action for restitutio might be maintained by the person injured, by his heredes, cessionarii, and sureties; but, as a general rule, it could only be maintairted against the person with whom the con- tract had been made, and not against a third per- son who was in possession of the thing which was sought to be recovered, except when the actio for restitutio was an actio in rem scripta, or the injured party had an actio in rem, or when the right which he had lost was a right in rem. The grounds of restitutio were either those ex- pressed in the Edict, or any good and sufficient cause : " item si qua alia mihi justa causa esse vide- bith.' i". integrum restituam, quod ejus per leges ple- biscita, senatus consulta, edicta, decreta principum licebit.'" The ground of the restitutio was, that the party who had just cause of complaint had not bona fide consented to the contract or transaction by which he was injured. The following are the chief cases in which a restitutio might be decreed : The case of vis et raetus. When a man had act- ed under the influence of force, or reasonable fear caused by the acts of the other party, he had an actio quod metus causa for restitution against the party who was the wrong-doer, and also against an innocent person who was in possession of that which had thus illegally been got from him, and also against the heredes of the wrong-doer if they were enriched by being his heredes. ' If he wag- sued in respect of the transaction, he could defend himself by an ex- ceptio quod metus causa. The actio quod metus was given by the praetor L. Octavius, a contempo- rary of Cicero.' The case of dolus. When a man was fraudulent- ly induced to become a party to a transaction which was legal in all respects saving the fraud, he had his actio de dolo malo against the guilty person and his heredes, so far as they were made richer by the fraud, for the restoration of the thing of which he had been defrauded, and, if that was not possible, 'or compensation. " Against a third party who was n bona fide possession of the thing, he had no ae- on. If he was sued in respect of the transaction. 1. (Cod., ii., tit. 53, 8. 7.)— 2. (Dig. 4, tit. 0, a. 1.)— 3. (Com- ■ . Cic. in Ven , U iii , 65, and Dig. 4, tit. 2, s.' 1.) he could defend himself by the exceptio <.oli mali (FtU Culpa.)' The case of minores xxv. annorum. A mino could by himself do no legal act for which the as sent of a tutor or curator was required, and, there- fore, if he did such act by himself, no restitutio was necessary. If the tutor had given his auctoritas, or the curator his assent, the transaction was legally binding, but yet the minor could claim restitutio if he had sustained injury by the transaction. Gains' gives an example when he says that, if too large an amount w-as inserted in the condemnatio of the formulai, the matter is set right by the praetor, or, in other words, " reus in integrUrri reslituilur ;" but if too little was inserted in' the formula, the praetor would i not make any alteration ; " for," he adds, " the praetor more readily relieves a defendant thaii a plaintiff; but we except the case of minores xxv. annorum, for the' praetor relieves persons of this class in all cases wherein they have committed er- ror (in omnibus rebus Idpsis)." There were, however, cases in which minores could obtain no restitutio ; for instance, when a mi- nor, with fraudulent design, gave himself out to be major; when he confirmed the transaction after becoming of age ; and in other cases. The benefit of this irestitutio belonged to the heredes of the mi- nor, and generally, also, to sureties. The demand could only be made, as a general rule, against the person with whom the minor had the transaction and his heredes. The minor had four years after attaining his majority in which he could sue. The older law allowed only one year. If the time had not elapsed when he died, his heres had the benefit of the remaining time, which was reckoned from the time adeundi hereditatem ; and if the heres was a minor, from the time of his attaining his majority. {Vid. CUKATOR.) The case of absentia : which comprehends not merely absence in the ordinary sense of the word, but absence owing to madness or imprisonment, and the like causes.' If a man had sustained injury by his own absentia, he was generally entitled to resti- tutio if the absentia was unavoidable : if it was not unavoidable, he was entitled to restitutio, either if he could have no redress from his procurator, or was not blameable for not having appointed one. If a man found that he might sustain damage on ac- count of the absence of his adversary, he might avoid that by entering a protestation in due form. The case of error, mistake, comprehends such error as cannot be imputed as blame ; and in such case, a man could always have restitutio when another was enriched by his loss. The erroris causae probatio somewhat resembles this case.* The case of capitis diminutio through adrogatio or in manum conventio, which was legally followed by the extinction of all the obligations of the per- son adrogated or in manu. The praetor restored to the creditors of such persons their former rights.' The case of alienatio judicii mutandr causa facta is hardly a case of restitutio, though sometimes con- sidered such. It occurs when a man alienates a thing for the purpose of injuring a claimant by su^ stituting for himself another against whom the claimant cannot so easily prosecute his right. In the case of a thing which the possessor had thus alienated, the praetor gave an actio in factum against the alienor to the full value of the thing. If a man assigned a claim or right with the view of injuring his adversary by giving him a harder claimant to deal with, the adversary could meet the assignee, when he sued, with an exceptio judicii mntandi caiisa. 1 28.)-4, (dompare Dig. 4, tit. 3.)— 2. (iv., 57 }-3. (Dig. 4, tit «, ■ -4. (Gains, i., 67-75.)— 5. (Gains, iii , 83 ; iv., 38.) 8^5 RETIS. RETIS. The case of alienatio in fraudem ereditprliin fac- ta.' When a man was insolvent (non solvendo), and alienated his property for She purpose of injui-ing his creditors, the praetor's edict gave the creditors a remedy. If, for mstanee, a debt was paid post bona possessa, it was absolutely void, for the effect of the bonorum possessio in the case of insolvency was to put all the creditors on the same footing. If any alienation was made before the bonorum pftssessio, it was valid in some cases. A debtor might reject anything which was for his advantage, for the prae- tor's edict related only to the diminution of his prop- erty, and not to its increase. If theact was such as to diminisli his property (fraudationis causa), the creditors, eis a general rule, were entitled, to_ have the act undone. A creditor who" exacted his "just debt was entitled to, retain it. The actio by virhjch, the creditors destroyed the effect of an illegal alien- ation was called pauliana, which was brought by the curator bonoruni in the name of the creditor?, for the restoration of the thing which had been iiH- prpperly aliened, and all its fruits. The , creditors were also entitled to an interilictuih fraudatorium in' order to get possession of the thing that had been improperly aliened,' In the imperial times, restitutio was also applied to the remission of a punishment,' which could only be done by the imperial grace.' , ' RESTITUTO'RIA ACTIO. (Vid. Interoessio, p. 542.) RETIA'RII. ( Vid. Gladiatores, p. 476.) RETI'CULUM. (Vid. Calantioa.) RETIS, and KETE, dim. RETICULUM ((5k- Tvov), a Net. Nets were made most commonly of flax from Egypt, Colchis, the vicinity of the Cinyps in North Africa, and some other places. Occasion- ally they were of hemp." They are sometimes call- ed Una (Xiva) on account of theunaterial of which they consisted.' The meshes (macula,'' j3p6%oi, dim. ^poxiScc') were great or small, according to the purposes intended, and these purposes were very various. But by far the most important application of network was to the three kindred arts of fowling, hunting, and fishing : and besides the general terms used alike in reference to all these employments, there are special terms to be explained under each of these heads. I. In fowling, the use of nets was comparatively limited ;' nevertheless, thrushes were caught in them ;" and doves or pigeons, with their limbs tied up or fastened to the ground, or with their eyes cov- ered or put out, were confined in a net, in order that their cries might allure others into the snare." The ancient iEgyptians, as we learn from the paintings in their tombs, caught birds in clap nets." II. In hunting, it was usual to extend nets in a curved line of considerable length, so as in part to surround a space into which the beasts of chase, such as the hare, the boar, the deer, the lion, and the bear, were driven through the opening left on one side." This range of nets was flanked by cords, to which feathers dyed scarlet and of other bright col- ours were tied, so as to flare and flutter in the wind. The hunters then sallied forth with their dogs, dis- lodged the animals from their coverts, and by shouts and barking drove them first within the formido, as 1. (Dig. 42, tit. 8.)— 2. fDi«f.36, tit. I, S.67.)— 3. (Tao:, Ann., i!T , 12.— Plin., Bpist., I., 64,fi5.— Dig. 48, tit. 19, s. 27.)— 4. (Dig. 4, tit. 1-7 ; 44, tit. 4.— Pauliis, S. B., i., tit. 7-9.— Cod., ii., tit. 20-55.— Cod. Theod., ii., tit. 15, 16.— Mahlenbruch, Doct. Pandect. — Maclteldey, Lehrbuch, Ac. — Rein, Das R8m. Privap treolit.)— 5. (Varro, De ReRust.,iii., 5.)— 6. (Horn., II., v., 487. — Brunck, Anal., ii., 494, 495.)— 7. (Ovjd,,Epist., t., 19.— Var- ro, De Re Rust., iii., II. — Nemesiani, Cyneg., 302.)— 8. (Helio- dor., vi., p. 231, ed. Commelin.)— 9. (Aiistoph., Av., 528.)— 10. i(Hor., Epod., ii., 33,34.)— 11. (Aristoph., Av., 1083.)— 13. (Wil- kicson, Man. and Cast., vol. iii., p. 35-38, 45.)— 13. {JSliaj\,Tl. A xii., 40.- TibuUus, iv., 3, 12 - Plin., H N., idx., 2, ^ 2.) S3R the apf aratus of string and feathers was called, and then, as they were scared with this appearance within the circuit of the nets. Splendid descrip. tions of this scene are given in some of the follow- ing passages, all of which allude to the spacious en- closure of network!* The accompanying woodcats are taken from two bas-reliefs in the collection of ancient marbles at Ince-Bluhdell in Lancashire. Id the uppermost figure, three servants with staves Carry on their shoulders a large npt, which is intend ed to be set up as already described.^ The fore- most servant holds by a leash a dog, which is eagei to pursue the game. In the middle figure the net is set up. At each end of it stands a watchman hold ing a staff.= Being intended to take such large quadrupeds as boars and deer (which are seen with- in it), the meshes are very wide (retia rara'). The net is supported by three stakes (ardliKt;,^ aneo- nes,' vari''). To dispose the nets in tliis manner was called retia ponere,' or retia lendere.' Conipa- ring it with the stature of the attendants, we perceive the net to be between five and six feet high. The upper border of the net consists of a strong rope, which was called aapdav.'^' The figures in the fol- lowing woodcut represent two men carrying the ne( home after the chase ; the stakes for supporting n, two of which they hold in their hands, are iorkeu at the top, as is expressed by the terms for thera d- ready quoted, ancones and vari. Besides the nets used to enclose woods and cov- erts, or other large tracts of country, two additional kinds are mentioned by those authois who treat on hunting. All the three are mentioned together by Xenophon (dtKTva, hbSta, upKoe^, ii., 4), and by Ne- mesianus." The two additional kinds were placed at intervals in the same circuit with the large hunting-net or haye. The road- net (plaga, ivddwv) was much less than the others, and was placed across -uads and narrow openings between bushes. The purse or tunnel net {cassis, upKUf ) was made with a bag (/«- (cpi)0a^of"), intended to receive the animal when chased towards the extremity of the enclosure. Within this bag, if we may so call it, were placed branches of trees, to keep it expanded, and to decoy 1. (Virg., Geo'rg., iii., 411-413.— -Sin., iv., 121, 151-159; x., 707-T15.— Ovid, Epist., iv.,41, 42; v., 19, 20.— Oppian, Cyneg., iv., 120-123.— Eurip., BaochK, 821-832.)^2. (Tibullus, i., 4,49, 50.— Sen, Hippol., i., 1., 44.— Propert., iv., 2,32.)— a (Oppian, Cjneg., iv., 124.)— 4. (Virg., JEn., iv., 131. ^Hor., Epod., u., 33.)— 5. (Oppian, Oyneg., iv., 67, &o. — PoUuir, v:, 310r-« (Gratins, Cyneg., 87.)— 7. (Lucan, iv., 439.)^8. (Virg., Georg i., 307.)— ;9. (Ovid, Art. Amat., i., 45.)— 10. (Xen., De Venet vi., 9.)— 11 (Cyneg., 299, 3D0.)—12. (Xen., De Venat., vi., 7 ) REX sacrificuli;s tjie ani.nals by making it invisible. The \yoi:ds uijKV( or cassis are used Uietafphysically to denote soitie certain metiiod of destruction, and are more particularly applied, as vrelV as a/ttpiSTi^uTpov, which will be explained immediately, to the large shawl in which Clytemnestra enveloped her husband in order to murder him,' III. Fishing-nets (d^feunxu Si/crva') were of six different kinds, which are enumerated by Oppian' as follows : TUv TC fisi/ a/ifiSTiJiarpa, tu 6f -ypltppi. Ka^Jovrai, Tdyya/ia t", ijS' viroxal izepiiiyiei, j]6i aay^vai, 'Ayiyla 6s KLKTJjaKcniai KaXv/ifiara. Of these, by far the most common were the a/KJii- GXijarpciv, or casting-net {funda, jdcutum, retiacu- lum), and the aaynvn, i- e., the drag-net or sean {trd- gum,^ tragula, verriculum). Consequently, these two are the only kinds mentioned by Virgil' and by Ovid." Of the KoXvp-iia we find nowhere any far- ther mention. We are also ignorant of the exact form and use of the yptfog, although its comparative utility may be inferred from the mention of it in con- junction with the sean and casting-net by Artemi- dorus' and Plutarch (n-Epi mdvp.?). The fdyja/zov was a small net for catching oysters.' The inoxv was a landing-net, made with a hoop (m/c/lof) fast- ened to a pole, and perhaps provided also with the means of closing the circular aperture at the top.'" The metaphorical use of the term afi^t6%riaTpov has been already mentioned. That it denoted a casting- net may be concluded both from its etymology and from the circumstances in which it is mentioned by various-authors.'' More especially the casting-net, being always pear-shaped or conical, was suited to the use mentioned under the article Conopeom. Its Iiatin names are found in the passages of Virgil's Georgics, and of the Vulgate Bible above referred 10, in Plautus,'^ and in Isidorus Hisp." The English term scan (which is also, in the south of England, pronounced and spelt seine, as in French) has been brought into our language by a corruption of the Greek aayfivn, through the Vulgate Bible [sugena) and the Anglo-Saxon.'* This net, which, as now used both by the Arabians and by our own fishermen in Cornwall, is sometimes half a mile long, was probably of equal dimensions among the ancients, for they speak of it as nearly taking in the compass of a whole bay.'* This circumstance well illustrates the application of the term to describe the besieging of a city : to encircle a city by an un- interrujjted line of soldiers was called aayiivtieLv}^ The dse- of corks {^eTAoi, cortices suberini") to sup- port the top, and of leads (jioXiSSiSec) to keep down the bottom, is frequently mentioned by ancient wri- ters,'^ and is clearly exhibited in some of the paint- ings in Egyptian tombs. Leads, and pieces of wood serving as floats instead of corks, still remain on a sean which is preserved in the fine collection of Egvptian antiquities at Berlin. REUS. (Fid. Actor; Obligationes, p. 675.) REX SAGRIFI'CULUS, REX SACRIFICUS, 1. (/Each., Agam., 1065, 1346, 1353.— Choeph., 485.— Eumen., 112.)-2. (Diod. Sic, xvii., 43, p. 193, ed. Wess.)— 3 (Hal., iii., 90-82)— 4. (Isid. Hisp., Orig., xix., 5.)— 5. (Georg.. i, 141, 142i-6. (Art. Amat.,i., 763, 764.) — 7. (ii., 14.)-e. (V.,v.,j). 838, ei. Steph.)— 9. (Hesych., s. v. iEschyl., Agam., 352 -Kx- nan, Ind., i., p. 525, ed. Blancardi.) — 10. (Oppian, Hal , ir., 251.)- II (Hcsiod Scut. Here, 213-215. — Herod.,!.,, 141.— Psalm cxli.; 10. — Isaiah, xix., 8.,— Hah., i., 15-17, Stiptiiajint and Vulgate versions.— St. Matthew, iv., 18.— St. Mark, i., 16.) -12. (Asinar., 1., i., 87.- triic., I., i., 14.)— 13. (Orig , liii., 5.) —14 Ezek., xxri., 5, 14 ; ilvii., 10.— St. Matthew, xin , 47, 48. —St. aohn. ixi., 6-11.)— 15. (Ilora., Od., xxii., 384-387 .^Ici- phion, i., 17, 18.) — 16. (Herod., iii., 145; vi., 31. —Plato, Be Legg., iii,, prope fiii. — Heliod., vii., p. 304, ed. Commelini.)— 17. (Sidon. Apoll., Epist., ii., 2. — Plin., H. NJ, xvi.. 8, 1) 13.) — 18. (Ovid, Trst., Ill, iv , U, 12. -.Lilian, H, A,, ill,, 43. — Paus,, ™,, 12, «1.) RHA. , ; . or REX SACRO'RUM. VVTien the ciyL and, mili- tary powers of the king were transferred' to two preetors or consuls, upon the establishment of the republican government at Rome, these magistrates were not invested with that part of the royi dignity by virtue of which he had been the high-priest of his nation, arid had conducted several of the sacra publica, but this priestly part of his office was trans ferred to a priest called rex sacrificulus or rex sacrorum.' ' The first rex sacrorum was designated, at the command of the ponsuls, by the college o/ pontiflTs, and inaugurated by the augurs. He was always elected and inaugurated in the comitiacalala, under the presidency of the pohtiiTs ;" and, as long as a rex sacrificulus was appointed at Rome, he was always' a patrician, for as he had no influence upbii the maiiagenient of political affairs, the ple- beians never coveted this dignity.^ But, for the same reason, the p'atHciians, too', appear at last to have at- tributed little importance to the. office, whence it sometimes ciccurs that for one, or even for two sue ,, cessive years, no ,rex sacrorum '.vvas, appointed, and during the civil war's in the last period of the Repub- lic, the office, appears to have fallen altogether into disuse.' Augustus, however, seenis ,tq haye revived it, for wfefihd frequent meijtion of it during the Em- pire, until jt was probably ^bcjlished in tliij time'of Theodosius.* Considering that this priest, was, the religious representative of the kings, he ranked, indeed, higher than all other priests, and even higher than the ponUfex maximus," but in power, and^ influence he was far inferior to him (Id sacerdokum poniific- subjecere'). He held his office for life,' was not allowed to hold any civil or military dignity, and was, at the same tinie, exempted from all mill tary and civil duties." His principal functions were : 1. To perform those sacra publica which had before been performed by the kings ; and his wife, who bore the title of regina sacrorum, had, like the queens of former days, also to perform certaui priestly functions. These sacra publica he or his wife had to perform on all the calends, ides, and the nundines ; he to Jupiter, and she to Juno, in the regia.' 2. On the days called regifugium he had to offer a sacrifice in , the comitium. (Vid. Regifugtom.) 3. WTien extraordinary portenta seemed to announce some general calamity, it was his duty to try to propitiate the anger of the gods." 4. On the nundines when the people assembled in the city, the rex sacrorum announced (edicebat) to them the succession of the festivals for the month. This part of his functions,, however, must have ceased after the time of Cn. Flavins.", He lived in a domus publica on the Via Sacra, near the regia and the house of the vestal virgins.'''' *RHA ('Pu). '"It is now generally admitted," says Adams, "that the /iu of Dioscorides is the species of Rhubarb called Rkeum raponiicum. Mat- thiolus and Dodonseus tljought that the i>iiov. of Paulus .^gineta was the common purgative Rhu- barb; and Dr. Friend supposed that Paulus and Alexander were acquainted with the true Rhe^m palmaium.; I am satisfied, however, that the plant treated of by Paulus and Alexander is tht? same as the ()d of Dioscorides. ' Sprengel remarks that •Isidorus is the first author who applied the namo Rheum barbarum 1o the true Rhubarb. The name Rha is d'erived from the old appellation of the 'VVol- l.'(I,iv.',ii.,2.— Dioiivs.,iv.,74; v., 1.)— 2. (Gell., xv., 27 ) —3. (Liv., v„ 41, — Cic, Pro Dom,, 14.) — 4. (Orelli, Inscv., n, 3280, 2282, 2283.) — 5. (i'estus, s, v^ Ordo Sacerdoiura.) .^- fi. {Liv.,'ii., 2.) — 7. (Dioiiys., iv., 74.)-58. (Dionys., 1. c-^Pluti,- C)ux5t. Rom., 60. — Liv., xl., 42.— 9. CVarro, De Ling. Lat.. v.. p. 54, Bip. — Macrob., Sat., i., 15.) — 10. (Pest., s. t. Regia FeriK.)— 11. (Varr6,DeLing.Lat.,v.,p.54,— Serv.ad jEn.,viii, 654.) — 12. (AmbrMch, Studien wnd Andeut., p. 41-76 j 837 RHETOKIKE GRAPHS. flt::UTON. ga, in Uie neighbourhoud of which the plant was anciently found.'" ♦RHAMNUS (.fxi/ivo^), a thorn-tree. "Of the three species briefly described by Dioscorides, the first is unquestionably the Lycium Europceum ; the second (AsvKorepa), the Lycium Afrum, as Sprerigel thinks ; and the third, the Rhamnus poliurus. The last two species are those described by Theophras- tus. The first is the species described by Galen and Paulus."" *RHAPH'ANIS ifiaipavic), the Radish. " The first species of Theophrastus, to which the name is more especially applicable, is referred to the Raphanus sativus, ox Garden Radish, by Stackhouse, Dier- bach, and Sprengel. The other species of the same writer is probably tht ^''ochlearia Armoracta, or Horseradish. The jia(^avlQ aypia of Dioscorides is held by Sprengel to be the Raphanus maritimus, Smith.'" ' *RHAPHANOS 0d(j>avo(), the Brassica oleracea, or Sea Cabbage. ' ( Vid. Crambe.) The species to which Theophrastus applies the epithet of oiUfv^- Tiog, Stackhouse calls ", Curled Savoy," and the "Kuo^vXKou the " Smooth Cabbage.'! • According to Bauhin, the " Pompeiana" of Pliny is the Brassica caubfiora, or Cauliflower.* RHEDA or REDA was a travelling carriage with four wheels. Like the Covinos and the Esse- DHM, it was of Gallic origin,' and may perhaps con- tain the same root as the German reiten and our ride. It was the common carriage used by the Romans for travelling, and was frequently made large enough not only to contain many persons, but also baggage and utensils of various kinds." The word Epirhedium, which was formed by the Romans from the Greek preposition ETr^andthe Gallic rhcda,'' is explained by the scholiast on Juvenal' as " Or- namenium rhcdaram aut plauslrum." RHETOR (/57rap). ( Vid. PHTOPIKH rPA*H.) PHTOPIKH rPA*H {(njTopiid] ypai^ri). The best interiiretation of this expression is perhaps that giv- en by Harpocration and Suidas,' ?) /cara ^f/Topog,ye- vo/iEVTi, ypci^avTO^ tl tj sIitovto^ tj Trpd^avrog Trapdvo- uov There was not any particular class of persons called ftr/Topcc invested with a legal character, or in- trusted witb pohtical duties at Athens; for every citizen who did not labour under some special dis- ability was entitled to address the people in assem- bly, make hiotions, propose laws, &c. The name of fif/Topec, however, was given, in common parlance, to those orators and statesmen who more especially devoted themselves to the business of public speak- ing, while those who kept aloof from, or took no part in, the business of popular assemblies, were called Jdiuraj. Hence fiiJTap is explained by Suidas,'" '0 dijfK}) GVfi6ovXevuv K.al 6 kv drjfitii 'iiyopsvuv. The (ttlTopmr/ ypaifri might be either the same as the napavo/iuv ypuflj, or a more special prosecution, at- tended with heavier penalties,' against practised demagogues, who exerted their talents and influ- ence to deceive the people and recommend bad measures. Others have conjectured this to be a proceeding similar to the ivayyeXla dom/iaaiag, di- rected against those persons who ventured to speak in public after having been guilty of some misde- meanour, which would render them liable to dniiia. Of this nature was the charge brought against Timarchus by .(Esohines, whose object was to pre- 1. (Dioscor., iii., 3.— Galen, De Simpl., viii.— Paul. JEgin., vii., 3. — Adams, Appeud., s. v.)— 2. (Dioscor., i., 119. — Galen, De Simpl.; viii.— Theophr., iii., 18.— Paul. jEgin., vii., 3.— Adams, Append., s. v.)— 3. (Diosc*., ii., 137, 138.— Theophr., H. P., i., S ; vii., 4.— Galen, De Simpl., viii. — Adams, Append., s. v.)— 4. (Theophr., II. P., i., 3. —Adams, Append., a. v.) — 5. (Quint., Inst. Orat., i., 5, « 6S.— Caes., Bell. Gall., i., 51.)— «. (Cio., Pro Mil., 10, 20.— Juv., iii. , 10.— Mart., iii., 47.)— 7. ((Jaint., 1. c.)— 8. (viii., 66.)— 9. (». r —10. (s v ) H3R ;ent the latter from appearing as prosecutor agiinsi Aim on the subject of the embassy to Philip.' RHETRA (p^Tpa). (Vii). NoMos.) *RHINE (,f)ivrj), the Sgualus sguatina, called in English the Monk or Angel Fish. Rondelet states that the monkfish will sometimes weigh 160 lbs. Pennant remarks that this fish connects th"e genera of the Rays and Sharks." ♦RHINOCEROS (liivoKepag), the Rhinoceros. Two species, or, as some make them to be, two va- rieties of the rhinoceros, are described by modern naturalists, namely, the R. Asiaticus (a native of India and Java), having but one horn, and the R. Africus (a native of Africa, and also of Sumatra), with two horns. The former of these is the Uni- corn of Scripture.' *RHODON 06Sot>), the Rose. "It would be useless," remarks Adams, " to attempt to particu- larize all the species to which this terra was applied, more especially as some of them are treated under other heads. I may mention, however, that Spren- gel refers the ftoda of Dioscorides to the Rosa lutea, Dalech., and R. arvensis. Stackhouse marks the i>66ov eiicoaivMov as the Rosa cinnamomea, and the l)6iov inaTovra^Xk'^v as the Rosa centifo Ha."* ■ . *RHCEA or RHOA (/5o(u, ^od), the Punica granatum, or Pomegranate-tree. The flowers, ol the cultivated pomegranate are called nvnvoi, those of the wild PaXavarLa. The bark or rind of the fruit was called oidiov by the Greeks, and inali- corium by the Romans.* *RHOMBUS (/>6fdo(), a species offish, the Brill or Pearl, Pleuronectes Rhombus, L. " But," as Ad- ams remarks, "since the conimon turbot, or Pleu- ronectes maximus, is found in the Mediterranean, it is not improbable that the Greeks and Romans may have applied this name to it also."' *RHUS (poijf), the R/ius coriaria, or elm-leavea Sumach. In Cyprus, according to Sibthorp, the Rhus coriaria retains its ancient name of &oi(. The powdered fruit is sprinkled upon the meat as season ■ ing.' *RHYTA (,pvTTi), the Ruta graveolens, or common Rue.» RHYTON (pvTov), a drinking-horn [Kepa;), by which name it was originally called, is said by Athenaeus' to have been first made under Ptolemy Philadelphus ; but it is even mentioned in Demos- thenes," as Athenaeus himself also remarks. The oldest and original form of this drinking-horn was probably the horn of the ox, but one end of it was afterward ornamented with the heads of various animals and birds. We frequently find representa- tions of the pvTov on ancient vases depicting sym- posia. (See woodcut, p. 326.) Several specimens of these drinking-horns have also been discovered at Pompeii :" two of these are given in the following cut. The fivTov had a small opening at the bottom, which the person who drank put into his mouth, and allowed the wine to run in ; hence it derived its name (uvofiaaliai n Imo r^f (iuueuf"). We see persons using the /urui; in this way in ancient 1 (Sohomann, De Comit., 108.— Meier, Att. Proc, 209.)— 3 (Aristot., H. A., ii., 15,,&c.— De Part. Anim., iv., 12 — Athen., vii.— Oppiah, Hal., i.— Plin., H. N., xxxii., 11.— Adams, Append., s. V.) — 3. ( Agathar. ap. Phot. — Strabo, xvi.— Oppian, Cyn., ii., 551. — .^lian, N. A., xvii., 44. — Adams, Append., s. v.) — 4 (Theophr., H. P, i., 15, .)— 10. (e Mid., p. 565, 29.)— ll. (Museo Borbonico, vol. v:il, 14, T. SO.)--, 12. (Atheu., xi., p. 497, «.) RINGS paintings. MartiaP speaks of it under the name «f Rhi/tium.' • ♦RHYTROS (/Siirpof ), a plant, which many ol the 3ommentators on Theophrastus, &c., and Spren- gel and Stackhouse among the rest, conclude to have been the Eckinops, L. "But," as Schneider remarks, "it is better, with Bauhin,, to admit our ignorance of it, than indulge in unfounded conjec- tures."* ■: i I ' ■ RICA. { Vid. Flamen, p. 446.) . RICrNIUM, RECI'NIUM, or RECINUS, an arti- cle of dress. The name was, according to Festus,' applied to any dress consisting of a square piece of cloth. ■ It occurs in la fragment of the, Twelve Tables,' and the ancient commentators, according to Festus," explained the word there as a toga for women (if the reading ver.'togam be right instead of virilem togam), with a purple stripe in front. That it was an article of female dress, and more especially a small and short kind of pjillium, is stated by Nonius,' on the authority of Varro. It was worn in grief and mourning, and in such a man- ner that one half of it was thrown back,' whence the ancient grammarians derive the word from reji- cere, although it is manifestly a derivative from Ttca, which was a covering of the head used by fe- males.' The grammarians appear themselves to have had no clear idea of the ricinium ; but, after careful examination of the passages above referred to, it appears to have been a kind of mantle, with a sort of cowl attached to it, in order to cover the head. * It was also worn by mimes upon the stage ;'° and the mavortium, mavorte, or mavors of later times, was thought to be only another name for what had formerly, been called ricinium. RINGS {SaKTvXia, annuii). Every freeman in Greece appears to have used a ring ; and, at least in the earlier times, not as an ornament, but as an article for use, as the ring always served as a seal. How ancient the custom of wearing rings among the Greeks was cannot be ascertained, though it is certain, as even Pliny" observes, that in the Ho- meric poems there are no traces of it. In works of fiction, however, and those legends in which the customs of later ages are mixed up with those of the earliest times, we find the most ancient heroes described as wearing rings.'" But it is highly prob- able that the custom of wearing rings was intro- duced into Greece from Asia, where it appears to have been almost universal." In the time of Solon, seal-rings {a(fipayUeg), as well as the practice of counterfeiting them, appears to have been rather common, for Diogenes Laertius'* speaks of a law of Solon which forbade the artists to keep the form af a seal {a^payig) which he had sold. (Instances of counterfeited seals are given in Becker's Chari- kles.") Whether, however, it was customary, as 1 (Pitt, d' Ercnlano, v., t. 46. — Zahn, Omam. und Wandgem., «.90.) — 3. (ii., 35.)— 3. (Becker, Charikles, i.,p. 505.)— 4. 'TheophT., H. P., vi., 4.— Adams, Append., s. t.)— 5. (s. v.)— «. (Cio.,DeLegg..ii.,23,)— 7. (liv., 33.)— 8. (Varro, Do Ling. Lat., iv., p. 3", Bip.— Serv. ad jEn., i., 286. — Isidor., Orig., xix.i 25.) — 9. (Varro, 1. c— Fest., a. v. Rica.) —10. (Fest., 1. c, and s. y. Orchestra.)— 11. (H. N., xxxiii., 4.)— 12. (Pans., i., 17, «3 ; i., 30, 1) 2.— Eurip., Ipli. Aul., 154.— Id., Hippol., 859.)- 13. (Herod., i., 195.- Plat., DeKepnbl., ii.,p. 359.)— 14. (i.,S7.)— IS. (ii.,p. RINGS. early as he time of Solon, to.wcai ilngs wiUi precious stones on which the figures were engraved, may justly be doubted; and it is much more proba ble that at that time the figures were cut in thi metal of the ring itself, a custom which was nev er abandoned altogether. Rings without precious stones were called aipriipot, the name of the gera being V^^of or ir^payif.' In later times rings wer*; worn more as ornaments than as articles for use, arid persons now were no longer satisfied with o:ie, but "Tore two, three, or even more rings ;■ and in- stances are recorded of those who regularly loaded their hands with rings." Greek women likewise used to wear rings, but not so frequently as men; the rings of women also appear to have been less costly than those of men, for some are mentioned which were made of amber, ivory, &;c.' Rings were mostly worn on the fourth finger (Trapa/isffof*). The Lacedaemonians are said to have used iron rings at all times." With the exception, perhaps, of Sparta, the law does not appear to have ever at- tempted, in any Greek state, to counteract the great partiality for this luxury ; and nowhere in Greece does the right of wearing a golden ring appea,r to have been confined to a particular order or class of citizens. The custom of wearing rings was believed to have been introduced at Rome by the Sabines, who were described in the early legends as wearing golden rings with precious stones (gemmali annuii) of great beauty.' Florus' states that it was in- troduced from Etruria in the reign of Taiquiajius Priscus, and Pliny' derives it from Greece. The fact that among the statues of the Roman kings ir. the Capitol, two, Numa and Servius TuUiua, were represented with rings, can scarcely be adduced as an argument for their early use, as later artists would naturally represent the kings with such en- signs as were customary for the highest magistrates in later times. But, at whatever time rings may have become customary at Rome, thus much is certain, that at first they were always of iron ; that they were destined for the same purpose as in Greece, namely, to be used as seals ; and that every free Roman had a right to use such a ring. This iron ring was used down to the last period of the Republic by such men as- '9ved the simplicity of the good old times. Marius wore an iron ring in his triumph over Jugiirtha, and several noble families adhered to the ancient custom, and never wore golden ones.' When senators, in the early times of the Republic, were sent as ambassadors to a foreign state, they wore, during the time of their mission, golden rings, which they received from the state, and which were, perhaps, adorned with some symbolic representa- tion of the Republic, and might serve as a state- seal. But ambassadors used their rings only in public ; in private they used their iron ones.'" In the course of time it became customary for all the senators, chief magistrates, and at last for the equites also, to wear a golden seal-ring." This right of wearing a golden ring, which was subse- quently called the jus annuii aurei, or the jus annu- lorum, remained for several centuries at Rome the exclusive privilege of senators, magistrates, and equites, while all other persons continued to use iron ones." Magistrates and governors c( provin- ces seem to have had the right of conferring upon I. (Artemid., Oneirocrit., ii., 5.) — 2. (Plat., Hipp. Min., p. 368.- Aristoph., Eccles., 633. — Nub., 332, "with the scholia.— r=inarch inDemosth., p.29.— Diog.Lajirt., v., 1.)— 3. (Artemid., I.e.)— 4. (Pint., Symp. Fragra., lib. iv. — Gell., x., 10.)— 5 (Plin., H. N., ixxiii., 4.)— 6. (Liv., i., 11.— Dionys., ii., 38.)— 7 (i., 5.) — 8. (1. c.)— 9. (Plin., H. N., ocxiii., 6.) — 10. (Plia., xxxiii., 4.) — 11. (Liv., ix., 7, 46; xxvi., 36. — Cic, c Verr.', iv. 2S.— Liv., xxiii., 12. — Flor., ii., 6).— 12 (Appian, De Beh Pun., 104.) 810 RINGS. RINGS. inferior officers, or such persons as had distinguish- ed themselves; tlie privilege; of wearing a golden ring. Verres thus presented his secretary with a golden riflg in the asseinbly at Syracuse.^ During the Empire, the right of grantingthe anniihis au- reus beloEged to the emperors; and some of them were not very scrupulous in conferring this privi- lege. Augustus gave it to Mbna, a freedman, and to Antoninus Musa, a physician." In A.D. 32 the Em- peror Tiberius ordained that the golden ring should only be worn by those ingenui whose fathers and grandfathers had had a property of 400,000 sester- tia, and not by any freedman or slave.^ But this restriction was of little avail, and the ambition for the annulus aureus became greater than it had ever been before.* The emperors Severus and Aurelian conferred the right of wearing golden rings upon all Roman soldiers;* and Justinian at length al- lowed all the citizens of the Empire, whether in- genui or libertini, to wear such rings. ' ' The status of a person who had received the jus annuli appears to have differed at different times. During the Republic and the early part of the Em- pire, the jus annuli seems to have made a person ingenuus (if he was a libertus), and to have raised him to the rank of eques, provided he had the re- quisite equestrian census,' and it was probably never granted to any one who did not possess this census. Those who lost their property, or were found guilty of criminal offences, lost the jus annu- li.' Afterward, especially from the time of Ha- drian, the privilege was bestowed upon a great many freedmen, and such persons as did not possess the equestrian census, who therefore, for this reason alone, could not become equites ; nay, the jus an- nuli, at this late period, did not even' raise a freed- man to the station of ingenuus : he only became, as it were, a half ingenuus (quasi ingenuus), that is, he was entitled to hold a public office, and might at any future time be raised to the rank of eques.' The lex Visellia' punished those freedmen who sued for a public office without having the jus an- nuli aurei. In many cases a libertus might, through the jus annuli, become an eques if he had the re- quisite census, and the princeps allowed it ; but the annulus itself no longer included this honour. This difference in the character of the annulus appears to be clear, also, from the fact that women received the jus annuli," and that Alexander Severus, though he allowed all his soldiers to wear the golden ring, yet did not admit any freedmen among the equites." The condition of a libertus who had received the jus annuli was in the main as follows : Hadrian had laid down the general maxim that he should be regarded as an ingenuus salvo jure patroni." The patronus had also to give his consent to his freedman accepting the jus annuli, and Commodus took the annulus away from those who had received it with- out this consent.^' Hence a libertus with the an- nulus might be tortured if, e. g., his patron died an unnatural death, as, in case of such a libertus dying, his patron might succeed to his property: The freedman had thus, during his lifetime, only an im- ago libertatis ; he was a quasi ingenuus, but had not the status of an ingenuus," and he died quasi liber- tus. In the reign of Justinian these distinctions were done away with. Isidoius" is probably allu- 1. (Cic, c. Verr., iii., 76, 80; ad Fam., x., 32.— Suet., Jul., 39.) — 2. (Dion Cass., ilviii , 48; liii., 30.) — 3. fPliu., H. N., zzxiii., 8.) — 4. (Plin., Epist., vii., 26; viii., 6. — Suet., Galba, 12, 14.— Tacit., Hist., i., 13.— Suet., Vitell., 12.— Stat., Sylv., iii., 3, 143, &c.)— 5, (llerodian., iii., 8.— Vopisc, Ailrel.,7.)— 6 (Sueton., Galbi, x., 14.— Tacit., Hist., i., 13 ; ii., 5;.j— 7. (Jut , Sat., xi., 42.— Mart , viii., 5 ; ii., 57.)— 8. (Jul. Capitol., Macrin., 4.)^9. (Cod., IX., tit 21.)— 10.(Dig. 40;tit. 10,B.4.)— 11, (Lam- prid., Al Sev., 9.) -12. (Dig. 40, tit. 10, ». 6.)— 13. (Dig. 40, tit 10, s. 3.)— 14. (Cod., Ti., iii. i, ». 2.— Dig. 4(), tit. 10,*. 5.)^ IS Uiz. 32.) ding to the period preceding tho reign of Justinias when he says that freemen wore golden, freedmen silver, and slaves iron rings. The practical purposes for which rings, or, rather, the figures engraved upon them, were used at al times, were the same as those for which we use our seals. Besides this, however, persons, whet they left their houses, used to seal up such parts as contained stores or valuable things, in order to se- cure them from thieves, especially slaves.' The ring of a Roman emperor was a kind of state-seal, and the emperor sometimes allowed theuse;;o( it to such persons as he wished to be regarded' as his representatives." The keeping of the'imperial seal-ring was intrusted to an especial officer (cwra annlili^). The signs engraved upon rings were very various, as we may jQdge from the specimens still extant : they were portraits of ancestors or friends, subjects connected with the mythology .or the wor- ship of the gods ; and in many cases a person had engraved upon his' seal symbolical allusions to the real or mythical history of his family.' Sulla thils wore a ring with a gem, on which Jugurtha was represented at the moment he was made prisoner.': Pompey used a ring on which three trophies were represented,' and Augustus at first sealed with a' sphinx, afterward with' a portrait of Alexander thei Great, and at last with hisown portrait, which was subsequently done by several emperors.' The prin-. cipal value of a ring consisted in the gem framediin it, or, rather,' in the workmanship of the engraven- The stone most frequently used was the onyx (oap-! (Juvof, aapd6vv^), on account of its various colours,' of which the artists made the most skilful use.: in the art of engraving figures upon gems, the ancients, in point of beauty and execution, far surpass every* thing in this department that modern times can boast of The ring itself {aij>ev66vri), in whichiithe gem was framed, was likewise, in many cases, of beautiful worknianship. The part of the ring which contained the gem was called pala. (Vid. Pala.) In Greece we find that some persons fond of show used to wear hollow rings, the inside: of which was filled up with a less valuable substance.' 'With the increasing' love of luxury and show, the Romans, as well as the Greeks, covered their fiur gers with rings. Some persons also wore rings of immoderate size, and Others used different rings foi summer and winter." Much superstition appears to have been connect- ed with rings in ancient as well as in more mod- ern times ; butthis seems to have been the case in the East and in Greece more than at Rome. Some persons made it a lucrative trade to sell rings which were believed to possess magic powers, and to pre- serve those who wore them from external dangers: Such persons are Eudamus in Aristophanes," and Phertatus in Antiphanes." These rings were for the most part worn by the lower classes, and then not of costly material, as may be inferred from the price (one drachma) in the two instances referred to. There are several celebrated rings with magic pow- ers mentioned by the ancient writers, as that of Gyges, which he found in a grave,'" that of Chari- cleia," and the iron ring of Eucrates.'* 1. (Plat., De Legg., xii'., p. 954. — Aristopli., Thesraoph., 414, &c.— Plaut., Cas.,'lr., 1, 1.— Cic. ad Fam., xvi., 26. — De Or, ii., 81. —Mart., ix., 88.)— 2. .(Dion Cass., btvi., 2.)— 3. i(Just., Hiit., xliii., 5.)— 4. (Cio. inCat., iii.,6.— Val. Max., iii., 5, 1.— Cio., Do Fin,,T., 1.— Suet., Tib., 68, 63.— Plin., H. N., ii., 7, &c.)— S. (Plin., H. N., xxxvii., 4.— Plut., Mar., 10.)— 6. (Dion Cass., i!i::.. 18.)— 7, (Plin., H. N.,xxxvii , 4.— Suet., Octav., 50.— Dion Cass,, Ii., 3.— Spartian., Hadr., 26.)— 8. (Artemid., I.e.)— 9. ((Juintil., xi., 3.— Jut., i'., 28.— Mart., xi., 59 ; xiv., 123.)— 10. (Plut:, 883, withtheschol,)— U.,(ap.Athen., iii., p. 123.)— 12. (Plat, D« Hepubl., ii., p. 359, &0:— Plin., H. N., xxxiii., 4.)— 13. (Heliod., JEth., iv., 8.)— 14; (Lucian, Phildp., 17.— Compli-e Becker, Char ikies, ii., p. 398, 4;c.---Kirchmann, De Annulia, Slesrig., 1687 — P. Burrniann, De Jure Aimulonim, Ultraject, 1734.1 ROGATIONES LICINLE. ROSTRA. ROBIGA'LIA, a public festival in honour of the god Robigus, to preserve the fields from mildew, is said to have been instituted by Numa, and was oele- brated a. d. VII., Kal. Mai. (April aSth).' The sacri- fices offered on this occasion consisted of the entrails of a dog and a sheep, accompanied with frankin- cense and wine : a prayer was presented by a fia- men in the grove of the ancient deity, whom Ovid and Columella make a goddess." A god Robigus or a goddess Robigo is a mere invention from the name of this festival, for the Romans paid no divine honours to evil deities.^ - *ROBUR, an epithet applied to the Oak. :( Fid. QbekcusI) : ROGA'TIO. {Vii. Lex, p. 580;) ROGATIO'NES LICI'NI^. : In the year B.C. 375, C Licinius Stolo and L. Sextins, being elected two of the tribuni plebis, promulgated various roga- tiones; the object of which was to weaken the pow- er of the patricians and for the benefitof the plebs. One rogatio related to the debts with which the plebs was encumbered ;* and it provided that all the money which had been paid as interest should be deducted from the principal sum, and the remainder should be paid in three years by equal payments. The second related to the ager publicus, and enact- 3d that ho person should occupy {possideret) more than 500 jugera. The third weis to the effect that no more tribuni militum should be elected, but that cofisuls should be elected, and one of them should be a plebeian. The patricians prevented these rogationes from being carried by inducing the other tribunes to oppose their intercesaio. C. Licin ius Stolo and L. Sextins retaliated in the same way, and would not allow any comitia to be held except those for the election of ajdiles and tribuni plebis. They were also re-elected tribuni plebis, and they persevered for five years in preventing tlie^ election of any curule magistratus. In the year 368, the two tribunes were still elect- ed, for the eighth time, and they felt their power in- creasing with the diminution of the opposition of. their colleagues, and by having the aid of one of the tril)uni militum, M. Fabius, the father-in-law of C. Licinius Stolo. After violent agitation, a new rogatio was promulgated to the efleet that, instead of duumviri sacris faciundiK, decemviri should be elected, and that half of them should be plebeians^ In the year B.C. 366, when Licinius and Sextins had been elected tribuni for the tenth time, the law was passed as to the decemviri, and five plebeians and five patricians were elected, a measure which prepared the way for the plebeians participating in the honours of the consulship. The rogationes of Licinius were finally carried, and in the year B.C. 365 L. Sextius was elected consul, being the first plebeian who attained that dignity. The patricians were compensated for their loss of the exclusive right to the consulship by. the creation of the office of curule sedile and of praetor. The law as to the settlement between debtor and creditor was, if Livy's text is to be literally under- stood, an invasion of the established rights of prop- erty. Niebiihr's explanation of this law is contained m his third volume, p. 23, &c. Besides the limitation fixed by the second le* to the number of jugera which an individual might possess in the public land, it declared that no indi- vidual should have above 100 large and 500 smaller animals on the public pastures. Licinius was the first who fell under the penalties of his own law. The statement is that " he, together with his son. 1 (Pliii., H. N., xviii.. 29, s. 69.— Varro, De Ke Rust., I., i., p. 90, ed. Bip. — Lat. Ling., vi., 16, ed. Muller. — Fe&tus, s.v.)~ J.'fOvidi Fast, IV., 907-942:— Culum., ji., 342 J— 3. (Hartungr, Bie Keligion der Rflmer, ii., p. 148 )— 4. (Liv.,/! , 34.) 60 possessed a thousand jugera of the ager (publicus^ and, by emancipating his son, had acted in fraud of. the law.'" From this story it appears that the pie beians could now possess the public land, a righti which they may. have acquired by the law of Licin-i ius ; but there is no evidence on this matter. The story is told also, by Columella,' Pliny," and Vale rius Maximus.* The last writer, not understand ing what he was recording, says that, in order to iconceal his violation of the law, Licinius emanci- pated 'part of the \aiii to his son. The facts, as stated by Livy, are not put in the clearest light. The son, when emancipated, would be as much en- titled to possess 500 jugera as the father, and if he bona fide possessed that quantity of the ager publi- cus, there was no fraud on the law. From the ex- pression of Pliny {substituta filii persona)^ the fraud appears to have consisted in the emancipation of : his son being effected solely that he might- in his, own name possess 500 jugera, while his father had the actual enjoyment. But the details of this lex are too imperfectly known to enable us to give more than a probable solution of the matter. As the ob- ject of the lex was to diminish the possessiones of the patricians, it may be assumed that the 'Surplus land thus arising was distributed (assignatus) among the plebeians, who otherwise would have gained no- thing by the change; and such a distribution of land is stated to have been part of the lex of Li-- cinius by Varro' and Columella." According to Livy,' the rogatio de decemviris. sacrorum was carried first B.C. 366. The three other rogationes were included in one lex, which: was a lex Satura.' Besides the passages referred to, the reader may, see Niebuhr, vol. iii., p. 1-3S, for- his view of the Licinian i rogations ; and Gbttling, Geschichle del Rom. Staalsverfassung, p, 354, and the note on the corrupt passage of Varro {De Re Rust., i., 2) : ROGATO'llES, (FiA DiKiBiToREs.) ROGUS. (Fi* FuNU3, p. 460.) ROMPHEA. (Vid. H.^sta, p. 489.) RORA'RIl, a class of light-armed Roman sol- diers.. According to Niebuhr," rorarii must origin- ally have been the name for slingers, who were, talien from the fifth dass of the Servian census. The, grammarians, probably with justice, derive the word, from ros and rorare, as their attacks upon the ene- my with their slings and stones were regarded as a prelude to the real battle, in the same manner that rores or solitary drops of rain precede a heavy shower. The literal translation of rorarii, there- fore, would be drippers or sprinklers."' In later times, and even as early as the time of Plautus, the name was applied to the light-armed hastati ;" and as this latter name supplanted that of rorarii, who, according to the later constitution of the army, no longer existed in it in their original capacity, the rorarii are not mentioned in later times. (Compare Aemy, Roman, p. 104.) ♦ROSA, the Rose. ( Vid. Rhodon.) ♦ROSMARI'NUS. {Vid. LiBANOTis.) ROSTRA, or The Beaks, was the name applied to the stage (suggestus) in the Forum from which the orators addressed the people. This stage was originally called temjilum,^' because it was consecra- ted by the augurs, but obtained its name of rostra at the conclusion of the great Latin war, when it was adorned,, with the beaks (jostra)o{ the ships of the Antiates." The Greeks also mutilated galleys in !. !(Liv.,Tii., 16.)-2. (i., 3.)-3. (H. N., iviii., 3.)-4. (viii., «,V3.)— 5. (De Re Bust.-, i., 2.)-6. (i.,3.)— 7. (vi., 42.) — 8. (Lw.,'vii., 39. — Dion Cass., Frag,, 33.J-^9. (Hist, of Itome, iii.. p. 1 17.)— 10. (Varro, De Ling, Lat., vi., p. 92, ed. Bip.— Featui. s.v. Rorarios.) — 11. (Plant, in, Fri solaria ap.,Van'., 1 c.--t,iv viii., 8, 9.)— 1?- e, and it is not at all impossible that it liiay contain the same root, which appears in a simpler form in sae-er (sag-men, sa{n)c- :us): Marcian,'" however, makes a ridiculous mis- lake when he derives sanctus from sagmina. Miiller" thinks that samentum is the same word as sagmcn, although used respecting another thing by the Anagnienses.''' SAGUM was the cloak worn by the Roman sol- diers and inferior officers, in contradistinction to the paludamentum of the general and superior of- ficers. {Vid. Paludamextum.) It is used in oppo- sition to the toga or garb of peace, and we accord- ingly find that, when there was a war in Italy, all citizens put on the sagum, even in the city, with the exception of those of consular rank {saga sumere, ad sagiitre, in sagis esse") : hence, in theltalic war, the sagum was worn for two years.'* The sagum was open in the front, and usually iastened across the shoulders by a clasp, though not always :" it resembled in form the paludamen- tum (see woodcuts, p. 721), as we see from the spe- cimens of it on the column of Trajan and other an- cient monuments. It was thick and made of wopl," whence the name is sometimes given to the wool itself" The cloak worn by the general and supe- rior officers is sometimes called sagum {Punicum sagum}"), but the diminutive sagulum is more com- monly used in such cases." The cloak worn by the northern nations of Eu- rope is also called sagum : see woodcut, p. 171, ■w^ere thiee Sarmatians are represented with saga, and compare Pallium, p. 719. The German sa- gum is mentioned by Tacitus :'" that worn by the Gauls seems to have been a species of plaid {versi- color sagulum'^). The outer garment worn by slaves and poor per- sons is also sometimes called sagum.='= 1. (Prudent., 1. c.)—!2. (Claud., De Nupt. Honor., 222.— Do 3 Cons. Honor., 81.— Dc Laud. Slil., i., 254.)— 3. (Festus, s. v.)— 4. (C«es , Bell. Civ., i., 81 ; iii., 44.— Gic. ad Finn., xv., 4.)— 5. (Q. Curt., iv., 5I).)^6.. (Plin., U. N., xnii., 2, s. 3.— l,iv., i., 24 ; XII., 43.— Dig. 1, tit. 8, s. 8.)— r. (1. c.)— 8. (Serv. ad Virg., JEn., lii., 120.)— 9. (s. v.)— 10. (Dig-,-li c.l— 11. (ad Festum, p. S20.)— 12. (M Aurel., in Epist. ad Fronton., iv., 4.)— 13. (Cic, Phil., viii., 11 i v., 12; xiv., 1.)— 14. (Liy., Epit., 72, 73.— Veil, fateic., ii., 16.) — 15, (TrebeU. Po.i , .Trig. Tyrann., 10.) — 16. (Mart., li? , 159.)-17. (Vairo, L. L., \,m, ed. MUUer,)— 18. (Hor., Ep., ix., 28.)— 19. (Compare Sil.; Ital., iv., 519; ivii,, 828.— Liv., XM., 17; iiyii., 19.)— 20. (Germ., 17.)-21, (Tao., Hut.,ii., 20.)— 22. (Col., i., &- Compare Dig. 34, tit. 2, •. 23, « S.) S48 »SALAMANDRA {^aXa/iavSpa), the Sa.amander, or Lacerta Salamandra, a batracian reptile, 61 the second "family of its order, and constituting- the typeof a distinct genus. "To have some idea of its ^ure," says Buffi}n, " we may suppose the tail of a li.-.ard applied tothe body of a frog " For a full and accurate account, however, of this reptile and its peculiar structure, the reader is referred to Griffith's Guvier. Thepopular belief that the sala- mander is proof against the action of fire (a belief to which Aristotle is guilty of giving some counte- nance) is now entirely exploded. According to Sprengel, the only foundation for this belief is the fact that the reptile emits a cold, viscid secretion from its body, which might be capable of extin- guishing a small coal. Dioscorides states decided- ly that it is not true that the salamander can Uve in fire. "The salamander," says Griffith, " takes up 'its abode in the humid earth, in the tufted Woods of high mountains, in ditches and shady places, un der stones and the roots of trees,in hedges, by the banks of streams, in subterraneous caverns, drid ra- ined buildings. Though generally feared, if is by no means dangerous. The milky fluid which ex- udes from its skin, and which it sometimes shoots to the distance of several inches, though nauseous, acrid, and, according to Gesner, even depilatory, is fatal only to very small animals; This' hUmoul-, however, was doubtless the cause of a general pre- scription of the salamander. According to Pliny, by infecting with its poison all the vegetables of a vast extent- of territory, this reptile could produce death to entire nations ! Other animals se6m to have an instinctive horror of it. Its bite, howevet, is perfectly harmless, though Matthioli has declared it to be equally mortal with that of the viper — an atrocious absurdity."' SALAMI'NIA {'ZaKaftivla). The Athenians, from very early times, kept for public purposes two saored or state vessels, the one of which was called IIop a/lof , and the other 'Lakaiiivia ; the crow of the one bore the name of napaTurai or !rapo/l6;, and that of the other aaXaiiivwi.^ In the former of these two articles Photius erroneously regards the two names as belonging to one and the same ship." The Sal- aminia was also called i^rilla or Qeapii, because it was used to convey the ■deupul to Delos, on which occasion the ship was adorned with garlands by the priest of Apollo.* Both tliese vessels were quick-sailing triremes, and were used for a variety of state purposes : they conveyed theories, despatch- es, &o., from Athens, carried treasures from sub- ject countries to Athens, fetched state criminals from foreign parts to Athens, and the like.' In bat- tles they were frequently used as the ships in which the admirals sailed. These vessels and their crews were always kept in readiness to act, in case of any necessity arising ; and the crew, although they could not, for the greater part of the year, be in actual service, received their regular' pay of four oboli per day all the year round. This is- expressly stated only of the Paralos," but may be safely said of the Salaminia also. The statement of the scho- liast on Aristophanes,' that the Salaminia was only used to convey criminals to Athens, and the Para- los for theories, is incorrect, at least if apphed to the earlier times. When Athens had become a great maritime power, and when other sh ips- were employed for purposes for which before either the Salaminia or the Paralos had been used, it is natu- ral to suppose that these two vessels were chiefly I, (Aristotj, H. A., v., 19.— Adams, Append., s. v.- GnffiWs Cuvier, vol. ii., p. 464.)— 2. (Phot,, s. v. ^dpo^O!|and na()aA«.) —3. (Pollux, Onora., viii., 116.— Hesych,, s. v. IlapaXiVjis ;i-4 (Plat., PhBd.,.p. 58, c.)— 5. (Thucyd.,,v7,,53,61.)=n6. (Harpocl et Ph(?t„;>. T. n4(rsAot)r-7. (.4.T., 147 - CofliRWp ;Soida», •• « XaXaiJLma vavs.) SALARIUM. SALII. employed in matters connected with religioti, as lieories, and in extraordinary cases, such as when a state criminal lilie Alcibiades was to be solemnly oonveyed to Athens. The names of the two ships *;em to point to a very early period of the history ot Attica, when there was no navigation except be- tween Attica and Salamis.for which the Salaminia was used, and around the coast of Attica, for which purpose the Paralos was destined. In later times the names were retained, although the destination of the ships was principally to serve the purposes of religion, whence they are frequently called the sacred ships.' «SAL AMMONI'ACUM (uTi^'Aj^viaKdc), a Fos- sil Salt, procured from the district of Africa ad- loining the Temple of Jupiter Ammon. It was to- tally different from the Sal Ammoniac of the mod- erns, -which is Hydrochlorus Ammonia. {Vid. Am- MONiAouM.) " It has been thought," says Dr. Moore, that the ancients knew Sal Ammoniac under the name of Nilrum.; and, although Beckmann main- tains the opposite opinion, the grounds on which he rests his argument do not bear him out. He ob- serves that 'there are two properties with which the ancients might have accidentally become ac- quainted, and which, in that case, would have been sufficient. to make known or define to us this salt (sal ammoniac). In the first place, by an acci- dental mixture of quicklime, the strong smell or un- pleasant vapour diffused by tire volatile alkali sep- arated from the acid might have been observed.' Now what Beckmann seems willing to admit as a criterion of sal ammoniac is mentioned by Pliny of mtrum, which, he says, ' sprinkled with lime, gives forth a powerful odour' {cake aspersum red,- '.lit odorem vchem^ntiorem). Beckmann appears to .' 3ubt wliat, he says, ' several writers have assert- ed, that sal ammoniac comes also from the East Indies.' But it certainly is brought thence at this lay, and may have been manufactured there, and have found its way to Europe in the time of Pliny also; for we find that unchangeable country pro- rlucing the same things then as now, indigo, In- dian ink, fine steel, sugar, silks, &c. The manu- facture of sal ammoniac in Egypt also may, for aught we know, have been more ancient than is thought. We are not justified in concluding that the ancients were ignorant of everything of which we discover no mention in their works. One of the chief reasons for supposing the ancients to have been ignorant of our sal ammoniac and nitre is, that we know of very few uses to which they might have- been applied. But, tliough they may have had little inducement to manufacture them, even had they possessed the art, yet they could hardly have failed to observe them in a native state, since both -these salts are • found occurring thus in Southern Italy and elsewhere.'" ■ ^ . SALA'RIUM, a Salary. The ancients derive the word from sal., i. e., salt;' the most necessary thing to support human life being thus mentioned as a representative for all others: Salarium there- fore comprised all the provisions with which the Roman officers were supplied, as well as their pay In money. In the time of the Republic the name salarium does not appear to have been used ; it was Augustus who, in order to place the governors of provinces and other military officers in a greater state of dependance, gave salaries to them or cer- tain sums of money, to which afterward various suppUes in kind were added.* Before the time of Augustus, the provincial magistrates had been pro- 1. (VVrf. Biickh, Stnatsh, i., p. SS8.— GSUer ad Thucyd., iii., 33. — Schiimann ad Isisam, p. 296,) — 2. (Adims, Append, e v. 'Aii/x(i)vwk3? '£Aff. ^ Moure's AnnienC MineraU, p. 96-^8; — 3. (Plin., U. N;, xxxi., 41.)- 4. (Suet., Octav., 36.— Tacit., Agiij., 4S.-Treb. Poll., Claud 14, 15.— Plav. Vopisc, Proh 4.) S P vided in their provinces with everything they wan ed, through the medium of redemptores {nttpoxoC), who undertook, for a certain sum paid by the state. to provide the governors with all that was necessa ry to them. During the Empire we find instances of the. salarium being paid to a person who had ob- tained a province, but was nevertheless not allowed to govern it. In this case the salarium was a com pensation for the honour and advantages which he might have derived from the actual government ol a province, whence we can scarcely infer that the sum of 10,000 sesterces, which was offered oh such an occasion,' was the regular salarium for a pro- consul. Salaria were also given under the Empire to othei officers, as to military tribunes,^ to assessores (via. Assessor), to senators,^ to the comltes of the prin- ceps on his expeditions,* and others. Antoninus Pius fixed the salaries of all the rhetoricians and philosophers throughout the Empire ;' and when persons did not fulfil their duties, he punished them by deducting from their salaries.^ Alexander Se- verus instituted fixed salaries for rhetoricians, gram- marians, physicians, haruspices, mathematicians, mechanicians, and architects ;' but to how much these salaries amounted we are not informed. Re- specting the pay which certain classes of priests re- ceived, vid. Saoerdos. SA'LII were priests of Mars Gradivus, and are said to have been instituted by Numa. They were twelve in number, chosen from the patricians even in the latest times, and formed an ecclesiastical cor- poration' (lecta juventus patrida'). They had the care of the twelve ancilia (vid. Ancile), which were kept in the Temple of Mars on the Palatine Hill whence these priests were sometimes called Salii Palatini, to distinguish them from the other salii mentioned below. The distinguishing dress of the salii was an embroidered tunic bound with a brazec belt, the trabea, and the apex, also worn by the fla- mines. (TtVi. Apex.) Each had a sword by his side, and in his right hand a spear or staff.'" The festival of Mars was celebrated by the salii on the 1st of March and for several successive days, on which occasion they were accustomed to go tlirough the city in their official dress, carrying the ancilia in their left hands or suspended from their shoulders, and at the same time singing and dancing," whence Ovid, apparently with correctnese, derives their name.'" The songs or hymns which they sang on this occasion {saliaria carmina") were called asamenta, assamenta, or axamenta, of which the etymology is uncertain. Gottling'* thinks they were so called because they were sung without any musical accompaniment, assa voce; but this etymol- ogy is opposed to the express statement of Dionys- lus." Some idea of the subject of these songs may be obtained from a passage in Vifgil,"' and a small fragment of them Is preserved by Varro " In later times they were scarcely understood, even by the priests themselves." The praises of Mamurius Ve- turius formed the principal isubject of these songs, though who Mamurius Veturius was the ancients themselves were not agreed upon." He is gener- ally said to be the armorer who made eleven an- cilia like the one that was sent from heaven {vid. Anoile"'),' but some modern writers suppose it to be 1. (Dfon Cass., Ixviii., 22.)— 2. (Plin., H, N., xxiv., 6.— Jut., iii., 132.)— 3. (Suet., Nero, 10,)^-4. (Suet,, Tib., 46.)— 5. (Capi- tol'., Ant, Pius, 11.)— 0. (Id. ib., 7.)— 7. (Lamprid., Alex, Sev,, 44.)— 8, (Liv., i., 20.— Dionys., ii., 70.— Cic, Rep., ii., 14.)— 9, (Lucan, ix., 478.) — 10. (Dionys., ,1. c) — 11. (Liv., I.e. — ^Dionys., 1. 0,— Hoi;., (Jarm., i., 36, 12 ; iv., 1, 28.)— 12. (Past., iii., 387,) —13. (Hor.,Epist.,ii.,l,S6.— Tacit., Ann., ii., 83.)— 14, (Gesch. der Edm. Staatsverf., p. 192.)- -15. (iii., 32.)— 16. (Ms.., viii,, 286.)^ 17. (Lin? Lat., vii., 26, ed. MaUer.),-l8. (Tarro, Ling Lat., vii., 2.— Hor., Epist., li., 1, 86.— (}uint. ., 6, p. 54, Bip,)- 19, (Varrb, Ling. Lat., vi., 45;)— 20. (Festui s v. Mam Vet - Dionys,, ii., 7) —Ovid, Fist , iii,, 3,S4 1 849 SALINE SALTATIU. merely another name of Mars. Besides, however, the praises of Mamurius, the verses which the salii sang appear to have contained a kind of theogony, in which the praises of all the celestial deities were celebrated, with the exception of Venus.' The verses in honour of each god were called by the respective i;ames of each, as Januli, Junonii, Mi- nervii." Llivine honour was paid to some of the emperors by inserting their names in the songs of the salii. This honour was first bestowed upon Augustus,' and afterward upon Germanicus ;* and when Verus died, his name was inserted in the song of tlie salii by command of M. Antoninus." At the conclusion of the festival, the salii were accustomed to partake of a splendid entertainment in the Temple of Mars, which was proverbial for its excellence." The members of the collegium were elected by co-optation. We read of the dig- nities of praesul, vates, and magister in the colle- gium.' TuUus Hostilius established another collegium of salii in fulfilment of a vow which he made in a war with the Sabines. These salii were also twelve in number, chosen from the patricians, and appear to have been dedicated to the service of Quirinu's. They were called the Salii CoUini, Agonales or Agonenses.' Niebuhr' supposes that the oldest and most illustrious college, the Palatine Salii, were chosen originally from the oldest tribe, the Ramnes, and the one instituted by Tullus Hostilius, or the Quirinalian, from the Titles alone : a third college for the Luceres was never established." SALI'NiE (dAoj, dh)ir^yiov), a Saltwork." . Al- though the ancients were well acquainted with rock salt"'' {aXeg bpvicToi, i. e., fossil salt'"^), and al- though they obtained salt likewise from certain in- and lakes,'* and from natural springs or brine pits," nd found no small quantity on certain shores, where t was congealed by the heat of the sun without hu- man labour (uAef .avTo/iaToi"), yet they obtained by far the greatest quantity by the management of works constructed on the seashore, where it was naturally adapted for the purpose by being so low and flat as to be easily overflowed by the sea {inariti- mcE area salinarum"), or even to be a brackish marsh (dXvK'c) or a marine pool (At/ivoeaiarra"). In order to aid the natural evaporation, shallow rectangular ponds {multifidi lacus) were dug, divided from one another by earthen walls. The seawater was ad- mitted through canals, which were opened for the purpose, and closed again by sluices. ( Yid. Cata- RACTA.) The water was more and more strongly impregnated with salt as it flowed from one pond to another." When reduced to brine {coacto humore), it was called by the Greeks a?i.firi, by the Latins salsugo or stUsUago, and by tho Spaniards mmria." In this state it was used by the Egyptians to pickle fish,"' and by the Romans to preserve olives, cheese, and flesh likewise."' From muria, which seems to be a corruption of d?Lftvp6c, " briny," the victuals cu- red in it were called salsa muriatica." As the brine which was left in the ponds crystallized, a man in- trusted with the care of them, and therefore called sttlinator (a/loTr^jydf ), raked out the salt, so that it lay 1 (Macrub., Sat., i., 12.) — 2, (Festus, s. v. Aiamenta.) — 3. (Monum. Anc>T.) — 4. (Tacit., Ann., ii., 83.) — 5. (Capitol., M. Act Phil., 21.)— 6. (Suet., Claud., 33. — Cic. ad Att.,v., 9.— Hor., Carra., i., 37.)— 7. (Capitol., ib., 4.)— 8. (Liv., i., 27.— Di- ■ onys., ii., 70 ; iii., 32. — Varro, Lin^. Lat., vi., 14.) — 9. (Ram. Geach,, iii., p. 410.) — 10, (Comparo Hartung, Die Beligion der RSmer, ii., p. 163, &o.) — 11. (Varro, Ling. Lat., viii., 25, ed. Spengcl )— 12. (Herod., iv., 181-165.)- 13. (Arrian, Exp. Alex., iii., 4, p, 181, 162, ed. Blanc.)— 14. (Herod., Tii.. 30.)— 15. (Cic, Nat. Deor., ii., 63.— Plin., H. N., Mxi., 7, s. 39-42.)— 10. (He- rod., iv., 53.— Flin., 1. c.)— 17. (Col., De Re Rust., ii., 2.)— 18. (StiTibo, iT., 1, « 6 ; vii., 4, ^ 7.— Cies., Bell. Civ., ii., 37.)— 19. (iCutilii,ltin.,i., 475-490.)— 20. (P'in., L c.) — 21. (Herod., ii., 77.)— 22. (Cato, De Be Rust., 7, 88 105.— Hor., Sat., ii., 8, 53.) -23 (Plant., Poen., L, ii., 32, 39 ) 85n in heaps XtumuU) upon the ground to drain.' In Attica,' in Britain," and elsewhere, several places, in consequence of the works established in them, obtained the name of 'A/tot or Salina. Throughout the Roman Empire, the saltworks, having been first established by the early kings of Rome, were commonly public property, and were let by the government to the highest bidder. The publicans who farmed them, and often maintained upon them a great number of servants,* were called mancipes salinarum. (Fi(i. Manceps.) Malefactors of both sexes were employed in them, as they were in the mines.' SALI'NUM, dim. SALILLUM, a SaltceUar. Among the poor, a shell served fbr a saltcellar;' but all who were raised above poverty had one of silver, which descended from father to son,' and was accompanied by a silver plate, which was used, together with the saltcellar, in the domestic sacri- fices.' (Firf. Pateka.) These two articles of silver were alone compatible with the simplicity of Roman manners in the early times of the Republic.'. The saltcellar was no doubt placed in the middle of the table, to which it communicated a sacred charac- ter, the meal partaking of the nature of a sacrifice." {Viil. Focus, Mensa.) These circumstances, to gether with the religious reverence paid to salt, and the habitual comparison of it to wit and vivacity, explain the metaphor by which the soul of a man is called his salillum.^^ *SALPE (,au?,mi), the Stockfish, or Sparus Salpa, in French, la Saupe; in Italian, Sdrpa." *S.-\LPINX ((TuAmyf), a bird whose note resem bled the sound of a trumpet (aa/lTrtyf, " a trumpet"). Hesychius and Pliotius identify it with the rpoxi^o^, or golden-crested wren, "the notes of which," says Adams, " are certainly piping, but cannot well be compared to the sound of a trumpet !"" *II. A kind of shellfish, called also arpofiBo^. SALTA'TIO {opxTjai;, bpxrioTii), Dancing. The dancing of the Greeks, as well as of the Romans, had very little in common with the exercise which goes by that name in modern times. It may be di- vided into two kinds, gymnastic and mimetic ; that is, it was intended either to represent bodily activi- ty, or to express by gestures, movements, and atti- tudes, certain ideas or feelings, and also single events or a series of events, as in the modern bal- let. All these movements, however, were accom- panied by music ; but the terms opxr/cic and saltatio were used in so much wider a sense than our word dancing, that they were applied to designate ges- tures even when the body did not move at all'* (saltare solis oculis"). , . We find dancing prevalent among the Greeks from the earliest times. It is frequently mentioned in the Homeric poems : the suiters of Penelope de- light themselves with music and dancing ;" and Ulysses is entertained at the court of Alcinous with the exhibitions of very skilful dancers, the rapid movements of whose feet excite his admiration." Skilful dancers were at all times highly prized by the Greeks : we read of some who were presented with golden crowns, and had statues erected to their honour, and their memory celebrated by in- scriptions." 1. (Manilius, T., prope fin. — Nicander, Alex., 518,519.) — 3 (Steph. Byz.)— 3. (Ptol.)— 4. (Cic, Pro Lege Man., 6.)— 5, (Bb longer. Do Trib. et Vect., xxi.)— 6. (Ilor., Sat., i., 3, 14.— Sohol. ad loc)— 7. (Hor., Carm., ii., 16, 13, 14.)— 8. (Pers., iii., 24, isS.) —9, (Plin,, H. N., xxxiii., 12, s. 54.— Val. Max., iv., 4, 3.— Ca tnll., xxiii., 19.)— 10, (Arnob. adv. Gent,, ii,, p. 91, ed. Maire, L. Bat., 1651.)— 11. (Plant., Trin., ii., 4, 90, 91.)— 12. (Aristot., H. A., iv., 8.— .Slian, N. A., ix., 7.) — 13 (iElian, N. A., vi., 19.— Hesych.— Phot, Lex.— Aristoph,, Av., 569,— Adams, Ap- pend,, s, y,)— 14, (Ovid, Art. Am,, i,, 695 ; ii., 305.)— 15, (Apni,, Met,, X., p, 251, ed, Bip.)— 16. (Od., i., 152, 421 ; xviii., 304.)- 17. (Od., viii., 266.) — 18. (Pint., De Pyth. Oroc, 8. — Anthq? Plan,, iv., n. 283, &c ) .SA.LTATIO SALTATIO The lively imagination and mimetic powers of tlie Greeks found abundant subjects for various kinds af dances, and, accordingly, the names of no less than 200 different dances have come down to lis.' [t would be inconsistent with the nature of this work to give a description of all that are known : only the most important can be mentioned, and such as will give some idea of the dancing of the ancients. Dancing was originally closely connected with religion : Plato' thought that all dancing should be based on religion, as it was, he says, among the Egyptians. It has been shown under Choros, that the chorus in the oldest times consisted of the whole population of a city, who met in a public place to offer up thanksgivings to the god of their country by singing hymns and performing dances. These dances, which, like all others, were accompanied by music, were therefore of a strictly religious nature ; and in all the public festivals, which were so nu- merous among the Greeks, dancmg formed a very prominent part. We find, from the earliest times, 'that the worship of Apollo was connected ilvith a rehgious dance called Hypoechema. All the reli- gious dances, with the exception of the Bacchic and the Gorybantian, were very simple, and consisted of gentle movements of the body, with various turn- ings and windings around the altar : such a dance was the yepavog, which Theseus is said to have per- formed at Delos on his return from Crete.' The Dionysiac or Bacchic and the Gorybantian were of a very different nature. In the former, the life and adventures of the god were represented by mimetic dancing {vid. Dionysia) : the dance called Baxxi^i'V by Lucian* was a satyric dance, and chiefly pre- vailed in Ionia and Pontus ; the most illustrious men in the state danced in it, representing Titans, Corybantians, satyis, and husbandmen, and the spectators were so delighted with the exhibition that they remained sitting the whole day to witness it, forgetful of everything else. The Gorybantian was of a very wild character : it was chiefly danced in Phrygia and in Grete : the dancers were armed, struck their swords against their shields, and dis- played the most extravagant fury ; it was accom- panied chiefly by the flute.' The following wood- cut, from the Museo Pio-Glementino,' is supposed to represent a Gorybantian dance. Respecting the dances in the theatre, vid. Ghorus. which the irpii^jf was probably only antther name this Plato' takes as the representative of all war dances. The invention of this dance is placed in the mythical age, and is usually assigned to one Pyrrhicos ; but most of the accounts agree in assign- ing it a Gretan or Spartan origin, though others re- fer it to Pyrrhus or Neoptolemus, the son of Af hil- les, apparently misled by the -name, for it was un- doubtedly of Doric origin.' It was danced to the sound of the flute, and its time was very quick and light, as is shown by, the name of the Pyrrhic foot (""), whichmust be connected with this dance : and from the same source came also the Proceleusmatic ( ), or challenging foot.' The Pyrrhic dance was performed in different ways at various times and in various countries,- for it was by no means confined to the , Doric states. , Plato* describes it as repre- senting, by rapid movements of the body, the way in in which missiles and blows from weapons were avoided, ; and also the mode in which the enemy were attacked. In the non-Doric states it was probably not- practised as a training for war, but only as a mimetic dance : thus we read of its being danced by women to entertain a company.' It was also performed at Athens at the greater and lesser Panathenaea by Ephebi, who were called Pyrrhich- ists (nvfifuxicTai.), and were trained at the expense of the choragus.' In the mountainous parts of Thes- saly and Macedon, dances are performed at the pres- ent day by men armed with muskets and swords.' The following woodcut, taken from Sir W. Ham- ilton's vases,' represents three Pyrrhichists, two of whom, with sword and shield, are engaged in the dance, while the third is standing with a sword. Above them is a female balancing herself on the head of one, and apparently in the act of perform- ing a somerset ; she, no doubt, is taking part in the dance, and performing a very artistic kind of Kvdia- Ttiai; or tumbling, for the Greek performances of this kind surpass anything we can imagine in mod- ern times. Her danger is increased by the person below, who holds a sword pointing towards her. A female spectator, sitting, looks on astonished at the exhibition. Dancing was applied to gymnastic purposes and to training for war, especially in the Doric states, and was believed to have contributed very much to the success of the Dorians in war, as it enabled them to perform their evolutions simultaneously and in order. Hence the poet Socrates' says, ol Ss ;(opoJ'f KuTiXiara iJcoiJf rifiuaiv, uptaroi hi ■noXen. There were various dances in early times which served as a preparation for war ; hence Homer' calls the hoplitae TrpvTieeg, a war-dance having been called irpvXi.c by the Gretans.' Of such dances, the mos'k celebrated weis the Pyrrhic (^ Uvfip'ixri), of 1. ,'Meureiii8, Orchest. — Athen., xiv., p. 627-630. — Pollux, Onom , iy,, 05-111. — Libau., irr*^ ; tav ipx-) — 2. (Leg., vii., *r98, T99.)— 3. (Plut., Thes., 21.)— 4. (l)e Salt , 79.)— 5. (Luoian, ib., 8.— Stralio, x., p. 473.— Plal , Cnt , p 54 )— 0. (vol. iv.; pi. 9.)—: 7.' (Athen., xiv.. ti. 629,/.)- 8. (II., li., 49 ; lit:, '77.)— 9. ■ (Mttl- ' l»r. Dor. iii., 12, HO , The Pyrrhic dance was introduced in the public games at Rome by Julius Gsesar, when it was danced by the children of the leading men in Asi« and Bithynia.' . It seems to have been much liked by the Romans ; it was exhibited both by Galigula and Nero,'" and also frequently by Hadrian." Athe- riaeus" says that the Pyrrhic dance was still prac- tised in his time (the third century A.D.) at Sparta, 1. (Leg., vii., p. 815.)— 2. (Athen., itiv., p. 630, c — Strabo, X., p. 466.— Plat., Leg., p. 796.— Lucian, ib-, 9.)— 3. (MiiUcr, Hist. Greek Lit., i., p. 161.)— 4. (Leg., vii., p. 815.)— 5. (Xen., Anab., vi., 1, 4 12.)— 6. (Sohol. ad Aiistoph., Nub., 988.- Lysias, fooA; iapoSoK., p. 693, eil. Eeiske.)— 7. (Dodwell, Tour through Greece, ii., p. 21, 22.)— 8. (ed. Tischbein, vol. i., pi. 60.)— 9 (Suet., Jul., 39.)— 10. (Dion Cass., lx.,.7.— SU6t.,,N:eT0, 18.)- 11. (Spart., Hadr., 19.)— 12. (niv., p. 631, o.) 861 SALTATIO SAMHUUA. where it was daneed by boys from the age of fifteen, but that in other places it had become a species of Dionysiac dance, in which the history of Dionysus was represented, and where the dancers, instead of arms carried the thyrsus and torches. Another iinportant gymnastic dance was perform- ed at the festival: of yv/ivowaidia at Sparta, in com- memoration of the baMle at Thjnrea, where the chief object, according to MSll^r^' was to represent gym- nastic exercises and dancing in intimate union : re- specting the dance at this festival, see Gymnopaidia. There were Other dances besides the Pyrrhic in which the performers had arms, but these seem to have been entirely mimetic, and not practised with any view to training for war. Such was the Kap- waia, peculiar to the .^nianians and Magnetes, which was performed by two armed men in the fol- lowing manner : one lays down his arms, sows the ground, and ploughs with a yoke of oxen, frequently looking around as, if afraid; then comes a robber, whom as soon as the other sees, he snatches up his arms, and fights with him for the oxen. All these movements are rhythmical, accompanied by the flute. At last the robber binds the man and drives away the oxen, but sometimes the husbandman conquers." Similar dances by persons with arms are mentioned by Xenophon on the same occasion. These dances were frequently performed at banquets for the en- tertainment of the guests,' where also tiieKvSiuT^pei were often introduced, who in the course of their dance filing themselves on their head and alighted again upon their feet. See Cubisteres, where the remarks which are made respecting the KvSiardv elc uaxaipa; are well illustrated by the following wood- cut from the Museo Borbonico, vol. vii., tav. 58. We learn from Tacitus* that the German youths also used to dance among swords and spears point- ed at them. * Other kinds of dances were frequently performed at entertainments, in Rome as well as in Greece, by courtesans, fiany of which were of a very indecent and lascivious nature.' The dancers seem to have frequently represented Bacchanals : many such dan- cers occur in the paintings found at HercUlaneum and Pompeii, in a variety of graceful attitudes." Among the dances performed without arms, one of the most important was the 6p/iog, which was danced at Sparta by youths and maidens together ; the youth danced first some movements suited to his age, and of a military nature ; the maiden fol- lowed in measured steps and with feminine gestures. Lucian' says that it was similar to the dance per- formed at the Gymnopaedia.' Another common dance at Sparta was the Bibasis, which is described in a separate article. 1. (Dor., IT., 6, 1) 8.)— a., (Xen., Adab., vi., I, « 7, 8.— Athen., i., p. 15,/., 16, a.^Maxim. Tyr., Diss., xiviii., 4.) — 3. (Athen., It., p. 155, 6,)— 4. (Germ., 24.)— 5. (Maorob., Sat., ii., 10.— Plant., Stich., v., 2,- 11.) —6. {Vid. Mueeo Borb., vol. vii., tav. 84-40 toI. ix., tav, 17 ; Toli i., tav. 5, 6, 54.)— 7. (Do Salt.. 12.) —8. (Compare Miiiler, Dor., iv., 6, ^ 5.) 853 In many of the Greek states, the art of .danping was carried to great perfection by female?, who were frequently engaged to add to the pleasures and enjoyment of men at their symposia, These dancers always belonged to the hetaerse. Xeno- phon' describes a mimetic dance which was repre- sented at a symposium where Socrates was pres- ent. It was performed by a. maiden and a yputli belonging to a Syracusan, who is called the opKiis, TO(54poc noticed by iElian must have been the Lacerta viridis, L. It is a very large species. Virgil mentions it in the following line : " ' Nunc virides etiam occultant spineta lacertos.' '" *ll. A species of fish, about which great uncer- tainty prevails. "Some have referred it," saya Adams, " to the Salmo Saurus, L., called at Rome Tarantota. Schweighaenser mentions that Ca- mus supposed it the same as the nix^rj. Schneider, upon the whole, prefers some species of the Dio- don, L. Coray inclines to the opinion that it was a species of mackerel, or Scomber, and that it is the fish called duKepSa by the modern Greeks.'" *SAXIFR'AGIUM (aa^ifpayov), a plant, which Adams conjectures may have been the Burnet Sax- ifrage, or Pimpinella Saxifraga. Sprengel, howev- er, has shown, as Adams remarks, that there is great uncertainty about it.' SCAL.(E ((cXi/iof), a Ladder. The general con-^ struction and use of ladders was the same among the ancients as in modern times, and therefore re- quires no explanation, with the exception of those used in besieging a fortified place and in making an assault upon it. The ladders were erected against the walls {admovere, ponere, apponcre, or eri- gere scalas), and the besiegers ascended them un- der showers of darts and stones thrown upon' them by the besieged.* Some of these ladders wore formed like our common ones ; others consisted of several parts (K^i/taKec rtriKTai or Si.aA.vTai), which might be put together so as to form one large lad- der, and were taken to pieces when they were not used. Sometimes, also, they were made of ropes or leather, with large iron hooks at the top, by which they were fastened to the walls to be ascended. The ladders made wholly of leather consisted of tubes sowed up air-tight, and when they were wanted these tubes were filled with air.° Heron also mentions a ladder which was constructed in such a manner that it might be erected with a man standing on the top, whose object was to observe what was going on in the besieged town.* 0th ers, again, were provided at the top with a small bridge, which might be let down upon the wall.'" In ships, small ladders or steps were likewise used for the purpose of ascending into or descending from them.' In the houses of the Romans, the name scalae was applied to the stairs or staircase leading from the lower to the upper parts of a house. The steps were either of wood or stone, and, as in modem times, fixed on one side in the wall.' It appears that the staircases in Roman houses were as dark as those of old houses in modern times, for it ia very often mentioned that a person concealed him- self in scalis or in scalanim tejiebris," and passages like ^ese need not be interpreted, as some com- mentators have done, by the supposition that in scalis is the same as sub' scalis. The Roman hous'- es had two kinds of staircases : the one were the common scala;, which were open on one side ; the others were called scalae Grsecse or KU/iaKec, which were closed on both sides. Massurius Sabinus" states that the flaminica was not allowed to ascend higher than three steps on a common scala, but that she might make use of a climax like every 1. (JDlian, N. A., v., 47.— Virg., Eel., ii., 9.— Adams, Append., s. T.)— 2. (Aristot., H. A., ii., 2.— .ffilian, N. A.y xii., 25 — Schweigh^ ad Athen., vii., 120. — Adams, Append., s. v,)— 3. (Dioscor, iv., 15. — Adams, Append., s. v.) — 4. (Sallust, Jug., 6, 64.— Cies.,De Bell. Civ., i., 28, 63.— Tacit., Hist., iv., 29, ifec— Veget., Do Ke Milit., iv., 21.— Polyb., ix., 18.)— 5 (Heron, o. 2.) — fi. (Id., c. 12.)— 7. (Id., c. 19.)— 8. (Virg., jEn., x., 654.— Heron, c. ll.)^9. (VitruT., ix.jl, V7, &c.)— 10. (Cic, Pro Mil., 15 -- Philip., ii., 9.— Hor., Enist., ii., 2, 15.)— 11. fan 0»11.. . 'S. « 29.) SCEPANOS other person, as here she was concoaled when go- ing up,^ SCALPTURA'TUM. (Vid. House, Roman, p. 519.) *SCAMMO'NIA (dKa/j/iovla), a plant, the Convoi- tuhis Scammonia. An extract, called Scammony, is obtained from the roots, having purgative proper- lies. " Dioscorides describes another species, which Sibthorp and Sprengel take to be the Convolvulus farinosus. Scammony is named iuitpv Kti/iuvog by Nicander, and doKpiSiov by Alexander Trallianus."" SCAMNUM, dim. SCABELLUM, a step which was placed before the beds of the ancients, in order to assist persons in getting into them, as some were very high ; others, which were lower, required also lower steps, which were called scaiella.^ A scamnum was sometimes also used as a footstool.* A scamnum extended in length becomes a bench, and in this sense the word is frequently used. The early Romans, before couches were introduced among them, used to sit upon benches (scamna) be- fore the hearth when they took their meals.' The benches in ships were also sometimes called scam- na. In the technical language of the agrimensores, a scamnum was a field which was broader than it was long, and one that was longer than broad was called striga." In the language of the Roman peas- antry, a scamnum was a large clod of earth which had not been broken by the plough.' *SCANDIX ((j/faVdif), a plant, the Scandix Aus- Iralis, or Shepherd's Needle. Aristophanes makes it a matter of reproach to Euripides that his mother sold scandix instead of good potherbs. The scholi- ast on Aristophanes calls it Xuxavov uypiov evrele^, "a wild, cheap potherb." Hence, when Nicias, in the Knights, alludes to the name of Euripides, his fellow-slave replies, fi^ /loi ~/e, fit) ftot, uri diaoKavdi- xicinc. " Hac (scandix) est" says Pliny, " quam Aristophanes Euripidi poeta ohjccit jocularitcr, ma- trem ejus ne olus quidem legUimum vcnditasse, sed scandicem.** SCANTI'NIA LEX. (Vid. Lex, p. 585.) SCAPHA, a skiff or boat, usually rowed by two oars (bircmis seapha'), which was frequently taken with merchant vessels in case of shipwreck or other accidents ^^ SCAPHEPHO'RIA (,cK.a(^^opla.). {Vid Hydri- IPHORIA,) *SCARUS (anapoc:), a species offish, the Scarus. " There is considerable difficulty in deciding pre- cisely what it was, owing to the general resem- blance of the fishes contained in the Linnaean genera Spams, Scarus, and Labrus. The ancient naturalists believed that it ruminates, and this opinion, although rejected by the author of the article Ichthyology in the Encyclopedic Methodique, has received the coun- tenance of Rondelet and Linneeus." The roasted scarus was a favourite dish with the ancients, and the liver was particularly commended. The liver, accordmg to Sibthorp, is still prized by the modern Greeks, and is celebrated in a Romaic couplet." SCENA. ( Vid. Theateum.) *SCEP'ANOS ((T/tcTrof Of), a kind of flat fish, re- markable for swimming rapidly, gliding, as it were, like a shadow, whence the name (oKinavos, " cov- ered," " shaded"). It would seem to have been a ipecies of tunny. Some, however, are in favour of the halibut." 1. (SeiT ad JEn., iv., 664.)— 2. (Theophr., H. P., iv.,5,— Dioscor., It., 168. — ^Adams, Append., s. v.) — 3. (Varro, De Ling-. Lat., iv., p. 46 — Isid., 11., 11. — Ovid, Ars Am., ii., 211.) — 4. (Ovid, ib., i., 162.) —5. (Id., Fast., vi., 305.) —6. (Varii Auq',ov. Kei Agr., p. 46, 125, 198, ed. Goes.)— 7. (Colum., ii., 2.) — 8. (Theophr., )i. P., vii., 8. — Dioscor., ii., 167 — Ariatoph., Acharn., 456.^M]tohen, adloc.)— 9..(Hor., Carm., iii., 29, 62.)^10. (Cic, De IftT.,, ii., SI.) — 11. (Aristot., H. A., ii., 17 ; viii., 2 ; ii., 37. -.^^Jian, N. A., i.. 2. — Id., ii., H— Adams, Append-, I. v.)— 12. 'l)oiinogan, Lexicon, 4th eii., s. v.) 5Q SCEUOPHORUS. *SCEP'INOS ((7/(C7rwdf), another name for the preceding, used by Athenseus.' , SCEPTRUM is a Latinized form of the Greek aif^TTpov, which originally denoted a simple staffer walking-stick." ( Kid; Baoblus.) The correspond- ing Latin term is scipio, springing from the same root and having the same signification, bjt of .ess frequent occurrence. As the staff was used not merely to support the steps of the aged and infirm, but as a weapon of defence and assault, the privilege of habitually carrying it became emblematic of station and au- thority. The straight staves which are held by two of the four sitting figures in the woodcut at p. 61, while a third holds the curved staff, or Litohs, in- dicate, no less than their attitude and position, that they are exercising judicial functions. In ancient authors the sceptre is represented as belonging more especially to kings, princes, and leaders of tribes;^ but it is also borne by judges,* by heralds,' and by priests and seers.'' It was more especially characteristic of Asiatic manners, so that, among the Persians, whole classes of those who held high rank and were invested with authority, including eunuchs, were distinguished as the sceptre-bearing classes (oi auriTrToixoL'). The sceptre descended from father to son,' and might be committed to any one in order to express the transfer of author- ity.' Those who bore the sceptre swore by it,'" solemnly taking it in the right hand and raising it towards heaven." The original wooden staff, in consequence of its apphcation to the uses now described, received a yariety of ornaments or emblems. It early became a truncheon, pierced with goldeic tr.ver studs.- = It was enriched with gems,'= ma. made of precious metals or of ivory.'* The annexed woodcut, taken from one of Sir Wm. Hamilton's fictile vases, and . representing ^neas followed by Ascanius, and" carrying off his father Anchises, who holds the sceptre in his right hand, shows its form as worn by kings. The ivory sceptre (eburneus scipio") ol the kings of Rome, which descended to the con- suls, was surinounted by an eagle.'' ( Vid. Insigne.) Jupiter and Juno, as sovereigns of the gods, were represented with a sceptre." SCEUO'PHOROS {oKevoipopoc). (Vid. Hypeek- tes.) 1. (vii., 120.)— 2. (Horn., II., xviii.,416.— JEsthyl., Agam., 74 — Herod.; i., 195.) — 3. (Horn., II., ii., 186, 199, 265, 266, 279, xviii., 657.— Id., Od., ii., 37, 80 ; iii., 412.)— 4. (Id., Od., xi., 568.> —5. (Id., L., iii., 218; vii., 277; xviii., 505.) — 6. (Id.ib., i., 15. Od., Ii., 91.- jEsch., Agam., 1236.)— 7. (Xen., Cyr., vii., 3, H7; viii., 1, M8 ; 3, « 15.) ^ 8. (Horn., II., ii., 46, 100-109.) — 9. (Herod., vii., 52.)— 10., (Horn., II.4 i., 234-239.)— 11. (Horn., II., vii.,412; X-., 321,3?8.),— 12. (Il.,i., 246; 11. ,46.)— 13. (Ovid Met.iii., 264.) — 14. (i., 178.— Fast., vi., 38.) -15. (Val. Max. iv.,.4, 4 5.)— 16. lyirg,!, JEn., xi., 238.— Serv., pdloc— InK.i • 43.- Wd., Orif., iviii., 2.)— 17. (Ovid, 11. cc.l s.'j'; SCIURUS. SCORPIO. ■^SCHI'NOS (ff^jvof),- the PistacMa leniiscus. or the lentisk which produces mastich.- *SCHISTUS LAPIS (axiarbg TdBoQ). '-The Schistus lapis," says Dr. Moore, " by burning which, we find from Dioscorides and Phny, that haematite was sometimes counterfeited, was probably an ochrey stone of a slaty structure, whence its name (o^Kfrof, 'split,' 'cloven'). The best was of a somewhat saffron colour, friable, fissile, and resem- bling in structure and in the cohesion of its layers the fossil salt called ammoniae.'"' *SCHCEN'ICLUS {axoivmyMs), a species of bird, which Schneider says has been referred to the Em- beriza Schoeniclus, or Reed Sparrow. Tliis Adams considers a very doubtful reference, and suggests the Motacilla arundinacea, or Reed Wren.^ SCHCENUS (o, n, axolvo^), an Egyptian and Persian measure, the length of which is stated by Herodotus* at 60 stadia, or 2 parasangs ; by Era- tosthenes at 40 stadia, and by others at 32.* Strabo and Pliny both state that the schcenus varied in different parts of Egypt and Persia.^ The schce- nus was used especially for measuring land.' ♦SCHCENUS (axotvoi), a term applied to several species of Rush. "According to Sprengel, the b^vaxolvoQ is the Juncus acutus, and the oXoaxolvo; the Schmnus mariscus, in which opinion he is sup- ported by Stackhouse. Stephens gives nearly the same account of the Schani. Sibthorp makes the axolvoQ T^ia of Dioscorides to be the S. Holoschanus, L. The axohov avBog is the most important of this tribe. Moses Ch arras says of it, ' The Schcenanth is Greek, and signifies the flower of a reed, which is tjie best part of that plant.' Dr. Hill also says of it, ' The Schanantk, or Juncus odoratus of the shops, is a dried stalk of a plant brought to us from Arabia, sometimes bare and naked, sometimes with the leaves and flowers on it, or with more or less re- mains of them.' Sprengel gives a very interesting description of this reed (which he calls Andropogm Schtenanthus) from a specimen which he got from India.'" SCHOLA. {Vii. Baths, p. 148.) SCIADEION {aiiuiSELOv). {Vid. UMBEACULnM.) SCIADEPHORIA {aKiaSri^opia). (Yid. Hydeia- PHORIA.) *SCIA'NA {oKiava), a species offish, the Scicena corrhosa, L. It is also called aicivog and aKLvSdpwv. According to Belon, it is about four cubits long, and sometimes weighs 60 lbs. Rondelet says it is so like the Coracinus that the one is often sold for the other in Rome.' •SCILLA (CT/(iAXa), a bulbous-rooted plant, the Sea Onion or Squill. " The aKiX2.a of Dioscorides is without doubt," says Adams, "the Scilla mari- iima, or Squill. The oKiXka 'Eiriiievideia of Theo- phrastus was most probably the Scilla Italica, as Stackhouse suggests." The Scilla maritima, ac- cording to Sibthorp, abounds in the island of Zante. It is an object of commerce, and is exported to HoUand and England. A sequin for 1000 roots is paid for collecting them. It is called aamUa at Constantinople, and is made into paste with honey for the asthma, or applied in cataplasms to the joints affected with rheumatic pains.'" SCIOTHE'RICUM. [Vid. HoEoLOGinM, p. 509.) SCI'PIQ. (Vid. ScEPTKUM.) *SCIU'RUS (adovpos), the Squirrel, or Sciurus 1. (Theophr., H. P., ix., 1. — Dioscor., i., 181. — Adams, Ap- ?end., s. V.) — 2. (Diosc, v., 145. — Moore's Ancient Mineral., p. 31. — Adams, Append., s. v.) — 3. (Aristot., H. A., vjii., 5. — Adams, Append., s. V.)— 4. (ii., 6, 9.)— 5. (Plin,, H. N., xii., 30 ; T., 10.) — 6. (Strabo, p. 803.— Plin., H. N.,vi., 30.— Compare Athen., iii., p. 122, A.) — 7. (Herod., i., 66.) — 8. (Theophr., i., 5; iv., 8. — Dioscor., i., 16 ; iv., 52. — Adams, Append., e. v.)— 9. (Arifltot., H. A., viii., 9.— .^lian, N. A., ix., 7.— Adams, Append., I. T.)— 10. (Theophr., II. P., i., 7 ; vii., 9.— Dioscor., ii., 202,— Adams, Anpend., s. v. — Walpole's Memoirs, vol. i., p. 351.) '858 valgaris. The Greek name is derived frl'm the cu- cumstance of the tail serving, as it were, to shade the body (ir/cm and ovpd).' *SCOL'OPAX or SCOLO'PAX (rtoWn-af ot (TKo^uTTof), probably the Scolopax rvsticula, L., oi Woodcock. It is the Becassa of the Italians. Mar- tial calls it the " Rustica perdix."' *SCOLOPENDRA (aKolo-KevSpa), a species of venomous insect, the Centipede, Scolopendra morsi- tans, L., or some of the kindred specjes. The aKo\ovhiSpa xepaata, according to Adams, is proper- ly the S. morsitans, or Centipede ; the a. ■dafMccla. is the Aphrodite aculeata. " Nicander," says Adams, " calls the land Scolopendra diioff. — Demosth •■ Olympiod 1174.— Meier, Att. Proo. 6a6 SCY'IALE SEISACHTHEIA. eoilse). "I agree with Sprengel," says Adams, " in thinking this the Apium Fetroseli- non, or Curled Parsley, although Staokhouse be doubtful. Ludovicus Nonniiis correctly remarks that it ought not to be confounded with the Petrose- linon of the ancients, or Macedonian Parsley."^ SELLA. The general term for a seat or chair of any description. The varieties most deserving of notice are : I. Sella Curulis, the chair of state. Curulis is derived by the ancient writers from currus ;* but it more probably contains the same root as curia, which is also found in Quirites, curiales, the Greek Kvpiog, Kol/Oavoi, &c. {Vid. Comitia, p. 395.) The sella curulis is said to have been used at Rome from ' a very remote period as an emblem of kingly power (hence " curuli regia sella adornavit"'), having been imported, along with various other insignia of roy- alty, from Etruria,' according to one account by Tiillus Hostilius ;' according to another by the el- der Tarquinius ;' while Silius names Vetulonii as the city from which it was immediately derived.' Under the Republic, the right of sitting upon this chair belonged to the consuls, praetors, curule aediles, and censors ;'" to the flamen diahs" (vid. Flamen) ; to the dictator, and to those whom he deputed to act under himself, as the magisier equitum, since he might be said to comprehend all magistracies with- in himself." After the downfall of the constitution, it' was assigned to the emperors also, or to their statues in their absence ;" to the augustales," and perhaps to the preefectus urbi." It was displayed upon all great public occasions, especially in the circus and theatre," sometimes even after the death of the person to whom it belonged, a mark of special honour bestowed on Marcellus, German- 1 (Staatsh., i., p. 17.)— 2. (Plut., Sol., 16.— Compare Suidas, Heaych, Etym. Ma^., s. v. — Cic, De Republ., ii., 34. — Wach- •muth, Hell. Alt., I., i., p. 249.) — 3. (Dioscor., iii., 67.— Theo- phrast., H. P., i., 2. — Adams, Append., s. v.) — 4. (Aul. Gell., iii., 18.— -Festua, s. v. Curules. — Servius ad Vir^., JEn,, xi., 334 — laid., M., 11, 11.)— 5. (LiT.,i.,20.)— 6. (Liv., i., 8.)— 7.-(Ma- erob.. Sat., i., 6.)— 8. (Flor., K, 5.)— 9. (viii., 487.)— 10. (Liv., ii., 64 i vii., 1 ; ix., 46 ; x.,7 ; xl., 45. — Aul. Gell., vi., 9, SELLA. SEMEIOTICA. Two bronze bisellia were discovered at Pompeii, and thus all uncertainty with regard to the form of the seat has been removed. One of these is en- graved above.' III. Sella Gestatoria" or Fertoria,^ a sedan used both in town and country* by men* as well as by women' (muliebris sella'). It is expressly dis- tinguished from the Lectica,' a portable bed or sofa, in which the person carried lay in a recumbent position, while the sella was a portable chair in which the occupant sat upright ; but they are some- times confounded, as by Martial.' It differed from the cathedra also, but in what the difference consist- ed it is not easy to determine. {Vid, Cathedra.) The sella was sometimes entirely open, as we infer from the account given by Tacitus of the death of Galba,'" but more frequently shut in." Dion Cas- sius" pretends that Claudius first employed the cov- ered sella, but in this he is contradicted by Sueto- nius' ^ and by himself." It appears, however, not to have been introduced until long after the lectica was common, since we scarcely, if ever, find any allusion to it until the period of the Empire. The sellse were made sometimes of plain leather, and sometimes ornamented with bone, ivory, silver," or gold," according to the rank or fortune of the pro- prietor. They were furnished with a pillow to sup- port the head and neck {cervical") ; when made roomy, the epithet laxa was applied ;" when smaller than usual, they were termed sellulce;" the motion was so easy that one might study without incon- venience,"" while, at the same time, it afforded healthful exercise." IV. Sell^ of different kinds are mentioned in- cidentally in ancient writers, accompanied by epi- thets which serve to point out generally the purpo- ses for which they were intended. Thus we read of sell(B batneares, sellte tonsorice^ selltz obsfelricice, selke familiaricai v. pertusce, and many others. Both Varro"' and Festus'^ have preserved the word seli- guastrwm. The former classes it along with sedes, iedile, solium, sella; the latter calls them " sedilia antiqui generis ,■" and Arnobius includes them among common articles of furniture. No hint, however, 1. (Mus. Boibon., vol. ii., tav. 31.)— 2. (Suet., Ner., 26.— VitolL, 16.— Ammian., xiix., 2.)— 3. (Cml. Aurelian., i., 5 ; ii., 1.) — 4. (Tacit., Ann., xiv., 4. —Suet., Claud., 25.)— 5. (Tacit., Hist, i., 35 ; iii., 85.— Jut., vii., 141.— Mart., ix., 23.)— 6. (Ta- cit., Ann., xiv., 4. — Jut., i., 124. — Id., vi., 532.)— 7. (Suet., Otlio, 6.)— 8. (Suet., Claud., 25.— Mart., x., 10 ; xi., 98.— Sen- eca, broT. Tit.. 12.)— 9. (iT., 51.)— 10. (Hist., i., 35, &c.) — 11. (JuT., i., 126.— Suet., Ner., 26.— Vitell., 16.— Otho, 6.)— 12. (Ix., 8.)— 13. (OctaT., 53.)— 14. (xlvii., 23; l?i., 43.)— 15. (Lamp., Elagab., 4.)— 16. (Claud., Honor. Cons., it., 683.)— 17. (Jut., Ti.; S32, and sohol.)— 18. (Senec, De Const., 14.)— 19. (Tacit., Hilt., iii., 85.)— 20. (Plin., Ep., iii., 5.)— 21. (Senec, breT.Tit., 12..M3alen, De Tuend. Val., ti., 4.— Casliua Aurel., 1. c.)— 22. (L. L., v., 128.) -23. (s. t.) is given by any of these authorities which could leaJ us to conjecture the shape, nor is any additional light thrown upon the question by Hyginus, who tells us, when describing the constellations, that Cassiopeia is seated " in siliquastro." Of chairs in ordinary use for domestic purposes, a great variety, many displaying great taste, has been discovered in excavations, or are seen repre- sented in ancient frescoes. The first cut annexed represents a bronze one from the Museum at Na- ples :' the second, two chairs, of which the one on the right hand is in the Vatican, and the other is ta- ken from a painting at Pompeii." A chair of a very beautiful form is given in the Mus. Borb.^ V. Sell.* Equestees. {Vid, Ephippium.) SE'MATA. (FtA FuNHs, p. 457.) SEMEIO'TICA (to I,nffeiaTtK6v), one of the five parts into which, according to some authors, the ancients divided the whole science of medicine. (Vid. Medicina.) The more ancient name for this branch of medicine was Diagnostica(jb diayvQaTi- ubv), but in Galen's time the more common name appears to have been Semeiotica. Its particular province was the studying the symptoms of diseas- es, so as to be able to form a correct judgment as to their precise nature, and also to foretell with tol- erable accuracy their probable termination. It was divided into three parts, comprehending, I. the knowledge of the past accidents and history of the disease ; II. the inspection and study of the patient's actual condition ; and, III, the prognosis of the event of his illness. As perhaps this branch of medicinf depends less on the state of science, and more oi observation and natural acuteness than any other this is the part in which the ancients laboured un- der the fewest disadvantages, and approached most nearly to ourselves. They seem also to have paid particular attention to the study of it, and their wri- tings on this subject are still well worth consulting. Its necessity is insisted on by Galen and Alexander Trallianus ; and the author of the treatise De Arte, in the Hippocratic collection, seems to think the knowing the nature of a disease almost the same as curing it. There are so many anecdotes of the skill and acuteness of the ancients in diagnosis and i)rog- nosis, that it is difficult to select the most striking. That of Erasistratus is well known, who discovered that the secret disease of which Antioohus, the son of Seleucus Nicator, was dying, was in fact no- thing but his love for his stepmother Stratonice.* 1. (Mus. Borb., Vol. ti., taT. 28.)— 2. (Id., toI. xii., taT. 3.)— 3. (Tol. Tiii., taT. 20.) — 4. (Appian, De Reb. Syr., 59, r!TiKov, Praiic- tiones, in two books, of which the former is prob- ably anterior to Hippocrates, the second cannot be older than Aristotle and Praxagoras ;' 4. Uepl Xv- fiuv, De Humoribus ; 5. Xlepl Kpiaeom, De Judicati- onihus; 6. IIcpj Kptai/iav, De Diehus Judicatoriis. Aretaeus has left four valuable books Tlept AinCiv Kal liTJUEiuv 'O^eov /cat Xpovcuv HaduVy De Causis et Signis Acutorum ct Diuturnorum Morborum. Ga- len's six books, Ilepl tuv JienovBoTuv Tonav, De Lo- cis Affectis, are not unfrequently quoted by the title of AiayvQCTiKij, Diagnostica,^ and treat chiefly of this subject.' We have also various other works by Galen on the same subject. Stephanus Atheni- ensis has written a Commentary on the Prcenotiones of Hippocrates ; and these (as far as the writer is aware) are all the works of the ancients that, re- main upon this subject. SEMENTIV^ FERINE. (Vid. Feeia, p. 436.) SEMIS, SEMISSIS. (Vid. As, p. 110.) SEMPRO'NI^ LEGES, the name of various liws proposed by Tiberius and Caius Semproniua Gracchus. Agsaeia. In B.C. 133 the tribune Tib. Grac- chus revived the Agrarian law of Licinius (vid. RoGATioNEs LiciNi.a:) : he proposed that no one should possess more than 500 jugera of the public land {ne quis ex publico agro plus quam quingenta jugera possiderei'), and that the surplus land should be divided among the poor citizens, who were not to have the power of alienating it ;' he also pro- posed, as a compensation to the possessors deprived of the land on which they had frequently made im- provements, that the former possessors should have the full ownership of 500 jugera, and each of their sons, if they had any, half that quantity :' finally, that three commissioners (triumviri) should be ap- pointed every year to carry the law into effect.'" This law naturally met with the greatest opposi- tion, but was eventually passed in the year in which it was proposed, and Tib. Gracchus, C. Gracchus, and Appius Claudius vvei-e the three commissioners appointed under it. It was, however, never car- ried fully into efifect, in consequence of the mur- der of Tib. Gracchus. The other measures con- templated by Tib. Gracchus" do not require to be mentioned here, as they were never brought for- ward.' In consequence of the diiBcultias wmcit were experienced in carrying his trother's agrarian law into effect, it was again brought forward by C. (Jracchus B.C. 123.= De Capite Civium Romanordm, proposed by 0. Gracchus B.C. 123, enacted that the people only should decide respecting the caput or civil condi- tion of a citizen {nc de capite civium Romanorum in- jussu vcstro judicarelur'). This law continued in force till the latest times of the Republic. Frumentaria, proposed by C. Gracchus B.C 123, enacted that corn should he sold by the statt to the people once a month at |ths of an as for each modius {ut semisse ct triente frumenlum plebi duretur*) : Livy says semissis et triens, that is 6 bz. and 4 oz. :=10 oz., because there was ho coin to represent the dexlans (Firf. As, p. 110.) Respect- ing this law, see also Appian, Bell. Civ., i., 21. — Plut., C. Gracchus, 5. — Veil. Pat., ii., 6. — Cic, Tusc, iil., 20; Pro Sext., 48.— Schol. Bob., Pro Sext., p. 300, 303, ed. Ore'li. JtmiciARiA. {Vid. Judex, p. 553.) MiLiTARis, proposed by C. Gracchus B.C. 123, enacted that the soldiers should receive their cloth- ing gratis, and that no one should be enrolled as a soldier under the age of seventeen." Previously a fixed sum was deduotftd from the pay for all clothes and arms issued to the soldiers.' Ne quia Junicio ciecumvenieetce, proposed by C. Gracchus B.C. 123, punished all who conspired to obtain the condemnation of a person in a judi- cium publicum. One of the provisions of the lex Cornelia de Sicariis was to the same effect.' (Fti. Cornelia Lex, p. 308.) De Provinoii3 Consularibus, proposed by C. Cracchus B.C. 123, enacted that the senate should fix each year, before the comitia for electing the consuls were held, the two provinces which were to be allotted to the two new consuls." There was also a Sempronian law concerning tho province of Asia, which probably did not form part of the lex De Provinciis Consularibus, which enact- ed that the taxes of this province should be let out to farm by the censors at Rome.' This law was afterward repealed by J. Caesar.'" SEMU'NCIA. (Vid. Uncia.) SEMUNCIA'RIUM FUNUS ( Vid. Interest or Money, p. 547.) SENA'TUS. In all the republics of antiquity, the government was divided between a senate and a popular assembly ; and in cases where a king stood at the head of affairs, as at Sparta and in early Rome, the king had little more than the executive. A senate in the early times was always regarded as an assembly of elders, which is, in fact, the meaning of the Roman senatus as of the Spartan yepovaia, and its members were elected from among the nobles of the nation. The number of senators in the ancient republics always bore a distinct re- lation to the number of tribes of which the nation was composed. (Vid. Boule, Geeodsia, p. 473.) Hence, in the earliest times, when Roihe consisted of only one tribe, its senate consisted of one hun dred members (senatores or patrcs ; compare Pa- TRicii) ; and when the Sabine tribe, or thd' Titles, became united with the. Latin tribe, or the Ramnes, the number of senators was increased to two hun dred." This number was again augmented by one 1. (Comment, in Hippocr., lib. i., "Be Morb. Viilgar.," (j i, 20, torn, xviii., pt. i., p. 383.)— 2. i(Plin., II. N., vii^ 37 ; xxvi., 8.— Celt, De lied., il., 6. — Apnl., Florid., iv., p. 362.)— 3. (Vid. Chonlimt, Handb. der Biichcrkunde fur die jEltere Medecin, Leipzig, 8vOj.l841.)— 4. (Vid. LittrS's Hippocr., Introd.)— 3. (Fid. note on Tlieophr. Protospath., De Corp. Hum. Fabr., p. 186, cd. Ozan.)—6.-(Vid. Galen, ibid, init., torn, viii., p. 1.)— 7. (LiT.,.Epit., 68.)^8. (Appian, Bell. Cin., i., lOj !!7.)— 9. (Id., i.i 9, H.)-^10. (Id.,.i., 9.— Liv., ,1. c— Ve» Paterc, ii., S.^Anrel. Viot., De Vir. Dl., 64,)— 11. (Liv.,1. c, 864 1. (Coinpare.Pliit ,Tib.Graccli.,'8-14.)— 2. (Liv., Epit. Voll. Pat., ii., 6.1- Plat., C. Graoch., 5, — Florus, iii., 15, (Cic, Pro Rabir., 4 ; in Cat., iv., 5 ; in Verr., II., v., 63.— C. Giaccli.,4.)— 4. (Liv., Epit., 60.)— 5. (Plut., C.Gracch 6. (Polyb., vi., 39, i 15.) — 7. (Cic, Pro Clueut., 55, 56, (Sallust, Jug., 27.— Cic, De Prov. Cons., 2 ; Pro Domo, I (Cic. in Verr., II., iii., 6| ad Alt., i., 17.)— 10. (Dion xlii., 6. — Appian, Bel' Civ., v., 4.) — 11. (Dionyl., li., Plut., Rom., So.) ,60.- )-3. Plut., , 5.)- )-S. ».)-9, Ca»., 47.- SENATUS. SENATUS. hJndred when the third tribe, or the Luceres, be- nime incorporated with the Roman state. Dionj's- lus' and Livy' place this last event in the reign of Tafquinius Priscus ; Cicero,' who agrees witli the two historians on this point, states that Tarquinius doubled the number of senators, according to which we are obhged to suppose that before Tarquinius the senate consisted only of 150 members. This difference, however, may be accounted for by the supposition, that at the time of Tarquinius Priscus a number of seats in the senate had become va- cant, which he filled up at the same time that he added 100 Luceres to the senate, or else that Cicero regarded the Luceres, in opposition to the two oth- er tribes, as a second or a new half of the nation, nnd thus incorrectly considered their senators like- wise as the second or new half of that body. The new senators added by Tarquinius Priscus were distinguished from those belonging to the two old- er tribes by the appellation patres minorum genti- um, as previously those who represented the Titles had been distinguished by the same name from those who represented the Rzunnes.* Servius Tul- lius did not make any change in the composition of the senate ; but under Tarquinius Superbus the number of senators is said to have become very much diminished, as this tyrant put many to death, and sent others into exile. This account, howev- er, appears to be greatly exaggerated, and it is a probable siSpposition of Niebuhr,' that several va- cancies in the senate arose from many of the sen- ators accompanying the tyrant into his exile. The vacancies which had thus arisen were filled up im- mediately after the establishment of the Republic, by L. Junius Brutus, as some writers state,' or, ac- cording to Dionysius,' by Brutus and Valerius Pub- licola, and, according to Plutarch' and Festus," by Valerius Publicola alone. All, however, agree that the persons who were on this occasion made sen- ators were noble plebeians of equestrian rank. Dionysius states that the noblest of the plebeians were first raised to the rank of patricians, and that then the new senators were taken from among them. But this appears to be incompatible with the name by which they were designated. Had they been made patricians, they would have been patres like the others, whereas now the new sena- tors are said to have been distinguished from the old I nes by the name of conscripti^" Hence the luftiu^ary mode of addressing the whole senate 'Vncefo."th always was patres conscripti, that is, pa- tres et conscripti. There is a statement that the number of these new senators was 164 ;" but this, ts Niebuhr has justly remarked, is a fabrication, perhaps of Valerius of Antium, which is contradict- ed by all subsequent history. Henceforth the number of 300 senators appears to have remained unaltered for several centuries." C. Sempronius Gracchus was the first who at- tempted to make a change, but in what this con- sisted is not certain. In the epitome of Livy it is expressly stated that he intended to add 600 equi- tes to the number of 300 senators, which would have made a senate of 900 members, and would have given a great preponderance to the equites. This appears to be an absurdity. '-^ Plutarch" states that Gracchus added to the senate 300 equites, whom he was allowed to select from the whole body of equites, and that he transferred the judicia to this new senate of 600. This account seems to be founded upon a confusion of the lex Judiciaria of 1. (iii., 67.)— 2. (i.,35.)-3. (DeRepuW., ii., 20.)— 4. (Dionya., ii.,57.)— 5. (Hist, of Rome, i., 526.)— 6. (Liv.,ii., l.)-7. (v., 13.) —8. (Publ., II.)— 9. (8. V. Qji Patres.)— 10. (Liv.,ii., 1.— Festus, •. T. Conscripti and Adlecti.)— U. {Pint., Publ., 11.— Fest., s. t. Qui patres.)- 12. (Lir., Epit., 60.)— 13. (Gottliiw, Geaoh. d. nam. Slaalsv., p. 437.)— 14. (C. Gracch , 5, &c.) 5U C. Gracchus with the later one of Livius Drusus,' End all the other writers who mention the lex Ju- diciaria of C. Gracchus do not allude to any change or increase in the number of senators, but merely state that he transferred the judicia from the sen- ate to the equites, which remained in their posses- sion till the tribuneship of Livius Drusus The latter proposed that, as the senate consisted of 300, an equal number of equites should be elected (lipiff TLvSiiv) into the senate, and that 'n future the judi ces should be taken from this senate of COO.' Aftei the death of Livius Drusus, however, this law was abolished by the senate itself, on whose behalf it had been proposed, and the senate now again con- sisted of 300 members. During the civil war be- tween Marius and Sulla, many vacancies must have occurred in the senate. Sulla, in his dicta- torship, not only filled up these vacancies, but in- creased the number of senators. All we know of this increase with certainty is, that he caused about 300 of the most distinguished equites to be elected into the senate ;' but the real increzise which he made to the number of senators is not mentioned anywhere. It appears, however, hence- forth to have consisted of between five and six hundred.* J. Csesar augmented the number to 900, and raised to this dignity even common soldiers, freedmen, and peregrini.* This arbitrariness in electing unworthy persons into the senate, and of extending its number at random, was imitated af- ter the death of Caisar, for on one occasion there were more than one thousand senators.' Augus- tus cleared the senate of the unworthy members, who were contemptuously called by the people Ch ■ cini senalores, reduced its number to 600,' and oi - dained that a list of the senators should always b exhibited to public inspection.* During the firs centuries of the Empire, this number appears, o the whole, to have remained the same ; but, as ev erything depended upon the will of the emperor, we can scarcely expect to find a regular and fixed number of them.' During the latter period of the Empire their number was again very much dimin- ished. With respect to the eligibility of persons for the senate, as well as to the manner in which they were elected, we must distinguish between the sev- eral periods of Roman history. It was formerly a common opinion, founded upon Livy'" and Festus," which has in modern times found new supporters in Huschke and Rubino, that in the early period of Roman history the kings appointed the members of the senate at their own discretion. It has, how- ever, been shown by Niebuhr and others, with' in- controvertible arguments, that the popiilus of Rome was the real sovereign ; that all the powers which the kings possessed were delegated tot them by the populus ; and that the senate was an assembly formed on the principle of representation : it rep- resented the populus, and its members were elect- ed by the populus. Dionysius' = is therefore right in stating that the senators were elected by the populus, but the manner in which he descril)es the election is erroneous, for he believes that the three tribes were already united when the senate con- sisted of only one hundred members, and that the senators were elected by the curies. Niebuhr" thinks that each gens sent its decurio, who was its alderman, to represent it in the senate ; Gottling," on the other hand, believes, with somewhat more 1. (Walter, Gesch. d. Riliii. Rechts, p. 244.)— 2. (Appian, Civ. il., i., 35.— Aurel. Vict., De Vir. Ulastr., 66— Liv., Bpit., 71.)— 31 (Appian, Civil., i., lOU.)— 4. (Cic. ad Att., i., 14.)-5. (Dion Cass., xliii., 47.— Saet., Jul., 80.)— 6. (Suet., Octav., 35.)— T. (Dion Cass., liv., 14.)— 8. (Id., Iv., 3.)— 9. (Dion Caas., liii., 17.) —10. (i., 8.)— 11. (s. V. Pretenti senatores. )— 12. (ii., 14.^—11, (i , p. 338.)— 14. (p. 151.— Compare p. «.) SENATb'S. SENATtjS. probability, that each decury (the SeKOQ of Dionysr ius), which ijontained either a part of one or parts of several smaller gentes, had to appoint one old man by whom it weis represented in the senate, and a younger one as eques. . This supposition re- moves the difficulty, respecting the decurio which has been pointed out by Walter ;' for the decurio was the commander of a division of the army, and, as such, could not well have been of the age of a senator. As each decury or gens appointed one senator, each cury was represented by ten, each iribe by one hundred, and the whole populus by three hundred senators, all of whom held their dig- nity for life. The plebeians, as such, were not rep- resented in the senate, for the instances in which plebeians are mentioned as being made senators, as in the reign of Tarquinius Priscus, and after the abolition of the kingly power, cannot be regarded in any other light than mere momentary measures, which the government was obliged to adopt for several reasons, and without any intention to ap- point representatives of the plebes.' The iiumbers of such plebeian senators, at any rate, xsxisi have Been much smaller than they are stated by our au- thorities, for there is no instance of any plebeian senator on record until the year 439 B.C., when Spurius Mffilius is mentioned as senator. The senate ; itself appears to have had some mfluence upon the election of new members, inasn^ach as it might raise objections against a person elected.' The whole senate was divided into decuries, each of which corresponded to a curia. When the sen- ate consisted of only, one hundred members, there were, accordingly, only ten decuries of senators ; and ten senators,, one being taken from each decu- ry, formed the decern primi who represented the ten uries. When, subsequently, the representatives f the two other tribes were admitted into the sen- te, the Ramnes, with their decern primi, retained for a time their superiority over the two other tribes,* and gave their votes first.' The first among the decern primi was the princeps senatus, who was appointed by the king,* and was, at the same time, custos urbis. (^Vid. Pr^fectus Urbi.) Respect- ing the age at which a person might be elected into the senate during the kingly period, we know no more than what is indicated by the name sena- tor itself, that is, that they were persons of advan- ced age. It can scarcely be in[iagined that, immediately af- ter the establishment of the Repubhc, the election of senators should at once have passed from the de- curies or gentes into the hands of the magistrates, and we must therefore suppose that, at least for a time, the senators were appointed by the gentes, decuries, or perhaps by the curies. Afterward, however,, the right to appoint senators belonged to the consuls, consular tribunes^ and subsequently to the censors.' This fact has been alleged in sup- port of the opinion that formerly the kings had the same privilege, especially as it is stated that the republican magistrates elected their personal friends to the senatorial dignity {conjunctissimos sibi quis- gue patriciorum legebant) ; but this statement is, as Niebuhr justly remarks, founded upon a total igno- rance of, the nature of the Roman senate. It should not be forgotten that.. the power of electing senators possessed by the republican magistrates was by no means an arbitrary power, for the sena- tors were always, taken from among those who were equites, or whom the people had previously 1. (Geach. des H5m. Eeohts, p. 23, n. 12.)— 2. (Niebuhr, i., p. 526, &c.)— 3. (Dionya., Tii.j 55.) — i. (Dionya., ii., 68 ; iii., 1. —Plut., jfum., 3 )^5. (Dionys., vi., 84.)— 6. (Dionys., ii., 12.— Lyd., De Mens., l,, 19.)- -7. (L'V., ii., 1.— Festus, s; t. Prateriti ■enat^res.) s6r> invested with a magistracy, so that, u 'eajty, tl people themselves always nominated Um candidati for the senate, which on this account ri^mained, i hefore, a representative assembly. From the yes 487 B.C., the princeps .senatus was no longer a] pointed for life, but became a magistrate appointe by the curies, and the patres minorum gentiui were likewise eligible to this dignity.' It men over appears that all the curule magistrates, an also the quasstors, had, by virtue of their office, seat in the senate, which they retained after th year of their office was ov6r, and it was from thes ex-magistrates that the vacancies occurring in th senate were generally filled up. After the institution of the censorship, the cer sors alone had the right to elect new members int the senate from among the ex-magistrates, and t exclude such as they .deemed unworthy.^ (pa NoTA Cewsoeia.) The exclusion was effected b; simply passing over the names and not enterinj them into the list of senators, whence such, mei were called preeteriti senator es." On one extraordi nary occasion the eldest among the ex-censor was invested with dictatorial power to elect ne\ members into the senate.* The censors . wer thus, oil the one hand, confined in their election to such persons as had already received the confi dence of the people, and, on the other, they wer expressly directed by the lex Ovinia tribunicia t elect " ex omni ordine optimum quemque curiatim." Thia obscure lex Ovinia is referred by Niebuhr' t the admission of the conscripti into the senate, bu it evidently belongs to a much later period, am was meant to be a guidance to the censors, as h himself afterward acknowledged.' The or do men tioned in this lex is the ordo senatorius, i. e,, me; who were eligible to the senate from the offic they had held.' The expression curiatim is yer difficult to explain ; some believe that it refers t the fact that the new senators were only appointee with the sanction of the senate itself,' and in th presence of the lictors, who represented the curies From the time that the eurule magistrates hai the right to take their seats in the senate, we mus distinguish between two classes of senators, viz real senators, or such as had been regularly raise to their dignity by the magistrates or the censors and isuch as had, by virtue of the office which the; held or had held, a right to take their seats in th senate and to speak (sententiam dicere, jus sententite] but not to vote." To this ordo senatorius also be longed the pontifex maximus and the flamen dialis The whole of these senators had, as we have sta ted, no right to vote, but when the others hai voted they might step over to join the one or th other party, whence they were called senatwes pe darii, an appellation which had in former times beei applied to those juniores who were not consulars.' A singular irregularity in electing members of th( senate was committed by Appius Claudius Ceecus who elected into the senate sons of freedmen ;'= bu this conduct was declared illegal, and had no fin ther consequences. When, at length, all the staia offices had becomi equally accessible to the plebeians and the patri cians, and when the majority of offices were heli by the former, their number in the senate naturalli increased in proportion. The senate had graduaU} become an assembly representing, the people, ai formeriy it .had represented the populus, and dowi 1. (Niebuhr, ii.,p. 119.)— 2. (Zon.,vii., 19.— Compare Cic.,Di Legg-., iii., 12.)— 3. (Fest., s. v.)— 4. (Liv., xxiii., 22.)— 5. (Feat. 1.0.)— 6. (i., p. 527.)— 7. (ii., p. 408 ,n^ 855.— Compare Walfei p. 100, n. 68.)— 8. (Liv., ixii., 49.)— 9. (Dionya., vii., 55.— Co, Philipp., v., 17.)— It). (Gell., iii., IB.— Feat., a. v. Senatores.)- 11. (Gell., 1. c. — Compare. Niebuhi. ii., p. 114.— Walter, p. 1.44 —12. (Liv., ix., 29, 46.— Aur. Vict.', De Viv, Illustr 34 > SENATtJS. SENATDS. tc tlie last century "of the Republic the senatorial dignity was only regarded as one conferred by the people.' But, notwithstanding this apparently pop- ular character of the senate, it was never a popular or democratic assembly, for now its members be- longed to the nobiles, wlio were as aristocratic as the patricians. (Kid. Novi Homines.) The office of princeps senatus, which had become independent of that of praetor urbanus, was now given by the censors, and at first always to the eldest amotg the ex-censors, but afterward to any other senator whom they thought most worthy, and, unles.5 there was any charge to be made against him, he was re-elected at the next lustrum. This distinction, however, great as it was, afforded neither power nor advantages,^ and did not even confer the privi- lege of presiding at the meetings of the senate, which only belonged to those magistrates who had the right to convoke the senate.* It has been supposed by Niebuhr" that a senato- rial census existed at Rome at the commencement of the second Punic war, but the words of Livy' on which this supposition is founded seem to be too vague to admit of such an inference. Gottling' in- fers from Cicero' that Caesar was the first who in- stituted a senatorial census, but the passage of Cicero is still more inconclusive than that of Livy, and we may safely take it for granted that during the whole of the republican period no such census existed,' although senators naturally always be- longed to the wealthiest classes. The institution of a census for senators belongs altogether to the time of the Empire. Augustus first fixed it at 400,000 sesterces, afterward increased it to double this sum, and at last even to 1,200,000 sesterces. Those senators whose property did not amount to this sum, received grants from the emperor to make it up.'" Subsequently it seems to have become cus- tomary to remove from the senate those who had lost their property through their own prodigality and vices, if they did not quit it of their own ac- cord." Augustus also, after having cleared the senate of unworthy members, introduced a new and reanimating element into it, by admitting men from the municipia, the colonies, and even from the provinces." When an inhabitant of a province was honoured in this manner, the province was said to receive the jus senatus. Provincials who were made senators, of course, went to reside at Rome, and, with the exception of such as belonged to Sici- ly or to Gallia Narbonensis, they were not allowed to visit their native countries without a special per- mission of the emperor.'^ In order to make Rome or Italy their new home, the provincial candidates for the senate were subsequently always expected to acquire landed property in Italy.'* On the whole, however, the equites remained during the first cen- turies of the Empire the seminarium senatus, which they had also been in the latter period of the Re- public. As regards, the age at which a person might be- come a senator, we have no express statement for the time of the Republic, although it appears to have been fixed by some custom or law, as the ffitas senatoria is frequently mentioned; especially during the latter period of the Republic. But we may by induction discover the probable age. We know that, according to the lex annalis of the trib- une Villius, the age fixed for the quaestorship was .■il-(Cio., Pro Sext., 65 ; De Legg., iii., 12 ; o. Von-., II., iv., 11 i Pro Cluent., 56.)— 2. (Liv., xxvii., 11.)— 3. (Zonar., vii., I9.J— 4. (Gell., xiT., 7.^Cio., De Legg., iii., 4.) — 5. (iii., p. 408.)- 6. (xxiv., 11.)— 7. (p. 316.)— 8. (ad Pam., xiii., 5.)— 9. (Plin.; H.N.,xiv., 1,)— 10. (Suet., Octav., 41.— Dion Cass., liv., 17,26, 30; Iv., 13.) — 11. (Tacit., Annal., ii., 48 ; xii., 52.— Suet., Tib., 47.)— 12. (Tacit., Annal., iii;, 55; xi., 25.— Suet., Vesp,, 9.)— 13. (Tacit.,Aimal.,xii.,a3— Dioft Cass., Iii., 4S; Ix., 25.)— 14. (Plin.jEpist ,vi., 19.) thirty-or.e.' Now as it-might happen t.iat s. quaes- tor was made a senator immediately after the expi- ration of his ofiice, we may presume that the earli- est age at which a man could become a senator was thirty-two. Augustus at last fixed the sena- torial age at twenty-five," which appears to have remained unaltered throughout the time of the Empire. No senator was allowed to carry on any mercan tile business. About the commencement of the second Punic war, some senators appear to have violated this law or custom, and, in order to pre- vent its recurrence, a law was passedy with the ve- hement opposition of the senate, that none of its members shoiild: be permitted to possess a ship of more than 300 ainphorse^in tonnage, as this was thought sufficiently large to convey to Rome the produce of their estates abroad." It is clear, how ever, from Cicero,* that this law was frequently vi- olated. Regular meetings of the senate {senatus legitiikus) took place during the Republic, and probably during the kingly period also,' on- the calends, nones, and ides of every month.-' extraordinary meetings {sen- atus imdictus) might be convoked on any other day, with the exception of those which were atri, and tjiose on which comitia were held.* The right of convoking the senate during the kingly period be- longed to the king, or to his vicegerent, the eustos urbis.' {Vid. PR.«iFECTUs Urbi.) This right was during the Republic transferred to the curule ma- gistrates, and at last to the tribunes also. Under the Empire, the consuls, praetors, and tribunes con- tinued to enjoy the same privilege,' although the emperors had the same.' If a senator did not ap- pear on a day of meeting, he was liable to a lina, fo: which a pledge was taken (jiignoris captio) until il was paid.'" Under the Empire, the penalty for no' appearing without sufficient reason was increased." Towards the end of the Republic it was decreed that, during the whole month of February, the sen- ate should give audience to foreign ambassadors on all days on which the senate could lawfully meet, and that no (jther matters should be discussed until these affairs were settled.'" The places where the meetings of the senate were held {curice, senacula) were always inaugu- rated by the augurs. (Kjii. Templum.) The most ancient place was the Curia Hostilia, in which alone, originally, a senatus consultum could be made. Afterward, however, several temples were used for this purpose, such as the Temple of Concordia, a place near the Temple of Bellona {vid. Leoatus), and one near the Porta Capena.'" Under the em- perors the senate also met in other places : under Caesar, the Curia Julia, abnUding of immense splen- dour, was commenced ; but subsequently meetings of the senate were not seldom held in the house of a consul. When, in the earliest times, the king or the eustos urbis, after consulting the pleasure of the gods by auspices, had convoked the senate {senatum edicere, convocare), he opened the session with the words " Quod bonum, faustum, felix fortunaiumque sit pop- ulo Romano Quiritibus," and then laid before the as- sembly (referre, relatio) what he had to propose. The president then called upon the members to dis- cuss the matter, and when the discussion was over, 1. (Orelli, Onom., iii., p. 133.)— 2. (Dion Ciss., Iii., 20.)— 3. (Liv., xxi., 63.)-r4. (0. Ven., 11., v., 18.)- 5. (Cic. ad Q. Frat., ii., 13.)— 6. (Cic. ad Q. Frat., ii., 2.) — 7. (Dionys., i!., 8.)— 8. (Dion Cass:, Ivi., 47 ; Iii., 24.— Tacit., Hist,, iv., 39.)— 9. (Dion Cass., liii., 1 ; liv., 3.)— 10. (Gell., xiv., 7.— Liv., iii., 28.— Cic.,- De Legg., iii., 4. — Philip., i., 5.— Plut., Cic, 43.)— 11. (Dion- Cassi, liv., 18 ; Iv., 3 ; Ix., 11.) — 12. (Cic. ad Q. Frat., ii., 13 ; iad Fam., ]., 4.) — 13. (Fest., s, v. Senacula. — Varro, De LiBff Lat., iv., p. 43, ed. Bip.) 867 SENATUS. SENArUS every member gave his vote. The majority of votes always decided a question. The majority was ascertained either by numeratio or by discessio, that is, the president either counted thevotes,' or the men who voted on the same side joined togeth- er, and thus separated from those who voted other- wise. This latter method of voting appears in later times to have been the usual one, and, according to Capito," the only legitimate method. {Vid. Sen- ATUS CoNSDLTnM.) The subjects laid before the senate partly be- longed to the internal affairs of the state, partly to legislation, and partly to the finance ; and no meas- ure could be brought before the populus without hSving previously been discussed and prepared by the senate. The senate was thus the medium through which all affairs of the whole government had to pass ; it considered and discussed whatever measures the king thought proper to introduce, and had, on the other hand, a perfect control over the assembly of the populus, which could only accept or reject what the senate brought before it. When a king died, the royal dignity, until a successor was elected, was transferred to the decem primi,' each of whom, in rotation, held this dignity for five days. The candidate for the royal power was first de- cided upon by the interreges, who then proposed him to the whole senate, and, if the senate agreed with the election, the inteirex of the day, at the command of the senate, proposed the candidate to the comitia, and took their, votes respecting him.' The will of the gods was then ooiisulted by the au- gurs, and when the gods too sanctioned the elec- tion,' a second meeting of the populus was held, in which the augurs announced the sanction of the gods. Hereupon the king was invested with the powers belonging to his office. Under the Republic, the right of convoking the senate was at first only possessed by the dictators, praetors, or consuls, interreges, and the prsefectus urbi, who also, like the kings of former times, laid before the senate the subjects for deliberation. The power of the senate was at first the same as under the kings, if not greater : it had the general care of the public welfare, the superintendence of all matters of religion, the management of all af- fairs with foreign nations ; it commanded the levies of troops, regulated the taxes and duties, and had, in short, the supreme control of all the revenue and expenditure. The order in which the sena- tors spoke and voted was determined by their rank as belonging to the majores or minores.' This distinction of rank, however, appears to have ceas- ed after the decemvirate, and even under the de- cemvirate we have instances of tiie senators speak- ing without any regular order.' It is also probable that after the decemvirate vacancies in the senate were generally filled with ex-magistrates, which had now become more practicable, as the number of magistrates had been increased. The tribunes of the people likewise obtained access to the delib- erations of the senate ;' but they had no seats in it yet, but sat before the opened doors of the curia." The senate had at first had the right to propose to the comitia the candidates for magistracies, but this right was now lost : the comitia centuriata hai become quite free in regard to elections, and were tio longer dependant upon the proposal of the sena".e. The curies only still possessed the right to sanction the election; but in the year B.C. 299 .hey were compelled to sanction any election of ■ 1. (Fest., s. V. Numera.)— 2. (ap. Gell., xiv., 7.)— 3. (Liv., i., 17.)— 4. (Dioiiys., ii., 58 ; iii., 36 ; iv., 40, 80.— Compare Wal- ter, p. 25, n. 28.)— 5. (Liv., i.,-I8.)— 6. (Cic, Do Hepnbl., ii., 20— Dionys., vi., 69 ; vii., 47.)— 7. (Dionys., vi., 4, 10, 19, SI.— Liv, ii , 39, 41.)— 8. (Liv., iii., 69; vi., 1.)