^;Tf?^ ' ), :> > •V. ROMAN ANri^ITIES: O R, A N ACCOUNT OF THE MANNERS AND CUSTOMS ROMANS; GOVERNMENT, MAGISTRACY, LAWS, JUDICIAL PROCEEDINGS, RELIGION, GAMES, MILITARY AND NAVAL AF lAIRS, DRESS, EXERCISES, BATHS, RESPECTING THEIR. MARRIAGES, DIVORCES, FUNERALS, WEIGHTS AND MEASURES, COINS, METHOD OF WRITING, HOUSES, GARDENS, AGRICULTURE, CARRIAGES, PUBLIC BUILDINGS, t^c. ^C. DESIGNED CHIEFLY TO ILLUSTRATE THE LATIN CLASSICS, B Y EXPLAINING WORDS AND PHRASES, FROM THE RITES AND CUSTOMS TO WHICH THEY REFER. By ALEXANDER ADAM, LL.D. RECTOR OF THE HIGH SCHOOL OF EDINBURGH. THE FOURTH EDITION, WITH IMPROVEMENTS. EDINBURGH: FRINTED FOR A. STRAHAN, AND T. CADELL, LONDON J AND WILLIAM CREECH, EDINBURGH. PI DCC 2CVJI, PREFACE TO THE FIRST EDITION, NOTHING has more engaged the attention of Hterary men fmce the revival of learning, than to trace from antient monuments the inflitutions ' and laws, the religion, the manners, and cufloms of the Romans, under the general name of Roman Antiqui- ties. This branch of knowledge is not only curious in itfelf, but abfolutely necellary for underflanding the Clalfics, and for reading with advantage the hi- flory of that celebrated people. It is paticularly re- quifite for fuch as profecute the ftudy of the civil law. Scarcely on any fubjetl have more books been writ- ten, and many of them by perfons of diftinguiflied abilities. But they are, for the mofl: part, too volu- minous to be generally ufeful. Hence a number of abridgements have been publifhed ; of which thofe of Kennet and Nieuport are efleemed the befl. The latter is on the whole better adapted than the former, to illuftrate the ClalTics ; but being v.Titten in Tatin, and abounding with difficult phrafes, is not fitted for the ufe of younger fludents. Befides, it contains nothing concerning the laws of the Romans, or the a 2 buildings iv PREFACE.. buildings of the city, which are juftly reckoned among the rnofl; valuable parts in Kennet. On thefe accounts, near twenty years ago, the Compiler of the following pages thought of frammg from both, chiefly from Nieuport, a compendium for his own ufe, with an intention to print it, if he fhould meet with no book on the fubjecl to his mind. But he foon perceived, that on feveral important points, he could not derive from either the fatisfaclion he wifned. He therefore had recourfe to other fources of information ; and chiefly to the Clafllcs themfelves. To enumerate the various authors he has confulted, would be tedious and ufelefs. It is fufficient to fay, that he has borrowed with freedom, from all hands, whatever he judged fit for his purpofe. He has been chiefly indebted to Manutius, Brijfonius^ and Mid- dleton^ on the fenate ; to Pignorias, on Haves ; to 5/- gofiius and Griicc/jius, Ma?iutius, Huber, Gravina, Me- rula^ and Heiiiecciiis^ on the afliemblies of the people, the rights of citizens, the laws and judicial proceed- ings ; to LipfiKs, on the magiftrates, the art of war, ihews of the circus and gladiators ; to Sheffer^ on naval affairs and carriages ; to Ferrarius, on the Ro- man drefs ; to Kirchmannus^ on funerals ; to Arbuthnoi^ on coins ; to Dick/on^ on agriculture ; to Donatus on the city ; to Turnebus, Abrabamus, Rofinus, Salmafms, Hotto77iomannus, Gr^'vius, and Gronovius, Montfaucon^ Piti/cus, Erne/ii, and particularly to Gefner, in different parts of the work. After making confiderable progrefs in this under- taking, the Compiler found the execution fo difficult, that he would have willingly dropt it, could he have found any thing on the fubjed to anfwer his views. Accordingly when Mr Lempriere did him the favour to communicate his defign of publifhing that ufeful work, the Clajfical Dictionary, he ufed the freedom - to fuggeft to him the propriety of intermingling with his PREFACE. V his plan a defcrlption of Roman Antiquities. But be- ing informed by that Gentleman, that this was imprac- ticable, and meeting with no book which joined the explanation of words and things together, he refolved to execute his original intention. It is now above three years fmce he began printing. This delay has been occafioned partly by the difficulty of the work, and making various alterations and additions ; partly alfo by a folicltude to receive the remarks of fome gentlemen of learning and tafte, on whofe judgment he could rely, who have been fo obliging as to re-.d over, with critical attention, the Iheets as they were printed. After finifhing what relates to the laws and judicial proceedings, the Compiler propofed publifliing that part by itfelf, with a kind oij'jllabus of the other parts fubjoined ; that he might have leifure to reprint, with improvements, a Summary of Geography and Hiftory, which he compofed a few years ago, for the ufe of his fcholars. But after giving an account of the deities and religious rites in this curfory manner, and without quoting authorities, he was induced, by the advice of friends, to relinquifh that defign, and to poftpone other objects, till he fhould bring the prefent perform- ance to a conclufion. Although he has all along flu- died brevity, as much as a regard to perfpicuity would admit, the book has fwelled to a much greater fize than at firfl he imagined. The labour he has undergone, can be conceived by thofe only who have been converfant in fuch ftu- dies. But he will think his pains well beftowed, if his work anfv/er the end intended, to facilitate the acquifition of claffical learning. He his done every thing in his power to render it ufeful. He has endea- voured to give a jufl view of the conftitution of the Ro- man government, and to point out the principal cau- fes ot the various changes which it •underwent. This part, vi PREFACE. part, It is hoped, will be found calculated to Imprefs on the minds of youth juft fentiments of government in general, by fhowing on the one hand the pernicious efiecls of ariftocratic domination ; and on the other, the ftili more hurtful ccnfequences of democratical licentioufnefs,. and oligarchic tyranny. But it is needlefs to point out what was been at- tempted in particular parts ; as it has been the Com- piler's great aim throughout the whole to convey as much ufeful information as poilible, within the limits he has prefcribed to himfelf. Although very few things are advanced without claffical authority, yet in fo extenfive a • field, and amidfl fuch diverfity of opinions, he no doubt may have fallen into miftakes. Thefe he ihall efteem it the higheft favour to have pointed out to him ; and he earneflly entreats the iiffiftance of the encouragers of learning, to enable him to render his work more ufeful. He has fub- mittcd his plan to the beft judges, and it has uniformly met with their approbation. It may perhaps be thought, that in fome places he has quoted too many authorities. But he is confident no one will think fo, who takes the trouble to examine them. 1 his he efteems the moft valuable part of the book. It has at lead been the moft laborious. A work of this kind, he imagines, if properly executed, might be made to ferve as a key to all the clalfics, and in fome degree fuperfede the ufe of large annotations end commentaries on the different authors; Which, when the fame cuftcms are alluded to, will generally be found to contain little elfe but a- repetition of the fame things. As the work is not divided into bocks and chapters. the table of Contents, it is hoped, will fupply that de- ficiency. The Compiler has nov/ in a c:reat nieafure comple- ted. PREFACE. vii ted, what above twenty years ago he conceived to be wanting in the common plan of education in this coun- try. His firft attempt was to connect the fludy of La- tin grammar with that of the Englifh ; which was ap- proved of by fome of the firft hterary characters then in the Kingdom. It is fufficient to mention Mr Harris and Dr Lowth. He has fince contrived, by a new but natural arrangement, to include in the fame book a vocabulary, not only of the fimple and primitive words in the Latin tongue, but alfo of the moll common de- rivatives and compounds, with an explanation of phra- fes and of tropes. His next attempt was to join the knowledge of antient and modern geography, and the principles of hiftory, with the fludy of the claffics. And now he has endeavoured to explain difFiCult words and phrafes in the Roman authors, from the cufloms to which they refer. LIow far he has lucceeded in the execution, he mufl leave others to judge. He can only fay, that what he has written has proceeded from the purefl defire to promote the improvement of youth ; and that he fhould never have thought of troubling the world with his publications, if he could have found, on any of the fubjects he has treated, a book adapted to his purpofe. He has attained his end, if he has put it in the power of the teacher to convey inftruclion with more eafe, and in a fliorter time ; and of the learner, to procure, with greater facility, infirudion for himfelf. He has laboured long in the education of youth, and wiflied to fliew himfelf not unworthy of the confidence repofed in him by the pub- lic. His chief -enjoyment in life has arifen from, the acquifition and communication of ufeful knowledge ; and he can truly fay with Seneca, Si cum hac exceptione deiur fapientia, iit illam inclufam iemam^ nee enunciem^ rejiciam^ Ep.- 6. Edinburgh, 7 • April, 1791. 5 AD- viu ADVERTISEMENT. ADVERTISEIVIENT to the Second Edition. I'^HE Compiler has felt much fatisfaction from the favourable reception his performance has met with. He has, in particular, been highly gratified by the approbation of feveral of the mailers of the great fchools in England, and of the profeifors in the uni- verfities of both kingdoms. The obliging communi- cations he has received from them, and from other gentlemen of the firll character for claffical learning, he will ever remember with gratitude. Stimulated by fuch encouragement, he has exerted his utmoft induftry to improve this edition. The numerous fa6ts and authorities he has added will fhew the pains he has beftowed. The Index of Latin words and phrafes is confiderably enlarged : and an Index of proper names and things is fubjoined ; for fuggefting the uti- lity of which, he is indebted to the authors of the Analvtical Review. There are feveral branches of his fubjed: which {till remain to be difcufl'ed, and in thofe he has treat- ed of, he has been obliged to fupprefs many particu- lars, for fear of fwelling his book to too great a fize. It has therefore been fuggefted to him, that to render this work more generally ufeful, it ought to be print- ed in m^o diiferent forms ; in a fmaller fize for the ufe of fchools, and in a larger form, with additional obfervations and plates, for the ufe of more advanced fLudents. This, if he find it agreeable to the public, he fhall endeavour to execute to the beft of his abili- t\- : But it muft be a work of time ; and he is now obliged to direct his attention to other objecls- which he confiders of no lefs importance^ As ADVERTISEMENT. ix As feveral of the Claffics, both Greek and Latin, are differently divided by differenc editors, it will be proper to mention what editions of thefe have been followed in the quotations : Cczfar by Clarke^ or hi ufum Delphini ; Pliny, by Brctier ; ^inctlUan and the writers on hufbandry, by Gefner ; Petronius Ar- biter by Biirmannus ; Dionvfius of Halicarjiaffus, by Rcifhe ; Plufarch^s morals, by Xylander ; and Dio Caffius, by Reimarus. It is needlefs to mention the editions of fuch authors as are always divided in the fame manner. Thofe not divided into chapters, as Appian, Sfrabo, Plutarch* s lives, tffc. are quoted by books and pages. Edinburgh, 1 May 21/?, 1792.3 IN this edition, many ufeful remarks and authoriues have been inferted in different parts, withoijj: increafing the fize of the book. The utmoft attention has been paid to the print- ing ; and confidering the difficult nature of the work, it is hoped J that it will be found to be accurately performed. After a careful revifal of the whcle by the Author, the following are the only miftakes that have been difcovered ; Page 32, line 28, infert tiomen. 56, — 25, for Jphoreta, read Jpophoreta. ~"~"" ^73» — 9 ^'^x Emperor, read Emperors. - 181, — 29, delete the point after Z for Sandanapi/ones, read Sandapilones^ ' 49 Si — 3i> for drachm read drachma. Edinburgh, "I November \Jl 1797. J CONTENTS. Pagi -|7«OUNDATION of Rome, r Divifion of its inhabitants, p" I m - ib 1. SENATE and Patricians, ^ _ 2 Badges of Senators, - 7 Confultation of the Senate, . II Decrees of the Senate, . 16 Power of the Senate, - * . 20 II. EQUITES, - 26 III. PLEBEIANS, . 29 Patrons and Clients, _ 30 Nobiles et Ignobiles, . 31 Gentcs et Familia^ - - - _ 3^ Names of the Romans, - • . 33 Ingenui et Libertiniy . 34 IV. SLAVES, - 35 RIGHTS of Roman Citizens, ^ 42 I. PRIVATE RIGHTS, . 44 I. Right of liberty. . ib 2. Of family. m M 46- - ib 4. Of a father, - 47 Emancipation and adoption. - ib 5. Right of property, - 49 Of teftament, . 57 Of wardftiip. - 62 II. PUBLIC RIGxHTS, - - . ib Jus Lath, - - - - . 67 Italicum, - - . 68 State of the provinces, - 69 Municipal towns, colonies, &C. - 71 •— — Foreigners, - " _ 75 b 2 COMITIA, S^ii CONTENTS. Page COMITIA, or afTemblies of the people, - 76 1. Coniitia Cunafay - - nn 2. Ceniuriatciy - - ^p 3' "" Tributa, - - ' p^ MAGISTRATES, - ' - 101 Kings, - - - 106 I. ORDINARY MAGISTRATES. 1. Confuls, - - - 108 2. Prtetors, - - - up 3. Cenfors, - - - - 127 4. Tribunes, - - - 134 5. ^diles, - - - - 142 6. Quseftors, - - 144 Other ordinary magiflrates, - - 147 New ordinary magiftrates under the Emperors, 148 n. EXTRAORDINARY MAGISTRATES. 1. Dictator, and mafter of the horfe, - 152 2. Decemvb'iy - - 155 3. Mihtary tribunes, - - - 157 4. IfiterreXy - - - ib Other extraordinary magiftrates, - - 158 III. PROVINCIAL MAGISTRATES, - 158 1. Under the repu'i)hc, - ib 2. — ™ Under the Emperors, - 165 R e-eftabhfhment of Monarchy under the Emperors, 167 . PubHc fervants of the Magiftrates, - 176 LAWS OF THE ROMANS, - 180 yus et LeXy f - - 181 La^vs of the Twelve tables, - - 186 Origin of lawyers, - - - 187 Confultation of lawyers, - - 188 Lo wyers under the Emperors, - - 1 89 Laws made at different times, - 191 L-iws of the Emperors, - - 222 Corpus Juris, - - 224 JUDICIAL PROCEEDINGS. CIVIL TRIALS, - - 225 1. Summoning to court, - - 226 2. Requefting a writ, - - 227 -2. Different C O. N T E N T S. xiii Page 3. Different a£lions, - - 229 4. Appointment of Jud'ices, - 245 5. Form of trial, - - 247 6. Judgement, - , - 249 7. Confequences of a fentence, - 250 II. Ct^IMIN \L TRIALS, - - 252 — Before the people, - - 253 Before inquifitors, - - 257 Before the Praetors, - - ib 1. Choice of a jury, - - 258 2. The accufer,^ - - - 260 3. The accufation, - - - 261 4. Trial and fentence, - - 263 5. Punifliments, - - - 271 RELIGION / the ROMANS. Deities. 1. Dii majorum gentium f - - 274 2. Dii SeleBiy - - - 283 3. Dii minorum ge^itium^ - - 286 II. Ministers of Religion, - - 290 III. Places of Worship, aind Religious Rites, 320 The Roman year, - - 328 Divifion of Days, - - 334 Roman festivals, - - _ ib ROMAN GAMES, - 339 1. Games and fhews of the Circus, - 340 2. Gladiators, _ _ _ 34^^ 3. Stage plays, - - " 35^ MILITARY AFFAIRS. 1. Levying of Soldiers, - - 361 2. Divifion of troops ; their arms, officers, and drefs, _ « _ 3^(5 3. Difcipline of the Romans ; their Marches and Encampments, - - 372 4. Order ot battle, and different Standards, 378 5. Military rewards, - - 384 6. A xiv CONTENT Sk 6. A triumph, - . ^87 7. Military punifliments, - - 291 8. Military pay and dilcharge, - ^QZ 9. Attack and DfcFENCE of towns, - ot^^ NAVAL AFFAIRS of the Romans, - 398 CUSTOMS of the ROMANS. I. Dress, - - 411 II. Entertainments, - - 433 Pofture at meals, - - 435 , Couches, - - ib Tables, - - • 438 Exercifes, - - 440 Baths, - - - 442 Favourite difhes, - - 447 Wines, - • 452 Cups, - - 455 Private games, - - 457 III. INIarriaGE, - - 459 Divorce, - - 467 IV. Funerals, - - 470 WEIGHTS and COINS, - - 490 Computation of money, - - . 495 — — Of intereft, - - 50c MEASURES of LENGTH, - - 502 Of capacity, - - 504 Method of WRITING, - - 505 Libraries, - - 5 id HOUSES of the ROMANS, - 518 Spinning and v'eaving, - - 522 Chimneys and windows, - 525 Villas and Gardens, - - 530 AGRICULTURE, - - '532 Propagation of trees, - 544 CARRIAGES, - - s^9 DIVIolONSof the CITY, - 560 PUBLIC BUILDINGS, - 564 1 . Temples, - - ib 2. Places of amufement and exercife, 5"67 5. Curia, " - 568 4. Fora, CONTENTS. XV Page 5<58 569 570 572 ib 573 - - 574 575 Limits of the Empire, - 579 4- Fora^ 5- Porticos, 6. V olumns, 7- Triun.phal arches, 8. Trophies, 9 .^quscdufts 10. Cloaca'f II. Public ways, 12- ijrivlgrs. S U M MA R Y OF ROMA N A N T I Q^U I T I ES. •amssm^E^SSSmfm 4 A The Foundation of /jpi^ltY, a;/^ Division of its Inhabitants. ROME was founded by Romulus and a colony from ^/ba Longa, 753 years, as it is commonly thought, before the birth of Chrift. They began to build on the 2 1 ft day of April, which was called Palilia, from Pales, the goddefs of fhepherds, to whom it was confecrated, and was ever after held as a feftival ; (^dies natcdis urbis Romcs.y VeU. Pat. i. 8. Ovid. Faft. iv. 806. Romulus divided the people of Rome into three TRIBES ; snd each tribe into ten CURIi^. The number of tribes was afterwards increafed by degrees to thirty-five. They were divided into country and city tribes, (^rujlictx et urhance^. The number of the curite always remained the fame. Each cii~ ria anciently had a chapel or temple for the performance of facred rites, Varr, de Lat. ling. iv. 32. Tacit. Ann. xii. 24. Dionyf. ii. 23. He who preiided over one curia was called Curio, (^quia facra curahat, Feftus^ ; he who preiided over them all, Curio Maximus. From each tribe Romulus (^hofe icoo foot-foldiers, and 100 horfe. Thefe 3000 foot and 300 horfe were called LEGIO, a legion, becaufe the moft warlike were chofen, Plutarch, in Romulo : Hence one of the thoufand which A each M: a ROMAN ANTIQUITIES. each tribe fumiflied was called Miles, Varro de Lat. ling. iv. 16. (^unus ex mille)^ Iftdor, ix. 3. The commander of a tribe was called Tribunus, ^vy.u^-^oi vel r^iTva^y^ci.) Dionyf, ii. 7. Veget, ii. 7. The whole territory of Rome, then very fmall, was alfo divided into three parts, but not equal. One part was allot- ted for the fersnces of religion, and for building temples ; an- other, for the king's revenue, and the ufes of the ilate ; the third and moll conhderable part was divided into thirty por- tions, to anfwer to the thirty curix, Dionyf. ii. 7. The people were divided into two ranks (^ordines), PA- TRICIANS and PLEBEIANS ; conneded together as PA- TRONS and CLIENTS, Lionjif. ii. 9. In after times a third order was added, namely, the EQUITES. The SENATE. I. "the Injiitution and Number of the Senate. T^HE Senate was inftituted by Romulus, to be the per- petual council of the Republic, (^Confilium reipuhlicce fempiternum, Cic pro Sextio, 65. J It confilled at firft only of 100. They were chofen from among tlie Patricians ; ac- cording to Dionyfius oi Halicarnaffus, ii. 12. three were no- minated by each tribe, and three by each cuna. To thefe ninety-nine Romvdus himfelf added one, to prefide in the fenate, and have the care of the city in his abfence. The fe- nators were called PATRES, either upon account of their age, or their paternal care of the flate ; certainly cut of refpedl ; Liv. i. 8. and their offspring, PATRICK : (_^ii patrem ciere foj/enty i. e. ingenui^ Liv. x. 8. Dionyf. ii. 8. FellusJ. After tnt Sabines were affumed into the city, another hvmdred was chofen from them, by the fuffrages of the curice, Dionyf. ii. 47. But, according to Livy, there were only 100 fenators at the death of Romulus, and their number was increafed by Tullus Hoftilius after the dellruclion of Alba, i. 17. &c 30. Tarquini- "us Prifcus, the fifth king of Rome, added 100 more, who were called PATRES MINORUM GENTIUM. Thofe created by Romulus, were called PATRES MA JORUM GEN- TIUM, Tacit. Annul, xi. 25. and their pofterity, Patricii Majorum Gentium. This number of 300 continued, with fmall variation, to the times of Sylla, who increafed it ; but l^he Senate. 5 how many he added, is uncertain. It appeats there were at leaft above 400, Cic. ad Attic, i. 14. In the time of Julius Caefar, the number of fenators wa# increafed to 900, Dio. xliii. 47. and after his death to 1000 ; many worthlefs perfons having been admitted into the fenate durijig the civil wars, Id. lii. 42. one of whom is called bjr Cicero felf-chofen, Qecius ipfe a fe^y Phil. xiii. 13. But Auguftus reduced the number to 600, Suet. Aug. '^^. Dio, liv. 14. Such as were chofen into the fenate by Brutus, after the expulfion of Tarquin the Proud, to fupply the place of thofe whom that king had (lain, were called CONSCRIPTI, i. e. perfons written or enrolled together ivith the old fenators, who alone were properly ftyled Patres. Hence the cuftom of fummoning to the fenate thofe who were Patres, and who were Confcripti ; (ita appellahatit in iwjum fcnatum leBos^ Liv. ii. i._) Hence alfo the name Patres Cofifcripti ("fc. et^ was afterwards ufually applied to all the fenators, 2. 'The Chujing of Senators, "pERSONS were chofen into the fenate, (^Senatus legehatur. Liv. xl. 51. vel in fenatum legebantur, Cic. Cluent. 47.^, firfl by the kings, Liv. i. 8. xxx. 35. and after their expul- fion, by the confuls, Liv. ii. i. and by the military tribunes, Fejius in Prceteriti Senatores ; but from the year of the city 3IC, by the cenfors : at firfl only from the Patricians, but afterwards alfo from the Plebeians, Liv. ii. 32. v. 12. chiefly however from the Kquites : whence that order was cnHed Semina7-ium Senatiis, Liv. xlii. 61. Some think that the fenate was fupplied from the annual magiftrates, chofen by the people, all of whom had of courfe admittance into the fenate ; but that their fenatorial charafter was not efteemed complete, till they were inrolled by the cenfors at the next Ltijlrum ; at which time alfo the moil eminent private citizens were added to complete the num- ber. See Middleton on the Roman Senate. After the overthrow at the battle of Cannce, a Didlatof was created for chuling the fenate, Liv. xxiii. 22. After the fubverfion of liberty, the Emperors conferred the dignity of n fenator on whom they thought fit. Auguftus created threa men to chufe the fenate, and other three to review the Equz- tes, ia pkce cf the cenfors, Si/ct. Aug. 57. liio. Iv. i^. As ' , K#. 4 ROMAN ANTIQUITIES'; He whofe name was firft entered in the cenfor's books, wa3 called PRINCEPS SENATUS, which title ufed to be gi- ven to the perfon who of thofe alive had been cenfor firft, (^qui primus cenfor, ex Us qui viverent,finjfet, Liv. xxvii. 1 1 .) ; but after the year 544, to him whom the cenfors thought moft worth V, Liv. xxvii. 13. Tliis dignity, although it confer- red no command or emolument, was efteemed the very higheft, and was ufually retained for life, Li'u. xxxiv. 44. xxxix. J2. It is called Principatus ; and hence afterwards the Emperor was named Priticeps^ which word properly de- notes only rank, and not power. In chufing Senators, regard was had not only to their rank, but alfo to their age and fortune. The age at which one might be chofen a fenator (^EtaS Senatoria) is not fufficiently afcertained ; although it ap- pears that there was a certain age requifite, Cic. de lege Ma- nil. 11. Tacit. Ann. xv. 28. Anciently fenators feem to have been men advanced in years, as their name imports, Sal- lufi. Cat. 6. Cic. de Sen. 6. Ovid. Fajl. v. 63. Flor. i. ij. But in after times the cafe was otherwife. It feems probable, however, that the age required for a fenator was not below thirty ; from certain laws given to foreign nations, at different times, in imitation of the Romans, Cic. in Verr. ii. 49. P//;/. ad Traj. Ep. x. 83. for there is no pofitive aiTertion on this fubjecl in the claiTics. The firft civil ofiice which gave one admiffion into the fe- nate was the Quceftorfhip, which fome have imagined might be enjoyed at twenty-five, and confequently that one might then be chofen a fenator ; fi-om Dion CaJJius, lii. 20. Others think at twenty-feven, on the authority of Po/yZ'zV/j-, vi. 17. who fa\ s, that the Romans were obliged to fer^^e ten years in the anny, before they could pretend to any civil magiftracy ; and as the military age was feventeen, of confequence that one might be made quaeftor at twenty feven. But few ob- tained that office fo early ; and Cicero, who often boafts that he had acquired all the honours of the city, without a re- pulfe in any, and each in his proper year, (fuo cmjio'), or as foon as he could pretend to it by law, had pafied his thirtieth year before he obtained the quceftorlhip, which he admini- ilered the year following in Sicily. So that the ufual age of enjoying the q; aeftorfti'p, (^.ttas qu rjloriu), and of courfe of being chofen a fenator, in the time of Cicero, feems to have been thirty-one. But '^he Senate. i But although a perfon had enjoyed the quaeftorfliip, he did not on that account become a fenator, unlels he was chofen into that order by the cenfors, Gell. iii. i8. But he had e- ver after the right of corning into the feaate, and of giving his opinion on any queftion, Cic. in PWr. v. 14. £p. ad Fam. ii. 7. About this, however, writers are not agreed. It is at leaft certain, that there were fome offices which gave per- foas a legal title to be chofen into the fenate, (^unde infenU'- tum legi deherent,') Liv. xxii. 49. Hence perhaps the fena- tors are fometiines faid to have been chofen by the people, (^leBi jiijfii poptili), Liv, iv. 4. Cic. pro Sext. 6^. And Ci- cero often in his orations declares, that he owed his feat in the fenate, as well as his other honours, to the favour of the people, poji red. in Senat. i. He afierts the fame thing in general terms, inVerr. iv. 11. pro Cluefit. 56. Perfons alfo procured admiffion into the fenate by milita- ry fervice, Senatoriimi per 'mihtiam aufpicabmitur gradiim, Se- nec. Ep. 47. So Liv. xxiii. 23. When Sylla, after the dellruftion occafioned by his civil wars and profcriptions, tliought proper to adinit into the fe- nate about 300 Kquitesy he allowed the people to give their vote concerning each of them in an affembly by tribes, Ap- pian. de heU. civ. vi. 413. But Dionyfius fays, that SyUafup- plied the fenate with any perfons that occurred to him, v. 77. and probably admitted fome of tlae loweft rank, Dio. xl. 6^. The Flamen of Jupiter had a feat in the fenate, in right of his office, Liv. xxvii. 8, a privilege which none of the other priefls enjoyed, Cic. Att. iv. 2. Auguftus granted to the fons of fenators, after they affii- med the manly gown, the right of wearing the latus clavusy and of being prefent at the debates of the fenate, that thus they might become the fooner acquainted with public affairs, (^quo celerius reipubliccc ajjuefcerent). Suet. Aug. 38. They alfo had the privilege of wearing the crefcent on their ihoes, Stat, Sylv. V. 2. 28. No one could be chofen into the fenate who had exercifed, a low trade, or whofe father had been a Have, (lihertino patre natus, Horat. Sat. i. 6. 21, &. 44.); but this was not always obferved. Appius Claudius Caecus firft difgraced (inquinavit vel deformavit) the fenate, by electing into it the fons of freed- ' men, (^libertinonun jiliis leBis^, Liv. ix. 29, 46. or the grandfons, according to Suetonius, who fays, that libertini, in I the time of Appius, did not denote thofs who were freed, but their 6 ROMAN. ANTIQUITIES. their progeny, (^ingenuos ex his procreatos)^ Suet. Claud. 24. a diftinftion which no where occurs in the claffics. ,Sex. Aur. Viftor calls thofe chofen by Appius Libertini ; de vir. ilhijlr. 34. But no body regarded that eleftion, whatever it was, as va- lid, Liv. ix. 46. and the next confuls called the fenate in the order of the roll, which had been in ufe before the cenforfliip of Appius, Ihid. 30. It appears, however, that freed-men, were admitted into the fenate, at leaft towards the end of the republic. For Dion Caffius, fpeaking of the cenforfliip of Appius Claudius and Pifo, the father-in-law of Caefar, A. U. 704, fays, that Appius excluded not only all freed-men (aVeAsv^sgof), but alfo many noblemen, and among the refl Salluft, the hiftorian, xl. 6"^. for having been engaged in an intrigue with Faufta, the daughter of Sylla and wife of Milo, ("fl quo deprehenfus, virgis ccefus erat) ; Gell. xvii. 1 8. Serv. in Virg. ^En. vi. 612. Acron. in Horat. Sat. i. 2, 41. Csefar admitted into the fenate not only his officers, Dio. xlii. 51. but even his mercenary foldiers, Id. xliii. 20. xlviii. 22. lii. 25, gc 42. all of whom Auguftus removed, Ibid, at which time he was fo apprehenfive of danger, that when he prefided in the fenate, he always wore a coat of mail un- der his robe, and a fword, with ten of the flouteil of his fe- natorian friends ftanding round his chair, Suet. ^ug. ^^. In the year of Rome ^-^^y a law was made, that no fe- nator, or father of a fenator, Ihould keep a bark above the burden of 30c amphora, or eight tons ; for this was rec- koned fufficient to carry their grain from their farms, and ir feemed below a fenator to reap advantage by merchandife. Liv. xxi. 63. Cic. in Verr. v. 18. Anciently no legard feems to have been paid to the for- tune (census) of a fenator, P/in. xiv. i. and when it was firft fixed does not appear. But in the flourifhing flate of the republic, as we learn from Suetonius, it behoved every fenator to have at leaft eight hundred fejiertia, or 8co,coo fejlertii, which are computed to amount to between^^.r and fe^ ven thoufcind pounds Sterling ; not annually, but for their vvhole fortune. Auguftus raifed it to 1200 H. S. and fup- plied the deficiency to thofe who had not the fum. Suet. Aug. 41. Cicero alio mentions a ceitain fortune as requifite in a fenator, Fam. xiii. 5. Every lujlriim, i. e. at the end of every fifth year, the fe- rate was reviewed by one of the cenfors ; and if any one by his behaviour had rendered himfelf unworthy of that high I rank The Senate. 7 rank, or had funk his fortune beloxv that of a fenator, his name was palTed over by the cenfor in reading tlie roll of fe- nators ; and thus he was held to be excluded from the fenate, (^motus e fenatu.y But this, though difgraceful, did not render perfons itifa- J710US, as when they were condemned at a trial; for the igno- niiny might be removed by the next cenfors, or they might obtain offices which again procured them admittance into the fenate, Cic. pro Cluent. 42. as was the cafe with C. An- tonius, who Avas confid with Cicero ; and with P. Lentulus, who was prcetor at the time of Catiline's confpiracy, Dio. xxxviji. 30. Thus alfo Salluft the hiftcrian, that he might recover his fenatorian dignity, was made Praetor by Caefar, Dio. xlii. 52. and afterwards governor of Numidia, where he did not adl as he wrote, Qvk If^t/icyirxro r^ ie,y'^ '^o'"? Aeyev?.) Id. xliii. 9. but by rapacity and extortion accumulated a great fortune, which he left to his grand-nephew, Tacit. AnnaL iii. 30. Horat. Ocl. ii. 2. This indulgence of being enrolled in the fenate as fupemu- merary members, without a formal eleftion, was firft granted to magiflrates by the cenfors, A. U. 693, Dio. xxxvii. 46. There was a lift of the fenators, (album senatorium, >.i'jx.e,jf^x vel dvuyexQr, fiov>.iVTuv), where all their names were written, which, by the appointment of Auguftus, ufed to be annually palled up in the fenate-houfe. Bio. Iv. 3. et Frag- ment. 137. and the name of any fenator who had been con- demned by a judicial fentence, was erafed from it, "Tacit. Annal. iv. 42. 3. 7^1? Badges and Privileges of Senators. nrKE Badges (injignia) of fenators were, r. the Latus cla^ vusy or Tunica laticlavia, i. e. a tunic or waiftcoat with an oblong broad ftripe of purple, like a ribbon, fewed to it on the fore part. It was broad, to diftinguifli it from that of the Equites, who wore a narrow one. 2. Black bulkins reach- ing to the middle of the leg, Horat. Sat. i. 6. 28. with the letter C in filver on the top of the foot, Juv. vii. 197. Hence, calceosjnutare, to become a fenator, Cic. Phil. xiii. 13. 3. A particular place at the fpeftacles, called Orchestra, next the ftage in the theatre, and next the arena in the amphi- theatre, Cic. Cluent, 47. This » ROMAN ANTIQ^UITIES. This was firft granted them by P. Cornelius Scipio, the «lder, in his confulfhip, A. U. 558. Liv. xxxiv. 54. Hence Orchejlra is put for the fenate itielf, ^Juvenal, iii. 177. In the games df the circus, the fenators fat promifcuouf- \y with the other citizens, till the Emperor Claudius affigned them peculiar feats there aifo, Suet. Claud. 21. D/o. Ix. 7. On folemn feflivals, when facrifices were offered to Jupi- ter by the magiilrates, (^in ebulo Jovis, vel in arna Dial:,) the fenators had the fole right of feafting publicly in the Capitol, GelL xii. 8, Dio. xlviii. 52. drefl in their fenatorian robes, and fuch as were proper to the offices which they had borne in the city, Cic. Phil. ii. 43. Senec. contr. i. 8. When Augullus redu- ced the number of the fenate, he referved to thofe who were excluded, the badge of their drefs, and the privilege of fitting in the Orchejlra, and of coming to thefe public entertain- ments, (^public e epulandi jus ;) Suet. Aug. ^^. 4. '^he AJfemhling of the Senate, and the 'Time and Place of its Meeting. npHE fenate was alTembled (^convocahatur, vel cogehatur) at -*• firft by the kings, Liv. i. 48. after the expuHion of Tar- quin, ufuaUy by the confuls, and in their abfence by the prae- tors, Cic. Ep. Yarn. x. 12, 28. alfo by the dictator, maf- ter ofhorfe, Liv.\\\\. 33. decemviri, nailitary tribtmes, inter- rexy prefect of the city, Liv. iii. 9,&.29.^. Gell.xiv. 7. and by the tribunes of the commons, who could fummon the fenate al- though the confuls were prefent, and even againft their will ; Cic. Ep Fam. x. 28. xi. 6. De Orat. iii. i. Gell. xiv. 8. The Emperors did not prefide in the fenate unlefs when in- velted with confular autliority, (Princeps prcefidehat ; crat e- nim conful ;) Plin. Ep. ii. 11. Paneg. 76. The fenators were fummoned (^arceffehantWy citahantur, 'nocabantur, in fenatum vocahantur, &c.) anciently by a pub- lic ofHcer named VIATOR, becaufe he called the fenators from the country ; Cic. de Sen. 16. or by a public crier, when any thing had happened about which the fenators were to be confulted haftily, and without delay, Liv. iii. 38. but in lat- ter times by an EDICT, appointing the time and place, and publilbed feveral days before, Cic. Phil. iii. 8. not only at Rome, but fometimes alfo in the other cities of Italy, . 6'?V. ad Att. ix. 17. The caufe of alTembling it ufed alfo to be added, con- SULTANDUM- 1^'he Senate. 