— 9. (Val. Max., ii., 8, » f.) HPt magistrates which the comitia might make, befoif it took place,' and this soon after became law bj the lex Maenia." When, at last, the curies no longei assembled for this empty show of power, the sen- ate stepped into their place, and henceforth in elec- tions, and goon after, also, in matters of legislation, the senate had previously to sanction whatever the comitia might decide.' After the lex Hoitensia, a decree of the comitia tributa became law even without the sanction of the senate. The original state of things had thus gradually become reversed, and the senate had lost very important branches ol its power, which had all been gained by the comi tia tributa. {Vid. Tribunhs Plebis.) In its rela- tion to the comitia centuriata, however, the ancient rules were still in force, as laws, declarations of war, conclusions of peace, treaties, &c., were brought before them, and decided by them on the proposal of the senate.* The powers of the senate, after both orders were placed upon a perfect equality, may be thus briefly summed up. The senate continued to have the supreme superintendence in all matters of rehgion ;' it determined upon the manner in which a war was to be conducted, what legions were to be placed at the disposal of a commander, and whether new ones were to be levied ; it decreed into what prov- inces the consuls and praetors were to be sent (,vid. Provincia), and whose imperium was to be pro- longed. The commissioners who were generally sent out to settle the administration of a newly-con- quered country were always appointed by the sen- ate.' All embassies for the conclusion of peace or treaties with foreign states were sent out by the senate, and such ambassadors were generally sena- tors themselves, and ten in number.' The senate alone carried on the negotiations with foreign am- bassadors,' and received the. complaints of subject or allied nations, who always regarded the senate as their common protector. ° By virtue of this office of protector, it also settled all disputes which might arise among the municipia and colonies of Italy,'" and punished all heavy crimes committed in Italy which might endanger the public peace and securi- ty." Even in Rome itself, the judices, to whom the praetor referred important cases, both public and private, were taken from among the senators,'' and in extraordinary cases the senate appointed especial commissions to investigate them ;" but such a commission, if the case in question was a capital offence committed by a citizen, required the sanc- tion of the people.'* When the Republic was in danger, the senate might confer unlimited power upon the magistrates by the formula " videant con- sules, ne quid respublica dei,inienti capiat,"^' which was equivalent to a declaration of martial law within the city. This general care for the internal and external welfare of the Republic included, as before, the right to dispose over the finances requisite for these purposes. Hence all the revenue and expendi- ture of the Republic were under the direct admin- istration of the senate, and the censors and quaes- tors were only its ministers or agents. ( Vid. Cen- sor, Qu^sTOR.) All the expenses necessary for the maintenance of the armies required the sanc- tion of the senate before anything could be done, and it might even prevent the triumph of a return- 1. (Cic. Brut., 14. — Aurel. Vict., De Vir. Ulustr., 33.)— 2. (Orelli, Oiiom., iii., p. 215.)— 3. (Liv., i., 17.)— 4. (Walter, p. 132.)- 5. (Gellius, xiv., 7.)— 6. (Liv.,.v]v., 17.— Appian, De Reb. Hisp., 99; De Reb. Pun „ 135. — Sail., Jug., 16.)— 7. (Polyb., vi., 13. — Liv., passim.)— 8. (Polyb., I. c. — Cic. in Vatin., c. Ifi.) —9. (Liv., jxix., 16 ; xxxjx., 3 ; ilii., 14 ; xliii., 2.— Polvb., 1. c.) — la (Dionys., ii., 1.— Liv., ii., 20.- Varro, De Re Sust., iii., 2.— Cic. ad Alt., iv., 15; De Off., i., 10.) — 11. (Polyb, 1. o.)— 12. (Id., vi., 17.) — 13. (Liv., xxxviii., 54; xixix., 14 ; xl., 37 44,&o.)— 14. (Polyb.,vi.,16.— Liv.,xxvi.,33,&o.)— 15 ;Salln« Cat., 29 — Cass. De Bell. Civ., i., 5, 7.) M^NATUS. tsii]NATUS. ing general, by refusing to assigi. the money neces- sary for it.' There are, howevsr, instances of a general triumphing without the consent of the sen- ate." How many members were required to be present in order to constitute a full assembly is uncertain, though it appears that there existed some regula- tions on this point,' and there is one instance on record in which at least one hundred senators were required to be present.* The presiding magistrate opened the business, and as the senators sat in the following order, princeps senatus, consiilares, cen- sorii, praetorii, aedilicii, tribunicii, quaestorii, it is natural to suppose that they were asked their opin- ion and voted in the same manner {suo loco sen- tenliam dicere^). Towards the end of the Republic, the order in which the question was put to the senators appears to have depended upon the dis- cretion of the presiding consul,' who called upon each member by pronouncing his name {nomina- tini') ; but he usually began with the princeps sena- tus," or, if consules designati were present, with them.' The consul generally observed all the year round the same order in which he had com- menced on the first of January.'" A senator, when called upon to speak, might do so at full length, and even introduce subjects not directly connected with the point at issue." It depended upon the presi- dent which of the opinions expressed he would put to the vote, and which he would pass over.'" Those men who were not yet real senators, but had only a seat in the senate on account of the office they held or had held, had no right to vote, but merely stepped over to the party they wished to join, and they were now called senalores pedarii.^' When a senatus consultum was passed, the consuls ordered it to be written down by a clerk in the presence of some senators, especially of those who had been most interested in it or most active in bringing it about.'* (Kid. Sen ATns Consultum.) Asenatewas aot allowed to be held before sunrise, or to be pro- longed after sunset :" on extraordinary emergen- cies, however, this regulation was set aside." During the latter part of the Republic the senate was degraded in various ways by Sulla, Caesar, and others, and on many occasions it was only an in- strument in the hands of the men in power. In this way it became prepared for the despotic gov- ernment of the emperors, when it was altogether the creature and obedient instrument of the prin- ceps. The emperor himself was generally also princeps senatus," and had the power of convoking both ordinary and extraordinary meetings," al- though the consuls, praetors, and tribunes continued to have the same right." The ordinary meetings, according to a regulation of Augustus, were held twice in every month."" A full assembly required the presence of at least 400 members, but Augustus himself afterward modified this rule according to the difference and importance of the subjects which might be brought under discussion."' At a later peri- od we find that seventy, or even fewer, senators con- stituted an assembly."" The regular nresident in the 1. (Polyb., vi., 15.) —2. (Liv., iii., 63 ; vii., 17 ; ix., 37.) — 3. {Liv., xxxviil., 44 ; sxxix., 4. — Cic. ad Fam., viii., 5. — Festus, s. V. Numera.) — 4. (Liv., xxxix.. 18.) — 5. {Cic, Philip., v., 17; xii- , 13, &.C. ; ad Alt., xii., 21.) — 6. (VaiTO ap. Cell,, xiv., 7.) —7. (Cic, c. Verr., iv , 64.)— 8. (Cic, Pro Sext., 32.)— 9. (Sal- lu«t, Cat., 50.— Appiai;, De Bell. Civ., ii., 5.)— 10. (Saet., Cais., 81,)— 11. (Cic, l)e Legg., iii., 18. — Gell., iv., 10.— Tacit.; Aji- nai., i-..38; xiii., 49.— Compare Cic, Philip., vii.) — 12. (Polyb., xxxiii., 1.— Cic. ad Fam., i., 2; x.. 12. — Cses., De Bell. Civ.,'i:, 3)- 13. (Gell, xiii.,8.) — 14. (Polyb., vi., 12.— Cic, De Orat., iii., 2, ad Fam., vili., 8.) — 15. (Varro ap. (Jell,, 1. c) — 16. (Oionjis., iii., 17 — Macrob , Sat., i., 4.) — 17. (Dion Cass,, liii., 1 ; Ivii., 8 ; Ixxiii , 5.) — 18. (Dion Cass., liv., 3. — Lex De Im- |«rio Vespas.)— 19 (Tacit., Hist., iv., 39.— Dion Cass., Ivi., 47 ; lix., 24 ; Ix., 16, &c )— 20. (Suet., Octav., 35.— Dion Cass., Iv., >.)— 21 (DionCass., Uv.,35:lv., 3.)— 22. (Lamprid., Alex. Sev., «0 assembly was a consul, or the emperor himself, if he was invested with the consulship.' At extraor- dinary meetings, he who convoked the senate waa at the same time its president. The emperor, how- ever, even when he did not preside, had, by virtue of his office of tribune, the right to introduce any subject for discussion, and to make the senate de- cide upon it." At a later period this right was ex pressly and in proper form conferred upon the em peror, under the name of ;ms relationis ; and, accord- . ingly, as he obtained the right to introduce three oi more subjects, the jus was called ;ms tertiiB, quarla, qnintm, ilj-c, relationis.' The emperor introduced his proposals to the senate by writing (oratio, libel- lus, epistoh principis), which was read in the senate by one of his qusestors.* (Vid. Obationes Prin- cipuM.) The praetors, that they might not be in ferior to the tribunes, hlcewise received the jus re- lationis.' The mode of conducting the business, and the order in which the senators were called upon to vote, remained, on the whole, the same as under the Republic ;' but when magistrates were to be elected, the senate, as in former times the comitia, gave their votes in secret with little tab- lets.' The transactions of the senate were, from the time of Caesar, registered by clerks appointed for the purpose, under the superintendence of a senator.' In cases which required secrecy {sena- tus consultum taciturn), the senators themselves offi- ciated as clerks.' As the Roman emperor concentrated in his own person all the powers which had formerly been pos- sessed by the several magistrates, and without limitation or responsibility, it is clear that the sen- ate, in its administrative powers, was dejiendant upon the emperor, who might avail himself of its counsels or not, just as he pleased. In the reign of Tiberius, the election of magistrates was trans ■ ferred from the people to the seriate," which, how- ever, was enjoined to take especial notice of those candidates who were recommended to it by the em- peror. This regulation remained, with a short in- terruption in the reign of Caligula, down to the third century, when we find that the princeps alone exercised the right of appointing magistrates." At the demise of an emperor, the senate had the right to appoint his successor, in case no one had been nominated by the emperor himself; but the senate had in very rare cases an opportunity to exercise this right, as it was usurped by the soldiers. The aerarium, at first, still continued nominally to be underthe control of the senate,'" but the emperors gradually took it under their own exclusive man- agement,'" and the senate retained nothing but the administration of the funds of the city {area puUica), which were distinct both from the aerarium and from the fiscus," and the right of giving its opinion upon cases connected with the fiscal law." Its- right of coining money was limited by Augustus to copper coins, and ceased altogether in the reign of Gallienus." Augustus ordained that no accusations should any longer be brought before the comitia," and instead of them he raised the senate to a high court of justice, upon which he conferred the right of taking cognizance of capital offences committed 1. (Plin., Epist., ii., 11.— Panegyr.,76.)— 2. (Dion Cass., liii., 32.— Lex De Imperio Vespas.)— 3. ( Vopisc, Prob., 12. — J. Capit., Pert., 5.— M. Antonin., 6. — Lamprid., Alex. Sev., 1.)— 4. (Dion Cass., liv., 25 ; Ix., 2.— Suet., Octav,, 65 -, Tit., 6.— Tacit., Annal., xvi., 27.— Dig. 1, tit. 13, s. 1, 5 2 and 4.)— 5. (Dion Cass., Iv., 3.) — 6. (Plin., Epist., viii., 14; ix., 13).— 7. (Id. ib., iii., 20 ; xi., 5.)— 8. (Suet., Ca!s., 29,— Octav., 36.— Tacit., Annal., v., 4, Marcell., xxviii., 1, 23. — Symmach., Epist., iv., 5.— ZosiM., t , 11, 38.)— 11, (Walter, p. 367, dec.)— 12. (Cod i'- •■•,24,4,3.— Symmaoll.,Epist.,x., 69.)— 13. (Cod. '^''^ — ' ,„. 2, 8. 2; xii., tit. 1, s. 58.^Cassiod., Variar., iii., .,—14. (Cod. Theod., 1. c — Symmach., Epist., x., 25, 118.) — 15. (Symmach., Epist., x., 25, 28.) — 16. (Cod. Theod., vi., tit. 2, s. 5.)— 17. (Zosim^ v., 41. — Symnjach.,Ep., vi., 14, 26 | vii., 68.)— 18. (^osirn., ii., 32.-^Coa. Theod., vi., lit., 3.— Symmach., Ess.', iv., 61.) — 19. (Cod. Theod., vi., tit. 2, s.,2 ; vi., tit. 4, .i 21.)— 20. (Symm., Ep., X., 66, 84.)— 12. (Pro Clnent., 84.)— 13. (H. N., xxxvi., 28, s 44.)— 14 (Plin., H. N., xxxvi., 6, ». 9. SERTA. SERVITtJTES. phyry, lapis-laiuli. and amethyst. {Vid. Mola, Pa- BIES.) The saw is an instrument of high antiquity, its invention being attributed either to Daedalus' or to his nephew Perdix" {vid. CiEciNns), also called Ta- los, who, having found the jaw of a serpent, and di- vided a piece of wood with it, was led to imitate the teeth in iron." In a bas-relief published by Winck- elmann,* Daedalus is represented holding a saw ap- proaching very closely in form to the Egyptian saw above delineated. SERTA, used only in the plu/al (are/i/ia, aTeavoir^6KOi ), who endeavoured to combine all ' the most beautiful variety of leaves, of flowers, and of fruits, so as to blend their forms, colours, and scents' in the most agreeable manner. The annex- ed woodcut, taken from a sarcophagus at Rome,' shows a festoon adapted to be suspended by means of the fillets at both ends. Its extremities are skil- fidly encased in acanthus-leaves : its body consists apparently of laurel or bay, tofcetiier with a profusion of fruits, such as apples, pears, pumegranates, bunch- es of grapes, and fir- cones. At Athens there was a :narket, called aTe(pavon7\,dtiLov, for the manufacture and sale of this class of productions, the work being principally performed by women and girls.' When a priest was preparing a sacrifice, he often appeared with a festoon intended to be placed on the door of the temple (festa fronde,^ variis sertis^"), on the front of the altar" (vid. Aea, p. 77, 78), or upon the head of the victim. Thus, in the Iliad,' ^ Chryses, besides the gilded sceptre which denoted his office and authority (vid. Sceptrum), carries a garland in honour of Apollo, which was fcobaWj wound about the sceptre.' The act here described is seen in the annexed woodcut, which is taken from a has relief in the collection of antiques at Ince- Blundell, and represents a priestess carrying in her two hands a festoon to suspend upon the circular temple which is seen in the distance. As the fes- toons remained on the temples long after tbe.r fresh- ness had departed, they became very eombuslilile. The Temple of Juno at Argos was destroyed in consequence of their being set on fire.-* The gar- lands on funereal monuments hung there for a year, and were then renewed." The funeral pile was also decorated in a similar manner, but with an ap- propriate choice of plants andflowers.' {Vid. Fhnus, p. 458, 460.) Festoons were placed upon the doorposts of pri- vate houses in token of joy and affection' {vid. Janua, p. 527), more especially on occasion of a wedding.' They were hung about a palace in com- pliment to the wealthy possessor {insertabo coronis e.tria'), and on occasions of general rejoicing ; the streets of a city were sometimes enlivened with these splendid and tasteful decorations.' The smaller garlands or crowns, which were worn by persons on the head or round the neck, are sometimes called serta.' The fashion of wear- ing such garlands suspended from the neck was adopted by the early Christians." SERVILIA LEX. {Vid. Lex, p. 586.) SERVIA'NA ACTIO. {Vid. Pignus, p. 776.) SE'R VITUS. {Vid. Servus, Roman.) SERVITU'TES are considered by the Roman law as parts of ownership, which are opposed to ownership as the totality of all those rights wh.i3h are included in the term ownership. The owner of a thing can use it in all ways consistent with hi ownership, and he can prevent others from using i in any way that is inconsistent with his full enjt> ment of it as owner. If the owner's power ovef the thing is limited either way, that is, if his enjoy ment of it is subject to the condition of not doing certain acts in order that some other person maj have the benefit of such forbearance, or to the con- dition of allowing others to do certain acts, which limit his complete enjoyment of a thing, the thing is said " servire," to be subject to a " senitus." Hence when a thing was sold as " optima maxima," this was legally understood to mean that it was war ranted free from servitutes." Servitutes are alsc expressed by the terms "jura" and "jura in re,' and these terms are opposed to dominium or com plete ownership. He who exercises a servitus therefore, has not the animus domini, not even -,j the case of ususfructus, for the ususfructuarius ii never recognised as owner in the Roman law. Ths technical word for ownership, when the ususlrccfu* is deducted from it, is proprietas. A man can only have a right to a servitui ir. an- other person's property : the notion of the term has no direct relation to his own property. Albo, a ser- vitus can only be in a corporeal ih'.ng. Viewed with respect to the owner of the tiling, a servitus either consists in his being restrained from doing certain acts to his property, which otherwise he might do {servitus qua innon fi.eie7ido consistit; Ser, Vitus negaliva), or it consists in his being bound to allow some other pc-sovi to do something to the property, which sued jieison might otherwise bo prevented from doing (sivvilus qua in paticndo con- 1. (Pliii.,II. N., -vii., S«.— Sen., Epist., 90.)— 2. (Hygin., Fab., 271._Oviil, Met., viii., 246.)— 3. (DioU. Sic, iv., 76.— Apollod., iii., 15.)-4. (Mnn. Iiied., ii., (is. 94.)— 5. (Theophr., H. P., yi., 8, « 1.— Plin., II. N., ixi., 2, s. 3.) — 6. (Virg., Copa, 14, 35.)— T. (Milliu, Gal. Myth., ii., 100.) — 8. (Aristoph., Thesm., 46S.) —9. (Vir»-., jEn., ii., 249.)— 10. (Id.ib., iv., 202.— Juv., xii., 84. - lucan,°ii.,354.)— 11. (Virs., JEa., i., il7 i—l2. (i., 14, 28.) 1. I.Vid. also Aris'jpli., Av., 894.— Pax, 948.— Callim., Hymn, in Cor., 45.)— 2. 'Th..pyil., i'-. 133, 4 2. — Paus., ii., 17, I) 7.)— 3: (Tibull.. ii.. 4, 48 ; 7, 32.— Propert., iii., 16, 23.)— 4. (Virg.. jEn., iv., 50e.)— S. (Tiliull., i., 2, 14.)— 0. (Lucan, ii., 354.)— 7 (Prudent, in Stinm.,ii., 726.)— 8. (Mart;, vi., 79, 8.)— 9. (Tiuull., i., 7, 5!> )— 10. (Min. Felix, 38.)— 11. (Dig. 50, tit. 16, B. 90, 169 — Coiinare Cic, De Leg. Agr., iii., 2.) 877 SERVrrUTES SERVlrUTES. nsM Sermlus rfirmoMva). A servitus never con- sists in the owner of the servient property teing obliged to do any act to his property, though he may be obliged to do acts which are necessary to- wards the enjoyment of the servitus.' There were two classes of servitutes. Either they had for their subject a definite person, who could exercise the right, in which case they were called personal, personarum ; or they had for their subject another piece of property, or a house, or land, and the person who exercised the servitus ex- ercised it in respect of his right to the house or land which was its subject. Servitutes of the lattei' kind were called praedial, servitutes prsediorum or rerum, or jura praediorum ;' and with reference to their special kinds, jura aquarum, &c.^ The exercise of personal servitutes, of which asus and ususfructus were the principal, was al- ways connected with the natural possession of the thing, and, consequently, the quasi possessio of such servitutes had a close resemblaccs to posses- sio. (Vid. PossEssio.) Servitutes of this class consisted solely " in patiendo." Prasdial servitutes consisted both iu " piuiendo" and "in non faciendo." Those which consisted in "patiendo" were either acts which a porscn naight do, by virtue of his right, upon the property of an- other, as the jus itineris, &c., or they were acts which he could do to or upon the property of anoth- er, by virtue of possessing another piece of proper- ty, as the jus tigni immittendi. Those which con- sisted " in non faciendo" were acts which, as the possessor of a piece of property, he could require the owner of another piece of property not to do, but which, except for the servitus, the owner might do. Personal servitutes were Uses, UsnsFuncTns, liabitatio, and operee servorum et animalium. Habitatio, or the right of living in another per- son's house, resembled the ususfructus or usus sedium. But it was not lost, as ususfi-uctus and usus were, by capitis diminutio or neglect to exer- cise the right. Also, it consisted in the right to in- habit some definite part of a house only, and not the whole ; the habitatio could be sold or let. If it was a donatio inter vivos, it could be set aside by the heredes of the giver.* Operae servorum et animalium consisted in a man having a right to the use and services of another person's slave or beast, so long as the slave or beast lived. The servitus continued after the death of the person entitled to it, and was not lost by a capi- tis diminutio, nor by neglect to exercise it. This is called by Caius° the " Ususfructus hominum et cet- irorum animalium." Praedial servitutes imply the existence of two pieces of land {pradia), orie of which owes a ser- vitus to the other {servitutum debet, pradium, fundus serviens), and the servitus is said to be due (deberi) from the one to the other. The name of praedium dominans, which is now often used to designate the praedium to which the servitus is due, is modern. It is of the nature of a servitus to be an advantage to the land to which it belongs : it must be some- thing that in some way increases its value. It must also be a thing that is permanently to the ad- vantage of the dominant praedium. The servitus is considered as belonging to the dominant praedium in such a sense that it cannot be alienated without the praedium, nor pledged, nor let. Praedial servitutes were either prsediorum urba- torum or rusticorum. But the word servitus has a double meaning, according as we view it as a 1. (Dig. 8, tit. 1, 8. 15.)— 8, (GaiuB, ii., 17, 29.)— 3. (Cic, Pro CEECin., 26.)— 4. (Dig. 7, tit. 8 : " Do Usu et Habitatione."— Kg. 31, tit. 5, s. 27, 32.— Instj ii., tit. 5.)— 5. (ii., 32.) 878 right or a duty. The servitus of a praedium rustfc cum or urbanum is, in the former sense, thef ser- vitus which belongs to a particular praedium as a right : in the latter sense, it is the servitus which some particular praedium owes as a duty. When the two prffidia are contemplated together in their mu- tual relations of right and duty, the word servitva expresses the whole relation. Servitutes urbanae appear to be those which are for the advantage of an edifice as such, and rusticae those which are for the advantage of a piece of ground as such, an(J mainly for the benefit of agriculture. The following are the principal servitutes urbanae : 1. Oneris ferendi, or the right w^hich a man has to use the edifice or wall of his neighbour to support his own edifice. The owner of the servient prop- erty was consequently bound to keBp it in repair, so that it should be adequate to discharge its duty.' 2. Tigni immittendi, or the right of planting a beam in or upon a neighbour's wall. 3. Projiciendi, or the right of adding something to a man's edifice, though it shall project into the open space which is above his neighbour's grounds. 4. Stillicidii, oi fluminis recipiendi or immittendi. This servitus was either a right which a man had for the rain water to run from his house upon and through his neighbour's premises, or a right to draw such watei from his neighbour's premises to his own. The technical meaning of stillicidium is rain in drops ; when collected in a flowing body, it is flumen." 5. Altius non toUendi, or the duty which a man owed not to build his house higher than its present eleva- tion, or the duty of the owner of a piece of land not to raise his edifice above a certain height, in or- der that the owner of some other house might have the advantage of such forbearance. If a man was released from this duty by his neighbour, he ob- tained a new right, which was the jus altius tol- lendi. In like manner, a man whose ground was released from the servitus stillicidii, was said to have the servitus stillicidii non recipiendi. This was not strictly accurate language ; for if a servitus is defined to be some limitation of the usual rights of ownership, a recovery of these rights, or a re- lease from the duties which is implied by the pos- session of these rights by another, merely gives the complete exercise of ownership, and so destroys all notion of a servitus. Still, such was the language of the Roman jurists ; and, accordingly, we find' enumerated among the urbanae servitutes' " Stilli- cidium avcrlendi in tectum vel aream vicini ant non avertendi." 7. Servitus ne luminibus, and ne pros- pectui officiatur, or the duty which a man owes to his neighbour's land not to obstruct his light or his prospect ;* and servitus luminum or prospectus, oi the duty of a man to allow his neighbour to make openings into his premises, as in a common wall, for instance, to get light or a prospect. It was a ser- vitus the object of which was to procure light, whereas the ne officiatur was to prevent the de stroying of light.' But there are different opinions as to the meaning of servitus luminum. 8. Servi- tus stercolinii, or the right of placing dung against a neighbour's wall, &c. 9. Servitus fumi immit- ' tendi, or the right of sending one's smoke through a neighbour's chimney. The following are the principal servitutes rusti- cae : 1. Servitus itineris, or the right of a footpath through another man's ground, or to ride through on horseback, or in a sella or lectica, for a man in such cases was said ire, and not ageri. Viewed with reference to the person who exercised the right, this servitus was properly called jus eundi.' 1. (Dig. 8, tit. 5, s. 6.)— 2. (Vairo, De Ling. Lat., v., 27, ed MuUer.-^ic.vDeOr., i., 38.)— 3. (Dig. 8, tit. 2, s. 2. /— 4. (Vid. Gaiuo, ii., 3L— .Cio., DeOr., i.,. 39.) —5. (Dig. S, tit. 2, t.\ 40.)— 0. (Gaiu9,iv., 3). SERVITUTES. SERVITUTES. 8. Actus or agendi, or the right of driving a beast or carriage through another man's land. 3. Vis, or the right eundi et agendi et ambulandi. Via of course in- cluded the other two servitutes, and it was distin- guished from them by its width, which was defined by the Twelve Tables.' The width of an iter or actus might be a matter of evidence, and if it was not determined, it was settled by an arbiter. If the width of a via was not determined, its width was taken to be the legal width (.latiludo legitima). In the work of Frontinus, De Coloniis, the phrase " iter. populo iebitur" or " non debetur" frequently occurs. When " iter debe'ur" occurs, the width of the iter is given in feet, k seems that, in the assignment of the lands in these instances, the lands were made " servire populo," for the purposes of a road. 4. Servitus .pascendi, or the right of a man in respect of the ground to which bis cattle are attached, to pasture them on another's ground. 5. Servitus aquaeductus, or the ducendi aquam per fundum alie- num. There were also other servitutes, as aquae haustus, pecoris ad aquam appulsus, calcis coquen- dffi, and arenas fpdiendae. If a publicus locus or a via publica intervened, no servitus aquaeduotus could be imposed, but it was necessary to apply to the princeps for permission to form an aquaeductus across a public road. The intervention of a sacer et reli^iosus locus was an obstacle to imposing an itineris servitus, for no servitus could be due to any person on ground which was sacer or religi- osus. A servitus negativa could be acquired by mere contract ; and it seems the better opinion that a servitus affirmativa could be so acquired, and that traditio, at least in the later periods, was not neces- sary in order to establish the jus servitutis, but only to give a right to the publiciana in rem actio.' The phrases "aqua jus constituere," "servitutem fundo imponere," occur.' According to Gains, ser- vitutes urbanse could only be transferred by the in jure cessio : servitutes rusticae could be transferred hy^ mancipatio also.* A servitus might be established by testament (servitus legata'), and the right to it was acquired when the '» dies legati cessit" (vid. Legathm) ; but tradition was necessary in order to give a right to the publiciana in rem actio. A servitus could be established by the decision of a judex in the judi- cium familiaj erciscundse, communi dividundo, and in a case where the judex adjudicated the proprie- tas to one and the ususfructus to another.' Servi- tutes could also be acquired by the praescriptio longi temporis.' An obscure and corrupt passage of Ci- cero' seems to allude to the possibility of acquiring a right to a servitus by use, as to which a lex Scribonia made a change. {Vid. Lex Sceibonia.) Quasi servitutes were sometimes simply founded on positive enactments, which limited the owner of a property in its enjoyment ;' and others were con- sidered as " wtoyurB imposite.""' A servitus might be released (remitti) to the own- er of the fundus serviens," or it might be surren- dered by allowing the owner of the fundus serviens to do certain acts upon it which were inconsistent with the continuance of the servitus." If both the dominant and the servient land, came to belong to one owner, the servitutes were extinguished ; there was a confusio." If the separate owners of two separate estates jointly acquired an estate which was servient to the two separate estates, the servi- 1. (Dig. 8, tit. 3, a. 8.)— 2. (Gains, ii., 30, 31;— Saviguy, Das RecU des Besitzes.)— 3. (Cic. ad Quint., iii., 1, c. 2.)— 4. (Gai- U8, ii., 39.) — 5. (Dig. 33, tit. 3.) — 6. (Dig. 7, tit. 1, s. 6.) —7. (Cod., fii., tit. 33, s. 12.)— 8. (ad Att., XV., 26.)— 9. (Nov., 22, c. 46, 8. 2.)— 10. (Dig. 39, tit. 3, s. 1, « 23, and Dig. 43, tit. 27, De Arboiibos CKdendJs,)rr 11. (Dig. 8, tit. 1, ». 14.) — 12.- (Dig. 8, tit 0, 8. i.)— 13. (Dig. 8, tit. 6, s. 1.) tutes were not extinguished ; but they were extin guished if the joint owners of a dominant estate jointly acquired the servient estate.' The servitus was also extinguished when the usufructuarius ac- quired the proprietas of the thing. A servitus was extinguished by the extinction of the object ; but if the servient object was restored, the servitus was also restored.* A servitus was extinguishes' ay the extinction of the subject, as in the case of a person al servitude, with the death of the person who was entitled to it ; and in the case of praedial servitutes, with the destruction of the dominant subject ; but they were revived with its revival. A servitus might be extinguished by not using it. According to the old law, ususfructus and usus were lost, through not exercising the right, in two years in the case of things immovable, and in one year in the case of things movable. In Justinian's legisla- tion, ususfructus and usus were only lost by not exercising the right when there had been a usuca- pio libertatis ouithe part of the owner of the thing, or the ownership had been acquired by usucapi- on.' Servitutes might be the subjects of actiones in rem. An actio confessoria or vindicatio servitutis had for its object the establishing the right to a ser- vitus, and it could only be brought by the owner of the dominant land when it was due to land. The object of the action was the establishment of the right,damages, and security against future disturb- ance in the exercise of the right. The plaintiff had, of course, to prove his title to the servitus. The actio negatoria or vindicatio, libertatis might be brought by the owner of the property against any person who claimed a servitus in it. The object was to establish the freedom of the property from the servitus for damages, and for security to the owner against future disturbance in the exercise of his ownership. The plaintiff had, of course, to prove his ownership, and the defendant to prove his title to the servitus.' In the case of personal servitutes, the interdicts were just the same as in the case of proper posses- sion ; the interdict which was apphed in the case of proper possession was here applied as a utile in terdictum.* In the case of prsedial servitutes, we must first consider the positive. In the first class, the acqui- sition of the juris quasi possessio is effected by an act which is done simply as an exercise of the right, independent of any other right. The interference with the exercise of the right was prevented by in- terdicts applicable to the several cases. A person who was disturbed in exercising a jus itineris, ac- tus, viae, by any person whatever, whether the own- er of the servient land or any other person, had a right to the interdict : the object of this interdict was protection against the disturbance, and com- pensation ; its effect was exactly like that of the interdict uti possidetis. Another interdict applied to the same objects as the preceding interdict, but its object was to protect the person entitled to the servitus from being disturbed by the owner while he was putting the way or road in a condition fit for use. There were various other interdicts, as in the case of the jus aquae quotidianae vel aestivae diicen- dae ;♦ in the case of the repair of water passages ;' in the case of the jus aqua haurienda.' The second class of positive servitudes consists in the exercise of the servitude in connexion with 1. (Dfa. 8, til. 3, a. 27.)— 2. (Dig. 8, tit. 2, s. 20 ; tit. 6, s. 14.) —3. (Cod., iii., tit. 33, s. 16, l> 1, and tit. 34, s. 13.)— 4, (Gains, ■ '., 3.— Dig. 8, tit. 5.) — 6. (Frag. Vat., 90, as emended iy Sa igny.)— 6, (Dig. 43, tit. 20.)— 7. (43, tit. 21, De Rivis,)— 8.-(4l' vignv., tit. 22.) 879 SERVITUTES. SERVliS tfie possession of another piece of property. The interdicts applicable to this case are explained un- der the next class, that of negative servitutes. In the case of negative servitutes, there are only two modes in which the juris quasi possessio can be acquired : 1, when the owner of the servient prop- erty attempts to do some act which the owner of the dominant property considers inconsistent with his servitus, and is prevented ; 3, by any legal act which is capable of transferring the jus servitutis. The possession is lost when the owner of the ser- vient property does an act which is contrary to the right. The possession of the servitutes of the sec- ond and third class was protected by the interdict uti possidetis. There was a special interdict about sewers {De Chacis^). It has been stated that quasi servitutes were sometimes founded on positive enactments. These were not servitutes properly so called, for they were limitations of the exercise of ownership made for the public benefit. The only cases of the iimitation of the exercise of ownership by posit'.ve 6:!actment which are mentioned in the Pandect, are reducible to three principal classes. The first class compre- hends the limitation of ownership on religious grounds. To this class belongs finis, or a space of five feet in width between adjoining estates, which it was not permitted to cultivate. This intermedi- ate space was sacred, and it was used by the own- ers of the adjoining lands for sacrifice. To this class also belongs the rule, that if a man had bu- ried a dead body on the land of another without his consent, he could not, as a general rule, be compel- led to remove the body, but he was bound to make recompense." The second class comprehends rules relating to police. According to the Twelve Ta- bles, every owner of land in the city was required to leave a space of two feet and a half vacant aU round any edifice that he erected : this was called legitimum spatium, legilimus modus. Consequently, between two adjoining houses there must be a va- cant space of five feet. This law was, no doubt, often neglected ; for, after the fire in Nero's reign,' it was forbidden to build houses with a common wall (communio parietum), and the old legitimum spatium was again required to be observed ; and it Is referred to in a rescript of Antoninus and Verus.* This class also comprehends rules as to the height and form of buildings. Augustus" fixed the height at seventy feet ; Nero also, after the great fire, made some regulations with the view of limiting the height of houses. Trajan fixed the greatest height at sixty feet. These regulations were general, and had no reference to the convenience of persons who pos- sessed adjoining houses : they had, therefore, no re- lation at all to the servitutes altius toUendi and non tollendl, as some writers suppose. The rule of the Twelve Tables, which forbade the removing a " tig- num fartivum cedibus vel vineis junclum" had for its object the preventing of accidents.' Another rule declared that the owners of lands which were ad- joining to public aquaeducts should permit materials to be taken from their lands for these public purpo- ses, but should receive a proper compensation. The Twelve Tables forbade the burning or interring of a dead body in the city ; and this rule was enforced by a lex Duilia. In the time of Antoninus Pius, this rule prevailed both in Rome and other cities. The third class of limitations had for its object the promotion of agriculture. It comprised the rules relating to Aqua Pluvia, and to the tignum janctum in the case of a vineyard ; and it gave a man permission to go on his neighbour's premises 1. (Dig. 48, tit. 23.)— 2. (Dig. 11, tit. 7, s. i, 7, 8.)— 3. (Tacit., Ann., XV., 41)^4. (Dig. 8, tit 2, ». 14.)— 5. (Snot., Oota?., 89.) (Dig. 47, tit. i ) to gather the fruits whicl had fallen thereon from his trees, with Hiis limitation, that lie could onlygc every third day.' The Twelve Tables enacted that if a neighbour's tree hung over into another person's land, that person might trim it to the height of fif- teen feet from the ground {qiiindecim pedes altius earn sublucalor). The rule was a limitation of owner- ship, but not a limitation of the ownership of the tree-owner : it was a limitation of the ownership of the land-owner; for it allowed his neighbour's tree to overhang his ground, provided there were no branches less than fifteen feet from the ground. With these exceptions, some of which were of great antiquity, ownership in Roman law must be considered as unlimited. These limitations, also, had no reference to the convenience of individuals who had adjoining houses or lands. With respect to neighbours, the law allowed them to regulate their mutual interests as they pleased ; and, accord- ingly, a man could agree to allow a neighbour to derive a certain benefit from his land, which their proximity rendered desirable to him, or he could agree to abstain from certain acts on his land for the benefit of his neighbour's land. The law gave force to these agreements under the name of servi- tutes, and assimilated the benefits of them to the right of ownership by attaching to them a right of action like that which an owner enjoyed. This view of the limitation of ownership among the 'ilomans by positive enactment is from a valiia ble essay by Dirksen." This imperfect sketch may be completed by ref- erence to the following works, and the authorities cuoted in them ; Mackeldey, Lehrbuch, Jf-c. — Miih- lenbruch, Doclrina Pandeclarum, p. 268, &c. — Sa- vigny, Das Recht des Besitzes, Juris Quasi Possessio, p. 525, 5th ed. — Von der Bestellung der Senituten dureh simple Vertrag und Stipulation, von Ilasse, Rhein. Mus. fiir Jurisprudenz, Erstcr Jahrgang.— Yon dem Verhaltniss des Eigenthums zu den Serm- tuten, von Puchta, Rhein. Mus. Erst. Jahrg. SERVUS (Gkeek). The Greek 6oiJ?iog, like the Latin servUs, corresponds to the usual meaning of our word slave. Slavery existed almost through out the whole of Greece ; and Aristotle' says that a complete household is that which consists of slaves and freemen (oiicia Si Te^ieiog ix iSovTiav xal i?i,ev0ipuv), and he defines a slave to be a living working-tool and possession (6 dovlos l/iipvxov opya- vov ;* 6 dov'Ko^ Krf/fid ri Sfiijjvxov^). None of the Greek philosophers ever seem to have objected to slavery as a thing morally wrong ; Plato, in his per- fect state, only desires that no Greeks should be made slavBs by Greeks,' and Aristotle' defends the justice of the institution on the ground of a diversi- ty of race, and divides mankind into the free {i^ev- Oepoi), and those who are slaves by nature (oi vaei dovX'ji) : under the latter description he appears to have regarded all barbarians in the Greek sense of the word, and therefore considers their slavery jus- tifiable. In the most ancient times there are said to have been no slaves in Greece ;' but we find them in the Homeric poems, though by no means so generally as in later times. They are usually prisoners taken in war {SoptdTiaroi), who serve their conquerors ; but we also read as well of the purchase and sale of slaves." They were, however, at that time mostly confined to the houses of the wealthy. There were two kinds of slavery among tht Greeks. One species arose when the inhabitants 1 (Dig. 43, tit. 28, De Glinde legends.) — 2. (Ueber die ^o- Betzjichen beschriokungen des Eigenthums, &c., Zeitschnft^ vol ii.)— 3. (Polit., i., 3.)— 4. (Ethic. Nicora.,iiii., 13.)— 5. (Po- lit., i., 4.)— 6. (De Rep., v., p. 469.)— 7. (Polit , i.)— 8. (Horod vi , 137.— Phereciat. an. Athen., vi., p. 263, S.)— 9, (Od , x» 483.) S'lilRVUS. SKRVUS «f a country were subdued by an invading tribe, and reduced to the condition of serfs or bondsmen : they lived upon and cultivated the land v?hich their masters had appropriated to themselves, and paid them a certain rent. They also attended their mas- ters in war. They could not be sold out of the country or separated from their families, and could acquire property. Such were the Helots of Sparta 'vid. Helotes), the PenestsB of Thessaly {vid. Pe- NBsTAi), the Bithynians at Byzantium, the Callioyrii at Syracuse, the Mariandyni at Heraclea in Pontus, the AphamiotsB in Crete. (Vid. Cosm'i, p. 316.) The other species of slavery consisted of domestic slaves acquired by purchase (ipyvpuvTjToi or xp^<^<^- vijTOi}), who were entirely the property of their mas- ters, and could be disposed of like any other goods and chattels : these were the iJoSAoj properly so called, and were the kind of slaves that existed at Athens and Corinth. la commercial cities slaves were very numerous, as they performed the work of the artisans and manufacturers of modern towns. In poorer republics, which iiad little or no capital, and which subsisted wholly by agriculture, they would be few : thus in Phocis and Locris there are said to have been originally no domestic slaves.' The majority of slaves were purchased ; few, com- paratively, were born in the family of the master, partly because the number of female slaves was very small in comparison with the male, and partly because the cohabitation of slaves was discouraged, as it was considered cheaper to purchase than to rear slaves. A slave born in the house of a master was called oUoTpiip, in contradistinction to one pur- chased, who was called oifceriis.' If both the father jnd mother were slaves, the offspring was called jliij>i6ovXo( :* if the parents were o'lKoTpiSe;, the off- spring was called ohoTpiSaioc-' It was a recognised rule of Greek national law, "hat the persons of those who were taken prisoners in war became the property of the conqueror,' but it was the practice for the Greeks to give liberty to those of their own nation on payment of a ransom. Consequently, almost all slaves in Greece, with the nxception of the serfs above mentioned, were barba- lians. It appears to follow, from a passage in Ti- ma:us,' that the Chians were the first who carried on the slave-trade, where the slaves were more iwmerous than in any other place except Sparta, that is, in comparison with the free inhabitants." In the early ages of Greece, a great number of slaves was.obtained by pirates, who kidnapped persons on the coasts, but the chief supply seems to have come froin the Greek colonies in Asia Minor, who had abundant opportunities of obtaining them from their own neighbourhood and the interior of Asia. A considerable number of slaves also came from Thrace, where he parents frequently sold their children.' At Athens, as well as in other states, there was a regular slave-market, called the Ki/c/lof,'° be- cause the slaves stood round in a circle. They were also sometimes sold by auction, and appear then to have been placed on a stone called the nparrjp Xido^-}^ the same was also the practice in Ilomo, whence the phrase homo de lafide emtus. (Vid, Aeotio.) The slave-market at Athens seems to have been held on certain fixed daj's, usually the last day of the month (the Ivri koX via or vov- tttivia"). The price of slaves also naturally dif- fered according to their age, strength, and acquire- 1 (Vid. Isocr., Plats., p. 300, ed. Steph.)— 2. (Athen., vi., p; S64, e^Clinton, F. II., ii., p. 411, 412.)— 3. (Ammon. and Sui- iax, a. T.) ^ 4 (Eustath. ad 08., ii., 990.) — S. (Pollux, Onom., iii., 76.) — 6. \Xen., Cyr., vii., .5, fy 73.) — 7. (ap. Athen., vi., p. »S, *:)— 8. (Thucyd., viii,. 40.)— 9. (Herod., v., B.)— 10, (Har- pocr., s; V.) — 11- (Pollux, Onom., iii., 78.)— 12. (Ar^tophj, Equjt.^ 43, with tbe schol * 5T ments. ''Some slaves," says Xenophon,' are well worth two minas, others hardly half a mi- na ; some sell for five minas, and others even for ten ; and Nicias, the son of Niceratus, is said to have given no less than a talent for an overseer in the mines." Bockh' has collected many particu- lars respecting the price of slaves ; he calculates the value of a common mining slave at from 135 tc- 1.50 drachmas. The knowledge of any art had a great influence upon the value of a slave. Of the thirty-two or thirty-three sword-cutlers who be- longed to the father of Demosthenes, some were worth five, some six, and the lowest more than three minas ; and his twenty couch-makers, togeth- er, were worth 40 minas.' Considerable sums were paid for courtesans and female players on the cithara ; twenty and thirty minas were common for such :* Nesera was sold for thirty minas.' The number of slaves was very great in Athens. According to the census made when Demetrius Phalereus was archon (B.C. 309), there are said to have been 21,000 free citizens, 10,000 metics, and 400,000 slaves in Attica :' according to which, the slave population is so immensely large in proportion to the free, that some writers have rejected the ac- count altogether,' and others have supposed a cor- ruption in the numbers, and that for 400,000 we ought to read 40,000.' Bockh' and Clinton," how- ever, remark, with some justice, that in computing the citizens and metics, the object was to ascertain their political and military strength, and hence the census of only males of full age was taken ; while, in enumerating slaves, which were property, it would be necessary to compute all the individuals who composed that property. Bockh tabes the pro- portion of free inhabitants to slaves as nearly one to four in Attica, Clinton as rather more than three to one ; but, whatever may be thought of these cal culations, the main fact, that the slave population in Attica was much larger than the free, is incon- trovertible : during the occupation of Decelea 6> the Lacedaemonians, more than 20,000 Athenian slaves escaped to this place." In Corinth and iEgina their number was equally large : according to Timaeus, Corinth had 460,000, and according to Aristotle, . ■ , ■ , A master could also acquire possessio through his slave, and thus have a commencement of usu- capion ;^ but the owner must have the possession of the slave in order that he might acquire possession through him, and, consequently, a man could not acquire possession by means of a pignorated slave. {Vid. PiGNus.) A bonsB fidei possessor, that is, one who believed the slave to be his own, could ac- quire possession through him in such cases as he could acquire property; consequently, a pledgee could not acquire possession through a pignorated slave, though he had the possession of him bona fide, for this, bona fides was not that which is meant in the phrase bonse fidei possessor. The usufructu- arius acquired possession through the slave in the same cases in which the bonae fidei possessor ac- quired it.* Slaves were not only employed in the usual do- mestic offices and in the labours of the field, but also as factors or agents for their masters in tht management of business {vid. Institoeia Actio, &c.), and as mechanics, artisans, and in every branch of industry. It may easily be conceived that, under these circumstances, especially as they were often intrusted with property to a large amount, there must have arisen a practice of allowing the slave to consider part of his gains as his own : this was his peculium, a term also applicable to such acquisitions of a.filiusfamilias as his father allowed him to consider as his own. ( Vid. Pateia Potes- tas.) According to strict law, the pecuhum was the property of the master, but according to usage it was considered to be the property of the slave. Sometimes it was agreed between master and slave that the slave should purchase his freedom with his peculium when it amounted to a certain sum.' If a slave was manumitted by the owner in his lifetime, the peculium was considered to be given together with libertas, unless it was expressly retained.' Transactions of borrowing and lending could take place between the master and slave with respect to the peculium, though no right of action arose on either side out of such dealings, conformably to a general principle of Roman law.' If, after the slave's manumission, the master paid him a debt which had arisen in the manner above mentioned, he could not recover it.' In case of; the claim of creditors on the slave's peculium, the debt. of the slave to the master was first taken into the acicount, and deducted from the peculium. So far was the la w mo dified, that in the case of the naturales obli- 1. (Ulp., Frag., tit. 19.) —2. (Gaius, ii., 87, &c.) — 3. (Id., ii., 89, &c.)— 4. (Savigiiy, Das Recht des Besitzes, p.314,ed.5.< — 5. (Tacit., Ann., xiv., 42, and the note of Lipsius.) — 6. (Dig. 15, tit. 1, 8. 53, De Peoulio.)— 7. (Gaius, iy , 78.)— 8. (Die. ll, tit. 6, s. 64.) 8R3 SERVUS SEKVTJSs ;atk>nes, as the Romans called them, between mas- ter and slave, a fidejussor could be bound for a slave, whether the creditor was an extraneus, or a dominus to whom the slave was Indebted. A naturalis obligatio might also result from the dealings of a slave with other persons than his mas- ter; but the master was not at all affected by such dealings. The master was only bound by the acts and dealings of the slave when the slave was em- ployed as his agent or instrument, in which case the master might be liable to an actio Exekoitokia 01 Institobia.' There was, of course, an actio against the master when the slave acted by his or- ders. {Vid. Jossa, Qdod, &:c.) If a slave or filius- familias traded with his peculium with the knowl- edge of thedominus or father, the peculium and all that was produced by it were divisible among the creditors and master or father in due proportions {pro rata portione) ; and if any of the creditors com- plained of getting less than his share, he had a tributoria actio against the master or father, to whom the law gavethe power of distribution among the creditors." The master was not liable for any- thing beyond the amount of the peculium, and his own demand was payable first.' Sometimes a slave would have another slave under him, who had a peculium with respect to the first slave, just as the slave had a peculium with respect to his master. On this practice was founded the distinction be- tween servi ordinarii and vicarii.* These subordi- nate peculia were, however, legally considered as included in the principal peculium. In the case of a slave dying, being sold or manumitted, the edict required that any action in respect of the pecuhum must be brought within a year.' If a slave or fil- iusfamilias had carried on dealings without the knowledge and consent of his master or father, theie might be an action against the master or fa- ther in respect of such dealings, so far as it could be proved that he had derived advantage from them. This was called the actio de in rem verso,' and it was, in fact, the same actio as that de peculio. That was said "in rem pairis dominive versum" which turned out for his advantage. For instance, if a slave borrowed ten sestertia and paid them to the master's creditors, the master was bound to pay the loan, and the lender had an actio against him de in rem verso. If the slave paid any part of the borrowed sum to his master's creditors, the master was liable to the lender for the amount so applied , and if the slave had wasted the other part, the mastei was bound to make that good to the amount of the slave's peculium ; but still with this provision, that the amount of the slave's peculium could only be ascertained by first deducting from it what he owed to the master. The case was the same with the peculium of a son and a slave. Thus, as Gains observes,' the actio de peculio and de in rem verso was one actio, but contained two condemnations. It is a consequence of the relation of slave and master, that the master acquired no rights against the slave in consequence of his delicts. Other per- sons might obtain rights against a slave in conse- quence of his delicts, but their right could not be prosecuted by action until the slave was manumit- ted.* They had, however, a right of action against the slave's master for damages, and if the master would not pay the damages, he must-give up the slave. {Vid. Noxa.) The slave was protected against injury from other persons. If the slave was killed, the master might either prosecute the killer for a capital offence, or sue for damages un- der the lex Aquilia.' {Vid. Aquiua Lex, InjuKu.) The master had also a praetoria actio in duplum against those who corrupted his slave {servus, scrva) and led him into bad practices :' the in duplum was to twice the amount of the estimated damage. He had also an action against a person who committed stuprum with his female slave.' A runaway slave {fugitivus) could not lawfully be received or harboured ; to conceal him was furtum. The master was entitled to pursue him wherever he pleased, and it was the duty of all authorities to give him aid in recovenng the slave. It was the object of various laws to check the running away of slaves in every way, and, accordingly, a runaway slave could not legally be an object of sale. A class of persons called fugitivarii made it their business to recover runaway slaves. The rights of the master over the slave were in no way affected by his running away ;* there was a lex Fabia on this subject, and apparently two senatus consulta at least.' A person was a slave either jure gentium or jure civih. A person was born a slave jure gentium whose mother was a slave when she gave hira birth ;' for it was a legal principle, that the status of those who were not begotten in justa3 nuptia: was to be reckoned from the moment of the birth. A slave born in the master's house was verna ; but it was also a principle of Roman law, that the status of a person who was begotten in justse nuptiae was reckoned from the time of conception. At a later period the rule of law was established, that, though a woman at the time of the birth might be a slave, still her child was free, if the mother had been free at any time reckoning backward from the time of the birth to the time of the conception.' There were various cases of children the offspring of a free parent and a slave, as to which positive law provided whether the children should be free or slaves." {Vid. Senatus Consultum Claudianpm.) A person became a slave by capture in war, also jure gentium. Captives in war were sold as be- longing to the nsrarium, or distributed among the soldiers by lot." In reference to the practice of selling prisoners with a crown on their heads, we find the expression " suh corona venire, vendcre."^' A free person might become a slave in various ways in consequence of positive law, jure civih. This was the case with incensi {vid. Caput), and those who evaded military service." In certain cases, a man became a slave if he allowed himself to be sold as a slave in order to defraud the purcha- ser ; and a free woman who cohabited with a slave might be reduced to the same condition. {Vid. Senatus Consultum Claudianum.) Under the Em- pire, the rule was established that persons con- demned to death, to the mines, and to fight with wild beasts, lost their freedom, and their property was confiscated, whence, concludes Gains, it ap- pears that they lose the testament! factio." But this was not the earlier law. A person so con demned, though he lost his freedom, had no master, and, consequently, the hereditates and legacies which were left to him were simply void, for such a per- son was "pana servus, non Ccesaris,"" A man never lost his freedom by usucapion." According to the old law, a manifestus fur was liable to a cap- italis poena, and was addicted {addicebdtur) to the 1. (Gaius, iv., 71.)— 2. (Id., vr., 72, &d.)— 3. (Dig. 14, tit. 4, Do Tributoria Actione.)— 4. (Dig. 15, tit. 1, s. 17.)— 5. (Dig. 15, tit. 2, s. 1, which contains the -words of the Edict.) — 6. (Dig. 15, tit. 3.)— 7. (iv., 73, and the note on c. 72.>-^. (Gains, ■t , 77.) 884 1. (Gains, iii., 213.)— 2. (Dig. 11, tit. 3, s. 1, where the words of the Edict are given.)— 3. (Dig. 47. tit. 10, s. 25.)— 4. (Dig. 11, tit. 4, De Fugitivis.)— 5. (.Vid. also Varro, De Re Kust., iii., 14 —Floras, iii., 19.)— 6. {Gains, i., 82.)— 7. (Paulus, S. R., ii., tit 24.— Dig. 1, tit. S, s. 5.)— 8. (Gains, i., 83, &c.)— 9. (VM. Wal- tei's Geschiohte, &c., p. 5P note 35.)— 10. (Gell., vii., 4.— Liv., T., 22.— Cffisar, Eell. Gall., ill., 16.)— U. (Cic, Pro CKcina., 34 ; —12. (Dig. 28, tit. 1, B. 8.)— 13. (Dig. 34, tit. 8, •. 3.)— 14. (G* ins, ii., 48.) SERVUS. SERVUS; person whose property he had stolen ; but it was doubted whether the effect of the addictio was to make him a servus, or to put him in the condition of an adjudicatus.' By a constitutio or senatus consultum of Claudi- us," a freedman who misconducted hunself towards his patron was reduced to his former state of sla- very. But this was not the rule of law in the time of Nero.' (Vid. Pateonus, Libeetus.) The state of slavery was terminated by Manu- Missio. It was also terminated by various positive enactments, either by way of reward to the slave, or punishment to the master. The Senatus Con- sDLTUM SiLANiANUM is au cxamplc of the former ; and various subsequent constitutions gave freedom to slaves who discovered the perpetrators of cer- tain crimes.* Liberty might also be acquired by the prsscriptio temporis. After the establish- ment of Christianity, it might be acquired, subject to certain limitations, by becoming a monk or a spiritual person ;* but if the person left his monas- tery for a secular life, or rambled about in the towns or the country, he might be reduced to his former servile condition. There were slaves that belonged to the state, and were called servi publici : they had the testamenti factio to the amount of one half of their proper- ty,* from which circumstance it appears that they were viewed in a light somewhat different from the slaves of private persons. The preceding account treats of the legal condi- tion of slaves in their relation to their masters. It remains to give an account of the history of sla- very among the Romans, of the sale and value of slaves, of the different classes into which they were divided, and of their general treatment. Slaves existed at Rome in the earliest times of which we have any record, but they do not appear to have been numerous under the kings and in the earliest ages of the Republic. The different trades and the mechanical arts were chiefly carried on by the clients of the patricians, and the small farms in the country were cultivated, for the most part, by the labours of the proprietor and of his own family. But, as the territories of the Roman' state were ex- tended, the patricians obtained possession of large estates out of the ager publicus, since it was the practice of the Romans to deprive a conquered people of part of their land. These estates prolia- bly required a larger number of hands for their cultivation than could readily be obtained among the free population ; and since the freemen were constantly liable to be called away from their work to serve in the armies, the lands began to be cultiva- ted almost entirely by slave labour.' Through war and commerce slaves could easily be obtained, and at a cheap rate, and their number soon became so great that the poorer clxss of freemen was thrown almost entirely out of employment. This sti»;,e of things was one of the chief arguments used by Li- cinius and the Gracchi for limiting the quantity of pubUc land which a person might possess ;' and we know that there was a provision in the Licinian rogations that a certain number of freemen should be employed on every estate." This regulation, however, was probably of little avail : the lands still continued to be almost entirely cultivated by slaves, although, ir. the latest times of the Republic, we find that Julius Caesar attempted to remedy this state of things to some extent, by enacting that, of those person?, who attended to cattle, a third 1. (Gaius, iii., 189.)— 2. (Sueton., Claud., 25.)— 3. (Tacitus, Anu., xiii., 27. — See the noted of Emesti and Lipsius on this nassa^e.) — t. (Cod. Theod., tit. 21, s. 2.)— 5. (Nov., 5, c. 2 ; and 183, c. 17, 35.)— 6. (Ulp , Frag., tit. 30.)— 7. (Compare Liy., vi., 18 J— 8. (Appian, B. 0. i., 7, 9, 10.)— 9. (Id. ib., 1, 8.) should always be freemen.' In Sicily, which sup plied Rome with so great a quantity of com, the number of agricultural slaves was immense : the oppressions to which they were exposed drove them twice to open rebellion, and their numbers enabled them to defy for a time the Roman power. The first of these servile wars began in B.C. 134. and ended in B.C. 132, and the second commenced in B.C. 102, and lasted almost four years. Long, however, after it had become the custom to employ large gangs of slaves in the cultivation of the land, the number of those who served as personal attendants still continued to be small. Persons in good circumstances seem usually to have had one only to wait upon them," who was generally called by the name of his master, with the word pm- (that is, puer) affixed to it, as Caipor, Lucipor, Marcipor, Publipor, Quintipor, &o. ; and hence Quintilian' says, long before whose time lux- ury had augmented the number of personal attend- , ants, that such names no longer existed. Cato, when he went to Spain as consul, only took three slaves with him.* But during the latter times of the Republic, and under the Empire, the number of domestic slaves greatly increased, and in every family of importance there were separate slaves to attend to all the necessities of domestic life. It was considered a reproach to a man not to keep a considerable number of slaves. Thus Cicero, in describing the meanness of Piso's housekeeping, says, " Idem coquus, idem atriensis : pistor domi nul- ius."' The first question, asked respecting a per son's fortune was " Quot pascit servos V" Horace' seems to speak of ten slaves as the lowest num- ber which a person in tolerable circumstances ought to keep, and he ridicules the praetor TuUius for being attended by no more than five slaves in going from his Tiburtine viUa to Rome." The im- mense number of prisoners taken in the constant wars of the Republic, and the increase of wealth and luxury, augmented the number of slaves to a prodigious extent. The statement of Athenajus,' that very many Romans possessed 10,000 and 20,000 slaves, and even more, is probably an ex- aggeration ; but a freedman under Augustus, who had lost much property in the civil wars, left at his death as many as 4116.'° Two hundred was no uncommon number for one person to keep," and Augustus permitted even a person that was exiled to take twenty slaves or freedmen with him." The mechanical arts, which were formerly in the hands of the clientes, were now entirely exercised by slaves ;" a natural growth of things, for where slaves perform certain duties or practise certain arts, such duties or arts will be thought degrading to a freeman. It must not be forgotten that the games of the amphitheatre required an immense number of slaves trained for the purpose. (,Vid. Gladiatores.) Like the slaves in Sicily, the gla- diators in Italy rose in B.C. 73 against their op pressors, and, under the able generalship of Sparta- cus, defeated a Roman consular army, and were not subdued till B.C. 71, when 60,000 of them are said to have fallen in battle.'* Under the Empire, various enactments, mention- ed above (p. 883), were made to restrain the cruel- ty of masters towards their slaves ; but the spread of Christianity tended most to ameliorate the con- dition of slaves, though the possession of them was for a long time by no means condemned as contra- ry to Christian justice. The Christian writers, 1. (Suet., Jul., 42.)— 2. (Plin., H. N., xi-tiii., 1, b. 6.)— 3. (i., 4, 1) 26.)— 4. (Apul., Apol., p. 430, ed. Ouden.)— 5. (in Pis., 27.) —6. (Juv., iii., 141.)— 7. (Sat., i., 3, 12.)— 8. (Sat., i,, 8,107.) —9. (vi,, p. 272, e.)— 10. (Plin., H. N., xiiiii., !0, s. 47.)— 11 (Hov., Sat., i., 3, 11.)— 12. (Dion Cass., Ivi., 37.)— 13. (Oic, lU OS., i., 42.)— 14. (liiv., Epit., 97.) SERVUa. SERVUS. hoxe "er, incnieateu the duty of acting towards them as we would be acted by,' but down to the age ol" Theodosius wealthy persons still continued to keep as many as two or three thousand." Jus- linian did aiuch to promote the ultimate extinction of slavery, but the number of slaves was again in- creased by the invasion of the barbarians from the north, who not only brought with them their own slaves, who were chiefly Sclavi or Sclavonians (whence our word slave), but also reduced many of the inhabitants of the conquered provinces to the condition of slaves. But all the various classes of slaves became merged, in course of time, into the adscripti glpbae or serfs of the Middle Ages. The chief sources from which the Romans ob- tained slaves have been pointed out above. Under the Republic, one of the chief supplies was prison- ers taken in war, who were sold by the qusstors' with a crown on their heads (see above, p. 884), and usually on the spot where they were taken, as the care of a large number of captives was incon- venient. Consequently, slavedealers usually ac- companied an army, and frequently, after a great battle had been gained, many thousands were sold at once, when the slavedealers obtained them for a mere nothing. In the camp of LucuUus, on one oc- casion, slaves were sold for four drachmae each. The slave-trade was also carried on to a great ex- tent, and after the fall of Corinth and Carthage, De- los was the chief mart for this traffic. When the Oilician pirates had possession of the Mediterra- nean, as many as 10,000 slaves are said to have been imported and sold there in one day.* A large number came from Thrace and the countries in the north of Europe, but the chief supply was from Africa, and more especially Asia, whence we fre- quently read of Phrygians, Lycians, Cappadocians, &c., as slaves. The trade of slavedealers (mangoncs) was con- si lered disreputable, and expressly distinguished from that of merchants (mangoncs non mercatores led venaliciarii appeUantur^) ; but it was very lucra- tive, and great fortunes were frequently realized from it. The slavedealer Thoranius, who lived in the time of Augustus, was a well-known charac- ter.' Martial' mentions another celebrated slave- dealer in his time, of the name of Gargilianus. Slaves were usually sold by auction at Rome. I'hey were placed either on a raised stone (hence de lapide emtus") or a raised platform {calasla'), so that every one might see and handle them, even if they did not wish to purchase them. Purchasers usually took care to have them stripped naked,'" for slavedealers had recourse to as many tricks to con- ceal personal defects as the horse-jockeys of mod- ern times : sometimes purchasers called in the ad- vice of medical men." Slaves of great beauty and rarity were not exhibited to public gaze in the com- mon slave-market, but were shown to purchasers in private (arcana talmlata catasta"). Newly-im- ported slaves had their feet whitened with chalk,'^ and those that came from the East had their ears bored," which we know was a sign of slavery among many Eastern nations. The slave-market, like all other markets, was under the jurisdiction of the aidiles, who made many regulations by edicts respecting the sile of slaves. The character of- the slave v^as set forth in a scroll {tiiulus) hanging 1 (Clem. Alen., PiEdag., iii., 12.)— 8. (Chrysost., vol. vii., p. 633.)— 3. (Plaut., Capt., i., 2, 1, 2.)— 4. (Strabo, xiv., p. 668.)— 5. (Dig. 50, tit. 16, s. 20".— Plaut., Trin., ii., 2, 51.)— 6. (Suet., Octav., 69.— Maorob., Sat., ii., 4.— Plin., H. N., vii., 12, s. 10.) —7. (viii., 13.)— 8. (Cic. in Pis., 15.- Plaut., Baccli., iv., 7, 17.) —9. (Tibnll., ii., 3, 60.— Persius, vi., 77.— Casaabon, ad loc.)— 0. (Senec, Ep., 80.— Suet., Octav., 69.)— 11. (Claudian in Eu- >rop., i,, 35, 36.)— 12. (Mart., ix., 60.)— 13. (Plin., H. N., iKv., 17, a. 53.- Ovid, Am., i., 8, 64.)— 14. (Jut., i., 104.) 886 around his neck, which was a warranty to tna purchaser :' the vendor was bound to announce fairly all his defects,^ and if he gave a false account, had to take him back within six months ficm the time of his sale," or make up to the purchaser what the latter had lost through obtaining an inferior kind of slave to what had been warranted." The vendor might, however, use general terms of com- mendation without being bound to make them good.' The chief points which the vendor had to warrant were the health of the slave, especially freedom from epilepsy, and that he had not a ten- dency to thievery, running away, or committin" suicide.'' The nation of a slave was considered important, and had to be set forth by the vendor.' Slaves sold without any warranty wore at the time of sale a cap (pileus) upon their head." Slaves newly imported were generally preferred for com- mon woric : those who had served long were con- sidered artful (veleratores^) ; and the pertness and impudence of those born in their master's house {vernce : see above, p. 884) were proverbial (dctob procaces'^"). The value of slaves depended, of course, upon their qualifications ; but under the Empire, the in- crease of luxury and the corruption of morals led purchasers to pay immense sums tor beautiful slaves, or such as ministered to the caprice or whim of the purchaser. Eunuchs always fetched a very high price," and Martial" speaks of beauti- ful boys who sold for as much as 100,000 or 200,000 sesterces each (885/. 8s. id., and 1770/. 16s. 8d.). A morio or fool sometimes sold for 20,000 sester- ces." Slaves who possessed a knowledge of any art which might bring in profit to their owners also sold for a large sum. Thus literary men and doc- tors frequently fetched a high price," and also slaves fitted for the stage, as we see from Cicero's speech on behalf of Q. Roscius. Female slaves who might bring in gain to their masters by prosti tution were also dear : sometimes 60 minae were paid for a girl of this kind." Five hundred drachmae (perhaps at that time about 18/.) seem to have been a fair price for a good ordinary slave in the time of Horace." In the fourth century, a slave ca- pable of bearing arms was valued at 25 solidi or aurei." {Vid. Ahkdm, p. 129.) In the time of Jus- tinian, the legal valuation of slaves was as follows : common slaves, both male and female, were valued at 20 solidi apiece, and under ten years of age at half that sum ; if they were artificers they were worth 30 sohdi ; if notarii, 50 ; if medical men or midwives, 60 ; eunuchs under ten years of age were worth 30 solidi, above that age, 50, and, if they were artificers also, as much as 70." Female slaves, un- less possessed of personal attractions, were general- ly cheaper than male. Six hundred sesterces (about 5/.) were thought too much for a slave girl of indif- ferent character in the time of Martial," and two aurei or solidi were not considered so low a price for a slave girl {ancilla) in the time of Hadrian as to occasion doubt of her having come honestly into the hands of the vendor.'" We have seen that in the time of Justinian the legal value of female slaves was equal to that of males ; this may prob ably have arisen from the circumstance that the supply of slaves was not so abundant then as at 1. (Gell., iv., 2.— Propert., iv., 5, 51.)— 2. (Dig-. 21, tit. 1, s. 1. — Hor., Sat., ii., 3, 284.)— 3. (Dig. 21, tit. 1, s. 19, i 6.)-4. (Dig. 19, tit. 1, s. 13, 1) 4.— Cic, De Off., iii., 16, 17, 23.) -5. (Dig. 18. tit. 1, s. 43 ; 21, tit. 1, s 19.)— 6. (Cic, De Off., iii., 17.)— 7. (Dig. 21, tit. 1, s. 31, « 21.)— 8. (Gell., vii., 4.)— 9. (Ter., Heaut, v., 1, 16.)— 10. (Hor., Sat. ii., 6, 66.— Mart., i., 42 ; x., 3.)— U (Plin., vii., 89, 8. 40 )— 12. (iii., 62 ,■ xi., 70.)— 13. (Mart., viii 13.)— 14. (Sueton., De 111. Gramm.— Plin., H. N.. "il., 39, 5. 40 —15. (Plaut.,Pers.,iv.,4,113.)— 16. (Sat., ii., 7, 43.)— 17. (Cod Theod., vii., tit. 13, s. 13.)— 18. (Cod., vi., tit. 44, s. 3.)— 19. (ri , 66.)— 20. (Dig. 47, tit., 2, s. 76.) SERVbS. SERVUS. earlier V imes, aid that, therefore, recourse was had to propagation for keeping up the number of slaves. But under the Republic, and in the early times of the Emjrire, this was done to a very limited extent, as it was found cheaper to purchase than to breed slaves. Slaves were divided into many various classes : the first division was into public or private. The former belonged to the state and public bodies, and their condition was preferable to that of the com- mon slaves. They were less liable to be sold, and under less control than ordinary slaves : they also possessed the privilege of the testamenti factio to the amount of one half of their property (see above, p. 885), which shows that they were regarded in a different light from other slaves. Scipio, therefore, on the taking of Nova Carthago, promised 2000 ar- tisans, who had been taken piisoners, and were therefore to be sold as common slaves, that they should become public slaves of the Roman people, with a hope of speedy manumission, if they assisted him in the war.' Public slaves were employed to take care of the public buildings," and to attend upon magistrates and priests. Thus the aediles and qusestors had great numbers of public slaves at their command," as had also the triumviri noc- tumi, who employed them to extinguish fires by night.* They were also employed as lictors, jail- ers, executioners, watermen, &c. A body of slaves belonging to one person was called familia, but two were not considered suffi- cient to constitute a familial Private slaves were divided into urban (familia urlana) and rustic (fa- milia ruslica) ; but the name of urban was given to those slaves who served in the villa or country res- idence as weU as in the town house, so that the words urban and rustic rather characterized the nature of their occupations than the place where thsy served (uriana familia el ruslica non loco, sed geiisre distinguilur'). The familia urbana could therefore accompany their master to his villa with- out being called rustica on account of their remain- ing in the country. When there was a large num- ber of slaves in one house, they were frequently di- vided into decuriae :' but, independent of this divis- ion, they were arranged in certain classes, which held a higher or a lower rank according to the na- ture of their occupation. These classes are : Ordi- narii, Vulgares, Mediastini, and Quales- Quales ;' but it is doubtful whether the Literati, or literary slaves, were included in any of these classes. Those that were called Vicarii are spoken of above (p. 8S4). Ordinarii seem to have been those slaves who had the superintendence of certain parts of the housekeeping. They were always chosen from those who had the confidence of their master, and they generally had certain slaves under them. To this class the adores, procuratores, and dispensatores belong, who occur in the famiha rustica as well as the familia urbana, but in the former are almost the same as the villici. They were stewards or bail- iffs.' To the same class also belong the slaves who had the charge of the different stores, and who con'espond to our housekeepers and butlers : they are called cellarii, promi, condi, procuratores peni, 4-c. {Yid. Cella.) Vulgares included the great body of slaves in a iiouse who had to attend to any particular duty in the house, and to minister to the domestic wants of their master. As there were distinct slaves or a distinct slave for almost every department of household economy, as bakers (pistores), cooks {co- gui), confectioners {dulciarii), picklers {salmentara), &c., it is unnecessary to mention these more par- ticularly. This class also included the porters {oa- tiarii), the bedchamber slaves (,md. CnBicuLAnii), the litter-bearers (lecticarii) (vid. Leotioa), and al. personal attendants of any kind. Mediastinii. {Yid. Mediastini.) Quales- Quales are only mentioned in the Digest,' and appear to have been the lowest class of slaves, but in what respects they differed from the medias- tini is doubtful : Becker'' imagines they may have been a kind of slaves, gualiguali conditione viv!,nles, which, however, does not give us any idea of their duties or occupations. Literati, literary slaves, were- used for various purposes by their masters, either as readers {anor gnostce) {vid. Acboama), copyists or amanuenses (vid. LiBRARii, Amanuensis), &c. Complete lists of all the duties performed by slaves are given in the works of Pignorius, Pompa, and Blair, referred to at the close of this article. The treatment of slaves, of course, varied greatly according to the disposition of their masters, but they appear, upon the whole, to have been treated with greater severity and cruelty than among the Athenians. Originally the master could use the slave as he pleased: under the Republic the law does not seem to have protected the person or life of the slave at all, but the cruelty of masters was to some extent restrained under the Empire, as has been stated above (p. 883). The general treatment of slaves, however, was probably little affected by legislative enactments. In early times, when the number of slaves was small, they were treated with more indulgence, and more like members of the family ; they joined their masters in offering up prayers and thanksgivings to the gods," and partook of their meals in common with their masters, though not at the same table with them, but upon benches {suhsellia) placed at the foot of the lectus. But with the increase of numbers and of luxury among masters, the ancient simplicity of manners was changed : a certain quantity of food was allow- ed them {dimensum or demensum), which was grant- ed to them either monthly (menstrtmm^) or daily {diarium'). Their chief food was the corn called far, of which either four or five modii were granted them a month,' or one Roman pound (libra) a day.' They also obtained an allowance of salt and oil : Cato' allowed his slaves a sextarius of oil a month, and a modius of salt a year. They also got a small quantity of wine, with an additional allow, ance on the Saturnalia and Compitalia,'" and some- times fruit, but seldom vegetables. Butcher's meat seems to have been hardly ever given them. Under the Republic they were not allowed to serve in the army, though after the battle of Can- nae, when the state was in such imminent danger, 8000 slaves were purchased by the state for the army, and subsequently manumitted on account of their bravery." The offences of slaves were punished with sever- ity, and frequently the utmost barbarity. One cf the mildest punishments was the removal from the familia urbana to the rustica, where they were obliged to work in chains or fetters.'" They were frequently beaten with sticks or scourged with the whip (of which an account is given under Flaobbm) ; but these were such every-day punishments that many slaves ceased almost to care for them . thus Chrysalus says," 1. (1. c.)— 2. (GaUus, i., p. 125.)— 3. (Hor., Ep., ii., 1. 142.; —4. (Plut., Coriol., 24.)— 5. (Plaut., Stich., i., 2, 3.)— 6. (Hot., Ep., i., 14, 41.— Mart., xi., 108.)— 7. (Dooat. in Ter., PhomiT i. 1, 9.— Sen., Ep., 80.)-8. (Hor., Sat., i., 5, 69.)— 9. (R. B., 58 ) —10. (Cato, De Re Bnst., 57.)— 11. (Liv., Jcxii., 57 ; xxiv., 14-16.) — 12. (Plant., Most., i., 1, 18. — Ter., Phorm., ii., 1, 20.) — 18 (Plant., Bacchid., ii., 3, 131.) 887 SESELI SESTERTIUS. '' Si tin iunt virga ruri, at mihi tergum estdomi." Runaway slaves {fugitiyi) and thieves %fures) were branded on the forehead with a mark (stigma), whence they are said to be notati or inscripii.'- Slaves were also punished by being hung up by their hands with weights suspended to their feet,' or by being sent to work in the Ergastulura or Pis- trinum. (Ft'ii. Ergastdlum, Mola.) The carrying of the furca was a very common mode of punish- ment. {Vid. FuECA.) The toilet of the Roman la- dies was a dreadful ordeal to the female slaves, who were often barbarously punished by their mistresses for the slightest mistake in the arrangement of the hair or a part of the dress.' Masters might work their slaves as many hours in the day as they pleased, but they usually allowed ihem holydays on the public festivals. At the festi- val of Saturnus in particular, special indulgences were granted to all slaves, of which an account is given under Saturnalia. There was no distinct- ive dress for slaves. It was once proposed in the senate to give slaves a distinctive costume, but it was rejected, since it was considered dangerous to show them their number.* Male slaves were not allowed to wear the toga or bulla, nor females the stola, but otherwise they were dressed nearly in the same way as poor people, in clothes of a dark colour {pullattj and slippers (crepida) (veslis senilis^). The rites of burial, however, were not denied to slaves ; for, as the Romans regarded slavery as an institution of society, death was considered to put an end to the distinction between slaves and free- men. Slaves were sometimes even buried with their musters, and we find funeral inscriptions ad- dressed to the Dii Manes of slaves (Dis Manibus). It seems to have been considered a duty for a mas- ter to bury his slave, since we find that a person who buried the slave cf another had a right of ac- tion against the master for the expenses of the fu- nera.." In 1726 the burial vaults of the slaves be- longing to Augustus and Livia were discovered near the Via Appia, where numerous inscriptions were found, which have been illustrated by Bianchini and Gori, and give us considerable information respect- ing the different classes of slaves and their various occupations. Other sejmlchreta of the same time have been also discovered in the neighbourhood of Rome.' *SES (ffi7f), " a term generally supposed to sig- nify the Tinea of the Latins, i. «. , the Book-worm, but used by Aristotle in a more extended sense. That said to be formed in wax would appear to be the Phalcena cereana ; that formed in wood (called by him d/tapj) is the Tennes fatalis, or White Ant ; that formed among clothes is probably the Phalana sarcitella. Others, says Schneider, hold them to be the Tinea vestinella, T. pellinella, and T. mellonella. It IS to be borne in mind that the Tinea form a di- vision of the genus Phalana."' *SES'AMUM (a^aafiov), the Sesamum Orientale, or Eastern Oily-grain. " SESCUNX. (Vid. As, p. 110.) *SES'ELI (ffcuEAt), a plant, of which Dioscorides describes three species, the Seseli Massiiiense, S. JEihiopicum, and S. Peloponnesiacum. " The aiae^i of Galen is the first of these. The ooteAj of Theo- phrastus is the same as the ropSiXiov, namely, the TtrdyUium officinale, or Hartwort. The alliance between the aeaelt. and tordyllium is pointed out 1. (Mart., viii., 75, 9.)— 2. (Plaut., Asin., u., 8, 37, 38.)— 3. (Ovid, Am., i., 14, 15. —Art. Amat., iii,, 235. —Mart., li., f)6 — Juv., «., 498, &e.)—i. (Sen., De Clem., i.,24.)— 5. (Cio. in Pis., as.)- 6. (Dig. 11, tit. 7, s. SI.)--?. (Pignorius, De Servis el eorum apud Vet. Minist.— Popma, De Operis Servorum.— Blair, An Inipiiry into the State of Slavery among the Romans, Edinb., 1833.— Becker, Gallus, i., p. 103, ifco,)— 8. (Aristot., H. A., v., S6.— Adams, Append., s. v.)— 9. (Dioscoc, ii., 121.— Theophr., U. P., i., 11.) SS8 by Dioscorides and Pliny. According to Stejjiens Alston, and others, the popular name of the Sejet Massiiiense is 'Hard Meadow Saxifrage,' but its Scientific name is Seseli tortuosum. This species is the ' Sil Gallicus' of Apicius. It is also called ' Sil' by Celsus. Dr. Milligan, however, confounds it with the Sil Atticum, a sort of red ochre, whioli was never used for medicinal purposes. Sprenge. follows Anguillara in referring the S. Jllhiopicum to the Bupleurum fruticosum, and Matthiolus in hold- ing that the Peloponnesiacum is the Ligusticum Pel- oponnesiaciim."^ SESTE'RTIUS, a Roman coin, which properly belonged to the silver coinage, in which it was one fourth of the denarius, and therefore equal toaj asses. Hence the name, which is an abbreviation of semis tertius (sc. nummus), the Roman mode of expressing 2^.' The word numwMs is often ex- pressed with scii!erft'«s, and often it stands alone, meaning sestertius. Hence the symbol H S or I I S, which is used to designate the sestertius. It stands either for LL S {Libra Libra et Semis), or for 1 1 S, the two I's merely forming the numeral two (sc. asses or libra), and the whole being in either case equivalent toda- pondius et semis.^ . When the as was reduced to half an ounce, andthe number of asses in the denarius was made sixteen instead often (Vid. As, Denarius), the sestertius was still i of the denarius, and therefore contained no longer 2^, but 4 asses. The old reckoning of 10 asses to the denarius was kept, however, in paying the troops.* After this change the sestertius was coined in brass as well as in silver ; the metal used for it was that called auriclialcum, which was much finer than the common jEs, of which the asses were made.' The sum of 1000 sestertii was called seslertium. This was also denoted by the symbol H S, the ob- vious explanation of which is "IIS (2^) millia ;" but Gronovius understands it as SJ pounds of silver (sestertium pondus argenti), which he considers to have been worth originally 1000 sestertii, and there- fore to have represented this value ever after." The sestertium was always a sum of money, never a coin ; the coin used in the payment of large sums was the denarius. According to the value we have assigned to the Denarius up to the time of Augustus, we have £. s. d. farth. the sestertius =0 2-5 the sestertium=8 17 1 after the reign of Augustus : the sestertius =0 13-5 the sestertium^7 16 3 The sestertius was the denomination of mon- ey almost always used in reckoning considerable amounts. There are a very few examples of the use of the denarius for this purpose. The mode of reckoning was as follows : Sestertius=^sesterttus nummus:=nummus. Sums below 1000 sestertii were expressed by the numeral adjectives joined with either of these forms. The sum of 1000 sestertii=mJZ/e sestertii=M. sen- tertium (for sestertiorum) :=M nummi=-M nummum (for nummortim) =^M sestertii jnimmi=M sestertium nummum=:sestertium. These forms are used with the numeral adjectives below' 1000 ; sometimes millia is used instead of sestertia ; sometimes both words are omitted ; sometimes nummum or sestet' tium is added. For example, 60(),000 sestertii= 1. (Theophr., H. P„ ix., 15.— Dioscor., iii., 33-35.— Cel^ns, T , 23.— Adams, Append., s. v.)— 2. (VaTio, L. L, v., 173, ed. Mttl- ler.— FestuB, s, v.— Plin., H. N., xxxi ' , 13.)— 3. (Priscian, D« Pojider.,p.l347.— restus,p.347, Mullcr.)— 4. (Plin.,H N.,1 o ■5. (Pbn., H. N.,xxxiv.,2.)— 6. (Peo.Vet,,i.,4, ll.> SESTERTIUM. SHIPS. nscenta sestertta=^escenta millia=:sescenta=sescen- la sestertia nummum. For sums of a thousand sestertia (t. e., a million sMtertii) and upward, the numeral adverbs in ies (deaes, undecies, vicies, <^c.) are used, with which the words centena millia (a hundred thousand) must be understood. With these adverbs the con- racted genitive plural sesleTtium (for sestertiorum) is joined in the case required by the construction. Thus, deciej sestertium^decies centena millia ses- terlium'=ten times a huvdred thousand sestertii^ 1,000,000 sestertii=1000 sestertia: millies H S= mtllies centena millia seste^tium=^a thousand times )ne hundred thousand sestertia=100,000,000 ses- /er(»=100,000 sestertia. When an amount is de- scribed by more than one of these adverbs in ies, they must be added together if the larger numer- al stands first, but multiplied when the smaller is first ; care, however, being taken not to reck- on the centena millia which is understood more than once in the whole amount. Thus Suetonius' has millies et quingenties for 150,000 sestertia, i. e., 100,000,000+50,000,000=150,000,000 sestertii, and immediately after quaterdecies millies for 1,400,000 sestertia, i. e., 14x1000x100,000 (=1,400,000,000) sestertii. A variety was allowed in these forms : thus Cicero uses decies et octingenta millia for 1800 sestertia, i. e., 1,000,000 -|- 800,000 sestertii, and quaterdecies for 1400 sestertia, i. e., 14x100,000 ses- tertii.^ WTien the numbers are written in cipher, it is often difficult to know whether sestertii or sestertia are meant. A distinction is sometimes made by a line placed over the numeral when sestertia are in- tended, or, in other words, when the numeral is an adverb in ies. Thus HS . M. C .=1100 sestertii; hut ES . M. C.=HS millies centies =110,000 sestertia=l 10,000,000 ses- tertii. VViirm (p. 24) gives the following rule : When Ihe numbers are divided into three classes by points, the right-hand division indicates units, the second thousands, the third hundreds of thousands. Thus, III. XII. DC =300,000+12,000-1-600=312,600 ses- tertii. But these distinctions are by no means strictly observed in the manuscripts. Like other parts and multiples of the as, the ses- tertius is applied to other kinds of magnitude, e. g., pes sestertius for 2J^ feet. {Vid. Pes.) Sister ce is sometimes used as an English word. If so, it ought to be used only as the translation of sestertius, never of sestertium. SEVIR. (Vid. Eqottes, p. 418.) SEX SUFFRA'GIA. {Vid. Equites, p. 416.) SEXTANS. (Vid. As, \>. in.) SEXTA'RIUS, a Roman dry and hquid measure, which may be considered one of the principal measures in the Roman system, and the connecting point between it and that of the Greeks, for it was equal to the fccrnyf of the latter. It was one sixth of the congius, and hence its name. It was divided, in the same manner as the As, into parts named uncia, sextans, quadrans, triens, quincunx, scmissis, 4e. The uncia, or twelfth part of the sextarius, was the Cyathus ; its sextans was therefore two cyathi, its quadrans three, its triens four, its quin- cunx five, &c.' The following '.able exhibits the principal Roman liquid measures, with their contents in the Enghsh imperial measure. The dry measures, which are nearly the same, have been given under Mooiaa. 1. (Octav., 10...)— 2. (in Verr., 11., i., 3».)— 3. (Warm, De Pond., U Scztarii. GalTa. Piati Culeus, lontaining 960 118 7-546 Amphora, " 48 5 7577 Urna, " 24 2 7-788 Congius, " 6 5-9471 Sextarius, " 1 -9911 Hemina, " i -4955 Quartarius, " i -2477 Acetabulum, " ^ -1238 Cyathus, " tt '•'^25 Ligula, " jij -0206 SEXTULA, the sixth part of the uncia, was the smallest denomination of money in use among tha Romans.' It was also applied, like the uncia, to other kinds of magnitude. (Vid. Uncia.) SHIPS (vavc, nXolov, navis, navigium). The be- ginning of the art of ship-building and of naviga- tion among the Greeks must be referred to a time much anterior to the ages of which we have any record. Even in the earliest mythical stories long voyages are mentioned, which are certainly not al- together poetical fabrications, and we have every reason to suppose that at this early age ships were used which were far superior to a simple canoe, and of a much more complicated structure. The time, therefore, when boats consisted of one hollow tree (Monoxyla), or when ships were merely rafts (Rates, axt&Lai) tied together with leathern thongs, ropes, and other substances,- belongs to a period of which not the slightest record has reached us, although such rude and simple boats or rafts con- tinued occasionally to be used down to the latest times, and appear to have been very common among several of the barbarous nations with which the Romans came in contact.' (Vid. Codex, Lin- TEK.) Passing over the story of the ship Argo and the expedition of the Argonauts, we shall proceed to consider the ships as described in the Homeric* poems. The numerous fleet with which the Greeks sailed to the coast of Asia Minor must, on the whole, be regarded as sufficient evidence of the extent to which navigation was carried on in those times, however much of the detail in the Homeric descrip- tion may have arisen from the poet's own imagina- tion. In the Homeric catalogue it is stated that each of the fifty Bceotian ships carried 120 war- riors,* and a ship which carried so many cannot have been of small dimensions. What Homer here states of the Boaotian vessels applies more or less to the ships of other Greeks. These boats were provided with a mast (icrrof), which was fast- ened by two ropes (r^porovoi) to the two ends of the ship, so that, when the rope connecting it with the prow broke, the mast would fall towards the stern, where it might kill the helmsman." The mast could be erected or taken down as necessity required. They also had sails (inTia), but only a half- deck ; each vessel, however, appears to have had only one sail, which was used in favourable wind ; and the principal means of propelling the vessel lay in the rowers, who sat upon benches (Kknt&e^). The oars were fastened to the side of the ship with leathern thongs (rpimoX Sep/idrivoi'), in which they were turned as a key in its hole. The ships in Homer are mostly called black (iieXaivai), probably because they were painted or covered with a black substance, such as pitch, to protect the wood against the influence of the water and the air; sometimes other colours, such as /tiXrof, minium (a red colour), were used to adorn the sides of the 1. (VaiTO, L. Lat., v., 171, ed. Muller.)— 2. (Plin , II. N., vii , 57.)— 3. (Compare Quintil., x., 2. — Flor., iv., 2. — Festus, s. » Schedia.— Liy.,iii., 26.) — 4. (11., ii., 510.) — 5. (Od., xii., «B &o.)— 6. (Od., iv., 78?.) 889 SHIPS. smps BiiiDS near the prow, whence Homer occasionally calif! ships litXTowdpyoi, i. e., red-cheeked ;' they were also painted occasionally with a purple colour (ipoiviKoirdpyoL'). When the Greeks had landed on the coast of Troy, the ships were drawn on land, and fastened at the poop with a rope to large stones, which served as anchors.^ {Vid. Angora.) The Greeks then surrounded the fleet with a fortifica- tion to secure it against the attacks of the enemy. This custom of drawing the ships upon the shore, when they were lut used, was followed in later times also, as every one will remember from the accounts in Caesar's Commentaries. There is a celebrated but difficult passage in the Odyssey,* in which the building of a boat is described, although not with the minuteness which an actual ship- builder might wish for. Odysseus first cuts down with his axe twenty trees, and prepares the wood for his purpose by cutting it smooth and giving it the proper shape. He then bores the holes for nails and hooks, and fits the planks together, and fastens them with nails. He rounds the bottom of the ship like that of a broad transport vessel, and raises the bulwa!rk (t/tpja), fitting it upon the numerous ribs of the ship. He afterward covers the whole of the outside with planks, which are laid across the ribs from the keel upward to the bulwark ; next the mast is made, and the sailyard attached to it, and lastly the rudder. When the ship is thus far com- pleted, he raises the bulwark still higher by wicker- work, which goes all around the vessel, as a protec- tion against the waves. This raised bulwark of wickerwork and the like was used in later times also.' For ballast, Odysseus throws into the ship vXri, which, according to the scholiast, consisted of wood, stones, and sand. Calypso then brings him materials to make a sail of, and he fastens the viripai or ropes, which run from the top of the mast to the two ends of the yard, and also the kuAoi, with which the sail is drawn up or let down. The wode^ mentioned in this passage were undoubtedly, as in Ja'ar times, the ropes attached to the two lower corners of the square sail." The ship of which the building is thus described was a small boat, a axe&ia, as Homer calls it ; but it had, like all the Homeric ships, a round or flat bottom. Greater ships must have been of a more complicated structure, as ship- builders are praised as artists.' In the article Ceruohi, p. 234, a representation of two boats is given, which appear to bear great resemblance to the one of which the building is described in the Odyssey." It is a general opinion that in the Homeric age sailors did not venture out into the open sea, but that such was really done is clear from the fact that Homer makes Odysseus say that he had lost sight of land, and saw nothing but the sky and water,* although, on the whole, it may be admitted that, even down to the later historical times, the navigation of the ancients was confined to coasting along the shore. Homer never mentions engage- ments at sea. The Greeks most renowned in the heroic ages as sailors were the Cretans, whose king, Minos, is said to have possessed a large fleet, and also the Phasacians.'" After the times of the Trojan war, navigation, and with it the art of ship-building, must have be- come greatly improved, on account of the establish- ment of the numerous colonies on foreign coasts, and the increased commercial intercourse with 1. (U., ii 63".— Od., ix., 125.)— 2. (Od., xi., 124.)— 3. (Mos- chop adn., i., 436.)— 4. (v., 243, &c.)— 5. (Euslath. ad Od., v., 256.) — 6. (Compare Nitzsch, Anmerlc. zu Odyss., vol, ii., p. 35, &c.— Ukert, Beraerk. uber Horn. Geogr., p. 20.)— 7. (II., y., 60, »., Pan 1105.) SHIPS. SHIPS. H the highest pay. Thirdly, In the monstrous reaaa- f. poKovT^ptic bf Ptolemaeus Philopator, the description ^ of which by Callixenus' is as authentic as it well j( can be, the height of the ship from the surface of ,1 the water to the top of the prow {&KpoaT6i,i.ov) was L 48 cuVits, and from the water to the top of the stern , (o^XaffTO) 53 cubits. This height afforded sufficient J room for forty ranlcs of rowers, especially as they ■ did not sit perpendicularly above one another, but one rower, as may be seen in the above representa- I tion of a bireme, sat behind the other, only some- what elevated above him. The oars of the upper- ' most ordo of rowers in this huge vessel were 38 cubits long. ' In ordinary vessels, from the moneris up to the quinqueremis, each oar was managed by one man, which cannot have been the case where each oar was 38 cubits long. The rowers sat upon little benches attached to the ribs of the vessel, and call- ed id6?,ia, and in Latin fori and translra. The low- est row of rowers was called iJa;^a/iof, the rowers themselves ^akafitTai or iJa/lajtuoj." The uppermost ordo of rowers was called ■&pdvog, and the rowers themselves ^pavtrai.' The middle ordo or ordines of rowers were called ^vya, ^vyioi, or fuyfroj.* Each of this last class of rowers had likewise his own seat, and did not, as some have supposed, sit upon benches running across the vessel.' We shall pass over the various things which were necessary in a vessel for the use and maintenance of the crew and soldiers, as well as the machines of war which were conveyed in it, and confine our- selves to a brief description of things belonging to a ship as such. All such utensils are divided into wooden and hanging gear (aKeir/ ^iTuva and okcv^ Kotiian-u*). Xenophon' adds to these the aicevri irXtKTa, or the various kinds of wickerwork, but these are more properly comprehended among the hpsjxauTti. I. 2/c«j7? ^v2,iva. 1. Oars {icCnrai, remi). — The collective term for oars is rafijibg, which properly signified nothing but the blade or flat part of the oar ;' but was afterward used as a collective expression for all the oars, with the exception of the rudder.' The oars varied in size accordingly as they were used by a lower or higher ordo of rowers ; and from the name of the ordo by which they were used, they also received their especial names, viz., KUTtai, ^aXufuai, ^vyiai, and OpavirtdBs. Bdckh'" has calculated that each trireme, on an average, had 170 rowers. In a quin- quereme during the first Punic war, the average number of rowers was 300 ;" in later times we even find as many as 400." The great vessel of Ptole- maius Philopator had 4000 rowers," and the handle of each oar (iyxeipidiov) was partly made of lead, that the shorter part in the vessel might balance in weight the outer part, and thus render the long oars manageable. The lower part of the holes through which the oars passed appear to have been covered with leather (uaKafio), which also extended a little way outside the hole.'* The Taftj)6( also contained the 7repive(^, which must, consequently, be a partic- ular kind of oars. They must have derived their name, hke other oars, from the class of rowers by whom they were used. Bockh supposes that they were oars which were not regularly used, but only 1 (ap. Athen.. v., p. 203, &c.) — 2. (Snhol. ad Aristoph., Acham., 1106.)— .i. (Thncyd., vi., 31.)— 4. (PoEux, Onom., i., 9.)— 5. (Bockh, TJrkund., p. 103, &c.) — 6. (Pollux, Onom., x., 13.— Athen., i.,p.27.)— 7. ((Econ., viii., 12.)— 8. (Herod., viii., 12.— Pollux, Onom., i., 90.)— 9. (Eurip., Iph. Taur., 1346.— Id., Hel., 1S44.— Polyb., xvi., 3.)— 10. (trk., p. 119.)— 11. (Polyh., i., 26.) — 12. (Plin., xxxii., 1.) — 13. (Athen., v., p. 204.) — 14. (Aristoph., Acham., 97, with the schoL— Schol. ad Ran., 367. — Saidas, s. v. ^AcKWfmTa and 5i men might be safe against the darts of the enemy. These elevations of the bulwark are called Tropaii. (ivjiaTa, and in the documents in Bockh they are either called rplxiva, made of hair, or ?i,EVKd, white. They were probably fixed upon the edge on botli sides of the vessel, and were taken off when not wanted. Each galley appears to have had several TrapafifiifiaTa, two made of hair and two white ones these four being regularly mentioned as belonging to one ship.' 5. ¥iaTa.6%riiia and vKoS^fia. The former of these occurs in quadriremes as well as in triremes, the latter only in triremes. Their object and na- ture are very obscure, but they appear to have been a lighter kind of napd^fw/ia." 6. S;);oiv(a are the stronger and heavier kinds of ropes. There were two kinds of these, viz., the axoivla dynvpeia, to which the anchor was attached, and axoivia imi'va or kmyeia (retinacula), by which the ship was fastened to the shore or drawn upon the shore. Four ropes of each of these two kinds is the highest number that is mentioned as belong- ing to one ship. The thick ropes were made of several thinner ones.' The Romans, in the earlier periods of their his- tory, never conceived the idea of increasing theii power by the formation of a fleet. The time when they first appear to have become aware of the im- portance of a fleet was during the second Samnite war, in the year B.C. 311. Livy,* where he men- tions this event, says : duumviri navales classis or- nandrs rcficiendceque causa were then for the first time appointed by the people. This expression seems to suggest that a fleet had been in existence before, and that the duumviri navales had been pre- viously appointed by some other power. (Fid. Dii% uMviRi.) Niebuhr'' thinks that the expression of Livy only means that at this time the Romans re- solved to build their first fleet. The idea of found- ing a navy was probably connected with the estab- lishment of a colony in the Pontian islands, as the Romans at this time must have felt that they ought not to be defenceless at sea. The ships which the Romans now built were undoubtedly triremes, which were then very common among the Greeks of Italy, and most of them were perhaps furnished by t.'ie Italian towns subject to Rome. This fleet, howev- er insignificant it may have been, continued to be kept up until the time when Rome became a real maritime power. This was the time of the first Punic war. That their naval power until then was of no importance, is clear from Polybius,' who speaks as if the Romans had been totally unac- quainted with the sea up to that time. In the year B.C. 260, when the Romans saw that without a navy they could not carry on the war against Car- thage with any advantage, the senate ordained that a fleet should be built. Triremes would now have been of no avail against the high-bulwarked vessels (quinqueremes) of the Carthaginians. But the Ro- mans would have been unable to build others, had not, fortunately, a Carthaginian quinquereme been wrecked on the coast of Bruttium, and fallen into their hands. This wreck the Romans took as their model, and after it built 120,' or, according to oth- ers,' 130 ships. According to Polybius, one hun- dred of them were ■Kevrfipeii;, and the remaining twenty Tpiijpeig, or, as Niebuhr proposes to read, 1. (Xen., Hell., i., 6, I, 19.— BiSckh, 159, &c.)— 2. (Poly»n. Strat., iv., 11, 13.— BOokh, p. 160, iov), a kind of Laserpitium or Asafcetida, forming one of the chief natural pro- ductions of Cyrenaica. It was fattening for cattle, rendering their flesh also tender, and was a useful aperient for man. From its juice, too, when knead- ed with clay, a powerful antiseptic was obtained. The silphium formed a great article of trade, and at Rome the composition just mentioned sold for Its weight in silver. It is for this reason that the silphium appeared always on the medals of Cyrene. Its culture was neglected, however, when the Ro- mans became masters of the country, and pasturage was more attended to. Captain Beechy, in the course of his travels through this region, noticed a plant about three feet in length, very much resem- bling the hemlock or wild carrot. He was told that it was usually fatal to the camels which ate of it, and that its juice was so acrid as to fester the flesh, if at all excoriated. He supposed it to be the sil- phium. Delia Cella describes, apparently, the same production as an umbelliferous plant, with com- pound, indented leaves, fleshy, delicate, and shining, without any involucrum ; the fruit being somewhat flattened, surmounted by three ribs, and furnished all round with a membrane as glossy as silk. Cap- tain Smith succeeded in bringing over a specimen of the plant, which is said to be now thriving in Devonshire. M. Pacho says that the Arabs call it Derias, and he proposes to class the plant as a spe- cies of Laserwort, under the name of Laserpitium derias. It seems to resemble the Laserpitium ferulaceum of Linnseus." *S1LU'RUS (CTjAoupof), the name of a numerous genus of fishes, the species Glanis belonging to which inhabits the fresh waters of Europe, Asia, and Africa. It is the Scheid of the Germans, and the Sheat-fish of the English, and is the largest of the fresh-water fishes of Europe, growing some- times to the weight of 150 lbs. and upward. " The silurus of Ausonius," says Adams, " has been re- ferred by some to the sturgeon ; this opinion, how- ever, is untenable. It is a voracious fish, and is found in the Elbe, the Vistula, the Rhine, and the Danube. It is therefore natural to suppose that mention of it would have been made among the fishes of the Moselle, which forms the subject of Ausonius's poem, the Moselle being a branch of the Rhine.'" SILVA'NI ET CARBO'NIS LEX. (Vid. Lex 'Papieia Plahtia, p. 584.) / *SIM'IA {mBrjKog), the 4pe. BufTon, treating of monkeys, says, " The ancients were only acquaint- ed with one, the Pithecos of the Greeks ; the Simia of the Latins is of this kind, arid the real monkey. Oh which Aristotle, Pliny, and Galen have institu- ted air their physical comparisons, and founded all their relations of the monkey to mankind : but this Pithecos, this monkey of the ancients, so generally resembling man in external form, and still more so in its internal organization, nevertheless difl'ers from it in an essential point, the size of the human species being generally above five feet, while that of the pithecos is seldom more than a fourth of that height." So far Buffon. " I am inclined to think, however," rejnarks Adams, "that the species of baboon called Papia maimon, or Mandril, answers best to thfe ancient accounts of the pithecos. It is 1. (Moore's Anc. Mineral., p. 87.) — 2. (Theophr., H. P., vi., 3.^-Dibscor:, iii., 84. — Anthon's Class. Diet., s. v. Cyrenaica.) — J. ( JElian, N. A. lii., 29.— Aristot., H. A , ii., 13.— Plin., H. N., ix , 15. — Adams, Append , «. v 1 S9S proper to mention, nowever, that Dr. Tiail hold? that Aristotle's description of the pithecos applies best to the young Barbary ape, or Simia Inrms. The K^fof.was a species of monkey having a long tail. The KwoKi^aXo^ would appear to have been the species of monkey now called Magot, wliich is the adult Simia Innus, L., or Barbary ape. Buflbn refers the xaXKidpi^ to the green ape ; but, accord- ing to Dr. Trail, it may rather be set down as the Simia sabcea of Senegal. The /cepicom'fl^icof was'a monkey with a tail, as its name implies. HardoqJD refers it, with little probability, to the Marmot. The XoipomBr/Ko; of Aristotle cannot be determined sat- isfactorily. Pennant supposes Ihe Simia senex V' i representative of the ancient adrvpo^, but Dr. T /■'. supposes it rather some species of large baboo ' ' ♦SINAPI {txivnm). Mustard. (Vid. Napy.) SINDON. (Vid. Pallium, p. 718.) *SINO'PICA TERRA (itvomKv yij). Si: pie Earth, a species of red ochre. According tc -Cfir John Hill, the " Rubrica Sinopica was a de ise, heavy, firm substance, of a deep red colour, sliin ing the fingers on handling, and of a styptic, as- tringent taste." From Tournefort's account of it, there can be no doubt, as Adams thinks, that it owes its colour tr. an admixture of iron.' *SION (,aiov), a plant, of which Speusippus (cited by Adams) says that it grows in water, having a head like the Marsh Parsley. Sprengel inclines, with Fuchsius, to make it the Veronica anagallis but mentions that others took it for the Sium lati- folium or angustifolium. Dierbach makes it the Sium modiflorum, or procumbent Water Parsnip.' SIPA'RIUM, a piece of tapestry stretched on a frame, which rose before the stage of the theatre, and consequently answered the purpose of the drop-scene with us, although, contrary to our prac- tice, it was depressed when the play began, so a« to go below the level of the stage {aulasa premuth tur^), and was raised again when the performanc« was concluded {tolluntur'). From the last-cited pas- sage we learn that human figures were represented upon it, whose feet appeared to rest upon the stage when this screen was drawn up. From a passage of Virgil' we farther learn that the figures were sometimes those of Britons woven in the canvass, and raising their arms in the attitude of lifting up a purple curtain, so as to be introduced in the same manner as Atlantes, Persae, and Caeyatides. In a more general sense, siparium denoted any piece of cloth or canvass stretched upon a frame.' {Vid. Painting, p. 702.) *SI'RIUS (SejpiOf) and PRO'CYON (UpoKvav), " the Greek names of the bright stars in the con- stellations of the Great and Little Dog (Canis Ma- jor and Minor). These are Orion's dogs, accord- ing to some, and those of minor personages ac cording to others : the whole of their mythic ex planations form a strong proof that these constella- tions are not Greek in their origin. In a passage of Hesiod, he has been supposed to speak of the sun under the name of Sirius ; and Hesychius de fines the word to mean both the sun and the dog star. The Egyptians called the dog-star Solhis, and from its heliacal rising had warning that the overflow of the Nile was about to commence. Now the overflow of the Nile follows the summer solstice ; whereas, by the precession of the equi- noxes, the heliacal rising of Sirius is now about the tenth of August. The greatest heats of sum- 1. (Hardouin ad Plin., H. N., viii., 80.— Aristot., H. A., ii., 7. — Adams, Append., s. v.)^2. (Theophr., De Lapid., c. 98. — Dioscor.,v., iii. — Adams, Append., s. v.) — 3. (Dioscor., ii., 153. — Athen., ii., 19. — Adams, Append., s. v.) — 4. (Festus, s. v. — Cic, Prov. Cons., 6.— Juv., viii., 186.)— 5. (Hor., Epist., II., i., 189.) —6. (Ovid, Met., iii., 111-114.)— 7. (Georg., iii., 8S.)— S. (Q'lin- til., Ti., 1, « 3*.) SISTRUM. SITOS. mer generally foUow the summer solstice, and in .mcient times it was observed that the unheeilthy and oppressive period coincided with the heliacal rising of the dog-star. We say the dog-star, with- out specifying whether it was Sirius or Procyon ; it is uncertain which it was, and may have been both, for the heliacal risings do not differ by many days. The star itself was in Latin canicula, which should seem to apply to the lesser dog, and Hor- ace says, ^Jam Procyon fiifit,' &c. Pliny supports the same meaning of canicula, and perhaps Hygi- nas ; also the framers of the Alphonsine Tables, and Bede and Kepler among the moderns ; while Gennanicus and Julius Firmicus, with Apian, Mar- gini, Argoli, Stephens, and Petavius among the moderns, contend for Sirius, which is the more common opinion. AU antiquity ascribed an evil influence to the star : and though Geminus among the ancients, and Petavius among the moderns, thought that the effects were to be attributed to the sun alone, they had hardly any followers until the fall of judicial astrology. Even at this day, when the heats of the latter part of summer are excess- ive, we are gravely told that we are in the dog- days. The real classical dog-days are the twenty days preceding and the twenty days following the heliacal rising of whichever star it was, whether Sirius or Procyon.'" *SIS'ARUM (aitrapov). " Sprengel, who had formerly held this to be the Sium Sisarvm, in his last work declares himself a convert to the opinion of Fuchsius, who made it to be the Pastinaca satim, or Garden f arsnip."^ SISTRUM (adn-pov), a mystical instrument of music, used by the ancient Egyptians in their cer- emonies, and especially in the worship of Isis." It was held in the right hand (see woodcut), and sha- ken, from which circumstance it derived its name {ara repulsa manu''). Its most common form is Been in the right-hand figure of the annexed wood- eut, which represents an ancient sistrum formerly belonging to the library of St. Genovefa at Paris. Plutarch' says that the shaking of the four bars within the circular apsis represented the agitation of the four elements within the compass of the world, by which all things are continually destroy- ed and reproduced, and thatithe cat sculptured upon the apsis was an emblem of the moon. Apuleius' describes the sistrum as a bronze rattle (areum cre- pitaculum), consisting of a narrow plate curved like a sword-belt (balteus), through which passed a few jods that rendered a loud, shrill sound. He says . (Penny CyclopEedia, vol. xxii., p. 62.) — 2. (Dioscor., ii., 139. —Adams, Append., s. v.) — 3. (Ovid, Met., ix., 784. — Id., Amor., a., 13, U.— Id. ib., iii., 9, 34.— Id., De Ponto, i., 1, 38.)— 4. (Ti- taU., i., 3, 24.)— 5. (De Is. et Os., p. 670, 671, cd. Steph.)— 6. Wilt., i"., p. 1)9, 121, ed. Aid.) that these instruments were sometimes made of silver, or even of gold. He also seems to intimate that the shakes were three together (iergeminos ic- tus), which would make a rude sort of music. The introduction of the worship of Isis into Ita- ly, shortly before the commencement of the Chris- tian ffira, made the Romans familiar with this in strument. The " linigeri calvi, sistrataque turba,"' are exactly depicted in two paintings found at For tici,' and containing the two figures of a priest ol Isis and a woman kneehng at her altar, which are introduced into the preceding woodcut. The use of the sistrum in Egypt as a military instrument to collect the troops, is probably a fiction.' Sistrum, which is, in fact, like Soeptkhm, a Greek word with a Latin termination, the proper Latin term for it being crepitaculum, is sometimes used for a child's rattle.' . *SISYMB'RIUM (atmfiSpiov), a plant. " From the description," says Adams, "which Dioscorides gives of his first species, there can be no doubt that it was a species of mint, probably the Mentha syl- vestris, as Anguillara contends. The other species is unquestionably the Nasturtium officinale, or Wa- ter-cress."' ■ ♦SISYRINGHTON (aiaypvyxtov)- " Sprengei and Stackhouse make this plant to be the Iris Sisy- rinchium, in which opinion- they are supported by Cordus, Bauhin, and many of the earlier authorir ties. Schneider's objection appears to me too fine-spuii."' SITELLA. (Vid. Situla.) SITONAI {atTovai). (Vid. Sitos.) SITOPHYLACES (irtro^aa/cEf), a board of of- ficers, chosen by lot, at Athens. They were at first three, afterward increased to fifteen, of whom ten were for the city, five for the Piraeus. Their business was partly to watch the arrival of the corn-ships, take account of the quantity imported, and see that the import laws were duly observed ; partly to watch the sales of corn in the marke', and take care that the prices were fair and reason ■ able, and none but legal weights and measures used by the factors ; in which respect their duties were much the same as those of the agoranomi and metronomi with regard to other saleable arti- cles. ( Vid. Sitos.) Demosthenes refers to the en- try in the books of the sitophylaces (t^v wapa rolg oitoijivJmSiv avoypa^iiv) to prove the quantity of corn imported from Pontus, which (he says) was equal to all that came from elsewhere, owing to the liberality of Leucon, king of the Bosporus, who allowed corn to be exported from Theudosia to Athens free of duty.' "IThese books were probably kept by the five who acted for the Piraeus, whose especial business it would be to inspect the car goes that were unladen." SITOS ((TiTof ). The soil of Attica, though fa vourable to the production of figs, olives, and grapes, was not so favourable for com ; and the population being very considerable in the flourishing period of the Athenian republic, it was necessary to import corn for their subsistence. According to the cal- culation of Bbckh, which does not materially differ from that of other writers, there were 136,000 free men and 365,000 slaves residing in Attica. The country, which contained an area of 64,000 stadia, produced annually about two millions of medimni of corn, chiefly barley. The medimnus was about 1 bushel, 3 g^ons, and 5-75 pints, or 48 Attic ;);<'« I. (Malt:, m., 29.)— 2. (Ant. d Ereolano, t. ii., p. 309-320.)— 3. (Virg.,JEn.,viii.,696.— Prop6rt.,iii., 11,43.)— 4. (Mart., liv , 54.— Pollux, Onom., il., 127.)— 5. (Dioscor., ii., 154, 155.— The- ophr., ii., 1.— Nicand., Thor., 896. — Adams, Append., s. t.)^-6 (Theophr., II. P., i., 10 ; yii., 13.— Adams, Append., s. y.)— 7 (Demosth., c Leptin., 466, 467.) — 8. (Harpocr., &. v. Siro^f/Ao' «;.— Iliickh, Staatsh. der Athen., i., 52, 88-91.) aw SITQS. SITOU BIKE. tmec. A;rofv/f mas considered a fair daily aljQWr ance of meal (ruitfyriaia Tpa^fj) for a slave. , The oon- sumptiott of the whole popujation was three mlUioD medinmi,.!and one third, .therefore^, was imported. Ix Bame from the countries bordering on thei Euxine Sea (Pontus, as it was called by the Greeks), and more especially i from the Cim,merjan Bosporus and the' Thraciatt Chersonese ,; also.froin Syria, Egypt, Ijibyaj Cyprus, Rhodes, Sicily, and Euboea. The necessities of the Athenians, made them exceed- ingly anxious to secure a plentiful supply, and ev- ery precaution was taken for that .purpose: by the government as well' as, by; the legislator. Sunium was fortified, in .order\that the cornivessels (mrayu- yol oX«adef)' might eome safely round the: promon- tory. Ships of war were often employed to con- voy the cargo (ffapajre^TTstv TOW alrov) beyond the reach of an enemy.' When Pollis, the Lacedaemo- nian admiral, was statibned with his.fleet off.^gi- na, the Athenians embarked in- baste, under the command of Chabrias, and offered him battlCj in order that the corn-ships, which had arrived as far as Geraestus in^ Euboea, might get into the PiraeuSi' One of the principal objects of; Philip in his attack on Byzantium was that, by taking that city, he might command the entrance to the Euxme, andj so have it in his power to distress the Athenians in the corn-trade. Hence the great exertions made, by Demosthenes: to relieve the Byzantines, of the success of which he justly boasts.^ The measures taken by the legislature to obtain supplies of com may appear harsh, and their policy is at least doubtful, but they strongly evince the anxiety of the people on this subject. Exportation was entirely iprohibited, nor was any Athenian or resident alien allowed to carry corn to any oth- er place than Jvthens {airrfyslv uMmcc ii 'AdT/va^e). Whoever did; so was punishable with death.* Of the com brought into the Athenian port, two thirds: were to be brought into the city and sold there.' No one might lend money on aiship.that did not sail with an express condition to bring a return cargo, part of it com, to Athens. If any merchant, capitalist, or other person, advanced money, or en- tered into any agreement in contravention of these laws, not only was he liable to the penalty, but the agreement itself was null and void, nor could he recover any sum of money,, or bring any action in respeet thereof* Information against the, offend- ers was to be laid before the iveiielriTal tov iuno- pi'on.' , 'Strict regulations were made with .respect to the sale of corn in the market. .Conspiracies among the corn-dealers {aiTotrH^ai) to buy up the corn {ai/viMelaSat), or raise the, price {avviaTuvaj. ruf Ti/idc), were punished with death. They were not allowed to make a profit of more than one obol in the medimnus ; and it was unlawful to buy more than filiy. tjiop/ioi at a time It is not certain what the .size:.of a op/i6( was : Boekh supposes it to be about as much as a medimnus. These laws re- mind us of our own statutes against engrossing and regrating ; but they appear to have been easi- ly evaded by the corn-dealers.' The sale of corn was placed under the supervision of a special board of officers, called ffiTo^iiAa/ccf, while that of all oth- er marketable commodities was superintended by the agoranomi.' It was their business to see that meal and bread were of the proper quality, and sold at the legal, weight and price. They were bound to detect the frauds of the factor and theba- I. (Demosthenes, De Goron., 250, 251 i c. Polyel., 1211.)— 2. (Xeii., Holl;, v., 4, « 61.)— 3. (De Coron., 2S4, 307, 326.)— 4. (De- Diosth., cLPhorra., 918.— Lycurg., c. Leoon, 151, ed..Stepli.)— 5. (Harpocr., s.v. 'ETTRixe^TjTfis iuiropioVi)—^- (DeniQsth.,c. Lacrit., 941.)— 7. (Meier, Att. Free, 87.)— 8. {Vid. the speech of Lysias, Kara rmr ciTOTzwXm t— D.emosth., c..Dionysod.j l285.)^9i .(Lye., id., 165, cd. Steph.) « 900 ker, and ,(if ; we may belieye Lysias) they sqmj^ times suffered death for their want of vigilance The mpd^jsf proceeding against them was by doo) yeXia before the senate.' Notwi|hptandiBg these careful provisions, sea. cities ((747;od?(aOifi;equentiy occurred at Athens, ei ther from bad harvests, the misfortuneis of war, oi other accidental causes. The state then niad< great efforts to supply, the, wants, of the people bj importing large quanties of corn, and selling it at a low price. Public granaries were kept in, the Od^ um, Ppmpeum, Long I?orch, and naval storehousB near the sea,' SfTOvaj were appointed to. get in the supply and manage the sale. , Deaiosthenes was appointed on one occasion to that office.' Per- sons called aKodiKTai received the corn, measured it out, and distributed it in certain quantities.* Public-spirited individuals would sometimes, import grain at their own expense, and sell it at, a moderr ate price, or distribute it gratuitously."' We read of the Athenian state receiving presents of corn from kings; and princes. Thus Leucon, king of the Bosporus, sent a large present, for whiqh he had the .honour of areXeia (exemption from customs',du- ties) conferred on him by a decree of the people.' PsammeticuSj an Egyptian prince, sent a present in Olympj 83, 4, Demetrius in Olymp. 118, 8, Sparta- cus, king of Bosporus, a few years after. , In l^t^ timesi that made by the Roman Atticijsis well known. On the whole of this subject the reader is referred to Bockh,' where also he will figd the ya- rious/ prices of meal and bread at Athens, and oth er details, copiously explained. As to tbe duty pay- able ,on the importation of corn, see Pewtecoste. 2(,T0f is strictly wAeaijSo«r, uK^ira barley flour, nvpoi wheat, KpiBai parley, uproc wheat bread, fn'-Za barley bread. Sfrof, however, is often applied to all kinds of corn, and even, in a larger sense, to prO' visions in general. (Kjrf. 2ITOT AIKH.) 2IT0T AlKil ((jiTov SiKi/). The marriage portion (Trpoif) being intended as a provision for the wife, although it was paid to the husband by her father, brother, or other natural guardian (tip'Of), if any- thing happened to sever the marriage contract, the husband, or his representative, was bound to repay it ; or, if he failed to do so, he v/as liable to pay in- terest upon it at the rate of 18 per cent, per annum {in' ivvia oBo^ols Tci!o/), the Pleuronectes Solea, L., or Sole. "The LingiUaca of Festus and Varro is supposed to have been the Sole. By a play on the word, it is called adv6a7\,ovia the curious parody of Matron preserved by Athenaeus."' *SOLEN ((TuX^i'), '-' the nameofa testaceous fish mentioned by Aristotle, Galen, Xenocrates,, and Pliny, and called also aiAof, ovuf, and dwaf. ..Ac- cording to Rondelet, they are called Gape longieby the Italians, Couteaux by the French, and Pirota bythe English. Belon, however, gives them the name of Pi/oio, and Gesner of Bagfish. It is diffi- cult to determine what animal they point to. But is there any reason to doubt that the aakfiv of the Greeks belonged to the genus SoUn of modern nat- uralistsr!'". SO'LIDUS. (Fid: AuRUM, p. 129.) , 1 SOLITAURI'LIA. (Fid. Sacrificium, p. 846 LusTRATio, p. 604 ; and woodeufr^on p. 897.) . SO'LIUM. (Fid. Baths, p. 146.) SOPHRONISTiE. (Fid. Gymnasium, p. 483.) ♦SORBUM, the fruit of the Sorb or Service-tree {Vid. OoA.) *SOREX. (Fid. Mus.; SOROI (aopoi). {^Vid. Funus, p. 456.) SORTES, Lots. It was a frequent practica among the Italian nations to endeavour to ascertain a knowledge of future events by drawing lots {sor^ ixs): in many of the ancient Italian' temples the will of the gods was consulted in this way, as at Pr»- neste, Caere, .&c. ( Vid. Oracvlum, p. 693.) Re- specting the meaning of Sors, see Cicero." These sortes or lots were usually little tablets oi counters of wood or other materials; and were com- monly thrown into a sitella or urn' filled with water, as is explained under Sitella. The lots were some- times thrown like dice." The name of sortes was in fact given to anything used to determine chan- ces," and was also applied to any verbal response ol an oracle;" Various things were written upon the lots according to circumstances, as, for instance, the names of the persons using them, &c. : it seems to have been a favourite practice in later times to write the verses of illustrious poets upon little tab- lets, and to draw them out of the urn like other lotsj the verses which a person thus obtained being sup- posed to be applicable to him : henee we read of sorles Virgiliana, &c." It was also the practice to consult the poets in the same way as the Moham- medans do the Koran and Hafiz, and many Chiiis- tians the Bible, namely, by opening the book at ran- dom, and applying the first passage that struck the eye to a person's own immediate circumstances." This practice was very common among the early 1. (Mart., xii., 89.) — 2. (Cic, Invent., ii., 50 ; ad Herenn., i., 13.)— 3. (Menander, p. 68,' 166, ed. Meineke.):— 4. (Pers., v., 1690— 5. (Ter., Eunuch., v., 8, 4.— Juv., vi., 516,)— fl. (Catull,, xvii., 26.)— 7. (Soetoh., Nero, 30.)— 8. (Plin., H. N., xixiii., 11, 8. 49.) — 9. (.SI., N. A.; xi., 23. — Alton., iv., 3. — A^ams, Ap- Eend., a. V. BoiiyAuffcof.) — 10. (Adams, Append-., s. v.)^ — 11. (De liv.f ii., 41.) — 12. (Suet., Tib., 14.) — 13. (Coihpoie Cic, De Div., i., 34.).^14. (Id. ib., :i., 56.— Virg., Mn. , iv., 346, 377,)— 15. (Lamprid.. Alex.Sev,; 14.— Spart.j-Hadr,, 2.)— 16. (Aug-iit Confess., iv., 3.J SPECULUM. SPECULUM. Christians, who substituted the Bible and the Psalter for, Hpnjer and Virgil : many councils repeatedly cqndeiiiijed these sartea sanctorum, as they were called.'" The sibylline books were probably alSo consulted in this way: (Tirf. SibyllinJ Libr. ) Those Who foretold future events by lots were called t'oriilegi.' The sortes convtvialcs were tablets sealed up, which wars sold at eiifertainments, and, uppn- being apqnefi oi unsealed, entitled the purchaser to' things of very unequal value : they were, therefors, a kind qS lottsrv ' *SPARGAN'I0N (a-irapyavcov): "It is clearly," says Adams, " one or other of the Avell-kno wn Burr- reeds; the Sparganium ramosum according to Mat- thiolus, or the simplex according to Sprengel."* *SPaIITUM (aTrdpTOV, airapTiov, or ffirapnj) or SPARTUS (oirapTof), a ehriib, a species of bi:oom, out of the young branches and bark of which ropes and nets were made, and the seeds of which were used medicincdly ; the Spartium junceum or scopor num "" SPARUS. (Vid. Hasta, p. 489.) SPECULA'RIA. {Vid.Hovs^, Roman, p. 52;1.) SPECULAHIS LAPIS. {Vid. House, Roman, p. 521.) SPECDLA'TORES or EXPLORATO'RES were scouts or spies sent before an army to reconnoitre the ground and observe the movements of the ene- my.' Festus' makes a distinction between these two words, which is not sustained by the usage of the ancient writers. As these speculatores were riatiirally active men, they were frequently employed by the emperors to convey letters, news, &c." Under the, emperors there was a body of troops called speculatores,' who formed part of the praeto- rian cohorts, and had the especial care of the emper- or's peirson.' They appear to have been so called from their duty of watching over the emperor's safety." SPE'CULUM {KUTOTrrpm, laonrpov, Ivo^rrrpov), a Mirror, a Looking-glass. 'The use of min-ors is of very high antiquity," but they are not mentioned by Homer, even when he describes in so circumstantial a manner the toilet of Juno. In the historical times of Greece they are frequently spoken of," and they were probably known in Greece long before, since every substance capable of receiving a fine polish would answer the purpose of a mirror. Thus ba^ sins were employed instead of mirrors," and also cups, the inside of which was sometimes so dispo- sed that the image of the person who drank from them was seen multiplied.'* , The looking-glasses of the ancients were usually made of metal, at first of a composition of tin and copper, but afterward more frequently of silver." Pliny says that silver mirrors were first made by Praxiteles in the time of Pompey the Great, but they are mentioned as early as that of Plautus." Under the Empire the use of silver mirrors was so common, that they began to be used even by maid' servants :" they are constantly mentioned in the Di- gest when silver plate is spoken of." At first they were made of the purest silver, but metal of an in- ferior quality was afterward employed.'" Frequent- 1. (Gibbon, Decline and Fall, cxxxviii-i note 51.) — 2. (Lncan, ii, 581.)— 3. (Suet., Ootav., 75.^Lamprid., HeliDgab.,.2ai) — 4. (tiioseoir., iv., 21.— Adams, Append., s. v.)— 5 (F«e, Flore de Viigile. — Donnegan, Lcx.,-4tli ed.,s. v. Sn-aproj.)— 6. .(Cjes., B. G., i.,12; ii., 11.)— 7. (s. v. Explorat.) -8. (Suet., Cal., 44.— TacV, Jliiit., ii., 73.)— 9. (Tac., Hist., ii., 11.— Suet., Claud., 35. — Otiio, 5.) — 10. (Compare Spanheim, De Prast. et Usu Nu- mism., ii.i p. 234, itc.)-^ll. (Job, ravii., 18.-^Ej[odu8, xnriii., 8.)— 12. (Xen., Cyr., vii., 1, 4 2.— Eurip., Medea, 1161:; Orcst., 1142, (fco,)— 13. (Arteraid., Oneir., iii.,30,p. 279, ed. Keiff.)— 14. t^u., H. N., xxxiii., 9, s. 45.— Compare Vopisc, Prob.,4.)— 15. Slin. 1. c.)— 16. (Most., i., 3, 111.)— 17. (Plin., H. N., xxxiv., 17, s. 48.)— 18. (33, tit. 6, s. 3 ; 34,til. 2, s. 19, 4 a)-lft (PWn , D.N., xJ'iii.,9, M&) 5 y ly, too, the pohshed silver plate was no doubtfdrj slight ; but the excellence of the mirror very much depended on the thickness Of the plate, since the re- flection was stronger in proportion' as the plate was thicker.' We find gold mirrors tnentioned once or twice by ancient writers ;" but it is hot impossible, as Beckmann has remarked, that the term golden rather refers to the frame or ornaments than to the irairror itself, as we spealcof a gold watch, though the cases only may be of that metal. Besides metals, the ancients also formed stones into mirrors ; hut these are mentioned so seldom that -We may conclude they were intended for orna- ment rather than for use. Pliny' mentions the ob- sidian stone, or, as it is now called, the Iceland ic agate, as, particularly suitable for this purpose. Domitian is said to have had a gallery lined with phengites, which, by its reflection, showed' eVery- ithing that was done behind his back,'' by which Beckinann understands a calcareous or gypseous spar or selenite, which is indeed capable of reflect ing an image; but we cannot therefore conclude that the ancients formed mirrOrs of it. Mirrors were also made of rubies, according to Pliny,' who refers to Theophrastus foir his authority ; but he seems to have misunderstood the passage of Theo- phrastiis,' and this stone is never found now suffi- ciently large to enable it to be made into a mirror. The emerald, it appears, also served Nero for a mirror.' The ancients seem to have had glass mirrors also like ours, vvhich consist of a glass plate cover- ed at the back with a thin leaf of metal. They were manufactured as early as the time of Pliny at the celebrated glass-houses of Sidon,° but they must have been inferior to those of metal, since they never came into general use, and are never men- tioned by ancient writers among costly pieces of* furniture, whereas metal mirrors frequently ara Pliny seems to allude to them in another passage,' where he speaks of gold being applied behind a mirror, which we can understand, if we admit that Pliny was acquainted with glass mirrors. Of mirrors made of a mixture of copper and tin, the best were manufactured at Brundisium." This mixture produces a white metal, which, unless pre- served with great care, soon becomes so dim that it cannot be used until it has been previously clean- ed and pohshed. For this reason, a sponge with pounded, putnioe-stone was generally fastened to the ancifent mirrors." 1. CVJtniT., vii., 3, p. 204, ed. Bip.)-a. (Eurip , Hec, 925.— Senec, Qusest. Nat.,,i., H.T-^Iian, V, II., lii., 5S )^3. (xix'm., 26, s. 07.)^-4. (Suet., Dom.,.14.)— 5. (xxxvii.,'7, s. 2S.)— 6, (D« Lapid.,, 61.) — 7. (piin.. H. N., xxtvii;, 5, s. 16 — Isid., Ong xTi,,.7.)— 8. (Plin., H. N., xxxvi., 26, a. 66.1-9. ( ftxiii., 9, s. 4S, -fO. (Id. ib., 1. c. ; xxxiv., 17, s. 48.)— 11. (Plat., Tini., p 72. c — Vossius ad CatuU., p. 97 ) 90S SPINA. SPOLIA. Loofcing-glassas were generally small, and such as could be carried in the hand. Most of those whicn are preserved in our museums are of this kind ; they usaally have a handle, and are of a round or oval shape. Their general form is shown in the preceding woodcut.' Instead of their bemg fixed so as to be hung against the wall, or to stand upon the table or floor, they were generally held by female slaves before their mistresses when dressing,' which office was also performed sometimes by the lover, when ad- mitted to the toilet of his mistress.' On ancient vases we sometimes find female slaves represented holding up mirrors to their mistresses.* Looking-glasses, however, were also made of the length of a person's body {specula totis paria ccr- poribus''), of which kind the mirror of Demosthenes must have been.' They were fastened to the walls sometimes {speculum parieti affimim'), though not generally. Saetonius, in his life of Horace, speaks of an apartment belonging to that poet which was lined with mirrors (speculatum cubiculum), which expression, however, Lessing considers as contra- ry to the Latin idiom, and therefore regards the whole passage as a forgery. That there Were, however, rooms ornamented in this way, is proba- ble from Claudian's description of the chamber of Venus, which was covered over with mirrors, so that whichever way her eyes turned she could see her own image.' We frequently find the mirror mentioned in connexion with Venus,' but Mmerva was supposed to make no use of it.'" SPEIRON {avelpov). {Vid. PALLinM, p. 720.) SPH.diceXog), the Salvia, hortensis, or common Sage." *SPHENDAMNOS {a^hSajivog), a species of Maple. Sprengel hesitates between the Acer Fseu- do-platanus and the .Creticum ; Stackhouse betvveen the former and the A. campestris. The y\elvoQ and fyyia are varieties or synonymes of it." SPHENDONET.. rope or cable. In these two temples the spira 'ests, not upon a plinth (plinthus, tzXIvDo;), but on a podium. In Ionic buildings of a later date it rests on a square plinth, corresponding in its dimensions with the SPITHAME {amBafiv). • Vid. Pes, p. 763.) *SPIZA {amla), a species of bird, "generally held to be the Chaffinch, to which Rennie has given the scientific name of Fringillu Spiza, instead of: the misnomer given to it by Linnseus, namely, Frin- gilla cosleb?. I cannot help thinking it doubtful, however, whether the am^a of Aristotle be the chaffinch, seeing he compares the missel-thrush to the omfo, and it is well known that the former is much larger than the chaffinch.'" ♦SPODIAS ((T7ro(5iof). According to Sprengel, the Prunus insititia, or Bullace-tree • SPO'LIA. Four words are commonly employed to denote booty taken in war, Prada, Manubia, Ex- uvia, Spolia. Of these, prada bears the most com- prehensive meaning, being used for plunder of every description. (Fi(i. Postliminium.) Jlfonuftiffi would seem strictly to signify that portion of the spoil which fell to the share of the commander-in-chief," 1. (Serv. in Virg., lEn., ii., 217.)— 2, (iii., 3, « t , 4, U, 5 ; 5,; i 1-4 ; iv., 1,1)1 ; v., 9, ^ 4, ed. Sohneider.)-3. (H. N., txxvi. 5, M; 23, s. 56.)— 4. (Pollux, Onom., vii., 121.)— 5. (C. 0; Miiller, Minerva Polias Sacra, p. 35, 50. — B6ckh, Corp. Inscr Gr., i., 261-286.)— 6. (C. Fellows, Excurs. in Asia Minor, p. 262, 331.)— 7. (Festus, s. v. Spira.)- 8. (Aristot., H. A., viii., 5.— . Adams, Append., B. v.) — 9. (Theophr., iii., 6. — Adams, Append., s. V.)