9 StJLTANDUM SUPER RE MAGNA ET ATROCI, Tacit. Annal. ii. 28. Kdicere fenatum in proximmn diem ; Edicere ut fenatiis ad" ejfst, \3c. Cic. et Liv. paffim. If anj fenator refufed or neglected to attend, he was pu- niihed by a fine and diflraining his goods, (^mulBd et pigno-' ris captione i) unlefs he had a juft excuie, Liv. iii. 58. Cie. Phil. i. 5. Plin. Ep. iv. 29. The fine was impofed by him who held the fenate, and pledges were taken till it was paid. Bvit after fixty or lixty-five years cf age, fenators might at- tend or not as tliey pleaied, Senec. de Brev. Vitde, 20. Con- trov. i. 8. Plin. Ep. iv. 23. The fenate could not be held but in a temple, that is, in a place confecrated by the augurs, Gell. xiv. 7. that thus their deliberations might be rendered more folemn, Cic. Horn. 51. Anciently there were but three places where the fenate u- fed to be held (^Curice v. Senacula^ ; two within the city, and the temple of Bellona without it, Fejim. Afterwards there were more places, as the temples of 'Jitpiter Stator, Apollo, MarSy Vulcan, Tellus ; of Virtue, Faith, Concord, &:c. Al- fo the Curia Hojlilia, yulia, O&avia, and Pompeia ; which laft was lliut up after the death of C?efar, becaufe he was flain in it. Suet. Jul. 88. Thefe Curia were confecrated as temples by the augurs, but not to any particular deity. When Hamaibal led his army to Rome, the fenate was held in the camp of Flaccus the Proconful, betwixt the Porta Collina'xn.di JEfquilina, Liv. xxvi. 10. When a report was brought that an ox had fpoken, a thing frequently mentioned in ancient authors, the fenate was held under the open air, Plin. Hijl. Nat. viii. 45. On two fpecial occafions the fenate was always held with- out the city, in the temple of Bellona or of Apollo ; for the reception of foreign ambalTadors, efpecially of thofe who came from enemies, whom they did not choofe to admit in- to the city ; and to give audience (^cum fenatus datiis eji) to their ov/n generals, who v/ere never allowed to come with- in tlie walls while in aftual command, Liv. iii. 6^. xxxi. 47.— xxxiii. c. 22, 15" 24-— 34, AZ, 3>^, 39> — 4=, 3^- •S'^^^^. Benef. v. 15. The fenate met (corrjeniekat) at flated times, on the ka- lends, nones, and ides of every month; unlefs when the co- jnitia Avere held. For on thofe days (^dichus comitialibus^ it v.- ^9 not lawful to hold a Senate, Cic. ad'^rat. ii. 2. ad Earn. B I. 1. 10 ROMAN ANTIQ^UITIES i. 4. nor on unlucky days, (difihtes nefajlis v. atris") unlefs In danp-erous coujuuclures, Id. viii. 8. Liv. xxxviii. 53. — xxxix. 39. in which cafe the fenate might poftpone the comitia \ Ibid. gcCic. Mur. 25. An ordinary meeting cf the fenate was called Senatus LE- GITIMUS, Suet. Aug. 35. If an extraordinary fenate was given to ambairadors or others for any reafon whatever, it ufed to be called INDICTUS or EDICTUS, and then the fenators were ufaally faininoued by an edJft, whereby anciently thofe were ordered to attend who were PATRES, and who were CONSCRIPTI, Liv. ii. i. but afterwards, « thole who ** were feuators, and who had a right to deliver their opi- " uion in the fenate." (Qu^ senatores, quibusque in SENATU SENTEKTTAM DICERE LICERET, UT ADESSENT ; and fometimes, Ut adessent frequentes, ad viii, Cal. De- CEMBR. £cc. Cic. et Liv. pajjim.') No decree of the fenate could be made unlefs there was a quorum, (^niji fenatorum numerus legitimus adejjet.^ What that was is uncertain. Before the times of Sulla, it feems to have been ico, Z/^'. xxxix. 18. Under Auguft us it was 400, which, however, that Emperor altered, Dio. liv. ■t,^. Iv. 3. If any one wanted to hinder a decree from being pafTed, and fnfpeiSted there w^as not a quorum, he faid to the magiilrate preiiding, NumERa senatum. Count the fenate, Cic. Ep. Fam. viii. ii. Ftjius in numera. Auguftus enafted, that an ordinary meeting of the fenate fhould not be held oftencr than twice a-mouth, on the Kalends and Ides ; and in the months of Septem-ber and Oftober, that only a certain number chofen by lot fhould attend. Suet. Aug. 35. This regulation was made under pretext of eaiing the fe- nators, but in reality with a view to diminifli their authority, by giving them lefs frequent opportunities of exerciiing it. Augufcus chofe a council for himfelf every fix months, (^con- filia femejiria fortiriy) to confider before hand what things fbould be laid before a full houfe, (^ad frequentem fenatum)y Ibid. Tlie fenate met alwaj^s^ of courfe, on the firfl of Januarj^, for the inauguration of the new confuls, who entered into their office on that day, and then ufually there was a crowd- ed houfe. He who had the fafces prefided, and confulted the fathers, firfl, about what pertained to religion, (^de rebus dimfiis), a- bout facrificing to the Gods, expiating prodigies, celebrating sames. Tie Senate. it ^ames, infpe£ting the books of the Sibyls, £cc. Liv. viii. 8. next, about human affairs, na-rvelj, the railing of armies, the ma iagement of wars, the provinces, &.c. The confuls were then faid to coafult tlie fenate about the republic in general, (de repuhlica indefinite,) and not about particular things, (^de rebut ft ngiu'u finite, Aid. Cell. xiv. 7.). The fame was the cafe in daiigerous junftures, when the fenate was confulted about the fafety of the republic, (^de finnma repuLlica, v. tota.^ Cic. paflim. The month of February was commonly devoted to hear embalFic's and the demands of the provinces, Cic ad Fratr, ii. 3. ?^ 12. ad Fam. i. 4. Afcon. in Verr. i. 'i^^. 5. The Manner of Holding and Confulting the Senate. ''pHE magiftrate, who was to hold the fenate, offered a -■ facrifice, and took the aufpices, before he entered the fenate-houfe, Plin. Pan. 76. Gell. xiv. 7. If the aufpices were not favourable, or not rightly taken, the bufinefs was deferred to another day, Cic. Epiji. x. 12. Augrullus ordered, that each fer^ator, before he took his feat, fhould pay his devotions, with an offering of frankin- cenfe and wine, at the altar of that god in whofe temple the fenate were affembled, that thus they might difcharge their duty the more religiouily, Suet. Aug. '^^. When the confuis entered the fenate-houfe, the fenators commonly rofe up to do thtxn honour, Cic. Pis. 12. The fenate was confulted about every thing pertaining to the adminillration of the ftate, except the creation of ma- giftrates, the pafTing of laws, and the determination of war and peace ; all which properly belonged to the vi'hole Re- man people, Dionyf. ii. 14. The fenate could not determine about the riehts of Ro- man citizens without the order of the people, Liv. xxvi. '^7,. When a fall houfe was aifembled, the magiftrate prefiding, whether conful or praetor, 6ic. laid the bufintfs before them in a fet form ; Quod bokum, faustum, felix, fortuna- TUMSIT; REFERIMUS AD VOS, PaTRES CoNSCRIPTI. Then the fenators were alked their opinion in this form ; Die, Sp. PosTHUMi, Q.UID CEKSES ? Liv. \. 32. ix. 8. or Quid fie- ri PLACET; Quid TIBI VIDETUR ? Inafldngthe opinions of the fenators, the fame order was B 2 not 12 ROMAN ANTIQUITIES. not ahvays obferved ; but ufually the princeps fenatus was firll defired to deliver his opinion, xmlefs when there were confuls ele£l, who were always aJked firft. Sail. Cat. 50. Cic. Phil. V. 13. FaTTi. viii. 4. and then the reft of the fe- nators according to their dignity, Confulares, Prcetorii, JEdi- litii, Trihimhu, et ^Uirjiorii, which is alfo thought to have been their order in litting, Cic. Phil. 13. The benches on v/hich the fenators fat, (fubfellia), Cic. Cat. i. 7. were pro- bably of a long form, Cic. Fain. iii. 9. as that mentioned by Juvenal, Qonga cathedra')^ ix. 52. and diftinft from one ano- ther, each fit to hold all the fenators of a particular dcfcrip- tion ; fome of them fhorter, as thofe of the tribunes, which feem to have held only a fmgle perfon. Suet. CI. 23. The confuls fat in the moft diftinguilhed place, on their curule chairs, Cic. Ibid. ?i? Cat. iv. i. As the confuls eleft Avere firft ailsLed their opinion, fo the pnietors, tribunes, Sec. eleo", feem to have had the fame pre- ference before the reft of their order, Cic. ad. Att. xii. 21. in Verr. v. 14. He who held the fenate, might aflc firft any one of the fame order he thought proper ; which he did from refpeft or friendfhip, Cic. pojl. redit. in Senat. 7. Liv. V. 20. Gell. iv. 10. xiv. 7. Senators were fometimes afked their opinion by private perfons ; (^nmlti rogahantu?', atque id- ipfum conjuliliis iwjitis j) Cic. Fam. i. 2. The confuls ufed to retain tlirough the whole year the fame order which they had obferved in the beginning of their office, Suet. 'Jul. 21. But in later tim.es, efpecially under the Emperors, they were alked in what order the magiftrate who prended thought proper, Cic. jltt. i. 13. Plin. Ep. ix. 13. When they were all aiked their opinions, they were {zLid perrcgari, Liv. xxix. 19. Plin. pan. 60. and the fenate to be regularly confulted or the affair to be deliberated about^ (ordine conftili,^ \an. ii. 28, and 29. . Auguftus obferved ro certain rule in aiking the opijiions of the fenators, that there- by they might be rendered the more attentive. Suet. 35. Nothing could be laid before the fenate againft the will of the confuls, unlefs by the tribunes of the people, who might alfo give their negative (inoramfacerey againft any de- cree, by the folemn word VETO ; which was called intrr- ceding, (^interccda-ej. This might alfo be done by all who had an equal or greater authority than the magiftrate prefidin?, Cic. Legg. iii. ^. Gill. xiv. 7. If any perfon interceded, the fentence of the fenate was called SENA-TUS AUCTO- KITAS, 'T^he Senate. 13 RITAS, their judgement or opinion, Liv. iv. 57. Cic. Fam. i. 2. viii. 8. and ViOifcnatus conjultum or decretum, their com- mand. So likewife it was named, if the fenate was held at an improper time or place, (alieno tempore aut loco'); or if all the formalities (folemnia) were not obferved, Dio. Iv. 3. in which cafe the matter was referred to the people, or was afterwards confirmed by a formal decree of the fenate, Cic. Ep. Fam. x. 12. But when no mention is made of interceilion or informality, AuEloritas fenatih is the fame with Cotifultiimy Cic. Legg. ii. 15. Thej are fometimes alfo joined ; thus, SenaUlJconfiilti auc- toritas, which was theufualinfcriptionof the decrees of the fe- nate, and marked with thefe initial letters, S. C. A. Cic. The fenators delivered their opinion, (Jententiam dicebant)^ ftanding : Whence one was faid to be raifed, (excitarz), when he was ordered to give his opinion, Liv. ix. 8. Cic. ad Attic. i. 13. But when they only aflented to the opinion of ano- tlier, (yerho ajfcntiehantur), they continued fitting, Cic. Fam. V. 2. Flin. Pan. 76. The principal fenators might likewife give their opinion about any other thing, befides what was propofed, which they thought of advantage to the Hate, and require that the conful would lay it before the fenate ; which Tacitus calls, Egredi relationem. They w^ere then faid CEN- SERE referendum de aliqiia re. Sail. Cat. 50. Plin. Ep. vi. 5. or Relationem pojlulare, Tacit. Ann. xiii. 49. For no pri- vate fenator, not even the conful-ele£l, was allowed to pro- pofe to the fenate any queftion himfelf, Cic. pro Dom. 27. Sometimes the whole houfe called out for a particular mo- tion, Sail. Cat. 48. And if the conful hefitated or refufed, which he did by faring, Se CONSIDERare velle, the other magillrates, who had the right of holding the fenate, m.ight do it, even againfl his will, particularly the tribunes of the people, Cic. pro leg. Manil. 19. pro Scxt. 30. Fpijl. Fam. X. 16. Hence Auguftus was, by a decree of the fenate, in- verted with the power of tribune for life, that he might lay any one thing he pleafed before the fenate every meeting, although he was not conful, Dio. liii. 32. And the fucceed- ing Emperors obtained from the fenate the right of laying before them one, two, or more things at the fame meeting ; which was C3^gA.jus primie, fecundc^, tertla, quart a: , et quin- tce relationis, Vopifc. et Capitol. In thofe times the fenator who gave his oninion firft, was called Primce fent entice fenator y Ibid. " , . I; was not lav, ful for the confuls to interrupt tliofe that fpoke. J4 ROMAN ANTIQUITIES. fpoke, although they Introduced in their fpeech many things foreign to the fubjecl ; which they fometinies did, that they might wafte the day in fpeaking, {ut diem dicendo eximerentf confumerent v. toller ent^. For no new reference could be made after the tentii hour, i. e. four o' clock afternoon ac- cording to our manner of reckoning ; Senec. de 'Tra?iquill. An. c. ult. nor a decree palTed after funfet, A. Gell. xiv. 7. Hence Cicero, in blaming the decrees of Antony, calls them SCta Vespertina, Phil. iii. 10. We read, however, of the fenate's being aflembled at midnight, upon the arrival of an exprefs from one of the confuls, Sp. Fiirius, that he was befieged by the iEqui and Volfci, A. U. 290, Dionyf. ix. 6^. fo iii. 26. and of a perfon harranguing till it was fo late that lights were called for, (nocie illatis lucernis), Plin. Ep. iv. 9. Thofe who grofsly abufed this right of fpeaking without interruption, were fnmetime* forced to give over ioeaking, (j>e}-orare^,\>j the noife and clamour of the other fenators, Cic. adAtt. iv. 2. Sometimes magiftrates, when they made a dif- agreeable motion, were fJenccd in this manner. Thus, Captum eji referri de inducendo SCto, i. e. deleudo vel expungendo ; ah omni fenatu reclamatum ejl, Cic. pro Doni. 4. Ejus oratio- ni vehementer ah omnibus reclamntum eji^ Id. Fam. i. 2. So ■when a fenator threw out abufive language againft any one, as Catiline did againft Cicero and others, the whole fenate bawled out againft him, {ohjirepere 07/z«^j), Sail. Cat. 31. This ufed alfo to happen under the Emperors. Thus Pliny, fpeaking of himfelf, after the death of Domitian, fays, Finio. Incipit refpondere Vejento ; nemo patitur ; obturhatur, chjirepitur ; adeo guidem ut diceret ; RoGO, Patres C. NE ME COGATIS IMPLORARE AUXILIUM TriBUNORUM. Et Jla- tim M-urena trihunus, Permitto tibi, vir clarissime, Ve- JE>TT0, dicere. 'Tunc nuoque 7eclamatur, Ep. ix. 13. The title of Clarissi?.iU3 was at this time given to all the fena- tors ; but formerly only to the leading men. Sometimes the fpeeches of fenators were received with fhouts of applaufe ; thus, Confurgenti ad cenfendum acclama- tum ejl, quodfolet rejidentibus , Plin. Ep. iv. 9. And the moft extravagant expreflions of approbation were beftowed on the fpeakers : Non fere quifquam infinatu fuit, qui non me complec- teretuTy exofcularetur, certatimque laude cumularet^ Id. ix. 13. The conful, or prefiding magiftrate, feems to have exer- cifed difF;rent powers in the fenate at different times, Cic. Orat. The Senate. 15 Orat. iii. I. When Cato one day, to prevent a decree from being paTed, attempted to walle the day in fpeaking, Caefar, then confal, ordered him to be led to prifon, whereupon the houfe rofe to follow him, which made Csefar recal his order^ Gell. iv. 10. If anj one in delivering his opinion had included feveral diilin£l articles, fome of which might be approved and o- thers rejected, it was ufual to require that the opinion might be divided, and that each particular might be propofed apart ; and therefore 2.r\j fenator might faj, Divide, Cic. Fam. 1. 2- Senec. Ep. 21. Afcon. in Cic. Mil. 6. In matters of very great importance, the fenators fome- times delivered their opinions upon oath, (^jiirati^y Liv. xxvi. 33. XXX. 40. xlii. 21. Several diiferent queftions might be referred to the fenate by different magiflrates in the fame meeting, Cic. Phil. vii. I. Liv. XXX. 21. When any magiftrate made a motion, he was faid. Ver- ba FACERE ; REFERRE vel EEFERRE AD SENATUM, Or CON- SULERE SENATUM DE ALiQUA RE, Cic. in Pif. 1 3. and the fe- nators, if they approved of it, relationem accipere, Liv, ii. 39- . When different opinions w^ere delivered, the fenators expref- fed their affent, fome to one, and fome to another, varioufly, by their looks, by nodding with their heads, by ftretching out their hands, &c. 'Tacit. Hijl. iv. 4. Tlie fenators who fpoke ufually addreffed themfelves to the whole houfe, by the title of Patres Conscripti, Cic. et Liv. paffim ; fometimes to the conful or perfon who prefided, Cic. Phil. viii. I. fometimes to both, Liv. vi. 15. They commonly concluded their fpeeches in a certain form : Qua- RE EGO iTA censeo ; or Placet igitur, &c. Salliijl. Cat. li. 52. Quod C. Pansa verba fecit de — de ea re ita CENSEO ; or Qu^ CUM ITA SINT ; or QUAS OB RES, ITA CENSEO, Cic. Phil. iii. 15. v. 4. ix. 7. Sometimes they uf- ed to read their opinion, (de fcripto dicere)y Cic. Fam. x. 13. and a decree of the fenate was made according to it, (171 fen- tentiam alicujus, vel, ita ut ille cenfebat.^ When a fenator did not give an entire aiTent to the opi- nion of any one, but thought that fomething fhould be add- ed, he faid, Servilio asse^jtior, et hoc amflius censeo ? Cic. Phil. xiii. 21. which was called adders fititentice, vei in fcntentia-fTiy Sail. Cat. ci. .16 ROMAN ANTIQJJITIES. 6. The Manner of making a Decree of the Senate. Vf/HEN feverai different opinions had been offered, and each fupported by a number of lenators, the conful or Jnagifirate prefiding might firil put to the vote which opi- nion he pleafed, (^fententiam pritnam pronunciare, ut m earn difceflio feret); Cic. Ep Fam. i. 2. x. 12. or fupprefs alto- gether (negarefe pronunciaturuni) what he difapproved, Ccef. de Bell, dvili, i. i. And herein confifted the chief power of the conful in the fenate. But even this was fometimes contefled by the tribunes, (antefe oportere difcejjionemfacere, quam confules), Cic. Fam. i. 2. A decree of the fenate was made by a feparation (^per dif- cejjionem) of the fenators to different parts of the houfe. He xvho prefided faid, " Let thofe who are of fuch an opinion " pafs over to that fide ; thofe who think differently, to this." (Qui hoc censetis, illuc transite. Qui alia omnia, IN hang partem.) Hence Ire pedihus in fententiam alicujuSy to agree to any one's opinion ; and Bifcedere v. tranjire in a- ha omnia, for Contrarium feiitire, Plin. Ep. viii. 14. Frc- quentes ierunt in alia omnia, a great majority went into the contrary opinion, Cic. Fam. i. 2. Freqiiens Jenatus in alia om- nia iity Id. viii. 13. difcejjit, x. 12. The phrafe Qui alia OMNIA, was ufed inflead of Qui non censetis, fc. hoc, from a motive of fuperilition, {ominis caujc'i), Feftus. Thofe fenators who only voted, but did not fpeak, or, as fome fay, v^ho had the right of voting, but not of fpeaking', were caUed PEDARH, FeJ^us^ A. Cell. iii. 18. Cic. ad Att. i. 19. 20. becaufe they ligniiied their opinion by their feet, and not by their tongues : Or, according to others, becaufe not ha- ving borne a curule magillracy, they went to the fenate on foot, A. Gell. ibid. But, according to Pliny, anciently all the fenators went to the fenate on foot ; and the privilege of being carried thither in a chariot was never granted to a- ny one but Metellus, who had loff his fight in refcuing the Palladium, or image of Pallas, from the temple of Veila when in flames, Hi/l. Nat. vii. 43. f. 45. He who had fii-ft propofed the opinion, (qui fententiam Je- natui prcejlitifftt, Cic. in Pif. 32.), or who had been the prin- cipal fpeaker in favour of it, the conful, or whoever it was, (PPvINCEPS vel AUCTOR Sententice.Ovid.. Pont. ii. 3. 31). palTed The Senate. 17 and thofe who agreed with him followed, Plin. Epiji. ii. 11. Thofe who diftered went to a different part of the houfe ; and into whatever prat moll of the Senators went, the Couful faid of it, " This feems to be the majority," (H^c pars major V'IDETUR.) Then a decree of the Senate was made according to their opinion, Plin. Ep, ii. 12. and the names of thofe who had been moft keen for the decree, were ufuallj prefixed to it, which were called AUCTORITATES pcrfcripta vel pi\rfcrip- t(v, Cic. Orat. iii. 2. becaule thej flaid to fee the decree made out, (^fcrihendo adfuerunt, i. e. Senatus confultu confici- endi tcjlcs erarit.^ Senatus confultum ed perfcriptione ejly of that form, to that efre6l, Cic. Earn. v. 2. Anciently the letter T was fubfcribed, if the Tribunes did not give their negative ; for at fxrft the Tribunes were not ad- mitted into the Senate, but fat before the Senate-houfe on benches, till the decrees of the Senate were brought to them for their approbation or rejeftion, Val. Max. ii. 7. This, however, was the cafe only for a very fhort time ; For A. U. 310, we find Canuleius, one of their number, fpeaking in the Senate, Liv. iv. i. and Dionyiius fays they v.'ere admitted foon after their inftitution, vii. 49. When a decree of the Senate was made, without any opi- nions being aiked or given, the fathers v/ere faid, Pedihus fer.- re fe?itentiam ; and tlie decree was called SENATUS CON- SULTUM PER DISCESSIONEM, A. Cell. xiv. 7. Cic. Phil. iii. 9. Suet. Tib. 31. But when the opinions of the Se- nators were afked, it was firnply called SENATUS CON- SULTUM, Cic. in. Pif. 8. Although it was then alfo madts per difceJ]ionc7n ; and if the Senate was unanimous, the dif- cejjio was faid to be m.ade f^ne ulla varii'tatc, Cic. pro Se::t. 34. If the contrary, in magna varietate fe?itentiarum, lb. In decreeing a fupplication to any general, the opinions cf the Senators were always aflced ; hence Cicero blames Antony for omitting this, in the cafe of Lepidus, Phil. iii. 9. Before the vote was put, (^ante difcejjlonevi faE}am\ and while the de- bate was going on, the members ufed to take their feats near that perfon whofe opinion they approved, Plin. Ep. viii. 14. and the opinion of him v.^ho was joined by the greatell number, was called SENTENTIA maxime frequens. Id. ii. 11. Sometimes the Conful brought from home in writing the decree which he wifhed to be paffed, and the Senate readily agreed to it, Cic. Phil. i. i. When fecrecy was ueceffary, the clerks r,nd other attend- C ant^ i8 RCMAN ANTIQU-KTIES. ants were not admitted; but what pafiedvas -writtrii out by feme of the Senators, Cic.pro SylL 14. A decree made in this manner was called Tacitum, Capitol. Gordian. 12. Seme think the Senatores Pedarii were then likewife excluded, from Valer. Max. ii. 2. Julius Caefar, when Cor.ful, appointed that what was done in the Senate ("Diurna Acta) Ihould be publifhed : Smt. 'Jul. 20. which alfo feems to have been done formerly, Lie. pro Syll. 14. But this was prohibited by Auguflus, Siiet. Aug. "i^^. An account of their proceeding;, hcAvever, v. as always made out ; and under the fucceeding Kmperors we find fome Sena- tor chcfen for this purpofe. {Aciis vel comvientariis Senatus co7ificicndis^ Tacit. Ann. v. 4. Public regiilers (ACTA, i. e. tahuhe vel connnentari'i), were alfo kept of what was done in the affemblies cf the people and courts of juftice ; alfo of births and funerals, cf marriages and divorces, &:c. \\ hich ferved as a fund of information for hif- torians ; hence Diurna Urbis Acta, 'Tacit. Annal. xiii. 31. Acta Pcfuli, Suet. Jul. 20. Acta Publica, lacit. Ann. xii. 24. Snct. Tib.x. Plin. Ep.x'n. 33. Urb a:-: A, Jrf'. ix. 15. ufually called by the limple name Acta, Cic. Fa:n. xii. 8. P/zV;. vii. 94. SENATUS CONSULTUM and DECRETUM are ufed premifcuoufly to denote what the Senate decreed : Cic. Liv. et Sail. pajjl?;i. So Confulta et Becreta v^trnw, Herat. But they were alfo diitinguiflied as a. genus and Jj^eaes, decretum being fometimiCs put for a part of the SCtum, as v;hen a province, an honour, or a fupplication was decreed to any one, Fejii/s. Decretum is likewife applied to others befides the Senate ; as, Dccrcta Confulum, Augnrvnr, Fontijicum, Decuriornim, defaris, Principis, yudieis, Su:. So likewife confulta, but more rarely ; as, Confulta Sapicntujn, the ir.axims or opinions, C/r.<'/^/^_§-. i. 24. Cojifidta Belli, determinations, Sil. iv. ^l- Gracchi^ Id. vii. 34. In writing a decree of the Senate, the time and place were put firfl, then the names of thofe who were prefent at the in- grofiing of it; after that the motion, with the name of the magiftratc v.-hc prcpofed it ; to all which was fubjoii:ed what . the Senate decreed. Thus, Senatus Coxsulti Auctoritas, Pridie Kal. Octoe. in ^Ede Apollinis, Scribexdo ad- ruERUNT, L. Domitius, &€. QiJGD M. Marcellus Cos. verba fecit de Provinciis Consularibus, de ea re ita CENSuiT, V. censuerunt, uti, fitc. Cic. Ep. Fam. viii. 8. Hence we read, De ea re Senatus consultus ita cen- suit. ■'7he S E N A T E; IQ SUIT, DECREVIT ; Alfo PlaCERE SeNATUI ; SeN'ATUM VELLE LT ^QUUM censere ; Senatu.m EXISTIMARE, ARBITRARI, ET JUDICARE ; ViDERi Senatui, Cic. Ltv. Sail. Scc. pajfim. If the tribunes interpofed, it was thus marked at the end \ Huic Sekatus Consulto intercessit C. Ccelius, C. Pansa, Trib. Fleb. Cic. ibid. Soinetimes the Tribunes did not acluallj interpofe, but required fome time to coniider of it, and thu3 the matter was delayed, Cic. pro Sext. 34. When the Senate ordered any thing; to be done, thefe words were commonly added, PPvIMO QUOQUE TEMPORE, as foon as poilible. When they praifed the aftions of any perfons, they decreed, Eos recte atque ordine VIDERI EECissE, Liv. pajfirn. If the contrary, Eos coxtra rem- PUBLICAM FEcrssE VIDERI, Id. Orders were given to the confuls, (^Negotiiwt datum ejl ConfuUhus,') not in an abfolute manner, but with fome excep- tion ; Si VIDERETUR, si E REPUBLICA ESSE DUCERENTj Liv. Quod coi^imodo Reipublic.?: fieri posset, CceJ. Ut Con- SULES alter, AMBOVE, SI EIS VIDEATUR, AD BELLUM PRO- ficisgerektur, Cic. Vv'hen the Confuls obeyed the orders of the Senate, they were faid esse vel fore in patrum pot es- tate ; and the Senators, when they complied v.'ith the de- fires of the people, esse ix populi potestate, Liv. ii. ^6. &c. When the Senate a&ed any thing from the Tribunes, the form y.-a3, Senatus censuit, mt cum TRIBU^'IS aceretur, Liv. xxvi. 33. XXX. 41. The decrees of the Senate, when written cut, Vv-ere laid up in the treafury, {in JKrarium condehantur), wliere alfo the laws and other writings pertaining to the Republic v/ere kept. Liv. iii. 9. Anciently they were kept by the TEdiles in the temple of Ceres, Id. iii. ^^. The place where the public re- cords were kept was called TABULAFvIUM. Tlie decrees of die Senate concerning the honours conferred on Cafar were infcribed in golden letters on columns of filyer, Dio. xliv. 7. Several decrees of the Senate ftill exi ft, engraven on tables of brafs ; particularly that recorded, Liv. xxxix. 19. The decrees of the Senate, when not carried to the trea- fury, were reckoned invalid, Snet. Aug. 94. Kence it was ordained, under Tiberius, that the decrees of the Senate, ef- pecially concerning the capital punilliment of my one, Ihould not be carried to the treafury before the tenth day, 'Tacit. An,n. iii. 51. that the Emperor, if abfent from the city, mip-ht have an opportunity of confidering themj, and, if ';e thought; proper, of mitigating them, Tiio. Ivii. 20. Suet. 'Tib. 75. C a Before io ROMAN ANTIQUITIES. Before the year of the city 306, the decrees of the Senate- were fuppreffed or altered at the pleafure of the confuls, Ltv. iii. 55. Cicero accufes Antony of forging decrees, Phil. v. 4. Decrees of the Senate were rarely reverfed. While a queftion was under debate, Q-e Integra^ every one wr.s at freedom to ex- prefs his diffent, {contfadicere vcl dijfentire); but when it was once determined {re peraEta^ it was looked upon as the common concern of each member to fnpport the opinion of the majotity, (^quod fJuribus placuijfet, cimBis tuendum^, Plin. Ep. vi. 13. After tvery thing was finiflied, the magiilrate prefiding difmifl'ed the Senate by a fet form ; NoN amplius yds mo- RAMUR, P. C. or Nemo yds tenet ; Nihil vos moramur ; Consul, citatis nominibus, et peracta discessione, mit- riT SenatuiM, I^lin. Ep. ix. 13. 7. 'The Power of the Senate at different Periods. HP HE power of the Senate was different at different times. Under the regal government, the Senate deliberated upon fuch public affairs as the king propofed to them ; and the kin^s were faid to a6l according to their counfel, (ex confilio Patruniy Liv. i. 9.) as the C9nfuls did afterwards according to their decree, (^cx SCto.') Liv. ii. 2. Sec. Tarquin the Proud dropped the cuftom handed down from his predeceiTors, of confulting the Senate about every thing ; banifhed or put to death the chief men of that order, and chofc no others in their room, Liv. i. 49. But this king was expel- led from the throne for his tyranny, and the regal goY'ernment abolilhed, A. U. 243. After this the power of the Senate was raifed to the higheft. Every thing was done by its authority. The magiflrates were in a manner only its nuniflcrs, {cpiajl minijlri gravijjimi concilii, Cic. pro Sextio, ^l^ No law could be pafTed, nor affembly of the people held, without their confent ; iiifi Pati-ihus auBori- hjiSy h. e. jubcntibus v. permittcntibus. Lit), vi. 42. But when the Patricians began to abufe their power, and to exer- cife cruelties on the Plebeians, efpecially after tlie death of Tarquin, A. U, 257, the multitude took arms iti their own defence, made a feceflion from the city, feizcd on Moiis Sacer, and created Tribunes for themfelves, who attacked the autho- rity of the Senate, and in procefs of time^ greatly diminifhed it by various means ; Firjl, by the introdu6lion of the Comitia Trihuia^ The Senate. 4i Trihtcta, and the exclufion of the Patricians from them, Liv. ii. 60. Then, bj a law made by Ljetorius the Tribune, that the Plebeian magiftrates fhould be created at the Comitia Trihiita, Liv. ii. 56. 5c 57. Dionjf. ix. 49. Afterwards, bj a law pafTed at the Comitia Ccfituriata,hy th.Q confuls Horatius and Valerius, that the laws palTed at the Comitia Tributa, (Plebifcita) fliould alfo bind the Patricians, Liv. iii. ^^. And laftlj, by the law of Publiliusthe Diclator, A.U. 414. Liv. viii. 12. andof Mosnius ihe Txih\iTxt,\. 15.^6 '].Cic. Brut. 14. that before the people gave their votes, the fathers fhould authorife whatever the people ihould determine at the Comitia Centiiriata ; (^titjierejit auBores gjusrei, quam poptilosjujfurus effet,w.in incertum eventum comitio- rum, Liv.) Whereas formerly, whatever the people ordered was not ratified unlefs the Senators confirmed it, {riiji patres auElores Jierent, Liv. i, 17,22. iv. 3, 49. Cic. Plane. 3.) But the power of the Senate was moll of all abridged jy the right of the Tribunes to render the decrees of the Senate of no effedl by their negative, (inter cedendo.) Still, however, the authority of the Senate continued to be very great ; for as power and majefly properly belonged to the people, fo did authority^ Iplendor, and dignity, to the Senate. (Potejias in populo, atic- toritas in Senatu, Cic. Legg. iii. 12. Locus, aucioritas, domi Jple/idor ; apud exte?-as nationes nomen et gratia,ld.'proQlnent. ^6\ The Senatorian order is called by Cicero, Ordo amplijjimus (tfanBiJJimus; fummum Poptiii Romani, populoru7nque et gentium ommiirn ac Regiem covjiliiim ; pro Dom. 28. And the Senate- houfe, Templam fancfitatis, amplitudinis, mentis, conjilii lyuhliciy caput urhis, ara fociorum, partus omjnum gentium, &:c. pro Milone, 33. Hence Senators in foreign countries were treated with the highell refpeft, Cic. in Verr. iv. 11. And as Sena- tors were not allowed to leave Italy without permiflion, (fine commeatu), Cic. Attic, viii. 15. Suet. Claud. 16, & 23. Ner. 7,^. unlefs to Sicily and Gallia Narbonenfis, Dio. iii. 42. When they had occafion to travel abroad, they ufually obtained the privilege oizfree legation, as it was ufually called , (Jine mandctis, fine ullo reipublicce munere ; tit hcercditates aut fyngraphas fuas pcrfequcrentur,) Cic. de Legg. iii. 8. Ep. Fam. xi. i . Att. xv. 12. Suet. Tib. 31. which gave them a right to be treated every where with the honours of an ambafTadcr. In the provinces they had Lifters to attend them, Cic. Ep. Fam. xii. 21 . And if they had any law-fuit there, they might require that it fliould be remitted to Rome, Lb. xiii. 26. The advantages of ho- nour and refpefl: v,'ere the only compeniation which Senators received 22 ROMAN ANTIQ^UITIES. received for t])eir attention to public affairs, Cic. Clucnt, <5. Although the fupreme power at Rome belonged to the peo- ple, yet thej feldom er.aded any thing without the authority ol the Senate. In all weiglity affairs, the method ufually obferved was, that the fenale fliould firft deliberate and decree, and then the people order. Senatus cEnsuit v. decrevit, Populus JUSSIT, Liv. i. 17. iv. 49 X, 12. 45. ::xxvii. 55. &.c. But. there were many things of great importance, which the Se- nate always determined itfelf, unlefs when they were brought before the people by the interceffions of the Tribunes. Thib right the Senate feems to have liad, not from any exprcfs law. but bv the cuftom of their anceftors, Cic. de Orat. i. 52. 1. The Senate affumed to themfelves the guardianfliip of the public religion ; fo that no new god could be introduced, nor altar erected, nor the fvbilline books confulted, without their order, Liv. ix.. 46. Cic. de Div. i. 48. 54. 2. Tlie fenate had the diredlion of the treafury, and diftri- buted the public money at pleaiure, Cic. in Vatin. 15. Liv, xxxviii. 54. They appointed Illpends to their generals and oili- cers, and provilions and cloathing to their armies, Folyb. vi. 11 . 3. They fettled the provinces, which Avere annually aflign- ed to the Confuls and PrcCtors, and when it fcemed fit they prolonged their command, Cic. pro Dom. 9. 4. They nominated out of their own body all ambnfiadors fent from Rome, Liv. ii. 15. xxx. 26. xlii. 19. ct alibi pcif- Jim j and gave to foreign ambaffadors what anfwers they thought proper, Cic. in Vatin. 15. Do?n. 9. Liv.\'i. 26. vii. 20. xxx. 17. 5. They decreed all public thanklgivlngs for victories ob- tained ; and conferred the honour of an ovation or triumph, with the title of IMPERATOR, on their vi£torious generals, Cic. Phil. xiv. 4. Sc 5. Liv. 5. 23. Polyb. vi. li. 6. They could decree the title of King to any prince -wliom ihey pleafed, and declare any one an enemy by a vote, Ccf. Liv. ei Cic. pa^fjim. 7. They enquired into public crimes or treafons, cither in F\.ome or the ether parts of Italy, Liv. xxx. 26. and heard and determined aU difputes among the allied and dependent cities, Cic. Gff.'x. 10. Polyh. vi. 11. 8. Tliey exercifcd a power, not only of interpreting tlse laws, but of abfolving men from the obligation of them, and even of abrogating them, Cic. pro Dom. 16. ^7. pro h'ge Manil. 21. dc Legg. ii. 6. Jljcon. in Cic. pro Cornd. Fliti. Epijl. iv. 9. 9. They J Ujc S e n a t Ei ag o. They could poftpoiie the aflemblies of the people, Cic. pro Mur. 25. yltt. iv. 16. and prefcribe a change of habit to the citv^ in cafes of any imminent danger or calamity, Cic. pro Sext. 12. But the power of the Senate waa chiefly con- fpicuous in civil dilTenlions or dangerous tumults within the city, in which that folemn decree ufed to be pafled, " That " the confuls fliould take care that the republic fhould recei-we ** no harm ;" Ut confides darent operam, tie quid detrime?tti rcf- puhlica caperet. By which decree an abfolute power was granted to the confuls, to punifli ar^d put to death whom they pleafed without a trial ; to raife forces, and carry on war with- out the order of the people, SaUufi. de hello Cat. 29. This decree was called ULTIMUM or EXTREMUM, ■ Cue/, de Bell. Civ. i 4. and Forma SCtiultimce necejjhatis, Li v. iii. 4. By it the republic was faid to be intruded to the con- fuls, permitti v. conimsndari confulihus ; or permitti confidibiis ut rempubllcam defeiiderent^ Cic. Sometimes the other magi- llrates were added, Caf. ibid. Liv.vi. 19. Sometimes only one of the confuls is named, as in the commotion raifed by C. Gracchus, Ut L. Opimius Cotjful vidcret, &c. becaufe his colleague Q^ Fabius Maximus was abfent, Cic. in Cat. i. 2. So liv. iii. 4. Although the decrees of the Senate had not properly the force of laws, and took place chielly in thofe matters which were net provided for by the laws ; yet they were underftood always to have a binding force, and were therefore obeyed by all orders. The confuls themfelves were obliged to fubmit to them, Liv. iv. 16. xlii. 21. They could be annulled or cancelled (induc2, i. e. deleri, poterant^ orCij by the Senate itfelf, Cic. pro Dorr.. 4. Attic, i. 17. Their force however in certain things was but tem.porary ; and the magiftrates fome- times alledged, that they were binding but for one year, Dionyf. ix. 37. In the lafb age of the republic, the authority of the Senate w^as little regarded by the leading men a-ad their creatures, Cic. pro Sext. 12. who, by means of bribery, obtain- ed from a corrupted populace what they delired, in fp'te of the Senate, Abpian. de hell. civ. ii. 433. &c. Thus Csefar, b}"" the Vatinian law, obtained the province of Cifalpine Gaul and lllyricum, for five years from the people ; a.id foon after Gallia Comataox Ulterior, from the Senate; the fathers being afraid, led, if they refufed it, the people fliould grant him ?.]iat too. Suet. Jul. 22. rlutarch. in vita C'er. For the fenators in giving their opinions depended entirely on the will of the prince ; and it was neceffary that their decrees fliould be confirmed by him. An oration of tlie Emperor was ufuaUv prefixed to them, which was not aUvaj's delivered by himfelf, but was ufually read by one of the quaeftors, who were called Candidati, Suet. 'Tit. 6. Aug. 6^. Hence wliat was appointed by the decrees of the Senate, was faid to be oratione principis cautum ; and thefc orations are fomctimcs put for the decrees of the Senate. To fuch a height did the nattery of the Senators proceed, that they ufcd to receive thefc fpeeches vrith loud acclamations, Plin. Pa- ?ieg. 75. and never fi^iled to affent to them j. which they com-| monljf "fhe Senate. 2 j mbnly did by crying out, Omnes, Omnes, Vopifc. in Tacit. 7^ The meffages of the Emperors to the Senate were called EPISTOL^ or LIBELLI ; becaufe they were folded in the form of a letter or little book. I. Cjefar is faid to have firft introduced thefe lihelliy Plutarch, in Vita Caef. --Suet. Jul. 56. which afterwards carue to be ufed almoft on every bccafion. Suet, 'Jul. 81. Aug. 53 & 84. Tacit. Annal. iv. 39. But the cuilom of referring every thing to the Senate, (Suet. 1.0}. 3 O.J was only obferved till the Romans became habituated to flavery. After this, the Emperors gradually began to order what they thought proper, without confulting the fenate ; to ab- rogate old laws and introduce new ones \ and, in fhort, to determine every thing according to their own pleafure ; by their anfwers to the application;? or petitions prefented to them, (per RESCRIPTA ad lihellos ;) bv their mandates and laws, (per EDICTA et CONSTITUTIONES), &c. Vefpafiau appears to have been the firft who made ufe of thefe refcripts and edicts. They became more frequent under Hadrian : From which time the decrees of the .Senate concerning pri- vate right began to be more rare ; and at length under Cara- calla were entirely difcontinued. The conftitutions of the EmperOrs about punifhing or re- warding individuals, which were not to ferve as precedents, were called PRI VILEGIA, ("quafi privce leges,) A. Gell. x. 20. This word anciently ufed to be taken in a bad fenfe ; for a private law about inflidling an extraordinary punifh- ment on a certain perfon without a trial, Cic. de Legg. iii. 19. as the laws of Clodius af!;ainft Cicero, Cic. pro Dom. 17. which Cicero fays was forbidden by the facred law^s and tbofe of the twelve tables, Leges tirivatis hominibus irrogari : id eji enim privilegiu?n, Ibid, et pro Sext. 30. The rights of advantages {heneficici) granted to a certain condition or clafs of men, ufed alio to be called Privilegia ; Plin.'x.. x^S, 57, no. as, the pri'bileges of foldiers, parents , pU" pzls, creditors, &.c. The various laws and decrees of the Senate, whereby fu- preme power was conferred on Auguftus, and which ufed to be repeated to the fucceeding Emperors upon their accefiicn to the empire, (JI'vjji Senatus omnia ^ PRINCIPIEUS SbLlTA, Vefpa- liano decrevit, Tacit. Hift. iv. 3.) when taken together, are "called the Rovallaw ; (LEX REGIA, vel LEX IMPERII, *t AUGUSTUM PRIVILEGIUM probably jn ailufioa 26 ROMAN ANTIQUITIES. to the law, by which fupreaie power was granted to Romu- lus, Liv. xxxiv. 6. The E ^U I r E S. ^pHE Eqititef at firil did not form a diftinfb order in the State. When Romnkis divided the people . into three tribes, he chofe from each tribe loo young men, the moft diftinguiih-sd for their rar.k, their wealth, and other accom- pliuiments, who {liould ftvve on horfeback, and whofe affift- ance he might ufe for guarding his perfon. Thefe 300 horfe- men were called CELERES, [j^/S'; -'^r* rot ^yx, ad opera veloces, Dioayf. ii. 13. vela *jA^j, egves defrdtonus; vela Celere,£'o?7/;7Z pr-rfecto, Feftus) ; and divided into three centviries, which were diftingjuirned by the fame names with the three tribes; namely RAMNENSES, TATIENSES, and LUCERES. Tlie number of the Eqi/ites was afterwards increafed, firft by Tullu3 Hoftilius, who chofe 3c o from the Albans, (decern turmas : TURMA, qicafi Xj^xra'a. diBa eji, qiiodter denis equiti- hvs conjiaret, Varro et Fellus.) Liv. i. 30. then by Tarqui- nius Prifcus, who doubled their num.ber, (^Numero alterum tan-- tnm adjecit;) retaining the number and names of the centuries ; only thofe who were added, were called Ramncnfes^ 'Tatienfes^ Luccres, pojieriores. But as Livy fays there were now 1800 \n the three centuries, Tarqiiin feems to have done more than doubled them, Liv. i. -^6. Servius Tullius made eighteen centuries of Equites; he chofe tvvelve new centuries from the chief men of the ftate, and made fix others out of the three inftituted by Romulus. Ten thoufand pounds of brafs v/ere given to each of tiiem to pur- chafe horfes ; and a tax was laid on widows, who were ex- em.pt from other contributions, for maintaining their horfes, Liv. i. 4^3. Hence the origin of the Equeflrian order, which was of the greatefl utility- in the State, as an intermediate bond between the Patricians and Plebeians. At what particular time the Equites firll began to be rec- koned a diilincl order, is uncertain. It feems to have been before the expulfion of the kings, Liv. ii. i. After this all thofe who fcrved on horfeback were not properly called E- QUITES or knights, but fuch only as were chofen into the equeflrian order, ufuallv by the Cenfor, andpi efentedby him with a horfc at the public expencc, and with a gold ring. The Eqnites were chofen promifcuoufly from the Patricians and Tlie E (LU I T E s. 27 and Plebeians, Thofe defcended from cintient families were called ILLUSTRES, SPECIOSI, and SPLENDIDI. They were not limited to any fixed number. The age requifite was a- bcut eighteen years, Z)zo. Hi. 2 c . and the fortune {cciifus^, at leaft towards the end of the republic, and under the Emperors, was 400 Sejiertia, that is, about L. 3229 of our money, Horat. Ep. i. I. 57. Plin. Ep. i. 19. According to feme, every Roman citizen whofe entire fortune amounted to that fum, was e- very lujlruni enrolled, cf courfe, in the lift of Equites. But that was not always the cafe, Ltv. v. 7. A certain fortunfe feems to have been always requifite, Liv. iii. 27. The badges of Equites were, i. A horfe given them by the public ; he^icc, called legitimus, Oi'id. Fajl. iii. 130. 2. A golden I'ing, v/hcnce ank^ulo aureo donari, for inter equites legi; 3. Jbigiijius Ciavus^ox l^unica angujtich:v:-a ; 4. A feparate place at the public fpeclacles, according to the lav/ made by L. Rofcius Otho, a tribune of the poople, A. U. 686, Bio. xjcxvi. 25. Juvenal, iii. 159. xiv. 324. that the Equites fhould fit in 14 rows, {in 'KYV gradibus,') next to the Orchejxra, where the Senators fat; whence Sedere in Quatuordecim, or in E- QUESTRIEUS; or Spectare IN EouiTE, for Equitem ejfe. Suet. Tlie office (MUNUS) of the Equites at firft was only to ferve in the army ; but afterwards alfo to acl as judges or ju- rymen, (jit judicarent,^ and to farm the public revenues, (VECTIGALIA CONDUCERE.) Judges were chofen from the Senate till the year of the city 631, at xvhich time, on ac- count of the corruption of that order, the right of judQ;ina- was transferred from them to the Equites, by the Sempronian law, made by C. Gracchus. It was again reftored. to the Senate by Sulla ; but afterwards fhared betv/een the two orders. The Equites who fanned the revenues were divided into certain focieties, and he who prefided in fuch a fcciety, was caUed M AGISTER SOGIETATIS, Cic. Fam. xiii. 9.'Thefe , farmers (PUELICANI) were held in fuch refpeft at P.om.e, that Cicero calls them Homines amplijfimi, honeJiiJJt?7ii, et orna- tijfimi ; pro lege Manil. 7. Flos cquitum Roinanornm., ornatJien- tum civitatis, firmn77ientum rcipi'llictr, pro Plancio, 9. But 1 this was far from being the cafe in the provinces, where Dub- licans were held in deteftation, jijcon. in Cic. Verr. ii. 3. efpe- cially their fervants and afhftants. A great degree of fplendor was added to the Equeflrian order by a procedlon, (TRANSVECTIONE), which they made thro' the city every year on the 1 5tli d,?.-y of July, {Idibus ^lindi- D 2 libus^') ^ ROMAN ANTIQUITIES. libi/s,) Liv. ix. 46. from the temple of Honour, or of Mars, with- out the city, to the Capitol, riding on horfeback, with wreaths 01 olive on their heads, drefl in their Tog^e palmatay or trabece, of a fcarlet colour, and bearing in their hands the military- ornaments which they had received from their general, as a reward for their valour, Dio?iyf. vi. 13. At this time it v/as not allowable to cite them before a court of juftice ; fuch at leaft was the cafe under Auguilus, Suet. Aug. 38. Every fifth year, when this proceffion was made, the Equi- tes rode up to the Cenfor feated in his curule chair, before the Capitol, and difmounting led along (traducebant^ their horfes in their hands before him, and in this manner they were reviewed, (RE COGNOSCEBANTUR.) If any Eques was corrupt in his morals, or had diminifhed his fortune, or even had not taken proper care of his horfe. Cell. iv. 20. the Cenfor ordered him to fell his horfe, Liv. xxix. 37. and thus he was reckoned to be removed from the equeftrian order ; hence ADIMERE EQUUM, to degrade an Eques : But thofe whom the Cenfor approved, were ordered to lead along (traducere) their horfes, O'uid. I^rijl. ii. 89. At this time alfo the Cenfor read over a lift of the Eauites, and fuch as were lefs culpable (^qui viinore culjid fenerentur^ were degraded, (ordine equestri i\ioti ,sunt,) only by paffing over their names in the recital, Suet. Cal. 16. W'e find it mentioned as a reward, that a perfon fhould not be ob- liged to ferve in the army, nor to maintain a public horfe, C/Zff inmtus mtlitaret, neve Cenfor ei equnm pvhlicii??! a[p.gnaret ;^ but this exemption could be granted only by the people, Liv. xxxix. 19. The Eques whofe name was fu^ mai-ked in the Cenfor's books, was called EQUESTRIS ORDINIS PRINCEPS, Plin. Ep. i. 14. or PRINCEPS JUVENTUTIS5 not that in reality the Equites were all young men, for many 'grew old in that order, as Msecenas and Atticus ; an.d we find the two Cen- fors, Livius and Nero, were Equites, Liv. xxix. 37. but be- caufe they had been generally fo at their firft inflitntion ; and among the Romans men were called Juvenes till near fifty. Hence we find Julius Caefar caW-QdiAdolefcentnlus, when he flood candidate for being high-prieft, although he was then thirty- fix j^ears old. Sail. Cat. 4^. And Cicero calls himfelf Adolef- cens when he was Conful, Fhil. ii. 5. Under the Emperors, the heirs of the empire were called Principes 'Juventutis, Suet. Cali^. 15. vq\ juvenum, Ovid Pont. ii. 5. 41. We find this' lame alfo applied to the whcli Eoueftrian order, Liv, xlii. 61. Ike ■ V'he Plebeian or Pcfular crder. 29 Tbe PLEBEIAN or POPULAR Order. ALL the other Fv,oinan citizens, befides the Patricians and Equites, were called PLEBS or POPULUS. Pobuhn fometimes comprehends the whole nation; as, Clementia ROMANI POPULI : or all the people except the Senate ; as, Se- NATUS PoPDLUSQUE RoMANUS. In wliich laft fenfe plebs is al- fo often ufed ; as when we fay, that the Confals were created from the plebeians, that is, from thofe who were not Patrici- ans. But plebs is ufually put for the loweil common people ; hence, ad populu7n, plebemqiie referre, Cic. Fam. viii. 8. So Gell. X. 10. Thus Horace, Plebs eris, i. e. unus e phbe, a ple- beian, not an Eques, Ep. i. i. 59. who alfo uks plebs for the whole people, Od. iii. 14. i. The common people who lived in the country and cultivated the ground, were called PLEBS P.USTIC A, Liv. xsxv. i. An- ciently the Senators alfo did the fame, Cic. de Sen. 1 6. but not fo in after times, Liv. iii. 26. The common people who lived in the city, merchants, mechanics, &c. Cic. Off. i. 42. were cal- led PLEBS URBANA, Sail. Cat. 37. Both are joined, lb. 7'-'F- 73- The Pi.EBS RUSTICA was the mofr refpeclable, (^optima et modejiiffima, Cic. Rull. ii. 31. laudatiffima, PJin. 18. 3.) The Plebs ureana was compafed of the poorer citizens, ma- ny of whom followed no trade, but were fiipported by the public and private largeffes, (_eos publicum malum alebat; Salluft. Cat. 37.^) In the latter ages of the republic an imme^ife quan- tity of com was annually dillributed among them at the pub- lic expence, five buihels monthly to each ma^, Sallujl. fragm. edit Cortii^ p. 974. Their principal bufmefs was to attend on the tribimes and popular magiflrates in their affemblies ; hence they were called turba forensis, Liv. ix. 46. and from their venality and corruption, OpeRjE coNDUCTiE vel mer- cenarii, in allufion to mercenary workmen, Cic. Sext. 17. &c 27. ^fratr. ii. 1. j4tt. i. 13. Oper^ conductorum, Sext. 50. MULTITUDO CONDUCTA, Phil. l. 9. CONCIONES CONDUCTS, Sext. 49 and 53. Concionalis hirudo cerarii, mifera ac jejvna PLESECULA, Atf. i. 16. FaEX ET SORDES URBIS, lb. I3. Ur- BANA et perdita Plebs, Ld. vii. 3. Cicero often oppofes the populace, (populus, plebs, multitu- do, tenuiores, &c.) to the principal nobility, (principes deleBi, Optimates et Optimatium principes, honejli^ boni, locupletes^ 'ijc.) flic, Sext. 48. 68. &c. There 30 ROMAN ANTIQUITIES. There were leading men among the populace, (duces multi- tudinum,^ kept in paj by the feditious m.agillrate3, who ufed for hire to ftimulate them to the niofl daring outrages, Sal- lujl. Cat. ^o, Cic. Sext. 37. 46. The turbulence of the com- mon people of Rome, the natural efieci of idlenefs and un- bounded licentioufnefs, is juftly reckoned among tb.e chief caufc5 of the ruin of the republic. Trade and manufaftures be- ing conlide red as ferviie employments, SaUufl. Cat. 4. Dionyf. ix. 25. thev had no encouragement to indufhrj; and the nu- merous fpeftacles, which were exhibited, particularly the Ihews of gladiators, ferved to increafe their natural ferocit\'. Hence they were always ready to join in any corJpiracy a- gainft theiftate, Salluji. Cut. 37. Other DIVISIONS of the ROMAN PEOPLE. I. PATRONS and CLIZNTS ; NOBILES, NOVI, and IGNOBILES ; OPTDIATES and FOPULARES. ^pHAT the Patricians and Plebeians might be connefted to- -■■ gether by the flrictelt bonds, Romulus ordained that eve- ry Plebeian fhould chufe from the Patricians any one he pleafed, as his PATRON or proteclcr, whofe CLIENT he was called, (quod eum colehcit^. It was the part of the Patron to advife and to defend his client, to aCift him with his inte- refh and fabftance, in lliort to do every thing for him that a parent ufes to do for liis cliildren. The Client v.as obliged to pay all kind of refpecl to his Patron, and to fcrve him witli liis life and fortune in any extremity, Hionyf. ii. ic. It was unlawful for Patrons and Clients to accuie or bear witnefs acainfh each other ; and whoever was found to have a£led otherAvife, might be flain by any one with impunity, as a viftim devoted to Pluto and the infernal gods. Hence both Patrons and Clients vied witli one another in fidelity and ob- fervance, and for more than 6c o years we find no difienfions between them. Ibid. Virgil joins to the crime of beating one's parent that of defrauding a client, lEn. vi. 605. It was efteemed higlily honourable for a patrician to have numerous clients, both hereditary, and acquired by his own merit. Horat. Ep. ii. I. 103. 'j->:ve7ial. x. 44. In after times even cities and whole nations were under the proteftion NoBiLEs, Novi, Ignosiles, tec, 3t pi-oteftion of iliuftrious Roman families ; As the Sicilians un- der the patronage of the Marcelli, Cic. in. Cjecil. 4. Verr. iii. 18. Cyprus and Cappadocia \iader that of Cato, Cic. Fam. xv. 4. the Allobroges xmder the patronage of the Fabii, Sallujl. Cat. 41. the Boaoaienfes, of the Antoali, Suet. Aug. 17. Lacedae- mon, of the Claudii, Id. Tib. 6. Thus the people of Puteo- li chofe CalTias and the Bruti for their patrons, Cic. Phil. ii. 41. Capua chofe Cicero, Cic. Pif. 11. Fam. xvi. 11. &.c. This however feems to have taken place alfo at an early pe- riod, Liv. ix. 20. Sec. Tliofe v.'hofe anceilors or themfelves had borne any Curule magiftracy, that is, had been Conful, Prcetor, Cenfor, or Cu- rule iEdile, v/ere called NOBILES, and had the rig-ht of male- ing images of themfelves, (JUS IRIAGINUM), Avhich were kept with great care by their poUerity, and carried before theni at funerals, Phn. xxxv. 2. Thefe images Vv ere nothing elfe but the bulls or the eiFigies of perfons down to the ihouldcrs, made of wax and painted ; which they ufcd to place in the courts of their houfes, (atria^^ in- clofed in wooden cafes, and feem not to have brought them out except on folemn occauons, Polyh. vi. 51. There were ti- tles or irxfcriptions written belovv^ them, pointing out the ho- nours they had enjoyed, and the exploits they had performed, (Juvenal. Sat. viii. 6g.Plin. xxxv. 2.) Hence imagi?ies isoften put for nobilita<:, Sallult. Jug. 85. Liv. iii. 58. and cercv for ima- gineSf Ovid. Amor. i. 8. 6^. Anciently this right of images was peculiar to the Patricians ; but afterwards the Plebeians alfo acquired it, when admitted to curule offices. Thofe who were the firft of their family that had raifed themfelves to any curule oiHce, were called Homines NOVI, new men or upltarts. Hence Cicero calls himfelf Homo per- fe CG^nitus, in Cat. i. 11. Thofe who had no images of their own or of their anceft- 013, were called IGi\0 BILES. Thofe who favoured the interefts of the Senate, were cal- led OPTI]MATES, Liv. ii. 39. and fometimes Proceres or Principes : Thofe who fiudied to gain the favour of the mul- titude, v%'ere called PO?L"iLA?^.ES, of whatever order they were, Cic. pro Sext. 45. This v/as a diviiion of fatlions, and not of rank or dignity, DicKjf. bz. z . The ccnteils betwixt tiefe tv^'o parties excited the greateil commotions in the Hate, which linallv terminated in the excinftion of liberty. II. GZNTE3 32 ROMAN ANTIQUITIES. II. GENTES a,id FAMILI.^ ; Names of the Romans ; INGENUI and LIBERTI2>:i, \Jc. 'TrIE "Romans were divided into various clans, (GENTES,) aiid each gens into feveral families, (in Familias v. Stir- pes.'^ Thus in the Gem Cornelia, were the families of the Scipiones, Lentili, Cethegi, DoIahciL.", Cinnce, Syllce, &.c. Thofe of the fame gens were called GENTILES, and thofe of the fame familj, AGNATI, Cic. Top. c. 6. FeJ}us, in voce Gen- TiLis. But relations by the father's fide were alfo called Agnati, to diltinguiih them from Cognati, relations only by the mo- ther's fide. An Agnatvs might alfo be called Cognatus^ but not tlie contrary. Thus patruus, the father's brother, was both an agnatus and cognatus; but avunculus, the mother's bro- ther, was only a cognatus, Digeft. Anciently Patricians only were faid to have a gens, Liv. x« 8. Hence feme Patricians were faid to be mcjorum gentium^ acd others minoricm gentium, Cic. Fam. ix. 21. But when the Plebeians obtained the right of intermarriage with the Patri- cians, and accefs to the honours of the State, tliey likewife re- cei'S'ed the rights of gentes, (^jura geiitium, vel gentilia ;^ whicii rights were then faid to be confounded by thefe inno- vations, Liv. iv. 1. Sec. Hence, however, feme gentes were Patrician, and others Plebeian ; and fometimes in the fame gens there were feme families of Patrician rank, and others of Plebeian, Suet. Tib. i. Hence ^Hiiojine gente, for lihertinus et non generofus, ignobly born, Horat. Sat. ii. 5. 15, To rr-ark the different gentes ■^x^dLfmniVur, and to diftingul the individuals of the fame family, the Romans, at leaft th more noble of them, had commonly three names, the Prceno men, and Cognomen, Juvenal, v. 126. The PRAlNOMEN was put firft, and marked the indivi- dual. It was commonly written with one letter ; as, A. for Av- lus; C. Cains i D. Decimus; K. Kivjo ; L. Lucius; M.Mar- cus ; M. Mariius ; N. Nu7?ienus ; P. Puhlius ; ^. ^uintus ; T. Titus ; Sometimes witli t\\ o letters ; as, Ap. Appius; Cn. Cneius; Sp. Spurius; Ti. Tiherius; and fcmetimes with three ; as. Mam. Mamercus ; Se7-. Servius ; Sex. Sextus. The NOMEN was put after the Prje?iomen, and marked the gefiSf (Rentes, FamiLi^, &e; 53 £ens, and commonly ended in ius ; as, Cornelius^ Fahii/Sy TuU lius, Julius, O&avius, &C. The COGNOMEN was put laft, and marked thcfamilia; as, Cicero, Cafar, &c. Thus hi Publius CoriieUus Scipio, Fublius is the Prcenomen^ Cornelius, the Nomen ; and Scipio, the Cognomen, Some gentes feem to have had no firname ; as, the Mari* an : Thus, C. Marius, J^. Sertorius, L. Mummius, Plutarch, in Mario. Gens tlwA familia feem fometlmes to be put tlie one for the other : Thus, Fabia gens, x.familia, Liv. ii. 49. Sometimes there was alfo a fourth name called the AGNO- MEN or Cognomen, added from fome illuftrious a6lion or re- markable event. Thus Scipio was named Africa7ius, from the conquefl of Carthage and Africa. On a fimilar account, his brother Lucius Cornelius Scipio was named Afuxticus. So Quintus Fabius Maximus was called CunElator, from his checking the impetuofity of Hannibal by declining battle. We find likewife a fecond Agnomeii or Cognomen added ; thus, the latter Publius Cornelius Scipio Africanus\s called Mmilicmus^ becaufe he was the fon of L. ^^milius Paulus, and adopted by the fon of the great Scipio, who had no children of his own. But he is commonly called by authors Africatms Minor ^ to diftinguifh him from the former Scipio Africanus. The Romans at firft feem to have had but one name ; as Romulus, Remus, &c. or two ; as, Numa Fornpilius, T'ullus Hojlilius, Ancus Martius, 'Tarquijiius Frifcus, SertJius Tullius, Sextus 'Turquinius. But when tliey were divided into tribes or clans and families, ("/« gentes et familias^, they began com- monly to have three ; as, L. Junius Brutus, M. Valerius Fop~ licola, S-cc. The three names, however, xvere not always ufed ; com- monly two, and fometimes only one, nameh', the iiniame^ Sail. Cat. 17. Cic. Epijl. pajfim. But in fp-^kin^ to any one, the pranomen was generally ufed, as being peculiar to ci- tizens ; for flaves had no prcenomen. Hence, Caudent prce?io~ mine molles auricuLe, Hor. Sat. ii. 5. 32. The lirnames vcere derived from various circumflances, ei- ther from fome quality of the mind ; as Cato from wifdom, i. e. Catus, wife, Cic. de Sen. 3. &:c. or from the habit of the bod}'^, as Calvus, Crajfus, Macer, &.C. or from cultivating par« ticular fruits, as Lentulus^ Fifo, Cicero, &c« Certain iirnames fometimes gave occalion to jells and witty allufions • thus^ Asina, Hor. Ep. i. 13.9. So Serramss CaLiiinus, Ci-. pro Sext* 34 ROMAN ANTIQ^UITIES. 33. Hence alfo in a different fenfe Virgil fays, Vel te fulco, Serrane, ferentem, M,vl. vi. 844. for Q^ Cincinnatus was cal- led Serranus, becaufe the ambaffadors from the Senate found \\\va foxDing, when they brought him notice that he was macie diclator, Flin. xviii. 3. The Fvixnomen ufed to be given to bo3-3 on the 9th day, which was called dies luftricus, or the day of purification, when certain religious ceremonies were performed, Macroh. Sat. i. 1 6. Suet. Ner. 6. The eldeft fon of the family ufually got the Prcenomen of his father ; the reft were named from their uncles or other relations. When there was only one daughter in a family, fhe ufed to be called from the name of the gens ; thus, Tullia, the daugh- ter of Cicero ; yulia, the daughter of Caefar ; Oftavia, the lifter of Auguftus, c^c. and they retained the fame name after they were married. When there were two daughters, the one was called Major and the other Minor ,- thus, Cornelia Major, Cornelia Minor. If there were more than two, they were diftinguiftied by their number ; thus, Prima^ Secunda, ^ertia, ^larta, ^linta, iifc. Varro de Lat. Ling. viii. 38. Suet. Jul. 50. Or more foftly, 'TertuUa, ^uartilla, ^uintilla, \£c. Cic. 'Att. xiv. 20. Women feem anciently to have alfo had prsenomens, which were marked with inverted letters ; thus, J for Caiay "j. for Lucia, Sec. During the flouriihing ftate of the republic, the names of the gentes, and firnames of Xh^ families always remained fixed and certain. They were common to all the children of a fa- mily, and defcended to their pofterity. But after the fubver- fion of liberty they were changed and confounded. Tbofe were called LIBEPJ, free, who had the power of do- ing what they pleafed. Thofe who were born of parents who had been always free, were called INGENUI. Slaves made free v/ere caUed LIBERTI and LIBERTINE They were call- ed Lihsrti in relation to their mailers, and Libertini in relation to free-boni citizens ; thus, Libertus mens, libertus Cafaris, and not Ithcrtinus ; but libertinus homOy i. e. non ingenuus. Some, think that Z/^^rfzVzz were the fons of the Liberti^ from Suetonav", Claud. 24. who fays, that they were thus called an- ciently ; So Ifidor. ix. 4. but xh\s diftinflion never occurs in the claffics. Oil the contrary, we find both words applied to the fame perfon in writers who flouriihed in different ages, Plaut. Mil. Glor. iv. 1. 15. &. 16. Cic, in Ferr. i. 47. Thofe whom Cicero, Slaves. ss Cicero, de Orat. i. 9. calls Liberti?n, Livy makes qui fervitutem fervijfenty 45. 15. Hence Seneca often contrails SevA et Libc- ri, Ingenui et Lihertiniy de Vit. Beat. 24. Ep. 31. &.c. M^ SLAVES. EN became (laves among the Romans, bj being taken. in war, by fale, by way of punifliment, or by being born ;in a ftate of fervitude, (Servi aut nafcehantur Tcatjiebant.') 1 . Thofe enemies who voluntarily laid down their arms and Sfurrendered themfelves, retained the rights of freedom, and were called DEDrTITII,Zrj. vii. 31. Cf/.i. 27. But thofe tak- en in the field, or in tlie ftorming of cities, were fold by au6lion, (fub corona^ as it was termed, Liv. v. 22. &c. becaufe they wore a crown when fold ; ox fnb hajla, becaufe a fpear was fet up where the crier or auftioneer ilood.) They were cal- led SERVI, {quodeffent bellofervati,^ Ifidor. ix. 4. or MAN- CIPIA, (quajimanu capti), Varr. L. L. v. 8. 2. There was a continual market for flaves at Rome. 'Thofe who dealt in that trade (MANGONES vel VENALI- iTII, Cic. Orat. 70. qmiienale^ habebant. Plaut. Trin. ii. 2. 51.) brought them thither from various countries. The feller was [bound to'promife for the foundnefs of his flaves, and not to con- jceal their faults, Horat. Sat. ii. 3. 285. Hence they were commonly expofed to fale (^producebantur^ naked ; and they carried a fcroll (jitulus vel infcriptio) hanging at their necks, on which their good and bad qualities were fpecified, Gell. iv. 2. If the feller gave a falfe account, he was bound to make up the lofs, Cic. Off. iii. 16, & 17. or in fome cafes to take back the flave. Ibid. 23. Thofe whom the feller would not warrai»t, (prcejlare), were fold with a kind of cap on their head, (^pileati^ Gell. vii. 4.) I Thofe brought from beyond feas had their feet whitened with chalk, (cretatis v. gypfatis pedibus, Plin. Nat. Hill. xxxv. 17, £c 18. f. 58. Tibull. ii. 3. 64.) and their ears bored, (auribus perforatis), Juvenal, i. 104. Sometimes Hayes were fold on that condition, that if they did not pleafe, they Ihould be re- turned {t-edhiberentiir) within a limited time, Cio. Off. iii. 24. Plaut. Moji. iii. 2. 113. Fejius. Foreign flaves, when firll brought to the city, were called VENALES, or Servi novi- cii, Cic. pro ^in&. 6. Plin. Ep. i. 21. ^in6iilia?i. i. 12. 2. E 2 viii. 3^ ROMAN ANTIQUITIES. ym. 2. Slaves who had ferved long, and hence v/ere become artful, i)eteratoreSy Terent. Heaut. v. i. 16. It was not lawful for free-born citizens among the Romans, as among other nations, to fell themfelves for (laves. Much lefs was it allowed any other perfon to fell free men. But as this gave occafion to certain frauds, it was ordained by a de- pree of the Senate, that thofe who allowed themfelves to be fold for the fake of fiiaring the price, fliould remain in flave-; ry. Fathers might, indeed, fell their children for (laves, but thefe did not on that account entirely lofe the rights of citi- zens. For when freed from this flavery, they were held as Ligenui, not Lihertini. The fame was the cafe w'ith infolvent debtors, who were given up as flaves to their creditors, (^in fervitntem creditorihus addiBi,') Quin£lilian. vi. 3, 26. v. i c, 60. 3. Criminals v/ere often reduced to flavery by way of punifh- ment. Thus thofe who had neglefted to get themfelves en- rolled in the Cenfor's books, or refufed to enllfl:, {qui cenfum aut viilitiam fuhterfugerant^, had their goods confifcated, and after being fcourged, were fold beyond the Tiber, Cic.pro Ccf- cina, 24. Thofe condemned to the mines, or to fight with wild beafls, or to any extreme punifliment, were fird depriv- ed of liberty, and by a li6lion of law, termed flaves of punifii- ment, (fei"Vt poence Jingebantur). 4. The children of any female flave became the flaves of her mailer. There was no regular marriage among flaves, but their conneaipn was called CONTUBERNIUM, and them- felves, Contuhcrnales. Thofe flaves who were born in tlie houfe of their mailers, were called VERNv^, or Vernaadi ,- hence hngua vernaai/a, v 'Orts, one^s mother tongue. Thefe flaves were more petulant than others, becaufc they were com- monly more indulged, Horat. Sat. ii. 6. 66. The whole company of flaves in one houfe w'as called FA- MILIA, Nep. Att. 13. Cic. Paradox, v. 1. {Fa?nilia coftfiat ey fervis ph/ribuSy Cic. Caecin. 19. ^uindecim hberi homines, popu- lus ejl ; tQtidem/ervi,faniHia; totidem vinBi, ergajtulum, Apu- lei. Apol.) and the flaves, Familiaref, Cic. pro Coel. 23. Plant. Amphit. Prol. 127. }iev.cefamilice philofophotsurriy fefts, Cic.Jin. iv. 18. Divi/i. ii, i. Att. ii. 16. Sentential quce familiam dii- cit, HONESTUM QUOD SIT, ID ESSE SOLUM EONUM, the chief maxim of the Stoics, Id. Jin. ii. 16. Lucius familiam ducity is the chief of the fe61. Id. Phil. v. 11. Jkcedit etiam, qvodfa- -Tiiiliam. ducit, &c. is the chief ground of praife, Fam. vii. 5. The proprietor of flaves was called Dominus, Terent. Eun. nic Slaves. 37 iii. 2. 23. whence this word was put for a tyrant, Ltv. ii. 60, On this account Auguflus refufed the name, Suet. Aug. 53. So Tiberius, Id. 27. Tacit. Annal. ii. 27. Slaves not only did all domeftic fervices, but were like- wife employed in various trades and manufaftures. Such as had a genius for it, v/ere fometimes inftruiSled in literature and the liberal arts, (artibus ingenuis, liberalihus v. honejiis, Cic.) Horat. Ep. ii. 2, 7. Some of thefe were fold at a great price, Plin. vii. 39./. 40. Senec. Ep. 27. Suet. Jul. 47. Cic. Rofc. Com. 10. Hence arofe a principal part of the immenfe wealth of Craffus, Plutarch, in vita ejus. Slaves employed to accompany hoys to and from fchool, were called Pjedagogi ; and the part of the houfe where thofe young flaves ftaid, who wxre inftrudled in literature, (Jiterae ferviles, Senec. Ep. 88.) was called P^dagogium, Plin. Ep. vii. 27. Slaves were promoted according to their behaviour ; as from being a drudge or mean flave in town, (^Mediajiinus^ to be an overfeer in the country, {yUlicus^ Horat. Ep. i. 14. The country farms of the wealthy Romans in later times 5vere cultivated chiefly by flaves, Plin. xviii. 3. But there j were alfo free men who wrought for hire, as among us, ' (MERCENAFJI,) Cic. Off. i. 13. pro Ccecin. 59. Among the Romans, mailers had an abfolute power over their flaves. They might fcourge or put them to death at pleafure, Jwuenal. Sat. vi. 219. This right was exercifed with fo great cruelty, efpecially in the corrupt ages of the re- public, that laws were made at difltrent times to reftrain it. The lafli was the common punifhment ; but for certain crimes they ufed to be branded in the forehead, and fometimes were forced to carry a piece of wood round their necks where-ever they went, which was called FURCA ; and whoever had been fubje£ted to this punifhment, was ever afterwards called FURCIFER. A flave that had been often beaten, was called MASTIGIA, Ter. Adelph. v. 2, 6. or VERBERO, Id. Phorm, IV. 4, 3. A flave who had been branded, was cal- led STIGMATIAS, v. -icus^ i. e. Jiotis compunEiuSy Cic. OlF, ii. 7. Infcriptus, Mart. viii. 75. 9. Literatus, Plaut. Caf. ii. 6. 49. (i. e. Uteris infcriptusi as, urna litcrata, Plaut. Rud. ii. 5. 21. enjiculus literatus, &:c. Id. iv. 4. 112.) Slaves alfo by way of punifliment were often fliut up in a work-houfe, or bpdewell, (in ergajiulo v. PI STRING,) where they were obliged 3? ROMAN ANTIQ^UITIES. obliged to turn a mill for grinding corn, Plaut. et Ter. paf- Jim. et Senec. de Bencf. iv. 37. Perfons employed to apprehend and bring back (^rctrahcre, Ter. Heaut. iv. 2. d^^ Haves who fled from their maftei-s, (FuGiTivi, Cic. Fam. v. 9. J were called Fugitivarii, F/or. iii. 19. When flaves were beaten, thev ufed to be fufpended with a weight tied to their feet, that they might not move them, Plaut. Afin. ii. 2. 34-. Sec. Aul. iv. 4. 16. Ter. Phorm. i, 4. 43. To deter {laves from offending, a thong (_habena) cr a lalb made of leather was commonly hung on the (lair cafe, (Jnfcalis), Horat. Ep. ii. 2. 15. but this was chiefly applied to younger flaves, Scoliaji. ibid. Intpuberes habend vel ferula ple6iebantm\ Ulpian. D. i. 33. de SC. Silan. Some here join infcalis with latuit, as Cic. in Mil. 15. Phil. ii. 9. Slaves when puniflied capitally were commonly crucified, 'Juvenal, vi. 219. Cic. in. Verr. v. 3. 64. &.c. but this punilh- ment was prohibited under Conftantine. If a mailer of a family was flain at his own houfe, and the murderer not difcovered, all his domeftic flaves were liable to be put to death. Hence we find no lefs than 4C0 in one fami- ly puRiflied on this account, Tacit. Ann. xiv. 43 . Slaves were not elleemed as perfons, but as things, and might be transferred from one owner to another, like any o- ther eifecls. Slaves could not appear as witnelTes in a court of jufl:ice, Ter. Phorm. ii. i. 62. nor make a will, Plin. Ep. viii. 16. nor inherit any thing, Id. iv. 11. but gentle mailers allowed them to make a kind oiv;\^,(^q7iaj'iteJlamentafacere^^\\w^^.\^'\\\.\6. nor could flaves ferve as foldiers, Id. x* 39. unlefs firfl: made free, Serv. in Virg. JEn. ix. 547. except in the time of Hanni- bal, when, after the battle of Cannae, 8cco flaves were arm- ed without being freed, Liv. xxii. 57. Thefe were called VO- LONES, becaufe they enlifl:ed voluntarily, Fejtus; and after- wards obtained their freedom for their bravery, Lro. xicvi. 