— 10. (Cio., 0. Rull., ii., 20 ; -, Verr., II., i., 59, and th« note of the Pseudo-Asconius.) SPOIilA. *i e proceeds of which were frequently applied to the erection of some public building.' Aulus Gf,l- lius,» indeed, endeavours to prove that we must un- derstand by manubia the money which the quaestor realized from the sale of those objects which con- stituted praeda ; but the following passage, adduced by himself in a garbled form (for he omits the words printed in roman), when quoted fairly, is suf- ficient to confute his views : "Aurum, argentum, ei prceda, ex manuhiis, ex coronario, ad qtwscunque per- venit."' The term jEiMDtffl indicates anything strip- ped from the person of a foe, while Spolia, properly speaking, ought to be confined to armour and weap- ons, although both words are applied loosely to tro- phies, such as chariots, standards, beaks of ships, and the like, which might be preserved and dis- In the heroic ages, no victory was considered complete unless the conquerors could succeed in stripping the bodies of the slain, the spoils thus ob- tained being viewed (like scalps among the North American Indians) as the only unquestionable evi- dence of successful valour ; and we find in Homer, that when two champions came forward to contend in single combat, the manner in which the body and arras of the vanquished were to be disposed of formed the subject of a regulai; compact between the parties.' Among the Romans, spoils taken in battle were considered the most honourable of all distinctions ; to have twice stripped an enemy, in ancient times, entitled the soldier to promotion;' and during the second Punic war, Fabius, when filling up the numerous vacancies in the senate, caused by the slaughter at Cannae and by other dis- astrous defeats, after having selected such as had borne some of the great offices of state, named those next " qui spolia ex haste fixa domi haberent, ant civicam coronam aceepissent."'' Spoils collected on the battle-field after an engagement, or found in a captured town, were employed to decorate the temples of the gods, triumphal arches, porticoes, and other places of public resort, and sometimes, in the hour of extreme need, served to arm the peo- ple j' but those which were gained by individual prowess were considered the undoubted property of the successful combatant, and were exhibited in the most conspicuous part of his dwelling,^ being hung up in the atrium, suspended from the door- posts, or arranged in the vestibulum, with appropri- ate inscriptions." They were regarded as peculiar- ly sacred, so that, even if the house was sold, the new possessor was not permitted to remove them." A remarkable instance of this occurred in the "ros- trata domus" of Pompey, which was decorated with the beaks of ships captured in his war against the pirates ; this house passed into the hands of Anto- nius the triumvir," and was eventually inherited by the Emperor Gordian, in whose time it appears to have still retained its ancient ornaments.'^ But while, on the one hand, it was unlawful to remove spoils, so it was forbidden to replace or repair them when they had fallen down or become decayed through age," the object of this regulation being, doubtless, to guard against the frauds of falpe pre- tenders. Of all spoils, the most important were the spolia 1. (Cic, c. Verr., 1. c— Plin., H.N., vii., 26.)— 2. (liii., 24.)— 3. (Cic, c. RuU., ii., 22.) — 4. [Vid, Dojderlein, Lat. Syn., vol. iv., p. 337.— Eamshorn, Lat. Syn., p. 869.— Habicht, Syn. Hand- wBrteibuch, n. 758.)— 5. (Horn., II., vii., 75, — 14. (Plutarch. QuiBst. Rom.. 37.1 SPORTULa opima, a term applied to those only which the com mander-in-chief of a Roman army stripped in a field of battle from the leader of the foe.' Festus' gives the same definition as Livy, but adds, " M. Varro ail opima spolia esse letiam} si manipularis miles detraz- erit dummodo duci hostium," a statement, if correctly quoted, directly at variance with the opinion gener- ally received and acted upon. Thus, when M. Cras- sus, in the fifth consulship of Octavianus (B.C. 29), slew Deldo, king of the Bastarnae, he was not con- sidered to have gained spolia opima, because acting under the auspices of another ;' and Plutarch' ex- pressly asserts that Roman history up to his ovra time afforded but three examples. The first were said to have been won by Romulus from Aero, king of the Caeninenses ; the second by Aulus Cornelius Cossus from Lar Tolumnius, king of the Veientes ; the third by M. Claudius Marcellus from Viridorna- rus (or BptTOfiapTOf, as he is called by Plutarch), king of the Gaesatae. In all these cases, in accord- ance with the original institution, the spoils were dedicated to Jupiter Feretrius. The honours of spo- lia opima were voted to Julius Caesar during his fifth consulship (B.C. 44, the year of his death), but it was not even pretended that he had any legitimate claim to this distinction.' (The question with re- gard to the true definition of spolia opima is discuss- ed with great learning by Perizonius.') SPONDA. {Vid. Leotus, p. 573.) SPO'NDEO. {Vid. Obligationes, p. 672.) •SPOND'YLE or SPHOND'YLE (sTvovdvXv or aijiovSiXri), " an insect noticed by Aristotle and The- ophrastus, and about which there has been much diversity of opinion. Some suppose it the Gryllo- talpa ; some the larva of the Scarabceus meloloniha; and others a species of Blalla. Stackhouse offeis another conjecture, that it is the Julus, L."' *SPOND'YLUS ((77rw(!jjAof), a small species o! oyster, mentioned by Galen and Pliny ; probably the Prickly Oyster, a species of the genus Spondij- SPO'NGIA. {Vid. Painting, p. 704.) *Ii. SPONGIA {cmoyyia). Sponge, or Spongia officinalis. " The animal nature of the sponge is distinctly and repeatedly indicated by Aristotle. Of the three kinds, the jmuvoq, the m>Kvo(, and the 'AxiX- Xeio;, it is difficult to specify exactly the last two ; but the first may be confidently pronounced to be the Spongia officinalis." Dr. Vincent deiives the term " sponge," through the Greek, from the Arabic suffang-e (s'funge, s'phunge, spunge).' SPONSA, SPONSUS. {Vid. Marriage, Roman, p. 623.) SPONSA'LIA. {Vid. Marriage, Roman, p. 623). SPONSOR. ( Vid. Intercessio, p. 541.) SPO'RTULA. In the days of Roman freedom, clients were in the habit of testifying respect for their patron by thronging his atrium at an early hour, and escorting him to places of public resort when he went abroad. As an acknowledgment of their courtesies, some of the number were usually invited to partake of the evening meal. After the extinction of liberty, the presence of such guests, who had now lost all political importance, was soon regarded as an irksome restraint, while, at the same time, many of the noble and wealthy were unwilling to sacrifice the pompous display of a numerous body of retainers. Hence the practice was introduced, under the Empire, of bestowing on each client, when he presented himself for his morning visit, a certain portion of food as a substitute and compensation STADIUM. STADnJM. 'or the oecasional invitation to a Tegute supper {ecena recta) ; and tliis dole, being carried oft" in a little basket provided for the purpose, received"the name oi sportuJa. Hence, also, 'it is termed by Greek writers on Roman affairs defftvovdiroffffupft (iof, which, however, must not be confounded with the SeZttvov am CTTDptcSof of earlier ant-hors, which was a sort of picnic' Tor the sake of convenience, it soon became common to give an- equivalent' in money, the sum established by general usage being a hundred quadrantes.' Martial, indeed, often speaks of this as a shabby pittance {centum miseUi qwoAfaif- IBS'), which, however, he did not scorn hiinself to»i accept,* but, at the same time, does not fail to sneer at an upstart who endeavoured to distinguish him- self by a largess to a greater amount on his birth- day." The donation in money, however, did noJ entirely supersede the sportula given in kind; for we find in Juvenal a lively description of. a great man's vestibule crowded with dependants; each 'at- tended by a slave bearing a portable kitchen to re- :;eive the viands, and keep them hot while they were ;arried home.' If the sketches of the satirist are not too highly coloured, we must conclude that in ais time great numbers of the lower orders derived iheir whole sustenance, and the funds for orduiary expenditure, exclusively from this source, while even the highborn did not scruple to increase their in- comes by taking advantage of the ostentatious pro- fusion of the rich and Vain.' A regular roll was kept at each mansion of the persons, male and fe- male, entitled to receive the allowance ; the names were called over in order, the individuals were re- quired to appear in person, and the almoner was ever on his guard to frustrate the roguery of false pretenders,' whence the proverb quoted by Tertul- fen,' " sportulam furunculus captat." The morning, ' s we have setii above,'" was the usual period for hese distributions, but they were sometimes made in the afternoon." Nero, imitating the custom of private persons, or- dained that a sportula should be substituted for the public banquets (puhlica ccmcB) given to the people on certain high solemnities ; but this unpopular reg- ulation was repealed by Domitian.'" When the Emperor Claudius, on one occasion, re- solved unexpectedly to entertain the populace with some games which were to last for a short time only, he styled the exhibition a sportula; and in the age of the younger Pliny, the word was commonly employed to signify a gratuity, gift, or emolument of any description." (Compare a dissertation on the sportula by Butt- mann, in the Kritiscke Bibliolhek for 1831.— Fid. also Becker, Gallus, i., p. 147.) STABULA'RIUS. (Vid. Recepta Actio.) *STACTE (ardK-ni). (Vid. Smyrna.) STA'DIUM ((i aradio; and to arddiov),!. A Greek measure of length, and the chief one used for itin- erary distances. It was adopted by the Romans, also, chiefly for nautical and astronomical measure- ments. It was equal to 600 Greek or 625 Roman feet, or to 125 Roman paces ; and the Roman mile contained 8 stadia.'* Hence the stadium contained 606 feet 9 inches English. (,Vid. Fes.) This stand- ard prevailed throughout Greece under the name of the Olympic stadium, so called because it was the exact length of the stadium or footrace-course at Olympia, measured between the pillars at the two extremities of the course. The .first use of the measure seems to be ■contemporaneous with the foi mation of the stadium at Olympia, when theOlym pic games were revived by Iphitus (B.C. 884 or 828) This distance doubled formed the' MavTm^, the iirmj /fov was 4 stadia, and' the d&Xixof is differentlyi sta ' ted at 6, 7; 8, 1S,;20!. and 24 sladiaV < It has beensuppbsed by some authors that there' were ■other stadia in itise in Greece besides the Olym- pic. The ..most ancient writers never either say or hintiat such a thing ; -but when wecompare the dis- tances between places, as stated by them' in stadia, with the. real distances.they are found almost inva- riably too great if estimated by the Olympic stadium, never too small. Hence the conclusion has been' drawn, that the'Greeks used foritinerary measure- ments a stade much smaller than 'the Olympic Major Rennell, who analyzes several of these state-^ ments, gives 5054^ feet for the value of the itinerary stade.' It is,- however, scarceiy-eredible, that these authors, some of -whom expressly inform us that the stade cont-ained 600 feet, should reckon distances' by another stade without giving any intimation of the fact, especially as they usually warn their read" era when they speak of measures differing from the common standard.^- The real cause of the excess in the itinerary distances of the Greeks is explained by Ukert in a way- which seems decisive of the question.' The most ancient mode of reckoning' distances among the Greeks, as among most other nations, was by the number of days required topei^ form- the journey. When the stadium was brought' into use, the distances were still computed by days' journeys, but transferred into stadia by reckoning a certain number of stadia to a day's journey.* It is evident that nearly all the distances given by the ancient Greek writers were computed) not-measured. The uncertainties attending this mode of computa- ' tion are obvious ; and it is equally obvious that, as a general rule, the results would be above the truth. At sea the calculation was made according to the- number of stadia which could be .sailed over in a dayi by a good ship, in good order, and with a fair wind. Any failure in these conditions (and some such there must always have been) would increase the number of days' sail; and therefore the calcula- ted f different stadia. Ceosoranu;, who li»ed n the time of Alexander Severus, after speaking of the astronomical measurements ,of Era- tosthenes and Pythagoras, says that by tlie stadium used in them we must understand ''the stadium which is called Italic, of 625 feet, for there are othr ' ers besides thisj of different lengths, , as the OlyiB'- pic, which eonaista of 600. feetj and the Pythian, of 1000.'" This passage is evidently a eomplication of blunders. The "Italic stadium," unknown else- where, is manifestly the same as the Olympic, but reckoned in Roman feet,. of which it contained 625. The " Olympic, of eoOi feet,'' -is the same in Greek feet. The yalue given for the Pythian > stadium is clearly wrong, for the Olympic jacecourse was the longest in Greece (as appears from the passage of Gellius quoted below), and> besides, Censorinusi ob- viously iGonfoundS' the racecourses named- stadia withithe measure of the, same name -, for it is not disputed that the former, were of different, lengths, though the latter never varied. Aulus Gellius" quotes, from Plutarch to the effect that Hercules measured out the stadium at Olympia with his own feet, making it 600 feet long ;, and that, when afterward other stadia were, established in Greece containing, the same number of feet, these were shorter than, the CHympio in the proportion by which the foot of Hercules exceeded that of other men. But whatever there is of fact in this story obviously refers to the courses themselves, not the measure ; for what he speaks of is " curriculum star Hi." , The statement that the other stadia, besides the QlympiQ, were originally 600 feet long^is proba- bly a conjecture of Plutarch's. Attempts havebeen made, especially by Rome de ,'Isle and Gossplin, to prove the . existence and to determine the lengths of different stadia from the different lengths assigned by ancient writers to a great circle of the earth. But surely it is far more reasonable to take. these different .valu,es, as a proof (among other.s) that the ancients did not know the real length of a great circle, than, first assuming that they had such knowledge,. to explain them as refer- ring to different standards. . On the whole, therefore, there seems no reason to suppose that different stadia existed before the third century of the Christian sera. From this , period, however, we do find varieties of the stade, the chief of which.are those of 7 and 7i to the Roman mile.' The. following table of supposed. varieties of the stadium is from Hussey!s Ancient, Weights, &o. : . .,. Yards. .Eeet. Ischea. Stade assigned to Aristotle's j measurement, of the earth's > 109 1 2-26992 surface ) Mean geographical stade com- ) ,„„ , - puted by Major Rennell . . ,S '"'° ^ " Olympic stade 202 9 Stade of 7i- to the Roman mile 2IS 2 2-4 Stade of 7 to the Roman mile . 231 5124 ,.3'. It has been mentioned above that the Olympic footrace-course was cs&ei a. stadium, and the same name was used throughout Greece wherever games were celebrated. It was originally intended for the ftotvace, but the other contests which were, added to the games from time to time {vid. Olympic GiMEs) were, also exhibited in the stadium, except the horse- races, for which a, place was set apart,, of a similar form with the stadium, but larger: this. was called the hippodrome .{'mirodpo/ioi). The stadium was an oblong area terminated at one end by a straight line, at the other by a semi- circle having the breadth of the stadium oi its base. Round this area were ranges of seats nsmp above one another in steps. ■.It was constructed in three, different wa3(p,'ac: cording to the nature of the ground. The simplest .form was that in which a place, could he found which had by nature the required shape, as at .Lao- dicea. Most. commonly, however, a position was chosen on the side of a hill, and the stadium was formed on one side by a natural slope, on the other by a mound of earth {yrjc ;);u/Ja), as at Olympia, Thebes, and Epidaurus.' Sometimes, however, the stadium was on level ground, and mounds of %arth were qast up round it to form seats, and covered with stone or marble. We hav? two celebrated examples^of this construction in the Pythian stadi- um at Delphi and the Panathenaic at Athens. The former was originally constructed of Parnassian stone, and aftwward covered with Pentelic marble by Herodes Atticusj' who adorned in the same man- ner the< stadium at Athens, which had been origi- nally, constructed on the banks of the Ilissus by fhp orator, Lycurgus. The marble covering, which took four, years to complete, has now disappeared, but .the area is still left,. with some ruins of the masonry." The stadium sometimes formed a part pf the buildings of the gymnasium (vid. GYMNAsmJi), at other times it was placed in its neighbourhood, and often, as at Athens, stood entirely by itself That at Olympia was in the sacred grove called Altis. The size of the stadium varied both in length and breadth. ,The general length was, as above stated, the geographical stadium of 600 Greek feet. This was not, however, the total length, but only the dis- tance between the pillars at the two ends, and it was exclusive of the semicircular end of the area. The accounts left by ancient writers of the ai rangement of the parts of the stadium are scanty but, from a comparison of them with existing re mains of stadia, we may collect the following par ticulars. At one end a straight wall shut in the area, and here were the entrances, the starting-place for the runners, and (at Olympia) an altar of Endymion. At the other end, at or near the centre of the semi- circle, and at the distance of a stadium from the starting-place, was the goal, which was the termi- nation of the simple footrace, the runners in which were called aTaSiodpo/ioi : the race itself is called ardSiov and Spofiog. In the diav7\,o(: Sp6/zog the racers turned round this and came back to the starting- place. The starting-place and goal had various names. The former was called ij^taif, -ypa/i/iij, fJffTT^jyf, and (3aX6lg : the latter, Tepfia, (Sar'^p, rcilof, Ka/ivrip, and vvaaa. The term ypaji/i^ is explained as the line along which the racers were placed be- fore starting ; vairTiTiS, which means the lash of a whip, is supposed to have been a cord which was stretched in front of the racers to reitrain their im- patience, and which .was let fall v hen the signal was given to start ; the name noji-rrip was applied to the goal because the runners in the 6iav'/Mg and Sdlix"? turned round it to complete their cou.rse. These terms are often applied indifferently to ihe starting-place and the goal, probably because l,»ie starting-place was also the end of all races except the simple otoSlov. The starting-place and goal were each marked by a square pillar (ar^Xat, Kiove; KvSoeiieli), and half way between these was a third. ;0n the first wasirtscribed the word upiaTeve, on the .second .mreSrfs,, and on the third Ka/itliov. The 6o\ir ;i;o(5piip)itosi turned, round both the extreme pillar* till • 1. (De He Natali, c. 13.)— S (i, 1 )— 3. (Wunn, De Pond., 1. (PaUsan., ii., 27, « 6 | vi., 20, « 5, 6 ; ix., 23, « 1.)— 8, W fcc 4 58.) I I., 32, H.)— 3. (M.,i., 19,^7.— Leake's Topof of Athena unq STADIUM. STATER they had completed the number of stadia of which their course consisted.' The semicircular end of the area, which was called sf^evSovri, and was not used in the races, was probably devoted to the other athletic sports. This (!(^sv6ovfi is still clearly seen in the Ephesian and Messenian stadia, in the latter of which it is surrounded by 16 rows of seats. The area of the stadium was surrounded by the seats for spectators, which were separated from it hy a low wall or po- dium. Opposite to the goal on one side of the stadium were the seats of the hellanodicse, for whom there was a secret entrance into the stadium iKpvK-ni iaoSnO, and on the other side was an altar of white marble, on which the priestesses of Demeter Cha- myne sat to view the games. The area was gen- erally adorned with altars and statues. Such was the general form and arrangement of the Greek stadium. After the Roman conquest of Greece, the form of the stadium was often modified so as to resemble the amphitheatre, by making both its ends semicircular, and by surrounding it with seats supported by vaulted masonry, as in the Ro- man amphitheatre. The Ephesian stadium still has such sea*fi xcvxti a portion of it. A restoration of this staiifuoa is given in the following woodcut, copied frnrj jtrduse. A * the boundary wall at the aphesis, 77 feet JAep, S C the sides, and D the semicircular end, of the s*me depth as A ; F F the area, including the e^evSov^ ; b b pieces of masonry jutting out into the area ; e e the entrances ; from o to P is the , . -1. (Sohol ad Soph., Electr 691.) 91G length of an Olympic stadium ; from j — « the rang of amphitheatrical seats mentioned above.' (VjVJ Olympic Games.) STALA'GMIA. (Vii. Ikauris, p.533.) *STANNUM, the same with the Plumbum albun of the Romans or Kaaoirepo^ of the Greeks, the " Pyramidal Tin Ore" of Jameson, or Oxyde of Tin. "The Phoenicians, at a very early period, weie ac- quainted with tJie tin ores of Cornwall. The Jews had vessels of tin as early as the days of Mose«. On the Kaaairepoc of the Greeks, the reader is re- ferred to Beckmann's History of Inventions, vol. iv.. p. 1, &c. Heeren says of this work, ' it is there first shown that the Latin stannum maybe different from the Kaaahepog. The former is what, in the German smelting-houses, is called werk, the latter is the Plumbum album of the Romans.' " " Lead and tin," observes Dr. Moore, " are metals which we have the best reason for trfeating under the same head, since the ancients frequently confound- ed them ; and, however strange may appear such confusion in regard to metals so plainly distin guished by their properties as these, their names, nevertheless, in Hebrew, Arabic, Greek, and Latin, are often indifferently used. The Greeks, when they would distinguish the two metals, called tin Kaaairepo^, and lead /x6?iv66og ; but as the French at the present day call pewter elain, and confound it with pure tin, so did the Greeks comprehend under the name Kaaairepo^ various alloys of tin with lead or other metal ; and some such Homer is sup- posed to mean when he speaks of tin {Kaaairepot) used in the fabrication or ornament of various parts of armour. The Romans distiimiished lead {Plum' bum) into black and white. The latter {Plumbum album) was the more precious, Pliny says, being what the Greeks called Kaaatrepog. Plumbum al' bum is sometimes called stannum, while on othei occasions the latter is spoken of as something dif ferent, in which case it may have been an alloy of tin and lead, or, as Beckmann thinks, of silver and lead ; or it may have been designated by a different name merely because obtained from a different place, from an ore of different appearance, or by some different process ; since any one of these, we know, was anciently sufficient ground of distinction between substances that were identical. If any re- liance could be placed on Pliny's accuracy in a matter of this kind, we might infer, from what he says of the mode in which stannum was obtained, that the ancients were acquainted with an argen- tiferous galena containing also tin. Beckmann, however, in his examination of this passage, says that lead is seldom found without, but that tin, per- haps, has never been found with, silver. He admits that the passage in question cannot be fully under- stood with any explanation, yet he thinks it proves to conviction that the stannum of the ancients was not tin, hut a mixture of silver and lead, called in the German smelting-houses werk. It is from stan- num, however, that are derived the names etain and tin. He supposes the oldest KaaalTepo; to have been nothing else than the stannum of the Romans Aristotle, however, relating a phenomenon apphca- ble to tin, calls the metal tov KaaaiTepoii tov KeTlri- KOV."" STATER (oroT^p), which means simply a stand- ard (in this case both of weight and more particular- ly of money), was the name of the principal gold coin of Greece, which was also called chrys\is{xpv- aov(). The general subject of Greek gold money 1. (Krause, Die Gymnastik und Agonistik doc Hellenen, p. 131, 1) 14.— Mailer's ArchBol. der Kunst, « 290.)— 2. (Dioscor., T., 98.— Pliny, xxiv., 47.— Isid., Orig., xvi., 21.— Numbers, iiii., 22. — Heeren's Hist. Researches, Tol. Ti., p. 167. — Adanis, .AJ^ pend., s. V. — Moore's Anci^-' t Min'sral., j 44, 45.) STATER. STATER. has been discussed under Aukum, where it ia stated that the Greeks obtained their principal supply of gold from Asia. To the same quarter we must loolc for the origin of their gold money. The daricus, which came to them from Persia, has been already treated of (Vid. Dahious.) The stater is said to have been first coined in Lydia by Crtesus. To this country, indeed, one tradition ascribes the ori- gin both of gold and silver money ;' but, be this as it may, the stater of Croesus was the first gold coin- age with which the Greeks were acquainted." Bockh' asserts that these staters were undoubtedly formed of the pale gold or electrum which was washed down from Tmolus by the Pactolus, and which Sophocles speaks of as Sardian electrum.* Electrum, according to Pliny,° was gold containing a mixture of Jth part of silver. There is in the Hunterian collection (plate 66, fig. 1) a very ancient coin of this pale gold, of an oval, ball-like shape, impressed with the figure of a man kneehng, hold- ing a fish in his left hand, and in his right a kuife hanging down, which Pinkerton takes for a coin of Croesus, but respecting which nothing more can be said with safety than that it is a very ancient speci- men of Asiatic money. Its weight is %iSk English grains, or about that of the Attic tetradrachm, which was twice the weight of the stater. This, there- fore, would be a double stater.' At all events, in the absence of certain specimens of the Lydian sta- ter, and of any express statement of its value, we may suppose, from the very silence of the Greek writers, that it did not differ materially from the stater which was afterward current in Greece, and which was equal in weight to two drachmse, and in ralue to twenty.'' Macedonian Stater. British Museum. The following were the principal Greek staters : 1. The Attic stater, which has been spoken of under AuRUM. The weights of the coins there mentioned are 132-3, 133-7, 133-6, and 132-75 grains, the aver- age of which is 132 5875 grains, which only falla •short of the weight of the Attic didrach by a little more than half a grain. (,Vid. Drachma.) The gold of the Attic coins is remarkably pure. 2. The stater of Gyzicus was common m G.eece, especially at Athens. We learn from Demosthenes' that at a particular period (a little aftor B.C. 335) this stater passed on the Bosporus for 28 Attic drachms, which, by a comparisop with the then value of the daricus {vid. Daricus:;, would give for its weight about 180 grains. Several Cyzicene staters exist, but none of them come up to this weight. Hence we may conclude that the price of gold on the Bosporus was at that time unusually high. Some of the existing coins give 160 grams, and others not more than 130, for the weight of the Cyzicene stater, so that the element of this coinage seems to have been a piece of 40 grains. Its value, calculated from the number of drachmae it passed for, would be U. 2s. 9d. 8. The stater of Lampsacus is mentioned in an Attic inscription of B.C. 434. Several gold coins of Lampsacus are extant : they may be known by I. (Herod., i,, 94.) — 2. (HBrod., i., 84. — PoUui, Onom., iii., 81; ii., 84.) — 3. (Metrolog. Untersuch., p. 129.) — 4. (Antig., 1037.)— S. (xxiiii., 23.)— 6. (BSokh, 1 c.)— 7. (Hesyoh,, s. t. XpiiffovS' — Pollux, Oiiom., iv., 173. — Harpoci-at., s. v. AapeiKds.) —S. (in PhiOTa , p. 914.) the impression of a seahorse upon them. Theic are two in the British Museum, of the weight of about 129 grains, which is just that of the daricus. The weights of the Lampsacene staters are very unequal ; and both Lampsacus and Cyzicus appear to have had gold coins which were multiples of dif- ferent standards. 4. The stater of Phocaea is mcEtioned by Thu- cydides' and Demosthenes' as in circulation in their times. Sestini gives several of these, the largest of which, stamped with a 4>, weighs 255-.42 English grains. This is a double stater, giving a single one of 127'71 grains, or 5 grains less than the Attic, and seems to follow the standard of the daricus. Most of the others are thirds of the stater, and of a lighter comparative weight. There was also at Athens a Phocaean coin called Sktj/,' which may have been either the sixth of the stater oi (Mr. Hussey conjectures) of the mina. Hesychius' mentions the Iktij, rpirri, and TsrapTri as coins of gold, or silver, or copper. There was a gold coil, (of what state we are not told) called ruilenTov. which was worth eight silver obols.' This stooi in the same relation to the stater as the obol to th( didrachm, namely, one twelfth, and was, therefore probably equal to the obol m weight. Its low valu* (giving the proportional worth of gold to silver as t to 1) may be accounted for by supposing that il was, like the Phocaean coins, of a light standard, oi that the gold in it was not very pure. 5. The stater of Macedonia Wus coined by Philij II. and Alexander the Great afte'/ the standard of the Attic didrachm, and of very fine gold. Unde/ those princes it came into general circulation ia Greece and throughout the Macedonian empire. The extant specimens of this coinage are very nu merous. Mr: Hussey gi-es the following report of an assaj which was luaue for him of a stater of Alexander - ' GoW, 11 oz. 9 dwts. 6 grs. Siker, 18 " Alloy, The sil'-zr is an accidental admixture, or, if >.ncwn to be present, was not allowed for, so that tnis coin may '■je reckoned at 133 grains of fine gold. Our SGVbreign, after deducting the alloy, contains 1131 J grains of fine gold. Therefore the Macedonian sta- 133 ter = ' of the English sovereign, or II. 3«. 6d. llo'12 0-673 farthing. The average is, however, a little below this stater, but not more so than is due to wear. The stater of Philip was very recently cur- rent in Greece at the value of about 25 shillings. This standard was preserved, or very nearly so, under the later Macedonian kings, and was adopted by other states, as Epirus, .^tolia, Acarnania, and Syracuse. Besides the staters noticed above, most of the cities of Ionia had gold coins, but their value is very doubtful. There are specimens in existence from Chios, Tens, Colophon, Smyrna, Ephesus, and many other places. Samos, Siphnus, Thasos, the Greek cities of Sicily, and Cyrene, had gold money at an early period. Pollux mentions a Corinthian stater as used in Sicily, which he calls SsKoKiTpo; aTarnp, and makes equal to ten .Sginetan obols.' The explanation of this statement is very difiicult, and depends in a great measure on the disputed question whether the Corinthian money followed the Attic or the iEgine- tan standard.' 1. (iy., 52.)— 2. (in BceoI., p. 1019.)— 3. (BSckh, Inscrip., 150 ) 4. (s. T. t'KTT).)— 5. (Crates ap. Poll., Onom., in., 62 ; and Mei- uecke, Frag. Comic, ii., p. 341.) — 6. (Pollux, Onom., iv., 174 ; ix., 80.)— 7. (Compare Husse; c It., s. 2, with Bockli, Metrolog Untersuch , vii., 8.) ; 911 STATUARY. STATUARS. Id ealcalatiiig the value of the stater in oar money, the ratio of gold to silver must not be overlooked; Thus the stater of Alexander, Vfhich we have val- led, according to the present vporth: of gold, at 11. Ss. 6d.j passed for twenty drachraaei whiehj accord-- ing to the present value of silver, were worth only 16*. ad. But the formei is the trueiworth of the stater, the difference arising i from the greater vdue of silver in ancient times than now. {,Vid. AnoEHi^ UB.) Besides the stater itself, there were, as appears from the above remarks, double staters,- and' the halves ( ^/it;fpuiroJ!f,^^/i4 Muller.)- 12. j(.Cic. ad Fam., ii., 17, IS ; x., 21.r-Dig. 4, tit. 6, s, 10.)^13. (Dig. 4, tit. 6, 3. 10.— Lamprid., Alex. Sey., 52.)^14. (Plin., H> N., xzxv., 5 and 43. — Compare Quint., i., 2, $7.) 912 writers gravely repeat the, stories about the mvcu. tion of sculpture or painting, or assign the invention of either of them to the Egj ptians or any other nai tion. These arts, in their infant state, existed among the Greeks from time immemorial,; and it there are any resemblances between the, earliest works of Grecian art and those of Egypt, we have still no; right to infer that the Greeks learned them from the Egyptians; and we might as wellas^er? that the Greeks 'learned their -arts from the Gaiill or from the Siamese, for the works of these nations, too, resemble those of early Greece. An art' in its primitive state manifests itself nearly in th^ saiije manner in all parts of the world. But what is of real interest is to;know the causes through which statuary, or, to use a more common but less appro- priate term, sculpture, became so pre-eminently , remarks > resented with their legs close together, and that Ie his statues the legs were separated, which was at once a great step forward, as it impacted greater lifo and activity to a figure. Smilis (from afiiAri, a carv- ing-knife) exercised his art in Samos, .^Egina, an other places, and some remarkable works were at tributed to him." Endams of Athens is called a dia ciple of Daedalus. Various works were attributet to him by the ancients. One among them was a colossal §6avov of Athena Polias in a temple at Erythrae in Ionia. She was represented sitting upon a i^ppvof, holding a spindle in her hand, and with a TTo/Lof on her head. Pausanias' saw this foa- vov himself According to the popular traditions of Greece, there was no period in which the gods were not represented in some form or other, and there is no doubt that for a long time there existed no othei statues in Greece than those of thci gods ; a round statue of a man appears, for a long time to have been a thing unheard of in Greece. The earliest representations of the gods, however, were by no means regarded as the gods themselves, or even aa images of them, but only as symbols of their pres- ence ; and as the imagination of a pious primitive age does not require much to be reminded of the presence of the Deity, the simplest symbols were sometimes sufficient to produce this effect. Hence we find that in many places, the presence of a god was indicated by the simplest and most shapeless symbols, such as unhewn blocks of stone (Aj'Soi up- yoi*), and by simple pillars or pieces of wood.' ( Vid. DocANA and D^dai-a.) Many such symbolic rep- 1. (Pa\)s., vM., 5; ix., 40, » 2 ; i., IS, m these forms, or to introduce any material change. Art, therefore, conld not make any great progress until it was applied to purposes in which the artist's genius was not restrained by religious custom, and not bound to conventional forms. Religion, al- though the fostering iriother of the arts in their in- fancy, became a tedious restraint when they grew up to manhood. But, as soon as other spheres of action were opened, religion, in her tuni, could not ^sscapc from the influence of the advancement of / IV.. N., Mxvi., 4, 2.)— 2. a, 43, 7.)— 3 fiv.. 17, 1) 2, *o.) the arts, and the old conventionai forms in manj places gave way to works of real merit and genius This great and important change took place sboc and after 01. 50. II. Second Period, from 01. 50 to 01. 75. (580-480 B.C.; This period, although comprising no more thas one century, developed all the elements which com- bined to make ^Grecian art what it became during the third and most flourishing period of its history. Greece now came into close, contact with the na- tions of the East and with Egypt ; commerce flour- ished at Gorinth, .^gina,Samos, Miletus, Phqcasa, and other places ; gold became more abundant in Greece than it had been before, and the tyrants who sprang up in several parts of Greece surround- ed themselves with splendour and magnificence, and acted as the patrons of art to palliate their own usurpation. But all these were only external in- fluences, and could not have produced a nation of artists like the Greeks. , Epic poetry had gradually created in the minds, of the people more defined ideas of their gods and heroes, while philosophy began to make men look beyond what was conven- tional and traditionary. The athletic and orchestic arts attained about 01.; 50 a high degree of perfec- tion, and the circumstance that about ,the same time the gymnastioand athletic contests at the great public festivals began to be performed naked, di rected the attention of the artists, as well as of the public, to nature, and rendered them familiar with the beautiful forms of the human body., But the imitation of nature was at first of a very hard and severe character, and the influence of conventiona. forms still acted in many cases as an obstacle. The number of artists who flourished during tha period is truly astonishing. It has been said thU the close connexion of father and son among the ar tists ceased at this time, and that individual artists worked free, and according to the dictates of their own genius. But this is going too far, for it stii; continued to be the common practice for a son to be instructed by his father ; and although this relation is usually expressed by the term /iadijTK, yet on statues we only meet with the term vl6(. But, along with these families of artists, schools now be- came more general, in which the arts were taught and cultivated according to certain principles which were or became traditionary in each school ; the schools thus acquired something of the spirit of castes or corporations. The lonians of Asia Minor and the islanders of the .(Egean, who had previously been in advance of the other Greeks in the exercise of the fine arts, had their last flourishing period from 01. 55 to 01. 63 (560^528 B.C.) But this short period must liave been one of th^^ jfreates) as we)l as ono of the most aotiTC.' and pioductiva of numerous i3ustl> works of an The presents *hioh Urcesus oew tc Delphi, and some of vrhich were said to have been made by the Samian Theodoras, must li?.ve beer executed at the beginning of theses forty years Our want of information respecting the Ionian^ must be ascribed to the circumstance that we hu^f no Pausanias to take us through their cities, ami m describe and explain the works of art with wbMi they Were adorned. It is owing to the same cu cumstance that we know so little of Rhodes, lrincip'es of art in a cer- tain direction ; but towards the end of this period Euphranor and Lysippus of Sicyon carried out the principles of the Argive school of Polycletus.* Their principal object was to represent the highest possi- ble degree of physical beauty, and of athletiij and heroic power. Lysippus was the greater of the two: he was one of the most fruitful artists that have ever lived, for he is said to have made no less than 1500 figures. Among the heroes Heracles ap- pears to have been a favourite subject of Lysippus, for he made several statues of him, representing him in various situations,' and his figures of this hero served as types for subsequent artists. We still possess some representations of Heracles which are considered to be imitations of his works. The most celebrated among his portrait-statues were those of Alexander the Great.' The chief charac- teristic of Lysippus and his school is a close imita- tion of nature, which even contrived to represent bodily defects in some interesting manner ; its ten- dency is entirely reahstic. The ideal statues of former times disappear more and more, and make way for mere portraits. Lysippus, it is true, made statues of gods, but they did not properly belong to his sphere ; he merely executed them because he had received orders which he could not well refuse. His greatest care was bestowed upon the execution of the details {argulia operum), upon the correct pro- portions of the parts of the human body, and upon making portrait-statues slender and tall above ths common standard. In short, all the features which characterize the next period appear in the school of Lysippus. IV. Fourth Period, from 01. Ill lo 01. 158. (336-146 B.C.) Within a few generations Grecian art had passed' through the various stages of development, and each of them had produced such an abundance of masterpieces, that it was difficult for a new genera- tion of artists to produce new and original works. Hence the periods which followed could not do much more than imitate, and their productions are better or worse in proportion as they were founded upon the study of earlier works or not. But even this period of eclecticism has nevertheless produced statues and groups worthy of the highest admira- tion, and which can be placed by the side of the best works of antiquity. The very slow decay of the arts, in comparison with the rapid decline of literature, is indeed a strange phenomenon. During the first fifty years of this period, the schools of Praxiteles and that of Sicyon conti nued 1. (Plin., H. N., xxiiT., 19, « 17 and 20. — Pint., De And. Poet., 3.— Symp., v., 1.)— S. (Pans., v., 20.)— 3. (H. N., xxivi. 4,1) 9.)— 4. (Cic, Brut., se 1 — 5. (MUUer, Arch., p 124.)- 6' (Pint., De Isid., 24.- De Ale-, virt.. ii., 2.-Alex., 4.— 1- n.. H. N., xxxiv., 19. d li ^ S1ATUA.RY STATUAKV'. to flourish, especially in works of bronze ; but after this time bronze statues were seldom made until the art was carried on with new vigour at Athens about the end of the period. The school of Lysippus gave rise to that of Rhodes, where his disciple Chares formed the most celebrated among the hun- dred colossal statues of the sun. It was seventy cubits high, and partly of metal. It stood near the harbour, and was thrown down by an earthquake about 225 B.C.' Antiquarians assign to this part of the fourth period several very beautiful works still extant, as the magnificent group of Laocoon and his sons, which was discovered in 1506 near the baths of Titus, and is at present at Rome. This is, next to Niobe, the most beautiful among the ex- tant works of ancient art; it was, according to Pliny, the work of three Rhodian artists : Agesan- der, Polydorus, and Athenodorus." The celebrated Farnesian bull is likewise the work of two Rhodian artists, Apollonius and Tauriscus.' In the various kingdoms which arose out of the conquests of Alexander, the arts were more or less cultivated, and not only were the great master- works of former times copied to adorn the new capitals, but new schools of artists sprang up in several of them. Alexandrea, Pergamus, and Se- leucia rivalled each other in art no less than in literature. At Pergamus the celebrated groups were composed which represented the victories of .Wtalus and Eumenes over the Gauls* It is be- lieved by some' that the so-called dying gladiator at Rome is a statue of a Gaul, which originally be- longed to one of these groups. Ephesus also had a flourishing school of art, which appears to have followed, in the main, the style of Lysippns, and excelled, like that of Pergamus, in the representa- tion of battle scenes. The Borghese fighter in the Louvre is supposed to be the work of an Ephesian Agasias, and to have originally formed a part of Buch a battle scene. In Syria, too, art flourished at Antiochia until the time of Antiochus IV., before whose reign a number of statues had already been carried away by Scipio. In these new monarchies statues of the gods were seldom made, and when they were executed, they were, in most cases, copies from earlier works, as the character in which the gods were represented had gradually become fixed, and few artists ventured to alter the forms, which had become typical. Por- trait-statues of kings increased, on the other hand, to a great extent. The vanity of the kings and the flattery of the artists created a new kind of statues : the princes were frequently identified with certain deities, and were consequently represented as such, with all the requisite attributes. In many cases the mere bust of a king was put upon the body of a statue of a god. This was a most dangerous rock for artists ; for the simple representation of a king in the shape of a god, which commenced as early as the time of Alexander, was soon thought an in- sufficient mark of veneration, and art degenerated into a mere instrument of the most vulgar flattery : pomp, and show, and tasteless ornaments were mis- taken for art. Flattery towards the great was also shown in the monstrous number of statues that were erected to one and the same individual. De- metrius Phalereus had 360, or, according to others, 1500 statues erected to him.' When the honour of a statue ceased to be considered as a high dis- tinction, and when it became necessary to produce 1. (Plin., H. N., xxnW., 18.— Menrsius, Ehodus, i., 16.)-^2. 'Plin.,li. N., xxxvi.. 4, fy 11. — Lessjng's Laocoon.) — 3. (Plin., H. t>; ixivi., 4, I) 10.)— 4. (Id., isxxiv., 19, 4 24.— Paus., i., 25, 1) 8. — Plut., Anton.. 60.) — 5. (Mullet's ArchBol., p. 134.) — 6. (Alh( n., xir., p. 637.— Pans., v.. 24, « 3.— Clem. Alex., Protrept IT., p 16, el. Sylb.— Dion Chrysost., Oiat., 37. p. 122.) B A such numbers of statues, the workmanship natural ly became worse in proportion as the honour sank in public estimation. During this time it became customary to combine with the statues of kings and generals symbolical '■epresentations of towns, wh'oh are called rvxai mXtuv. In Magna Grsecia a"t gradually fell into decay after the wars with tliK Romans ; and the example of Capua, from which all the statues were carried to Rome, affords us an instance of the robberies and plunder which were committed by the Romans in other towns of Italy But even after the Roman conquests, the cultiva tion of the plastic arts cannot have ceased altogether, as we must infer from the numerous works found at Pompeii, some of which possess a higher degree of perfection and beauty than might have been ex peoted in works of so late a date. In Sicily the activity of the artists appears to have ceased aftei the Roman conquest, for the numerous works with which Syracuse was adorned, and with which we are made acquainted by Cicero,' mostly belong to an earlier period. Shortly before the taking of Corinth by Mum- mius, statues in bronze and marble were revived at Athens ; and, although the artists were far inferioi to those of former times, yet they still produced works of great excellence, as they showed their good sense and taste by making the masterworks of their predecessors the subjects of study and imi- tation.' Among those who contributed most to this revival of statuary were Cleomenes (who made the Medicean Venus, an imitation of that of Cnidus, but inferior in point of taste and delicacy), his son Cleomenes (by whom there is a statue in the Lou- vre, which shows an exquisite workmanship, but little life), Glycon, Apolljnius, and others. About the close of this period, and for more than a century afterward, the Romans, in the conquest of the countries where the arts had flourished, made it a regular practice to carry away the works of art ; and, as they were unable to appreciate their value and merit, they acted, in many cases, no bet- ter than rude barbarians, regarding the most pre clous relics of art in no other light than that ol chairs and tables, which might be made again at pleasure, and at any time. At first these robberies were carried on with some moderation, as by Mar- cellus at Syracuse and by Fabius Maximus at Tarentnm, and only with a view to adorn their triumphs and the public buildings of Rome. The triumphs over Philip, Antiochus, the .^tolians, the Gauls in Asia, Perseus, Pseudo-Philip, and, above all, the taking of Corinth, and subsequently tho victories over Mithradates and Cleopatra, filled thf Roman temples and porticoes with the greatest va- riety of works of art. After the taking of Corintlk the Roman generals and governors of provinces be gan to show a kind of amateurship in works of art which was probably more owing to the fashion pre- vailing among the Roman grandees than to any rea' taste or love for the fine arts : they now robbet whatever they could to adorn their own residences. Sometimes either their avarice or necessity induced them to melt down the most precious works with- out any regard to artistic worth. The sacrilegious plunder of temples, and tliC carrying away of the sa cred statues from the public sanctuaries, which had at first been prevented to some extent by the pon- tiffs, became afterward a common practice. The manner Jn which Verres acted in Sicily is but one of many instances of the extent to which these rob- beries were carried on. The emperors, especially Augiistus, Caligula, and Nero, followed these exam- ples, and the immense numbei of statues which. 1. (c. Vera., iv.)— 2. (Plir ri. N zxiiv,, 19.) 921 STAl'UAKS. STATUARY. notwithstanding all this, remained at Rhodes, Bel- phi, Athens, and Olympia, is truly astonishing.' Beiore we proceed to describe the state of statu- ary during the last stage, in which Rome was the centre of the ancient world, it will be necessary to give an outline of the history of statuary among the Etruscans and Romans down to the year 146 B.C. The Etruscans were, on the whole, an industri- ous and enterprising people. Different hypotheses haye been proposed to account foi the cultivation of he arts, in which this nation excelled all others in central and northern Italy, as well as for the pecu- liar style in some of their productions. Some wri- ters think that it was owing to colonies from Lydia, which were established at Caere and Tarquinii ; others, that the Etruscans themselves were a Pelas- gian tribe. W ith the works of Grecian art they must have become acquainted at an early time, through their intercourse with the Greeks of south- ern Italy ; and their influence upon the art of the Etruscans is evident in numerous cases. The East, also,' appears to have exercised some influence upon the Etruscans, as many works of art found in Etru- ria contain precisely the same representations as those which we find in Asia, especially among the Babylonians. However this may have been effect- ed, we know for certain that the whole range of the fine arts was cultivated by the Etruscans at an early period. Statuary in clay (which here supplied the place of wood, foavo, used in Greece) and in bronze appears to have acquired a high degree of perfection. In 267 B.C., no less than 2000 bronze statues are said to have existed at Volsinii," and numerous works of Etruscan art are still extant, which show great vigour and life, though they do not possess a very high degree of beauty. Among them we may mention the Chimaera of Arretium (at Florence) ; the Capitohne She-wolf,= which was dedicated in B.C. 296 ; the Minerva of Arezzo(now at Florence), and others. Some of their statues are worked in a Greek style ; others are of a char- acter ^jsculiar to themselves, and entirely different from works of Grecian art, being stiff and ugly ; others, again, are exaggerated and forced in their movements and attitudes, and resemble the figures which we meet with in the representations of Asi- atic nations. Etruscan utensils of bronze, such as candelabra, paterae, cups, thrones, &c., embellished with various ornaments and figures, were very highly valued in antiquity, and even at Athens at a time when the arts were still flourishing there * Their works in stone, especially the alto and basso relievos, which are found in considerable numbers on chests containing the ashes of the dead, are, with few exceptions, of very inferior merit. The Romans, previously to the time of the first Tarquin, are said to have had no images of the gods, and for a long time afterward their statues of gods in clay or wood were made by Etruscan artists.' During the early part of the Republic, the works executed at Rome were altogether of a use- ful and practical, and not of an ornamental charac- ter, and statuary was, in consequence, little cultiva- led. But in the course of time, the senate and the people, as well as foreign states, which were in- debted to some Roman, began to erect bronze stat- ues to distinguished persons in the Forum and other places.' The earliest works of this kind which we can consider as really historical are the statues of Attus Navius,' of Minucius outside the Porta Tri- gemina, and of Pythagoras and Alcibiades; which 1. (FmJ. ViVJiel, Ueljer die Wegfuhrung dor Alten Kunst- werke aus den eroberten LSLndern nach Rom. — Miiller, Arch., p. 165, &e.)—2. (Plin., H. N., ixxiv., 16, 18. — Compare Vitruv., iii., 2.)— 3 (Dionys., i., 79.— Liv., x., 23.)— 4. (Athen., i., p. 29 ; IT., p. 700.)— 5. (Flin., H. N., xjtxv., 45 ; xxxiv., 16.)— 6. (Id. ib., Mxiv., 14.)— 7. (Id.,xxxiv., 11.— Cic, De Div., i., 11.) 922 Stood in the corners of the comitium roin the yeai B.C. 314 down to the dictatorship of Sulla.' The last two statues were undoubtedly of Greek work- manship. The earliest metal statue of a deity was, according to Pliny, a Ceres which was made, of the confiscated property of Spurius Cassius, about 485 B.C.' Two other metal statues of gods were the Capitoline Hercules, 306 B.C.,= and the colossal statue of the Capitoline Jupiter, which, according to Livy, was made about 490 B.C.* The number of statues of men in the Forum appears soon to have become very great, and many persons seem to have had them erected there without any right : hence, in lei B.C., the censors P. Cornelius Scipio and M. Popilius removed from the Forum all statues of magistrates which had not been erected with the sanction of the senate or the people." A statue of Cornelia, the mother of the Gracchi, stood in the porticos of Metellus. The artists by whom these, and other statues were executed were undoubtedly Greeks and Etruscans. V. Fifth Period, from 01. 158 (B.C. 146) to the fall oj the Western Empire. During this period Rome was the capital of neai- ly the whole of the ancient world, not through its intellectual superiority, but by its military and polit- ical power. But it nevertheless became the centre of art and literature, as the artists resorted thither from all parts of the Empire for the purpose of seek- ing employment in the houses of tlie great. The mass of the people, however, had as little taste for, and were as little concerned about the arts as ever.' In addition to this, there was still a strong party of the Romans who, either from an affected or an hon- est contempt- for the Greeks, entertained the vain hope of being able to restore the olden times These circumstances account for the fact that a man like Cicero thought it necessaiy to conceal ■»nd disguise his love and knowledge of the fine arts. It was, therefore, only the most distinguished and in- tellectual Romans that really loved and cherished the arts. This was both a fortunate and an unfor- tunate circumstance : had it not been so, art would have perished at once ; now it continued in some degree to be cultivated, but it experienced the same fate, which it has met with at all times, when it has continued its existence without the sympathies of the people, and merely under the patronage of the great. Notwithstanding these unfavourable circum- stances, there were a number of distinguished ar- tists at Rome during the latter period of the Repub- lic, who had really imbibed the spirit of the ancient Greeks, and produced works of great beauty and merit. We need only mention such names as Pasi- teles of southern Italy, who was a Roman citizen, and made an ivory statue of Jupiter for the Temple of Metellus ;' Arcesilaus, of whom Pliny mentions several highly valued works, and whose models were prized more than the statues of others ; De- cius, who even ventured to rival Chares in the art of founding metal statues ; Praxiteles, Diogenes, and others. During the Empire the arts declined, and, with some noble exceptions, merely adminis- tered to the vanity, luxuries, and caprices of the emperors." The inertness of the times, says Pliny,' has destroyed the arts ; and as there were no more minds to be represented, the representations of the bodies were likewise neglected. Occasionally, how- ever, excellent and talented sculptors still arose, and adorned the palaces of the emperors with beautiful 1. (Plin., H. N.,ixxiT., 12.)— 2, (Id., xxxiv., 9.) — 3. (Lit. ix., 44.)— 4. (Id., ix., 40 ; x., 38.— Plin., H. N., xxxir., 18.)— t (Id. ib., xxxiv., 14.)— 6. (Horat. ad Pis., 323.— Petron , liS.)— T (Plin., H. N., xxxvi., 4, <) 12.) —8. (Senec. Epist., 88.)— 9. (H. N., xxVT., 2.) STATUARY. STATUARY. gniups. Pliny' mentiona as such Craterus, Pytho- ddrus, Polydectes, Hermolaus, a second Pythodorus, .Irtemon, and Aphrodisius of Tralles. In the time of Nero, who did much for the arts, we meet with Zenodorns, a founder of metal statues, who was commissioned by the emperor to execute a colossal statue of 110 feet high, representing Nero as the Sun. The woric was not completely executed, as the art of using the metal had fallen into oblivion. In A.D. 75 the statue was consecrated as a Sol, and was afterward changed into a statue of Commodus by' altering the head.' The principal sculptured works that were produced during the Empire were, ! . Reliefs on public monuments, such as those adorn- ing the triumphal arch of Titus, which represented the apotheosis of the emperor, and his triumph over Judasa The invention and grouping of the figures are good and tasteful, but the execution is careless; The same may be said of the reliefs of the Temple of Minerva in the Forum of Domitian, in which the drapery in particular is very bad. 2. Statufcs and ousts of the emperors. These may again be divi- ded into classes, and are easiest distinguished by the costumes in which they are represented. They are (a.) faithful portraits in the costume of ordinary life {toga), or in the attire of warriors {statute thora- catce), generally in an attitude as if they were ad- dressing a body of men, as, e. g., the colossal statue of Augustus in the palace Grimani. To this class also belong the equestrian statues, and the statues upon triumphal cars with from two to six horses, and sometimes even with elephants, which were frequently made for emperors out of mere vanity, and without there having been any real triumph to occasion such a work.' (6.) Such statues as were intended to show the individual in an exalted, hero- ic, or deified character. Among those were reck- oned the so-called Achillean statues, which were first made in the time of Augustus ; they were na- ked, and bore a hasta in one hand ;* and, secondly, statues in a sitting position, with the upper part of the body naked, and a pallium covering the loins. These statues were intended to represent an em- peror as Jupiter, but sometimes also as an Apollo.' This method of representing an emperor as a god was at first practised with much good taste. The statues of the ladies of the imperial families are like- wise either simple and faithful portraits, or they are idealized as goddesses : specimens of each kind are still extant. The custom adopted in the Macedo- nian time, of combining allegorical representations of towns and provinces with the monuments erected in honour of the sovereigns, was sometimes follow- ed by the Romans also, and some of them were made by very distinguished artists.' In the reign of Trajan, the column of Trajan, with sculptures representing the victory of this emperor over the Dacians, and other similar works, were executed. We also possess a beautiful colossal statue of Nerva in the Vatican, and in the Louvre there is a beauti- ful statua thoracata of Trajan, and several fine busts of the same emperor. Down to the reign of Hadrian, statuary had be- come more and more confined to the representation of subjects of a common nature, so that at length we scarcely find anything else but the records of victories in the reliefs on the public monuments, and the various kinds of statues of the emperors and the members of their families. But in the reign of Ha- drian the arts seemed to begin a new aera. He him- self was undoubtedly a real lover and connoisseur 1. (H. N., xxnwi., 4, 1) II.)— 3. (Id., xxxit., 18.— Heiodiani i, !5.)— 3. (Dion Cass,, liii., 22.— Stat., Syly., i., 1.— Mart., ix., 69. —Tacit., De Orat., 8, 11.— Juv., vii., 126.— Plin., H; N., xxiiv., 10.)_4. (Plin., 1. c.) — 5. (Muller, Arch., p. 219.) — 6. (Strab;, ■v., p. 102.— Muller, Arch., p. 220.) 01 art, and he encouraged it not only at Rome, ba? in Greece and Asia Minor. The great villa of Tra- jan below TivoH, the ruins of which cover an ex- tent of ten Roman miles in circumference, was richer in works of art than any other place in Italy. Here more works of art have been dug out of the ground than anywhere else within the same com- pass. Hadrian was fond of the ancient forms in art as well as in language, and many works in the archaic style still extant may have been executed at this time. Some statues made at this time com- bine Egyptian stiffness with Grecian elegance, and especially the representations of Egyptian deities, such as that of Isis, are half Greek and half Egyp- tian. But by the side of this strange school there existed another, in which the pure Greek style was cultivated, and which has produced works worthy of the highest admiration. Foremost among these stand the statues and busts of Antinous, for whom the emperor entertained a passionate partiality, and who was represented in innumerable works of art. The colossal bust oiAntinous in the Louvre is reck- oned one of the finest works of ancient art, and is placed by some critics on an equality with the best works that Greece has produced. The two cen- taurs of black marble on the Capitol probably belong to the reign of Hadrian : one of them is executed in an old and noble style, and is managed by a little Eros riding on his back ; the other looks more like an intoxicated satyr. There are also some very good works in red marble which are referred to this period, as it is not known to have been used before the age of Hadrian. As the arts had received such encouragement and brought forth such fruits in the reign of Hadrian, the effects remained visible for some time during the reign of the Antonines. Antoninus Pius built the great villa at Lanuvium, of which ruins are still extant, and where many excellent works of art have been discovered. But sophistry and pedantic learn- ing now began to regard the arts with the same contempt as the ignorance of the Romans had for- merly done. The frieze of a temple, which the sen- ate caused to be erected to Antoninus Pius and Faustina, is adorned with griffons and vessels of very exquisite workmanship ; but the busts and statues of the emperors show in many parts an af- fected elegance, while the features of the counte- nance are tasteless and trivial copies of nature. The best among the extant works of this time are the equestrian statue of Marcus Aurelius of gilt bronze, which stands on the Capitol, and the column of M. Aurelius, with reliefs representing scenes of his war against the Maroomanni. The busts which we possess of M. Aurelius, Faustina, and Lucius Verus, are executed with very great care, especially as regards the hair. The number of the extant busts of the Antonines amounts to above one hun- dred ; and the rate at which busts of emperors were sometimes multiplied, may be inferred from the fact that the senate sometimes ordained that the bust of an emperor should be in the house of every citizen. After the time of the Antonines, the symptoms of decline in the arts became more and more visible. The most numerous works continued to he busts and statues of the emperors, but the best among them are not free from afl^ectation and manneritra. The hair, especially in the representations of fooiiile figures, becomes gradually utterly tasteless ; and in- stead of the natural hair, the artists made it a point to show that it was a large peruque, which in some oases might be put on and taken off at pleasure. {Vid. Galerus.) In the time of Caracalla many statues were made, especially of Alexahder the Great. Alexander Severus was a great admirer at 923 STATUARY. STILUS. tataes, not from a genuine love of art, but because 'le delighted in the representations of great and good mei.'.' Ths reliefs on the triumphal arch of Sep- timius Severus, representing his victories over the Parthians, Arabs, and the Adiabenians, have scarce- ly any artistic merits. During this time of decay the custom arose of adorning the sarcophagi with figures in high relief, representing scenes from the legecJs of Demeter, Dionysus, and from the he- roic ages of Greece ; sometimes, also, the fable of Eros and Psyche : sU these contained allusions to the immortality of the soul. Art, however, now declined with great rapidity : busts and statues were more seldom made than before, and are awk- ward and poor ; the hair is frequently indicated by nothing else but holes bored in the stone. The re- liefs on the sarcophagi gradually become monoto- nous, lifeless, and evidently executed without spirit. The reliefs on the arch of Constantine, which are not taken from that of Trajan, are perfectly rude and worthless, and those on the column of Theodosius were not better. Art, in the pfoper sense of the word, ceased to exist ; statues of victors in the public games continued to be erected down to the fourth, and statues of the emperors (at Constanti- nople) down to the eighth century ; but at Rome, as at Constantinople, those who were honoured in this way were more concerned about their rank and dress being properly represented in their statues, tlian about the real artistic merit of the work. Stat- uary became mere manual labour, and required no- thing but mechanical skill. At Constantinople, how- ever, where statues had been collected from Rome, Greece, and Asia Minor, the events of history al- lowed t'le plastic arts to die away more gradually than in Italy. Befon? concluding, it remains to say a few words n the di'Stiuction of ancient works of art. During he latter part of the reign of Constantine, many stat- ues of tie gods were destroyed and melted down, and not l(>ng after his time a systematic destruction began, wUch under Theodosius spread over all parts of the Empire. This spirit of destruction, however, was not directed against works of art in general and as such, but only against the pagan idols. The opinion, therefore, which is entertained by some, that the losses we have sustained in works of an- cient art are mainly attributable to the introduction of Christianity, is too sweeping and general. Of the same character is another opinion, according to which the final decay of ancient art was a conse- quence of the spiritual nature of the new religion. The coincidence of the general introduction of Chris- tianity with the decay of the arts is merely acci- dental. That the early Christians did not despise the arts as such, is clear from several facts. We know that they erected statues to their martyrs, of which we have a specimen in that of St. Hippolitus in the Vatican library ; and it is expressly stated that Christians devoted themselves to the exercise of the arts." , The numerous works, lastly, which have been . found in the Christian catacombs at Rome, might alone be a sufficient proof that the early Christians were not hostile towards the rep- resentation of the heroes of their religion in works of art. The hostility, such as it appears in the wri- tings of Augustin, cannot therefore have been gen- eral : and, in fact, Christianity during the Middle Vges became as much the mother of the arts of modern times as, the religion of Greece was the mother of ancient art. Another very general and yet incorrect notion is, that the Northern barbarians, after the conquest of Rome, intentionally destroyed works of art. This opinion is not supported by any (I.amprid., AI. Sev. «5.)— 3. fBatoniue, Annal. ad A., 303.) 924 of the contemporary historians, nor is it at all prolv able. The barbarians were only anxious to carry with them the most precious treasures in order ti enrich themselves j a statue must have been an ob ject of indifference to them. What perished, per ished naturally by the circumstances and calamities of the times : in times of need, bronze statues were melted down, and the material used for other pui poses ; marble statues were frequently broken to pieces and used for building materials. If we con- sider the history of Rome during the first centuries after the conquest of Italy by the Germans, we have every reason to wonder that so many specimens of ancient art have come down to our times.' STELAI ((77-i7;iaO. (7id. Funus, p. 457.) STHEN'IA (cBevia), a festival with contests, cel- ebrated by the -4.rgives in honour of Zeus, surnamed Sthenius, who had an altar, consisting of a large rock, in the neighbourhood of Hermione.' Plutarch' states that the vakri or wrestling, which formed a part of tlie contests at this festival, was accompa- nied by a flute ; and he also mentions a tradition, according to which the festival had originally been ' held in honour of Danaus, and that it was afterward consecrated to Zeus Sthenius. STIBA'DIUM. (Vii. Mensa, p. 633.) ♦STIB'IUM (.arififu), a Sulphuret of Antimony, used from the earliest times, and still employed al the present day in the East for tinging black the ' hair and eyebrows, the eyelashes and edges of the lids ; this last application being with a view to in- crease the apparent size of the eye. " Pliny's de- scription of slibium," says Dr. Moore, "does not suit, in all respects, the common sulphuret of anti- mony ; but this inineral may have been found then more frequently associated, as it now sometimes is with tlie white oxide, or with the nickeliferous su' phuret, to either of which Pliny's description of i as ' Candida nilensgue' might be with propriety ap- plied." Hardouin correctly states, according to Adams, that the ancients were most probably un- acquainted with pure antimony, which is a factitious substance, or, at least, is rarely found as a native ore. It is called Terpuyuvov by Hippocrates, from its being made into pastils of a square form." On the ancient antimony, consult Pliny's Natural His- tory.' STILLICI'DIUM. {Vid. Sehvithtes, p. 878.) STILUS or STYLUS is in all probability the same word with the Greek arti^of, and conveys the gen- eral idea of an object tapering like an architectural column. It signifies, 1. An iron instrument,' resembling a pencil in size and shape, used for writing upon waxed tab- lets.' . At one end it was sharjiened to a point for scratching the characters upon fthe wax,' while the other end, being flat and circular, served to render the surface of the tablets smorith again, and so to obliterate what had been written. Thus vertere sti- lum means to erase, and hencp to correct, as in the well-known precept scepe stilun verlas.^ The stylus was also termed grapkium,' and the case in which it was kept graphiarium'-'' or graphiaria theca. " The following woodcut is from a picture found in Hercu- laneum." 2. A sharp stake or spiVc placed in pitfalls before I. (Winckelmaun, Gesch. deT Kunst. — Meyer, Gesch. del bil- denden Kilnste hei den Griechen. — F. Thiersch, Ueber die Epochen der bildeuden Kunst unter den Griechen. — K. O. MiJl- ler, ArchSol. der Kunst, 2d ed., 1835.) —2. (Ilesych., s. v. Sfl^ via. — Compare Paua., ii., 38, i 7 ; 34, 4 6.) — 3. (De Mus., p. 1140,0—4. (Dioscoi-., ill., 99.— Plin., H. N., xxxiii., S3.— Har douin ad Plin., I. c. — Adan?B, Append., s. v. — Moore's Anc. Mia eralogy, p. 51.) — 5. (Ovid, Met., ix., 521.— Mart., xiir., 21.)— 6 (Plaut., Bacch., jv., 4, 63.— Plin., H. N.,xxxiv., 14.)— 7. (Cjiint. i., 1,«27.)— 8,(Hor., Sa', i., ID, 72.— Cic.,c. Verr., II., li., 41. —9. (Ovid, A.aor., i., 11 1'3.— Suet., Jul., 82,)— 10. (Mart., xiv 21.)— 11. (Suet,, ClauJ 35.)— 12. (Mus Dorbon., tora t\. '.» 35.) STfPBNDIUM STIPENDIUM. 1 ■ m ra ^m Hit 'iiti enchnient to embarrass the progress of an attacking enemy.' It was intended to answer the same purpose as the contrivances called cippi, lilia, and stimuli by Csesar." 3. A bronze needle or rod for picking worms off fruit-trees ;' also a wooden probe employed in gar- dening operations* It bears, also, the meaning of the stem of a tree or vegetable,' which is, perhaps, the primary significa- tion of arvTiog. *STIMMI, the Greek name for what the Romans called Stibium. (Vid. Stibidm.) STIPENDIA'RII. Jhe stipendiariie urbes of the Roman provinces were so denominated, as being subject to the payment of a fixed money tribute, " siipendium," in contradistinction to the vectigales, who paid a certain portion, as a tenth or twentieth of the produce of their lands, their cattle, or cus- toms. The word " siipendium" was used to signify the tribute paid, as it was originally imposed for, and afterward appropriated to, the purpose of fur- nishing the Roman soldiers with pay {siipendium'). The condition of the urbes stipendiariae is generally thought to have been more honourable than that of the vectigales, but the distinction between the two terms was not always observed.' The word sti- pendiarius is also applied to a person who receives a fixed salary or pay, as a " stipendiarius miles,'" a phrase which is sometimes used to denote a veteran who has received pay for many years, or served in many campaigns." Some MSS. have stipendiosus m the passage last quoted, which is, perhaps, a bet- ter reading." STIPE'NDIUM, a pension or pay, from stipem and pendo, because, before silver was coined at Rome, the copper money in use was paid by weight, and not by tale." According to Livy, the practice of giving pay to the Roman soldiers (ut sti-pendium miles de publico accipcret) was not introduced till B.C. 405, on the occasion of the taking of Tarracina or Anxur. He represents the change as the spon- taneous and unsolicited act of the senate ; but from another passage" we learn, that in the year 421 B.C. the tribunes had proposed that the occupiers of the public land should pay their vectigal regularly, and that it should be devoted to the payment of the troops. The concession \was probably accelerated by the prospect of the last war with Veil, and made with a view of conciliating the plebs, who, without some such favour, would in their then humour have refused to vote for the war. Livy also represents the funds for the payment to have been raised by a tributura or general tax ; but, as Arnold observes," " The vectigal or tithe due from the occupiers of the public land was to provide pay for the soldiers ; and if this were not suflScient, it was to be made good 1. (Bell. African., 31.— Silias, %., 415.)— S. (B. C, vii., 73.)— S. (Pallad., iv., 10, « 20.)— 4. (Colamell., :ti., 3, 4 53.)— 5. (Id., r., 10, 1) 21 ; xi., 3, 1) 46.) — 6. (Liv., iv., 60.- Tacit., Hist., iv., 74.)— 7. (Liv., xxxvii., 35.)— 8. (Hirtius, De Bell. Afric, 43.)— 9. (Vegel., De Be Milit., i.. IS.)— 10. (OBtlling, Gesch. derRBm. Stiatsvetf., p. 418.)— 11. (Varro, Ling-. Lat., v., 182, ed. Miiller. — Plin., II. N,xx]t., 3.) — 12. (iv., 3e.).-13. (Hist, of Bome, i., p. 369. — I'omparc Niebuhr, ii , p. 440.) by a tax or tribute levied upon the whole people. This tithe, however, was probably paid very irregu- larly, and hence the pay of soldiers would, in poin) of fact, be provided chiefly out of the tributain." A few years after this concession (B.C. 403), and du ring the hostilities against Veii, a certain amount of pay was assigned {certus numerus ceris est assit;- nalus^) to the knights also, or Eqhites, p. 41f) Livy, however, seems to be here speaking of Ihf citizens who possessed an equestrian fortune, but had no horse (equus publicus) assigned to them by the state ; for it had always been customary for the knights of the 18 centuries to receive pay out of the common treasury in the shape of an aUowance for the purchase of a horse, and a yearly pension of 2000 asses for its keep. ( Vid. ^a Equestre, .lEs HoRDEARiuM.) Heuco Niebuhr" doubts the accura- cy of the account which is given by Livy,^ and ob- serves that " the Veientine war cannot have been the occasion on which the practice of giving pay to the troops was first established : the aerarii must undoubtedly have always continued to pay pensions (capita) to the infantry, in the same way as single women and minors did to the knights : and the change consisted in this, that every legionary now became entitled to pay, whereas the number of pen- sioners had previously been limited by that of the persons liable to be charged with them ; and hence the deficiency was supplied out of the aerarium from the produce of the vectigal, and when this failed, by a tribute levied even from those plebeians who were themselves bound to serve." Consequently, the tribunes murmured that the tribute was only impo- sed for the sake of ruining the plebs.* In support of his'opinion, Niebuhr* advances arguments which at least make it very probable that the "p.iterna legislation" of Servius TuUius provided for the pa/ of the infantry in the manner mentioned ; but even admitting this, the practice might have been discon- tinued, so as to justify the statement made on tliia subject by Livy. We have not space to repeat oi discuss those arguments here, and therefore simply refer to them in vol. i., p. 374, and vol. ii., p. 441, of his History. According to Polybius," the daily pay of a legionary amounted, in his time, to two oboli, which, as he makes a drachma equivalent to a denarius, and a denarius, in paying the soldiers, was then estimated at ten asses,'' and not at six- teen, as was usual in other money transactions, gives 3Jd asses a day, or 100 a month. Now the yearly pension of the knights (2000 asses), observes Niebuhr, gives, if we take the old year of 10 months, 200 asses a month ; just double the pay of the foot- soldiers. In later times the knights received triple pay {triplex stipendium merebant). This allowance was first established by the military tribune Cn. Cornelius Cossus (400 B.C.), and, according to Nie buhr, was then designed as a compensation to those who served with their own horses : it did not be- come the general custom till some time afterward. Polybius" thus speaks of the stipendium of his day, which he calls otpuvtov, as St. Luke' also does. "The foot-soldier receives as pay two oboli a day; the centurion twice as much ; the horseman a drachma or denarius. The foot-soldiers also re ceive in corn every month an allowance {dcmensum) of |ds of an Attic medimnus, or about 2 bushels of wheat ; the horsemen 7 medimni of barley and 2 of wheat. The infantry of the allies receive the same allowance {aiTO/ieTpovvrai) as the Roman ; the horsemen IJd medimni of wheat and 5 of barley. But there is this difference, that the allied forces receive their allowance as a gratuity ; the Roman 1. (Liv., v., 7.)— 2. (i., 474, and ii., p. 441.)— 3. (iv., 69.)— 4 (Liv., iv., 60.)— 5. (1. 0.)- 6. (vi., 37.)— 7. (Plin., 1. c.)— 8. (vi 37.)-9. (iii., 14.) 925 STCEBE. STRATEGOS. goldiers, ot iiie contrary, have deducted from their pay the money value of whatever they receive, in corn, armour, or clothes." There wras, indeed, a law passed by C. Gracchus,' which provided that, besides their pay, the soldiers should receive from, the treasury an allowance for clothes ; but from Tacitus' this law seems either to have been repeal- ed or to have fallen into disuse. The two oboli of Polybius, which we make equal to 3Jd asses, are reckoned by Plautns in round numbers at 3 asses. Thus he says,'. " Isti qui trium nummorum causa siUieunt sub falas." This amount was: doubled for the legionaries by Juhus Caesar* before the civil war. He also gave them corn whenever he had the means, without any restrictions {sine modo nen- suraque). Under Augustus' it appears to have, been raised to 10 asses a day (three times the original sum), or 300 a month, or 1200 in four months. Now, as the original amount of their pay had been tripled, the soldiers could not complain if the dena- rius were reckoned at 16 asses in payments made t*:; themselves as well as other persons ; and, taking this value, the 1200 asses amount to exactly 3 au- rei, or 3x400 asses. This sum, then, was, consid- ered as a unit, and called stipendium, being paid three times a year. Hence Suetonius says of Do- mitian,' " Addidit et quartum stipendium, ternos au- veos;" a fact which Zonaras' otherwise expresses by stating that, instead of 75 drachmae (i. e., dena- riij, Domitian gave the soldiers 100, i. e., he made an addition of 25 denarii or 1 aureus to their pay. The expression of Suetonius supposes that 3 au- rei were paid every quarter instead of every four months, after the addition made by Domitian ; that of Zonaras implies that 4 aurei instead of 3 were paid, as before, every three months, the annual amount being the same either way, and the quar- terly or four months' instalment of 3 or 4 aurei be- ing called a stipendium. Niebuhr's' statement on this subject is only partially correct, or else obscure : et any rate, if the soldiers received 10 asses a day, they must have received more than 1200 a year. The praetorian cohorts received twice as much as the legionaries.' The pay of the tribunes is not known ; but it was considered very great,'" and prob- ably was not less than 48 aurei per annum after the time of Domitian. We must not omit to mention that, if his pay were withheld, the Roman soldier was allowed, by an old unwritten custom, to distrain the goods (per pignoris capionem) of the officer whose duty it was to supply it. The eques was al- lowed the same privilege against the persons who were bound to furnish him with the aes equestre for the purchase of his horse, and the ses hordearium for its keep." From an expression which Livy'" puts into the mouth of a patrician orator, it might be supposed that the soldiers always received a full year's pay, independent of the .length of their SRrvice This, however, seoms so unreasonable, that we cannot but agree with Niebuhr in supposing that the histo- rian was misle*i by the custom of his own time, when a full year had long been the stipulated term of a soldier's pay as weE as of his service. Sl^PULA'TIO, SriPUIA-TOR. ( Vid. Oblou- TIONKS, p 673.) STrVA. (Vid. Abateum. p. 79.) SiTLENGIS (crrTixyyii). (Vid. Loutbon, p. 690.) STOA (CTTOtt). (Vid. PoBTicns.) STOCHMON (oToxstai)). (Vid. HoBoirfjaicnB.; »STCEBE {aT0i6n). " According to Hardouin, a species of ScaUosa ; but this opinion is rejected by i- (Pml. m vita.)— 2. (Aon., i. 17.)— 3. (Most., ii., i, 10.)— 4. (8mS., c. 86.)— 6. (SuBt. Octav., c. 49.— Tacit., L o.)— 6. (o., 7.) -7 (Ann., ii., p. 196.) —8. (ii., p. 443.)— 9. (Tacit., l.o.)— 10. anv., i\l . 132.)— 1,' . (Gains, lil>. iv., k 26-28.)— 18. (v., c. 4.) 126 Sprengel, who rather too confidently nfers it to the Peterium spinosum, L. Stackhouse holds it to be the Stabe centaurea."^ *STCECHAS (tTTotxdg), a species of Lavender, probably, as Sprengel maintains, the Lavandula Slachas.' STOLA was a female dress worn over the tunic . it came as low as the ankles or feet (ad talos stola demissa^), and was fastened round the body by a girdle, leaving above the breast broad folds (rag-o- siorem stola fronlem^). The tunic did not reach much below the knee, but the essential distinction between the tunic and stola seems to have been, that, the latter always had an Instita or flounce sewed to the bottom, and reaching to the instep.' Oyer the, stola the palla or pallium was worn {rnd. Pallhjm), as we see in the cut annexed.' Tiie stola seems to have been usually fastenea over the slioulder by a Fibula or clasp, and usually had sleeves, but not always. The stola was the characteristic dress of the Ro- man matrons, as the toga was of the Roman men.' Hence the meretrices were not allowed to wear it, but only a dark-coloured toga ;' and, accordingly, Horace' speaks of the matrona in contradistinction to the togata. For the same reason, women who had been divorced from their husbands on account of adultery were not allowed to wear the stola, but only the toga ;'° to which Martial alludes." *STOMO'MA. (Vid. Adamas.) STRA'GULUM. (Fid. Tapes.) STRATEGOS (arpaTriyo;). The office and title of aTpaTTiyof, or general, seem to have been more especially peculiar to the democratic states of an- cient Greece : we read of them, for instance, at Athens, Tarentum, Syracuse, Argos, and Thurii ;" and when the tyrants of the Ionian cities in Asia Minor were deposed by Aristagoras, he established arpaTtiyoi in their room, to act as chief magistrates." The strategi at Athens were instituted after the remodelling of the constitution by Clisthenes, to discharge the duties which had in former tanes been pS-formed either by the iting or the arouon polemarchus. They were ten in number, one fa each of the ten tribes, and chosen by the suffrages (X^ipoTovia) of the people.'* Before entering on theii duties, they were required to submit to a SdKt/iacca, or examination of their character;'* and no one was eligible to the office unless he had legitimate chil- dren, and was possessed of landed property in Atti- ca.'" They were, as their name denotes, intiusted 1. (DioBcor., IT., 12. — Theophi., i., 10.— Adams, Append., s. T.J —2. (Dioecor., iii.,- 28.— Adams, Append., a. v.)— 3. (Hor., Sat., i., a, 99.)— 4, (Mart., iii., 93, 4.)— S. (Hor., Sat., i., 2,29.— Ovid, At. Amat., i., 32.)— 6. (Mns. Borh., iii., tav. 7.)— 7. (Cic, Phil., ii., 18.)-^. (Tibull., it., 10, 3.- Mar: , i., 36,8.)— 9. (Sat.,i, 2,63.) — 10. (Schd. ad Hor., 1. c.) — n. (ii., 39; vi.,64,4.— Fid. Becker, Gallus, i„ p. 32), — 12. (WacbEmath, I., ii. 84.)— 13. (Herod., T. 38.)— 14. (Pollux, Onom., Tiii,, 87 >r-W (Ly»., o. Alcib., 144.)— 10. (Dinarcb.. c. Deraosth. , 98 J STRATEGOS. STRATEGUS. with the command on military expeditions, with the superintendence of all warlike preparations, and with the regulation of all matters in any way con- nected with the war department of the state. They levied and enlisted the soldiers {xare^e^av), either personally or with the assistance of the taxiarchs." They were intrusted with the collection and man- agement of the eiai^opai, or property- taxes raised or the purposes of war ; and also presided over, )T officiated as eieayuyei; in, the courts of jus- lice in which any disputes connected with this sub- ject or the trierarchy were decided." They also nominated from year to year persons to serve as trierarchs,' and took cognizance of the cases of Antidosis arising out of the trierarchy and proper- ty-taxes {kvoiovv raf uvndocEt^). They also presi- ded at courts-martial, and at the trials in cases of accusation for non-performance of military and na- val duties. {Vid. ASTPATEIAS and ANATMA- XIOT rPA$AI.) They likewise had the power of convening extraordinary assemblies of tile people in cases of emergency {vid. Eoclesia, p. 384), and from the instance of Pericles, it would almost seem that in critical times they had the power of prevent- ing an assembly being holden.' But their most important trjst was the command in war, and it de- pended upon circumstances to how many of the number it was given. At Marathon all the ten were present, and the chief command came to each of them in turn. The archon polemarchus also was there associated with them, and, according to the ancient custom, his vote in a council of war was equal to that of any of the generals.' In the expe- dition against Samos, also, all the ten generals were engaged,' the poet Sophocles being one of the num- ber f but it is obvious that in most cases it would be neither convenient nor useful to send out the whole number on the same undertaking, and, du- ring the course of a protracted war, it would be ne- cessary for some of them to be left at home in charge of the war department there. Accordingly, in the best times of Athens, three only were, for the most part, sent out ; one of these (rpi'rof avTof) was considered as the commander-in-chief, but his colleagues had an equal voice in a council of war. Sometimes a strategus, as Pericles, was invested with extraordinary powers :' in like manner, the three generals engaged in the Sicihan expedition, Nicias, Aleibiades, and Lamachus, were made ai- ToKpuTopei, or supreme and independent in all mat- ters connected with it."° So also was Aristides in his command at Platasa. But even in ordinary ca- ses the Athenian generals were not fettered in the conduct of a campaign by any council of war or other controlling authority, as the Spartan kings sometimes were ; still they were responsible for it, and in the time of Demosthenes" exposed, at the termination of their command, to capital indictment at the caprice of the people, or from the malevolence of personal emnity.'" Even Pericles himself* was fineil *if? tfie people for impoteuli ijaismaoagemi-^nt., bnt really oeoaase the Atnanians <"- a. (0. Mid., 5SS J o. Aristocr., 676.)— 13. {Tbxusyi., iL, 6S.)— U. (Woclumutb, U, 1, p. 410 — Demostb., FtaiL, i., 47, IS.) •troops, but only of the horse and foot of separate armies {arpaT^yog 6 km tuv SttAuv or oTrAirdiv, and 6 tin Tuv liTTriav) : and one of them, the general of the administration (,i km ttjc dioiK^aeoc), performed part of the judicial labours of the strategi and oth- er civil services, such as that of giving out the pay of the troops.' "We must also remember that the Athenian navy, as well as the army, was command- ed by the strategi, whence the • prffitoria navis" ot flag-ship is called arparriylc vavc' The strategi at Athens were perhaps the most important officers of the Republic, especially during war ; and among them are numbered some of her most distinguished citizens, Miltiades, Theihisto- cles, Pericles, Phooion, &c. But the generals of the early times differed in many respects from the contemporaries of Demosthenes. Formerly the gen eral and the statesman were united in one person ; the leader in the field was the leader in the assem- bly, and thus acquired a double influence, accom- panied with a double responsibility. But in later times, the general and the professed orator oi statesman were generally perfectly distinct,' and the latter, as will always be the case in free states, had by far the greater. influence. The last of the Athenian generals who was considered to unite the two characters was Phocion, who was general no less than forty-five times.* Accordingly, the various parties into which the state was then divided had each their orator and general, the former acting as a recognised leader ;° and a general, wlien absent on foreign expeditions, was liable to be mahgned or misrepresented td the people by an unfriendly and influential demagogue.' Hence we cannot Tvonder that the generals of the age of Demosthenes were neither so patriotic nor so distinguished as those of former times, more especially when we call to mind that they were often the commanders of mercenary troops, and not of citizens, whose presence might have checked or animated them. Moreover, thej siiffered in moral character by the contamination oi the mercenary leaders with whom they were asso- ciated. The necessity they were under of provi- ding their hired soldiers with pay, habituated them to the practice of levying exactions from the allies'; the sums thus levied were not strictly accounted for, and what should have been applied to the service of the state was frequently spent by men like Cha- res upon their own pleasures, or in the purchase of a powerful orator.' Another effect of the separa- tion of the two characters was, that the responsi- bility of the general and of the orator or minister was lessened, and it was in most cases easy for a general to purchase an apparently disinterested ad- vocacy of his conduct. There was this farther abuse connected with the system, that, according to Isocrates,' military command was so much coveted, that the election of generals was often determined by the most profligate bribery. The most eminent genera3s of thfl time of Do- mostneneF wetf Viax'theus. (Jhab.'vas, Jphiorares, and Diopitha,?, O&art* and J.ysicies « ere wferiw to them both in loyalty and skill, but tiie former and the mercenary Charidemus were freqaently em- ployed. Towards the decline of the Roman .EiH' pue the chief magistrate at Athens was called OTpanryoi, or the duke ; Constantine bestowed on him the title of fitycu; cTpanijdc, or the grand duke.' The military chieftains of the .iEtoliau aad Achaean leagues were also called arparriyoi The Achaean aTparnyo't had the power of convenicg a 1. (BSckh, Slaatsli., it, c 7.— Dem., Pro Coron., p. 265, 11.) 2. (Hermann, Lelirbach d. Giiech. Staatsalt., ^ 152.)---3. (llccr. De Pace, 170.)— 4. (Plut., Phoc., 5.— Wachsmuth, 1., ii., ^ 7».) — 5. (Demosth., Olyn., ii*, 26.) — 6. (Demosth., De Gheison., W, 12.— Wachsmuth, L c.) — 'I. (Thirlwall, Hist, of Greece, v., o 814.)— 8. (De Pace, 168.)— 9. (Julian, Orat., i.) 927 STRENA. STRyCHNUS. general assembly :.f the league on extvait!- nary oc- casions.' ♦STRATIO'TES {arparioTTig), a species of plant, probably a kind of water-lentil. " The oTpaTiuTin KOTufiioc was most probably, according to Sprengel, the Pistia Stratiotis. Woodville, treating of the common Yarrow or Millefoil, says of it, ' This plant appears to be the arpaTiur^c ;\;(/li60!;^Xof of the Greek writers.' It is pretty generally looked upon as being the Achillea millefolium. It got the name of Achillea from its being supposed the herb used by .\ .ihilles in dressing wounds."" STRATO'RES. 1. Imperial equerries subject to the tribunus stabuli. Their proper duty, as the name imports, was to saddle the horses ; they also led. them from the stable, and assisted the emperor to mount. Hence they were termed in Greek ava- 6o?.ilg. From the addition of miles to their title, it appears that they were considered as part of the military establishment.^ Consuls and praetors had their stratores, as we learn from inscriptions,' and perhaps aediles also.' 2. Officers sent into the provinces to select hor- ses for the stud of the prince or for the general ser- vice of the state.' These, in all probability, be- longed to the same body with those mentioned above ; the title stratores a pMicis rationibus, by which they are usually distinguished in works upovi Roman antiquities, rests upon no authority excepi the letters STR. A. P. R. in an inscription,' the in- terpretation of which is very doubtful. ; 3. Jailers under the orders of the commentaricn- lis, or chief inspector of prisons.' To these Ulpian refers,' " nemo proconsulum stratores suos haJjere po- test, sed eorumvice milites ministerioinprouiKciisfun- gunlur," although the passage is quoted inmost dic- tionaries as bearing upon the stratores of ttie stable." 4. In the later Latin writers, and especially in the monkish historians of the Middle Ages, stratores denote a chosen body of soldiers sent in advance of an army to explore the country, to determine the proper line of march, to select the spots best fitted for encamping, and to make all the arrangements necessary fur the safety and cornfort of the troops when they halted, their duties being in some re- spects analogous to those of the classical metatores, and in others to those of a modern corps de guides^'- 5. We find in an inscrij)tJ:on the words Diomedes Ap. Stratoe, which is grvnerally understood to com- .tiemorate the laoours of some individual in paving the Appian Way, anJ mention is made of stratores of this descriptio.< it another inscription found at Mayence.'' STRENA, a pre^e'it given on a festive day and for the sake of good ouicn,'^ whence a good omen is call- ed by Plautus bon i stnna.'* It was, however, chiefly applied to a newyear's-gifl, to a present made on the calends of January. In accordance with a sen- atus consultuLn, newyear's-gifts had to be present- ed to AugtisLuo in the Gapitol, even when he was absent." Tha person v/ho received such presents was accustomed to make others in return (strena- num commercium) ; but Tiberius, who did not like the custom on account of the trouble it gave him, and also of the expense in waking presents in re- 1. (J^iT.., xxxviii., 11 — Polyb., iv., 7, Ij 5.)— 2. (Dioscor., iv., 100, 101. — Adam.s, Append., s. v.)— 3. (Spart. Caracall., 7.— 4jmn. Marcell., xxx., 5.— Vid. Ducange, s. v.)— 4 (Orell., Inscr., 798, 3250, 3523.)— 5. (Oroll., n. )584.)-6. (Amm. Marcell., xix., 3.— Qod. Theod., viii., tit. 8, s. 4.— Cod., xii., tit. 25.— Sal- ins, ad Capitol., M. Antonin., 8 ; ad Trebell. Poll.,Valer., 3.)— (Grater, p. dlxix., u. 8 i—8. (Cod. Theod., ix., tit. 3, s. 1.)— 9. )ig. 1, tit. 16, s. 4.)-:- 10. (Compare the Notitia Dignitatum aperii Otientis, c. 13 and c. 101, in GrsBvii Thes. Rom. Antiq., cm. vii., p. 1375 and p. 1606.)— 11. (Symm., Epist. ad Theod. et Valent., 1.— Ducange, s. v.)— 12. (Orell., n. 1450, — Compare Fuchs, Geschichto Von Mainz.)— 13. (Festus, s. t.)— 14. (Stich., *.. 2,24.) — 15. (Suet., Occav., 57.— Compare Dion Cass., liv., «5) 928 turn, frequently left Rome at the beginning of Jan- uary, that he might be out of the way,' and als( strictly forbade any such presents to be offered him after the first of January, as he used to be annoyed by them during the whole of the month.' The custom, so far as the emperor was concerned, thus seems to have fallen almost entirely into disuse du- ring the reign of Tiberius. It was revived again by Caligula,' but abolished by Claudius ;* it must, however, have been restored afterward, as we find it mentioned as late as the reigns of Thoodosiuj and Arcadius." STRIGIL. (Fid Baths, p. 146; Loutrof, n 599.) *STRIX, the Screech Owl. (Vid. Glaux.) *STROMBUS .{aTpo/iSo^), a shellfish, called In French Trompe, in English Trumpet ; namely, the Cochlea Strombus, L.' STRO'PHIUM C'ct^^^'^t rawidiov, imMtajio^) was a girdle or belt worn by women round the breast and ove/ the inner tunic or chemise' IJereti slrophio tuclantes vincta papillds'). It appears from an ep- igram of Martial' to have beet< utually made of leather." *STROUTH'ION (arpoidtov), the Saponaria offi- cinalis, or Soapwort. " Lucian mentions," says (idams, " that the impostor Alexander used it to procure a discharge of saliva from his mouth."" 'STROUTHOS (arpoveoc). "A term used by Paulus .lEgineta in the same genera sense that Passcres is by Linnaeus, as applying to the order of small birds. It is more particularly applied, howev er, to the Passer domesticus, or House Sparrow Gesner supposes the mipylrri^ and Tpa-/2,oSvTri^ mere varieties of it ; but it is more probable that the lat- ter was the Hedge Sparrow, or Accentor modular is, Cuvier."'" *STPOTe(J~S, lityaXri, AdvK^, or 'ApaSiri, called also (n-pot;0o/cd^)?^of, the Ostrich, or Strouthio-came- lus, L. It h described by Xenophon, Aristotle, .(Elian, Diodorus, and others. Oppian calls it Aifitijjf ■KTEpoev fiorov uyn.v'koSeipov, and again, litrit arpov- Bolo Kujj.ri'kov. "The length of its legs and of its neck," says Griffith, speaking of the ostrich, " and certain habits peculiar to it, have caused it to be compared to the camel. Eldemiri, in his ' History of Animals,' informs us, that the vulgar beUef in Arabia is, that the ostrich is the production of a camel and a bird. From such approximations are derived the names which the ostrich has received in various countries. The Persian name of sutur- morg literally signifies camel-bird ; and it is the same with the strouthio-camelus of the Latins. We cannot, however, say with Aristotle, that the ostrich is of an equivocal nature, partly bird, partly quadruped ; but still we may aver that, in the chain of being, it evi- dently constitutes a link between the birds and the mammalia. Though decreed, from its bulk, to re- main upon the earth, and deprived of that faculty which is the eminent characteristic of its class, it has received in compensation a force and rapidity in the race far surpassing that of all other existing an- imals."" STRUCTOR. (Yid. Ccena, p. 275 ) *STRYCHNUS or -UM (arpixvot or -ov), the herb Nightshade. " I cannot pretend," says Adams, " to unravel all the confusion which invests the sub- ject of the ancient strychni. Both Celsus and Pliny 1. (Dion Cass., Ivii.. 8.) — 2. (Sutt., Tib., 34.— Dion Cass., Ivii., 17.)— 3. (Suet., Cal., 42.— Dion Cass., lix., 24.) -4. (Dion Cass., Ix., 6.)— 5. (Auson , Ep., xvni., 4. — Symm., Ep., x., 28.) —6. (Aristot., H. A.,i., 9.— Id., iv.,4; v., 13.— Adams, Append., s. T.)— 7. (Non., xiv., 8.)— 8. (CatuU., Ixiv.. 65.)— 9. (xiy., 66.) — 10. (Becker, Callus, i., p. 321.) — 11. (Dioscor., ii., 192.-- Theophr., H. P., vi., 4. — Adams, Append., s. v.) — 12. (.\dams. Append., s. V.)— 13. (Oppian, Hal., iv., 630.— Id., Cyueg,, iii.— GrifBth's Civier »ol v-ii,r 444, &c.— Adams, Af pend.. » »> STYRAX. SUCCESSIO. state thai, tbe Strychrws of the Greeks was called Solannn by the Romans. : The. Latin writers of the Middle Ages term it Mamella. Apuleius describes four species : the first called HortuaMs; the second called Cacdbum ; the third called Hypnotict aamnif- era, &c. ; the fourth, Furialis. Sprengel, in his an- notations on Dioscorides, arranges the strychni as follows : 1st. The arfyixvo^ Krjvatos is iitei Solanum nigrum (common Nightshade), or S. miniatum. 3d. 1'he a, [iiiKuKafof is the Physalis Alkcktngi, com- mon Winter-cherry. 3d. The u. vTvvanKog is the Physalis sommfera, or Cluster-leaved Winter-cherry. 4th. The a./iavmog is the Solanum Sodomewm, or Blaclc-spined Nightshade. . Theophrastus describes the first, third, and fourth species. - Stackhouse sup- poses the last to be the Alropa, belladonna, which, by-the-way, is generally isupposed to be the plant which Buchanan calls ' Solaimm somniferum,' and describes very graphically. Woodville thinks this species (the fourth) either the Atropa belladonna or Solanum dulcamara. Stackhouse agrees with Sprengel regarding the first and third species. On the stryehni of the ancients, see in particular Schulze (Toxicol. Ycterum, c. 18), whose account of them agrees in the main with that given above.'" STULTO'RUM FE'RUi. {Yid. Foknacalia.) stuprum. (fvd. .', ddltebiujj, concubina, Incesthm.) STYLUS. {Yid. Stilds.) ♦STYPTE'RIA (atvKTTipia).. "From the cir- cumstance alone of the localities in which Dioscor- ides says the arunrripia was found, namely, Melos, Lipari, Sardinia, &c., we can have no difficulty in deciding it to have been the Octohiedral Alum of Jameson, i. e.. Sulphate of Alumine and Potash. Tlie ancients, however, have described several varie- lies, which have exercisrd the ingenuity of the com- mentators to determine what they were. Alston calls the arvrtTiipia axisTr) 'alumen scissile vel plumo- sum.' He says, 'the true plumose or feathered alum is a salt, in colour and grain somewhat resembling amiantus, tasting like common alum.' Dr. Hill de- scribes the , plumose alum as consisting of efflores- cences which hang from the rocks in certain islands of the Archipelago, where the earth is full of alum. These specimens were called tpixittf by the Greeks, as if composed of hairs. He alludes, I presume, to the Hoar Salz (Hair Salt) of Werner, formerly sup- posed a variety of alum, but consisting^ according-to Klaproth, of a mixture of the sulphates of magnesia and iron. , Dr. Kidd states that the capillary or plu-" mpse ahim consists of very delicate fibres like down. The vypri, or liquid alum, according to Dr. Hill,' was what drops through the fissures of stones : when this assumed a round form, it was called aTporyyiXii; 'round.' Dr. Milligan finds fault with Drs. Jame-. son and Thompson for holding that the ancient alum sonsisted principally of the sulphate of iron : they were right, however, in regard to the alumen scissile^ or hair alum, which, as vire have stated^ Klaproth found to contain sulphate of iron. This variety was therefore xsonsiderablydiflferent from the common ajiaKTripia Of the Greeks."" ♦STYRAX (arvpai), a tree producing- a resinous guijn. The gum is called in Greek to arvpa^, and the tree which produces it ii or & aropa^. The gum is I'jiown in the dispensatories by the name of S^y, raxox Storax: It has a fragrant odour, and an agree^ able, slightly pungent, and aromatic taste ; it is stimulant, and in some degree expectorant. The storax of commerce is chiefly-obtained from Asiatic Turkey . The arvpa^ KaXofdrji, mentioned by Paulus 1. (Theophr., H. P., vii., 15 ; ii , 13.— Dioscor., iv., 71, "2, 73 74. — J^icand., Ther., 75.^Adam8, Ajppend., s. v.) — 2. (Dioscor., T., 123.— Plin., H. N., xxxT., S2.— Celsns, ?d Millipin, p. 182,— A^.aiu Apr.enJ., s. y.) .^gineta, is the Styrax calamita, so called because anciently packed up in reeds for safety of carriage. The styrax-tree is still called in the East istoiak oi isterk. The gum was formerly much employed in medicine, but now is little use-'l except in perfumes. Sonie suppose that the storax is the true thvs Judcco- rum, presented by the Magi to the infant Saviour ; others, however, are in favour c>f the balm exuded by the Amyris.^ *SUBER (,(l>iUoe), the Cork-tree, or Que-rcus Su bcr, L. {Yid. Phellus.) SUBLIGA'CULUM or SUCCINCTO'RIUM {dia- ^a/na, ■KepH^afia), Drawers." This article of dress, or a bandagewound abput the loins so as to answer the same purpose, was worn by athletes at the pub- lic games of Greece in the earliest ages {vid. Ath letjE : fuffot; vpv^) ; but the use of it was soon dis- continued, and theywent entirely naked.' The Ro- mans, on the. contrary, and all other nations except the Greeks, always adhered to the use of it in their gymnastic exercises,* It was also worn by actors on the stage," by those who were employed in tread- ing grapes (vid. Tokcular'), and by the Roman popa at the sacrifices, and it then received the de- nomination of W(niis,* which name was also applied to it as worn by Roman slaves.' The circumstance of the slaves in India wearing this as their only cov- ering,'" is agreeable to the practice of modern slave- ry in the West Indies and other tropical countries Some of the ancient Gauls had such a contempt foir death as to descend into the field of battle nakedi, with the exception of the subligaculum, or clothing; for the loins.'' . SUBSCRI'PTIO CENSO'RIA: (Firf. Infamia,, NoTA Censoeia.) SUBSECI'VA. (Yid. Leges Ageaei^, p. 37,;)', SUBSIGNA'NI. (Jid. Army, Roman, p. t98i). SUBSTITU'TIO. (Yid. Heees, Roman, 5>.498.> SUBSTITU'TIO PUPILLA'RIS. (Yid. Hebbs,, Roman, p. 498.) SUBTE'MEN. (Yid. Tela.) SUBU'GULA. (FiiJ. TuNiOA.) SUCCE'SSIO. This word is used to dtenow a right which remains unchanged as sueh,. but is changed with reference to its subject. The change is of such a nature, that the right, when viewed as attached to a new person, is founded on a preceding right, is derived frona it, and depends upon it. Thei right must accordingly begin to be attached to ther new person at the moment when it ceases to be at tached to the person who previously had it. Thus,, in the case of the transfer of ownerships bijr tradition,, the new ownership begins when the old ownership ceases, and it only arises in case tlie fonaec pos- sessor of the thing had the ownership;, that is, prior ownership is a necessary condition ef sttbeeqiuent ownership. This kind of change m ownership is. called successio. , It follows . from tlii« definition of it that usucapion is not included in it. The suc- cessio of a heres is included ; for theugh there might be a considerable interval between th« death andl the aditio hereditatis, when the heneditas was once- .taken possession of, the act of aditio. had, by a lega, .fictionj lelation to the time of the deaths Thus whereas we generally view persons who possest rights as the permanent substance and. the rights as , accidents, in the case of succession the right is the t- permanent substance, which persists m a series of persons. The notion of succession applies mainly, thougii 1. (Pioacor,, i., 79,^PauJua Jfigin-^vii., c, II. — Adama, Ap- pend., a. v.— Encyc. Americ, s. v.) — 2. (Joseph., A. X, iii., 7, » l.)-3. (Horn., Od., xviii,, 30.)— 4. (Sehol. ia Horn., D^ ziiii^ 683.— Isid,, .Orig., xviii,, \~.)—S. (ThiKycJ,, !„ 6,— Sehol, in loc. -.Clem, Alex., Pjedag.jiii , 9.— Isicl.,OriE., xii., 221.)— 6. (Cic- De Off.,i., 35.)— r.. (Goopon.,vi., 11.)— 8. (Viig.,.Eii.,xii J20 — SoTvius in loc.)— 9. (Gell., N. A.,xii., 3.) -^10. (Strabo. xv 1, « 73, p 158, ed. Sieb.)— II, (Diod, Sic, v., 29.) 929 SUCCESSIO. SYOOPHANTfSS. not exclusively, to property. With respect to the law that relates to familia, it applies so far as the parts of the familia partake of the nature of property, such as the power of a master over his slave, and the case of patronatus and mancipii causa. Thus the patria potestas and the condition of a wife in manu may be objects of succession. It applies also to the case of adoption. Successio is divided into singular succession and universal succession. These terms conveniently express the notion, but they were not Roman terms. The Roman terms were as follows : in universum jus, in earn duntaxat rem succedere ;> peruniversi- tatem, in rem succedere ;' in omne jus raortui, in singularum rerum dominium succedere ;' in univer- sa bona, in rei tantum dominium succedere.* It is singular succession when a single thing, as an object of ownership, is transferred, or several things together, when they are transferred eis indi- vidual things, and not as having relation to one an- other in consequence of this accidental common mode of transfer. The object of universal succession is property as an ideal whole (universitas) without any reference to its component parts. Yet the notion of succes- sion applies as well to a fraction of this ideal whole as to the unit which this ideal whole is conceived to be ; for the whole property being viewed as a unit, it may be conceived to be divided into frac- tional parts without any reference to the several things which are included in the ideal whole. It was also consistent with this species of succession that many particular rights should be incapable of being transferred : thus, in the case of an hereditas, the ususfructus of the deceased did not pass to the heres, and in the case of adrogation neither the ususfructus nor the debts of the adrogated person, according to the old law. . . The object of universal succession is a universi- tas as such, and it is by means of the words uni- versitas and universum that the Romans denote this kind of succession ; but it would be erroneous to infer from this use of the term that succession applies, to all universitates. Its proper application is to property, and the true character of universal succession is the inunediate passing over from one person to another of all the credits and debts that belong or are attached to the property. This hap- pens in the case of an hereditas, and in the case of adrogation as to most matters. The debts would be transferred by adrogation if this were not accom- panied with a capitis diminutio. Credits and debts . could not be transferred by singular succession. The cases of universal succession were limited, and • "Jhe notion could not be applied and made effectual at the pleasure of individuals. The most important cases of universal succession were the property of a deceased person ; as hereditas, bonorum posses- sio, fideicommissaria hereditas, and others of the like kind. The property of a living person might be transferred in this way, in the case of adrogatio, conventio in manum, and the bonorum emtio.' In many other eases, though the object is to transfer a whole property, it is, in fact, effected by the transfer oj the several things : the following are instances of this kind of transfer, the gift of a whole property, or its being made a dos, or being brought into a so- ; cietaSj or the sale of an hereditas by a heres. The notion of a universal succession among the [Romans appears to have been derived from the no- tion of the hereditas, to which it was necessary to attach the credits and debts of the deceased and the sacra. Other instances of universal succession. li (Dig. 21, tit. 3, s. 3.1—2. (Gains, ii., 97,— Dig. 43, tit. 3, s. J.)— 3. (Pig. 29, tit. 2, s. 37)— 4. (Dij. 39, tit. 2, s.24.) — 5. Oaiu5, ii., 98.) such as the bonorum possessio, grew out of the no- tion of the hereditas ; and it was found convenient to extend it to other cases, such as adrogation. But, as already observed, the extension of the no- tion was not left to the pleasure of individuals, and, accordingly, this doctrine was, to use a Roman phrase, juris publici. The words successio, successor, sui;cedere, by themselves, have a general meaning, and comprise both kinds of succession. Sometimes these words, by themselves, signify universal succession, as ap- pears from the context,' and by such expressioai as heredes ceterique successores. In other cases the kind of succession is denoted by appropriate words, as per universitatem succedere, acquirere, transire, in universum jus succedere, &c., in the case of uni versal succession ; and in rem, in rei dominium, in singularum rerum dominium succedere, &c., in the case of singular succession. In the phrase "yer universitatem succedere," the notion 01 universal succession is not directly ex- pressed ; for the phrase has immediate reference to the acquisition of a single thing, and it is only by means of the word universitas that we express the notion that the acquisition of the individual thing is effected by means of the acquisition of the whole.' SUCCESSOR. {Vid. Successio.) SUCCINCTO'RIUM. {Vid. SoBUOAcnLOM.) ♦SUCC'INUM, the Latin name for Amber, founded on the belief that it consisted of the resinous juice (succus) of certain trees, which had in the course ot time become mineralized in the earth. ( Vid. Elec- TEOM.)^ *SYC'ALIS (avicaUc), "a small bird, called by the Itahans Becquefigo. Its Latin name is Ficedula. Brookes says it is the same bird which is called Pet- lichaps in Yorkshire, being about the size of a lin- net. He alludes, probably, to the Motacilla hypola- is, L."* *SYCAM'INDS (avKiiiuvos). {Vid. Moee,\.) *SYCE (.ovkt;), the fig-tree, properly called Ficus Carica. " The wild fig-tree is called tpiveug by Ho- mer. The BVKrj Aiyvirriij, called also Kepovia, is the Ficus religiasa according to Stackhpuse, but ac- cording to Schneider the Ceratonia sili^ua, L., or Carob-tree. The cvk^ 'Ale^avSpeta is the Pyrus amelanchier according to Sprengel, the Lonicera Pyrenaica according to Stackhouse. The avu^ 'Iv- SiKTi is the Ficus Indica, or Banyaj, according to Sprengel, the Rkizophora mangle, or Mangrove, ac- cording to Stackhouse. The Banyan, or Indian Jig- tree, is noticed by Theophrastus, Phny, Strabo, Dio- dorus Siculus, (juintus Curtius, Arrian, and Athe- nseus."' *SYCOM'OROS or -ON {avicdfiopoc, -ov), the Syc- amore-tree, or Ficus Sycomorus. {Vid. Mokea.) SYCOPHA'NTES (ffuKo^uiTi??). At an early pe- riod in Attic history, a law was made prohibiting the exportation of figs. Whether it was made in a time of dearth, or through the foolish policy of preserving to, the natives the most valuable of their produc- tions, we cannot say. It appears, however, that the law continued in force long after the cause ot its enactment, or the general belief of its utility had ceased to exist, and Attic fig-growers export- ed their fruit in spite of prohibitions and penalties. To inform against a man for so doing was consid- ered harsh and vexatious, as all people are apt to think that obsolete statutes may be infringed w'th impunity. Hence the term avKOi^avTelv, which ori- ginally signified to lay an information against another 1. (Gaius, iii., 82.) — 2. (Savigny, Sygtem, &c., iii., p. 8.— Gaius, ii., 97, &c. — Austin's Outlines of a Course of Lectures on General Jurisprudence may also be consulted as to the subject ol this article.)— 3. (Moore's Anc. Mineral., p. 105.)— 4. (Adams, Append., s. v.)— 5. (Theophj:., II. P., i., 5 ; ii., 3 • iv., 2, 4.— Di oscor., i., 184.— Eustath. ad II., vi., 423. — .\darAS, d ppemj,. b v 1 srCOPHANTES SUFFRAGIUM for $xpo-ting figs, came to be applied to all ill-na- lured, malicious, groundless, and vexatious accusa- tions. It is deiined by Suidas ^eniSuf tlvoq Karri- yopuv} As to a different origin of the word, see Bockh." 'Zvs.oi^u.vTtig, in the time of Aristophanes and De- mosthenes, designated a person of a peculiar class, not capable of being described by any single word in our language, but well understood and apprecia- ted by an Athenian. He had not much in conunon with our sycophant, but was a happy compound of the common barrelor, informer, pettifogger, busybody, rogue, liar, and slanderer. The Athenian law per- mitted any citizen {tov ^ovM/ievov) to give informa- tion against public offenders, and prosecute them m courts of justice. It was the policy of the legis- lator to encourage the detection of crime, and a reward (such as half the penalty) was frequently given to the successful accuser. Such a power, with such a temptation, was likely to be abused, unless checked by the force of public opinion or the vigilance of judicial tribunals. Unfortunately, the character of the Athenian democracy and the temper of the judges furnished additional incentives to the informer. Eminent statesmen, orators, gen- erals, magistrates, and all persons of wealth and in- fluence, were regarded with jealousy by the people. The more causes came into court, the more fees accrued to the judges, and fines and confiscations enriched the public treasury. The prosecutor, therefore, in public causes, as well as the plaintiff in civil, was looked on with a more favourable eye than the defendant, and the chances of success made the employment a lucrative one. It was not always necessary to go to trial, or even to com- mence legal proceedings. The timid defendant was glad to compromise the cause, and the conscious delinquent to avert the threat of a prosecution by paying a sum of money to his opponent. Thriving informers found it not very difficult to procure wit- nesses, and the profits were divided between them. According to Theophrastus,' Athens was full of Ai- ovvaoKoXaKuv nai /IwTTodurwv nal ^evdofiaprvpuv Kal avKofavTuv Kal ipevdoKXTjTfjpuv. The character of the aiiiio(pu.vTai will be best understood by the ex- amples and descriptions found in the Attic writers. Ari.')tophanes directs the keenest edge of his satire against them.* Demosthenes says : novripov 6 av- KOfavrric Kal paanavov ical filairiov.^ SvKOfavTslv rpiinovTa /ivd; in Lysias,^ signifies " to extort thirty minas by sycophant-like practices.'" That the in- crease of litigation and perjury was in some meas- ure; owing to the establishment of clubs and politi- cal associations, and the violence of party spirit, may be gathered from various passages of the Attic writers." The Athenian law did indeed provide a remedy against this mischievous class of men. There was a ypaipii ovKofavriaQ tried before the thesmothetae. Any person who brought a false charge against another, or extorted money by threat of legal pro- ceedings, or suborned false witnesses, or engaged in a conspiracy to ruin the character of an innocent man, was liable to this ypa?^. He might also be proceeded against by ^aaig, evSec^ic, uxayuy^, npo- tolri, or daayyeUa.' (See articles Phasis, &c.) The trial was an dyav nfiriToc- The heaviest pun- ishment might be inflicted, together with ari/ua and confiscation of property. Besides this, if any 1 (Sleph.,Thesaur.,8873,4.)— 2. (Staatsh. der Atheii.,i.,46.) —a (ap. Athen., vi., 254, S.)— 4. (SeoparticalarlyAcham., 818; Atcs, 1410 ; Plut., 850.)— 5. (De Coron., 307.— Compare c. Eu- buL, 1309.)— 6. (c. Evand., 177, ed. Steph.) — 7. (See farther, Lys., Am- KiiraX. AroA., 171.— .ffisch., De Fals. Leg., 36, ed. Steph. — Demoslh., De Cor., 291.— Xen., Mem., ii., 9, 9 4 ; De Rep Ath i., 4.) —8. (Thucyd., viii., 54.— Dem., o. Bieot., De Dote, 1010 ; c Panlaen., 978 ; c. Zenoth., 885.)— 9. [JEaOi., De Fals Leg., 47, ed. Stejih. — Dem. c. Theocr., 1325.) man brought a criminal charge against another, ana neglected to prosecute it (eKc^eTSely), he was liable to a penalty of 1000 drachmas, and lost the privi- lege of instituting a similar proceeding in future, which was considered to be a species of dn/iia.' The same consequence followed if he failed to ob- tain a fifth part of the votes at the trial. The eva- beXia in civil action was a penalty of the same kind, and having the same object, viz., to prevent the abuse of legal process, and check frivolous and un- just actions. Such were the remedies provided by law, but they were found inefficacious in practice ; and the words of Aristophanes' were not more se vere than true : " there is no charm against the bite of a (nj/(o0avT)/f ."^ STKO^ANTI'AS rPA*H'. (Vid. Sycophantes.) SUDA'TIO, SUDATO'RIUM. (Jid. Baths, p. 149.). *SYENI'TES LAPIS (Swevitw Xi%), a species of stone quarried near Syene in Upper Egypt, whence its name., "Of this," says Dr. Moore, " were formed those celebrated obelisks described by Pliny, and which are sfiU gazed at with wonder either in Egypt or at Rome. This stone is classed by Winckelmann with granite, of which, he says, Egypt furnished two varieties, one red and whitish, of which are formed these obelisks and many stat- ues ; the other white, and black, peculiar, as he thinks, to Egypt."* StFFFRA'GIA SEX. {Yid. Equites, p. 416.) ' SUFFRA'GIUM, a vote. At Athens, the voting in the popular assemblies and the courts of justice was either by show of hands or by ballot, as is ex- plained under Cheirotonein and Psephos. It is commonly supposed that at Rome the people weie always polled in the comitia by word of mouth, till the passing of the Leges Tabellarise about the mid- dle of the second century before Christ {xii. Tabel- lakije Leges), when the ballot by means of tabellae was introduced. (KiiJ. Tabella.) Wunder,' how- ever, has shown that the popular assemblies voted by ballot, as well as by word of mouth, long before the passing of the Leges Tabellaria;, but that, in- stead of using tabellae, they employed stones or peb- bles (the Greek ■^iji^oC), and that each voter received two stones, one white and the other black, the for- mer to be used in the approval, and the latter in the condemnation of a measure. The voting by word of mouth seems to have been adopted in elections and trials, and the use of pebbles to have been con- fined to the enactment and repeal of laws. That the latter mode of voting was adopted in early times is proved by many passages of Dionysius, and especially by x., 41 : uq b dijiio; uTr^ret nif ^ly- ipovq, OS vedraToi, Tuv naTpmlav — to ayyela rav ijjij ' K6r(vw.oi,%, "where no hostilities are exercised against Athenians'." Thepeople of Athens passed a special decree to authorize privateering; and when any booty Vas taken by Athenian sub- jects, they reserved to themselves the right of de- termining whether it was lawfully taken; whether it 'ought to be kept or restored, and what should be done with it." >.The ancient practice may be com- pared with the modern one of granting letters of marque and reprisal.' SYLLOGEIS (mi/l^oyEJf), usually called "LvKko- ycig T&v iJjfiau, or the C(^ectors of thepeople, were special commissioners at' Athens, who made out a list of the property of the oligarchs previously to its confiscation." Theyfonhed ah ^PX^,^'' and seem to have been introduced after the' dominion of the ;i. (Tacit., Hist., i., 35.)— 2. (Suet. j Jul., 76.^Plin., Panegf., 51.)— 3. (DemOsth., c. Lacrit., 931.— Lysias, o. Nicom., 185, ed. Steph.)— 4. (iv., 26, 36,63.)— 5. (Thucyd,, v., US.)- 6. (De Coron. Trieraich., 1232.) — 7. (c. Laor., 927.) — 8. (Dem., c. TitiiSor., 703.— Argum., 694, 695.)— 9. (Harpocr., s. v. StiXns.- SchOmilnn, De Comit., 284.-^Id., Ant. Jur. Pub. Gr., 367.)— 10. (I.en Rhet., p; 304, Bekker.)— 11. (Hai-pocr., s. v. SuXXoy^ ) 933 Thirty Tyrants. It appears from an inscrjptioi that the trv7t.?ioyeii had to attend to the sacred- ritas connected with the worship of Athena and the Olympian Zeus, whence Bockh conjectures tha< they collected or summoned the citizens to certair sacred rites, in which the people were feasted; and that from this circumstance they derived their name : the property of the oligarchs, of which they are said to have made out a list for the purpose of confiscation, may have been applied to these public banquets, since confiscated property was not wn- frequently divided among the citizens." *SULPHUR. (Fid. Theion.) SULPI'CI.^ LEGES. (Vid. Lex, p. 586.) SYMBOLAION, SYNALLAGMA, SYNTHECE {mji66%aiov, awa7JM)'iia; awd^xr/), are all- words used to signify a contract, but are distinguishable from one another. SvfiGolatov is used of contracts and bargains between private persons, and peculiar- ly of loans of money. Thus avftSaletvek avdpdm- dov is to lend upon the security of a slave.' ^vvak- Kay/ia signifies any matter negotiated or transacted betvireen two or more persons, whether a contract or anything else.' XvvOtjkij is used of more solemn and iniportant bontracts, riot only of thosfe made between private individuals, but also of treaties and conventions between kings and states.* ^ As to the necessity or advantage of having writte'n agreements between individuals, see SyNOHAPHE. National compacts, on account of their great im portance, and the impossibility of otherwise pre- serving evidence of them, were almost always com- mitted to writing, and commonly inscribed on pillars or tablets of some durable material." Upon a breach, or on the expiration of the treaty, the pillars were taken do-vm.' For breaches of contract actions were maintain- able at Athens, called avfiBoXaiuv (or avvBriKdv) irap- ttSddEac Siicai.'' Such actions, it is apprehended, applied only to express contracts, not to obligations ex delicto, or the uKovaia (rwiSaX^uy/iara of Aristotle,' Thus, if I had promised to pay a sum of money by a certain day, and failed to perform that promise, an action for breach of contract would have lain at Athens. But it' my cow had broken my neighbour's fence, my obligation to repair the damage would have given rise, not to an action for breach of con- tract, but to a Smri /SAaS^c-' On the other hand, a 61x71 pXii6jj( would lie against a person who hart committed a breach of contract ; for he was regard- ed as a wrbngdoer, and liable to pay compensation to the party injured. Therefore DionysodorUs, who had failed to perform the conditions of a vavriKi; avyypafv, had a diki; jSAaSi/f brought against him by the persons who lent him money On his ship." The Athenian law frequently gave an option between various forms of action. It is riot, however, im- probable that the diKij avvBijK&v irapa6uaeag was only one species of the iiKri piaiTjg, and the name one of a less technical kind. Wherever a debt had become dub to a man by reason Of some previous contract, we may suppose that he had the option between an action of debt (;i;pEowf) and one for breach of contract. The same observation will apply to the SiKai napaicaTad^itri;, apyvpiov, and others of a similar kind. The main point of differ- ence might be this: that in a general action for I. (Corpus InSor; GKEC, No. 99, p. 137, 138; No. 15T, p.250.) — 2. (Dem.j c. Aphob., 822 ; c. Zenoth., 884. ; o. Fhorm., 907. c. Timoth., 1185; 6. Dionys., 1284.) — 3. (Dem., c Onet., SV, 869 ; c. Timocr., 760.)-^ 4. (Thucyd., i., 40 ; v., 18 ; viii., 37.— Xen., Hell., vii., 1, 1) 2.^Dera., De Rhod., lib. 199.— Do C«on., 251 ; c. Arista^,, 774. — Dinarch.,.c. Domosth., 101, ed.- Steph.) —5. (Thucyd., v., S3, 47.— VW. Aristoph., Ach., 727:)^fl (De- mosth.jPto Megaiop., 209.) ^-7. (Pollux, Onom., vi., 1.53; viii, 31.)— 8. (Ethic. Nicom.,.v., 4.)— 9. (Meier, Att. Proc, 476, 477.1 —10. (Demoath., 1282.— See also Pro Phorm, , 950 ; s. Callipp., 1240.) SYMBOLON, APO, DIKAl. SYMPHYTO^. meaeh of contract, the plaintiff wentfpr unliquidated damages, which the court had to assess ; whereas, upon 'a claim to recover a debt or sum certain, or a specific chattel, the court had nothing more to do than to determine whether the plaintiff was entitled to it or not ; the iiyuv was arifitiTOf. All such ac- tions were tried before the ■QEajiodiToi,.'- 'O/ioTioyla appears to be a word of less technical nature than avvdriKri, though (as we might expect in words of this sort) they are often used, indiffer- ently. Grammarians raa,ke , them synonymous.' SDnff^KOf ■KoiBtaSat or TiBiqBai fisTu. nyo; is to make an agreement with any one ; , e/i/icvuv rale ovvBiiKau;,. to abide by it ; imepSaiveiv or wopa6aivEm,to brealc or transgress. , Here we may. ot|serve that avvBrjicai IS constantly used in the plural instead.of awBrnrj, the: only difference being that strictly tte, former signifies the terms or articles of agreement,, in the same manner as SiaB^Kai, the testamentary disposi- tion, is put for SiaBriKri, the will., 2,ii^&/loii. also signifies a compact or agreement, but had hec.pwft (in Attic parlance) obsolete in this sense, except in the expression AiKat avb cvjiioliav. (Vid. Symbo^ LOJf, &c.) STMBOAAl'QN nAPABA'SEOS ^IKH. {Vid. Symbolaion.; ■ • , , . STMBOAQN. AlIO, A\K.kl{avii£61av, dnb„Siiceu). The ancient Greek states had no well-defined inter- national law for the protection of their respective members. . In the earlier times troops of robbers ased to roam about from one country to, another, and commit aggressions upon individuals, who in their turn made reprisals, and took the law into their own hands. Even when the state took upon itself to resent the injury done to its members, a violent remedy was resorted to, such as the giving authority to take afi/lffi or (yiata, a sort of national distress. As the Greeks; advanced in civilization, and a rcloser intercourse sprang up among them, disputes between, the natives of different countries were settled (whenever it was, possible) by. friendly negotiation. ,It, soon began to be, evident that it would be much better if, instead of any interference on the part of the state, such disputes could be decided by legal process, either in the one country or the other. Among every people, however, the laws were so framed as to render the administra- tion of justice more favourable to a citizen than to a foreigner ; and, therefore, it would be disadvantage- ous, and often dangerous, to sue a man, oi be sued by him, in his own country. The most friendly, re- lation, might subsist, between two states, such as av/iiiaxia or kmyafiia, and yet ,the natives of each be exposed to this disadvantage in their mutual in- tercourse. To obyiate such an evil, it was neces- Bary to have a special agreement, declaring the conditions upon which justice was to be reciprocally administered. International contracts of this kind were called irii/ifio/la, defined by Suidas thus : avvBfi- xai (if av uXkriKaiq al voXeic iJe/iEi'OJ rdrTuai Tott; JToUraCi; Hare dtSuvat koX XanBdveiv ra diaaca ; and the causes tried in pursuance of such contracts were called iix^i otto avii667i,av. The more constant and iriore important ,the, intercourse between any two nations, the more necessary would it it be for them to establish a good system of international jurisprudence. Commercial people would stand in need of it the most. Aristotle mentions the Tus- cans and Carthaginians as having av/iOoXa nepl rod «;? udticelv.' No such agreement has been pres^nved to us, and we know but little about the terms that were usually prescribed. The basis of them seems to have been the principle that actrr sequitur forum 1. (Meier, Att. Proc, 67, 184, 493-49", 510,) -3. (Harpocr,, s. f. ^AauvBcrfaraTov. — Suidas, s. v. Zvvd^iaj.) — 3. (Polit., ill., 1,3, uid 5, 10 ) ret ; but this, as well as other conditions, must have varied according to circumstances. Liberty of perT son and protection of property would no doubt be secured to the foreigner as far as possible ; and it would be the duty pf the wpo^svog to see that these rights were respected. A common proyision was, that the party who lost his cause might appeal, to the, tribunal of the other country, or to that of sometfiird state, mutually agreed upon.' This was perhaps suggested by the practice virhjch had grown up, of referring national quarrels to the arbitration of some,indiyJidual or third state.' , When the Athenians made any such treaty, they required it tp be approved of and finally ratified by a jury of the hehaea, under the direction of the thes- mothetae, . Hence Epllnx^ says of those magistrates, Tu CTi5/«$(j3,o,r^.ropof,T4c ^o^eic icvpovaw. The other opntractings state ,wa^ therefore compelled to send an envoy, tp, Athena., with, power to conclude the treaty (if he thought fit) as it was'drawn up and (Settled l)y,the.,thesmothet£e,3nd jurors. Most of the people with w^om,the,,Athgnians,had to deal were either subject pr, inferjoj" tptjiem,, and were cpntent, tp acquiesce in the abcye regulatieri. Philip, hpw- ever, would, not;, submit to it, and demanded that the terms should, receive final ratifljjation in Mace- donia, This demand is made the, sul^ect qf com plaint by, p,eB)ostheij.e.s.*, ,.,,.,,; The name o^ SlKai. am avjiSoXav ■yvas given also tp the, , causes w,hich th? allies of the Athenians sent to be tried at Athens.', This fact has been called in question by Bockh, but there is not much reason for doubting if. , It. is true that the expression is not strictly, applicable to causes, net between an Athenian and a fpreigner, but between two foreign- ers ; and it may be allowed that the object of the Athenians in bringing such causes to Athens wa,s, not to give the allies a better or speedier means of pbtaining justice, but to secure certain advantages to the imperial city." It is, however, not improba- ble that the arrangement was called aifi&o'Ka for the very purpose pf sqftening the harshness of the meas- ure, by giving an honourable name to that which, in reality, was a mark of servitude. For the same reason, the confederate states were called ai/i/iaxoi, allies, while in point of fact they were rather VTrij Kooc, or subjects. These pauses were tried in the summer months, yhen the voyage to Athens was more convenient, and (like all other, iiKai utto av/iSpXav) belonged to the juri^diptipn pf the thesmpthet.se. We have but one example pf such a cause preserved tp us, viz., the speech of Antiphpn pn the death pf Heredes, where beth the prpsecutor and the defendant are natives pfMytilene.' , . As tP the avfiSoXa given tp the jurers, see Dicas- TPS. SYMBOULOI (avfi6ov?.oi). {Vid. PAREnEoi.) SYMMORIA, {cviJ.fi.opiq.). XVid. Eisphora, p. 392 ; Teieearchia.) *SYM'PHYTON iavfiipvTovla plant having heal- ing, properties, Wallwprt or Cornfrey. The name is derived from its great efficacy in healing wounds, causing, as it were, tjhe lips of the wound to grow together rapidly : hence the language pf Phny : " Vulneribus sandndis tanta prtcstantia est, ut earncs (jHoque, dum coguuntur, conglutinet addita ; unde et Ch-i^pxoi against those persons who had .served in the cavalry during the interregnum, and who, by a special decree of the people, were ordered to restore to the treasury all the pay which they had received for that service.* {Vid. Synegoeos.) SY'NEDROI (aiveSpoi), a name given to the members of any council or any body of men who sat together to consult or deliberate. The congress of Greeks at Salamis is called aweSptov.^ Frequent reference is made to the general assembly of the Greeks, rb kolvou tg>v 'E^/I^vgiv cvvedptov, at Cor- inth, Thermopylae, or elsewhere.^ When the new al- liance of the Athenians was formed, after B.C. 377, upon fair and more equitable principles than the for- mer, the several states who were included therein were expressly declared to be independent, and a congress was held at Athens, to which each of the allied states sent representatives. The congress was called avviSpiov, and the deputies avveSpoi, and the sums furnished by the allies TOirufcif, in order to avoid the old and hateful name of fopog, or trib- ute.' Many allusions to this new league are made by the orators, especially Isocrates, who strongly urges his countrymen to adhere to the principle on which the league was formed, and renounce all at- tempt to re-establish their old supremacy. » Per- haps the avveSpot mentioned in the oath of the At- Kaarai are the Athenian members of this congress.' For farther information on the subject of this con- 1. {Demosth., De Coron., 271, 272.)— 2. (SchBmann, De Co- . mit., 321 ; Ant. Jur. Pub. Gr., 257.) — 3. (Harpocr. and Suidas, 1. V.) — 4. (Lysias, Pro Mant., 146, ed. Steph. — Harpocr., s. v. 2li>/iiSM.— Meier, Att. Proc, 110.— SchSmann, De Comit., 316.) — 5. (Herod., viii., 75, 79.) — 6. (.^sch., u. Ctesiph,, 62, ed. Steph — Demosth., Tlepl rtav rpds ' AXf^ai/ jpov, 215.) — 7. (Har- pocr., B. v.— Pint., Sol., 15.)— 8. (De Pace, 165, ed. Steph.)— 9. (SchSmann, Att. Pi •jc., 130.) federacy, see Schomann, Ant Jur. Publ. Gr., 411.— Bockh, Staatah. der Athen., i., 449. — Thirlwsill, Hist. of Greece, vol. v., p. 42, 203. The name of aweipiov was given at Athens to any magisterial or official body, as to the court of Areopagus ;'■ or to the place where they transacted business, their board or council-room.' SYNEGORICON (amvyopiKov). (Vid. SvNEeo. BOS.) SYNEGOROS {avvij-yopoc) may be translated an advocate or counsel, though such translation will convey to the English reader a more comprehensive meaning than the Greek word strictly bears. According to the ancient practice of the Athenian law, parties to an action were obliged to conduct their own causes without assistance ; but, on the increase of litigation, the sciences of law and rhet- oric began to unfold themselves, and men who had paid no attention to these were unable to compete with more experienced opponents. To consult a friend before bringing an action, or about the best means of preparing a defence, were obvious expe- dients. It was but another step to have a speech prepared by such friend out of court, to be delivered by the party himself when the cause was brought to trial. A class of persons thus sprang up, some- what in the nature of chamber-counsel, who receiv- ed money for writing speeches and giving legal ad- vice to those who consulted them. Of this class Antiphon was the first who acquired any celebrity. Lysias, Isseus, and Isocrates obtained considerable incomes by speech-writing. Demosthenes followed the same profession for some time, until his engage- ments in public business forced him to relinquish it.' These persons were called, not avvfiyopoi, but /I070- ypd(j>ot, a name applied to Demosthenes reproach- fully by his rival, who accuses him also of betraying his clients by showing the speeches which he had written to the adversary.* Still, whatever assist- ance the party might have received out of court, the law which compelled him to appear in person at the trial remained in force ; although the prohibi- tion to speak by counsel was so far relaxed, that if the party was labouring under illness, or through any physical or mental debility was unable to con- duct his own cause without manifest disadvantage, he might (by permission of the court) procure a rel- ative or friend to speak for him. Thus, when Mil- tiades was impeached for treason, and by reason of a gangrene in his hip was unable to plead his own cause, he was brought on a litter into court, and his brother Tisagoras addressed the people on his be- half. So, when Isocrates was ill, his son Aphareus spoke for him in the cause about the avriSoai;. And in the speech of Demosthenes against Leocha- res, we see' that the son conducts his father's cause. As a general rule, the party was expected to address the court himself ; for the judges liked to form an opinion of him from his voice, look, and demeanour ; and, therefore, if a man distrusted his own ability, he would open the case himself by a short speech, and then ask permission for his friend to come for- ward.' This was seldom refused ,• and in the time of the orators, the practice was so well established that the principal speeches in the cause were not unfrequently made by the advocate. The defencea by Demosthenes of Ctesiphon against ^schines, and of Phanus against Aphobus, may be cited as exam- ples. In both of these it will be seen that Demos- thenes was as much interested as the defendants themselves ; and it is farther to be observed, that 1. (.