16. Slaves had a certain allowance granted them for their fufl:e- nance, (DIMENSUM) commonly four or five bufliels of grain a-month, and five denarii, which was called their MENSTRU- UM, Botiat. in Ter. Phorm. i. 1.9. Senec. Ep. 80. They like- wife had a daily allowance, CDIARIUM, Horat. Ep. i. 14. 40.) And what they fpared of this, or procured by any other means with their mafter's confent, was called their PECULIUM. This money, with their mailer's permiuion, they laid out at intereft Slaves. 39 intereft, or purchafed with it a flave for themfelves, from whofe labour they might make profit. Such a flave was called Servi VICx\RIUS, Horat. Sat. ii. 7. 79. Cic. Verr. i. 36. Plant. Afin. ii. 4. 27. Martial, ii. 18. 7. and confticuted part of the peculium, with which alfo flaves fometimes purchafed their freedom. Cicero fays, that fober and indullrious flaves, at leaft fuch as became fo from being captives in war, feldom re- mained in fervitude above fix years, Phil. viii. ii. At certain times flaves were obliged to make prefents to their maflers out of their poor favings, C^-v eo quod de dimenfo f no unciatim compare fsrint), Terent. ibid. There w^as fometimes an agreement be- tween the mafler and the flave, that when the flave could pay a certain fum, the mafler fhould be obliged to give him his li- berty. Plant. Anl. v. 3. Caftn. ii. 5. 6. occ. Rial. iv. a. 23. Tacit, xiv. 42. Although the flate of flaves in point of right was the fame, yet their condition in famtHes was very diiTerent, according to the pleafure of their maflers and their different employments. Some \vere treated with indulgence ; fome ferved in chains, as janitors and door-keepers, {ojliarii-^ and fo in the country, catenati cultores, Flor. iii. 19. VinBifo [Tores, Lucan. vii. 402. others were confined in workhoufes below ground, (^in ergaf- tulis fuht err amis. ^ So Plinj'", VinBi pedes, damnatce mariuSy infcriptique vnltns, arva exercent, xviii. 3. At certain times flaves were allowed the greatefl freedom ; as at the feafh of Saturn in the month of December, Horat. Sat. ii. 7. 4. when they were ferved at table by their maflers, Aufon. de Fer. Rom. ii. 15. and on the Ides of Augufl, Feftus. The number of flaves in Rome and tlirongh Italv was im- menfe, Juvenal, iii. 140. Some rich individuals are faid to have had feveral thoufands, Seneca de Tranq. An. viii. Wars were fometimes excited by an infurreftion of the flaves, Flor. iii. 19, & 20. There were alfo public flaves, who were ufed for various public fervices, Liv. i. 7. and efpecially to attend on the ma- giflrates. Their condition was much more tolerable than that of private flaves. They had yearly allowances (annua) granted them by the public, Plin. Fpijl. x. 30. 40. There were alfo perfons attached to the foil, (adscriftitii, \f^ glebce adfcripti i) concerning the Hate of whom writers are not agreed. Slaves anciently bore the praenomen of their mafler ; thus, MarciporeSy Luciboj-es, Publipores, {auafi Marci, Lncii, Publil pueri^ 49 ROMAN ANTIQUITIES. pueri^ &.C.) ^dnSlilian. i. 4. 26. Afterwards they got various names, either from their country, or from other circumftan- ces ; as Syrus, Davus^ Geta, Parmeno, Sec. in comic writers j Tiro, Laurea, Dionyjtus, &.c. in Cicero. But flaves are ufu- allj diftinguiflied in the clafTics by their different employ- ments ; as Medici, Chirurgiy Fadagogi, Grammaticiy Scribce, Fabriy Ccqui, &c. Slaves were antiently freed by three ways, CenfUy Vindic- tn, et TeJiamentOy Cic. Topic. 2. feu 10. I . Fer CENSUM, when a flave, with his mallcr*s know- ledge, or by his order, got his name inferted in the Cenfor's roll, Cic. Ccscin. 34. f. 99. 3. Fer VINDICTAM, when a mafler going with his flave in his hand to the Praetor or Conful, artd in the provinces, to the Proconful or Propraetor, faid, " I defire that this man be *' free according to the cuilom of the Romans ;" HuNC Ho- MINEM LIBERUM ESSE VOLO MORE vel JURE QuiRITIUM ; and the Praetor, if he approved, putting a rod on the head of the flave, Horat. Sat. ii. 7. 76. pronounced, " I fay that this man " is free after the manner of the Romans." Whereupon the Liclor or the mafl:er turning him round in a circle, (which was called VERTIGO, Ferf. Sat. v. 75.) and giving him a blow on the cheek, (alapa, Ifidor. ix. 4. whence, multo majo- ris alapae mecum vencunt. Liberty is fold, &c. Fhcedr. ii. 5. 22.) let him go, {e maiiu emittehat^ fignifying, that leave Avas grant- ed him to go where he pleafed. The rod with which the flave was fl:ruck, was called VINDICTA, as fome think, from J'^in- diciiis or Vindex, a flave of the Vitellii, who informed the Se- nate concerning the confpiracy of the fons of Brutus and others, to reftore the Tarquins, and who is faid to have been firft freed in this manner, Liv. ii. 5. whence alfo perhaps Vindicate in hoertatem, to free. MuLiER, 7?2odQ quam 'vindiBa redemit, a Avoman lately freed, Ovid. Art. Am. iii. 615. 3. Fer TESTAMENTUM, when a mafter gave his flaves their liberty by his will. If this was done in exprefs words, (verbis direHis^ as for example, Davus servus meus lijber ESTO ; fuch freed men were called ORCINI or Charonitce, be- caufe they had no patron but in the infernal regions. In allu- fion to which, thofe unwortliy perfons who got admiflion into the Senate after the death of Caefar, were by the vulgar called SENATORES ORCINI, Suet. Aug. ^s- But iftheTeflator fignified his defire by way of requeft, ("jerbis precativis)^ thus, ROGO Slaves. 41 ROGO IIF.REDEM MF.UM, UT Davum makumittat ; the heir (Jjerci Ji 'i'clarius') retained the rights of patronage. Liberty procured in any of thefe methods was called Justa LiBERTAS. In latei time?, fiaves tiled to be freed by various other me- thods; by letter, (_per epijtolam); ^^r^ongi'riends, (infer arrJcos^^ if before five ■witiiefies a mailer ordered his flave to be free ; or by table, (per nienfiwi')^ if a mailer bid his flave eat at his table, Piin. Kpi/I. vii. 16. for it was thought difgraceful to eat with {laves or riiean perfons, and benches (fubfcUici) were I aihgned them, not couches. Kence imi fnhfcllii ijir, a perfon of the lowefl r^nk, Plant. Stich. iii. 4. 32. Tbere were ma- ny other methods of freeing flaves, but thefe did not confer complete freedom. They onh^ difcharged them from fervi- tude, but did not entitle them to the privileges of citizens : unlefs afterwards the mndiGa was fuperaddedj. in prefence of a magiftrate, P//«. Ep. vii. 16. & 32. Anciently the condition of all freed flaves was the fame 3 tlicv obtained the freedom of the city with their liberty, Cic. pro Balho, 9. according to the inflitution of Servius Tullius, [ Dionyf.\\.22. &: 23. They v.^ere, however, diftributed among the four city tribes, as being more ignoble, Liv. Kpit. xx-. But I afterwards, when many worthlefs and profligate perfons, be- ing freed by their raafters, thus invaded the rights of citizens, various laws were iTiade to check the iicerce of m.anumitting ! Haves. No mafler was allowed to free by his will above a certain nixmber, in proportion to the number he had ; but not above * J 00, if he had even 20,000, v/hich number fome individuals are ' faid to have pofTefTed, Athen. Deipnofoph. vi. 20. Hence Sene- ca fpeaks oivajtafpatia terrarjm:per vinBoscolenda; et Familia fiijllirnjis fiadonihus major, de Beuef. A'lii. 10. and Fliny, of legi- oris of flaves, fo that the mailer needed a perfon to tell him their names, (nomenclatcr^, xxxiii. i. f. 6. So Petronius Ar- biter, 37, Sc 117. Augullus ordained by a law, called JEIia Senfm, that no fiave who had ever for "the fake of a crime been bound, publicl}' A\hipt, tortured, or branded in the face, al- though freed by his mafter, fhould obtain the freedom of the i city, but fhould alv/ays remain in the Hate of the Dedititii, i who were indeed free, "but covdd not afpire to the advantages of Roman citizens. The reafon of this law may be gathered from Dionyf. iv. 24. Afterwards by the law called ynnia Norhana, becaufe it was pafled in the confulfliip ofL. Juni-ps Norbanus, A. U. 77i,thofe F freed. 4-i ROMAN ANTIQIJITIES. (reed per epi/iolanty inter amicos, or by the other lefs folemtj methods, did not obtain the rights of Roman citizens, but of the Latins who were tranfplanted into colonies. Hence they v^ere called LATINI JUNIANI, or fimply LATINI, Plln. Ep. X. 105. Slaves when made free ufed to fliave their heads in the tem- ple of Feronia, and received a cap or hat, as a badge of liber- ty, Serv. ad P^irg, JE.n. viii. 964. Liv. xlv. 44. Hence, Ad pileu?fi ftrviim 'uocars^ for ad lihertatem, Liv. ibid. They alfo were prefented with a white robe and a ring by their mafter. They then aflumed a Prce?i0772e?i, and prefixed the name of their patron to their own. Thus, Marais Tullius TirOf the freed- man of Cicero. Ln allulion to which, Perfius faj^s, Verterit hunc Do7>iifius; momento turhinis exit MARCUS Dama, Sat. V. 77. Hence 'Tanq^iani habeas trianoniina, iox tancf mm liber Jis, Juvenal, v. 120. So foreigners, when admitted into the freedom of the city, affumed the name of that perfon, by whofe favour they obtained it, Cic. Fam. xiii. 35, ^6. Patrons retained various rights over their freedmen. If the patron was reduced to poverty, the freedman was bound, in the fame manner as a fon, to fupport him, according to his a- bilities. And if a patron failed to fupport his freedman when poor, he Avas deprived of the rights of patronage. If a freedman died inteflate, without heirs, the patron fuc- ceeded to his effefts. Thofe frecdni<::n w^ho proved ungrateful to their patrons^ were condemned to the mines (ad laiitumiai); and the Empe- ror Claudius by a law, reduced them to their former flavery, (Jy.fervitutefn revocavii), Suet. Claud. 25. Libei;t7im, quiproba- tusfuerit patrono delator es fummi/lffe , quidejlatv ejus facer ent ei qiu^Jiionem,fervumpatronieJfejii£ity L. 5. Dig. de jure Patron* RIGHTS of ROMAN CITIZENS, and of the dif- fer er.t Inhabitants of the ROMAN EMPIRE. "VV-HILE Rome was but fmall and thinlv inhabited, v.hoe- ver fixed their abode in the city or Roman territory, ob- tained the rights of citizens. To increafe the number of citizens, Romulus opened an asylum or fanftuary for fugitive flaves, infolvent debtors, audi malcfaftors, whither great numbers flocked from the neigh- : bouxing ft?.tcs, Liv, i. 8. becaufc no one could be taken from^ thencei Rights of Roman Citizens, &c. 43 thence to punifliment, Id. xxxv. 51. Tac. Ann. iii. 60. Even j vanquillied enemies were tranfplanted to PvOme, and became citizens. In this manner the freedom of the city v/as granted bv Romulus to the Ciemnenfes, CcDneriiii, Antermates, Crujiu- juini, and at lad alfo to the Sabines. This example v.'as imita- ted by his fucceffors, who tranfplanted the Albans and other vanquifhed tribes to Rome, Li'-J. i. -29, 2,Z' Lik.ewife after the expulfion of the kings, the freedom of the city was given to a great many, efpecially after the taking and burning of the city by the Gauls ; at which time, that it might be rebuilt with } more fplendor, new citizens were aflumed from the Veuiites^ Capenates, and Falifci, Liv. vi. 4. Belides thofe who had fettled in the Roman territory, and who were divided into city and country tribes, the freedom of the city was granted to feveral foreign towns, which were call- ed MUNICIPIA, and the inhabitants MUNICIPES, becaufe they might enjoy offices at Rome, (mmiia, "j. munern capere po~ terant.') When any of thefe fixed their abode at Rome, they be- came Gives Ingenui, Cic. Brui. 75. de Legg. ii. 3. Hence it happened, that the fame perfon might enjoy the higheft ho- nours both at Rome, and in his own free town. Tims Milo, while he ftood candidate for the Confulfhip at Rome, was Dic- ' tator in his own nativ^e city Lanuvium, Cic. pro Mil. 37. Th^ i free town in which one wiis born was called patria germana, natura vel loci. Rome, {nua exceptus ejl^ patria COMMUNIS, eivitatis veljuris^ Cic. de Legg. ii. 2. But v/hen the Roman empire was more v/ideiy extended, and the dignity of a Roman citizen of conrfe be^an to be more valued, the freedom of the city (Jus civitaiis) was more fpa- ringly conferred, and in diflerent degrees, according to the diiTerent merits of the allies towards the republic. To fome the right of voting, (jus fjiffragii^ was given, and to others not. The people of Cfere were the tirif who obtained the freedom of the city without the right of voting ; for having received the facred things of the Rom.an people, the Vellal Virgins and priefts, when they fled from the Gauls, A. GelL xvi. 13, The freedom of the city was foon after given in this manner to the people of Capua, Fundi, Formise, Cumce, and SinuelTa, Liv. viii. 14. to the inhabitants of Acerra, ilnd. 17. and of A- nagnia, Sec. The inhabitants of Lanuvium, Aricia, Nomentum, Pedum, received the freedom of the city, with the right of voting, 1.1V, viii, 14. and Pxivernum, (Pri'v:rnatcs),c. 21. X^ut feve- 44 ROMAN ANTIQUITIES. ral cities of the Hernici preferred their own ln^vs, Liv. ix. 43. In procefs of time, this right v\ as granted to ail the allies of the Latin xiame ; and after the focial or Italian war, it was communicated to all the Italians fouth of the river Rubicon on the upper fea, and of the city Luca on the lov/er fea. After- wards the fame right was granted to Cifalpine Gaul, waich hence began to be called Gallia "Togata. Auguilus was very fparing in conferring the freedom of the city ; but the fucceed- ing Emperors were more liberal, and at different times grant- ed it to different cities and nations. At laft Clfiiacalia granted the freedona of Roman citizens to all the inhabitants of the Roman world. Thofe who did not enjoy the right of citizens wer:^ anci- ently called HOSTES, and afterwards FEREGRINI, Cic Of. i. 12. After Rome had extended her empire, firft overLati- um, then over Italy, and lallly over great part of the Avorld, the rights which the fubjecls of that empire enjoyed, came to be divided into four kinds ; which may be called jfus S^mriti- •ujn, 'Jua Lath, jus Italicum^ 'Jus Provinciariwi vel Frovinciale. JUS QUIRITIUM comprehended all the rights of Roman (Citizens, which were different at different times. The rights of Roman citizens were either private or public : The former were properly called "Jus ^hnritivTti, and the latter "Jus Civi^ fatis, Pliii. Ep. X. 4, 6, 22. Cic. in Rull. ii. 19. as with us there is a diftmclion between denizaLion a:id naLtHalizaiion. I. PRIVATE RIGHTS of ROMAN CITIZENS. npHE private rights of Roman citizens were, i. y//.r Libera, tatis, the right of liberty; 2. jw.v GcntUitatis et Fafrritue^ the right of family ; 3. yus Coimubii, the right of marriage ; 4.. yus Patrium, the right of a father; 5. Jus Doniinii Legiti~ mi, the right of legal property; 6. ^us Teft amend et Hceredi- tatis, the right of making a will, and of fucceeding to an inhe- ritance ; 7. y'us Tut dec, the right of tutelage or wardiuip. 1. The RIGHT 0/ LIBERTY. This comprehended LIBERTY, not only from the power ff mailers, (Do?}ii?iorum), but alfo from the dominion of ty- rants Rights of Roman Citizens. 45 rants, the feverity of magiftrates, the cruelty of creditors, and the infolence of more powei^ful citizens. After the expulfion of Tarquin, a law was made by BriitiiF, that no one fhould be king at Rome, and that wlioever Ihould form a defign of making himfelf king, might be flain with im- punity. At the fame tiitie the people were bound by an oath, that tliey would never fuiTer a king to be created. Roman citizens were fecured againfl the tyrannical treat- m:jnt of m-igiftrates, firft, by the rightof appealing from iheni to the p3ople, and that the perfon who appealed, ihould in no manner be puniilied, till the people determined the matter ; but chiefly, by the alTiilance of their tribunes. None but the whole Roman people in the Cornkla Ccntiiri- ata could pafs fentence on the life of a Roman Citizen. No magiilrate was allowed to puniih him by ftripes or capitally. The fingle expreflion, " I am a Roman Citizen," check:ed their fevereit decrees, Cic. in Verr. v. 54. & 57. &c. Rence, OUIRITARE dicitury qui ^ uiritium jidem damans imploraty Varro de Lat. Ling. v. 7. Cic. ad Fam. x. 32. Liv. xxix. 8. Afls xxii. 25. By the laws of the twelve tables it was ordained, that infol- vent debtors fnould be given up (addicerentm'^ to their credi- tors to be bound in fetters and cords, (^compedibvs et trcrvis)^ whence they were called NEXT, OB^RATI, et ADDICTI. And although they did not entirely lofe the rights of freemen, yet they were in aftual flavery, ?.ndu often treated more hardi- ly than even flaves themfelves, Liv. ii. 23. If dny one was indebted to feveral perfons, and could not find a cautioner (vindex vel exbrGjniJfor^ withinfixty days, his body {corfnii) literally, according to fome, but more probably p.ccording to others, his effects, might be cut in pieces, (^feca-^. ri), and divided among his creditors, A. Gel/, xx. 1. Thus ■fefho is put for the purchafe of the whole booty of any place, or of the whole efFe6ls of a profcribed or condemned perfon, Cic. Phil. ii. 26. or for the booty or goods themfelves, Ccef. de Bell. Gall, ii- 33. Cic. In-', i. 45. andy>if7o/vj for the purchafers, Af- con. in Cic. Vcrr. \.i'i^. becaufe they made profit by felling them in parts ; {^feco^ : Hence Seciorcs colloruni et honorufn^ i. e. qvi profcriptos occidehant et bona eornmemehar.t^ Cic. Rofc. Am. 29, To check the cruelty of ufurers, a law was made, A. U. 429. whereby it was provided, that no debtors fhould be kept in irons or in bonds ; that the goods of the debtor, net his perfon, ilicnld be given up to his creditors, Lii). viii. s8. But 46 ROMAN ANTIQUITIES. But tliC people not fatisfied with this, as it did not free them from prif jn, often afterwards demanded an entire abo- lition of debts, which they ufedto call NEW TABLES. Eur this was never granted them. At one time, indeed, by a lav pafTed by Vtiierius Flaccus, filver was paid with brafs, as it is exprcHed, SuUuJi. Cat. 33. that is, the fourth part of the debt only was paid, Veil. ii. 23. an as for zfejiertius, and ^Jejiertius for a denarius; or 25 for loc, and 250 for 1000, Julius Cae- far, after his vitlory in the civil war, enacied fometliing of the fame kind, ClfJ. Bell. Civ. in. i. Suet. Jul. 14. 2. i:hc RIGHT 0/ FAMILY. Each gens and each family had certain facred rites peculiar to itfelf, which went by inheritance in the fame manner as ef- fects, Z/c. iv. 2. When heirs bv the father's iide of the fame family {agriati) failed, thofe of the fajne ^cwr C^f«?//f j')fucceeded, in preference to relations by the mother's fide (cognati^ of the fame family (familia^. No one could pafs from a Patrician family to a Plebeian, or from a Plebeian to a Patrician, unlefs by that form of adoption, which could only be made at the CofKitia Curiata. Thus Clodius, the enemy of Cicero, was a- dopted by a Plebeian, that he might be created a tribune of the commons, Lie. Dom. 15. Att. i. 18. &. 19. 3. T/^.' PvIGKT 0/ MARRIAGE. No Roman citizen was permitted to marry a flave, a barba- rian, or a foreigner, unlefs by the permiflion of the people ; as Li'J. xxxviii. ^i^. COlSiNUBlUM eji 7.'iafnmonium inter cives: inter Jervos autem, aut inter cive?n et percp'wa: conditiovis homi- ff:jn, aut fervilis, non eji Co/mul/iufT/y/ed COlsTVB'E'R^NllJ'My Bccth. in Cic. "Top. 4. By the laws of the Decejnviri, inter- Tnarria^es between the Patricians and Plebeians were prohibi- ted. But this reltriclion was foon abolifhed, Ltv. iv. 6. Af- terwards, however, when a Patrician lady married a Plebe- ian, (lie was faid Patribus emibere, and was excluded from the facred rites of Patrician ladies, Liv. x. 23. When any woy man married out of her clan, it was called Gentis enuptio ; which likewiie feems anciently to have been forbidden, Liv. xxxix. 19. The different kinds of marriage, &:c. willbetrea- If^d of aftc;r wards, 4. 'The Rights of Roman Citizevs, 47 4. The RIGHT of a FATHER. A FATHER, among the Romans, had the power of life and death over his children. He could not only expofe them when infants ; which cruel cuftom prevailed at Rome for many ages, as among other nationr, Cxc. de Legg. iii. 8. 'Ter. Heaut. iv. i. Suet. Oclav. 6^. Calig. 5. 'Tacit. Hijl. iv. 5. Senec. de Ben. iii. 13. &:c. and a new-born infant was net held legitimate, unlefs the father, or in his abfence fome psrfon for him, lifted it from the ground, (tcrrd levq^'t), and placed it on his bofom ; hence toJkre fiiiiim, to educate; Hon tollere, to expofe: But e- ven wlien his children were grov/n up, he might imprifon, fcourge, fend them bound to work in the country, and alfo put them to death by any puniihment he pleafed, if they deferved it, Sail. Cat. 39. Liv. ii. 41. viii. 7. Dionyf. viii. 79. Hence a father is called a dome flic judge y or magijlrate, by Seneca ; and s. renfor of Ijisfonyhy Siiston. Claud. 16. Romulus however at firlt permitted this right only in certain cafes, Dionyf. ii. 15. ix. 22. A fon could acquire no property but with his fa- ther's confent ; and what he did thus acquire was called his PECULIUM, as of a flave, Liv. ii. 4 i . If he acquired it in war, it was caUed PECULIUM CASTRENSE. i he condition of a fon was in fome refpecls harder than that of a Have. A flave when fold once, became free ; but a fon not, unlefs fold three times. The power of the father was fufpended, when the fon was promoted to any public office, but not extinguiihed, Liv. ih. For it continued not only du-v ring the life of the children, but lihev/ife extended to grand- children, and great grandchildren. None of them became their own mailers, (fui juris) ^ till the death of their father and grandfather. A daughter by marriage paiTedfrom the power of her father under that of her hufband. EMANCIPATION and ADOPTION. When a father wiflied to free his fon from his authority, (EMANCIPARE), it behoved him to bring him before the Pr^tor, or foma magiftrate, Qat)nd qnsm levji aBio erat), and tliere fell him three times, PER ^s ET lie ham, as it wai term- ed. 48 ROMAN ANTIQIJITIES, C(l, to iorae friend, who was called Pater Fiduciarius, bo caufe lie was bouiid after the third fale to fell him back {j-c?::ri!- riparij to the natural father. There weie bdides prefent, a LiERiPENS, who held a bra/.en balance ; five witnefles, Ro- man citizens, paft the age of pilberty ; and an antejiatus, who is fvippofed to be fo named, becaufe he fummoned the wit- nefles by touching the tip of their ears, Hor. Sat. i. 9. 76. lu the prefence cf thefe, the natiiral father g^ve over {vianci- pahaty i. e. mu?iu tradchat) his fon to the purchafer, adding thefe words, Mancupo tibi hunc filium, qui meus est. Then the purchafer holding a brazen coin, (fe/ierfius), faid, HUNC EGO HOMINEM EX JURE QuiRITIUM MEUM ESSE AIO, iSQUE MIHI EMPTUS EST HOC ^RE, iENEAQUE LIBRA : and having ftruck the balance with the coin, gave it to the natu- ral father by way of price. Then he manumitted the fon in the ufual form. But as by the principles of the Roman law, a fon, after being manumitted once and again, fell back into the power of his father •, the imaginary fale was thrice to be repeated, either on the fame day, ar.d before the fame witncf- fes, or on different davs, and before diflerent witneiTes ; and then the purchafer, inflead of manumitting him, which would have conferred a y«j j&rtjt/owrt^^/f on "himfelf, fold him back to the natural father, who immediately manuimtted him by the fame formalities as a llave, {Lihrd et cere lihcratmn c~ rnittchat, Liv. vi. 14.) Thus the fon became his own uiafl^cr, (^f id juris f actus efI,')JAY. vii. 16. The cuilom of felling ^^r ces vel nffe?7i et Uhrani, took its rife frc;ii this, that the ancient Rom.ans when they had no coined money, Liv, iv. 60. and afterwards when they ufed a[fes of a pound weight, weighed their money, and did not count it. In emancipating a daughter, or grand-children, the fame forn-ialilies were ufed, but only once, (^uinca mancipntio fufficie-' bat;) they Vv'ere not thrice repeated as in emancipating a fon. But thefe formalities, like otliers of the fame kind, in procefs of time came to be thought troublefome. Athanalius, there- fore, and Juftinian, invented new inodes of emancipation. Athanahus appointed, that it fliould be fufficient if a father ihowed to a judge the refcript of the Emperor for emancipat- ing his fon ; and Juftinian, that a father lliould go to zi\j ma- gillrate competent, and before him, with the confent of his fon, fignify, that he freed his fon from his power, by faying, HUXC SUt JURIS ESSE TATIOR, MEA'vU'E MANU MITTO. When Rights of Roman Citizens. 49 When a man had no children of his own, left his facred rites and name fliould be loft, he might alTume others (extraneos) ai his children by adoption. If the perfon adopted was his own mafter, (^fidjiiris^, it was called ARROGATIO, becaufe it was made at the Cojmtia Cur lata, by propoung a bill to the people, (^per populi rogatio- ncrn), Gell. v. 19. If he was the fon of another, it was properly called A- DOPTIO, and was performed before the Praetor or Prelident of a province, or any other magifti'ate, (^apud quern legis a£iio erat.') The fame formalities were ufed as in emancipation. It might be done in any place, Suet. Aug. 64. The adopted pafled into the family, the name, and facred rites of the adop- ter, and alfo fucceeded to his fortune. Cicero makes no dif- tindlion between thefe two forms of adoption, but calls both by the general name oi Adoptio. 5. rhe RIGHT of PROPERTY. Things, with refpecl to property among the Romans, were varioufly divided. Some things were faid to be of DIVINE RIGHT, others of HUMAN RIGHT: The former were C7L]le.A. facred, (res SACR^E ;) as, Altars, temples, or any thing publicly confecrated to the gods by the authority of the pontiffs : or religious, CRELIGIOS^ ;) as. Sepulchres, &,c. or inviolable, (SANCTiE, i. e. aliqua fanBione fnunitce f) as, the walls and gates of a city, Macrob. Sat. iii. 3. Thefe things were fubje£t to the law of the pontiffs, and the property of them coidd not be transferred. Temples were rendered facred by inauguration, or dedication, . that is, by being confecrated by the augurs, {confccrata inaugurataque.) Whatever was legally confecrated, was ever after unapplicable to profane ufes, P//V2. Ej). ix. 39. x. 58, 59, 76. Temples were fuppofed to belong to the gods, and could not be the proper- ty of a private perfon. Things ceafed to be facred by being unhallowed, {exauguratione, Liv. i. ^^^ Any place became religious by interring a dead body in if, 1. 6. ^. 4. "Q. de divif. rei. Sepulchres were held religious becaufe they were dedicated to the infernal gods, (Diis manibus vel i?feris.^ No fepul- chre could be built or repaired without the pcrmilllon of the pontiffs ; nor could the property of fepulchres be transferred, G but 50 ROMAN ANTIQ^UITIES. ^ut onlj the right of burying in them, (,jus ?nortmim inferen^ di.^ The walls of cities were alfo dedicated by certain folemn ceremonies, and therefore they w^ere held inviolable, (JanEli^y and could not be raifed or repaired without the authority of the pontiffs. Things of human right were called Profane^ (res PROFA- NE ; and were either PUBLIC and COMMON; as, the air, ri/nmfig water, the fea^ and itsJhareSj &c. Vit-g. IE.n. vii. 229. Cic. Rofc. Am. 26. or PRIVATE, which might be the property of individuals. Some make a diflin; Citizens. ^-^ the infulce were called DOMINI ixsularum, Suet. JuL 41. Tib. 48. vel PR^DIORUM, PUn. Ep. x. 44. 45. and their agents procuratores infularum. For want of room in the citj, they were commonly raifed to a great height bj (lories, {contigna- tionibits v. tahulatis'^y which were occupied by different fami- lies, and at a great rent, 'Juvenal, iii. 166. The upmoft fto- ries or garrets were called ccetiacula. He who rented (jnercede conducehat) an infula^ or any part of it, was called inquilinus. Hence Catiline coitemptuouHy calls Cicero, Inquilinus civis wins Komce, Salluft. Cat. 31. There was alfo,— 3. Servitus STILI ICIDII ET FLUMI- NIS, wherebv one was obliged to let the water, which fell from his houfe, into the garden or area of his neighbour ; or to receive the water which fell from his neighbour's houfe into his area. — 4. Servitus CLOACAE, the right of conveying a pri- vate common fhore through the property of a neighbour, into the Cloaca maxima buUt by Tarquin. — 5. Se7-vitus^ON AL- TIUS TOLLENDI, whereby one was bound not to raife his houfe above a certain height ; fo as not to obftru(!:t the profpe6l and lights of his neighbour. The height of houfes was limited by law, under Auguftus to 70 feet, Strut, v. p. 162. Suet. Aug. ^(). Tacit . Ann . :iM . ^7^. — There was alfo a fer- vitude, that one fliould not make new windows in his wall ^ LUMINA UTI NUNC SUNT, ITA siNT, Cic. dc Orat. i. 39. Thefe fervitudes of city properties, fome annex to res tnan- dpi, and fome to res nee mancipi. MODES of acquiring PROPER.TY. The transferring of the property of the res mancipi, (ABA- LIEN ATIO, vel tranflatio dominii, y. prop7~ietatis,^ was made by a certain ad, called MANCIPATIO, or MANCIPIUM, (^Cic. Off. iii. 16. de Orat. i. 39.) in which the fame formalities were obferved as in emancipating a fon, only that it was done but once. This Cicero calls traditio alterinexu. Topic. 5. f. 28. thus. Dare mancipio, i. e. ex forma vel lege mancipii, to con- vey the property of a thing in that manner ; accifjere, to re- ceive it. Plant. Cure. iv. 2, 8. Trin. ii. 4. 19. "Jurat,— fe fore mancipii tempus in omne tui, devoted to you, Ovid. Pont. iv. 5. 39. Sui mancipii efje, to be one's own mafler, to be fubje£l to the dominion of no one. Cic. ad Brut, 16. So mancipare agrum a- hcuiyX.0 fell an eflate to any one, PUn. Ep. vii. 18. emancipare fundosy 54 ROMAN ANTIQJJITIES. fundos, to diveil one's felf of the property, and convey it to another, Id, x. 3. Cicero commonly ufes mancipium and nexum or -tes, as of the fame import ; pro Muren. 2. pro Flacc. 32. C(ecin. 16. but fometimes he diftinguifhes them; as, de Harufp. 7. where manripium implies complete property, and nexus only the right of obligation, as when one receives anv thing by way of a pledge. Thus a creditor had his infolvent debtor jure uexiy but not Jure mancipii, as he pofldTed his flave. There were various other modes of acquiringlegal property ; as, I. JURE CESSIO, or CESSTO IN JURE, CIc. Top.' s- when a perfon gave up his eftefts to any one befare the prae- tor or preiident of a province, who adjudged them to the per- fon who claimed them, (vindicanti addicehaty, which chiefly took place in the cafe of debtors, who, when tliey were in- folvent, gave up their goods, (bona cedehant) to their creditors. 2. USUCAPTIO vel USUCAPIO, Cic. C^cin. 26. Legg. i. 21. and alfo ufus auEioritas, when one obtained the proper- ty of a thing, by pofleiTmg it for a certain time without inter- ruption, according to the laAv of the tw'elve tables ; for two years, if it was a fann or immoveable, and for one year if the thing was moveable: Ut usus auctoritas, i.^e.jus dominii, quod ufu paratur, fundi eiennium, c^terarum rerum an- nus usus ESSET, Plin. Lp. v. i. But this took'"place only a- mong citizens. For Ad versus kostem, i. q. percgrinum, JE- terna auctoritas erat; fc. alicujus ret, Cic. Off. i. 12. i. e. res jemper vindicari poterat a peregrine, et nunquam ufu capi. Hence Cicero fays, Nihil mort ales a diis ufucapcre pojfunt. If there was any interruption in the poffeflion, it was called U- SURPATIC^, which, in country farms feems to have been by breaking off the (hoot of a tree, (fur ado dsfringendo), Cic. de Orat. iii. 28. But after^A'ards a longer time was neceffary to conftitute prefcription, efpecially in the provinces, namely ten years among thofe who were prefent, and twenty years a- mong thofe who were abfent. Sometimes a length of time was required beyond remembrance. This new method of ac- quiring property by poffeffion, was called LONGA POSvSES- SIONE CAPIO, o'r LONG^ POSSESSIONIS PRv^RO- GATIVA, vel PR^SCRIPTIO. 3. EMPTIO SUB CORONA, i. e. purchafmg captives in war, who were fold with chaplets on their heads. See p. '^^. 4. AUGTIO, whereby things were expofed to public fale, (hqft^y v. voci prceconis fuhjiciebantur)y when a fpear being fet up, Rights o/" Roman Citizens. b> ap, and a public crier calling out the price, {j>r^cone pre- tium proclamatite^ the magiflrate who was prefent adjudged them (addicehat') to the higheft bidder, Cic. Phil. ii. 26. The perfon who bade, held up his finger, {digitum toUehat), Cic. Verr. i. 54. digito licitus eji, iii. ii. The cuflom of fetting up 2 fpear at an auftion feenis to have been derived from this, that at firft only thofe things which were taken in war were fold in that manner. Hence hajla is put for a public fale, and fub hajia venire to be publicly fold.. The day, fometimes the hour, and the terms of the auftion, ufcd to be advertifed, either by a common crier, (« prctcone pncdicariy v. conclamari^ Plaut. Men. v. 9. 94. or in writ- ing, tabula profcribi,~) Cic. Ep. ad Fratr. ii. 6. Profcribebatur, fc. domiis,feu qiiis emere^feu conducere vellety Plm. Ep. vii. 27. JEdes venules hifcribit Uteris, Plaut. Trin. i. 2. 131. Hence ta- bula is put for the au6lion itfelf, /3. — Tabidarn profcribere, for au3ione7n conjlituere ; projc; ihere domu??i x.fundjim, to advertife for fale, Cic. And thofe whofe goods were thus advertifed, were i-^adpendere. Suet. Claud. 9. and alfo the goods, bonafuf- ! penfa ; bccaufe the advertifemcnt (Jibellus, v. tabelld) was affix- I ed to a pdlar {pila v. coliimna)^ in fome public place, Sencc. de Belief, iv. 12. So tnbulas ai^Eiioiiarias prof err e, v. tabiilam^ topublifh, Cz^. Cfl^. ii. 8. Phil. ii. 7^. ad tabulam adejfe, to ho prefent at the fale, j&ro ^uinB. 6. Thus 2X^0 fub titulum nojiros mijit avcra lares, i. e. doTTtum, forced me to expofe my houfe to fale, Ovid. Remed. Amor. 302. It behoved the auction to be made in public, Cic. ib. 1^ con- tra Rull. i. 3. and there were courts in the Forum where auc- tions were made, (ATRIA AUCTION ARIA,) to which Ju- venal is thought to allude, Sai.y'n. 7. A money-broker («r- gentarius^ v/as alfo prefent, who marked down what was bid- den, and to whom the purchafer either paid down the price, or gave fecuritv for it, Cic. pro Ccecin^ 6. ^iin&il. xi. 2. The fale was fometimes deferred, {auBio proferebatur^ Cic, ad Atticum, xiii. 12. The feller was called AUCTOR, and was faid vendere auc- tiomm, Cic. pro Quint. 5, in die fame manner as a general, when he fold the whole plunder of a city, was faid vendere feBionem, Caef. de Bell. Gall. ii. ^t^. The right of propertv conveyed to the purchafer was called AUCTORITAS ; and if that right was not complete, he was faid a tnalo auBore eme^ re, to buy from a perfon who had not a right to feU, Cic. in Verr. v. 22. Plaut, Cure. iv. z^ 12. 5. AD- 56 ROMAN ANTIQUITIES. 5. ADJUDICATIO, which properly took place only in three cafes ; infamilia hercifcunda, vel erBo ciundo, i. e. ha-re~ dilate dividenda, in dividing an inheritance among co-heirs, Cic, Orat. 1. 58. decin. 3. /// c.ommiini dividendo, in dividing a joint Hock among partners, Cic. Ep. vii. 12. infinihus regundisy in fettling boundaries among neighbours, Cic. Legg.'x.ix. when the judge determined any thing to any of the heirs, partners, or neighbours, of which they got immediate property ; but ar- biters were commonly appointed in fettling bounds, Cic. "Top. 10. Sometimes, however, things were faid to be adjudged {adjudicari) to a perfon, which he obtained by the fentence of a judge from any caufe whatever. 6. DONATIO. Donations which were made for fome caufe, were called MUNERA ; as from a client or freedman to his patron, on occalion of a birth or marriage, 'Ter. Phorm. i. 1, 13. Thofe things which were given without any obligation, were called DONA ; but thefe words are often confounded. At firll prefents were but rarely given among the Romans ; but afterwards, upon the increafe of luxury, they became ve- ry frequent and coftl y. Clients and freedmen fent prefents to their pati-ons, P/in. Ep.y. 14. flaves to their mafters, citizens to the emperors and magiftrates, friends and relations to one another, and that on various occaiions ; particularly on the Kalends of January, called STRENiE ; at the feafts of Sa- turn, and at public entertainments, APHORETA ; to guefts, XENI A ; on birth-days, at marriages, &c. P/in. l^ Martial. paj/i?7i. Thofe things which were acquired by anj^ of the above-men- tioned methods, or by inheritance, by adoption, (arrogatio7ie^, or by law, as a legacy, (S^c. were faid to be IN DOMINIO QUIRITARIO, i. cjujlo et legitimo : Other things were faid to be IN BONIS, and the proprietors of them were called BONITARII, whofe right was not fo good as that of the DOMINI QUIRITARn,/77.'/optimojure/>q^^^r6> dicehantur, who were fecure againil law fuits. But Juftinian aboliihed thefe diftindlions. When a perfon had the ufe and enjoyment of a thing, but not the property or power of alienating, it was called USUS- FRUCTUS, either in one word ; thus, JJfumfriiBimi omnhwi honorumfuorum C^pfennicE legat, ut frueretur una ctanjllio, Cic. ^ Caecin. 4. or in two ;• as, Ufus enimejus etfruEtus fufidi tejla- ?7ie7ito'birifuerat Ccefennice, lb. 7. and the perfon FRUCTU- ARIUS, or USUFRUCTUARIUS. 6. i:he Rights 0/ Roman Citizens. 5/ 6. The RIGHT 0/ TESTAMENT caid INHE- RITANCE. None but Roman citizens (fui juris) could make a v.'illj or be witnelles to a tcllamt-nt, or inherit any thing hy tefta- ment. Antiently teflaments iifed to l>e made at the Comitia CjiriatOy which were in that cafe properly called Caiata, Gell. XV. 27. The teftament of a foldier jufl about to engage, was faid to be made IN PROCINCTU, when in the camp, while he was girding himfelf, or preparing for battle, in prefencc of his fellow-foldiers, without writing, he named his heir, {nuncu- pavif), Cic. deNat. D. ii. 3. de Orat. i. 53. So in procinBu car miva facia, written by Ovid at Tow/, where he was in continual danger of an attack from the Getae, Font. i. 8. ic- But the ufual meiliod of making a will, after tlie laws of the twelve tables were enaded, was PER ^S ET LI BR AM, or per famiiice emptionem, as it was called ; wherein before five witneffes, a lihripens and an antejlatus, the teftator, by an i- maginary fale, difpofed of his family and fortunes to one who was called FAMILIyE EixIFTOR, who was not the heir, as fome have thought, Sitet. Ner. 4. but only admitted for the fake of form, {dicis caufa), that the teftator might feem to have alienated his effefts in his lifetime. This act was called FAMILI^ MANCIPATIO ; which being finiflied in due form, the teilator, holding the teilament in his hand, faid, H^C, UTI IN HIS TABULIS CER^SVE SCRIPTA SUNT, ITA DO, ITA LEGO, ITA TESTOR, ITAQUE VO?, QuiRITES, TESTIMONIUM PR^BITOTE. Upon which, as was ufual in like cafes, he gently touched the tip of the ears of the witnefles ; {aiiriculd taEid an- tejiahatur, quod in ima axire memoricc locus erat, Piin. xi. 4^-) this aa was called NUN CUP ATIO TESTAMENTI, Flin. Ep.\'\\\. 18. }A.encz nuncupare h.erede?n, ioxnomi7iare,fcriherey or fncerc. Suet. &: Plin. paffim. But, fometimes this word lignifies to name one's heir viva vocey without writing ; as Horace jufl before his death is faid to have named Auguftus. For the above-mentioned formalities were not always obferved, efpecially in later times. It was reckoned fufHcient if one fub- icribed his will, or even named his heir vivci voce, before feven H witneffes. 58 ROMAN ANTIQUITIES. witnelTes. Something fimilar to this feems to have prevailed antiently, Cic. Verr. i. 45. whence an edift about that matter is called by Cicero, Vetus et Translaticium, as being ufu- E.1, lb. 44. Sometimes the teftator wrote his will wholly with his own hand, in which cafe it was called holographum. Sometimes it was written by a friend or by others, Flin. E.p'ijl. vi. 26. Thus the teftament of Augufhus was partly written by himfelf, and partly by two of his freedinen. Suet. Aug. 102. Lav/yers were ufually employed in writing or drawirig up wills, Cic. de Orat. ii. 6. Suet. Ner. 32. But it was ordaiued under Claudi- us, or Nero, that the writer of another's teftament (called by lawyers, tejiamentarius), fhould not mark down any legacy for himfelf, St/et. Ner. I']. When a teftament was written by a- nother, the teftator wrote below, that he had dictated and read it over, (sE id dictasse et recognovisse). Tefta- meuts were ufually written on tables covered over with wax, becaufe in them a perfon could moft eafily erafe what he wifh- ed to alter, ^uinElilian. x. 3,31. Kence Cer^ is put for tabula: cerates or tabulce tejiamenti, Juvenal, i. ^i. Pritia cera, for prima pars tabulce, the firft part of the will, Horat. Sat. ii. 5, ^'^. and CERA extrema, or ima, for the laft part, Cic. Verr. i. 36. Suet. 'Juvenal. 83. But teftaments were called Tabula, although written on paper or parchment, Ulpian. Teftaments were always fubfcribed by the teftator, and u- fually by the Vvdtneftes, and fealed with their feals or rings, (Jignis eorum ohfignalantJir), Cic. pro Cluent. 13, &c 14. and alfo with the feals of others, Cic. Att. vii. 2. Suet. "Tib. c. ult. Plin. Ep. ix. I. They were likewife tied with a thread. Hence nee meafuhjeBd con\}iBa eji gemma tabelld Mendar em linis impofuijfe ?iotam, Nor is my ring, i. e. nor am I con- vifted of having ainxed a falfe mark, or feal, to the thread on a forged deed or will, Ovid. Pont. ii. 9. 69. It was ordained that the thread ftiould be thrice drawn through holes, and fealed, Suet. Ner. 17. The teftator miglit unfeal {rejignare^ his will, if he wiftied to alter or revife it, (jnutare x'ii recognofcere^. Sometimes he cancelled it altogether ; fometimes he only erafed {iiiducebat v. ddebat^ one or two names. Teftaments, like all other civil deeds, were ahvays written in Latin. A legacy exprefled in Greek was not valid, Ul- pian. Fragm. xxv. 9. There ufed to be feveral copies of the fame teftament. Thus Rights 0/ Roman Citizens. 5^ Thus Tiberius made two copies of his will, the one written by himfelf, and the other by one of his freedmen, Suet. Tib. c. uit. Teftaments were depofited, either privately in the hands of a friend, or in a temple with the keeper of it, (ap7:d JEdituum). Thus Julius Cafar is faid to have entruiled his teftament to the eldeil of the Veftal Virgins, Suet. Jul. 83. In the firft part of a will, the heir or heirs w^ere v^-ritten thus : TiTIUS MIHI H^RES ESTO, Jit V. erlt ; or thus, TlTI- UM H^REDEM ESSE JUBEO, vel volo , alfo, hccredemfacio, Jai- bo, infiituo. If there were feveral heirs, their different portions were marked. If a perfon had no children of his own, he af- fumed others, not only to inherit his fortune, but alfo to bear his name, {nomen fuumferre^, as Julius Casfar did Auguftus, {in familiam nomenq^ue adoptavit, adfcivit. Suet. AJfumpfit^ Plin.) If the heir or heirs who were firft appointed {injlitut'i) did not chufe to accept, {hcereditatem adire^ \.cerverenollent^, or died under the age of puberty, others were fubftituted in their room, called H^REDES SECUNDI ; fecundo loco v. gradu fcriptix. fuhjlitiiti, Cic. pro Cluent. 11. Horat. Sat. ii. 5. 45. Suet. Jul. 83. A corporate city {j-efpuhlica) could neither inherit an eftate, nor receive a legacy, Fliri. Ep. v. 7. but this was afterwards changed. A man might difmlierit {exhceredari) his own children, one or all of them, and appoint what other perfons he pleafed to be his heirs ; thus, TiTius filius meus exh^eres esto, Tlin. Ep. V. I. Hence ynvcnal Sat. 10. Codirefcevo hccredes "jetat ejjefuos. Sometimes the caufe (ELOGIUM, i. e. car: fa exha'redationis,^v:2iS added, Cic. pro Cluent. 4^. ^linBilian vii. 4. 20. decl. 2. A teftament of this kind was called INOFFI- CIOSUM ; and when the children raifed an aftion for refcind- ing it, it was faid to be d.onepcr querelam inofficiosi. Sometimes a man left his fortune in truft (Jidei commit tehcii') to a friend on certain conditions, particularly that he (liould give it up (jiit rcjlitzieret v, redder et') to fome perfon or perfons. \\Tiatever was left in this manner, whether the whole eftate, or any one thing, as, a farm, ccc. was called FlDEICOTyT- MISSUM, a truft ; and a perfon to whom it was thus left, v.as called H/ERES FIDUCIARIU5, who miglit either bt; a citizen or a foreigner, 1. 8. •■ . 4. D. de acceptil. A teftament of this kind was exprefled in the form, of re- ft or intraaty, {verbis precativis~) ; thus, R.OGO, peto. H 2 VOLO, ^o ROMAN ANTIQ^UITrES. VOLO, MAKDO, FiDEi TU^COMMITTO, "Ter. ylnd.'n. ^. and not hy way of command, (verbis imperativis')^ as all teftaments were, and might be written in any language. In the l?fl part of the will, (/// tubulisfecu7idi.<), tutors were appointed for one's children, and legacies (Jrgatci^ left to lega- tees, (Jegatarizs^:, all in dire£l and commanding words : Thus', Tutor esto, vel tutores sunto : tutqrem, v. -es do, Cic. Ep. xiii. 6i. Plin. Ep. ii. i. And to their protection the teflator recommended his ciiildren, Qvid. '^Triji. iii. Eleg. 14. Legacies were left in four different way;, which lawyers have difiinguiflied by the following names, i. Per VIN- DICATIONEM ; 'thus, Do, lego ; alfo, Capito, sumi- TO, V. iiAEETo, to which Virgil alludes, ^n. v. ^'^t,. This form was fo called from the mode of claiming property. Cic. pro Murcen. 12. — 2. P^r DAMNATIONEM ; thus, H.'eres MEUS DAMNAS ESTO DARE, &c. Let my heir he hound, ^.c. ^miBil. vii. 9. and fo in the plural, damnas sunto. By this form the teilator was faid, damnare hceredeniy to bind his heir. l-itncQ damnare aliqiiemvof is, Virg. ^n. v. 80. Civitas da?nnata voti, bound to perform, Liv. v. 25. But it was o- therwife exprefied thus, H.tlRES meus dato, facito ; H^RE- DEM MEUM DARE JOBEO. — 3. SINENDI modo ; thus, H^ERES MEUS SINITO, vel DAMNAS E.STO SINERE LUCIUM TlTIUP/E SU- MERE ILI.AM REM, V. SIBI HABERE. 4. Per PR^CEPTIO- NEM ; thus L. TiTius illam rem PRjiicrpiTo, e medio, vel E media h^ereditate sumito, sibique habeto, vel Pr.eri- ptiit, &c. when any thing was left to any perfon, which he was to get before the inheritance was divided, or when any thing particular v/as left to any one of the coheirs belides his own Ihare, to which Virgil alludes, ^n. ix. 271. Hence PR^crfERE, to receive in preference to others ; and prtecep- TIO, a certain legacy to be paid out of the firft part of the fortune of the deceail;, Plin. Ep. v. 7. as certain creditors had a privilege to be preferred to others, (frotopraxia, i. e. privilegium quo drtcris creditorihus pra-pofiantur^. Id. x. 109. no. When additions were made to a will, they were called CO- DICILLI. The)'- were expreiTed in the form of a letter ad- dreffed to th.? heirs, fometimcs alfo to truftecs, {ad jideicom- mijfarios^. it behoved them however to be coi-firmed by the teflament, Plin. Ep. ii. 16. After the death of the teflator, his ^vill was opened^, Horat. Ep. Rights o/* Roman Citizens. 6t Ep. i. 7. in prefeiice of the witnefTes who had fealed it, {co- ram fignatoribus), or a majority of them, Suet. 'Tib. z^. And if they were abfent or de \d, a copy of tiie will was taken in prefence of other relpeclable perfons, and the autlientic tella- ment was laid up in the public archives, that if the copy were loft another might be taken from it, (ejpt, undepetipojfet). Ho- race ridicules a mifer, who ordered his heirs to infcribe on his tomb the fum he left, Sat. ii. 3. 84. It was efteemed honourable to be named in the teftament of a friend or relation, and confidered as a mark of difrefpeft to be paffed over, Clc. pro Domo, 19. &• 32. pro Sext. 52. Phil. ii. 16. Suet. Aug. 66. It was ufually required by the teflament, that the heir fliould enter upon the inheritance within a certain time, in 60 or 100 days at moft, Cic. ad Att. xiii. 46. dc Orat. i. 22. Plin. Ep. x. 79. This aa v/as called H.CREDITATIS CRETIO, (h^res cum confiituit fe lijeredem ejjc, dicitur cernere, Varr. L. L. vi. 5.) and was performed before witnelTes in thele words : Cuivr ME M.^VIUS H.^REr-EM INSTITUERIT, EAM H^EREDITATEM CERNO ADEOQUE. After faying which, {diciis cretionis verbify ^ the heir was faid H/EREDITatem adiisse. But when this formality (Cretionis solemnitas) was not required, one be- came heir by adling as fuch, {pro hcerede SE gere:ndo, vel ges- TIONE,) although he might alfo, if he chofe, obferve the fo- iemn form. If the father or grandfather fucceeded, they were called h.eredes ASCEXDENTES ; if, as was natural, the children or grandchildren, DESCENDENTES; if brothers or fifters, COLL ATER ALES. If any one died without making a will, {inte flatus), his goods devolved on his neareft relations ; firft to his children, failing them to his neareft relations by the father's fide, {agnatis),^'^d failing them to thofe of the fame gens (gentilibus''). At Nice, the community claimed the eftate of every citizen who died inteftate, Plin. Ep. x. 88. The inheritance was commonly divided iiito tv/elve parts called uncLe. The whole was caUed AS. Hence hccres ex ajft, heir to one's v/hole fortune ; hccres exfem[[je^ ex trunte^ doduan-^ I te, &c. to the half, third, three-fourths, cic. The UNGIA v/as alio divided into parts ; the half SE- MUNCIA, the third DUELLA, or bi/ue fextuLe, the fourth SIGILICUiJ, V. -us, the fixth SEXTULA, Cic. pro Cacin. 6. 7- ^'^^ 6i PvOxMAN ANTIQUITIES. 7. The RIGHT 0/ TUTELAGE or WARDSHIP. Any father of a family might leave whom he pleafed as guardians {tutores) to his children, Liv. i. 34. But if he died in- teilate, this charge devolved by law on the ncareft relation by the father's fide. Hence it was called TUTELA LEGITI- MA. This law is generally blamed, as in later times it gav6 occafion to many frauds in prejudice of wards, (_pupilli), Ho- rat. Sat. ii. 5. Juvenal. Sat. vi. 38. When there v/as no guardian by tellament, nor a legal one, then a guardian was appointed to minors and to women by the prcetor, and the majorit)'- of the tribunes of the people, by the Atilian law, made A. U. 443. But this law was afterwards changed. Among the ancient Romans, women could not tranfa£t any private bufmefs of importance, without the concurrence of their parents, hufbands, or guardians, Liv. xxxiv. 2. Cic. Flacc. 34. &, 35. and a huiband at his death might appoint a guardian to his wife, as to his daughter, or leave her the choice of her own guardians, Liv. xxxix. 19. Women, however, feem fome- times to have afted as guardians, Lin), xxxix. 9. If any guardian did not difcharge his duty properly, or de- frauded his pupil, there was an a6lion againft him, (^judicitnn tutehe), Cic. pro Q^Rofc. 6. Orat. i. ^6. Caecin, 3. Under the Emperors guardians were obliged to give fecu- rity {Jatisdare) for their proper condudl, (rem pupilli fore SALVAM,) Digejl. A fignal inftance of punifliment inflifted on a perfidious guardian is recorded, Suet. Galb. 9. II. PUBLIC RIGHTS of ROMAN CITIZENS. 'T" HESE were ^us Cenfus, Militia-, Trihutoruni, Suffragiij Kononim, ct Sacrorum. I. JUS CENSUS, The right of being inrolled in the cen- for's books. This will be treated of in another place. II. Rights o/'Roman Citizexs. 6^ U. JUS militia! The right of ferving in the army. At flrft none nut citizens were enlifted, and not even thofe of the loweft clafs. But in after times this was altered ; and under the emperors fcMiers were taken, not only froin Italy and the provinces, but alfo at lad from barbarous nations, Zq/im. iv. 30. &31. III. JUS TRIBUTORUM. Tributum properly was mo.- ney publiclj'impofed on the people, which v/as exacled from each individual through the tribes, in proportion to the valu- ation of his eftate, (^pro portione cenjus^. Money publicly exact- ed on any other account, or in any other manner, was called VECTIGAL, Varro de Ling. Lat. iv. 36. But thefe v/ords are not always diftinguiilied. There were three kinds of tribute; one inTOofed equally on each perfon, (in capita), which took place under the firll kings, Dionyf. iv. 43. another according to the valuation of their eflate ; {ex cenfu), Liv. i. 43. iv. 60. Dionyf. iv. 8. 19. and a third, which was extraordinary, and demahded only in cafes of neceffity, and therefore depending on no rule, {temerarium, Feftus.) It was in many inflances alfo voluntary, Liv. xx^a. 36. and an account of it was taken, that vv'hen the treafury was again enriched, it might be repaid, as was done after the fecond Punic war, Id. After the expulsion of the kings, the poor were for fome- time freed from the burden of taxes, until the vear 349, Vvhen the fenate decreed, that pay fhould be given from the treafury to the common people in the army, who had hitherto ferved at their own expence ; whereupon all were forced to contri- bute annually according to their fortune for the pay of the foldiers, Liv. iv. 59. &c. 60. In the year of the city 586 annual tributes were remitted, on account of the immenfe fums brought into the treafury by L. Paullus iEmilius, after the defeat of Perfeus, Cic. Offic. ii. 22. and this immunity from taxes continued, according to Plutarch, down to the confulfhip of Hirtius and Panfa. The other taxes (VECTIGALIA) v/ere of three kinds, Fortorium, Decumct;, and Scriptura. 1 . PORTORIUM was money paid at the port for goods im.pcrted and exported, the collectors of which v/ere called PORTITORES ; or for carrying goods over a bridge, where every carriage paid a certain fum to the exafter of the toll, Dipeji. The portoria. were remitted A. U. 692, the year ia ■svhich 6'4 ROMAN ANTIQJJITIES. which Pompey triumphed over INIithrldates, Dio. 37. 51. Ctc. Att. il. 1 6. but were afterwards impofed on foreign merchan- dife by Caefar, Suet. yul. 43. 2. DECUM^, Tithes, were the tenth part of corn, and the fifdi part of other fruits, which were exacted from thofe w^ho tilled the public l?.nds, either in Italy or without it. Thofe who farmed the tithes were called BECUTvIANI, and efteemed the inoll honourable of the publicans or farmers ge- neral, as agriculture v/as efteemed the moft honourable w£.y of making a fortune among tlie E.omans, Cic. Verr. ii. I3.iii. 8. The ground from which tithes were paid was alfo call- ed DECUMANUS, Cic. Verr. iii. 6. But tliefe lands were all fold or diftnbuted among the citizens at different times, and the land of Capua the laft, by Caefar, Suet. Jul. 20. Cic, Att. ii. 16. 3. SCRlPTUPvA W9.3 the tax paid from public paftures and woods, fo called, becaufe thofe who wifhed to feed their cat- tle there, fubfcribed their names before the farmer of them, (^coram peciiario wdfcriptuario^^'V^YXo dc Re Ruftica, ii. 2. 16. and paid a certain fum for each beaft ; Fe/lus in Scriptua- Rius Ager : as was likewife done in all the tithe-lands, (/« agris deciimanis^y Cic. Verr. iii. 52. Plaut. True. i. 2.44. All thofe taxes were let publicly by the cenfors at Rome, \locahantur fuh hajlci), Cic. Rull. i. 3. Thofe who farmed them {i-edimehant v. conducehav.t^ were called PUBLICANI or MANCIPES, Cic, pro Domo, 10. They alfo gave fecuri- ties to the people, (Pryiedes), and had partners who Ihaied the profit and lofs with them, (Socii). There was long a ta?i upon fait. In the f?cond year after the expulfion of Tarquin, it was ordained that fait fliould not be fold by private perfons, but fhould be furnifhed at a lower rate by the public, Liv. ii. 9. A new tax was im-pofed on fait in the fecond Punic war, at the fuggcftion of the cenfors Claudius Nero and Livius, chiefly the latter, who hence got the firname of Salinator, Liv. xxix. 37. But this tax was al- fo dropped, although it is uncertain at what time. There was another tax which continued longer, called VI- CESIMA, i. e. the twentieth part of the value of any ilave who was freed, Cic. Att. ii. 16. It was impofed by a law of the people afl'emblcd by tribes, and confirmed by the fenate. What was fingular, the law was palled in the carr-.p, Liv. vii. 16. Themoney ralfed fropi this tax (jmrum vlceJ/imariufTr^Vi' fed Rights of Roman Citizens. d^ ted to be kept for the lad exigencies of the flate, Lh. xxvii. 10. Various other taxes were invented by the emperors ; as the hundredth part of things to be fold, (centcfimn. Tacit, i. 78.) the twenty-fifth of flaves, {yigejima quinta ?na?icipiorufn), and the twentieth of inheritances, (yigefima hcereditatum), by Au- gu^us. Suet. Aug. 49. Dio. Iv. 25. a tax on eatables, (^pro e~ duliis,) by Caligula, Suet. 40. and even on urine, by Veipa- fian, Suet. 23. &c. IV. JUS SUFFRAGII, the right of voting in the different aflemblies of the people. V. JUS HONORUM, the right of bearing public offices in the ftate. Thefe were either priefthoods or magiftracies, (Jacerdotia et 7nagijiratus'), which at firft were conferred on- ly on Patricians, but afterwards were all, except a few, fhared with the Plebeians. VI. JUS SACRORUM. Sacred rites were either public or private. The public were thofe performed at the public expence ; the private were thofe which every one privately ob- ferved at home. The Vejlal Virgins preferved the public hearth of the city ; the curiones with their curiales kept the hearths of the thirty curiae ; the priefts of each village kept the fires of each village, (JPagoruTTi). And becaufe upon the public ellablifhment of Chriilianity in the empire, when by the decrees of Conftantine and his fons, the profane worfhip of the gods was prohibited in cities, and their temples fhut, thofe who were attached to the old fuperftition fled to the country, and fecretly performed their former facred rites iii the villages ; hence PAGANS came to be ufed for Heathens, Qhiy.oi, Gentiles), or for thofe who were 7iot Chrijlians ; as an- ciently among the Romans thofe were called PAGANI who were not foldiers, Juvenal, xvi. 3 2 . Suet. Galh. 1 9. Flin. Ep. vii. 25. Thus, Pagani et Montani are called Plehes Urhana by Cicero, becaufe they were ranked among the city tribes, al-^ though they lived in the villages and mountains, pro Domo, 28. Each^c-wj had certain facred rites peculiar to itfelf, (^gentili- tia, Liv. V. 52.) v^'hich they did not intermit even in the heat of a war, Liv. v. 46. Every father of a family had his own lioufeh old-gods, whom he worfliipped privately at liome. Tliofe who came from the free town^, and fettled at Rome, I retained 66 ROMAN ANTIQIJITIES. retained their municipial fkcred rites, and the colonies retain- ed the facred rites of the Roman people. No new or fort-igr. gods could be adopted bj the Romans, unlefs by public authority. Thus ^icalapius was publicly fent for from Epidaurus, and Cybele from Phiygia, Liv. xxix. II. £x. 12. Hence if any one had introduced foreign rites of himfelf, they were publicly condemned by the fenate, Liv. iv. 30. XXV. I. xxxix- 16. But under the emperors all the fuper- Itition of foreign nations flocked to Rome ; as the facred rites of Ifis, Scrapis, and Anubis from Egypt, &:c. Thefe were the Private and Public Rights of Roman citi- zens. It was a maxim among the Pvomans, that no one could be a citizen of Rome, who fufFered himfelf to be made a citi- zen of any other city, Clc.pro Cc^cin. ^6. Nepos in vita Atti- ei, 3. which was not the cafe in Greece, Cic. pro Arch. 5. And no one could lofe the freedom of the city againft his will, Cic. pro Dam. 29. & 30. pro Ciecin. -J^i. If the rights of a ci- tizen were taken from any one, cither by way of punifhment, or for any other caufe, fome fiftion always took place. Thus when citizens were baniflied, they did not expel them by force, but their goods v;ere confifcated, and themfelves were for- bidden the ufe of fire and water, Ciis igne et aqua interdiclum ejl), which obliged them to repair to fome foreign place. Au- guftus added to this form of banifliment what was called DE- FORTATIO, whereby the condemned being deprived of their rights and fortunes, were conveyed to a certain place, with- out leaving it to tlieir own choice to go where they pleafed. When anv one was fent away to any place, without being deprived of liis rights and fortunes, it was called RELEGA- TIO. Thus Ovid, Triji. ii. 137. v. 11, 21. So captives in v.'ar did not properly lofe the rights of citi- zens. Thofe rights were only fufpended, and might be re- covered, as it was czWeA, jure poftliminii, by the right of reflo- ration or return, Cic. T^op. 8. de Orat. i. 40. In like manner, if any foreigner, \\'ho had got the freedom of Rome, retun)ed to his native city, and again became a ci- tizen of it, he ceafed to be a Roman citizen, Cic. pro Balb. 12. This was called pofilifmniurn, with regard to his own country, and reicBio civitutis with regard to Rome. Anv Icfs of libertv, cr of the rights of citizens, was called DIMTNUTIO CAPITIS, Cic. pro Mil. 36. jus lihertatis im- minutumj Sallull. Cat. 37. Hence Capitis fninor, fc. ratione vel refpeElii^ J U 6 L A T I I. 67 refpe&u, or capite diminutus, leuened in his ftate, or degrad- ed from the rank of a citizen, Horat. Od. iii. 5. 42. The \ok of liberty, which inckided the Icfs of the citj, and of one's family, was called diminutio capitis maxima; uaiiilhment, diminutio media; any change of family, minima y Digell. ii. de capite minutis. JUS L A r I I. 'T^HE JUS LATH or LATINITAS, Suet. Aug. 47. Cic. Att. xiv. 12. was next to thejV/j civitatis. Latium anciently {JLaliiim Vctiis) was bounded by the ri- vers Tiber, Anio, Ufens, and the Tufcan fea. It contained the Albans, Rutuii, and yEqui. It was afterwards extended {Latium Novum') to the river Liris, and comprehended the Ofci, Aufones and Volfci, Pliji. iii. 9. The inhabitants of Latium were called Latini Socir, nomen Latinum, et se- en Latini nominis, &.C. Socii et Latinum no??ie}i, means the Italians and Latins. The JUS LATH was inferior to thej/Af civitatis, and fupe- rior to theyV/j" Italicum. But the precife difference is not af- certained. The Latins nfcd their own laws, and were not fubjeft to the edi£ls of the Roman praetor. They were permitted to a- dopt fome of the Roman laws, if they chofe it, and then they . were called POPUU FUNDI, Clc. 'pro Ealh. 8. If any ftate did not chufe it, it was faid Ei legi, v. de ea lege fundus fie- ri NOLLE, i. e. au6lor, fuhfcriptor ejp;, v. earn probare et recipe- re, ib. The Latins were not inrolled at Rome, but in their own cities, Liv. xli. 9. They might be called to Rome to give their votes about any thing, Liv. xxv. 3. But then they were not included in a certain tribe, and ufed to caft: lots to know in what tribe they ftiould vote, ibid, and when the confuls chofe, they ordered them by a decree of the fenate to leave the city, Cic. Brut. 26. which however rarely happened, Cic.pro Sex~ Such Latins as had borne a civil office in their own ftate, became citizens of Rome, Appian. de Bell. Civ. 'n. p. 443. but could not enjoy honours before the lex "Julia was made, Liv. viii, 4. xxiii. 22. by which law the right of voting and 01 en- I 2 joying 68 ROMAN ANTIQUITIES. joying honours Avas granted to tliofe \vho had continued faith- ful to Rome in the Social war, A. U. 663 ; which the Latins had done. The dillinftion, however, betwixt the jus Latii and tht jus civltatis, and the fame mode of acquiring the full right of citizenfhip, (jier Latium in civitatejn venicnd'i), was ftill retained, Tlin. Tancg. 37. 8c 39. Strah. \\. p. 186. f. The Latins at firfl: were not allowed the ufe of arms for their own defence, without the order of the people, Liv. ii. 30. iii. 19. but afterwards they lerved as allies in the Roman army, and indeed conilituted the principal part of its ftrength. They fomctimes furnilhed two thirds of the cavalry, and alfo of the infantrj^', Z/t;. iii. 22. xxi. 17. et alibi pajjim. But they were not embodied in the legions, and were treated with more fe- verity than Roman citizens, being puniflied with ftripes, from which citizens were exempted by the Portian law, Sal- luji. Jug. 69. The Latins had certain facred rites in common with Roman citizens ; as the facred rites of Diana at Rome, (inftituted by Servius Tullius, Liv. i. 45. in imitation of the AinpiRycnes at Delphi, and of the Grecian ftates in Afia in the temple of Diana at Ephefus, Dionys. iv. 26.) and the Latin holy days kept with great folemnity on the Alban mountain ; firft for one day, the 27th April, and afterwards for feveral days. The Romans always prefided at the facrifices, Liv. xxi. c. ttlt. XX. I. Dionyf. iv. 49. Befides thefe, the Latins had certain facred rites, and deities peculiar to themfelves, which they worlhipped ; as Feronia at Terracina, Jupiter at Lanuviiun, Liv. xxxii. 9. They had alfo folemn aflemblies in the grove of Ferentina, Liv. i. 50. which appear in antient times to have been em- ployed for political as well as religious purpofes. From this cr- vention all thofe were excluded who did not enjoy they?/i' Latii. JUS I r A L I C U M. \ LL the country between tlie Tufcau and Radriatic feas, -^* to the rivers Rubicon aiid ?ilacra, except Latium, was called Italy. Tlie ftates of Italy being fubdued by the Ro- mans in different wars, were received into alliance on diffe- rent conditions. In many rcfpefis tliey were in the fame ftate with J U S I T A L I C U M. 69 with the Latins. They enjoyed their own laws and magiftrates, and were not fubjcft to the Roman Prator. They were taxed I {j:enji^ in their own cities, and furniHied a certain number of foldiers according to treaty. But they had no accefs to the freedom of Rome, and no participation of facred rites. After the fecond Punic wax, feveral of the Italian ftates, for having revolted to Hannibal, were reduced to a harder condition by the Dictator Sulpicius Galba, A. U. 550 ; efpe- cially the Bruttii, Picentmi, and Luca?ii, who were no longer treated as allies, and didnot furnifli foldiers, but public flaves, A. Gdl. X. 3. Capua, which a little before had been taken, loft its public buildings and territory, Liv. xxvi. 16. But af- ter a long and violent ftruggle in the Social, or Marfic war, all the Italians obtained the right of voting and of enjoying honours by the Julian, and other laws. Sulia abridged thefe 5 privileges to thofe who had favoured the oppolite party ; but \ this was of fhort continuance, Cic. pro Domo, 30. Auguf- tus made various changes. He ordeied the votes of the Ita- lians to be taken at home, and feat to Rome at the day of the ' comitia, Suet. Aug. 46. He alfo granted them an exemption from furnilhing foldiers, Herodian. ii. 11. The diftinclion of the y^'j Z«^// and /,fa/2a-(m, however, fiill continued, and thefe rights were granted to various cities and ftates out of Italy, Plin. iii. 3. 4. In confeouence of which, farms in thofe places were faid to be IN SOLO ITALICO, "as well as thofe in Italy, and were called PR^EDIA CENSUI CENSENDO, (^quod in cenjum referri poterant, iitpote 7t.< mancipi, quce venire emiqne poterant jure civili^, Cic. pro. Flacc. 32. and faid to be in corpore cenfiis, i. e. to conftitute part cf that eilate, according to tlie valuation of which in the ceafor's books every one paid taxes, Juvenal, xvi. 53. Dio. 38. i. PROVINCES. nr HOSE countries were called Provinces, -^vhich the Ro- man people having conquered by arms, or reduced any other way under their pov/er, fubjecled to be governed by magiftrates fent from Rome, (jjuod ens provicit, i. e. ante vicit, Feftus). The Senate having received letters concei-ning the re- duclion of any country, confulted what laws they thought pro- per ilaould be prefcribed to the coa amhaiwc'Drs detennined, ufed to be pronounced puhlicly bV him before an affemblv, after filence was made bj a herald . Liv. xlv. '29. Cic. in Vcn\_ ii. 13. Hence, In formvlam focio- rum referri, to be enrolled among, Liv. xliv. 16. Urhem fov- mulce f ui juris facer e^ to hold ir. dependanceorfubje£l:ior,xxxviii. 9. In antiqiii for mul am juris refHtui, to be brought irto their former ftate of deper.dance or, Sec. xxxii. ^'^. So xxiv. 26. The firft country v.hich the Romans reduced into the form of a province^ was Sicily, Cic. Verr. ii. i. Tlie condition of aii the provinces was not the fame, nor of all the cities in the fame province, but different according to tlseir merits towards the Roman people; as they had either fr ontaneoiifly furrendered, or made a long and obflinate refift- ance. Some were allowed the ufe of their own laws, and tc chufe their own ipag'ilrates ; others were not. Some alfo v.'ere deprived of part of their territory. Into each province was fent a Roman governor, (PR^^- SES\ Oviil. Pont. iv. 7, 3. to command the troops in it, ani to admJniiler jullicjs ; together with a qus&ilor, to take cai : of the public money and taxes, and to keep an account of what was received and expended in the province. The provincej were grievoufiy oppreiTed with taxes. The Romans impcfed on tlie vanquifhed, either an annual tribute, which was calk'' CENSUS CAPITIS, or deprived them of part of tlieii grounds ; and either fent planters thither from the city, or re- ftored them to the vanqiiiflied, on condition that they Ihould give a certain part of the produce to the republic, which wa: called CENSUS SOLI, Cic. in. Verr. iii. 6. v. 5. The for- mer, i. e. thofe who paid their taxes in money, were called STIPENDIARII, or Trihutari'i^ as, Gallia comata. Suet. Jul. 15. The latter, VECTIGALES ; vvho are thought to have been in a better condition than the former, But thefe words are fometimes confounded. The fum which the Romans annually received from the fti- pendiary dates was alwavs the fame ; but the revenues of the i)efligales depended on the u icertp.in produce of the tithes, of the taxes on the public palturc3, ^faiptwa^, and on goods in ported and exported, (f>ortorium). Sometimes inllead of the Provinces. 71 the tenth part, if the province was lefs fertile, tlie twentieth cniy was exacted, as from the Spaniards, Liv. xliii. 1. oOPie- I times in cafes of neceility an additional tentli part was ci^i^ed. above what was due ; but then money was paid for it i.. the ' hufbandmen, Cic. Verr. iii. 31. Whence it was called //-«- mentum e?nptum, alfo decunutnum^ or imperatum, Liv. xxxvi. 2. xxxvii. 2, & 50. xlii. 31. Afconius in his conimcntarj on Cicero, Verr. ii. 2. men- tions three kinds of payment made by the provincials ; the re- gular or ufual tax, a voluntary contnbutio'i or benevolence^ and an extraordinary exadlion or demand : (Omne geitus penjl- tutionis t;i hcc capite pojitum efcy canonis, quod deberetur ; OB- r,ATiONis, quod opus cffet ; et indictionis, quod imperaretuf-^. i\\ which fenfe IndiBio is ufed by Pliny, Paneg. 