^sch., c. Timarch., 13. — Dinarch., c. Demosth., 91, ei Steph.) — 2. (Isocr., IlEpi 'AvTt54Ti) signifies a written con- tract, whereas amOriKri and cvii^oTmiov do not ne- cessarily import that the contract is in writing ; and iuokoyla is, strictly speaking, a verbal agree- ment. Pollux explains the word avvdijicri iyypafof, 6fio7>^yia syypaipog.'' At Athens important contracts were usually re- duced to writing, such as leases (^/iiaBuaen), loans Of money, and all executory agreements where cer- tain conditions were to be performed. The rent, the rate of interest, with other conditions, and also the penalties for breach of contract (iTririfua to ix t^C (7vyypaij>f/s), were particularly mentioned. The names of the witnesses and the sureties (If any) were specified. The whole was contained in a lit- tle tablet of wax or wood (fiiSlldv or ypa/i/j-arelov, sometimes double, din-vxov), which was sealed, and deposited with some third person, mutually agreed on between the parties.' An example of a con- tract on a bottomry loan (vavrwrj cvyypa<^rj) will be found in Demosthenes,' where the terms are care- fully drawn up, and there is a declaration at the end, KvpiaiTcpov di ■Kepi rovrciv i^Xo /itiScv elvai Tijg itoyypaijijjg, " which agreement shall be valid, any- thing to the contrary notwithstanding." Anything might form the subject of a written con- tract — a release (afeaig), a settlement of disputes {iidkvaig), the giving up of a slave to be examined oy torture, or any otlier accepted challenge (;rp6- uXi^ffif) ; in short, any matter wherein the contract- ing parties thought it safer to have documentary evidence of the terms. 'EicSiSovai avSpiavra Kara myypa^fiv is to give an order for the making of a Btatue of certain dimensions. Of a certain fashion, at a certain price, &c., as specified in the agree- ment." No particular form of words was necessa- ry to make the instrument valid in point of law, the sole object being to furnish good evidence of the 1. (Polit., vi., 8.)— 2. (Anecd., i., 301.)— 3. (s. t. Ztivfiyofos.) -4. (Staatsh. Ber Athen., i., 255.)— 5. (De Coin.,1. c.)— 6. (lb., 104-207 )— 7 (viii., 140.) — 8. (Isocr., Trapei , 362, ed. Steph. -Demostli., c. Apat., 903, 904; o. Dionysod., 1283.)— 8. (c. La- ait., 926 )— 10 (Deraosth., De Cor., 268.) fiC parties' intention. The agreement itself was valia without any writing, and would form the ground of an action against the party who broke it,' if it could be sufficiently proved. Hence it was the practice to have witnesses to a parol agreement. The law declared Kvpiag dvai ruf Trpof aXkrihivi 6ai,7\A>yiag, fif Hv tvavrioi fiaptvpuv irol^aavrai.^ II seems that for the maintenance of an ifinopiKTi SIkii it was necessary to have a written contract.'-' Bankers were persons of extensive credit, and had peculiar confidence reposed in them. They were often chosen as the depositaries of agreement* and other documents. Money was put into theii hands without any acknowledgment, and often with- out witnesses. They entered these, and also the loans made by themselves to others, in their books making memoranda {ivonvri/jara) of any important particulars. Such entries were regarded as strong evidence in courts of justice. Sureties were usual- ly required by them on making loans.^ 'Lvyyp'aiji^ denotes an instrument signed by both or all the contracting parties. Xeipoypafov is a mere acknowledgment by one party. Sayypai/ioff- 8at avyypaf^v or awdfiKTiv is to draw up the con- tract, &7iji^vaa8ai to seal it, avaipelv to cancel, ave- 7i.iadai to take it up from the person with whom it was deposited, for the purpose of cancelling, when it was' no longer of any use. 'Yizavoiyeiv, to break the seal clandestinely for some fraudulent purpose, as to alter the terms of the instrument, or erase oi destroy some material part, or even the whole Vaeseof {fieraypu^eiv or 6la<^eip£Lv). {Vid. Symbo LAION.) SYNCECIA (auvoiKia) differs from oki'o in this, that the latter is a dwelling-house for a single fami ly, the former adapted to hold several families, a lodging-house, insula, as the Romans would say. The distinction is thus expressed by jEschines :• OTTOU fiEV yap TroAAoi f^tadonuftevoc fiiav oiKrjffcv dieXo jiEvoi Ixmat, amoiKiav Ka2.ov/Mev, 6nov 6' elg inotxet oixiav: There was a great deal of speculation ir the building and lettingof houses at Athens.' The lodging-houses were let mostly to foreigners who came to Athens on business, and especially to (be jiitoiKoi, whom the law did not allow to acquire rea property, and who therefore could not purchase houses of their own.' As *hey, with their families, formed a population of about 45,000, the number of mvoiKLai must have been considerable. Pasion, the banker, had a lodging-house valued at 100 minas; Xenophon recommended that the /ietolkoi should be encouraged to invest their money in houses, and that leave should be granted to the most respect- able to build and become house- proprietors {oUoSo- liriaauhoig iynEKTrjaBai'). The luoreXng laboured under no such disability ; for Lysias and his broth- er Polemarchus, who belonged to that class, were the owners of three houses. The value of houses must have varied according to the size, the build, the situation, and other circumstances. Those in the city were more valuable than those in the Pira;- us or the country, ciBleris paribus. Two counting- houses are mentioned by Isbbus' as yielding a return of rather more than 8^ per cent, interest on the pur- chase-money. But this probably was much below the average. The summer season was the most profitable for the letting of houses, when merchants and other visiters flocked to Athens. The rent was commonly paid by the month. Lodging-houses were frequently taken on speculation by persons called 1. (Demosth., c. Fhsnipp., 1042 ; c. Euerg. et Mnes., ] 162 i c. Di'onys., 1283 ; c Onetor., 869.)— 2. (Demosth., o. Zenoth., 882.)— 3; (Isocr., Trapez., 369, ed. Steph. — Demosth., c. Apat, 894 ; Pro Phorra., 950, 958 ; c. Timoth., 1 185 i c, Phorm., 980.— BOolth, Staatsh. der Ath., i., 141, 146.)— 4. (o. Timaroh., 17, ed. Steph.)— 5. (Xen., CEcon., iii., 1.)— 6. (Demosth., Pro Phorm 946.)— 7. (De Vectig., ii., 6.)— 6. (De Ilagn. her., 88, %i Stepn i 937 SUPERFICIES S5YMP0SIUM. paiii/.fif>0' 01^ araBfioiixoi, who made a profit by un- derletting them, and sometimes for not very repu- table purposes.' Hesychius explains the word vav- K^rjpog, 6 awoiKiag irpoeaTug : see also Harpocra- tion, s. V. Some derive the word from vaia : but it is more probable that it was given as a sort of nick- name to the class, when they first sprang up.' SYNQiCiA {(Tvvoiicia), a festival celebrated every year at Athens on the 16th of Hecatombseon, in honour of Athena. It was believed to have been instituted by Theseus to commemorate the concen- tration of the government of the various towns of Attica and Athens.^ According to the scholiast on Aristophanes,* an unbloody sacrifice was on this day offered to the goddess of peace (d/yfivfi). This fes- tival,' which Plutarch calls fieroUta, is mentioned both by him and by Thucydides as still held in their days.' SYNTAXEIS (owruffif). {Vid. SyNEDRoi.) SYNTHECE (ffiii'fl^K?). {Vid. Svmbolaion.) STNeHKQN nAPABA'2EflS AIKH. ( Vid. Sym- BOLAION.) SUOVETAURI'LIA. (Vid. SAOKiFicinM, p. 846, LusTEATio, p. 604, and woodcut on p. 897.) SUPERFI'CIES, SUPERFICIA'RIUS. "Those are aedes superficiariae which are built on hired ground, and the property of which, both by the jus civilri and naturale, belongs to him to wh ktrl (!cf / a Xoyov siTTEiv" ). The company frequently drank to ihe health of one another {irpomveiv ^jAonjaiaf'"), and each did it especially to the one to whom he handed the same cup. This seems to have been the custom which Cicero alludes to when he speaks of " drinking after the Greek fashion" {Graca more bibere ,•'* Grceci in conviviis solent nominare, cm poculum iradituri swnt''-^). Music and dancing were usually introduced, as already stated, at symposia, and we find few repre- sentations of such scenes in ancient vases without the presence of female players on the flute and the cithara. Plato, indeed, decidedly objects to their presence, and maintains that it is only men incapa hie of amusing themselves by rational conversation that have recourse to such means of enjoyment ;" but this says nothing against the general practice ; and Xenophon, in his Symposium, represents Soc- rates mightily pleased with the mimetic dancing and other feats performed on that occasion. The female dancers, and the players on the fluie and the oithara, were frequently introduced at the symposia of young men for another purpose, and were often- times actually iralpai {vid. Hetmrje, p. 502), as we see clearly represented on many ancient vases." Respecting the different kinds of dances performed at symposia, see Saltatio. 1. (See, for ejvmple, Mus. Eorb., v., t. 51.)— 2. (Plat., Legr i.,p.B41, e., 6.)— 3. (Symp., p. 213, e.)— 4. (Xen., Syrap., ii,, 27.)— S. (Plat., Symp., p. 176, o.,J.)— 6. (Athon., x., p. 431, e.j — 7. (Diog.Lacit., i., 104.)— 8. (p. 213, 214.)— 9. (Athou , x.,p. 431, b. — Lucian, Lexipli., 8. — Saidas, s. v. 'A/iircrrt.) — 10. (Plat., Rep., iv., p. 420, c.)— 11. (Symp., p. 214, S.— Athen , xi., p. 4S3, c.)— 12. (Luci.ui, Gall., 12.— Athen., li., p. 498, d.)— 13 (Vorr 1!., 1., 26.) — 14. (Tuso., i., 40.) — 15. (Protag., p. 347, c, .iore nearly corresponds to the Greek av/inoaiov. (Vid. Comissatio.) The Romans, however, usually drank during their dinner {cana), which they fre- quently prolonged during many hours in the later times of the Republic and under the Empire. Their customs connected with drinking differed little from those of the Greeks, and have been incidentally noticed above. The preceding account has been mainly composed from Becker's Charikles' and Galtus,* where the subject is treated at length. SY'NTHESIS, a garment frequently worn at dinner, and sometimes also on other occasions. As it was inconvenient to wear the toga at table on account of its many folds, it was customary to have dresses especially appropriated to this purpose, call- ed '-cites canaloriiB or cmnaioria,^ accubitoria,^ or ■;yr,i'uscs. The synthesis is commonly explained to be a loose kind of robe like the pallium, but Becker' supposes, from a comparison of a passage of Dion Cassius' with one of Suetonius,' descri- bing the dress of Nero, that it must have been a kind of tunic, an mdumen'um rather than an amictvs. {Vid. Amictus.) That ii was, however, an easy 1. (Athen., x., p. 457.)— 2. (Pollux, Onom., ix., 118.— Eustath. ndll., xiv., 291, p. 986.) — 3. (i., p. 451, — 6. (vii., 67.) ^7.. (Bp. ad' Pis., 215. ^ Compare Juv;, viii., 229.)— 8. (Juv.,xv„ 30.— Mart., iy.,49.)— U. (v., 305.) 10.. fAiist., Pol, T., 9, 2.)— 11. (Pol., vii., 9.)— 12, (Id., ii., 8.)— 13. (Id., vii.. 9.)— 14. (Tiirlvjall, Hist, of Greece, i„ p. 287.)— 15. (Arist., Pol., ii., 7.)— 16. (Plat., Leg., vi., p. 780, iJ.)-17. .Creta, iii., p 123.) suggests, that in some of the Dorian states there were syssitia of the young unmarried women as well as of the men.' AH the adult citizens partook of the public meals among the Cretans, and were divided into companies or " messes," called 'Eto!- plai, or sometimes ivSpela.^ These divisions were perhaps originally confined to persons of the' same house and kindred, <)ut afterward any vacancies ia them were filled up at the discretion of the mem hers.' The divinity worshipped under the name ol Zeiif 'Era(/)«of* was considered to preside c ret them. Aecording to Dosiadas, who wrote a history of Crete,' there were in every town of the island (vavraxov) two public buildings, one for the lodging of strangers {KoifitjT^piov), the other a common hali {avSpeimi) for the citizens. In the latter of these the syssitia Were given, and in the upper part of it were placed two tables for the entertainment of foreign guests {ievmal rpans^ai), a circumstance deserving of notice, as indicating the extent to which the Dorians of Crete encouraged mutual in- tercourse and hospitality. Then came the tables of the citizens. But, beisides these, there was also a third table, on the right of the entrance, dedicated to Zcuf fmof , and perhaps used for the piirpose of making offerings and libations to that god. The syssitia of the Cretans were distinguished by simplicity and temperance. They always sat at their tables, even in later times, when the custom of reclining had been introduced at Sparta.' The entertainment began with prayer to the gods and libations.' Each of the adult citizens received an equal portion of fare, with the exception of the " archbn" or '■ master of the tables," who Was, per- haps, in ancient times, one of the Koajioi, and more recently a member of the yepavia or council. This magistrate received a fourfold portion ; " one as ; common citizen, a second as president, a third foi the house or building, a fourth for the furniture" {Tuv akevuv') : ah expression from which it would seem that the care of the building, and the provision of the necessary utensils and furniture, devolved upon him. The management of all the tables was under the superintendence of a female of frise birth (tj TTpoeaTTjicvLa T^f avcffiTLCt^ ywT])^ who openly took the best fare, and presented it to the citizen who was most eminent in the council or the field. She had three or four male assistants under her, each of whom, again, was provided with two menial ser- vants {Ka7i,ri^opoi, or wood - carriers). Strangers were served before the citizens, and even before the archon or president.' On each of the tables was placed a cup of mixed wine, from which the messmates of the same company drank. At the close of the repast this was replenished, but all in- temperance was strictly forbidden by a special law." Till they had reached their eighteenth year, when they were classed in the ayekai, the youths accom- panied their fathers to the syssitia along with thfe orphans of the deceased." In some pla(;es the youngest of the orphans waited on the men ; in others this was done by all the boys." When not thus engaged; they were seated near to the men on a lower bench, and received only a half portion of meat : the eldest of the orphans appear to have received the same quantity as the men, but of a plainer description of fare." The boys, like the men, had also a cup of mixed wine in common, which, however, was not replenished when emptied. I. (Compare Find.-, Pyth., ix., 18,)— 2. (Athen., iv, p. 143.)— 3. (Hoeck, iii., p. 126.)- 4. (Hesych.,s.v.)— 5. (Athen, I. c.)— fl. (Cic, Pro Mur., 35.)— 7. (Athen., iv., p. 143, e.)— 8. (Heraelid Pont., iii.) — 9. (Id., 1. c.) — 10. (Plat., Minos, p. 265,) — 11. (Hoeclt, iii., p. 185.)— 12. (Ephor. ap. Strab., x., p. 483.)— 13 (Athen., iv., p. 143.) 941 SYSSITIA. SYSSITIA. During the repast a general cheerfulness and gayety prevailed, which were enlivened and kept up by music and singing.' It was followed by, conversa- tion, which was first directed to the public affairs of the state, and afterward turned on valiant deeds in war and the exploits of illustrious men, whose praise's might animate the younger hearers to an honourable emulation. While listening to this con- versation, the youths seem to have been arranged m classes (avSpela), each of which was placed un- der the superintendence of an officer (iraKhvofiog) especially appointed for this purpose, so that the syssitia were thus. made to serve important political and educational ends. In most of the Cretan cities the expenses of the syssitia were defrayed out of the revenues of the public lands and the tribute paid by the Perioeci, the money arising from which was applied partly to the service of the gods and partly to the mainte- nance of all the citizens, both male and female," so that in this respect there might be no difference between the rich and the poor. From the statement of Aristotle compared with Dosiadas,^ it appears probable that each individual received his separate share of the public revenues, out of which he paid his quota to the puWic table, and provided with the rest for the support of the females of his family. This practice, however, does not appear to have prevailed exclusively at all times and in all the cities of Crete. In Lyctus, for instance, a colony from Sparta, the custom was different : the citizens of that town contributed to their respective tables a tenth of the produce of their estates ; a practice which may be supposed to have obtained in other cities, where the public domains were not sufficient to defray the charges of the syssitia. But, both at Lyctus and elsewhere, the poorer citizens were in all probability supported at the public cost. In connexion with the accounts given by the ancient authors respecting the Cretan syssitia, there arises a question of some difficulty, viz., how could one building accommodate the adult citizens and rouths of such towns as Lyctus and Gortyna ] The luestion admits of only two solutions : we are ei- ther misinformed with respect to there being only one building in each town used as a common hall, or the number of Dorian citizens in each town must have been comparatively very small. The Spartan syssitia were in the main so similar to those of Crete, that one was said to be borrowed from the other.* In later times they were called ipeiSiTca, or the "spare meals," a term which is probably a corruption of tpMria, the love-feasts, a word corresponding to the Cretan iraLpeia.' An- ciently they were called avSpeia, as in Crete." They differed from the Cretan in the following respects. Instead of the expenses of the tables being defrayed out of the public revenues, every head of a family was obliged to contribute a certain portion at his own cost and charge ; those who were not able to do so were excluded from the public tables.' The guests were divided into companies generally of fifteen persons each, and all vacancies were filled up by ballot, in which unanimous consent was in- dispensable for election. No persons, not even the kir.gs, were allowed what was called an d^MjTof V/iipa,' or excused from attendance at the public tables, except for some satisfactory reason, as when engaged in a sacrifice or a chase, in which latter case the individual was required to send=a 1. (Alcman ap, Strab., 1. c.)— 2. (AriBt., Pol., ii., 7, 4.)— 3. (Athen., 1. c.; —4. (Arist., Pol., ii., 7.) — 5. (GBttling ad Arist., (Econ., p. 190.— MiiUor, Dor., iv., 3, 1) 3.)— 6. (Plut., Lycur., o. 12.)— 7 (Arist., Pol., ii., 7, 4 )— 8. (Hesych., s. y.)— 9. (Plot., i p — Agis, c. 10.) 942 present to his table. Each person was supplied with a cup of mixed wine, which was filled agaia when required ; but drinking to excess was prohib- ited at Sparta as well as in Crete. The repast was of a plain and simple character, and the contribution of each member of a mess or ^eidiTJi; was settled by law.' The principal dish was the ueAof fupj, or black broth, with pork." The inalii7.':v, or after- meal (from the Doric aliOkOv, a meal), was, however, more varied, and richly supplied by presents of game, poultry, fruit, &.c., and other delicacies, which no one was allowed to purchase. (Yii, Aiolon.) Moreover, the entertainment was enlivened by cheerful conversation, though on public matters.' Singing, also, was frequently introduced, as we learn from Alcman' that " at ,the banquets and drinking entertainments of the men it was fit for the guests to sing the paean." The arrangements were under the superintendence of the polemarchs. The use and purposes of the institutions de- scribed above are very manifest. They united the citizens by the closest ties of intimacy and cnion, making them consider themselves as members of one family, and children of one and the same moth- er, the state. They maintained a strict and perfect separation between the higher and the subject class- es, both at Sparta and in Crete, and kept up in the former a consciousness of their superior worth and station, together with a strong leeling of national ity. At Sparta, also, they were eminently useful in a military point of view ; for the members of the syssitia were formed into corresponding military di- visions, and fought together in the field, as they had lived together at home, with more bravery and a keener sense of shame (oZiStif) than could have been the case with merely chance comrades.* Moreover, " they gave an efficacy to the power of public opin- ion which must have nearly superseded the neces- sity of penal laws."' With respect to their polit- ical tendencies, they were decidedly arranged upon aristocratical principles, though no individual of a company or mess was looked upon as superior to his fellows. Plutarch' accordingly calls thein awiipia upcaTOKpanKu, or aristocratical meetings, and compares them with the Prytaneium and Thes- mothesium at Athens. The simplicity and sobriety, which were in early times the characteristics both of the Spartan and Cretan syssitia, were afterward, in Sparta at least, supplanted by luxury and effeminate indulgence. The change was probably gradual, but the kings Areus and Acrotatus (B.C. 300) are recorded as having been mainly instrumental in accelerating it. The reformer Agis endeavoured, but in vain, to re- store the old order of things, and perished in the attempt." In his days Sparta contained 4500 fam- ilies, out of which he proposed to make fifteen sys- sitia, whence Miiller infers that formerly, when the number of families was 9000, the number of syssi- tia was thirty, and, consequently, that Herodotus, when he spoke of Lycurgus having instituted the " syssitia" for war, alluded to the larger divisions, and not the single banqueting companies; a con- clusion justified by the context. Miiller, moreover, supposes that iii this sense the syssitia at Sparta corresponded to the divisions of the state called obae, and sometimes ipoarpiai, which were also thir- ty in number.' 1. (Wachsmuth, ii., 2, 24.— Pint., 1. c.)— 2. (Athen., iv., p. 141 .) —3. (Xen., Rep. Lacoii., v.. 6.)— 4. (Frag., 31.)— 5. (Herod., i 65.)— 6. (Thirlwall, i., p. 289.)— 7. (Quks. Symp., vii., p. 332.) —8. (Plut.,Agia and Cleom.) — 9. (Dorians, iii., 5, ^ 6, and 12, « 4.— Hoeolt, Greta, iii., p. 120-139.— HuUman's Anfilnge, 1) 138 —Thirlwall, Hist, of Greece, i., p. 288 and 33 1. — Hermiiui, Lehr buch der Griech. Stoats., « 22 and 28.) TABELLARIjE legks. TABERNA. T. e. ♦TABANirs. (Vid. CEsTKHs.) TABELLA, dim. of TABULA, a Billet or Tablet, vith which each citizen and judex voted in the comitia and courts of justice. In the comitia, if the business was the passing of a law, each citizen was provided with two tabellse, one inscribed V. R., i. e., Uti Rogas, " I vote for the law," the other in- scribed A., t. c. Antique, " I aii\ for the old law.'" If the business was the election of a magistrate, each citizen was supplied with one tablets on which the names of the candidates were written, or the initials of their names, as some suppose from the oration Pro Domo, c. 43 ; the voter then placed a mark (punctum) against the one for whom he voted, whence puncla are spoken of in the sense of votes." For farther particulars respecting the voting in the comitia, see Diribitores and Sitella. The judices were provided with three tabellae, one of which was marked with A., i. e., Absolve, " I acquit ;" the second with C, i. e., Condemno, "I condemn ;" and the third with N. L., i. e.,Non Liquet, "It is not clear to me." The first of these was called tabella absolutoria, and the second tahella damnatoria,' and hence Cicero* calls the former litera salutaris, and the latter litera irislis. It would seem that in some trials the tabellae were marked with the letters L. D. respectively, i. e.. Libera and Damno, since we find on a denarius of the Caelian gens a tabella marked with the letters L. D. ; and as we know that the vote by ballot in cases of perduellio was first introduced by C. Cseli- us Caldus {vid. Tabell.^rijB Leoes), the tabella on the coin undoubtedly refers to that event. There is also a passage in Csesar' which seems to inti- mate that these initial letters were sometimes marked on the tabellae : " Unam fore tabellam, qui Hberandos omni periculo censerent ; alteram, qui capi- tis damnarent,'" &c.' The cut annexed contains a copy of a coin of the Cassian gens, in which a man wearing a toga is represented in the act of placing a tabella marked with the letter A. (i. c, absoho) in the cista. The letter on the tabella is evidently intended for A. For the other meanings of Ta- bella, see Tabula. TABELLA'RIiE LEGES, the laws by which the ballot was introduced in voting in the comitia. As to the ancient mode of voting at Rome, see SnF- yBAGiuM. There were four enactments known by the name of Tabellarias Leges, which are enumer- ated by Cicero.' They are mentioned below ac- cording to the order of time in which they were BRITISH MUSEUM. 1. Gabinia Lbx, proposed by the tribune Gabini- us B.C. 139, introduced the ballot in the election of magistrates,' whence Cicero' calls the tahella " n?i- icx tatUiE libertatts." 3. Cassia Lex, proposed by the tribune L. Cas- sius Longinus B.C. 137, introduced the ballot in the "judicium populi," with the exception of cases of perduellio. The "judicium populi" undoubtedly applies to oases tried in the comitia by the whole body of the people {vid. Judex, p. 551, 552), al- though Ernesti" wishes to give a different interpre- tation to the words. This law was supported by 1. (Compare Cic. ad Att., i , 14.)— 2. (Cic, Pro Plane, 22.)— 3. (Suet, Octav., 33.)— 4. (Pro Mil., 6.)— 5. (Bell. Civ., iii., 83.) — 6. iComoare Spanheim, Numism., ii., p. 199.) —7. (De ■ Leg?.. iii.Tlp.)-8. (Cic, 1. c.)— 9.(Ap-., ii., 2.)— 10. (Index I'"*-) Scipio Africanus the younger, for which he waa censured by the aristocratical party.' 3. Papieia Lex, proposed by the tribune C. Pa- pirius Carbo B.C. 131, introduced the ballot in the enactment and repeal of laws.' 4. C^lia Lex, proposed by C. Caelius Caldus B.C. 108, introduced the ballot in ca;es of perduel- lio, which had been excepted in the (lassian law.' There was also a law brought forward by Marius B.C. 119, which was intended to secure freedom and order in voting.* TABELLA'RIUS, a Letter-carrier. As the Ro- mans had no public post, they were obliged to em- ploy special messengers, who were called tabellarii, to convey their letters {tabellm, litera:), when they had not an opportunity of sending thera ctherwise.' TABE'LLIO, aNotary.« Under the Empire the tabelliones succeeded to the business 'ii the scribae in the times of the Republic, {YU. Scribae.) They were chiefly employed in drawing up legal documents, and for this purpose usually took theii stations in the market-places of towns.' They formed a special order in the state." TABERNA is defined by Ulpian as any kind ol building fit to dwell in, " nempe ex eo, quod tabulit clauditur," or,' according to the more probable ety- mology of Festus, because it was made of planks." Festus" asserts that this was the most ancient kind of abode used among the Romans, and that it was from the early use of such dwellings that the words taberna and tabernaculum were applied to military tents, though the latter were constructed of skins. We know very little of the form and materials of the ancient tents ; but we may infer, from the no- tices we have of them, that they were generally composed of a covering of skins, partly supported by wooden props, arid partly stretched on ropes. Some- times, in a, permanent camp, they may have been constructed entirely of planks ; and sometimes, ip cases of emergency, garments and rushes were spread over any support that could be obtained." From taberna, when used in this sense, are derived tabernaculum, the more common name of a tent, and CONTOBERNALES. The usual name of taberna is a shop. Neither the ancient authors nor the remains of Pompeii lead us to suppose that tradesmen often had their shops forming parts of their houses, as with us. A few houses are indeed found at Pompeii entirely de voted to the purposes of trade, consisting, that is, of the shop and the rooms occupied by the trades- man and his family. Most commonly, the shops formed a part of a large house, to the owner of which they belonged, and were by him let out to tradesmen. {Vid. House, Roman, p. 519.) Some of the shops round a house were retained by the owner for the sale of the produce of his estates. This arrangement of the shops was probably an improvement on an older plan of placing them against the walls of houses'. Even under the emperors we find that shops were built out so far into the street as to obstruct the thoroughfare. Martial" mentions an edict of Domi- tian by which the practice was put down, and the shops were confined within the areas of the houses The following are the m^t remarkable classes of shops of which we have notices or remains : 1. Shops for the sale of wine, hot drinks, and ready-dressed meat. (Vid. Caupona.) 1. (Cia, De Leg., iii., 16.— Brut, 25, 27.— Tto Seitio, 48.— Aacon. in Comel., p. 78, ed. Orelli.)— 2. (Cic, De Leg., iii., 16.) —3. (Cic, 1. c)— 4. (Cic, De Leg., iii., 17.— Plut., Mar., 4.)- 5. (Cic, Phil., ii., 31.— Cic. ad Fam., iii., 12; xiy., 221— «: (Suidas, s. v.)- 7. (Cod., iv., tit. 21, .s. 17.— Novell., 73, c. 5, &c r^. (Gothof. ad Cod. Theod., iii., tit. 1, s. 3.)— 9. (Dig. 50, tl W,i 183.)— 10. (Festus, s. v. Cohtuberaales, Tabernacula.)— J ' (9. V. Adtibemalis.)-rl2. (Lipsius, De Milit. Rom., in ^per p. 154-155.)— 13. (vii.,,61.) 943 TABUL.E. 1ABUL.E S. Bakers' shops. Of these several 'have been found at Pompeii, containirigf the mill as well as the other implements for making bread.' (Ftrf. Mola, PiSTOE.) ' 3. Booksellers' shops. (Vtd.BiBLiopoLA.) 4. Barbers' and hairdressers' /shops'. (Vid-BxR- ii.) TABERNA'CULUM. {Vid. Tabeena, Templhm:) TABLI'NUM. {Vid. Hoitse, Roman, p. 517.) TA'BUL^. This word properly means planks «r boards, whence it is applied to several objects, as gaming-tables,^ pictures,' but more especially- to tablets used for writing, of which alone we have to speak here. The name of tabulse was applied to any flat substance used for writing upon, whether stone or metal, or wood covered with wax. Livy,= indeed, distinguishes between tabula and cera, 'by the former of which he seems to mean tablets of stone and metal; but tabulte and tabella more fre- quently signify waxen tablets {labulce cerates), which were thin pieces of wood, usually of an oblong shape, covered over with wax {cera). The wax was written on by means of the stilus. ( Vid. Sti- lus.) These tabulae were sometimes made of ivory and citron-wood,* but generally of the wood of a more common tree, as the beech, fir, &c. The outer sides of the tablets consisted merely of the wood ; it was only the inner sides that were cov- ered over with wax. They were fastened to- gether at the backs by means of wires, which an- swered the purpose of hinges, so that they opened and shut like our books ; and to prevent the wax of one tablet rubbing against the wax of the other, there was a raised margin around each, as is clear- ly seen in the woodcut on p. 925. There Were sometimes two, three, four, five, or even more tablets fastened together in the above-mentioned mannei- Two such tablets were cailei diptycha {diiTTvxa), which merely means "twice-folded" (Irom TTTvaaa, "to fold"), whence we have ■rrrvxTtov, ■jr, with the r omitted, irvKTiov. The Latin word pugillares, Which is the came frequently given to tablets covered with wax,' may perhaps be connect' ed with the same root, though it is usually derived from pug-illus, because they were small enough to be held in the hand. Such tablets are mentioned as early as the time of Homer, who speaks of a'mvafi rrrvKTo;.^ (Kid. Diptyoha.) Three tablets fastened together were called triptycha {rpmtvxa)i which Martial' translates by triplices {cera) ; in the same way we also read of pentaptycha {■KevTatrrvxa), called by MartiaP .quintuplices . {cera), and of polyplychai {jTo^Mirrvx"-) or ■ muUiplices {cera). The pages- of these tablets were frequently called by the name of cera alone ; thus we read o{ prima cei-a, altera cera, "first page," " second page.'" In tablets contain-! ing important legal documents, especially wills, the: outer edges were pierced through with holes (fora- mina), Wvcongh which a triple thread (ZmMm)was; passed, and upon which a seal was then placed.! This was intended to guard against forgery ; and, if it was not done, such documents were null and void.'" {Vid. Testamentum.) Waxen tablets were used among the Romans fiJn almost every species of writing where great length was not reqiiired. Thus letters were frequently WTitten upon them, ■yvhichwere secured by being fastened togetjier witlf. packthread and sealed with wax. Accordingly, we read in Plautus," when a tetter is to be written, "^ffer cito sdlumi ceram, et tubcllas, etlinum." I. (Jut., i., 90.)^2. (Cio.,De Fin., v., K— Eropert., i.,2, 28.) 1. (i.,24.)^4. It is written in Latin, and is a copy of a document relating to some business conirected with a collegium. The name of the consuls is giv- ©Hy which determines its date to be A.D. 169; One -of the most extraordinary things connected with it is, that it is written.from right to left. . The writing begins on what we should call the last or fourth page, and ends at the. bottom of the third.; and by some Strang© good fortune it has happened that the same document is written over again, .beginning on the second page and ending at the bottom of the first, so that Where tjie-vra:iting is effaoedior doubt- ful in the one, it is usually supplied or explained by the other. . . Waxen tablets continued to be usedvin Europe for the purposes of writing in the Middle Ages ; but the oldest of these with which we are acquainted belongs tothe. year 1301 A.D., and is preserved in the Florentine museum. The tablets used in voting in the comitia and the 1. (1. 96.^C who exercised a superintendence over the admission of freemen, and were elected themselves out of the body of the people, whence they were led to court the people in a way unfa- vourable to the interests of the aristocracy. There were also other magistrates at Larissa of a demo- cratical kind, called AapiaaoToioi}^ Besides the contests between the oligarchical and democratical parties, there were feuds among the oligarchs them- selves ; and such was the state of parties at Larissa under the government of the Aleuada; two genera- tions before the Persian war, that a magistrate was chosen by mutual consent, perhaps from the com- monalty, to mediate between the parties {.apxuv fie- aiStos"). At Fharsalas, too, at the close of the Pel- oponnesian war, the state was torn asunder by in- testine commotions, and for the sake of quiet and security the citizens intrusted the acropolis and the whole direction of the government to Polydamas, who discharged his trust with the strictest integ- rity." The power of the aristocratical Jamilies,hovvevei seems to have continued with little diminution til. towards the close of the Peloponnesian war, when decided democratical movements first begin to ap. pear. At this time the Aleuadse and the Scopada had lost much of their ancient influence. Phers and Pharsalus then became the two leading states in Thessaly. At Pherae a tyranny, probably arising from a democracy, was established by Lycophror, who opposed the great aristocratical famiUes, and aimed at the dominion of all Thessaly.' The latter object was accomplished by Jason, the successoi and probably the son of Lycophron, who effected an aHiance with Polydamas of Pharsalus, and caused himself to be elected tagus about B.C. 374. While he lived the whole of Thessaly was united as one political power, but after his murder in B.C. 370 his family was torn asunder by intestine discords, and did not long maintain its dominion. The office of tagus became a tyranny under his successors, Poly- dorus, Polyphron, Alexander, Tisiphonus, and Ly- cophron ; till at length the old aristocratical fami- lies called in the assistance of Philip of Macedonia, who deprived Lycophron of his power in B.C. 353, and restored the ancient government in the different towns. At Pherae he is said to have restored pop- ular, or, at least, republican government." The country, however, only changed masters ; for a few years later (B.C. 344) he made it completely sub- ject to Macedonia by placing at the head of the four divisions of the country, tetrarchies or tetradarchieS; which he re-established, governors devoted to his interests, and probably members of the ancient no- ble families, who had now become little better than his vassals." Thessaly from this time remained in a state of dependance on the Macedonian kings,* till the victory of T. Flaminius at Cynoscephalae, in B.C. 197, again gave them a show of independence under the protection of the Romans." TALA'RIA, small wings fixed to the ankles ol Mercury, and reckoned amohg his attributes [iredi- Xa,' Trri/voTTEJiAof'). In many works of ancient art they are represented growing from his ankles, as if they were a part of his bodily frame ; but more fre- quently they are attached to him as a part of his dress, agreeably to the description of the poets ;" and this is commonly done by representing him with sandals, which have wings fastened to them on each side over the ankles. But there is a most beautiful bronze statue of this divinity in the Mu- seum at Naples, in which the artist, instead of the sole of a sandal, has made the straps unite in a ro- sette under the middle of the foot (see woodcut), ev- idently intending by this elegant device to represent the messenger of the gods as borne through space without touching the ground. Besides Mercury, the artists of antiquity also rep resented Perseus as wearing winged sandals," be- cause he put on those of Mercury when he went on his aerial voyage to the rescue of Andromeda.'" (Vj'd.FALx.) The same appendage was ascribed to Minerva, according, to one view of her origin, v'z, as the daughter of Pallas." !. (ThirlwaU, i., p. 438.)— 8. (Xen.,Hell., vi., I, « 19.) — 3. Xe-i., 1., c.)— 4. (Id., Yi., 1, 4 8.)— 5. (V. H., lii., 1.)— 6. (Xen., E«;i:., vi., I, « 9.)— 7. (BiSckh, Corp. Insor., n. 1770.) —8. (Xen., Hi'J..vi.,l,« 8.)— 9. (Thucyd., iv.,78.) — 10. (vii., 6.) — 11. Cnmpare Theoor., ivi., 34, tzes, scUol ii Lycoph., 355.) TALENTUM. TALENTUM. TALAROS (ra^opof). (Vid. Calathus.) TALA'SSIO. {Vid. Marriage, Roman, p. 625.) TALENTUM {tuTmvtov) meant originally a bal- ance. (vid. Libra), then the substance weighed, and lastly and commonly a certain weight, the talent. The Greek system of money, as well as the Roman (vid. As), and those of most other nations, was founded on a reference to weight. A certain weight of silver among the Greeks, as of copper among the Romans, was used as a representative of a value, which was originally and generally that of the metal Itself The talent, therefore, and its divisions, are denominations of money as well as of weight. The Greek system of weights contained four prin- cipal denominations, which, though different at dif- ferent times and places, and even at the same place for different substances, always bore the same rela- tion to each other. These were the talent {tuXovtov), which was the largest, then the mina (fiva), the drachma (Spaxiif/), and the obolus (ofo/lof). Their relative values are exhibited in the following table : Obol. 6 Drachma. 600 100 Mitia. 36,000 6000 60 The multiples and subdivisions of the drachma and aboVus have been noticed under Drachma. 1. The Attic Talent. — It appears from existing coins, which we have every reason to trust, since the Attic silver money was proverbially good, that the drachma, which was the unit of the system, weighed 66-5 grains. {Vid. Dkachma.) Hence we eet the following values for the Attic weights in English avoirdupois weight : lb. oz. gr?. Obol 1108 Drachma 66-5 Mina 15 8375 Talent 56 15i 100 32 These values refer to the time after Solon, for we have no drachmae of an earlier date. We may, however, arrive at a probable conclusion respecting the state of things before Solon's reform of the cur- rency, by referring to another standard of the talent, which was used in commercial transactions, and the mina of which was called the commercial mina (17 uvu. ij ijivopiKij). This mina is mentioned in a de- cree,' the date of which is uncertain (about the 155th Olympiad, or B.C. 160, according to Bockh), as weighing 138 drachmaj, 2Tt^ai-)?$(Jpju, according to the standard weights in the silver mint. (Vid. Ar- oYEocopEioN.) In this system, however, the relative proportion of the weights was the same as in the other ; we have, therefore, lb. oz. gre. Obol 15-29 Drachma 91-77 Mina 1 4| 93 69 Talent 75 5f 14-09 These weights were used for all commodities ex- cept such as were required by law to be weighed 1. (Biickh, Corp. InsCrij. i., 123, i i.) according to the other standard, which was also th« one always used for money, and is therefore called the silver standard. No date is mentioned for the introduction of this system : it was, therefore, prob- ably very old ; and, in fact, as Bdckh has shown, there is every reason to believe that it was the old system of Attic weights which was in use before the time of Solon.' Solon is known to have lowered the standard of money in order to relieve debtors ; and Plutarch', informs" us, on the testimony of An- drotion, that "Solon made the mina of 100 drachmae, which had formerly contained 73." It is incredible that a large prime number, such as 73, should have been used as a multiplier in any system of weights ; but what Plutarch meant to say was, that Solon made a mini, or 100 drachmae, out of the same quan- tity of silvei which was formerly used for 73 drach- mae. The proportion, therefore, of the ancient weights to those fixed by Solon was 100 : 73. Now this "was very nearly the proportion of the commer- cial mina to the silver mina, namely, 138 : 100, =100 : 73^. But why should Solon have adopted so singular a proportion 1 It was probably an acci- dent. Bockh has shown that in all probability So- lon intended to reduce the mina one fourth, that is, to make 100 drachmae of the new coinage equal to 75 of the old, but that, by some inaccuracy of man- ufacture, the new coins were found to be a little too light ; and, as Solon's coinage furnished the stand ard for all subsequent ones, the error was retained. In fixing upon one fourth as the amount of the re- duction, Solon seems to have been guided by the wish of assimilating the Attic system to anothei which was extensively used, but the origin of which is unknown, namely, the Euboic talent, which will be presently spoken of. ■The commercial weights underwent a change by the decree mentioned above, which orders that 13 drachmae of the silver standard shall be added to the mina of 138 draohmte ; that to every five com mercial minae one commercial mina shall be added ; and to every commercial talent five commercial mi na;. Thus we shall have, the mina =150 drachmae (silver), 5 minas = 6 minae (commercial), the talent = 65 minae (commercial). The five-minae weight of this system was equal to 7 lbs. 13{ oz. 14-96 grs. avoirdupois, and the talent to 85 lbs. 2io2. 70 7 grs. " The weights were kept with great care at Ath- ens. The standards or models (arjica/iaTa) were de- posited in the Acropolis ; and there were others in the keeping of persons appointed to take charge of them, in the Prytaneum at Piraeus and at Eleusis.'" The other Greek weights are computed from their relation to the Attjc, as stated , by ancient writers, and from existing coins, .'.Unfortunately, the writers do not always agree with the coins, nor with each other. ; . ', 2. TheEuboric ra^cni is often reckoned equivalent to the Attic. HerodotusV makes the Babylonian talent equal to 70 Euboic mina;, Pollux' to 7000 Attic drachmae, i. e., to 70 Attic minae. Comparing these two statements, we find the Attic and Euboic weights equal. But it is likely that Pollux is not quite right, and that the Euboic standard was a little greater than the Attic : for -lEUan' gives 72 Attic minae for the value of this same Babylonian talent, which would make the ratio of the Euboic to the Attic 72 : 70, which is the same as 75 : 72ii. In this fact we have the ground of the supposition 1. (Baddi, Publ. Boon, of Athens, i., p. 193.— Id., Metrolog. Untersuch., ii., l.p. 115.)-2. (Solon, 15.) — 3. (Hnssey, p. 26. who quotes Bockh, Inscr., i., 150, 1) 24 ; 151, 1) 40 ; 123, i S, 6.) 4. (iii., 89.)— 5. (Onom., ix., 6.)— 6. (Var. H'st., i., 22.) q4' TALENTUM. TALENTUM. stated Above, that Solon intended to assimilate the Attic standard to the Euboic : for we have seen that Iho old Attic talent was to Solon's as 100 : 7af|. Assuming that Solon intended this ratio to have been 109 : 75, we have the intended value of Solon's lalent to its actual value as 75 : 72^, which is al- most identical with tlie ratio of the Euboic talent to th J Attic talent of Solon. The Euboic talent would therefore exceed the Attic merely by the error which was made in the formation of the latter. Another computation of the Euboic talent is given by Appian,' who makes it equal to 7000 drachmae, !. e., 70 minse of Alexandrea. (See below, on the Alexandrean talent.) ■ Festus, in the Excerpta of Paulus,' makes it equal to 4000 denarii. 'This is clearly an error : very probably Paulus applied the statement of Fes- tus respecting the Rhodian talent to the Euboic. (See below, on the Rhodian talent.) The Romans seem to have reckoned both the Eu- boic and Attic talents equal to 80 Roman pounds.' 3. The Talent of Mgina has been almost always considered to have borne to the Attic the ratio of 5 : 3, according to the statement of Pollux, that the .lEginetan talent contained 10,000 Attic drachmae, and the drachma 10 Attic obols.* Mr. Hussey, however, observes that this value would give an .(Eginetan drachma of 110 grains, whereas the ex- isting coins give an average of only 96 ; and he explains the statement of PoUux as referring, not to the old Attic drachmae of the full weight, but to the lighter drachma which was current in and after the reign of Augustus, and which was about equal to the Roman denarius. {Yid. Drachma.) Taking, then, the value of the drachma given by the coins, we have the following values for the ^Eginetan weights : lb. oz. gra. 0)0l ....'.... 15 Drachma 96 Mina 1 5| 78 96 Talent 82 3| 3046 On the other hand, Bockh adheres to the propor- tion of 5 : 3, as given by Pollux, who could not (he contends) have meant by drachmae those equal to the denarii, because he is not making a calculation of his own, suited to the value of the drachma in his time, but repeating the statement of some an- cient writer, who lived when the Attic andjEgine- lan currencies were in their best condition. Mr. Hussey himself states," and for a similar reason to that urged by Bockh, that when Pollux speaks of the value of the Babylonian talent in relation to the Attic, he is to be understood as referring to Attic money of the full weight : and Bockh adds the im- portant remark, that where Pollux reckons by the lighter drachmae, as in the case of the Syrian and small Egyptian talents, this only proves that those talents had but recently come into circulation. Bockh thinks it very probable that Pollux followed the authority of Aristotle, whom he used much, and who had frequent occasions for speaking of the val- ues of money in his political works. Again : as theiEginc-tan standard was that which prevailad over the greater part of Greece in early times, we should expect to find some definite pro- portion between it and the old Attic before Solon ; and, if we take the statement of Pollux, we do get such a proportion, namely, that of 6 : 5. Bockh supports his view by the evidence of ex- isting coins, especially the old Macedonian, before he adoption of the Attic standard by. Philip and Alexander, which give a drachma of about 110 . 1. (Hist. Sic, v., 2.) — 2. (8. V. Eubolcum talentura.)— 3. (Po- Ivb., xxi., 14 — Lit., xxxvii., 45, compared with Polyb., xxii., 26. -Mt., xxxviii., 38 }— 4. (Poll., Onom., ix., 76, 86.)— 5. (p. 34.) 948 grains, which is to the Attic as 5 : ? The identitj of the old Macedonian standard with the .iEginetan is proved by Bockh.' There are also other verj ancient Greek coins of this standard, which ha(i their origin, in all probabiUty, in the ./Eginetan sys- tem. The lightness of the existing coins referrec^ to by Hussey is explained by Bockh from the well-knosa tendency of the ancient mints to depart froir. the full standard. Mr. Hussey quotes a passage where Herodotus' states that Democedes, a physician, after receiving a talent in one year at JSgina, obtained at Athens the next year a salary of 100 minae, which Herodo- tus clearly means was more than what he had be- fore. But, according to Pollux's statement, the two sums were exactly equal. But Herodotus says nothing of different standards ; surely, then, he meant the same standard to be applied in both cases. From comparing statements made respecting the pay of soldiers, Hussey" obtains 4 : 3 as about the ratio of the .(Eginetan to the Attic standard. Biickh accounts for this by supposing that the pay of sol- diers varied, and by the fact that the .^Eginetan money was actually lighter than the proper stand- ard, while the Attic at the same period was very little below the full weight. There are other arguments on both sides, but what has been said will give a suljiciently complete view of the question. It is disputed whether the standards of Corinth and Sicily followed that of Athens or that of ./Egina. For the discussion of this question, the reader is re- ., ferred to the works of Bockh and Hussey. j 4. The Babylonian talent had to the Attic the ra- | tio of 7 ; 6 according to Pollux* and Herodotus,' or 72 : 60 according to jElian." Bockh, understanding these statements as referring to the old -Attic, makes the Babylonian standard equal to the .iEginetan This standard was much used for silver in the Per- sian empire 5. The accounts of the Egyptian, Alexandrean, or Ptolemaic Talent are very confused. On the whole, it seems to have been equal to twice the Attic. 6. The Tyrian Talent appears to have been ex- actly equal to the Attic. 7. A Rhodian Talent is mentioned by Festus in a passage which is manifestly corrupt.' The most probable emendation of the passage gives 4000 cis- tophori or 7500 denarii as the value of this talent. 8. A Syrian Talent is mentioned, the value of which is very uncertain. There were two sizes of it. The larger, which was six times that used for money, was used at Antioch for weighing wood. 9. A Cilician Talent of 3000 drachmae, or half the Attic, is mentioned by Pollux." The above were used for silver, but the actual coinage went no higher than the drachma, and a few multiples of it, the highest known with certainty being the tetradrachm. The mina and talent were sums of money, not coins. A table of Attic money up to the tetradrachma is given under Drachma. The mina was il. It. 3d., the talent 243i. 15s. The jEginetan mina was, ac- cording to the existing coins, U. lis. Id., the talent 343/. 15s. ; but, according to the statement of Pol- lux mentioned above, the mina was 6/. I5s. hi., the talent 4062. 5s. A much smaller talent was in use for gold. It was equal to 6 Attic drat^hma;, or about J oz. and 71 grs. It was called the gold talent, or the Sicilian talent, from its being much used by the Greeks of Italy and Sicily. This is the talent always meant I. (Metrol., p. 89. — Comparo MiiUer, Dor., iii., 10, ^ 12, and Xginet., p. i4r-5S.)-2. (iii., 131.)— 3. (p. 61.)— 4. (ix., 86,)— 8 (iii., 89.)— 6. (Var. Hist., i., 22.)- '. (s. v. Talentum.)— 8. (ix., 6.,' TALUS TALUS. when the word occurs in Homer. The Italian (ireeks divided it into 24 nummi, and afterward into 12,' each nummus containing 2i litrse. (Compare LiTRA and Sestertius.) This talent was perhaps so called from the weight of gold contained in it Deing equal in value to a talent of copper, for the proportional value of gold to copper was 1000 : 1. This talent seems to have been divided into 3 minse, •,ach equal in weight to a didrachm or stater ; for ihe talent of Thyatira is said to have been equal to ihree gold staters," and Pollux' states that the gold stater was equal in value to a mina. This small talent explains the use of the term great talent (magnum talentum), which we find in Latin authors, for the silver Attic talent was great in comparison with this. But the use of the word by the Romans is altogether very inexact. There are other talents barely mentioned by an- cient writers. Hesychius* mentions one of 100 pounds (ViTpav), Vitruvius* one of 120 ; Suidas,' Hesychius, and Epiphanius' of 125 ; Dionysius of Halicarnassus' one of 125 asses, and Hesychius thiee of 165, 400, and 1125 pounds respectively. Vhere talents are mentioned in the classical wri- ters without any specification of the standard, we n "ist generally understand the Attic. TA'LIO, from talis, signifies an equivalent, but it is used only in the sense of a punishment or pen- alty the same in kind and degree as the mischief which the guilty jierson has done to the body of an- other. A provision as to talio occurred in the Twelve Tables : " Si memlrum rupit ni cum eo pacit talio esto."' This passage does not state what talio is. Cato, as quoted by Priscian,'" says : " Si quis memhrum rupit aut os fregit, talione proximus cogna- tiis uldscatur." The law of talio was probably en- forced by the individual or his friends ; it is not probable that the penalty was inflicted under a de- cision of a court of justice. It seems likely that it bore some analogy to the permission to kill an adul- terer and adultress in certain cases, which the Julia lex confirmed ; and if so, the law would define the circumstances under which an injured person or his cognati might take this taUo. The punishment of death for death was talio ; but it is not said that the cognati could inflict death for death. Talio, as a punishment, was a part of the Mosaic law : " breach for breach, eye for eye, tooth for tooth : as he hath caused a blemish in a man, so shall it be done to him again."" *TALPA, the Mole. (Fid. Aspalax.) TALUS (iiaTpayako^), a Huckle-bone. The huckle-bones of sheep and goats have often been found in Greek and Roman tombs, both real, and imitated in ivory, bronze, glass, and agate. Those of the antelope (SopnaScioL) were sought as objects of elegance and curiosity.'" They were used to play "~'l. (Pollux, 1. c. — FesLQS, s. V. Tiiloiituin.)— 2. (Lex. Seg., p. 306.)— 3. (ix., 57.)— 4. (s. v.)— 5. (x., Sl.)-6. {». v.)— 7. (De Mem. et Pond.)— 8. (ii., 27.)— 9. (Festus, s. v. Talionis.)— 10. (vi., n. 710, ed. Putaoh.)- 11. (Levit., xxiv., 20.)-.18. (Theopta., Char , 5 -Athen., vi., 193,/.) with from the earliest times, principally by woiaen and children,' occasionally by old men.' A paint- ing by Alexander of Athens, found at Resina, repre- sents two women occupied with this game. One of them, having thrown the bones upward into tha air, has caught three of them on the back of hei hand.' (See the annexed woodcut, and compare the account of the game in Pollux.*) Polygnotus executed a similar work at Delphi, representing the two daughters of Pandarus thus employed {nai^ovaac dorpaya^oif'). But a much more celebrated production was the group of two naked boys, executed in bronze by Polycletus, and called the Astragalizontes.' A fractured marble group of the same kind, preserved in the British Museum, exhibits one of the two boys in the act of biting the arm of his playfellow, so as to present a lively illustration of the account in Homer of the fatal quarrel of Patroclus.' To play at this game was sometimes called nevra^idi^eiv, because five bones or other objects of a similar kind were em- ployed,' and this number is retained among our- selves. . While the tali were without artificial marks, the game was entirely one of skill ; and in ancient no less than in modern times, it consisted not merely in catching the five bones on the back of the hand, as shown in the woodcut, but in a great variety of exercises requiring quickness, agility, and accuracy of sight. When the sides of the bone were marked with difierent values, the game became one of chance. (Vid. Alea, Tesseba.) The two ends were left blank, because the bone could not rest upon either of them, on account of its curvature. The four remaining sides were marked with the numbers 1, 3, 4, 6, 1 and 6 being on two opposite sides, and 3 and 4 on the other two opposite sides. The Greek and Latin names of the numbers were as follows :' 1. MovUg, elg, kvov, Xjof ;'" Icm. Ohr) : Unio, Vulturius, canis •"■ 3. Tpmf : Ternio ; 4. Te- TpuQ : Quaternio ; 6. 'Efaf, t^irrii, Kuof : Senio. As the bone is broader in one direction than iu the other, it was said to fall upright or prone (opfloj V T^privrit, rectus aut pronus), according as it rested on the narrow or the broad side." Two persons played together at this game, using four bones, which they threw up into the air, or emptied out of a dicebox (vid. Feitillus), and ob- serving the numbers on the uppermost sides. The numbers on the four sides of the four bones admitted of thirty-five different combinations. The lowest throw of all was four aces {jacit voltorios quatuor'^). But the value of a throw (/SoAof, jactus) was not in all cases the sum of the four numbers turned up. The highest in value was that called Venus, or yoc- ius Venereus,''^* in which the numbers cast up were all different,'* the sum of them being only fourteen. It was by obtaining this throw that the king of the feast was appointed among the Romans" (vid. Sym- posium), and hence it was also called Basilicus.^ Certain other throws were called by particular names, taken.from gods, illustrious men and women, and heroes. Thus the throw consisting of two aces and two trays, making eight, which number, like the jactus Venereus, could be obtained only once, was denominated Stesichorus. When the object was simply to throw the highest numbers, the game 1. (Plut., Alcib., p. 350.)— 2. (Cic, De Seneot., 16.)— 3. (Ant. d'Erc, i., taT. 1.)— 4. (ix., cap. 7.)— 5. (Paus., x., 30, t, I )— 6 (Plin., H. N., xxxiv., 8, s. 19.)— 7. (11., ixiii., 87, 88.)— 8. (Pol- lux, 1. 0.) — 9. (Pollux, 1. c — Eustath. inHoin.,11., xxiii., 88 —Suet., Ootav., 71 .—Mart., xiii., 1, 6.)— 10. (Bmnck, Anal., i., 35, 242.)— 11. (Propert., iv., 9, 17.— Ovid, Art. Amat., ii., 205.— Fast., ii., 473.)— 12. (Plut., Sympos. Prob., 1209, ed. Steph.— Cic., De Fin., iii., 16.) — 13. (Plaut., Cuic, ii., 3, 78.) — 14 (Plant., Asin., v., 2, 55.— Oic, Div., ii., 59.— Sueton., 1. o )— 15 (Mart., xiv.,14.) — 16. (Ilor., Carm.,i., 4, 18; ii., 7, 25 -17 (Plant., Cure, ii., 3, 80.) 049 TAMIAS. TaMIAS. wascalled TrXm^'iSoXivda} Before a person threw the tali, he often invok :d either a god or his mis- tress." These bones, marked and thrown as above described, were also used in divination.' In the Greek mythology, Cupid and Ganymede were supposed to play together at huckle-bones on Mount Olympus ;* and they are thus represented in some remaining specimens of ancient sculpture.' TAMIAS (Ta/z('ac). This was a name given to any person who had the care, managing, or dispen- sing of money, stock, or property of any description confided to him, as a steward, butler, housekeeper, storehousekeeper, or treasurer: and the word is applied metaphorically in a variety of ways. But the TGiiiai who will fall under our notice in this article are certain officers intrusted with important duties by the Athenian goverimient, and more es- pecially the treasurers of the temples and the rev- enue. In ancient times, every temple of any importance had property belonging to it, besides its furniture and ornaments, and a treasury where such property was kept. Lands were attached to the temple, from which rents eiccnied ; fines were made payable to the god ; trophies and other valuables were dedi- cated to him by the public ; and various sacred of- ferings were made by individuals. There was a To/iiof Upov ;i;p)?/ior 2.)— 10. (Eurip., Hec. 461-469.— Virg., Ciril, 21-35.) — 11. (Eurip., Iph. in Taur., 213-215.) — 12. (Orat., M, vol. iii., p. 470, ed. Saville.) — 1 3. (De Re Mil., i., 7.) — 14. (Vi. truv., X., 1.— Ovid, Met., iv., 397.— Plm., H. N., xi., 24, s. S8.— Pers., Sat., vi., 73.)— 15. (Plato, Pcilit., p. 2D7, 301, 302, ed. Bek ker.— .^lian, H. A., ix., 17,— Plut.. V t Is. et Osit , p. 673.)— J{ (LeK., v., p. 366, ed. Beklier.) <)53 TELA. TELA. in the col ton manufacture twist from weft. Anoth- er name for the woof or tram was (>o6avri} The warp was called stamen in Latin (from stare), on account of its erect posture in the loom." The corresponding Greek term ar^fiav, and likewise IsTog, have evidently the same derivation. For the same reason, the very first operation in weaving was to set up the loom, hrbv oTriaaadai :' and the •web or cloth, before it was cut down, or " descend- ed" from the loom (Korcda d^' larCi*), was called " seslis pendens," or "pendula tela,"' because it hung from the transverse beam or Jugdm. These par- ticulars are all clearly exhibited in the picture of Circe's loom, which is; contained in the very an- cient illuminated MS. of Virgil's ./Eneid preserved at Rome in the Vatican Library. (See the annex- ed woodcut, and compare Virgil," apud majores stantes tcxebant.) Although the upright. loom here exhibited was in common use, and employed for all ordinary purposes, the practice, now generally adopted, of placing the warp in a horizontal posi- tion was occasionally resorted to in ancient times ; for the upright loom {stans tela, laroc 5p6io(), the management of which required the female to stand and move about, is opposed to another kind at which she sat.' We observe in the preceding woodcut, about the middle of the apparatus, a transverse rod pass- es tlirough the warp. A straight cane was well adapted to be so used, and its application is clearly expressed by Ovid in the words "stamen secernit arundo."' In plain weaving it was inserted be- tween the threads of the warp so as to divide them into two portions, the threads on one side of the rod alternating with those on the other side through- out the whole breadth of the warp. The two up- right beams supporting the jugum, or transverse beam from which the warp depends, were called (ceAEwref ' and iaTonoSec, literally, " the legs of the loom."" , While the improvements in machinery have to a great extent superseded the use of the upright loom in all other parts of Europe, it remains almost in its primitive state in Iceland. The following woodcut is reduced from an engraving of the Ice- landic loom in Olaf Olafsen's Economic Tour in that island, published in Danish at Copenhagen, A.D. 1780. We observe underneath the jugum a roUer {ivTiov'-'-), which is turned by a handle, and on which the web is wound as the work advances. The threads of the warp, besides being separated by a transverse rod or plank, are divided into thirty or forty parcels, to each of which a stone is suspend- ed, for the purpose of keeping the warp in a perpen- dicular position, and allowing the nenessary play to the strokes of the spatha, which is drawn at the side of the loom. The mystical ode written about the eleventh century of our era, with which Gray has made us familiar in his translation, and 1. (Horn., Biitr., 181.— Eustath.in Horn.,!!., Hiii.,'?62.— Od, t , 121.)— 2. (Varro, L. L., v., 113, ei. MuUer.)— 3. (Horn., Od., ■j., 94.— Hesiod, Op. et Dies, 779.)— 4. (Theoor., xv., 35.) —5. (Ovid, Met., iv., 395.— Epist., i., 10.)— 6. (JKn., vii., 14.— Servi- as, in looi- Horn., Od., x., 222.)— 7. (Artemid., iiii', 36.— Servius, I. c.)— 8. (Met., vi., 55.)— 9. (Theocr., xviii., 34.)— 10. (Eustatli. in Horn., Od., xiii., 107.) — 11. (Pollai, Onom., vii., %., i 36. — Eustath. in Horn., Od., xiii., 107.) 954 Which describes the loom ol " the Fatal Sisters," represents warrjbrs' sculls as supplying the plafii of these round stones (pondera^). The knotted biin- dies of threads to which the stones were attached often remained after the web was finished in the form of a fringe. (Vid. Fimbki^e.) While the comparafively coarse, strong, and much-twisted thread, designed for the warp, was thus arranged in parallel lines, the woof remained upon the spindle {vid. Fasua), forming a spool, bob- bin, or pen {irijvii, clim. tt^vlov'). This was either conveyed through the warp without any additional contrivance, as is still the case in Iceland, or it was made to revolve in a shuttle {■travovlKog,' ra- dius*). This was made of box brought from the shores of the Euxine, and was pointed at its ex- tremities, that it might easily force its way through the warp.' The annexed woodcut shows the form in which it is still used in some retired parts of our island for common domestic purposes, and which may be regarded as a form of great antiquity. An oblong cavity is seen in its upper surface, which holds the bobbin. A small stick, like a wire, ex- — ^ -^--- tends through the length of this cavity, and entcf a its two extremities so as to turn freely. The small stick passes through a hollow cane, which our ma,n- ufacturers call a quill, and which is surrounded by the woof. This is drawn through a round hole in the front of the shuttle, and, whenever the shuttle is thrown, the bobbin revolves, and delivers the woof through this hole. The process of winding the yarn so as to make it into a bobbin or pen was called ■KrtviZecdav' or avaTrrjvi^eadat.'' The reverse process, by which it was delivered through the hole in front of the shuttle (see the last woodcut), was called txtrrivi^eaBai. Hence the phrase iKirti vteiTat ravra means "he shall disgorge these things."" All that is effected by the shuttle is tie convey- ance of the woof across the warp. To keep ev- ery thread of the woof in its proper placn, it is ne cessary that the threads of the warp shoold be de- cussated. This was done by the leashes, called in 1. (Sen., Epist., 91.— Plin., H. N., 1. c.)— 2. (Horn., D., xxiii , 762.— Eurip.vHec, 466.)— 3. (Hesych., s. v. Uijvioi'.)- 4. (Lu oret., v., 1352.)— 5. (Vire., JEa., ix., 476.— Ovid, Met., iv., 275- vi., 56, 132.— Fast., iii., 879.)— 6. (Theocr. xviii., 32.)— 7. (Aril- tot., H. A., v., 19.)— 8. (Aristoph.,Ran., 586.^Scliol. ir loe.i TELA TELA. Ljitin licia, in Greek /ziroi (/aiTof'). By a leash we are to understand a thread, having at one end a loop, through which a thread of the warp was pass- ed, the other end being fastened to a straight rod called liciatorium, and in Greek kovuv." The warp, having been divided by the arundo, as already men- tioned, into two sets of threads, all those of the same set were passed through the loops of the cor- responding set of leashes, and all these leashes wore fastened at their other end to the same wood- en rod. At least one set of leashes was necessary to decussate the warp even in the plainest and sim- plest weaving. The number of sets was increased according to the complexity of the pattern, which was called bilix or trilix,' Sijinog, Tpi/itroc;,* or tto- MjiiTo;,^ according as the number was two, three, or more. The process of annexing the leashes to the warp was called ordiri telam,^ also licia tela addcre, or ad- nectere.'' It occupied two women at the same time, one of whom took in regular succession each sep- arate thread of the warp, and handed it over to the other ; this part of the process was called Trapa^e- peiv, napadiSovat, or •Kpo^opzlaOai.'' The other wom- an, as she received each thread, passed it through the loop in proper order, and this act, which we call " entering," was called in Greek iiai^eadat." Supposing the warp to have been thus adjusted, and the pen or the shuttle to have been carried through it, it was then decussated, by drawing for- ward the proper rod so as to carry one set of the threads of the warp across the rest, after which the woof was shot back again, and by the continu- al repetition of this process the warp and woof were interlaced.'" In the preceding figure of the Icelandic loom we observe two staves, which are occasionally used to fix the rods in such a position as is most convenient to assist the weaver in draw- ing her woof across her warp. After the woof had been conveyed by the shuttle through the warp, it was driven sometimes downward, as is repre- sented in the first woodcut, but more commonly upward, as in the second." Two different instru- ments were used in this part of the process. The \ simplest, and probably the most ancient, was in the form of a large wooden sword {spatha, cTradri, dim. airddiov^'). From the verb airaftiu, to beat with the spatha, cloth rendered close and compact by this process was called (T7ra6')/Tof .'^ This instrument is still used in Iceland exactly as it was in ancient times, and a figure of it, copied from Olafsen, is giv- en in the second woodcut. The spatha was, however, in a great degree su- perseded by the comb {pecten, KcpKl(), the teeth of which were inserted between the threads of the warp, and thus made, by a forcible impulse, to drive the threads of the woof close together.'* It is prob- able that the teeth were sometimes made of metal;" and thsy were accommodated to the purpose intend- ed by being curved {pectinis unci"), as is still the case in the combs which are used in the same man- ner by the Hindus. Among us the ofiice of the comb is executed with greater ease and effect by the reed, lay, or batten. The lyre (vid. Lyka), the favourite musical instru- 1. (Hom.,11., jcxiii., 762.)— 2. (Aristoph., Thesm., 329.) — 3. (Mart., xiv., 143.)— 4. (Crat. Jun., Frag., p. 103, ed. Hmikel.)- i. (Per., Mar. Eryth., p. 164, 170, 173, ed. Blancardi.)-6. (Plin., II. N., xi., 24, s. 28.) — 7. (Virg., Gcorg., i., 285.— TJbuU , i., 6, 78.) —8. (Schol. in Aristoph., At., 4.— Silidas, Hes)'ch.,'s. v.)— fl. (Schol. in Horn., Od.,vii., 107.) — 10. (Plut., vii.,aap. conv., p. 592, ed.Reiske.— Horn., II., Miii., 760-763.) — 11. (Isid., Orig., lix., 22.— Herod., ii., 35.)— 12. (Brunclc, Anal., i., 222.— Plato, Lysis., p. 118.— .a:sch.,Choepb.,226.)— 13. (Athen , xii., p. 525, d.)—U. (Ovid, Fast., iii., 880. — Met., vi., 58. — Jut,, ii., 26.- Virg., .^n., vii., 14. — Horn., ll.,Kxii., 448. — Aristoph., ATes,832. -Burip., Ion, 509, 760, 1418, 1492.)— 15. (Horn., Od., v., 62.)— 16 rclaudian;n Eutrop., ii., 382.) ment of the Gre\3ks, was only known to the Romans as a foreign invention. Hence they appear to have described its parts by a comparison with the loom, with which they were familiar. The terms jugum and stamina were transferred by an obvious resem blance from the latter to the former object ; and, although they adopted into their own language the Greek word plectrum,'- they used the Latin Pecten to denote the same thing, not because the iiistru ment used in striking the lyre was at all like a comb in shape and appearance, but because it was held in the right hand, and inserted between the stamina of the lyre, as the comb was between the stamina of the loom.' After enumerating those parts of the loom which were necessary to produce even the plainest piece of cloth, it remains to describe the methods of pro- ducing its varieties, and more especially of adding to its value by making it either warmer and softer, or more rich and ornamental. If the object was to produce a checked pattern {scutulis dividere'), or to weave what we should call a Scotch plaid, the threads of the warp were arranged alternately black and white, or of different colours in a certain series, according to the pattern which was to be exhibited. On the other hand, a striped pattern {(laMuTo; ;* vir- gata sagula') was produced by using a warp of one colour only, but changing at regular intervals the colour of the woof Of this kind of cloth the Ro- man irabea' was an example. Checked and striped goods were, no doubt, in the first instance, produced by combining the natural varieties of wool, white, black, brown, &c. {Yid. Pallium, p. 718) The woof also was the medium through which almost every other diversity of appearance and quality was effected. The warp, as mentioned above, was gen- erally more twisted, and consequently stronger and firmer than the woof; and with a view to the same object, different kinds of wool were spun for ihe warp and for the woof The consequence was, trtat after the piece was woven, the fuller drew out its nap by carding, so as ts make it like a soft blanket' {vid. FuLLo, p. 453) ; and, when the intention was to guard against the cold, the warp was diminished, and the woof or nap (itpb^, xpoKvi) made more abun- dant in proportion." In this manner they made the soft x^alva or Ljena. {Vid. Pallium, p. 718.) On the other hand, a woof of finely-twisted thread (f/Tpiov) produced a thin kind of cloth, which resem- bled our buntine {lacernee nimia subteminum tenuilate perflabiles^). Where any kind of cloth was enriched by the admixture of different materials, the richer and more beautiful substance always formed part of the woof Thus the vestis subscrica or tramose- rica had the tram of silk. {Vid. Sericum.) In other cases it was of gold,'" of wool dyed with Tyrian pur- ple" {Tyrio subtegmine,^' picto subtegmine^^), or of beavers'-wool (vestis fibrina}^). Hence the epithets ^otviKOKpoKog, " having a purple woof,"" avOoKpo- K0(, "producing a flowery woof,'"" ;(pt' 25.) — 12. (vii., 3, 4 34.) — 13. (o. 24.) — 14. (UIp., Frag., tit. 20.— Comp. U'p., Dig. 28, tit. 2, s. 1, where he has ■'justa aententia.")— IS (-i., 12.)— 16. (Suet., Ner., 17.— Dig. 88, tit. 3, s. 17.) SGn Hekes, Roman, p. 497) The testamelit.laetio wa the privilege only of Roman citizens who were pa tresfamilias. The following persons, consequently had not the testamentifactio : those who were it the potestas or manus of another, or in mancipu causa, as sons and daughters, wives in manu and slaves ; but, with respect to his castrense peculiiim {vid. Patria Potestab, p. 742), a filiusfamilias had the privilege of testamentary disposition : Latiiii Juniani, dediticii : peregrini could not dispose of their property according to the form of a Roman will: a person who was doubtful as to his status, as, for instance, a person whose father had died abroad and the fact was not ascertained, could not make a testament : an impubes could not dispose of his property by will, even with the consent of his tutor ; when a male was fourteen years of age he obtained the testamentifactio, and a female obtained the power, subject to certain restraints, on the completion of her twelfth year : muti, surdi, furiosi, and prodigi " quibus lege bonis interdictum est" had not the testamentifactio ; the reasons why these several classes of persons had not the testamenti- factio illustrate the Roman mode of deducing legal (Conclusions from general principles: the mutus had not the testamentifactio, because he could not utter the words of nuncupatio ; the surdus, because he could not hear the words of the emtor familiae ; the furiosus, because he had not intellectual capaci- ty to declare his will {testari) about his property; and the prodigus, because he was under a legaj restraint, so that he had no commercium, and, con- sequently, could not exercise the formal act of the familise mancipatio.' {Vid. Curator, Impubes.) Women had originally no testamentifactio, and when they did acquire the power, they could only exercise it with the auctoritas of a tutor. Of course a daughter in the power of her father, whether she was unmarried or married, and a wife in manu, could never make a will. The rules, therefore, as to a woman's capacity to make a will, could apply only to unmarried women after the death of their father, and to widows who were not in the power of a father. This subject requires explanation. Cicero' observes, " if a woman has made a wilt, and has never undergone a capitis diminutio, it does not appear that the bonorum possessio can be grant- ed in pursuance of such will according to the prsB- tor's edict ; for if it could, the edict mnst give the possessio in respect of the wills of servi, exules, and pueri." Cicero means to say that if a woinan made a will without having sustained a capitis dim- inutio, the wilL could have no effect at all; and he derives his argument " ab adjunctis," for if such a will could have any effect, then the wills of other persons, who had not the testamentifactio, might be effectual so far as to give the bonorum possessio. It is not a logical inference from the language of Cicero that a woman who had sustained a capitis diminutio could make a will; but this is the: ordi- nary meaning of such language, and it appears tc be his. Consistently with this, Ulpian says,' " wom- en, after their twelfth year, can make a will with the auctoritas of a tutor, so long as they are in tu- tela ;" and the comment of Boethius on the passage of the Topica clearly shows that he understood it in this way. A woman, then, could make a will with the auctoritas of her tutor, and not without. Now if a woman \Vas in tutela legitima, it might be correctly said that she could not make a will ; for if she was ingenua, the tutela belonged of right to the agnati and gentiles, and if she was a liberta, it belonged to the patron. In these cases a woman could indeed make a valid will with the consent of 1. (Dip., Frag., tit. 20, s. 13.) - 2. (Top., 4,) — 3 (FraR., til ■0, B. 15.) IJSSTAMENTUM. TESTAMEN'TUM. fter tutores, bat, as ber tutores were her heirs in case of intestacy," sneh consent woiild seldom be given ; and though a woman under such .oircum' stances might be allowed to make a will,, it may be assumed that- It was a circumstance altogether un- usual, and thus the rule as to a woman in tutelai legitima, as above stated; might be laid down as generally true. The passage of Cicero, therefore, does;not apply to the tutela legitima, but to some- thing else. Since; the 'discovery of the Institutes of Gains the difficulty has been cleared up, though It had been solved in a satisfactory manner by Sa- jigny before the publication of Gaius.' A woman could make a ^' coemptio fiducis causa" iniorderto qualify herself to make;ajwill; for "at that time women had not the power of making a will, except certain persons, unless they made a coemptio, and were remancipatedand manumitted ; but, on the recommendation of Hadrian, the senate made the ceremony of coemptio unnecessary ^ for this purpose."' The coemptio was accompanied with a capitis diminutio, and this is what Cicero alludes to in the passage of the Topica. ( Vid. Mar- EiAGE, Roman.) A woman who; came in manum viri liad sustained a- capitis diminutio, 'but it must not be inferred from this that if she became a widow she could make a will. The capitis diminutio of Cicero means that the will must be. made with the auotoritas of a tutor. Now if the husband died when the wife had been in manu, and he appointed no tutor for her, she w?.s in the legitima tutela of her nearest agnati, who would be her own children and step-children, if she had any. But the tutela legitima in such a case would seem something un- natural, and, accordingly, the magistratus would give a tutor to the woman ; , and such a tutor, as he jiad no interest in the woman's property, could not prevent her from making a will. The husband might, by. his will, giveithe wife a power to choose a tutor (tutoris optio), and such a tutor could not re- fuse his consent to the woman making a will ; for, instead of the woman being in the potestas of the tutor, he was in the potestas of the woman, so far as to be bpund to assent to her testamentary dis- positions.' The case of Silius* may be a case of a woman's making a will without tlie auctoritas of a tutor, for it appears that a woraK». (Turpilia) had disposed of property by will, and Gcrvius Sulpicius was of opin- ion that this was not u valid wiD, because the will- maker had not the testamentifactio. There may, however, have been other reasons why the will- maker had not the testamentifactio than the want of a capitis diminutio (in the sense of Cicero^), and, consequently, the opinion of those critics who refer the case mentioned in this letter to the principle of the capitis diminutio is not a certain truth.; , ;, ■ The following referenpes may be consulted as to this matter ; Qie., Pro Cacin., 6, 25 ; Pro PUun,- 35 ; Pro-Muren., 13; ad 4it,,.yii., 8. — Liv.-, xxxixv, 19- — Gaius, i., 150, Sec. Libertae could not. make a testament without the auctoritas of ^ their patronus, except so far as this rule was altered ,by enactments, for they were ini the legitima tutela of their patronus. Libertse who: had a certain ;iumber of children could make a will without the auctoritas- of their patronus. (Vid. Patxonus.) The vestal virgins had no tutor, and yet they could make a testament. The Twelve Tables re-i teased them from all tutela. "inhonorem sacer- iotii."^ 1. (Beytragzur Gesch. der Gescblecht., Zeitsclmit, vol. iii., p. 328.)'^2. (Gaius, 115, a.)— 3. (Comp. Liv., xzxix., 19, and.Cic., Pro Muren., c. 17.— Gaius, i„ 160.) ^4. (Gic. ad Div., »ii., 21.) -5. (Top., 4^)^-6. -5. (De Or i 5J.' TESTAMENTUM. TESTAMENTUM. to/, il was always subject to the same rules of law as other wills, so far as we know. The form of mancipatio owed its origin to positive enactments {vid. Usucapion) : it was a form of alien- ation accompanied with certain public ceremonies, the presumed object of which was to secure evidence of the transfer. The form of mancipatio as applied to a will was exactly the same form as mancipatio applied to any other purpose : it was an alienation of the property, and, according to strict principles, it must have been irrevocable. It is sometimes as- sumed that the five witnesses to the testament {ci- ves Romam puberes) were representatives of the five classes of Servius TuUus. If this is true (which is a mere assumption), the classes weie represented as witnesses only, not as persons wno gave their con- sent to the. act. Engelbach states : "Mancipation was originally a formal sale, in which the publicness of the transaction constituted the essential charac- teristic. When the seller had transferred to the buyer the ownership of a thing before the five rep- resentatives of the five classes of the Roman peo- ple, this was as valid as any other lex which was brought before the assembly of the people and pass- ed into a lex.'" The whole meaning of this is not clear, but so far as this it is clear and true : the testamentum per ses et libram differed in no respects as to the capacity of the alienor from any other mancipation. Now we must either suppose that the assumed consent of the populus to the testa- mentary disposition at the calata comitia was ex- pressed by a special enactment, which should trans- fer the property according to the testator's wish, or that the consent only must have been given to the transfer, and the transfer must have been made in the usual way : the latter is the only conceivable case of the two. In assuming this original neces- sity of consent on the part of the populus to the testamentary disposition, we assume that Roman property was originally inalienable at the will of the owner. This may be true, but it is not yet shown to be so. The Twelve Tables recognise a man's power to dispose of his property by will as he pleased : " Uti legassil super pccunia tutelave sua rei ita jus esto."' It is generally admitted, and the extant passages are consistent with the opinion, that the new testa- mentary form per ajs et libram existed while the two original forms were still in use. Now in the tisstamentum per ses et libram there is no pretence for saying that any consent was required except that of the buyer and seller ; and the Twelve Tables recognise the testator's power of disposition. If, then, the form of testament at the comitia calata sub- sisted after the Twelve Trables, we have, according to the views of some writers, a form of testamentum to which the consent of the testator was sufiicient, and another form in which it was not. There still remains to those who support this opinion the pow- er of saying that the consent of the sovereign people had become a form, and therefore it was indifferent, so far as concerns this consent, whether the will was made at the comitia, where it would be fully witnessed, or per aes et hbram, where it would be witnessed by the five representatives. But it is easy to suggest possibilities ; less easy to weigh ev- idence accurately, and to deduce its legitunate con- sequences. As already observed, there seems to have been no rule of law that a testament must be written. The mancipatio required no writing, nor did the in- stitution of a heres, and the number of witnesses were probably required in order to secure evidence of the testator's intentions. Thus it is said° that 1. (Ueber die Usucapion znr Zeit dev ZwBlf Tafeln, p. 80.)— 8 (Ulp., Frag., tit. li., 14.)-3. (Dig. 28, tit. ), s. 21.) the heres /night either be made by oral deeiaratioi {rmncupatio) or by viTiting. Written wills, however, were the common form among the Romans, at least in the later republican and in the imperial periods. They were written on tablets of wood or wax, whence the word " cera" is often used as equiva^ lent to " tabella ;" and the expressions prima, se- cunda cera, are equivalent to prima, secunda pagina The will might be written either by the testator or any other person with his consent, and sometimes it was made with the advice of a lawyer. It was written in the Latin language until A.D. 439, when it was enacted that wills might be in Greek.' By the old law, a legacy could not be given in the Greek language, though a fideicommissum could be so giv- en. ' It does not appear that there was originally any signature by the witnesses. The will was seal- ed, but this might be done by the testator in secret, for it was not necessary that the witnesses should know the contents of the will ; they were witnesses to the formal act of mancipatio, and to the testator's declaration that the tabulae which he held in his hand contained his last will. It must, however, have been in some way so marked as to be recog- nised, and the practice of the witnesses {testes) seal- ing and signing the will became common. It was necessary for the witnesses both to seal {signare), that is, to make a mark with a ring {annulus) or something else on the wax, and to add their names {adscribere). The five witnesses signed their names with their own hand, and their subscription also de- clared whose will it was that they sealed.' The seals and subscriptions appear to have been on the outside. A senatus consultum, which applied to wills among other instruments, enacted that they should be witnessed and signed as follows .■ They were to be tied with a triple thread {linum) on the upper part of the margin, which was to be perfora- ted at the middle part, and the wax was to be put over the thread and sealed. Tabulae which were produced in any other way had no validity. (Com- pare Paulus,' where impositae seems to be the true reading, with SuetOnins.*) A man might make sev- eral copies of his will, which was sometimes done for the sake of caution." When sealed, it was de- posited with some friend, or in a temple, or with the vestal virgins ; and after the testator's death it was opened (resignare) in due form. The witnesses or the major part were present, and after they had acknowledged their signatures, the thread {linum) was broken, and the will was opened and read, and a copy was made ; the original was then sealed with the public seal, and placed in the archium, whence a fresh copy could be got if the first copy should ever be lost." This practice, described by Paulus, may have been of considerable antiquity. The will of Augustus, which had been deposited with the vestal virgins, was brought into the senate after his death ; none of the witnesses were admit- ted except those of senatorian rank ; the rest of the witnesses acknowledged their signatures outside of the curia.' A curious passage in a Novel of Theodosius 11. (A D. 439, De Testamentis) states the old practice as to the signature of the witnesses. " In ancient times a testator showed {offerebat) his written tes- tament to the witnesses, and asked them to bea". testimony that the will had so been shown to their {obldtarum tabuldrum perJiibere testimonium)," which are almost the words of Gains. The Novel goes on to state that the ignorant presumption of posterity had changed the cautious rule of the ancient la-w, and the witnesses were required to know the con- I. (Cod., Ti.,tit. 23, s. 21.)— 2. (Dig. 28, tit. 1, s. 30.)— 3: (S R., tit. 25, s. 6.)— 4. (Ner., 17,)— 5 (Suet Tib., 76.)— 6. (Pail lus, iT., 6.)— 7. (Suet., Tib., 23.) 963 TESTAMENTUM TESTAMENTUM. teits of the will ; the consequence: of which was, that many persons preferred dying intestate to let- ting the contents of their wiUs be known, The Novel enacted what we may presume to have been the old usage, that the testator might produce his will sealed, or tied up, or only closed, and, offer it to seven witnesses, Roman , citizens and puberes, for their sealing and subscription, provided at the same time he declared the instrument to be his will, and signed it in their presence, and then the witnesses affixed tl^eir seals and signatures at the same time also. A fragment of a Roman vvill, belonging to the time of Trajan, was published byiBuggeinthe Rheinisches Museum.^ The penalties against, fraud in the case of wills and other instruments were fixed by the lex Corne- lia. {Vid. Falsum.) The Edict established a less form^ kind of will, since it acknowledged the validity of a will when there had been no mancipatip, provided there were seven witnesses and seven seals, and the testator had the testamentifactio at the time of making the will and at the time of his death." The terms of the edict are given by Cicero.= The Edict only gave the bonorum possessio, which is the sense of hereditas in the passage of Cicero referred to, as well as in Gaiu?.' This so-called praetorian testa- ment existed in the republican period, and for a long time after. Thus a man had his choice be- tween two forms of making his will ; the civil form by mancipatio, and the praetorian with seven seals and seven witnesses, and without mancipatio.' The prsetorian testament prepared the way for the abolition of mancipatio, thp essential character of a will made according to the jus civile, and in the legislation of Justinian the form of making a testament was simplified. It required seven male witnesses of competent age and legal capacity, and the acs must be done in the presence of all, at the same place, and at the same time, that is, it must be continuous. The testator might declare his last will orally (sine scriptis) before seven witnesses, and this was a good will. If it was a written will, the testator acknowledged it before the witnesses as his last will,, and put his name to it, and the wit- nesses then subscribed their names and affixed their seals. The testator might write his will or have it written by another person, but such other person could derive no advantage under the will. {Vid. Senatus Conshltpm Libonianum.) The cases in which a will was not valid, because the heredes sui were not expressly exheredated, are stated in Heses (Roman). A testament which was invalid from the first was injustum, and never could become valid : it was non jure factum when the proper forms had not been observed ; it was nuUius momenti, as in the case of a filiusfamilias who is " praeteritus." A testament- um justum might become either ruptum or irritum in consequence of subsequent events.* A testament became ruptum if the testator made a subsequent testament in due form as required by law : and it made no matter whether or not there turned out to be a heres under the second will ; the only question was whether there could have been one. If, then, the heres named in the second will . refused the hereditas, or died either in the lifetime of the testator, or after his death, and before the cretio, or failed to comply with the conditions of the will, or lost the hereditas under the lex Julia et Papia Poppaea — in all these cases the paterfamilias died intestate. 1. (i., 249, (fee.)— 2. (Gaius, ii., 147.)— 3. (in Ven., o. i., 45.) —4. (ii., 119.)— 5. (Savignj, Beytrag ?ur GeBch. der RSm. Te«- lam., ZeitSL-hrift, i'., 78.)— 6. (Dig. 28, tit. 3, s. 1.) 064 A valid will became irritum if the testator sua tained a capitis diminutio after the date of the will or if it failed of effect because there was no heres Thus a prior will which was invalidated by a subse- quent will was ruptum ; and if there was no heres under the subsequent \ rill, such will was irritum. If a man who had made a will was taken prison- er by the enemy, his will was good jure postlimiiiii if he returned home ; if he died in captivity, it was made as valid by the lex Cornelia as if he had not been a captive. Though a will might be ruptum or irritum by the JUS civile, it was not always without effect ; for the bonorum possessio secundum tabulas might be had by the, scriptus heres, if the will was witnessed by seven witnesses, and if the testator had the testa- mentifactio. The distinction between the case of a will which was invalid jure civili for want of due forms, and one which was invalid for want of legal capacity to dispose of property by will, was well rec- ognised in the time of Cicero. A will also became ruptum by adgnatio, that is, if a suus heres was born after the msiking of the will, who was not ei- ther instituted heres, or exheredated as the law re- quired. A quasi adgnatio also arose by adoption, or by the in manum conventio, or by succession to the place of a suus heres, as in the instance of a grandson becoming a suus heres in consequence of the death or the emancipation of a son : a will also became ruptum by the manumission of a son, that is, where the son, after a first and second mancipa- tion, returned into the power of his father. {Vid. Emancipatio.) A testament was called inofficiosum which was made in legal form, " sed non ex officio pietatis." For instance, if a man had exheredated his own children, or passed over his parents, or brothers or sisters, the will was in form a good will, but if there was no sufficient reason for this exheredation or praeterition, the persons aggrieved might have an inofficiosi querela. The ground of the complaint was the allegation that the testator was " non sana mentis," so as to have capacity to make a will. It was not alleged that he was furiosus or demens, for these were technical words which implied com- plete legal incapacity. The distinction was a fine one, and worthy of the subtlety of the jurists, to whom it may be presumed to owe its origin. By the legislation of Justinian, no person could main- tain a querela inofficiosi beyond the degree of broth- ers and sisters ; and brothers and sisters could only maintain their claim against " scripti heredes" who were " turpes persona."' The complaint also could only be maintained in cases where the com- plaining parties had no other right or means of re- dress. If any portion, however small, was left by the will to the complaining party, he could not main tain a querela inofficiosi, and he was only entitled to so much as would make up his proper share. If the judex declared the testamentum to be inofficio- sum, it was rescinded ; but if there were several heredes, the testament would only be rescinded as to him or them against whose institution the judex had pronounced. The portion of an hereditas which might be claimed by the querela inofficiosi was one fourth, which was divided among the claimants pro rata.' The querela inofficiosi is explained by Savigny vrith his usual perspicuity." When a testator pass- ed over in his will any of his nearest kinsfolks, who in the case of intestacy would be his heredes, this gave rise to the opinion that the person thus passed over had merited this mark of the testator's disapprobation. If this opinion was unfounded, the 1. (Top., 11.)— 2. (Plin., Ep., v., 1.— Inst., ii., tit. 18.- Dig, 5, tit. 2 :- re tnofiicioco Teatamentp.)— 3. (System, &c., ii , 127 TESTAMENTUM. TESTUOU testator had done an unmerited injury to the person, and his remedy was by getting the will set aside, is made under the influence of passion. If the will was set aside, the testator was thereby declared to lave died intestate, and the complainant obtained tie hereditas which was the immediate object of Qio querela, or his share of it. But the ultimate •bject of the querela was the public re-establish- nent of the injured honour of the complainant, nrho in this action appeared in a hostile position ^th respect to the testator who had brought his tharacter in question. Consequently, this action aad for its ultimate object vindicta, and the pecu- liarity of the action consisted in the difference be- tween this ultimate object of the action and the immediate object of it (property), which was mere- ly a means to the ultimate object. (Vid. Vindiota.) Tnere is no evidence to show when the querela inofficiosi was introduced as a mode of setting aside a will. The phrase testamentum inofficiosnm oc- 3urs in Cicero and in Quintilian." Codicilli were an informal will : they may be de- fined to be a testamentary disposition' of such a kind which does not allow the direct appointment or exheredation of a heres, even though the codi- cilli are confirmed by a testament ; but he who was appointed heres by a testament might be request- ed by codicilli to give the hereditas to another alto- gether or in part, even though the codicilli were not confirmed by a testament. A legacy could not be given by codicilli unless the codicilli were con- firmed by a will'; and this must be the case to which Pliny refers.' Acilianus had made Pliny ' heres ex phrte," but he had also made codicilli in his own haridvnriting, which, as Pliny alleges^ were void (pro von scr?ptis habendi), because they were not confirmed by the will. Now, as already ob- served, it appears from Gains' that a person who was appointed heres by a will might be required Jy codicilli to give the whole hereditas or a part to mother, even though the codicilli were not confirm- ed by a will. But Pliny is speaking of codicilli which were void for want of a testamentary con- .irmation ; and this, as we learn from Gaius, is the lase of a legacy given by codicilli which have not been confirnied by a will. This confirmation might De either prospective or retrospective {si in testa- ^nento caverit testator, ut quidquid in codicillis scrip- terit, id ratum sit ,-* quos novissimos fecero^). This passage of Pliny, as to the confirmation of codicilli by a testament, has sometimes been misunder- stood. It, is stated, ° " Conficiuntur codicilli quatuor modis : aut enim infuturum confirmantur aut in pra- tentum, aut per fideicommissum testamento facto aut line testamento." These four modes are referred to in Gains : the first two are contained in the words above quoted, " si in testamento," &c. : the third is the case of the heres institutus being re- quired to give the hereditas to another person by codicilli non confirmati ; and the fourth is the case of a fideicommissum given by codicilli of a person who made no other testamentary disposition. It Was a riile of law that codicilli, when duly made, were to be coiisiflered (except in a few cases) as incorporated in the will at the time when the will was made, a plinciple which led to various legal conclusions, which the Roman jurists deduced with their usual precision.' Originally there was probably no particular form fcquired for codicilli ; but there must have been etidepce of their containing the testator's inten- tion. Subsequently witnesses were required, and five witnesses were suflicient for coJicilli made in 1. (Inst. Or., ix., 2.) — 2. (Ep., ii., 16.)-3. (ii., 273.)— 4. (Giius, ii., 270.)-5. (IMg. 29, tit. 7, a. 8.)-6 (Id. ib.)— 7. (Dif. W,tit.7, 8. 2.) writing, if the witnesses subscribed theii names tt the codicUli.' But a man could, without writing and in the presence Of five witnesses, impose a fideicommissum on his heres. A testament which was defective as such, might be effectual as codi- cilli. The power to make codiciEi was the same as the power to make a testament." The subject of Roman testaments can only be satisfactorily expounded in a large treatise, and it Would require to be treated historically. The pre- ceding sketch may be useful, and generally true, and it affects to be nothirtg more. TESTIS. iVid. Oath, Roman, p. 670.) TESTU'DO {xeX&vri), a Tortoise, was the name given to several' other objects. ' 1. To the Lyra, because it was sometimes made of a tortoise-shell. (Kirf. Lyra.) ' 2. To an arched or vaulted roof.' {Vid.TEx- PLUM, p. 959.) Thus, in a Roman house, when the cavum sedium was 'roofed all over, and had no opening or compluvium in the centre, the cavum aedium was called testudo.* '■(■Krf. HouseI, RdirAN, p. 516, 517.)' =• 3; To a inilitary machine' moving upon wheels aiid roofed over, used in besieging' cities, under which tile soldiers Worked- in imdermiiiing the walls, or otherwise destroying them." It was usual- ly covered with raw hides or' other materials which could not easily be set on fire. The battering-ram {vid. Aries) was frequently placed under a testudo of this kind, which was then called Testudo arieta- ria.' Vitruvius also mentions and explains the construction of several other military machines to which the name of testudines was given.' 4. The name of testudo was also applied to the covering made by a close body of soldiers, who placed their shields over their heads to secure themselves against the darts of the enemy. Th« shields fitted so closely together as to present one unbroken surface, without any interstices between them, and were also se firm that men could wall upon them, and even horses and chariots be driven over them." A testudo was formed (testudinem fa cere) either in battle, to ward off the arrows and other missiles of the enemy, or, which was more frequently the case, to form a protection to the sol- diers when they advanced to the walls or gates of a town for the purpose of attacking them." (Ssa 1. (Cod., vi., tit. 36.)— 2. (Dig. SB, tit. 7 : De Jn.e Codici* mm.)— 3. (Virg., iEal,i., 505.— Cic.,1 Briit., 22.)--4. (Varr., i L.,v., 16I,ed. Mffller.)— 5. (C!es.,B. G.,v.,42, 43.^B. C, li., 2.)— 6. (Vitruv., X, W, p. 322,Bip.)— 7. (i., 20, 21.— C6mp»r«. Polyb., ii.,41.)— 8. (Dion Cass., xlii., 30.) — 9. (Dion Com, ; c— LiT., X., 43.— C»s., B. G., ii., 6.— Sail., Jug., 94.) 965 TETTIGOMETRA. \ EARGELIA. pieceding cu , taken from the Antoiiine column.) Sometimes the shields were disposed in such a way as to make the testudo slope. The soldiers in the first line stood upright, those in the second stooped a little, and each line successively was a little, low- er than the preceding down to the last, where the soldiers rested on ore knee. Such a disposition of the shields was called Fastigala testudo, on ac- count of their sloping like the roof of a building. The advantages of this plan were obvious : the stones and missiles thrown upon the shields rolled oft' them like water from a roof; besides which, other soldiers frequently advanced upon them to attack the enemy upon the walls. The Romans were accustomed to form this kind of testudo, as an exercise, in the games of the circus.' *II. (;i;e/lt)f and ;);e^ui'i7), the Tortoise or Testudo. "The Greek writers describe several species of t)oth the Land and Sea Tortoise. Of the sea-turtle, they were, of course, best acquainted with those species which are found in the Mediterranean, .^lian, however, also makes mention of the Indian. The species which the ancients may be supposed to hdve known most familiarly are the Testudo lyra, T. Graca, and T. geometrica. (On the use of the turtle by the ancients as an article of food, con- sult Schweighaeuser, Ad Athen., viii., 7. — Gemer, De Aquat. — Actuanus, lib. iv. ; and Zenobius, Cent., iv., 13.) The l/ivf is the Speckled Tortoise, or Emys Europiea."^ TETRADRAOHMUM. (Vid. Deachma.) TETRARCHES or 'lliTKAKCKA iTsrpapxve). This word was originally used, according to its etymological meaning, to signify the governor of the fourth pari ol a country {Terpapxia or rerpaSap- xia). We have an example in the ancient division of Thessaly into tour tetrarchies, which was revi- ved by Philip.' {Vid. Taqos.) Each of the three Gallic tribes which settled in Galatia was divided into four tetrardiies, each ruled by a tetrarch.* This arrangement subsisted till the latter times of the Roman Republic,' but at last the twelve te- trarchs of Gallo-Greecia were reduced to one, name- ly, Deiotarus.' Some of the tribes of Syria were ruled by tetrarchs, and several of the princes of the house of Herod ruled in Palestine with this title.' Niebuhr' remarks that the tetrarchs in Syria were zemindars, who occupied the rank of sovereigns, in the same way as the zemindars of Bengal suc- ceeded under Lord Cornwallis in getting them- selves recognised as dependant princes and abso- lute proprietors of the soil. In the later period of the Republic and under the Empire, the Romans seem to have used the title (as also those of ethnarch and phylarch) to des- ignate those tributary princes who were not of sufficient importance to be called kings.' *TETRIX (Tirpif, or -of, or -auv), a bird noti- cad by Aristotle, and supposed to be the Otis Te- trax, or Little Bustard.'" TETRO'BOLUS. {Vid. Drachma.) TETTAPA'KONTA, 01. {Vid. Forty, The.) ♦TETTIGOME'TRA {reTTLyojiriTpa), a term meaning hterally " the mother of the Tettix," or Cicada. In reality, however, it indicates merely 1 (Lit., iliv., 9.— Polyb., xxviii.,_ 12.)— 2. (jElian, N. A., xiv., 42, &e. — Adains, Append., s. v. x^^^E'J — 3' (Harpocrat., s. v. TfirpapWa.— Strabo, 430.— Demosth., Philipp., ii., p. 117. — Eu- rip., Alcest., 11S4. — Thirlwall's Greece, vi., p. 13, 14.)— 4. (Strabo, 566, SOT.^Plin., H. N., v.,42.)^5. (Appian, Milhrid., 46.— Syr., 60.— Bell. Civ., iv., 88.) —6. (Liv., Epit., 94. — Cic, Pro Deiot., 15.— Hirtius, De Boll. Alex., 67.)— 7. (Plin., H. N., v., 16, 19. — Joseph., Antiq., xiv.,l3,U; xvii;, 8, ^ 1: \\.,i,l) 18, x-ii.,ll,U; xi., 2, «1.— Vlt., 11.)— 8. (Hist, of Rome, ii., . 135.)— 9. (Compare Lucan, vii., 227. — Sail., Cat., 20.— Cic, 'ro Mil., 28 ; in Vatin., 12.— Hor., Sat., i.,3, 12.— VelL Paterc, Ii., 51. — Tacit., Ann., xt., 25.) — 10. (Aristot., H. A., vi., 2.— Athen., ix. — Adams, ADoend., b. v.) 966 that intermediate condition of the nympU prio te the development ot the organs of flight.' *TETTIX (rernf ), the Cicada. ( Vid. Jioada ) *TEUTHIS (TevBk), a species of cuttlo-fioii, tnt Loligo parva of Rondelet. " Belon says its Italian name is Calamaro, and hence Hollar.d, in his trans- lation of Pliny, calls it the Calamai y, which name of it is still retained.'" , *TEUTHOS (rcfiSof ), a species l < cuttle-fish akit to the preceding. It is the Loligo magna of Ron- delet, or the Sepia loligo, L., called in English the Sleeve-fish. The late writers on Natural History give it the name of Loligo vulgaris.' ♦TEUTLOS {TeyrTioc, -ov, -lov, -tf, or aevrlov), ths'Q&eX, or Beta vulgaris. (Fid. Beta.) TEXTOR, TEXTRINUM. ( Vid. Tela, p. 953.) THALAMITOI, THALA'MIOI (-da^lroi, ^or M/iioi.) (Vid. Ships, p. 893.) *THALASSOCRAMBE {-^aUaaoKpupin), caUed by Dioscorides Kpa,fi6ri daXdaaLa, the Sea Kail, or Convolvulus soldanella.* *THALICTRON (i>«;it/cTpov), a plant, the Tludic- irum minus, or Lesser Meadow-rue. According to Hardouin, it is the TAtitorum of Pliny.' THALYS.IA (■dakvoia), a festival celebrated in honour of Oionysus and Demeter,' or, according to others, of IDomiitor alone, as it is described by Theocritus in his seventh idyl, and by the gram- marians wbi iTrote the argumenta to the same. It was held in autiiuin, after the harvest, to thank the gods for the beueins they had conferred upon men.' . ♦THAPSIA (i>aV'ia\ a plant used to dye yellow, which some lexicographers make to be the Mullein, i. e., Verbascum tkapsus, or the Thapsia villosa or fcetida, L. Dierbach holds it to be a species of deadly carrot, Thapsia garganica ; but Sprengel pre- fers the Thapsia aslcepium. Stackhouse is doubtful even as to that genus. '• It appears to me highly probable," says Adams, " that the Turbith of the Arabians is the Thapsia root of the Greeks."' THARGE'LIA (-Sapy^Xm), a festival celebrated at Athens on the 6th and 7th of Thargelioii, m hon- our of Apollo and Artemis," or, according to the schohast on Aristophanes,'" in honour of Helios and the Horse ; the latter statement, however, ia in substance the same as the former. The Apollc who was honoured by this festival was the Delian Apollo." The real festival, or the Thargelia in a narrower sense of the word, appears to have taken place on the 7lh, and on the preceding day the city of Ath- ens, or rather its inhabitants, were purified.'" The manner in which this purification was effected is very extraordinary, and is certainly a remnant of very ancient rites, for two persons were put to death on that day, and the one died on behalf of the men, and the other on behalf of the women of Athens. The name by which these victims were designated was ^apfianci: according to some ac- counts, both of them were men, but according to others, the one dying on behalf of the women was a woman, and the other a man.'" On the day when the sacrifice was to be performed, the victims were led out of the city to a place near the sea, with the accompaniment of a peculiar melody, called upaSlrn vq/iog, played on the flute.'* The neck of the one fe 1. (Aristot., II. A., v., 24.— Adams, Append., s. v.)— 2. (Adams, Append., s. T.) — 3. (Adams, Append., s. v.) — 4. (Oeopon., jdi., 1. — Dioscor., ii., 148. — Adams, Append., a. v.) — 5. (Uioscor., iv., 9G. — Plin., H- N., xxvii., 112. — Adams, Append., s v.) — 6. (Menand. Rhet., quoted by Meursius.) — 7. (Spanlieim ad CaUi- mach., Hymn, in Car., 20 and 137. — Wiistemann ad Theocrit. Idyll., vii.. 3.)— 8. (Dioscor.* iv., 154. — Theophr., H. P., ix., « — ^Adams, Append., s. v.) — 9. (Etym. Mag-. — Suidas, s. v. Qap y^jXw.)— 10. (Equit.,1405.)— 11. (Athen., x., p. 424.)— 12. (Plut, Symp., vJii., l.-^-Diog. Laert., ii,, 44.— Harpocr*, s. v «^j«aiB)fj.i —13. (Hesych., s. v. ^apuaKol.)—!^. (Hesyc^., s v^ THEATRKM THEATKUM. wuo died for the men was surrounded with a gar- land of blaclc figs, that of the other with a garland of white ones ; and while they were proceeding to the place of their destiny, they were beaten with rods of fig-wood, and figs and other things were thrown at them Cheese, figs, and cake were put into their hands that they might eat them. They were at last burned on a funeral pile made of wild fig-wood, and their ashes were thrown into the sea and scattered to the winds.' Some writers main- tain, from a passage of Ammonius," that they were thrown into the sea cilive ; but this passage leaves the matter uncertain. We are not informed wheth- er this expiatory and purifying sacrifice was offered regularly every year, but from the name of the vic^ tims (ipap/iaKoi), as well as from the whole account of Tzetzes, which is founded on good authorities, it appears highly probable that this sacrifice only took place in case of a heavy calamity having be- fallen the city (voaomjic r^f iro^euf), such as the plague, a famine, &c. What persons were chosen as victims on such occasions is not mentioned, and we only learn from Suidas^ that ihey were kept at the public expense (diiitoaif rpc^ofievoi). But they were in all probability criminals sentenced to death, and who were kept by the state from the time of their condemnation to be sacrificed at the Tharge- lia. In the earlier times, however, they^ were not criminals, but either cripples,* or persons who of- fered to die voluntarily for the good of their coun- try.' The second day of the Thargelia was solemnized with a procession and an agon, which consisted of a cyclic chorus performed by men at the expense of a choragus.' The prize of the victor in this afjon was a tripod, which he had to dedicate in the Tem- ple of Apollo which had been built by Pisistratus.' On this day it was customary for persons who were adopted into a family to be solemnly registered, and received into the genos and the phratria of the adoptive parents. This solemnity was the same as that of registering one's own children at the apa- turia.' (,Vid. Adoption, Gkeek.) Respecting the origin of the Thargelia there are two accounts. According to Istrus,' the fap- ao/tot derived their name from one Pharmaeus, who, having stolen the sacred vials of Apollo, and being caught in the act by the men of Achilles, was stoned to death, and this event was commem- orated by the awful sacrifice at the Thargelia. Helladius,'" on the other hand, states that at first these expiatory sacrifices were offered for the pur- pose of purifying the city of contagious diseases, as the Athenians, after the death of the Cretan Androgens, were visited by the plague." THEA'TRUM {Marpm). The Athenians, before the time of ^schyJus, had only a wooden scaffold- ing on which their dramas were performed. Such a wooden theatre was only erected for the time of the Dionysiac festivals, and was afterward pulled down. The first drama that .lEschylus brought upon the stage was performed upon such a wooden scaffold^ and it is recorded as a singular and ominous coin- iCidence, that on that occasion (500 B.C.) the scaf- folding broke down. To prevent the recurrence of ouch an accident, the building of a stone theatre was forthwith commenced on the southeastern de- 1. (Tzetzea, Chil., v., 25.) —2. (De Different. Vooab., p. 148, «d. Valck.) — 3. (s. V. 'iapimKot.) —i. (Teztzes, 1. c— Schol. ad Aristoph., Ran., 733.)— 5. (Athen., ix., p. 370. — Siiidas, 8. t. IIiiptoM.)— 6. (Lysias, De Manor, accept., p. 255. — Antiphon, De Cioieut., c. 11.— Domosth. in Mid., p. 517.) — 7. (Suidas, s. T.niiflioi'.)— 8. (Ismus.Do Apollod. hered., c. 15.— De Aristarch. lisi«d., c. 8.)— 9. (ap. Phot., Lei., p.467.— Etjrm.Maj. and Har- gocrat., s. y. ^afftaitis.)— 10. (p. 534, 3.) — 11. {Vid. Meursios, frscia Feriata, s. v. QaayflXta. — Bode, Gesch. der Lyr, Dicht- knnst der Hellen., i. , p. 173, &c., where an account is also given of the KpaUi}S viftos.) scent of the acropolis, in the Lensea ; for it should be observed that throughout Greece theatres were always built upon eminences, or on the sloping side of a hill. The new Athenian theatre was built on a very large scale, and appears to have been con- structed with great skill in regard to its acoustic and perspective arrangements, but the name of the architect is not known. It is highly probable tha' dramas were performed in this new theatre as sooi as it was practicable, and before it was completely finished, which did not take place till about B.C. 340, unless we adopt the untenable supposition that the completion of the Attic theatre at this time re- fers to a second theatre.' During this long inter- val of forty olympiads, theatres were erected in all parts of Greece and Asia Minor, although Athens was the centre of the Greek drama, and the only place which produced great master-works in this de- partment of literature. It should also be borne in mind, that theatres are mentioned in several parts of Greece where the worship of Dionysus and the drama connected with it did not exist, so that these buildings were devoted to other public exhibitions. Thus, at Athens itself, there were, in later times, be- sides the theatre in the Lenaea, two others, viz., the 'XypiiTTreiov and the km 'Vriy'iM,'^ ■Starpov, which were not destined for dramatic performances, but were only places in which the sophists held their declamations. At Sparta there was a theatre of white marble,' in which assemblies of the peo. pie were held, choral dances performed, and the like ;' for the festive joy of Dionysus and the regular drama were foreign to the Spartans. All the theatres, however, which were constructed in Greece, were probably built after the model of that of Athens, and, with slight deviations and modifi- cations, they all resembled one another in the main points, as is seen in the numerous ruins of theatres in various parts of Greece, Asia Minor, and Sicily. Some of them were of prodigious dimensions. The theatre of Epidaurus, in the grove of Asclepius, ol which considerable ruins are still extant, excellec in beauty the Roman theatres,* and in size evei that of Megalopolis, which was reckoned the largest theatre in Greece." The great number of ruins of theatres may enable us to form an idea of the par tiality of the Greeks for such magnificent buildings, and of their gigantic dimensions. The ruins of the theatre of Argos encloses a space of 450 feet in di- ameter ; the theatre of Ephesus is even 660 feet in diameter. Upon these ruins, see the works of Clarke, Dodwell, Leake, Hughes, Arundell, and th* Supplement to Stuart's Antiquities of Athens. ■The construction of the Greek theatres has been the subject of much discussion and dispute in mod- ern times, and, although all the best writers agree on the great divisions of wh'ch a theatre consisted, the details are in many cases mere matters of con- jecture. The Attic theatre was, like all the Greek theatres, placed in such a manner that the place for the spectators formed the upper or northwestern, and the stage, with all that belonged to it, the south- eastern part, and between these two parts lay the orchestra. We shall consider each of the three di- visions separately, together with its parts and sub- divisions, referring the reader to the annexed plan, which has been made from the remains of Greek theatres still extant, and from a careful examina- tion of the passages in ancient writers which de- scribe the whole or parts of a theatre, especially in Vitruvius and Pollux. 1. The place for the spectators was, in a narrow- er sense of the word, called -diarpov. The seats 1. (Paus., i., 29, I) 16.— Pint., Vit. X. Orat., p. 841, c; SKt, c.) — 2. (Paus., iii., 14, 4 1.)— 3. (Athen., iv., p. 139 | xiT., ^ 631.)— 4. (Paus., ii., 27, 4 6.)— 5. (Pans., yiii., 32, i 1.) 96-' THEATRUM. THEATRUM. SB i»r the spectators, which were in most cases cut out of the rock, consisted of rows of benches rising one above another ; the rows themselves (a) formed parts (nearly three fourths) of concentric circles, and were at intervals divided into compartments by one or more broad passages (b) running between them, and parallel with the benches. These pas- sages were called dta^/iara or KaraTo/iai, Latin fracinctiones,^ and when the concourse of people was very great in a theatre, many persons might stand in them. One side of such a passage formed towards the upper rows of benches a wall, in which, in some theatres, though perhaps not at Athens, niches were excavated, which contained metal ves- sels (vx^ta) to increase the sounds coming from the stage and orchestra.' Across the rows of benches ran stairs, by which persons might ascend from the lowest to the highest. But these stairs ran in straight lines only from one praecinctio to another, and the stairs in the next series of rows were just between the two stairs of the lower series of bench- es. By this course of the stairs the seats were di- vided into a number of compartments resembling cones from which the tops are cut off ; hence they were termed KepKiSec, and in Latin cunei. The whole of the place for the spectators {Searpov) was sometimes designated by the name koUov, Latin cavea, it being in most cases a real:exeavation of the rock. Above the highest rew of benches there rose a covered portico (c), which of course far exceeded in height the opposite buUdings by which the stage was suirojinded, and appears to have also contribr uted to increase the acoustic effect.' The entran- ces to the seats of the spectators were partly un- der ground, and led to the lowest rows of benches, while the upper rows must have been accessible from above.* 2. The orchestra {bpxv'rrp'') was a circular level space extending in front of the spectators, and somewhat below the lowest row of benches. But .t was not a complete circle, one segment of it be-i ing appropriated to the stage. The orchestra was the place for the chorus, where it performed; its ev- 1. (Vitruv., y., 3 and 7. — Bekker, Aneodot.^p. 270. — PoUui, Onom., iv., 123. -r Harpocrat. and Stlidas, 8.. v. Karorp/i^)— 2. (Vitruv., i., 1, ♦ 9 ; v., 4.— Stieglitz, Archaol. dor Baukunst, &o., ii., 1, p. 150.)— 3. (Apuieius, Met., iii., p. 49, Bip.).^. (Pollux, Pnom., IT., 123.— Athen., xiv., 623.) 96S olutions and dances,. for which purpose it was cov erved with boards. As the chorus was the element out of which the drama rose, so the orchestra was originally the most important part of a theatre : it formed the centre round which all the other parts of the building were grouped . In the centre of the cii cle of the orchestra was the &v/ie^ri, that is,, the al- tar of Dionysus (d), which was, of course, nearer to the stage than to the seats of the spectators^ the distance from which was precisely the length of a radius of the circle. In a wider sense, the orches- tra comprised the broad passages (wdpoSoc, e) on each side between the projecting wings of the stage and the seats of the spectators, through. which the chorus entered the orchestra. The chorus general- ly arranged itself in the space between the thymele and the stage. ' The thymele itself was of a square form, and was used for various purposas, according to the nature of the different plays, such as a funer- al monument, an altar, &c. It was made of boards, and surrounded on all sides' with steps. It thus stood upon a raised platform, which was sometimes occupied by the leader of the chorus, the flute-play- er, and the rhabdophori.' The flute-player, as well as the prompter (itroSoXeic, monitor), were generally placed behind the thymele,. so as to face the stage, and not to be seenby the spectators.' The orches- tra, as well as the -dearpav, lay under the open sky : a roof is nowhere mentioned. 3. The stage. Steps led from each side of the orchestra to the stage, and by them the chorus probably ascended the stage whenever it took a real part in the action itself. The back side of the stage was closed by a wall called ihe brtivti or scena, from which ott each- side a wing projected, which was called the icapaOKJiviov. The whole depth of the stage was not very great, as it only comprised a segment of the circle of the orchestra. The whole space from the scena to the orchestra was termed the -proscenium {irpqaK^viov), and was what we should call the .real stage. That part of it whicfh was nearest to the orchestra, and where the actors stood when they spoke, was the Xoyetov, also called 6/cpi6fflf or bKpi6avTec, in Latin pa/piiMm, whichwas, 1. (MiUlet, Dissert, on the Eumen. of JSschylus, p. 249. &c transl.)— 2. (Plut., Reipubl. Gerend. Prac., p 613, E,— Athen xiv., p. 631.) THEATRUM THEATRUM. cf course, raised above the orchestra, and probably on a level with the thymele. What the virooK^iov was is not clear ; some think that it was a place to which the actors withdrew when they had acted their parts, others think that it was the same as the /toviffrpo ;' but, as it is stated that the vird&Knfi^ov was adorned with statues, it seems more probable that it was the wall under the Xoyetov which faced the orchestra and the spectators. The (riciiv^ or icena was, as we have already stated, the wall which closed the stage {proscenium and hgeum) from behind. It represented a suitable background', or the locality in which the action was going on. Before the play began it was covered with a cur- tain {irapamraafia, irpoaK^vwv, avXalai, ■ Latin au- laa or siparium*). When the play began this curtain was let down, and was rolled up on a roller under- neath the stage. The proscenium and logeum were never concealed from the spectators. As regards the scenery represented on the gktivti, it was differ- ent for tragedy, comedy, and the satyric drama, and for each of these kinds of poetry the scenery must have been capable of various modifications, accord- ing to the character of each individual play; at least that this was the case with the various trage- dies, is evident from the scenes described in the tragedies still extant. In the latter, however, the background {axrivri), in most cases, represented the front of a palace with a door in the centre (i), which was called the rmjal door. This palace generally consisted of two stories (iiaTeyla?), and upon its flat roof there appears -i have been some elevated place, from which persoi.s might observe what was going on at a distance.* The palace presented on each side a projecting wing, each of which had its separate entrance. These wings generally repre- sented the habitations of guests and visiters. All the three doors must have been visible to the spec- tators.' The protagonistes always entered the stage through the middle or royal door, the deuter- agonistes and tritagonistes through those on the right and left wings. In tragedie" like the Prome- theus, the Persians, Philoctetes '-Edipus at Colonus, and others, the background d'a not represent a pal- ace. Ther6 are other pieces, again, in which the scena must have been changed in the course of the performance, as in the Eumenides of ^schylus and the Ajax of Sophocles. The dramas of Euripides required a great variety of scenery ; and if, in ad- dition to this, vye recollect that several pieces were played in one day, it is manifest that the mechani- cal parts of stage performance, at least in the days of Euripides, must have been brought to great per- fection. The scena in the satyric drama appears to have always represented a woody district, with hills and grottoes ; in comedy the scena represented, at least in later times, the fronts of private dwellings or the habitations of slaves.' The art of scene- painting must have been applied long before the time of Sophocles, although Aristotle' ascribes its introduction to him. (Yid. Painting, p. 707.) The machines in the Greek theatres were ex- tremely numerous, but we are in many cases un- able to form an exact idea of their nature and their effects. We shall only mention the most important among them. 1. The irepioKToc (m) stood near the two 'side entrances of the scena; their form was that of a prisma, and by a single turn they produced a charge in the scenery.' 2. The Xapavwi Ki.i/ia- ut, or the Charonian steps, by which the shades ascended from the lower world upon the stage.' 3. ■ 1'. (Suidas, s. t. S(n;v«.) — 2. (Elymol. Mag., s. v. AiAiil — Athei. xiii., p. 587.— Pollux, Onora., iv., 122.)— 3. (Id. ib., W., 120)-^ (Earip.. Phoemss., 88, &c.) — 5. (VitniT., v., 7.)— 6. fid T 8 \ l.--Pollui, Onom., iv., 125.)— 7. (Poet., ir., 16.)— B. (Vitruv., v., 7.— PoUui, Onom., iv., 126.)— 9. (Id., iv., 132.) The ittixav^, Kpdi^, or k6attpa, a machine by whlct gods or heroes were represented passing through OJ floating in the air ; hence the proverb, Deus ex mar china.^ 4. The i^oarpa Or cKic&KTiTiiia'. ( Yid. Eios- TRA.) 6. The iJfo/loyetop, an especial elevated place above the scena for the Olympian gods when they had to appear in their full majesty." 6. The ppov- fcidp, a machine for iniitating thunder. It appears to have been placed underneath the stage, and to have consisted of large brazen vessels in which stones were rolled.' Respecting several otbeir ma- chines of less importance, see Pollux, iv. , irepi fiipu* ■Bcarpov. It is impossible to enter here upon the differerv ces which are presented by many ruins of theatre* still extant, from the description we have given above. It is only necessary to mention, that in the theatres of the great cities of the Macedonian time, the space between the thymele and the logeum was converted into a lower stage, upon which mimes, musicians, and dancers played, while the ancient stage (proscenium and logeum) remained destined, as before, for the actors in the regular drama. Thia lower stage was sometimes called thyasia or or- chestra.* The Romans must have become acquainted with the theatres of the Italian Greeks at an early period, whence they erected their own theatres in similar positions upon the sides of hills. This is still clear from the ruins of very ancient theatres at Tusculuia and Fsesulae.' The Romans themselves, however, did not possess a regular stone theatre until a very late period, and, although dramatic representations were very popular in earlier times, it appears that a wooden stage was erected when necessary, and was afterward pulled down again, and the plays of Plautus and Terence were performed on such tem- porary scaffoldings. In the mean while many of , the neighbouring towns of Rome had their stone theatres, as the introduction of Greek customs and manners was less strongly opposed in them than in the city of Rome itself Wooden theatres, adorned with the most profuse magnificence, were erected at Rome even during the last period of the Republic. The first attempt to build a stone theatre was made a short time before the consulship of P. Cornelius Scipio Nasica. It was sanctioned by the censors, and was advancing towards completion, when Scip- io, in 155 B.C., persuaded the senate to command the building, to be pulled down, as injurious to public morality.' Respecting the magnificent wooden the- atre which M. ./Emilius Scaurus built in his asdile- ship, 88 B.C., see Pliny.' Its scena consisted of three stories, and the lowest of them was made of white marble, the middle one Of glass, and the upper one of gilt wood. The cavea contained 80,000 spectators." In 55 B.C., Cn. Pompey built the first stone theatre at Rome, near the Campus Martins. It was of great beauty, and is said to have been built after the model of that of Mytilene : it contain- ed 40,000 spectators.' C. Curio built, in 50 B C, two magnificent wooden theatres close by one another, which might be changed into one amphitheatre." After the time of Pompey, however, other stone theatres were erected, as the theatre of Marcellus, which was built by Augustus, and called after his nephew Marcellus ;" and that of Balbus,'' whence Suetonius'^ uses the expression per trina theatra. BG 1. (PoUui, iv., 126, 128, 131. — Suidas.s. v. 'EcSmj/jii'. — He- sych., s. V. K()(S57;.)r-2.' (PoUul, Onom., iV., l-30..^P-hot., Lex., p. 597.)— 3. (Pollux, Onom., iv., 130. — Snidas, s. v. Bfjoi/r^.— Vitruv., v., 7.)— 4. (Mfil'.er, Hist, of Greek Lit., i:, p. 299.)— 5. (Niebuhr, Hist, of Rome, iii., p. 364, &c,) — 6. (Liv., Epit., 48.) — 7. (II. N., xixvi., 24, « 7.) — &. (Comp. Plin., H. N., ixxiv., 17.) — 9. (Plin., H. N., ixrvi., 24, 4 7. — Compare Drumann, Gesch.^Rom's, IV., p. SCO, &c.)— 10. (Plin,, H. N., xxxvi., 24, 4 8.)— II. (Dion Cass., lliii., 49.— Plin., H. N., xxxvi., 12.)— 1$ (Plin., 1. c.)— 13. (Octav., 44.) THEATRUM. THEATRUM. The construction of a Roman theatre resembled, on the whole, that of a Greek one. The principal differesces are, that the seats of the spectators, which rose in the form of an amphitheatre around the orchestra, did not form more than a semi- circle ; and that tlie whole of the orchestra likewise formed only a semicircle, the diameter of which formed the front line of the stage. The Roman or- chestra contained no thymele, and was not destined or a chorus, but contained the seats for senators and other distinguished persons, such as foreign ambassadors, which are called "primus subselliorum ordo." In the year 68 B.C., the tribune L. Roscius Otho carried a law which regulated the places in the theatre to be occupied by the different classes of Roman citizens : it enacted that fourteen ordines of benches were to be assigned as seats to the equi- tes.' Hence these quatuordecim ordines are some- times mentioned, without any farther addition, as the honorary seats of the equites. They were undoubt- edly close behind the seats of the senators and ma- gistrates, and thus consisted of the rows of benches immciiately behind the orchestra. Velleius' and Cicero' speak of this law in a manner to lead us te infer that it only restored to the equites a right which they had possessed before. Another part of this law was, that spendthrifts, and persons reduced in their circumstances (decoctores), whether through their own fault or not, and whether they belonged to the senatorian or equestrian order, should no longer occupy the seats assigned to their order, but occupy a separate place set apart for them.' In the reign of Augustus the senate made a decree, that foreign ambassadors should no longer enjoy the privilege mentioned above, as it sometimes hap- pened that freedmen were sent to Rome as ambas sadors. The soldiers also were separated from tbo people by the same decree : the same was the case with women, prsetextati and peedagogi.* This sep^ aration consisted probably in one or more cunei being assigned to a particular class of persons. The following woodcut contains a probable representa- tion of the plan of a Roman theatre. For a fuller account of the construction of Greek nnd Roman theatres, see the commentators on Vi- truvius,' J. Chr. Genelli, Das Theater zu Alhen, kin- siehtlich auf Architectur, Scenerie und Darstellungs Kunst uberhaupt, Berlin, 1818, 8vo. ^G. C. W. Schneider, Das AUische Theaterwesen, zum bessern Yerstehen der Griech. Drarriatiker. — Stieglitz, Archa- ologie der Baukunst der Griech. u. Rimer, i\., I. — G. Ferrara, Storia e descrip. de' princip. teairi ant. e moderni, Milano, 1830. — The supplement to Stuart's Antiq of Athens. A general outline is also given by Miiller, Hist, of Gr. Lit., l, p. 299, &c. ; and by Bode, Gesch. der dramal. Dichtkunst d. Hellen., i., p. 156, &c. It remains to speak of a few points respecting the attendance in the Greek theatres. Theatrical rep- resentations at Athens began early in the morning, or after breakfast ;' and when the concourse of people was expected to be great, persons would even go to occupy their seats in the night. The sun could not be very troublesome to the actors, as they were, in a great measure, protected by the buildings surrounding the stage, and the spectators protected themselves against it by hats with broad brims.* When the weather was fine, especially at the Dionysiac festivals in spring, the people appear- 1. (Liv, Epit., 99. — Ascon. ad Gomel., p. 78, ed. OrcU.) — 2. OL c.)— 3. (.^schin., c. Ctesiph., p. 466.— Atheu., xi., v. 464.)— i (Sojdaa, B. V. Hirat^s and ^adKblv,) 970 ed with garlands on their heads ; when it was cold, as at the Lenaea in January, they used to wrap themselves up in their cloaks.' When a storm or a shower of rain came on suddenly, the spectators took refuge in the porticoes behind the stage, or in those above the uppermost row of benches. Those who wished to sit comfortably brought cushions with them.' As it was not unusual for the theatri- cal performances to last from ten to twelve hours, the spectators required refreshments, and we find that in the intervals between the several plays they used to take wine and cakes.' The whole of the cavea in the Attic theatre must have contained about 50,000 spectators. The places for generals, the archons, priests, foreign ambassa- dors, and other distinguished persons, were in the lowest rows of benches, and nearest to the orches- tra,' and they appear to have been sometimet covered with a sort of canopy.' The rows of benches above these were occupied by the senate of 600, those next in succession by the ephetii; and the rest by the people of Athens. But it would seem that they did not sit indiscriminately, but that the better places were let at a higher price than the 1. {ii.,32.)— 2. (Pro Muren., 19.)— 3. (Cic, Philipp., ii., 18.) 4. (Suet., Oct., 44.)— 5. (Suidas, 1. c.)— C. (Msch., c. CteBiph^ 1. c.— Theophr., Clw., 2 ) — 7. (Athen., xi., p. 464. — Ariitot ; Eth. Nicom.,!., S.I— 8. (Polliii, Onom., iv., 121 ; viii., 13S - Schol. td Ai-istopb , Eqttit., 672.)— 9 (.Ssobin., 1. c.) THELYPHONON. THENS^. atheis, and that no one had a right to ake a place (or which he had not paid.' The question whether in Greece, and more especially at Athens, women were present at the performance of tragedies, is one of those which have given rise to much discussion among modern scholars, as we have scarcely any passage in ancient writers in which the presence of women is stated as a positive iact. But Jacobs' and Passow^ have placed it almost beyond doubt, from the various allusions made by ancient writers, that women were allowed to be present during the performance of tragedies. This opinion is no w per- fectly confirmed by a passage in Athenaeus,* which has been quoted by Becker' in corroboration of the conclusion to which the above-mentioned writers had come. In this passage we find that at Athens, and at the time of the Peloponnesian war, the spec- tators in the theatre consisted of men and women. We have, however, on the other hand, every reason to believe that women were not present at come- dies, while boys might be present both at tragedy and comedy.' The seats which women occupied in the Greek theatres appear to have been separated from those of the men.' For the purpose of maintaining order and pre- venting excesses, the ancients had a sort of theatre- police ; the persons who held this office were called in Greece ^a6do(p6poi or f)a6dovxoij and at Rome PrtKcones.^ Respecting the attendance at the Greek theatres and the conduct of the people, see a very good dis- sertation of Becker, in his Charikles." . *THEBA'IGUS LAPIS(e)76at/cof;iieof), a species of Porphyry, according to the more correct opinion, and not a kind of marble, as has been supposed by many writers. It was of a red colour, and was also called Pyropacilus.^" ♦THEION (.^eiov), Sulphur. " Pliny and Isido- rus," says Adams, " describe four kinds of sulphur. - The uTTvpov of Dioscorides, or the Sulphur vivum of the Latins, is native sulphur. The Sulphur ignem expertum (to Treirvpuntvov) is sulphur which has been subjected to the action of fire." "Sulphur (■ielmi) was applied by the ancients," observes Dr. Moore, " to various uses in medicine and other arts. For the use of the physician was required translu- cent native sulphur, which the Greeks called liirv- pov. That which had been freed from impurities by an artificial process, which had passed the fire, was called veTwpa/isvnv, and distinguished into va- rious kinds, appropriated to various uses, according, probably, to their several degrees of purity. Thus, one kind was used for fumigating woollens, to ren- der them whiter and softer; another for making matches : purposes to which sulphur yet continues to be applied. The employment of it in expiation and lustration, which was very common, we find referred to by many ancient authors."" THE'CAI i^ijKai). (Vid. Funus, p. 457.) *THELYCRANEI'A {^v^vKpavela), the Cornus languinea, or Dogberry." ♦THELYPT'ERIS (i>i7;it)jrrfpic), a plant. Stack- house holds the ^jjlvKTepig of Theophrastus to be the Acrostichum Thelypteris. Sprengel makes the 'STihiirTepic of Dioscorides to be the Asplenium filix femina, Bernh. {Polypodium, L.)." *T H E L Y P H ON N {■&ti?.v.) — 4. (Plut., Pelop., p. 280.— Xeii., Hell., v., 2, « 29.)-5. (Steph Syz., s. V. MiX»;ros.— DiDg. Laert., ix., ^ 43.)— 6. (Athen., xiv.; p. 647.)— 7. (Plati.,.l}UKSt. Giv, p.298, B.,&c.)— 8. (Athen.,'iii. p, 109.)— 9. (Stiab., xiv., p.633.,— Herpd., vi., 16.)— 10. (Pol, van., v., 1, 1.)— II. (Meursiiis, G^rsec. F^r., s. v. Bca^to^dpia.— VVellauer, De .Thesmoph., Wratislav., 1820, 8to. — Creuzer Symbol., 'iv., p. 440, &c.— Freller, in Zimnierrnann's Zeitschrift, 1835, n. 98 ; and in general, Wachsmiith, Hellen. Alt., ii.. 2, p. 248( &o.)^12. (Photius, s. t.)— 13. (PoUox, Onom., iii., 32.)— 14. (Od., iv„ 644.; iviii., 356.).^15. (Wachsmuth, ib. I„ i., 235. 255, 382.— Schdinann, Ant., Jur. Pub. Or.