2Q. Under the Emperors a rule was made out, called Canon FRUMENTARius, in which was comprifed what corn each pro- vince ought yearly to furnifli. The corn thus received was laid up in public granaries, both at Rome and in the provinces, whence it was given out, by thofe who had the care of provi- :iions, to the people and foldiera. Under the Emperois, befides a certain fura paid for the public paflures, the people of the provinces were obliged to furniili a certain number of cattle from their flock, Vopijc. in Proh. 15. And beiides the tax paid at the port, as in Sicily, iUc. Verr. ii. 72. in Alia, Cic. Agrar. ii. 29. in Britain, 'Tacit. x)it. Agric. 31. they alio paid a tax for journeys. Suet. Vitell. 14. efpecially for carrying a corpfe, which could not be tranf- ported from one place to another v/ithout the permillion of the High Priefl or of the Emperor. But this tax was abo- iiilied. Thare was alfo a tax on iron, filver, and gold mines, as in Spain, Liv. xxxiv. 21. on marble in Africa, on various mines in Tvlacedonia, Illj^ricum, Thrace, Britain, and Sardinia ; and alfo on falt-pits, as in Macedonia, Liv. xiv. 29. MUNICIPIA, C0L02v[[^, l r PR.^FEC- TUR/Z. "^/fUNICIPIA were foreign towns which obtained the right ^ ■*• of Roman citizens. Of thefe there v/erc difrerent kinds. Some 72 ROMAN ANTIQUITIES. Some pofleiTed all the rights of Roman citizens, except fucli as could not be er.joyed without refiding at Rome. Others enjojed the right of ferving in tlie Roman legion, (MUNE- RA Ttnlitaria CAPERE poterant)., but had not the right of voting and of obtaining civil offices. • The. Municipia ufed their own laws and cufloms, which were called LEGES IVlUNlCIPALES ; nor were they oblig- ed to receive the Roman laws unlefs they chofe it : {jiijt fundi FIERI •ve/k;!t\ And fome chole to remain as confederate ftates, (civitates fcederatcs), rather than become Roman citi- zens; as the people of Heraclea and Naples, Cic. pi'o Balbo, 8. There were anciently no fuch free towns except in Italj, but afterwards we find them alfo in the provinces. Thus Pliny mentioiis eight in Ba^tica, and thirteen in hither Spain, Hi/}. Nat. iii. 2. COLONIES were cities or lands which Roman citizens were fent to inhabit. Thej were tranfplanted commonly by three commifiioners, (per triumvh'os colotitie deducendcc agro- qtie dii'idiitido, Liv. viii. 1 6.) fometimes by five, ten, or more. Twenty were appointed to fettle the colony at Capua, by the yuliati law, Dio. xxxviii. i . The people determined in what man- ner the lands were to be divided, and to whom. The new co- lony marched to their deftined place in form of an army, with colours flying, (^fuh vexillo). The lands were marked round with a plough, and his own portion alTigned to every one, T^it'g. -^«. V. 755* All which was done after taking the aufpices, and offering facrifices, Cic. Phil. ii. 40. &. 4a. When a city was to be built, the founder, dreffed in a Ga- binian garb, CGahino cinBu ovnatus, v. Gabino cultii inciiiclus^ Liv. V. 46. i. e. with his toga tucked up, and the lappet of it thrown back over the left ihoulder, and brouglit round un- der the richt arm to the breafl ; fo that it girded him, and made the toga fliorter and clofer), yoking a cow and a bull to a plough, the coulter whereof was of brafs, marked out by a deep furrow the whole compafs of the city ; and thefe two a- nimals with other vidlims were facrificed on the altars. All the people or planters followed, and turned inwards the clods cut by tb€ plough. Where they wanted a gate to be, they took up the plough and left a fpace. Hence PORTA, a gate, (a portan- do aratrum.') And towns are faid to have been called UR- BES from being furrounded by the plow, (ah orbe, vel ab URVO, i. e. buri^ five aratri rurvatura, Varro de Lat. Ling. iv. MUNICIPIA, COLONIJE, et PrjEFECTUR^. 7 j IV. 2. Feftus). Tlie form of founding cities among the Greeks, is del'cribcd by Paufanias, v. 27. who fays that the lirfl city built, was Lycosfira in Arcadia, viii. :^8. When a city was folemnly deflroyed, the plough was alfo drawn along (inducchatiir) where the walls had flood, Horat, Od. i. 16. Hence, Et feges eji, ubi Trojafuit, Ovid. Her. i. 1. 53. We read in the facred writings of fait being fown on the ground where cities had flood, 'Judg, ix. 45. Mic. iii. 12. The w^alls of cities were looked upon by the ancients as fa- cred, but not tlie gates, Fhit. ^uejl. 16. Tlie gates however were reckoned inviolable, (^fanStie). A fpace of ground w as left free from buildings both within and without the walls, which was called POM^ERIUM, (i. e, locus circa mitrum, \t\poJi murum intus et extra,} and was like- wife held facred, Liv.\.^^. Sometimes put only for the open fpace without the walls, Flor. i. 9. W^hen the city was en- larged, the potnxriinn alfo was extended ; {hi confccrutifmcs proferehanUn-^ Liv. ibid.) Thefe ceremonies ufcd in biiilding cities are faid to have been borrowed from the Hetrurians, ibid. It was unlawful to plant a new colony where one had been planted before, Cic. Phil. ii. 40. but fupplies might be lent. The colonies folemnly kept the aniverfary of their firfl fet- tlement, {diem natalein coloiiice religiofe cohhant^ Cic. ad Attic. iv. I. Sext. 63. Some colonies confifted of Roman citizens only, fotr.e of Latins, and others of Italians, Liv. xxxix. 55;. Hence their tights were different. Some think that the Roman colonies enjoyed all the rights of citizens, as they are often called Roman citizens, and were once enrolled in the cenfor's books at Rome^ Id. xxix. 37. But mo ft are of opinioUj that the colonies had not the right of voting, nor of bearing offices at P^ome, from Dio^ xliii. 39, Sc jc. The i-ights of Latin colonies were more limit- ed ; fo that Roman citizens who gave their names to a Latin colony, fuffeved a diminution of rank^ Cic pro Ctecin. 7,'^. pro Domo, 30. The Italian colonies were in a flill worfe condi- tion. The difference eoniiiled chiefly in their different immu- nity from taxes i Sulla, to reward his veterans, firfl introduced the*^^,iflom of fettling MILITARY COLONIES, which was iiJ^^ed by Julius Ccefar, Auguflus, and others. To thofe eoloH|es w hole legions were fent with their officers, their tribunes, and centurions j but this cuflom afterwards fell into dilufe^ K "Tcuit, 74 ROMAN ANTIQ^UITIES. Tacit, ylnnal. xiv. 72. For the fake of diflin£lion the o- ther colonies were called CIVILES, PLEBEI.^, or TO- GATiE, becaufe thej confifted of citizens, or as they were afterwards named, PAGANI or Privati, who were oppofed to foldiers. See p. 65. The colonies differed from the free towns in this, that they ufed the laws prefcribed them by the Romans, but tliey had almoll the fame kind of magiftrates. Their two cliief magi- ftrates were called DUUMVIRI, and their fenators DECU- RIONES ; becaufe, as fome fay, \^hen the colony was fir ft planted, every tenth man was made a fenator. The fortune requifite to be chofen a Decurioy under th,e emperors, was a hundred thoufandyr/^^r^zV, Plin. Ep. i. 19. The fenate, or general council of Grecian cities, under tlie Roman empire, was caUed BULE, {^^ovm, conjilium,^ Plin. Ep. X. 85. its members, BULEUT^^, ib. 115. the place where it met at Syracufe, Buleuterium, Cic. Verr. ii. 21. an af- fembly of the people, ECCLESJA, Plin. Ep. x. 3. In fome cities, thofe who were chofen"into the fenate by their cenfors, paid a certain fum for their admiffion, (Jjonorarium demriona- tus,y lb. 114. and that even although chofen contrary to their own inclinations, ibid. In Bithynia, they were fubje6led to re- gulations with refpedl to the choice of fenators, fimilar to thofe at Rome, ib. 83. 115. An a£l paffed by the fenate or people, was called Psepiiisma, Id. x. 52, 53. It was there cuftoma- ry, upon a perfon's taking the manly robe, folemnizing his marriage, entering upon the office of a magiftrate, or dedi- cating any public work, to invite the whole fenate, together with a conliderable part of the commonalty, to the number of a thoufand or more, and to diftribute to each of the company a dole (fportula) of one or tvro denarii. This, as having the appearance of an ambitious iargefs {diamonc') was difapprov- ed of by Trajan, Plin. Ep. x. 117, 118. Each colony had commonly a patron, who took care of their interefts at Rome, Dionyf. ii. 1 1 . PR-(^FECTUR^^, were towns to which praefecls were animally fent from Rome to adminifter juftice, chofen partly by the people, and partly by the prajtor, Fejlus. Towns were reduced to this form, which had been ungrateful to the Ro- mans ; as Cnlatia, Liv. i. 38. Dionyf. iii. 50. Capua, Liv. xxvi. 16. and others. They neither enjoyed the rights of free towns nor of colonic?, and ditfered little from the form of provinces. Their private right depended on the F OREIGNERS. 1: the edicls of their prsefedls, and their public right on the Roman fcnate, who impofed on them taxes and fervicc in war at pleafure. Some PrcvfeBur.e however poffefled greater pri- vileges than others. Places in the country or towns where markets were held, and juftice adminillered, were called FORA ; as Forum AuRELiUM, Cic. Cat. i. 9. Forum Appii, Cic. Att. ii. lo. Forum Cornelii, yulii, Livii, &c. Places where alTemblies were held, and juftice adminifter- ed, were called CONCILIAEULA, Liv. xl. 37^. AH other cities which were neither Municipia, Colonice, nor FrcefeBuv'ithout their permilTion, Liv. xxvii. 5. but they might in their abfence, Id. xliii. 16. xlv. 21. t{]iQc{'^\y tho. prcetor urhaniis; and, as in the inflance lafi quoted, without the authority of the Senate. The confuls held the cornixia for creating the confuls, and alfo for creating the praetors ; (for the prcstors cculd not hold the comitia for creating their fuccelTors, Ctc. ad Att. ix. 9.) and for creating the cenfors, T.iv. vii. 22. Cic. Att. iv. 2. The confuls determined whether of them fliould hold thefe comitia^ either by lot or by agreement (^forte vel confeiifu; for^ iiehantur vel comparahant')^ Liv. pafTim. The comitia for creating the fail confuls were held by the praefed of the city, Spurius Lucretius, Liv. i. 60. wlx) wa^ alfo interrex, Dionyf. iv. 84. Wlien a rex facrorum was to be created, the comitia are thought to have been held by xhe.pontifex maximus. But this is not quite certain. The perfon preflding in the comitia had fo great influence, that ho is fometimes faid to have himfelf created the magi- ftrates who were elefted, Liv. i. 60. ii. 2. iii. 54. ix. 7. When, from contention betwixt the Patricians and Ple- beians, or betwixt the magiflrates, or from any other caufe, fhe comitia for eledlino; inag;illra£c3 could not be held in due L 2 time. 84 ROMAN ANTIQJJITIES. time, and not before the end of the year, the pa'tricians met and named (fiJiefiifragio populiai/fpicato prodebant) an interrex out of their own number, Cic.pro homo, 14. &: ^fcon. in Cic. who commanded only for five days ; Liv. ix. 34. and in the fame manner diflerent perfons w-ere always created every five days, till confuls were e^efted, ^\ ho entered immediately on their of- fice. The comitia were hardly ever held by the firft interrex : Sometimes by the fecond, Liv. ix. 7. x. 11. fometimes by the third. Id. v. 31 . and fometimes not till the eleventh, Id. vii. 21. In the abf'.^nce of the confuls, a diftator was fometimes created to hold the cornitia, Id. vii 22. viii. 23. ix. 7. xxv. 2. The Comitia Centvriuta were always held without the city, ufually in the Cair.pus Ivlartius; becaufe anciently the people went armed in martial order (fuhjignis) to hold thefe altem- blies ; and it was unlawful for an army to be marfhalled in the city, Liv. xxxix. 15. Cell. xv. 27. But in later tim.es a body cf foldiers only kept guard on the Janiculum, where an impe- rial flandard was eredled, (vexillum pofdum erat^ the taking down cf w^hich denoted the conclufion of the comitia^ Dio, xxxvii. 27. & 28. The Cotnitia Centuriata were ufually afiembled by- an edicl. It behoved them to be fummoned (edici v. indici) at leaft fevecteen days before they were held, that the people might have time to weigh with themfelves what they fliould deter- mine at the comitia. This fpace of tim^e v as called TPvINUN- DINUM, or TRINUM NUNDINUM, i. e. tres nundin crcati, as having been irre- gularly 88 ROMAN ANTIQUITIES. gularly chofen\ even feveral months after they had entered upon it, Li'V. ibid. Cic. de Nat. Dear. ii. 4. When there was nothing wrong in the aufpiceg, the ma- giftrates were laid to be salvis auspiciis creati, Cic. Phil. ii- 33- When the conful afked the augur to attend him, (/« aufpi- cium adhihebat), he faid, Q^ Fabi, tf. mihi in auspicio esse vor.o. The augur replied, AuDivi, Cic. de Divin. ii. 3^. There were two kinds of aufpices whicli pertained to the Cor/ntia Centuriata. The one was, obferving the appearan- ces of the heavens, (^fervare de cceloy vel cceliwi), as, lightning, thunder, &.c. which was chiefly attended to. The other was the infpeftion of birds. Thofe birds which gave omens by flight, were called PR^PETES : by finging, OSCINES : hence the phrafe, /?^m;/j- occinuerit, Liv. vi. 41. x. 40. When, the omens were favourable, the birds were faid, addicere vel ADMiTTERE ; when unfavourable, abdicere, non addicere, vel REFRAGARI. Omens were alfo taken from the feeding of chickens. The perfon who kept them was called PULLARIUS. If they came too flowly out of the cage, (ex cavea), or would not feed, it was a bad omen, Liv. vi. 41. but if they fed greedily fo that fomething fell from their mouth, and llruck the ground^ ^ (terrcmi paviret, i. G.feriret)^ it was hence called TRIPUDI- UM SOLISTIMUM, (jjuafi terripavitim vel terripudium, Cic. div. ii. 34. Feilus in PULS.) Liv. x. 40. Plin. x. 21. f. 24. and was reckoned an excellent omen, (ai/fpiciiim egregium vci oJ)tif;ni/;i), ibid. When the augur declared that the aufpices were unexcep- tionable, (omni vitio curerc^., that is, that there was nothing to hinder the cotnitia from being held, he faid, Silentium esse viDETUR, Cic. de Div. ii. 34. but if not, he faid ALIO DIE, Cic. de Legg. ii. 12. on which account the comitia could not be held that day. Thus, Papirio legem ferenti trijle omen diem diffidit, i. e. Rem in diem pojicriim rejicere cocgit, Liv. ix. 38. This declaration of the augur was called NUNTIATIO, or obiiuntiatio. Herce Cicero fays of the augurs, Nos nun- TIATIONEM SOLUM HABEMUS ; AT CoNSULES ET RELIQUI MAGISTRATUS ETIAM SPECTIONEM, v. iiifpeBionem^ Phil. ii. 52. but the contrary feems to be alferted by Feilus ; {in voce SPECTIO), and commentators are not agreed how they fhould be reconciled. It is fuppcfed there fnould be a diiTerent reading in both paflagcs^ Vid. Ahram. in Cic. 13 Scaliger, in Fcji. Any The CoMiTiA Centuriata, l^c. 89 Any other magiflrate, of equal or greater authority than he who prelided, might likewile take the aufpices ; efpecial- \y if he wifhed to hinder an election, or prevent a law from being palfed. If fuch magidrate t])erefore declared, Se de coELO SERVASSE, thft he had heard thunder, or feen light- ning, he was faid OENUNTIARE, {cmgur aitgvri, conful confull ohnuntiavi/iif Cic.) which he did by faying;, ALIO DIE ; whereupon by the Lex lElia et Fufia, the ccmitia were broken off, {dirimehantur^^ and deferred to anothe^r day. Hence ohnuntiare conciiio aut comitiis, to prevent, to adjourn ; and this happened, even if he faid that he had feen what he did not fee, (^finnjpicla ementittts ejfet,') becaufe he was thought to have bouad the people by a religious obligation, which muft be expiated by their calamity or his own, Cic. Phil. ii. 33. rience in the edict wherebv the comitia were fummoned, this formula was commonly ufed, Ne QUIs minor magistratus DE COELO SERVASSE VELIT : v/hich prohibition Clodius, in his law againll Cicero, extended to all the magiftrates, Hio, xxxviii. 13. The comitia were alfo flopped, if any perfon, while they were holding, was feized with the falling licknefs or epilepfy, which was hence called MORBUS COMITI/VLIS ; or if' a tribune of the commons, interceded by the folemn word, VETO, Liis. vi. 35. or any magiflrate of equal authority with him x^ere to be crea- ted, vt^ere infcribed the names of the candidates, not the Vv'hole names, but only the initial letters, Cic. pro Lorn. 43. and they feem to have received as mar.y tablets as there were candidates, V\'e read of other tables being given in than Avere "The CoMiTiA Centuriata, 'iSc. 9^ were dlllributed, which mufl haxe been brought from home. Suet. Jul. 80. but as no regaixl waa paid to them, this feldoin happened. The fame thing took place, alfo under the Empe- rors, when the right of elefting magiilrates was transferred from the people to the fenate, Plin. Ep. iv. 25. If a law was to be palTed, or any tiling to be ordered, as iit a trial, or in declaring war, Sec. thej received two tablets, on the one were the letters U. R. i. e. UTI ROGAS, fc. volo \A juheo, I am for the law ; and on the other, A. for ANTI- QTJO, i. e. Antiqiia proho, riihll novi llatuivolo ; I like the old way, I am agaiail the law. Hence antiquare legem, to rejeft it. Of thefe tablets every one threw which he pleafed into a cheft Qin cljlani) at the entrance of the ovile, which was poin- ted out to them by the ROGATORES, who afked for thp ballots, andaicientl? foi the votes, v^'hen they were given in- vcivoce, Cic. de Divin. i. 17, ii. 35. Nat. D. ii. 4. The-:cer- tain perfons, called CUSTODES, who obferved that no fraud Ihould be committed in caili;\g lots and voting, (^in fortltione <^tf''Jf'a"as aftervvards exe- cuted by Agrippa, Jjio, liii. 23. Fli7i. xvi. 40. The fame formalities almolt were obferved in fummoning and holding the Comitia Trihuta as ia the other comitia, only it was not requiUte for them to have the authority of the fenate, or that the aufpices fliould be taken. But if there had been thunder or lightning, (Ji tonidffet aiit ftilgnraJJ^.t^, thev could not be held that day. For it was a conftant rule from the be- ginning of the republic, JovE fulgente, cum ropuLO agi NEFAS ESSE, Cic. in Vatin. 8. Co77iitiQrum foliim '•jitium ejiful- 7nen, Id. de Div.' ii. 18. The Comitia Tributa for elecling magillrates, after tlic year 598, were held about the end of July or the beginning of 7\.u- gult ; for elecling priefts, when there was a vacancv, and for laws and trials on all comitial days. Julius Csefar firll abridged the liberty of tlie comitia. He N 2 inared ICO ROMAN ANTIQ^UITIES. fliared the right of creating magiftrates with the people ; fo that, except the coir.petitors for the confulihip, whofe choice he folely determined himfelf, the people chofe one half, and he nominated {edehat) the other. This he did by billets dif- perfed through the feveral tribes to this efleft, C-esar Dicta- tor ILLI TRIBUI. COMMEKDO VOBIS ILLUM, ET ILI.UM, UT VESTRO SUFFRAGIO SUAM DIGNITATEM TENEANT, Suet. Ccvf. 41. Auguftus reltored this manner of eleclion after it had been dropped for fome time during the civil wars, which followed Ca-far's death, Suet. Aug. 40. Dio, liii. 21. Tiberius deprived the people altogether of the right of elec- tion, yuvetial. X. 77. and afiumingthe nomination of the con- fuls to himfelf, Ovid. Pont. iv. 9. 67. he pretended to refer the choice of the other magiftrates to the fenate, but in fa6l de- termined the whole according to his own pleafure. Tacit. Ann. 3.. 15. Hio. Caff. Iviii. 20. Caligula atten^pted to reftore the right of voting to the people, but without any permanent ef- f'eft. Suet. Calig. 16. The comitia, however, were ft ill for form's fake retained. And the magiftrates, whether nominat- ed by the fenate or the prince, appeared in the Campus Mar- tius, attended by their friends and connections, and were ap- pointed to their office by the people with the ulual folemnities, Flin. Faneg. 6-^. But the method of appointing magiftrates under the Enipe- rors, feems to be involved in uncertainty. Suet. Ccef, 40. 76. 80. Atig. 40. 56. Ner. 43. Vit. II. Vefp. 5. Dvm. 10. Tacit. Ann. i. 15. Hijl. i. 77. as indeed Tacitus himfelf acknow- ledges, particularly with refpecl to the confuls, Annal. i. 81. Sometimes, efpecially under good emperors, the fame free- dom of canvafling was allowed, and the fame arts praftifed to enfure fuccefs, as under the republic, Flin. Ep. vi. 6. 9. viii. 23. Trajan reftrained the infamous largeffes of candidates by a law againft bribery, {amhitiis legef) and by ordaining, that no one ihould be admitted to fue for an office, who had not a third part of his fortune inland, which greatly raifed the value of eftates in Italy, Id. vi. 19. When the right of creating magiftrates was transferred to the fenate, it at firft appointed them by open \'otes, (jipertis fuffragiis,') but the noife and diforder, which this fometimes occafioned, made the fenate, in the tim.e of Trajan, adopt the method of balloting, {adtacitajiiffragiade- currere,') Plin. Ep. iii. 20. which alfo was found to be attend» ed with inconveniencies, which Pliny fays, the Emperor alone coiUd Roman Magistrates, %^c, loi could remedy, Id. iv. 25. Auguflus followed the mode of Julius Caefar at the Comltia, Dio, liii. 21. although Maecenas, whofe covuifel he chiefly followed, advifed him to take this power altogether from the people, Dio, Hi- 30. As often as he attended at the eleftion of magiflrates, he went rovmd the tribes, with the candidates wliom he recommended, {cum fu- is candidatis), and folicited the votes of the people in the ufu- al manner. He himfelf gave his vote in his own tribe, as any •ther citizen, {ut unus epopulo)^ Suet. Aug. 56. ROMAN MAGISTRATES. Different forms of Government, and different Magi- flrates at dffcrent times. "n OME was at firft governed by kings ; but Tarquin, the ••-^ 7th king, being expelled for liis tyranny, A. U. 244, the legal government was aboliflied, and two fupreme raagi- llrates were annually created in place of a king, called CON- SULS, la dangerous conjunctures a DICTATOR was created with abfolute authority : and when there was a vacan- cy of magiflrates, an INTERREX was appointed to ele6t new ones. In the year of the city 301, Liv. iii. 33. or according to o- tliers, 302, in place of confuls, ten men (DECEJvIVIRI) were chofen to draw up a body of laws, {ad leges fcribendas). But their power lafted only two years ; and the coufular govern- ment was again reflored. As the confuls were at firft chofen only from the patrici- ans, and the plebeians wiflied to partake of that dignity ; af- ter great contefts it was at laft determined, A. U. 310, that in- ftead of confuls, fix fupreme magiflrates Ihould be annually created, three from the patricians, and three from the plebei- ans, who were called MILITARY TRIBUNES, {Trihuni viilitum confulari potejiate), Dionyf. xi. 60. There were not, kowever, always fix tribunes chofen j fometimes only three. 102 ROMAN ANTIQUITIES. .Li"j. iv. 6. 16. 25. and 42. fometiincs four, zl/. 31, 35, &. 44. and fometimes even eight, Id. v. 1. Nor was one half alwaj^s chofen from the patricians and another half from the plebei- ans. Thej were, on the contrarj, ufually all patricians, Id. iv. 25, 44, 56. &.C. feldom the contrary, Ziv. v. 12, 13, 18. vi. 30. For upwards of feventy years, fcirietimes confuls were created, and fometimes military tribunes, as the influence of the patricians or plebeians was fuperior, or the public exigen- cies required ; till at laft the plebeians prevailed, A. U. 387, that one of the confuls fhould be chofen from their order, and afterwards that both confuls might be plebeians ; which how- ever was rarely the cafe, but the contrar}?-. From this time the fupreme power remained in the hands of the confuls till the u- furpation of Sylla, A. U. 672, who having vanquifhed the party of Marius, affumed to himfelf abfolute authority, under the title of DiHator, an office which had been difufed above 120 years. But Sylla having voluntarily refigned his power in lefs than three years, the confular authority was again re- llored, and continued till Julius Caelar, having defeated Pom- pey at the battle of Pharfalia, and having fubdued the reft of his opponents, in imitation of Sylla, caufed himfelf to be cre- ated perpetual diftator, and oppreffed the liberty of his coun- try, A. U. 706. After this the confular authority was never again completely reftored. It was indeed attempted, after the mxirder of Cssfar in the fenate-houfe on the ides of March, A. U. 710, by Brutus and CalTius and the other confpirators ; but M. Antonius, who delired to itile in Caefar's room, pre- vented ft. And Hirtius and Panfa, the confuls of the follow- ing year, being flain at Mutina, Oclavius, who was afterwards called Auguftus, Antony, and Lepiuus, Ihared between them the provinces of the republic, and exercifed. abfolute power, under the title of TRIUMVIRI reipnblicie conjiit vendee. The combination between Pompey, Caefar, and CrafTus, commonly called the fi)jl triumvirate, Avliich was formed by the contrivance of Cafar, in the confiililiip of Rletdlus and A- ftanius, A- U. 693, Veil. Pat. ii. 44. Horat. Od.'n. i.isjuft- ly reckoned the original caufe of this revolution, andofallthf calamities attending it. For the Romans by fubmitting to their ufnrped authority, fhewed that they were prepared for fervitude. It is the ipirit of a nation alone which can pre- ferve liberty. Wlicn that is funk by general corruption of morals, laws are bat feeble reftraints againft the encroach- ments of power. Julius Caefar would never have attempted what Roman Magistrates, i^c. lo^ v.hat he effefted, if he had not perceived the charadler of the Roman people to be favourable to his defigns. After the overthrow of Brutus and Cailiiis at the battle of Philippi, A. U. 712, Augultus on a {light pretext deprived Lepidus of his command, and having vauquifaed Antony in a fea-fight at Actium, became fole mailer of the Roman em- pire, A. U. 723, and ruled it for many years, under the title of PRINCE or EMPEROR, {Princsps, vel Imperator). The liberty of Rome was now entirely extinguifhed ; and although Auguftus endeavoured to eflablifli a civil monarchy, the go- vernment perpetually tended to a military defpotifm, equally fatal to the characters and happinefs 01 prince and people. In the beginning of the republic, the confuls feem to have been the only ftated magiilrates ; but as they, being engaged almofl in continual u'^ars, could not properly attend to civil af- fairs, various other magiltrates v/ere appointed at dilFerent times, prKtors, cenfors, aediles, tribunes of the commons, Stc. Under the emperors various new magiftrates were in- ftituted. Of MA GISTRATES in General. \ Magiilrate is a perfon invefted with public authority. "^^ (Magijiratus &Q., c^xprajit, Cic. de Legg. iii. 1. Dici- tur magijiratus a Tnagijlro. Magiji^r autem eft, qui plus aliis pot e ft, Feftus.) The OiEee of a magiftrate in the Roman republic was difTe- reat from v/hat it is among us. The Romans had not the lame difcrimination betwixt public employments that we have. The fame perfon might regulate the police of the city, and di- reifl the affairs of the empire, propofe laws, and execute them, a£t as a judge or a prieft, and command an army, Liv. x. 29. et alibi pafjlm. The civil authority of a magiftrate was cal- led magijiratus or potejlas, his judicative power juriJdiEiio^ and his military command imperium. Anciently all magi- ft rates who had the command of an army were called PR/£- TORES ; {"jel quod cceteros prceirenty vel quod aliis p-raejferitf Afcon. in CIc.) MAGISTRATUS either fignifies a magiftrate : as, Ma- gi fir at u^ 104 ROMAN ANTIQUITIES. giffrattis jujfit : or a ma^iftracy ; as, Titio magijlratus datus eji^ Feflus. So POTESTAS ; as Hqbei-e poteJlate?n,gererepo- tefiates, cjfe in v. cum potejlate, to bear an office ; Gcibiorum ejje potejlns, to be a magiftrate of Gabii, Juvenal, x. 99. /w- rifdiffiomm tantiun in urhe delegari ?nagijiratibus folitam, etiam per provinciasy Potestatibus demandamt. Suet. Claud. 24. Magistratus was properly a civil magillrate or magiftracy in the city ; and Potestas in the provinces : (^Magijlratus ^ vel lis, qui in fyotejlate aliqua Jit, ut puta proconful, vcl prie- tor, vel alii, qui provincias regnnt, Ulpian. But this diltinc- tion is not always obferved, Sallnji. Jug. 6^. When amagiftrate v.-as invefted with military command bj the people, for the people only could do it, he was faid eJJe in V. cu?n imperio, injijlo v.Jumtyio imperio. {Cum imperio ejfe di'- citur, cui nominatim ejl a populo mandatum imperium, Fellus.) Thvxs, Abjlinentia?n neque in imperiis, neque in magijlratihus prce- Jtitit, i. e. neque CU771 exercitvi prceejfet %3 jus belli gerendihahe- ret, neque cum munera civilia in urbe gereret, Suet. Ca;f. 54. Nemine cum imperio (military command) aut magijlratu (civil authority}, tendevte quoquam, quin Rhodum divert eret. Id. Tib. 12. So magijlratus \3 imperia capere, to erjoy offices civil and military, Id. Ccef. 75. But we find EJfe in imperio, fimply for EJJe conjulem, Liv. iv. 7. and all thofe magiilrates were faid Habere imperium, who held great authority and power,''(§'w/ff coercere aliquem pojfcnt, et jubere in carcerem duci, Paull. 1. 2. ff. de in jus vocando), as the die ators, confuls, and praetors. Hence they were faid to do any thing /)ro itnperio, Liv. ii. ^6, to which Terence alludes, Phor?n. i. 4. 19. whereas the in- ferior magiilrates, the tribunes of the commons, the sediles, and quseftors, were faid ejjejne itnpcrio, and to aft orAj pro po- tejlate, Liv. ii. 56. iv. 26. Sometimes potejlas and imperiiwi are joined ; thus, "Togatus in republica cum potejlate imperio-- que verjatus ijlj Cic. Phil. i. 7. Bivifwn of MAGISTRATES. npHE Roman magijlrates were varioufly divided ; into or- '* dinary and extraordinary, greater and lefs, curule and not curule ; ^o patrician and plebeian, city and provincial ma- gi/irates. 3 The Dr'ision o/"IMagistrates. X05 The IVTAGISTRATUS ORDTNARII were tliofe who -were created at dated times, and were conllantlj in the repub- lic ; the EXTRAORDINARII not fo. The MAGISTRATUS MAJORES were thofe who had what were called the greater aufpices, {jiucc rrTinoribus ?nagis ra- ta ejfent, Gell. xiii. 15.) The magijiratus majores ordinarii were the confuls, prjetors, and cenfors, who were created at the Comitia Centuriata: The ^.v^z-rtor^mrt/^V were the di£lator, the mafler of the hoile, {magijler equ'ituni), the interrex, the prefeft of the city, &.c. The MAGISTRATUS MlfTORES ORDINARII were the tribunes of the commons, the aediles, and qiiaeftors : EX- TRAORDINARII, t\iQ pi-cvfcBus annon.r, duumviri navales^ Sec. The MAGISTRATUS CURULES were thofe who had the right of uling the yf//^^. 1 he confuls, when appointed by the emperor, Plin. Ep.ix. 13. did not ufe any canvaffing, but went through almoft the fame formalities in other refpedVs as under the republic, Plin, Pan. 6^, 64, 65, 69, 77, 92. In the firil meeting of the fe- nate after their eleft ion, they returned thanks to the emperor in a fet fpeech, Plin. Ep. iii. 13, 18. Paneg. 2, 90, 91, 93. when it was cuftomary to expatiate on his virtues ; which was called, HoNORE, "uel in honorem principis censere. Id. Pan. 54. becaufe they delivered this fpeech, ^vhen they were firft afked their opinion as confuls elect. (^Seep. 12.^ Plin. Ep. vi. 27.) Pliny afterwards enlarged on the general heads, which lie ufed on that occafion, and publiflied them under the name of PANEG YRICUS (i. e. Acyo? 7r«cv)i7}yv»K, conventus^ Cic. Att. i. 14.) Nervce 'Tra~ Jano Augufto diBiis. Under the emperors there were perfons dignified merely with the title, without enjoying the office of confuls, (CON- SULES HONORARH) ; as, under the republic, perfons Avho liad never been confuls or praetors, on account of fome pub- lic fer^'ice, obtained the right of fitting and fpeaking in the fenate, in the place of thofe who had been confuls or prators, {loco confnlarixtl prcetorio, Cic. Phil. i. 6. v. 17. Liv. Epit. 118.) which was called auEloritas \€ifententia conjularis aut pristo7-ia, Cic. in^Vatin. 7. in Balb. 25. So AlleBus inter prj:torios, Plin. Ep. i. 14. Pallanti Jenatus ovTMrnenta prato- via decre'-jitf Id. vii. 29. viii. 6. Thofe P R iE T O R S. 119 Thofe who had been confuls were called CONSULARES, Cic. Fam. xii. 4. &.c. as thofe who had been praetors, were called PRitTORII; cediles, .^DILITII } quaeftors, QU^- STORII. Under Juftinian confuls ceafed to be created, and the year, of confequence, to be diftinguifhed by their name, A. U. 1293. But the emperors ftill continued to affume that office the firft year of their fovereignty. Conflantine created two confuls annually ; whofe office it was to exercife fupreme jurifdiftion, the oue at Rome, and the other at Conftantino- ple. II. P R ^ T O U S. I. Injiitution and power of the PRjfETOR. T^HE name of PR^TOR {is qui prait jure et exercitu^ Var- ro, ffT^xTAyoi), was antiently common to all the magi- ftrates, ZZ-y. iii. 55. Afcon.inCic. Thus the dictator is called Pr^tor maximus, Liv. vii. :^. But when the confuls, being engaged in almoft continual wars, could not attend to the ad- miniflration of juftice, a magifti-ate was created for that pur- pofe, A. U- 389, to whom the nam_e of PRAETOR was thenceforth appropriated. He was at firil created only from among the patricians, as a kind of compenfation for the con- fullhip being communicated to the plebeians ; but afterwards, A. U. 418, alfo from the plebeians, Z/z'. viii. 15. The prae- tor was next in dignity to the confuls, and was created at the Comitia Centuriata with the fame aufpices as the confuls, whence he was called their colleague, Liv. vii. i. viii. 32. Gell. xiii. 14. Plin. Pan. 77. The firft prsetor was Sp. Furius Ca- millus, fon to the great M. Furius Camillus, who died the year that his fon was praetor, Liv. vii. i. When one praetor was not fufficient, on account of the num- ber of foreigners who flocked to Rome, another prtetor was added, A. U. 510, to adminifter juftice to them, or between > citizens and them, {qui inter aves Romano s et peregrinos jus di- ceret. 120 ROMAN ANTIQ^UITIES. ceret, Liv. Epit. xix — xxii.3<:. hence called PR i^ TOR PE- REGRINUS. The two praetors, after their eleclion, determined by call- ing lots, \vh.ich of the two jurifdi(3:ions each fhould exer- cife. The praetor who adminiflered juftice only between citizens was caUed PR^TOR URBANUS, and was more honour- able ; whence he was called Pr^tor konoratus, Qmd. Faji. i. 52. Major, Fejlus in voce Major Consul ; and the law derived from him and his edifts is called JUS HONORARI- UM. In the abfence of the confuls he fupplied their place, {niunu!! confulare fujiinehat), Cic. Fam. 10, 12. He prefided in the affemblies of the people, and might convene the fenate ; but only when fomething new happened, Cic, Fam. xii. 28. He likewife exhibited certain public games, as, the Ludi Apollinu- res, Liv. xxvii. 23. the Circenfian and Megalenlian games, y«- vefial. xi. 192. and therefore had a particular jurifdiftion over players, and fuch people ; at leaft under the emperors, 'Tacit. Ann. i. 77. When there was no cenfor, he took care, accord- ing to a decree of the fenate, that the public buildings were kept in proper repair, Qfartateciaexigebat^, Cic. inVerr. i. 50. On account of thefe important offices he was not allow- ed to be abfent from the city above ten days, Cic. Phil. ii. 13. The power of the praetor in the adminillration of juflice was expreflbd in thefe three words, DO, DICO, ADDICO. Prcetor DABAT aclionem etjudices; the prastor gave the form of a writ for trying and redreffing a particular wrong complain- ed of, and appointed judges or a jury to judge in the caufe ; DiCEBAxyaj, pronounced fentence ; addicebat ^0/7.'z veU^/Tz- nuy adjudged the goods of the debtor to the creditor, &:c. The days on which the praetor adminiflered jullice were called DIES FASTI, ("« fando, qnod iis dicbus hac tria verba fari licebat^. Thofe days on which it was unlawful to admini- ller jullice, were cdled NEFASTI. lUe nefastus crit, per quern TRIA XEKT^Ajtlentur: Fastus erit, per quern lege lie chit a gi. Ovid. Fall. i. 47. 1. EDICTS Pr^TORS, 121 EDICTS of the PR^TOR. The Pi\ttor Urbanus when lie entered on his office, after Slaving fworn to the obfervance of the laws, published an e- dift (EDICTUM), or fyllem of rules {Forn-rulct), according to which he was to adminiiler juftice for that year ; whence it is called by Cicero, LEX ANNUA, Cic. in Verr. \. 42. Hav- ing fummoned an aflembly of the people, he publicly declared (EDICEBAT) from the Roftra, (^cum in concioncm adfcendif- fet), what method he was to obferve, (^qucv ohfervaturus ef-~ fet\ in adminiflering juftice, Cic. de Fin. ii. 22. This edi(Sl:, he ordered not only to be i-ecited by a herald, Plaut. i?! prolog, Pafiulij II. but alfo to be publicly pafted up in writing, {^Scriptum in ALBO, (i. e. in tabula dealbata, vel, ixt alii di- cunt, albis Uteris tiotatd\ publice proponi, unde de PLANO, (i. e. de humo), recie legi pojjct i) in large letters, (^Uteris inajiifculis^. Suet. Calig. 41. Thefe words ufed commonly to be prefixed to the edift, BONUM FACTUM, Suet. Jul. 80. Vitell.x^. Plaut. ibid. Thofe edifts which the prastor copied from the cdifts of his predecefTors, were called TRALATITIA ; thofe Vv-hich he framed himfelf, were called NOVA ; and fo any claufe or part of an edift, CAPUT TRALATITIUM vel NOVUM, Cic. in Verr. i. 45. But as the preetor often, in the courfe of the year, altered his edicts through favour or enmity, Cic. in Verr. i. 41. 46. this was forbidden, firft by a decree of the fenate, A. U. 585. and afterwards, A. U. 686 by a law which C. Cornelius got paffed to the great offence of the nobility, Ut pRJETORES EX EDICTIS SUIS PERPETUIS JUS DICERENT, i. e. That the praetors, in adminiftering juftice, fliould not deviate from the form which they prefcribed to themfelves in the beginning of their office, Afcon. in Orat. Cic. pro Corn. — Dio Caff. _:^6. c. 22. y 23. From this time the law of the praetors, (Jus PRALTORIUM) became more fixed, and law- yers began to ftudy their edifts wdth particular attention, Cic. de legg. i. 5. fome alfo to comment on them, Gell. xiii. 10. By order of the Emperor Hadrian, the various cdifts of the praetors were colleded into one, ajid properly arranged by the lawyer Salvius Julian, the great grandfather of the Emperor Didius Julian 5 which was thereafter called EDICTUM 3 Q^ PERPETUUM, 122 ROMAr>J ANTIQJJITIES. PERPETUUM, or JUS HONORARIUM, and no doubt was of the greatefl fervice in forming that famous code of the Roman laws called the CORPUS JURIS, compiled by order of the Emperor Juftinian. Befides the general edict which the praetor publifhed when he entered on his office, he frequently publilhed particular e- didls as occaiion required, (Edicta peculiaria et repen- TINa"^, Cic. in Vi=rr. iii. 14. An edid publifhed at Rome was called EDICTUM UR- BANUM, ihid. 43. in the provinces, PKOVIN ClALE, z3/V/, 46. Sicilienfe, 45. &:c. Some think that the Pr^tor Urbanus onlj publiflicd an an- nual edi ' , and that the Prcetor Feregrinus adminiilered juf- tice, either according to it, or accordu^g to the law of nature and nations. But we read alfo of the edid: of the Praetor Pere- grinus, Cic. Fam. xiii. 59. And it appears that in certain cafes he might even be appealed to for relief againll the de- crees of the Pro-tor UrhanuSy Cic. Verr. i. 46. Afcon. ia Cic. Csf. de Bell, Civ. iii. 20. Dio xlii. 22. The other majriftrates publilhed edicis as well as the prae- tor ; the kings, liv, i. 32. %£ 44. the confuls, Liv. ii. 24. viii. 6. the dictator, ZzV. ii. 3c. viii. 34. the cenfor, Liv. xliii. 14. Nep. in Cat. i. Gell. xv. 11. the curule aediles, Cic. Phil. ix. 7. Plant. Captiv. iv. 2. 43. the tribunes of the commons, Cic, zn Verr. ii. 41. the quaeftors, ihid. iii. 7. So the provincial magiitrates, Cic. Epijl. pajjim. and under the emperors, the praefe^t of the city, of the prattorian cohorts, &c. So like- wile the priefts, as the pontijices and decenivirifacrorum, Liv. xl. 37. the augurs, Valer. Max. viii. 2, i. and in particular, the pontifex maximus. Tacit. Hift. ii. 91. Gcll. ii. 28. All thefe were called HON OR ATI, Liv. xxv. 5. Ovid. Pont. iv. 5. 2. or Honore honejlati, Sail. Cat. 35. honoribus honor ati,\t\- lei. ii. 124. honore vel honoribus vjt, Flor. i. 13. Cic. Flacc. 19. and therefore the law which was derived from their e- dicls was alfo called JUS HONORARIUM. But of all thefe, the edicis of the praetor were the moll important. ITie orders and decrees of the emperors were fometimes al- fo called edi^a, but uiuallj refcripta. See p. 25. The magiftrates in compofing their edicts took the advice of the chief men of the Hate ; thus. Confides ciim viros prima- rios atque amplijjimos civitatis multos in confilium advocojjentj de conjilii fententia pronuncidrunt , \3c. Cic. Verr. iii. 7. and fometimes of one another j thuSj Cittncolkgium prcetoriumtri- huni PR^TORS. 123 hum i>Ieh. adhibuljfent ^ ut res nummarla de communi fententia conjlitueretur ; co?ifcripferunt communiter ediBum, Cic. Off. iii. 20. Marius quod communiur compojitum fucrat, folus e- dixit, ibid. The fummoning of any one to appear in courts was like- wife called EdiEium. If a perfon did not obey the firll fum- mons, it was repeated a fecond and third time ; and then what was called a peremptory fummons was given, (EDIC- TUM PEREMPTORIUM dahatiir, quod difceptationem pe- rimeret, i. e. ultra tergiverfari nan pateretur, which admitted of no farther delay ;) and if any one neglefted it, he was cal- led contiimacio7is, and loft his caufe. Sometimes a fummons of this kind was given all at once, and was called Unum pro OMNIBUS, or, UNUM PRO TRIBUS. We read of tlie fenators be- ing fummoned to Rome from all Italy by an edidt of the prae- tor, Liv. xliii. 11. Ceitain decrees of the praetor were called INTERDICTA; as, about acquiring, retaining, or recovering the pofleffion of a ,thing, Cic. Ccecin. 3. 14. 31. Or at. i. 10. to which Cicero al- ludes, Urbanitatis pojfcjjionein quibufvis INTERDICTIS defenda-^ mus, Fam. vii. 32. alfo about reftoring, exhibiting, or prohi- biting a thing ; whence Horace, Sat.'ii. 2' 217. Interdic- TO huic (fc. infano) omne adimat jui prcstor, i. e. bonis inter- dicat, the praetor would take from him the management of his fortune, and appoint him a curator, Id. Epiji. i. i. 102. ac- cording to a law of the TweU^e Tables, (^quce furiojls et mah rem gerentibus bonis iHTERDlCij'ubebat^, Cic. de Senecl. 7. 3. The IN3IGNIA 0/ the PRiETOR, The praetor was attended by two li(?^ors, in the city, who went before him with the fafces^ Plaut. Epid. i. i, 26. and by fix liclors without the city. He wore the toga prcEtexta^ which he afTumed, as the confuls did, on the firft day of his office, after having offered up vows, (yofis nu?icupatis') in the capitol. When the praetor heard caufes, he fat in the Forum or Co- ?nitium, on a TRIBUNAL, (in, or oftener pro tribunali^, which was a kind of ilage or fcafFold, (^fuggejium, v. -wj), in which was placed the Sella Curulis of the prastcr, Cic. Verr. iii. 38. Mart. xi. 99. and a fword and a fpear (GLADIUS et HASTA) were fet upright before him. The 'Tribunal was O 2 raade 124 ROMAN ANTIQUITIES. made of wood, and moveable, Cic. in Vat. 14. Suet. Caf. 84. fo large as to contain the ASSESSORES, or counfel of the prae- tor, Cic. de Orat. i. 37. and others, Brut. 84. in the form oi-:. I'quare, as appears from ancient coins. But \vhen fpacious halh were erected round the Forum, for the admin iftration of juf- tice, called BASILICA, or Regiceic. cedes ve\ porticus. Suet. Aug. 31. Calig. 37. Stat. Silv. i. I. 29. (Bua-iXiK^ii iodi) Zo- f:m. V. 3. Jofeph. A. xvii. 11. from their largenefs and mag- niiicence, the 'Tribunal in them feems to have been of ftone, and in the form of a femicircle, Vitruv. v. i. the two ends of which were called Cornua, Tacit Annal. i. 7 J. or Partes Frinioresy Suet. Tib. ■^2>- The firil Bafdica at Rome appears to have been built by M Porcius Cato, the cenfor, A. U, ^66. hence called Porcia, Liv. xxxix. 44. The JUDICES or jury appointed by the Prator, fat on lower feats, called SUBSELLIA, Cic. Rofc. Am. 11. as alfo did the advocates, Id. de Orat. i. 62. the witneffes. Id. Place. 10. and hearers, Bnit. 84. Suet. Aug. 56. Whence Subfellia is put for the acl of judging, Suet Ker. 17. or of pleading, Cic. de Orat. i. 8. ii. ^^. thus, Verjatus in utrijque fuhfelliif cum fu77nna fama et fide ; i. e. judicem et patronum egit, Cic. Pam. xiii. 10. Afuhfelliis AJlienus, &c. i. e. cau/idicus, a pleader, in Ccecil. 15. For fuch were faid habitare in Juhjel.' His, Orat. i. 62. A fubfeUiis in otium fe conferre, to retire from pleading. Id. Orat. ii. 33. The inferior magiftrates, when they fat in judgement, (^ju- dlcia cxerceha?it'), did not ufe a Ti'ibunal, but oiAy fubfellia ; as, the tribunes, plebeian tediles, and quaeilors, &.c. A/con. in Cic. Suet. Claud. 23. The bepches on which the fenator^i fat in the fenate-houfe were likewife called fubfellia, Cic. in Cat. i. 7. Hence, Lon- ^i fubfellii ju-dicati-o, the flownefs of the fenate in decreeing, Cic. Fain. iii. 9. And fo alfo the feats in the theatres, circus, &;c. thns, fenatoriafubf cilia, Cic. pro Com. i, Bisfcpicnajuh- fellia, the feats of the Equites, Mart. v. 28. 'In matters of lefs importance the prsetor judged and palTed fentence without form, at any time or in any place, whether fitting or walking ; and then he was faid COGNOSCERE, interloqui, difcuterc, E vel DE PLANO ; or, as Cicero ex-» prefTes it, ex ccqno loco, Fam. iii. 8. Caecin. 17. de Orat. 6. iion pro, vel e tribunali, aut ex fupcriore loco ; which expref- fions are oppofed : So Suet. Tib. 33. But about all impor- ;ant affair^ he judged in form on his tribunal. The P R .^ T R S. 125 The ufual attendants (MINISTRI vcl apparitores) of the pvKtor, befides the liciors, were the SCRIBiE, who record- ed his proceedings, (^?// aBa in tahulas referrent), Cic. Verr. iii. 78. &. 79. and the ACCENSI, who lummoned perlons, and proclaimed aloud when it was the third hour, or 9 o* clock before noon \ when it was mid-day, and when it was the ninth hour, or 3 o'clock afternoon, Varr. de ling. Lat. V. 9. 4. 'The number o/TRiETORS at cVjfcrent times. While the Roman Empire was limited to Italj, tliere v/ere only two praetors. When Sicily and Sardinia were re- duced to the form of a province, A. U. 526. two other prae- tors were added to govern them, Liv. Kpit. 20. and two more when Hither and Farther Spain were fubdued, Id. xxxii. 27. &: 28. In the year 571, only four prcetors w^ere created by the Basbian law, which ordained, that fix prpetors and four Ihould be created alternately, Liv. xl. 44. but this regulation feems not to have been long obferved. Of thefe fix praetors two only remained in the city ; the o- ther four, immediately after having entered on their office, fet out for their provinces. The praetors determined their pro- vinces, as the confuls, by calling lots, or hy agreement, Liv. pqfim. Sometimes one prsetor adminillered jufi:ice both between citizens and foreigners, Liv. xxv. 3. xxvii. 38. xxxi. i. xxxv. 41. and in dangerous conjundures, none of the piasters were exempted from military fei-\ace. Id. xxiii. 32. The prajtor Urhanus and Peregrinus adminillered juilice on- ly in private or leffer caufes ; but in public and important cau- fes, the people either judged themfelves, or appointed perfons, one or more, to prefide at the trial, (^qui quiejlioni prceejfent^ Cic. pro Cluent. 29. qiicererent, qucejliones public as \Q\judicia exer Cerent, Liv. iv. 51. xxxviii. ^^z^. Sallull. Jug. 40.) who were called QU/ESITORES, or ^U'.ejlores parricidii, whofe authority lafled only till the trial w^as over. Sometimes a dic- tator was created for holding trials, Liv. ix. 26. But A. U. 604, it was determined, that the Frcetor Urbaniis and Fere- grinus fliould continue to exercife their ufual jurifdictions ; and that the four other prcetors fhould during their m.agiflracy al- fo remain in the city, and prefide at public trials : one, at trials concerning \ 125 ROMAN ANTIQUITIES. concerniRg extortion, {de repetundis) ; another, concerning bribery, (^de ambitu) ; a third, concerning crimes committed againft the ilate, {(le majejiate) ; ar.d a fourth, about defraud- ing the public treafur^ , (de peculatu). Thefe were called QUi^StlONES PERPETUiE, Cic' Brut. 26. becaufethey were annually affigned [manduhontur^ to particular prsetors, who always conducted them for the whole year, {qui perpetuo exeixerent), according to a certain form prelcrlbed by law ; fo that there was no need, as foiTnerly, of rr.akirg a new law, or of appointing extraordinary inquilitcrs to prefide at them, who fliould reiign their authority when the trial was ended. But ilill, when anj' thing unufual or atrocious happened, the peo- ple or fenate judged about the matter themfelves, or appoint- ed inquisitors to prefide at the trial ; and then they were faid extra ordinem qut^rere : as in the cafe of Clodius, for violating the facred rites of the Bona Dea, or Good Goddefs, Cic. Att. i. 13, 14, &: 16. and of Milo, for the murder of Clodius, Cic. pro Mil, &c. L. Sulla encreafed the number of the qvcejliones perpetuce, bj adding thofe de FALSO, vel de crimine fulji, concerning for- gers of wills or other writs, coiners or makers of bafe money, &c. de SIC ARIIS et VENEFICIS, about luch as killed a per- fon with weapons or poifon; et de PARRICIDIS : on which account he created two additional prretors, A. U. 672 ; fome fay four. Julius Ca^far encreafed the number of prKtors,firll to ten, A. U. 707, Z)/o, xlii. 51. then to fourteen, Id. xliii. 47. afterwards to lixteen, lb. 49. Tacit. Hiji. iii. 37. Under the triiim'uiri, there were 67 prjEtors in one year, Tiio, xlviii. 43, 53. Auguftus reduced the number to twelve, Dio fays ten, xliii. 32. but afterwards made them lixteen, Pompon, de orig. jur. ii. 28. According to Tacitus, there were no more than twelve at his death. Annul, i. 14. Under Tiberius, there were fcmetimes fifteen, and fometimes lixteen, Dio, l\iii. 20. Claudius added two prsctors for the cognifance of truds, (^qui de JidciccmmiJJis jus dicerent'). The number then was eigh- teen ; but afterwards it varied. Upon the decline of the empire, the principal funf'ions of the praetors were conferred on x)\t pr^fecfus pratorio, and other magiflrates inflituted by the emperors. The praetors of courfe funk in their importance ; under Valentinian their number was reduced to three ; and this magiftracy having become an empty name, (^inane nomen, Eceth. de confol. pliilof. iii. 4,) was at laft entirely fupprelTecl, as it is thought, under Juflinian. Censors. 127 III. CENSORS. TWO maglflrates were firft created, A. U. 312, for tak- ing an account of the number of the people, and the value of their fortunes, (cenfui agendo) ; whence thej were called CENSORES, Liv et Feji. (Censor, ad cujus cenfionem^ id ejly arhitrium, cenferetur populusy Varr. L. L. iv. 14.) As the confuls, being engaged in wars abroad, or commotions at home, had not leifure for that bullnefs, \non conjidibus opercg erat, fc. pretium, i. e. iis non vacabat id negatiiwi agere) ; the cenfus had been intermitted for 17 years, Liv. iii. 22 iv. 8. The cenfors at firft continued in office for five years. Ibid, But afterwards, left they Ihould abufe their authority, a law was paffed by Mamercus -^milius the di6lator, ordaining, that they ihould be elefted every five years ; but that their power ftould continue only a year and a half. (^Ex quinquen- nali annua ac feme/iris cenfura facia eji)j Liv. iv. 24. ix. ^7,. The cenfors had all the enfigns of the confuls, except the liclors. The cenfors were ufually chofen from the moft refpeftable perfons of confular dignity ; at firft only from among the pa- tricians, but afterwards likev^ife from the plebeians. The firft plebeian cenfor was C. Marcius Rutilus, A. U. 404, who al- fo had been the firft plebeian dictator, Liv. vii. 22. After- ! wards a law was made, that one of the cenfors fhould always be a plebeian. Sometimes both cenfors were plebeians, Liv. Epit. 50. and fometimes thofe were created cenfors, who had neither been confuls nor praetors, Liv. xxvii. 6. and 11. but not fo after the fecond Punic war. The laft cenfors, namely Paulus and Plancus, under Au- Iguftus, are fald to have been private perfons, (PRiVATI), Dto, liv. 2. not that they had never borne any public office before, but to diftinguilh them from the Emperor ; all befidcs him being called by that name. Veil. ii. 99. Suet. 'Tacit, ct Flin. pa (Jim. The power of the cenfors at firft was fmdl ; but afterwards it became very great. All the orders of the ftate were fubjeft |o them, {cenjoribus fuhje^if Liv. ir. 24.) Hence the cenfor- I- 128 ROMAN ANTIQJJITIES. fnip is called by Plutarch, the fammit of all preferments {omnium honorumapex, \e\.fajtigiuni^, in Cat. jMaj. and by Ci- cero, magijlra pudoris ct modejlice, in Pif. 4. The title of Cea- for was eileemed more honourable than that of Conful ; as nppears from ancient coins and ftatues : and it was reckoned the chief ornament of nobility, to be fjjrung from a cenforian familj, Valer. viii. 13. Tacit. Ann iii. 28. Hiji. iii. 9, The office of the cenfors was chiefly to ellimate the for- tunes, and to infpefr the morals cf the citizens, Cic. de leg. The cenfors performed the cciiju^ in the Campus Martins. Seated in their curule chairs, and attended by their clerks and other officers, they ordered the citizens, divided into their claf- fes and centuries, and alio into their tribes, Liv. xxix. 37. to be called {citari) before them by a herald, and to give an account of their fortunes, family, &g. according to the inftitution of Servius Tullius. {See p. 79.) At the fame time they reviewed the fenate and equeftrian order, fuppUed the vacant places in both, and infiicled varioiis marks of difgrace {notas inurehant'^ on thofe who deferved it. A fenator they excluded from the fenate-houfe, (fenatu movehant, vel ejiciehant^, (fee p. 6.) an e- ^z/f J they deprived of his public horfe, {equi:,m adimehant'), (fee p. 28.) and any other citizen they removed from a more ho- nourable to a lefs honourable tribe, {trihu f?iovehant^j; or depriv- ed him of all the privileges of a Roman citizen, except liber- ty, {crrariunifacichant, Liv. ^ui per hoc non ejjet in alba centu- ri:efuce,fedadhQC effet civis tantum., ut pro capite fuo trihuti no- mine ^Tzpenderef, Kicon in Cic.) or, as it is otherwife exprefl- ed, in tahulas Cceritum,\z\ inter Cdti'ites referehant, i. c.jurefiif- fragii privahant ; Gell. xvi. 13. Strah. v. p. 220. Hence Cccrite cerd digni, wortlilefs perfons, Horat. Ep.i. 6,6^. Butthislafl phrafe does not often occur. Cicero and Livy almofl always ufe £^rarium facere ; in vel inter ccrarios rcferre. This mark of dif- grace was alfo inflicted on a fenator or an eqvcs, and was then al- ways added to the m.ark of difgrace peculiar to their order ; thus, Cenfores Mamcrcu:'n, quifuerat di^iator, tribu mover unty oBuplicatoque cenfv,{x. e. having made the valuation of his eftate eight times more than it ought, that thus he might be obliged to pay eight times more tribute), cerarium J^cerunf, Liv. iv. 24. Omnes, quosfenaf-u movenmt, quihiffque equos ademerwrit, cern' i- oi facerunt, et trihurnoveri/nt, xlii. 10. The cenfors themfelvcs did not fometimes a^ree about their powers in this refpecl : Claudius negabat, Siifragii lutioncm injuJTii populicenforem cut-. Censors. 129 i^un?n hominiadimere po/fc. Nequeenimfltrihumovcrepq/fet^ quod- Jit nihil aliud quam mutarcjiihere trihum, ideo omnibus v. et xxx. tribuhus emovcre pojp: id e fly civitatem libertatemque eripere, non ubi cenfeatur f.nire, fed cenfu excludere. H^c inter ipfos difcep~ lata, 'kSc Lu^ xlv. 15. The cenfors could iuflift thefe marks of difgrace upon what evidence, and for what caufe they judged proper ; but, when thev expelled from the feuate, thej com uonly annexed a rea- fou to their cenfure, Liv. xxxix. 42. which was called SUB- SGRIPTIO CENSORIA, Cic. pro Clucnt. 43, &44. Some- times an appeal was made from their fentence to the people, Flutarch. in T. i^- Flamin. The cenfors not only could hinder one another from infli^l- ing any cenfure, {iit alter de feriatu moveri vcht, alter retineat; ut alter in derarios referri, aut tribu moverijuheat, alter vetet, Cic. ibid. 'Tres ejeEli de feiiatu; retinuit quofdam Lepidus a collega preeteritoxy Liv. xl. 51.) but they might even fligma- tife one another, Liv. xxix. 37. The citizens in the colonies and free towns were there inrol- led by their own cenfors, according to the form prcfcribcd by the Roman cenfors, {ex formula ah Romariis cenforibtis datd)y and an account of them was tranfmitted to Rome, Lii). xxix- 15. So that the fenate might fee at one view the wealth and condition of the v/hole empire, ibid. 37. When tlie cenfors took an eftimate of the fortunes of the citizens, they were faid, ccnfuni agere\'€ihabere; CENSEREylJO- pulicevitateSyfobolcSyfamiliaSypecuniafqiie, Cic. legg. iii. 3. Rc- fcrre in cenfum, Liv. xxxix. 44. Flor. i. 6. or, ccnfuiafcriherey Tacit. Annal. xiii. 51 . The citizens, when they gave in to the cenfors an eftimate of their fortunes, &c. were faid, Censeri modiim agriy mancipia, pecuniary &c. ic. fecu7idumwt\ quodad, Cic. Flacc. 32. f. 80. Frofiteri; in cenfum deferre vel dedicare. Id. Arch. 4. Senec. Ep. 95. annos defer-re vel cenferi; thus, CL. annos cenfiis eji Claudiidefaris cenfurd T! Fullonins Bono?iionfis; idque collatis cenjibus quos ante dctulerat, verum apparuit, Plin, vii. 49. f. 50. Sometimes alfo ccnfere; thus, Frcvdia ce7iferey to give in an eftimate of one's farms, Cic. Flacc. 32. Liv. xlv. 15. Pr.zdia cenfiii ccnfendoy iz. apta; i. e. /^//or;,';,-^ ccnfas cen- feri, pretinm cejlimari ordifiis et trihuti caiifi potejl ; farms, of which one is the juft proprietor, ibid. Hence cenferi, to be valued or efteemed, to be held in eftimation ; Cic. Arch. 6. Val. Max. V. 3. 3. Ovid. A:?i. ii. 15. 2. Senec. Ep. 76. Flin. Pan. 15. De quo cetiferis, amicus, from whom or on whofo R' account I30 ROMAN ANTIQ^UITIES. account you are valued, Ovid. Pont. ii. 5. ult. Privatus illis CENSUS erat brevis, their private fortune was fmall, Horat. Od. ii. 15. 13. exiguus, Ep. i. i. 43. tenuis, Id. 7. 76. Equef- tris, v.-tefy the fortune of an £^?/£'j-; CCCC. millianuT/imiimy 400,000 feflerces, Plin. Ep. i. 19. Senatorius, of a fenator, Suet. Vefp. 17. Homojine cetifu, Cic. Flacc. 52. Ex c&nfu tri- huta conferre, Id. Verr. ii. 63. Cultus major cenfu, Horat. Sat. ii. 3. 323. liat cenjus honores, Ovid. Amor. iii. 8. 56. Cenfus partus per mulnera, a fortune procured in war, ibid. 9. Demittere cenfum in vifcera, i. e. bona ohiigurire, to eat up. Id. Met. viii. 846. Romani cenfus populi, the treafury, Lucan. iii. 157. Breves extender e ceiifu:, to make a fmall fortune go far. Martial, xii. 6. Tlie cenfors divided the citizens into claffes and centuries, according to their fortunes. They added new tribes to the old, when it was necelTary, Liv. x. 9. Epit. 19. They let the public lands and taxes, (fee p. 64.) and the regulati- ons which they prefcribed to the farmers-general (manicipibus V. publicanis^ were called Leges vel Tabulx Cenforice, Cic. Verr. iii. 6. in Rull. i. 2. Polyb. vi. 15. The cenfors agreed with undertakers about building and re- pairing the public works, fucli as temples, porticos, £cc. (0- perapublica cedificanda ct rf;?«V«J<7REDEMPTORIBUS/offl- bant^; which they examined when finifned, (^probaverunt, i. e. re&s et ex ordifie fa£ia ejfe proriunciaverunt^; and caufed to be kept in good repair, (farta te^ia exigebant, fc. et.^ Liv. iv. 22. xl. 51. xlii. 3. xlv. 15. The expences allowed by the public for executing thefe works, were called Ultrotributa, Li'v. xxxix. 44. xliii. 16. Senec. Benef. iv. i. Hence Ultrotributa locare, to let them, or to promife a certain fum for executing them ; conducere, to undertake them, ibid. The cenfors had the charge of paving the llreets, and mak- ing the public roads, bridges, aqusedu6ls, £cc. Liv. ix. 29. &: 43. xli. 27. They likewife made contradls about furnilhing the public facrifices, Plutarch, in Cat. and horfes for the ufe of the curule magiftrates, Liv. xxiv. 1 8. Fejl. in voc. Equi Cu- RULE3 : alfo about feeding the geefe which were kept in the Capitol, in commemoration of their having preferved it, when the dogs had failed to give the alarm, Cic. pro Rcfc. Atn. 20. Plin. X. 22. f. 26. xxix. 4. f. 14. They took care that private perfons fliould not occupj^ w^hat belonged to the public, Liv. iv. 8. And if an)- one refufed to Censors. 131 to obey their fentence, they could fine him, and diflrain his effects till he made payment, Liv. xliii. 16. The impofing of taxes is often afcribed to the cenfors ; but this was done by a decree of the fenate and the order of the people ; without which the cenfors had not even the right of laying out the public money, nor of letting the public lands, Liv. xxvii. II. xl. 46. xli. 27. xliv. 16. Polyb. vi. 10. Hence the fenate fometimes cancelled their leafes, (Jocadones induce- hant), when they difapproved of them, Id. xxxix. 44. For the fenate had the chief dire£lion in all thefe matters, ihid. The cenfor had no right to propofe laws, or to lay any thing before the fenate or people, unlefs by means of the conful or praetor, or a tribune of the commons, Pl'in. Hiji. Nat. xxxv. 17. Liv. loc. cit. The power of the cenfors did not extend to public crimes, or to fuch things as came under the cognifance of the civil ma- giftrate, and were punifiiable by law ; but only to matters of a private nature, and of lefs importance : as, if one did not ciiltivate his ground properlv, Gell. iv. 12. if an eques did not take proper care of his horfe, whicli was called Incuria or Impolitia, ibid, if one lived too long unmarried, (the fine for which was called R.'^ uxorium, Fejlus); or contracted debt without caufe, &.c. Valer. Max. ii. 9.. and particularly, if any one had not behaved with fufficient bravery in war, Liv. xxiv. 18. or was of diflblute morals, Cit. Cluent. 47. above all, if a perfon had violated his oath, Liv. ibid, et Cic. Off", iii. 31. Gell. vii. 18. The accufed were ufually permitted to make their defence, {caufam dicere), Liv. loc. cit. The fentence of the cenfors, (ANIT^TADVERSIO CENSO- RIA \'t\judiciji7n cenforis), only affedled the rank and charac- ter of perfons. It was therefore properly called IGNOMI= NIA, (jquod\nnom.\nQta?itii7n, i.e. dagmt.3XQ.verfahatur), and in later times had no other effeft, than of putting a man to the blufli, {nihil fere damnato afferebat prccter ruboremy Cic.) It was not fixed and unalterable, as the decifion of a court of law, (non pro re judicata hahebatur^; but might be cither taken off by the next cenfors, or rendered ineffeftual by the verdift of a jury, or by the fuffrages of the Roman people. Thus we find C Gaeta, v/ho had been extruded the fenate by the cenfors, A. U. 639, the very next lujlrum himfelf made cenfor, Cic.pro Chient. i\i. Seep. 7. Sometimes the fenate added force to the feeble fentence of the cenfors. {inerti cenfo- R % ri^ 132 ROMAN ANTIQJJITIES. 7-ice notci)^ by their decree, which impofed an additional pu- nifhment, Liv. xxiv. 18. The office of cenfor was orce exercifed by a didator, Liv. xxiii. •22. and 23. After Sylla, the eleftion of cenfors was intermitted for about 17 years, ylfcoti. m Cic. \\ hen the cenfors aded ircproperly, they nriight be brought to a trial ; as they fometinnes vsere by a tribune of the ccm- nions, Liv. xxiv. 43. xliii. 15, 16. IS ay, we fir d a tribune or- dering a cenfor to be feized and led to prifon. Id. ix. 34. and even to be thrown frcm the Tarpeian rock, Id. epit. 59. Plin. vii. 44. f. 45. but both were prevented by their col- leagues, ibid. 43. f. 45. Two things were peculiar to the cenfors : — i. No one could be elected a fecond tin.e to that office, accordii g to the law of C. Martius Rutilus, who refufed a fecoi d cenlorfliip whea conferred on him, hence firnamed CENSCRIKUS, Valer. Max. IV. I 2. If one of the cenfors died, another was not fnbftituted in his room ; but his furviving colleague was obliged to refign his office, Liv. xxiv. 43. xxvii. 6. The death of a cenfor was efteem.ed onfiinous, bccaufe it had happened that a cenfor died, and another \\ as chofen in his place, in that lujlrum in %\ hich Rome was taken by the Gauls, Liv. v. 31. vi. 27. The cenfors entered on their office immediately after their eledlion. It was cuftomary for them, when the comitia were over, to fit down on their curule chairs in the Campus Martius before the temple of Mars, Lii'. xl. 45. Before they began to execute their office, they fwore that they would do nothing through favour or hatred, but that they would aft uprightly ; and when they refigned their office, they fwore that they had done fo. Then going up to the treafury, (in cerarium ajcen- de?ites), they left a lift of thofe whom they had made arariiy Liv. xxix. 37. A record of the proceedings of the cenfors {niemoria publico rece?iJionis, tabulis publicis impiejfci) w as kept in the temple of the nymphs, Cic. pro Mil. 27. and is alfo faid to have been pre- ferv^ed with great care by their defcendants, Dicnvf. i. 74. One of the cenfors, to whom it fell by lot, P^arr. Lat. L. V. 9. after the cenjus was finiflied, offered a folemn facrifice {liiflrum condidit) in the Campus ISIartius. See p. 82. The power of the cenfors continued unimpaired to the tri- bunefhip of Clodius, A. U. d^^, ^who got a law pafi'ed, or- derinff that no fenatcr ihould be degraded by the cenfors, un- lefs Censors. '^?>Z lefs he had been formally accufed and condemned by both cenfors, Hio. xxxviii. 13. but thip law was abrogated, and the powers of the cenforihip reftored fooii after by Q^ Metellus Scipio, A. U. 702, Afcon. hi Cic. Dio. xl. 57. Under the emperors the otFice of cenfor was aboliHied ; but the cliief parts of it were exercifed by the emperors them- felves, as by other magiftrates. Julius Ceefar made a review of the people {recej}fum papuli e- git), after a new manner, in the feveral Il^reets, by means of the proprietors of the houfes, {yicatim per dominos infularum'). Suet. Jul. 41. but this was not a review of the whole Roman people, but only of the poorer fort, who received a monthly gratuity of corn from the public, ibid, which ufed to be given them in former times, firit at alow price, Liv. ii. 34. and af- terwards, by the law of Clodius, for nought, Cic. pro Sext. 25. Afcon. in Cic. Julius Ccefar was appointed by the fenate to infpect the mo- rals of the citizens for three years, Dio. xliii. 14. under the ti- tle of PR^FECTUS MORUM vel moribus. Suet. Jul. 76. Cic. Fam. ix. 15. afterwards for life, under the title of cenfor, Dio. xliv. 3. A power fimilar to this feems to have been con- ferred on Pompey in his third confulihip, {corrigendis moribus dele Bus), Tacit. Ann. ii, 28. Aixguilus thrice made a review of the people ; the firll and laft time with a colleague, and the fecond time alone, Suet, Aug. 27. He was inveiled by the fenate with the fame cenforian power as Julius C^far, repeatedly for five years, according to Dion CaHius, liii. 17. liv. 2, ic, Ij' 30. according to Suetonius for life, {i-ecepit et morum legumque regimen perpetuum ', Suet. Aug. 27. under the title of M AGISTER MORuM, Faji, Conf. Hence Horace, Epijl. ii. i. Cum tot fnjii7teas, ac tanta negotia folits^ Res Italas armis tuteris, moribus orneSy Lcgibus emendesy &.c. Auguftus, however, declined the title of cenfor. Suet. 27. although he is fo called by Macrobius, Sat, ii. 4. and Ovid fays of him, fic agitur censura, &c. Fqfl. vi. 647. Some of the fucceeding emperors affumed this title, particularly thofe of the Flavian family, but moft of them rejeirted it, as Trajan, 1-34 ROMAN ANTIQ^UITIES. Plin. Paneg. 45. after whom we rarelj find it mentioned, Dio, liii. 18. Tiberius tl)ought the cenforlhip unfit for his time, (non id tempus cenfurc/). Tacit. Ann. ii. -i^-i^. It was therefore inter- mitted during his government ; as it was likewile during that of his fuccelTor. A review of the people was made by Claudius and L. Vi- tellius, the father of the emperor A. Vitellius, A. U. 80c. Suet. CIa7id.i6. P^it. 2. by Vefpafian and Titus, A. U. 827. Svet. Vejp.^. Tit. 6. but never after. Q>txS.oxm\x=, de die nat . 18. fays, that this review was made only feventy-five times during 65c, or rather 630 years, from its firft inltitution un- der Servius to the time of Vefpafian ; after which it was to- tally difcontinued, ihid. Decius endeavoured to reflore the cenforfhip in the perfon of Valerian, but without efFeft. The corrupt morals of Rome at that period could not bear fuch a magiltrate, "Trelell. Pol/is in Valer. IV. TRIBUNE S of the People, nPHE plebeians being opprefiTed by the patricians on ac- "* count of debt, Liv. ii. 23. &cc. at the inlligation of one Sicinius, made a fecciTion to a mountain afterwards called Mons Sacer, three miles from Rome, A. U. 260. ibid. 32. nor could they be prevailed on to return, till they obtained from the patricians a remillion of debts for thofe who were infolvent, and liberty to fuch as had been given up to ferve their credi- tors ; and llke^vife that the plebeians Ihould have proper ma- giftrates of their own to prote£l their rights, whofe perfons fliould be facred and inviolable, (fac7-ofanBi), Liv. iii. ^y Dionyf. vi. 89. They were called TRIBUNES, according to Varro, /. iv. 14. becaufe they were firft created from the tri- bimes of the foldiers. Tv.'o tribunes were at firft created, Cic.pro Corn. i. at the ^flembly by curice, who, according to Livy, created three col- leagues to therafelves, ii. 33. Li the year 283, they were firft ele£led at the Comitia Tributa, c. 58. and A. U. 297. ten tribunes were created, Liv. iii. 3c. nvo out of each clafs, which number continued ever after. No patrician could be made tribune, unlefs firft adopted in- to Tribunes. 135 to a plebeian familj, as was the cafe with Clodius the enemy of Cicero, pro Dom. 16. Suet. 'Jul. 20. At one time, how- ever, we find two patricians of confular dignity ele£led tribunes, Liv. iii. 65. And no one could be made tribune or plebeian gedile, whofe father had borne a curule office, and was alive, Liv. XXX. 19. nor whofe father was a captive, xxviii. 21. The tribunes were at firft chofen indifcriminately from a- mong the plebeians ; but it was ordained bj the Atinian law, fome think A. U. 623, that no one fliould be made tribune who was not a fenator, Gell. xiv. 8. Suet. Aug. 10. And we read, that when there were no fenatorian candidates, on account of the powers of that office being diminifhed, Auguflus chofe them from the equites^ Suet. Aug. 4c. Dio. liv. 26. 