-, 70 J THETES THORIA LEX. tant laatt^rs determined, though tne business of the assembly was placed under the control of the senate of E'our Hundred, and could not be held without its authority. Another important privilege conferred on the lowest class was the right of sitting as dicasts in the heliastic court, for which no farther qualifi- cation was requisite than that the party should be thirty years of age, and possessed of his full legal franchise. (Yid. Dicastes.) Before the time of Solon, all judicial power was vested in the superior magistrates. He first gave an appeal from their decisions to a court composed of a large number of citizens, which in process of time became the regular tribunal for the hearing of all civil causes, the superintendence or direction thereof (ijytiiovia dmaarripiov) being alone reserved to the magistrate. Such was the political condition of the lower class- es at Athens as established by Solon. After his lime a variety of causes operated to increase, the power of the lower classes. Among these we may reckon, first, the reforms introduced by Clisthenes, who created the irjiiot, altered the tribes, subdivi- led the heliastic court, broke the old aristocratical connexions, and increased the number of citizens by enfranchising aliens and slaves. Secondly, the Persian war caused the downfall of many wealthy families, who lost their possessions by the capture and sacking of the city ; whereas the lower order of people, who served in the fleet, became elevated by their success, and rose in estimation by the val- ue of the services they had rendered. This led to a measure which is said to have been passed by Aristides, which enabled the poorest citizen to as- pire to the highest honours of the state ; after which, all distinction of classes was gradually abol- islied ; though a certain fortune appears to have been still requisite for the office of archon, if the question asked at the examination previous to his admission, d to riftJi/ia avrtj eariv, had not become a more forni.' Trade and commerce increased the number of operative citizens, brought large crowds of seamen and idlers into the Piraeus and the city, who turned their attention to the public assemblies, where their numbers gave them a preponderance in the suffrage. The attendance of the poorer peo- ple in the ecclesia was still farther encouraged by a law which was introduced by Callistratus after, the time of Pericles, by which every person who attended received a certain fee, first an obol, and afterward raised to three obols, called /uadoc ix- K/li^ffioffri/tof,' The remuneration given to the di- casts (an obol by the law of Pericles, but raised to three obols by Oleon) had the same effect as the assembly fee. The whole pr>wer of the state, judi- cial and administrative, which already resided in the multitude in theory, soon came to be. exercised by them in practice, when (besides their natural love of iK)wer) they were stimulated to take upon themselves the performance of these duties by the prospect of immediate reward. The establishment of the theoric fund (ujd. Theokica) was another measure of democratic tendency, as it helped to maintain the idle poor at the public expense, and enabled them to interfere in state business. That the authority of the court of Areopagus, as weU as that of the senate of Five Hundred, should be di- minished, was the natural consequence of the meas- ures' and changes above mentioned. To trace Jhe events, political and moral, which ensued from the democratic movements of the Athenians, belongs, to history.^ ' ■' 1 (Pollux, Onom., yiii., 66.)— 2. (Backh, Staatsh. P-'<:t uwo Tov i^eeiv, ?} airb Tov kvdovat^v ' to dtipoi^ofievov irX^dof imTslei Kal Ti/iy Seov.' Compare Dionysia, ,p, 363.) The word appears to be derived from mo;, the Doric for iJcof. Each member of a diaaog was called -AiaaoiTjit. In the democratic states of Greece there were religious associations called -diaaot., who clubbed together, kept a common fund, purchased land, &c., for religious purposes.' .{Vid. Eranos.) THO'LOS (.i?6/lof, and ^, also called a/ctuf) is a name which was given to any round building which terminated at the top in a point, whatever might be the purpose for which it was used.* At Athens the name was in particular applied to the new round Prytaneum near the senate-house, which should not be confounded with the old Prytaneum at the foot of the. Acropolis.' It was therefore the place in which the prytanes took their common meals and offered their sacrifices. It was adorned with some small silver statues,' and near it stood the ten statues of the Attic kiravvjioi. ( Vid. Epony- Moi, Prytaneion.) Other Greek cities had likewise their public i>6 TiOL : thus we find that Polycletus built one of white marble at Epidaurus, the inside of which was adorn- ed with paintings by Pausias. It was originally surrounded by columns, of which in the days of Pausanias six only were standing, and upon these were inscribed the names of such persons as had been cured of some disease by Asclepius, together with the name of the disease itself, and the manner in which they had obtained their recovery.' THORAX. ( Vid. LoKiOA.) THO'RIA LEX. This agraria lex is the subject of a very elaborate essay by Rudorff, " Das Acker- gesetz des Spurius Thprius, Zeitschrift, vol. x." This lex was engraved on the back part of tie same bronze tablet which contained the Servilia lex Judiciaria, and on Repetundae. The tablet was broken at some unknown time, and the lower, which was perhaps the largest part, is now lost. Seven fragments of the upper part were preserved, which, as the tablet is written on both sides, make four- teen inscriptions, which were published by Fulvius Ursinus : the first five of the inscriptions, as they are numbered by him, belong to the lex Thoria, and the last seven to the lex Servilia., The largest and most important of the fragments are now in the Museo Borbonico. Their history is traced and their present condition described by Rudorff with great minuteness. Twp of the fragments were copied by Sigonius when they were in the Museum of ,Cardinal Bembo ; and the copy of the two frag- ments of the lex Thoria, and also the copy of the two fragments of the lex: Servilia, are printed in the work of Sigonius, , Be Antiquo Jure Populi Romani, Libri Undecim, Bononiae, 1574. The title of this lex does not appear from the mutilated inscription, but Rudorff show? that the lex belongs to the period between the consulship of P. Cornelius SoipioNasica and L. Calpurnius Pjso Bestia, B.C. Ill, and that of L. Julius Caesar, B.C. 90, within which space of twenty-two years five agrarian laws were enacted, Boria, Thoria, Marcia, Apnleia, and Titia. It farther appears, from com 1. (1. c.)-2. (Suidas,Harpncr.,andHesych.,a.v.)— 3. (BSddi, Staatsh,, &o., i., 264.— So vimann, Ant. Jar. Publ. Or., 305 ) — ( (Hpsych. and Suidas, s. t ,eciAns. — Horn., Od., xxii,, 448, 459, 466.)— 5. (Pans., i., 5, 6 1 ; 18, « 13.) — 8. (Pollux, Onom., vii:, 155.— Demosth., De Fa3s Leg., p. 419.)— T. (Pans., ii., 17, V3.I 9Tr THOS THRONUS "aring two passages of Cicero,' in ■which he speaks of the lex Thoria, with the fragments of this lex whose title is lost, that the fragments are those of the lex Thoria. Now the date of the lex Thoria is fixed by Rudorffat the year of the city 643, or B.C. Ill, which is, consequently, the date of the lex on the bronze tablet, thus identified with the lex Tho- ria. Proceeding on the assumption that the frag- mentary lex was the plebiscitum called the lex Thoria, Sigonius restored the beginning of it ac- cording to the usual form of Roman plebiscita : Sp. Thorivs . . . F. Tr. PI. Plebem ivre rog. Plebesque ivre scivit Tribvs .... Principvm fvit pro tribv Q. Fabivs. Q. F. primvs scivit. The history of this inscription is curious. It was not cut on the rough hack of the bronze tablet till after the other side, which is smooth, had been oc- cupied by the Servilia lex. The Servilia lex is cer- tainly not of earlier date than the year of the city 648, or B.C. 106, and, consequently, the Thoria could not have been cut on this tablet before the year 648. It seems that the tablet was large enough for the lex Servilia, for which it was intended, but much too small for the agrarian law : " consequently, the characters of the agrarian side of the tablet are re- markably small, the lines narrow, the abbreviations numerous, and the chapters only separated by two or three points, whereas on the other side the let- ters are uniform, large, and well made, the lines wide, the words written at full length, and the chap- ters of the lex separated by superscriptions. Far- ther, the lines (of the Agraria lex) are often so ob- lique that they cross the straight lines on the oppo- site side, which are cut very deep, and, consequent- ly, are visible on the side on which the agrarian lex is cut." (Rudorff) The subject-matter of this lex cannot be stated without entering into detail : the whole is examined by Rudorff with great care. The main subject of the lex, to which the first eighteen chapters or forty- three lines refer, is the public land in Italy as far as the rivers Rubico and Macra. The second part of the lex begins with the nineteenth chapter and the forty-fourth line, and extends to the fiftieth chapter and the ninety-sixth line : this part of the lex re- lates to the public and private land in the province of Africa. The third and last part of the lex, from the fiftieth chapter and the ninety-sixth line to the end of the inscription, relates to the Roman public land in the territory of Corinth. Rudorff concludes that the lex applied to other land also, and for two reasons. First, the Roman agrarian laws of the seventh century of the city related to all the provinces of the Empire, of which we have an example in the case of the lex Servilia of Rullus. Secondly, the fragment of the lex Tho- ria which is preserved is so broad compared with the height, that we may conclude that the complete tablet contained three times as much as it does now ; for nearly all the bronze tablets on which Ro- man laws are cut are of an oblong form, with the height much greater than their width. Of the two thirds of the tablet which it is concluded have been lost, not a trace has yet been discovered. The essay of Rudorff contains a copy of the in- scription, with his restoration of the passages that are defaced. The value of this attempt can only be estimated by an investigation as complete as that of the author. *THOS (iJuf). "Hardouin," remarks Adams, " upon the authority of Bochart and others, holds the improbable opinion that the Thos was the Papio or Baboon. Buffon concludes, with greater prob- ability, that it was the Cams aureus, L. ; he main- tains, however, that it is not the same as the Lupus cervarius, although generally held to be so. The Lupus cervarius is, as he remarks, the same as the Chaus of Pliny, which is our lynx or stng-wolf, no character of which agrees with the Thos.'"- THRANI'TAI (iJpovfroj). {Vtd. Ships, p. 893.) THRACES. (Vid. Gladiatokes, p. 477.) *THRAUPIS {■&pavmc;), the name of a bird men- tioned by Aristotle, and the same, probably, with the Goldfinch, or Fringilla carduelis." *THRAU'PALUS {^patma^of), a plant, eithei the Viburnum lantana, Mealy Guelder-rose or Way- faring-tree according to Sprengel, or the Viburnum opulus, common Guelder-rose or Water-elder ac- cording to Stackhouse." ♦THRIDAX, the Lettuce. (Fid. Lactuca.) *THRIDACTNE. (Vid. Laotuca.) *THR1SSA (^piaaa), a species offish, the Clupea alosa, or Shad. Ausonius states that in his time it was used only by the lower ranks for food.* THRONUS, the Greek iJpovof, for which the proper Latin term is solium, a Throne. This did not differ from a chair (Kcffedpa) (vid. Cathedra, Sella) except in being higher, larger, and in all re- spects more magnificent.' On account of its eleva- tion, it was always necessarily accompanied by a footstool {suhsellium, vtcotcoSlov, Att. ■^pdviov. Ion. iSp^vuf'). Besides a variety of ornaments, espe- cially nails or studs of silver, bestowed upon the throne itself, it was often covered with beautiful and splendid drapery.' (Yid. Tapes.) The accompa- nying woodcut shows two gilded thrones, will- cushions and drapery, represented on paintings found at Resina.' These were intended to be the thrones of Mars and Venus, which is expressed by the helmet on the one and the dove on the other. All the greater gods were sometimes represented as enthroned, especially Jupiter, Juno, Mars, Venus, Minerva, Diana, Ceres, Cybele, Neptune, jEscula- pius, and Apollo. This was in imitation of the practice adopted by mortals, and more particularly in Asia, as in the case of Xerxes' and of the Par- thians." When the sitting statue of the god was colossal, the throne was, of course, great in propor- tion, and consequently presented a very eligible field for the display of sculpture and painting. As early as the sixth century before Christ, Bathycles of Magnesia thus decorated the throne of the Amy clsean Apollo. Instead of legs, it was sustained both before and behind by four statues, representing two Graces and two Hours. It was elevated upon a basement (ISdBpov). Being of the size of a con- siderable temple, and open all round so that persons might walk under it, it was covered with bas-re- liefs both outside and inside. Not less than fifty oi sixty mythological subjects were thus displayed in separate compartments, besides many distinct fig- 1 . (De Oi'., ii "0 and Brutus 078 1. (Hardouin ad Plin., yiii., 52.— Aristot., H. A., ii., 12.— Id ib., vi., 29. — Adams, Append., s. v.)— 2. (Aristot., H. A., viii S.)— 3. (Theophrast., it. P., iii., 6.— Id. ib,, iv., 1.— Adams, Ap pend;, s. v.) — 4. (Aristot., H. A., ix., 32. — .Elian, N. A., vi.,32 -Adams; Append., s. V.)— 5. (Athen., v., p. 192, e.)— 6. (Horn, n.xiv., 240,— Od.. i., 131.— Ib., X., 315.)— 7. (Horn., Od., ix 150.)— 8. (Ant. d'Brool., i,, tav. 29.)— 9. (Philostr , Imaj , r 31 )— 10. (Claud, in iv. Cofi 'lonor., 214,) THYMALLUS. fHYNNUS. ties placed about it.' The throne of the Olympian lupiter, the woik of Phidias and Panainus, was constructed and ornamented in a similar manner, but was closed instead of being open all rohnd, and consisted of the most valuable materials, viz., ivo- 'y, ebony, gold, and precious stones.' As a chair for common use was sometimes made to hold two persons,' and a throne shared by two potentates {(Si'dpov*), so two divinities were sometimes sup- posed to occupy the same throne." Besides those belonging to the statues of the gods, the thrones of monarchs were sometimes deposited in the tem- ples as DONARIA.' The following woodcut, taken from a fictile vase in the Museo Borbonico at Naples, represents Juno seated on a splendid throne, which is elevated, like those already described, on a basement. She holds in her left hand a sceptre, and in her right the apple, which Mercury is about to convey to Paris with a view to the celebrated contest for beauty on Mount Ida. Mercury is distinguished by his Tala- EiA, his Caduceus, and his petasus thrown behind his back and hanging by its string. On the right side of the throne is the representation of a tigress or panther. The elevated seat used by a schoolmaster was called his throne.' *THUS. (Vid. LiBANOTirs.) *THYA (ijtio, iJrn'a, ■9veta), a species of tree, the timber of which was fragrant. " Botanical authorities agree in referring it to the Arbor mice ; that is, either to the Thya aphylla according to Stackhouse, or the Thya articulata according to Sprengel. Most probably it is the ■&iov of Homer."' ♦THYI'TES LAPIS. "Galen," says Adams, " describes the Thyites of Dioscorides as b^jng of a greenish colour, like jasper. It would appear that it was a variety of turquoise, but not the kind in com- mon use. It is the callais of Pliny, and hence the turquoise is called by Fisher and Jameson callaite.'" •THYMALLUS {■&vjiallo(), a species offish, the Salmo Thymallus, L., called in English the Grayling sr Umber. " The Umbra of Ausonius would ap- lear to have been a variety of it. Artedi makes the Sty/aX^f to have been a species of Coregenus ; but the learned writer of the article on Ichthyology in 4he Encyclopedie Methodique, and Schneider, in his commentary on .iElian, rank it as a species of Salm- on. Daniell says that the name Thymallus is given to this fish on account of an imaginary scent pro- ceeding from it, resembling thyme, and that it is I. (Paus., iii., 18, t 6-19, « 4.— Heyne, Ant. AnfcStze, i., p. 1- 114.)— 2. (Paus., v., 11, 4 a-4.)— 3. (Horn., II., iii., 424.— Od., zvii.,330.) — 4. (Dorisap.Athen.,i.,p.l7,/.)— 5. (Pans., viii., 37, « 2.)— 6. (Paus., ii., 19, M; v., 12, « 3.)— 7. (Bruiick, Anal.,ii., 417.)— 8. (Theophrast., H. P., i.,9.— U. ib., iii., 4.)— 9. (Dios- ron, v., 154. — Pliu., H. N., xxKvii., 6B. — Adams, Append., s. v.) more appropriately called Umbra, iroia its being so swill in summer as to disappeai like a passing shadow."- *THYMBRA {^v/i6pa), a plant. "Stackhouse seems to be the only authority who refers it to the Thymbra capitata ; all the others are satisfied that it is the Satureia Thymbra, or Savory. Aristophanes alludes to the use of savory as a condiment.'" *THYMEL^A {^viieKaia). "Modern botanists," says Adams, " by a frequent change of names, have occasioned some difficulty in determining accurate- ly to which gisnus and species the -Sviie/Mta is to be referred. It was most probably the Daphne Cnidium, or Flax-leaved Daphne. Botanists call this tribe of plants ThymeleiB. The fruit of the ■dvpieXala is usually named kokko; Kvtdtog."' THYM'ELE (-^v/iav).' (Vid. Theatrdm, p. 968. ♦Thymus {-iH/ioc), the Thymus vulgaris, or Com mon Garden Thyme, according to most authorities Matthiolus alone suggests that it is the Thymus Creticus, which is the Satureia capitata, L.* *THYNNUS i^vvvog), a fish, the Scomber Thyn- nus, L., Spanish Mackerel, Albicore, or Tunny-fish. According to Coray, its French name is Thorr " The tunny is one of the largest sea fishes. Aris totle speaks of an old individual which weighed fif teen talents, or twelve hundred pounds, and which measured two cubits and a palm from one point to another of the caudal fin. This measure, too, is a correction Of Gaza's in his first editions, and after Pliny. The majority of the manuscripts of Aris totle say five cubits, and Hardouin, always prone to paradox, believed that it was Pliny who ought to have been corrected. Five cubits for this part would give a length of at least twenty or twenty- two feet for the entire fish. The fishery of the tunny dates from the highest antiquity. Euthyde- mus even attributes some verses to Hesiod, in which he describes the trade and exportation of it. Bui Athenaeus, who quotes them, proves, at the same time, that they must of necessity have been the production of a much later poet. It was more es pecially at the two extremities of the Mediterrane. an, at the places where this sea contracts its chan- nel, and where the migratory fishes are forced to come more closely in contact with each other, thai the largest tunny-fisheries took place. In the East, the Black Sea presented these fish with an abundanl degree of aliment, in consequence of the number o( rivers which run into it. They repaired thither iv crowds in the spring-time for the purpose of spawn- ing, and Aristotle even believed that they did nol multiply elsewhere. They remained there during the summer, and it was on their passage to the Bosporus that such rich captures were made of them. According to the Very detailed account of ■Strabo, their reproduction took place in the Palua Maebtis: They followed the coast of Asia Minor, anil the.first were taken at Trebizonde and Pharna- cia ; but' they were then but small. At Sinope they had already attained a size large enough for salting ; and that town, built upon an isthmus, and admira- bly situated for this fishery, derived immense profit? from it. But it was more especially the city of Byzantium that was enriched by this fish. Tlir shoals of them that entered into the Bosporus, negi Chalcedon, met with a white rock which terrified them, and induced them to turn on the side of By- zantium, and to enter into the bay which now forms the port of Constantinople.' This prodigious quan- tity of fish still arrives at Constantinople at the present da y, as in the time of the anc ients. Gylliua 1. (.^lian, N. A., xiv., 22.— Id. ib., xii., 49.— Daniell, Rurtf Sports, vol. ii., p. 246,)— 2. (Theophrast., C. >='., iv., 3.— Dia cor., iii., 39.— Aristoph., Nub., 1. 450. — Adams, Append., s. v.J— 3. (Dioscor.. iv., 170.— Paul. JEgin., yi\:; J.— Adams, Apfend s. V.)— 4. (Theoph-ist., H. P., iv !.— Dioscor., iii., 38.) 979 THYRSUS TIARA. (peaks of them in terms well calculated to excite astonishment. The tunny-fishery was still more ancient in the West. The Phoenicians hacT estab- lished it very early on the coasts of Spain, and orosecuted it with great activity,, both without and ^'ithin the columns of Hercules. Accordingly, we ind the tunny appear on the Phoenician medals of Cadiz and Carteia. From that period this species of industry was extended and perpetuated along these coasts. The salted preparations of fish of Spain, as wejl as of Sardinia, were considered in the time of the Romans as much more tender and af a more agreeable flavour than those of Byzanti- um. These prBparations, too, sold at a higher price. Their savoury quality was attributed to the quantity of acorns which fell from a small species of oak very common on these coasts ; and the people were led to believe that it was at the bottom of the sea Itself that the oaks grpw which produced these acorns, but which, in aU probability, are nothing but fucus. The tunnies which removed farther towards the Straits of Gibraltar became moire and more thin, because they no longer/found this sort of aliment. Strabo, in his Geography, carefully marks the places where men were stationed to give notice of the arri- val of these fish, in the very same manner as is done in our own times. These stations were called i^v- oaKOTccta, ' look-out places for . tunnies.' The fish- ery was carried on very nearly in the same way as in our days. The description given us by jElian of that which took place along the coasts of the Eux- ine entirely resembles what is reported by Duhamel jf the tunny-fishery as practised at CoUioure. Par- ticular names were given to the tunnies of different dges. The Scordyia, or, as it was called at Byzan- tium, Auxis, was the young tunny, when it first is- sued from the Euxine Sea in autumn. The Pcla- mys was the tunny in a more advanced age, when it returned to that sea in the spring. The very large tunnies bore the name of Orycni, and there were some so gigantic as to have been ranged among the cetacea. These large orycni, according to Dorion in Athenasus, were considered to come from the ocean. This was the reason why there were more of them near the coasts of Spain and in the Tuscan Sea, and it was supposed that they did not return into the more Eastern seas. In modern times, the tunny-fishery, without having diminished in product, is almost concentrated in the interior of the Mediterranean. It is no longer carriedon upon a grand scale at ponstantinople, nor on the Blaclt Sea, since the establishment of the Turks in those fine countries. The fisheries on the coast of Spain, without the Straits, were supported for a longer time. Those of Conil, near Cadiz, and of the cas- tle of Sara, near Cape Spartel, were particularly celebrated, and produced great revenues to the Dukes of Medina and Sidonia,. their privileged pro- prietors. More than five hundred men were em- ployed in them ; but they are now fallen into decay, partly through bad management, and partly, as is said, because the earthquake, which destroyed Lis- bon in 1755, has changed the nature of the coast, and determined the tunnies to seek in preference the shores of Africa. At the present day, it is in Catalonia, in Provence, in Sicily, Sardinia, and Li- guria, that this fishery is most actively carried on, and yields the most abundant results."' THYRSUS (iJi!/)(T0f), a pole carried by Bacchus, and by Satyrs, Maenades, and others who engaged in Bacchic festivities and rites.' (Yid. Dionysia, p. 363.) It was sometimes terminated by the apple of the pine or fir-cone (/cuvo^dpof'), that tree (irevKri) being dedicated to Bacchus in consequence of the use of the turpentine which flowed from it, and alsr of its' cones in making wine.' The monuments ol ancient art, however, most commonly exhibit, in- stead of the pineapple, a bunch of vine or ivy leaves," with girapes or berries, arranged into the form of a cone, the annexed woodcut, taken from a niarl-l« ornament,' shows the head of a thyrsus compose d of the leaves and berries of the ivy, and surroundija by acanthus-leaves. Very frequently, also, a white fillet was tied to the pole just below the head, in the manner represented in the woodcut on p. 96, where each of the figures holds a thyrsus in hei hand. See also the woodcut to Funambulus.* (Vid. Instita.) The fabulous history of Bacchus re- lates that he converted the thyrsi carried by himself and his followers into dangerous weapons, by con- cealing an iron point in the head of leaves.' Hence his thyrsus is calle(l "a spear enveloped in vino- leaves,"" and its point was thought to ncito to madness.' TIA'RA or TIA'RAS {napa or napa;, Alt. xvo- Baaia"), a hat with a large high crown. This was the headdress which characterized the northwest- ern Asiatics, and more especially tixe Arnienians,' the Parthians, and the Persians," as distinguished from the Greeks and Romans, whose hats fitted tt.« 1. (Griffith's Cuvier, vol. x., p. 335, &c.) — 2. (Athenj,-xiv., p. 531, a.— Veil. Paterc, ii., 63.)— 3. (Brunck. ADal., i., 421.) 980 1. (Walpole's Memoirs, Tbl. i'., p. 235.)— 2. (Ond, Met., xi., 27, 28.— Proper?., iii., ,3, ;35.)— 3. (Mon. Matth., ii., Ub. 86.)— 4. (Statins, Thcb., vii., 654,)— 5. (Diod. Sic, iii., 64.— Id., ii., 4.-,-Maorob., Sat., i., 19.)— 6.~(0y«d, Met., iii., 667.1-7. (Hor., Carm., ii., 19, 8.r-0vid, Amor., iii,, 1, 23.-;-Id. ib., iii., 15, 17.— Id,, Trist., iv., i., 43.— Brunck, Anal., iii., 201. — Orph., Hymn., x1t„ 5.— Id..l., 8.)-^8. (MiEris„s, v.— Herxl., v., 49.- Id , vii. 64.— Aristoph., Aves, 487.)— 3. (Xen., Cyr(-p.,i., i 13.— Sueton Nero, 13.)— 10. (Herod., iii., 12 — Pliilostr. Sen., Imag., ii. 31 - Plant., Pers., iv., 2, 2.) riBiA. nead, or had only a low crown. The Mysian hat, or "Phrygian bonnet," as it ia now called (vid.Fi- LEU?, p. 778), was a kind of tiara,' formed with lappets to be tied under the Chin,' and dyed purple.' The King of Persia wore an erect tiara, while those of his subjects were soft and flexible, falling on one side.'' He was also distinguished by the splendid colours of his tiara,' and by a Diadema which encircled it, and which was variegated with white spots upon a blue ground. The Persian name inr this regal headdress was ciddris' {Kidapic or kIto- uif'). The preceding woodcut shows the cidaris as represented on a gem in the Royal Cabinet at Paris, and supposed by Caylus to be worn by a sovereign of Armenia.' From a very remote period' down to the present day, the tiara of the King of Persia has been cqinmonly adorned with gold and jevfelry. TIBIA (oiAof), a Pipe, the commonest musical instrument of the Greeks and Romans. It was very frequently a hollow cane perforated with holes in the proper places.'" In other instances it was made of some kind of wood, especially box, ar.J was bored with a gimlet {tcrebrato buxo"). The Phoenicians used a pipe, called gingrus or oiloj yiy.yfiaii>o(, which did not exceed a span in length, and was made of a small feed or straw." The use of the same variety in Egypt is proved by specimens in the Biitish Museum, which were discovered in dii Egyptian tomb. When a single pipe was used by itself, the per- former upon it, as well as the instrument, was call- ed monaulos,^^ //(S-caf/lof.'* Thus used, it was much in fashion at Alexandrea." When its size became considerable, and it was both strengthened and adorned by the addition of metallic or ivory rings," it naiist have been comparable to the flageolet, or even to the clarionet of modern times. Among the varieties of the single pipe, the most remarkable were the bagpipe, the performer on which was called utricularius^'' or aoKavXj^f," and the avUg Md- 3'tof or TT/iay/au/lof," which, as, its name implies, had a mouthpiece inserted into it at right angles. Its form is shown in a restored terminal statue of Pan in the Townley collection of the British Muse- um. Pan was the reputed inventor of this kind of tibia, ^» as well as of the fistula or Syrinx. But among the Greeks and Romans it was much more usual to play on two pipes at the same time. Hence a performance on this instrument (tiUcini- Km"), even when executed by a single person, was called canere or cantare Hbtis." This act is exhibit- ed in very numerous works of ancient art, and often in such a way as to make it manifest that the, two pipes were perfectly distinct, and not connected, as some have supposed, by a common mouthpiece. We see this more especially in two beautiful paint- ings, which were found at Resina and Civiti Vec- chia, and which represent Marsyas teaching the young Olympus to play on the double pipe." The tibia pares in the British Museum, which were found with a lyre in a tomb at Athens, appear to be of ce- dar. Their length is about 15 inches. Each of 1. (Virff., JEn., vii„ 247. — Senrius ad loc. — Sen., Thyest., iv., 1, 40, 41.— Philostr. Jun., Imag., 8 )^2. (.fuV., \i., 516.— Val. Plac, vi., 700.)— 3. (Grid, Met., xi.,181.)— 1. (Herod., \rii., 61.— Xen., Auab., ii. . 5, 4 23. — Id., Cyr9P-i viii.i 3, 1) 13. — Sqhol. in Ariitoph , 1. c.)— 5. (Themist., Orat., 2, p. 36, c. ; 24, p. 306, p.) — e. (Ourt., iii., 8.)— 7. (Strabo, xi., 12, i 9.— Pollux,'vii., If 581) -8. (Recueil d Ant., t. ii,, p. 124,)— 9. (^EschyL.Pers., 668i)— .'0. (Plin., H. N., xvi., 36. s. 66.— Athen., iv.,p. 182.)— ll,,(0vid, K^t., vi., 697.)— 12. (Athen., iv., p. 174, /.— Festua, s. t. Gin^ Jriator.)— 13. (Mart., xiv., 64.)— 14. (Brur.ok, Anal., i., 484.)— 15. (Athon., iv., p. 174, J.)— 16. (Hor., Epist. ad Pis., 202-205. — PropBit., iv., 6, 8.)— 17. (Sucton, Nero, 54.)— 18, (Onomast.) —19. (Theocr., xx., 29.— Longos, i., 2.— H'iliod., .a;thiop., v.— JEhsLU. H. A., vi.. 19.— Eustath. in Horn., 11., xviii., 495.)— 20. (Bion.'iii., 7.)— 21.(Gell.,iv.j 13.)— 22. (Gell,, xv., 17.— C. Nep., tv.i 2, 9 1 )— 23. (Ant. d'Ercolan., i., tav. 9 ; iii., tav. 19. — Com- nore Pans, x., 30, ^5.) TIBIA. them had a separate mouthpiece {yXCiaaic), icnd, bo- sides the hole at the end, it has five holes a i'ng the top and one underneath. The circumstance ol these three instruments being found together is in accordance with the fact that they are very com- monly mentioned together by ancient authors ;' and the reason of this was, that performances on the double pipe were very frequently accompanied by the music of the lyre.' The mouthpieces of the two pipes often passed through a Capistrum. (Vid PnOfeBEiA.) (See woodcut, p. 454.) Three different kinds of pipes were originally used to prodtide music in the Dorian, Phrygian, and Lydian modes. {Vid. Mnsio, p. 648.) About the third century B.C., Pronomus, the Theban, invented adjustments {dfi/iovidt) by which the same set of pipes might be fitted to all the modes.' In vi-hat these adjustments consisted we are not clearly in- formed. Probably stopples Or plugs (oA|iioi) were used for this, purpose. (Vid. Aulos.) It appears also th&t, to produce the Phrygian mode, the pipe had only two holes aboVe {biforis*), and that it ter- minated in i horn bending upward.' It thus ap- proached to the nature of a' trumpet, and produced slow, gfave, and solemn tunes. The Lydian mode was muCh quicker, arid mOre varied and' animating. Horace mentions "Lydian pipes" as a proper ac- companiment when he is Celebratirig the praise of ancient heroes * The Lydians thenaselves used this instrunnent in leading their troops to battle ; and the pipes employed for the purpose are distinguished by Herodotus' as "male and female," i. e., proba^ bly bass and treble, corresponding to the ordinary sexual difference in the human voice: The corre- sponding Latin terms are tibia dextra ami sinistra (lava') : the respective instruments are supposed to have been so called, because the former was more properly held in the right hand, arid the latter in the left. The " tibia dextra" was used to lead or com- mence a piece of music, and the "sinistra" followed it as an accompaniment. Hence the former was called incentiva, the latter succentiva.' The come- dies of Terence having been accompanied by the pipe, the following notices are prefixed to explain the kind of music appropriate to each ; tibiis paribus, i. e., with pipes in the same mo3e; tib. imparibus, pipes in different modes ; tib. duabus dextris, two pipes of low pitch ; tib. par. dextris et sinistris, pipes in the same mode, and of both low and high pitch. The use of the pipe among the Greeks and Ro- mans was threefold, viz., at sacrifices (tibiiz sacrifi- ca), entertainments (/adicrffl;'" woodcut, p^ 276), and funerals" (see p. 650). 1. A sacrifice was common- ly attended by a piper (tibicen;" woddcut, p. 897), who pai-totik of the food offered, so that "to live lilie a piper" became a proverb applied to those who maintained themselves at the expense of other peo- ple." The worshippers of Bacchus,'* and still more of Gybele, used the Phiygian pipe, the music of which was on this account denominated ro Mtirpuov aiX^/ia." 2. At public entertainments the tiiicines wore tunics reaching down to their feet," as is ex- emplified in the woodcut at p. 240. In conformity with the use of this kind of music at public festivals, a band of tibicines preceded a Roman general When he triiimphed." 3. The gravity and solemnity of the I'hrygian pipes, which adapted them to the wor ship of Cybele, also caused them to be used at fu- 1. (Find., 01., iii., 9 ; xi., S7, 98.— fsth., iv., 30, ed. Blickh.— 1 Cor., xiv., 7.)— 2. (Hor., Epod., ix., 5.)— 3. (Pans., ix., 12, « 4.— Athen:, xiv., p. 631, o.)— 4. (Virg.,JEn., i*., 617-620.)— 5. (TibuU., ii., 1, 86. — Ovid, Met., iii., 533.) -^6. (Carm , iv 13 30 )— 7. (i., 17.)— 8. (Plin., 1. o.)-ft. (Vafro,, De Re Rust', i. 2.)— 10. (Plin., 1. c.)— 11. (Ovid, Fast., vi., 657,)— 12. (Valm De Re Rust., iii.. 17.)— 13. (Snidas, s. v. AJXiirfis.- ArisSonh.. Pax, 952.)-14. (Virg., JEn., xi., 737.)-15. (Paus!, i., 30, 64: —16. (Ovid, Past., vi., 6S5.)—17. (Floras, ii., 9.) - , ' OS! TIMEMA. TBItMA .lerals.' The pipe was the instrument principally ased to regulate the dance {vid. Saltatio), whether at sacrifices, festivals, or private occasions in do- mestic life ;' by means of it, also, the rowers kept time in a trireme.^ Notwithstanding the established use of the pipe for these important purposes, it was regarded, more especially by the Athenians, as an inelegant instru- ment, greatly inferior to the lyre.* Horace, how- ever, represents Clio as performing, according to circumstances, either on the lyre or the pipe ;* and it is certain that the pipe was by no means confined anciently, as it is with us, to the male sex, but that avXTjTpiSei, or female tibicines, were very common.' The Thebans always esteemed this instrument, and excelled greatly in the use of it.' TIBI'CEN. (Vid. Tibia.) '^IGNI IMMITTENDI SERVITUS. ( Vid. Ser- VITOTES, p. 878.) ♦TIGRIS (n>pif), the Tiger, or Felis Tigris, L. " The Greeks would appear to have got acquainted with the tiger during Alexander's expedition into Asia, for it is first mentioned by Aristotle. Accord- ing to Varro, the word is borrowed from the Arme- nian language, and signifies an arrow or a rapid river."* *TIKT'OI Aie'OI (Ti'/cTot Tiidot), Prolific Stones. "By prolific or pregnant stones," says Adams, " were meant stones containing a nucleus within, such as the eagle-stone. ( Vid. Aetites.) Dioscor- ides describes it thus : deriTj/c }i.Wo; dig h-epov iyni- uav XiOov im'ioxov. These stones were at one time famous for their reputed powers in aiding delivery, preventing abortions, &c. ; but this superstitious be- lief appears to have been of later origin than the age of Theophrastus."' *TILTA. (Til/. Philyra.) TIMEMA {rlfiri/ia). The penalty imposed in a court of criminal justice at Athens, and also the damages awarded in a civil action, received the :idme of Tifiii/ja, because they were estimated or as- sessed according to the injury which the public or the individual might respectively have sustained. The penalty was either fixed by the judge, or mere- ly declared by him according to some estimate made before the cause came into court. In the first case the trial was called iiyov TijoiTbg, in the second case, ayiiv uTi/itjTo;, a distinction which applies to rivil as well as to criminal trials. It is obvious that, on a criminal charge, two in- quiries have to be made : first, whether the defend- ant is guilty ; secondly, if he be found guilty, what punishment ought to be inflicted upon him. It may be advisable to leave the punishment to the discre- tion of the judge, or it may not. In some cases the Athenian lawgiver thought that the judge ought to have no discretion. Thus, in cases of murder and high treason, sentence of death was imposed by the law and only pronounced by the judge {vid. Phonos, Prodosia), and in many other cases the punishment was likewise fixed by the law. But where the ex- act nature of the offence could not be foreseen by the lawgiver, or it might so far vary in its character and circumstances as to admit of many degrees of culpability, it might be desirable or even necessary to leave the punishment to the discretion of the judge. The law then directed that the same court which passed sentence on the culprit should forth- with impose the penalty which his crime deserved. i. 'Statins, Theb., vi., 120.— Compare Joseph., B. J., Hi., 8, S.— St. Mattli., ix., 23.)— 2. (Herod., vi., 129.)- 3. (Max. Tyr., 23.)— 4. (Plutarch, Alcib.,p.361.— Gell., N. A.,iv., 17.— Aristot., Polit., Till., (I.)— 5. (Carnj., i., 12, 2.— Compare Philost. Sen., Imag., ii., 5.)— 6. (Xen., Symp., ii., 1.— Hor., Epist., i., 14, 25.) —7. (AnlhoU, ed. Jacobs, ii., 633.)— 8. (Aristot., H. A., viii., 27. —Adams, Append., s. v.)— 9. (Theophr., De Lapid., c. xi.— Ad- ams, Ajipend., s. v.) 9S2 Thus, iv. the vofiog itSpeuQ,^ it is enacted : irov i» Karayv^ ij f)i,iaia, TifiaTu irepl vAroi Tzapaxp^iia, 5tov av odfy ufiof elvai Trafefv ?/ anoTiaiu, where diTOTiaai refers to pecuniary penalties, ■naBtlu to any other sort of penalty, as death, imprisonment, &c. Sometimes a special provision was made as to the means of enforcing the punishment ; as in the law last cited, and also in the laws In Demosthenes,' it is declared that, if a fine be 'mposed, the party shall be imprisoned until it is paid. In civil causes, the sertence by which the court awarded redress to the injured party would vary according to the nature of his complaint. Where he sought to recover an estate in land, or a house, or any specific thing, as a ring, a horse, a slave, no- thing farther was required than to determine to whom the estate, the house, or the thing demand- ed, of right belonged. {Vid. Heres, Greek; OIKI- A2 AIKH.) The same would be the case in an ac- tion of debt, ;t:pSowf SUri, where a certain sum was demanded ; as, for instance, where the plaintiff had lent a sum of money to the defendant, and at the trial no question was made as to the amount, but the dispute was whether it was a loan or a gift, or whether it had been paid or not. So, in an action for breach of contract, if, by the terms of the con- tract, a certain penalty had been attached to its vi- olation, it would be unnecessary to have an inquiry of damages, they being already liquidated by the act of the parties themselves.' In these and many other similar cases the trial was utIjitsto^. On the other hand, wherever the damages were in theii nature unliquidated, and no provision had been made concerning them either by the law or b)' the agree- ment of the parties, they were to be assessed by the dicasts. The following was the course of proceeding :a the TijiriTql uyCive(. Let us suppose that on a criminal prosecution tlie defendant had been found guilty. The superintend- ing magistrate then called upon the prosecutor to say what punishment he proposed to be inflicted on him, and what he had to say thereupon. The bfll of indictment {eyKJ^vjia) was always superscribed with some penalty by the person who preferred it. He was said kmypu^eadat ri/ijjiia, and the penalty proposed is called imypa/ijia.* We find also the expressions ireayeiv rifirjiia, ri^uadai tu ipevyovTi, Ti/niaiu noieTadat. W^hen a charge was brought, not by a private individual, but by a magistrate ex offi- cio, the law required him in like manner to write down the penalty which he thought the case merit- ed.' The prosecutor was now called upon to sup- port the allegation in the indictment, and for that purpose to mount the platform and address the di- casts {uvaSalvciv etc Ti/iri/ia). Here he said whatever occurred to him as likely to aggravate the charge, or incense the dicasts against his opponents. He was not bound, how- ever, to abide by the proposal made in the bill, but might, if he pleased (with the consent of the court), ask for a lower penalty than he had demanded be- fore. This was often done at the request of the defendant himself or of his friends ; sometimes from motives of humanity, and sometimes from pruden- tial considerations. If the accused submitted to the punishment proposed on the other side, there was no farther dispute ; if he thought it too severe, he made a counter proposition, naming the penally (commonly some pecuniary fine) which he consid ered would satisfy the demands of justice. He was then said ivnTi/idaBai or iavra Ti/iHaSat.' He was 1. (Demosth., c. Mid., 529.)— 2. (o. Timocr., 733.)-3. (Id., « Dionys.. 1291, 1296, et argum.)— 4. (Id., c. Nausira., 985.)— S (Id., c. Macart., 1076.)— 6. (Id., c. Timocr., 743 ; c. Nicortr 1252.— ilsch., De Fals. Leg., 29, ed StepL \ TIMEMA aiiowed to address the court in mitigation of pun- isliment; to say what he could in extenuation of his offence, or to appeal to the mercy of his judges. This was frequently done for him by his relatives and friends ; and it was not unusual for a man who thought himself in peril of life or freedom, to pro- duce his wife and children in court to excite com- passion.' After both parties had been heard, the dicasts were called upon to give their verdict. Here occurs a question about which there has been much difference of opinion, and which it is impossible to determine with any certainty, viz., whether the dicasts, in giving this verdict, were confined to a choice between the estimates of the opposing parties, or whether they had a discretion to award what punishment they pleased. Without entering upon any controversial discussion, the fol- lowing appears to the writer the most probable view of the matter. The dicasts had no power of discussing among themselves, or agreeing upon the fine or penalty to be awarded. Such power was incompatible with their mode of voting by ballot. (Vtd. Psephos.) At the same time, it would be absurd to suppose that the Athenian court had no means of controlling the parties in the exercise of that privilege which the jaw gave them, or that it was the common practice for the parties to submit widely different estimates to the dicasts, and leave them no alternative but the extreme of severity on the one side, and the extreme of mercy on the other. Many passages in the orators are opposed to such a view, and es- pecially the words of Demosthenes.' The course of proceeding seems to have been as follows. The prosecutor usually superscribed his indictment with the highest penalty which the law or the nature of the case would admit of. In the course of the trial, there might be various indications on the part of the dicasts of a disposition to favour one side or the other. They often exhibited their feelings by vehement gestures, clamour, interrup- tion, and questioning of the parties. It was not unusual for the speakers to make allusions to the punishment before the first verdict had been given.' All this enabled both parties to feel the pulse of the court before the time had arrived for the second ver- dict. If the prosecutor saw that the dicasts were greatly incensed against his opponent, and he him- self was not mercifully inclined, he would persist in asking for the highest penalty. If he was himself disposed to be merciful, or thought that the dicasts were, he would relax in his demand. Similar views would prevent the defendant from asking for too small a penalty, or would induce him to effect a compromise (if possible) with his opponent. We may reasonably suppose that it was competent for the prosecutor to mitigate his demand at any time before the magistrate called on the dicasts to divide ; but not after, without the consent of the court.* If the parties were endeavouring to come to an arrangement, the court would give them a reasonable time for that purpose ; and there is reason to believe that the petitions addressed by the defendant or his friends to the prosecutor were made aloud in the hearing of the dicasts. As to the suggested explanation of riji^v rriv fiafcpdv, see Pbephos. We cannot doubt that in case of heinous offences, or those which immediately concerned the state, the court would not permit of a compromise between the opposing parties ; but in ordinary I. (DemoBth., o. Mid., 573, 575 ; c. Aristocr., 793.— De Fals. L«g., 431, 434; 0. Oiictor., 878; c Aphob., 834. — ArUtoph,, Vetp., 560.)— 2. (c. Timocr., 737.)— 3. (JEsch., c. Tiraaicli., 12 ; De Fals. Leg., 48, ed. Srepli.- Demiisth.,c. Mid., 523 ; c. Bac- 01. de Dot., 1022, 1024 ; o. Spnd.. 1033 ; c. Macart.. 1060 ; c. Steph., 1128.— Plainer, Proo. imd Klag.,i.,384.)— 4. (Demosth., « Nicost., 1252, 1254 ; c. Theocrin., 1343 ; c. Neicr., 1347.) TINTINNABULUM. cases, a public prosecutor was looked on by the Athenians much in the light of a plaintiff, especially where his object was to obtain some penalty given by the law to an informer. When the parties couk not come to terms, the dicasts, after hearing what each of them had to say, divided on their respective propositions, and the majority of votes determined the penalty.' The course thus pursued at Athens must ha/e led to injustice occasionally, but was, perhaps, 'lie only course that could be adopted with so large a number of judges. Aristotle tells us that Hippoda- mus of Miletus (who no doubt perceived the evils of this system) proposed that the verdict should nol be given by ballot (<5m ijirjipofopias:), but that each judge should bring in a tablet with a special state- ment of his opinion ; upon which proposal Aristotle remarks, that its effect would be to make each judge a SiatTrjTTig : that it was an object with most of the ancient lawgivers that the judges should not confer with each other {KoivohiyuvTai.), and then he comments on the confusion that would arise if the judge were allowed to propose a penalty different from that submitted to him by the parties." As a general rule, only one penalty could be. im- posed by the court, though the law sometimes gave more than one.' Sometimes the law expressly em- powered the jury to impose an additional penalty {Tzpoariftri/jia) besides the ordinary one. Here the proposition emanated from the jury themselves, any one of whom might move that the punishment al- lowed by the law should be awarded. He was said ■KpoaTifidaHat, and the whole dicasts, if (upon a di- vision) they adopted his proposal, were said ■Kf^oan fifv* We may observe, that the preposition npof in the verb wpoan/juv does not always imply that a second penalty is imposed, but is sometimes used with reference to other matters, as in Demosthenes.' In private actions, the course of proceeding witli respect to the assessment of damages was nmch the same as described above. In some cases, where the plaintiff's demand was made up of several charges, or arose out of various matters, he would give in his bill of plaint a detailed account, specify- ing the items, &c., instead of including them in one gross estimate. This seems to have been consider- ed the fairer method, and may be compared to our bill of particulars, which the plaintiff delivers to the defendant.' The liability of the plaintiff to raufe^iu, which was calculated upon the sum demanded, operated as a check upon exorbitant demands, in addition to that which we have already noticed.' The TtpoaTifojait rarely occurred in private ac tions, except in those where the wrongful act com- plained of had the character of a public offence, as in the (!i/t)7 tl/evdo/iapTvpiuv. (Vid. Martyria.) As to the amount of revenue derived by the Athe- nians from public fines, see Bockh.' As to Tl/iri/za in the sense of the rateable value of property with reference to the Athenian property- tax, see EispHORA. TINTINNA'BULUM (ffuduv), a Bell. Bells were used for a great variety of purposes among the Greeks and Romans, which it is unnecessary to particularize here. One use, however, of them, for the purpose of keeping watch and ward in the forti- fied cities of Greece, deserves mention." A guard (0i)Xof) being stationed in every tower, a irepinoXos (see p. 406) walked to and fro on the portion of the wall between two towers. It was his duty ti carry 1. (Plainer, Proc. und Klag., i, 198-202.— Meier, Alt Prn!., 178-182.)— 2. (Aristot., Polit., ii., c. 5, s.3,8,9.)— 3. (DemoBth., c. Lept., 504 ,- c. Neajr.. 1863.)— 4. (Id., c. Timocr., ^33.— Meier, Att. Proc, 183, 725.)— 5. (c. Aristog., 790.)— 6. (III., c. Aphob., 853.)— 7. (Bockh, Staatsh. der Athen, i., 388.)— 8. (Staatih., &c., i., 402, &c..)— 9. (Thucyd., iv.. 135 -Arisloph , Hvet 84S 1159.— Schol. inloc.) 98a TIPHEr TlTHYMALLliS). the bell, which he received from the gHard at one cower, to deliver it to the guard at the next toweri and then to return, so that the bell, by passing from hand to hand, made the circuit of the city. By this arrangement ft was discovered if any guard was ab- sent from his post, or did not answer to the bell in consequence of being asleep. Hence, to prove or Iry a person was called KuSavi^eiv ;' to perform the office of patrol was naSavo^opstv. 'J he forms of bells were various in proportion to the multiplicity of their applications. In the Mu- seum at Naples are some of the form which we call nell-shaped; others are more like a Chinese gong. The bell fig. 1, in the annexed woodcut, is a simple disc of bell-metal ; it is represented in a painting as hanging from the branch of a tree.' Figure 2 rep resents a boll of the same form, but with a circular hole in the centre, and a clapper attached to it by a chain. This is in the Museum at Naples, as well as the bell fig. 3, which in form is exactly like those still commonly used in Italy to be attached to the necks of sheep, goats; and oxen. Fig. 4 is repre- sented on one of Sir W. Hamilton's vases,^ as car- ried by a man in the garb of Pan, and probably for the purpose of lustration.* Figure 5 is a bell, or, 'ather, ?. collection of twelve bells, suspended in a frame, which is pteseived in the Antiquarium at Munich. This jingling instrument, as well as that represented by fig. 6 ' may have been used at sac- rifices, in Bacchanalian processions, or for lustra- tion. Fig. 7 is a fragment Of ancient sculpture, representing the manner in which bells were attach- ed to the collars of chariot-horses.' *TIPHE (TLfri), a variety of the Triticum spelta, or Spelt. !' It is to be borne in mind," says Adams, in his commentary oh Paulus .iEgineta, "that the ff/a, t'k^ti, and 6\vpa of the Greeks, and far and adoreum of the Romans, were all varieties of spelt, a species of grain bearing some resemblance to wheat. Pliny, it is true, seems to distinguish the fe/a from the S^vpa, but from the account which Dioscorides and Galen give of them, they would appear desidedly to have been mere varieties of the same grain. Spelt, in this country, is known by the name of German wheat.'" 1. (jElisn, H.A., xvi., SS.)— 2. (Bartoli, Sep'. Ant., 13.) — .S. (i., 43.).^4. (Theoo., ii., 36.— Schdl. in loc.)— 5. (from Bartoli, Luc. Sep., ii., 23.)— 6. (Ginzrot, flberWajeh, &e., ii., pi. 57.) —7. (Tflebphr., H. P., i., 6; ii., 4.— Adams, C«nlm. c« Paul. JEg.^ I 100. — Id., Append., s. v.) 984 TIROCINIUM. (Kjrf. Tiro.) THiO was the name given by the Romans to « newly-enlisted soldier, as opposed to veteranus, one who had experience in war.' The mode of levying troops is described under Army, p. 103. The agt at which the liability to military service commenced was 17. From their first enrolment, the Roman soldiers, when not actually serving igainst an enemy, were perpetually occupied in military exerolies. They were exercised every day,' the tirones twice, in the morning and afternoon, and the veterani once. The exercises included not only the use of their weap- ons and tactics properly so called, but also what- ever could tend to increase their strength and activity, and especially carrying burdens and endu- ring toil. Vegetius' enumerates among the exer- cises of the tirones marching, running, leaping, swimming, carrying the shield, fighting at a post {vid. Palijs), thrusting with the sword in preference to striking, using their armour, hurling spears and javelins, shooting arrows, throwing stones and lead, en bullets, leaping on and off their horses, carrying weights, fortifying' the camp, and forming the Jina of battle. • VegetiuS also gives rules for choosing tirones according to their country, their being rustics or townsmen, their age, stature, personal appearance, and previous occupation.* But these rules refer almost exclusively to the state of things under tha emperors, when the army was no longer recruited from the citizens of Rome, but from the inhabitanta of the provinces. At this period, the tiro, when approved as fit foi the army, was branded or tattooed in the hand with a mark (stigmata ; puncta signorum), which Lipaiusi conjectures to have been the name of the emporor The state of a tiro was called tirocinium ; and a soldier who had attained skill in his profession was then said tirociniam ponere, or deponere.' In civil life the terms tiro and tirocinium were ap^ plied to the assumption of the toga virilis, which was called tirocinium fori {vid. Toga), and to the first appearance of an orator at the rostra, tirocin- ium eloquentice.' TITHENI'DIA {nenviSia), a festival celebrated at Sparta by the nurses who had the care of the male children of the citizens. On this occasion the nurses (jtrBai) carried the little boys out of the city to the Temple of Artemis surnamed Corythalia, which was situated on the bank of the stream Ti- assus, in the district of Cleta. Here the nurses sacrificed sucking pigs on behalf of the children, and then had a feast, probably of the meat of the vic- tims, wifJi which they ate bread baked in an oven ilTTvira^ aprouf '). ♦TITHYMALLUS {rieifrnXlog), a plant. "The Tidiiia7i.%oi are, without doubt, all referable to the genus Euphorbia, or Spurge. Miller, in his Gar- dener's Dictionary, describes 71 species of spurge. The ;i^apos/ciar is either his 3d or 3d species, called by him Wood Spurge. The fivprivin^s is his 5th species, or Myrtle-leaved Spurge. The SevSpod&tn is the T. arboreus, or the Euphorbia dendroidts, L. The TrXfflni^ij^Ilof is the Euphorbia platyphylld, h. The Kvtapieaiai is the Cypress Spurge, indigenous in Scotland. The r/TitOaKokiac is the Eup, Hel, Or Sun Spurge. The ir&pa7i,iag . is the Eup. Paral. Besides these, the ancients have described various speeies of spurge under generic names, ias Xifiwpif, ■KsnTu;, &ufishuii, &c. It is deserving of remark. I. (Cajs., Bell. Civ., iii., 28.)— 2. (Veget., i., l.)-3. (i., 9-27 — 4. (i., c. 2-8.) — 5.' (Justin, xii., 4 ; ix., 1. — Lipsius, De Milit Rom. in Oper., iii., p. SH, 33, 184, 193-197.)— 6. (Senec, Pro- 8m., 1. ii.)— 7. (Allien., iv., p. 139. — Compue Plut.',ixoi,^ Kofivot'), to be pdur- ed into a shallow vat. In this they were immedi- ately trodden by men, who had the lower part of their bodies naked,' except that they wore drawers. {Vid. SuBLiGACuLUM.) At Icast two persons usually trod the grapes together. To "tread the wine- press alone" indicated desolation and distress.' Tlie Egyptian paintings' exhibit as many as seven treading in the same vat, and supporting themselves by taking hold of ropes or poles placed above their heads. Piom the size of the Greek and Roman vats, there can be no doubt that the company of treaders was often still more numerous. To pre- vent confusion and to animate them in their labour, they moved in time or danced, as is seen in the an- cient mosaics of the church of St. Constantia at Rome, sometimes also leaning upon one another. The preceding circumstances are illustrated in the following woodcut, taken from a bas-relief" An I (Oqiheua, De LapM., 206.— Ps^U., De Lapid.— Dipd. Sic, iii., 30.— rAdams, Append., s. v. — Moore's Anc. Mineral., p. 161.) —2. (Gcopon., VI., 11.)— 3. (Virg., Georg., ii., 241.)— 4. (Hes., Scut Here., 290.)— 5. (Lon^us, ii., 1.)— 6. (Geopon.. 1. c.)— 7. (Virg., Gforg., li., 7.)— 8. (Isaiah, liiii., 3.)— 9. (Wilkinson, Manners and Customs, ii., p. 153-157.) — 10. (Mon. Matth., iii.. Sab. 45.) OSS ant^efixa in the British Museum', shows a persog by the side of the, vat perforii>fng during this act on the scabellum aJ^^^,fibia pares, (or tho purpose of aid- ing and regulating the movements of those in it. Besides this instrumental music, they were chegred with a song, called f-i^og e-n-tXriviov' or i/iwof ixi?.^' vio(, specimens of which may be seen in Anacreon.^ After the grapes had been trodden sufficiently, they were subjected to the more powerful pressure of a thick an(i heavy beam {vid. Prelum), for the purpose of obtaining aU the juice yet remaining in thein.« Instead of a beam acted on by wedges, a press with a screw {wd Cochlea) was sometimes used for the same purpose.' A. strainer or colander (otVZ. Colum) was employed to clear the must from solid particles, as it flowed from the vat. The preceding woodcut shows the apertures at the bottom of the vat, by which the vaMsi (miistum, yXtvKog) was discharged, and the method of receiv- ing it when the vat was small, in wide-mouthed jars, which, when full, were carried away to be emptied into casks {dolia, nidoi').. {Vid. Dolium.) When the vineyard was extensive, and the vat large in proportion, the must flowed into another vat of corresponding size, which was sunk below the level of the ground, and therefore called in-oA^i'fpj',', in Latin lacus.' From /lijj'Of Bacchus was called Leritcus {Arivaloi;). The festival of ^ the Lenaa was celebrated on the spot where the first Attic winepress, was said to have been constructed., (Kiti. Dionysia, p. 364.) Olives as well as grapes were subjected to the prelum for the sake of their oil; ' but, instead of being trodden, they were first bruised, so' as to express a great part of the oil, in a mill called irapelum, whiob resembleii our cider-mill. The building erected to contain all the vessels and other implements (torcula vasq.^") for obtaining both wine and oil was callei torcularium'-' and ^^- vcfiv.'" ' It was situated near the kitchen and the wine-cellar." ♦TORDYL'ION {ropSmov), the Tordylium offic-.- nale, or Hartwort.'* TOllEUTICE (T-opEwrtit^). (Fid. Bronze, p. 179.) TORMENTUM {a^sTtipia opyava), a military en- gine. All the missiles used in war, except tbos^ thrown from the sling {vid. Funda), are projected either by the hand alone or with the aid of elastic substances. Of elastic instruments, the bow (vid. AROus),is still used by many nations. But the iorr mentum, so called from, the twisting {lorquendo) of hairs, thongs, and vegetable fibres," has fallen into disuse through the discovery of gunpowder. The word tormentum is often used by itself to denote engines of various kinds." Often, also, these en- gines are specified separately, under the names of BalistcB and Catapulta, v/hiph names, however, most conimonly occur togetjher in the accounts of sieges and other military operations, because the two kinds of engines denoted by them were almost always used in conjunction. {Vid. Helepolis.) Thp balista {■KerpoSoXog) Was used to shoot stones," the catapulta \KaTa7ri?,T7]c, KaTaneXTiK^) to project darts, especially the falarica {vid. Hasta, p. 489), 1. XCombe, Anc. Terra-cottas, No. 59.)— 2. (Athen., v.,p. 199, o.)— 3. (Ode xvii., 1., and Iii.— Brnnck, Anal., ii., 239.- Vid. Ja- cobsj.ad lQp.-^:Coi;np. -Theocr., vii., 25.) — 4. (Vitruv., x., 1. — Virg., GeoTg., ii., 242.^Servius in loc. — Hot., Carm., l., 20, 9.) —5. (Vifrdv.,vi., 6 — Plin., H. N., xviii., 31, s. 74.)— 6. (Lbngm. ii., 1, S.)-^7. (St. Mark, xii., 1.— Geopon., vi , 1, U.)— 8. (Ovid, Fast,, v., 88B.T^Plin., Epist'., ix., 20. — Colu:nell., De He Eu(t., xii., 18.)— 9. (Plin., B, N., xv., 1, s. 2.)— 10 (Varro, De Re Rust., iii., 2.)— 11. (Cato, De He Rust, 13, J3 IB.— Colum., De Re Rust., .\li., 18.)— 12. (Geopon., vi,, 1.)— 13. (Vitruv., vi., 6.,' —14. (DioBCbf., iii.. 56',— Nicand.,.Ther., 841.— Adams, Append., s. V.)— 15. (Poljrb.; iv,,56.)— 16. (Cic, Ep. ul Div., xv,,4.— Cies, B. Civ., iii., 44,45 —Bell. Alex.,10.— Liv., ix., II,— Veil, Patorr,., ii., S2..^Curt., iv., 9, 16,)— IT. (Ovid, Trist., i., S, 48. — La(»ll, vi , 198 -^Non. Mare., b 555. t*d. Merceri.) TOUMENTUM. and a kind of missile 4i- feet long, called trifax> Wlule, in besieging a city, the ram {vid. Abies) was employed in destroying the lower part of the wall, the balista was used to overthrow the battlements {propugnacula'), and the catapult to shoot any of the besieged who appeared between them.= The forms Of these machines being adapted to the ob- jects which they were intended to throw, the cata- pult was long, the balista nearly square, which ex- plains the following hronorous enumeration by Plautus* of the three /ir/xavai, the application of which has just been explained. " Meus est balista pugnus, cubitus catapulta est mihi, Humerus aries." In the same armament the number of catapults was commonly much greater than the number of bahstae.' Also, these two classes of machines were both of thetn distinguished into the greater and the less, the numbisr of " the less" being much more considerable than the number of "the great- er." When Carthago Nova, which had served the Carthaginians for an arsenal, was taken by the Ro- mans, the following were found in it : 120 large and 281 small catapults ; 23 large and S2 small balis- tse.^ Three sizes of the balista are mentioned by historians, viz., that which threw stones weighing half a hundred weight (rpiaKovra/ivaiovc X(9o»f'), a whole hundred weight (balista centenaria,' AlBoSo- h>t; ro/lai'Tiaiof '), and three hundred weight {irerpo- WXof TpiTaXavTo;^'). Besides these, Vitruvius" mentions many other sizes, even down to the balis- ta which threw a stone of only two pounds' weight, tn like manner, catapults were denominated accord- ing to the length of the arrows emitted from them." According to Josephus, who gives some remarka- tle instances of the destructive force of the balis- ta, it threw stones to the distance of a quarter of a mile." Neither from the descriptions of authors, nor from tlie figures on the column of Trajan," are «'e able to form any exact idea of the construction of these engines. Still less are we informed on the subject of the Scorpio or Onager, which was also a tormentum." Even the tertns balista and tatapulta are confounded by writers subsequent to JuUus Caesar, and Diodorus Siculus often uses Ka- raniXTrig to include both balistse and catapults, dis- tinguishing them by the epithets nerpoBoXoi and b^vSeXclc." The various kinds of tormenta appear to have been invented shortly before the time of Alexander the Great. When horsehair and other materials failed, the women in several instances cut off their own hair, and twisted it into ropes for the engines." The.se machines, with those who had the manage- ment of them, and who were called balistarii and d^eraiV were drawn up in the rear of an advancing army, so as to throw over the heads of the front rankd. (Firf. Akmy, p. 106.) In order to attack a maritime city, they were carried on the decks of vessels constructed for the purpose." The meaning of tormentum, as applied to the cordage of Ships, is explained in p. 893. COmpare Vegetias, Muhm., ii., 46. The torture or question (qucestio)i aa applied to oiiminals or witnesses, was called tormentum by 1 rFestus, s. T.)- 2. (Plaut., Bacch., iv., 4, 58, 61.)— 3. (Biod. Bifi. ivii., 42, 45.-1(1., M., 48, 88.) —4. (Capt., iv., 2, 16.)— 5. [It 11. Marc., p. 552, ed. Mereeri.— Liv., xxvi., 47.) —6. (Liv., 1. c.)— f {Polyb., ix., 34.)— 8. (Non. Marc, 1. B.)— 9. CPplyb., 1. o, — DJod. Sic, XX., 86.)— 10. (Diod. Sic, xx., 48.)- 11. (x., ID- IS. (Vitruv., X., 10.— Schneider, ad loo.) — 13. (B. J., iii,) 7, ^ 19, 83.— Compare Procpp., Bell. Goth., i., 21, 23.) —14. (Bartoli, Col. Trai., tab. 45-47.)- 15. (Vitrav., x.. lO.-LiT., xxvi., 6, 47. — Amm. MarceU., xx., 7 ; xxiii., 4.)— 16. (xiii., 51 ; xx., 48, 83, 86 i xxi., 4.)— 17. {CxsHT, Bell. Civ., iii., 9.-^Veget., Do Re Mil., IT., 9.)- 18. (Polyl) , iv. 56.)— 19 fDind Sic, xx., 83-86.— Ta- cit., Ann., ii.j 6 1 TORQUES. the Romans.' The executioner w ts called tortot and among the instruments emplo/ed for the pjir pose were the wheel (rota, rpoxog^) and the eculeue The Lydians had an instrument of torture which, as we may infer from its name (icwi^of'), was fuU of points, and applied to the body of the snfl'erei like the card used in combing wool. The Jews seem to have used the harrow or threshing-ma- chine in the same manner ;* and the K%iiJ.a^ men- tioned by Aristophanes,' if it resembled tlie ladder. which is still to be seen among the instruments of torture in the dungeons at Ratisbon, must have pro- duced a similar effect. {Vid. Basanos.) TORQUES or TORQUIS (arpenroQ), an ornament of gold, twisted spirally and bent into a circular form, which was worn round the neck by men of distinction arnong the Persians," the Gauls,' and other Asiatic and northern nations.' Tore was the name of it among the Britons and ancient Irish. Virgil' thus describes it as part of the attire of the Trojan youths : " It peetore summo Flexilis obtorti per collum circulus auri." Ornaments of this kind have been frequently found, both in France, and in many parts of Great Britain and Ireland," varying in size and weight, but almost always of the form exhibited in the an- nexed woodcut, which represents a torquis found in Brecknockshire, and now preserved in the Brit- ish Museum. The same woodcut contains a sec- tion of this torquis of the size of the original. Il shows, as Mr. Petrie observes concerning some found in the county of Meath, " four equidistant ra- diations from a common centre." The torquis in the British Museum is four feet and a half in length Its hooks correspond well to the following descrip- tion of the fall of a Celtic warrior : " Torquis ab incisa decidit unca gula."^'- A torquis, which, instead of being bent into a circular form, was turned into a spiral, became a bracelet, as is shown in the low- est figure of the woodcut to Armilla, p. 96. A torquis contrived to answer this purpose is called torquis brachialis.^' Such bracelets and torques are often found together, having been worn by the same people. An inscription found in France mentions a tor- quis, wlVh v/as dedicated to jEsculapius, having been made by twisting together two golden snakes." In this respect, also, the torquis corresponded with the armilla, which was sometimes made in the form of a serpent. (See p. 96.) The head in th* 1. (Suet., Tiber., 20.— Cic, Pro Mil., 20-22.— Xiuintil ts4.1 2. {Aristoph , Plat., 876.)— 3. (Herod., i., 92.)— 4. (2 Sam., xii., 31—1 Chron.,xx., 3.)— 5. (Ran., 631.)— 6. (Curt , iii., 3.— The- mist., Orat., 24, p. 306, c.) — 7. (Floxus, i., 13.— Id., ii., 4.)— 8 (Isid., Orig,, xix., 30.)— 9. (.«ii., v., 558, 559.) — 10. (Petrie. Trans, of H. Irish Acad., vol. xviii. — Antiq., p. 181-184.) — 11 (Propert., ix., 10, 44.)— 12. (Vopisc, turel., 7.)— 13. (MoDtfau con, Ant Expl., iii., p. 53.) nsfl TRAGCEUIA. TRAGUJUjA. precL'ding woodcut is that of a Persian warrior in the mosaic of the battle of Issus, mentioned in p. 520. Jt illustrates the mode of wearing the tor- quis, which in this instance terminates in two ser- pents' heads instead of hooks. Three other Per- sians in the same mosaic also wear the torquis, which is falling from the neck of one of them, who has been vanquished and thrown from his horse. It was by taking this collar from a Gallic warrior in similar circumstances that T. Manlius obtained the cognomen of Torquatus.^ Torques, whether in the form of collars or brace- lets, no doubt formed a considerable part of the wealth of those who wore them. Hence they were an important portion of the spoil, when any Celtic or Oriental army was conquered, and they were among the rewards of valour bestowed after an en- gagement upon those who had most distinguished themselves." The monuments erected to commem- orate Roman soldiers, and to enumerate the hon- ours which they had obtained, often mention the number of torques conferred upon them.' {Vid. PlULEBA.) TORUS, a Bed, originally made of straw,* hay, leaves, woolly plants,' seaweed (de mollibus ulvis'), also stuffed with wool, and afterward with feath- ers' or swans' down,' so as to be as much raised and as soft as possible.' It was sometimes cover- ed with the hide of a quadruped" (vid. Pellis, p. 750), but more commonly with sheets or blankets, called Toralia.^^ The torus may be observed on the sofa in the first woodcut, p. 276 ; and its ap- pearance there may suffice to explain the transfer- ence of its name to the larger semicircular mould- ings in the base of columns. {Vid. Atticdeges, SriEA.) TOX'OTAI (TofoTQi). {Vid. Demosioi.) TRA'BEA. {Vid. Toga, p. 987.) TRADI'TIO. (Vid. Dominium.) *TRAGACANTHA {rpaydicavea), a prickly shrub, which yields gum tragacanth. It is the As- fragalus Tragacantha, Goat's-thorn or Milk-vetch. The name is derived from Tp6.yo( (a goat) and duav- Ba (a thorn), in allusion to the fancied resemblance which the plant bears to the beard of a goat. In the London Pharmacopteia the plant is called Aslra- gidus verus, on tb 3 authority of Olivier."" ♦TRAGION {rpayiov), a plant. One species, called by Dioscorides rpayiov K.p7iTiK6v, is the kind of St. John's-wort called Hypericum hircinum, and has a foetid smell. A second sort, likewise descri- bed by Dioscorides, is named by Sprengel Tragium colurmus}^ TRAGCEDlA {rpayaSia), Tragedy. I. Greek Tragedy. The tragedy of the ancient Greeks, as well as their comedy, confessedly origi- nated in the worship of the god Dionysus. It is proposed in this article, (1) to explain from what element of that worship Tragedy took its rise, and, (2) to trace the course of its development, till it reached its perfect form and character in the drama of the Attic tragedians, ^schylus, Sophocles, and Euripides. The peculiaiity which most strikingly distin- guishes the Greek tragedy from that of modem times, is the lyrical or choral part. This was the offspring of the dithyrambic and choral odes, from which, as applied to the worship of Dionysus, 1. (Cic, Fin., ii., 22.— Id., Off., iii., 31.— Gellius, ii., 13.— Non. Marc., p. 227, 228, ed. Mereeri.)— 2. (Jut., ivi., 60.— Plin., H. N., xzxiii., 2, s. 10. — SidoD. ApolL, Carm., zxiii., 424.) — 3. (Maffei, Mui.Veron.,p.218.)— 4. (Plm.,H.N.,Tiii.,48,s.73.)— 5. (Mart., liv., 160, 162.)— 6. (Ovid, Met., viii., 656.)— 7. (li., 611.) — 8. Mart., xiv., 161.)— 9. (Virg., JBn., vi., 603.— Ovid, Amor., ii., 4, 14.)— 10. (Virg.,.a:n.,viii., 17".)— 11. (Hor., Sat., ii.,4, 84.— Id., Epist., i., 5, 28.)- 12. (Moscor., iii., 20.— Theophraat., H. P., ix., I .—Adams, Append., s. ^ — 13. (Dioscor., iv., 49, 50. — Adams, fl-ppind., s. v.; Greek tragedy took its rise. This woish;p, we may observe, was of a twofold character, coTre- sponding to the different conceptions which were anciently entertained of Dionysus as the changea- ble god of flourishing, decaying, or renovated na- ture, and the various fortunes to which, in that character, he was considered to be subject at the different seasons of the year. Hence Miiller ob- serves,' " the festivals of Dionysus at Athens and elsewhere were all solemnized in the months near- est to the shortest day, coincidently with the chan- ges going on in the course of nature, and by which his worshippers conceived the god himself to be. affected.". His mournful or joyous fortuiies (Trafty) his mystical death, symbolizing the death of all ve- getation in winter, and his birth,' indicating the renovation of all nature in the spring, and his strug- gles in passing from one state to another, were not only represented and sympathized in by the dithy- rambic singers and dancers, but they also carried their enthusiasm so far as to fancy themselves un- der the influence of the same events as the god himself, and in Sheir attempts to identify them- selves with him and his fortunes, assumed the character of the subordinate divinities, the Satyrs, N3rmphs, and Pans {nympharunujue leves cum sit- lyris chori), who formed the mythological train of the god. Hence, as is explained .under Dionysia (p. 363), arose the custom of the disguise of satyrs being taken by the worshippers at the festivals of Dionysus, from the choral songs and dances of whom the Grecian tragedy originated, " being from its commencement connected with the public re- joicings and ceremonies of Dionysus in cities, while comedy was more a sport and merriment of the country festivals." In fact, the very name o< Tragedy {Tpayii>6ia), far from signifying anything mournful or pathetic, is most probably derived from the goat-like appearance of the satyrs, who sang or acted, with mimetic gesticulations {dpTixaic), the old Bacchic songs, with Silenus, the constant companion of Dionysus, for their leader.^ From their resemblance in dress and action to goats, they were sometimes called Tpdyoi, and their song rpayudla. Thus yEschylus, in a fragment of the Prometheus Ilwp^dpof, calls a satyr Tpdyoc;, and the satyric chorus in the Cyclops of Euripides* ap- pears in the skin of a goat {x^alua rpayov). The word adnipoc, also, is apparently the same as tltv- poc, a kind of goat.* According to another opin- ion, indeed, the " word tragedy was first coined from the goat that was the prize of it, which prize was first constituted in Thespis's time."' This derivation, however, as well as another, connecting it with the goat offered on the altar of Bacchus,' around which the chorus sang, is not equally sup- ported either by the etymological principles of the language, or the analogous instance of xafu^dla, the "revel-song."' But the Dionysian dithyrambs were not always of a gay and joyous character : they were capcblo of expressing the extremes of sadness and wild lam- entation as well as the enthusiasm of joy ; and it was lirom the dithyrambic songs of a mournful cast, probably sung originally in the winter months, that the stately and solemn tragedy of the Greeks arose. That there were dithyrambs of such a character, expressive of the sufferings of Dionysus {rd tov tit- ovvaov ■nuSfj), appears from the statement in He- rodotus,' that at Sioyon, in the time of Clisthenes (B.C. 600), it was customary to celebrate {yepalpeiv] 1. (Literat. of Gieece.p. 288.)— 2. (Plat., De Lef ., iii., p. 700.- Proclbs, in Gaisford's Hephxst., p. 383.) — 3. (Bode, tiesch. dei Hellen. Dichtkunst, iii., p. 31.) — 4. (1., 80.)— 5. (Phot., Lex., ■ V.)— 6. (Bentlej')Phalar.,p.249.)— 7. (MuUcr. Literat. of GrooM p. 291.)— 8. (Etymol. Magn., p. 784.— Euvip. Baccb., ISl.— E;: an, V. H., iii., 40.)— 9. (v.. 67.) TRAGCEDIA. the aiifferit.gs of that god with " tragic choruses." But it must be remarked, that in the most ancient times the dithyrambic song was not executed by a regular chorus. Thus Archilochns says in trochaic verse, " I know how, when my mind is inflamed with wine, to lead off the dithyramb, the beautiful song of Dionysus" (vid. Chorus, p. 247), whence we may infer that in his time (B.C. 700) the dithyramb was sung by a band of revellers led by a flute-player, fiyrical choruses, indeed, had been even then estab- lished, especially in the Dorian states of Greece, in connexion with the worship of Apollo, the cithara, or ^dppyf, being the instrument to which the cho- reutaj sang and danced.' In fact, the connexion of the Dorian choral poetry with the worship of Apollo, the direct opposite to that of Dionysus, and its con- sequent subjection to established rules and forms, admitting, too, from the Dorian character, but little innovation, affords the most obvious explanation of the striking circumstance that nothing decidedly dramatic sprang from it, as from the dithyrambic performances." Still there were some points in which the Dorian worship of Apollo resembled that of Dionysus, e. g., the dances with which the for- mer god was honoured, and the kind of mimicry which characterized them. Other circumstances also, on which we cannot here dwell, would proba- bly facilitate the introduction of the Dionysian dith- yramb among the Dorian states, especially after the improvements made in it by Arion (B.C. 600), which were so great, that even the invention of that species of poetry is ascribed to him, though it had been known in Greece for a century before his time. The worship of Dionysus was celebrated at his na- tive place, Methymnae in Lesbos, with music and orgiastic rites ; and as Arion travelled extensively in the Dorian states of Hellas, he had ample oppor- tunities of observing the varieties of choral worship, and of introducing any improvements which he might wish to make in it.' He is said to have been the inventor of the "tragic turn" (Tpaymov rpoTzov), a phrase of doubtful signification, but which seems to mean, that he was the inventor of a grave and solemn style of music, to which his dithyrambs were danced and sung.* ( Vid. Music, Greek.) Suidas' adds of him, ?i.eyeTac koI npurog X'^P^^ GT^caCf koI didvpaiiSov g,aat kol bvofidtjai to ^dofiEvov virb tov Xopov, Kol iarvpovc elaaieyKelv l/iUETpa TliyovTa^. From the first dause, in connexion with other au- thorities,' we learn that he introduced the cyclic chorus (a fact mythologically expressed by making him the son of Cycleus) ; i. e., the dithyramb, in- stead of being sung, as before his time, in a wild, ir- regular manner, was danced by a chorus of filly men around a blazing altar ; whence, in the time of Aris- tophanes, a dithyrambic poet and a teacher of cyclian choruses were nearly synonymous.' As the alter- ation was made at Corinth, we may suppose that the representation of the dithyrambic was assimila- ted in some respects to that of the Dorian choral odes. The clause to the effect that Arion intro- duced satyrs, i. e., rpdyoi, speaking in verse [Iracha- ic), is by some thuuglii another expression for the invention of the " tragic style." A simpler inter- pretation is, that he introduced the satyrs as an ad- dition and contrast to the dance and song of the cyclic chorus of the dithyramb, thus preserving to it its old character as a part of the worship of Bac- chus. The phrase bvo/idaat' alludes to the different titles given by him to his different dithyrambs, ac- cording to their subjects, for we need not suppose that they a ll related directly to Bacchus.' As he 1 (Mttller, Literal, of Greece, p. 204.— Doriiins, iv., 7, i 8.)— S. (Bode, p. 16.)— 3. (Bode, p. 22.)— 4. (Hermann, Opusc, vol. Tii., p. 216.) — 5. (s. V.) — 6. (Schol. in Arist., Aves, 1403.)— 7. (Mailer, p. 204.) — S (Compare Herod., i., 23.)— 9. (Woloker, Nactoag-, p 233 ) TRAGCEDIA was the first cithara player of his age, it is probable that he made the lyre the principal instrument in the musical accompaniment. From the more solemn dithyrambs, then, as im- proved by Arion, with the company of satyrs, who probably kept up a joking dialogue, ultimately sprang the dramatic tragedy of Athens, somewhat in the following manner : The choruses which represent- ed them were under the direction of a leader or ex- archus, who, it may be supposed, came forward sep- arately, and whose part was sometimes taken by the poet himself" We may also conjecture that the exarchus in each case led off, by singing or re- citing his part in a solo, and the chorus, dancing round the altar, then expressed their feelings of joy or sorrow at his story, representing the perils and sufferings of Dionysus, or some hero, as it might be Accordingly, some scholars have recognised in such choral songs, or in a proximate deviation from them, what has been called a " lyrical tragedy," perform- ed without actors distinct from the chorus, and con- ceived to be a transition step between the dithy- ramb and the dramatic tragedy. The title, howev- er, does not occur in ancient writers, and, therefore, if it means anything, can only refer to representa- tions of the character we have just ascribed to the dithyrambs of Arion, modified from time to time, according to circumstances or the fancy of the wri- ter. That the names rpayudla and rpdytfidog are applied, indeed, to works and writers before the time of Thespis, and that the " tragedy" of that ags was e itirely choral, without any regular formal di- alogue, is evident from many authorities. Thus Athei.BBUs* observes that the whole satyrical poetry form* rly consisted of choruses, as did the "tragedy" of oU times (ri rbre Tpay6ia). Again, Diogenes Laer^.ius* states that formerly the chorus alone act- ed (,6 [sSpa/iaTiCev) or performed a drama, on which Hermann' observes, " after the dithyramb was sung, some of the chorus, in the guise of satyrs, came forward and improvised some ludicrous sto- ries ; but in exhibitions of this sort," he adds, " we see rather dramaticiz tragaidi(E initia, quam ullum lyrici cujusdam generis vestigium." Lyric poets also seem to have been spoken of as tragedians ; thus, according to Suidas,' Pindar wrote seventeen 6pd- juara rpayixd (" but not lyrical tragedies"'), and Si- monides of Ceos wrote tragedies, or a tragedy, as some manuscripts have it. But, whatever may be inferred from this, it only proves that dithyrambic poets were also called bagedian, just as in the scho- lia on Aristophanes,' a writer is described as didv- pa/iBoKow^ f/ TpayifiSLddoKoko;. For the arguments on both sides, see Hermann, I. c, and Bockh on the Orchomenian Inscriptions.' The choral dithyrambic songs, accompanied with mimetic action (the lyrical tragedy '<), prevailed to some extent, as all choral poetry did, among the Dorians of the Peloponnesus ;'° whence their deriv- ative, the choral element of the Attic tragedy, was always written in the Dorian dialect, thus showing its origin. The lyrical poetry' was, however, espe- cially popular at Sicyon and in Corinth. In the latter city Arion made his improvements ; in the former, " tragic choruses," i. e., dithyrambs of a sad and plaintive character, were very ancient," and the Sicyonians are also said to have been the inventors « of the Tpaye- mosth., c. Mid., p. 531.)— 4. (Plato, Minos, p. 321.— Pint;, Sol., 29.)— 5. (Hor., Ep. ad Pis., 275.)— 6. (Diog. Laert., iii., 50.)— T (Plul., SoL,-29.).i-8. (Mailer, p.'29.— Bode,p.(67.)— 9. (Phalar. p. 218.)— 10. (Aristot.,Poet., 4.)— 11. (Bentley.iPhal., p. 21 H nUGOEDIA TRAGCEDIA that Sophoclus' wrote against the chorus of Thes- pis, seems to show that there was some similarity of character between the productions of the two poets." A summary of the arguments in favour of the serious character of the tragedy of Thespis is given by Welcker.' The invention of the prologus and rhesis of tragedy (an expression clearly, in some measure, identical with the introduction of an actor) is also ascribed to Thespis by Aristotle.* By the former word is meant the first speech of the actor,' or the prooemium with which he opened the piece ; the chorus then sang the first ode, or vdpoSof, after which came the ftijatg, or dialogue between the act- or and the principal choretitse. The invention of this dialogue is also alluded to in the phrase ^cfeuc Se ycvouivvi' It is evident that the introduction of the dialogue must also have caused an alteration in the management of the chorus, which could not re- main cyclic or circular, but must have been drawn up in a rectangular form about the thymele, or altar of Bacchus in front of the actor, who was elevated on a platform or table {h^eor^, the forerunner of the stage; The statement in PoIInx' that this was the 6ia), being, both in form and mate- rials, the same as tragedy, Thus also Horace' says, " Effutire leves indigna tragasiia versus Intererit satyris paulum pudibunda protervis," alluding in the first line to the mythic or epic ele- ment of the satyric drama, which he calls tragtedia, and in the second representing it as being rathei ashamed of its coinpany. The scene was, of course, laid in the supposed haunts of the satyrs, as we learn from Vitruvius :' " Satyricte, sctna ornarUui arioribus, monlilus religuisque agrestibus rebus," all ia keeping with the incidents of the pieces, and re- ' minding the spectators of the old dithyramb and the god Dionysus, in whose honour the dramatic con- tests were originally held. We must, however, observe, that there were some characters and le- gends which, as not presenting any serious or pa- 1. (Aves, 748. — Thesm., 164.)— 2. (Vesp., 219.) — 3. (Said inyit.) — 4. (Herod., Ti., 21.) — 5. ;Bode, p. 35.)— 6. (Ep. ad Pis., 222.) —7. (Naohtrag, p. 331.) -8. (Ep ad Pis., 831 ) — (v., 8.) 0Q,1 TRAGCEDIA. TRAGCEDIA. ttaetic aspects, were not adapted for tragedy, and, therefore, were naturally appropriated to the satyric drama. Such were Sisyphus, Autolycus, Circe, Callisto, Midas, Omphale, and the robber Skiron. Hercules also, as he appears in Aristophanes' and the Alcestis of Euripides, was a favourite subject of this drama, as being no unfit companion for a drunken Silenus and his crew.' The Odyssey also, says Lessing,' was in general a rich storehouse of the satyrical plays ; but, though the Cyclops of Eu- ripides, the only satyrical play extant, was taken from it, the list of satyric pieces given by Weloker* liardly confirms this assertion. . We now come to the improvements made in tra- gedy by .iEschylus, of which Aristotle" thus speaks : " He first added a second actor and diminished the parts of the chorus, and made the dialogue the prin- cipal part of the action" {Tdv Xoyov TrpuTayaviarTiv irapiansvaae). He also availed himself of the aid of Agatharchus the scene-painter, and improved the costume of his actors by giving them thick-soled boots {hiiiarai), as well as the masks, which he made more expressive and characteristic. Horace' thus alludes to his improvements : " personiB pallaque repertoi honesta Mschylus, et modicis instravit pulpita tignis Et docuit magnumque loqui, nilique cothurno." The custom of contending with trilogies (Tpii,oyiai), Dr with three plays at a time, is said to have been ilso introduced by him. In fact, he did so much or tragedy, and so completely budt it up to its ■' towering height," that he was considered the father of it. The subjects of his drama, as we have before intimated from Plutarch, were not connected with the worship of Dionysus, but rather with the great cycle of Hellenic legends and some of the myth.? of the Homeric Epos. Accordingly, he said of himself that his dramas were but scraps and fragments from the great feasts of Homer. Another instance of his departure from the spirit and form of the old tragedy, as connected with Dionysus, is shown in his treatment of the dithyrambic chorus of fifty men, which, in his trilogy of the Oresteia, he did not bring on the stage all at once, but divided it into separate parts, making a different set of choreu- t!B for each of the three pieces." In the latter part of his life ^schylus made use of one of the improve- ments of Sophocles, namely,, the TpiTayaviarfi^, or third actor. This was the finishing strolce to the dramatic element of Attic tragedy, which Sophocles is said to have matured by fartlier improvements in costume and scene-painting. Under him tragedy appears with less of sublimity and sternness than in the hands of jEschylus, but with more of calm grandeur, and quiet dignity, and touching incident. His latter plays are the perfection of the Grecian tragic drama, as a work of art and poetic compo- sition in a thoroughly-chastened and classic style, written when, as he says of himself, he had put away the boyish pomp of .^Esehylus (tot Ajo^w^oii iimreTzaix'^; oytcov), and the harsh obscurity of his own too great refinements, and attained to tlial style which he thought the best, and most suited for portraying the characters of men.' The intro- duction of the third actor enabled him to do this the more effectually, by showing the principal char^ acter on different sides and under different circum- Btainc'es, both as excited by the opposition of one, and drawn out by the sympathies of another. (Vid. HisTEio, p. 505.) Hence, though the plays of Sophocles are longer than those of .lEschylus, still . 1. ;R!im..j— 2. (Mailer, 295.) -^3. (Leben des Sophocles, 4 115.)— 4. (Naohtrag, p. 284, 322.)— 5. (Foot., iv., * 16.)— 6. (Ep. id Pis., 278.) — 7. (Atheu., tiii., p. 347, e.)— 8. (MuUer, E«- itiinid.J-9. (Pint., De Pro V. S., p. 79, 6.) 0B4 there is not a corresponding increase pf action,' bul a more perfect delineation of character. Creon, for instance, in the Antigone, and Ajax, are more per- fect and minutely drawn characters than any in .iEschylus. The part of the chorus is,, on the other hand, considerably diminished in his plays. Another distinguishing feature in them is their moral signin- cance and ethical teaching. Though the characters in them are taken from the old subjects of national interest, still they do not always appear as heroes, or above the level of common humanity, but in such situations, and nnder the influence of such motives, passions, and feelings, as fall to the lot pf men in general : so that " every one may recognise in them some likeness of himself " In the hands of Euripides tragedy deteriorated, not only in dignity, but also in its moral and reli- gious significance. He introduces his heroes in rags and tatters, and busies them with petty affairs, and makes them speak the language of every-day life. As Sophocles said of him,' he represented men, not as they ought to be, but as they are, with- out any ideal greatness or poetic character — ^thor- oughly prosaic personages. His dialogues, too, were little else than the rhetorical and forensic language of his day cleverly put into verse : full of sophistry and quibbling distinctions. One of the peculiarities of his tragedies was the TrpoAoyof, an introductory monologue, with which some hero or god opens the play, telling who he is, what is the state of affairs, and what has happened up to the time of his ad- dress, so as to put the audience in possession of every fact which it might be necessary for them to know : a very business like proceeding, no doubt, but a poor make-shifl; for artistioal skill. The " Deus ex machina" also, though not always, in a " nodus, tali vindice dignus," was frequently employed by Euripides to effect the dAny&mmt of his pieces' The chorus, too, no longer discharged its proper and high functions, either as a representative of the feel- ings of unprejudiced observers, or " as one of the actors and a part of the whole," joining in the de- velopment of the piece. Many of his choral odes, in fact, are but remotely connected in subject with the action of the play. Another novelty of Euripi- des was the use of " monodies" or' lyrical songs, in which, not the chorus, but the principal persons of the drama, declare Ihcir emotions and sufferings. They were among the most brilliant parts of his pieces, and, being sung by persons on the stage, are sometimes described as uSal d™ aK^vij(.' Aris- tophanes often parodied them, and makes Euripides say of himself^ thit he "nurtured tragedy with monodies, introducing Cephisophon," his chief actor, to sing them. Elf averpsfov jiovuSiaif, KijAiaofovTa /uyvvg. Euripides was also the inventor of tragi-comedy, which not improbably suggested, as it certainly re- sembled, the l%apoTpay(fiSia of the Alexandrian age, the latter being a half-tragic, half-comic drama, or, rather, a parody or travesty of tragical subjects. A Epccimc.ii of tlio Euripidean tragicomedy is slill extant in the Alcestis, acted B.C. 438, as the las! of four pieces, and therefore as a substitute for a satyrical drama. Though ' tragic in its form and some of its scenes, it has a liiixture of comic and satyric characters (e. g., Hercules), and concludes happily. It remains to make some remarks on the nature and object of Greek tragedy in general, and on the parts into which it is divided. According to Plato,* the truest tragedy is an imitation of the noblest and best life : jiljiriaii tov koXXiistov ical aphrov jSiov. 1 . ( Aristot., , ''' ^ \. (Lep., vii., p. 944.) /iiin;aig tov KaXTdarov ical apiarov piov. ., Poet., 25.)— 2. (Phot., Lex.,! t,)— 3 (B»na :K.,Tii., p.817.) s TRAGCEDIA. TRAGCEDIA. Aristotle's, definition is more compreliensive and perhaps perfect. " Tragedy is an imitation of an action tliat is important (airovdaca;), and entire, and of a proper magnitude, in pleasurable language, by means of action, not of narration, and effecting, tln-oiigh terror and pity, the refinement and correc- tion of such, passions" {tjjv tolovtuv irad7fftdT(,iv KoSapaiv). He then adds. Tragedy contains six parts : the story, i. e., the combination of incidents or plot, manners, expression, sentiment, decoration, and music (jivOog aal ridii, xal Acftf, koI Sulvoia, km &ili(.C, Kol /ie?.oKoaa). Of these the story is the principal part, developing the character of agents, and being, in fact, the very soul of tragedy. The manners come next, and manifest the disposition of the speakers. The sentiments take the third place, and comprehend whatever is said, whether proying anything, or expressing some general reflection. Afterward he adds. Fables are of two sorts, simple and complicated (ol iitv uTrXoZ, ol &e KSTr^eyftEvoi.), the catastrophe of the former produced without a revolution or discovery, of the latter with one or both. Now a revolution (irepim reta) is a change to the reverse of what is expected from the circum- stances of the action : a discovery iavayvupurie) is a change from known to unknown, happening be- tween characters whose happiness or unhappiness forms the catastroplie of the drama. The best sort of discovery is accompanied by a revolution, as in the CEdipus. Aristotle next enumerates the parts of quantity {Kara to Koaiv) or division in tragedy : ttiese are, the prologue, episode, exode, and choral songs; the last divided into the parode and stasi- mon. The vpoTioyog is all that part of a tragedy which precedes the parodos of the chorus, i. e., the first act. The eiretaodwv is all the part between wltole choral odes. The Ifodof that part which has no choral ode after it. Of the choral part, the mipo- fof is the first speech of the whole chorus (not bro- ken up into parts) : the stasimon is without ana- pffists and trochees. These two divisions were sung by all the choreutse {kowu Attuvtuv), but the " songs on the stage" and the Ko/i/ioi by a part only (Mia 6e tu dm Tfjg cKrivrjg nal Ko/i/ioi). The com- mus, which properly naeans a wailing for the dead, was generally used to express strong excitement, or lively sympathy with grief and suffering, espe- cially by .(Eschylus. It was common to the actors and a portion only of the chorus {Ko/i/ids Se ■Itp^voQ, KoivoQ ;t;o/)oi>, ical and aKTivfig), whence its derivative KoiijiaTiKu is used to designate broken and inter- rupted songs sung either by individual choreutae or divisions of the chorus.' Again, the ndpoiog was so named as being the passage-song of the chorus, sung while it was advancing to its proper place in the orchestra, and therefore in anapsestic or march- ing verse ; the ardatjiov, as being chanted by the chorus when standing still in its proper position.' With respect to the ends or purposes of tragedy, Aristotle observes that they ate best effected by, the representation of a change of fortune from prosper- ity to adversity, happening to a person neither em- inciUlt liiluoiis nuj jusl, noi jRt involved in mis- fortune by deliberate vice or yillany, but by some error of human frailty, and that he should also be a person of high fame and eminent prosperity, like CEdipus or Thyestes. Hence, he adds, Euripides is not censurable, as is generally supposed ; for trage- dies with an unhappy termination, like bis, have, al- ways the most tragic effect ; and Euripides is the most tragic of all poets, i, e., succeeds best in pro- ducing pity : an expression especially true of some scenes in the Medea. In jEschylus, the feelings of pity and melancholy interest are generally excited by the relation in which his heroes stand to desti- 1. (MiiUer, F.ninen, r S4.)— 2. (Suiil. and Etymol. Mag.) , ny. He mostly represents them as vainly stnig gling against a blind but irresistible fate, to whose power (according to the old Homeric notion) even the father of gods and men is forced to yield, and it is only occasionally, as in the splendid chorus of the Eumenides (522), that tve trace in him any inti- . mations of a moral and retributive government of the world. Hence there is a want of moral lessons in his works. .In Sophocles, on the contrary, wa see indications of a different tone of thought, and the superintendence of a directing and controlling power is distinctly recognised : " the great Zeus in heaven, who superintends and directs all things."' The materials of Greek tragedy were the nation- al mythology; " Presenting Thebes, or Pelops' line, ' Or the tale of Troy divine." The exceptions to t^js were the two historical tia gedies, the" Capture of Miletus," by Phrynichus, and the " Persians" of .iEschylus ; but they belong to an early period of the art. Hence the plot and story of the Grecian tragedy were, of necessity, known to the spectators, a circumstance whicli strongly distinguishes the ancient tragedy from the modern, and to which is owing, in some measure, the practical and quiet irony in the handhng of a subject, described by Thirlwail" as a characteristic of the tragedy of Sophocles. The functions of the chorus in Greek tragedy were very important, as described by Horace :' " Actoris partes chqrus qfficiumque virile Defendat : neu quid medios intercinat actus, Quod nan proposito. conducat, et hareat apte," &.C. We must conceive of it, says A. W. Schlegel, as the personification of the thought inspired by the represented action ; in oth-;r words, it often es-^ presses the reflections of a dispassionate and right- minded spectator, and inculcates the lessons of mo- rality and resignation to the will of heaven, taught by the occurrence of the piece in which it is en- gaged. Besides this, the chorus enabled a poet to produce an image of the " council of elders," which existed under the heroic governments, and under whose advice and in whose presence the ancient princes of the Greek tragedy generally acted. This image was the more striking and vivid, inasmuch as the chorus was taken from the people at large, and did not at all differ from the appearance and stature of ordinary men ; so that the contrast and relation between them and the actors was the same as that of the Homeric Tiaoi and uva/crcf. Lastly, the cho- ral songs produced an agreeable pause in the action, breaking the piece into parts, while they presented to the spectator a lyrical and musical expression of his own emotions, or suggested to him lofty thoughts and great arguments. As Schlegel says, the chorus was the spectator idealized. With respect to the number of the chorus, Miiller* thinks that, out of the dithyrambio chorus of 50, a quadrangular cho- rus of 48 persons was lirst formed, and that tliis was divided into sets of 1 2, one for each play of a tetralogy; but in the lime of Sophocles the ti'agiu' chorus amounted to 15, a number which the ancient grammarians always presuppose in speaking of it» arrangements, though it might be that the form of the .(Eschylean tragedy afterward became obsolete. The preceding account should be read in connex- ion with the articles Chorus, Dionysu, Hibtrio, and Theatbuh. The explanation of the following phrases may be. useful: ' napaXopvyvi"^ '• ^^^^ word was used in case of a ■ 1. (Electr., 174.— Thirlwall, Phil. Mas., vol. ii., p. 492.)— 8 (Phil. Mus., ii., p. 483, in rank, he convoked the cnmitia : it was in an assembly of this kind that Brutus pro- posed to deprive Tarquinius of the imperium.' A law passed under the presidency of the tribunus ce- lerrm was called a lex tribunicia, to distinguish it from one passed under the presidency of the king ( Vid. Regia Lex;) The tribunes of the three an- cient tribes ceased to be appointed when these tribes themselves ceased to exist as political bodies, anj when the patricians became incorporated in the local tribes of Servius TuUius. (Fzrf. Thibus, Ro MAN.) Tribunes op the Servian Tribes. — When Ser- vius TuUius divided the commonalty into thirty local tribes, we again find that at the head of these tribes there was a tribune, whom Dionysius calls i^vlapxoi, like those of the patrician tribes.' He mentions them only in connexion with the city tribes, but there can be no doubt that each of the rustic tribes was likewise headed by a tribune. The duties of these tribunes, who were without doubt the most distinguished persons in their respective districts, appear to have consisted at first in keep- ing a register of the inhabitants in each district and of their property, for purposes of taxation, and for levying the troops for the armies. When, subse- quently, the Roman people became exempted from taxes, the main part of their business was taker, from them, but they still continued to exist. Nie- buhr' supposes that the tribuni cerarii, who occur down to the end of the Republic, were only the suc- cessors of the tribunes of the tribes. Varro* speaks of curaiores omnium iribuu-m, a name by which ho probably means the tribunes of the tribes. When, in the year 406 B.C., the custom of giving pay (sti- pendium) to the soldiers was introduced, each of the tribuni serarii had to collect the tributum in his own tribe, and with it to pay the soldiers ;" and in case they did not fulfil this duty, the soldiers had the right of pignoris capio against them.' In later times their duties appear to have been confined to collecting the tributum, which they made over to the military quaestors who paid the soldiers. (Vid. QujIistor.) The lex Aurelia (70 B.C.) called (he tribuni serarii to the exercise of judicial functions, along with the senators and equites, as these trib- unes represented the body of the -most respectable citizens.' But of this distinction they were subse- quently deprived by Julius Caesar.' Tribuni Plebis. -^The ancient tribunes of the plebeian tribes had undoubtedly the right of convo- king the meetings of their tribes, and of maintaining the privileges granted to them by King Servius, and subsequently by the Valerian laws.- But this pro- tection was very inadequate against the insatiable ambition and usurpations of the patricians. When the plebeians, impoverished by long wars, and cru- elly oppressed by the patricians, at last seceded, in the year 494- B.C., to the Mons Sacer, the patricians were obliged to grant to the plebeians the right of appointing tribunes (tribuni plebis) with more effi- cient powers to protect their own order than those which were possessed by the heads of the tribes. The purpose for which they were appointed was only to afford protection against abuse on the part of the patrician magistrates; and that they might be able to affi)rd such protection, their persons were declared sacred and inviolable, and it was agreed that whoever acted against this inviolability should 1. (Liv., i., 59.)— 2. (Dionys., iv., 14.)— 3. (i., p. 4Si.)— 4. (De Ling. Lat., v., p. 74, ed. Bip.) — 5. (Varro, Do I.ing. Lat, iv., p 49, ed.- flip,)- 6. (Cato ap. Cell., vii., 10.)— 7. (Orelli, Onom TuUl, iii., p, 142.- Appian, De Bell. Civ., iii., 23.) -^8. iSuetoa Jul.. 41.1 TRIBUNUS. TRIBUNUS. be an oullaw, and that his property should be for- feited to the Temple of Ceres.' This decree seems to contain evidence that the heads of the tribes, in their attempts to protect members of their own or- der, had been subject themselves to insult and mal- treatment ; and that similar things occurred even after the sanctity of the tribunes was established by treaty, may be inferred from the fact that, some time after the tribuneship was instituted, heavy punish- nlents were again enacted against those who should venture to annoy a tribune when he was making a proposition to the assembly of the tribes. The law by which these punishments were enacted ordained that no one should oppose or interrupt a tribune while addressing the people, and that whoever should act contrary to this ordinance, should give bail to the tribunes for the payment of whatever fine they should affix to his offenrs in arraigning him before the commonalty ; if he refused to give bail, his life and property were forfeited." It should, however, be observed, that this law belongs to a later dale than that assigned to it by Dionysius, as has been shown by Niebuhr ;= it was, m all probabil- ity, made only a short time before its first application in 461 B.C., in the case of Cffjso Quinctius.* The tribunes were thus enabled to afford protection to any one who appealed to the assembly of the com- monalty, or required any othvr assistance. They were essentially the representatives and the organs of the plebeian order, and their sphere of action was the coraitia tributa. With the patricians and their cbmitia they had nothing to do. The tribunes them- selves, however, were not judges, and could inflict no punishments," but could only propose the impo- sition of a fine to the commonalty (multam irrogare). The tribunes were thus, in their origin, only a pro- tecting magistracy of the plebs ; but, in the course of time, their power increased to such a degree that it surpassed that of all other magistrates, and the tribunes then, as Niebuhr' justly remarks, became a magistracy for the whole Roman people, in oppo- eition to the senate and the oligarchical elements in general, although they had nothing to do with the administration of the government. During the lat- ter period of the Republic they became true tyrants, ind Niebuhr justly compares their college, such as It was in later times, to the National Convention of t'rance during the first revolution. But, notwith- standing the great and numerous abuses which were made of the tribunitian power by individuals, the greatest historians and statesmen confess that the greatness of Rome and its long duration are in a great measure attributable to the institution of this office. As regards the number of the tribunes of the people, all the ancient writers agree (see the passa- ges in Niebuhr') that at first tliey were only two, though the accounts differ as to the names of the first tribunes. Soon afterward, however, the num- ber of tribunes was increased to five, one being taken from each of the five classes.' When this increase took place is quite uncertain. According to Dionysius,' three new tribunes were added imme- diately after the appointment of the first two. Ci- cero'" states, that the year after the institution of the tribunes their number was increased to ten ; according to Livy," the first two tribunes, imme- diately after their appointment, elected themselves three new colleagues ; according to Piso,'" there were only two tribunes down to the time of the Publilian laws. It would be hopeless to attempt to 1. (Liv., ii., 33.— Dionys., yi., 89.)— 2. (Dionys., vii., 17.)— 3. (ii., p. 98.1-4. (Liv., iii., 13.)— 5. (Gellius, liii., 12.)— 6. (i., p. 614.)— 7. (i., n. 1356.)— 8. (Ascon. in Cic, Corn., p. 56, ed. Orel- li.^Zonar., vii., 15.)— 9. (vi., 89.)— 10. (Fragm. Cornel., p. 451, ed Orelli.)— 11. (ii.. 3.S.1— 12. (ap. Liv.. ii., 58.) ascertain what was really the case : thus much oiily is certain, that the number was not increased to ten till the year 457 B.C., and that then twc were taken from each of the five classes.' Thia number appears to have remained unaltered down to the end of the Empire. The time when the tribtiries '.vere elected was, according to Dionysius,' always on the 10th of De- cember, although it is evident from Cicero' that ii his time, at least, the election took place a. d. xi ! Kal. Sextil. (17th of July). It is almost superfluoua to state that none but plebeians were eligible to the office of tribune ; hence, when, towards the end of the Republic, patricians wished to obtain the office, they were obliged first to renounce their own order and to become plebeians (vid,. PiTRicii, p. 743) ; hence, also, under the Empire, it was thought that the princeps should not be tribune because he was a patrician.* But the influence which belonged to this office was too great for the emperors not to covet it. Hence Augustus was made tribune for life." During the Republic, however, the oM regu- lations remained in force even after the tribunes had ceased to be the protectors of the plebs alone. The only instance in which patricians were elected to the tribuneship is mentioned by Livy," and this was probably the consequence of an attempt to di- vide the tribuneship between the two orders. Al- though nothing appears to be more natural than that the tribunes should originally have been elect- ed by that body of the Roman citizens which they represented, yet the subject is involved in consid- erable obscurity. Cicero' states that they wert- elected by the comitia of the curies ; tlie same is implied in the accounts of Dionysius' and Livy,' ac- cording to whom the comitia of the tribes did not obtain this right till the lex Publilia (472 B.C.'*;. Niebuhr thinks" that, down to the Publilian law, they were elected by the centuries, the classes of which they represented in their number, and that the curies, as Dionysius himself mentions in an- other place," had nothing to do with the election except to sanction it. The election in the comitia of the centuries, however, does not remove the dif- ficulties, whence Gottli'.g" is inclined to think that the tribunes, before the expiration of their office, appointed their successors, after a previous consult- ation with the pieoeians. The necessity of the sanction by the curies cannot be doubted, but it ap pears to have ceased even some time before the Publilian law.'* After this time it is never heard o' again, and the election of the tribunes was left en- tirely to the comitia tributa, which were convoked and held for this purpose by the old tribunes previ- ous to the expiration of their office." One of the old tribunes was appointed by lot to preside at the election.'" As the meeting could not be prolonged after sunset, and the business was to be cojtipleted in one day, it sometimes happened that it was obliged to break up before the election was comple- ted, and then those who were elected filled up the legitimate number of the college by co-optatio.'' But, in order to prevent this irregularity, the trib- une L. Trehonius, in 448 B.C., got an ordinance passed, according to which the college of the trib- unes should never be completed by co-optatio, but the elections should be continued on the second day, if they were not completed on the first, till the num- ber ten was made up." The place where the elec- I. (Liv., iii., 30.— Dionys., x., 30.)— 2. (vi., 89.)— 3. (ad Alt., i , ).)— 4. (Dion Cass., liii., 17, 32.)— 5. (Suet., Ootav., 27,— Tacit., Annal., 1., 2.— Compare also Tib., 9, 23 ; Vesp., 12 ; Tit., 6.)— ft (iii., 65.)— 7. (Fragm. Cornel., 1. o.)— 8. (1. o;)— 9. (ii., 56.)— 10 (Liv., ii., 56.— Dionys., x., 41.)— U. (i., p. 618.)— 12. (vi., 90 1— 13. (p. 289.)— 14. (Niebuhr, ii., p. 190.)— 15. (Liv., ii., 56. *c.-. Dionys., ix., 43, 49.)— 16. (Liv., iii., 64.— Appian, De Bell. Civ,, i., 14.)— 17. (Liv., 1. c.)— 18. (Liv., iii., 64, 65 . v., 10.— Comnar« Niebuhr, ii., p. 383.) M9 TRIBUNUS. TRIBUJNUs. :'.on of tlie tribunes was held was originally and lawfully the Forum, afterward, also, the Campus Martius, and sometimes the area of the Capitol. We now proceed to trace the gradual growth of the tribunitian power. Although its original char- acter was merely auxilium or jSo^Beia against pa- trician magistrates, the plebeians appear early to have regarded their tribunes also as mediators or irbitrators in matters among themselves. This statement of Lydus' has been pointed out by Wal- ter.' The whole power possessed by the college of tribunes was designated by the name tribunicia po- testas, and extended at no time farthel- than one mile beyond the gates of the city ; at a greater dis- tance than this they came under the imperium of the magistrates, like every other citizen.' As they were the public guardians, it was necessary that every one should have access to them, and at any 'ime ; hence the doors of their houses were open Jay and night for all who were in need of help and protection, which they were empowered to afford against any one, even against the highest magis- trates. For the same reason, a tribune was not al- lowed to bfe absent from the city for a whole day except during the Feris Latinae, when the whole people were assembled on the Alban Mount.* In the year 456 B.C., the tribunes, in opposition to the consuls, assumed the right to convoke ike senate, in order to lay before it a rogation and dis- cuss the same ;' for until that time the consuls alone had the right of laying plebisoita before the senate for approbation. Some years after, 452 B.C., the tribunes demanded of the consuls to re- quest the senate to make a senatus consultum for the appointment of persons to frame a new legis- lation, and during the discussions on this subject the tribunes themselves were present in the sen- ate.' The written legislation which the tribunes then wished can oidy have related to their own or- der ; but as such a legislation would only have wi- dened the breach between the two orders, they af- terward gave way to the remonstrances of the pa- tricians, and the new legislation was to embrace both orders.' From the second decemvirate the tribuneship was suspended, but was restored after the legislation was completed, and now assumed a different character from the change that had taken place in the tribes. (Vid. Teibus, Roman.) The tribunes now had the right to be present at the de- liberations of the senate ;' but they did not sit among the senators themselves, but upon benches before the opened doors of the senate-house.' The inviolability of the tribunes, which had before only rested upon a contract between the two estates, was now sanctioned and confirmed by a law of M. Horatius.'" As the tribes now also included the pa- tricians and their clients, the tribunes might natu- rally be asked to interpose on behalf of any citizen, whether patrician or plebeian. Hence the patri- cian ex-decemvir, Appius Claudius, implored the protection of the tribunes." About this time the tribunes also acquired the right of taking the auspi- ces in the assemblies of the tribes." They also as- sumed again the right, which they had exercised before the time of the decemvirate, of bringing patri- cians who had violated the rights of the plebeians before the comitia of the tribes, as is clear from several instances." Respecting the authority which a plebiscitiun proposed to the tribes by a tribune 1. (De Magist., i., 38, 44. — Dionya., vii., 58.)— 2. (Gesoh. Rlim. Rechts, p. 85.)— 3. (Liv., iii., 20. -Dionys., viii., 87.)- (Maorob., Sat.,i., 3.)-5. (Dionys., x., 31, 32.)-6. (Dionys., SO, 62.)- 7. (Liv., iii., 31.— Zonar., vii., 18.)— 8. (Liv., iii., 69 Id., iv., L) —9. (VaL Max., ii., 2, I) 7.)— 10. (Liv.. iii., 55.)- (Liv., ill., 5(3. — Compare also viii., 33, 34.— Niebuhr, ii., p. 3' —12. (Zonar., vii., 19 )— 13. (Liv., iii., 56. ;au XXX- i., 50.)— 19, (ap. Cell , xiii., 12.) TRIBUNUS. TRIBUS. (Id, but not the right ofvocatio; that is, they might conunand a person to be dragged by their viatores before the comitia, but not to summon him. An attemfit to account for this singularity is made by Genius.' They might, as in earlier times, propose a fine to be inflicted upon the person accused before the comitia, but in some cases they dropped this proposal, and treated the case as a capital one.' The college of tribunes had also the power of ma- Icing edicts, as that mentioned by Cicero.' In ca- ges in which one member of the college opposed a resolution of his colleagues, nothing could be done, and the measure was dropped ; but this useiul check was removed by the example of C. Tiberius Gracchus, in which a precedent was given for pro- posing to the people that a tribune obstinately per- sisting on his veto should be deprived of his office.* From the time of the Hortensian law, the power of the tribunes had been gradually rising to such a height that there was no other in the state to equal it, whence Velleius* even speaks of the imperium of tribunes. They had acquired the right of pro- posing to tlie comitia tributa, or the senate, meas- ures on nearly all the important affairs of the state, and it would be endless to enumerate the eases in which their power was manifested. Their propo- sals were indeed usually made ex auctoritate sena- tus, or had been communicated to and approved by it ;" but cases in which the people themselves had a ditect interest, such as a general legal regulation,' the granting of the franchise,' the alteration of the attributes of a magistrate,' and others, might be brought before the people, without their having previously been communicated to the senate, though there are also instances of the contrary." Subjects belonging to the administration could not be brought before the tribes without the tribunes having pre- viously received through the consuls the auctoritas of the senate. This, however, was done very fre- quently, and hence we have mention of a number of plebiscita on matters of administration. (See a list .of tliem in Walter, p. 132, n. 11.) It some- times even occurs that the tribunes brought the question concerning the conclusion of a peace be- fore the tribes, and then compelled the senate to ratify the resolution as expressing the wish of the whole people." Sulla, in his reform of the consti- tution on the early aristocratic principles, left to the tribunes only the jus auxiliandi, but deprived them of the right of making legislative or other proposals, either to the senate or the comitia, with- , out having previously obtained the sanction of the senate. (Fid. Tbibus, Roman.) But this arrange- ment did not last, for Pompey restored to them their former rights." During the latter period of the Republic, when the office of quaestor was in most cases held imme- diately before that of tribune, the tribunes were generally elected from among the senators, and this continued to be the same under the Empire." Sometimes, however, equites also obtained the of- fice, and thereby became members of the senate,'* where they were considered of equal rank with .he quaestors." Tribunes of the people contin- ued to exist down to the fifth century of our sera, though their powers became naturally much limit- ed, especially in the reign of Nero." They contin- ued, however, to have the right of intercession 1. 5. (Scho- maim, Id., 114.) — 6. fWacIlsmuth, II., i., 18.) — 7. (Sclinmanii, Ant. Jur. Put)., p. H5.— Muller, Dor., iii., 5.)— 8. (iii., 26.)— S. (Compare Polli:x, Onom., viii., ]09.)-I0. (v., 66.)— 11. 'Com- pare Eurip., lo^, '.5&6, &c. — Pollux, 1. c.) the armed men or warriors; the Argades, labiiur ers or husbandmen; the jEgicores, goatherds o; shepherds. It is difficult, however, to discover in the first name any such meaning, unless Te/lrovref, and not TeTiAov-ei, be the true reading, in which case it has been supposed that this tribe might be a sacerdotal order, from rAeiv, used in its religious sense ; or a peasantry who paid rent to the lords of the soil, from TeXelv, in the sense to pay. Against the former of these interpretations it may be ob- jected, that no trace of a priestly order is to be found in later times of Attic history ; and against the latter, that the Argades and the TeleOntes would denote a similar class of people, unless we resort to another interpretation of the word Arga- des, viz., artisans^ who would hardly constitute a distinct tribe in so early a period of society. It may be observed, however, that Argades and Mgi- cores may be taken to signify a local distribution of inhabitants, the former being the tillers of the ground, dwelling in the plains, the latter mountain eers ; and this agrees very well not only with thp known character of the country 'of Attica, but also with the division above mentioned as having exist- ed in the reign of Cranaus, viz., Mesogsea and Dia- cris. There is no more difficulty in the one case than in the other in supposing tliat some of the tribes were denominated from their localities or oc- cupations, while others owed their names to other circumstances. Argades and jEgicores might be the old inhabitants, according to their previous di- vision, while the other tribes might be tlie Ionic settlers, Hopletes, the most warlike portion of them, Geleontes, the great body, so called from a son of Ion ; or the last might, as Schomann thinks, be the ancient nobility, as distinguished from the Ionic settlers. Whatever be the truth with respect to the origin of these tribes, one thing is more certain, that before the time of Theseus, whom historians agree in representing as the great founder of the Attic commonwealth, the various people who inhabited the (country continued to be disunited and split into faclions. Theseus in some measure changed the relations of the tribes to each other, by introducing a grada- tion of ranks in each; dividing the people into Eii- irarpiSai, Tc(,>/j«poi, and Ariiiwvpyoi, of' whom the first were nobles, the second agriculturists or yeo- men, the third labourers and mechanics. At the same time, in order to consolidate the national unity, he enlarged the city of Athens, with which he incorporated several smaller towns, made it the seat of government, encouraged the nobles to reside there, and surrendered a part of the royal preroga- tive in their favour. The tribes of Philte were di- vided, either in the age of Theseus or soon after, each into three (pparpiai (a term equivalent to fra- ternities, and analogous in its political relation to the Roman curia), and each (pparpia into thirty yivii (equivalent to the Rom-dn gentes), the members of a ysvos being called yevvijTai or d/toyaXuKTec- Each yivoc was distinguished by a particular name of a patronymic form, which was derived from some hero or mythic ancestor. We learn from Pollux' that these divisions, though the names seem to import family connexion, were in fact artificial, which shows that some advance had now bfen made towards the establishment of a closer political union. The members of the (ppafpiai and yivt; had their respective religious rites and festivals, which were preserved long after these communities had lost their political importance, and perhaps prevent- ed them from being altogether dissolved.' The relation between the four Ionic tribes and 1. (Onom., viii., in,)— 2. (Compare Niobulir, Hist, of Komi, 1., p. 311, &c,) '003 TRIB -S TRIBUS. ine three classes into which Theseus divided the nation, is a difficult and perplexing question. It would appear, from the statements of ancient writers on the subject, that each of the four tiibes was divi- ded into Eupatridae, Geomori, and Demiiirgi ; which is confirmed by the fact that the four ^iiXo6aai%eU, who were the assessors of the sovereign, were all taken from the Eupatridae, but, at the same time, one from each tribe. ( Kjrf. Phylobasileis.) This, as Thirlwall' has remarked, can only be conceived possible on the supposition that the distinctions which originally separated the tribes had become merely nominal ; but Maiden," who rejects the no- tion that the four Ionic tribes were castes deriving their name from their employment, supposes that the tribes or phylas consisted of the Eupatridas alone, and that the latter were divided into four phylse, like the patricians at Rome into three. The Geomori and Demiurgi had therefore, according to his supposition, nothing to do with the tribes. This view of the subject would remove many difficulties, and is most in accordance with the subsequent his- tory and political analogies in other states, but seems hardly supported by sufficient evidence to warrant us in receiving it. After the age of Theseus, the monarchy having been first limited and afterward abolished, the whole power of the state fell into the hands of the Eujm- tridte or nobles, who held all civil offices, and had, besides, the management of religious affairs, and the interpretation of the laws. Attica became agitated by feuds, and we find the people, shortly before the legislation of Solon, divided into three parties, UeSLoCoL, or lowlanders, AtaKpwi, or highlanders, and llupa?i/it, or people of the seacoast. The first two remind us of the ancient division of tribes, Mesogaea nd Diacris ; and the three parties appear in some neasure to represent the classes established by Theseus : the first being the nobles, whose property Say in the champaign and most fertile part of the country ; the second, the smaller landowners and shepherds ; the third, the trading and mining class, who had by this time risen in wealth and impor- tance. To appease their discords, Solon was ap- plied to, and thereupon framed his celebrated con- stitution and code of laws. Here we have only to cotice that he retained the four tribes as he found them, but abolished the existing distinctions of rank, or, at all events, greatly diminished their impor- tance, by introducing his property qualification, or division of the people into UevTanoaco/^/iijivoi, 'Itt- TteX;, ZevytraL, and QijTeg. The enactments of Solon continued to be the law at Athens, though in a great measure suspended by the tyranny, until the demo- cratic reform effected by Glisthenes. He abolished the old tribes, and created ten new ones, according to a geographical division of Attica, and named after ten of the ancient heroes : Ereclukeis, JEgeis, Pandi- onis, Leontis, Acamantis, (Eneis, Cecropis, Hippo- thoontis, Mantis, Anliochis. These tribes were di- vided each into ten d^/iot, the number of which was afterward increased by subdivision; but the ar- rangement was so made, that several d^jioi not con- tiguous or near to one another were joined to make Hp a tribe. (Vid. Demus.) The object of this ar- rangement was, that by the breaking of old associ- ations, a perfect and lasting revolution might be ef- fected in the habitsand feelings, as well as the politi- cal organization of the peopled He allowed the an- cient ijipaTplai to exist, but they were deprived of all political importance. All foreigners admitted to the citizenship were registered in a phyle and demus, but not in a phrairia or genos ; whence Aristophanes" says, as a taunting mode of designating new citi- 1. (Hist, of Greece, iJ., 10.)— 2. (Hist, of Rome, p. HO.) — 3. •Jlanaj, 419 ; Aves, '"''5.) 1001 zens, that they have no phrators, <.i oiily baibarou? ones (quoted by Niebuhr'). The functions which had been discharged by the old tribes were now mostly transferred to the dij/ioi. Among other.?, we may notice that of the forty-eight vavKpapiai into which the old tribes had been divided for the pur- pose of taxation, but which now became useless, the taxes being collected on a different system. The reforms of Glisthenes were destined to be per- manent. They continued to be in force (with some few interruptions) until the downfall of Athenian independence. The ten tribes were blended with the whole machinery of the constitution. Of the senate of Five Hundred, fifty were chosen from each tribe. The allotment of dwaaTai was according to tribes; and the same system of election may be observed in most of the principal offices of state, judicial and magisterial, civil and military, as that of the dcaiT-//Tal, Xoyiarai, 'nuTiTiral, Tafilat, reix^-jvot,- oi, .) 1005 -2. ,9 Id., -Id. TRIBIJS. TMBUS. »nd afterward without, the sanction of the cu.ies, the senate, or the centuries, which were originally the real legislative assembly. ( Vii. Plebisoithm.) It should, however, be observed, that even after the time when plebiscita became binding upon the whole nation, there occur many cases in which a plebis- citum is based upon and preceded by a senatus con- sultum, and we have to distinguish between two Kinds of plebiscita : 1. Those relating to the ad- ministration of the Republic, which constitutionally belonged to the senate, such as those which con- ferred the imperium, appointed extraordinary com- missions and qusestioneSj dispensed or exempted persons from existing laws, decided upon the fate of conquered towns and countries, and upon the af- fairs of provmces in general, &c. These, were al- ways based upon a senatus consultum, vfhich was laid before the tribes by the tribunes. 2. Plebiscita relating to the sovereignty and the rights of the people naturally required no senatus consultum, and in general none is mentioned in such cases. Ple- biscita of this kind are, for example, those which grant the civitas and the suffragium, and those which concern a great variety of subjects connected with social life and its relations. The, tribes also had the power of abolishing old laws.' The per- mission to enter the city in triumph was originally granted to a general by the senate,'-but the comitia tributa began in early times to exercise the same right, and at last they granted such a permission even without a senatus consultum.' The right of deciding upon peace and war with foreign nations was also frequently usurped by the tribes, or per- mitted to them by a senatus consultum. In the time of Sulla, the legislative powers of the comitia were entirely abolished; but of this change' we shall speak presently. III. The jurisdiction of the tribes was very limited, AS they had only jurisdiction over those who had violated the rights of the people, while all capital offences belonged, to the comitia centuriata. In case of a violation of the popular rights, the tribunes or aediles might bring any one, even patricians, be- fore the comitia tributa, but the punishment which they inflicted consisted only in fines. In course of time, however, they became a court of appeal from the sentence of magistrates in any cases which were not capital. Magistrates also, and generals, were sometimes, after the term of their oflSce had elapsed, summoned before the tribes to give an ac- count of their conduct and their administration. Private individuals were tried by them in cases for which the laws had made no provisions.* (Com- pare .(Ediles, Xkieunus.) The place where the comitia tributa assembled might be either within or without the city, although in the latter case not more than a mile beyond the gates, as the power of the tribunes did not extend farther.' For elections, the Campus Martins was the usual place of meeting,' but sometimes also the Forum,' the area of the Capitol," or the Circus Fla- minius.' The usual presidents at the comitia tributa were the tribunes of the people, who were assisted in their functipns by, the sediles. No matter could be brought before the tribes without the knowledge and the consent of the tribunes," and even the 1. (Cic. ed Att., iii., 33. — Id., Do Invent., ii., 49, &c.) — 2. (Appian, De Bell. Civ., ii., 8.)— 3. (Liv., iii., 63.— Id., v., 3S, &c. —Id., X., 37. — Id., xnvi., 21 . — Dion Cass., xxxix., 65. — Plut., Mm. Paul.. 31, &c.— Luoull., 37.)— 4. (Cic, De Hepub., i., 40. — Id. ib., ii., 36. — Id., De Legr., iii., 4, 19. — Id., Pro Sext., 30, 34 )— 5. (Dion Cass., xxxviii., 17.) — 6. (Cie. ad Att., iv., 3, 16. —Id. ib., i., I.— Id., ad Pam., vii., 30.— Plut., C. Gracch 3.)— 7. (Cic. ad Att., i,, 16.)— 8. (Liv., xixiii., 10.— Id., iliii., 16.— Cic. ad Att , iv., 3.1—9. (Liv., xxvii., 22 )— 10. (Lit., xxvii., 22. -1(1., XXX., 40.— C':., De Leg. Agr., ii., 8.) 1000 ffidiles were not allowed to make any proposal t« the comitia without the permission of the tribunes." The college of tribunes appointed one of its mem- bers, by lot or by common consent; to preside at the comitia,* and the members of the college usually signed the proposal .which their colleague was going to lay before the assembly.' During the period when the comitia tributa were a national assembly, the higher magistrates, too, sometimes presided at their meetings, though probably not without tho sanction of the tribunes. In legislative assemblies, however, the higher magistrates presided very sel- dom, and instances of this kind which are known were probably extraordinary cases.* In the comitia tributa assembled for the purpose of electing trib- unes, aediles, quaestors^ sacerdotesj and others, the consuls frequently appear . as presidents.' On one occasion the pontifez maximus presided at the election of ^tribunes.' When the comitia were as- sembled for judicial purposes, sediles, - consuls, O' praetors might preside as well as tribunes.' The preparations preceding lelective assemblies were very simple : the candidates were obliged to give notice to the magistrate who was to preside at the comitia, and. the latter look their names and announced, them to the people when assemb.ed.' For legislative assemblies,, the preparations were greater and lasted longer. A tribune {rogator oi princeps rogaiionis') announced the proposal {roga tio) which he meant to bring before the comitia three nundines before the general meeting. During this interval conciones were held, that is, assem blies of the people for considering and discussing the measure proposed, and any one might, at such meetings, canvass the people for or against the measure : but no voting took place in a concio." The auspices were at first not taken in the comitia tributa, as patricians alone had the right to take them ;" but subsequently the tribunes obtained the same right, though commonly they only instituted the spectio." As regards ths convocation of the comitia tributa, the tribune, who was appointed to preside at the meeting simply invited thi; people by his viatores, without any of the solemnities customary at the comitia centuriata." In the assembly itself the president took his seat npon a tribunal, wras sur- rounded by his coi;2i>7 If .--,,'* ond made the people acquainted with the oij,;cc;3 of the meeting {roga- bat). The rogatio, hovvever, was not read by the tribune himself, but by a priECo." Then discussion took place, and private individuals as well as ma- gistrates might, with the permission of the tribune, speak either for or against the proposal. At last the president requested the people to vote by the phrase ite in svffragium," or a similar one; and when they stood in disorder, they were first called upon to arrange themselves according to their tribes (discedite), which were separated by ropes until the time when the septa were built in the Campus Martins." The succession in which the tribes voted was decided by lot," and the one which 1. (Gell., iv., 4.— Dionys., vi., 90.)— 2. (Liv., ii., 66 —Id., iii., 64.— Id., iv., 57.— Id., v., 17, &c.)— 3. (Cic, Pro Sext., 33.— Id., De Leg. Agr., ii., ?.J-,-4. (Plin., H. N., ivi., 15. — Cic, Pro Balb., 24. — Dion Cass^, xxxviii., 6. — Id., xxxix., 65. — Appian, De Bell. Civ., iii., 7.) — 5. (Liv., iii., 55, 64. — Dionys., ix., 41 &c. — Appian, Do Bell. Civ.j i., 14. — Dion Cass., xxxix., 32.— Cic. in Vat., 6.— Id., ad Fam., vii., 30.— Id., ad Brut., i., 5.)— 6. (Liv., iii., 54.)— 7. (Liv., xxv., 4.— Appian, De Bell. Civ., i., 30., — Dion Cass., xxxviii,, 17.)— 8. (Liv., iii., 64. — Appian, De Bell , Civ., i., 14.^Compare Cic adBnit., i., 5.) — 9. (Cic, Pro Cbb cin., 33, 35.)— 10. (Gellius, xiii., 5.) — Jl. (Liv., vi., 41 Dio nys., ix., 41, 49.— Id., x., 4.)— 12. (Cio. ad Att., i., 16. — Id. ib., iv., 3, 16. — Id., in Vatin., 7. ■— Zonar., vii., 15.) — 13. (Appian, Do Bell. Civ., i., 29.)— 14. (Liv., xxv., 3. — Dion Cas3., xxxix., 65.— Plut., Cat. Min., 28.) — 15. (Aacon. in Cic, Cornel., p. 58, Orelli.)— 16. (Liv.,xxi.,7.)— 17. (Liv., xxx^., 2.— Cic, Pro Dom 18.— Appian, De Bell Civ., iii., 30.)— 18. (' ic, De Leg. Agr., ii 9.-Liv., X., 24.— Id., XXV., 3.) TRIBUS. TRIBUS. was to vote fiist was called tribua praroj itiva or pni/cipium, the others jure vocatce. In tie tribus prserogativa some man of eminence usually gave his vote first, and his name was recorded in the resolution.' Out of the votes of each tribe a sufTra- gium was made up, that is, the majority in each tribe formed the suffragium, so that, on the whole, there were thirty-five suffragia.' (Compare Dibib- iTOREs.) When the counting of the votes had ta- ken place, the renuntiatio followed, that is, the re- sult of the voting was made known. The president then dismissed the assembly, and he himself had the obligation to see that the resolution was carried into effect. The business of the comitia tributa, like that of the centuriata, might be interrupted by a variety of things, such as obnuntiatio, sunset, a tempest, the intercession or veto of a tribune, the morbus oomitialis, &o. In such cases the meeting was adjourned to another day.° If the elections could not he completed in one day, they were con- tinued on the day following ; but if the assembly had met in a judicial capacity, its breaking up be- fore the case was decided was, in regard to the de- fendant, equivalent to an acquittal* If everything had apparently gone on and been completed regu- larlyi but the augurs afterward discovered that some error had been committed, the whole resolution, whether it was on an election, on a legislative or judicial matter, was invalid, and the whole business had to be done over again.' What we have said hitherto applies only to the comitia tributa as distinct from and independent of the comitia centuriata. The latter assembly was, from the time of its institution by Servius Tullius, in reality an aristocratic assembly, since the equites and the first class, by the great number of their cen- turies, exercised such an influence that the votes »( the other classes scarcely came into considera- tion.' (Vid. Pi-EBEs, p. 783.) Now, as patricians and plebeians had gradually become united into one body of Roman citizens, with almost equal powers, the necessity must sooner or later have become manifest that a change should be introduced into the constitution of the comitia of the centuries in fa- vour of the deraocratical principle, which in all oth- er parts of the government was gaining the upper hand. The object of this change was perhaps to constitute the two kinds of comitia into one great national assembly. But this did not take place. A change, however, was introduced, as is manifest from the numerous allusions in ancient writers, and as is also admitted by all modern writers. As this change was connected with the tribes, though it did not affect the comitia tributa, we shall here give a brief account of it. But this is the more dif- ficult, as we have no distinct account either of the event itself, or of the nature of the change, or of the time when it was introduced. It is therefore no wonder that nearly every modern writer who has touched upon these points entertains his own pecu- liar yievps upon them. As regards the time when the change was introduced, some believe that it was soon after the establishment of the Republic, others that it was established by the laws of the Twelve Tables, or soon after the decemviral legislation ; while from Livy,' compared with Dionysius,' it ap- pears to be manifest that it did not take place till the time when the number of the thirty-five tribes was completed, that is, after the year B.C. 241, per- 1. (Cic, Pro Plane, 14.— Frontin., De Aquaid., p. 129, ed. Bip.)— 9. (Dionys., Tii., 64. — Appian, De Bell. Civ., i., 12.— Liv., viii., 87, &c.) — 3. (Dionys., X., 40. — Liv., xlv., 35.— Ap- pian, De Bell. Civ., i., 12.— Pint., Tib. Gracch., 11, &c. — Dion Cass., xxxix., 34.)— 4. (Cic, Pn Dom., 17.)— 5. (Liv., x., 47.— Id., XXX., 39.— Ascon. ad Cic, C<.mel., p. 68, Orelli. — Cic, De Leg., ii , 12.)— 6. ( VW. Liv., ii., 64.— Id., vii., 18.— Id., x., 37.— Dionya., i , 43, &o.)— 7. (i., 43.)— 8. (iv., 21.) haps in the censorship of C. Flaminius (B.C. 8Si, who, according to Polybius,' made the constitut-iot- more democratical. This is also the opinion of Gei lach" and of Gottling.' In regard to the nature ol the change, all writers agree that it consisted in an amalgamation of the centuries and the tribes ; but in the explanation of this general fact, opinions are still more divided than in regard to the time wher the change was introduced, and it would lead us much too far if we only attempted to state the dif ferent views of the most eminent modern writers. The question is one which still requires a careful and minute examination, but which will, perhaps, remain a mystery forever. In the mean while, we shall confine ourselves to giving the results of the latest investigations on the subject, which have been made by Gottling.* The five classes instituted by Servius Tullius con tinned to exist, and were divided into centuries ot seniores and juniores ;' but the classes are in the closest connexion with the thirty-five tribes, whilf formerly the tribes existed entirely independent ol the census. In this amalgamation of the classe,- and the tribes, the centuries formed subdivisions of both; they were parts of the tribes as well as of the classes.' Gottling assumes 350 centuries in the thirty-five tribes, and gives to the senators and equites their suffragium in the first class of each tribe as seniores and juniores. The centuries of fabri and cornicines are no longer mentioned, and the capite censi voted in the fifth class of the fourth city tribe.* Each century in a tribe had one suffra- gium, and each tribe contairied ten centuries, two (seniores and juniores) of each of the five Classes.' Gottling farther supposes that the equites were comprised in the first class, and voted with it, and that they were even called the centuries of the first class." The raodeof voting remained, on the whole, the same as in the former comitia centuriata. The equites voted with the senators, but the lormer usually among the juniores, and the latter among the seniores.' The following particulars, however, are to be observed. We read of a prsBrogativa in these assemblies, and this might be understood either as a tribus praerogativa, or as a centuria prse- rogativa. If we adopt the former of these possibil ities, which is maiiM.iincd by some modern writers, the ten centuries con'.iined in the tribus praerogativa would have given [iiur siifi'rages^ one after the other, and then the leiiuntiatio, or the announce- ment of the result of thfcir voting, would have taken place after it was ascertained. The inconsistency of this mode of proceeding has been practically demonstrated by Rein ;" and as we know, from the passages above referred to, that the votes were given according to centuries," and according to tribes only in cases when there was no difference of opinion among the centuries of the same tribe, we are obliged to suppose that the praerogativa was a century taken by lot from all the seventy centu- ries of the first class, two of which were contained in each of the thirty-five tribes, and that all the cen- turies of the first class gave their votes first, that is, after the prasrogativa. From the plural form prcerogativa, it is, moreover, inferred that it consist- ed of two centuries, and that the two centuries of the first class contained in the same tribe voted to- 1. (ii., 21.)— 2. (Die Ve-5t»8ung des Servius Tullius, p. 32, &(!.)— 3. (Gesch. der R8m. Stcatsv., p. 382.)— 4. (p. 380, &c.)— 5. (Liv., iliii., 16.— Cic, Philip., ii., 33.— Id., Pro Place, 7. • H., Do Rep., iT., 2. — Sallust, Jug., 86.— Pseadc-Sallust, De- Rep. Ordin., 2, 8.)— 6. (Cic, Pro Plane, 20.— Id., De Leg., ii., 2.— De Petit. Cons., 8.)— 7. (Val. Max., vi., 5,« 3.)— 8. (Liv., xUii., 16.)— 9. (Cic, De Hep., iv., 2.— De Petit. Cons., 8.)-il0 (in Pauly's Real. Eiicyclop. der Alterthumswiss., ii., p. 556( n7 TRIE us. TRIbUTljM. geither.' II ah in me passage of Pseudo-Asconius, a tribus praiiogativa is mentioned in the comitia centuriata, it can only mean ttie tribe from which the praerogativa centuria is taken by lot, for a real tribus praerogativa only occurs in the comitia tribu- ta. The century of the first class drawn by lot to be the prserogativa was usually designated by the name of the tribe to which it belonged, e. g., Gale- ria juniorum," that is, the juniores of tiie first class in the tribus Galeria ; Aniensis juniorum ;' Veturia juniornm,* &c. C. Gracchus wished to make the mode^of appointing the centuria praerogativa more democratical, and proposed that it should be drawn from all the five classes indiscriminately ; but this proposal was not accepted." When the praeroga- tiva had voted, the result was announced {renunli- are), and the other centuries then deliberated wheth- er they should vote the same way or not. After this was done, all the centuries of the first class voted simultaneously, and not one after another, as the space of one day would otherwise not have been sufficient. Next voted, in the same manner, all the centuries of the second, then those of the third class, and so on, until all the centuries of the classes had voted. The, simultaneous voting of all the centuries of one class is sometimes, for this very reason, expressed by prima, or secunda classis mcatur.'' When all the centuries of one class had voted, the result was announced. Respecting the voting of the centuries the following passages may also be consulted : Cic, Pro Plane., 20 ; in Verr., v., 15; Post Red. in Senat., 11; ad Quiril., 7. — Liv., X., 9, 22 ; xxiv., 7 ; xxvi., 22. It seems to have happened sometimes that all the centuries of one tribe voted the same way, and in such cases it was convenient to count the votes according to tribes instead of according to centuries.' These comitia of the centuries, with their altered and more democratical constitution, continued to exist, and preserved a great part of their former power along with the comitia tributa, even after the latter had acquired their supreme importance in he Republir;. During the time of the moral cor- ruption of the Romans, the latter appear to have jeen chiefly attended by the populace, which was guided by the tribunes, and the wealthier and more respectable citizens had little influence in them. When the libertini and all the Italians were incor- porated in the old thirty-five tribes, and when the political corruption had reached its height, no trace of the sedate and moderate character was left by which the comitia tributa had been distinguished in former times.* Violence and bribery became the order of the day, and the needy multitude lent will- ing ears to any instigations coming from wealthy bribers and tribunes who were mere demagogues. Sulla, for a time, did away with these odious pro- ceedings ; since, according to some, he abolished the comitia tributa altogether, or, according to oth- ers, deprived them of the right of electing the sa- cerdotes, and of all their legislative and judicial powers.' (Compare Tkibbnds.) But the constitu- tion, such as it had existed before Sulla, was re- stored soon after his death by Pompey and others, with the exception of the jurisdiction, which was forever taken from the people by the legislation of Sulla. The people suffered another loss in the dic- 1 {Cic, PLilip., ii., 33.— Fest , s. v. Pnerogativs. — Pseudo- Aacon in Cic, VeiT., p. 139, ed. Orelli.— Liv., x., 22.)— 2. (Liv., xiTii., 6.)— 3. (Liv., xiiv., 7.)— 4. (Liv., xxvi., 22.)— 5. (Pseu- do-Sal.ust, De Rep. Ordin., 2, 6.)— 6. (Cic, Philip., 1. c— Com- pare Pseudo-Ascon. in Cic, Verr., p. 139, Orelli.)— 7. (Cic. ail Art., i., 16.— Id. ib., iv., 15.— Id., De Leg. Agi., ii., 2.— Id., Pro Plane. , 22. — Polyb., vi., U. — Liv., v., 18. — Id., xl., 42. — Id., Epit., 49. — Suet., Jul., 41, 48, 80, - TavaTr^ripav), so as to form altogether 100 smaller symmorise. The number of triremes, according to this scheme, was to be 300, classed in 30 divisions of 15 ships : each of these divisions was to be as- signed to one of the 20 larger symmoriae, so that 1. (Harpoc.r., s. v. — Compare Dem., De Symmori, 183.) — 2. JDem., Pro Coron., 261.)— 3. (Bdckh, PubLEcon. of Athens, ii., p. 346.— Urkunden, &c.., 181.)— 4. (De Goron., 261. )-5. (Dem., Pro Cor., 329 ; o. Euerg. et Mnesib., 1145.) —6 (De Symraor., 183 17.)-7. (1. c.) 1012 each of the smaller would receive three ; and in cas« of 300 ships being required, four trierarchs woulp be appointed to each. Moreover, each of the great er symmorise was to receive the same amount of the public stores for equipment, in order that they might apportion it to the smaller classes. With a view to levying the crews, and for other purposes^ the generals were to divide the dockyards into ten parts for 30 ships' stations (vEiiaompi} adjacent to each other, and to assign each of these parts to a tribe, or two large symmoriae of 30 ships. These ten parts were to be subdivided into thirds,, each of which was to be assigned to a third part (TptrrSf) of the tribe to whom the i whole was allotted, so that each third would receive ten ships. Whether this scheme was put into practice does not appear, but it seems that it was not, for the mismanagenient of the trierarchy appears to have continued till De- mosthenes carried; his law about the '^ Trierarchy according to the Valuation." One of the chief evils connected with it was, that the triremes were never equipped in time ; and as Demosthenes' complains of this in B.C. 352, we may conclude that his pro- posal fell to the ground. But these evils were too serious to remain without a remedy ; and therefore, when the orator was the eTrjuran^f tov vavriKov, oi the superintendent of the Athenian navy, he brought forward and carried a law for altering and impro- ving the system of the symmoriae and companies, the members of which no longer called themselves trierarchs, but partners {avvreXdc),' thereby intro- ducing the " fourth form of the trierarchy." The naval services required from every citizen were to depend upon and be proportional to his property, or, rather, to his taxable capital {Tiiiriiia : m'd.Eis- phoba), as registered for the symmorise of the prop- erty taxes, the rate being one trireme for every ten talents of taxable capital, up to three triremes and one auxiliary vessel {ijr7ipeaiov){oi the largest prop- erties ; i. e., no person, however rich, could be re- quired to furnish more. Those who had not ten talents in taxable capital were to club together in synteleiffi till they had made up that amount; and if the valuation of the year of Nausinicus (B.C. 379) was still in force, the taxable capital (for the ll)gh^ est class) was one fifth of the whole. By this law great changes were effected. All persons paying taxes were rated in proportion to their property, sc that the poor were benefited by it, and the state likewise : for, as Demosthenes' says, those who had formerly contributed one sixteenth to the trierarchy of one ship were now trierarchs of two, in which case they muist either have served by proxy, or done duty in successive years. He adds that the consequences were highly benefioial. During the whole war, carried on after the law was in force, no trierarch implored the aid of the people (lusTri- plav t0riK.e), or took refuge in a temple, or was put into prison by the persons whose duty it was to de- spatch the fleet (ot a*oijTb/le(f), nor was any trireme lost at sea, or lying idle in the docks for want of stores and tackle, as under the old system, when the service (to 'Kurovpyelv) fell on the poor. The duties and services to which the trierarchs were subject under the new law were probably the same as under the third form of the trierarchy, the syin moriae. ! On the relation which, in this system, the cost of a trierarchy bore to the property of a trierarch, Bockh makes the following remarks, which may be verified >,y a reference to Eisphoka : " If we reckon that, as formerly, it cost about a talent, the total expense of the trierarchs, for 100, 200, or 300 tri- rrmes, amounted to an equal number of talents, oi a sixtieth, a thirtieth, and a twe ntieth of the valua- 1 (Phil., 50.)— 2. (Id., De Coron., 260.)— 3. (De Coron., 261.' TRIERARCHIA. TKIERARCHIA. Hon of Attica ; J. e., for the first class one third, Iwo thirds, and one per cent, of their property : for the poorer a proportionally less amount : and of the annual incomes, taken as a tenth part of the prop- erty, 3J, 6| and ten per cent, for the most wealthy. But we may reckon that Athens at that time had not more than 100 or 200 triremes at sea, very sel- don, 300 ; so that this war-tax did not, for the rich- est class, amount, on an average, to more than one third, and two thirds per cent, of their property." This arrangement of Demosthenes was calciiteted for 300 triremes, for which number 300 persons serving in person would be necessary, so that the chief burden must have fallen upon the leaders of the former symmorise. The year of passing this law Bookh fixes at B.C 340 or 339. How long it reraained in force is uncertain. In the speech for the Crown (B.C. 330), where much is said on the subject of the trierarchy, it is neither mentioned t'nat the law was in existence, nor that it was re- pealed ; but Demosthenes' says that .^Eschines had been bribed by the leaders of the symmoriae to nul- lify it. It appears, then, that the trierarchy, though the most expensive of the liturgies, was not of necessi- ty oppi:essive, if fairly and economically managed, though this, as has been before observed, was not always the case." With respect to the amount of property which rendered a man liable to serve a trierarchy or syn- trierarchy, Bockh' observes, ',' I am aware of no instance of liabihty arising from a property of less value than 500 minae : and as an estate of one or two talents never obliged the possessor to the per- formance of any liturgy,' the assertion of Isaeus,* that many had served the otEce of trierarch whose (•roperty was not more than 80 minae, obliges us (if true) to suppose that public-spirited individuals were sometimes found to contribute to a trierarchy (rath- er, perhaps, to a syntrierarohy) out of a very small property." The disadvantages which in later times resulted t/om the trierarchs not being ready for sea by the tiihe for sailing, were in early times prevented by their appointments being made beforehand, as was the case with the trierarchs appointed to the 100 ships which were reserved at the beginning of the Peloponnesian war against an attack upon Athens by sea. The appointment to serve under the first and sec- ond forms of the trierarchy was made by the strat- egi ;' and in case any person was appointed to serve a trierarchy, and thought any one else (not called upon) was better able to bear it than himself, he offered the latter an exchange of his property {vid. Antidosis), subject to ,he burden of the trier- archy. In cases of extreme hardship, persons became suppliants to the people, or fled to the altar of Ar- temis at Munychia. If not ready in time, they were sometimes liable to imprisonment (Svoxoi. Sea- fJV')- Thus, on one occasion,' the trierarchs were, by a special decree, subjected to imprisonment if Ihey were not off the pier (x/^fia) by the end of the month ; on the contrary, whoever got his ship ready first was to be rewarded with the " crown of the trierarchy," so that, in this way, considerable em- iilatj yi ■jjid competition were produced. Moreover, the tri^ra/chs were iKsvBvvoi, or liable to be called to account for their expenditure, though they ap- plied their own property to the service of the state.' 1. (p. 3290—2. (Demosth., o. Polycl.)— 3. (ii., 367.)— 4. (De- mosth., c. Aphob., p. 833.)- 5. (De Dic«og. heied., p. 54.)— 6. (Demosth., 0. Lacr., p. 1)40, 16. )-7. (1 1., De Coron., 262, 15.)— B (Id., Do Coron. Trier., 1229, 6.)— 9. (Id., o. Polyol., 1222, II. — .ffi«cliia.,'o. Cte«iph., 56.) But they also received money out of the treasury for various disbursements, as the pay of the soldiers and sailors, and the extra hands (iirtipema): thus, on one occasion, each trierarch is stated to have received 30 minae, «f emjrXow.' The trierarchs may also have been considered innidvvoi, from be- ing required to show that they had performed their duties properly. The sacred triremes, the Paralus and Salamis, had special treasures (vid. Tamiai, p. 950) appointed to them," and, on the authority of Ulpian,' it has been believed that the state acted as trierarch for each of them; but in the inscriptions quoted by Bockh,* no difference is made between the trierarchs of the Paralus and other vessels, and therefore it would seem that the state appointed tri- erarchs ;for them as well as for other vessels, and provided out of the public funds for those expenses only which were peculiar to them. IV.' On' the exemption from the trierarchy i — By an ancient law; in fofce B.C. 355," no person (but minors and females) could claim exemption from the trierarchy who were of sufficient wealth to perform it, not even the descendants of Harmodiua and Aristogiton. But from Isaeus' it appears that, in the time of the single trierarchy, no person could be compelled to serve a second time within two years after a former service (dvo Irrj dtaXiirav). The nine archons also were exempt, and (be trier- archy was a ground of exemption from ti.e other liturgieSj any of which, indeed, gave an exemption from all the rest during the year next following that of its service.' But all property was not subject to the service, as we learn from Demosthenes,* who tells us that a person was exempt if ddwarof, or unable to serve from poverty ; so also were " wards, heiresses, or phans, cleruchi, and corporate bodies." Of course, an heiress could only claim exemption while un- married. Wards, also, were free from all liturgiet during their minority, and for a year after their Sont/iaaia.' By kXtipovxoI are meant colonists, who, while absent by the command of the state, could not perform a trierarchy. The tu kowuviku. admits of doubt, but it probably means the property of joint tenants, as brothers or co-heirs, which had not yet been apportioned to them,'" or it may refei to mon- eys invested in partnership. Moreover, though the proper duration of a trierarchy was a year, it was legally dissolved if the general furnished no pay to the soldiers, or if the ship put into the Piraeus, it being then impossible to keep the sailors together." V. On the legal proceedings connected with the tri- erarchy. — These were either between individual trierarchs, or between trierarchs 9nd the state, and therefore in the form of a Diadicasia. They gen- erally arose in consequence of a trierarch not de- livering up his ship and her rigging in proper order, either to his successor or to the state. If he alleged that the loss or damage of either happened from a storm, he was said OK^faadai Kara ;f Ei/iw^a diroAu- Aevoj, and if his plea were substantiated, sSo^ev kv tC> SiKaaniplif k. t. X. , Vessels or furniture on which a trial of this kind had been held, were said to be diaSediicaafiEva. The presidency of the courts which tried matters of this sort was vested in the strategi, and sone- times in the superintendents of the dockyard, in conjunction with the ajToaTo^el;. The senate also appears to have had a judicial power in these mat- ters : eg-., we meet in various inscriptions with the phrase olSe'ruv rpitipapxuv, iyv idiirXuaev i; ^ov- 1. (Dem.. De Coron. Trier., 1231, 14.) — 2. (Pollux, Onom., viii., 116.) — 3. (ad Dem., c. Mid., 686.)— 4. (UrJiuoden, &c., 169.) — 5. (Dem., c. Lept.) — 6. (De ApoU. herod., 67.) .- 7 (Dem., c. Lept., 459 and 464.) — 8. (De Symm., 182, 14.)— 9 (Lysias, c. Diogit., 908.)— 10. (Pollux, Oiiom..Tiii.. 1 14.)— II (Dem., c. Polycl., 1209.) loia TRIOBOLON. TRIPuS. t^ T^v rpiripri. Bockh conjectures that the trier- irchs of whom this is said had returned their ships In such a condition that the state might have called upon them to put them in thorough repair or to re- build them, at a cost for an ordinary trireme of 5000 drachmae. Supposing that they were not re- leased from this liability by any decree of a court of justice, and that the rebuilding was not completed, he conceives that it must have been competent (in a clear and flagrant case) for the senate to have in- flicted upon them the penalty of twice 5000 drach- mae, the technical phrase for which was " doubling the trireme.'" The phrase i>iio7i,oyfiaev rpv^pri kolvtiv ivoduaeiv, which occurs in inscriptions, does not apply to an undertaking for giving a new trireme, but merely lor putting one in a complete state of repair. The phrase (jiaivetv ttTioIov,' to lay an information against a vessel, is used, not of a public ship, but of a private vessel, engaged, perhaps, in smuggling or privateering. TRIEROPOIOI {rpiripomioC). {Vid. Ships, p. 891.) *TRIGLA {rpiyXa), a fish, the red Surmullet, or MuUus barbatus, L. It is from six to nine inches long, and was a great favourite with the ancient epicures.' TRIGON. (Jid. PiLA.) TRILIX. {Vid. Tela, p. 956.) TRINU'NDINUM. _ (Vid. Nundin^, p. 668.) TRIO'BOLON (TjOjufio^oji), or Tpuj6o?iov fj^.taan- Kov, was the fee of three oboli which the Athenian citizens received for their attendance as dicasts in the courts of the heliaea, whence it is also called utoflof imacTLKoq, or to SiKaaniiov. This pay had been first introduced by Pericles.* It is generally upposed from Aristophanes,' who makes Strepsia- des say that for the first obolus he ever received as a dicast he bought a toy for his son, that at first the SmaaTiKov was only one obolus. According to the scholiast on Aristophanes," the pay was subse- quently increased to two oboli, but this seems to be merely an erroneous inference from the passage of his author. Tliree oboli, or the rpiuSoAov, occurs as early as B.C. 425 in the comedies of Aristopha- nes, and is afterward mentioned frequently.' BoCkh' has inferred from these passages that the triobolon Wiis introduced by Cleon about B.C. 421 ; but G. Hermann^ has disputed this opinion, at least so far as it is founded upon Aristophanes, and thinks that the pay of three oboli for the dicasts existed before that lime. However this may be, thus much Is certain, that the pay of the dicasts was not the same at all times, although it is improbable that it should ever have been two oboh." The payment was made after every assembly of a court of helias- taj by the colacretse" in the following manner. Af- ter a citizen had been appointed by lot to act as judge in a particular court, he received, on entering the court, together with the staff (PaKTtjpia or pij.6- (Jof), a tablet or ticket (oii/jfioilov). After the busi- ness of the court was over, the dicast, on going out, delivered his ticket to the prytanes, and received his fee in return.'" Those who had come too late had no claim to the triobolon." The annual amount of these fees is reckoned by Aristophanes'* at 150 1. (Urkunden, &c., 228.)— 2. (Dem., c. Lacr., 941.)— 3. (Aris- tot., 11. A., ii., 17, &c. — .£lian, ii.,.41, &c. — Adams, Append., 8. V.)— 4. (Aristot., Polit., ii., 9, p. 67, ed. Gattling.— Plat., Per- icl., 9.— Plat., Gorg., p. S15.)— 6. (Nab., 840.)— 6i (Rail., 140.) — 7. (Aristoph., Equit:, 51, 255.— Vesp., 584, 654, 660. — Ran., 1540, &c.) — 8. (Staatsh., i., p. 252.)— 9. (Pnef. ad Aristoph., Nub., p. 1, &c,, 2d edit.)^10. (Aristot. ap. Schol. ad Aristoph., Vesp., 682. — Hesych., s. v. AiKaanKdv. — Suidas, s. v. 'HXtiw rat.) — 11. (Lucian, Bis accusat., 12, 15.) — 12. (Schol. ad Aris- toph., Plut , 277. — Suidas, s, v. BaKrripia. — Etymol. Mag., s. v. SimSoAoVi — Pollux, Onom., viii., 16.) — 13. (Aristoph., Vesp., •63.)- 14. (Vesp., 560, > rode the grown-up sons of the imperator, together with the legati, the tribuni," and the equites, all on horse- back. 13. The rear was brought up by the whole body of the infantry in marching order, their spears adorned with laurel," some shouting I'j Triumphe,-* and singing hymns to the gods, while others pro- claimed the praises of their leader, or indulged in keen sarcasms and coarse ribaldry at his expense, for the most perfect freedom of speech was granted and exercised." The arrangement of the procession, as given above, is taken, with some changes, from the trea- tise of Onuphrius Panvinius, De Triumpho, in the 9th volume of the Thesaurus of Graevius. The differ- ent particulars are all collected from the accounts transmitted to us of the most celebrated triumphs, such as that of Pompey in Appian," of Paulus /Emilius in Plutarch" and in Livy," of Vespasian 1. (Plin., H. N., xv., 38, 39. )— 2. (Plir.., H. N., jtxiii., 36.)— t. (LiT., xlv., 40.— Tacit., Ann., ;i., 41.)— 4. (Dion Caas., li., 16. -Id., Ixiii., 20.)— 5. (Plin., H. N., xmiii., 4.— Id. ib., xxviii., 7. — Zonar., vii., 21.) — 6. (Plin., H. N., jxviii, 7. — Zonar., vii., il.)— 7. (ApoL, 33.)— 8. (1. c.)— 9. (xvlji., ii.)— 10. (xiviii., 7.) -II. (Zonar., 1. o.)— 12. (Cic. in Pis., 25.)— 13. (Plin., xv., 40.) —14. (Varro, De Ling. Lat., v., 7, ed. Muller.— ^Hor., Cann., iv., t, 49.— TibuU., ii., 6, 121.)— 15. (Liv., iv., 53.— Id., v., 49.— Id., xn., 38.— Dionys., yii., 72.— Suet., Jul., 49, SI.— Mart., I., v., D— 16 (BeU. Mith., 116, 117.)— 17. (Paull., 32.)— 18. (xlv., 40,) 1018, and Titus in Josephus,' and of CamiUus in Zona ras,* together with the remarks of Dionysius,' Ser vius,* and Juvenal.? , Just as the pomp was ascending the Capitoljiie Hill, some of the hostile chiefs were led aside into the adjoining prison and put to death, a custom so barbarous that we could scarcely believe that it ex- isted in a civilized age were it not attested by the most unquestionable evidence.' Pompey, indeed, refrained from perpetrating this atrocity in his third triumph,' and Aurelian, on like occasion, spared Zenobia, but these are quoted as exceptions to the general rule. When it was announced that these murders had been completed,' the victims were then sacrificed, an offering from the spoils was pre- sented to Jupiter, the laurel wreath was deposited in the lap of the god,* the imperator was entertain- ed at a public feast along with his friends in the temple, and returned home in the evening preceded by torches and pipes, and escorted by a crowd of citizens." Plutarch" and Valerius Maximus" say that it was the practice to invite the consuls to this banquet, and then to send a message requesting them not to come, in order, doubtless, that the im- perator might be the most distinguished person in the company. The whole of the proceedings, generally speak- ing, were brought to a close in one day ; but when the quantity of plunder was very great, and the troops very numerous, a longer period was required for the exhibition, and thus the triumph of Flaminius continued for three days in succession." But the glories of the imperator did not end with the show, nor even with his life. It was custom- ary (we know not if the practice was invariable) to provide him, at the public expense, with a site for a house, such mansions being styled triumphalea domus}* After death, his kindred were permitted to deposite his ashes within the walls (such, at least, is the explanation given to the words of Plutarch"), and laurel-wreathed statues, standing erect in tri- umphal cars, displayed in the vestibulum of the family mansion, transmitted his fame to posterity. A Tbiumphus Navalis appears to have differed in no respect from an ordinary triumph, except that it must have been upon a smaller scale, and would be characterized by the exhibition of beaks of ships and other nautical trophies. The earliest upon record was granted to C. Duillius, who laid the foundation of the supremacy of Rome by sea in the first Punic war ;" and so elated was he by his suc- cess, that during the rest of his life, whenever he returned home at night from supper, he caused flutes to sound and torches to be borne before him." A second naval triumph was celebrated by Lutatius Catulus for his victory off the Insulse .lEgates, B.C. 241 ;" a third by Q. Fabius Labeo, B.C. 189, over the Cretans ;" and a fourth by C. Octavius over King Perseus,^" without captives and without spoils. Teihmphus Castrensis was a procession of the soldiers through the camp in honour of a tribunu*, or some oflicer inferior to the general, who had per- formed a brilliant exploit."' After the extinction of freedom, the emperor heir g considered as the commander-in-chief «if all tl» armies of the state, every military achievement was understood to be performed under his auspices, and 1. (B. J., Tii., 5, H, 5, 60— 2. (vii., ai.)-3. (ii., 34; t , 47.) —4. (ad Viig., jffin., iv., 543.)— 5. (Sat., x., 3&-45.)— 6. (Cicim// Vetr., II., v., 30.- Liv., xxvi., 13.— Joseph., vii., 24.)— 7. (Ap// pian. Bell. Mithvid., 117.)— 8. (Joseph., 1. c.) — 9. (Senec.,"C6u / sol. ad Helv., 10. — Plin., II. N., xv., 40.— Pliu., Paneef., 8,--/ Stat., Sylv., iv., 1, 41.)-10. (Flor., ii., 1.)— 11. (Q. II., 77,)-) IS. (ii.,8,«6.)— 13. (Liv., xxxix., 62.— Plant., .Smil.Faull., 32.1 — 14. (Plin.,H.N., ixxvi., 24,46.)- IS. (Q.R.,78.)— 16. (LivJ, Epit., xvii.— Fast. Capit.)— 17. (Flor.,ii, 1.— Cic.,Oat.Maj., 13/) —18. (Val.Mai.,ii.,8, a.^Fast Capit.)— 19. (Liv., xxxvii. C —20. (Liv,, xlv., 43.)— ?1. (Liv., vii., 36.) TRIUMVlKl. I'RIUMVIRl. Hence, according to the forms of even the ancient constitution, he alone had a legitimate claim to a triumph. This principle was soon fully recognised and acted upon ; for, although Antonius had granted triumphs to his legati,' and his example had been freely followed by Augustus" in the early part of his career, yet after the year B.C. 14' he entirely dis- continued the practice, and from that time forward triumphs were raiely, if ever, conceded to any ex- cept members of the imperial family. But to com- pensate in some degree for what was then taken away, the custom was introduced of bestowing what was termed Triamphalia Ornamenta, that is, permis- sion to receive the titles bestowed upon, and to ap- pear in public with the robes worn by the impera- tores of the commonwealth when they triumphed, and to bequeath to their descendants triumphal statues. These triumphalia ornamenta are said to have been first bestowed upon Agrippa* or upon Tiberius,' and ever after were a common mark of the favour of the prince." The last triumph ever celebrated was that of Belisarius, who entered Constantinople in a quad- riga, according to the fashion of the olden time, after the recovery of Africa from the Vandals. The total number of triumphs upon record down to this period, has been calculated as amounting to 350. Orosius' reckons 320 from Romulus to Vespasian, and Pitiscus" estimates the number from Vespa- sian to Behsarius at 30. TRIUMVIRI or TRESVIRI were either ordi- nary magistrates or officers, or else extraordinary commissioners, who were frequently appointed at Rome to execute any public office. The following is a list of the most important of both classes, ar- ranged in alphabeticEil order. Teidmviei Aged Dividundo. (Fid. Triumviri Co- LONI.S DEDnCENDJ2.) Triumviei Capitales were regular magistrates, first appointed about B.C. 292.' The institution of their office is said to have been proposed by L. Papirius, whom Festus'" calls tribune of the plebs, but whom Niebuhr" supposes to be L. Papirius Cursor, who was praetor in B.C. 292. They were elected by the people, the comitia being held by the praetor." They succeeded to many of the functions of the quaestores parricidii.'' ( Vii. Qu^stoe, p. 828.) It was their duty to inquire into all capital crimes, and to receive informations respecting such," and, consequently, they apprehended and committed to prison all criminals whom they de- tected." In conjunction with the sediles, they had to preserve the public peace, to prevent all unlaw- ful assemblies, &c." They enforced the payment of fines due to the state." They had the care of public prisons, and carried into effect the sentence Oi" the law upon criminals." In these points they resembled the magistracy of the Eleven at Athens. ( Vid. El^^en, The.) They had the power of inflict- ing summary punishment upon slaves and persona of lower rank : their court appears to have been near the Maenian column." Niebuhr,"° who is fol- lowed by Arnold," supposes that they might inflict summary punishment on aU offenders against the gublicpeace who might be taken in the fact ; but , xlix., 42.)— 2. (Suet., OctaT., 38.— Dion Cass., (Dion Ciiss., liv., 24.) — 4. (Dion Cass., 1. o.)— , 9.)— 6. (Tacit., Ann., i., 72.— Id. ib., ii., 52.— c- Id., Hist., i., 79.— Id. ib., ii., 78, be hung upon the hook when occasion required." Vitruvitis'' explains the principle of the steelyard, f-ld mentions the following constituent parts of it : <,'iC scale (laneula), depending from the head (caput), ' near which is the point of revolution (centrum) and (Strab., iii., p. 156.— Plin., H. N.,iii., 3.— Dion.Gam., xli., M.— Ssai.. ap. Serv:. in Virg., iSn., xi., 6.).7t'2. (Dion Cass., xlii., 48.)— 3. (Id., li., 1.— Florus, ir., 12.)-4. (Suet., Jul., 11.)— 5. (Schol. in Aristoph.; Av., 78.)— 6. (Non. Marcell., p. 19, ed. Merceri.) — 7. (Varro, L. L., v., 118, ed. Milller.),— 8. (Cic, Veti.,1, ■"!., 27.— Hor., Sat.Lii., 3, 144.)— 9. (Eapolis, p: 174, ed-Hunkel.)— 10. (Col., De Be Rust., ix.,]8.) — 11. (Pallad., JDe Re Rdst., i., 13, 15.)— IS. (Exc. in Asial Minor, p. 153.)^13. (Nfflii Marcell., p. 547, ed. Merceri.) — 14. (Id., p. 180.)^15. (Vam, L. L., v., 183, ed. MuUer.) — 16. (Orig., ivi., 84.) — 17. .Mus Capit., c. li., p. 213.)— 18. (x., 3, s. 8, t 4.) the handle (ansa).- On the other side of the centio from the scale is the beam (scapus), with the weight or equipoise (aquipondium), which is made to move along the points (per puncta) expressing the weights of the different objects that are put into the scale. ♦TRYGON (rpvyov); the Turtle-dove, or Colnm- ha turtur, L.' *II. A species of Skate or Rayj the Fire-flaire, or Raja pastinaea, L., the same as the Trygon pasti- naca, Adanson." , TUBA (oa/lmyf), a bronze trumpet, distinguished from the cornu by being straight, while the latter was curved : thus Ovid,' " Non tuba directi non aris cornua Jlezi."* Facciolatij in his Lexicon,' is mistaken in supposing that Aulus Gellius and Macrobius,' who copies him, intend to affirm that the tuba was crooked. The words of the former do not mean that both the lituus and the tuba were crooked, but that both thai kind of trumpet which was called a htuus and also the staff of the augur were crooked, and that it was doubtful which of the two had lent its name to the other. ( Vid. LiTaus.) The tuba was employed in war for signals of every description,' at the games and public festi- vals,' also at the last rites to the dead (hinc' tuba, candeW) , and Aulus Gellius" tells us, from Atteius Capito, that those who sounded the trumpet at fu- nerals were termed silicines, and used an instrument of a peculiar form. The tones of the tuba are rep- resented as of a harsh and fear-inspiring character (fractos sonilus tubaruni ;" terribilem sonitum are canoro"), which Ennius'* endeavoured to imitate in the line "At tuba terribili sonitu taratantara dixit." The invention of the tuba is usually ascribed bj ancient writers to the Etruscans," and the epithet JiflBToaa'KTnyKTai (i. e., robber-trumpeters") would seem to indicate that they had made it famous by their piracies. It has been remarked that Homei never introduces the o-a^rayf in his narrative but in comparisons only," which leads us to infer that, although known in his time, it had been but recent- lyintroCuced into Greece ; and it is certain that, notwithstanding its eminently martial character, it 1. (Adams, Append., s. v.) — 2. (Aristot., H. A., i., 5, &c.— .^lian, N; A., i'., 37, &c.' — Adams, Append., s. v.)— 3. (Met., i 98.)— 4. (Compare Veget., iii., 5.).-5. (s. v. Tuba.)^6. (v., 8.)^ 7. (Macrob., Sat., vi., 8.) —8. (Tacit., Hist., ii., 29. — Cies., B C, iii., 46.— Hirt., B. G., viii., 20.— Liv., xxxix., 27.)— 9. (Juv , ■vi., 249 ;. X., 214.— Virg., ^n., v., 113.— Ovid, Fast., i., 716.)— 10. (Pers.,iii., 103.— Virg, Ma., xi., 191.— Ovid, Hcroid., Ili., 140.— Amor., II., vi., 6.)— 11. (xx., 2.)— 12. (Virg., Georg., iv., 78.)— 13. lid,, Mn., ix., 503.)— 14. (Serv. ad Virg.,1. c— Com pAre:Priscian, viii., 18, 103, ed. Krehl.) — 15. f Athen., iv.', p. 82 -rsPoUui, Onom., iv., 85, 87.— Diodor., v., 40. —Serv. ad Virg., iSn., viii., 516. — Clem. Alex., Strom., i., p. 306.)— 16. (Phot and Hesych., s. T.— Pollux, 1. o.)— 17. CIl., iviii., 219 , xxi 368 — Eustath. and Schol.) 1021 TUMULTUAiill. TUNICA. was not until a late period used in the armies of the leading states. By the tragedians its Tuscan ori- gin was fully recognised : Athena, in .lEschylus, orders the deep-toned, piercing Tyrrhenian trumpet to sound ;' Ulysses, in Sophocles," declares that the accents of his beloved goddess fell upon his ears like the tones of the brazen-mouthed Tyrrhenian bell (kuSuvo;, i. e., the bell-shaped aperture of the trumpet), and similar epithets are applied by Eurip- ides,' and other Greek* and Roman writers {Tyrrhe- nus clangor;^ Tyrrhence dangore tubce'). Accord- ing to one account, it was first fabricated for the Tyrrhenians by Athena, who, in consequence, was worshipped by the Argives under the title of StiX- myf,' while at Rome the tubilustrium, or purifica- tion of sacred trumpets, was performed on the last day of the Quinquatrus. (Vid. Qcinquateus.) In another legend the discovery is attributed to a mythical king of the Tyrrhenians, Maleus, son of Hercules and Omphale ;' in a third to Piseeus the Tyrrhenian ;' and Silius has preserved a tradition," according to which the origin of this instrument is traced to Vetulonii.'' There appears to have been no essential differ- ence in form between the Greek and Roman or Tyrrhenian trumpets. Both were long,, straight bronze tubes, gradually increasing in diameter; and 'flrminating in a bell-shaped aperture. They pre- sent precisely the same appearance on monuments of very different dates, as may be seen from the cuts annexed, the former of which is from Trajan's column, and the latter from an ancient fictile vase.'" The scholiast on the Iliad" reckons six varieties of trumpets ; the first he calls the Grecian (rd/lmyf which Athena discovered for the Tyrrhenians, and the sixth, termed by him kut' k^6xw, the TvparjVLKri udXiri/y^, he describes as bent at the extremity (/tu- iva KeKT^aanevov J^fouffa) ; but by this we must un- questionably understand the sacred trumpet {Upari,- Kii aOXiriy^*), the litmis already noticed at the be- ginning of this article." TUBILU'STRIUM. (Jid. QniNQUATRus.) TULLIA'NUM {Vid. Cakcee.) TUMBOS (Tuii6o^). (Vid. Funhs, p. 457.) TUMULTUA'RII. (Jid. Tumulths.) 1. (Eiimen., 667.)— 2. (Aj., l"?.)— 3. (Phffln., 1376.— Heracl., 830.)— 4. (Auctor,, Hhes., 988.— Bnjnok, Anal., torn, ii., p. 142.) —5. (Virg., a;ii., Tiii., 526.— Stat.,Thel).,iii.,650.)— 6. (Silius, ii., 19.)— 7. (Schol. ad Horn., II., xriii., 219, e. cod, Vict.— Pans., «., 21, 1) 3.)— 8. (Lutat. ad Stat., Theb., it., 224 ; vi., 404.— Hygin., Fab., 274.— Schol. ad Horn., 1. c.)— 9. (Plin., H. N., vii., 57.— Photias, s. v.) — 10. (viii., 490.)— 11. (MUUer, Die Etmsker, IV., i-, 3, 4, 5.) — 12. (Hope, Costumes of the Anc, pi. 156.)— 13. (I. c.V 14. (Lvdns, De Mens., iv., 6.)— 15. (Compare 'onan, i., 431.) 1022 TUMULTUS was the name given to a suddeu or dangerous war in Italy or Cisalpine Gaul, and the word was s.ipposed by the ancients to be a contrac- tion of timor mvltus'- (tamiUtus dictus, quasi timar muUas'). It was, however, sometimes applied to a sudden or dangerous war elsewhere ;" but this does not appear to have been a correct use of the word. Cicero* says that there might be a war without a tumultus, but not a tumultus vnthout a war ; but it must be recollected that the word was also applied to any sudden alarm respecting a war ; whence we find a tumultus oilen spoken of as of less importance than a war,' because the results were of less con sequence, though the fear might have been much greater than in a regular war. In the case of a tumultus there was a cessation from all business ( justiiium), and all citizens were obliged to enlist, without regard being had to the exemptions (vacationes) from military service which were enjoyed at other times.' As there was not time to enlist the soldiers in the regular manner, the magistrates appointed to command the army displayed two banners (vexilla) from the Capitol, one red, to summon the infantry, and the other green, to summon the cavalry, and said, ." Qui rempublicam salvam vult, me seguatur." Those that assembled took the military oath together, instead of one by one, as was the usual practice, whence they were called conjurati, and their service conjuratio.'' Sol- diers enlisted in this way were called Tumultudrii or Subitani.^ TU'NICA (xiTuv, dim. xtTuvtitKOQ, x^™vtov), an under-garment. The chiton was the only kind of evSv/ia or under-garment worn by the Greeks. Of this there were two kinds, the Dorian and Ioni- an. The Dorian chiton, as worn by males, was a short woollen shirt without sleeves ; the Ionian was a long linen garment with sleeves. The under- garment, afterward distinguished as the Dorian, seems to have been originally worn in the whole of Greece. Thucydides' speaks as if the long linen garment worn at Athens a little before his time was the most ancient kind, since he attributes the adop- tion of a simpler mode of dress to the Lacedaemoni- ans, but we know with tolerable certainty that this dress was brought over to Athens by the lonians of Asia." It was commonly worn at Athens during the Persian wars, but appears to have entirely gone out of fashion about the time of Pericles, from which time the Dorian chiton was the under-garment uni- versally adopted by men through the whole of Greece." The distinction between the Doric and Ionic chiton still continued in the dress of women. The Spartan virgins only wore this one garment, and had no upper kind of clothing, whence it is some- times called himation (vid. Pallium) as well as cU- ton." Euripides" incorrectly calls this Doric dress peplos, and speaks of a Doric virgin as iiovoneTthig. From the circumstance of their only wearing one garment, the Spartan virgins were called yv/ivai" (vid. NoDtrs), and also fiovoxiTQveg.^' They appeared in the company of men without any farther cover- ing, but the married women never did so without wearing an upper garment. This Doric chiton was made, as stated above, of woollen stuff; it was without sleeves, and vras fastened over both shoul I. (Cic.,'Phil., -viii., 1.)— 2. (Serv. ad Virg., iEn., ii., 486: Tiil,, 1. — Pestus, 8. V. Tumultnalii.) — 3. (Liv., xxxv., 1 ; xli., 6. — Cio., Phil., T., 12.)— 4. (Phil., viii., l.)'-5. (e. g., Liv., ii., 28.1 -^. (Cic, 11. cc.— Liv., vii., 9, 11, 28 ; viii., 20 ; xxxiv., 56.)— 7 (Serv. ad Virg., .ffln., viii., 1.) — 8. (Festus, s. v.— Liv., iii., 30 1. I., 21 ; ri., 26.)— 9. (i., 6.)— 10. (MOUer, De Min. Pol., p. 41.- Id.,Dor.,iv., 2, M)— 11. (Athec, lii., p. 612, c. — Eustath., p. 954,47.— Thucyd., 1. c— Aristoph., Equit., 1330.)— 12. (Comjin Herod., v., 87.— Schol. ad Eurip., Ilec, 933.1-13. (Hecub., 1. 6 — Androm., 598.)— 14. (Plut.. Lvo. , U.)— 15. (Schol ad Enrip Athen., liii., p. 580, f \ TUNICA. TUNICA. flers by clasps or buckles {irSpwai, mpovai), wliioh were oflen of considerable size.' It was frequently so short as not to reacli the knee," as is shown in the figure of Diana on p. 245, who is represented as equipped for the chase. It was only joined to- gether on one side, and on the other was left partly open or slit up (axiardg x'™^^)> to allow a free mo- tion of the limbs : the two skirts (Tn-e/niysf ) thus frequently flew open, whence the Spartan virgins were sometimes called (pawo/tripiSa;* and Euripides' ipoaks of them as with jvjivotai. /x-^poti Kal Trew^oif ivei/icvoic. Examples of this axtarog ;i;(tuv are frequently seen in works of art : the following cut is taken from a bas-relief in the British Museum, which rep- resents an Amazon with a chiton of this kind : some parts of the figure appear incomplete, as the original is mutilated.' The Ionic chiton, on the contrary, was a long and loose garment, reaching to the feet {Trod^pr/c), with wide sleeves (Kopai), and was usually made of linen. The, sleeves, however, appear usually to have cov- ered only the upper part of the arm ; for in ancient works of art we seldom find the sleeve extending farther than the elbow, and sometimes not so far. The sleeves were sometimes slit up, and fastened together with an elegant row of brooches,' and it is to this kind of garment that Bottiger' incorrectly gives the name of oxi^btoq x'-'^'^'"- The Ionic chiton, according to Herodotus,' was originally a Carian dress, and passed over to Athens from Ionia. The women at Athens originally wore the Doric chiton, but were compelled to change it for the Ionic after they had killed, with the buckles or clasps of their dresses, the single Athenian who liad returned alive from the expedition against ^Egina, because there were no buckles or clasps required in the Ionic dress. The Muses are generally represented with this chiton. The following woodcut, taken from a statue in the British Museum, represents the Muse Thalia wearing an Ionic chiton. The peplum has fallen off her shoulders, and is held up by the left hand. The right arm, holding a pedum, is a modern restoration. Both kinds of dress were fastened round the mid- dle with a girdle {vid. Zona) ; and as the Ionic chiton was usually longer than the body, part of it was drawn up so that the dress might not reach farther than the feet, and the part which was so drawn up overhung or overlapped the girdle, and was called There was a peculiar kind of dress, which seems to have been a species of double chiton, called <5j- 7rJ,oif , SiicTuotSLov, and rifudrnXotdimi. Some writers suppose that it vi'as a kind of little cloak thrown over the chiton, in which case it would be an amic- ■ 1. (Herod.— Sohol. ad Eurip., 11. cc.)— 2. (Clem. Alex., P«d;, ■ ii., 10, p. 258.)— 3. (Pollux, Onom., vii., 55.)— 4. (Id, 1. c.)-5. JAndrom., 1. c.)— 6. (See alsoMus. Borl)., iT.,t. 21.)— 7. (jEliaa, V. a. ).. 18.)— 8. (Kleins Schr., iii., p. 66.)— 9. (r., 87, 88.) tus, and could not be regarded as a chiton ; but Becker and others maintain that it was not a sep- arate article cf dress, but was merely theupper part of the cloth forming the chiton, which was larger than was required for the ordinary chiton, and was therefore thrown over the front and back. The fol- lowing cuts' will give a clearer idea of the form of this garment than any description. It seems impossible to determine with certainty whether the diploidion formed part of the chiton, or was a separate piece of dress. Those writers who maintain the former view think that it is quite proved by the left-hand figure in the preceding cut ; but this is not conclusive evidence, since the chiton may have terminated at the waist. In the right- hand figure we see that the chiton is girded round the middle of the body, as described above, and that the fold which overhangs ((coAwof) forms, with the end of the diploidion, a parallel line, which was al- ways the case. This is also plainly seen in the wood- cut to the article Umbeacu i.tjm. Since the diploidion was fastened over the shoulders by means of buckles or clasps, it was called kna/u^, which Miiller' sup- poses, from Euripides {Hecub., 553) and Athensus (xiii., p. 608, b.), to have been only the end of the garment fastened on the shoulder ; but these pas- sages do not necessarily prove this, and Pollux' evidently understands the word as meaning a gar- ment itself. Besides the word ;tiT(5i'j wo also meet with the diminutives xtTavioKog and x^™vi.ov, the former of which is generally applied to a garment worn b« men, and the latter to one v orn by women, though this distinction is not always^ preserved. A ques- tion arises whether these two words relate to a different garment from the chiton, or mean merely a smaller one. Many modern v iriters think that 1. (Mas. Boibou.,ii,, t. 4, 6.)— 2. WrcMol der Kunut, i S». 4.)— 3. (vii., 49.) 1023 TUNICA TUNICA tlie chiton was not worn immediately next ihe skin, but that there was worn under it a shirt [xiruviaKO^) or chemise {jirioviov). In the dress of men, how- •■.ver, this does not appear to have been the case, since we find ;i;jTuv!aKOf frequently used as identical with x'™") and spoken of as the only under-gar- meht worn by individuals (Td l/mnov km tov XLTuviaKov'^). It appears, on the contrary, that fe- males »7ere accustomed to wear a chemise {xtravt- ov] under their chiton, and a representation of such a one is given in p. 599.' It was the practice among most of the Greeks to wear an himation, or outer garment, over the chiton, but frequently the chiton was worn alone. A per- son who wore only a chiton was called fiovoxlTuv {oioxirav'), an epithet given to the Spartan virgins, as explained above. In the same way, a person who wore only an himation, or outer garment, was called axirav.* The Athenian youths, in the earlier times, wore only the chiton ; and when it became the fashion, in the Peloponnesian war, to wear an outer garment over it, it was regarded as a mark of effeminacy." Before passing on to the Roman under garment, it remains to explain a few terms which are applied to the different kinds of chiton. In later times, the chiton worri by men was of two kinds, the aji^ijtda- Xa^of and the kTepoimaxv, Koc/ioc, or vpiravis, instead of OaaiTiEvc, and his character was changed no less than his name. Noble and wealthy families began to be considered on a footing of equality with roy- alty ; and thus, in process of time, sprang up oli- garch ies or aristocracies, which most of the govern- ments that succeeded the ancient monarchies were in point of fact, though not as yet called by such names. These oligarchies did not possess the ele- ments of social happiness or stability. The princi- pal families contended with each other for the greatest share of power, and were only unanimous m disregarding the rights of those whose station was beneath their own. The people, oppressed by the privileged classes, began to regret the loss of their old paternal form of government, and were ready to assist any one who would attempt to re- store it. Thus were opportunities afforded to am- bitious and designing men to raise themselves by starting up as the champions of popular right. Bis- contented nobles were soon found to prosecute schemes of this sort, and they had a greater chance of success if descended from the ancient royal fam- ily. Pisistratus is an example ; he was the more 1. (Visconti, Monum. Gab., n. 34 — BOttieer, Sabina, tav. x.) — 2. (vol. vii., tav. 3.) — 3. (Festus, s. v. — Gr. XTjpot ; Hesych., Suid., s. y.)—i. (Cic. in Rail., ii., 34.— Hor., Epist., i., 7, 65.)— B. (Liv., X., 7.— Mart., vii., 1. — Jur , x., 38.)— 6. (Liv., xix., iS ; xxxi., 11.) — 7. (Theophr. DeLapid., c. 210. — ^Adams, Append., l.v,)- 8. (Theophr.,H P.,i.,5j iv., 10-Diosoor., iii., 1S3.— Adams, Append., ■. v.)^9. (1., 13.) fiO TYRANNUS. acceptable to the people of Athens as being a do scendant cf the family of Codrus.' Thus in many cities arose that species of monarchy which the Greeks called rvpavvif, which meant only a despot- ism, or irresponsible dominion of one man, and which frequently was nothing more than a revival of the ancient government, and, though unaccom- panied with any recognised military title, or the reverence attached to old name and long prescrip- tion, was hailed by the lower orders of people as a good exchange, after suffering under the domina- tion of the oligarchy. All tyrannies, however, were not so acceptable to the majority ; and sometimes we find the nobles concurring in the elevation of a despot to farther their own interests. Thus the Syracusan Gamori, who had' been expelled by the populace, on receiving the protection of Gelon, sov- ereign of Gela and Camarina, enabled him to take possession of Syracuse, and establish his kingdom there.' Sometimes the conflicting parties in the state, by mutual consent, chose some eminent man. in whom they had confidence, to reconcile their dis- sensions, investing him with a sort of dictatorial power for that purpose, either for a limited period or otherwise. Such a person they called aiavfivTjTj)^. {Vid. AisYMNETEs.) A similar authority was con- ferred upon Solon when Athens was torn by the contending factions of the Aiaicpioi, Uedtalot, and TlupaXot, and he was requested to act as mediator between them. Solon was descended from Codrus, and some of his friends wished him to assume the sovereignty ; this he refused to do, but, taking the constitutional title of archon, framed his celebrated form of polity and code of laws.' The legislative powers conferred upon Draco, Zaleucus, and Cha- rondas were of a similar kind, investing them wilt a temporary dictatorship. The ripavvoq must be distinguished, on the ona hand, from the alav/iv^rric, inasmuch as he was not elected by general consent, but commonly owed hia elevation to some coup d'itat, some violent move- ment or stratagem, such as the creation of a body- guard for him by the people, or the seizure of the citadel ;* and, on the other hand, from the ancient king, whose right depended, not on usurpation, but on inheritance and traditionary acknowledgment. The power of a king might be more absolute than that of a tyrant; as Phidon of Argos is said to have made the royal prerogative greater than it was under his predecessors ; yet he was still regarded as a king, for the difference between the two names depended on title and origin, and not on the manner in which the power was exercised.' The name of tyrant was originally so far from denoting a person who abused his power, or treated his subjects with cruelty, that Pisistratus is praised by Thucydides" for the moderation of his government ; and Herodo tus says he governed ovre ri/iu; rif iovcag avvrap- d^agj q5te &Efffit,a fiera^^^d^a^, km fe toToi KareareutJt Ivc/ie TTjv mXiv Koajiiuv KaXd; re Kal rf.' There- fore we find the words l^aaAev^ and rvpavvoi used promiscuously by the Attic tragedians passim,^ and even by prose authors. Thus Herodotus calls the Lydian Candaules tvpamo;,^ the kingdom of Mace- donia ropavvic,}' andPeriander of Corinth ^aaiKsis" Afterward, wlien tyrants themselves had become odious, the name also grew to te 4 word of reproach, just as rex did among the Ron.ans." Among the early tyrants of Greece, those mos', worthy of mention are Clisthenes of Sicyon, grani 1. (Herod,, v., 65.)— 2, (Id., vii., 154, 155.)— 3. (Id., i., 29,- — Plttt., Sol., a. 13, a and media of the tutor. The case of a tutor being taken prisoner by the enemy has been stated." A legitimus tutor became dis- qualified to be tutor legitimus if he sustained a capi- tis diminutio minima, which was the case if he al- lowed himself to be adopted ;' but this was not the case with a testamentary tutor. The tutela ceased by the death of the pupiUus or pupilla, or by a capi- tis diminutio, as, for instance, the pupilla coming in manum viri. It also ceased when the pupiUus or pupilla attained the age of puberty, which in the male sex was fourteen, and in the female was twelve. (Yid. Impubes.) The tutela ceased by the abdicatio of the testamentary tutor, that is, when he declared " nolle se tutorem esse." The tutor legit- unus could not get rid of the tutela in this manner, but he could effect it by in jure cessio, a privilege which the testamentary tutor had not. The person to whom the tutela was thus transferred was called cessicius tutor. If the cessicius tutor died, or sus- tained a capitis diminutio, or transferred the tutela to another by the in jure cessio, the tutela reverted to the legitimus tutor. If the legitirnus tutor died, or sustained a capitis diminutio, the cessicia be- came extinguished. Ulpian adds,* "as to what concerns adgnati, there is now no cessicia tutela, for it was only permitted to transfer by the in jure eessio the tutela of females, and the legitima tutela of females was done away with by a lex Claudia, except the tutela patronorura." The power of the legitimus tutor to transfer the tutela is explained when we consider what was his relation to the fe- laale. {Vid. Testamentum.) The tutela of a tutor was terminated when he was removed from the tutela as suspectus, or when his excusatio was allowed to be justa ; hut in both of these cases a new tutor would be necessary.' The tutor, as already observed, might be rernoved from his office if he was misconducting himself: this was effected by the accusatio suspecti, which is mentioned in the Twelve Tables.' The Twelve Tables also gave the pupillus an action against the tutor in respect of any misman- agement of his property, and if he made out his case, he was entitled to double the amount of the injury done to his property. This appears to be the action which in the Pandect is called rationibus dis- trahendis, for the settlement of all accounts between the tutor and his pupillus. There was also the ju- dicium tutelae, which comprehended the actio tuteles directa and contraria, and, like the actio distrahendis rationibus, could only be brought when the tutela was ended. The actio tutelae directa was for a general account of the property managed by the tu- tor, and for its delivery to the pupillus, now become pubes. The tutor was answerable not only for loss through dolus malus, but for loss occasioned by want of proper care. This was an action bonae fidei, and, consequently, in incertum.' If the tutor was condemned in such a judicium, the conse- quence was infamia. {Vid. Inpamia.) The tutor was entitled to all proper allowances in respect of what he had expended or done during his manage- ment of the property of the pupillus. The tutor had 1. (Guias, ii., 84. — Cic, Top, 11.)— 2. (Gaius, i., 187.) — 3. (Id. i.. 195.— Ulp., Frag., tit. U, s. 13.)— 4. (Frag., tit. 11, s. 8.) — 5 (Gaius, i., 182.) — 6. (Id., 1. c. — Dirksen, Uebersicht, dec, der Zwftlf Tafelo, 599-604.)— 7. (Gaius, iv., 62.) 103() the actio tutelae contraria against the pupilliis loi all his proper costs and expenses ; and he might have also a calumniae judicium, in case he could show that the pupillus had brought an action agaiast him from malicioiis motives. In order to secure the proper management of the property of a pupillus or of a person who was iu curatione, the prsetor required the tutor or curatoi to give security ; but no security was required from testamentary tutores, because they had been select- ed by the testator ; nor, generally, from curatorea appointed by a consul, praetor, or praeses, for they were appointed as being fit persons.' The tutela of women who are puberes requires a separate consideration, in which it will not be possible to avoid some little repetition. It was an old rule of Roman law that a woman could do nothing "sine auctore," that is, without a tutor to give to her acts a complete legal character." The reasons for this rule are given by Cicero,' by Ulpian,* and by Gaius ;' but Gaius considers the usual reasons as .to the rule being founded on the inferiority of the sex as unsatisfactory ; for women who are puberes {perfecta atatis) manage their own affairs, and, in some cases, a tutor must interpose his auctoritas {dicis causa), ani frequently he is com- pelled to give his auctoritas by the praetor.' Ulpian also observes :' "in the case of pupilli and pupillae, tutores both manage their affairs and give their auctoritas (et ncgotia gei'unt et aucloritatem inter- ponunt) ; but the tutores of women (mulieres, that is, women who are puberes) only give their auctori- tas." There were other cases, also, in which the capacity of a mulier was greater than that of a pu- pillus or pupilla. The object of this rule seems to have been the same as the restriction on the testa- mentary power of women, for her agnati, who were a woman's legitimi tutores, were interested in pre- venting the alienation of her property. A mulier might have a tutor appointed by her father's testament, or by the testament of her hus- band, in whose hand she was. She might also re- ceive from her husband's will the tutoris optio. Women who had no testamentary tutor were in the tutela of their agnati, until this rule of law was repealed by a lex Claudia, which Gaius' illustrates as follows : " a masculus impubes has his frater pubes or his patruus for his tutor ; but women Ifaminte) cannot have such a tutor." This old tu tela of the Twelve Tables {legitima tutela) and that of manumissores ( ;7airono?um tutela) could be trans- ferred by the in jure cessio, while that of pupilli could not, "being," as Gaius observes, "not oner- ous, for it terminated with the period of puberty." But, as already suggested, there were other reasons why the agnati could part with the tutela, which in the case of patroni are obvious. The tutela of patroni was not included within the lex Claudia. The tutela fiduciaria was apparently a device of the laviryers for releasing a woman from the tutela legit ima,' though it seems to have been retained after the passing of the lex Claudia, as a general mode by which a woman changed her tutor." To effect this, the woman made a " coemptio fidMia causa;" she was then remancipated by the coemptionator to some person of her own choice : this person manumitted her vindicta, and thus became her tutor fiduciarius. Thus the woman passed from her own familia to another, and her agnati lost all claims upon her property, and her tutor fiduciarius might be compelled by the praetor to give his auctoritas to her acts." A tutor dativus was given to women under the 1. (Gaius, !,, 199.)— 2. (Liv., Mxiv., 2.)— 3. (Pro Ittureiia, c. 12.)— 4. (Frag., tit. 11, s. 1.) — 5. (Gaius, i., 190.)— 6. (Id. ib.j — 7. (Frag., tit. 11, s. 25.) — 8. (i.,157.)— 9. (Ci:.,). l.) — IB- (Gaius, i., 115.)— 11. (Id., i., 190 ; ii., 122.) TUTOR. TWELVE TABLES. fex Atilia v/ en there was no tutor, and in other cases which have been already mentioned.' The vestal virgins were exempt from all tutela ; and both ingenuae and libertinae were exempted from tutela by the jus liberorum . » The tutela of fBeminse was determined by the death of the tutor or that of the woman, and by her acquiring the jus liber- orum, either by bearing children or from the impe- rial favour. The abdicatio of the tutor and the in jure ceasio (so long as the in jure cessio was in ase) merely effected a change of tutor. Mulieres differed from pupilli and pupillae in hav- ing a capacity to manage their affairs, and only re- quiring in certain cases the auctoritas of a tutor. If the woman was in the legitima tutela of patroni or parentes, the tutores could not be compelled, ex- cept in certain very special cases, to give their auc- toritas to acts which tended to deprive them of the woman's property, or to diminish it before it might come to their hands.^ Other tutores could be com- pelled to give their auctoritas. The special cases in which the auctoritas of a tutor was required were, if the woman had to sue " lege," or in a legit- imum judicium, if she was going to bind herself by a contract, if she was doing any civil act, or per- mitting her freedwoman to be in contubernium with the slave of another person, or alienating a res man- cipi. Among civil acts {civilia negotia) was the making of a testament, the rules as to which are stated in the article Testamentum. Libertse could not make a will without the consent of their pa- troni, for the will was an act which deprived the patron of his rights* as being a legitimus tutor. Gaius mentions a rescript of Antoninus, by which those who claimed the bonorum possessio secundum tabulas non jure factas could maintain their right against those who claimed it ab intestato. He adds, this rescript certainly applies to the wills of males, and also of fosminae who had not performed the ceremony of mancipatio or nuncupatio ; but he does not decisis wksiiier it applies to the testaments of women made without the auctoritas of a tutor ; and by tutor he means not those who exercised the legitima tutela of parents or patroni, but tutors of the other kind (alterius generis''), who could be com- pelled to give their auctoritas. It would be a fair conclusion, however, that a woman's will made without the auctoritas of such tutores ought to be vaUd under the rescript. A payment made to a mulier was a release to the debtor, for a woman could part with res nee man- dpi without the auctoritas of a tutor ; if, however, she did not receive the money, but affected to re- lease the debtor by acceptilatio, this was not a valid release to him.' She could not manumit without the auctoritas of a tutor.' Gains' states that no alienation of a res mancipi by a mulier in agnato- tum tutela was valid unless it was delivered with the auctoritas of a tutor, which he expresses by saying that her res mancipi could not otherwise be the object of usucapion, and that this was a provis- ion of the Twelve Tables.' In other cases, if a res mancipi was transferred by tradition, the pur- chaser acquired the Quiritarian ownership by usu- capion {md. UsuciFio) ; but in the case of a wom- an's res mancipi, the auctoritas of the tutor was required in order that usucapion might be effected. In another passage" Gaius observes that a woman cannot alienate her res mancipi without the auc- toritas of her tutor, which means that the formal act ef mancipatio is null without his auctoritas ; 1. (Gaius, i., 173, &c.— Ulp., Fraff., tit. 11.) — 2. CGalus, i., 145,194.1—3. (Id., 192.)— 4. (Id.,iii.,43.)— 5. (Compare ii., 122, and i., 194, 195.) — 6. (Cic, Top., 11.— Gains, ii., 83, 85 ; iii., 171.)— 7. (Ulp., Flag., tit. 1, s. 17.— Compare CiOu Pro M. Cffil., «. 29.)— 8. (ii., 47.)— 9 (ii., 47.)— 10. (ii., 80.) and such act could not operate as a traditio for want of his auctoritas, as appears from the other passage. The passage of Cicero' is in accordance with Gaius ; but another' is expressed so vaguely, that, though the explanation is generally supposed to be clear, it seems exceedingly doubtful, if it can be rightly understood. The possibility of usucapion, when there was the auctoritas of the tutor, appears from Gaius ; but it does not appear why Cicero should deny, generally, the possibility of usucapion of a woman's property when she was in legitima tu- tela. The passage, however, is perfectly intelligi- ble on the supposition of there having been a trans- fer without the auctoritas of a tutor, and on the farther supposition of Cicero thinking it unnecessa- ry to state the particular facts of a case which must have been known to Atticus.* The auctoritas of a tutor was not required in the case of any obligatio by which the woman's condi- tion was improved, but it was necessary in cases where the woman became bound.' If the woman wished to promise a dos, the auctoritas of a tutor was necessary.'' By the lex Julia, if a woman was in the legitima tutela of a pupillus, she might apply to the praetor urbanus for a tutor who should give the necessary auctoritas in the case of a dos constituenda.' As a woman could alienate res nee mancipi without the consent of a tutor, she could contract an obligation by lending money, for by de- livery the money became the property of the re- ceiver. A senatus consultum allowed a woman lo apply for a tutor in the absence of her tutor, un- less the tutor was a patronus ; if he was a patro- nus, the woman could only apply for a tutor m cr- der to have his auctoritas for taking possession oi at hereditas {ad, heredilatcm adeundam) or contracting a marriage. The tutela of a woman was terminated by the death of the tutor or that of the woman ; by a marriage, by which she came in manum viri ; by tlie privilege of children {jus liberorum) ; by abdicatio, and also by the in jure cessio, so long as the agna- torum tutela was in use : but in these last two cases there was only a change of tutor. A woman had no right of action against her tu- tor in respect of his tutela, for he had not the ne- gotiorum gestio, but only interposed his auctoritas.' (The most recent and the most complete work on the Roman tutela is said to be by Rudorff, the sub- stance of which appears to be given by Rein, Das Rom. Privatrecht, p. 239, &c., Dig. 26 and 27). TU'TULUS was the name given to a pile of hair on a woman's head. Great pains were taken by the Roman ladies to have this part of the hair dress- ed in the prevailing fashion, whence we read in an inscription of an ornatrix a iutulo.' Sometimes the hair was piled up to an enormous height.'" The tutulus seems to have resembled very much the Greek Kopv/ido;, of which a representation is given in the woodcut on p. 314. The flaminica always wore a tutulus, which was formed by having the hair plaited up with a purple band in a conical form." TWELVE TABLES. In the year B.C. 462, the tribune C. Terentillus Arsa proposed a rogation that five men should be appointed for the purpose of preparing a set of laws to limit .the imperium of the consuls." The patricians opposed the measure, but it was brought forward by the tribunes in the following year with some modifications : the new 1. (ii., 47.)— 2. (Pro Flacco, c. 34.)— 3. (ad Att., i., S.)— 4. (Vid. Caaaubon's note on Cic. ad Att., i., 5.)— 5. (Gaius, i., 192; iii., 108.— Ulp., Frag., tit. 11, s. 27.— Cic, Pro Cajcin., 25.)— & (Cic.,ProFlaco., 35.)— 7. (Gaius, i., 178. — Ulp., Frag., tit. 11, B. 20.)-8. (Gains, i., 191.)— 9. (Gmter, 579, 3.) — 10. (Lucan, ii., 358.— Juv., Ti., 503. — Stat., Sylv., i., 2, 114.) —11 (Festus >. Y.)— 12. (Liv., iii., 9.) 1031 TWELVE TABLES. TWELVE TABLIiS. rogation proposed that ten men should be appointed {legum latores) from the plebs and the patricii, who were to make laws for the advantage of both ranks, and for the "equalizing of liberty," a phrase the import of which can only be understood by refer- ence to the disputes hetween the two ranks.' Ac- cording to Dionysius,' in the year B.C. 454 the sen- ate assented to a plebiscitum, pursuant to which commissioners were to be sent to Athens and the Grbek cities generally, in order to make themselves acquainted with their laws. Three commissioners were appointed for the purpose. On the return of the commissioners, B.C. 453, it was agreed that persons should be appointed to draw up the code of laws (decemviri legibus scribundis), but they were to be chosen only from the patricians, with a pro- vision that the rights of the plebeians should be re- spected by the decemviri in drawing up the laws.' In the following year (B.C. 451) the decemviri were appointed in the comitia centuriata, and du- ring the time of their office no other magistratus were chosen. The body consisted of ten patricians, including the three commissioners who had been sent abroad ; Appius Claudius, consul designatus, was at the head of the body. The Ten took 'the administration of affairs in turn, and the insignia of office were only used by him who for the time be- ing directed the administration.* Ten tables of laws were prepared during the year, and after be- ing approved by the senate, were confirmed by the comitia centuriata. As it was considered that some farther laws were wanted, decemviri were again elected B.C. 450, consisting of Appius Clau- dius and his friends ; but the second body of decem- viri comprised three plebeians, according to Dionys- ius,° but Livy* speaks only of patricians. Two more tables were added by these decemviri, which Cicero' CEills '■'■ Ducb tabula iniquarum legum." The provision which allowed no connubium between the patres and the plebs is referred to the eleventh table.' The whole Twelve Tables were first pub- lished in the consulship of L. Valerius and M. Ho- ratius, after the downfall of the decemviri, B.C. 449.' This, the first attempt to make a code, re- mained also the only attempt for near one thou- sand years, until the legislation of Justinian. The Twelve Tables are mentioned by the Roman wri- ters under a great variety of names : Leges Decem- virales, Lex Decemvir^s, Leges XII., Lex XII. Tabularum or Duodecim, and sometimes they are referred to under the names of leges and lex sim- ply, as being pre-eminently The Law. The laws were cut on bronze tablets and put up in a public place.'" Pomponius" states that the first Ten Tables were on ivory {tabula eborea) : a note of Zimmern" contains references to various author- ities which treat of this disputed matter. After the burning of the city by the Gauls, it was necessary to reconstruct the tables.'^ It is not said that there had been two or more original copies, though, if the custom of placing laws in the aerarium was then in use, there may have been two copies at least. But whether there was only one copy, or whether that was found after the conflagration, the twelve were in some way restored, and the Romans of the age of Cicero had never any doubt as to the genu- meness of the collection which then existed. The legislation of the Twelve Tables has been a fruitful matter of speculation and inquiry to modern historians and jurists, who have often handled the 1. (LiT., ii., lO.-Dioays., X., 3.) — 2. (i., 5S, 62.) — 3. (Liv., iii., 32, &o.)— 4. (Liv., in., 33.) — 5. (x., S8.) — 6. (i».,3.)— 7. (DeRep.,ii.,37.)— 8. (Dirksen, Uebers., ion Cassius" ■Searpov KvvrjyeTiKov, and the same nants is given to the amphitheatre built by StatiliusTdun s," and also to the celebrated one of Titus ;" bul, eiien after the erection of the latter, we frequently rejd f venationes in the circus." The persons wl'O :"3ugtu with the beasts were either condemned crin d" ds or captives, or individuals who did so for the sake of pay, and were trained for the purpose. (Vid. Bestiakii.) The Romans were as passionately fond of this entertainment as of the exhibitions of gladiators, and during the latter days of the Republic and un- der the Empire an immense variety of animals was collected from all parts of the Roman world for the gratification of the people, and many thousands were frequently slain at one time. We do not know on what occasion a venatio was first exhibited at Home, but the first mention we find of anything of the kind is in the year B.C. 251, when L. Metellus eifaibited in the circus 142 elephants, which he had brought from Sicily after his victory over the Car- J. (Prudent., c. Symm., ii., 147.) -r- 8. (Appllod., ii., 6, i 6. — jBlian, V. H., vii., 9.)— 3. (Paus., iii., ISj 4 8.— Brunck, Anal.j .■ii.',459.)— 4. (Hes.,Theog., 573.)— 5. (Serv. in Vjrg., .Sn., vii., 188.)— «. (Callim., Epig., v., 4.— Eurip., Hec, 109.)— 7. (Liv., irviii, 45.)— 8. (Baitoli, Admir., 84.)— 9. (Virg., JEn., iv., 131 ■ " ii, 553.— Vano, L. L., viii., 63, ed. Muller.— Apul., Met., viii.j p 78, 83, ed. Aldi.)— 10 (xliii., 22.)— 11. (Id., Ii., 23.)— 13. (Id.; Iiiii..24.)— 13. (Spart., Hadr., 19.— Vopisc., Prob., 19.) ithagtnians, and which were killed in the circns a» cording to Yerrius, though other writers do nd speak of their slaughter.' But this can scarcely br regarded as an instance of a venatio, as it was un- derstood in later times, since the elephants are said to have been only killed because the Romans did not know what to do with them, and not for the amusement of the people. There was, however, a venatio in the latter sense of the word in B.C. 186, in the games celebrated by M. Fulvius in fulfilment of the vow which he had made> in the ..Etohan war ; in these games lions and panthers were exhibited.' It is mentioned as a proof ofthe growing magnifi- cence of tbei age, that in the ludi circenses exhibit- ed by the curule asdiles P. Cornelius Scipio Nasica and P. Lentulus, B.C. 168, there were 63 African panthers, and 40 bearS' and elephants.' From about this time combats with wild beasts probably formed a regular part of the ludi circenses, and many of the. curule aediles made great efforts to obtain rare and curious animals, and put in requisition the ser- vices of their friends.* Elephants are said to have first fought in the circus in the curule sdileship of Claudius Pulcher, B.C. 99, and, twenty years after- ward, in the curule aedileship of the two Luculli, they fought against bulls.' A hundred lions were exhibited by Sulla in his praetorship, which were destroyed by javelin-men sent by King Bocchus for the purpose. This was the first time that lions wero allowed to be loosein the circus ; they were previ- ously always tied up.' The games, however, in the curule aedileship of Scaurus, B.C. 58, surpassed anything the Romans had ever seen ; among other novelties, he first exhibited an hippopotamus and five crocodiles in a temporary canal or trench (enrt- pus''). At the venatio given by Pompey in his sec- ond consulship, B.C. 55, upon the dedication of the Temple of Venus Victrix, and at which Cicero was present,' there was an immense number of animals slaughtered, among which we find mention of 600 lions, and 18 or 20 elephants : the latter fought with Gffitulians, who hurled darts against them, and the> attempted to break through the railings {clathri) by which they were separated from the spectators.' To guard against this danger, Julius Ceesar surr rounded the arena of the amphitheatre with trench es (euripi). In the games exhibited by J. Caesar in his third consulship, B.C. 45, the venatio lasted for five days, and was conducted with extraordinary splendour. Camelopar-Js or giraffes were then for the first lime seen in Italy." Julius Casar also introduced bull- fights, in which Thessalian horsemen pursued the bulls round the circus, and, when the latter were tired out, seized them by the horns and killed them. This seems to have been a favourite spectacle ; it was repeated by Claudius and Nero." In the games celebrated by Augustus, B.C. 29, the hippopotamus and the rhinoceros were first exhibited, according to Dion Cassius ;" but the hippopotamus is spoken of by Pliny, as mentioned above, in the games giv en by Scaurus. Augustus also exhibited a snake 60 cubits in length," and thirty-six crocodiles, which are seldom mentioned in .the spectacles of later times.'* The occasions on which venationes were exhibited have been incidentally mentioned above. They seem to havCibeen first confined to the ludi oircen 1. (Plin., H. N.,viii., 6.) — 2. (Liv., xxnix., 22.)— 3. (Liv.. xliv., 18.)— 4. (Compare C(Eliu3*s JetlMr to Cicero, ad Fain., vii:., 9.)— 5. (Plin., H. N., viii., 7.)— 6. (Senec, De Brev. Vit., 13.)- 7. (Plin-, .U., N., viii., 40.)— 8. (Gio.' ad Fam., vii., 1 .)— 9. (Se nee, 1. c.-^Plin., H. N., viii., 7, 20.)— 10.,(,Diun Cass., xliii., 23 —Suet., Jul., 39.— Plin., H. N.,viii., 7.— Appian, B. C., ii., lOJ —Veil. Patprc, ii., 66.) — 11. (Plin., H. N., viii., 70. — Suet, Claud., 21.— Jiion Cass., Ixi., 9.)— 12. (Ii., 22 1—13. (Suet., Ot tav., 43.)— 14 (Dion Cass., Iv , 10.) 1037 VENATIO. VENEFICIUM. ses, but during the later times of the Republic and undir the Empire they were frequently exhibited on the celebration of triumphs, and on many other occasions, with the view of pleasing the people. The passion for these shows continued to increase under the Empire, and the number of beasts some- times slaughtered seems almost incredible. At the consecration of the great amphitheatre of Titus, 5000 wild beasts and 4000 tame animals were kill- ed,' and in the games celebrated by Trajan, after his victories over the Bacians, there are said to have been as many as 11,000 animals slaughtered." Under the emperors we read of a particular kind of venatio, in which the beasts were not killed by bes- tiarii, but were given up to the people, who were allowed to rush into the area of the circus and carry away what they pleased. On such occasions a number of large trees, which had been torn up by the roots, was planted in the circus, which thus re- sembled a forest, and none of the niore savage ani- mals were admitted into it. A venatio of this kind was exhibited by the elder Gordian in his aedileship, and a painting of the forest, with the animals in it, is described by Julius Capitolinus.' One of the most extraordinary venationes of this kind was that given by Probus, in which there were 1000 ostriches, 1000 stags, 1000 boars, 1000 deer, and numbers of wild goats, wild sheep, and other animals of the same kind.* The more savage animals were slain by the bestiarii in the amphitheatre, and not in the circus. Thus, in the day succeeding the venatio of Probus just mentioned, there were slain in the amphithea- tre 100 lions and the same number of lionesses, 100 Libyan and 100 Syrian leopards, and 300 bears. It is unnecessary to multiply, examples, as the above are sufficient to give an idea of the numbers and variety of animals at these spectacles ; but the list of beasts which were collected by the younger Gor- dian for his triumph, and were exhibited by his successor Philip at the secular games, deserve ima- tion on account of their variety and the rarity of some of them. Among these we find mention of 32 elephants, 10 elks, 10 tigers (which seem to have been very seldom exhibited), 60 tame lions, 30 tame leopards, 10 hyaenas, an hippopotamus and rhinoce- ros, 10archoleontes(it is unknown what they were), 10 camelopards, 20 onagri (wild asses, or, perhaps, zebras), 40 wild horses, and an immense number of similar animals.' How long these spectacles continued is uncertain, but they were exhibited after the abolition of the shows of gladiators. There is a law of Honorius and Theodosius, providing for the safe convoy of beasts intended for the spectacles, and inflicting a penalty of five pounds of gold upon any one who injured them.' They were exhibited at this period at the praetorian games, as we learn from Symma- chus.* Wild beasts continued to be exhibited in the games at Constantinople as late as the time of Justinian.' In the bas-reliefs on the tomb of Scaurus at Pom peii, there are representations of combats with wild beasts, which are copied in the following woodcuts from Mazois.' On the same tomb gladiatorial com- bats are represented, which are figured on p. 477 of this work. The first represents a man naked and unarmed between a lion and a panther. Persons in this de- fenceless state had, of course, only their agility to trust to in order to escape from the beasts. In the second cut we see a similar person, against whom a wild boar is rushing, and who appears to be pre- paring for a spring to escape from the animal. In the same relief there is a wolf running at full speed, and also a stag with a rope tied to his horns, who has been pulled down by two wolves or dogs. Th" / ! •hird relief is supposed by Mazois to represent the | training of a bestiarius. The latter has a spear in each hand ; his left leg is protected by greaves, and he is in the act of attacking a panther, whose move- ments are hampered by a rope, which lastens him to the bull behind him, and which accordingly places the bestiarius in a less dangerous position, though more caution and activity are required than if the beast were fixed to a certain point. Behind the bull another man stands with a spear, who seems to be urging on the animal. The fourth woodcut repre- sents a man equipped in the same way as the mata- dor in the Spanish bullfights in the present day, namely, with a sword in one hand and a veil in the 1. (Suet., Tit., 7.— Dion Cass., l-ri., 25.)— 2. (M., Irriii., 15.)- ?. (Gordian, 3.)— 4 (Vopisc, Prob., 19.) 1038 other. The veil was first employed in the arena in the time of the Emperor Claudius.' VENEFI'CTUM, the crime ol poisoning, is fre- quently mentioned in Roman history. Women 1. (Vopiso., 1. c.)— 2. (Id., Gord., 33,)— 3. (Cod., xi., tit. 44.)— 4. (EpiBt., ix., 70, 71, 126, cSc.)— 5. (Procop , Hist. Are., c. 9.) —6. (Pomp., i., pi. 32, 33.)— 7. (Plin., II N., viii., 21 ) VENEFICIUM. VESTALES. wei« most addicted to it ; but it seems not improb- able that this charge was frequently brought against females without sufficient evidence of their guilt, like that of witchcraft in Europe in the Middle Ages. We find females condemned to death for Cais crime in seasons of pestilence, when the pop- ular mind is always in an excited state, and ready to attribute the calamities under which they suffer to the arts of evil-disposed persons. Thus the Athe- nians, when the pestilence raged in their city during the Peloponnesian war, supposed the wells to have been poisoned by the Peloponnesians ;' and similar instances occur in the history of almost all states. Still, however, the crime of poisoning seems to have been much more frequent in ancient than in modern times ; and this circumstance would lead persons to suspect it in cases when there was no real ground for the suspicion. Respecting the crime of poison- ing at Athens, see *APMAKQN rPA*H. The first instance of its occurrence at Rome in any public way was in the consulship of M. Clau- dius Marcellus and C. Valerius, B.C. 331, when the city was visited by a pestilence. After many of the leading men of the state had died by the same kind of disease, a slave-girl gave information to the cu- rule sediles that it was owing to poisons prepared by the Roman matrons. Following her information, they surprised about twenty matrons, among whom were Cornelia and Sergia, both belonging to patri- cian families, in the act of preparing certain drugs over a fire ; and being compelled by the magistrates to drink these in the Forum, since they asserted that they were not poisonous, they perished by their own wickedness. Upon this farther informations were laid, and as many as a hundred and seventy matrons were condemned.' We next read of poi- soning being carried on upon an extensive scale as one of the consequences of the introduction of the worship of Bacchus.' (Ttii. Dionysia, p. 365.) In B.C. 184, the praetor Q. Nsvius Matho was com- manded by the senate to investigate such cases {de veneficiis quarere) : he spent four months in the in- vestigation, which was principally carried on in the municipia and conciliabula, and, according to Vale- rius of Antium, he condemned 2000 persons.* We again find mention of a public investigation into ca- ses of poisoning by order of the senate in B.C. 180, when a pestilence raged at Rome, and many of the magistrates and other persons of high rank had per- ished. The investigation was conducted in the city and within ten miles of it by the prajtor C. Claudius, and beyond the ten miles by the praetor C. Maenius. HostUia, the widow of the consul C. Calpurnius, who had died in that year, was accused of having poisoned her husband, and condemned on what appears to have been mere suspicion.' Cases of what may be called private poisoning, in opposi- tion to those mentioned above, frequently occurred. The speech of Cicero in behalf of Cluentius sup- plies us with several particulars on this subject. Under the Roman emperors it was carried on to a great extent, and some females, who excelled in the art, were in great request. One of the most cele- brated of these was Locusta, who poisoned Clau- dius at the command of Agrippina, and Britannicus at that of Nero, the latter of whom even placed persons under her to be instructed in the art.' The first legislative enactment especially directed against poisoning was a law of the dictator Sulla — lex Cornelia de Sicariis et Venefiois — ^passed in B.C. 83, which continued in force, with some alter- ations!) to the latest times. It contained provisions I. (Thucyd., ii., 48.)— 2. (Liv., niii., 18.— Compare Val. Max., ii., 5, ^ 3. — Augustin, De Civ. Dei, iii., 17.)— 3. (Liv., xxxix, 8.) —i. ;M., Jnurix., 38, 41.)— 5. (Id., xl., 37.)— 6. (Tacit., Ann., ni , 6S ; xiii., IS,— Suet., Ner., 33.— Jut., i., 71.) against all who made, bought, scld, possessed, or gave poison for the purpose of poisoning.' The punishment fixed by this law was, according to Marcian, the deportatio in insulam and the confisca tion of property ; but it was more probably the in terdictio aquae et ignis, since the deportatio under the emperors took the place of the interdictio, and the expression in the Digest was suited to the time of the writers or compilers. (Yid. Cornelia Lex DE Sicariis, &c., p. 308.) By a senatus consultura passed subsequently, a female who gave drugs or poison for the purpose of producing conception, even without any evil intent, was banished (relegatus), if the person to whom she administered them died in consequence. By another senatus consultum, all druggists {pigmentarii) who administered poisons carelessly, " purgationis causa," were liable to the penalties of this law. In the time of Marcian (that of Alexander Severus)this crime was punished cap- itally in the case of persons of lower rank (Jiumili- ores), who were exposed to wild beasts, but persons of higher rank {altiores) were condemned to the de- portatio in insulam.' The word veneficium was also applied to potions, incantations, &c.,' whence we find veneficus and venefica used in the sense of a sorceror and sor- ceress in general. VER SACRUM (Jrof Upov). It was a custom among the early ItaUan nations, especially among the Sabines, in times of great danger and distress, to vow to the deity the sacrifice of everything born in the next spring, that is, between the first of March and the last day of April, if the calamity un- der which they were labouring should be removed.* This sacrifice, in the early times, comprehended both men and domestic animals, and there is little doubt that in many oases the vow was really carried into effect. But in later times it was thought cruel to sacrifice so many innocent infants, and, according- ly, the following expedient was adopted. The chil- dren were allowed to grow up, and in the spring of their twentieth or twenty-first year they were, with covered faces, driven across the frontier of their native country, whereupon they went whithersoever fortune or the deity might lead" them. Many a col- ony had been founded by persons driven out in this manner ; and the Mamertines in Sicily were the de- scendants of such devoted persons.^ In the two historical instances in which the Romans vowed a ver sacrum, that is, after the battle of Lake Trasi- menus and at the close of the second Punic war, the vow was confined to domestic animals, as wan expressly stated in the vow.' VERBE'NA. (Vid,. Sagmina.) VERBENA'RIUS. {Vid. Fetialis.) VERNA. ( Vid. Seevits, Roman, p. 884, 886.) VERSO IN REM ACTIO. {Vid. Seevus, Ro- man, p. 884.) VERSU'RA. {Vid. Interest of Money, p. 547.) VERU, VERU'TUM. {Vid. Hasta, p. 489.) VESP.1E, VESPILLO'NES. ( Vid. FuNua, p. 459.) VESTA'LES, the virgin priestesses of Vesta, who ministered in her temple and watched the eternal fire. Their existence at Alba Longa is con- nected with the earliest Roman traditions, for Sil- via, the mother of Romulus, was a member of the sisterhood ;' their estabhshment in the city, in com- mon with almost all matters connected with state religion, is generally ascribed to Numa,' whc se- 1. (Cic, Pro Cluent., 54.— Marcian, Dig. 48, tit. 8, b 3.— Inst., iv.,tit. 18, 8. 5.)— 2. (Dig., 1.0.)— 3. (Cic, Brut., 60.— Pet., 118.) —4. (Fest., 8. v. Ver Sacrum. — Liv.,xxii., 9, 10; xxxiT.,44. — Strab., v., p. 172. — Sisenna ap. Non., xii., IS.^Serv. ad Viiff., ^n., vii., 796.) — 5. (Fest., 1 c, and s. v. Mamertiia — Compare Dionys., j,, 16,— Plin., H. N., iii., 18. — Justin, xxiv., 4. — Liv., xxiiii., 44.)— 6. (Liv., 1. c— Plut., Fab. Max., 4.)— 7. (Liv., i., 20.— Dionys., i., 76.)— 8. (Dionys., ii., 65.— Plut., Num., 10.) iQRq VESTALES. vestaj.es. iccted four (their names are given m Plutarch;, two from the Titienses and two from the Raranes,' and two more were subsequently added from the Liice- res by Tarquinius Priscus accbrding to ore authori- tv,* by Ser^ius TuUius according to another." This lumber of six remained unchanged at the time when Plutarch wrote, and the idea that it was af- terward increased to seven rests upon very unsatis^ factory evidence.* They were originally chosen {capere is the tech- hical word) by the king," and during the Republic and Empire by the pontifex maximus. It was ne- cessary that the maiden should not be under six nor above ten years of age, perfect in all her limbs, in the fuU enjoyment of all her senses, patrima et ma- trimii (vid. Patkimi), the daughter of free and free- born parents who had never been in slavery, who followed no dishonourable occupation, and whose home was in Italy.' The lex Papia ordained that, when a vacancy occurred, the pontifex maximus should name at his discretion twenty qualified dam- sels, one of whom was publicly (m condone) fixed upon by lot, an exemption being granted in favour of such as had a sister tlready a vestal, and of the daughters of certain priests of a high class.' The above law appears to have been enacted in conse- quence of the unwillingness of fathers to resign all control over a child ; and this reluctance was mani- fested so strongly in later times, that in the age of Augustus HhertincB were declared eligible.' The casting of lots, moreover, does not seem to have been practised if any respectable person came for- ward voluntarily and offered a daughter who ful- filled the necessary conditions. As soon as the election was concluded, the pontifex maximus took the girl by the hand and addressed her in a solemn form, preserved by Aulus Gellius from Fabius Piotor : Sacerdotem. Vestalem. QujE. Saoea. Faoiat; QvM. Iou8. SiET. Sacerdotem. Vestalem. Facere. Peo. Popui.0. Romano. Quieitium. Utei. Qu.^. Optima. Lege. Fovit. Ita. Te. Amata. Capic, where the title Amata seems simply to signify "beloved one," and •not to refer, as Gellius supposes, to the name of one of the original vestals ; at least no such name is to be found in the list of Plutarch alluded to above. Af- ter these words were pronounced she was led away to the atrium of Vesta, and lived thenceforward with- in the sacred precincts, under the special superin- tendence and control of the pontifical college.' The period of service lasted for thirty years. During the first ten the priestess was engaged in learning her mysterious duties, being termed disci- pula ;'° during the next ten in performing them ; du- ring the last ten in giving instructions to the npvi-i ces ;" and so long as she was thus employed, she was bound by a solemn vow of chastity; But after the time specified was completed, she might, if she thought fit, throw off the emblems of her office," unconsecrate herself (exaugurare"), return to the. world, and even enter into the marriage state."( Few, however, availed themselves of these privi- leges ; those who did were said to have lived in sorrow and remorse (as might, indeed, have been expected from the habits they had formed) ; hence such a proceeding was considered ominous, and the priestesses, for the most part, died as they had lived, in the service of the goddess." (Dionys., ii, 67. — Festus, s. v. Sex Veet®.) — 2. (Plut., Num., 1. o.)— a (Dionys., jii., 67.)— 4. iVid. MAinoiies de fAcademio des Inscript., torn, iv., p. 167..^Azabros., Epjst., v., 31, c. Symmach., and the remarks of Liparius.)— 5. (Liv., i., 3, 20. — Dionys., 11. cc.)— 6. (GeU., i., 12.)— 7. (Cell., 1. o.)-8. (Dion Ca9S.,lv.,22— Suet., OcWt., 31.)— 9. (Dionys., ii.,67 ^Liv.,iv., 44 ; Till., 15.— Plin., Ep., iv., 11.— Snet., Ootav., 31.— Gall., i., 12.)— 10. (Val.Mai.,i., 1, 1) 7.)— 11. (Dionys., 1. c— I^ut., 1. c— SEner,, De Vit. Beat., 29.)— 12. (Dionys., 1. c.)— 13. (Gell., vi., 7.)— 14. (Hut., 1. o.)— 15. (Tacit., Ann., ii., 86.— Inaor. quoted by Gronov- ad Tacit., Ann., iii., 64. 1040 The senior sistei was entitled Vcslalis Maxijiut, or Virga Maxima'- (17 TrpeaBeiovaa,' i o,o;|;jEpej(i') and ■»•*! find also the expressions Vestalium vetusHssi- mam' and tres maxima.^ Their chief office was to watch by turns, night and day, the everlasting fire which blazed upon the altar of Vesta (Viroinesque Vestales in uebe cus- TODinNTO isNEM FOCI PHBLici sempiteenum"), its ex- tinction being considered as the most fearful of all prodigies, and emblematic of the extinction of the state.' If such misfortune befell, and was caused by the carelessness of the priestess on duty, she was stripped and scourged by the pontifex maximus, in the dark and with a screen interpo?edj and he re- kindled the flame by the friction of two pieces of wood from a.felix arhor.^ Their other ordinary du-i ties consisted in presenting offerings to the goddess at stated times, and in sprinkling and purifying the shrine each morning with water, which, according to the institution of Numa, was to be drawn from the Egerian fount, although in later times it was considered lawful to employ any water from a living spring or running stream, but not such as had pass- ed through pipes. When used for sacrificial purpo- ses it was mixed with muries, that is, salt which had been pounded in a mortar, thrown into an earthen jar, and baked in an oven.' They assisted, moreover, at all great public holy rites, such as the festivals of the Bona Dea,"and the consecration of temples ;" they were invited to priestly banquets ;" and we are told that they were present at the sol- emn appeal to the gods made by (bicero during the conspiracy of Catiline.'" They also guarded the sa- cred relics which formed the fatale pignus imperii, the pledge granted by fate for the permanency of the Roman sway, deposited in tlie inmost adytum (perms Vesta.'*), which' no one was permitted to en- ter save the virgins and the chief pontifex. What thiS' object was no one krlew : some supposed that it was the palladium ; others, the Samothracian gods carried by Dardanus to Troy, and transported from thence to Italy by jEneas ; but all agreed in believing that something of awful sanctity was here preserv- ed, contained, it was said, in a small earthen jar closely sealed, while another exactly similar in form, but empty, stood by its side." We have seen above that supreme importance was attached to the purity of the vestals, and a terrible punishment awaited her vvho violated the vow of chastity. According to the law of Numa, she was simply to be stoned to death," but a more cruel torture was devised by Tarquinius Priscus," and inflicted from that time forward. When con- idemned by, the college of pontifices, she was strip- ped of her vittae and other badges of office, was scourged," was attired like a corpse, placed in a close litter, and borne through the Forum, attended by her weeping kindred, with all the ceremonies o» a real funeral, to, a rising ground called the Campus Sceleratus, just within the. city walls, close to the CoUine gate. There a small vault underground had been previously prepared, containing a couch, a lamp, and a table with a little food'. The pontifex maximus, having lifted up his hands to heaven and 1. (Ovid, Fast., iv., 639.— Suet., Jul., 83 ; Domit., 8.— Orell., Inscr., n. 2233, *c.)— 2. (Dion Cass., liv.,24.)— 3. (Id., Ixxii., 9.) — 4. (Tacit., Ann., li., 32.)— 5. (Serv. ad Virg., Eel., viii., 82.)— 6. (Cic, De Log., iU 8, 12:— Liv., XHiii., 1 1.— Vol. Mai., i., 1,«6.— Senec.j De Prov., 50 — 7. (Dionys., ii., 07. — LiV., xjT/i., 1.)— 8. (Dioiws., ,Plat>, Val. Max., 11. cc — Festus, s. t. Ignis.) —9. (Ovid, Fjut., iii., 11. — Propeit., iv., 4, 15.— Plut., Sum., 13.— F6st., s. V. Muries.)— 10. (Dion Ca«s;,' xXxvii., 45.,> —11. (Tacit., Hist., iv., 63.) — 12. (Macrob., Sat.,ii., 9.— Dion Cass., jdvii., 19.)— 13. (Dion Cass., ictvii., 35.)— 14. (Vii. Fes tus,s.v.)— 15. (Dionys., i., 69 ; ii., 66.— Pint., Camill., 20.— Liv. yjcvi., 27.-rLaniprid., Elagab., 6.— Ovid, Fast., vi., 365.— Ludan, II., 994.)— 16, (Cedreaus, Hist. Comp., p. 148, or p. 259, ed. Bek- ker.) — 17. (Dionys., iii,, 67 — Zonaras, vii., 8.) - 18. (Dionjra iz,40.) VESTALES. "VI^. ottered a secret prayer, opened the litter, led forth the Gulprit, and placing her on the steps of the lad- ,der which gave access to the subterranean cell, de- livered her over to the common executioner and his assistants, who conducted her down, drew up the ladder, and having filled the pit with earth until the surface was level with the surrounding ground, left her to perish, deprived of all the tributes of respect •isually paid to the spirits of the departed. In eve- ly case the paramour was publicly scourged to jleath in the Forum.' But if the labours of the vestals were unremit- ting, and the rules of the order rigidly and pitilessly enforced, so the honours they enjoyed were such as in a great measure to compensate for their priva- tions. They were maintained at the public cost, andfrof.i sums of money and land bequeathed from time to time to the corporation.' From the mo- ment of their consecration, they became, as it were, the property of the goddess alone, and were com- pletely released from all parental sway without go- ing through the form of emancipatio or suffering any capitis diminutio.' They had a right to make a will, and to give evidence in a court of justice without taking an oath,* distinctions first conceded by a Ho- ratian law to a certain Caia Tarratia or Fufetia, and afterward communicated to all.* From the time of the triumviri, each was preceded by a lictor when she went abroad ;' consuls and praetors made way for them, and lowered their fasces ;' even the tribunes of the plebs respected their holy character," and if any one passed under their litter, he was put to death.' Augustus granted to them all the rights of matrons who had borne three children," and as- signed them a conspicuous place in the theatre," a privilege which they had enjoyed before at the gladiatorial shows." Great weight was attached to their intercession on behalf of those in danger and difficulty, of which we have a remarkable exam- ple in the entreaties which they addressed to Sul- la on behalf of Julius Caesar;" and if they chanced to meet a criminal as he was led to punishment, they had a right to demand his release, provided it could be proved that the encounter was accident- al. Wills, even those of the emperors, were com- mitted to their charge," for when in such keeping they were considered inviolable ;" and in like man- ner, very solemn treaties, such as that of the trium- virs with Sextus Pompeius, were placed in their hands. '= That they might be honoured in death as in life, their ashes were interred within the pomoe- rium." They were attired in a stola, over whiali was an upper vestment made of linen ;'" and in addition to the infula and white woollen vitta, they wore, when sacrificing, a peculiar headdress called sv£ibulum, consisting of a piece of white cloth bordered with purple, oblong in shape, and secured by a clasp " In dress and general deportment they were required to observe the utmost simplicity and decorum, any Ei 1. (I'lut., Num., 10.— Fab. Max., 18.— Quaiat. Rom., torn, vii., 154, ed. Reiske.— Diooys., ii., 67 ; iii., 67 ; viii., 89 ; ix., 40.— -,iv., iv., 44 ; viii., 15; ixii., 57. — Plin., Ep., iv., 11.— Suet., Dom., 8.— Dion Cass., Ixvii., 3 ; Ixxvii., 16, and frag, xci., xcu. — Festus, s. y. Probram et Sceleratus Campns.)— 2. (Suet., Oc- taT.,31: Tib.,76.— Sioul.riao.,23,ed. Goes.)— 3. (Gell.,i.,U.) —4. (Id., X., 15 )— 5. (Id., i., 12.— Gains, i., 145.— Compare Plin., H. N., xiiiv., 11.)— 6. (Dion Cass., xlvii., 19.)— 7. (Senec, Con., vi., 8. — Compare Pint., Tib. Grace, 15.) — 8. (Oros., v., 4.— Snet., Tib., 2.— Compare Cic, Pro Cffil., 14. — Val. Max., v., 4, ♦ a.)- 9. (Plut., Nnm., 10.) — 10. (Dion Cass., lyi., 10.— Pint., I.e.)— 11. (Snet., Ootav., 44.— Tacit., Ann.,iv., 16.)— 12. (Cic, Pro Mnren., 35.)— 13. (Suet., Jul., 1.— Compare C:c., Pro Font., 17.— Snot., Vitell., 16.— Dion Cass., Ixv., 18.— Tacit., Ann., ni., 69: Ii., 32. — Id., Hist.,iii.,8l.) — 14. (Suet., Jul., 83 ; Octav., 101. — Tacit., Ann., i., 8.)— 15. (Plut., Anton., 58.) —16. (Ap- pian, B. C, v., 73. — Dion Cass., ilviii., 37 and 46. — Compare ilviii., 12.)--17. (Serv.ad Virg., jEn.,xi.,206.)— 18. (Val. Max., i., 1, 4 7.— Dionys., ii., 68.-Plin., Ep., iv., 11.)— 19. (Festus, s. r Suffib'ilum.) CQ fancilul ornaments in the one or levity in the othei being always regarded with disgust and suspicion.' We infer from a passage in Pliny' that their hah was cut off, probably at the period of their conse- cration ; whether this was repeated from time tp time does not appear, but they are never renresent ed with flowing locks. The" first of the following cuts, ' copied from a gem," represents the vestal Tuccia, who, when wrongfully accused, appealed to the goddess to vindicate her honour, and had power given to her to carry a sieve full of water from the Tiber to the temple.* The form of the upper gar- ment is here well seen. The second is from a do- narius of the gens Clodia, representing upon the re- verse a female priestess with a simpuvium in hei hand, and bearing the legend VESTALIS ; on the obverse is a head of Flora, with the words C. CLODIVS C. F. • Two vestals belonging to this gens were celebrated in the Roman Annals.' ( Vid. Tbiumphds, p. 1017.) The coin seems to have been struck to commemorate the splendour dl rnc Floralia as exhibited during the famous cedileyliiii of C. Clodius Pulcher, B.C. 99.« (Lipsius, De Vesta et Vcstalibus Syntagma, and Noehden " On the worship of Vesta, &c.. Classical Journal, vol. xv., 123, vol. xvi., 321," have collect- ed most of the authorities on this subject. — Gbttling, Geschichte der Rom. Staalsverf., p. 189.) VESTrBULUM. (Yii. House, Romak', p. 51b-. Janua, p. 527.) VESTICEPS. (Jid. Imphbes, p. 532.) VETERA'NUS. {VU. Tiro.) VEXILLA'RII. {Vid. Army, Roman, p. 103.j VEXILLUM. {VU. SiGNA Militaria, p. 897.) VI^. Three words are employed by the Roman jurists to deliote a road, or a right of road, iter, ac- tus, via. Strictly speaking, iter was applicable to a footpath only, actiis to a bridle- way, via to a car riage-road.' (Compare Servitdtes, p. 879.) We next find via divided into privates or agraria anci pullicce, the former being those the use of which was free while the soil itself remained private prop- 1. (lyiv., iv.,44; viii., 15.— Plin., Ep., iv., 11.— Ovid,Fast.,iy., 285.)— 2. (H. N., xvi., 85.)— 3. (Montfaucon, Ant. Exp., i.,pl. xxviii. — Snpplem., t. i.. pi. xxiii.l— 4. (Val. Max., viii., 1, ^ 5. — Plin., H. N., xxviii., 2.)— 5. (Fid. Ovid, Fast., iv., 879.— Suet., Tib., 2. — Augu.-*tin, De Civ. Dei, x., 16. — Herodian, i., 11.)— (Cic, De Off., ii., 16; c. Verr., iv.,2.— Plin., H. N.,xixv., 4.)— 7. (Dig. 8, tit. 1, 8. 13 i lit. 3, s. 1 ; s. 7, 8, 12.) lOtl njs. vi^ erjy.the latter those oj which the use, the manage- ment, and the soil were alike vested.in the state. ViiB Vicinales {qua in vicis sunt vel qua in vicos du- cunt), being country cross-roads merging in the great lines, or, at all events, not leading to any im- portant terminus, might be either publica or privata, according as they were formed and maintained at the cost of the state or by the contributions of pri- vate individuals.' The via publica of the highest class were distinguished by the epithets mililares, consulares, pratoria, answering to the terms &Soi ^aaiXwai among the Greeks, and king's highway among ourselves. That public roads of some kind must have exist- ed from the very foundation of the city is manifest, but as very little friendly intercourse existed with the neighbouring states for any length of time with- out interruption, they would, in all probability, not extend beyond the narrow limits of the Roman ter- ritory, and would be mere muddy tracks used by the peasants in their journeys to and from market. It was not until the period of the long-protracted Samnite wars that the necessity was strongly felt of securing an easy, regular, and safe communica- tion between the city and the legions, and then, for the first time, we hear of those famous paved roads, which in after ages, keeping pace with the progress of the Roman arms, connected Rome with her most distant provinces, constituting not only the most useful, but the most lasting of all her works.= The excellence f f the principles upon which they were constructed is sufficiently attested by their extra- ordinary durability, many specimens being found in the country abound Rome, which have been used without being repaired for more than a thousand years, and are still in a high state of preservation. The Romans are said to have adopted their first ideas upon this subject from the Carthaginians,^ and it is extremely probable that the latter people may, from their commercial activity, and the sandy nature of their soil, have been compelled to turn their attention to the best means of facilitating the conveyance of merchandise to different parts of their territory. It must not be imagined, however, that the Romans employed from the first the elabo- rate process which we are about to describe. The first step would be from the Via Terrena,* the mere track worn by the feet of men and beasts and the wheels of wagons across the fields, to the Via Glareala, where the surface was hardened by gravel ; and even after pavement was introduced, the blocks seem originally to have rested merely on a bed of small stones.' Livy has recorded' that the censorship of Appius Gsecus {B.C. 312) was rendered celebrated in after ages from his having brought water into the city and paved a road (quod, viam munivit el aquam in urbem perdumt), the renowned Via Appia, which ex- tended, in the first instance, from Rome to Capua, although we can scarcely suppose that it was car- ried so great a distance in a single lustrum.' We undoubtedly hear, long before this period, of the Via Latina,' the Via Gabina,^ and the Via Salaria,'-" &c. ; but even if we allow that Livy does not employ these names by a sort of prolepsis, in order to indi- cate conveniently a particular direction (and that he does speak by anticipation when he refers to milestones in some of the above passages is cer- tain), yet we have no proof whatever that they were laid down according to the method afterward adopt- ed with so much success.^^ 1. (Dig. 43, tit. 8, s. 2, i 21, 22 ; tit. 7, b. 3.— Sicul. Flacc, De Cond. Agr., p. 9, eJ. Goes.)— 2. (Strab., v., p. 235.) — 3. (Isid., XT , 16, t) 6.)-4. (Dig. 43, tit. 11, a. 2.)— 5. (Liv., ili., 27.— Com- nare Liv., x., 23, 47.)— 6. (ix., 29.)— 7. (Niebiihr, Hbm. Gesoh., m.,p 356.)— 8. (Liv , ii., 39.)— 9. (Id.,ii.,lli iii., 6 ; v., 49.)— 10. (Id , vii., 9.)— 11 (Compn'e Liv.,Tii., 39.) 1042 Vitiruvius enters into no details with regard to i road-making, but he gives most minute directions t for pavements ; and the fragments of ancient pave- , ments still existing, and answering to his descrip-' j tion, correspond so exactly with the remains of the \ military roads, that we cannot doubt that the pro- , cesses followed in each case were identical, and i thus Vitruvius,' combined with the poem of Statius' on the Via Domitiana, will supply all the technictS terms. , In the first place, two shallow trenches {sulci) were dug parallel to each other, marking the breadth of the proposed road ; this, in the great lines, such as the Via Appia, the Via Flaminia, the Via Valeria, &c., is found to have been from 13 to 15 feet ; the Via Tusculana is 1 1, while those of less importance, from not being great thoroughfares, such as the via which leads up to the temple of Jupiter Latialis, on the summit of the Alban Mount, and which is to this day singularly perfect, seem to have been ex- actly 8 feet wide. The loose earth between the sulci was then removed, and the excavation con- tinued until a solid foundation {gremium) was reach- ed, upon which the materials of the road might firmly rest ; if this could not be attained, in conse- quence of the swampy nature of the ground, or from any peculiarity in the soil, a basis was formed arti- ficially by driving piles (fistacationibus). Above the gremium were four distinct strata. The lowest course was the statumen, consisting of stones not smaller than the hand could just grasp ; above the statumen was the rudus, a mass of broken stones cemented with lime (what masons call rubble-work), | rammed down hard, and nine inches thick ; above the rudus came the nucleus, composed of fragments of bricks and pottery, the pieces being smaller than in the rudus, cemented with lime, and six inches thick. Uppermost was the pavimentum, large polyg- onal blocks of the hardest stone (silex), usually, at least in the vicinity of Rome, basaltic lava, irregu- lar in form, but fitted and jointed with the greatest nicety {apta jungitur arte silex'), so as to present a perfectly even surface, as free from gaps or irregu- larities as if the whole had been one solid mass, and presenting much the same external appearance as the most carefully built polygonal walls of the old Pelasgian towns. The general aspect will be understood from the cut given below of a portion of the street at the entrance of Pompeii." The centre of the way was a little elevated, so as to permit the water to run off easily, and henca 1. (vii., 1.)— 2. (Sylv., iv., 3.)— 3. (Tilull., i., 7,'ifl.)-4. (M« zc-s, Les Rames de Pompfii, vol i. pi tkxv'i ^ VI^. VI^. toe terms agger ct,i' and summum.dorsum,' although both may be applied to the whole surface of the pavimentum. Occasionally, at least in cities, rec- tangular slabs of softer stone were employed instead of the irregular polygons of silex, as we perceive to aave been the case in the Forum of Trajan, which was paved with travertine, and in part of the great forum under the column of Phocas, and hence the distinction between the phrases silice sternere and taxo quadraio sternere.^ It must be observed, that while, on the one hand, recourse was had to piling when a solid foundation could not otherwise be ob- iained, so, on the other hand, when the road was oarried over rock, the statumen and the rudus were dispensed with altogether, and the nucleus was spread immediately on the stony surface previously smoothed to receive it. This is seen to have been the case, we are informed by local antiquaries, on the Via Appia, below Albano, where it was cut through a mass of volcanic peperino. Nor was this all. Regular footpaths {margines,'^ crcpidines,' umbones') were raised upon each side and strewed with gravel, the different parts were strengthened and bound together with gomphi or stone wedges,' and stone blocks were set up at moderate intervals on the side of the footpaths, in order that travellers on horseback might be able to mount without the aid of an avadoXev^ to hoist them up.° {Vid. Stkatoees.) Finally, Gains Gracchus' erected milestones along the whole extent of the great highways, marking the distances from Rome, which appear to have been counted from the gate at which each road issued forth ; and Augustus, when appointed in- spector of the via; around the city, erected in the Fo- rum a gilded column (xptaow iMtov — xP^""^! n-iav, millifmum aureum}'), on which were inscribed the distances of the principal points to which the viee conducted. Some have imagined, from a passage in Plutarch," that the distances were calculated from the milliarium aureum, but this seems to be disproved both by the fact that the roads were all divided into miles by C. Gracchus nearly two cen- turies before, and also by the position of various ancient milestones discovered in modern times.'- It is certain that, during the earlier ages of the Republic, the construction and general superintend- ence of the roads without, and the streets within the city, were committed, like all other important works, to the censors. This is proved by the law quoted in Cicero," and by various passages, in which these magistrates are represented as having first formed and given their names to great lines, such as the Via Appia and the Via Flaminia, or as having executed important improvements and repairs.'* These duties, when no censors were in office, de- volved upon the consuls, and in their absence on the praetor urbanus, the aediles, or such persons as the senate thought fit to appoint:" But during the last century of the Commonwealth, the administra- tion of the roads, as well as of every other depart- ment of public business, afforded the tribunes a (iretext for popular agitation. Caius Gracchus, in what capacity we know not, is said to have exerted himself in making great improvements, both from a coaviotion of their utility, and with a view to the 1. (bid., IV., 16, t7. — Amm. Marcell., xiz., 16. — Compare Virg., .Sn., T., 273.)^2. (Stat., 1. c.)— 3. (Liv.,x.,23; ili., 27.) — 4. (Liv., xli., 27.)— 5. (Petron., 9. — Orelli, Inscr., n. 3844.)— 8. (Stat., Sylv., iv., 3, 47.)— 7. (Stat., 1. c.)— 8. (Pint., C. Gracch., 7.)— 9. (Id., 1. c.)— 10. (Dion Cass., liv., 8.— Plin., H. N., iii., S. —Suet., Oth., 6. — Tacit., Hist., i., 27.) — 11. (Gall)., 24.)— 12. {VW. Holsten., Do Milliario Aureo in GriEV., Thcs. Antiq. Horn,, jOm. iv. ; and Fabretti, Ue Aq. etAquaeduct., Diss, iii., n. 25;) — ^13. (De Leg., iii., 3.) —14. (Liv., ix., 29, 43. — Epit., 20 ; ixii.; .11 ; xli., 27.— Aarel. Vict., De Vir. Illust., o. 72.— Lips., Exours. ad Tac., Ann., iii., 31.)— 15 (Liv., xxxix,, 2.— Cic, c. Verr., II., i., 19, 50, 59.) acquirement of popularity;' and Cario, when tna une, introduced a lex. Viaria for the construction and restoration of many roads, and the appointment of himself to the office of inspector (imoTOTiyf) for five years." We learn from Cicero' that Ther- mus, in the year B.C. 65, was cmalor cf the Flamin- ian Way, and from Plutarch,* that Julius Caesar held the same office {k'KifiO^.riTTig) with regard to the Appian Way, and laid out great sums, of his own money upon it, but by whom these appointments were conferred we cannot tell. During the first years of Augustus, Agrippa, being aedile, lepaired all roads at his own proper expense ; subsequently the emperor, finding that the roads had fallen into disrepair through > neglect, took upon himself the restoration of the Via Flaminia as far as Ariminum, and distributed the rest, among the most distinguish- ed men in the state (pmmphalibus viris), to be paved out of the money iobtained from spoils [ex manubiali pecunia stemendas'). In the reign of Claudius we find that this charge had fallen upon the queestors, and that: they were relieved of it by him, although some give a different interpretation to the words.' Generally speaking, however, under the Empire, the post of inspector-in-chief (curator)— and. each great line appears to have had a separate officer with this , appellation — was considered a high dig- nity,' insomuch that the title was frequently as- sumed by the emperors themselves, and a great number of inscriptions are extant, bearing the names of upward of twenty princes from Augustus to Con- stantino, commemorating their exertic)ns in making and maintaining pubUc ways.' These curatorcs were at first, it would appear, ap- pointed upon special occasions, and at all timea must have been regarded as honorary functionaries rather than practical men of business. But from the beginning of the sixth century of tho city thero existed regular commissioners, whose sole duty ap- pears to have been the care of the ways, four [quA- luorviri viarum) superintending the streets within the walls, and two the roads without.' When Augustus remodelled the inferior magistracies, he included the former in the vigintivirate, and abolish- ed the latter; but when he undertook the caie ci the viae around the city, he appointed under himself two road-makers (oiSoirotojif '"), persons of praetorian rank, to whom he assigned two lictors. These were probably included in the number of the new superintendents of public works instituted by him," and would continue from that time forward to dis- charge their duties, subject to the supervision and control of the curatores or inspectors-general. Even the contractors employed {mancipes^') were proud to associate their names with these vast un- dertakings, and an inscription has been preserved" in which a wife, in. paying the last tribute to her husband, inscribes upoft.his tomb Manoii-i Vi the Laus Sinus, and then continued along the whols line of the Bruttian coast through Laus and Terina to Vibo, where it joined the main stem. (5.) The Via Eonatia began at Beneventum, struck north through the country of the Hirpini to Equotuticum, entered Apulia at Mcce, and, passing through Herdonia, Canusium, and Rubi, reached the Adriatic at Barium, and followed the coast through Egnatia to Brundisium. This was the route fol- lowed by Horace. It is doubtful whether it bore th« name given above in the early part of its course. (6.) The Via Tkajana began at Venusia, and ran in nearly a straight line across Lucania to Heraclea on the Sinus Tarentinus ; thence following, south- ward, the hue of the east coast, it passed through Thurii, Croto, and Scyllacium, and completed the circuit of Bruttium by meeting the Via Aquillia at Rhegium. (7.) A Via Minucia is mentioned by Cicero,', and a Via Nhmicia by Horace,' both of which seem to have passed through Samnium from north to south, connecting the Valerian and Aquillian, and cutting the Appian and Latin Ways. Their course is unknown. Some believe them to he one and the same. Returning to Rome, we find issuing from tho Porta Capena, or a gate in its immediate vicinity, II. The Via Latina, another great line leading to Beneventum, but keeping a course farther inland - than the Via Appia. Soon after leaving the city, it sent off a short branch (Via Tusculana) to Tuscu- lum, and, passing through Compitum Anagninum, Ferentium, Frusino, Fregellce, Fabraleria, Aquinum, Casinum, Venafrum, Teanum, Alliftz, and Telesia, joined the Via Appia at Beneventum. A cross-road, called the Via Hadeiana, running from Minturna through Suessa Aurunca to Teanum, connected the Via Appia with the Via Latina. III. From the Porta Esquilina issued the Via Labioana, which, passing Labicum, fell into the Via Latina at the station ad Bivium, 30 miles from Rome. IV. The Via PK.a;NESTiNA, originally the Via Ga- BiNA, issued from the same gate with the former. Passing through Gabii and Prteneste, it joined the Via Latina just below Anagnia. V. Passing over the Via Collatina us of little importance, we find the Via TiSuetiita, which is- sued from the Porta Tiburtina, and, proceeding N.E. to Tibur, a distance of about 20 miles, was contin- ued from thence, in the same direction, under the name of the Via Valesia, and, traversing the coun- try of the Sabines, passed through Carseoli and Corjinium to Aternum on the Adriatic, thence to Adria, and so along the coast to Castrum Truenti- num, where it fell into the Via Salaria. A branch of the Via Valeria led to Sublaqueum, and was called Via Sublacensis. Another branch extended from Adria along the coast southward through the country of Frentani to Larinum, being called, as some suppose. Via Frentana Apfhla. VI. TheViA Nomentana, anciently Ficulnensis, ran from the Porta Collina, crossed the Anio to Nomentum, and, a little beyond, fell into the Via Salaria at Eretum. VII. The Via Salaeia, also from the Por'a Col- lina (passing Fidencz and Cruslumerium), ran north and east through Sabinum and Picenum to Reatc and Asculum Picenum. At Castrum Truentinum it reached the coast, which it followed until it joined the Via Flaminia at Ancona. VIII. Next comes the Via Flaminia, the Grc«l North iJoad, commenced in the censorship of C. Fla- minius, and carried ultimately to Ariminnm. It 1. (ad Att., iz., 6.)— 8. (Epist., i., 18, SO.) VIM. issued from the Porta Flamima, and proceeded near- ly north to Ocriculum and Narnia in Umbria. Here a branch struck off, making a sweep to the east through Interamna and Spdetium, and fell again into the main trunk (which passed through Mevania) at Fulginia. It continued through Fanum Flaminii and Nuccria, where it again divided, one line run- ning nearly straight to Fanuvi Fortunm on the Adri- atic, while the other, diverging to Ancona, continued from thence along the coast to Fanum Fortunte, where the two brancheSj uniting, passed on to Ari- mimim through Pisaurum. From thence the Via Flamima was extended under the name of the Via ^Emilia, and traversed the heart of Cisalpine Gaul through Bononia, Mutina, Parma, Placcntia (where it crossed the Po), to Mediolanum. From this point branches were sent off through Bergomum, Brixia, Verona, Vicentia, Palavium, and Aqmleia to TergesU on the east, and through Novaria, Vercelli, Eporedia, and Augusta Pretoria to the Alpis Grata on the west, besides another branch in the same direction through Ticinum and Industria to Augusta Taurino- rum. Nor must we omit the Via Postomia, which struck from Verona right down across the Apen- nines to Genoa, passing through Mantua and Cre- mona, crossing the Po at Placeniia, and so through Iria, Dcrtona, and Libarna, sending off a branch from Dertona to Asta. Of the roads striking out of the Via Flaminia in the immediate vicinity of Rome, the most important is the Via Cassia, which, diverging near the Pons Mulvius, and passing not far from Veii, traversed Etruria through Baccanai, Sutrium, Vulsinii, Clusium, Arretium, Florenlia, Pistoria, and Luca, joining the Via Aurelia at Luna. (a.) The Via Amerina broke off from the Via Cas- tia near Baccance, and held north through Falerii, Tuder, and Perusia, reuniting itself with the Via '"'•assta at Clusium. (/?.) Not far from the Pons Muhius the Via Clo- DiA separated from the Via Cassia, and, proceeding to Sabale on the Lacus Saiaiinus, there divided into two, the principal branch passing through cen- tral Etruria to Rusella, and thence due north to Florcntia, the other passing through Tarquinii, and then falling into the Via Aurelia. (7.) Beyond Baccana the Via Cimina branched off, crossing the Mons Ciminus, and rejoining the Via Cassia near Fanum Vollumna. IX. The Via Aurelia, the Great Coast Road, issued originally from the Porta Janiculensis, and subsequeritly from the Porta Aurelia. It reached the coast at Alsium, and followed the shore of the lower sea, along Etruria and Liguria, by Genoa, as far as Forum Julii in Gaul. In the first instance it extended no farther than Pisa. X. The Via Portuensis kept the right bank of the Tiber to Partus Augusti. XI. The Via Ostiensis originally passed through the Porta Trigemina, afterward through the Porta Ostiensis, and kept the left bank of the Tiber to Osiia. From thence it was continued, under the name of Via Severiana, along the coast southward through Laurentum, Antium, and Circai, till it join- ed the Via Appia at Tarracina. The Via Laueen- TiSA, leading direct to Laurentum, seems to have branched off from the Via Ostiensis at a short dis- tance from Rome. XII. Lastly, the Via Aedeatina, from Rome to Ardea. According to some, this branched off from the Via Appia, and thus the circuit of the city is rompleted. Alphabetical Table 0/ the Vice described above. 1. Via iEmilia VIII. 2. " Appia I. » " Aquillial. (4.' I 4. Via Amerina VHI. (0.) 5. *' Ardeatina Xll. 6. Aurelia IX. r. VIA Via Campana I. (3.) 23. Via Minucia I. (7.) 8. " Cassia VIII. 24. " Nomentana VL 9. " Cimina VIII. (y.) 25. (4 Numicia I. (7.) 10. (( ClodiaVIII. (;3.) 26. « Oatiensis XI. U. " Collatina V. 27. ti Portuensis X. 12. " Consulares I. (3.) 28. " Postumia VIII 13. i( Domitianal. (2.) 29. (( Prffinestina "V 14. » Egnatial. (5.) 30. (( Salaria VII. IS. " Ficulnensis VI. 31. " Setina I. (1.) 16. " Flaminia VIII. 32. " Severiana XI. 17. It Frentana Appula V. 33. " Sublaceusis V, 18. " Gabina IV. 34. K Tiburtina V. 19. " Hadriaua II. 35. 3.) — 6. (Fest,, s. v. Viualia.)— 7. (Fest., s. v. Calpai-.)- 8. ;VaiTO, De Ling. Lat., v., - S5, ^6g).' Pliny dis- tinguishes four : cdhns, answering to levKo^, fulmis to Ki(ii>oi, while fiilag is subdivided into sanguineus and niger, the former being doubtless applied to bright, glowing wines, like Tent and Burgundy, while the niger ox ater' would resemble Port. In the ordinary Greek authors the epithet ipvdpo; is as common as /leixic, and will represent the sanguineus. We have seen that wine intended for keeping was racked off from the dolia into amphoiaB. When it was necessary, in the first instance, to transport it from one place to another, or when carried by travellers on a journey, it was contained in bags made of goatskin {aaxoi, utres), well pitched over, so as to make the seams perfectly tight. The cut be- low, from a bronze found at Herculaneum,* exhibits a Silenus astride upon one of them. When the quantity \v;is large, a number of hides were sewed togetlier, and the leathern tun thus constructed car- ried from place to place in a cart, as shown in the illustration on page 54.* As the process of wine-making among the an- cients was based upon no fixed principles, and for the most part conducted in a most unscientific man- ner, it was found necessary, except in the case of the finest varieties, to have recourse to various de- vices for preventing or correcting acidity, heighten- ing the flavour, and increasing the durability of the second growths. This subject was reduced to a regular system by the Greeks : Pliny mentions four authors who had written formal treatises, and the autliors of the Geoponic collection, together with Calo, Varro, and Columella, supply a multitude of precepts upon the same topic. The object in view was accomplished sometimes by merely mixing dif- ferent kinds of wine together, but more frequently by throwing into the dolia or amphorse various con- diments or seasonings (opriJactf, medicamina, condi- tura). When two wines were mixed together, those 1. (Geopon., vii., 18.— Colum.,xii., 39.— Plin., II. N., xiv., 11. — Virg., Georg., ii., 93.)— 2. (Athen., i., p. 32, c.) — 3. (Plaut., Menxch., v., 6, 17.)— 4. (Mus. Borbon., vol. iii., tav. 28.)— 5. ICompare Lucian, Lex., & riNiiM. were selected which possessed opposite good quat< ties and defect?.' The principal substances employed as conditura were, 1. sea-water ; 2. turpentine, either pure or in the form of pitch (pfa;), tar {pix liquida), or resin (re- sina) ; 3. lime, in the form of gypsum, burned marble, or calcined shells ; 4. inspissated must ; 5. aromatic herbs, spices, and gums ; and these were used either singly, or cooked up into a great variety ot complicated confections. We have already seen that it was customary to line the interior of both the dolia and the amphorae with a coating of pitch ; but, besides this, it was common to add this substance, or resin in powder, to the must during the fermentation, from a convic- tion that it not only rendered the wine more full bodied, but also communicated an agreeable bouquet, together with a certain degree of raciness or pi- quancy.' Wine of this sort, however, when new (novitium rcsinatum), was accounted unwholesome, and apt to induce headache and giddiness. From this circumstance it was denominated crapula, and was itself found to be serviceable in checking the fermentation of the must when too violent. It must be remembered, that when the vinous fer mentation is not well regulated, it is apt to be re newed, in which case a fresh chemical change takes place, and the wine is converted into vinegar (ifoj-, acetum), and this acid, again, if exposed to the air, loses its properties, and becomes perfectly insipid, in which form it was called vappa by the Romans, who used the word figuratively for a worthless blockhead. Now the great majority of inferior wines, being thin and watery, and containing little alcohol, are constantly liable to undergo these changes, ant' hence the disposition to acescence was closely watched, and combated as far as possible. Witfc this view those substances were thrown into the dolia which it was known would neutralize any acid which might be formed, such as vegetable ash- es which contain an alkali, gypsum, and pure lime, besides which we find a long list of articles, whicU must be regarded as preventives rather than cor- rectives, such as the various preparations of turper.- tine already noticed, almonds, raisins steeped in must, parched salt, goats'-milk, cedar-cones, gall- nuts, blazing pine-torches, or red-hot irons quenched in the liquid, and a multitude of others.' But, in addition to these, which are all harmless, we find some traces of the use of the highly-poisonous salts of lead for the same purpose,* a practice which produced the most fatal consequences in the Middle Ages, and was prohibited by a seriep of the most stringent enactments.' Defrulum also was employed to a great extent ; but, being itself liable to turn sour, it was not used until its soundness had been tested by keeping it foT a year. It was then introduced, either in its simple state, in the proportion of a sextarius to the ampho- ra, tiJiat is, of 1 to 48, or it was combined with a great variety of aromatics, according to a prescrip- tion furnished by Columella." In this receipt, and others of the same kind, the various herbs were in- tended to give additional efficacy to the nourishing powers of the defrutum, and great pains were taken to prevent them from affecting the taste of the wine. But from a very early period it was customary to flavour wine highly by a large admixture of per- fumes, plants, and spices. We find a spiced drink (^f upa/iuTuv KaraaKevaCoiJcvoi) noticed under the name of rpifi/ia by Athenasus and the writers of the 1. (Athen., i., p. 32, 6.)— 2. (Plin., II. N., xiv., 25.— Plutarch, Syrup., v., 3.)— 3. (Geopon., vii., 19, 15, 16, &c.)— 4. (Geopon.. vii., 19.) — 5. (y«H. Beckmann*B Hit toiy of Inventions, vol i., p 396.)— 6. (iii.,20.) 1053 VINUM VINUM. new comaay,' and for the whole class Phny has the general term aromutiles.' There was another and very numerous family of wines, entitled olvoi vyieivol, into which drugs were introduced to produce medicinal effects. Such were vinum marrubii (horehound) for coughs ; the scUlites (squill- wine), to assist digestion, promote expectora- tion, and act as a gentle tonic ; absinthites (wine of wormwood), corresponding to the modern vermuth ; and, above all, the myrtites (myrtleberry-wine), which possessed innumerable virtues.' Pliny, under the head oi vina fictitia, includes not only the olvoi vyieivoi, but a vast number of oth- ers, bearing a strong analogy to our British home- made wines, such as cowslip, ginger, elderberry, and the like ; and as we manufacture Champagne out of gooseberries, so the Italians had their imitations of the costly vintages of the most favoured Asiatic isles. These vina fictitia were, as may be imagined, almost countless, every variety of fruit, flower, vegetable, shrub, and perfume being put in requisi- tion: figs, cornels, medlars, roses, asparagus, pars- ley, radishes, laurels, junipers, cassia, cinnamon, saffron, nard, malobathrum, afford but a small sam- ple. It must be remarked that there was one ma- terial difference between the method followed by the Greeks and that adopted by the Romans in cooking these potions. The former included the drug, or whatever it might be, in a bag, which was suspend- ed in a jar of wine, and allowed to remain as long as was thought necessary ; the latter mixed the flavouring ingredient with the sweet must, and fer- mented them together, thus obtaining a much more powerful extract ; and this is the plan pursued for British wines, except that we are obliged to sub- stitute sugar and water for grape-juice.* But not only were spices, fragrant roots, leaves, and gums steeped in wine or incorporated during fermentation, but even the precious perfumed es- sential oils (unguenta) were mixed with it before it was drunk. The Greeks were exceedingly partial to this kind of drink.' We also learn from .^lian' that it was named /ivf>fiiviTii;, which seems to be the same with the /ivfil>iv^s of Poseidippus,' the iivjipivr; of Hesychius, the fivpivtis of Pollux,' and the mur- rkhm of Plautus.' The Romans were not slow to follow the example set them, valuing bitterness so highly, says Pliny," that they were resolved to enjoy costly perfumes with two senses, and hence the ex- pressions "foliata sitis" in Martial," and " perfusa mero sjmmant unguenta Falerno" in Juvenal." In a more primitive age we detect the same fond- ness for the admixture of something extraneous. Hecamede, when preparing a draught for Nestor, fills his cup with Pramnian wine, over which she grates goat-milk cheese, and sprinkles the whole with flour," the latter being a common addition at a much later epoch." So, also, the draught adminis- tered by Circe consisted of wine, cheese, and hon- ey ; and, according to Theophrastus," the wine drunk in the prytaneum of the Thasians was ren dered delicious by their throwing into the jar which contained it a cake of wheaten flour kneaded up with honey." This leads us on to notice the most generally popular of all these compound beverages, the oivofieXi of the Greeks, the mulsum of the Romans. This was of two kinds ; in the one honey was mixed 1. (Athen., i., p. 31, c— Pollux, Onom., yi., 18.)— 2. (xiv., 19, « 5.)— 3. (Columell., 32, 30.— Geopon., viii., 1, <&o.)— 4. (Geo- psrn., viiL, 32, 33, 34.— Plin., H. N., xiv., 19.— Colum., 11. cc— Ciito, R. R., 114, 115.)— 5. (.Slian, V. H., xii., 31.)— 6. (1. o.)— 7. (Athen., i., p. 32, 4.)— 8. (n., 2.)— 9. (Pseudol., ii., 4, 50.— Compare " naidftii amphorain :" Miles Glor., iii., 2, 11,— Featus, l.v. " Munata potio" and " Murrina.")— 10. (H. N., xiii., 5.)— 11 (xiv., 110.)— 12. (vi., 303.)— 13. (II., xi., 638.)— 14. (Athen., t., p. 432.)- 15 (Athen., i., p. 32, o.) — 16. (Compare Piat., Symp., i., 1, 4.) 1054 with wine, in the other with must. The furmei was said to have been invented by the legendaij hero Aristaeus, the first cultivator of bees," and was considered most perfect and palatable' when made of some old, rough {auslerum) wine, such as Massie or Falernian (although Horace objects to the latter for this purpose''), and new Attic honey.' The proportions, as stated in the Geoponic collection were four, by measure, of wine to one of honey, and various spices and perfumes, such as myrrh) cassia, costum, malobathrum, nard, and pepper^ might be added. The second kind, the mnomelum of Isidorus,* according to the Greek authorities,' was made of must evaporated to one half of its original bulk, Attic honey being added in the pro- portion of one to ten. This, therefore, was merely a very rich fruit sirup in no way aUied to wine. The virtues of mulsum are detailed by Pliny ;' it was considered the most appropriate draught upon an empty stomach, and was therefore swallowed immediately before the regular business of a repast began,' and hence the whet {giistatio) coming before the cup of mulsum was called the promuUis? We infer from Plautus' that mulsum was given at a tri- umph by the imperator to his soldiers. Mulsum (sc. vinum) or otvo/zelt is perfectly dis- tinct from mulsa (sc. aqua). The latter, or mead, being made of honey and water mixed and ferment- ed, is the iieXiKpaTov or vSpojieki of the Greeks," al though Pollux confounds^' neXUpaTov with olvofisXi. Again, MpojiriXov^' or hydromclum" was cider ; ofii- iue/li" was a compound of vinegar, honey, salt, and pure water, boiled together and kept for a long time ; fiodoueJit was a mere confection of expressed juice of rose-leaves and honey." The ancients considered old wine not only more grateful to the palate, but also more wholesome and invigorating ;" and, curiously enough, Pliny seems to suppose that it grew more strong and fiery by age, in consequence of the dissipation of the watery particles." Generally speaking, the Greek wines do not seem to have required a long time to ripen. Nestor, in the Odyssee, indeed, drinks wine ten years old," and wine kept for sixteen years is inci- dentally mentioned by Athenasus ;" but the con- noisseurs under the Empire pronounced that all transmarine wines arrived at a moderate degree of maturity {ad vetuslatem medium) in six or seven. ^ Many of the Italian varieties, however, as we shall ■^see below, required to be kept for twenty or twenty- five years before they were drinkable (which is now considered ample for our strongest Ports), and even the humble growths of Sabinum were stored up for from four to fifteen."' Hence it became a matter of importance to hasten, if possible, the natural pro- cess. This was attempted in various ways, some- times by elaborate condiments,'" sometimes by sink- ing vessels containing the must in the sea, by which an artificial mellowness was induced (pracox veiustas), and the wine, in consequence, termed thalassites" ; but more usually by the application of heat." Thus it was customary to expose the amphorse for some years to the full fervour of the sun's rays, or to construct the apotheca in such a manner as to be exposed to the hot air and smoke 1. (Plin.. H. N., xiv , 4.)— 2. (Sat., ii., 4, 24.)— 3. (Mart., iv. 13.— Id., xiii., 108 — Dioscor., v., 16.— Maorob., Sat., vii., 12.)- 4. (Orig., XX., 3, 4 11.)— 5. (Geopon., viii., 26.)— 6. (H. N., xxii., 4. — Compare Geopon., 1. c.) — 7. (Hor., Sat., ii., 4, 25.^Senec., Ep., 122.)— 8. (Cic, Ep. Fain., ii., 16 and 20.)— 9. (Bacch., iv , 9, 149. — Compare Liv., xxxviii., 55.)— 10. (Geopon., viii., 28. — Dioscor., v., 9. — Tsidor., Orig., xx., 3, 1} 10. — Plin., H. N., xiv., 20.)— 11. (vi., 2 )— 12. (Geopon., viii., 27.)— 13. (Isidor., Orig., XX., 3, ti 11.)— 14. (Plin., H. N., xiv., 20.)— 15. (Geopon., viii., 29.1—16. (Atheo., i., p. 26, a. ; ii., p. 36, c.)— 17. (II. N., vii., 3.) —18. (iii., 301.)— 19. (xiii., p. S84, 6.)— 20. (Plin., xiv., 10.)- 21. (Hor., Carm.,!., 9, 7. — Athen., i., p. 276.) —22. (Geopon. vii.. 24.)— 23. (Plin., H. N.. xiv.. 10.1—24. (Pint., Symp , v., 1 VINUM. VINUM. at the bath furnaces,' and hence the name fumaria applied to such apartments, and the phrases fumo- sos,fumum bihere, fuligine testa in reference to the wines." If the operation was not conducted with care, and the amphorae not stoppered down perfect- ly tight, a disagreeable effect would be produced on the contents ; and it is in consequence of such care- lessness that Martial pours forth his maledictions on the fumaria of Marseilles.' The year B.C. 121 is said to have been a season singularly favourable to all the productions of the earth ; from the great heat of the autumn, the wine was of an unprecedented quality, and remained long celebrated as the vinum Opimianum, from L. OpiiLiius, the consul of that year, who slew Caius Gracchus. A great quantity had been treasured up, and sedulously preserved, so that samples were still in existence in the days of the elder Pliny, nearly two hundred years afterward. It was reduced, he says, to the consistence of rough honey, and, like other very old wines, so strong, and harsh, and hit- ter as to be undrinkable until largely diluted with water. Such wines, however, he adds, were use- ful for flavouring others when mixed in small quan- tities. Our most direct information with regard to the price of common wine in Italy is derived from Col- umella,'' who reckons that the lowest market price of the most ordinary quality was 300 sesterces for 40 urnae, that is, 15 sesterces for the amphora, or 6d. a gallon nearly. At a much earlier date, the triumph of L. Metellus during the first Punic war (B.C. 250), wine was sold at the rate of 8 asses the amphora ;° and in the year B.C. 89, the censors P. Li- cinius Crassus and L. Julius Caesar issued a proc- lamation that no one should sell Greek and Amine- an wine at so high a rate as 8 asses the amphora ; but this was probably intended as a prohibition to their being sold at all, in order to check the taste then beginning to display itself for foreign luxuries, for we find that at the same time they positively forbade the use of exotic unguents." The price of native wine at Athens was four drachmas for the metretes, that is, about i^d. the gallon, when necessaries were dear, and Bbckh con- siders that we may assume one half of this sum as the average of cheaper times. In fact, we find, in an agreement in Demosthenes,' 300 casks (/tcpauio) of Mendaean wine, which we know was used at the most sumptuous Macedonian entertainments,' val- ued at 600 drachmas, which gives two drachmas for the metretes, or little more than 2i. a gallon ; but still more astonishing is the marvellous cheapness of Lusitanian wine, of which more than ten gal- lons were sold for 3d. On the other hand, high pri- ces were given freely for the varieties held in es- teem, since as early as the time of Socrates a me- tretes of Chian sold for a mina.' With respect to the way in which vi^ine was drunk, and the customs observed by the Greeks and Romans at their drinking entertainments, the read- er is referred to the article Symposium. It now remains for us to name the most es- teemed wines, and to point out their localities ; but our limits will allow us to enumerate none but the most celebrated. As far as those of Greece are concerned, our information is scanty, since in the older writers we find but a small number defined by specific appellations, the general term ojvor usually standing alone without any distinguishing epithet. The wine of most early celebrity was that which the minister of Apollo, Maron, who dw elt upon the skirts of Thracian Ismarus, gave to Ulysses. It was red {kpvdpov) and honey-sweet {/ieXiiiSea), so precious that it was unknown to all in the mansion save the wife of the priest and one trusty house keeper ; so strong that a single cup was mingled with twenty of water ; so fragrant that even when thus diluted it diffused a divine and most temptinij perfume.' Pliny" asserts that wine endowed with similar noble properties was produced in the same region in his own day. Homer mentions also, more than once," Pramnian wine {olvo^ TipaiivEiOQ), an ep. ithet which is variously interpreted by certain dif- ferent writers.* In after times » wine bearing the same name was produced in the island of Icaria, around the hill village of Latorea in the vicinity of Ephesus, in the neighbourhood of Symrna near the shrine of Cybele, and in Lesbos.' The Pramnian of Icaria is characterized by Eparchides as dry (raXj/pof), harsh {aiarripog), astringent, and remark- ably strong ; qualities which, according to Aristoph- anes, rendered it particularly unpalatable to the Athenians." But the wines of greatest renown during the brill- iant period of Grecian history and after the Roman conquest were grown in the islands of Thasos, Lesbos, Chios, and Cos, and in a few favoured spots on the opposite coast of Asia,' such as the. slopes of Mount Tmolus, the ridge which separates the valley of the Hermus from that of the Cayster," Mount Messogis, which divides the tributaries of the Cayster from those of the Meander,' the volcanic region of the Catacecaumene," which still retains its fame," the environs of Ephesus,'" of Cnidus,'^ of Mi- letus,'* and of Glazomenas." Among these the first place seems to have been by general consent conce- ded to the Chian, of which the most .delicious varie- ties were brought from the heights of Ariusium, in the central parts," and from the promontory of Pha- nse, at the southern extremity of the island." The Thasian and Lesbian occupied the second place, and the Coan disputed the palm with them." In Lesbos; the most highly prized vineyards were around Mytilene" and Methymna."" Pliny,"' who gives the preference over all others to the Clazome- nian, says that the Lesbian had naturally a taste of salt water, while the epithet "innocens," applied by Horace, seems to point out that it was light and wholesome. It may here be observed that there is no founda- tion whatever for the remark that the finest Greek wines, especially the products of the islands in the jEgean and Ionian seas, belonged, for the most part, to the luscious sweet class. The very reverse is proved by the epithets aiarripog, aitX'ripdg, XcxTOf, and the like, applied to a great number, while ylv Kvg and yXvKoiuv are designations comparatively rare, except in the vague language of poetry. "Yi num. omne dulce minus odoraium," says Pliny ;"• and the ancients appear to have been fully sensible that sweet wines could not be swallowed either with pleasure or safety except in small quantities. Tha mistake has arisen from not perceiving that the ex- pressions ohog yXvKvg and olvog ijdvg are by no means necessarily synonymous. The former signi- fies wine -positively sweet, the latter wine agreeable 1. (Colum., i., 6.)— 2. (Tibull., ii., I, 26.— Hor., Carm.,iii., 8, 9.— Juv., Sat., v., 35.)— 3. (x., 36 ; iii., 82 ; xii., 123.)— 4. (iii., 3, 4 12.)— 5. (Vano ap. Plin., H. N., iviii., 4.)— 6. (Plin., H. N., liv., 16.— Id. ib., xiii., 3.)— 7. (In Lacrit., p. 928.)— 8. (Alli- en, iv., p. 129, d.)—9. (Plut., De Anim. Tranquil., 10.— BSckh, Publ. Boon of Alliens, . p. 133.) 1. (Od., ix.,203.)— 2. (H.N., xiv., 6.)— 3. (II., xi., 638.— Od., X., 234.)— 4. (Athen., i., p. 28,/.)— 5. (Alhen., i., p. 30, c, &c.— Plin., H. N., xiv., 6.)— a (Athen., i.,p. 30, c.)— 7. (Strabo.xiT., p. 637.)— 8. (Plin., v., 20.— Virg., Georg., ii.,97.— Ovid, Mel., vi., 15.)— 9. (Strabo, xiv,, p. 650.)— 10. (Vitruv., iii., 3.)— 11. (Keppell's Travels, ii., p. 355.) — 12. (Dioscor., v., 12.) — 13. (Athen., i., p. 29, a.)— 14. (Alhen., 1. c.)— 15. (Plin., xiv., 9.)— 16. (Virg., Eel., v., 71. —Plin., H. N., xiv., 7.— Silius, vii., 210.) —17. (Virg., Georg.jii., 9".)— 18. (Alhen., i., p. 28, 29, 055 VINUM. VINUM. to me taste from the absence of acidity, in most cases indicating notliing more than sound wine. It is well known that all the most noble Italian wines, with a very few exceptions, were derived from Latium and Campania, and, for the most part, grew within a short distance of the sea. " The whole of these places," says Strabo,' when descri- bing this coast, " yield excellent wine ; among the most celebrated are the Cascuban, the Fundanian, the Setinian, and so, also, are the Falernian, the Al- ban, and the Statinian." But the classification adopted by Pliny' will prove our best guide, and ijiis we shall follow to a certain extent. In the first ranlt,'then, we must place the Setinum, which fairly deserves the title of imperial, since it was the chosen beverage of Augustus and most of his courtiers. It grew upon the hills of Setia, above Forum Appii, looking down upon the Pdmptine marshes (Fendnla Pomptinos qua special Selia cam- pos^). Before the age of Augustus, the Cacubum was the most prized of all. It grew in the poplar swamps bordering on the Gulf of Amyclae, close to Fundi.* In the time of Pliny its reputation was en- tirely gone, partly in consequence of the careless- ness of the cultivators, and partly from its proper soil, originally a very limited space, having been cut up by the canal of Nero, extending from Baiae to Os- tia. Galen' represents it as generous, full-bodied, and heady, not arriving at maturity until it had been kept for many years.' The second rank was occupied by the Falernum, of which the Faustianum was the most choice variety, having gained its character from the care and skill exercised in the cultivation of the vines ; but when Pliny wrote, it was beginning to fall in public esti- mation, in consequence of the growers being more solicitous about quantity than quality, just as was the case with Madeira a few years ago. The Faler- nus ager, concerning the precise limits of which there have been many controversies, commenced at the Pons Campanus, on the left hand of those journey- ing towards the Urbana Colonia of Sulla, the Faus- tianus ager at a village about six miles from Sinues- sa, so that the whole district in question may be re- garded as stretching from the Massic hills to the river Vulturnus. Falernian became fit for drinking in ten years, and might be used until twenty years old, but when kept longer gave headaches, and proved injurious to the nervous system. Pliny distinguish- es three kinds, the rough (austerum), the sweet {duke), and the thin (Icnue). Galen' two only, the rough (avuTTipoc) and the sweetish (-y^vKa^ay). When the south wind prevailed during the season of the vintage, the wine was sweetish and darker in colour (/ifXaiTd-pof), but if the grapes were gathered during weather of a different description, it was rough, and tawny or amber-coloured (/«/5/idf). The ordinary appearance of Falernian, which has been made a theme of considerable discussion, seems to be determined by a passage in Pliny,' in which we are informed that the finest amber was named Fa- lerna. Others arranged the varieties differently: that which grew upon the hilltops they called Caw- cinum ; that on the middle slopes, Faustianum ; that on the plain, Falernum.' In the third rank was the Albanum., from the Mons Albanus (Mons Juleus^'), of various kinds, very sweet (prffrfuZce), sweetish (y^u/cafuv), rough,"- 1. (v., p. 234.)— 2. (xiT., 6.)— 3. (Mart., xiii., 112,— See also ri., 86: ii., 3' x.,74; xiii., 112.— Juv., v., 34.— Silius, viii., 378. — Hj., H. N., 1. c.)— 4. (Mart., xiii., 115.)— 5. (Athen., i,, j 27, a)— 6. (Plin., 1. c— Strab., v., p. 231.— Mart., xiii., 115 — Hit., Carm., i., 20, 9 ; iii., 23, 2, &c.)— 7. (ap; Athen., i.,p. 26, c.>— 8. (H. N., xxxvii., 12.)— 9. (Plin:, 1. c, and xxiii., 21.— Athen., i., p. 26, c— Hor., Carm., i., 20, 10. — Propert., iv., 6. — Mart., ix., 95.— Silius, iii., 159.)— 10. (Mart, xiii., 109.)— 11. (Plin.,H,N., xxiii, 21.) 1056 and sharp (Su^oKjaf), it was invigorating (nermi utile), and in perfection after being kept for fifteer years.' Here, too, we place the Surrenlinum, froa the promontory forhiing the southern horn of the Bay of Naples, which was not drinkable until it had been kept for five-and-twenty years ; for, being desti- tute of richness ((i^in^f), andvery dry (^a^apof), it re- quired a long time to ripen, but was strongly recom- mended to convalescents, on account of its thinness and wholesomeness. Galen, however, was of opin- ion that it agreed with those oiily who were accus- tomed to use it constantly ; Tiberius was wont to say that the physicians had conspired to dignifj what was only generous vinegar; while his success- or Caligula styled it nobilis vappa.' Of equal rep- utation were the Massicum, from the hills which formed the boundary between Latium and Campa- nia, although somewhat harsh, as would seem from the precautions recommended by the epicure in Horace," and the Gauranum, from the ridge above Baias and Puteoli, produced in small quantity, but of very high quality, full bodied (,evtovo(), and thick (mlxvc).* In the same class are to be included the Calenum from Cales, and the Fundanum from Fun- di. Both had formerly held a higher place ; " but vineyards," moralizes Pliny, " as well as states, have their periods of rise, of glory, and of fall." The Calenum was light {Kovo.r," from the iiiBm aftire^oc," which Virgd tells ns"'was particularly suitable for passum, and the Kairvtac (smoke-wine) of Plato the comic poet," pre- i. (Plin., H. N., xiv., 8, ^6-^Mart., xiii., 118.— SiKus, in., iS70.)— 2. (Plin.i H. N., x\t„ 9.--Geopon.. v., 2.— Athen., i., p. 88, d.)-3. (Atheft., i., p. 29,/.) -4. (Athen., i., P; 29. »•) -5. (Hemd., ii., 35.— Athen., i., p. 31, o.)-6. (Athpn., i., p. 33,/.— "Strab., xvii., p. r99.-Hor., Carm.. i.. 37, lO.-JlTff., Gforg., il., 91.-LucaTi, X., lei.-Plin., 11. N., xiV., 9.)--. (xui., ll«-)---8. ■(Hesych.)-9. (Flm., 11. N., xiv,,-4,« 1.— Cato, R. R., 6 and 7. ^olum., iii., 2, « 7 ; 9, « 3.)-l'0. (Virff., Geors.^ ii., 9.. -Ga- len, Meth. Med., xii., 4. — Gcopon., viii., 22.- els., iv.,J.— Macrob., ii., 16.— A'jsou., Ep., xviii., 32.— Sercn. iamrn., iiii., ■544.)_11, (Athen., i., p. 28,/.)- .2. (Colum., iii., 2, 1) 24.)— S. 'Gforr., ii., 93.)-lt 'Athen., i., p. 31, c.) H !3 pared in greatest perfection netr Beneventnm, iroOi the KuTTvcof u/ineTiof, so named in consequence ol the clusters being neither white nor black, bu* of an intermediate dusky or smoky hue.' On the other hand, the ZaTrpiof, on whose divine fragrance Heriilippus descants in such glowing lan- guage,' is simply some rich wine of great agfe, " tdbthleiss, and sere, and wondrous old" (Moirof ffiik ^X^v, ^6rj cairpb^ . . . yipuv ye daifioviuQ^). The origin of the title uvBoafiia; is somewhat mors doubtful : some will have it to denote wine from a svveet-sthfeHing spot ;* others more reasonably refer it to the " bouquet" of the wine itself;* according to Phanias of Eresus, in One passage, it was a com- pound formed by adding one par^ of seawater to fifty Of must, although in another place he seems to say that it was wine obtained from grapes gath- ered before they were ripe, in which case it might resemble Champagne.' Those who desire more minute details upon this very extensive subject may consult the Geoponir, Collection, books iii. to viii. inclusive ; the whole of the 14th book of Pliny's Natural History, togeth- er with the first thirty chapters of the 23d ; the 12th book of Columella, with the commentary of Schneider and others ; the 2d hook of Virgil's Georgics. with the remarks of Heyne, Voss, and the old grammarians ; Galen, i., 9, and xii., 4 ; Pol- lux, vi., et seq. ; Athenajus, lib. i. and lib. x. ; be- sides which, there are a multitude of passages in other parts of the above authors, in Cato, Varro, and in the classics generally, which bear more or less upon these topics. Of modern writers we may notice particularly, Prosper Rendella, Tractatus de Vinea, Vindemia et Vino, Venet., 1629. — Galeatius Landrinus, Qucestio de Mixtione Vini et Aqua, Ferrar., 1593.— Andreas Baccius, X)e Naturali Vinoriim Historia, &c., Rom., 1596. — De Conviviis Aniiguorum, &c., Gronov. Thes. Grace. Antiq. — Sir Edward Barry, Ohserva lions on the Wines of the Ancients, Lond., 1776.^ Henderson, History of Ancient and Modern Wines, Lond., 1824. Some of the most important facts are presented in a condensed form in Becker's Gal- lus, vol. ii., p. 163-176, and p. 238-241, and CJiaH- klcs, i., 456, seq. VIOCURI. {Vid. QuATCORviRi Viales.) *VI'OLA ((Of), the Violet. {Vid. Ion.) VIRGA, dim. VIRGULA (/5d6(!of), a Rod or "Wand. This was in many cases the emblem of a certain rank or office ; being carried, for example, by the Salii {vid. Ancile), by a judge or civil officer (see woodcut, p. 61), a herald {vid. Caducehs'), and by the tricKniarcha {vid. Tuiclinium), or any other person who had to exercise authority over slaves.' The use of the rod {^Mil^etv') "in the punishment of Roman citizens was abolis'hed by the lex Porcii (p. 585). In the fasceS a number of rods were boiind together. A rod was used to thraSh the smaller kmds of grain, such as cummin." {Vid. Flagebm.) The wand was also the common instrumeni of magical display, as in the hand of Circe" and of Minerva." To do anything virgula divina was to do it by magic." The 'stripes of cloth were called virgts.^* {Vid. Pallium, p. 718; Tela, p. 955.) 1. (Theophrast., II. P., ii., 4.— Id., C. P., v., 3.— Aristot;, De Gen. An., iv., 4.— Plin., II. N., xiv., 4, 1) 7.— Compare xxxvi., 36 oil the gem " Ca,.iiias.")— 2. (Athen., i., p. 29, c.)— 3. (Athen., x., p. 441, d.—Vid. Eiistath. ad Horn;, Od., ii., 340.— Casaub. ad Athon., i., p. 29.)— 4. (Said., s. v.)— 5. (Hesych., s. v.)— 6. (Athen., i ., p. 32, «..— Compare p. 462, c. )— 7. (Non. Marc., p. 528., —Ovid, Met., :., 716.)— a. (Senec, Epist., 47.)— 9. (Acts, ivi., 22.)— 10. (flieron. in Is., xiviii., 27.)— 11. (IJoni., Od., x., 238, 293, 318, 3i9.)-12. (xvi., "2.)^13. (Cic. ad Atl., i., 44.>-14 (Ovid, Ai. At.., iii., 269J Mini VITRUM. VITRUM. VIRGflJSES VESTA LES. (Vid. Vestales Vir- •IHES.) VIRIDA'RIUII. (,Vid. HoHTOs, p. 511.) VIS. Leges were passed at Rome for the pur- pose of preventing acts of violence. The lex PIo- tia or Plautia was enacted against those who occu- pied public places and carried arms.' The lex proposed by the consul Q. Catulus on this subject, with the assistance of Plautius the tribunus, appears to be the lex Plotia." There was a lex Julia of the dictator Csesar on this subject, which imposed the penalty of exiled Two Julias leges were passed as to this matter in the time of Augustus, which were respectively entitled De Vi Publica and De Vi Pri- vata.* The lex De Vi Publica did not apply, as the title might seem to import, exclusively to acts against the public peace, and it is not possible to describe it very accurately except by enumerating its chief provisions. The collecting of arms (arma, tela) in a house (domus) or in a villa (agrove in vil- la), except for the purpose of hunting, or going a journey or a voyage, was in itself a violation of the lex. The signification of the word tela in this lex was very extensive. The punishment for the viola- tion of this lex was aquae et ignis interdictio, ex- cept in the case of attacking and plundering houses or villas with an armed band, in which case the pun- ishment was death ; and the penalty was the same for carrying off a woman, married or unmarried. The cases enumerated in the Digest as falling with- in the penalties of the lex Julia De Vi Privata are cases where the act was of less atrocity ; for in- stance, if a man got a number of men together for a riot, which ended in the beating of a person, but not in his death, he came within the penalties of the lex De Vi Privata. It was also a case of vis priva- ta when persons combined to prevent another being brought before the praetor. The senatus consultum Volusianum extended the penalties of thelex to those who maintained another in his suit with the view of sharing any advantage that might result from it. The penalties of this lex were the loss of a third part of the offender's property ; and he was also de- clared to be incapable of being a senator or decurio, or a judex : by a senatus consultum, the name of which is not given, he was incapacitated from en- joying any honour, quasi infamis VIS et VIS ARMATA. There was an interdict De Vi et Vi Armata, which applied to the case of a man who was forcibly ejected from the possession of a piece of ground or edifice {qui vi dejeclua est). The object of the interdict was to restore the party ejected to possession.' {Vid. Intebdictum.) VISCERA'TIO. (7a. FuNHs, p. 462.) . *VISCUM ((fo'f), the Mistletoe. {Vid. Ixos.) . VITIS. (Fid. Centokio.) , ,.*VITIS,,("i«'''e/lof), the Vine. " According to Sprehgel, the a//7reAof aypia of Dioscorides is the Taurus communis ; the Xevkti, the Bryonia, dioica ; and the ni'Kaiva, the Bryonia alba. In this account of them he copies from Dodonsus. Stackhouse marks the first as the Vaccinium Viiis Idaa ; but Schneider doubts whether either of the plants re- ferred to by Sprengel and Stackhouse apply to the description of it given by Theophrastus. Dierbach marks the aypia as being either the Bryonia dioica or Cretica. The a/ijreXof olvoipopog is the Vitis vini- fera, L." {Vid. Vinhm, at the commencement of the article.)" VITRUM (iialog), Glass. A singular amount of ignorance and skepticism long prevailed with re- gard to the knowledge possessed by the ancients in 1. (Cic. ad Av., ii., 24.— Id.,DeIIanlsp. Hesp., 8.)— 2. (Cic, Pro CkI., 29 - Sullust in Cic, Declam.)— 3. (Cio.j Philip., i., 9.) -4. (Dig. 4f lit. 6, 7.)— 5. (Dig. 43, tit. 16.)— 6. (Adams, Ap- pend., B. V. ^(TTcXoff.) 105S the art of glass-making. Some asserted that it Was to be regarded as exclusively a modern invention, while others, unable altogether to resist the mass of evidence to the contrary, contented themselves with believing that the substance was known only in its coarsest and rudest form. It is now clearly demonstrated to have been in common use at a very remote epoch. Various specimens still in exist^ ence prove that the manufacture had . in som« branches reached a point of perfection to which re- cent skill has not yet been able to attain; and, al- though we may not feel disposed to go so far as Winckelmann,' who contends that it was used more generally, and for a greater variety of purposes, in the old world than among ourselves, yet, when we examine thO; numerous collections arranged in all great public museums, we must feel convinced that it was employed as an ordinary material for all manner of domestic utensils by the Egyptians, Greeks, and Romans. . , We find the process of glass-blowing distinctly represented in the paintings of Beni Hassan, which, if any faith can be reposed in the interpretation of hi- eroglyphics according to the Phonetic system, were executed during the reign of Osirtasen the First, the contemporary of Joseph, and his immediate successors, while a glass bead has been found at Tliebes bearing the name of a monarch who lived 3300 years ago, about the time of the Jewish Ex- odus. Vases also, wine-bottles, drinking-cups, bur gles, and a multitude of other objects, have been discovered in sepulchres and attached to mummiee both in Upper and Lower Egypt ; and, although in most cases no precise date can be affixed \to these relics, many of them are referred by the most com- petent judges to a very early period.' A stpry has been preserved by Pliny' that glass was first discovered accidentally by some mer- chants, who, having landed on the Syrian coast at the mouth of the river Belus, and being unable to find stones to support their cooking-pots, fetched for this purpose from their ship some of the lumps of nitre which composed the cargo. This being fused by the heat of the fire, united with the sand upon which it rested, and formed a stream of vitrified matter. No conclusion can be drawn from this tale, even if true, in consequence of its vagueness ; but it originated in the fact recorded by Strabo* and Josephus,' that the sand of the district in question was esteemed peculiarly suitable for glass-making, and exported in great quantities to the workshops of Sidon and Alexandrea, long the most famous in the ancient world. (See Hamberger and Michaelis on the Glass of the Hebrews and Phcenicians, Ccmr mentar. Soc. Gait., tom. iv. — Heeren, Ideen, I., ii., p. 94.) ' Alexandrea sustained its reputation for many centuries ; Rome derived a great portion of its supplies from this source, and as late as the reign of Aurelius we find the manufacture still flourishing.' There is some difficulty in deciding by what Greek author glass is first mentioned, because the term fiaAof, like the Hebrew word used in the book of Job,' and translated in the LXX. by iia^oc, unques- tionably denotes not only artificial glass, but rook- crystal, or, indeed, any transparent stone or stone- like substance.' Thus the HeXoc of Herodotus,' in which the Ethiopians encased the bodies of their dead, cannot be glass, although understood in this sense by Ctesias and Diodorus,'" for we are ex- 1. (i., 0. 2, 1/ 20.)— 2. (Wilkinson, Anc. Egyptians, vol. iii.,J). 88, &c.)— 3. (H. N., xxxvi., 65.)— 4. (xvi., p. 758.)— 5. (B. J., ii., 9.)— 6 (Cic, Pro Rabir. Post., 14.— Strata, I. c— Martial, xi,, II. — Id., xii., 74. — Id,, xiv., 115. — Vopia-.., Aurel., 45. — Bou- det, " Sur I'Art do la Verrerie n6 in Egypte," Description di I'Egypte, torn, ix., p. 213.)— 7. (ixviii., 17.1—8. (Sohol. ad AriB toph., Niib., 737.)-» (iu., 94.)-10. (if., 15.) VITRUM. VITRUM. prensiy roii thai it was dug in abundance out of the earth ; and hence commentators have conjectured that rock-crystal, oi rock-salt, or amber, or Oriental alabastei, or some bituminous or gummy product might be indicated. But when the same historian, In his account of sacred crocodiles,' states that they were decorated with earrings made of melted stone iuprrifiaTu. re Xidiva xvra xai xpiaea if tu c5ra hBiv- rcf), we may safely conclude that he intends to de- Bciibe some vitreous ornament for which he knew tto appropriate name. The a 4.— Serv. ad Virg., JEn., x., 538.— The expression of Lucan is obscure, v., 142. — 6. (ii., 40-42 ,—~. (ii., 43.) lOGS usur;Afl0. asucAPio. Uiat one or two years would be quiie suTficient for the owner to look after his property, that being the time allowed to the possessor for usucapio." The reason for limiting the owner to one or two years has little reason in it and possibly no histori- cal truth ; but it is clear from this passage that this application of the rule of usucapio was formed from analogy to the rule of the Twelve Tables, and that it was not contained in them. The limitation of the time of usucapio is clearly due to the Twelve Ta- bles, and the time applied only to purchases of res ffli^ncipi from the owner when the legal forms of ecnveyance had been neglected. But the origin of usucapio wai probably still more remote. When Gaius states that there was originally only one kind of ownership at Rome, and that afterward ownership was divided, he immediately shows how (his arose by taking the case of a res mancipi. This division of ownership rested on the division of things into res mancipi and res nee mancipi, adistinction that had reference to nothing else than the mode of trans- ferring the property of them. Things were merely called res mancipi because the ownership of them could not be transferred without mancipatio. Things were res nee mancipi, the alienation of which could be effected without mancipatio. There could be no division of things into mancipi and nee mancipi ex- cept by determining what things should be res man- cipi. Res nee mancipi are determined negatively : they are all things that are not res mancipi : but the negative determination presupposes the positive ; therefore res mancipi were determined before res nee mancipi could be determined ; and before the res mancipi were determined, there was no distinc- tion of things into res mancipi and res nee mancipi. But this distinction, as such, only affected the con- dition of those things to which it had a direct appli- cation : consequently, all other things remained as they were before. The conclusion, then, is certain, that the res mancipi, as a class of things, were an- terior, in order of time, to the class of res nee man- cipi, which comprehended all things except res man- cipi. Until then, the class of res mancipi was estab- lished, all pioperty at Rome could be alienated by Dare tradition, as res nee mancipi could be alienated by tradition after the class of res mancipi was con- stituted. The time when the class of res mancipi was form- ed is not known ; but it is most consistent with all that we know to suppose that it existed before the Twelve Tables. If we consider the fornis of man- cipatio (»j(Z. Mancipatio), we cannot believe that they arose in any other way than by positive enact- ment. -\s soon as the forms of mancipatio and of the in jure cessio (which, from its character, must be posterior to mancipatio) were established, it fol- lowed that mere tradition of a thing to a purchaser and payment of the purchase-money could not transfer the ownership of a res mancipi. The trans- fer gave the purchaser merely a possessio, and the original owner retained the property. In course of time, the purchaser obtained the publiciana actio, and from this time it might be said that a double ownership existed in the same thing. The introduction of mancipatio, which gave rise to the double ownership, was also followed by the .ntroduction of usucapio. The bona fide possessor of a res mancipi which had not been transferred by mancipatio, had no legal defence against the owner who claimed the thing. But he had the exceptio doli, and subsequently the exceptio rei venditse et traditae, by which he could protect himself against the owner ; and as possessor simply, he had the pro- tection of the interdict against third persons. He had the full enjoyment of the thing, and he could transfer the possessio, but he could do no act with lOfit. respect to it for which Quiritarian jwnership'waj necessaiy ; consequently, he could not alienate it by mancipatio or in jure cessio, and it was a neces- sary consequence that he could not disposeof ;t by testament in the same way in which Quiritarian ownership was disposed of by testament. The ne- cessity for such a rule as that of usucapio '^as evi dent, but it could arise in no other way than bj positive enactment, for its effect was to be the saaie as that of mancipatio. The Twelve Tables fixed the term of usucapio, but we do not know whether they fixed or merely confirmed the rule of law af to usucapio. It is a mistake to suppose that tradition or deliv- ery was a part of mancipatio as such. Mancipatio was merely a form of transferring ownership which was fixed by law, and the characteristic of which was publicity: a delivery of the thing would of course generally follow, but it was no part of the transfer of ownership. Land {prcedia), for instance, could be mancipated without delivery (in absentic mancipari sulent^). In the case of movable things, it was necessary that they should be present, not for the purpose of delivery, but that the thing man- cipated might be identified. The essential to the transfer of ownership in all ages and in all countries is the consent of two persons wh- one, i., 12)-2. (Cic, De Leg., i., 21.)-3. (Gums, ii., 48.)--4. ; ., 51..>-5 (Gaius, ii., 58.— Cic, Top., 0.- Plin.! i067 USUCAPIO. USUSFRUCTUS. Quiritariaii ownership of the thing remancipatio was necessary ; but if tlie thing was transferred, to him by traditio, the remancipatio was completed by usu- eapio, or, as it is here called, by usureceptio : for usureceptio diflers in no respect from usacapio, ex- cept that the person who acquires tlie Quiritarian ownership by usus, in the one case acquires (capii), ■n the other reacquires (recipit) tha thing. In the isase of a pignorated thing, the debtor's; capacity to recover by usureceptio was the same as in the case of fiducia, as soon as he had paid his debt to the creditor : and even if he had not paid the money, and had obtained possession of the thing neither by hiring it from the creditor nor precario, he had a lucrative usucapio, which was a usureceptio, and was probably formed from analogy to the lucrativa usucapio pro. Iserede. Servitutes piraediorum rusticorum were establish- o\ at least according to the old law, by maneipatio ; the right to the servitutes could only be properly ex- tinguished by a remancipatio. If the servitus was e.;tinguished by mere agreement, there must be a usireceptio on the part of the owner of the servient tet.ement, in order to complete its legal release from tlic servitus. In order that the possession of the libertas of the servient land might be enjoyed unin- terruptedly for two years, there must be for the same lime a total abstinence from all exercise of the right on the part of him who had the servitus. Subse- quently it was considered sufficient if the person entitled to the servitus did not exercise his right for two years. When usucapio was established as a means of giving the Quiritarian ownership to him who had acquired a thing in bonis, the form of mancipatio must have gradually lost its importance, and usu- fiapio (jame to be viewed as a mode of acquisition. Accordingly, it has been already observed, it became applicable to all cases of bona fide possession, wheth- er the thing was a res mancipi or not. Former- ly, if a will had been made in due form, except as to mancipation and nuncupation, the heres acquired the hereditas by usucapio ; but with the introduc- tion of the praetorian testament (vid. Test.imentum) and the boi orum possessio, the bonorum possessor obtained thi right toactiones fictitiae or utiles in all cases where the deceased had a right of action, and he acquired by usucapio the Quiritarian ownership of the several things which were included in the he- reditas. In course of time, it came to be considered by the jurists as a rule of law that there could be no usucapio of an hereditas.' In like manner, in the case of servitutes established by contract, the- introduction of the actio publiciana rendered the doctrine of usucapio unnecessary, and a Scribonia lex is mentioned which repealed all usucapio of ser- vitutes." But this lex only applied to the establish- ment of servitutes ; it did not affect that usucapio by which the freedom of a servient piece of land was effected. It became a maxim of law : servitutes pradiorum rusticorum nanutendo amittunturf vf\iic\i, viewed with respect to the servient land, was a usu- receptio. In this sense " usurpata recipitur" seems to be used in a passage of Paulus." " Usurpari" is commonly used in the sense of "uti," and in this passagi. of Paulus " usurpata recipitur" seems equiv- iilent to ''«SM recipilur," though this is not the mean'dg that has usually been given to this pas- sage. In the case of marriage, also, usucapio fell into isuse, as we learn from Gaius.* But in other respects usucapio subsisted. He who had acquired a res mancipi by tradition, had flow a praetorian ownership, and he had a right of 1. (GaiuE, ii., 54.)— 2. (Dig. 41, tit. 3, 8. 4, « 29.)-3. (S, R., I,, tit 17, s. 2.)— 4. (i.. 111.) lOfiR action in respect of this ownership, which was annt ogous to the rei vindicatio. But usucapio was stili necessary to give him Quiritarian ownership and its consequent advjantages. The distinction between res mancipi and nee mancipi existed, and, as aeon- sequence, the testamentum per aes et libram siub. sisted at the same time with the friHtorian test* ment. When, finally, all distinetion was abolished betwetn res mancipi and nee mancipi, and the ownership of all things could be acquired by traditio and occu- patio, that kind of usucapio ceased by which a thing ia bonis became a man's ex jure Quiritium. All usucapio was now the same, and its general defini- tion became " adjectio darmnii per contirtLationem pos^ aesaioms lemyoris lege dejiniti."^ From this time the terms usut^apio and longi temporis pra;scriptlo were used indifferently, as some writers suppose, though on this point there is not uniformity uf opin- ion. (Engelbach, Ucberdie Vaucapiok zur zeit dcr ZwolJ Tafdn; Marburg, 1828. — Miihlenbrueh, Doctrin. Pandect., 4 261, &e. — JJeber. die Uaucapio, pro hered'e von Arndts, JJAein. Mus. fiir Jurisprudenz, ii., 125.) USUR.^. (Fid. Interest .OF Money, p. 546.) USURPA'TIO. One sense of this word is "wsu- capionis interruptio."' Appius Claudius, not the de- cemvir, but he who madethe AppiaVia, and brought the Aqua Claudia to Rome, wrote a book De Ilsur- pationibus, which was not extant in the time of Pomponius.' In some cases " usurpatio" means the preservation of a right by the exercise of it, as "jus vsurpatum," in the case of a servitus aquae ducen- das ; and this nearly agrees with that sense of usurpare which is equivalent to uti. {Vid. Usuo»- PIO.) USUS. {Vid. Mabkiage, Roman, p. 623.) USUS. (Vid. USUSPRUCTDS.) USUSFRUCTUS and USUS were personal servj. tutes.* Ususfructus: is defined to be "jus alicnis rebus vlendi fruendi salva rerum substantia,"' Ac- cordingly, ususfructus comprehended the "jus utendi" and the "jus fruendi." Usus comprehended only the "jus utendi." The complete distinction between ususfructus and usus will only appear from a state- ment of what each is. A ususfructus was the right to the enjoyment of a thing by one person, while the ownership belonged to another. It could be established by testament, as when the heres was required to give to another the ususfructus of a thing ; and it could also be es- tablished by contract between the owner of a thing and him who contracted fer the ususfructus. He who had the ususfructus was ususfructuarius or fructuarius, and; the object of the ususfructus was res fructuaria. There' might be ususfructus both in praedia rus- tica and urbana, in slaves, beasts of burden, and other things. If the ususfructus of a thing was bequeathed to a person, all the "fructus" of the thing belonged to the fructuarius during the time of his enjoyment. Consequently, if the ususfructus of a piece of land was given to him, he was entitled to collect and have for his own all the fructus that were already on the land, and all that were produced on it during tho time of his enjoyment ; but as he only acquired the ownership of the fructus by collecting them, he was not entitled to fructus which existed on the land at the time when his right ended, and which he had not collected. He was bound not to injure the land, and he was bound to cultivate it properly. As to quarries and 1. (Di^. 41, tit. 3, s. 2 : " De Usurpationibiis et UsucapiuuX bu8.")-2. (Dig. 41, tit. 3, s. 2.) — 3. (Dig-.),tit. 2, s. 30,1-4 (Dig. 8, tit. 1, 8. 1.)— 5. (Dig. 7, tit. 1, 3. 1.) USUSFRUCTUS. ■nines, he could work them for his benefit, if he worked them properly {quasi bonus paterfamilias). It, after the bequest of the ususfructns, minerals were found on the land, he could work them. He could be compelled to plant new trees in the place of those which died, and generally to keep the land In good condition. If the ususfructus was of aedes, theftuctuarius was entitled to all the rents and prof- its which he received during the time of his enjoy- ment. He could be compelled to keep a house in repair, but it seems to be doubtful how far he was bound to rebuild the house if it fell down from de- cay : at any rate, he was liable for all moderate and teasonable expenses which were necessary for the maintenance of the property. The fructuarius could not alienate the right to the ususfructus, though he might give to another the usus of his right ; and he might surrender the right to the ususfructus to the owner of the thing. He could not subject the thing to servitutes ; nor could tiie owner do this, even with the consent of the fruc- tuarius. The fructuarius could make such changes or alterations in the thing as would improve it, but not such as would in any way deteriorate the thing. Consequently, he had greater power over cultivated land than over houses or pleasure-grounds, for a part of the value of houses or pleasure-grounds, and things of the like kind, consists in opinion, and must be measured by the rank, wealth, and peculiar dis- position of the owner. The fructuarius could maintain or defend his rights by action and by interdicts. On the completion of the time of the ususfructus, the thing was to be re- stored to the owner, who could generally require se- curities from the fructuarius both for the proper use of the thing and for its restoration in due time. This security was in some cases dispensed with by positive enactments, and in other cases by agree- ment ; but it could not be dispensed with by testa- ment. Originally there could be no ususfructus in things unless they were things corporeal, and such as could be restored entire when the time of ususfrtiotus had expired. But by a senatus consultum of uncertain date there might be quasi ususfructus of things which were consiimed in the use, and in this case the fruc- tuarius in fact became the owner of the things, but was bound to give security that he would either re- store as much in quantity and value as he had re- ceived, or the value of the things in money. It is generally supposed that this senatus consultum was passed in the time of Augustus, and a passage of Cicero' is alleged to show that it did not exist in the time of Cicero : " Ifon debet ea mulier, cui vir boHo- rum suorum usurnfructum legavit, ccllis vinariis et ole- ariis plenis relictis, putare id ad se pertinere. Usus enim. non abusus legalur." The only difficulty is in the words " id ad se perlihere," which are usually translated "these things (the cellae vinarise, &c.) are not objects of ususfructus," from which it is in- ferred that there was at that time no ususfructus in things which were consumed in the use. But if this is the sense, the words which follow, " for the usus, not the abusus (power to consume), is the object of the legacy," have no clear meaning. These words simply signify that a usus is given, not an abusUs ; but this does not prove that an abusus could not be given. Puchta shows that the phrase " res pertinet ad usufnictuarium," which exactly corresponds to the phrase in Cicero, does not mean " that the thing is an object of ususfructus," but that " it does not belong to the fructuarius." In the Digest' the ques- tion is, whether the young child of a female slave belongs to the fructuarius (are partus ad fructuariutn I. (Tod., 3.1~S. (7, ::t l,s. USOSFKUCTUS pertineat), ind it is answered in the negative, witn the foUoWjUg explanation : " nee usurnfructum in ce fructuarius ha.bebit." The passage of Cicero, thern- fore, will mean, that wine and oil in the testator's possession are not given to her by a bequest of the ususfructus of his property, for it is usus, that is, the enjoyment of the property, which is given, and nol " abusus" or the power to consume things. In other words, the testator gives the woman a ususfructus ir all his property, that is, a right to gather the fruits • but he does not give the wine and oil, which aif fruits already gathered, to the woman to be her prop- erty, as if she had gathered them during her usus- fructus. Puchta contends that " abusus" does not necessarily signify that there could be " abusus" only in the case of things " qua usu eonsumuntur :" he says that in the place of wine and oil Cicero might have given the young of animals, as an example, without altering his expression. If this interpreta- tion is correct, Puchta contends that the senatus consultum as to quasi ususfructus is older than the time of Cicero. But, in truth, the senatus consultum does not apply to the case under consideration, which is simply this, whether a gift of ususfructus is a gift of the fructus that are already gathered ; and Cicero says that it is not, for it is usus which is given, that is, ususfructus, or the riglit of gathering the fruits, and not abusus, which implies the right to the un limited enjoyment of a thing. If abusus had been given, the woman's power over all the property of the testator, including the wine and oil, would have been unlimited ; but as abusus was not given, and as u .usfructus implies the gathering of the fruits by the liuctuarius, the enjoyment of the fruits already gathered could not belong to her. The argument of Cicero, then, proves nothing as to the exislenc ' of a quasiususfructus in his time ; so far as his ar gument goes, the quasiususfructus might have then existed or might not have existed. The interpreta- tion of Puchta is correct, but his conclusion is not certain. In addition to this, it does not appear thai senatus consulta were made on such matters as those relating to the law of property before the im perial period. Usus is defined' by the negation of "frui .-" " cu\ usus relictvs est, uti potest, frui vero non potest." The title of the Digest above referred to is " De Usu ei habitatione," and the instances given under that ti- tle mainly refer to the use of a house or part of a house. Accordingly, the usus of a house might be bequeathed without the fructus :' it has been al- ready explained what'is the extent of the meaning of ususfructus of a house. The usus of a thing im- plies the power of using it either for necessary pur- poses or purposes of pleasure. The man who was entitled to the usus could not give the thing to an other to use, though a man who had the usus of a house could allow another to lodge with him. A man who had the usus of an estate could take wood for daily use, and could enjoy the orchard, the fruit, flowers, and water, provided he used them in mod- eration, or, as it is expressed, " non usque ad com- pendium, sed ad usum scilicet non abusum." If the usue of cattle {pecns) was left, the usuarius was en- titled to a moderate allowance of milk. If the usns of a her.l of oxen was bequeathed to a man, he could use the oxen for ploughing, and for all purpo- ses for which oxen are adapte;! If the usus was of things which were consumed in the use, then the usus was the same as ususfructus.' Usus was in its nature indivisible, and, aocordinglj, a part of a usus could not be given as a legacy, tlioagh persons might have the fru'-tus of a thing in common.* As to his duties, the usuarius was in most respects like I. (Dif. 7, tit. 8, s. 2.1^2. (Dig. 7. tit. 8, s. 18.1 — 3 (D , ' tit. 5,8.5, « 2; 3.10, 4 l.)-4. (Die- ', tit. 8, 8. 19.) " ' 106.4 XENAGOI. XENIAS UKAPHE. .he fructuarius. In some cases usus is equivalent to ususfructus, as where there can be no usus of a thing without a taking of the fructus.' UTERINI. (Ktrf. CoGNATi.) UTI POSSIDETIS. ( Vid. Interdictum, p. 543.) UTILIS ACTIO. {Vid. Actio, p. 17.) UTRES. ( Vid. ViNUM, p. 1053.) UTRICULA'RIUS. (Vid. Tibia.) UTRUBI. ( Vid. Interdictum, p. 543.) VULCANA'LIA, a festival celebrated at Rome in ".lonour of Vulcan, on the 23d of August (X. Calend. Sept.), with games in the Circus Flaminius, where the aod had a temple.' The sacrifice on thisocca- Bion consisted of fishes, which the people threw into the fire.' It was also customary on this day to commence worlting by candlelight, which was prob- ably considered as an auspicious beginning of the use of fire, as the day was sacred to the god of this clement * VULGA'RES. . ( Vid. Servus, Roman, p. 887.) UXOR. (Vid. Marriase, Roman, p. 623.) UXO'RIUM or ^S UXO'RIUM was a tax paid by persons who lived as bachelors.' It was first imposed by the censors M. Furius Camiljus and M. Postumius, B.C. 403,' but whether it continued to be levied we do not know. Subsequent censors seem not unfrequently to have used endeavours to induce bachelors to marry ; the orations of the cen- sors Metellus Macedonicus (B.C. 131) and Metellus Numidicus (B.C. 102) on the subject were extant in the time of the Empire. Some extracts frpm the speech of the latter are given by Aulus GeUius,' and Augustus read the speech of the former in the senate as applicable to the state of things in his time.' Various penalties were imposed by Augus- tus upon those who lived in a state of celibacy, re- specting which see Julia Lex et Papia PoppyEA, p 556. X. s. *XANTHE (^dvOij), a kind of Haematite, or Blood- stone, of a pale yellowish colour, containing iron ore.' *XANTHION (^avdiov), a plant, lesser Burdock, or Xanlhium strumarium.^'' *XANTHOBAL'ANUS (^avdoBuTiavos). Accord- ing to Adams, " Some have taken this for the Nut- meg, but this opinion is refuted by Clusius. Spren- gel inclines to refer it to the nut of the Semicarpum anacariitim.'"^'- * XEN'AGOI (^evayoi). Tlie Spartans, as being the head of that Peloponnesian and Dorian league which was formed to secure the independence of the Greek states, had the sole command of the con- federate troops in time of war, ordered the quotas which each state was to furnish, and appointed of- ficers of their own to command them. Such offi- cers were called ^evayoi. The generals whom the allies sent with their troops were subordinate to these Spartan ^evayoi, though they attended the council of war as representatives of their respect- ive countries." After the peace of Antalcidas, the league was still more firmly established, though Argos refused to join it ; and the Spartans were rigorous in exacting the required military service. 1. (Di^. 7, tit. 1, &c. — Fra^. Vat., De Usufructu. — Mtihlen- bnich, Hoct. Pandect., ^ 284, dec.—" Ueber das alter des Quasiu- tuslractus," Von Puchta, Rhein. Mus. furJurisprudenz, iii., 88.) —2. (Insotipt. ap. Grater, ixi., 3 ; cxxxiv.— Publ. Viot., De Re- gion, nrb. RomE, 9.) — 3. (Vjirro, De Ling. Lttt., v., p. 57, Bip.) —4. (Plin., Epist., iii., 5.)— 5. (FestuSjS. V.)— 6. (Val. Mai., ii., O.U. — Pint., Cam., 2.) — 7. (i., 6.) — 8. (Suet., Octav., 89. — L'iv., Epit., 59.) — 9. (Thcophrast., De Lapid., c. 66. — Adams, Append., s. V.)— 10. (Dioscor., iv., 136.— Adams, Append., s. v.) -1 1. (Mvrepsns, 349.— Adams, Append., s. v.) — 12. (Thucyd., .1., 7, 10,'75.— Id., v., 54.— Xen., Hell., iii., 6, >) 7.— Id. ib., v., * W.-Iil., Agesil., li., 10.) 1070 demanding levies by the aKvTaXv, and sending on ^evayoi to collect them.' The word fevoypf may be applied to any leader of a band of foreigners or mercenaries. ; It is also used to signify one who shows hospitality to stran- gers, 01 who conducts them about the town to see what is to be seen there, like the Latin perductor.' XENELASTA (^evjjXaaia). The Lacedsemoni ans appear in very early times, before the legisla- tion of Lycurgus, to have been averse to inter- course with foreigners (^hoiai uTrpoa/iiKToi'). This disposition was encouraged by the lawgiver, who made an ordinance forbidding strangers to reside at Sparta, without special perinission, and empower- ing the magistrate to expel from the city any stran- ger who misconducted himself, or set an example injurious to public morals. Such jui;isdiction was exercised by the ephori. Thucydides' makes Per icles reproach the Lacedaemonians with this, prac- tice, as if its object were to exclude foreigners from sharing in the benefits of their institutions. The intention of Lycurgus, more probably, was to pre- serve the national character of his countrymen, and prevent their being corrupted by foreign manners and vices (as Xenophon says),,p7r(jf ji^ fxfdcovpyiai. ol Tzo?iiTai u?rd tuv ^ivuv hfimTcTi.aLVTO.^ , With the same view the Spartans were themselves forbidden to go abroad without leave of the magistrate. Both these rules, as well as the feelings of the peo- ple on the stibject, were much relaxed in later times, when foreign rule and supremacy became the object of Spartan ambition. Even at an earlier period we find that the Spartans knew how to observe the laws of hospitality upon fit and proper occasions, such as public festivals, the reception of ambassa- dors, &,Q.' They worshipped a Zeif fei/(Of and 'kOavu, ^Evla.'' The connexion, called by the Gieeka npo^eyia, was cultivated at Sparta both by the slate and by individuals, of which their connexion vitb the Pisistratidae is an example, and also that of a Spartan family with the family of Alcibiadcs.' (Vid. HospiTiuM.) Many illustrious men are re ported to have resided at Sparta with honour, as, Terpander, Theognis, and others.' Xenophon was highly esteemed by the nation, and made Spartar rcpo^evog. (See farther on the subject of , the ^evn- laaia, Thucyd., i., 144, with Goeller's notes. — Aris toph., Aves, 1013. — Harpocr., s. v. iial yap to fajSha.', SEN1A2 rPA*H (^eviag ypa^). This was a prosecution at Athens for unlawfully usurping the rights of citizenship. As no man could be. an Athenian citizen except by birth or creation (yhei or iroiTjau), if one, haying neither of those titles, as sumed to act as a citizen, either by taking part in the popular assembly, or by serving any oflice, ju dicial or magisterial, or by attending certain festi- vals, or doing any other act which none but a citi- zen was privileged to do, he was liable to a ypa^ ^evlac, which any citizen might institute against him." Or he might be proceeded against by daayy- e/<,(a." If condemned, his property and person were forfeited to the state, and he was forthwith to be sold for a slave.'" The judgment, however, was arrested if he brought a (Jki? fcvdojiapTvptHv against the witnesses who had procured his convic- tion, and convicted them of giving false testimony. During such proceeding he was kept in safe custo- dy to abide the event. (Fiii. Maktvria.) When a 1. (Xen., Hell., v., 2, 1) 7, 37.— Id. ib., vi., 3, « 7.— Wachsranli, Hell, Alterth., I., ii., 114, 241.— SchBmann, Ant. Jur. Publ. Gr., p. 426.)— 2. (Steph.,Thesaar., 6477.) — 3. (Herod., i., 65.) — 4 (ii., 39.) — 5. (De Rep. Laced., xiv., 4. — Compare Plot., Lycurg., 27.)— 6. (Xen., Mem., i., 2, () 61.)— 7. (Pansaa., iii., 11, 1) 11.)— 8. (Thucyd., v., 43.— Id., vi., 89.— Id.,viii., 8.— Herod., v., 91,— Compare vi , 57.) — 9. (Schomann, Ant. Jur. Publ. Gr., 142.) — 10. (Demosth., c. Timoth., 1204.)— 11. (Sch-rjann, De Corail . 187.)— 12. (Demosth., Epist., i., 1481.) XENICON. XENK.ON person tried on this charge was acquitted by means of fraudulent collusion with the prosecutor or wit- nesses, or by any species of bribery, he was liable to be indicted afresh by a -/paf)/ /iapo^eviag, the pro- ceedings in which, and the penalty, were the same as in the ypafij ^evia^. The jurisdiction in these matters belonged, in the time of Demosthenes, to the thesmotheta:, but anciently, at least in the time of lysias, to the nautodicse.' In order to prevent fraudulent enrolment in the register of the dfjjiOL, or ^.rj^iapxmdv ypafiiJiaTdov, which was important evidence of citizenship, the S^/ioTat. themselves were at liberty to revise their register, and expunge the names of those who had been improperly, admitted. From their decision there was an appeal to a court of justice, upon which the question to be tried was much the same as in the -ypaipri ^eviac, and the appellant, if he ob- tained a verdict, was restored to the register ; but if judgment was given against him, he was sold for a slave. (Vid. Demus.)' For an example of this see the speech of Demosthenes against Eubulides. XENICON (fevi/co'v). At an early period there was no such thing as a standing army or mercena- ry force in the Greek republics. The former would have' excited jealousy lest it should oppress the people, as the chosen band did at Argos,' and for the latter there was rarely any occasion. The cit- izens of every state formed a national militia for the defence of their country, and were bound to serve for a certain period at their own expense, the higher classes usually serving in the cavalry or heavy-armed infantry, the lower classes as light- srmed troops. Foreigners were rarely employed ; the Carians, Cretans, and Arcadians, who served as mercenaries,* are an exception to the general rule. In the Persian war we find a small number of Arcadians otTering to serve under Xerxes;' and :t.eyseem to have used themselves to such employ- ment down to a much later period." The practice of maintaining a standing force was introduced by the tyrants, who kept guards and soldiers in their pay (,dopv(p6poi, fuado(ji6poi) to prevent insurrections of the people, and preserve their influence abroad. As it was unsafe to trust arms in the hands of their own subjects, they usually employed foreigners.' Hence, and because citizen soldiers used to fight without pay, feVoi came to signify mercenaries.' We must distinguish, however, between those who fought as auxiliaries, whether for pay or otherwise, under commission from their own country, and those who did not. The former were iTriKovpoi, not ^evoi.' The terms Jctoj and ^eviitov implied that the troops were independent of, or severed from their own country. The first Grecian people who commenced the em- ployment of mercenaries on a large scale were the Athenians. While the tribute which they isceived from the allies placed a considerable revenue at their disposal, the wars which their ambition led them into compelled them to maintain a large force, naval and military, which their own population was unable to supply. Hence they swelled their armies with foreigners. Thucydides makes the Corinthian ambassador at Sparta say, i>vijTri fi 'kdrivaiuv Siva- uif." They perceived, also, the advantage of em- 1. (Ilarpociat., s. t. Aupoifvia, Jlapicrami, NavroSiKat. — Hesych. »nd Suid., s. v. =.£vlas SIkVi Navrodi/cai. — PoUui, Onom., yiii.,40, 126.— Meier, Att.Proc.,83,34-,761.)— 2. (Har- pocr., s. V. Aift4''50"^'ff- — Schomann, De Comit., 381.) — 3. (Pau- san., ii., 20, « 2.-Thucyd., t., 81.)-4. (Herod-, i., m.-Pau- »an. iir.,8, « 3; 10,Ui 19, M-— Wachsmulh.Hell. Alterth., I., i., 30 —Schomann, Ant. Jur. Publ. Gr., 159.)- 5. (Herod., viii., 261 — 6. (Xen., Hell., -rii., 1, ^ 23. — Schomann, ib., 409.) —7. (Thacyd., vi., 55.— Dlod. Sic, xL, 67,72.— Xen., Hier., v., 3.)— 8. (Harpocr., s. V. HcwTOjo^ifVous.)- 9. (Herod, i.,64.— Id., iii., 45 — IdTv., 63.— Thucyd., i., 60. — Id., ii., 70. —Id., iii., 34.— Id', JT., 80 )-10. (i., 121.) ploying men of different nations in that set vice, loi which, from habit, they were best qualified ; as, for instance, Cretan archers and slingers, Thracian peltastae.' At the same time, the oraclioe of paying the citizens was introduced : a measure of Pericles, which was, indeed, both just and unavoidable (for no man was bound by law, or could be expected to maintain himself for a long campaign, but which tended to eflTace the distinction between the native soldier and the foreigner.' Other Greek nations soon imitated the Athenians,^ and the appetite for pay was greatly promoted by the distribution of Persian money among the belligerents.* At the close of the Peloponnesian war, large numbers of men who had been accustomed to live by war were thrown out of employment ; many were in exile, or discontented with the state of things at home ; all such persons were eager to engage in a foreign ser- vice. Hence there arose in Greece a body of men who made arms their profession, and cared little on which side they fought, provided there were a suit- able prospect of gaining distinction or emolument. Conon engaged mercenaries with Persian money. Agesilaus encouraged the practice, and the Spartans allowed the members of their confederacy to furnish money instead of men for the same purpose.' The Greeks who followed Cyrus in his expedition against Artaxerxes were mercenaries. ° So were the fa- mous peltasta3 of Chabrias and Iphicrates.' The Pho-- cians, under Philomelus, Onomarclms, and Phayllus, carried on the sacred war by the aid of mercena- ries, paid out of the treasures of the Delphian tem- ple.' But higher pay and richer plunder were in general to be found in Asia, where the disturbed state of the empire created continual occasions for the service of Greek auxiliaries, whose superior, discipline and courage were felt and acknowledged by the Barbarians. Even the Spartans sent their king Agesilaus into Egypt for the sake of obtaining Persian gold. Afterward we find a large body of Greeks serving under Darius against Alexander. It is proper here to notice the evil consequences that resulted from this employment of mercenaries, especially to Athens, which employed them more than any other Greek state. It mignt be expected that the facility of hiring trained soldiers, whose experience gave them great advantages, would lead to the disuse of military service by the citizens. Such was the case. The Athenian citizens stayed at home, and became enervated and corrupted by the love of ease and pleasure ; while the conduct of wars, carried on for their benefit, was intrusted. to men over whom they had little control. Even the general, though commonly an Athenian, was compelled frequently to comply with the humours, or follow the example of his troops. To conciliate them, or to pay them their arrears, he might be driven to commit acts of plunder and outrage upon the friends and allies of Athens, which thus found enemies where she least expected. It was not un- usual for the generals to engage in enterprises for- eign to the purposes for which they were sent out, and unconnected with the interests of their country, whose resources they wasted, while they sought their own advantage. The expeditions of Chabrias and Iphicrates to Egypt are examples of this. But the most signal example is the conduct of the ad- venturer Charidemus. Upon all these matters we may refer the reader more particularly to Demos-, thenes, whose comments upon the disastrous policy 1. (Thucydides, vi., , 25. — Idem, vii., 27. — AristofihaneB, Acham., 159.)— 2. (BOckh, Staalsh. der Athen., i., 292, iSb.) — 3. (Thucyd., iv.; 76.) —4. (Thucyd., viii., 5, 29, 45. — XeH.,' Hell., i., 5, « 3.)-5. (Id. ib., iii., 4, 1, 15.— Id. ib., iv., 3, « 15.— ■ Id. ib., v.,2, «_21.) — 6. (Id.,Anab., i., 3, «21.) — 7. (Harpocr., a. V. aiviKdv ev Ko/)/v0(j).— Aristoph. Plut., 173)— 8, (Ditid ■ Sic, xvi., 30, &c.) . . 071 XfiSTES. ZEIA. pursued by his countrymen were no less just than they were wise and statesmanlike.' SEN'OS, EEN'IA (Jevof, ^evia). {Vid. Hospi- TI3M, p. 513.) XESTES (f£k, and the Roman am- phora contained 8 congii ; giving for the ratio of the former to the latter 3 : 2, or H : to 1. Agaiti, the Attic medimnus was the double of the Roman am- phora, and was to the metretes in the ratio of 4 : 3 ; and the Roman modius was the sixth of the Attic medimnus, and the third of the Roman amphora. Hence the two systems are connected by the num- bers 2 and 3 and their multiples. How and when did this relation arise 1 It can- not be accidental, nor can we suppose that the Greek system was modelled upon the Roman, since the former existed long before the Roman conquest of Greece. We must therefore suppose that the Roman system was in some way adapted to the Grp^ It is a remarkable circumstance, that the uncial system of division which characterized the lloman weights and riieasures (vid. As, Ukoia) is not found in the genuine Roman measures of ca- pacity (for the use of the cyalhus as the uncia of the *5xtarius appears to have originated with the Greek physicians in later times) ; and this is the more re- markable, as it is adopted in the Greek systetn : the Greek amphora being divided into 12 xoh, and the lloman into 8 congii instead of 12. In the Roman foot, again, besides the uncial division, we have the division into 4 palmi and 16 digiti, which seems clearly to have been borrowed from the Greek divis- ion into 4 naXaaTai and 16 (Suxrv/lot. (Vid. Pes.) It seems, therefore, highly probable that the Greek system of measures had a considerable influence on that of the Romans. To find the origin of this connexion, we must look from the measures to the weig'hts, for both systems were ur^'oubtedly founded on weight. The Roman amphoia or quadrantal contained 80 pounds (wheth- er of wine or water does not matter here), and the congius 10 pounds. Also the Attic talent was' reckoned equal to 80 Ronian pounds, and contained 60 minse. Therefore the Attic mina had to the Ro- man pound the ratio of 80 : 60, or 4 : 3. Now if we look at the subject historically, we find' sJl the principal features of the Roman system in existence as early as the time of Servius Tullius. We must therefore seek for the introduction of the Greek element before that time. At that early pe- riod Athens does not appear to have had any con- siderable commercial intercourse with Italy, but ether Grecian states had, through the colonies of ' Magna Graecia. The Phocseans, at a very early period, had a traffic with the Tyrrhenians ; the ^gi- netans had a colony in Umbria ; and Corinth and ber colonies were in intercourse with the people of 1. (Demosth., Philip., i., p. 46. — Id., c. ArisGoct., p. 6S6, 671, — Id.,,ff£/)i Tov aTe(f>. t^s rpiiip.y p. 1232, &o. — ^AtheniBUB, xii.,43. -Thirlwall, Hist, of Greece, v., p. 210.— Wachs., I., il., p. 309.) 1072 central Italy, besides the traces of Corinthian influ ence upon Rome, which are preserved in the legend of the Tarquinii. It is therefore to the aigineticb- Corinthian system of weights and measures that we must look for the origin of Grecian influence on the Roman system. Now the ^ginetan podrid, Which was half of the .r). (Vid Gladius.) XO'ANON (fdavov). (Vid. STATirAEV, p. 913.) *XYRIS (?vpi(), the Iris fatidissima, or Stinking Gladwyn. It is most probably the fip/f of TheO- phrastus.' XYSTARCHUS. (Vid Gymnasium, p. 483.) XYSTUS. (Vid. Gymnasium, p. 482; Hortub p. 511.) Z ZAC'OROI (ftt/copot) is the name by which, in Greece, those persons weire designated whose duty it was to guard a temple and to keep it clean. Not- withstanding this menial service, they partook of the priestly character, and are sometimes even called priests.* In many cases they were women, as Timo in Herodotus;' but men are also roen- tioned as ^aKopoi. The priestess Timo is called b} Herodotus iwofii/copof, from which it is clear that, in some places, several of these priests must have been attached to one and the same temple, and that they differed among themselves in rank. A class of servants of the same kind were the veuKSpoi, or temple-sweepers." Subsequently, however, the me nial services connected with this ofiice were left to slaves, and the persons called veuicopoc became priestly officers of high rank, who had the supreme superintendence of temples, their treasures, and tho sacred rites observed in them.' We learn from in- scriptions that in some towns the veaKdpoi formed a collegium, which was headed by the eldfest among them. "When the vcakopoi had thus risen to the rank of high priestly nfiicers, magistrates and per- sons of distinction, and even emperors, were anx- ious to be invested with the office, and, in the time of the emperors, whole nations and cities assumed the title of veuKopot, as we learn from numerous coins and inscriptions, and thus became the especial guardians of particular temples.^ »ZEIA (Zna), a kind of grain, described by Aetius and Avicenna as intermediate hefween wheat and barley. " In short," says Adams, " almost all the authorities agree that it is the Triticnm Spclla, or Spelt. The Hijiti of Theophrastus, and Vae oXvpa of Homer, as well as the far and adareum of f.lie'Ro mans, were in all probability merely varieties of Spelt."* 1. (Aristot., H. A., ii., 13. — jElian, N. A., ix., 40. — Acanm Append., s. v.) — 2. (Theophfast., H. P., vi, 8. — Dioscci., iv. 20.)— 3. (!(]., iv., 22.— Theophrtst., II. P., ii., 8.)— 4. (Suid.- Hesych.— Etym. Mag.-, a.v.ZAitopaf.—Polux, Onom., i., Ifi.)— 5 (vi., 134.)— 6. (Hesych. and Suici., s. -v.)- 7. (Xen., Anab., v., 3, * 7.— Plat., De Leg.i ri.)- 8. (Van Dale, Dissertat. ad iiscripl et Marm. inpr. Gi*c., p. 298, &c. — Eckhel, Doctrin. Num., iv:, p. 288, &c.)^9. (Theoiihrast., H. P., ii., 4.— Dioscor., ii., 11!.- Hom., II., viii., 560. — Thfeoplrast., H. P., i., 6. — Adims, A» pend., 8. V.) ZONA. ZONA. ZETE TAI (fi/n;Tai)i Inquis:tors, wers extraor- dinary officers appointed by the Athenians to dis- cover the authors of some crime against the state, and bring them to justice. Public advocates, avvij- yopoL or Kar^yo/iQi, "were sometiines directed to assist them in this duty. Erequently the court' of Areopagus performed the office of inquisitors for the state, and, indeed, it was tlie duty of every magis- trate to assist in procuring information against of- fenders.' ZriTTjTai were more frequently appointed to search for confiscated property, the goods of con- demned criminals and state debtors ; to receive and give information against any persons who concealed or assisted in concealing them, and to deliver an inventory of all such goods {Imoypii^eiv) to the proper authorities. The delinquent was then pros- ecuted, either before the bvvSlkoi, or, it might be, before the ^ijTTiTai themselves, if their commission extended to the holding of an riyE/iovia SiKaarripLov. Any person, however, who thought himself entitled to the goods which were the subject of such infor- mation, or to any part of them, might prefer a com- plaint against the inquisitor or informer, and petition to have the goods, or the part to which he was entitled, or their proceeds, restored to him. This proceeding was called hemaKTifi/ia. (Vid. Syndi- coi, Paraoatabole.) Inquisitors were also called MaffT^pEf. On one particular occasion a set of commissioners, called avXXoyeTi;, were appointed to discover the property of the oligarchs, who were concerned in over.curning the democracy.' ZEUGI'TAE (.^evyirat). (Vid. Census, p. 229.) *ZINGIB'ERIS (^lyyiSepig), Amomum Zingiber, 01 Ginger. ZONA, dim. ZONULA, also called CINGULUM (fuj/)?, fw/«o, ^aarijp^), a Girdle or Zone, worn about the loins by both sexes. As in the case of some other articles of dress, the distinction between the male and female girdle was denoted by the use of a diminutive, C"vv or ^uariip being more properly a man's, ^aviov a woman's girdle.* The finer kinds of girdles were made by netting, whence the manu- facturer of them was called fovjoTr^o/cof.* The chief use of this article of dress was to hold up the tunic (C^vvvadai^ which was more especial- ly requisite to be done when persons were at work, on a journey, or engaged in hunting. Hence we see the loins girded in the woodcuts of the boatman at p. 426, of the shipbuilders at p. 62, 112, of the goatherd at p. 754, of the hunters at p. 836, and of Diana at p. 245. The fuvi; or ^uarrjp is also repre- sented in many ancient statues and pictures of men in armour, as worn round the cuirass. Among the Romans the magister equitum wore a girdle of red leather, embroidered with needlework, and having its two extremities joined by a very splendid and elaborate gold buckle. {Vid. Fibula).' The girdle mentioned by Homer' seems to have been i constit- uent part of the cuirass, serving to fasten it by means of a buckle, and also atTording an additional protection to the body, and having a short kind of petticoat attached to it, as is shown in the figure of the Greek warrior in p. 597. In consequence or tiie use of the girdle in fastening on the armour, 1 i;uvwa9ai. or ^waaadai meant to arm one's self,' and ' from this circumstance Athene was worshipped un- der the character Zuar^pia.'-'' The woodcut at p. 15 shows that t he ancient cuirass did not descend low I. (Andoc, De Myst., 3, 5, 6. — Dinarch., o. Demosth., p. 90, 97, ed. Staph.) -2. (Harpocr., s. v. Z'!"!':^: " ™5''^' |'^X" aerAthen.:i., I70.-Mdor, Att. Proc, 110, 112, 566 -See also the speeches of Lysias, De PuM. Bon. and De Aristoph. Bon. ; Md as to the proceedings against state debtors, see farther, flfickh, ib., i., 415.)-3. (Herod., i., 215.-Id., iv., i.-Mtrpa.)- i. (Moeris Att., s. v.) 5. (Th. Magister, p. 413, ed. Oudeudoip. -Zonarius.)-6. (Callim., Dian., 12.)— 7. (Lydus, De Maff., ii., 13 )-8. (II., iv., 135 ; y., 539 ; x., 77 ; li., 236.)-9. (Horn., II., xi . 15.)— 10. (Pans ix . 17, 6 2.1 eu enough to secure that part of the body which was covered by the ornamental kilt or petticoat. To supply this defect was the design of the miira (ju- rpa), a brazen belt, lined probably on the inside with leather and stutTed with wool, which was worn next to the body,' so as to cover the lower part of the abdomen. The annexed woodcut shows the c ut- side and inside of the bronze plate of a mitra onis foot long, which was obtained by Brondsted" in the island of Eubcea, and is now preserved in the Roy- al Library at Paris. We observe at one end two holes for fastening the strap, which went behind the body, and. at the other end a hook, fitted probably to a ring, which was attached to the strap. A por- tion of a similar bronze plate is engraved by Caylus.' Men used their girdles to hold money instead ol a purse." The wallet {vid. Pera) was fastened to the girdle , and still more frequently the fold of the tu- nic, formed by tucking it up, and called sinus, was used as a pocket to carry whatever was necessary. As the girdle was worn to hold up the garments for the sake of business or of work requiring de- spatch, so it was loosened, and the tunic was allowed to fall down to the feet, to indicate the opposite con- dition, and more especially in preparing to perform a sacrifice {vesle recincta') or funeral rites {discinc- ti,' incincta'). A girdle was worn by young women even when their tunic was not girt up, and removed on the day of marriage, and therefore called ^dvri irapdevufi,' Tcapdivov ftirpriv'). The Flora in the museum at 1. (Horn , Il.,iT., 137, 187 ; v., 707, 857.— Schol. in !!., iv., 187.; —2. (Bronzes of Siris, p. 42.)— 3. (Rec. d'Ant., v., pi. 96, %. I.) —4. (Plant., Merc, v., 2, 84.— GeUius, xv., ]2.-Snet., Vitell., 16.)— 5. (Virg.,.aEn.,iT., 518.— Grid, Met., Tii., 182.)— 6 (Sue- ton., Octav., 100.)— 7. (Tibnll., iii.,2, 18.)— 8. (Jacobs, Anthol., ii., p. 873.)— 9. (Brnnck, Anal., iii., 299.— Sen., (Ed., ii., 3, 17.— Horn., Od., v., 231.— Longus, i., 2.— Ovid Epist. Her.,ii., 116.— Id. ib., ix., 66. — Festus, s. v. Cingulum. — CatoU., ii., 13, — M liiv., 28.) 107.1 ZOOPHYTA Naples (see the preceding woodcut) shows the ap- pearance of the girdle as worn by young women. A horse's girth, used to fasten on the saddle [vid. Ephipphtm), was called by the same names, and was sometimes made of rich materials, and em- l)roidered in the most elaborate manner.* These lerms, zona and cingulum, were also used to signify 'ho five zones as understood by geographers and as- tronomers.' ♦ZOOPHTTA (fuojSDTffi). " Aristotle," says Ad- orns, "ranks the Urtica or Medusa and sponges among those things which partake in part of the 1. (Oviil, Rem. Am. 236.— Claud , Epig., 34, M.)— ». (VirK., Suorg , i, 233.— riin., H. N., ii., 68.— Murob., Som. Scip.. 8.) 1074 ZYTHUS. nature of animals and in part of plants. 1 .e tern therefore corresponds to the Zoophyta of moderB naturalists.'" *ZYGjENA (Zvyaiva), the Squtdus Zygana, L., or Balance Fish. It is a very large fish, and was placed among the Cetacea by Galen, Oribasina, Paulus jEgineta, and other ancient writers.' ' *ZYG'IA {^vyla), a plant, most probably the Car- pinus betulus, or Hornbeam, as Stackhouse sug- ZYTHUS &eoc). {Vid. Cekevisia.) 1. (Aiist., DeP. A., iv., 6.— Id., H. A,,i.,l,ifco.— AdMin.ip. pend., s. v.)-2. (Arist,, H. A., ii., 25.— .Slian N A.,it ,4» — Adams, Append., s. v.] — 3. (Ttteophiast , U. P.,ui , 4.— Id ii^ iii., A, *c.) FAS T I C ONSUL ARE S (Referred to at Page 412 of this work.) 'WO 5J45 L. Junius Brutus. Occis. est. L. Tarquinius CoUatinus. Abd. Sp. Lucretius Tricipitinus. Mart. est. M. Horatius Pulvillus. P. Valerius Poplicola. 6I)S 24 ; P, Valerius Poplicola II. T, Lucretius Tricipitinus. 507 iHl P. Valerius Poplicola III. M. Horatius Pulvillus II. 506 248 Sp. Lartius Plavus s. Rufus. T, Herminius Aquilinus. ^05 24& M. Valerius Volusus. P. Postumius Tubertus. 504 250 P. Valerius Poplicola IV. T. Lucretius Tricipitinus II. W3 351 P. Postumius Tubertus II. Agrippa Menenius Lanatus. 502 252 Opiter Virginius Tricostus. Sp. Cassiiis Viscellinus. 501 253 Postumus Cominius Auruncus. T. Lartius Flavus s. Rufus. Dictator rei gerwndte causa. T. Lartius Flavus s. Rufus. Magister Eqwitum. Sp. Cassius Viscellinus. aOO 254 Ser. SulfSicius Camerinus Comutus, M'. Tullius Longus. Mart. e. ■199 255 T. jEbutius Elva. P. Veturius Geminus Cicurinus. •t98 256 T. Lartius- Flavus s. Rufus II. a. Clcelius (Volcula) Siculus. Diet, rei ger. c. A. Postumius Albus Regillensis. Mag. Eq. T. ^butius Elva. 497 257 A. Sempronius Atratinus. M. Minucius Augurinus. 496 258 A. Postumius Albus Regillensis. T. Virginius Tricostus CsBliomontanus. 495 259 Ap. Claudius Sabinus Regillensis. P. Servilius Priscus Structus. 494 260 A. Virginius Tricostus Cseliomontanus. T. Veturius Geminus Cicurinus. Diet, seditionis ssdandce c. M'. Valerius Volusus Maximus. Mag. Eq. Q,. Servilius Priscus Structus. 493 2G1 Sp. Cassius Viscellinus II. Postumus Cominius Auruncus II. 492 262 T. Geganius Macerinus. P. Minucius Augurinus. 491 263 M. Minucius Augurinus II. A. Sempronius Atratinus II. 490 264 a. Sulpicius Camerinus Cornulus. Sp. Lartius Flavus s. Rufus II. 489 265 C. Julius Julus. P. Pinarius Mamercinus Rufu. 488 266 Sp. Nautius Rutilus. Sex. Furius MeduUinus Fusus 487 267 T. Sicinius Sabinus. C. Aquilius Tuseus. 486 268 Procalus Virginius Tricostus Rutilus Sp. Cassius Viscellinus III. 485 269 Ser. Cornelius Cossus Maluginensis. a. Fabius Vibulanas. A. C. A. U 484 270 483 271 482 272 481 273 480 274 479 275 478 276 477 277 476 278 475 279 474 280 473 281 472 282 471 283 470 284 469 285 468 286 467 287 466 288 465 289 464 290 463 291 462 292 461 293 460 294 L. iEmilius Mamercus. K. Fabius Vibulanus. M. Fabius Vibulanus. L. Valerius Potitus. C. Julius Julus. a. Fabius Vibulanus II. K. Fabius Vibulanus II. Sp. Furius MeduUinus Fusus, Cn. Manlius Cincinnatus. Occ, s. M. Fabius Vibulanus II. K. Fabius Vibulanus III. T. Virginius Tricostus Rutilus. L. jEmilius Mamercus II. C. Servilius Structus Ahala. Moii, e. Opiter Virginius Tricostus Esquilinus. C. Horatius Pulvillus. T. Menenius Lanatus. A. Virginius Tricostus Rutilus. Sp. Servilius Priscus Structus. P. Valerius Poplicola. C. Nautius Rutilus. A. Manlius Vulso. L. Furius MeduUinus Fusus. Lustr. VI 1 1 L. .ffimilius Mamercus III. Vopiscus Julius Julus. L. Pinarius Mamercinus Rulus. P. Furius MeduUinus Fusus. Ap. Claudius Sabinus Regillensis. T. auinctius Capitolinus Barba'us. L. Valerius Potitus II. Ti. iEmilius Mamercus. A. Virginius Tricostus Caliomontanus. T. Numicius Priscus. T. auinctius Capitolinus Barbatus II a. Servilius Priscus Structus. Ti. jEmilius Mamercus II. a. Fabius Vibulanus. Sp. Postumius Albus Regillensis. a. Servilius Priscus Structus II. a. Fabius Vibulanus II. T. auinctius Capitolinus Barbatus III, A. Postumius Albus Regillensis. Sp. Furius MeduUinus Fusus. P. Servilius Priscus Structus. L. ^butius Elva. L. Lucretius Tricipitinus. T. Veturius Geminus Cicurinus. P. Volumnius Amintinus Gallus. Ser. Sulpiciuf Camerinus Comutus. C. Claudiu": Sabinus Regillensis. P. Valerius Poplicola II. Mart. e. L. auinctius Cincinnatus. 459 295 a. Fabius Vibulanus III. L. Cornelius Maluginensis. 458 296 L. Minucius Esquilinus Augurinus C. Nautius Rutilus II. Diet, rei ger. c. L. auinctius Cincinnatus. Mag. Eq. L. Tarquitius Flaccui 457 297 C. Horatius Pulvillus II. a. Minucius Esquilinus Augurinus. 456 298 M. Valerius (Lactuca) Maximus. Sp. Virginius Tricostus Cseliomontanua 455 299 T. Romilius Rocus Vaticanus. 1075 FASTI CONSULARES. FASTI CONSULARES. ^C. A. U 454 300 453 301 452 302 451 303 C. Veturius Geminus Cicurinus. Sp. Tarpeius Montanus Capitolinus. A. Aternius Varus Fontinalis. Sex. Gluinctilius Varus. P. Curiatius Festus Trigeminus. P. Sestius Capitolinus Vaticauus. T. Menenius Lanatus. Ap. Claudius Crassinus Regfillensis Sabi- nus II. Abd. T. Genucius Augurinus. Abd. Decemviri. Ap. Claudius Crassinus Regillensis Sabi- nus. T. Genucius Augurinus. Sp. Veturius Crassus Cicurinus. C. Julius Julus. A. Manlius Vulso. Ser. Sulpicius Camerinus Comutus. P. Sestius Capitolinus Vaticanus P. Curiatius Festus Trigeminus. T. Romilius Rocus Vaticanus. Sp. Postumius Albus Regillensis. 450 304 Decemviri. Ap. Claudius Crassinus Regillensis Sabi- nus II. M. Cornelius Maluginensis. L. Sergius Esquilinus. L. Minucius Esqnilinus Augurinus. T. Antonius Merenda. Gl. Pabius Vibulanus. Q,. Poetelius Libo Visolus. K. Duilius Longus. Sp. Oppius Cornicen. M'. Rabuleius. 449 305 L. Valerius Poplicola Potitus. M. Horatius Barbatns. 448 306 Lar. Herminius Aquilinus (Continisanus). T. Virginius Tricostus Ceeliomontanus. 447 307 M. Geganius Macerinus. C. Julius Julus. 446 308 T. auinciius Capitolinus Barbatus IV. Agrippa Furius Medullinns Fusus. 445 309 M. Genucius Augurinus. C. Curtius Philo. 444 310 Tnbuni militum c&nmlari potestate, A, Sempronius Atratinus. T. CloeliUs Siculus. L. Atilius. Tribuiii abdicarurU. Consules. L. Papirius Mugillanus. L. Sempronius Atratinus. 443 31 1 M. Geganius Macerinus II. T. Cluinctius Capitolinus Barbatus V. Censores. L/ustr. XI. L. Papirius Mugillanus. L. Sempronius Atratinus. 443 312 M. Fabius Vibulanus. Postumus iEbutiUs Elva Cornicen. 44i 313 C: Furius Pacilus Fusus. M'. Papirius Crassus. 440 314 Proculus Geganius Macerinus. L. Menenius Lanatus. 4;-i9 315 T. Cluinctius Capitolinus Barbatus VI. Agrippa Menenius Lanatus. Diet, sedit. sed. c. L. Cluinctius Cincinnatus II. Mag. Eq. C. Servilius Structus Ahala. «8 316 7Vi4. Mil. Mam. .SImilius Mamercinus. L. duinctius Cincinnatus. L. Julius Julus. 437 317 M. Geganius Macerinus III. L. Sergius (Fidenas). Did. rei gsr. c. Mam. jEmilius Mameiclnus. Mag. Eq. L. Cluinctius Cincinnatus. 1076 A. C. A. U. 436 318 M. Cornelius Maluginensis. L. Papirius Crassus. 435 319 C.Julius Julus II. L. Virginius Tricostus. Diet, rei ger. c. Q,. Servilius Priscus Structuii (Fitli* nas). Mag. Eq. Postumus .iEbutius Elva Covniccn. Censores. Lustr. XII. C. Furius Pacilus Fusus. M. Geganius Macerinus. 434 320 TVib. Mil. M. Manlius Capitolinus. Ser. Cornelius Cossus. Q,. Sulpicius PrEeteztatus. 433 321 Tiib. Mil. M. Fabius Vibulanus. M. Foslius Flaccinator. L. Sergius Fidenas. Diet, rei ger. c. Mam. jEniilius Mamercinus II. Mag. Eq. - A. Postumius Tubertus. 432 322 3HA. Mil. L. Pinarius Mamercinus Ruius. L. Furius MeduUinus Fusus. Sp. Postumius Albus Regillensis. 431 323 T. Cluinctius Pennus Cincinnatus. C. Julius Mento. Di£t. rei gcr. c. A. Postumius Tubertus. Mag. Eq. L. Julius Julus. 430 324 C. Papirius Crassus. L. Julius Julus. 429 325 L. Sergius Fidenas II. Hostus Lucretius Tricipitinus. 428 326 A. Cornelius Cossus. T. Cluinctius Pennus Cincinnatus 11. 427 327 C. Servilius Structus Ahala. L. Papirius Mugillanus II. 426 328 T7ib. Mil. C. Furius Pacilus Fusus. T. duinctius Pennus Cincinnatus, M. Postumius Albus Regillensis. A. Cornelius Cossus. Diet, rei ger. c. Mam. jEmilius Mamercinus III. Mag. Eq. A. Cornelius Cossus. 425 329 Vrii. Mil. A. Sempronius Atratinus. L. Cluinctius Cincinnatus II. L. Furius 'MeduUinus Fusus II. L. Horatius Barbatus. 424 330 Tnb. Mil. Ap. Claudius Crassinus Regillensis. L. Sergius Fidenas II. Sp. Nautius Rutilus. Sex. Julius Julus. Censores. Lmstr. XIII. L. Julius Julus. L. Papirius Crassus, 423 331 C. Sempronius Atratinus. d. Fabius Vibulanus. 422 332 Trib. Mil. L. Manlius Capitolinus. Q,. Antonius Merenda. L. Papirius Mugillanus. (L. Servilius Structus.) 421 333 N. Fabius Vibulanus. T. Cluinctius Capitolinus Barbatns. 420 334 Trib. Mil. T. auinctius Pennus C.'ncinnatus IL L. Furius (Fusus) MeduUinus III. M. Manlius Vulso. A. Sempronius Atratinus II. FASTI CONSULARES. FASTI CONSULARES. t C. A. U. 419 335 418 336 417 337 Uti 338 415 339 414 340 413 341 413 342 411 343 410 344 409 345 408 34G 407 347 4*)6 348 405 349 404 350 Trib. Mil. jigrippa Menenius Lanatus. P. Lucretius Tricipitinus. Sp. Nautius Rutilus. C. Servilius (Structus) Axilla. Trib. Mil. M. Papirius Mugillanus. C. Servilius (Structus) Axilla II. L. Sergius Pidenas III. Dkl. rei ger. c. U. Servilius Priseus Fidenas II. Mag. Eq. C. jervilius (Structus) Axilla. Cmsores. Lusir. XIV. L. Papirius Mugillanus. , Mam. .fimilius Mamercinus. Trib. Mil. P. Lucretius Tncipitinus II. Agrippa Menenius Lanatus II. C. Servilius Structus III. Sp. Veturius Crassus Gicurinus. Tab. Mil. A. Sempronius Atratinus III. d. Fabius Vibulanus. M. Papirius Mugillanus II. Sp. Nautius Rutilus II. Trib. Mil. P. Cornelius Cossns. C. "Valerius Potitus Volusus. CI. auinetius Cincinnatus. N. Fabius Vibulanus. Trib. Mil. Q,. Fabius Vibulanus II. P. Postumius Albinus Regillensis. L. Valerius Potitus. Cn. Cornelius Cossus. A. Cornelius Cossus. L. Furius MeduUinus. Q.. Fabius Vibulanus Ambustus. C. Furius Paeilus. M. Papirius Mugillanus. C. Nautius Rutilus. M'. iEmilius Mamercinus. C. Valerius Potitus Volusus. Cn. Cornelius Cossus. L. Furius Medullinus II. Trib. Mil. C. Julius Julus. P. Cornelius Cossus. C. Servilius (Structus) Ahala. Diet, rei ger. c. P. Cornelius Rutilus Cossus. Mag. Eq. C. Servilius (Structus) Ahala. Trib. Mil. C. Valerius Potitus Volusus II. L. Furius Medullinus. C. Servilius (Structus) Ahala II. N. Fabius Vibulanus II. Trib. Mil. P. Cornelius Rutilus Cossus. Cn. Cornelius Cossus. L. Valerius Potitus II. N. Fabius Ambustus. Trib. Mil. C. Julius Julus II. T. duinctius Capitolinus Barbatus. a. ttuinctius Cincinnatus (II). M'. .Slmilius Mamercinus. L. Furius Medullinus II. A. Manlius Vulso Capitolinus. Trib. Ma. P. Cornelius Maluginensis. Cn. Cornelius Cossus II. K. Fabius Ambustus. Sp. Nautius Rutilus III. C. Valerius Potitus Volusus III. M'. Sergius Fidenas. k. C. A. V. 403 351 402 352 401 353 400 354 399 355 398 356 39T 357 396 358 395 359 394 360 393 361 Trib. Mil. M'. ^milius Mamercinus II, Ap. Claudius Crassinus Regillensis M. GLuinctilius Varus. M. Furius Fusus. L. Julius Julus. L. Valerius Potitus III. Censores. iMslr. XVI. M. Furius Camillus. . M. Postumius Albinus Regillensis, Trib. Mil. C. Servilius (Structus) Ahala IIL a. Servilius, (Priseus) Fidenas. L. Virginius Tricpstus EsquiUnus. a. Sulpicius Camerinus Comutus. A. Manlius Vulso Capitolinus II. M'. Sergius Fidenas II. Trii.Mll. M. Furius Camillus. Cn. Cornelius Cossus III. L. Valerius Potitus IV. , L. Julius Julus. M'. iEmilius Mamercinus III. K. Fabius Ambustus II. Trib. Mil. P. Manlius Vulso. P, Licinius Calvus Esquilinus. L. Titinius Pansa Saccus. P. Mselius Capitolinus. Sp. Furius Medullinus. L. Publilius Philo Vulscus. Trib. Mil. Cn. Genucius Augurinus. L. Atiliiis Priseus. M. Pomponius Rufus. C. Duilius Longus. M. Veturius Crassus Cicurinus. Voler. Publilius Philo. Trib. Mil. L. Valerius Potitus V. M. Valerius Lactucinus Maximus. M. Furius Camillus II. L. Furius Medullinus III, a. Servilius (Priseus) Pidenas II, a. Sulpicius Camerinus Comutus II TriJ). Mil. L. Julius Julus II. L. Furius Medullinus IV; A. Postumius Albinus Regillensis. L. Sergius Fidenas. P. Cornelius Maluginensis; A. Manlius Vulso Capitolinus III. Trib. Mil. L. Titinius Pansa Saccus II. P. Licinius Calvus Esquilinus II. P. Mselius Capitolinus II. , a. Manlius Vulso, Cn. Genucius Augurinus II. Occ. L. Atilius Priseus II. Diet, rei ger. c. M. Furius Camillus. Mag. Eq. P. Cornelius Maluginensis. Trib. Mil. P. Cornelius Maluginensis. Cossus. P. Cornelius Scipiy. K. Fabius Ambustus III. L. Furius Medullinus V. a. Servilius (Prisons) Fidenas III. M. Valerius Lactucinus Maximus IJ Trib.MU. M. Furius Camillus III. L. Furius Medullinus VI. C. ..Slmilius Mamercinus. L. Valerius Poplicola. Sp. Postumius Albinus Regillensli, P. Cornelius II. L. Valerius Potitus. Abd. 1077 FASl'I CONSDLARES FASTI CONSULARES. P. Cornelius Malnginensis Cossus. Aid. L. Lucretius Flavus (Tricipitinus). Ser. Sulpicius Camerinus. Censores. L. Papirius Cursor. C. Julius Julus. Mart. e. 392 362 391 363 390 364 ?89 363 338 366 ■WTSe? 386 368 385 369 384 370 M. Cornelius Maluginensis. L. Valerius Potitus. M. Manlius Capitolinus. Trib.MU. ■ L. Lucretius (Flavus) Tricipitinus. Ser. Sulpicius Camerinus. L. Furius Medullinus "VII. L. .iEmilius Mamercinus. Agripp. Furius Fusus. C. .ilmilius Mamercinus II. Trii. Ma. Q. Sulpicius Longus. Q,. Servilius (Priscus) Fidenas IV. P. Cornelius Maluginensis II. Q,. Fabius Ambustus. K. Fabius Ambustus IV. N. Fabius Ambustus II. Diet, rei ger. c. M. Furius Camillus IL Mag. Eq. L. Valerius Potitus. Trii. Mil. L. Virginius Tricostus. A. Manlius Capitolinus. L. .(Emilius Mamercinus II. L. Postumius Regillensis Albinus. L. Valerius Poplicola II. P. Cornelius Diet, rei ger. c. M. Furius Camillus III. Mag. Eq. C. Servilius Ahala. Trii. Mil. T. Gluinctius Cincinnatus Capitolinus. Q. Servilius (Priscus) Fidenas V. L. Julius Julus. L. Aquilius Corvus. L. Lucretius (Flavus) Tricipitinus II Ser. Sulpicius Rufus. TVib.'Mil. L. Papirius Cursor. C. Sergius Fidenas. L. JEmilius Matnercinus III. L. Menenius Lanatus. L. Valerius Poplicola III. C. Cornelius Trib. Mil. Ser. Cornelius Maluginensis. d. Servilius (Priscus) Fidenas VI. M. Furius Camillus IV. L. Quinctius Cincinnatus. L. Horatius Pulvillus. P. Valerius Potitus Poplicola. Tn*. Ma. A. Manlius Capitolinus II. P. Cornelius II. T. Gluinctius Capitolinus. L. duinctius Cincinnatus II. L. Papirius Cursor II. C. Sergius Fidenas 11. Diet, sedit. sed. c. A. Cornelius Cossus. Mag. Eq. T. Uuinctius Capitolinus. Trii. Mil. Ser. Sulpicius Rufus II. C. Papirius Crassus. T. Cluinciius Cincinnatus Capitolinus II. M. Furius Camillus V. Ser. Cornelius Malufflnensis II 1078 A. C. A. U. P. Valerius Potitus Poplicola II. 383 371 Trib. Mil. L. Valerius Poplicola IV. A. Manlius Capitolinus III. Ser. Sulpicius Riifus III. L. Lucretius (Flavus) Trieipiiinus 111 L. .(Emilius Mamercinus IV. M. Trebonius. 383 372 TW4. Mil. Q.. Servilius (Priscus) Fidenas. C. Sulpicius Camerinus. L. .^milius Mamercinus V. Sp. Papirius Crassus. L. Papirius Crassus. Ser. Cornelius Maluginensis III. 381 373 Trib. Mil. M. Furius Camillus VI. L. Furius Medullinus. A. Postumius Regillensis Albinus. L. Lucretius (Flavus) Tricipitinus IV M. Fabius Ambustus. L. Postumius Regillensis Albinus II. 380 374 L. Valerius Poplicola V. P. Valerius Potitus Poplicola III C. Sergius Fidenas III. C. Terentius. L. .Smilius Mamercinus VI. L. Menenius Lanatus II. Sp. Papirius Cursor. Ser. Cornelius Maluginensis IV. Censores. C. Sulpicius Camerinus. Aid. Sp. Postumius Regillensis Albinus. M»-« Did. rei ger. c. T. duinctius Cincinnatus Capitoli «iis Mag. Eq. A. Sempronius Atratinus. 379 375 TH*. MU. P. Manlius Capitolinus. C. Manlius Capitolinus. L. Julius Julus II. C. Erenucius. M. Albinius. C. Sextilius. L. Antistius. P. Trebonius. , 378 376 Ti-ib. MU. d. Servilius (Priscus) Fidenas ll, Sp. Furius Medullinus. L. Menenius Lanatus III. P. ClcElius Siculus. M. Horatius Pulvillus. L. Geganius Macerinus. Censores. Sp. Servilius Priscus. a. Cloelius Siculus. 377 377 7^rii. Mil. L. .Slmilius Mamercinus VII. C. Veturius Crassus Cicurinus Ser. Sulpicius PriBtextatus. L. duinctius Cincinnatus III. C. duinctius Cincinnatus. P. Valerius Potitus Poplicola lY. 376 378 Trrb. Mil. L. Menenius Lanatus IV. L. Papirius Crassus II. Ser. Cornelius Maluginensis V. Ser. Sulpicius Pnetextatus II, C. Licinius Calvus. 'Licinius Sextiusque, tribuni plebis re- ;ti, nullc passi sunt.' 375 379 ) - - 1 371 383 4 '"^'^'■'' nullos curales magistratu 370 384 Trib. Mil. L. Furius Medullinus II. A. Manlius Capitolinus IV. C. Valerius Potitus. P. Valerius Potitus Poplicola V. Ser. Sulpicius Prsetextatus III. FASTI CONSUJ.ARES FASTI CONSULARES %. C A t/ 369 385 368 38G 367 SS: M 388 SGb 389 304 390 S2 502 251 503 250 504 249 505 Mart M. Atilius Regulus II. Ser. Fulvius Psetinus Nobilior M jEmilius PauUus. Cn. Cornelius Scipio Asina IS. A. Atilius Calatinus II. Cn. Servilius CEepio. C. Sempronius Blsesus. Censores. D. Junius Pera. Aid. L. Postumius Megellus. C. Aurelius Cotta. P. Servilius Geminus. Censons. Lustr. XXXYII. M'. Valerius Maximus Messala P. Sempronius Sophus. L. Caeeilius Metellus. C. Furius Pacilus. C. Atilius Regulus (Serranns) I. L. Manlius Vulso (Longus) il. P. Claudius Pulcher. L. Junius Pullus. Did. rei ger- c. M. Claudius Glicia. Abi. A. Atilius Calatinus. Mag. Eq. L. CsEcilius Metellus. 348 506 C. Aurelius Cotta II. P. Servilius Geminus II. 247 507 L. Caeeilius Metellus II. N. Fabius Buteo. Censores. Lmstr. XXXVIIl. A. Atilius Calatinus. A. Manlius Torquatus Atticas. 246 508 M'. Otacilius Crassus II. M. Fabius Licinus. 1082 Did. comil. hob. c. Ti. Coruncanius. Mag. Eq. M. Fulvius Flaccus. 245 509 M. Fabius Buteo. C. Atilius Bulbus. 244 510 A. Manlius Torquatus Atticus. C. Sempronius Blcesus II. 243 51 1 C. Pundanius Fundulus. C. Sulpicius Gallus. 242 512 C. Lutatius.Catulus. A. Postumius Albinus. 241 513 A. Manlius Torquatus Atticue \.. Q,. Lutatius Cerco. Censores. Lmstr. XXXIX. C. Aurelius Cotta. M. Fabius Buteo. 240 514 C. Claudius Centho. M. Sempronius Tuditanus. 239 515 C. Mamilius Turrinus. Ql. Valerius Falto. 238 016 Ti. Sempronius Gracc!ii-.s P. Valerius Falto. 2.'7 517 L. Cornelius Lentujj'; Cs.adsnQd. Q,. Fulvius Flaccus. 236 518 P. Cornelius Lentul'is Caudinus. C. Licinius Varar^. Censores. L. Cornelius Ler.tolus Caudinus. a. Lutatius Cerco. Mort. e. 235 519 T. Manlius Torquatus. C. Atiliu.-; Bulbus II. 334 580 L. Posti:ir,i'..s Albinus. Sp. Carvil'.iu Maximus. Censarcs. lAistr. XL. C, Atilius Bulbus. A. Postumius Albinus. 233 521 O,. Fabius Maximus Verrucosus. M . Pomponius Matho. 232 5?)9 M. iEmiiius Lepidus. M. Publicius Malleolus, a" I fjS M'. Pomponius Matho. C. Papirius Maso. Diet, comit. koh. r. C. Duilius, Mag. Eq. C. Aurelius Cotta Censores. T. Manlius Torquatus. Abd. Q. Fulvius Flaccus. Abd, £90 524 M. iEmilius Barbula. M. Junius Pera. Censores. Liistr.. XLI. Q,. Fabius Maximus Verrucosus, M. Sempronius Tuditanus. 239 525 L. Postumius Albinus II. Cn. Fulvius Centumalus. 228 526 Sp. Carvilius Maximus II. CI. Fabius Maximus Verrucosus II 227 527 P. Valerius Flaccus. M. Atilius Regulus. 226 528 M. Valerius Messala. L. Apustius Fullo. Bellum Gallichm CrsALPmoM. 225 529 L. iEmilius Papus. C. Atilius Regulus. Censores. lAi^r. XLII. C. Claudius Centho. M. Junius Pera. ^4 530 T. Manlius Torquatus II. Q,. Fulvius Flaccus II. Diet, comil. liojb. c. L. Ccecilius Metellus. Ma^. Eq. N. Fabius Buteo. 223 531 C. Flaminius. P. Furius PhiluE. FASTI COXSULARES. jTASTI CONSULARES. I C. A. -} ?J3 532 On. Cornelius Scipio CalvTis. M. Claudius Marcellus. 221 533 P. Cornelius Scipio Asina. M. Minucius Rufus. Diet, comit. Iwb. c. Q,. Fabius Maximus Verrucosus, Mag. Eq. C. Flaminius. !!20 534 L. Veturius Philo. C. Lutatius CatuluE. Censores. LmsLt. XLIII. L. -Emilius Papus. C. Flaminius. 319 535 M. Livius Salinator. L. .Slmilius Paullus. EeLLUM PnNICUM II. 218 536 P. Cornelius Scipio. Ti. Sempronius Longus. "'7 537 Cn. Servilius Geminus. C. Flaminius II. Ocds. e. M. Atilius Regulus II. Diet, interregni c. a. Fabius Maximus Verrucosus II. Mag. Eq. M. Minucius Rufus. Diet, comit. hob. c. L. Veturius Philo. Mag. Eq. ■ M. Pomponius Matho. 2:6 538 C. Terentius Varro. L. .Smilius Paullus II. Diet, rei gerwad. c. M. Junius Pera. Mag. Eq. Ti. Sempronius Gracchus. Diet, siiie Mag. Eq. Senat. leg. c. M. Fabius Buteo. 215 539 Ti. Sempronius Gracchus. L. Postumius Albinus III. Ocds. e. M. Claudius Marcellus II. Aid. Q.. Fabius Maximus Verrucosus III. 214 540 Q,. Fabius Maximus Verrucosus IV. M. Claudius Marcellus III. Cefisores. M. Atilius Regulus. Abd. P. Furius Philus. Mart. e. 213 541 a. Fabius Maximus. Ti. Sempronius Gracchus II. Diet, comit. hoJ>. c. C. Claudius Centho. Mag. Eq. Q.. Fulvius Flaccus. 212 542 a. Fulvius Flaccus III. Ap. Claudius Pulcher. 211 543 Cn. Fulvius Centumalus. P. Sulpicius Galba Maximas. 210 544 M. Claudius Marcellus IV, M. Valerius Laevinus, Diet, comit. hob. e. Q.. Fulvius Flaccus. Mag. Eq. P. Licinius Crassus Dives. Censores. L. Veturius Philo. Mart. e. P. Licinius Crassus Dives. 200 ol3 a. Fulvius Flaccus IV. a. Fabius Maximus Verrucosus V. Censores. L/ustr. XLIV. M. Cornelius Cethegus. P. Sempronius Tuditanus. 208 546 M. Claudius Marcellus V. Ocds. e. T. auinctius (Pennus Capitolinus'' pinus. Mft. e. Abd. Diet, comit. hob. et hidor. magn. '. T. Manlius Torquatus. ■ Mag. Eq. C. Servilius. 207 547 C. Claudius Nero. M. Livius Salinatjr II. md. comit, hob, eaussa. M. Livius Salinator. Mag. Eq. a. Caecilius Metellus, 206 548 L. Veturius Philo. a. Caecilius Metellus. 205 549 P. Cornelius Scipio (Afrioanus). P. Licinius Crassus Dives, Diet, comit. Iwhend. c. a. CBEcilius Metellus. Mag. Eq. L. Veturius Philo. 204 550 M. Cornelius Cethegus. P. Sempronius Tiiditanus. Censores. Lmsl/r. XLV. M. Livius Salinator. C. Claudius Nero. 203 551 Cn. Servilius Caepio. C. Servilius. Diet, comit. hob. c. P. Sulpicius Galba Maximus, Mag. Eq. M. Servilius Pulex Geminus. 2C6 552 M. Servilius Pulex Geminus. Ti. Claudius Nero. Diet, comit. haji. e. C. Servilius. Mag. Eq. P. .a;iius Psetus. 201 553 Cn. Cornelius Lenlulus. P, ^lius Psetus. Belltim Philippicum. 200 554 P. Sulpicius Galba Maximus II C. Aurelius Cotta. 199 555 L. Cornelius Lentulus. P. Villius TappuJus. Cmsores. Lnisir. XLVI. P. Cornelius Scipio Africanus., P. M\ms Psetus. 198 556 Sex. .iElius Psetus Catus. T. auinctius Flamininus. 197 557 C. Cornelius Cethegus. a. Minucius Rufus. 196 558 L. Furius Purpureo. M. Claudius Marcellus. 195 559 L. Valerius Flaccus. M. Porcius Cato. 194 560 P. Cornelius Scipio Africanus I] Ti. Sempronius Longus. Censores. Lmst/r. XLVII. Sex. M\ms Psetus Catus. C. Cornelius Cethegus. 193 561 L. Cornelius Merula. a. Minucius Thermus. 192 562 L. auinctius Flamininus. Cn. Domitius Ahenobarbus. BeLLHM AKTIOCHINaM. 191 563 P. Cornelius Scipio Kasica. M'. Acilius Glabrio. 190 564 L. Cornelius Scipio (Asialicus) C. Lselius. 189 565 M. Fulvius Nobilior. Cn. Manlius Vulso. Ceiisores. iMstr. XL VIII. T. auinctius Flamininus, M. Claudius Marcellus. 188 566 M. Valerius Messala. C. Livius Salinator. 187 567 M. .Emilius Lepidus. C. Flaminius. 1«8:j f'ASTI CONSULARES FASTI CONSUL.ARES. Ife6 568 Sp. Postumius Albimis. Q,. Marcius Philippus. 185 5G9 Ap. Claudius Pulcliei M. Sempronius Tuditanus. '84 570 P. Claudius Pulcher. L. Porcius Liciuus. Censores. Lmdr. XLIX. L. Valerius Flaccus. M. Porcius Cato. )Si 571 M. Claudius Marcellus. CI. Fabius Labeo. 182 572 On. Baebius Tamphilus. L. ..Slmilius Paullus. 181 573 P. Cornelius Cethegus. M. BaeHus Tamphilus. (80 574 A. Postumius Albinus. C. Calpumius Piso. Mod. e. Q.. Fulvius FlaccuS. 179 575 L. Manlius Acidinus Fulvianus, Q. Fulvius Flaccus. Censores. iMstr. L. L. jEmilius Lepidus. M. Fulvius Nobilior. i78 576 M. Junius Brutus. A. Manlius Vulso. 177 577 C. Claudius Pulcher. Ti. Sempronius Gracchus. 1 76 578 Q,. Petillius Spurinus. Occis. e. Cn. Cornel. Scipio Hispallus. Mart. C. Valerius Lsevinus. 175 579 P. Mucius Scsevola. M. .Smilius Lepidus II. 174 580 Sp. Postumius Albinus PauUulus. a. Mucius Scasvola. CeTisores. L/iistr. LI. Q,. Fulvius Flaccus. A. Postumius Albinus. 173 581 L. Postumius Albinus. M. Popillius Lsenas. 172 582 C. Popillius Leenas. P. jElius Ligus. 171 583 no 584 'fin 585 168 5S6 167 587 166 588 165 589 164 590 163 591 102 592 Belldm Persicum. P. Licinius Crassus. C. Cassius Longinus. A. Hostilius Mancinus. A. Atilius Serranus. Q,. Marcius Philippus II. Cn. Servilius Csepio. Censores. ImsVt. LII. C. Claudius Pulcher. Ti. Sempronius Gracchus. L. .^railius PaUUus II. C. Licinius Crassus. CI. iElius Pgetus. M. Junius Pennus. M. Claudius Marcellus. C. Sulpicius Gallus. T. Manlius Torquatus. Cn. Oetavius. A. Manlius Torquatus. d. Cassius Longinus. Mmi,. e. Censores. iMslr. LIII. L. ^milius Paullus. Q, Marcius Philippus. Ti. Sempronius Gracchus II. M'. Juventius Thalna. P. Cornelius Scipio Nasiea. Aid. O. Marcius Figulus. Md. P. Corneliur; Lentulus. Cn. Domitius Ahenobarbus. 161 593 M. Valerius Messala. C. Fannius Strabo. 160 594 L. Anicius Gallus. M. Cornelius Cethegus 1084 A. C. A. U. 159 595 Cn. Cornelius Dolabella. M. Fulvius Nobilior. Censores. Lmstr. LIV. P. Cornelius Scipio Nasiea M. Popillius Laenas. 158 596 M. iEmilius Lepidus. C. Popillius Laenas II. 157 597 Sex. Julius Cajsar. L. Aurelius Orestes. 156 598 L. Cornelius Lentulus Lupus. C. Marcius Figulus II. 155 599 P. Cornelius Scipio Nasiea II. M. Claudius Marcellus II. 154 600 a. Opimius. L. Postumius Albinus. Mart. e. M'. Acilius Glabrio. : Censores. Uastr. LV. M. Valerius Messala. C. Cassius Longinus. 153 601 a. Fulvius Nobilior. T. Annius Luscus. 152 602 M. Claudius Marcellus III. L. Valerius Flaccus. Mm-t. c. 151 603 L. Licinius LucuUus. A. Postumius Albinus. 150 604 T. duinctius Flamininus. M'. Acilius Balbus. Bellum Punicum Teetium. 149 005 L. Marcius Censorinus. M'. Manilius. 148 606 Sp. Postumius Albinus Magnus. L. Calpumius Piso Caesoninus. 147 007 P. Cornelius Scipio Afrio. iEmilianus. C. Livius Drusus. CeTisores. Lnistr. LVI. L. Cornelius Lentulus Lupus. L. Marcius Censorinus. ! , 146 608 Cn. Cornelius Lentulus. L. Mummius Achaicus. 145 609 a. Fabius Maximus jEmilianus. L. Hostilius Mancinus. 144 610 Ser. Sulpicius Galba. L. Aurelius Cotta. 143 611 Ap. Claudius Pulcher. a. Cfficilius Metellus Macedonicus. 142 612 L. Caecilius Metellus Calvus. a. Fabius Maximus Servilianus. Censores. Lmstr. LVII. P. Cornelius Scipio Africanus (JEmi, nus). L. Mummius Achaicus. 141 613 Cn. Servilius Caepio. a. Pompeiu.s. 140 614 C. Lffilius Sapiens.' a. Servilius Caepio. 139 615 Cn. Calpumius Piso. M. Popillius Laenas. 138 616 P. Cornelius Scipio Nasiea Serapio. D. Junius Brutus (Callaicus). 137 617 M. iErnilius Lepidus Porcina. C. Hostilius Mancinus. Aid. 136 618 L. Furius Philus. Sex. Atilius Serranus. Censores. iMStr. LVIII. Ap. Claudius Pulcher. a. Fulvius Nobilior. 135 619 Ser. Fulvius Flaccus. a. Calpumius Piso. 134 620 P. Cornelius Scipio Africanus j^Emil nus II. C. Fulvius Flaccus. 133 621 P. Mucius Sccevola. L. Calpumius Piso Frugi 132 622 P. Popilius Laenas. P. Rupilius. 131 623 P. Licinius Crassus Mucia. us. FASTI CONSULARES. FASTI CONSULARES. L. Valerius Flaccus. Cmsons. Iyj.sii. LIX. a. CiEcilius Metpilus Macedonicus. Q,. Pompeius Rufus. 130 G24 C. Claudius Pulcher Lentulus. M. Perpema. 129 635 C. Sempronius Tuditanus. M'. Aquilius. 128 626 Cn. Octavius. T. Annius Luscus Rufus. 1?.7 627 L. Cassius Longinus Ravilla. L. Cornelius Cinna. 126 628 M. iEmilius Lepidus. L. Aurelius Orestes. 125 629 M. Plautius HypsEeus. M. Pulvius Flaccus. Censores. L/iistr. LX. Cn. Servilius Ceepio. L. Cassius Longinus. Ravilla. 124 630 C. Cassius Longinus. C. Sextius Calvinus. 123 631 a. Caecilius Metellus (Balearicus). T. duinctius Flamininus. 122 632 Cn. Domitius Ahenobarbus. C. Fannius Strabo. 121 633 L. Opimius. Q,. Fabius Maximus (AUobrogicusV 120 634 P. Manilius. C. Papirius Carbo. Censores. Lustr. LXI. L. Calpurnius Piso Frugi. U. Cfecilius Metellus Balearicus. 119 635 L. C^cilius Metellus (Dalmaticus), L. Aurelius Cotta. 118 636 M. Porcius Cato. Mart. e. Gl. Marcius Rex. 117 637 P. Caecilius Metellus Diadematus. CI, Mucius ScEBVola. 116 638 C. Licinius Geta. Q,. Fabius Maximus Ebumus. 115 639 M. iEmilius Scaurus. M. Cascilius Metellus. Censores. L/iislr. LXII. L. CsBcilius Metellus Dalmaticus. Cn. Domitius Ahenobarbus. 114 640 M'. Acilius Balbus. C. Porcius Cato. 113 641 C. Ccccilius Metellus Caprarius. Cn. Papirius Carbo. 112 642 M. Livius Drusus. L. Calpurnius Piso Cassoninus. Bellum Jdgurthinum. HI 643 P. Cornelias Scrpio Nasica. Mo7-t. c. L. Calpurnius Bestia. 110 644 M. Minucius Rufus. Sp. Postumius Albinus. 109 645 Q,. Caecilius Metellus (Numidicus). M. Junius Silanus. Censores. M. .ffimilius Scaurus. Abd. M. Livius Drusus. Mcrt. e. 108 646 Ser. Sulpicius Galba. L. Hortensius. Damn. e. M. Aurelius Scaurus. Censores. L/iislr. LXIII. a. FaTiins Maximus Allobrogicus. C. Liciniuj Geta. i07 647 L. Cassius Longinus. Occis. e. C. Marius. 106 648 C. Atilius Serranus. Q,. Servilius Caepio. 105 649 P. Rutilius Rufus. Cn. Mallius Maximus. 104 650 C. Marius 11. C. Flavins Fimbria. 10? 651 C. Marius HI. .\. C. A. U. L. Aurelius Orestes, Mort. e. 102 652 C. Marius IV. a. Lutatius Catulus. Censores. Lmstr. LXIV. Q.. Cfficilius Metellus Numidicus C. CfECilius Metellus Caprarius. 101 653 C. Marius V. M'. Aquilius. 100 054 C. Marius VI. L. Valerius Flaccus. 99 655 M. Antonius. A. Postumius Albinus. 98 656 a. CsEcilius Metellus Nepos, T. Didius. 97 657 Cn. Cornelius Lentulus. P. Licinius Crassus. Censores. I/tistr. LXV. L. Valerius Flaccus. M. Antonius. 96 658 Cn. Domitius Ahenobarbus, C. Cassius Longinus. 95 659 L. Licinius Crassus. Q.. Mucius Scsevola. 94 660 C. Coelius Caldus. L. Domitius Ahenobarbus, 93 661 C. Valerius Flaccus. M. Herennius. 92 662 C. Claudius Pulcher. M, Perpema. Censores. iMstr. LXVi. Cn. Domitius Ahenobarbus, L. Licinius Crassus. 91 663 L. Marcius Philippus. Sex. Julius Caesar. BeLIhUM Maksicum, 90 664 L. Julius Caesar. P. Rutilius Lupus. Occis. e, 89 665 Cn. Pompeius Strabo. L. Porcius Cato. Ocas. e. Censores. P. Licinius Crassus. L. Julius Cssar. 88 666 L. Cornelius Sulla (Felix). a. Pompeius Rufus. Occis e. 87 667 Cn. Octavius. Occis. e. L. Cornelius Cinna. Abd. L. Cornelius Merula. Occii. e 86 668 L. Cornelius. Cinna II. C. Marius VII. Mort. e. 85 669 84 670 83 671 82 672 81 673 80 674 79 675 78 676 77 677 L. Valerius Flaccus II. Censores. Lmstr. LXVII. L. Marius Philippus. M. Perpema. L. Cornelius Cinna III. Cn. Papirius Carbo. Cn. Papirius Carbo II. L. Cnrnelius Cinna IV. Occis. . L. Cornelius Scipio Asiaticus. C. Norbanus Bulbus. C. Marius. Occis. e. Cn. Papirius Carbo III. Occis. s Did. Reip. constituendce c. L. Cornelius Sulla Felix. Mag. Eq. L. Valerius Flaccus. M. TuUius Decula. Cn. Cornelius Dolabella. L. Cornelius Sulla Felix II. a. Csecilius Metellus Pius. P. Servilius Vatia (Isauricus). Ap. Claudius Pulcher. M. .aSmilius Lepidus. a. Lutatius Catulus. D. Junius Brutus. Mam. .ilmilius Lepidus Livianus. 1085 t'ASTI COiVSITLARES FASTI CONSULAUliS. i. C A j 76 678 75 679 74 680 73 681 72 682 71 683 70 684 b9 685 68 686 67 687 66 688 65 689 On. 0:;tavius. C. Scribonius Curio. L. Octavius. C. Au.-elius Cotta. L. Licinius Lucullus. M. Aurelius Cotta. M. Terentius Varro Lucullus. C. Cassius Varus. L. Gellius Poplicola. Cn. Cornelius Lentulus Clodianuii P. Cornelius Lentulus Sura. Cn. Aufidius Orestes. Cn. Pompeius Magnus. M. Licinius Crassus Dives. Censores. iMsbr. LXX. L. Geiiius Poplicola. Cn. Cornelius Lentulus Ciodianus. Q. Hortensius. a. Cfficilius Metellus (Creticus). L. Caecilius Metellus. Mori. e. Q.. Marcius Rex. C. Calpurnius Piso. M'. Acilius Glabrio. M'. .fimilius Lepidus. L. Volcatius Tullus. P. Cornelius Sulla. Non iniii. P. Autronius Paetus. No7i iniit. L. Aurelius Cotta. li. Manlius Torquatus. Censores. a. Lulatius Catulus. Aid. M. Licinius Crassus Dives. Abd. 64 690 L. Julius Ccesar. C. Marcius Figulus. "^'.nscyres. L. Aurelius Cotta. 6;t 691 M. Tullius Cicero. C. Antonius. 63 692 D. Junius Silanus. L. Licinius Murena. . 61 693 M. Pupius Piso Calpurnianus. M. Valerius Messala Niger. 60 694 L. Afranius. a, Caecilius Motellus Celer. 59 695 C. Julius Caesar. M. Calpurnius Bibulus. 58 696 L. Calpurnius Piso Caesoninus. A. Gabinius. 57 697 P. Cornelius Lentulus Spinther. a. Caecilius Metellus Nepos. 56 698 Cn. Cornelius Lentulus Marcellinus. L. Marcius Phili.ppus. 55 699 Cn. Pompeius Magnus II. M. Licinius Crassus 11. Censores. M. Valerius Messala Niger. P. Servilius Vaiia Isauricus. 54 700 L. Domitius Ahenobarbus. Ap. Claudius Pulcher. 53 701 Cn. Domitius Calvinus. M. Valerius Messala. t2 703 Cn. Pompeius Magnus III. Solus comvla- turn gessit. Ex Kal. Sextil. a. CEBcilius Metellus Pius Scipio. 31 703 Ser. Sulpicius Rufus. M. Claudius Marcellus. 50 704 L. iEmilius Paullus. C. Claudius Marcellus. Censores. Ap. Claudius Pulcher. L. CaVpurnius Piso Csesoninus. 49 705 C. Claudius Marcellus. L. Cornelius Lentulus Crus. Did. sine Mas: Eq. Comit. hab. etfer. Latin, c. C. Julius Caesar. 1086 48' 706' C. Julius Cffisar II. P. Servilius Vatia Isauricus. 47 707 Diet. Heip. constUuenda c. C. Julius Caesar II. Mag. Eg. M. Antonius. a. Fufius Calenus. Cos. P. Vatinius. Cos. 46 708 C. Julius Cssar III. M. .Slmilius Lepidus. 45 709 Diet. Reip. const, c. C. Julius Caesar III. Mag. Eg. M. .(Emilius Lepidus. C. Julius Caesar IV. Cos. sine ccVegi a. Fabius Maxiraus. Mort. e. C. Caninius Rebilus. C. Trebonius. 44 710 Diet. Reip. ger. c. C. Julius Cffisar IV. Mag. Eg. M. iEmilius Lepidus II. Mag. Eg. C. Octaviiis. Mag. Eg. Cn. Domitius Calvinus. Non, iniit. C. Julius CsBsar V. M. Antonius. Cos. oc~. P. Cornelius Dolabella. 43 711 C. Vibius Pansa. Mort. e. A. Hirtius. Ocds. e. Abd. C. Julius CEBsar Octavianus. C. Carrinas. a. Pedius. Mort. e. P. Ventidius. Ti-iwinvin ReipMica constituendtZ M. .Smilius Lepidus. M. Antonius. C. Julius Caesar Octavianus. 42 712 L. Munatius Plancus. M. .^milius Lepidus II. Ceiisoi-es. L. Antonius Pietas. P. Sulpicius. 41 713 L. Antonius Pietas. P. Servilius Vatia Isauricus II. 40 714 Cn; Domitius Calvinus II. Abd. C. Asinius PoUio. L. Cornelius Balbus. P. Canidius Crassus. 39 715 L. Marcius Censorinus. C. Calvisius Sabinus. 38 716 Ap. Claudius Pulcher. C. Norbanns Flaccus. 37 717 Triumviri Reipiiblicte consliiuenda, M. .ffimilius Lepidus II. M. Antonius II. C. Julius Caesar Octavianis II. M. Agrippa. Cos. L. Caninius Gallus. T. Statilius Taurus. 36 718 L. Gellius Poplicola. M. Cocceius Nerva. Cos. abd. Abd. Abd. L. Munatius Plancus II. P. Sulpicius auirinus. 35 719 L. Cornificius. Sex. Pompeius. 34 720 L. Scribonius Libo. M. Antonius. Abd FASTI CONSULARES, FASTI CG^■^50LAKES. L. Sempronius Atratinus. iJ.T Kal. Jul. Paul, ^milius Lepidus. C. Memmius. Ex Kal. Nim. M. Herennius Picens. 33 T21 C. J. Caesar Octavianus II. Abd. L. Volcatius TuUus. P. Auiionius Pcems. Ex Kal. Mai. L. Flavius. Kx Kal. JvZ. C. Ponteius Capito. M'. Acilius (Aviola). Ex Kal. Sept. L. Vinucius. Ex Kal. Oct. L. Laronius. 33 722 Cn. Domitius Ahenobarbus. C. Sosius. Ex Kal. Jul. L. Cornelius. Ex Kal. Nov. N. Valerius. 11 723 C. J. Caisar Octavianus III. M. Valerius Messala Corvinus. Ex Kal. Mai. M. Titius. Ex Kal. Oct. Cn. Pompeius. •<0 724 C. J. Caesar Octavianus IV. M. Licinius Crassus. Ex Kal. Jul. C. Antistius Vetus. Ex Id. Sept. M. TuUius Cicero, Ex Kal. Nov. L. Ssenius. 29 725 Imp. Caesar Octavianus V. Sex. Appuleius. Ex Kal. Jul. Potitus Valerias Messala.- Ex Kal. Nov. C. Fumius. C. Cluvius. ■SJ 726 Imp. Ca3sar Octavianus VI. M. Agrippa II. (^Lustr. LXXI.) 27 727 Imp. Caesar Augustus VII. M. Agrippa III. 26 723 Imp. Caesar Augustus VIII. T. Statilius Taurus II. 25 729 Imp. Caesar Augustus IX. M. Junius Silanus. 24 730 Imp. Caesar Augustus X. C. Norbanus Flaccus. S3 731 Imp. Caesar Augustus XI. Abd. A. Terentius Varro Murena. Mort. e. L. Cn 82 732 21 733 20 734 19 735 18 736 17 737 16 738 15 739 14 740 13 741 12 742 L. Sesiius. Cn. Calpumius Piso. M. Claudius Marcellus jEseminus. L. Arruntius. Censores. L. Munatius Plancus. Paul. .Slmilius Lepidus. M. LoUius. a. .Smilius Lepidus. M. Appuleius. P. Silius Nerva. C. Sentius Saturninus. Q,. Lucretius Vespillo. Ex Kal. Jul. M. Vinucius. P. Cornelius Lentulus Marcellinus. Cn. Cornelius Lentulus. C. Fumius. C. Junius Silanus. L. Domitius AhRnobarbus. P. Cornelius Scipio. Ex Kal. Jul. L. Tarius Rufus. M. Livius Drusus Libo. L. Calpumius Piso. M. Licinius Crassus. Cn. Cornelius Lentulus Augur. Ti. Claudius Nero (^poska Ti. Caesar Au- gtistus). P. Cluinctilius Varus. M. Valerius Messala Barbatus Appianus. Mirrt. e. P. Sulpicius duirinus, Abd, C. Valgins Rufus. Abd. 11 743 10 744 9 745 8 746 7 747 6 748 5 749 4 750 3 !51 2 752 C. Caninius Rebilns. MoH. e L. Volusius Saturninus. a. JEluxs Tubero. Paul. Fabius Maximus. Julus Antonius. ft. Fabius Maximus Africanus. Nero Claud. Drusus GermanicuS. Mort. t, T. ftuinctius (Pennus Capitolinas) Crisp*- nus. C. Marcius Censorinus. C. Asinius Gallus. Ti. Claudius Nero II. Cn. Calpumius Piso. D. Laelius Balbus. C. Antistius Vetus. Imp. Caesar Augustus XII. L. Cornelius Sulla. C. Calvisius Sabinus. L. Passienus Rufus. L. Cornelius Lentulus. M. Valerius Messalinus. Imp. Ceesar Augustus XIII. Abd. M. Plautius Silvanus. Abd. ft. Fabricius. L. Caninius Gallus. 753 Cossus Cornelius Lentulus. L. Calpumius Piso. 2 754 C. Caesar. L. .fimilius Paullus. 755 P. Vinucius. P. Alfenius Varus. Ex Kal. Jul. P. Cornelius Lentulus Rcipio. T. ftuinctius Crispinus Vdl& rianus. 3 756 L. M\ms Lamia, M. Servilius. Ex Kal. Jul. P. Silius. L, Volusius Saturniniis. 4 757 Sex. iElius Catus. C. Sentius Saturninus. Ex Kal. Jul. C. Clodius Licinus. Cn. Sentius Saturninus. 5 758 L. Valerius Messala Volesus. Cn. Cornelius Cinna Magnus. Ex Kal. Jul. C. Ateius Capito. C. Vibius Postumus. 6 759 M. .Smilius Lepidus. L. Aruntius. Abd. 7 760 8 761 9 762 10 763 11 764 12 765 13 766 14 767 L. Nonius Asprenas. A. Licinius Nerva Siiianus. ft. Caecilius Metellus Creticus. M. Furius Camillus. Sex. Nonius ftuiiictilianus. Ex Kal. Jul. L. Apronius. A. Vibius Habitus. C. Poppaeus Sabinus. ft. Sulpicius Catnerinus. Ex Kal. Jul. M. Papius Mutilus. ft. Poppaeus Secuudus. P. Cornelius Dolabella. C. Junius Silanus. Ex Kal. Jul. Ser. Cornelius Lentulu> Ma lug. M. .Smilius Lepidus. T. Statilius Taurus. Ex Kal. Jul. L. Cassius Longinus. Germanicus Ceesar. C. Fonteius Capito. Ex Kal. Jul. C. Visellius Varro. C. Silius. L. Munatius Plancus. Sex. Pompeius. Sex. Appuleius. Eodem anno a. d. xiv. KoL Sept. Imp. Caesar Augustus. Mirt. e. 1087 FASTI CONSULARES. FASTI GONSULARES. t. C D. C. Tiberius CiESAa AnonsTUs. 15 768 Diusus CiEsar. C. Norbanus Flaccus. J 6 769 T. Statilius Sisenna Taurus. L. Scrihonins Libo. E/, .Hal. Jul. P. Pomponius G::8eciiiu& 17 770 C. Caecilius Rufus. L. Pomponius Flaccus. 19 771 Ti. Caesar Augustus III. Abd. Gerinanicus Cassar II. 19 772 20 773 21 774 22 775 23 776 24 777 25 778 26 779 37 780 28 781 39 782 30 783 31 784 33 785 33 788 34 787 35 788 36 739 37 790 J8 791 39 792 L. Seius Tubero. M. .lonius Silanus. L. Norbanus Balbus. M. Valerius Messala. M. Aurelius Cotta. Ti. CsEsar Augustus IV. Drusus Ca3sar II. D. Haterius Agrippa. C. Sulpieius Galba. ^ Ex. Kal. Jul. M. Cocceius NeiTa. C. Vibius Rufinus. C. Asinius PoUio. C. Amistius Vetus. Ser. Cornelius Cethegus. L. Visellius Varro. M. Asinius Agrippa. Cossus Cornelius Lentulus. C. Calvisius Sabinus. Cn. Cornelius Lentulus Gastulicus. Ex. Kal. Jul. a. Marcius Barea. T. Rustius Nummius Gallus. M. Licinius Crassus Frugi. L. Calpurnius Piso. Ap. Junius Silanus. P. Silius Nerva. Suf. Q.. Junius Blaesus. L. Antistius Vetus. L. Rubellius Geminus. C. Fafius Geminus. Suf. A. Plautius. L. Nonius Asprenas. M. Vinucius. L. Cassius Longinus. Suf. C. Cassius Longinus. L. Naevius Surdinus. Ti. Cssar Augustus V. L. .^lius Sejanus. Suf. VII. Id. Mai. Faust. Cornelius Sulla. Sextidius CatuUinus. Kal. Jul. L. Fulcinius Trio. Kal. Oct. P. Memmius Regulus. Cn. Domitius Ahenobarbus. M. Furius Camillus Scribonianus. Suf. Kal. Jul. A. Vitellius. Ser. Sulpieius Galba (postea Cses. Aug.). L. Cornelius Sulla Felix. Suf. Kal. Jul. L. Salvius Otho. L. Vitellius. Paul. Fabius Persicus. C. Cestuis Gallus Caraerinus. M. Servilius Nonianus. Sex. Papinius AUienus. d. Plaulius. Cn. Aceronius Proculus. C. Petronius Pontius Nigrinus. Suf. Kal. Jul. C. Cssar Augustus Ger- manicus. Ti. Claudius (poste« Caes. Aug.). Eodem amio a. d. xvii. Kal. April. Ti. Cassar Augustus. MoH. e. Caius CjEsar AuGHSTi's Germanicus (Ca- ligula). M. Aquilius Julianus. P. Nonius Asprenas. C. Caesar Augustus Germanicus II. L. Apronius Csesianus. Suf. Kal. Fehr. Sanguinius Max 'mus 1088 Jul. Cn. Domitius CorLuIo, Sept. Domitius Afer. 40 793 0. Csesar Augustus Germanicus IIL (iS«v his mdg. gessit.) Suf. Id. Jan. L. Gellius Pqplicola. M. CocceiusNerva. (Kal Jul. Sex. Junius Celer. Sex. Nonius (iaincriia. nus.) 41 794 C. C^sar Augustus Germanicus IV. Cn. Sentius Satuminus. Suf. VU. Id. Jan. Q,. Pomj^oniu-' Se- cundus. Eodem anno a. d. IX. Kal. Feb. C. Caes. Aug. Germ. (Caligula). Oaai. <,. Ti. Claudius Caesar Augustub Ger- manicus. 42 795 Ti. Claud. Caas. Augustus Germaiiicus II, C. CsBsinus Largus. Suf. Kal. Mart. (C. Vibius Crispus.) 43 796 Ti. Claud. Caes, Augustus Germanicus III, L. Vitellius II. Suf. Kal. Mart. (P. Valerius Asiat.) 44 797 L. Cluinctius CriSpinus Secundus. M. Statilius Taurus. 45 798 M. Vinucius II. Taurus Statilius Corvinus. Suf. M. Cluvius Rufus. Pompeius Silvanus 46 799 . . . Valerius Asiaticus II. M. Junius Silanus. Suf. P. Suillius Rufus. P. Ostorius Scapula. 47 800 Ti. Claud. Caes. Augustus Germanicus IV L. Vitellius III. Suf Kal. Mart. (Ti. Plautius Silvanuj JElianus.} i8 801 A. Vitellius (postea Aug.). L. Vipstanus Poplicola. Suf. Kal. Jul. L. VitblUus. (C. Caipurnius Piso.'; Ce7isores. lAistr. LXXIV. Ti. Claudius Caes. Aug. Germanicus L. Vitellius. 49 802 a. Veranius. C. (A.) Pompeius Gailus. Suf. L. Memmius PoUio. a. Allius Maximus. 50 803 C. Antistius Vetus. M. Suillius Nerulliflus. 51 S04 Ti. Claud. Caes. Aug. Germanicus V. Ser. Cornelius Orfitus. Suf. Kal. Jul. (C. Minicins Fundanus. C. Vetennius Severus.) Kal. Nov. T Flayius Vespasianus (iwfc tea Goes. Aug.). 52 805 Faustus Cornelius Sulla. L. Salvius Otho Titianus. {Suf Kal, Jul. Servilius Barea Soranus C. Licinius Mucianus. Kal IS'ov. L. Cornelius Sulla. T. Flavins Sabinus.'^ 53 806 D. Junius Silanus. Q,. Hateiius Antoninus. 54 807 M. Asifiius Marcellus. M'. AcUius Aviola. Eodem avmo a. d. III. Id. Oct. Ti. Claud. Cses. Aug. Germ. Mort. c. Nero Claudius CiESAR Augustus Geb MANICUS. .55 808 Nero Claud. Cojs. Aug. Germanicus. L. Antistius Vetus. 56 809 Q,. Volusius Satuminus. P. Cornelius Scipio. 57 810 Nero Claud. Cses. Aug. Germanicus II. L. Calpurnius Piso. Suf. L. CtEsius Martialis. 58 811 Nero Claud. Cajs. Aug. Germanicus III. FASTI CONSLTLARES. FASTI CONSULARES. r 0. i 59 8ia 60 813 CI 814 62 815 63 816 64 817 65 818 66 819 67 820 68 821 M. "Valerius Messala. C. Vipstanus Apronianus. C. Fonteius Capito. Nero Claudius Caesar Augustu!-, Germani- cus IV. Cossus Cornelius Lentulus. C. Petronius TurpiKanus. C. Csesonius Paetus. P. Marius Celsus L. Asinius Gallus. Suf. L. Annasus Seneca. Trebellius Maiimus. C. Memmius Regius. L. Virginius Riitus. C. LfEcanius Bassus. M. Licinius Crassus Frugi. A. Licinius Nerva Silianus. M. Vestinus Atticus. C. Lucius Telesinus. C. Suetonius PauUinus. L. Fonteius Capito. C. Julias Rufus. Silius Italicus. .Aid. Galerius Trachalus. Aid. Nero Claud. Csesar Aug. Germanicus V. (sine collega). Suf. Kal.Jul. M. Plautius Sllvanus. M. Salvius Otho (postea Caes. Aug.). Suf. Kid. Sept. C. Bellicus Natalis. P. Cor. Scip. Asiaticus. Eodem anno a. d. IV. Id. Jim. Nero Claud. Caes. Aug. Germ. Mart. e. Ser. Sulpicids Galba Ca;sAR Augdstus.. 19 822 Ser. Sulpicius Galba Caesar Augustus II. T. Vinius (Junius). Ocds. e. Eodem anno a. d. XVII. Kal. Febr. Ser. Sulp. Galba Caesar Aug. Ocds. e. -M. Salvius Otho C;esar Augustus. Ex. a. d. XVI. Kal. Febr. M. Sal. Otho Ca5s. Aug. L. Salvius Otho Titianus II. Ex. Kal. Mart. T. Virginius Rufus. L. Pompeius Vopiscus. Eodem an/no a. d. XII. Kal, Mai, M. Salvius Otho Caes. Aug. Mori, e, A. ViTELLius Imp. Augustus. Ex. Kal. Mai. M. Caelius Sabinus. T. Flavins Sabinus. Ex. Kal. Jul. T. Arrius Antoninus. P. Marius Celsus II. Ex. Kal. Sept. C. Fabius Valens. A. Licin. Caec. Damn. e. Ex. pi: Kal. Nov. Roscius Regulus. Ex. Kal. Nov. Cn. Caecilius Simplex. C. Cluinctius Atticus. Eodem amu> a. d. IX. Kal. Jan. A. Vitellius Imp. Aug. Ocds. e. Imp. T. Flavius'Vespasianhs A,ugustus. W 833 Imp. T. Flavius Vespasianus Augustus II. T. Caesar Vespasianus. Ex. Kal. Jul. C. Licinius Mucianus II. P. Valerius Asiaticus. Ex. Kal. Nov. L. Annius Bassus. C. Cfficina Paetus. 71 I83i Imp. T. Flavius Vespasianus Augustus III, M. Cocceius Nerva (poslea Imp. Caesar Augustus). Ex. Kal. Mart. T. Caesar Domitianus. Cn. Pedius Cattus. C. Valerius Festus. 73 825 Imp. T. Flavius Vespasianus Augustus IV. T. Caesar Vespasianus II. 73 826 T. Cffisar Domitianus II. M. Valerius Messalinus. 74 827 Imp. T. Flavius Vespasianus Augustus. Ti. Caesar Vespasianus III. Aid. Ex. Kal. Jul. T. Caesar Domitianus III. Censores. iMstr. LXXV. Imp. T. Flavius Vespasianus AuPTistUi. T. Caesar Vespasianus. 75 828 Imp. T. Flavius Vespasianus Augustus VI T. Caesar Vespasianus IV. ■ Ex. Kal, Jul, T. Caesar Domitianus IV M. Licin. Mucianus III, 76 829 Imp. T. Flavius Vespasianus Aug. VII. T. Caesar Vespasianus V. ■ Ex. Kal. Jul. T. Caesar Domitianus V. ( T. Plautius Silvanus jElianus II.) 77 830 Imp. T. Flavius Vespasianus Aug. VIII. T. Caesar Vespasianus VI. Ex. Kal. Jul. T; Caesar Domitianus VI. Cn. Julius Agricola. 78 831 L. Ceionius Commodus. D. Novius Prisons. 79 832 Imp. T. Flavius Vespasianus Augustus IX. T. Caesar Vespasianus VII. Eodem anno a. d. VIII. Kal. Jul. Imp. T. Flav. Vespasianus Aug. Mori, c Imp. Titus Cesar Vespasianiis Augustus, 80 833 Imp. Titus Caesar Vespasian. Aug. VIIT. T. Caesar Domitianus V II. Suf. L.iElius Plautius Lamia. CI. Pacturaeius Fronto. Suf. M. Tillius (Tittius) Frugi. T. Vinicius Julianus. 81 834 L. Flavius Silva Nonius Bassus. Asinius PoUio Verrucosus. Ex. Kal. Mai. L. Vettius PauUus. T. Junius Montanus. Eodem anno Idib. Sept. Imp. Titus Caes. Vespas. Aug. Mort. e. Imp. Gmsk'R Domitianus Augustus. 82 835 Imp. Caesar Domitianus Augustus Vlll. T. Flavius Sabinus. 83 836 Imp. C^sar Domitianus Augustus IX. a. Petillius Rufus II. 84 837 Imp. Caesar Domitianus Augustus X. Ap. Junius Sabinus. 85 838 Imp. Cffisar Domitianus Augustus XI. T. AureUus Fulvus. 86 839 Imp. Caesar Domitianus Augustus XII. Ser. Cornelius Dolabella Petronianus. Suf. C. Secius Campanus. 87 840 Imp. Caesar Domitianus Augustus XIII A. Volusius Satumiuus. 88 841 Imp. Caesar Domitianus Augustus XIV L. Minucius Rufus. 89 842 T. Aurelius Fulvus II. A. Sempronius Atratinus. 90 843 Imp. Caesar Domitianus Augustus XV, M. Cocceius Nerva II. 91 844 M'. Acilius Glabrio. M. Ulpius Traianns (postea Imp. Csesai Augustus). Suf. a. Valerius Vegetus. P. Met(ilius Secundus). 92 845 Imp. Caesar Domitianus Augustus XVI. a. Volusius Satnminus. Ex. Id. Jam. L. Venu(leius Apronianus). Ex. Kal. Mai. L. Stertinius Avitus. Ti. Ex. Kal. Sept. C. Junius Silanus. a. Arv 93 846 Pompeius Collega. Cornelius Prisons. Suf. M.Lollius PauUinus Vale J iusAsi- . aticus Satuminus. C.Antius Aulas Julius Torijuatus 94 847 L. Nonius Torquatus Asprunas. T. Sextius Magius Lateranus. Suf. L. Sergius Paullus. 95 848 Imp. Caisar Domitianus Augustus XVIJ T. Flavius Clemens. 96 849 C Manlius Valens. 1089 i.'ASTl OONSULARES, FASTI CONSULARES. C. Antistius Vetus. Sodem anno a. d. XIY. Kal. Oct. imp. CsEsar Domitianus Aug. Germanicus. Occis. e. Imp. Nerta Cssar AuansTUs Germanicus. 97 850 Imp. Nerva Caesar Augustus III. T. Virginius Rufus III. Eodem wnmo. M. Ulpius Trajanus Caesar. AppeU. est. 08 851 Imp, Nenra Caesar Augustus IV. Nerva Traianus Csesar II. Eodem anno a. d, VI. Kal. Fehr, Imp. Nerva Caesar Aug. Germ. Mart. e. Imp. CiESAR Nerva Trajanus Optimus Augustus Germanicus Dacicus Par- THICUS. Ex. Kal. Jul. C. Sosius Senecio. L. Licinius Sura. Ex. Kal. Oct. Afranius Dexter. 99 852 A. Cornelius Palma. C. Socius Senecio (II.). 100 853 Imp. Caesar Nerva Trajanus Augustus III. Sex. Julius Frontinns III. Ex. Kal. Mart. M. Cornelius Fronto III. Ex. Kal. Sept. C. Plinius Caecilius Secun- dus. Comutus Tertullus. Ex. Kal. Nov. Julius Ferox. Acutius Nerva. L. Roscius .Slianus. Ti. Claudius Sacerdos. 101 854 Imp. Caesar Nerva Trajanus Augustus IV. Sex. Articuleius Paetus. Ex. Kal. Mart. Cornelius Scipio Orfitus. Ex. Kal. Mai. Baebius Macer. M. Valerius PauUinus. Ex. Kal. Jul. C. Rubrius Gallus. a. Caelius Hispo. 02 855 C. Sosius Senecio III. L. Licinius Sura II. Ex. Kal. Jul. M'. Acilius Rufus. C. Caecilius Classicus. 103 856 Imp. Csesar Nerva Trajanus Augustus V. L. Appius Maximus II. QStif. C. Minicius Fundanus. C. Vettennius Severus.) 104 857 Suranus. P. Neratius Marcellus. 105 858 Ti. Julius Candidus II. C. Antius Aulus Julius Cluadratus II. 106 859 L. Ceionius Commodus Verus. L. Tutius Cerealis. 107 860 L. Licinius Sura III. C. Sosius Senecio IV, Suf. .... Suranus II. C. Julius Senr. Ursus Servianus. 108 861 Ap. Annius Trebonius Gallus, M. Atilius Metilius Bradua. Su,/. (C. Julius Africanus. Clodius Crispinus.) L. Verulanus Sererus. 109 862 A. Cornelius Palma II. C. Calvisius TuUus II. Suf. P. iElius Hadrianus (posfea Imp. Caesar Augustus), M. Trebatius Priscus. 110 863 Ser. Salvidienus Orfitus. M. Peducaeus Priscinus. Suf. (P. Calvisius TuUus. L. Annius Largus.) 111 964 M. CaJpurnius. Piso. L, RusKcus Junianus Bolanus. Siif. C, Julius Servilius Ursus Servi- anus II, L. Fabius Justus. U2 865 Imp. Caesar Nerva Traj. Augustus VI. T. Sextius Africanus. 113 866 L. Publicius Celsus II. 1090 p. C. B.C. C. Clodius Crispinus. 114 867 a. Ninnius Hasta. P, Manilius Vopiscus. 115 868 L. Vipstanus Messala, M. Pedo VergiUanus, 116 869 (jEmilius) ^lianus. (L.) Antistius Vetus, 117 870 auinctiiis Niger. C. Vipstanus Apronianus, Ex. Kal. Jul. M. Erucius Claras. Ti, Julius Alexander, Eodem anno. Imp. Caesar Nerva Traj. Aug, Mart. e. Imp, Cssar Trajanus Hadrianus Auqu» TUS, 118 871 Imp. Caesar Traj. Hadrianus Augustus IL Ti. Claudius Fuscus Salinator. 119 872 Imp. Caesar Traj, Hadrianus Augu !tus IIL C. Junius Rusticus. 120 873 L. Catilius Severus. • T. Aurelius Fulvus (poslea Imp. Caesar An- toninus Augustus Pius). 131 874 M. Annius Verus II. Augur. 122 875 M'. Acilius Aviola. C. Corellius Pansa. 123 876 a. Articuleius Paetinus, L, Venuleius Apronianus, 124 877 M'. Acilius Glabrio. C. Bellicius Torquatus, 125 878 Valerius Asiaticus II, Titius Aquilinus, 126 879 M. Annius Verus III. . . , Eggius Ambibulus, 127 880 T. Atilius Titianus. M. Squilla Gallicanus. 128 881 L. Nonius Torquatus Asprenas II. M. Annius Libo, 129 882 P, Juventius Celsus II, a. Julius Balbus, Suf. C. Neratius Marcellus II. Cn. LoUius Gallus, 130 883 a. Fabius CatuUinus. M. Flavins Aper, 131 884 Ser. Octavius Laenas Fontianus. M. Antonius Rufinus. 132 885 C. Serins Augurinus. C. Trebius Sergianus. 133 886 M. Antonius Hiberas. Nummius Sisenna. 134 887 C. Julius Servilius Ursus Servianus lU, C. Vibius Juventius Varus. 135 888 Lupercus. Atticus, Suf. . . . Pontianus. . . . Atilianus. 136 889 L. Ceionius Commodus Verus. Sex. Vetulenus Civica Pompeianus. Eodem anno. L. Ceionius Conunodus Verus ,S!lius C*- sar. App. e. 137 890 L, .^Elius Verus Casar 11. P. Coelius Balbinns Vibulius Pius. 138 891 Niger. Camerinus, L. .ffilius Verus Caesar. Kal. Jan. Mort.t. Eodem anno a. d. V. Kal. Ma/rt. T. Aurelius Fulvius Antoninus .ffillius Ca^ sax, App. e. Eodem anno a. d. VI. Id. Jul. Imp, Caesar Traj. Hadrianus Aug. Mart, i. Imp, T. .^lius CaisAR Antoninus Augus" TUS Pius. 139 892 Imp. T. JEl. Caesar Ant. Augustus Pius H, C. Bruttius Praesens II. 140 893 Imp. T. JEl. Caesar Ant. August. Pius III M. M]ias Aurelius Verus Csesai ' Imp. Augustus). FASTI COWSULARES. FASTI CONSULARES. F. C V C. 141 894 142 895 43 896 '144 897 145 898 146 899 147 900 148 901 149 902 150 903 151 904 153 905 153 906 154 907 155 908 156 909 157 910 158 911 159 912 ISO 913 161 914 62 915 163 916 64 917 165 918 166 919 167 920 168 921 169 922 170 923 171 924 1,2 935 M. Peducsous Stloga Priscinus. T. Hoenias Severus. L. Statius Cluadratus. C. Cuspius Rufinus. C. Bellicius Torquatus. Ti. Claudius Atticus Herodes. P. Lollianus Avitus. C. Gavius Maximus. Imp. T. M\. Caesar Ant. Augustus Pius IV. M. Aurelius Caesar II. Sex. Erucius Claras II. Cn. Claudius Severus. C. Aunius Largus. C. Prast. Pacatus Messalinus. Torquatus. Salvius Julianus. Ser. Scipio Orfitus. Q,. Nonius Priscus. Gallicanus. . . Antistius Vetus. Sex. Q,uintilius Condonianus. Sex. duintilius Maximus. M. Acilius Glabrio. M. Valerius HomuUus. C. Bruttius Praesens. A. Junius Rufinus. L. Mlins Aurelius Commodus (postea Imp. Caesar Augustus). T. Sextius Lateranus. C. Julius Severus. M. Junius Rufinus Sabinianus. Ex. Kal. Nov. Antius Pollio. Opimianus. M. Ceionius Silvanus. C. Serius Augurinus. M. Civica Barbaras. M. Metilius Regulus. Sex. Sulpicius Tertullus. C. Tineius Sacerdos. Plautius Cluintillus. Statius Priscus. Ap. Annius Atilius Bradua. T. Clodius Vibius Varas. M. jElius Aurelius Verus Csesar III. L. ^lius Aurelius Commodus II. Eodem armo. Imp. T. M\. Caes. Ant. Aug. Pius. Mcni,. e. Imp. CiESAR M. Aurelius Antoninus Au- gustus. Imp. CiESAR L. Aurelius Verus Augustus. Q,. Junius Rusticus. C. Vettius Aquilinus. Suf. a. Flavius Tertullus. M. Pontius Laslianus. Pastor. Suf. a. Mustius Priscus. M. Pompeius Macrinus. P. Juventius Celsus. M. Gavius Orfitus. L. Arrius Pudens. U. Servilius Pudens, L. Fufidius Pollio. Eodem anno a. d. IV. Id. Oct. L. M\. Aurelius Commodus Caes. App. e. Imp. Caesar L. Aur. Veras Augustus III. M. Ummidius Cluadratus. L. Venuleius Apronianus II. L. Sergius Paullus II. a. Sosius Priscus Senecio. P. CcElius ApoUinaris. Eodem anno. Imp. Caesar L. Aur. Veras Aug. Mart. e. M. Cornelius Cethegus. C. Eracius Clarus. T. Statilius Severas. L. Alfidius Herennianus. Maximus. Orfitus. p. c. V. c. 173 926 M. Aurelius Severus II. Ti. Claudius Pompeianus. 174 927 Gallus. Flaccus. 175 928 Calpumius Piso. M. Salvius Julianus. 176 929 T. Vitrasius Pollio 11. M. Flavius Aper II. 177 930 Imp. L. Aurelius Commodus Augustus, M. Plautius auintillus. 178 931 Gavius Orfitus. Julianus Rufus. 179 933 Imp. L. Aurelius Commodus Augustus XL P. Marcius Verus. Ex. Kal. Jul. P. Helvius Pertinax (postea Imp. Caesar Augustus). M. Didius Severus Julianus {postea Imip. Caes. Aug.1. 180 933 C. Bruttius Praesens. Sex. auintilius Condianus. Eodem anno, a. d. XVI. Kal. April. Imp. Caesar M. Aurelius Antoninus Aug. Mort. e. Imp. M. Aurelius Commodus Antoninus Augustus. 181 934 Imp. M. Aurelius Commodus Antoninus . Augustus III. L. Antistius Burras. ■ 182 935 Mamertinus. Rufus. Ex. Kal. Jul. MxaiMas Juncus. Atilius Severus. 183 936 Imp. M. Aurelius Commodus Antoninus Augustus IV. C. Aufidius Victorinus II. Ex. Kal. Feir. L. Tutilius Pontius Ger ■ tianus. Ex. Kal. Mai. M. Herennius Secundus, M. Egnatius Postumus. T. Pactumeius Magnus L. Septimius F 184 937 L. Cossonius Eggius MaruUus. Cn. Papirius .Elianus. Snf. C. Octavius Vindex. 185 938 Matemus. Bradua. 186 939 Imp. M. Aurelius Commodus Antoninus Augustus V. (M'. Acilius) Glabrio II. 187 940 Crispinus. .ffilianus. 188 941 Fuscianus II M. Servilius Silanus II. 189 942 Junius Silanus. a. Servilius Silanus. 190 943 Imp. M. Aurelius Commodus Antoninus Augustus VI. M. Petronius Septimianus. 191 944 {Cass)ius Pedo Apronianus. M. Valerius Brad\ia (Mauricus). 192 945 Imp. L. jElius Aurelius Commodus Au- gustus VII. P. Helvius Pertinax II. Eodem anno prid. Kal. Jan. Imp. L. .Silius Aurelius Commodus At gustus. Ocds. e. 193 946 Imp. Cesar P. Helvius Pertinax Augus- tus. a. Sosius Falco. C. Julius Eracius Claras. Suf. Flavius Claudius Sulpicianus. L. Fabius Cilo Septimianus. Eodem anno a. d.V. Kal. April. Imp. Caesar P. Helvius Pertinax Augustus, Occ. e. Imp. C2ESAR M. DiDius Seviaus Julianuh Augustus. Suf. Kal. Mai. SiliUs Messala. 1091 FASTI CONSULARES. ^ASTI CONSULARES. 7. c, a c Eodem anno Kal. Jun. Imp. CEEsar M. Didius Severas Juliauus Augustus. Occis. e. Imp. CffisAR L. Septimics Setehus Perti- NAX Augustus. Su,f. Kal. Jul. M\ms. Probus. Eodem anno, D. Clodius Albinus Caesar. App. est. 194 947 Imp. C^sar L. Septimius Severus Augus- tus II. D. Clodius Albinus Caesar. 195 948 Scapula Tertullus. Tineius Clemens. 196 919 C. Domitlus Dexter. L. Valerius Messala Thrasia Priscus. Eodem anno. Bassianus M. Aurelius Antoninus Caesar. Ajyp. e. 197 950 Ap. Claudius Lateranus. ...:.... RuQnus. 198 951 Satuminus. Gallus. Eodem anno. M. Aurelius Antoninus (Caracalla) Caesar Imp. Augustus App. e. P. Septimius Geta Caesar. App. e. 199 952 P. Cornelius Anulinus II. M. Aufidius Fronto. 200 953 Ti. Claudius Severus. C. Aufidius Victorinus. 201 954 L. Annius Fabianus. M. Nonius Arrius Mucianus. 202 955 Imp. Caesar L. Septimius Severus Augus- tus III. Imp. Caesar M. Aurelius Antoninus Aug. 'J03 956 C. Fulvius Plautianus 11. P. Septimius Geta. 204 957 L. Fabius Cilo Septimianus II. M. Annius Flavins Libo. 205 958 Imp. Cassar M. Aurelius Antoninus Au- gustus II. P. Septimius Geta Cassar. BOG 959 M. Nummius Albinus. Fulvius jEmilranus. 207 960 Aper. Maximus. 208 961 Imp. Caesar M. Aurelius Antoninus Augus- tus III. P. Septimius Geta Caesar II. 209 962 Civica Pompeianus. LoUianus Avitus. EodeM anno. P. Septimius Geta Cassar Aug. App. est. ?10 963 M'. Acilius Faustinus. Triarius Rufinus. Bl 1 964 (a. Hedius Rufus) LoUianus Gentianus. Pomponius Bassus. Eodem anno prid. Non. Febr. Imp. Caesar L. Septimius Severus August. Mort. e. Imp. CiESAE M. Aurelius ANXONrNus (Caracalla) Augustus. 'M2 965 C.Julius Asper II. C. Julius Asper. Eodem anno. Imp. Caesar P. Septimius Geta Pius Aug. Occ. est. 213 966 Imp. M. Aurelius Antoninus Augustus IV. D. Coelius Balbinus II. Siif. (M. Antoninus Gordianus [postea Imp. Caesar Augustus]. Helvius Pertinax.) 214 967 Messalla. Sabinns. 215 968 .. Lffitus II. Cerealis. 216 969 Catius Sabinus II. '092 P.O. t;. 0. Cornelius. Anulinus. 217 970 C. Bruttiiis Praesens. T. Messius Extricatus II. Eoder >, an/no a. d. VI. Id. April. Imp. Ccesar M. Aurelius Antoninus (Car» calla) Augustus. Occ. e. Eodein anno a. d. III. Id. April. M. Opilius Severus Macrinus Imp. CjDiai Augustus. App. e. M. Opilius Diadumenianus Ca:s. App. e. Imp. C^sar M. Opilius Severus Macri- nus Augustus. 218 971 Imp. Caesar M. Opil. Severus Macrinus Augustus II. C. Oclatinus Adventus. Eodem anTW. Imp. Caesar M. Opilius Severus Macrinus Augustus. Occ. e. Varius Avitus Bassianus M. Aurelius An- toninus Imp. Caesar Augustus. App. e. Imp. CmskK M. Aurelius ANTONiNca (Elagabalus) Pius Felix Augustus. Suf. Imp. Caesar M. Aurelius Antoni- nus (Elagabalus) Augustus. 219 972 Imp. Caesar M. Aurelius Antoninus (Ela- gabalus) Augustus II. CI. Tineius Sacerdos II. 220 973 Imp. Caesar M. Aurelius Antoninus (Ela gabalus) Augustus III. P. Valerius Eutychianus Comazon II. 221 974 Gratus Sabinianus. Claudius Seleucus. Eodem anno. Bassianus Alexianus M. Aurelius Alexan- der Caesar. App. e. 222 975 Imp. Caesar M. Aurelius Antoninus (Ela- gabalus) Augustus IV. M. Aurelius Alexander Cajsar. Eodem anno. Imp. Caesar M. Aurelius Antoninus (Ela- gabalus) Augustus. Occ. e. Imp. Caesar M. Aurelius Severus Alex- ander Augustus. 223 976 L. Marius Maximus II. L. Roscius jElianus. 224 977 Claudius Julianus II. L. Bruttius Cluinctius Crispinus. 225 978 Fuscus II. Dexter. 226 979 Imp. Caesar M. Aurelius Severus AJex Augustus II. Marcellus 11. 227 980 ...... . Albinus. Maximus. 228 981 Modestus II. ....... Probus. 229 982 Imp. Caesar M. Aurelius Severus Alex Augustus III. Cassius Dio II. 230 983 L. Virius Agricola. Sex. Catius Clementinus. 231 984 . . . Claudius Pompeianus. T.Fl. . . Pelignianus. 232 985 Lupus. Maximus. 233 986 Maximus. ....... Patemus. 234 987 Maximus II. (C. Coslius) Urbanus. 235 988 Severus. ...... Cluinctianus. Eodem anno. Imp. Cassar M. Aurelius Sevetus Alexan- der Augustus. Occ. €. It has been considered unnecessary for the objects of the present work to continue the Fasti beyond the death of Alexander Severus. INDEX I. NAMES OF CONTRIBUTORS. A1.EXA.NDER ALLEN, Ph.D. JOHN WILLIAM DONALDSON, M.A., late FeUowof Trin- BJ College, Cambridge. WILLIAM FISHBURN DONKIN, M.A., FeUow of XTaiver- iity College, Oxford. WILLIAM ALEXANDER GREENHILL, M.D., Trinity College, Oxford. BRNJ. JOWETT, B.A., Fellow of Ba W. College, Oxford. CHARLES RANN KENNEDY, M.A., late Fellow of Trin- ity College, Cambridge. THOMAS HEWITT KEY, M.A., Professor of Latin in University College, London. HENRY GEORGE LIDDELL, M.A., Student of Christ Church, Oxford. GEORGE LONG, M.A., late Fellow of Trinity College, Cam- sridge. JOHN SMITH MANSFIELD, M.A., FeUow of Tritty Co|. lege, Cambridge. JOHN NARRIEN, Esq., Royal Military College, Sand- hurst. WILLIAM RAMSAY, M.A., Professor of Humanity n the University of Glasgow. ANTHONY RICH, Jun., B.Ji . LEONHARD SCHMITZ, Ph.D., late of the Uniiersity M Bonn. PHILIP SMITH, B.A. WILLIAM SMITH, Ph.D. (Editor of the worli). RALPH NICHOLSON WARNUM, Esq. RICHARD WESTMACOTT, Jun., Esq. ROBERT WHISTON, M.A., Fellow of Trinity CollegB, Cambridge. ■ - ■ JAMES YATES, M.A., F.R.S. INDEX II. Containing a list of tlie articles furnished by each of the contributors to the English edition of the work, and arranged under their respective names in alphabetical order. A. Allen. Atheneuni. Airamentum. Atthis. Auditorium. Balotro. Barba. Bendideia. Bibliopola. Bibliotheca. Bidental. Biga. Bigatus. , Cadiskoi. Calamus. Calculi. J. W. Donaldson. ^rarii. Agrimensores. Anacrisis. Androlepsia. Antomosia. Apagoge. ^Ajrpoaraatov ypa^^. Argentarii. ^kftyias ypa(}>f/. Astynomi, Ateleia. Atimia. Calendar (Greek). Celeres. Censores Census. ChoraguB, Chorus. Comitia. Comcedia. Consul. W. F PONKIM Music (Greek). W. A. Gbeeithill Aichmter. Arquatus. Arsenicon. Arteria. Chirurgia. Distetica. Dogmatici. Gclectici. Cmpirici. Episynthotici. Gymnasium (medical uses) latralipta. latraliptice latrosuphista Medicina If edicn* IVIethodici. Pathologia. Pharmaceu tica. Physiologia. Fneumatici. Semeiotica. Therapeutica. Theriaca. B. JowETT. Augur. Aulos. Auspicium. Buccina. Centurio, Chirographum. Ci vitas (Greek). Cleruchi. Cmna. Comes. Gommentarius. Comu. Corvus. Crates. Crotalum. Crux. Cymbalum. Music (Roman). 0. R. Kennedy. Ecmartyria. Embateia. 'EvoiWou SlKIJ. Epibole. Epiklerus. Eranoi. 'E^aywy^ff Stxij. Heres (Greek). Martyria. , Nomqphylaces. Nomos. Nomothetes. Oath (Greek). Parabolon. Paracatabole. Parakatathece. Paragraphe. Hapavoias Ypa^- flapavdiiuyv Ypa^^. Parapresbeia. Parastasis. P*redroi. Pentecoste. ^apfxaKtav ypa(P^ Phasis. Phonos. *o/)ay a(paVO^S> ^&^y- ptvrji ^dopa Twy e\cvd£p(i)v. Polemarchos. Practores. Ilpnaytoyfiiaj ypa0^ Probole. Probouloi. Prodosia. Upoetatpopas SUij. Prothesmia. Psephos, *'mo£vypa05ff ypa^ij. 'VevSoKATjTslas ypa(pfh *PT]ToptK}i ypa(p^ "^Kvpfa SIktj. Sitophylacea. Sites. S/rOU 6tKT]. Sycophantes. Suleiu. Sjonboleion. "SvfiSdXuvt ^Trb, SUai. Syudicus. Synedroi. Synegoros. Sjmgraphe. SjTioecia. ■ Tamias. Teichopoios. Telones. Telos. Theorica. Theoroi. Thetes. Thiasos. Timema. ' Tribus (Greek). Tyrannus. Xenagoi, Xenelasia. Hevfaff ypa^i? Xenicon Zetetai. T. H. Key Calendar (Roman). H. 6. LiDDELL. Amphitheatnim. Aquxductus. Lampadephoria. George Lonq Acceptilatio. Accessio. Acquisitio. Actio. Actor. Adoption (Greek). Adoption (Roman). Adulteriam. Advocatus. iGdiles. ^lia Sentia Lex. Afiines. AgrarisB Leges Album Alluvio Ambitus. Appellatio (Roman). Aquie Pluviffi Arcendn Act is Arra. Asseitor. Assessor.' Auctio. Auctor. Auctoritas. Banishment (Roman). Basilica. Beneficium. Bona. Bona Caduca. Bona Fides. Bona Rapta. Bona Vacantia. Bonorum Oessio. Bonorum CoUatio. Bonorum Emptio et Emptor Bonorum Possessio. Breviarium, Calumnia. Caput. Cautio. Centumviri. Certi, Incerti Actio. Cincia Lex. Civitas (Roman). Cliens. Codex Gregorianus and He? mogenianus. Codex Justinianeus. Codex Theodosianm Cognati. CoUe^um. Colonia (Roman) Commissum. Commissoria Lex. Cummuni Dividundo Actio Commodatum. Compensatio. Concubina (Roman). Confessoria Actio. Confusio. Constitutiones. Cornelia Lex. Corpus Juris Civilis. Crimen. Culpa. Curator Damni Injuria Actio Damnum. 1099 INDEX. J amnum Infectom. Decretum. Dediticii. Pejecti EffuiiiTe IctiC'. PeposiCum. • Divortium. Dominium , Donatio Mortis Causa. Donatio Propter Nuptias, Donationes inter Virimi et Ux- orem. Dos (Roman). Edictum. Edictum Tbeodorici. Einaucipatio. Emph^eusis. Einpti et Venditi Actio Emptio et Venditio. Evictio. 'Exercitoria Actio. Exhibendum Actio ad. Falsum. Familia. Familis Erciscunds Actio. Fictio. Ji'ideicommissum. Fiducia. Finium Regundorum Actio. Fiscus. Fcederats Civitates. Fundus. Furtum. Gens. Heres (Roman). Honores. Imperium. Impubes. Incestum. Infamia. Infans. Ingenui. Injuria. Institoria Actio. Institutiones. intercessio (1, 2). Interdictum tntestabii^ Judex. Judex Fedaneus. Judicati Actio. Julis Leges. Jure Cessio, in. Jurisconsulti. junsdictio. Jus Jus JBlionum. Jus Civile FLavianum. Jus Civile Papiriauum Jussu, Quod, Actio Latinitas. Legatum. Legatus. Lex. Libertus, Litis Contestatio. Locatio. Magistratus. Majestas. Manceps. Mancipii Causa. Mancipium. Mandatum. Manumissio. Manus lujectio. Mutuum. Negotiorum Gestorum Ao^io. Nexum. Novellaa. Noxalis Actio, Obligationes. Occupatio. Opens Novi Nuntiatio. Orationes Pcincipum. Orator. Pandects. Patria Potestas. Patronus. Pauperies. Pfrjulatus Per Condictionem. Per Judicis Postulationem Per Pignoris Capionem. Pignus. Pl^ium. Plebiscitum. Pcena. Possessio. Postliminium. Pnedium. Prajudicium. 1094 Prffis. Ovatio llrasideift. Praescriptio, Paludamentom. BrauroniR Prffitor. Periscelis. Cabeiria. Provincia. Finacotheca. Callisteia. PubUciana in Rem Actio. Prodigium. Cameia. Quanti Minoris Actio. Saturnalia. Gary a. Quorum Bonorum, Interdic- Sella. Chalcoia tum. Spolia. Chalcioecin Recepta : De Recepto, Actio. Sport ula. Chelidonia. Redhibitoria Actio. Stilus.. Chitonia. Repetunds. Stratores. Chloeia. Restitutio in Integrum. Triumplius. Chthon^ Rogationes Liciniae. Tuba. Codex. Rutiliana Actio. Tympanum. CongiariuK. Sectio. vk Consualia. Senatus Consultom. Vinum. CoutubernB'.x Servitutes. Vitrum. Coutus. Servus (Roman, legal view). Vitta. Conventns Societas. Cophinus. Siiccessio. A. Rich. Cmybantes Superficies. Areas. GoiybanticB Talio. Atlautes. Cosmetse. Testamentum Atticurges. Cottabus. Thona Lex. Basileus. Cotyttia. Tutor. Basilica (sc. aedes). Covinus. Twelve Tables. Baths. Crater. Vjndicatio. Bridges. Critai. Viadicta. Bustum. Crocota. Vis. Camera. Cronia. Vis et Via Annata. Campus Martins. Crypteia. Universitas. Campus Sceleraius. Culter. Voconia Lex. Canalis. Daidala. Usucapto. Capitolium. Daphnephorift ITsurpatio Castellum Aqus. Daricus. Ususiructus CeUa'. ' Deikelistai. Chalcidicum. Delia. - J. S. Mansfield. Chemips.^ Delphinia 'AvSptnrdodiv oikt]. Dcmetria. Circus. Diamastigosij Antidosis. Clavis. Dapsephisis. Antigi*aphe. Clavus. Diasia. ' AdofifitjS dlKTJ Clavus Annalis. Dictyunia. Apographe. Clavus Gubernaculi. Dies. Apoceiyxis. Clavus Latus, Augustus Diipoleia *AjroX£tt//£a)ff Siiai. Clypeus. Diocleia. Apomosia. Clitellffi. Dionysia. Aporrheta. Cloaca, Dioskouria ^AiroaTOciov SIkij. Cochlea. Divinatio. Appellatio (Greek) Colossus. Docana 'Apj'upi'ou SlKIJ- ''AtreSdas ypa^^. Columbarium. Donaria. Coma. Ekkletoi. ^AaTparelds Ypa^^* AhroitoXias Ypi^. BeBatixitTSU)^ StKrj. Conditorium. Eisiteria. Corbis. Eisphora. Corbits. ElapheboHs BtatW SiKij. BXdBrjs SiKt}. Corona. Elcusinia. Cortina. Eleutheria. BouXciio-fois- ypa0^. KaKijyopias otKrj. KaKOTEJQ'lCiv dlKT}. Kapirov dliaj. Crypta. Ellotia. . Cudo. Epangd.ia. Culina. Ephebus. Emissarium. Ephesia. Xiapiov StKij. XpEOVS dtKIJ, Entasis. • Eponymus. Epistylium. Erotia. Cleteres. Fastigium. Eumolpidai KXoTTVS StKTJ. Fornix. Eupatridai. Concubina (Greek). HermsB. Euthyne. Kurios. Exauguratt: Diadicnsia. L. SCHMITZ. Exegetai. Diamartyria. Agrionia. Exiteria. Dicasteriou. 'Ayporipa^ Svoia. Exodia. Dicastes. AgTupnis. Exomosia. Dice. Aiaceia. Exostra. Eisangelia. Aianteia. Feriffi. Endeixis. Alyivjiriov iopi^ Fescennina. Engye. Aiora. Floralia. Ephegesis. Alaia. Forum. Epidicasia. Alcathoia. Galli. Epitropos. * AXeKTOvSviiiv h.y&v. Gamelia. Epobelia. Aloa. Gausapa. G raphe. Amarunthia. Geomoroi. 'ApTTayTJs ypa^fj. Ambrosia (festivals). Grammateos Alpy/ioD ypa^^. Amphiaraia. Amphidi-omia. Gymnopaidi» 'UpooovXias Ypaji^. Anakeia. Gynaikonnst* Habei.,.. "Yfipcus Ypa^ij. Anacleteria. 'YitoBoXtjs ypa0^. Anaxagoreia. IlaimostiB. AEmovavTiov ypa^^. Androgionia. lleriea. AztTioaTpajiov , ypa4^. Anthesphoria. Ilermsa. Antinoeia. Iletterae. J. Naerien. Apaturia. Hilario, Army (Greek). Aphrodisia. Histho. Army (Roman). ApoUonia Hora. Araieia. Horologittm. W. RamsaT. Argentura. HoiTeura. Fasti. Ariadneia. Hospitium. Fetiales. Arrhephorium. Hydriapho* . Flamen. Artemisia. Hyloroi. LaciniiB. Asclepieia. Hyperetes. Lsena. Ascolia. Hyporchepja Lituus. Bo€dromia. Hyacinthiu Manipulus Boreasmoi. Ina^. Ambrosia. Amburbium. 'AfteXiov 5im;. Amphiorkia. Anaboleus. Anacomide. 'Avaywyns SUtj- ^AvipaTTOOKTfiov ypn^^ Anteambulones. Aatecessores. Antigrapheis. Apagaloi. 'A0aro^ ^fiipai. Aphvactus. Apodecte. ApopLansia. Apohora. Apohoreta. ^AiTopad£g ^fiipcu Apostoleis, Apotheca. Apotheosis. Apparitores. Aquarii. Area. Arccra. Archairesii. Archeion. Archones. Ardalion. Area. Asiarchse. Asylum. Athletffl. Atrium. Augusta! es. Aurum Core- tir»«t Aurum L'te, « a. Authepsa. Autonomi. AxoneS. Basileia. Bastenu Ee^tiarii Bibasi. Becos B.'-iiffii. Biren:'* BombyL »■ Boonai. Botulus Buxum. Byssus. Cacosis. GaduceuB. Cad us. Cieritum Tabui«»i Calantica. Calathus. C^culator. Calida. Campestre Campidoctoi'es. Canabos. Canathron. Candela. Caudelabrum. Cantharus. Canticum. Capsa. Capsarii. Caracalla. Camifex. Carrago. Carruca. Catalugos. KaroXf o-£fa)^ tov Sijficv ypa'P% Cataphracti. KaTaffKOff^? ypa(i>}] . Cathedra, Caupona. Cnadab. Ceroma, Gestus. CippuB. 1095 i^DEX. Ciita Cochlear Colonia (Greek) Comissatio. Commeat'18. Oompitalia. Corymbus. Cubicularii Cubiculum. * Cubisteteres Culix. Curatores. Cursores. Cyclas. Cymba. Dactyliotheca Damosia. Danace. Decadouchoi. Decarchia. Decasmos. DecempedA. Decemvin. Decimatio. Deigma. ^siMas yoatf A Deipnou Delator Delphis. Demensum Demioprata. Demopoietos. Demosioi. Denarius. Di abater! a. Dianomai. Dimache. Diota. Dipbthera. Diploma. Diptycha. Diribitorea. Drachma. Dacenarii. Ducentesima. Duplicarii Duumviri. Eicoste. Eircu. Eisagogeis. Eleven, th& EUimenioi.. £rabas. Emeri^. Emphrouroi. Emporium. Engktesis. I^paritoi. Epeunactiii. Ephestris. EpibatsB. Epidoseia. Epimeletai. Episcopoi. Epistates. Epistoleus. Epulones. Equtria. Equites. Equuleus. Er^astulum. Encius. Erycterei. Evoctt?. Ezcubitortia, Exetastai. Exomi& Fabri. Fartor. Fasces. Fascinum. Ferculum. Fidiculffi. Fomacalia. Forty, the. Frumeutarr. Fullo. Funus. Furca. Fustuariura. - Gladiators. Gymnesioi. Halteres. Harjiastum. Haruspiccfi. Hectici. Hellanodics. ^ellenotamis. ]096 Hestiasis. Stola. J. Vkm Heiromnemones. Strena. Abacua Hioropoioi. Strophium. Abonu. Horoi. Suifragium. Acctibita. House (Roman). Suggestus. Acerra. Interrex. Syllogeis. Aoetabulr m Lacema. Sumtuarix Leges. Acinaces. Larentalia. Sapplicatia Aclis. Liber. Symposium. Acus. Librarii. S}aithesis. Aibus Galerus. LictoT. Syrma. Alea. Loutron. Tabella. Amentum. Lucema. Tabellariffi Leges. Amictus. Magister. Tabellarius. 'AiJL^iTTpvfivoi viiiS- Mediastini. Tabellio. Ampulla. Murrhiua Vasa. Tabulffl. Amphyx. NavuUa. Tabular ii. Amuletum. Naumachia. Tabularium. Ancile. Norendiale. Tagos. Ancora Novi. Homines. Taxiarchoi. Anquisitio. Obeliscus. Termiualia. Antffi. Olympiad. Tesludo. Ante/ixa. Olympic Gamei Thenss. Antenna. Opalia. Tpa^fiaTOS h wpovotas 3'P«0^ Antepagmenta. Opinatores. Triumviri. Antlea. Orarium. Tropffium. Antyx. Ordo. Tumultus. Apex. Omatrii. Tunica. Aplustre. Ostianum. Tutulus. Ara. Psean. ValerisB Leges. Aratrum. Psenula. Valeria eC Horatise Leges. Arcus TriumplubU. Pagi. Valeria Lex. Aries. Faidonomoa. Velati. Arma. Paliestra. Venatio. Armilla. Pains. Venificium. Asbestus. Par Impar Ludore. Vestales. Ascia. Paradisus. Umbraculum. Asilla. Parasang-. AstragaluB. Paropsis. R. Westmaoott. Babylonicum. Fassus. JEa (xaXfciJ?). Baculus. Patrimi et Matrimi Alabaster. Balteus. Patronomi. Bronze. Baphium. Pausarii. Bascaudn. Peouarii. R. Whiston. Batillus. Pedisequi. Amphictyons. Baxa. Petaurum. Archon. Birrus. Phaselus. Areiopague. Brace®. Phorbeia. Argei. Bulla. Pila. Arvales Fratres. Calamistrum. Pistor. Atellans FabulsB. Calcar. Plumarii. Banishment (Greek). Calceua. Pluteus. Bceotarch. Caliga. Poculum. Boule. Candy s. Pompa. Calones. Caiiephorua. Populifugia. Caput Extorum. Capistrum. Poristai. Career. Capulus. Portisculus. Carmenttdia. Corchesium. PoTtumnalia. Castra. Cardo. Posca. Cenotaph! urn. Carpentum. Pnecones. Cere alia. Caryatis. Prffitoriani. Charistia. Catapirater. Pi-ffitorium. CoacEor. Cataracta. Primicerius. Conquisitoreg. Cateia. Procurator. Cosmi. Catena. •npOOT(£T77ff TOV SljUOV. Cuneus. Catrinos. PubliUaLex. Cuniculua. Causia. PublilisQ Leges. ' Curiae. Cerevisia. Puteal. Decumie. Ceruchi. Pythioi. Demarchi. Cetra. Quadragesima. Demiurgi. Cheniacua. Quadruplatores. Demus. Cheiridota. Quatuorviri Viarum Curanda- Diaitetai. Chlamys. ■ rum. Dictator. Cilicium. Quinquagesima. Docimasia. Circinus. Quinquatrus. Dos (Greek). Cisium. Quinquennalia. Ecclesia. CoaVeatis. Quinqueviri. Enechyra. - Colum. Quirinalia. Ephetai. Column a. RedemptoE Ephori. Conopeum. Rheda. 'EloaXvs SiKjj. Corytus. Rbyton. Gerousia. Cothurnus. Robigalia. Interest of Money. Crepida. Rostra. Marriage (GteeV' Cucullus. Sagmina. Pelatai. Currus. Sagum. Penestai. DentifriciuD Salii. Perioeci. Delator. Saltatio. Phylarchi. Diadema. Salutatores. PUylobasileis. Discus. Scapha. Vrytaneion. Dolabra. Semproniffi Leges. ScribE. Dorsuariua Servus (Greek). Stipendiarii. Ellychniuir Senrus (Roman, general view). Stipendiura. Emblema. Sibylhni Libri. Strategos. Endromis, Situla. Syssitia. Ephippmm SoTtes. TVagcedia. Esseda. Speculatores. Trierarchia. Expeditni. Speculum. Falx. Stationes Fisc . R. N. VORNJM. Fa«cia. Stationes MurJcipiorum. Coloies. Fax. Stator. • Painting. FemijialiB. INUEX. ?ibala Libra. Pellis. SoGcnu Fictile LimbuB. Pelta. Solea. Fimbria Liuea. Peplum. Spii-a. Flabelluni. Lodii. Pera. Subligaciflo-W Flagrum. Lope. Pero. Syiinx. Focus. -Lorica. Perpendiculum T»da. Pollis. Lupus Ferreus. Pertica. Talari a. Forceps. Macellum. Petorritum. Talus. Porfex. Malleus. Phalanga. Tapes. Porma, Manica. Phalera. Tegula. Fornax. Manaio. Pharetra. Tela. Frenum. Mantele. Pharos. Tessera. Fritilliis. Marsupium. Pilentum. Thronos. Punale. Mazonomus. Pileus. Thyrsus. Fanambulus- Mensa. Plauatrum. Tiara. Funda. Mola. Porta. Tibia. .'^ ruBcina. Monile. Psycter. TintinnabulunL Fusus. Mortarium. ; Puffio. Pulvinar. ToTCulum. Gsesum. Mystax. Toi-mentum. Galea. Nebris. Pyxis. Torques. Gladins. Nix. Raster. Torus. Gubemaculum Nodus. Redimiculum. Tribula. Harmaniaxa. Norma. Regula. Tribulus. Harpago. Nudus. Retis. Triclinium. Hasta. Ocrea. Rudens. Tnpos. Helepolis. CEnophorum. Rmicina. Trochus. Hippoperse. OUa. Rutrum. Tnia. Hydraola. Opsonium. Sagitta. Salins. Trutina. Jauua. Oscillum. Turibulum. Inauris. PaedagOGTua. Salinum. Vannus. Incite^. Pala. Sambuca. Udo. Incimabula Pallium. Sarculum. Vehes Incus. Panoplia. Sceptrum. Velum. lufula. iFar&gauda. Scutum. Venabulum Tnsigne. Paries. Securis. Virga. Instita. Parma. Sericum. Unia. Irpei. Pastophorua. Serra. Zona. Jugum. Patera. Serta. Lanx. Patina, Sica. J. W W. Later. Pecten. Signa Militaria. Libuma. Latemi. Pedica. Siparium. Linter. Latrunculi. Pedum. Sistrum, Mains. lectistemiTiDi. P'egma. INDEX III. Abaculus. Abies. Abiga. Abramif. Abrotouum. Absinthium. Acacalis. Acalethe. Acantha. Acanthias Galeos. Acanthis. Acanthus. Acanthyllis Achalnes. Achates. Acherdus. Achcrols. Achetas. Achilleos. Acipenser. Acone. Aconitum. Acontias. Acurus. Acratophoruu. Acroasis. Acropodium. Acrostichi^ Acte. Adamas. Adarkfis. idianton mnis. ^edon. ^gyptilla. Aeizoon. .^sculus AStites. AiStos. Agallochuit, Agsricon. igasseus. CONTRIBUTIONS BY THK AMERICAN EDITOR. Ageraton. Agnus. Agrimonia. Agriophyllon. AgTostis. Aigeiros. Aigithalos. Aigilops. Aigipyros. Aigothelas. Aigypios. Aigolios. Aithnia. Ailonros. Aimatites. Aimorrhous. Aira. Aix. Alauda. Alee. Alcea. Alcibiadium Alga. Ahsma. Allium. Alnus. A1o«. Alopecias. Alopecis. Alopecurus Alsine. Altercum. Alypon. Alysson. Alphestes. Amavacus. Amaranthua. Amethystus. Amia. Amianthus. Ammi. Ammody tes. * The full nuns of Ibii contributor is uot given in the Eogliah edltian. Ammoniacum. Apios. Ampelitis. Apis. Ampeloprasum. Apium. Amphisbana. Apocynon. Amomum. Aporrhaldes. Amygdalus. Apus. Anagallis. Aquila. Anagyris. Arabica. Anas. Arachne. Anaxuris. Arachidna. Aiichusa. AracuB. Andraphazys. Arbutxun. Andrachne. Arbutus. Androdamas. Arctos. Androsaoes. Ardea. Androsxraon. Argemone. Anemone. Argentum Viruioi, Anethum. ArgiUa. Anguilla. Argitis. Anisum. Argvritis. Anonis. Ana. Anser. Arion. AntacEBUs. Arisarum. Anthemis. Aristolochia. Anthemum. Armeniaca Mala. Anthericus. Armonium. Anthias. Ai-moracia. Anthos. Amabo. Anthrax. Amoglossus AnthriJdon, Aron. Anthrene. Arsenicon. Anthyllis. Asarum. Antipathes. Asbestos n. Antirrhinon. Ascalabotes Aparine. Ascaris. Apate. Ascion. AphacB. Asclepias Apharce. Ascyron Aphia. Asilus. Apiastellum. AspahithuH. Apiaster. Asj)alax Apion. Asparagus T097 INDEX. Aspaodelus. Aapia. Asplenium Assius Lapis Astacus. Aster. Aster Atticus Asteria Astrios. Astur. AfitUTCO. Atherioa. AtractyliB Atfag-en. Atislebus. Avellana N-ur. Augites. Aulopias. &.usterali8. Autacnates. Baccar. Balamai Balanns. Balerus. Ballote. Balsamum. Bambacion. Baptcs. Basoltes. Basanites Lapia Basiliscus. Batis. Batos. Batrachium. Batrachus. BdeUa. Bdellium. Bechion. Belone. Berberi. Berricocca Beryllus. Beta. Bettonica. Bison. Bitumen. Blatta. Bleunus. Ble^on. Boca. Boiti. Bom^iyliuB. Bona^sus. Bos. Boscas. Bos Marinus Bostrychites Brassica. Bratby. Bromos. Brucus. Bryon. Bryonia. Bubalis. Buceras. Buglossa. Bumanima. Bunias. Bunion. Buprestis Butyrum, Buxus. By bins. Cacalia. Cactus. Cadmeia. Caecubum Vinum Caepa. Calamintbe KdXafiog dpiananicOi KdXafios (Ppayiiirrjs Ka'Xa^os ahXvTiKds- KdXaiiOs h vauTds- KdXafiOS b 'IvhKds. Calidria. Callionymuj (JamelopardaliB. CameluB. Cammarus. Caucamon. Canis Cannabis. Cautharis. Cantharu&II , III Caper. Caphiira CspnioB. Capparia Capra. 1098 Caprea. Caprificatio. Caprificus. Capros. Carabus. Curbunculus. Carcharias. Carcinium. Carcinus. Cardamine. Cardamomum. Cardamum. Cardvclis. Carditus. Careum. Cares. Caris. Carota. Carpesiiun. Carpinus. Caryon. Caiyophyllon. Casia. Castanca. Castor. Catananke. Cataractes. Catoblepas. Catochitea. Caucalis. Ceblepyris. Cedrus. Celastrum. Cenchria. Cenchros. Centauren. Centriscus. Centrite. Centromyrrhine. Cephalus. Cephen. Cepphos. Cerachates. Cerastes. Cerasus. Ceratia. Ceraunion. Cercis. Cercopithecus. Cerevisia. Cerintha. Cerussa. Cerylua. CeiTX. Cestrum. Chalbane. Chalcanthus. Chalcis. Chalcitis. Chalcos. Chalcopbonua. Chalcusmaragdus . ChalybB. Chamsacte. Chanifficerasus. Chamsediys, Chamsleon. Chamsemelon. Chamffipitys. Chamelxa. Charadrius. Chelidon. Chelidonium. Chelone. Chenalopex. Chenopodium. Chemites. Chersydrua. Cbia Terra. Chium Marmor. Chium Vinum. Chloreus. ChloriB. Xoipos iroTunios- Chromia. Chrysalis. Chrysanthemum Chryaelectrum. Chryselectrus. Chi-ysites. Chiysitis. Chrysocolla. Chrysocome. Chrysolithus. Chryiomelum. Chrysophi-ys. ChrysopiB. Chrysoprasius Lapis. Cicada. Cici. Cimex Cimolia Terra Cinara. Cinnabar is. Cinnamomum. Ciris. Oirsium. Cis. Cissa. Cisseris. Cis SOS, Cisthus. Citrus. Clematis. Clinopodium. Clupea. Clymenon. Cneorum. Cnicus. Cnips. Cnipologiis. Cocalis. Coccones. Coccum. Coccygea. Coccymelea. Cocc3^. Cochlea. CoVx. Colchicum. Colocasia. Colocyntha. Colocynthis. Colias. Colotes. Coluutea. Coluber. Comaros. Combretum. Come. Concha. Conchylium. Coneion. Conger. Conops. Convolvulus. Conus. Conyza. Coraciaus, - ,. Corallium. ! Corallis. Corax. Corchorus. Cordylus. Coriandrum. Coris. Corone. Coronopus. Corruda. Coiylus. Cossyphus. Costum. Cotinos. Cotoneum Malum. Cottus. Cottyphus. Cotyledon. KovKio(l)6pov SivSpov. Crangon. Crania. CratEGgus. CratsLgonon. Creta. Crex. CrimnuB, Crinanthemum. Crios. Crocodilus. KpoKdStiXos xhaaiQ^. Crocodeilium. Crocus. Crocottas Cromyon. Croton. CrystalluB. Cucumis. Cucarbita. Culex. Cuniculus. Cunila. ClIupresBUs. Curma. Cumea. Cyclaminus. Cycnus. Cydonium Malum. Cynocepbali. Cynoglossum. Cynocrambe. Cjiiomyia. Cynsralstes. Cynorodon. Cynosbatum. CynopB Cyperas. Cyprus. Cytisus. Dacrydion, Dactyli. Bamasooium. Daphne. Daphnoides. Dascillus. Dasypus. Daucus. Delphis. Delphinium. Dendrachates. DendrolibanuB. AevSpvtbia XEpiriv*. Aids a.vQu£, Diospyrus. Diphiyges. Dipsacus. Dipsas. Donax. Dorcas. Dorychnium Draco. Dracontium. JDrepanis. Drome darl us Dry inns. Dryocalaptes. Dryoptens. Drypis. Ebenus. Echenciis. Echinus. Ecbis. Echium. ,£laia. Eiaiagnutt. Elaiomeli. Elaiochrysuft. E laics. Elaioselinon. Elaphoboscus. Elaphus. Elate. Elatine. Electrum. Elefltone. Elelisthacus. Elephas. Elmins. Elops. Empetrum. Enhydrus. Entoma. Epheineron Epimelis. Epiolus. Spipaotis. E pithy men. Equus. Erebinthus. Eretria Terra. Erica. Erinnus. Erinus. '£pio0dpor £hSpe% Erodius. Eruca. Ervum. Eryngium, Erythrodanum. Erythropus. Erythronium Escarus. Eulai. Eupatonum. Faba. Fagus. Far. Faselus. Felis. Fel TerrjE. Ferula. Ferulago. FicuB. Filii. Foanum Gnecum Fragum. Fraxinus. Fungus. Gagates Lapis. Galactites Lapis. Galaxias Lapis [NBEX; Baie. TaXeos kv(dv. TaXebs \uos. Galio^sis. Galium. GaZlus. Genista. Gentiana. Geranium. Geranofi. Geteium. Gephyllis. Geum. Gingidium. Ginnus. Glth. Gladiolus. Glans. Glastum. Glaucium. Glaucus. Glaux. Glechon. Glis. Glottis. Glycyrrhiza. Glycymaris. Glycyside. Gnaphalium. Gnaphalus. Gobius. Gossipion. HEedus. HEcmachates. Hsmadorou. Hsmatites. Halcyon. Halixetus. Halicacabum. Halinus. Hedei-a. Hedyosmus. Hedysanini. Helenium. Heliotropium. Heleborus. Hsleborine. Helmins. Helxine. H4Inen^ Eemerocallis. Eepatis. 'HpaxXtla Xifioff Henaodactylus. Herpyllus. Hesperia. Hieracion. Hierax. Hierobotome. Himantopus. Hipparchus. Hippelapkus. Hippocampus. ^ Hippolapathum. Hippomanes. nippomaTathruK HippophaJs. Hippophastum. Hippopotamus. Hipposelinon. Hippouris. ?ippurus. Hirundo. Hyacinthus. Hyaloeidei). Bydraj^ruo. "TXvt^d Ti. Hyoscyamus. Hypericum. Hypoglosarm. Hypolols. Hyssopuo. H;^trix. lasione. laspachates. laspis. Ibis. IdmeumoD.. Indicum. Inguinalii. Intubucn Inula. Ion. Ionia. fphyop Iiw. Isalis. Isopyron. Juncua. Junlperua. Ju&quianua, lynx. Labrax. Labrusca. Lactuca. Ladanum. Lagopus. Lagopyrui. Lagos. AaySis ^aXdrne^ Lamia. Lampsane. Lapathum. Larus. Lataz. Latos. Laver. Legumen. Leimonium Leiobatos. Lemna. Lemnia Terra. Leo. Leontopetron. Leontopodium. Leopardua. Lepas. Lepidium. Lepis. Leucacantha. Leucas. Leuce. Leucoion. Libanotis. Libanotus. Lichen. Ligusticum. Ligustrum. Liljum. Linospartum. Linospermum. Linum. Linura Vivum. LipariBUS Lapis. Lithargyrus. Litliospermum. Lolium. Lonchitis. Lycapsua, Lychnis. Lychnites. Lycium. Lycopsis. Lydius Lapis. Lyra. LysimachiuEo . Macer. Magnes. Magnesius Lapis. Magudaris. IMaia. Mainis. Malabathrum. Malacha. Malacia. MalaeocranGu.^ Malinothalle. Maltha. Maloa. Malum. Mandragoras. Ma.ntichora. Mantis. Marathmm. Margarita. Marmor. Marrubium. Mastiche. Medica. Medica Mala. Medion. Melampyron. Melancranis. Melanion. Melanteria. Melanthion. Melanurus. Melea. Meleagris. Melia. Melia Terra. Melilotus Melimela. Meline. Melis. Melissa. Melissophylloa Melolonthe. Melopepon. Memaiculoy Menanthus. Merops. Mespile. Meum. Milax. Miles. Miltos. Minium. Minthos. Misy. Molybdsena. Molybdos. Morea. Mormyrus. M6pox0os At'ffoj Moschus. Murjena. Mus. Musmon. Mastela. , Myagrum. Myax. Mylise. Myopa. Myosotis. Myrica. Myrmei. Myrus. Mysticetus. Myxon. Myzon. Napy. Narcissus. Nardus. Narce. NarEhex. Nautilus. Nebrii is. Nepeuthes. Nerion. Nerites. Nitrum. Noumenius. Nycteris. Nycticorax. Nymphjea. Ochne. Ochra. Ochrus. Ocimoeides. Ocimum. oe. (Euan the. CEnas. CEnothera. CEstrus. Oliva. Ololygon. Olostion. Olyra. Omphex. Onitis. Onobiychis. Onos. Onosma. Onyx. Opalus. "Odtff'S-aXrfrrtos Ophites . Opobalsamum. "Onos M^5iKa;. Opsianos. Orchilus. Orchis. Oreichalcum. Oreoselinum. Origanus. Orobanche. Orobos. Orospiros. Ortygometra. Ortyx. Oryx. Oryza. Ostracoderma. Ostreura. Ostrites. Ostryx. Otis. Ovis. Padui. Pasderos. Pffionia, Pan i cum. Panthera. Papavor. Papilo. PapyiTis. Pardalis, I., U Pardalos. Pardion. Pare i as. Parium Marmor Pamops. Paronychia. Parra. Farthenion Passer. Pavo. Pausia. Peganon. Pelamys. Pelargus. Pelecau. PelecinUB. Peleias. Pelorias. Pcuelops. Penia. Pentaphyllon. Pentelicum Man>s Peperi. Peplis. Perca. Percnopterua Percnus Perdicion. Perdix. Periclymenon, Peristcra Peristereon. Persaja. Persica Mala. Phagrus. Phacos. Phalsena. Phalangion. Phaselus. Phasganon, Phasianos Phasiolus. Phassa. Phellus. Phillyrea. Philyra. Phleos. Phlomos. Pjilox. Phoca. Phoccena. Ph(Enicoptenj» Phffinicurus. Phcenix. Phou. Phoxinus. Phrygius Lap t Phrynos. Phtheir. Phycis. Phycus. Phyllitis. Physalus. Picus. Pilos. Pinna. Pinnophylax Pinus. Piper. PissasphaUes Pistacia. Pithecus. Pityocamjw Pitys. Platanus. Plocimos. Plumbago, Plumbum. Pnigitis. PoC. PoecJhs. Pajcilus. Prasites Lapi^ Prasium PrasocuriH Prason Prester Prinos. Prist Ja Froumnoa. Prunum. Pninus. Psar. Psen. Psetta. *£u5^f ^pidpayios- Fseudobounium. 1099 INDEX. Paeudodictamnur: Psimmythion. Psittacus. Psylla. Psyllion, Psylon. PtaTmice. Ptelea. Fteris. l^ernix. Pycnocomm. Pygargus. Pygmseus. Pygolampis. Pyre thrum. Pyrilampis. Pyromachus Lapis. Pyrrhulas. Pyrus, I,, II. Pyxus. Baia. Kana. Ranunculus, Haphanus. Rha. Rhamnus. Rhaphanis. Rhaphanos. Rhine. Rhinoceros. Pi.hodon. Rhtfia. Rhombus. Rhus. Rhyta. Jlhytros. Robur. Rosa. Rnsmarinits. Rubeta. Rubrica. Saccharnm. Sa^apenum. Salamandra. S&l Ammoniacam. Salpe. Salpinx, I., II. Samia Terra. Samius Lapis. Sampsychon. Sandaracha. Sandix. Santalon. Sapphirus. Sarda. Sardonyx. Satyrion, I., II. Saurus, L, II. Saxifiigurt. Scamm'snia. Scandix Scarus. ^phendamnos. Scepanos. Sphex. Scepinos. Sphyrsua. Schinos. Spina. Schistus Lapis, Spiza. Schreniclus. Spodias. Schcenus. Spondyle. Sciana. Spondylua SciUa. Spongia. Sciurui Stacte. Scolopax Stanuum. Scolopendra. Stibium. Scolopendrion- Stimmi. Scolopia. StiBbe. Scolymus. Stoecbas. Scombros. Stomama. Scops. Stratiotea. Scordium. Stnx. Scorodon. Strombus. Scorodoprason. Stronthion. Scorpio, II., III., IV Strontbos. ScoiT)io6ides. Srpoudd; /leyrfXi; Scylinm. Strychnua. Scytale, II. Stypteria. Selinon. Slyrax. Serpens. Suber. Serpyllura. Succinum. Ses. Sycalia. Sesamum. Sycaminos. Seseli. Syoe. Sicys. Sycomoros. Side. Syenites Lapis. Siderites Lapis. Sulphur. Sideroa. Symphyton. SigiUata. Sus. Sil. Tabanus. Siler. T^nia. Silex. Talpa. Silphium. Tanas. Silurus. Taos. , Simla. Tarandus. Sinapi. Taurus. Sinopica Terra. Taius. Sion. Telephion. Sirius. Telis. Sisarum. Tentliredo. S i symbri um . Terebiuthus. Sisyrinchion. Teredo. Sitta. Testudo, II. Smaragdus. Tetrix. Smaris. Tettigometra. Smilax. Tettix. Smiris. Teuthis. Smyrna. Teuthos. Solea, 11. Teutlos. Solen. Tbalassocrambe. Sorbum. Thaliotron. Sorex. Thapsia. Sparganion. Thebajcus Lapio Spartum. Theion. Sphacclos. Thelycraneia. .Thelypteris. ThelypbonoB ThelmoB. Thoa. Thraupis. ThraupaliM Thridax. Thridacine- iThrissa. Thus. Thya. Tliyites Lapii Thymallua Thymbra. Thymelsea. Thjonus. Thynnus. Tigris. TdcTOi yiOoi. TiUa. Tiphe. Tithymaltus. TopazQS. Tordylion. Tragacantha Tragi on. Tragopogon. Tragorigauon Tragos, I., IF. Tribulus, I., 11 Trigla. Tripolion. Triticum. Trochilus. Troglodytes. Tiygon, I., II. Tymphaica Tern Typhe. Vaccinium. Vicia. Viola. Viscum Vitis. Ulmus. TJlva. Uranoscopus Urns. Vulpes. Xanthe Xanthion. Xanthobalan" Xiphias Xiphion Xyris. Zeia, Zingiberia Zooph3rta. Zygasna. Zygia. ZythOB. INDEX IV. INDEX EAI SONNE. I. PRIVATE LIFE. Mola. MazonomuB Bracae. I. AMUSEMENTS. Mortarium. Tela. Nix. Opsonium. BuUa. Calamistn Abacus, VII. Pantomimus. Calantica. Actoama. 3. ENTERTAINMENTS, FOOD Parasiti. Calceua. Alea. &C. Faropais. ; Campeatre Calculi. Aiclon. PoKcia. Candys. Fritillus. Alica. Rhyton. Caracalla. Latrunculi. Alima. Serta. Catena. Par Impar Ludere. Ambrosia. Sympoaium. Causia. Annans. Unguenta. Cestus, II 2. DOMESTIC ECONOMY. Apoph.oreta. CheirodotB Acapna Ltgna. Aretalogi. 4. DRESS, ORNAMENTS, &C Chlamys. *flapnou Mel. Balatro. Abolla. Cilicium. Alrnmentum. Botulus (SiWds). Acus. ClavUB Latu. Bnphium. Calida. Albus Galerus. Clavus Angustw. Candela. Caupona. ( Amentum. Coa Vestis Cochlea, IL Cerevisia. AmictuB. Coma. Cnlina. Dftmonaum. Chrysendeta. Cffina. Ampyx. Apex. Cothurnus. Ellychnium. Commissatio. Armilla. Crepida. Fai. Corona Convivialis. Babylonicura. CJrocota. Forma. Cortina, II. Baculua. C'ucullus. Foiuale Crater. Barba. C'udo. Fusus. Deipnon. Baxa. Cyclas. Jugum, T, Lanx. Birrus, Dactyl iotheca noo INDEX RAISONNE. iJeutlQ-ciiua. Diadema. Diphthera. Embas. Endromi^ EphestriA Exomis. Fascia. , Feminolia Fibula. Fimbria. Flabellum Focale. Gausapa. Inauiis Infala, 3nsti*%. Lacema Lacinin Lssna. Lemniscus Limbus Lopo. Manica. Marsupium. Monile. Mustax. Nebria. Nodus. Nudus. Orarium. Fsnnla. Fallium. Paragauda Pecten. Pedica PelUa. Peplum. Pera. Pei'isceli* Pera Pileus. Redimicolum Ricinium. Rings Sandalium. ' Sccptrum. Sericum. Scrta, Soccus. Sole a. Stola. Stropliium. Sublig'oculum. Synthesis. Talaria. Tiara. Toga. Torques. Tunica. Tutulus. Udo. Velum. Vitta, I. Umbraculum. Zona. 5. FUUNITUEE, &c Abacus, VIII. Accubita. Arcera. Candelabrum. Capaa. Cathedra. Cbeiromaxtum Conopeum. Coptunus. Corbis. Fercnlum. Incitega. fncuuabula. Latema. I ectica. l.uctus. U'dix. Lucemiu Mwi'j^ \ Mensa. Mnrrhiua Vasa Paycter. Pulvinar. Pyxis. Saliniiai . Scamiam- Sella. Speculum Tapes Thrnwis Tintinnabulum. Torus. Tripos. Velum. 6. VTENSILSt TOOLS, (bc. Acetabulum. 'A/i^tKiiTre^Aov Uita^. Amphora. Ampulla. Ansa. Ardalion. Ascia. Asilla. Aurum. Authepsa. Bascauda. , Batillus. Bicos. Bombylius. Cadus. Calathus. Canthanis. Carchesium. Chytra. Cochlear. Colnm. ' Cortina, I. Culix. Culter. Diota. Dolabra. Falx. Fictile. Follis. Forceps. Forfex. Incus. Latema. Ligo. Lima. Linea. Malleus. (Enophorum. OUa. Pala. Patera. Patina. Perpendiculum Poculura Psycter. Pyxis. Raster. Regula. Rete. Rhyton. Runcina. Salinum. Sartago. Secuiis. Serra. Situla. Trua. Trutina. 7. WRITING, WRITING MATE- RIALS, '|^i$< 'A^oy/ou ypa(t>:^. ^ Aix6\0Eiag Ypa^. 'Aorpartias Ypa.ii. A.telcia. Atimia. kbrofiokias Ypaij Heres tGreek). *ETaip^a£(as Ypa-pT}- 'ItpoaovXias YP^^'I . Horoi. 'Yfipews Y9^^'ni *XiroSoXr}s ypa^ij. Infamia (Greek). AanovavTiov Y9°''^^i AenroaTpariov Ypaipfi Libertus (Greek). Martyria. McaQov SiKt}. NopLiaimros SiaipOopas ypapfi Nomos. Ncmothetes. O&th (Greek) OUias SlKrj' Parabolon. P»acatabole. Paracatathece. Paragraphe. Uapavoias Y9^^^ Uapavdfiov YPt^Pi- Parapresbeia. parastasis. Pareisgraphe. ^apuoKtov ypa0^- Fhaais. Phonos. *cpaff a^avovSi iie9ijii£ptv>]S SlKIJ. ^dopd Tiav iXevdiptav. npoayuystas ypa0^- Probole. Prodosia. UpoEia^opas cIkt}. IxpoaTdnji roij d/jpiov Prothesmia. Psephos. 'i^cvosyvpatpris YP^^^^- ^evSoKATjTeias ypa^/j. 'PrjToptK^ ypa0^' 'Zfcvpia SiKij. Seisachtheia. Servus (Greek). Sitos. Si'rou SiKTj. Sulai. Sycophantes. Sjonboleion. ^vfi66X(av ditd SUai. Syndicus. Syuegoros. Syngraphe. Timema. TpavpiaTOs Ik irpovoias Ypi^^^h Trierarchia. Triobolou. Xenelasia. "Eevias YPf^'Pv- VII. TRADE. MARKETS, MjLRKET-PLACES, &c. Agora. Emporlon. Forum. Macellum. Niindinx. VUL CLASSES OF CITI- ZENS. ^rarii. ^ruscatores Agele. AJimcntaru Fa«ri et PueUs. Apagoloi. Argentarii Athlets. Bibliopola. Cleruchi. Cterites. Calculator Celeres. Census. Cliens. Collegium. Colonia. Curise. Dediticii. Demus. Eiren. Emphrouroi. Epeunactai. Ephebua. Equite^. Eupatridx. Fabrz. Familia. Fullo. Gens. Geomoroi. Gerousia. Libertinus. Libertus. Mensarii. Metoikoi. Naucraria. Novi Homines. Optimates. Ordo. Partheniai, Patricii. Patrimi et Matrimi. Pelatai. Penestai. Periceci. Pistor. Plebes. Plnmarii. ^edemptor fabellio. Tabularii Thetes. Tribus IX. WARFARE. 1 MILITARY AFFAIRS. a. Division of Troops, Officers, &c Accensi, II. ^neatorea, Agathoergoi. Agema. Alarii. Anteccssores. Antesignani. Argyraspides. Army ((xreek). Army (Roman), Campidoctores. CataloguB. Cataphractai, I. Centurio. Conquisi tores. Contubemales. Cuneus. Damosia. Dimache. Duplicarii. Emeriti. Eparitoi. EvDcati. Excubi tores. Expeditus. Extraordinarii. Pabri. Libratores, II. Manipulus. Mensores, ![., Ill, Prafectus Castrorum. Prififectus Pi-ffitorio, Prjefectus Vigilum. Prietoriani, Rorarii. Speculatorea Sti-ategos, Tagos. Taxiarchi. Teichopoios. Telones. Tiro. Triarii. Tribuni Militum. Turris, VI, Velati. Volones. Xenicon. b. Discipline, Marches, En- campments, &c. ' Agger. Agmen. Carrago. Castra. Cataracta. Catena. Commeatns. Crates, Cuneus. Decimatio. Descitor. Fustuarium. Missio. Musculus. Oath (Roman). Pagi. Palus. Pluteus. Ponto. Pnetorium. Scal^e. Stylus, If. Tessera. Testudo. Tintjnnabuluin. Tribulus. Tribunal. Tumultus. Turns, I., II., IIL Vallum. Vinea. c. Dress, Badges, Rewarda- Aurum Coronarium. Caduceua, Calcar. CaUga. Capulus. Chlamys. Corona, I. Hasta Fura. Insig^e, II. Ovatio Paludamenium Phalera. Sagum, Signa Milttaria. Spoil a. Stipendium. Torques. Triumphua TropiBum. Virga. d. Armour, Offtnsivt tiui IX fensive. Acinaces. Aclis. ,^gis, Anaboleus. Antyx. Arcus. Aries. Arraa. Balteus. Cateia, Cetra. Clipeus. Contus, II, Corytus. Ericius. Funda. Gssum. Galea. Gladius. Hasta. Helepolis. Lorica . Lupus FerreuoL Ocrea. Panoplia. Parma. Pelta. Pharetra Pugio. Sagitta. Securis. Scutum Testudo Tormentum. 2. NAVAL ArpMtf* Acation. Acrostolion. Acroterium, II 'Afi^iwpvfivoL vj/cff. Anchora. Antenna. Aphi-actus. Aplustre. Eire mis. Camara, II. Carchesium. Cataphractai, II. Catapi rater. Ceruchi. Choeniscus. Clavus Gubomam* Cochlea, II. Contus, 1. CorbitiE. Corvus. Cymba. Delphis. Epibatai. Epistoleus. Gubemaculum Harpago. Insigne, V. Jugum, V. Libuma. Linter. Malus. Navalia. Navarchus. Phalanga. Phascelus. Portisculua. Praefectus Classio, Rostra. Rudens. Scapha. Ships. Trierarchia. TuiTia, IV. X. ARTS AND SCIEKCEg 1. ARCHITECTURE. a. General Head. Abaculus. 1103 INDEX RAISONNE. Acroterium, L AntEB. Antefixa. Antepagmen.'?, Arcus. Astragalus. Atlantes. Atti curves. Camara, I. Caiyatis. Entasis Epistyliura Fascia. Fasti gi urn. Later. Spira. Teatudo, II. Tholos. Tympan-am, V. 6. Public BuildingSf Places, &c. Abacus, IX. Amphitheacium. Aquxductus. Arcus Triumphalis. Aigyrocopeion. Athenaeum. Auditorium. Basilica. Baths. Bibliotheca. Bridge. Campus Martius. Campus Sceleratus. Capitolium. Career. Castellum Aqux. Chalcidicum. Circus. Cloaca Cochlea, III. Cortina, IV. Crypta. Curiffi. Exostra. Forum. Gymnasium. Labyriiithus. Later. Lautumis. Moneta. Museum. ObeliscuB. ParadisuB. Pharos. Pomcerium. Porta. Porticus. Prytaneion. Sacellum. Sacrarium. Sipariuin. Staticnes Munioipiorum. Suggestus. Tabuiarium. Tegula. Tempi urn. Theatrura- Tribunal. Voluni. V'icus. c. Private Buildings, Shops, &c. Apothvca. Armaiium. .Vcrfrn. Uiblicttieca. Cai4i> Celt*, 1104 Clavis. Ligula. Conm. Clavus. Maris. Crotalnm. Columbarium. Medimnua. Cymbalura. Hydraula. Crypta. Metretes. Cubiculmn. Milliare. Jugum, III Emblema. Modius. Lituus, II. Focus. Mystrum. Ljra. Fornix. Parasang. Music (Greek). Fornix. Passus. Music (Roman). House (Greek). Pertica. Pecten. House (RomauJ. Pes. Phorbeia. Janua. Schmnus. Sambuca. [nsigne, IV. Scrupulum. Sistnun. Lararium. Sextariud. Syrinx. Later. Stadium. Testudi, I Paries. Uncia. Tibia. Pergula. Uma. Tuba. Pinncotheca Xestes Tympanum, I. Sacrarium. Scalffl. 6 MEDICINE AND MEDICAL I" PAIKTINa Tabema. AFFAIRS. Col ores. Tegula. Arquatus. Painting. Triclinium. Arteria. Velum. Cheirurgia. 11. STATUARY AND THE PA , Villa. Diajtetica. TIC ART. Vitrum. Dogmatic! Acrolithoi. 2. CANALS, KOADS, &C. Eciectici. , Empiric!. Acroterium, HI. CanaboB. Aquaeductus Episynthetici. Colossus. Canalis. Hectici. Sculptura. Emissarium. Mansio. latrolipta. latroliptice. Statuaiy. ViEB. latrosophista. XL MANNERS AND CU8 3. COMPUTATION AND DIVIS- Medicina. TOMS ION &F TIME. Medicus. Methodici. Acclamatio. iCra. Annales. . ^Aiiopdoes hfi^pcu. Pathologia. Pharmaceutida Physiologia. 'Pnr>iinintini Acta Diurna. Adveraaria. Album. Chelidonia. Calendar (Greek). Scmeiotica. Corona Nuptialis. Calendar (Roman). Claviu Annalia. Therapeutica. Theriaca. Corona Natalitia. Corona Longa. Dies. Corona Etrusca. Fasti. 7. METALS. Corona Pactilis Hora. Horologium, Adamas. JEs, I. Argentum. Aurum. jQronze. Congiarium. Cottabos. Lustrum. Mensis. Crypt ei a. Hetsrse. Nundin». Hospitium. Ol3rmpiad. SEBCulum. Hydrargyrus. Plumbum. Leitourgia. Loutron. 4. MATHEMATICS AND MATH- Stannum. Marriage (Greek). EMATICAL INSTRUMENTS. Marriage (Roman) Abacus, v., VI. Calculi. Circinus. 8. MONEY. JErarium. Mustax. Nomen (Greek). ^s, 11. Nomen (Roman). JEs Circumforaneum. Nudus. 5. MEASUEES AMD WEIGHTS ^s Equestre. Oath (Greek). Acaina. JEs Hordearium. Oath (Roman). Achane. Ms Manuarium. Opsonium. Actus. As. Oscillum. Addix. Aurum (Greek). PiEdagogus. Amma. Aurum (Roman). Paras It' Amphora. Bigatus. Peregrm'is. Artaba. Danuce. Phalanya. Arura. Daricus. Proscriptio. As. Denarius. Prytaneion. Saltatio. Chema. Dracnma. Choinix. Interest of Money. Salutatores. Chous. Litra. Satura. Concha. Moneta. Sportulffi. Congiarium, Sestertius. Strena. Cotyla. Sextula. Sumtuariai Legw Cubitus. Stater. Symposium. Cubus. Talentum. Syncecia. Culeus. Uncia. Syssitia. Cyathus. Decempeda 9. MUSIC AND MUSICAL iM- Tasda. Trierarchifc Jugerum. STRUMEMTS. Triobolon. Jugum, IV AulOB. Viaticum. Libra, Barbitoa. UnguentOi Libr» (Aa). Baocinft. UtlK. GENERAL INDEX. The lameTali indicate he pages, the letters a and h tbe first and second columns respectively, and the asleM^kll, the additiuu of the American editor. A.baculus, p. 9, col. n. Abacus, 9, a. Abactio Pirtus, 47, a. Abalienatio, 612, a. Abamita, 277, b. Abavia, 277. b. Abaviinculus, 277, b Lbavus, 277, b. "Abies, 10, b. *Abiga,.10, b. Ablecti, 427, b. Ablegmina, 10, b ; 646, a Abmatertera, 277, b Abnepos, 277, b. Abneptis, 277, b. Abolla, U, a. Abortus Procuratio, 47, a. Abpatruus, 277, ,b. ♦Abramis, 11, a. Abrograre Leg-em, 580, a. *Abrotonum, 11, b. Absentia, 835, b. Abbsinthium, 11, b. Absolutio, 551, a. AbstJnendi Beneficium, 496, a. .i.bnsus, 575, a ; 1069, a, b. ''Acacia, 1 1 , b. *Araiva, 11, b. *Acalfthe, U, b, *Acantha, 11, b. ^Ataitthias Galeos, II, b. ''Aoauthis, 12, a. Acanthus, 12, a. ^Acanthyllis, 12, a. \(;apiia Ligiia, 12, a Akuhov, 12, a. 'Kkutosi 12. a. A.ccensi, 12, b. Acceptilatio, 12, b, Accessio, 12, b. A.calamatio, 13, a. ^.ccubita, 13, a. iVccubitalia, 13, a. jlccubitoria, 940, a. &.ccusatio, 320, b ; 552, a. iLccnsator, 20, a ; 552, a. fLceiTa, 13, a. A.cetabulum, 13, b ; 689, b. Acetum, 14, a ; 1053, b. *Achaines, 14, a. 'AxiivJ/, 14, a. *At,Aates, 14, a. ♦Acherdus, 14, b. ^Acherols, 14, b. *Achetas, 14, b. ^Achilleos, 14, b. ■A%iruiv. 1024, a. Acies, 488, b. . Icilia Lex, 834, a. Acilia Calpumia Lex, 46, b. A.cinaces, 14, b. ^Acipenser, 15, a. Acisculas, 112, b. Iclls, 15, b. 'KKiiinv, 534, a. Icna, Acnua, 15, b. AxctiKiy, 488, b. A.Koi}V iiaprvpciVi 15, b. •Akwv, 489, b. •Acone, 15, b. ♦Aconitum, 15, b ^Acontias, 15, b. *Ak6vtiov, 489, b. *Acorus, 15, b. Acquisitio, 15, b. Acquisitiones Civiles, 375, a. Acquisitiones Naturales, 375,a. 'A.Kpdri(Tiia, 274, a ; 343, a. 'Akparicttdg, 274, a ; 343, a. *AcrntDpnoi ura, 15, b. Acroama, 16, a. •Acroasis, 16, c. 'AKpeufpaia, 6% a. AKPdXtOut.lfi.^: »16,b 7 A *AKpo(l>^tTiovt 449, a. *Acropodium, 16, a. Acropolis, 1027, a. *Acrostichis, 16, a. 'AJcpoffrtfAtov, 16, a. 'AKpouTdntov, 449, a. Acroterium, J6, a ; 842, a. ^AKpodivioVj 16, b. Acta Diuma,'16, b. Acta Senatus, 16, b. *Acte, 16, b. "AKTia^ 16, b. Actio, 16, b. " Albi Corrupti, 42, a. " Aquae PluvisB Arcenda, 76, a. " Arbitraria, 17, b. " Bona: Fidei, 17, b. " Bonorum Vi Raptorum, 164, b ; 464, a. " Certi, Incerti, 234, a. " ■ Civilis, 17, b. Commodati, 298, b. Communi Bividundo, 898, b. " Confessoria, 302, b. " Danmi Injuria Pati, 337, a. ■ " Dejecti Effusive, 342, a ; 1049, b. *' Depensi, 542, a. '* Depositi, 350, a. " Direcla, 17, b. " De Dolo Malo. 326, a. " Emti et Venditi, 403, a. " Exercitoria, 4S5, a. " Ad Exhibendum, 425, a. " Extraordinaria, 17, b. " FamiliEB Erciscunds, 430, b. •' Fictitia, 17, b. " Fiduciaria, 443, a. *' Finium Regundorum, 444, a. " Furti, 463, b. " Honoraria, 17, b. " Hypothecaria, 776, b. " Inanis, 17, b. " Injuriarum, 539, b ; 104P,.b. " Instit<.ria, 540, b. " Institutoria, 542, a. " Inutilis, 17, b. " Judicati, 554, a. " Quod Jussu, 562, b. " Legis Aquiliae, 337, a. " Lucati et Conduct, 595, a. " Mandati, 612, b. " Mixta, 17, b. " Mutui, 651', a. " Negativa, 30?, b. » Negatoria. 302, b. " Negotiorum Gestorum, 655, a. ' " Noxalis, 666, b. '* Ordinaria, 17, b. " De Pauperie, 748, a. " De Peculio, 88^, a. " Perpetua, 18, a. " Persecutoria, 17, b. " Pignoraticia, 776, b. " Prenalis, 17, b. " Popularis, 1050, a. " Prsejudicialis, 804, a. " PriBtoria, 17, 'j. " Prosecutoria, 17, b. " Fubliciana in Rem, 822, b. " Quanti Minoris, 829, b. " Rationibus Distrahen- dis, 1030, a. " De Recepto, 832, a. " RedLibitoria. 832, b. *< Rei Uxori<£ or Dotis, 380, Actio Rescissoria, 542, a. " Restitutoria, 542, a. " Rutiliana, 842, b. " Sepulchri Violali, 462, a; 1049, b. " Serviana, 776, b. " Pro Socio, 902, b. " Stricti Juris, 17, b " Temporalis, 18, a. " Tributoria, 884, a. " Tuteltc, 1030, a. " Verso in R§m, 884, a. " Utilis,l7,b. " Vulgaris, 17, b. Actor, 20, a. Actors, 505, b. Actuarial Naves, 891, a. Actuarii, 20, b. Actus, 20, b; I04I,b. " Quadratus, 20, b. " Swvitus, 879, a. Acus, 20, b. Adamas, 1059, b. *Adamas, 21, a. *Adarkes, 21, b. Adcrescendi Jure, 499, b Addico, 559, b. Addicti, 656, b. Addictio, 559, b. 'A6SiX,''AS5ilis,2l,h. "Aicia, 21, b. *AdeX0idouf , 495, a, 'A^a^ds, 495, a. Ademptio, 575, a. Adfincs, 30, b. Adfinitas, 30, b. Adgnatt, 277, a. Adgnatio, 277, a. *Adianton, 21, b. ^ASiKtas TTpds Tdv &rjfJiO* vpa " Uxorium, 1070, a. *.£sculus, 30, a. .^stivBB FerisB, 437, a. t .^Esymnetes, 41, a. *Aetites, 30, b. *Afitos, 30, b. 'Aerrfs, 433, b. 'A/r(i)//a, 433, b. "Aexoon, 27, b. AfUnes, 30, b. Afliaitas, 30, b. "AyaAyifl, 914, a ; 916, »r *Agalochon, 31, a. 'Aya/iiov ypa6ij, 618, % "^Agaracon, 31, a, Agaso, 31, a. ♦Agasaeus, 31, a. ^AyaBoEpyoii 31, a. 'AyeAdffTOf, 31, a. 'AycAan;?, 31, a. 'AyfAi?, 31, a. Agema, 31, a. ^Aytwpyiov St'KTjj 31, b. Ager, 35, a ; 798, b. *' Arcifinalis, 39, a. " Arcifinius, 39, a. " Assignatus, 35, b. " Concessus, 35, 'b. " Decumanus, 36, a " Effatus, 789, b. " Emphyteusis, 38, a. " EmphyteuticariuB, 36; ^ . 401.,.a. " Limitatus, 35, b ; 33, fc " Occupatorius, 35, b " Privatus, 34, h " Publicus, 34 ; 798, h. " Qusesturius, 35, b. " Religioaus, 34, b. " Sacer, 34, b. " Sanctus, 31, b. " Scripturarius, 859, b. " Vectigalis, 38, a , <01 &. *Agero*on, 31, b. 'Ayi^n.tf, 216, b. 'Ayijrifpia, 216, b. Agger, 31, b. Agitator, 256, a. 'AyAafo, 246, b. Agmeh, 32, a. " Pilatum, 32, a. " QuadTatum,33 a Agnati, 2T7, a ; 499, a Agnatic, 277. a. i Agnomen, 661, a. *Agnus, 32, a. Agonales, 850, a.' Agonalia, 32, b. 1105 GENERAL INDEX. Agonia, 2)3^ a Agonenaes, 8^0, a. Jkgomum. 32, b Ayuvu^af, 33, a. Kyijvt^t 358, a. " drf/iJ7roi,32,b;982,a. " Timroi,Z%'h\ 982, a. A/wvtorai. 119, a. Ayuvod/xai} 33, a. Ayii) fodirai, 33, a. Ayoptf, 33, a. Ayopu irA^douira, 33, i ; 361 , b. Agoranomi, 33, b. Agrania, 33, b. ■*Aypa0/ou ypa0^, 33, b. ''Aypa^oi vdfiot, 663, a. ' *A/pi£0ou /terdXAou 7'pa0$, 33, b. Agrariae Leges, 33, b. Agraulia, 38, a. 'Aypiratj 38, a. Agriania, 38, a. Agrimensores, 38, a. *Agrimonia, 39, a. 'Aypitiivto, 39, a. *Agriophyllou. 39, a. Agronomic 39, a. *AgT05tis, 39, a. 'AypoTepas Buirta, 39, b. 'Aypipjri//s, 39, b. 'Ayup^df, 395, b. 'AyvpTai, 39, b, Alienatores, 28, a. Alukcia, 39, b. AldvTCta, 39, b. A.lxfi^, 488, b. AlxMotpSpot, 488, b. AUias 6iKijt 40, a. 'AjkAov, AJkAov, 40, b. *AigBiros, 39, b. AlyiKopEiSy 1003, a. ^Aigilops, 40, a. AtyivrjT&v iopr/jj 40, b. AlyioxoS} 26, a. ♦Aigipyroa, 40, a. Alyis, 26, a. ^'Aigithalos, 40, a. *Aigothelas, 40, a. Aigolios, 40, a. Aigypios, 40, a. 'Ailouros, 40, b. ^Airaatitcs, 40, b. *A//io/J^ovs, 41, a. Alviyiiara, 940, a, *Aira, 41, a. Alaviiv^njs, 41, a ; 33, a. Al<^pa or '£(i;pa, 41, a. *Aithuia, 40, b. *Aix, 40, b. Ala, 42, a. Alabaster, 41, b. Alabastra, 41, b. Alabastri, 41, b. Alabastrites, 41, b. ^AXaluj 42, a. Alarii, 42, a. *Alauda, 42, a. Albarium Opvo, 736, a. Albogalerus, 42, a. Album, 42, a. " Decurionum^ 42, a " Judicum, 553, b, " Senatorum, 42, a. Albua Gal^rus, 42, a. ^AXKaOoia, 42, a. *Alce,42, a. *Alcca, 4S, a. *Alcibiadium, 42, a. Alea, 42, b. Aleator, 42, b. ^Alectur, 43, a. Alen, 42, b. ^AXeKTpvoiiavreta, 43, a. ^AXeKTpvovofiavi'h 43, a ^AXcKTpv6vt6pC[nat 51, a. Amphimalla, 951, b. ^ApKptopKta, 51, b. 'Aju^i^ui/rcf, 643, a. ^A[t^lTaspidcs, 92, a. "* *Aria, 92, a. 'Aptfiivcta, 92, a. Aries, 92, b. *Arion, 93, a. *Arisaruin, 93, a. *Aristolochia, 93, a. •Amtrrov, 342, b ; 343, b. Arma, Armatiira, 93, b. Armarium, 95, b. Irmamentarium, 95, b. ArmeniaRum Malum, 05, b *Armenium, 95, b. Armidoctores, 95, b. Armilla, 95, b. Armilustrium, 97, a. =*Armoracia, 97, a. Armour, 93, a. Arms, 93, b. Army (Greek), 97, a. Army (Roman), 102. *ArDabo, 107, a. *Arnoglossos, 107, a. Aromatites, 1054, a. *Aron, 107, a. "AooTpov, 79, b. "Apoupa, 109, a ; 763, b. Axquatus, 107, a. Arquites, 848, a. Arra, Arrabo, or Arrha, Arrha- ^ bo, 107, b. ^A/iJitj^dpia, 107, a. ^Ap^r} *Attagen, 123,b. *Attelebus, 123, b 'At9iV, I23,-b Atticurges, 124, a. Auctio, 124, a. Auction (sale), 124, a. Auctor, 124, b. Auctores Fieri, 124, b. Auctoramentum, 157, a , 475j.b. Auctorati, 475, b. Auctoritas, 125, a ; 871, a. Auditorium, 125, b ; 817, b. *Avellana Nux, 125, b. Aufldia Lex, 46, b. < *Augites, 125, b. Augur, 125, bfc Auguraculum, 130, b ; 957, b. Augurale, 130, b. Auguratoriuni, 130, b. Augurium, 369, b. Augustales Ludi, 127, a, Augustales (priests), 127, b. Auguslalia, 127, a. Augustus, 196, b Avia, 277, b. Aula, 677, b. Aulsum, 898, b. AvXata, 1036, a. AiA)?, 122, b; 514, b. AiiXeios &vpa, 514, b. AiXrjTpihs, 982, a. AhX Bdffavosy 139, b. . BacKavta, 431, b. Bascauds, 140, a. Basket, 140, a. BaaiXsia, 140, a. BoffiAeuff, 83, b ; 140, a. Basilica (building), 140, b. Basilica (legal work), 149, b *Basiliscu8, 142, b. BaciXtaaai 83, b ; 365, s Basterna, 142, b. Bar^p, 909, b. Baths, 143, a ; 598, a. Balillus, 154, a. *Batis, 154, b. . *Batos, 154, b. *Batrachium, 154, b. *Batrachus, 154, b. Baxa or Baxea, 154, b *Bdella, 155, a. *Bdellium, 155, a. Beard, 138, a. BtSaibiixeias ^ikij, 155, b. *Bechion, 156, a ; 157,1 Beds, 572, a ; 990, a. Beer, 233, b. Bell, 983, b. Bellaria, 275, b. Bellicrepa Saltatio, 852, b Bellows, 449, a. *Belone, 150, a. BeA(ii/?7, 20, b. BcXovis, 20, b. BrjXds, 524, b. Belt, 133, a.. Btjfta, 384, a^ 763, b. Bevdi'dem, 156 a. ■ Beueficium Aso^tinendi, iW Beneficiari is, 156;' a. Beneficium, 156, a. Benighitas, 46,. a. *Berberi, 156, b. *Berricocca, 156, b. *Berylius, 156, b. Bes, no, b; 591, a. Bessjs, 591, a. Bestiarii, 157, a. ♦Beta, 157, a. *Bcttonica, 157, a. Bia((av dlicftt 157, b. Bibasis, 157, b. Bt6Xiov, 587, b. Bibliopola, 158, a. Bibliotheca, 158, a. B7kos, 159, a. Bideus, 632. a. Bidental, 159, s BidiEBi, 159, b BiStaioi, 159, b. Biga or Bigae, 159, li Bigatus, 159, b Btdff, 86, a. Bipalium, 715, b. 1107 GENERAL INDEX ttipennis 6GI, b Biremis, 160, a ; 890, b Bjrrus, ItiO, a. Uiseliium, 862, b. '^fiison, 160, a. Bis!i«'*:^iU& Annus, 196, a Bi&ji'Mtum, 195, b. Disscxtus, 196, a. Bit (of horses), 452, a. ♦Biiumen, 160, b. BXdStjs SiKij, 161, a. *Blatta, 161, a. BXavTij, 853, b. BAaiina, 853, b. *Blennus, 161, b. *Bleton, 161, b, »Boa, 161, b. *Boca, 162, b. BorjSpdiitaj 161, b. BoijopOfitdiVi 190, a. Boeotarch, 161, b. Bcsotiau Constitution, 161, b. *Boito9, 162, b. Bottardpxvs-o^j 161» b. *Bolboi, 162, b. Bo\is, 223, b. BofAoKOTr/a, 832, a. BofjiSvXios, 163, a. Bombycinum, 875, b. *Bombylius, 163, a. Bombyx, 875, b. Biafids, 76, b. Bona, 163, a. Bona Caduca, 164, a. Bona Fides, 164, b. Bona Kiipta, 164, b ; 464, a. Boita Yacaatta, 165, a. *'Bonasus, 166, b. Bonovum Cessio, 165, a. Bonorura Collatio, 165, b. Bonorum Emtio et Emtor, 165, b. Bononim Fossessio, 165, b. Bonorum Vi Raptovum Actio, 164, b ; 464, a. Books, 587, b. Bookseller, 158, a. Boots, 316, b. haiomi, 167, b. BopEaa/jm or BopeaopSs, 167, b. *flos, 166, b. •Bosias, 166, b. *fit}s Marinua, 167, a. •Bostrychites, 166, b. BdarpvxoSt 291, b. BoTavonavrelay 370, a. Bottomry, 545, b ; 548, a. Botulus, 167, b. BouQit 31, a. . BovXij, 168, a. BouXEiiiTEWs ypa(pr}, 17^: 0. BovXsvTi'iptov^ 170, b. BovipSvia, 363, a. Bov6vos, 363, a. Bow, 86, a. Boxin*, 823, b. BpaScUj 33, a. BpaBcvraly 33, a. Bracis or Braces, 171, a Brachials, 96, b. Eranchidis, 690, a. Bpaci^cia, 172, a. Brass, 29, a.^ *Brassica, 172, a. *Cralhe, 172,Ji. Bpavpuivia, 172, b. Breakfast, 274, a; 312, b ; 343, a. BreviaTium, 172, b. Breviarium Alaricianura, )72, b. Bribery (Greek), 339, a. . i Bribery (Roman), 46, a- Bricks, 567, b. feridge, 173, a. Bridle, 452, a. ♦Bromos, 176, a. BpoVTEtov, 969, '). Bronze, 176, a. Brooch, 438, b. •Brucus, 179, a. ♦Bryon, 179, a. •Bryonia, 179, b. *Bubalis, 179, b. B66X0;, 587, b. Buccina, 180. a. Buccinator, 28, a ; 180, b. Bucco, 119, a. •Buceras, 180, b. *'BugIoE'sa, 181, a no8 Bulla, jbt, a. *Bumamma, 181, b. 'Bunias, 18J,b. *Bunion, 181, b. *Buprestis, 181, b. Burial, 456, a ; 460, ft. Buris, 79, a ; 79, b. Btiatros, 183, b. Bustirapi, 182, a. Bastuari:^, 182, a. Bustuarii, 182, a. Bustum, 181, b. ♦Butter, 182, a. *Butyrum, 182, a. Buxum, 183, a. *Buxus, 183, a. ♦Byblus, 183, b. ByssuB, 183, b. C, K., X. KaSdpiOj IS3,&. *Cacalia, 184, a. KaKTjyopias Stiaji 184, a. KaKoXoylas SIkjjj 184, b. KaKOTtxviiav hiiajt 184, b. KrfKUCTiff. 184,.b. ♦Cactus, 185, a. ♦Cadmeia, 185, b. *Cscubura Vinum, 186, a. *Ciepa, 186, b. Csetra, 335, b. Kad/iTKo:, 185, a. Yidfiou 54, b ; 186, a. Caduceator, 186, a Caduceus, 185, b Caducum, 164, a Cadus, 186, a. CiBciliaLexde Censoribu8,581, b. Caecilia Lex de Yectigalibus, 581, b; 794, b. CsBcilia Didia Lex, 582, a, Cselatura, 179, a. Cxiebs, 556, b. Cslia Lex, 943, b. Cslibatus, 556, b. Cxrimonia, 843, a. Cieritum Tabulae 186, b. Caesaries, 291^ b. Yiaid&as, 327, b. Kai'av, 456, b. *Calammthe, 187, a. Calainistrum, 187, a. KffAa/iOf, 763, b. *KtiXa/iOff ^ kptapariKd^, 187, a. *KdXafio£ (ppuyfiiTtigy 167, a. *KdXapos avXrjTiKdSt 187, a. *KilXafiOS b vaarSst 187, a. *Ka'Aa/iOf b 'IvdiKdi, 187, a. Calamus, 187, a ; 847, b. Calantica, 187. b. Calathiscus, 188, a. Calathus, 188, a. Calcar, 188, b. Calcoiis, 168, b. Calceamen, 188, b. Calceamentum, 188, b Calculator, 190, a. Calculi, 190, a. Calda, 201,b. Caldarium, 149, a. Calendx, 192, b. Calendar (Greek), 190, a. Calendar (Roman), 191, a. Calendarium, 197, a; 433, a. Calida, 201, b. *Caljdris, 202, a. Caliga, 202, a. Calix, 325, b. KaXXiyivcia^ 976, a. KaXXiepztv, 369, b. . KuXXierrcia, 202, b. *Callyonymus, 202, b. KaXoSdTTjS, 454, a. KaXi4)6iay 894, a. KdXoh 894, a. Calones, 202, b. KflXdirbuy, 450, a. KrfXwf, 842, a. Calpurnia Lex de Ambitu, 46, b. Calpurnia Lex de Repetundis, 833, b. Calvatica, 187,b, KaXvSas, 702, b. Calumnia, 203, a. CalumnlEB Judicium, 203, b, CalumniiB Jusjurandum, SOS, b, KaXvTTTpa, 1037, a. Calx, 255, a Camara, 203, b. Ktifiai, 488, b. ♦Camelopardalis, 202, b. ♦Camelus, 204, a. Camera, 203, b. Cam&os, 860, a. Camillus, 312, b ; 625, a. Caminus, 521, a. Kdpivoi, 450, a. *Cammarus, 204, b. Camp, 220, a. Campestre, 204, b. Campi'Joctoves, 204, b. Ka;iTrr;Jp, 909, b. Campus Martius, 204, b. Campus Sceleratus, 205, a. Kdva6og or KlvvoSoSj 305, b. Canalicols, 205, b. Canalis, 205, b. KdvaSpovi 205, b. *Cancamon, 207, b. Cancelli, 254, b. Candela, 206, a. Candelabrum, 206, a. Candldarii, 780, a. Candidati Principis, 829, a. Candldatus, 46, a ; 967, a. Candle, 306, a. Candlestick, 206, a. Kdv5vst 207, a. Kdp£OV, 307, a. CanephoTos, 207, a. *Canis, 207, b. Canistrum, 207, a. ♦Cannabis. 208, a. Kni/wv, 833, b ; 955, a. ♦Cantharis, 208, b. ♦Cantharus, n., lir.,208, b. Cantharus, 208, b. Kavd/jXia, 378, b. Canthus, 331, b. Canticum, 208, b. Canvassing, 46, a. Canuleia Lex, 582, a. KamiXelav, 236, a. KfitTTiXoi, 226, a ; 403, a. *Caper, 209, a. *Caphura, 209, b. Capillus, 391, b. Capistrum, 209, b. Capital (of columns), 389, a- Capite Censi, 212, a ; 296, a. Capitis Deminutio, 212, a. Capitis Minutio, 212, a. Capitolini, 600, b. Capitolini Ludi, 600, b Capitolium, 210, a. *Capnios, 210, b. KaTTvoddKT}, 515, b. KawvofiavTeia, 369, b. ♦Capparis, 211, a. *Capra, 211, a, *Oaprea, 211, a. ♦Caprificatio, 211, a. ♦Capviticus, 211, a. CapronR, 291, b. *Capros, 211, a. Capsa, 211,b. Capsarii, 211, b. Capsula, 311, b. Captio, 790, b. Capulum, 459, b ; 570 a. Capulus, 211,b. Caput, 212, a. Caput Extorum, 212, - Caput Porciuum, 327 ). *CarabuB, 312, b. Caracalla, 312, b. ♦Carbunculus, 213, t Career, 213, a. Carceres, 254, a. *Carcharias, 213, b. Carchesium, 214, a. ^Carcinium, 214, a. *Carcinus, 214, b. ♦Cardamone, 214, 1 ♦Cardamnmum, 214, b. ♦Ciirdamum, 215, a. Cardo, 215, a. Cardo, 38, b. ♦Carduelis, 215. \ ♦Cardous, 215, 1 Carenum, 1051, c *Careum, 216, a. *Carex, 216, a, ♦Carls, 216, a. Carmen Seculare, 602, b Carmentalia, 216, a. Kapvstat 216, b. Carnifex, 217, a. ♦Carota, 217, a Kaprra/a, 852, a. Carpentum, 217, a. ♦Carpesium, 217, b Carpet, 951, a. ♦Carpinus, 217, b, Kapnov 6if ^, 217, b Carptor, 3' 5, b. Carrago, 218, a Carruca, 318, a Carnis, 317, b Kapva, 318, a. KopvanV) 218, a. Caryatis, 218, ». ♦Caryon, 318, t *Caryophyllon 218/. ♦Casia, 218, b. Cassia Lex, 582, a. Cassia Agraria Lex, 581 a. Cassia Tatellaria Lex, 9i3, a Cassia Terentia Frumentahi Lex, 582, a. Cassis, 466, a; 836, b. ♦Castanea, 218, b. Castelliim Aquee, 219, a. ♦Castor, 220, a. Castra, 220, a. • Castrense Feculium, 742, a. Castrensis Corona, 311, a. KaTdSXritiay 894. b. KaraSXijtiaTa, 392, a. KaTa6X7]TiK^y 716, b. Karax^tpoTovia, 239, a. Karaxii(r//aTa, 883, b. KaraKAijiri'a, 384, a. Karayuyiat 56, b. KaTaydiyiov, 236, a. Catagrapha, 703, a. Karairu^, 466, a. KaraXoyosi 323, a. KaTaX6a£(i>s tbu Atiixov y&Ti^if 223, b. KarrfAuffif, 236, a ; 614, b. ♦Catananke, 323, b. KaraTfcipaT^piu, 233, b KaroTr/Xr;;?, 968, b. KaraTTfXrtKJS, 988, b KaTuir^raff^i, 1036, ■» Cataphracti, 223, b. CatLpirater, 233, b. Catapulta, 988, h. Cataracta, 234, a. "Cataractes, 324, b KaratTKOTT^c ypaiiti}, 224, b Catastp^ 886, a. ' KaraarpihuaTay 891, a KaraTonait 968, a KaTijyopia, 480, a. Kar^yopoff, 936, a. Cateia, 324, b. Catella, 224, b Catena, 324, b. Karcyyvgy, 358, b. Catervarii, 476, b. Kddapaii;, 604, a. Cathedra, 225, a. Kaflrriip, 833, a. KdOoSos, 976, a. Catillns, 639, b. ♦Catoblepas, 325, a. Karox^St 526, a. ♦Catochitis, 325, b. KaTUvdKtj, 750, a. KaT(avaKO, 227, a. Cavi Mensis, 191, a ; 192, a. Caupo, 226, a ; 832, a. Caupona, 226, a. Causae Frobatio, 261 , b ; 742, 1 Causia, 326, b. Causite, 1050, b. KtiDffff, 704, a. KavTijptov, 243, b ; 704. a Cautio, 327, a. Cautio Muciana, 227, a. Cavum ^dium, 516, b. KedSas, 227, b. ♦Ceblepyris, 297, b. Cedit dies, 575, a, b. ♦Cedrus, 227, b. Kciicpu^aXof, 187, b. Ceilings, 520, b. Keipi'u, 673, a. *Ce'-iatruni, 228, a. GENERAL INLiEX. C«leres, 29fr j. Celerum Tnbuaus, 99^ i. KAw, 258, b. KeXci/ar^S, 794, b. CeUa, 223, a ; 958, b Cellarius, 228, b. Celt, 373, a. *Ccnchris, 228, b. •Cenohros, 228, b. Cenotaphium, 228, b CenlDr, 1026, b. Censere, 871, a. Censiti, 802, a. Censores, 229, a. Censoria Not2, 664, b. Census, 229, b ; 616, a *Centaurea, 230, a. Centosima, 1035, b. Centesimx Usurs, 546, b. Centesimatio, 340, b. '^Centriscus, 230, a. ♦Centrite, 230, a. ^Centromyrrhine, 230, b. Centumviti, 230, b. Centuria, 231, b ; 296, a. Centuriata Comitia, 295, b , 1007, a. Centurio, 231,b. Centussis, 111, a. •Cepsoa, 232, a. Ktjiraia Qipa, 515, b. 'Cephalus, 232, a. •Cephen, 232, b. ^iror, 510, b. Ceppbos, 232, b. Cera, 944, a ; 963. b. •Cetacliates, 232, b. CerjE, 704. a. KEpai'a, 62, a. Viepafisist 439, a. KEpd^ttov, 439, a. Kipa/JLOS, 213, a ; 439, a ; 952, a. Kipas, 63, a ; 87, a ; 291, b ; 838, b. ♦Cerastes, 232, b. *Cei-asus, 232, b. *Ceratia. 233, a. Ceratte Tabula', 944, b Kspariovy 1062, a. *Ceraunion, 233, a. KtpKlScs, 968, a. *Cercis, 233, a. iCcpKiV, 955, a. *Cercnpithecus, 233, a Cerealia, 233, a. Cerevisia, 233, a. •Cerevisia, 233, b. •Cerintha, 234, a. Cernere Hereditatem, 498, a. Kripoypuil}ta, 703, b; 704, b. Ceronia, 234, a. KcpoDxoi, 994, a. Certameii, 119, b. Certi, lucerti Actio, 231, a. KripvKUov, 185, b. VijjpiiKLovt 185, b. Ceruchi, 234, a. *Cerussii, 234, h. *Cerylus, 234, b. ♦Ceryx, 234. b. Kfipvl, 234, b. Cessio Bonorum, 165, a. Cessio in Jure, 557, b. Cestius Pons; 174, b. Cestrum, 702, b ; 704, b. 'Oestrum, 234, b. Cestus, 234, b. Cetra or Cietra, 235, b. Key, 262, a. Chain, 224, b. Xairri, 291, a. 'Chalhane, 236, a. *Chalcanthus, 236, a. Xa\Kua, 236. a. XdAcHOv, 317, b. Chalcidium, 236, a. •Chalcis, 236, b. XoX«oiKia, 236, b. XaXmiTfiiSs, 940, a. *Chalciti3, 237, a. •Chalcophonos, 237, b. 'Chalons, 237, a. XiiXKiit,29,a;29,b. ■ Chalcosmaraffdus, 23 . , b. XaA/coBs, 30, a. XoXi«'if.«2,a. *Chalybs, 237, b. *ChamBBacte, 238, a. •Chamietlrys, 238, a. Ct jnaecerasUB, 236, a. ♦Chamielion, 238, a. *Cham!emelon, 238, b •Chamaipitys, 238, b. *Charael»a, 238, b. XantivTi^ 572, b. Xa^£ui'(oi', 572, b. XdpcLKti, 1034, a. *Charadriu8, 238, b. Chariot, 159, b ; 331, a ; 420, b. Charistia, 238, b. XapiavioL KXifiaKCi, 969, a. Charta, 588, a, XEipfitf/tayeiov, 615, a. XEipiiiaros X[r(i)i', 240, b. Xapdypaipav, 240, b ; 937, b. XEtpd/xaKrpov, 344, a ; 615, a. Cheironomia, 239, a. Xcfporoi'cti', 239, a. XctpoTovnTott 81, b. XtipoTovla, 239, a ; 336, a. XeAijrJvio, 239,a. •Chelidonium, 238, b. *Chelidon, 238, b. *Chelone, 238, b. XtXuKi;, 605, b; 965, b. XlKvs, 605, b. Xvitfl, 239, a. *Cheualopex, 239, b. Chenjscus, 239, b. *Chenopodium, 239, b. Xipvi&av, 239, b. Xipvitll, 239, b. *Chernites, 240, a. XrjpiiiaTai, 495, a. *Chersydrus, 240, a. *Chia Terriy 240, a. XtXiapxia, 100, a. Chimneys, 515, b ; 521, a. Chiramazium, 240, a. Chiridota, 240, b. Chirographum, 240, b. Chirur^ia. 241, a. Chisel, 373, a. XiTdii, 1022, b. " 'A/i^maffXdXo;, 1024, a. " Xttpt6tjtr6g, 1024, a. " 'ET£pD/iotrxaXoff,1024,a. " Sxiurds, 1023, a. " SroXiJurij, 1024, a. XtTiivia^ 244, a. XiTiinov, 1023, b ; 1024, a. XiTulvicTKOs. 1023, b ; 1024, a. Xiiiv, 658, b. *Chium Marmor, 244, a. *Chium Vinum, 244, b. XXaiva, 561. a ; 572, a ; 718, b. XXamoi', 718, b. XXaviSiov, 718, b. XXuvif, 718, b. XXavicKtov, 718, b. Chlamys, 244, b. XXcSuti, 291, b. XXiWv, 95, b. XXiaa, 245, b. XXoiil, 245, b. 'Chlorous, 245, b. *Chloris, 246, a. Xoai, 458, b. Xoavoi, 450, b. XiiES, 364, b. Xotiis, 248, a. XoivtKts, 331, a. Xami, 246, a. Xotpivai, 819, a. *Xolpos iroTaliioi, 246, a. X&jjia, 457, a. ■ Choragia, 246, a. Choragus, S4S, a. XoipU OUovvreSi 569, a. Xtaplav SiKti, 246, b. Chorus, 246, b. Xoii;, 248, a. Xpsovs StKtj, 246, a. XptjiTftoit 369, a. XprialioXoyia, 369, a. XpijaTfipiov, 687, b. Xpii^Eiv, 700, a. *Chromis, 248, b. XpvatavTjToi, 881, a. Xpvais, 128, a. ♦Chrysalis, 248, b. ♦Chrysatithemum, 248, b. *Chrysolectrum, 248, b. *Chryselectrus,. 248, b. Chrysendeta, 248. b. •Chrysites, 248, b, *Chrysitis, 249, a. •ChrysocoUa, 249, a. *Chrysocome, 249, a. Ohrysolithus, 249, a. 'Chrysomelum, 249, a. *Chrysopis, 249, a. *Chrysophris, 249, a. *Chry8oprasius Lapis, 249, b XBivta, 249, b. Xlirpa, 250, a ; 677, b. Xiirpoi, 364, b. KiSmtiSs, 81, a. 'Cicada, 250, a. •Cici, 250, b. Kf/ciwof, 291, b. Cidaris, 981, a. Cider, 1054, b. Cilicium, 250, b. Cilliba, 633, b. *Cimex, 250,b.' 'Cimolia Terra, 251, a. 'Cinara, 251, a. Cincia Lex, 251, a, Cincinnus, 291, b. Cinctus, 1024, b. Cinctus Gabinus, 987, a. Cingulum, 1073, a. CiiLerarius, 187, a. Cineres, 460, a. Ciniflo, 187, a. 'Cinnabaris, 25], b. 'Cinnamomum, 252, a. Kiuv, 288, a. Kfoi/ES,457, b.' Cippus, 252, a. Circenses Ludi, 255, b. j Circinus, 252, b. Circitores, 222, b. Circuitores, 222, b. Circumlitio, 705, a. Circumluvio, 44, b. Circumvallation, 1034, b. Circus, 252, b. *Ciris, 257, a. Cirrus, 291, b. *Cirsiuin, 257, a. *Cis, 257, a. Cisiuoi, 257, a. *Cissa, 257, a. 'Cissaris, 257, a. *Cissos, 257, a. Cista,257, a; 901, a. 'Cisthus, 258, a. Cistophorus, 258, a. Cithara, 605, b. Ki'flapis. 605, b. KiOaptpSia, 826, a. Citizenship (Greek), 258, b. Citizenship (Roman), 260, b, 'Citrus, 256, a. Civica Corona, 310, a. Civile Jus, 559, b. Civilis Actio, 17, b. Civis, 261, a. Civitas (Greek), 258, b. Civitas (Roman), 260, b. Clandestina Possessio, 544, a. Clarigatio, 438, a. KXapwrai, 316, b. Classes, 296, a. Ciassica Corona, 310, b. Classicum, 309, a. Clathri, 521, a. Claudia Lex, 582, a. Clavarium, 263, b. Clavis, 262, a. Claustra, 526, a. Clavua, 263, a. Clavus Annalis, 263, b. Clavus Gubernaculi, 263, b. Clavus Augustus, 265, a. Clavus Latus,' 264, a. KXtiSadxoh 959, a. K), 526, a. 'Clematis, 265, b. Clepsydrii, 508,b. Clerks (Athenian), 169, b ; 479, a. ' K\i]pov6fios, 495, a. KXijpoe, 495, a. KXtjpavxitit 265, b. KXi7poifXO(, 265, b. KXnTijpcs, 266, b. Clibanaril, 223, b, K.\i6avos^ 450, a. Clicns, 267. a.' Clientela, 267, a. KXiiiaJ, 824, a ; 656, b , 989, b. KXivi?, 344, a I 570, > ; 572, a. KkiiiStov, 570, a. 'Clinopndium, 268, a. Clipeus, 266, a Clitellie, 269, b Cloaca, 269, b. Cloacarium, 270, a. Cloacarum Curatoies, 270, b Clocks, 508, a. Clodis Leges, 582, a KXoirijs Sia; 270, » ♦Clymenon, 270, b. 'Clupea, 270, b. 'Cleorura, 270, b. KvaAsfis; 453, a. Kpa'Jws, 939, b. K>'^;iai, 331, b. KirfiiiSt 676, b. Kv^^aXov, 572, a. ♦Cnicus, 270, b. Knife, 327, a. Knights (Athenian), 22», a Knights (Roman), 414, b. 'Cnipologus, 271, a. *Cnips,271,a. Kncckers, 526, b. Coa Vestis, 271, a. Coactor, 271^ a ; 1035, t> 'Cocalis, 271, a. 'Coccum, 271,b. 'Coccygea, 271, b. 'Coccymelea, 271, b. 'Coccyx, 271, b. *Coccones, 271, b. ■ 'Cobhlea, 271, b. Cochlea, 272, a. Cochlear, 272, b. KoxXi(£p[OV, 272. b Codex, 272, b. Codex Gregorianus and Hel mogenianus, 272, b. Codex Justinianeus, 273, a. Codex Theodosianiis, 273, b. Codicilli, 965, a. KiaStov, 572, a. KiS&v,9e3, b. K(^ca, 572, a. Ccelia or Cselia Lex, 943, u. Coemptio, 623, b. Coena, 274, a. Cienaculum, 518, a. Ccenatio, 276, a. Ctcnatoria, 276, a ; 940. s Coffin, 456, b ; 460, a. Cognati, 277, a. Cognatio, 277, a. Cognitor, 19, a ; 19, ■> Cognitoria Exceptio, 19, a Cognomen, 661, a. Coheres, 497, b. Cohors, 104, a. KoiXov, 968, a, KoirbivE;, 514, b. *Coix, 278, a. KciXaiCEf, 733, a. KtaXiiKperat, 950, b. 'Colchicum, 278, a. KoXciis, 478, a. Collatio Bonorum, 105, b, Collegx, 276, a ; 1064, a. CoUegetarii, 573, b. CoUegiati, 1064, a. Collegium, 278, a ; 1004, a. KiiXXijdis, 178, a. KoXXufiiffTjJf, 30, a. KiXXuSof, 30. a. Colobium, 1024, a. 'Colocasia, 279, a. 'Colocynlhe, 279, b. 'Colooynthis, 279, b. 'Coljas, 279. b. KoXuvai, 457. a. Colon!, 801, a. Colonia, 279, b. Colony (Roman), 279, b Colony (Greek), 284, a Colores, 285, a. Colossicotera, 237, a. Colossus, 287, a. 'Colotes, 287, b. 'Colbutea, 287, b. K6Xms, 1023, b. 'Coluber, 287, b. 'Columba, 267, b. Colura, 267, b. Columbarium, 287, b. Cok'mn. 288, a. Columna, 268, a. CoIumnaRostrata, 290, 3 Coins, 464, b. Coma, 291, a. 'Comaros, 294, a. 'Combretum, 294, a- Combs, 748 a. 1109 GENERAL INDEX. Kiim, 291, a. *Comn, 294. a. Comedy, 298, b. Comes, 294, a. Commissatio, 294, a. Comilia, 294, b. Comitia Centuriata, 295, b : loor, a. Comitia Curiata, 294, b. Comitia Tributa 294, b ; 297, b ; 1005, a. Commeatus, 298, a. Commeudationes Mortuorum, 442, b. Cfjmmeatariensis, 298, a. Coiomentarii Sacrorum. 791, a. . l^ommentaTium, 298, a Comnientarius, 298, a. Commercium, 261, a. Commissoi'ia Lex, 298, a. Conunissum, 298, a. Commixtio, 303, a. Commodans, 298, b. Commodatarius, 298, b. Commodati Actio, 298, b. Commodatum, 298, b. V^ixuds, 995, a. Communi Dividundo Actio, 298, b. Comoxlia, 293, b. Comedy (Greek), 299, a. Comedy (Italian), 300, a. Kaiufiia, 293, h. KHfios, 246, b ; 293, b ; 247, b. Compa&B, 252, b. Compeusatio, 301, a. Comperondinatio, 550, b. Comperendini Dies, 362, b. Compitalia, 301, a. Compitalicii Ludi, 301, a. Competitor, 46, a. Corapluvium, 516. b. Compromissum, 551, b. Concamerata Sudatio, 149, a. Conceptivs Ferise, 435, b. Concha, 301, b. *Concha. 301, b. ^Conchylium, 301, b. Conciliabulum, 282, b. Conciliarii, 116, a. Concio, 1006, b. Concubina (Greek), 301, b. Concubina (Roman), 302, a. Ccucubiuatus, 302, a. Condemnatio, 19, b; 551, a. Condictio, 16, b. Conditlvum, 302, b. Conditorinm, 302, a. Conditurie, 1033, b. Conductio, 595, a. Conductor, 595, a. K6v&vXoSf 763, b. Condus, 228, b. K(ii/Eioi/, 394, h. •Coneion, 302, b. Confarreatio, 623, b. Confessoria Actio, 302, a. Confusio, 303, a. *Conger, 303, b. Con^arium, 303, b. Congius, 304, .i ; 889, b. KovidTtK, 736, a. Kavimks, 1002, b. Cbnjurali, 1022, b. Conjuralio, 1028, b. Connubium, 622, a, b. . KtitvajTEuvt 304, a. Conopeum, 304, a. *Conops, 304, a. Conquisitores, 304, a. Consanguiuei, 277, a ; 499, b. Conscripti, 865, a. Consecratio, 72, a ; 533, a. Consensus, 675, a. Consiliarii, 306, b. Consilium, 306, h. Consistorium, 817, b. Consobrina, 277, b. Consobrinus, 277, b. ConsporvZor, 541, b. CoQsVitutiones, 304, b. Consuaba, 304, b. Consul, 305, a. Consult!, 558, a. Consultores, 558, a. Cootestari, 594, a. Contractus, 672, b ; 675, h Controversia, 551, b. Contubernales, 3*^6, a. 1110 Contubemium, 302, a ; 306, a ; 883, a. Contus, 306, a ; 893, l>. Conventio in Manum, 622, a ; 623, a. Conventiones, 675, a. Conventus, 306, b ; 813, b ; 814, a. Convicium, 539, a. Cmvivium, 938, b ; 940, a. •Convolvulus, 306, b. *Conas, 307, a. Kiyi, 185, b. Kdyl Sitml, 396, a. *Conyza, 307, a. Cooks, 344, b. Co-optari, 279, a. Co-optatio, 790, b. Rondvov, 642, b. Koiirii, 211, b ; 893, a. Kdirreiv, 527, b. Cophinus, 307, a. Kom'f, 521,b. < *Coi^cinus, 307, a. •Corallium, 307, a. *CoraUis, 307, a. *Corai, 307, b. Kiipa^, 526, b. Corbicula, 307, b. Corbis, 307, b. Porbita:, 308, a. Corbula, 307, b. *Corchorus, 308, a. Cordage, 894, a. K6ii6at 299, b. *Cordylus, 308, a. *Coriandrum, 308, a. KoptvBla K6f»jj 503, a. KopivdidCecdat, 503, a *Coris, 308, b. Cornelia Lex Agraria, 582, a. " de Falsis, 428,a,b. " de Injuriis, 539, a. " Judiciaria, 553, a. " Majestatis, 609, b. *' Nun)maria,428,b. " de Proscriptione et Proscnptis, 812, a. " de Sacerdotiis, 790, b. " de Sicariis et Ve- neficis, 308, a. " Sumtuaria, 934,b. " Testameutaria, 428, b. " Unciaria, 582, b. Cornelia Bsbia Lex de Ambi- tu, 582, b. Cornelia Fulvia Lex de Ambi-' tu, 46, b. Cornicines, 28, a. Cornu, 309, a. Cornua, 62, a ; 588, b ; 606, b. Corona, 309, b. " Castrensis, 311, a. " Civica, 310, a. " Classica, 310, b. " Convivialis, 312, b. " Etrusoa, 313, a. " Funebris, 312, b. " Leroniscata, 313, a. " Longa, 313, a. " Muralis, 311,a. " Natalitia, 313, a. " Navalis, 310, b. " Nuptialis, 313, a. " Obsidioualis, 309, b. " Oleagina, 312, a. " Ovalis,31I, b. " Pactilis, 313, a. " Fampinea, 313, b. " Plactilis, 313, a. " Radiata, 313, b. " Rostrata, 310, b. " Sacerdotalis, 312, b. " Sepulchralis, 312, b. " Sutilis, 313, a. '■ Tonsn, 313, b. " Tonsilis,313, b. " Torta, 313, a. " Triumphalis, 311, b. " Vallaris, 311, a. Coronarii. 877, a. KopciJVT?, 526, b. *Corone, 313, b. *Coronopus, 313, b. Coronix, 412, b. Corporati, 278, a ; 1064, a. Corporatio, 278, a ; 1064, a. (Corpus, 278, a. Corpus Juris Civilis, 313, b. Kdppt], KdpoTij 291, a. Currens, 075, a. Corrigia, 47, a ; 189, a. *Corrnda, 314, a. Cortina, 314, a. KopiiSavTES, 314, b. KopvSavTiKdt 314, b. KojnjSavTiaiidst 314, b. Kupvxof, 153, b. K6pvfi6os, 291, a ; 314, b. Kopiifi;, 748, b. Kopu0aia, 452, b. K6pvs7 466, a. KtopvTdSt 315, a. Corvus, 314, b. ' CoryciBUm, 153, b. *Corylus, 315, a. Corytos, 315, a. Ku;, 213, a. Cosmetffi, 315, b. Cosmetes, 483, a. CosmetrisB, 315, b. Cosmi, 315, b. Kotrniirptai 695, b. *Cossyphus, 316, b. *Costam, 316, b. Cothurnus, 316, b. K6TIV0S, 683, b. *Cotinos, 317, a. *Cotonium Malum, 317, b. Korra6£?0)», 317, b KoTTdSwv, 317, b Kcirrafiof, 317, b *Cottus, 318, a. *Cottyphus, 318, a. KirrvTes, 318, a. KoTuAi;, 318, b. Korvrna, 318, a. Cotyla, 318, b. ♦Cotyledon, 318, b. '*KovKto(lt6pov S€vSpov, 318, b. Couches, 572, a ; 570, a. Covinarii, 313, b, Covinus, 318, a. KovpeiiTtSi 67, a. KoupEii;, 133, b. Cowl, 325, a. KpdSSaTos, 572, b. KpdSri. 969, b. *Crangon, 318, b. ♦Crania, 318, b. Kpdvost 466, a. Crapula, 1053, b. KpaWedov, 565, a. ♦CratKgus, 318, b. ♦Cratxgauon, 319, a. KpaT^)p, 319, a. Crates, 319, b. Kp£(£ypa, 487, 1). Creditor, 675, a. ICpcfiSaXa,333, b. Kpeoirut^Etov, 607, b Kp£ojr(5Aj7f, 607, b. Crepi, 603, b. Crepida, 319, b. Crepidines, 1043, a. Kpijm's, 319, b. Creppi, 603, b. Creta, 255, a. *Creta, 320, a. Cretan Constitution, 315, b. Cretio Hereditatis, 498, a. *Crex, 320, a. Kptnas, 527, b j 533, a. Crimen, 320, b. Crimina Extraordinaria, 321 , a. *Crimnus, 320, a. •Crinanthamum, 320, a. Crinis, 291, b. Kpids, 92. b. *Crios, 320, a. Crista, 466, a. Kpirizi, 321, b. KptSonaVTciat 369, b, KpufiuAof, 291,a. KpoKlj, 953, b. *Crocodilus, 321, b. *KpoK6Sci\os xEPaaios, 322, a. *Crocodeilium, 322, a. Crocota, 322, b. *Crocottas, 322, b. •Crocus, 322, a, •Cromyon, 322, b. Kpivta. 322, b. Crook, 748, b. Cross, 324, a. Kpoaaoi, 443, b. Crotdlistria, 323, a Crotalum, 322, b *Crolon, 324, » Kpovttv, 527, b. Kpouiiat 335, b. Kpovni^a, 335, b. Crown, 309, b. Crucifixion, 324, a Kpurri), 323, a. KpuTTTEta, 323, a. KpuTrrta, 323, a, Kpuiiroi, 323. U Crusta, 248, b ; 399 I . Crux, 324, a. Crypta, 324, a. Cryptoporticus, 324, a *Crystallus, 324, b Ktcis, 748, a. VLTfiixara, 403, b. Ctesibica MaGhir.a, 65, a KiaBos, 334, b. Cubicularii, 324, b ; 804, a. Cubiculum, 325, a ; 517, b. KvStffrflfv tU lifixaipaSt 325, ■ Kv&ttTTr]T7jpE5, 325, a ; 852, & CiJTiitoria, 276, a. Cubit, 325, a. Cubitus, 325, a. lUSos, 325, a ; 959, b. Cnbus, 325, a. Kii/tAa, Sfl, b. KvMs, 335, a. Cuculius, 325, a. •Cucuims, 325, b. *Cucurbita, 325, b. Cudo, 325, b. Culoita, 573, a. Culeus, 325, b ; 889, k. •Culex, 325j b. KvXiatSt 717, a. Culina, 325, b ; 517, b KuAio/tij, 325, b. KvAicrfctoi/, 325, b. KiiAi(, 325, b. Culleus, 325, b. Culpa, 326, a. Culpa Lata, 326, b. Culpa Levis, 326, b. Culpa Levissima, 326, b. Culter, 327, a. Cultrarius, 327, a. Ki/iSaXovt 335, b. KiftSij, 335, a. Cunabula, 534, a. Kvvtti, 466, a. KvvjjyeTiKbv QsarpoVy 1037, a. Cuneua, 327, b; 968, a. Cuniculus, 327, b. *Cuniculus, 327, b. *Cunila, 327, b. Cupa, 374, a | 1051, b KuTrsAAoi', 51, a, *Cupressus, 327, b. Cura Bonorum, 329, b. " Bonorum Abgeutis,329,b " Bonorum et Ventns, 329 b. " Hereditatis, 329, b. " Hereditatis Jacentis, 329. b. " Riorum, 664, b. Curatela, 328, b. Curator, 328, a. Curatores, 329, b. " Alvei et Riparunk 329, b. " Annonx, 329, b. " Aquaruni, 75, b. " Ealendarii, 329, b " Ludorum, 329, b. " Operum i Publico rnm, 329, b. " Regionum, 329, b. '* Reipublicte, 330, a. " Viarum, 1043, b. KvpSatrm, 778,b- 680,1). KipSeiS, 131, b Curia, 330, x. Curi!B, 330, a. Curiales, 282, b. Curiata Cimitia, 294, b Curio, 330, a. Curio Maximus, 330, a ; 785, » Kipios, 330, b. *Curma, 331, a. Cursores, 331, a. Cursus, 256, a. "Curucd, 331, a. Curules Magistiatus, 607, h Curulis Sella, 8C2, a. Curriculum, 331, a Currus, 331, a GENERAL INDEX. JiupiB, 488, b. CuBtodcs, 367, It. Custos Urbis, 603, a. Kv6ijpo6tKt]g, 756, b. Cjathus, 334, b ; 889, b Cyclas, 335, a. *Cyclerainns, 334, b, >Cycnus, 334, b. •Cydonium Malum, 335, a. Cymba, 335, a. Cymbal, 322, b ; 335, a. Cymbalistrja, 335, b. Cymbalum, 335, a. *Cynocephali,335,b. ♦CjTiogloHsuni, 336, a. *Cynocranibe, 336, a. ^Cynomuia, 336, a. *Cynoraistes, 336, a. *Cynorhodon, 338, a. ^Cynosbatum, 336, a, *Cynops, 336, a. *Cyperus, 336, a. *Cypn3S, 336, a. *Cytisus, 336, a. D. A. Dactyliotheca, 336, b. *Dacrydion, 337, a. *Dactyli, 337, a. AqSovvoSi 396, a. AaiCTijXtov, 839, a. AaKTvXos, 763, b. Daggers, 824, a ; 896, a. AatoaXa, 336, b. Aaif, 945, a. ♦Damasonium, 337, a Aafiioupyoi, 347, a. Damni Injuria Actio, 337, a. Damnum, 326, a ; 337, a. Damnum InfecCum, 337, b. Aapioaiat 337, b. AavdKrj, 337, b. Dancing, 850, b. Advtiaiia, 545, b. *Daphne, 337, b. Aa^vTj^opia, 336, a. Aaif>vijf6pos, 338, a. *Daphnoides, 338, b. Admst 951, a. Dare Actionem, 16, b. . AapetKds, 336, b. Daricus, 338, b. *Dascillus, 339, a. •Daaypus, 339, a. *Daucus, 339, a. Day, 361, b. Debitor, 675, a. AEKa6apx^^y 339, a. AeKaSouvoi, 339, a. Atxapx'-'^i 339, a, AEKacii6st 339, a. AeKacTvXos, 290, a. Aexarctjetv, 172, b. A£K(Jn7,34l,b; 659, a j 957, a. AcKarr}A6yot, 341, b. AeKarevral, 341, b. AcKaTEVTijptov, 341, b - 957, a. ACKarSivat, 341, b. December, 191, a. Decempeda, 339, b ; 763, a. Decemviri, 339, b. Decemviri Leglbus Scribendis, 339, b. , Decemviri Litibus Judicaadis, 1046, b. Decemviri Sacris Faciundis, 340, a. Decimatio, 340, b. Decimatrus, 830, b. Decretum, 340, b ; 871, b. Decums, 340, b. , Decumani, 340, b. Decum&ni Agri, 340, b. Decumates Agri, 340, b. Decuncis, 591, a. Decuria, 104, a. DecuriaB, 470, b ; 865, b ; 866, a. Decuris Judicum, 553, a. Decuriales, 1063, b ,- 1064, a. Decuriati, 1U63, b ; 1064. a. DecurionoH, 104, a; 282, b; 330, a ; 1063, a. Decurrere, 460, a. Decursoria, 174, a. Decussis, HI) a. Dedicare, 376, ». Dedicatio, 424, b ; 532, b. Deditio, 341,b. Dediticii, 341, b Deductnres, 46, a Defensores, 816, b. Defrutum, 1051,b. ArJYua, 452, b. AeiAccAftrra/, 341, b. AeiYfia, 342, a. Dejectum Effusum, 342, a. Dejecti Effusive Actio, 342, a : 1049, b. AcA^, 361, b. AciAi'a; ypa0j?, 942, m. Aenn>6Xoyot, 342, a. AeiKvoVi 342, a. AEnryo^dpott 696) a Delator, 345, a. Delia, 345, a. AfjXiat 345, a. Delictum, 320, b. ' Delphinte, 253, b. Delphinia, 345, a. AeA0ma, 345, b. Ae\fiv, 345, b. *DeIpbinium, 346, a. *Delpliis, 346, a. AeX0f^345,b. Delubrum, 957, b. Arjuayoyyoi, 936, b. Demarchi, 346, a. A^Hapxoi, 346, a. Ann^yopott 936, b. Demens, 328, b ; 329, a. Demen8um,.346, b; 867, b. Dementia, 329, a. Demetria, 346, b. Deminutio Capitis, 212, a. Arjui&irpaTa, 346, a. ArjuiovpYpi, 347, a. Demiurgi, 347, a. Ainvtov, 572, a- ArifidKotvost 394, b. Demonstratio, 19, b. ATjuoTTolijTost 347, a. Ajj/iosi 347, a. Arifidmott 347, a. Ar}n6(Tios, 394, bi Arifidrai, 348, a. Demus, 347, a. Denarius, 346, b. *Dendrachates, 349, b *Dendrolibanus, 349, b *A£v8pv(pia KpdTivat 349, b. Denicales Feris, 435, a ; 462, a. Dentale, 79, a ; 79, b, Dentifricium, 349, b. Depensi Actio, 542, a. Deponens, 349, b. Deportatio in Insulani, 136, b. Deportatus, 136, b. Depositarius, 349, b. Depositi Actio, 349, b. Depositor, 349, b. Depositum, 349, b. Aipfia, 749, b. Derogare Legem, 580, a. Ai^piS, 250, b. Desertor, 350, a. Designator, 459, b. AsaixoipiXaKESt 394, b. Aeu iiiar/ipiov, 213, a. AeairoaiovavTai, 260, a. Desultor, 350, a. Detestatio Sacrorum, 469, b, AEurcpayuv/OT^ff, 505, b. AEVTcpSrroTfxot, 458, a. Deversorium, 226, a. Deunx, 110, b; 591, a. Dextans, 110, b; 591, a. Diadema, 350, b. Aia6aT:^pia, 351, a. AiavfitpoT.ovia, 239, a. AiaStKaciaj 351, a. Aia&iKaaia r^ff imKXf/poVf 411, a. AiaSduEis, 355, b ; 972, b. Diaeta, 276, a ; 518, b. Dixtetica, 351, a. Aiaypa^tEis, 392, b. Alatra, 351, a. AiaiTTiTait 352, b. AtatTijTiKijt 351, a. Dialis Flamon, 445, a. Aiafiaprvpia, 355, a. AiaiiaarlytaiTiSt 355, b. Atavo{iai, 355, b ; 972, b. Ata(t>avij EXfiaray 355, b. AtaWHAiaiit 355, b. Dianum, 346, b j 887 b. Aidaia, 356, b. AidaroXos, 290, a. Diatreta, 1054, a. AmvXof, 90S, b \ 909, b Atd^w^a, 929, b. Aia^cj/iara, 968, a. AtKatrr^pioVy 356, b. AiKaar/jsi 357, a. AiKaariKdVf 357, a ; 1014 a Dice, 959, b. Dice-box, 452, b. AlKtjf 358, a. " AyeiapYtov, 31, b " atKias, 40, a. " diisXloVj 47, a. " dvaymyris, 56, b. " dvdSiKos, 73, a. " dvSpairdSuiv, 58, b. *' diToXelil/euiSt 70, b. " diioTrifi}ffcti>Si 71, a. " dirocraaLoVf 71, b. " dirb avn66Xtt}v, 933, a. " dpyvpiovj 92, a. " abroTEX^Si "3, a ; 359, b " dipopnTjs, 68, a. " PE6ai(i>ix£ii}i, 155, b. " ^laluv, 157, b. " i8Ad6»7S,161,a. " ^yu'j7ff, 404, b. " EHfiTlVOSy 400, b. " i/i7ropi*^,403, a. " ivoiKlov^ 404, b. . " i^ayy?js, 424, a. '^ e^aipi(TE(M)i, 424, a " iiovXris, 427, a. " hriTpirjpapxfit^aTos, 1011, a, b. " IniTpOTrrjSt ^^3, a. " KUKijyopiag, 184, a. " KaKOAoyias, 184, b. " KaKOTEXV-f^V, 18^1 b* " Kdpmv, 217, b ; 404, b. " KXoTtnsj 270, a. " XEiironaprvptov, 626, b. " XotSoplas, 184, a- " /i(ff0o0, 639, fc. " Hicdtaaeus otKov, 636, b. " olxiatt 677, b. « •iff^as, 427, a, " TTapaKaradnKjjs, 731, a. " irpoeitTtpopasr 811, b. ** TTpoiKdsi 379, b. " ciTov, 900, b. " HKvpia, 860, b. " avuhoXaifiiv or uvvOtjKiSv •!Tapa6da'Eavovs Koi ficQij- fiEpivijs., 771, a. " xP^°^Sj 248, a. " Xwpi'out 246, b. *' u/EvSofiapTvpi&Vt 627, b. AtKEXXa, 592, a ; 832, a. Atxopla, 996, a. Dicrota, 160, a. Dictator, 360, a. AiKTvyvia, 361, b. AiKTvov, 836, a. Didia Lex, 934, a. AiSpaxfiOv, 381, a. AirjpeSj ^15, b. Dies, 361, b. . " Comitiales. 362, b. " Comperendini, 362, b " Fasti, 362, a. " Feriati, 435, b. " Festi, 362, b. , " InCercisi, 362, b. " Nefasti, 362, b. " PralialcB, 362, b. " Profesti, 362, b. " Statt, 362, b. Diffarreatio, 371, a. Digesta, 725, a. Digitalia, 613, a. Digitus, 763, a. AuirdXEtat 363, a. AtnrdXia, 363, a. Dilatoria Kxceptio, 19, a. Diligentia, 326, b. DimachiB, 363, a. Aifjidxah 363, a. Dimacheri, 476, b. Dimensum, 867, b Diminutio Capitis. 212, a. Dinner, 276, a ; 343, b. AttaSEXtat 972, b. AithSoXov, 381, a. ^idKXetaj 363, a. AiuynotTta, 65, b. Aiov^tria, 363, b. Aiovvaia Kar" dypoys or [iiKpdt 364, a. Aiav6(Tta iv &otei or VLtrdXa^ 365, a. Dionysia. 363, b. *A(dff dvOoSy 367, a Acoo-xoijpia, 367, a. AtotnjuEta, 370, a. *Dio8pynis, 367, a- Diota, 367, a. AiiTTEpQSt 290, a, Ai(}idipa, 367, a. AtAdspat, 568, a. Ai^posi 333, a. *Diphryges, 367, a. AiirXalj 718, a. AiirXotdtov, 1023, a. AiirXotij 720, b ; 1023; a Diploma, 367, a. AindXuaj 36S, a,, A/irpupot N^eff, 51, b. *Dipsacu8, 367, a. 'Dipsas, 367, a. Aiirrvxaj 367, b. Diptycha, 367, b ; 944, a Directa Actio, 17, a Diribitores, 367, b. Discessio, 866, a. Discipula, 1040, a AttTKovpa, 366, a. Discinctus, 1024, b. Discus, 367, b. Dispensator, 190, a. Distaff, 464, b. Dithyrambus, 247, b. Diversorium, 226, a. Dividiculum, 219, a. Divinatio, 366, b. Divinatio (law term), 370, %. Divisores, 46, b. Divorce (Greek), 7.0, b; 622, h Divorce (Eoman), 370, b Divortium, 370, b. AdKava, 371, a. AoKifiatrla, 371, b; 406, ? Dodrans, 110, b; 591, a. Dogmatic!, 371, a. Dolabella, 373, a. Dolabra, 373, a. AoXtxoSp6fiott 909, t). ^6Xtxos, 908, b ; 909, b Dolium, 374, a; 1051, b. De Dolo Malo Actio, 336, a. Dolus Malus, 326, a. Adifidria, 514, b. Dominium, 374, a. Dominus, 376, a. Dominus Funeria, 459, b. Dnmitia Lex, 790, b. Domus, 513, b Dona, 376, a. Donaria, 376, a. Donatio Mortis Causa, 377, b. Donatio Propter Nuptias,377,s Donationes inter Vjrum et XJx orem, 377, b. Donativum, 303, b. *Donax, 376, a. Door, 514, b. Aoprf, 749, b. Abipa, 376, a. Aopdrtov, 486, b. AopaToQ^KT], 489, a. *Dorcas, 378, a, AoptdXuiToti 880, b. Dormitoria, 517, b, AiapoSoKlas ypa^i^f 339, b Aihptiiv Ypa^i 339, b. Atapolcvias ypa^jj, 1071, a. A6pTTEia, 66, b. Aopirla, 66, b. AdpTTov, 342, b. Dorsuarius, 378, a. Atfpu, 486, b. Aopi;0dpo(t468, b{ 1071, a *Dorycnium, 378, b. Dos (Greek), 378, a. " (Roman), 379, b. " Adventicia, 379, b. " Profecticia, 379, b. '* Reccpticia, 379, b. Dossuarius, 378, a. Atarlvijt 379, a. AovXoSi 880, b. Dowry (Greek), 379, b. Dowry (Roman), 379, h. Drachma, 380, b Apaxni]* 380, b. Draco, 896, b *Draco, 381, b. Draconarius, 896, b. *Dracontium, 382, a. Draughts, Game of, 569, b. ApEndvT], 426, b. nil GENERAL INDlJX. *i>l«paiu5, 382, a. ^piitavn't 438, b. ; iflotrai,456, b, ^Promedarius, 382, a ^poiiidiiftov Pjt^apj 5X !• ipilios, 909, b. Urum, 1033, a. 'Dryiuus, 382, b. *Dryooalaptes,,382, 1. "Dryopteris, 382, b. •Drypis, 382, b. 'Urys, 382, b. Oocenarii, 382, b. Duceutesima, 382, b Uuella, 1062, a. Dnilia Lex, 582, b. Dailia MsBnia Lex, 582, b. Dulciarii, 780, a. Avfiavdrai, 1002, b. Avfiavcs, 1002, b. Auva(r7£(a, 316, a. Daodecim Scripta, 570, a. Duplicarii, 382, b. Duplicatjo, 19, b. Dupondium, 762, b. DupondiuSj 111, a. Uiissis, 111, a. Duumviri, 383, a. Duumviri Juri Dicundo, 282, b. Duumviri Navales, 383, a. Duumviri Perduellionis, 754, b. Duumviri Sacrorum, 340, a. Dux, 817, a. E. Earrings, 533, a. lilartheuware, 439, b. *Gbenus, 383, a. ■E/ticXija/a, 383, b ; 474, a. ^EKtcXtjaiaaTiKdg fuodds, 385, a, 'EKKXTjtjiaoTtK^S iTiva^, 348, a. 'E/ticAijros roXlj, 933, b, n. *EKK\riTotj 387, b. 'Ejc/co/iii5j}, 456, a. ^EKKVKXtjiia, 426, b. 'EKiocis, 545, b. 'HXEia, 968, a. 'Echeneis, 383, a. 'Exf rAn, 79, a. 'Exfiof, 359, a. •Ecliium, 383, b. 'Erhinus, 333, b 'Echis, 383, b. EKex^ipia, 681, a. "EKyovot, 495, a. Eclectici, 387, b. •Eaoycif, 392, b. 'EK/ioyeiov, 344, a. 'Ex/iaprupia, 388, a 'Eic^opd, 456, a. 'EK9uAXo0op(a, 135, b. *EKTroiEiv, 22, a. 'Efcirotettrdai, 22, a. Eculeus, 418, b. Edere Actionem, 18, h, Edictum, 388, a. " JEdilicium, 388, bj 389, b. " Novum, 388, b. " Perpetuum, 388, b ; 389, b. " Provincialo, 389, b. " Repentinum, 388, b. " Theodorioi, 390, a. " Tralatitium, 388, b. " Vetus, 388, b. " Urbanum, 388, b. iiditor, 475, b. 'EcSm, 378, b. EUives, 917, a. EUocT^, 390, a ; 956, b. ElKoaTo\6yos, 390, a- Eipi7K,390, a. ElpEtrttdvrj, 821, a. Etadyeiv, 390, b. Ehayijiycis, 390, b. EhayycXia, 390, b. Elaiiilpta, 391, b. Eh4>ci>ctv, 392, a. Ela(l>opd, 392, a. ElaTTOtccaBat, 22, a. EiffTTotTjffiSj 22, a. ElaTrotrjTos, 22, a. 'HXaKOTTi, 464, b. Elxothesium, 148, b ; 482 a. •Elai.i, 392, a. *Elaia^nus, 393, a. *Elaiomeli, 393, a. ■EAa^ijfiAia, 393, b. 'E\a(pri8oXi/os, 512, V. 'Hfl^fe, 287, b. Eua, 697, a. EiacTfii, 697, a. Ehtpytaia, 359, a. Everriator, 462, a Erictio, 423, b. Evil Eye, 431, b. *Eulai, 421,a. Ei(nnim, 369, b. Ev(j)t]ixicl, 369, b. Euripus, 53, a ; 255, a EuaruXn;, 290, b. EvBviMia, 359, a. ElBvvri, 422, a. EvBiivoi, 423, a. Eu^ui/of, 1024, b. ^E\aytiiyi}s Slxtj, 424, ii *E^aip£'ffE(i)$ iUtj, 424, a ExaucLoratio, 638, b. Exauguralio, 424, b, Exceptio, 19, a ; 805, b. " Dilatoria, 19, I " Cognitoria, 19, a " Litis BividuEB, 19, . " Poremptoria, 19, a. " Rei Residue, 19, t Excubix, 223, b. Excubitores, 424, b. Executioner, 317, a. Exedrs,153,b; 514, b; 517,1 'ElrfyiiTat, 424, b. 'E^cyyvaaBai, 404, b. Exercitor Navis, 425, a. Exercitoria Actio, 425, a. 'EfEraffrai, 423, b ; 435, a Exhores, 499, b. Exhibendum, Actio Ad, 425 • 'EJir^pia, 435, b. Exodia, 425, b. 'EfaSas, 995, a. 'Efm,i(s, 426, a. 'Efio/imria, 426, b. Exoitra, 426, b. 'E^iicTpa, 426, b. 'EioiXris 61kv, 427, & Expeditus, 427, b. Exploratores, 905, b Exsequi^e, 459, a. Exsilium, 136, a. , Exsul, 136, a. Extispices, 488. a. Extispicium, 488, a. Extianoi Heredes, 407, b. Extraordinarii, 437, b. GENERAL INDEX. Bxveme, 46S, a. Einrix, 906, b. ■Faba, 427, b. Fabia Lei, 780, U Fabri, 428, a. Fabula Palliata, 300, b. Fabula Pratextata, 300, b. Fabula Togata, 300, b. Factiones Aurigarum, 256, a *FaguB, 428, a. FalK, 254, a. Falaiica, 489, b. Falcidia Lex, 574, b. Falsaiii, 428, b. Falsum, 428, a. FaU, 428, b. Familia, 429, b ; 887, a. Familise Emptor, 429, b ; 430, a. FamilitB Erciscunds Actio, 430, b. Familiaris, 430, a. Famosi Libem,539, b ; 537, a ; 609, b. Famulus, 429, b. Fan, 444, b. ^annia Lex, 934, a. Fanum, 957, b. ■Far, 430, b. Farreum, 623, b. Fartor, 430, b. Fas, 432, a ; 560, a. 'Fascelus, 432, a. Fasces, 431, a. Fascia, 431, b. Fascinum, 431, b. Fasciola, 43l,b. Fa'iti, 432, a. " Annales, 433, b. " Calendares, 432, a. " Capitolini, 433, b. " Coiisulares,433,b; 1076. " Dies, 362, a; 432, a. " Hlstorici, 433, b. " Sacri, 432, a. Fastigiuir... 433, a. Fauces, 517, b. Favete Liuguis, 369, b. Fax, 434, a. Februare, 603, b Februanus, 191, a; 003, b. Feciales. 437, b. 'Felis, 434, h. *Fel Terrji, 434, b. Felting, 778, a. Feminas, 1030, b. Feminalia, 435, a. Fenestra, 520, b. Fenus, 546, b. Feralia, 462, b. Ferculum, 435, a. Ferentarii, 104, a. Feretrum, 459, b ; 570, a. VirXj 435, a. " .s;stivK, 437, a. " Conceptiyffi, 435, b. " Benicales, 435, a ; 46S, a. " IraperativiB, 435, b. *' LatiiiEB, 436, b. " PriBcidaneiE, 437, a. " Private, 435, a. " Publicifi, 435, a. " SemeiitiviE, 436, b. " StativiE, 435, b. " Stultorum, 450, a. " Vindemiales, 437, a. Perre Legem, 580, a. •Ferula, 437, a. *Ferulago, 437, a. Feacennina, 437, a Festi Dies, 362, b. Festuca, 615, b. Fetialos, 437, b. Fibula, 438, b. Fictile, 439, a. Fictio, 441, a. *Ficns, 441, a. Fideicommissarins, 44!, b. F'deicommissai-ii Pi'ietores,442, b- Fideicommissum, 441, b. Fidejusror, 54 J, b. Fidepromissor, 541, b Fides, 605, b i 606, b Fidiculse, 443, a. Fiducia, 443, a. Piduciaria Actio, 443, i. Fidudaiius, 441, b. FigliniB, 443, a. " 7B Figulina Ars, 439, a. Figulus, 439, a. Filia, 277,b. Filiafamilias, 430, a. Filius, 277, b. Filiusfamilias, 430, a ^ 741, b. Filamen, 446, a. *Filix, 443, a. Filum, 446, a. Fimbrise, 443, b. Finis, «S0, a. Finium Regundorum Actio, 444, a. Fiscales, 476, b. Fiscalis Pisetor, 444, b. Fiscus, 444, a. Fistucatio, 1042, b. Fistula, 219, b ; 940, b. Flabellifera;, 444, b. Flabellum, 444, b. Flagrio, 445, b. Flagrum, 445, a. Flamen, 445, b. " Augustalis, ]28, a. " Diatis, 445, b. " Maltialis, 445, b. " Quirinalis, 445, b. Flaniinia Lex, 582, b. Flaminica, 446, b. Flammeum, 625, a. Flavia Agraria Lex, 582, b. Flexumines, 415, b. Floors of Houses, 519, b. Floralia, 447, a. Flumen, 878, b. Fluminis Recipiendi or Immit- tendi Servitus, 878, b. Focale, 447, h. Fuculus, 447, b. Focus, 447, b. Ffcderats Civitates, 448, a. Fo^demti, 448, a. Fcedus, 448. a ; 904, a. *F(Enum Gr^cum, 448, b. Fcenus, 546, b. Funiculus, 448. b. Follis, 448, b j 870, a. Foot (measure of length), 761, b. Forceps, 449, a. Fores, 525, b. Forfcx. 440, a ; 327, b. Fori, 252, b ; 893, a. Forma, 449, b. Formella, 449, b. Rirmula, 18, b; 19, b. Foruacalia, 450, a. Furnacula, 450, a. Fornax, 450, a. Fornix, 450, b. Forty, The, 450, b. Forum, 451, a; 813, b. Fossa, 31, b. *Fragum, 452, a. Framea, 489, b. Frater, 277, b. Fratres Arvales, 109, a. Praus, 787, b. *Fraxinus, 452, a. Prenum, 452, a. Fresco, 703, b. Frigidarium, 147 ; 148, a. Fringe, 443, b. Fritilius, 452, b. Frontalo, 54, b. Fructuaria Res, 1068, b. FrucCuaiius, 1068, b. Fructus, 1068, b. Prumentariifi Leges, 583, b. Frumentarii, 452, b. Fuous, 1063, a. Fuga Lata, 136, a. Fuga Libera, 136, a. Fugalia, 833, b. Pugitivarii, 864, b. Fngitivus, 884, b. Fulcra, 573, a. Fuller, 453, a. Fullo, 453, a. Fullonica, 454, a. Fullonicum, 454, a, FuUonium, 454, a. Fumi Imniittendi Servitus, 878, I. Funale, 454, a. Punalts Bquus, 332, b Fanambulus, 454, a. Funda, 454, b. Pundani, 448, b. Fundi ; 3rRB 454. b Fundus, 448, a ■, 465, a. Funerals. 455, b. Funes, 894, a. ♦Fungus, 455, b. . Funus, 455, b. " Ind'.ctivum, 459, a. " Plebeium, 459, a. " Publicum, 459, a. " Taciturn, 459, a. " Translatitiuin, 459, a. Furca, 463, a. Furoifer, 463, a. Fumaria, 1055, a. Furia or Fusia Canlnia Lex, 583, a ; 616, b. FuriosuB, 328, b ; 329, a. Furnace, 450, a. Fumus, 450, a. Furor, 329, a. Furti Actio, 463, b. Purtum, 463, a. " Concsptum, 463, b. " Manifestum, 463, b. " Nee Manifestum, 463, b. " Oblatum, 463, b. Puscina, 464, a. Fustuarium, 464, b. Fusus, 464, b. G. T. Gabinia Lex, 943, a. Gabinus Cinctus, 987, a. GiBBum, 465, b ; 469, b. ♦Gagates Lapis. 465, b ranrds, 465, b. Gains, 541, a. *Galactites Lapis, 465, b. *Gale, 465, b. Galea, 466, a. *raX£ds ^A.i7Tt]pias, 460, b. ♦FaXeoff Kviiiv, 466, b. *ritUds X£fot, 466, b. *raXelis 'PMios, 466, b. Galerus, 293, a. *Galiopsis, 466, b. ♦Galium, 466, b. Galli,46n, b. *Gallus. 467. a. P.iXiut, 31, a. Tatir/Xia, 468, a. raixnXtuiv, 190, a. Gambler, Gaming, 42, b. Vniidpoi, 471, b. Fu/Jti;, 618, a. VaYyaiiOV, 637, a. Ganea, 226, b. Garden, 510, b. Gates of Cities, 793, a. Gausapa, 468, a. Gausape, 468, a. Gausapum, 468, a. TcXiovTes, 1003, a. rcXaiTOTTOtoi, 733, a. Tivsiov, 138, a. Gener, 31, a. Fevma, 458, b. ♦Genista, 467, a. Ftv^grai, 25», b ; 1003, b. r^vof, 259, a; 259, b; 1003, b. Gens, 468, b. ^Gentiana, 471, b. Gentiles, 468, b. Gentilitas, 469, a. Gentilitia Saci-a, 469, b. Gentilitium Jus, 469 a. Tsti}n6poti 471, b. . Tivpa, 173, a. Te(Pvpi%civ, 396, a. TtipvptautlSf 396, a. Tepatpat, 365, a. ^Geranium, 471, b. ♦Geranos, 472, a. TEpavos, 524, a. rspavovXiciSt 524, a. Vepapai, 365, a. Germani, 277, b. Teptavta, 473, b. Fepovata, 472, b. rf(i^, 385, a. Gestatin, 511, b. ♦Geteium, 475, a. ♦Gechyllis, 475, a. ♦Geum, 475, a. ♦Gingidium, 475, a. Gingrus, 981, a. ♦Gitinus, 475, a. Girdle, 134, a ; 1073, a. ♦Gith, 475, b. Gladiatorium, 175, b. Gladiatoiea, 475, t Gladiators, 475; b. ♦Gladiolus, 478, a. Gladins, 478, a. Glandes, 455, a. ♦Glans, 478, a. Glass, 1058, a. *GlaKtum, 478. b. ♦Glaucium, 478, b. ♦Glaucus, 478, b. ♦Glaux, 478, b.' Gleba, 870, a. ♦Glechon, 478, b. rXaias, 1051, 1. ♦Glis, 479, a. Glos, 31, a. ' FAffiiwis, 981, b. ♦Glottis, 479, a. ♦Glycyrrhiza, 479, a. ♦Glycymeris, 479, a. ♦Glycyside, 479, a. rXu0«, 860, a. rXii^ij, 1051, b. ♦Gnapbalium, 479, a ♦Gnaphalus, 479, a Fva^sCSt ^^3f ^■ Vv^atog, 22, a. Tviium, 508, b ; 66i . ♦Gobius, 479, a. Gold, 128, a. Gomphi, 1043, a. rifil^os, 263, a. TopY^pa, 213, a. ViDpvrds, 315, a. ♦Gossipion, 479, a. Gradus, 53, a ; 763, Gradus Cognationis r77, b. Griecostasis, 912, a. Tpap.}iaTUOV Xti\iaf.\\K6Vi 34€ b ; 348, a. TpttiiixaTCvg, 479, a. Grammatophylacium, 945, a. rpaiiji/i, 593, a ; 909, b. Granary, 510, b. Ppn^i?, 479, b. Tpaipfi ^/a/ji'ou, 618, a. " iypaijilov, 33 b. " aypd^ov /iErrfXXou,^33 b " dotKlas TTodff rdv Qfu'.r 21, b. « " ^Xoy/ou, 45, a. " ?, 171, a. " hCXias, 342, a. " icKaajiov, 339, b. " SiipoSoKLai, 339, b. " Swpolevlast i071, a. " diipwv, 339, b. " ElpY/iov, 490, b. " irrtTpoTTtiSj 430, a " iraipi^ffEUis, 503, a. " upoavXiai, 504, a. " KaKoyaiilov, 618, a. " KaKiaoEuts, 184, b. " KaraXvoEtas tou i^futV' 223, b. " KaTaaKojTijSf 224, b. " KXoTrfjs, 278, a. " XEtirovaVTioVf 577, a " XEliroarpaTlov, 577, a. " XeiiroTa^hv, 117, a. " Utodiaactas oiKOv, 638, k " lioiYE'i'S, 24, a. " voiitafiaTOS Siafpdopat 662, a. " Uvlas, 1070, b. " d^iyii/i/ou, 618, a. " irupavoias, 731, a. " Jrapav(i/^(dv, 73 1 , b, " TrapaTipEoGElaii 732, a. " TrapEt(Typa0^S, 734, t " tipaayinYEUif^ 808, a. *' 7Podo(7(as, 811, a. " ^i;ropii[ii,838, a. " (TVKOipavTtas, 931, a. '■ rpauuaros ek nvo>0(jtt Oil^a. '^ TvpavviSoSt 811, , " (ifipEWS, 522, a. " fiToSoXSf. 523, b 1!13 GENERAL INDEX Taa^j) ^apjit^Kur, 766, b 771, b. ' " dtdvovi 769, a, b. " xlfEv6EYYPti^^Sj 819, b. " \l/evSoK\T]T£iuSf 820, a> Tpa^ijj ypa^iK)), 699, b. Graphiarium, 924, b. rpa^iV, 702, b. Graphium, 924, b Greaves, 676, b. Gregoriaaus Ccidex, 272, U Gremium, 1042, b. tpl4>os, 637, a ; 940, a. Vp0vi>Oftdxoh 489, b. rpnt ^^4, a. Hilaria, 504, a. 'IXapoTpaywdia, 994, b. ^lMi"-«,23'4, b; 894, a. *llxdVTES TTVKTtKol, 234, b. *Himantopous, 504, b. 'IftaTidtovy 717, b. njidTiov, 717, b. Hinge, 215, a. *llipparchu8, 504, b. 'lirirapixoaT^S, 98, b. *Hippelaphus, 504, b. ^Hippocampus, 504, b. HippodromoB, 511, b; 909, a. ^Hippolapathum, 504, b. *Hippomanes, 504, b. *Hippomaratham, 504, b. Hippoperx, 505, a. *Hippopha£s, S05, a. ^Hippophtestum, 505, a. ^Hippopotamus, 505, a. *Hippos, 505, a. *Hipposelinon, 505, a. *Hippouris, 505, a. *Hippurus, 505, a. Hirpex, 649, b. *Hirudo, 505, a. *Hirundo, 505, a. Hister, 506, a. 'Iffriov, 893, b. 'IffTuv, 953, a. 'ItTT^s:, 610, a; 953, a. Histrio, 505, a. ^OSoTioiot, 1043, b. 'OXkoScs, 891, a. "OA/tos, 1015, a. Holyday, 435, a. *OAo/cauT£?v, 845, h. Holoserica, 876, a. 'OAotr^upiyAaTa epya^ 610, b. Holosphyraton, 176, a. '0/£oy(£AoKT£ff,259,b; 1003, b. "Opioiot, 260, b. '0/ioAoy^a, 933, a ; 937, a. Honoraria Actio, 17, b. Honorarii Ludi, 601, a. Honorarium, 24, b ; 251, a. Honorarium Jus, 17, b ; 388, a. Honores, 507, a. Hoop, 1020, a. "OTrXa, 93, b. "OTrXriTESt 1003, a. •OffA/rat, 94 ; 99, b. Hoplomachi, 476, b. Hora, 507, b. Hordearium jEs, 30, a; 415, a. "OpKos, 668, b. 'StLpstov, 510, b. "Op/iOf, 641,b; 852, a. "Opot, 508, a. Horologium, 508, a. Horrearit, 510, b. Horreum, 510, b. Hortensia Lex, 785, b. Hortus, 510, b. "Octal, 688, b. 'OcridiTrjp, 688, U Hospes, 513, a. Hospitality, 511, b. Hospitium, 511, b iHostia, 645, b. Hostis, 412, a ; 600, a. Hour, 507, b. House (Greek), 513, b. House (Roman), 515, b. 'TaKivdia, 521, b. *Hyacinthu8, 522, a. ^Hyaloeides, 522, a. "YaXos, 1058, a. "Yfipswff ypa^^, 522, a. 'YdpaXiTTjs, 640, a. 'TSpavdst 395» *>. *IIydrargyru8, 522, a. *r5pa6Xvs, 522, b. 'YfipavXiKiiv ^pydfov, 522, b. "YopauAif, 522, b. 'r^m, 901, a. 'YSptaopia, 523, a. 'XipdneXi, 1054, b, 'YfSpoju^Aov, 1054, b. ^"YAij/irf Ti, 524, a. *YAwpo/, 523, a. > 'YAAeiff, 1002, b. 'YAwpoi, 523, a. Humare, 461, a, "XiratOpov, 958, b. "Yirattfpoff, 290, a. 'YTripai, 890, a; 894, a. TTTcpjJ^Epos, 404, a. 'TTTilpEiylaj 523, b. 'HmjpETrjs, 623, b. "YTTEpov, 642, b. ^YnEpiaov, 514, a ; 515, b. 'YTTEu'duvoj, 422, b. 'Y^dvTaiy 953, a. 'YTToHXvfia, 894, b. 'YttoBoXe^s, 968, b. 'YnoBoXJls YQdf^fi, 523, b. 'YTTOxaAiMOia, 452, b. 'YiroKpirfiS, 505, b. 'YTd&nita, 188, b ; 853, b. 'Yirdyaiov, 302, b j 457, a. 'YTrrfywov, 302, b ; 457, a. *Yiroypa0tV» 702, b. 'YToypa/ifiarcuf, 479, b. ^Y-noX^viov, 988, b. 'Ynojieiovest ^0, b. *Yiru/iO(rui, 354, b ; 3»S, k *Yn6vo^os, 327, b ^Ynontidtov, 978. b *Ytt6pxr}iiay 524, a. ^■jToaKrfviov, 969, a. 'Y-TroTiiijjais, 229, b. n:woldKopos, 1072, k ^Yitot^tafjiaTa, 893, 1 'YirriatTiJtds, 724, t Hurdle, 319, b. 'YavXvh 909, b. •Yffffdf, 489, a. ^YoTEpdiroTfiotf 458, a Hyacinthia, 521, b. Hydranct, 395, b. Hydraula, 522, b. Hydromelum, 1054, b. *Hyoscyamus, 523, a- *Hypericum, 523, b. Hypocaustum, 151, a Hypogeum, 302, b ^ 457, a *HvpogIosson, 524, a *HypolaSs, 524, a. Hypotheca, 775, a. Ilypothecaria Actio, 776, b ■*Hyasopus, 624, a. *Hystrix, 624, a. I., J. "laKXOfft 396, a. Jaculatores, 489, b. Jaculum, 489, b. Janitor, 527, b. Janua, 524, b. Januarius, 191, a. ^lasioue, 527, b. *Iaspachates, 527, b. *Iaspis, 527, b. latralipta, 527. b. latraliptice, 527, h ; 528, a 'larprfff, 630, a. latrosopbista, 528, a. *IberiB, 528, a. *Ibis, 526, a. 'Ichneumon, 529, a. IconiciB StatUEB, 917, a. "iKpio, 980, a. Idus, 193, a. Jentaculum, 274. a. "lySr}, 642, b. Ignobilis, 666, b Ignominia, 533, a , 6C5. ■ "IA»7, 100,b. Ilicet, 461, a. Imagines, 714, b. Imbrices, 952, b. Impeiidjum, 546, b. ImperativsB Feriffi, 435, b Imperator, 531, a. Im])erium, 530, a. i^mpluvium, 516, b. Imprisonment, 213, a Impubes, 531, a. In Bonis, 163, a. InaugnratJo, 532, b. Inauris, 533, a. Incensus, 212, a. Inceramenta Navi\im, 70B, k 704, b. Incestum, 533, b. Incitega. 533, b. Incorporalcs Ree, 374, b Incubatio, 376, b. Incunabula, 534, a. Incus, 534, a. Index, 588, b. *Indicum, 524, b. Indigitamenta, 791, a Induere, 48, a. Indumentum, 1024, a Indusium, lOZi, b- Indutus, 48, a ; 1024, a Infamis, f 35, a. Infamia (Greek), 536, a Iiifamia (Roman) 534, b. Infans, 537, b. Infantia, 537, b Inferiss, 462, h. Informer, 345, a. Infula, 538, a. Ingenui, 538, b. Ingenuita8, 538, b. Ingratus, 746, a. *Inguinalj5, 539, a. Inheritance (Greek), 493, b. Inheritance (Roman), 497 h Injuria, 539. a. Injuriarum Actio, 837 a 104% Ink! 191' b. GiLiVERAL INDEX. Am, SS6, a 'Ivoia, 53% t>. Inof&ciosum ToBtamentunii 965, a. Inquilini, 301, a [nquiliauH, 137, a. losania, 329, a, lasanus, 329, a. Inside, 539, b. Instita. 540 » JUistitor, 540, b. Institoria Aclio, 540, b Institutiones, 540, b. Znstitutoria A.:;tia 51% ti. £nfiula, 519, a. Intaglios, 860, a. Intentio, 19, b ; 30, a. jite^um Restitutio, In, 834, b. .ntercalary Month, 190, a : 191, b ; 194, a. Intercapedo, 149, a. Intercesslo, 542, a ; 541, a. Intercisi'Dies, 362, b. IntercoIuDiuia, 60, b. Interdictio Aqam et Ignis, 137,a. Tnterdictam, 542, b. " AdipiscendiE Pos- aessioris, 543, b. " Possessor! um,543, b. " de Precario,543, a. " Prohibicorium^ Q43,b " quorum Bonorum, 831, a *' RecuperandBePos- Bessionis, 543, b. " Restitutorium, 542, b. " Retinendse Pos- sessionis, 543, b. " Salvianum, 543, b. " Sectorium, 543, b, " ■UtiPossidetis,543, b. «* Utrubi, 543, b. Interest of Money, 544, b. Intergerivus, 736, a. Internundinum, e6&, a. Interpres, 54S, a. Interregnum, 546, a. taterrex, 548, a. Interola, 1024, b. Intestabilis, 5-i8, b. Intestato, Heredi^-atis Ab,497,a. Intestatus, 497, b. *Intubum, 548, b Intusium, 1024, b. *Inula, 549, a. laventarmm, 500, a. Investis, 532, a. *lon, 549, a. *Ionia, 549, a. 'Ids, 847, a. *Iphyon, 549, a. 'Iwvtff. 568, e. *Tps, 549, a. 'ipriv, 390, a. Irpex, 549, b. *Iris, 549, a. *Irpex, 549, b *Isatis, 549, b. Iselastici Ludi, 120, a. HaoKoXiTEia, 259, a. *Isopyron, 549, b. ^laoHXeta, 259, a. •ifforcAets, 259, a. 'laepiia, 549, b. Isthmian Games, 549, b. Italia, 282, a ; 813, a. Italy, 282, a. Iter, 879, a; 1041, b. Itiueris Servitus, 878, b. 'Idvtbanoi, 363, b. *lTi.s,331,b. Jubers, 871, a. Judex, 550, b Judex Ordinarius, 554.. a Judex I'edaneus, 654, a. Judex Qu!£8tioiiis, 552, a. Judffes '(Greek), 321, b; SS"?, a; 407, a. 'udges (Roman), 550, b. Judicati Actio, 554, a. *udices Edititij, 552, a. Judiuia Duplicia, 430, a Judicia Extmordinaria, 551, b. Judicia Legitima, 530, a. Judicia Quifi Imperio, 530, a. Jadicium, 650. b. JudiciiUL?opuli,551,b; 552, b. Judicium Privatum, 551, b. Judicium Publicuin, 551, b. Jugerum, 554, b. Jugum, 564, b. Jugumentum, 62, b ; 524, b. Juliffl Leges, 555, b, Julia Lex de Adulteriis, 23, h. " Agraria, 555, b. " de Ambitu, 46, b. " de Annona, 555, b. *' de Bonisi Cedendis, 555, b. " Caducaria, 555, b. " de Cffido et Venefi- cio, 555, b. " de Civitate, 261, b ; 446, a ; 555, b. ** de Fcenore, 555, b. " de Fundo Dotali, 555, b. " Judiciaria, 553, a : 555, b. '* de Liberie Legatio- nibus, 576, b. " Majestatis, 609, a. " Municipalis, 556, a. " et Papia Poppxa, 556, a. " Peculatus, 748, b. " et Plautia, 557, a. " de Provinciis, P15, b. '- Repetundarum, 834, b * de Residuis, 748, b. ** de Sacerdot jis, 557,a. " deSacrilegis,748,b; 846, b. " Sumtuaria, 557, b : 934, b. " Theatralis, 657, b. " et Titia, 557, b. " de Vi Publica et Pri- vata, 1058, a. " Vicesimaria, 1046, a. Julius, 196, b. *J uncus, 557, b. Junea or Junia Norbana Lex, d69,a;563,b;589,a;6I6,b. Junia Lex, Repetuudarum, 834, a. Juniores, 296, a: 1007, b: 1008, a. *Juniperus, 557, b, Junius, 191, a. Jura in Re, 374, b. Juramentum, 670, a. Jure Actio, In, 559, b. Jure Agere, 18, b. Jure Cessio, In, 557, b. Jureconsulti, 568, a. Juns Auctores, 558, a. Jurisconsulti, 558, a. Jurisdictio, 569, a. Jurisperiti, 558, a. Juri8T}rud«a«fls, 558, & Jua, 559, b. " jElianum, 562, a. " Annuli Aurei, 639, b " Annulorum, 839, b. " Applicalionis, 137, a. " Civile, 569, b. " Civile Flavianum, 562, a. " Civile Papiriahum ur Pa- pisianum, 562, a. " Civitatis, 260, b. " Commercii, 261, a. " Conuubii, 261,a. <' Edicendi, ^88, a. " Fetiale, 438, a. *■ Gentilitium. 469, a. " Gentium, 5£ 9, b, " HonorariuiTi, 388, a. " Honorum, 261, a. " Italicum, 281, b. " Latii, 261, b ; 568, b. <' Libtirorum, 557, a. " Naturale, 559, b. " Non Scriptiim, 560, b. " Pontificium, 560, a; 791, b ; 792, a. " Postliminii, 799. " Prtediatorium, 804, b. " Pi-aetorium,388, a; 560,b. " Privatum, 261, a; 561, a. " Publicum, 261, a; 561, a. " Quiritium, 261, a; 561, a. " Relationis, 869, b. ** Respondendt, 558, b. " Scriptum, 560i b. Jus Senatns, 867, a. Jus SufTragiorum, 261, a. Jus Vocatio, In, 18, a. JuBJurandum, 670, a. Jusjurmndum Calumnis, 203, b. ^Jusquiamus, 562, b. Justa Funera, 459, a. Justum, 562, a. JustinianeuB Codex, 273, a. Justitium, 462, b. Jussu, Quod, Actio, 562, b. *Iynx,562,b. E. See C. L. A. Labarum, 897, a. Aa6^, 211, b. *Labrax, 562, b; Labrum, 149, b. *Labrusca, 563, b. Labyrinthus, 563, a. Lacerna, 563, b. Laciniie, 564, a. Laconicum, 144, a ; 149, a ; 160, a. ^Lactuca, 564, b. Lacunar, 520, b, Lacus, 74, b ; 219, a. ^Ladanum, 564, b. Ladders, 856, b. Lxna, 565, a. LiBsa Majestas, 609, a. Lagens, 1052, a. AaytaSdXoSt 748, b. *Lagopus, 565, a. ^Lagopyrua, 565, a. *Lago8, 565, a. *AaYtas ^oXdrTioe, 565, a. Aal^os, 1037, a. ''^Lamia, 565, b. AaftTTaSaqxia, 565, b. AanTiaSjjopOfita, 565, b. Aa^Tra^T^^opiu, 665, b. Aai£Ka6rjq>6poi, 566, a. AaimaSovxos SLytiv, 565, b AafiTrds, 565, b. Lamps, 599, b. *Lampsine, 566, b, Lancca, 489, a. Lancula, 566, a. Lanarius, 778, a. LaniQcium, 953, a. Lanista, 475, b. Lantprna, 568, a, LanteiiiB, 566, a. Lanx, 566, a. '^Lapathum, 566, b. Ad^pta, 567, a. Lepicidinae, 570, a. Lapis Specularis, 521, a. Laquear, 520, b. Laqueatores, 476, b. Lararium, 567, a. Lareutalia, 567, a. Larentinalia. 567. & Aapicraoiraioi^ 946, a. Largitio, 46, a. AdovaKES, 466, b. *Larus, 567, b. Larva, 758, a. Lata Fuga, 136, a. AaTayeTov, 317, b. AdTai, 317, b, *Latax, 567, b. Later, 567, b. Laterculus, 567, b. Latema, 568, a. Liticlavii, 264, a- Latii Jus, 568, b. Latium, 566, b. Latinx Feris, 436, a. Latinitas, 568, b. Latinus, 261, a. *Latos, 569, b. Aar^eiff, 751, a. Latrina, 146, b. Latrunculi, 569, b. Latus Clavus, 264, a. Laudatio Funebris, 459, b. Aavpai, 563, a, Laurentalia, 567, a. Lautia, 575, b. Latomiie, 570, a. Latumiae, 570, a, Lautumiffi, 670, a. I.autumiffi, 670, a. *Laver, 570, a. Law, 559, b ; 662, b AiSrji, 658, b. AtKivi], 317, b , 740, t» AcKdvtovt 740, h. Aevipva, 493, a. Aexos, 572, a. Lectica, 570, a. Lecticarii, 571, a. Lectisterniura, 571, b AiKTpov, 572, a. Lectus, 572, a. Lectus Funebris, 570, a AijKudoi, 456, a. AjiSdptov, 720, a. AtjSos, 720, a. Legacy, 573, a. Legatarius, 573, b. Legatio Libera, 576, b. Legatum, 573, a. Legatus, 575, b ; 815, b. Leges, 579, b. Leges Centuriatse, 579, b, Jjeges Curiatffi, 679, b. Legio, 102, b ; 103. Legis J.ctioncs, 16, b. Legis AquilisB Actio, 337, a Legitima Hereditas, 497, t 499, a. , Legitimte Actiones, 16, b *Legumen, 576, b *Lei_monium, 577, a. *Leiobatos, 577, a. AexTToiiapTvptov Siicriy 626, b. AenrovavTiov ypa<})^, 577, a. AttirotjTpanov ypa^J?' 579, a AeiTOToiiov ypaib/t, 117, a. A^iTov, 818, b. AciTovpyia, 577, a. *Lemnia Terra, 577, b. *Lemna, 578, a. Lemniscus, 576, a. Lemuralia, 678, b. ' Lemuria, 578, b. Lenxa, 364, b. Aijvaia, 364, b. Lenocinium, 535, a. At/voi', 456, b. At/voV. 986, a. *Leo, 578, b. Acovi6cla, 579, a. *Leonftopetalon, 579, a *Leontupodion, 579, a *Leopardus, 579, a. AiiraSva, 332, b. *Lepas, 57y. a. *Lepidium. 579, a. *Lcpis, 579, a. Lepta, 30, a. Leria, 593, a ; 1025, a. Lernaa, 679. a. Arjpoi, 593, a loaai o. • Lcssus, 453, ^. Leuca, 762, b. ■*Leucacantha, 579, b. *Leucas, 579, b. *Leuce, 579, b. ^Leucoion, 579, b. Leuga, 762. h. Levir, 41, a. Lex, 579, b. " Acilia, 834, a. " Acilia Calpurnia, 46, b " jEbutia, 17, a; 389, b' 581, a. " JEh&, 581, a. " ^liaSentia,27,a; 6I6,a " .Emilia, 581, a. " Emilia Btebid, 46,b ; 581, b. ' " Mmilia, Lepidi, 934, b. " JEmilia Scauri, 934, b. " Agi'arix, 33, a ; 581 . b. " Ambitus, 46, b. " Annalis or ViUia, 25. o. " Antia, 934, b. " Antonite, 581, b. " Apuleia, 541, b. " Apuleia Agraria, 581, b. " Apuleia Frumentaria, 681, U " Apuleia Majestatis, 609, b " Aquilia, 337, a. " Atemia Tarp6ia, 581, b " Atia de Sacevdotis, 58i/ak " Atilia, 557, b ; 1029, a.' " Atinia, 581, b. " Aufidia, 46,b. " Aurelia, 553, a ; 998, b. " Bffibia, 581, b. " BiEbia^milia,46,b; 582,bi " Ctecilia de Censoiibui of Censoha, 561, b. 1115 GENERAL INDEX- tax Caecilia da Vectigal jus, sei, b ; 794, b. " CffioiliaDidia, 582, a. " Calpurniadc Ambicu,46,b. >' Calpurnia do Bcpetundis, 633,1). " Canuleia, 582, a. Cassia, 582, a. " Cassia AgrarJa, 582, a. " Cassia Tabellaria, 943, a. " Cassia Terentia Frumen- taria, 582, a. **' Cinciii, 251, a. '' Claudia, 582, a ; 1029, a. " Clodiffi, 582, a. " Ccelia or Cielia, 943, a. ** Cornelia Agraria, 583, a. " " de Falsis, 428, a. " " delnjiiriis,539,a. " " Judiciaria, 582, b. " " Maje8tatis,609,b. " " Nummaha, 42^ a, b. " " de Farricidio, 309, a. " " de Proscriptione et Froscriptis, 812, a. " " de Sacerdotiis- 790, b. " " de Sicariis et Ve- neficis, 308, b. " " Sumtuaria, 934,b. " " Testamentarirt 428, b. " " de Vi Fublica, 1058, a. " '* TJnciaria, 582, b. " " BiEbia, 562, b. " " Fulvia, 46, b. " DIdia, 934, a. " Domitia de Saccrdotiis, 790, b. " Duilia, 582, b. " Duilia Mxnia, 582, b. " Fabia de Plagio, 780, b. « Falcidia, 574, b. " Fannia, 934, a. " Flaminia, 582, b. ** Flavia Agraria, 582, b. ** Frumentariie, 582, b. " Fufia de Religioiie, 583, a. " Fufia Judiciaria, 553, a. '' Faria or Fbsia Caninia, 583, a; 615, b. " Furiade Sponsu, 541, b. " Furia or Fusia Testamen- i aria, 574, b. " Gabinia Tabellaria, 943, a. " Cs^tinix. 583, a. " Gallihj Cisalpiu£, 585, a. " Gellia Cornelia, 583, a. " Genucia, 583, a. " Hieromca, 583, a: 813, b. " Horatia, 583, a. " Hortensia de Flebiscitis, 785, b. " Kostilia do Fastis, Sf^S, a. " Icilia, 583, a. " Juliie, 555, b. " JuniadePeregrinis,583,a. " Junia Licinia, 583, b. " Junia Norbana, 569, a ; 583, b ; 589, a. '* Junia Repetundarum, 834, a. " Junia Velleia, 583, b. ■• Laetoria,* 328, a ; 583, b. " Licinia de Sodalitiis, 46, b. " Licinia Junia, 583, b. *' Licinia Mucia de Civibus Regundis, 583, b. " Licinia Sumtuaria, 034, a. " LiciniieRiigatioDe8y841,a. " LiviiB, 583, b. " Lutatiade Vi, 1058, a. " Mifitiia, 583, b. " Majestatis, COO, a. •' Man'il'i de Coloniis,583,b. -* Manilia, 583, h. *' Manliade Vicesima,617,a. " Marcia, 584, a. " Maria, 564, '^. *' MemmjaorRemmia,203,a. " Mensia, 581, a. *' Minucia, 5B4, a. " Octavia, 584, a. " Ogulnia. 584, a. •* Oppia, 934, a. * More correctly, Flie^oria.) 1116 Lex Orchia, 934, a. " Ovinia, 584, a. " FapmdoPeregrinis,583,a. " Pajiia FsiipsBa, 556, a. " Fapiria or Julia Papiriade Mulctarum .^stimatione, 584, a. " Fapiria, 584, b. " Fapiria Flautia, 584, b. " Fapiria Fcetelia, 584. b. " Fapiria Tabellaria, 943, b. " PeducEea, 584, b. " Fesulania, 584, b. " Petreia, 584, b. " Fetronia, 584, b. " Finaria, 584, b. " PlffitoriL, 328, a; 584, b. " Plauti* orPlotia de Vi, 1058, a. " Flautia or Plotia Judicia- ria, 584, b. " Pcetelia, 584, b, " Fffitelia Papiria, 584, b ; 657, b. " Fompeia, 584, b. " " dcAinbitu,46,b. " " Judiciaria, 553, a. ** " de Jure Magis- tratuiim, 553, a ; 584, b. " " de Farricidiis, 30t\ a. " « Tribunitia, 584, b '* " de Vi, 585, a; 553 a. " Popilia, 584, a ; 585, a. " Forcise de Capite Civium, 585, ii. " Forcia de Provinciis,585 a. *• Fubliria, 585, a. " PubliUa de Sponsjribus, 542, a. " FabliliadeComziiw,823,a. " Publilise, 823, a. " Pupia, 585, a. " Quintia, 585, a. " Rcgia, 833, a. " Regiie, 562, a. " Rcinniia, 203, a. " Repetundarum, 833, b. " Rhodia, 585, a. '* Roscia Tlieatralis, 585, a. " Rubria, 585, a. " Rupilis, 585, b ; 813, a. " Sacratie, 585, b. " Satura, 580, b ; 855, a. *' Scantinia, 585, b. " Scribonia, 585, b. " SemproniiE, 864, a. " SeniproniadeFcEnore,586, a. " Servilia Agraria, 586, a. " Servilia Glaucia de Civi- tate, 834, a. " Servilia Glaucia de Repe- tundis, 834, a. " Servilia Judiciaria, 553, a ; 586, a. " Silia, 586, a. " Silvaniet Carbonis,584, b. " Sulpicise, 586, a. " SulpiciaSempronia,586,a, " Snmtuariifi, 934, a. " TabellaritE, 943, a. " Tarpeia Aternia, 581, b. " Terentilia, 586, a. " TestamentariiB, 586, a. " Thoria, 977, b " Titia, 586, b. " Titia de Tutoribus, 586, b. " Trebonia, 586, b. " Tribunicia, 998, b. " TuUiade Ambitu,.46, b. " Tullia de Legatione Libe- ra, 576, b- " Valeriffi, 1033, b. " Valerias etHnratiB3,1034,a. " Valeria de Provocatione, 1034, a. " Valeria de Proscriptione, 812. a. " Varia, 609, b. *' Vatinia de Provinciis, 586, b, •' Vatinia de Colonis, 586, b. «' de Vi, 1058, a, " Viaria, 586, b; 1043, b. " Vicesimaria. 1046, a. •' Villia Annahs, 25, b. Lex Viaellia, 586, b ; 840, a. " Voconia, 1064, b. AsXtapxiKbv ypafiutaTeiov, 346, b ; 346, a. Lexiarchs, 385, a. Afjhs, 358, a. AioavofiavTeia* 369, b *Libanotis, 586, b. ^Libanolus, 587, a. Libatio, 846, a. Libella, 349, a ; 589, b. Libellus, 587, a. Liber, 587, b. Libera Fum, 136, a. Liberales l.udi, 366, b Liberiilia. 366, b. Li^eralis Cruisa. 115, b. Liberalis Manns, 115, b. L'beralitas, 46, a. Liberi, 538, b ; 5&9. a. Libertus (Greek), 589, a. LibertUB (Roman), 588, b Libertinus, 5S8, b. LibitJnarii. 459, a, Lilira, 589, b. IJbra or As. 590, a. Libraria, 158, a Librarii, 501, a. Library, 158, a. Librator, 591, a. Libripens, 612, &. Libuma, 591; b. Libm-nica, 591, b. Aixds, 763, b. *Licben, 591, b. Licia, 955, a. Liciatorium, 955, a. Licini-'i Lex de Sodalitiis, 46, b. Licinia Juiiia Lex, 583, b. Licinia Mucia Lex, 583, b. Licinia Lex Sumtuaria, 934, i. Licinite Rogationcs, 841, a. AiKn6s,)0Zi,h. AtKVov, 364, b; 1034, b. AiKvb(f)6pog, 364, b ; 1035, a. Lictor, 592, a. Lighthouse, 767, a. Ligo, 592, a. Ligula, 592, a ; 889, b. *Ligusticum, 592, b. *Ligustrum, 592, a. *Lilium. 592, b. Lima, 592, b. Limbua, 592, b. Limen, 524, b ; 525, a ; 799, a Limes, 38, b. Limitatio, 38, b. Limus, 929, b. Linea, 593, a. *LinospaTtum, 593, b. *Linospermum, 593, b Linteamen, 718, b. Linteones, 953, a. Linter, 593, b. Linteum, 718, b. Linum, 944, a. *Linum, 593, b. *Linum Vivum, 593, b. ♦LipariEUS Lapis, 593, b. Liters, 693, b. Jjiterarum Obligatio, 673, a. Literati, 887, b. *Lithargyrus, 594, a, *Lithospermum, 594, a. Lithostrotum, 520, a ; 705, a. AtdoTOfilat, 570, a. Litis Contestatio, 594, a; 674, a. Litis Dividus Exceptio, 19, a. AiToa, 594, b. Litters, 570, a, Liturgies, 577, a^ LituuB, 595, a. Lixffi, 203, a. Locati et Conductl Actio,595, a< Locatio, 595, a. Locator, 595, a. AoxfiyoU 952, a. Afixoff, 952, a ; 1012, a. Loculus, 460, a. Locus EfFatus, 957, b. Locus Liheratus, 957, b. Lodix, 595. b. AotTpSvt 598, a. Aoyciov, 968, b. AoyitTTai, 33, a ; 423, a AoyioT^ptov, 433, b. Aoyttrr/ii, 190, a. Aoyoypil^oi, 595, b. AoyoTTotnl, 595, b. AotSuL 346 » AotSopiat Stktjt M, * A6yxVy ^89, a. Aoyxoddpif, 488, b *Lolium, 506, • *Lonchitis, 5iKi, a Louking-glass, 905. a Loom, 953, a. Awin], 596, a. Aiiimov, 596, a. AuTTO?, 596, a. Aa>To5iin;s", 596, i. Arf0off, 466. a. Lorarii, 445, b. Lorica, 596, a. Lots, 904, b. Aourijp, 598, b- Aouri7pi0V, 598, b AovTpov, 598, a. AovTpov, 190, a. Mourning for the Dead, 458. b : 462, b. MovcEia, 643, a. Motf7£?oi', 644, a. Mouffijc^, 644, b. Moustaches, 651, a. Muciana Cautjo, 227, a. MvKTvpES. 397, b ; 599, b. Mulier, 1030, b. MuUeus, 744, b. MyXoff, 639, b. Mulsa, 1054, b. 1/alium, 1094, h. Multa, 788, a. Munerator, 475, b Municeps, 283, a, Municipes, 1072, a Municipium, 283, a , 449, i Munus, 507, a; 475, b. ♦Muraena, 643, a. Muralis Corona, 311, a Muries, 1040, b. M{tpftr]Kes, 235, a. Murrea Vasa, 643, b. Murrhina Vasa, 643, i, Mu^^tviTT/f, 1054, a. MuiTia, 734, b. *Mus, 643, b. Muscarium, 445, a. Musculus, 643, b. Museum, 644, a. M^cia, 651, b. Music (Greek), 644, a. Music (Roman), 650, a Musica Muta, 728, b. Musivarii, 715, a. Musivum Opus, 520, a i 71A *Musmon, 651, a. Mustaceum, 625, a. Mufftayw/fSf, 396, a ; 421, b Muffroi, 395, b ; 396 » MiJffTa^, 651, a. *Muste]a, 651, a. . MuoT^Tpioi/, 652, a. MuorAjy, 344, a. MvoTpovt 344, a ; 65», b M.6aTpos} 344, a. Mustum, 1051, a. Mutationes, 615, a. Mutui Actio, 651, a. Mutus, 673, a ; 960, b. Mutuum, 651, a. Mi5^«(, 397, b ; 599, b. *Myagi-um, 651, b. *Myax, 651,b. *Myliie, 651, b *Myops, 651, b. *Myosotis, 651, b. *Myrica, 651, b. ♦Myrmex, 651, b *Myrus, 651, b. Mvsteria, 652, a. *IV[ysticetus, 652, b Mystrum, 652, b. *Myxon, 653, a. *Myzon, 653 a. Nffinia, 459, b. NaiSiov, 457, b. Nail, 263, a. Names (Greek), 659, a. Names (Roman), 659, b Nadst 958, b. *Napy, 653, a. ♦Narcissus, 653, a. *Nardus, 653, a. *Narc6, 653, a. *Narlhex, 653, a. Narthecia, 1062, b. Natalitii Ludi, 601, b. Natalibus Restitutio, 538, to Natatio, 148, a. Natatorium, 148, a Naturales, 774, a. Navalia, 653, a. Navalis Corona, 310, b. Navalis Scriba, 859, a. "Naoapxioij 653, a. Na^apxoSt 053, a. Navarchus, 653, a. NavKXijpoij 938, a. "NavKpapia, 653, b. NaiKpapos, 653, b. Navigium, 889, b. Navis, 889, b. Naumachia, 654, a. Naumachiarii, 654, a NuCff, 859, b. Nauta, 425, a. NaiiTiKol ovyypa^aij 546^ k "^avriKdv, 545, b. *NautiIuS, 654, b. 'NavToSUat, 654, b. Ncbris, 655, a. Nebi'itea, 655, a. Necessarii HereJcs, 497, b Necklaces, 641, b. 'NEKp6Set:Tvov, 458, a. NEKpoduTTTai, 459, a. NcKvoia, 458, b. Nefasti Dies, 362, b. 1117 GENERAL INDEA. NcfLliva Actio, 3JS, b. Negatoria Actio, 302, b. iVcgligentia, 326, b. Negotiorum Gestorum Actio, 655, a. ^etiaiat 655, b. Ni^Ea, 655, b. Neniean Gaines, 655, b. NeusTu, 655, b. Kenia, 459, b. NEBeifpoi, 26, a ; 1072, b. SeoSaiiMsis, 260, a; 492, i HeofvXaKsst 959, a. Ktiiipia, 653, a. HeiimoiKDi, 653, a. Nsuf, 958, a. ^Nepenthes, 656, a. Nepos, 277, b. , ^feptis, 277, b. Neptufialia, 656, a. •Nerion, 656, a. Xeroniana, 830, b. ■"Nerites, 656, a. VtjcTEla, 976, a. Nets, 836, a. Nexi, 656, b. Nexum, 656, b. Nimbus Vitreus, 658, b. *Nitrnm, 658, b. Nix, 658, b. Nobiles, 666, b ; 744, a. Nodus, 659, a. Nomen, 547, a. Nomen Latinum^ 9C3, a. Nomen (Greek), 659, ■\. Nomen (Roman), 659, b. Nomenclator, 46, a. N(i/itff/ia, 641, b. NojitajiaTOS AiaAdopai f '^^17, 662, a. "NoiioAvXaKESf 662, a. miios, 662, a. Sdixodinis, 663, b. Nona!, 195 ; 196, a. Norma, 664, a. Nota Censoria, 664. a. Notarii, 591, a. Notatio Censoria, 664 V. Notitia Dignltatum, 666, » Nii)7o0i!pos, 378, a. Novacula, 139, a. Novale, 80, b. Novatio, 674, a. Novelist, 666, a. NovelliB Constitutionea, 6bi^ November, 191, a. Novendiale, 462, a ; 666, a. Noverca, 31, a. Novi Homines, 666, a, b. Novi Operis Nuntiatio, 686, « ^ovpiijvia, 190, a. *Noumenius, 666, b. Noxa, 666, b. Noxalis Actio, 666, b Noxia, 666, b. Nucleus, 1042, b. Nudipedalia, 189, a. Nudus, 667, a. Nunieratio, 868, a. Nummularii, 634, a. Numulaiii, 934, a. Nummus or Numus, 888, b. Nu/i^uywyiJs, 620, a. Nli/i0«UT/)s, 620, a. Nuncupatio, 963, b. Nundinx, 667, a. Nundinum, 668, a. Nuntiatio, 126, b ; 686 a. Nuptia:, 622, a. Nuius, 30, b. NiiiKra. 909, b. *N)-cteris, 668, a. *Nycticorax, 668, a. *Nymplia2a, 668, a. O. Uars, 893, a. Oath (Greek), 668, b. Oath (Roman), 670, a. 'aSai, 473, b ; 1003, a, Obeliscus, 672, a. Obelisks, 672, a. '06e\6s, 672, a. Obligatio, 674, b. Obligaliones, 672, b. Oboliis, 380, b. Obrogare Legem, 580, a. Obsidionalis Corona, 309, b Obsouium, 686, b, Occalio, 832, a. 1118 Occupatio, 676, b 'Oxavr,, 268, b. 'Oxavav, 268, b. 'Oxviw, 1036, a. *Ochne, 676, b. *Ochra, 676, b. 'Ochrus, 676, b. *Ocimoeides, 676, b., *Ocimum, 676, b. Ocrea, 676, b '0Kpi6avTES* 968, b. 'OKpiSas, 702, b ; 968, b, 'OKratrruXoff, 290, a. Octavse, 1036, a. Octavia Lex, 584, a. October, 191, a. October Equus, 717, b. October-horse; 717, b. Octophoron, 571 , a. 'OSovrdypa, 449, a. ^OSovrdrpiuaaj 349, b '0«, 677, a. CEcns, 517, b. *(Enanthe, 677, a. *aSnas, 677, a. (Enomelum, 1054, b, . CEnophorum, 677, a. CEnophorus, 677, b. ♦CEnothera, 677, b (Esipum, 1063, a *CEstriis, 677, b. Offendiouliini, 67, b. , Offendix, 67, b. _ Officium Admissionis, 22, a. '0)'Wioi',975, b. Ogulnia Lex, 584, a, OlaKov^iios^ 480. b. OiaKOfTTptSi^os, 480, b, Ok^/iara, 514, b, Ohirvs, 881, a. Ohia, 937, b. Oki57, a. Orca, 801, a. "Opx*;*"?! 650, b. Orchestra, 968, a. 'OfrxvdTvs, 850, b. Orchia Lex, 934, a. ♦Orchilus, 695, a. *Orchis, 695, a. Orcinus Libertus, 616; a. Orciniis Senator, 616, a ; 665, b. Ordinarii Gladiatores, 476, b. Ordinarii Servi,684, a; 867, a. Oi-dinarius Judex, 554, a. Ordo, 695, b. Ordo Decurionura, 282, b ; 695, b. Ordo Equestris, 417, a ; 695, b ; 687, b. Ordo Senatorius, 687, b ; 695, b ; 866, b. Ores, 452, b. *Oreichalcum, 695, b. *Oreoselinum, 695, h. Organ, 522, h. Organist, 522, b. Organum, 522, b. "Opyia, 652, a. 'Opyuirf, 763, b. Orichalcnm, 177, a, *Origanus, 695, b. Orlginarii, 801, a. Oi-namenta Triumphalia, 1019, a. Omatrix, 695, b. ^Op666upoVt 763, b. *Orobanche, 696, a. »Orobos, 696, a. *Orospizo8, 696, a. *Ortygometra, 696, a. *Ortyx, 696, a. *Oryx, 696, a, *Oryza, 696. a. "tts, 439, b. ^Slcxofipta or'Oaxo'P'iptat 696, a, 'OaxodiSpoi, 696, a, Oscine's, 130, b. Oscillum, 696, b. Ostentum, 810, b. Ostiarium, 696, b. Ostiarius, 516, b. Ostium, 516, b; 524, b. Ostracism, 135, a. ^OtTTpaKtoVi 439, a. "OffTpa/coK, 135, b; 439, a. *Ostracoderma, 696, b. *Ostreum, 696, b. *Ostrites, 697, a. *Ostrya, 697, a, 'Oe<(r,,7]8,b. 'Oddpiov. 718, b. *Otis, 697, a. Ova, 253, b. Oralis Corona, 311, b. OZas, 439. b. Ovatio, 697, a. OTfof, 524, b. Oven, 450, a. Ovile, 297, a. Ovinia Lex, 584, a, *Ovis, 697, b. OiiXo/io/, 98, b. OtXdxDra!, 646, a. Oi\oxiTai, 846, a. Ounce, 1062, a, OtiYKta, 1062, a. Oiyyia, 1062, a. Ovpavta, 770, a. ObpiaxoSt 468, b. OiaUt liKti, 427, « 'Oils, 13, b. •Ofos, 1053, b. •OlvSaitov, 13, b. 'oUSaiail, 13, b. 'O^ii/iEXi, 1054, b. P. n. *. » Factio, 675i a, b. Pactum, 675, a, b. *Fadus, 697, b. Psan, 697,b. Pxdagogia, 698, b. Piedagogium, 698, b Piedagogus, 698« a. ♦Fsderos, 698; b. Fienula, 698, b. *FiEOnia, 699, a. Paganalia, 690, a. Pagani, 699,, a'. Paganicd, 777, b Pagi, 699, a. Ilatdv, 687, b. HaiSayuy^St 698, a. ■ HatSovdfiost 696, a. Ilaidorpi^a^, 483, 1» naiSoTOo^ia, 621, a Xlat/jti)Vi 697, b. Fainting, 699, b. Ilaiiiv, 697, K Fala, 715, b. Faliestra, 716, a. HdXauTfia, 716, b. Ua^ataiioavvTj, 7\6, b. naXai(Tri7, 763, b. llaXaiarpa, 716, a. naXaicrpoAvXakest 484, «- Palaria, 721, b. Palatini Ludi, 601, b. Pale, 716, b. ndXv,'ie,'b. ■ TlaXtyKaTTtiXos, 226, a. Falilia, 717, a. Falimpsestus, 588, b, Falla, 717, b. naXXa/t^, 301, b. naXXam'f, 301, b. Falliata Fabula, 300, b. Falliatus, 720, b. Palliolum, 717, b. Fallinm, 7J7, b. Falmipes, 763, a Falmus, 763, a. Faludamentum, 720, b. Paludatus, 721, a. Falus, 721,b. XlafjiSoitaTia, 721, b. lidii/iaxoi, 724, a. IIdfLFanthera, 728, b. Fantomimus, 728, b *Fapaver, 729, b. Paper, 587, b ; 588, a. Papia Lex de Peregrinis, 5W, 1 Papia Poppiea Lex, 556, a. *Fapilio, 729, b. Papiria Lex, 584, a Papiria Plautia Lex, 584, b. Papiria Pcetelia Lex, 584, b. Papiria Tabellaria Lex, 94B,k Papyrus, 567, b. 'Papyrus, II., 729, b. Par Impar Luderc, 729, 1 . Parabasis, 300, a. ilapaSdXtov, 729, b IlnpiieoXov, 729, b. HapaKaraSdWetv, 495, b. ITopa^arafioXiJ, 731, a. HapaKUTad^Kt], 731, a. UapaKaTadnKtis StKtjj 73], a. Xlapa^opijyj/^a, 505, b ; 995, k ITapaxupty^ara, 996, a. Ilapaxur:;^. 599, a. Paradisus, 729, b. Paragauda, 730, a. XIapayva6ihs, 466, b. Tlapayvadidiov, 452, h. GENERAL INDEX lta,iaY0a<{,ii, 730, a,. Uapai6tiTT]s, 333, a. IlapnifiaTtf, 333, a. napaAiTa(,848, b. IlopaXoi, 848, 1). IldpaAof, 848, b. Rapavoia^ ypa^^, 731, a. Hapav6fni>v YP'^^>7i "^31, b. Tlapdvvfxrii yoai^, 466, a. Fellex, 302, a. Pellis, 749, b. HjjXoitdTts, 758, a. *Pelorias, 750, b. Pelta, 750, b. rrtAraiTTa;, 94, b ; 99, b ; 750,b Pen, 187, a. IIijvi;, 954, b. *Penelops, 751, a. TlEVEarat, 751, a, *Penia, 751, a. UrivUri, 293, a. Hiivtov, 954, b. PeniciUus, 702, b. Pentacosiomedlmni 229, b f 976, b. nEvrafiTwptV, 681, b. UcvTaXLeK,av, 949, b UcvrdXidos, 483, b. *Pentaphyllon, 751, a. IlEVTdTrTVXi^t 944, a Pentathli,751,b. Pentathlon, 751, a. TlevTrjKivTopoi, 890, b. HevrtiKooTTj, 752, a. UsvrriKoiTroMyot, 752, a. HevrriKOCTVs, 98, a. *PenteIicum Maimor, 752, b. UoTjJpHff, 891, b, *Peperi, 752, b. *Peplis, 752, b. IIctXos, 752, b. Feplum, 752, b. Per Condictionem, 753, b. Per Judicis Postulationem, 753, b. Per Manus Injectionenl, 617, a. Per Pjgnoris Capionem or Cap- tionem, 753, b. Pera, 754, a. *Perca, 754, b. *Percnopteru8, 754, b. *Percnus, 754, b. ♦Perdicion, 754, b. *Perdix, 754. b. Ferduellio, 609, a. Ferduellionis Duumvin, 754, b. Peregrinus, 755, a. Feremptoria Exceptio, 19, a. Perfumes, 1062, a. Pergula, 755, b. JIcpiaKTOit 969, a. llEpiBoXoi, 958, a. IlEptBpaxidviov, 96, a. *Periclymenon, 755, b. XlepiieiJTVov, 458, a. Hspiliripta, 435, a. Ucpivcif, 893, a. nsptoiKot, 755, b. ncpiffireia, 995, a. nepnrdStov, 540, a. TiepinoXoi, 406, b. IlepliTTCpos, 290, a. TiEpt^pavTfipta^ 958, a. Periscelis, 757, b. *Peristera, 757, b. *Peristereon, 757, b. HtpioTia^ 385, b. Peristiarch, 385, b. Peristroma, 951, b. HtpifjTvXioVi 514, b Ferutylium, 517, b TltpiTuxuriidSj 1034, b. Peritiores, 558, a. Peijurium, 671, b. Perjury, 668, a ; 671 > Ilcpi^iaua, 929, b. Fero, 758, a. IIcpi!»ii, 438, b. Tltpo'jTJiia, 438, b. IltpoWs, 438, b. Ferpendiculum, 758, a. Perpetua Actio, 18, a. Ferula, 754, a. Prosecutoria Actio, 17, b. UtpiSotos, 843, a. *Persffia, 757, a. ^Fersica Mala, 758, a. Persona, 758, a. Fertica, 761, b. Pes, 761, b. Tltumi, 569, b. Pessulus, 526, a. Pesulania Lex, 564, b. IIsTaAtff/irfff, 135, b. tlEratriov, 778, b. niracos, 778, b. Fetasus, 778, b, Petauristie, 764, a. Fetaurum, 764, a. Petitor, 20, a ; 46, a. Petorritum, 764, a. Fetreia Lex, 5S4, b. IlerpodAbi, 455, a. Fetronia Lex, 584, b. *Phagi-us, 764, a. *Phacos, 764, a. *taivtv5ay 777, a. Fhalie, 254, a. *PhaIsena, 7C4, a. *Phalangion, 764, b. Phalanga, 764, a. Phalanx, 101, b; 764, b. Phalarica, 489, b. 'i'dXapov, 764, b. Phalera, 764, b. Phallus, 363, b ; 432, a. ^dXosj 466, a. Pharetra, 765, a. Fharmaceutica, 765, b. 'Pap^aKEVTplat, 767, a. ^apyiaKiSes, 767, a. 'JfapiidKtiiv ypaiiiiici7, 167, b. Physiologia, 772, a Physicians, 630, a. Pioatio, 1051, b. Pictura, 699, b. *Ficus, 774, b. Pignoraticia Actio, 776, b Pignoris Capio, 753, b Pignus, 775, a. Pila, 642, b ; 777, a. Pilani, 103, b. Pilentum, 777, b. Pileolum, 778, a. Pileolus, 778, a Pileum, 777, b. Pileus, 777, b. , Filicrepus, 777, a. niXma, 778, a. ntXiov, 778, a. lUXaSt 778, a. Pilum, 489, a; 642,0 j *FiIos, 779, b. Pinacotheca, 779, b. Pinaria Lex, 584, b. nhai,, 944, a. n/va^ iKKXijatacnKd^i 348, ». *Pinna, 779, b. ♦Pinnophylax, 779, b. •Pinus, 779, b. *Piper, 780, a. Piscatorii Ludi, 601, It Piscina, 75, b ; 148, a . 14», • *Pissasphaltos, 780, a. ntacwcis, 1051, b. *Pistacia, 780, a. Fistillum, 642, b. Pistor, 780, a. Fistrinuu, 640, a ; 612 b ♦Pithecus, 780, b. nfflos, 1051, b. nidoiyla, 364, b. Fittacium, 54, a ; 440, a *Fityocampe, 780, b. *Pitys, 780, b. Pla^toria Lex, 328, a. Plaga, 836, b. Plagiarius, 781, a. Plagium, 780, b. Planipes, 301, a. nXairriK^, 913, a. nXarayf, 335, b. l^Xarayiivtov, 335, b. *Platanus, 781, a. Plaustrum or Plostrnm, 781, Plautia or Flotia Lex de Vl 1058, a. " Judiciari8,584.b Plebeii, 781,b. Plebeii Ludi, 601, b. Plebes, 785, b. Plebiscitum, 785, b ; 1005, b Flebs; "81, b. IIA^xr/av, 606, b. Plectrum, 606, b. Pledges, 775. nXEiCToSoXivSaj 950 a nX^;iVi7, 331, b. XJXTjfioxdalt 396, a. TlXrjixoxiiriS) 396, a. Pleni Menses, 191, a ; OS h nXiBpav, 763, b. nXiiBbv, 567, b. nXivSls, 667, b. ISXivBos, 567, b i 90J I XSXiKafios, 291, b. •Plocimoa, 786, a. UXoioy, 889, b. Plough, 79, a. XlXovtiaffids, 718, a, Piumani, 786, a. nXtivr^pia, 786, b. 'Plumbago, 786, a. ♦Plumbum, 786, a. 1119 GENERAL INDEX. nuteua, 573, a ; 786, b. pAeuniaticrj 786, b. ♦Pnigltis, 787; b. nvu'^ 384, a. Pnyx, 384, a. noKflV, 291, a. Pp-riliim, 787, b. Hd&Ei, 890, a ; 894. a Podium, 53, a. noSoKciKKn, 213, a. *Pofi, 787, b. *PceciIis, 787, b. '^Poecilus, 787, b. PcDna, 787, b. Poetelia Papiria Lex, 584. b ; :r>7, b. rrttVw*, 138, a. UaiKiXr^i, 718, a. Uouiv, 22, a. UotelaQaL, 22, a. Hoirjais, 22, a. notijTdSf 22, a. Poispningj 766, b ; 1038, b TloXinapxfiSt "^88, a. *I*olemo«ium, 788, ?,. UtoX^Taif 788, a. noiXijT^^piov, 788, a *Polion, 788, b. noXiTEi'a, 258, b. noAir)7ff,258, b. YloXiTO(pvXaKESf 946, a, Pollicaris, 762, b.' Pollicitatio, 676, a. Pollinctnres, 459, a. rio'Aoff, 503, b. UoXvTTTvxa, 944, a. *Polycarpum, 788, b. Polychromy, 705, a. *Polygalonj 788, b. *I-'olyg^onaton, 788, b. *Polyffonum, 788, b. *Polypus, 788, b. Polymita, 956, a. *Pomatias, 789, b. Pomoerium, 789, b. Pompa, 790, a.' Pompa Circensis, 255, b. Pompeiffi Leges, 584, b. *Pompholyx, 790, a. *Pompilus, 790, a. Pondo.SSl, a. Pods, 173, a. " ^lius, 174,b. " ^milius, 174, a. *' Cestius, 174, b. " Fabricius, 174, b, " Janiculensis, 174, a. " Milvius, 175, b. " Palatinus, 174, b. " Sublicius, 174, a. ** Vaticanus, 174, a. Pontifex, 790, a. Pontifices Minores, 792, b. Pontiticales Libri, 791, a. Pontificales Lu'Ii, 601, b. PouUficium Jus, 560, a; 791, a ; 792, a. Ponto, 793, a. Popa,226, b; 3i7, a ; 846, a. Pupilia Lex, 584, a. Popina, 226, h Poplifugia, 792, b. Populares, 687, b. Populaies Arciones, 1050, a. Popiilaria, 53, a. Populus, 742,b. Populifugia or Poplifugia, 792 b. Por, 8S5, b. ■ PorciiB Leges, 585, a. Udpvny 502, a. nopvshv, 502, b. YlopviKdv TiXoSi 502, b ; 503, a. ViopvaBocrKoi, 502, b. ritipvoTEXQvaif 502, b. U)piaTai, 793, a. XlopvoYpoKpia, 712, a *PoroB, 793, a. nSpiral, 268, b, ITrfpjoj, 438, b. Uoptt^Ha, 438, b. Porta, "93, a. Portcullis, 224, a. Par.eatum, 810, b. Farticus, 794, a.. Portisculus, 748, a ; 794, h, Portitoves, 794, b ; 822, b Pottorium, 794, b. Ponumnalia, 795, a. PoTtuualia, 795, a. 1120 Fosca, 795, a. Xloa£i5ei^v, 190, a. Tkorr£t6iavia^ 795, a. FoaseBsio, 795, b. Possessio Bohorum,165, b. PossBSsio Clandestina, 544, a. Possessor, 795, b. Postes, 524, b. Posticum, 524, b Postliminium, 799, a. Postmeridianum Tern pus, 362, a. Posttilaticii, 476, b. ' Postumus, 500, a. *Potamogeiton, 800, a. *Poterion, 800, a. Potestas, 741, a. *Pothus, 800, a. Pottery, 439, a. nous-, 761 , b. npdKropss, 800, b. Prfficidanea) Feriie, 437, a. Prxcinctio, 53, a; 968, a. Prfficinctus, 1024, b. *PrBBCocia, 800, b. PrBBCones, 800, b. Fraeconium, 801, a. PrKda, 799, b ; 800, a ; 906, b. Priediator, 804, b. Frajdiatorium Jus, 804, b. Frsedioruni Servitutes, 878, a. Priedium, 801, a. Fnefeclus, 103, b. " .Srarii, 28, b. " Annonse, 802, a. ** Aquarum, 75, b. ** Castrorum, 802, b, " Classis, 802, b. " Fabrum, 428, a. " JuriDicundo,282,b. " Fnetorio, 802, b. " Vigilum, 803, a. " Urbi, 803, a. Prsefectura, 283, a, b. PrseficiB, 459, b. Friefumiura, 151, a; 450, a. Frsejudiciura, 804, a Prselusio, 476, a. Praenomen, 660, b. Fnepetes, 130, a. Frspbsitus, 804, a. Fraerogativa Ceaturia, 297, a ; 1007, b. Fnerogativa Tribus, 1007, a, b. Prierogativffi, 1007, b, Pnes, 804, b. Praescriptio, 804, b. Frssses, 815, b ; 817, a. Frxsul, 850, a. Frateriti Seuatores, 665, b ; 866, b. Praetexta, 987, b. Fnetextata Fabula, 300, b. Prffitor, 805, b. Prator Peregrinus, 806, a. FrjEtor Urbanus, 806, b. Prsetoria Actio, 17, b. Prffitoria Cobnrs, 806, b. Prsetoriani, 806, b. Praetorium, 807, b. Prsevaricator, 875, a. Pragmatici, 674, b. Frandium, 274, b. *Prasites Lapis, 807, b. *Praslum, 807, b. *Prasocuri3, 807, b. *Prason, 807, b. Upar^pXidos, S8\, a. Upa^ispyiSaiM 786, b. Precarium, 544, a. Prohensio, lOOO, b; 1001, b, Prelum or Praelum, 807, b. Frensatio, 46, a. *Prester, 807, b. , TlprjaT^peSt 449, a. Priests, 843, a. Primicerius, 807, b. Primipilaris, 232, a. Primipilud, 232, a. Princepa Juventutis, 418, b. Frincepa Senatus, 866, a ; 867, a. Principales Constitutiones,304, b. Frincipes, 103, b ; 613, b. Frincipia Principalis Via, 220, b ; 321, a. *Prinos, 808, a. IIpiui', 876, b. 'Prison, 213, a *Prislis, 808, a. PrivatiB FerisB, 435, a. Privatum Jus, 261, a; 561 a. Frtvileginm, 581, a. Privigna/Sl, a. PrivigAus, 31, a. TipodYvEVfTi^, 395, b. riooaywytm? ypa^^, 808. a. Proavia, 277, b. Proavunculus, 277, b Proavns, 277, b. UpoBoXfi, 80S, a. lipoBovXEvpiaf 1^8, b ; 169, a ; 664, a. IlprffiouAoi, 809, a. npQK&dapcis, 395, b. UpoKkvaii, 353, b ; 354, a. lipoXEip'^Tov'td, 169, a. Proconsul, 809,b; 815, b. Procuratio Prbdig-iorum, 810, b. Procurator, 19, b ; 190, a; 444, b; 810, a; 816, a. Prodigies, 810, a. Frodigium, 810, a. Frodigus,338, b ; 329, a ; 960, b. npdSo/iOff, 958, b. IIp95oiTi'a,,810, b. Ilpodoa-iaf ypa^jj, 811, a. Jlp66poixai, 515," a. npo£dj3£tJoi;(7a ^uA)?, 170, b. Ilpofidpia, 259, a. IlpdESpai, 168, b ; 170, a. IIpoT/opdcrta, 811, b, UpoEia^opd, 392, b. Upotic^opSs diKTi, 811, b. PrtEliales Dies, 362, b. npoEfxGoXis, 892, a. Profesti Dies,' 362, b. UpoydfiEia, 619, b. Progener, 31, a. npwi, 361,b. Projiciendi Servitus, 878, b. Upoll, 379, a. Proletarii, 212, a; 296, a. npdXoyos, 995, a. npojaavTEi'a, 688, a. Updnavns, 689, b. Fromatertera, 277, b. npofi^Eta, 812, a. Promissa, 623, b. Promissor, 673, a. Xlpofiv^urpiai, 619, a. npoiivjjiTTpiSEg, 619, a. Promulsis, 275, a ; 1054, b, Promus, 228, b. Promuscondus, 228, b. Updvaos, 958. b. Pronepos, 277, b. Proneptis, 277, b. FronubK, 625, b. Pronubi, 625, a. Pronurus, 3], a. Xlpoufiocia, 359, a. Property-tax [Greek), 392, a. Property-tax (Roman), 1008, b. Fropnigeum, 151, a. ITpo^iyn/ff, 395, b ; 688, a. Upocp^Tis, 688, a. Proprffitpr, 815, b. Up6irovg, 894, a. Proprietas, 374, b ; 795, b. Frora, 892, a. Uptapsis-, 892, a. TlpocKE^dXeiovt 572, a. Proscenium, 968, b. UpdaKXrjms, 358, a ; 626, b. Proscribere, 812, a. Froscripti, 812, a. Froscriptio, 812, a. TIpocTK^vijctgy 23, a, Frosecta, 846, a. Frosicise, 846, a. UpoataTTElov, 758, a. Tlp6cru)7rov, 758, a. Upoards, 515, a. ripocrron;?, 589, b ; 636, b. UpoaraTijs tov 5^/*uu, 812, b. XlpoaTifiSv, 32, b. TlpoaTifiaadaif 32, b, BpouTinTina, 983, b. Prostitutes, 502, a. npoor6ov, 514, b. Up6iTTvXos, 290, a. UprfffTUTTO, 399, b. DpuTaywHOT^ffi 505, b.. UpoTcXsia ydjitav, 619, b. lipdOstTis, 456, a. Upodeaiiia, 812, b. UpoBeculas vduost 812, b, Upddvpa, 514, a ; 527, a. ITpwrrfX«Ov, Srfl, b. Updrovoi, 889, b : 891 &. XlpoTpvyia, 812, V Provincia, 818- h. *Proumnos, 8l8,' & Frovocatio, 73, b. Provocatores, 475 '' Upo^ei/fa; 511, b. Upd^Evos, 612, b. Froximus AdmissifHTim, 22, t Proximus Infantite, 538, ^^ Froximus Fubertati, 538, a. PrudentiorRs, 558, a. npvXiEs, 247, a ; 851, a Hp^Xis, 851, a. Ilp^nvij, 892, a. *Prunum, 818, a. *Prunus, 818, a. ITpuravfiia, 168, b. Jlpvravsiov, 818, a. UpvTavelg, 168, b ; 170, SIS, ti ,*fiAiov,95, b. *aXiV, 449, a. *Psar, 818, b. *iA(ov or ^AXioy, 95, d *Psen, 818, b. ■f^^ttTfia, 168, b ; 386, b ; 064 a *fl0off, 8l8,b; 839, b. *Fsetta, 819, b. "^evSEYYpaihrjs ypa0^, 819, b. **£u5^ff X/^ffpaydof, 820, a. *Fseudobounium, ^0, a. *Fseudodictainnum,'820, a "^EvSoKXtjTsias ypa^^, 820, a. fEvSadi-KTEpos, 290, a. * '^evSofiapTvpiGv Sikt}, 627, b ^iXoi, 94, a; 99, b. , ' *Psimmythion, 820, b *Psittacus, 820, b 9vKT^p, 820, b. ■*Psylla,821,a. ■*FsyIlion, 821, a *Psylon, 821, a. *Ptarmice, 821, n *Ptelea, 831, a. *Pteris, 821, a. *Pternix, 821, a. Htvktiov, 044, a, JJtvov, 715, b.' nuai/c'i//i(i, 821, a HvavEWtt^v, 190, a. Pubertas, 328, a ; 533, s "VS?, ti Pubes, 532, a. PubliciE FeriEB, 435, b Publicani, 82I,b. Publici Sem, 885, a 88/ a. Publicia Lex, 565, a. Publiciana in Rem Actio,822, V Publicum, 821, b. Publicum Jus, 261, a ; 561, a PublicuS Ager, 34, a j 798, b Fublilia Lex, 823, a. Publiliifi Leges, 833, a Tlh£v6crTvXos, 290, a. Uv^rai, 833, b. IlifXo(,456, b; 599, a Ft er, 885, b. Pagilatus, 623, b. Fugiles, 823, b. Fugillares, 944, a. Fugio, 824, a. YIvYnaxia, 823, b. nuy/iJj, 823, b ; 763, b. jjvYHoc^vijt 823, b. nwywv, 763, b. nuXaydipai, 49, b. niXv, 793, a. TlvXiSt 793,.a. Pullarius,131,b. IIuXwv, 514; b ; 794, a Fulpitum, 968, b, Fulvinar, 824, b. Pulvinus,'824, b, Punctum, 297, s Pupia Lex, 585, s Fupillus,53J,aii?S 3,i02g b. Pupillaris Substhxitic 495, b. Puppis, 893, a. JlvpaYPa, 449, a. Ilupai, 456, b. IliJpyos, 1027, a. Hvpia, 599, a. lIvpiaT^piov, 599, a. Purification, 604, a. UvpouavTsluy 3(59, h Xlv^ixv J 851, &, Tlvp^iXtTTal, 851, b Pui-ses, 626, a. Futeal, 824, b. GENERAL INDEX f itens, i48, a. ritiflia, 825, b. riiiOioi, 825, a. HvSoxmcrrili, 424, b. Paticulffi, 461, a. Paticuli, 461, a. nii^, 823, b. llvliSwv, 827, b. Hvliov, 183, a. rW?i5, 827, b. I:v^ij{, 183, a. *Pycnocomou, 825, a. •I'ygargas, I., II., 825, a. 'I'ygniKus, 825, a. *PygolampiH, 825, a. Pyra, 4C0, a. "Pyrethrum, 825, a. *Pyrilampis, 825, b. *Pyroir.achu3 Lapis, 825 j Pyrrhica, 851, a. ^Pyrrhulas, 825, b. *Pyrus, I., II., 825, b. Pythia, 688, a. Pythian Games, 825, b. Pytho, 637, b. Pyxidula, 827, b. Pyxis, 827, b. •Pyxus, 827, b. Q- Quadragesima, 827, b. Quadrans, 110, b; 591, a. Quadrantal, 325, a. Quadratarii, 715, a. Quadriga, 159, b ; 332, b. Quadrigatus, 159, b. Quadriremes, 891, b. Quadrupes, 747, b, Qaadraplatores, 828, a. Quadruplicatio, 19, b. Quadrussis, 111, a. Quiesitor, 552, a. Quiestinnes, 552, a; 806, b. Qusestioces Perpetux, 552, a : 806, b. Quasstor, 823, a. Quasstores Classic!, 828, b. Quxstores Parricidii, 628, a. Quasstores Sacri Pal^tii, 829, b. l^Uiestorii Ludi, 601, b. 5niestorium, 221 (plan) ; 220, b ; 223, a. Quaestura Ostiensis, 829, a. Quales-Quales, 887, b. iiualus, 188, b. Quanti Minoris Actio, 829, b. Quartarius, 889, b. QuasillariiB, 188, b ; 953, a. Quasillus, 188, b. Quatuorviri Juri Dicando, 2S2, b, QuatufJTviri Viarum Curanda- rum, 830, a ; 1043, b. Querela Inofficiosi Testamenti, 964, b.. Quinariu's, 349, a. Quinctilis, 191, a. Quincunx, 110, b ; 591, a. Quindecimviri, 340, b. Quinquagesima, 830, a. Quinquatria, 830, a. Quinquatrus, 830, a. Quinquennalia, 830, b. Quinquennalis, 283, a. Quinqueremes, 891, b. Quinquertium, 751, a. Quiuqueviri, 830, b. Quinqueviri Mensarii, 634, a. Quintana, 220, b J 221, b. Quintia Lex, 565, a. Quiutilis, 191, a. Qnirinalia, 831, a. Quirinalis Flamen, 445, b. Quiricium Jus, 261, a; 561, a. Quiver, 765, a. Quod Jussu, Actio, 562, b. Quorum Bonorum, Interdic- cum, 631, a. R. 'P. ila:f?s, 230, a. Radius, 331, h 'Raia, 832, a^ Ramnenses, 743, a Ramnes, 743, a. *Rana, 632, a. •Ranunculus, 832, a. •Raphanus, 832, a. Rapina or Rapta Uoim, 164, li ; 464, a. 7C Rallnm, 832, a Rallus, 832, a. Rastellus, 832, a Raster, 832, a. Rastrum, 632, a. Rates, 889, b. Ratiooibus Distrahendis Actio, 1030, a. Razor, 138, a; 139, a. Recepta ; de Recepto, Actio, 832, a. Recinium, 639, a. Recinus, 639, a. Recissoria Actio, 542, a. Rector, 817, a. Recuppratores, 18, b ; 550, b. Reda, 836, a. Redemptor, 832, b. Redhibitoria Actio, 632, b. Redimiculum, 633, a. Regia Lex, 633, a. Regifugium, 833, b. Regina Sacrorum, 837, b. Regula, 833, b. Rei ResiduEe Exceptio, 19, a. Rei Uxoriifi or Dutis Actio, 380, b, Relatic, 869, b. Relegatio, 136, a. Relegatus, 136, a, Rcmancipatio, 371, a ; 398, b. Remmia Lex, 203, a. Remuria, 578, a. Remus, 893. a. Repagula. 526, a. RepetundK, 633, b. Replicatio, 19, b. Repositorium, 275, b. Repotia, 625, b. Repudium, 371, a. Res, 374, a. " Communes, 374, b, " Corporales, 374, b. " Divint Juris, 374, a. " Hereditaria, 374, b. " Humani Juris, 374, a. " Immobiles, 374, b. " Incorporales, 374, b. " Mancipi, 374, b; 1066, a. " Mobiles, 374, b. " nee Mancipi, 374, b ; 1066, a. " NuUius, 374, a. " Private, 374, a. " PubliciE, 374, a. " Religiosffi, 374, a. " Sacrse, 374, a. " Sanctae, 374, a, " IJniversitatis, 374, a. " Uxoria, 370, b ; 371, a. Rescriptum, 304, b. Responsa, 558, a. Respublica, 1063, a. Restitutio in Integrum, 834, b. Restitutoria Actio, 542, a. Rete, 636, a. Retentio Dotis, 370, b. Retiarii, 476, b. Reticulum, 187, b ; 636, a. Retinacula, 694, b. Retis, 836, a. Reus, 20, a ; 675, a. Rex Sacrificulus, 837, a, b. Rex Sacrifious, 837, a, b. Rex Sacrorum, 637, b. *Rha, 837, b. 'Fa6i5i'ov, 702, b, 'Fa6&ov4/iOi, 33, a. 'FdSio!, 1057, b. 'FaSSouxot, .13, a. •FaiffT^p, 610, a. *Rhamnus, 636, a. •Raplianis, 838, a. *Raphanos, 838, a. 'Fails, 20, b. Rlieda, 636, a. 'Priyca, 572, a. 'PTjrMp, 838, a ; 936, b. 'FitToptKfi ypa(^^, 838, a. 'P^Jrpa, 662, b.' ■■Rhine, 638, b. ♦Rhinoceros, 838, b. TivottuXtT) 793, b. 'Pmis, 444, b. 'PimdTiip. 444, b. 'Foiivri, 954, a. Rhodia Lex, 565, a. •Po%£Ai, 1054, b. *Rhodon, 838, b. •RhcEtt. 838, b. *Rhombus, 838, a fHTfov, 526, b. 'Pii/i(opo^, 523, b. 2xt(5wi. .173, b ; 859, b. S^jJ^ara TErpdytttva, 501, ^ ♦Schinos, 856, a. ♦Schistus Lapis, 858, a ♦SchGGniclus, 858, a. ♦Schojuus, 658, a. Schoenus, 858, a. Txonla, 894, a, h. ^XOlvoSdrtjs, 454, a SvoTvoff, 858, a. Schola, 148, a. Sitta. 700, a. ^Kiddemv, 1061, h. ^KtaSi]6oaia, 523, a ^Kiidiov, 1061, b. "^Ktaypa^fjy 700. a. ^Kuiypaijita, 700, a ♦Sciana. 858, a. SKjaf, 977, b. I 21 GENERAL INDEX. Tuiitifjr, 503, b 'Scilla, 858, a. I'mViroUfi, 572, b. Sciothericum, 509, a 'Sxtpoipopiiiv, 190, a. Scipio, 857, b. Scire, 871, a. Scissor, 275, b. Scitum Populi, 580, a *Scinrus, 858, a. SkoUI, 454, a. *Scolopax, 858, b, ^Scolopendra, 858, b. ♦Scolopeudrion, 858, b "Scolopia, 858, b. SKiXotj/, 324, a. •Scolyimis, 858, b. •Scombros, 858, b. *Scops, 858, b. ♦Scordium, 858, b. ♦Scorodon, 858, b. *Scorodopraaon, 858, b. Scorpio, 989, a. ♦Scorpio, II., 858, b. ♦Scorpio, III., 859, a. ♦Scorpio, IV., 859, a. *^Scoi-pioeides, 859, a. Scortea,. 699, a. Screw, 272, a. Scribs, 859, a ; 1063, b. Scribonia Lex, 583, b ; 1008, a. Scrinium, 211, b. Scriplum, 859, b. 'Scripta, 795, a. Scripta Duodecim, 5G9, b. Scriplura, 859, b. Scriptararii, 859, U Scripulum, 859, b. Scrobes, 76, b. Scrupulum, 859, b ; 1062, a. Sculptura, 860, a. Sculpture, 860, a ; 912 a. ^Kupta itKTii 860, b. SxuraXii, 861, a. SmJfldi, 347, a. Scutum, 860, b. ♦Scylium, 861, a. Scytale, 861, a. •Scytale, II., 861, a. Scythe, 428, b. 2i,)tr!j, 958, b. Sectatores, 46, a. Sectio, 861, b Sector, 861, b. Sectorium Interdiccum, 543, b ; 861, b. Securicula, 861, b. Securis, 861, b. Secutores, 477, a. ^Eipa7oSi 332, b. ll£ipa Spondee, 672, b. ^novSo^dpoit 681, a. ^ndvSvAott 819, a. ♦Spondyle, 907. b. ♦Spondylus, 907, b. Sponge, 704, b Spongia, 704, b ♦Spongia, II., 907, b Sponsa, 623, b. Sponsalia, 623, b ; 634, b. Sponsio, 542, a ; 1048, b Sponsor, 541, b. Sponsus, 623, b. Sportula, 907. b. Stabularius, 632, a. ♦Stacte. 908, a. ^raSioipduoit 909. b TTdSiov, 908, a. SriJSiot, 908, a. Stadium, 908, a. Stalagmia, 533, a. Stamen, 953, b. ♦Stannum, 910, b. Standards, Military, S9b, a Xrdatnov, 995, a. Stater, 910, b. Statera, 1021, a. ^TaBpiouxoit 938, a. rraMt. 589, b ; 614, b. ■ Stati Dies, 362, b. Stationes, 222, b. Stationes Fisci, 912, a. Stationes Municipioi-um, 919 i Stativte Ferlie, 435, b. Stator, 912, a. Statu Liber, 616, a. Statuaria Ars, 912, a Statuary, 912, a. Statnmen, 1042, b. SravpiJ;, 324, a. SrSXai, 457, b. 2r£^/xa,-877,'a. Srfl/iwv, 953, b. TrcifiavTiTiXoKot, 877, a 'Zrt^dvtaimj 877, a. rr#avoj, 309, b. _ "^Tt^avoiO^dKiov, 877, a. rr£0ovoirX((/e(«, 877, a. Stercolinii Servitus, 878, h ■ZBina, 924, b. Stibadium, 633, b. ♦Stibium, 934, b, Stillicidii Servitus, 878, b Stillicidium, 878, b. Stilus, 924, b, ♦Stimmi, 925, a. Stipendiarii, 925, a. Stipendium, 925, a Stipes, 731, b. Stipnlatio, 673, •■ Stipulator, 673, a. Stiva, 80, a. STXswrr, 599, a. I.Toi, 794, a. ♦Stmbe, 926, a. ♦Sta;chas, 926, b. "^Toixiiov, 508, b Stola, 926, b. Srrf/itov, 452, b ♦Stumoma, 936, b. ♦Stratiotes, 938, a Stoves, 531, *. GENERAL INDEX. Slragulum, 1(51, b. Srpari/yif vaCt, 927, b, ^rparriyis, 926, b. Stratores, 928, a. Strena, 928, a. Stp£7iti(!, 989, b. StriK, 288, b. Strigil, 150, b,; 599, a. *Strii, 928, b f.Tpiiiiara, 572, b ; 95], b. •Strombus, 928, b. STpoyyiiXat, 890, b. £rf)O0£uV, 215, a, Srpii^iyl, 215, a. (trophmm, 928, b. •Stionthion, 928, b. •Sliouthos, 928, b. 'ZTfmBbs ijierd\n, 928, b. *Strouthocamelua, 928, b. Structor, 275, b. •Strychnus, 928, b. Stadiosi Juris, 116, a. £niXii;, 288, a ; 925, a. Stultorum Feriifi, 450, a. Stuprum, 23, b ; 302, a ; 533, b. ^TvpdKioVf 488, b, n. Sru'pa^, 488, b. Stylus, 924, b. ♦Stypteria, 929, a. 'Slyrax, 929, a. Suasor, 125, a. Subceuturio, 104, a. •Suber, 929, b. Subitarii, 1022, b. Subligaculum, 929, b. Subrogare Legem, 580, a. Subscriptio ' Cenaoria, 535, a ; Subseciva, 37, a. [664, b. Subsellium, 978, b. Subserica, 876, a. Sulisignaoi, 103,'b. Substitutio, 498, a. Substitutio Pupillari8,.498, b. Subtegmen, 953, b. Subtemen, 953, b. Subuoula, 1024, b. Succesaio, 929, b. Successor, 930, b. Succinctorium, 929, b. Guccinctus, 1024, b. *Succinum, 930, b. SvKo^dvTTis, 930, b. ZvKO^avrias ypa^jj, 931, a. ludatio, 149, a. Sadatorium, 149, a. Cufiibulum, 1041, a. Suffitio, 462, a. Suffragia Sex, 416, a. Suffragimn, 931, b. Suggestua, 841, b ; 932, a. Suggrundarium, 460, a. Sui Heredes, 497, b ; 499, a. SBAoi, 932, a. Sulci, 1042, b. SuXXoyciE, 932, a. 'Sulphur, 932, b. Sulpicise Leges, 586, a. Bulpicia Semprohia Lez,586, a. SviiS6\aiov, 932, b. ^vuBoXaitav TiafiaSdaeus otKrjj Stf^SoXov, 1014, a. [932, U EviJiS6\m, in-4, liKat, 933, a. 2(jfi6ouXoi, 734, a, b. ^vuiiaxot, 933, b. Sojijopfa, 392, b; 1011, b. ^vn^ope7sj 788, a. "ZviindcLov, 938, b. Eumtuaris Leges,-534, a. flmdWaYfc, 932, b. ^CyicXrjros 'E/txXijffia, 383, h. SuvdOHiirrijpia, 4.5, a. Sandial, 503, a. SivliKos, 934, b. XuviSmov, 935, a. TireSfKi, 935, a. i.ovtjYoptK6v, 936, b HvvfiYopos, 935, b. TcYylvaa, 495, a. S^Vywc??, 495, a. Svyypa^^, 937, a. SBVypaWEif, 809, b. SlSi.oi(it;306, b. Svi-oiKia; 937, b, XvvoUia, 938, a. Stimp'a, 159, b. ZvtupiSi 1*^> >> ! 332, a S(ii,Tayf !>• T£X<6w;t, 956, a. TiXof, 909, b ; 956, b. Tiikcvos, 31, a ; 957, b i 958, a. Temo, 331, b. Teraplum, 957, b. Temporalis Actio, 18, a. Temporis Pneacnptio, 804, b Tensffi, 971, b., ♦Tenthredo, 959, a. Tepidahum, 148, b *Terebinthus,.959. bi •Teredo, 959, b. Terentilia Lex, 586, a. Terentini Ludi, 602, a. Terminalia, 959, b. Termini, 501, a. Teruncius, 1 10, b; 349, aj 591, a Tessellarii, 715, a. Tessera, 959, b. Tesserula, 959, b. Testa, 441, a. Testament, 960, a. TestamentaiiEB Leges, 586, a. Testamenti&ctio, 960, a. Teatamentum, 960, a. Testator, 960, a. Testis, 671, b; 963. Testudo, 605, b ; 965, b. 'Testudo, 11, 966, a. TiepiTTTTOt, 332, b. TETpdSpav/iov, 381, a. TErpaXoyin, 993, b. TcTpaopla, 332, b. Totrarcha, 966, a. Tetrarches, 966, a. Tsrpapxtd, 94S, b ; 966, a. TcrpijpHt, 891, h, *T6trix, 966, a. TET-pufioXov, 381, a. TeTTapaKovTa, ol, 450, b. *Tettigometra, 966, a. *Tettix, 966, b. *Teuthis, 966,' b. 'Teuthos, 966, b. *Teutlos, 966, b. Toxtorea, 953, a. Textricea, 953, a. Textrinum, 953, a. Gaipiif, 215, a. 6nXii//l(«, 893, a. QaXan'tTtti, 893, a. OdXaiip;, 515, a; 893,8. ♦Thalaaaocrambe, 986, b. *Thalictron, 966, b. ! eaXXo0ifpoi, 723, b. eaXuiTiii, 966, b. edfiva, 1052, b. *Thapsia, 966, b. QdnTEtVi 456, b. Thargelia, 966, b. ^ eapyj;Xiti>i', 190, a. Theatre, 967, a. ecarpor, 967, al QEarpttiiiris, 972, b. OcarpoTTiSXjjs, 972, b. Theatrum, 967, a. *Thebaicus Lapis, 971, a. QijKal, 457, a. Theft, 270, a ; 463, a. *Theion, 971, a. *Thelycraneia, 971, a. *Thelypteris, 971, a. ♦Thelyphonon, 971, a. ThenSK, 971,b. Theodosianus Codex, S73, t. QEoXoyeiWy 969, 1>. ecoidvia, 972, a. ecwpm, 345, b ; 973, a. esaipiicd, 972, a. GewpfV, 345, a. eciDpai, 345, a ; 973, a. esalhia, 972, a. QEpaiTiia, 621, a. Therapeutica, 973, a. Qtpa-nEvTtKoi, 733, a. GEptijruv, 492, a. Theriaca, 975, a. Qjipioixdx'iU 157, a. ThermiB, 143, a ; 152, a. Thermopoliumj 202, a ; 226, b. ♦Thermos, 975. b. eijTOupiii'. 376, a ; 958, b. Qriatia, 975, b. Thesmophoria, 976, a. QEaiiofior, 457, a. Turaultuarii, 1022, b. Tumultus, 1022, b. Tunica, 1022, b. Tunicati, 1025, a. Tims, 449, b. Tiipavi/os, 1025, a. TvpavvtSos ypa^ify 811. Tunbulum, 1026, b. Turma, 104, a ; 418, a. Turrioula, 452, b. Turris, 1027, a. Tipais, 1027, a. Tutela, 1028, b. TnleliB Actio, 1030, a. Tutor, 1028, b. Tutulus, 1031, b. Twelve Tables, 1031, b. Tympanum, 1033, a. •Tymphaioa Terra, 102S, a. *Typhe, 1025, a. U. V. Vacantia Bona, 165, a. Vacatio, 102, b ; 399, fc. *Vacciniom, 1033, b. Vadimonium,Vas,lS,b; 604, b. Vagina, 478, a. Valeris Leges, 1033, b. Valeris etHorati{eLeges,1034,a Valeria Lex, 1034, a. Vallaris Corona, 311, a. Vallum, 1034, a. Vallus, 1034, a, b. ValvK, 625, b. Vannus, 1034, b. Vappa, 1053, b. Varia Lex, 609, b. Vas, 804, b. Vase-painting, 705, b. Vatinia Lex, 586, b. Udo, 1035, a. Vectigalia, 1035, a. Vectigalis Ager, 38, a ; 401, a. Vehes, 1036. a. Veil, 1037, a. Velamen, 1037, a. Velarium, 1036, b. Velati, 1036, a. Velites, 104, a ; 489, a. Velleianum Senatus Consult- ttm, 542, a. Velum, 893, b ; 1036, a. Venabnlam, 1037, a. Venaliciarii, 886, a. Venatio, 1037, a. Venditio, 403, a. VeneBca, 1039, b. Veneficium, 1038, b. Veneficus, 1039, b. Ventilabrum, 716, a. Ver Sacrum, 1039, b. Verbena, 848, a. Verbenarius, 437, b. Vema, 884, b ; 886, b. Veiso in Hem Actio, 884, a. Versura, 547, a. Veru, 489, b. Verntum, 489, b. Vespte, 459, b. Vespillones, 459, b. Vestales, 1039, b. Vestibulum, 516, b ; 527, a. Vosticcps, 532, a. Veteranus, 984, b. Veteratores, 886, b. Vexillarii, 103, a; 897, a. VexiUum, 897, a. Via!, 1041, b ; 1045. Via Servitus, 879, a. Viaria Lex, 586, b ; 1043, b. Viaticum, 1045, b. Viator, 1045, b. Vicarii Servi, 884, a- Victinia, 845, b. Vicesima, 1046, a. Vicesimaria Lex, 1046, c Vicesimarii, 1046, a. *Vicia, 1046, a. Vice Magistri, 1046, a. Vicus, 1046, a. Victoriatus, 349, a. Vigiles, 106, a ; 803, a. Vigiliie, 222, b. Vigintisexviri, 1046, b. Vigintiviri, 1046, b. Villa, 1046, b. Villia Annalis Lex, 25, b. Villions, 1047,b. Vinalia, 1048, a. Vindemialis Feria, 437, a. Vindex, 18, b ; 617, a. Vindioatio, 1048, a. VindiciiB, 1048, b. Vindiota, 615, b ; 1048. Vindicta, 1049, b. Vinea, 1050, a. Vinegar, 1053, b. Vinnm, 1050, b. Vioouri, 830, a. *Viola, 1057, b. Virga, 1057, b. Virgines Vestales, 1039, a. Virgula, 1057, b. Virgo Maxima, 1040, b. Viridarium, 511, a. Virilis Pars, 747, a. Virilis Toga, 532, a ; 987, b. Vis, 1058, a. Vis et Vis Armata, 10&6, a. Visceratio, 462, b. ♦Visoum, 1058, a. Vilelliani, 944, b. Vitis, 23!,b. *Viti8, 1058, a. Vitrearii, 1050, a. Vitricus, 31, a. Vitrum, 1053, a. Vitta, VittiE, 1060, b. Vittata Saccrdos, 1061, a. *Ulmus, 1061, a. Ulna, 762, b. »TJlva, 1061, b. Umbella, 1061, b. Umbilicus, 688, b. Umbo, 268, b ; 737, a ; 986, b. Umbraculum, 1061, b. Uncia, 1062, a. Unciarium Fenus, 547, a. Unctores, 148, b. Unctuarium, 44, a j 148, b. Unguenta, 1062, a i 1054, a. Unguenlaria, 1062, b. UnguentariBB, 1062, b. Unguentarii, 1062, b. Universitas, 1063, a. Vn natin in .Tna. 18. a. I Voconia Lex, lOM, b Volones, 1065, a. Volsells, 139, a. Volumen, 588, b. Voluntarii, 1065, a. Vomitona, 53, T\ Voting (Greek), 239, a; 618. 1 Voting (Roman), 931, b: Ma.> Uragus, 104, a. 'Uranosocpus, 1054, b Uma, 889, b; 901, a; 1(«9 ^ Uma (feralis), 46(), b Urpex, 649, b. *Unis, 1064, b. Ustrina, 460, a. Ustrinum, 460, a. Usucapin, 1065, b. Usurx, 546, b. Usurers, 545, a. Usurpatio, 1068, b. Usus, 623, a ; 1068, b. Ususfmctus, 1068, b Uterini, 277, b. Uti Possidetis, 543, b Utilis Actio, 17, a, h. Utres, 1053, a. Utricularius, 98! i Utrubi, 543, b. Valcanaiia, 107C,8. Vnlgares, 887, a. *Vnlpes, 1065, b. Uxor, 623, a. Uxorium, 1070, a W. Wall, 620, b ; 734, li. Weaving, 953, a. Wheel, 331, b; 439, a, 1033 V Whip, 445, a. Wig, 293, a. Wills, 960, a. Window, 515, b | 520, b. Wine, 1050, b. Witnesses (Greek), 626, a. Witnesses (Roman), 6"I, o Wrestling, 716, a, "o X H *Xanthe, 1070, a. *Xanthion, 1070, a. *Xanthobalanus, 1070, o. Ecvayof, 1070, a. s.zvrjAaalaj 1070, b. HcWa, 511. b. Scviaf ypaM, 1070, b ntviKd, 636, b. UtviKiv, 1071, a. Hcfuvef, 512, a; 515, I s^EVOSt 512. a. E£iTT>)s, 1072, a, *Xiphias, 1072, d. •Xiphion, 1072, b. Hf0os, 476, a. "ESavov, 913, a, b. HuXoKoiT^a, 464, b UvordpxoSi 483, a Huirr^p, 832, a. Eu7r(jg,.482, a. 'S.varpa, 599, a. *Xyns, 1072, b. XyStarchuB, 483, a. Xyslus, 462, a ; 511, a. Y. Year (Greek), 198, a. Year (Roman), 191 a Yoke, 554, b. Z. Zn'mpot, 1072, b. •Zeia, 1072, b. ZrrriiTal, 1073, a. Zsuyirai, 229, b. •Zingiberis, 1073, a Z(i)ypa0£tv, 700, a, Zatypa^ia, 699, b. Zufiiz, 1073, a. Zona, 1073, a. ZtUvtov, 1073, b. ZwvtoirArfKOf, 107?, a Zonula, 1073, h. *Zoophyta, 1074, a Zophorus, 61, u. ZwffrF)p, 1073, a. Zvyd. 693, a. Ziiyini, 893, a. Ziiyiral, 554, b; f OS, « Zvyov, 554, b ; flOe b : SM> t Zvyas, 554, b. Ztieof, 833, b. *Zyga!na, 1074, b. ♦Zygia, 1074, b. ♦Zythui. 1074. b TIIF EN- ^3 I