30. But others think, that the Atinian law onlj ordained, that thofe who were made tribunes iliould of courfe be fenators, and did not prefcribe anj reflridlion concerning their eleftion. See jMafiutuis de legg. It is certain, however, that under the em- perors, no one but a fenator had a right to ftand candidate for the tribuneiliip, Q'us tribunatus petendi), Plin. Ep. ii. 9. One of the tribunes, chofen by lot, prefided at the comitia for elefting tribunes, Liv. iii. 64. which charge was called fors comitiorum, ibid. After the abdication of the decemviri^ when there were no tribunes, the Fontifcx Maximus preiided at their election, c. 54. If the affembly was broken off Q/i comitia dlrcmpta ejfent^, before the ten tribunes were elecled, thole who were created might chufe {cooptare) colleagues for themfelves to complete the number, c. 65, But a law was immediately paffed by one Trebonius to prevent this for the future, which enabled, " That he who prefided Ihould conti- *' nue the comitia, and recal the tribes to give their votes, till *' ten were elefted," ibid. The tribunes always entered on their office the i oth of De- cember, (ante diem quartum Idus Dece77ibris), becaufe the firft tribunes were elefted on that day, Liv. xxxix. 52. Dionyf. vi. 89. In the time of Cicero, however, Afconius fays, it was on the 5th (nonis Decembris), in proaem. Verr. 10. But this feems not to have been fo ; for Cicero himfelf on that day calls Cato tribunut dejignatus, pro Sext. 28. The tribunes wore no togaprcstexta, nor had they any exter- nal mark of dignity, except a kind of beadle, called' viator, who went before them. It is thought they were not allowed to ufe a carriage, Cic. Phil. ii. 24. Plut. ^cejl. Rom. 81. When they adminiftered jullice, they had no tribunal^ but fat ou 136 ROMAN ANTIQ^UITIES. GXifuhfellia or benches, jlfco7i. in Cic. They had, however, on all occafions, a right of precedencj ; and every body \va3 obliged to rife in their prefence, Plin. Ep. i. 23. The power of the tribunes at firft was very limited. It con- fifled in hindering, not in afting, Dionyf. vii. 17. and was ex- pre Jed by the word, VETO, I forhid it. They had only the right of feizing, but not of famnK)ning ; (^prehenfionem, Jed noil vocatiomm hahehanC'), Gell. xiii. 12. Their office v.'as on- ly to alTiil the plebeians againft the patricians and magillrates ; {AuxiUi, 71011 pee nee jus datum illi potejiati), Liv. ii. 35. vi. 37. Hence they were faid, ejje prl'uo.ti,fine imperio^Jine ?nagijlratu, ii. ^6. not being dignified v/ith the name of magiftrates, Plutarch, in Coricl. et ^u.^ejl. Rom. 81 as they were afterwards, Liv iv. 2. Sa//. 'Jug. 37. They were not even allowed to enter the fen ate. See p. 17. But in procefs of time they increafed their influence to fuch a degree, that, under pretext of defending the rights of the people, they did almoft whatever they pleafed. They hin- dered the colleclion of tribute, Liv. v. 12. the enlifling of fol- diers, iv. i. and the creation of magifirates, which they did at one time for five years, Liv. vi. 35. They could put a ne- gative (intei-cedere^j upon all the decrees of the fenate and ordi- nances of the people, Cic. pro Mil. 6. Liv. xlv'. 21. Polyb. vi. 14. and a fmgie tribune by his VETO, could flop the proceed- ings of all tlie other magillrates, which Csefar calls extremum JUS trihunorum, deBeVt. Civ. i. 4. Liv. ii. 44. iv. 6. 6L48. vi. 35. Such was the force of this word, that whoever did not obey it, whether magillrate or private perfon, was immediately order- ed to be led to prifon by a ilator, or a day was appointed for his trial before the people, as a violator of the facred power of the tribunes, the exercife of which it was a crime to re- flrain, (in ordinem cogere), Plin Ep. i. 23. Liv. xxv. 3. 4. Plutarch, in Mario. They firft began with bringing the chief of tlie patricians to their trial before the Comitia 'Tributei; as they did Coriolanus, DionyJ. vii. 65. If anv one hurt a tribune in word or deed, he was held acr curfed, (Jctcer)y and his goods were confifcated, Liv. iii. 55. DionvJ. vi. 89. vii. 17. Under the fanction of this law, they carried their power to an extravagant height. They claimed a right to prevent confuls from fetting out to their provinces, Plutarch in CraJJ. Die, xxxix. 39. and even to pull victorious generals from their triumphal chariot, Cic. pro del. 14. They flopped the courfe of juftice by putting off trials, Liv- iii. Tribunes. 137 iii. ij. Cic. PJAl. ii. 2. i/i Vatin. 14. and hindering the exe- cution of a featence, Cic. de prov conf. 8. LiiK xxxviii. 60. They fometimes ordered the military tribunes, and c-\'en the confuls themfelves, to prifonj Li'b iv. 26. v. 9. Epit. 48. 55. Cic. in Vatin. 9. ^ 10. Dio, xxxvii. 50. (as the Ephori at Lacedsemdn did tl)eir kings, Nep.in Pauf. 3. whom the tribunes at Rome refembled, Cic. de Ii'g;-^. iii. 7- ^ 9.) Hence it -U'as faid, Datum Juh ju gum tribuniticc pctejiatis confidatum fuijfe^ Liv. iv. 26. The tribunes ufually did not give their negative to a law, till leave had been granted to fpeak for and againft it, Liii. xlv. 21. T}:e only effeaual method of refilling the power of the tribunes, was to procure one or more of their number, (e cqI- legio trihunoriwi), to put a negative on the proceedings of the reft, LiK). ii. 44. iv. 48. vi. 35. but thcfe, who did lb, might afterwards be brought to a trial before the people by their* colleagues, Liv. v. 29. Sometimes a tribune was prevailed on by entreaties or threats, to withdraw liis negative, iintercejjione dejijlere^, or he demanded time ta confiderit, (^noElem fihi ad deliherandnm pof- tulavit ; fe pojlero die rnoram nidlam ejje fa&U7'ti??i), Cic. pro Sext. 34. Attic, iv. 2. Fam. viii. 8. or the confuis were arm- ed with di^Tratorial power to oppofe him., Ccvf. de Bell. Civ. i. 5. Cic. Phil. ii. 21. Ij? 22. ("See p. 23.) from the terror of which, M. Antonius and Q^ Cailius Longlnus, tribunes of the com- mons, together with Curio and Ccslius, fled from the city to Ctcfar into Gaul, and afforded him a pretext for croffing the river Rubicon, which was the boundary of his province, and of leading his army to Rome, ibid. Dio. xli. 3. Appian. Ci- n)ii. \\. p. 448. Plutarch, in Ct-f. p. 727. Lucan. i. 273. We alio find the I'enate exercifing a right of limuing the power of the tribunes, which was called "CIRCUMSCRIP- TIO, Cic. Att. vii. 9. pro Mil. 33. Ccrf. de Bell. Civ. i. 32. and of removing them from their office, ("« republica remavcn- di, i. e. curia et foro interdicendi), Csef. de Bell. Ciy. iii. 21. Suet. Jul. 16. as they did likewife other magiflrates, ibid. Sc Cic. Phil. xiii. 9. On one occafion the fenate e\'en fent a tri- bune toprifon, Dio, xl. 45. but this happened at a time when all order was violated, ibid. 46. The tribunefhip was fufpended when the decemviri were created, Liv, iii. 32. but not when a dictator was appointed, vi. 38. S Tlie i^S ROMAN ANTIQ^UITIES. The pc'* cr of the tribunes was confined to the city, Dw- nyf' viii. 87. and a mile around it ; {neqiie eimn provocatio- nem cjfc longiiis ah urhe 77ulle pajfimrji), Liv. iii. 20. iinlefs when they were fent any where by the fenate and people ; and then they might, in any part of tlie empire, feize even a pro- conful at the head of his army, and bring him to Rome, (^ju- re facrofanffcc potejlads), Liv. xxix. 1C. The tribunes were not allowed to remain all night (^pernoc- tare^ in the country, nor to be above one wliole day out of town, except during the Ferine Latince ; Dionyf. viii. 87. and their doors ■w'^ere open day and n^ht, that they might be always ready to receive the requells and complaints of the wretched, Gell. iii. 2. xiii. 12. Mcicroh. Sat. i. 3. The tribunes were addrefled by the name, Tribuxi. Thofe who implored their ailiilance, {eos appellahant, vel auxilhim ■iniphrahant), faid, A voBis, TriBuni, fostulo, ut mihi AL'XiLio siTis. The tribunes anfwered, AuxiLio erimus, Vel XON ERIMUS, Lit], iv. 26. xxviii. 43'. When a law w?.s to be paiTed, or a decree of the fenate to lie m;uie, after the tribunes had confultcd together, {cum in K:o\\^^\\\xi\ feceffijfent), one of their number declared, {exfua col- legarumque fente?itia\&\pro collegio pronwiciamt)^ Se interce- DERE, 'Z/^/nGN INTERCEDERE, CHt MORAM YACEVi'E.COtmtUS^cie- lectui, %LC, Alfo, SE NON PASSUROS legem ferri\'€i ahrogari ; relatiottem fieri dc, &c. PronmiciaHt placere, &:c. This vv'as called DFXIKETUM tribunorum, Liv. iii. 13. ^ alibi pafiim. Thus ; Meuio decreio jus avxilii fui expediunt, exert their right of interccffion by a moderate decree, ib. Sometimes the tribunes fat in judgement, and what they decreed v^as called their EDICTUiM, or deci-etuniy Cic. Verr. ii. 41. If any one diifereJ from the reft, he likewife pro- nounced his decree ; thus, l^ib. Gracchus ita dccrevit : Qt'O MINUS EX BONIS L. SciPIONIS QUOD JUDICATUM SIT, REDI- GATUP, SE NGN INTERCEDERE PRiETORI. L. SCIPIO- NEM NON PASSURUM IN CARCERE ET IN VINCULIS ESSE, MiTTiQUE Eur.i SE JUBERE, Liv. xxxviii. 60. The t-'L)une3 early aifurr.cd the riglit of holding the roOT/Vz'i^ by tribes, and of making laws (PLEEISCITA), which bound the whole Roman people, Liv. iii. 10. ijf 55. (See p. 98.) They alfo exercifed" the power of holding the fenate, A. U. 298. Dionyf. x. 31. Cic. de Legg. iii. 10. of difmifling it, when ailembled by another, Appian. de BclL Civ. ii. and of making a motion, although the confuls were prefent, Cic. Phil, vii. i . p7-9 Tribunes. 135 •0 Sext. II. They likewife fometimes hindered the cenfors in the choice of the fenate, D20, xxxvii. 9. The tribunes often affembled the people merely to make harangues to them, {conctonem advocahant vel popiilum ad con- cioneni), Gell. xii. 14. By the ICILIAN law it was forbidden, under the fevereft penalties, to interrupt a tribune v/hile fpeaking, Dionyf. vii. 17. Cic. pro Sext. 37. and no one was al- lowed to fpeak in the aiTemblies fummoned by them without their permiffion : Hence concionemdare, to grant leave to fpeak, Cic. Att. iv. 2. in concionan nfcendere, to mount the rojlra^ i- bid. concionem habere, to make a fpeech, or to hold an afleni- bly for fpeaking ; and fo, in concionem venire, Cic. pro Sext. 40. in concionem vocare, &: in concioyie flare, Id. Acad. iv. 47. but to hold an afTembly for voting about any thing, was, ha- bere comitia, A-el AGERE cnmpopulo, Gell. xiii. 15. The tribunes limited the time of fpeaking even to the con- fills themfelves, Cic. pro Rabir. 1. and fometifnes would not permit them to fpeak at all. (See p. 113.) They could bring any one before the alTembly, {ad concionem vel in condone producere^, and force them to anfv\er v/hat queltions were put to them, Cic. in Vatin. 10. Pif. 6. b? 7. pojl. red. in Sen. 6. Dio, xxxviii. 16. By thefe harangues the tribunes often inflamed the popu- lace againft the nobility, and prevailed on them to pafs the moft pernicious laws. The laws which excited the greateft contentions, were about dividing the public lands to the poorer citizens, (LEGES A- GRARIyE), Zzy. ii. 41. iv. 48 vi. 11. Cic. in Kull — about the diftribution of corn at a low price, or for nought, {Leges f RUMENTARIyE vel a?inonaricc'), Liv. Epit. Ix. Ixxi. Cic, adHerenn. i. 12. pro Sext. 25. Afcon. in Cic. — and about the diminution of intereft, {de hvando f^nore), and the abolition of debts, either in whole or in part, {de novis tabnlis ; — leges FOENEBRES),«f r^. vi. 27, 'xS 35. vii. 16. %$ 42. xxxv. 7. Paterc. ii. 23. (See p. 45.) But thcfe popular laws were ufually joined b}' the tribunes with others refpetSling the aggrandifement of themfelves and their order, Liv. vi. t^s,, ii 39. and when the latter were granted, the former were often dropped, c. 42. At laft, how- ever, after great flruggles, the tribunes laid open the way for plebeians to all the offices of the flate. The government of Rome was now brought to its juft e- quilibrium. There vras no obftrudVion tg merit, and themofl $ % dcfi^rving I40 ROMAN ANTIQUITIES. deferving ■were promoted. The republic "was maTaagcd for fe- veral ages v/ith quiet and moderation, (p/na'de modefleque.^ But when wealth and luxury were introduced, and avarice had feizcd all rar-ks, efpecially after the deltruction of Carthage, the riore wealthy plebeians joined the patricians, and thev in coiijunclion ingroiTed all the honours and emoluments of the ftate. T}ie body of the people were opprefied ; and the tri- bunes, either overawed or gained, did not exert their infiuerxe to prevent it ; or rather perhaps their interpolition was difre- garded, Sallujl. 'Jug. 41. At lail Tiberius and Cains Gracchus, the c-randfons of the great Scipio Africanus by his daughter Cornelia, bravely un- dertook to alTert the liberties of the people, and to check the oppreflion of the r.obilitv. But proceeding with too great ar- dour, and not being futlicientl}'" fupported by the multitude, they fell a facrlfice to the rage of their enemies. Tiberms, while tribune, was flain in the capitol, by the nobility, witli his coufin Scipio Nafica, Fontifex MaxiTuus, at their head ; A. U. 620, Applan. de Bell. Civ. i. 359. and Caius, a few years after, perilhed by means of the confui Oplmius, who flaughter- ed a great number of the plebeians, Salhjl Jug- 1 6, &. 42. lids was the firfl civil blood flied at Rome, which afterwards at different times deluged the ftate, Appian. ibid, i 349. Veil ii. 3. From this period, when arms and violence began to be ufed with impunity in the legiflative alTemblies, and laws enabled by force to be held as valid, we date the conimericement of the ruin of Roman liberty. The fate of the Gracghi difcouraged others from efpoufing the caufe of the people. In confcquence of which, the pow- er of the nobles was increafed, and the wretched plebeians ■were more oppreiTed than ever, Sallujl. Jug. 31. , But in the Jugurthine war, when, by the infamous cor- ruption of the nobility the republic had been bafely betrayed, the plebeians, animated by the bold eloquence of the tribune Memmius, regained the afcendency, Ihid. 40, 65, 73, \3 54. The contell betwixt tlie two orders was renewed ; but the people being milled and abufed by their favourite, the faith-? lefs and ambitioiis Marius, Dio, fragment,, xxxiv. 94. the no- bility again prevailed under the conduct of Sylla. Sylla abridged, and in a manner extinguiflied the power of the tribunes, by enabling, ** That whoever had been tribune, fhoLild not afterwards enjoy any other magilLracy ; that there ^ould be no appeal to the tribunes ^ that they iliould not be silowed Tribunes. 141 allowed to affemWe the people and make harangues to them, nor topropofelaws," Z/V. Epit. 89. Appian- B. Civ. i. 413. but fliould oulj retain the right of interceffion, Cirf. de Bell Civ. X. 6, (injuria Jaciende potejtatem ademit^ auxilii ferendi reli~ quit), which Cicero greatly approves, Cic. de Legg iii, 9. But after the death of Sylla, the power of the tribunes was reftored. In the confulfhip of Cotta, A. U. 679, they ob- tained the right of enjoying other offices, Afcon. in Cic and in the confulihip of Pompey and Crailus, A. U. 683 all their for- mer powers. Sail C:it. 38. Cic. in Verr. i. 15. de Le^g. iii. n. a thing, which Caafar flrenuotifly promoted, Suet. yul. 5. The tribimes hencefortli were employed by the leading men as the tools of their ambition. Backed by a hired mob, (a conduEla plehe fiipati), they determined every thing by force. They made and abrogated laws at pleafure, Cic. in Pif 4. pro Sext. 25. They difpofed of the public lauds and taxes as they thoiigbit proper, and conferred provinces and commands on thofe who purchafed them at the highefl: price, Cic. pro Sext. 6, 10, 24, 26, ijc. pro Dom. 8, & 20. The allemblies of tlie people were converted into fcenes of violence and malTacre ; and the mod daring always prevailed, Cic. pro Sext. ^^, 36, 37, 38, i^c. Dio. xxxix. 7, 8, 6tc. Julius Crefar, who had been the principal caufe of thefe ex- celTes, and had made the violation of the power of the tribune?, a pretext for making war on his country, (fee p. 137.) having at laft become mailer of the republic by force of arms, redu- ced that power, by which he had been raifed, to a mere name ; and deprived the tribunes of their office (pote/iate privavit) at pleafure, Suet. "Jul. 79. Bio. xliv. 10. Veil. ii. 68, Auguftus got the tribunitian pov/er to be conferred on liim- felf for life,' by a decree of the fenate, Dio, li. 19. the exercife of it by proper magiflrates, as formerly, being inconiiilent with an abfolute monarchy, which that artful ufurper efta- blifhed. Suet. Aug. 27. 'Tacit. Ann. iii. 56. This power gave him the right of holding the fenate, Dio, liv 3. (fee p. 13.) of aiTembling the people, and of being appealed to in all cafes, Dio, li. 19. It alfo rendered his perfon facred and inviolable ; fo that it became a capital crime (crimen MAJESTATI3) to injure him in word or deed, Dio, liii 17 which, undeV the fucceeding emperors, ferved as a pretext for cutting off num- bers of the ilrft men in the flate, and proved OTie of the chief fupports of tyranny, (ADJUMENTAREGNI), Tacit. An- rtctl. iii. 38. Suet. Tib. 58, i^ 61. Ner. 35. Hence this among other 142 ROMAN ANTIQJJITIES. other poxvers ufed to be conferred on the Emperors in the be- ginning of their reign, or upon other folemn occafions ; and then they were faid to be 'Trihunitid potejlate donati, Capitol, in M. Anton. — Vopifc. in Tacit, (fee p. 25.) Hence alfothe years of their government were called the years of their tribuuitian power, jD/o, liii. 17. which are found often marked on ancient coins : computed not from the firft of January, nor from the loth of December, (iv. Id. Dec.') the day on which the tri- bunes entered on their office j but from the day on which they aflumed the empire. The tribunes, however, ftill continued to be elected, al- though they retained only the Ihadow of their former power, (inamm umbreuTi ct Jine hcnore nomen), Flin. Ep. i. 23 Paneg. 10, & 95. Tacit, i. 77. xiii. 28. and feem to have remained to the time of Conftantine, who aboliilied this with other an- cient offices. V. ^ D I L E S. nPHE lEdiles were named from their care of the buildings, •*■ {a cur a medium). The ^'^Idiles w-ere either plebeian or curule Two LEDILES PLEBEII were firft created, A. U. 260. in the Comitia Cta-iatay at the fame time with the tribunes of the commons, to be as it were their afHllants, and to deter- mine certain lelTer caufes, which the tribunes committed to them, Dionyf. vi. 90. They were afterv/ards created, as the other inferior magillrates, at the Comitia 'Tnbiita. Two T^DILES CURULES were created from the patrici- ans, A. U. 387, to perform certain public games, Liv. vi. 42. They were firft chofen alternately from the patricians and plebeians, but afterxvards prom.ifcuoufly from both, Liv. vii. 1. at the Comitia 'Tributa, Gell. vi. 9, The curule ccdiles wore the toga priStexta, had the right of images, and a more honourable place of giving their opinion in tlie fenate, Cic. Verr. v. 14. They ufed the y^//a curiilis when they adminiftered juftice, whence they had their name, Wliereas the plebeian aidiles fat on benches, Ajcon. in Cic. but they were inviolable, (SACROS.ANCTI), as the tri- bunes, Fefins. Liv. iii. 55. The office of the rediles was to take care of the city, Cic. de }egg. iii. 3. its piibiic buildings, temples, theatres, baths, ha~ Jiiica^ ^ D I L E S. 14^ i JtliciFf porticos, aquseducts, common-fewers, public roads, Sec. 1 efpeciallv when there were no cenfors : alfo of private build- ! ings, left they Ihould become ruinous, and deform the city, or occafion danger to palTengcrs. They likewife took care of I provifions, markets, taverns, &:c, I'hey infpecled thofe things \ which were expofed to fale in the Forum ; and if they were not good, they cauled them to be thrown into the Tiber, Plant. Riid. ii. 3. 42. They broke unjuft weights and mea- fures, 'Juvenal, x. loi . They limited the expences of funerals, Cic. Phil, ix, 7. Ovid. Fajl. vi. 663. They reft rained the avarice of ufurers, Liv. x. 37. They fined or baniilied women of bad character, after being condemned bv the fenate or people, 7^/- cit, Ann ii. 85. Liv. x. 31 . xxv. 2 They took care that no new gods or religious ceremonies were introduced, Liv. iv. 30. They punilked not only petulant a6lions, but even words, Gell. x. 6. The rediles took cognifance of thefe things, propofed edicts concerning them, Plant. Capt.'w. 2.v 43. and fined delinquents. The gediles had neither the right of fummoning nor of feiz- ing, unlefs by the order of the tribunes ; nor did they ufe lie- tors or W//for(fj, but only public flaves, Gi'//. xiii. 12. They might even be fued at law^ (Jnj'us vocari^y by a private perfon, ibid. 13. It belonged to the cediics, particulaiiy the curule sdiles, to exhibit public folemn games, Liv. xxiv. 43. xxvii. 6. which they fomctimes did at a prodigious expence, to pave the way for future preferments, Cic. Off. ii. 16. They examined the plays which were to be brought on the ftage, and rewarded or puniihed the a£lors as they deferred, Plant. Trin. iv. 2. 148. Ciji. Epil 3. They were bound by oath to give the palm to the moil deferving, Ld. Arnphit. Prol. yi. Agrippa, when fedile under Auguftus, banifhed all jugglers (^prcejiigiato.- rei) and aftrologers, Dio^ xlix. 43, It was peculiarly the oftice of the plebeian Eediles to keep, the decrees of the fenate, and the ordinances of the people, in the temple of Ceres, and aftcrvvards in tlie treafury, Liv. iii- 55- Julius Ciefar added tv/o other aediles, called CEREALES, (« Cerere), to infpect the public flores of corn and other pro- vifions, Suet. Jul. 41. Dio^ xliii, 51. The free towns alfo had their a^dilcn, Juv. iii. 179. where fometimes t-iey were the only magiftrates, as at /Vrpiuum, Cic. Fam. xiii. II. a The 144 ROMAN ANTIQUITIES. The aediles feem to liave contumed, but with iomc varia- tio]\s, to the time of Conflantlue. VI. Q^U^ESTORS. ^' ^ HE Qujtftors werefo called, (^ quu-renJo), becaiife they got in the public revenues, (^publicas pecuniae conquire~ kanf\^ Vairo de L. L. iv. 14. The inltitution of qurcilors fecms to have been nearly as an- cient as the city itfelf. Tliey were firll appointed by the kings, according to Tacitus, Aivnal. xi. 22. And then by the confuls, to the year 307, when they began to be eledled by the people, at the Comitia "Trihutn, Cic. Fam. vi. 30. Otlicrs fay, that two quailtors were created by the people from among the pa- tricians, foou after the expulnon of Tarquin, to take care of the treafury, according to a law palled by Valerius Poplicola, Plutarch i?i Poplic. Dionyf. v. 34. In the year '^2)3* befides the two city quftllor.s, two others were created to attend the confuls in war, (jit confulibus cidfni' nljieria belli pvccjlo cffcnt); and from this time the qurcllors, might be chofen indifferently froin the plebeians and patrici- ans, Liv. iv. 4^. After all Italy was fubdued, fouj" more were added, A. U. 498, about the fame time that the coining of lil- ver was firfl introduced at Rome, Liv. Epit. xv. S} 11a en- creafed their number to 20, (Jiipplcmlo feiiatiiiy ciii fudicia tra- diderat)y Tacit. Ann. xi. 22. and Julius Ccefar to 40, Dion, xliii. 47. Under the Emperors their number was uncertain and arbitrary. Two quffilhors only remained at Rome, and were called OUiESTORES UREANI ; the reft, PROVINCIALES or MILITARES. The principal charge of the city quacilors was the care of the treafury, which was kept in the temple of Saturn, Suet. Claud. 24. Plut. ^ic?Ji. Rom. 40. They received and expend- ed the piiblic money, and entered an account of their receipts and diibuvfcaients, (jn tahulas accepti ct expcnji refcrehajit"), Afcon. in Cic. They exadled the tines impofed by the public, Liv. xxxviii. 60. 'T'acit. Ann. xiii. 28. The money thus raifed was called ARGENTUM MULTATITIUM, Liv. :cxx. 39. The queeflors kept the military Handards in the treafury* (v,-hic'h QjJ iE S T R S. 145 (which were generally of filver, Plin. xxxiii. 3. f. 19. fotne- times of gold, for the Romans did not ufe colours, {non velit utebantur)y and brought them out to the confuls when going upon an expedition, Liv. iii. 69. iv. 22. vii. 23. They enter- tained foreign ambaffadors, provided them with lodgings, and delivered to them tlie prefents of the public, Valer. Max, v. I. They took care of the funerals of thofe who were buried at the public expence, as Menenius Agrippa, Dionyf. v\.Ji7i. Sulpicius, Cic. Phil. ix. 7. They exercifed a certain jurifdic- tion, efpecially among their clerks, Phit. in Cat. Min. Commanders returning from war, before they could obtain a triumph, were obliged to fwear before the quaellors, that they had written to the fenate a true account of the number of the enemy they had (lain, and of the citizens that were mif- fing, Val. Max. ii. 8. The provinces of the quseftors were annually dillributed to them by lot, Cic. pro Mur. 8. after the fenate had deter- mined into what provinces quaeftors fnouldbe fent. Whence ■SORS is often put for the office or appointment of a quaeftor, Cic. Verr. i. 15. Ccecil. 14. Fam. ii. 19. as of other magi- ftrates, Id.Verr.AB.'i.^. Plane, i^i. Liv.xxxv.6. and pu- blic officers, Cic. Cat. iv. 7. or for the condition of any one, Horat. Sat. i. i. Ep. i. 14. 11. Siiet. Aug. 19. Sometimes a certain province was given to a particular quaeftor by the fe- nate or people, Liv. xxx. 33. But Pompey chofe Caffius as his quaeftor, and Caefar chofe Antony, of themfelves, (Jine for- te), Cic. Att. vi. 6. Cic, Phil. ii. 20. The office of the provincial qujeftors was to attend the con- fuls or praetors into their provinces ; to take care that provi- fions and pay were furniftied to the army ; to keep the money depofited by the foldiers {nummosadjigtmdepofitos). Suet. Dom. 8. Veget. ii. 20. to exaft the taxes and tribute of the empire, Cic. in Verr. i. 14, ^ 38. to take care of the money and to fell the fpoils taken in war, Liv. r. 26. xxvi. 47. Plant. Bacch. iv. 9. V. 153. Polyh. X. 19. to return an account of every thing to the treafury ; and to exercife the jurifdiclion aftigned them by their governors, Cic. Divin.i?i Ccecil. 17. Suet. J'l/l. 7. When the governor left the province, the quaeftor ufuallj fupplied his place, Cic. ad Fam. ii. 15. tj? 18. There fubfifted the clofeft connexion between a proconful or proprjetor and his quaeftor, {iti parent urn loco quirjioribusfuis erant), Cic. pro Plane. 11. Divinat. in Caecil. 19. ad Fam. xiii. ID. 26. Plin.,Ep. iv. i^. If a quaeftor died, another was ap- T pointed 146 ROMAN ANTIQUITIES. pointed by the governor in his room, called PROQUi^STOR, Cic. in Verr. i. 15 &. 36. The place in the camp where the quaeflor's tent was, and where he kept his ftores, was called QU^STORIUM, or ^ucvjlorium forum, Li v. x. 32. xli. 2. fo alfo the place in the province, where he kept his accounts and tranfatled bufinefs, Cic pro Plane. 41. The city quaeflors had neither liftors nor viatores, becaufe they had not the power of fummoning or apprehending, GelL xiii. 12. and might be profecuted by a private perfon before the praetor, ibid. 13. Suet. Jul. 23. They could, however, hold the Comitia; and it feems to have been a part of their office in ancient times to profecute thofe guilty of treafon, and punifh them when condemned, Dionyf. viii. 77. Liv. ii. 41. iii. 24, 25. The provincial quseftors were attended by liftors, at leaft in the abfence of the praetor, Cic. pro Plane. 41. and by clerks, Cie. iu l^err. iii. 78. The quseflorfliip was the firft ilep of preferment, (primu5 gradus honoris), Cic. in Verr. i. 4. which gave one admiffion into the fenate, Cic. (fee p. 4.) when he was faid adire adrem- puhlicam, Cic. ox rempublicamcapejfere. Veil. ii. 94. It was, however, fometimes held by thofe who had been confuls, Dionyf. X. 23. Liv. iii. 25. Under the emperors the quaellorfhip underwent various changes. A diflin6iion was introduced between the treafury of the public (^RARIUM) and the treafury of the prince, (FISCUS) Suet. Aug. 102. 'Tacit. Annal. vi. 2. Plin. Pan. -if). Dio, liii. 16. and different officers were appointed for the ma- nagement of each. Auguftus took from the quaeilors the charge of the treafu- ry, and gave it to the prtetors, or thofe who had been prsetors. Suet. Aug. ■^S. Tacit. Ann. xiii. 28. Dio, liii. 2. but Claudius reftored it to the quaeflors, Suet. Claud. 24. Afterwards prae- fe£ls of the treafury feem to have been appointed, Plin. Epifi. iii. 4. Tacit. Annal. xiii. 28, ii? 29. Thofe who had borne the quaeftorlhip ufed to aflemble the judges, called centunroiri, and prellde at their courts ; but Auguftus appointed that this Ihould be done by the Decemvi- ri litibus judicandis. Suet. Aug. ^6. The quccftors alfo chofe ihtj'udices, Dio, xxxix. 7. Auguftus gave the quaeftors the charge of the public records, which the aediles, and, as Dion Caffius fays, the tribunes had formerly exercifed, /. liv. 36. But Ordinary Magistrates* 147 But this too was afterwards transferred to prsfe^la, Tacit, loc. Clt. Auguftus introduced a new kind of quseftors called QU^^- STORES CANDIDATI, or candidati principisvtl Auguji, Suet. Aug. 56. Claud. 4c. xelCce/aiis, Veil. ii. 124. ^^ho ufed to carry the meffages of the emperor, (Jibellos, epijlolas^ et orationei), to the fenate, Suet. 'Tit. 6. (Seep. 23.) They were called candtdatihtQ2.\\i& thej fued for higher preferments, which by the intereft of the emperor they were fure to obtain j hence, Petis tanquam Cafaris candidatus, i. e. carelefsly, ^uinclilian. vi. 3. 62. Auguftu5 ordained by an edict, that perfons might enjoy the quaeftorfliip, and of courfe be admitted into the fenate, at the age of twenty-two, Flin. Epiji. x. 83, Ijf 84. Under the emperors, the quaeftors exhibited fliews of gla- diators, which they feem to have done at their own expence, as a requilite for obtaining the ofBce, Tacit. Ann. xi. 22. Suet» Domit. 4. Conftantine inftituted a n^w kind of quaeftors, called QU^STORES PALATII, who were much the fame with what we now call Chancellors^ Zofim. v. Procop. de bell, Perf. Other ORDINART MAGISTRATES. ■^HERE were various otlier ordinary magiftrates ; ■*• as, TRIUM\"IRI CAPITALES, who judged concerning (laves and perfons of the lowefl rank, Plant. Aul. iii. 3. 2. and who alfo had the charge of the prifon, Liv. xxxii. 26. and of the execution of condemned criminals. Sail. Cat. 55. TRIUMVIRI MONETALES, who had the charge of the mint, (jjuiauro, argent 0, ceri,Jlando,feriundoprcEerant, which is often marked in letters, A. A. A. F. F.) Dio, liv. 26. Ac- cording to the advice of Maecenas to Auguftus, Dio, Iii. 29. it appears that only Roman coihs were permitted to circulate in the provinces, Matth. xxii. 20. NUMMULARII, \q\. pecuniae fpeBatores, faymafters, (ad T 2 quos J48 ROMAN ANTIQUITIES. quos nmnmi prohandi caufd deferehantur^ an prohi ejjenty cujus ami, anjuhcerati, o.n cerjiii ponderis, anhonce fufionis.') TRIUMVIRI NOCTURNI, vel trefviri, who had the charge of preventing fires, (incendiis per urbem arcendis prcee- rant), Li v. ix. 46. and wdked round the watches in the night- time, (vigilias circumihani), attended by eight lidors, Plant, A7nphit. i. 1.3. QUATUOR VIRI VIALES, vel viocUri {qui vias cura- hant^<, who had the charge of the ftreets and public reads. All thefe magiftrates ufed to be created bj the people at the Comitia 'Trtbiita. Some add to the Mogijiratus Ordhiarii Minores^ the CEN- TUM VIRI htibus judicundis, (\t\ftlitihus judicandis, for fo it was anciently written), a body of men chofen out of every tribe, (fo that properly there were 105), forjudging fuch cau- fes as the praetor committed to their decilion ; and alfo the I)EC EMVIRI iitihus jiidica?idii\ But thefe were generally not reckoned magifti-ates, but only judges. New ORDINART MAGISTRATES under the EMIERORS. AUGUSTUS inftituted feveral new offices ; as, Cu- ratores operum ptthJicoruniy viartim, aqvariwiy alvei Tihe- tlSy fc. 7-epJirgandi etlaxior{sfaciefidi,fri/mentipopulo dividundi; perfons who had tlie charge of the public works, of the roads, of bringing water to the city, of cleaaiing and enlarging the channel of the Tiber, and of diftributing corn to the people,. Suet. Aug. 37. The chief of thefe offices were, I. The governor of the city, (PR^FECTUS URBI, vel whisky whofe power was very great, and generally continued for feveral years, Tacit. Ann. vi. 11. A pra;fe£l of the city ufed likewife formerly to be chofea occafionally (/« tempus deligehatm-), in the abfence of the kings., and afterwards of the confuls. He was not chofen by the people, but appointed, firft by the kings, and afterwards by the Gonfuls, (« regibus irnpojiti: Fojlea conjules maudabafit. Ta- cit, ibid.) He might, however, afl'emble the feuate, even al- thouglv Ordinary Magistrates. 14^ though he was not a fenator. Cell. xiv. c. ult. and alfo hold the comitia, Liv. i. 59. But after the creation of the praetor, he ufed only to be appointed for celebrating the Ferice Latince^ or Latin holy-days. Auguftus inftituted this magiftracy by the advice of Maece- nas, hio, lii. 21. who himfelf in the civil wars had been in- trufled by Auguftus with the charge of the city and of Italy, {cunBis apud Romam atque Italiam pr^rpofitus). Tacit, ibid- Hor. Od. iii. 8. 17. Ibid. 29. 25. The firil prcefeft of the city was MeJJala Corvinns, only for a few days ; after him 'Taurus Statiliusy and then Pifo for twenty years. He was ufually chofen from among the principal men in the ftate, {ex viris primariis vel confularihiis^. His office comprehended many things, which had formerly belonged to the preetor and aediles. He adminiftered juftice betwixt mafters and flaves, freedmeii and patrons ; he judged of the crimes of guardians and cura- tors ; he checked the frauds of bankers and money -brokers 5 he had the fuperintendance of the fhambles, (carnis curam ge^ rebat^, and of the public fpeftacles ; in fhort, he took care to preferve order and public quiet, and punilhed all tranfgreffions of it, not only in the city, but within a hundred miles of it, (intra centejimum ah urhe lapidern), Dio, lii. 21. He had the power of banifliing perfons both from the city and from Italy, and of tranfporting them to any ifland which the emperor named, {in infiilam deportandi^^ Ulplan. de on". Praef. Urb. The praefedl: of the city was as it were, the fubflitute (yicarius^, of the Emperor, and had one under him, who exercifed jurifdiclion in his abfence, or by his com- xnand. The prsefe£l of the city feems to have had the fame injlgnia with the praetors. II. The prarfea of the prstorian cohorts, (PR^FECTUS PR^TORIO, v^l pratorils co/jortihus'); or the commander of the emperor's body guards. Auguftus inftituted two of thefe from the equeftrian order, by the advice of Maecenas, that they miglit counteraft one a- nother, if one of them attempted any innovation, Dio, lii. 24. Their power was at firft but fmall, and merely military. But Sejanus, being alone inverted by Tiberius with this com- mand, increafed its influence, {vim pr^/eSiur^e modicam antea intendit)y by coue. xxiii. 14. to ^ew, as it is thought, that the chief ilrength of the Roman army confilled in the infantry. But the principal check againfl a dictator's abufe of power was, that he might be called to an account for his conduct, when he refigned his office, Liv. vii. 4. For 120 years before Sulla, the creation of a diclator was difufed, but in dangerous emergencies the confuls were armed ^\ ith dictatorial power. After the death of Cfefar the dicla- torfiiip was for ever abolifned from the ftate, by a law of An- rony tlie conful, Cic. Phil. i. i. And when Auguflus was urged by the people to accept the dictatorfliip, he refufed it with the llrongefl marks of averfion, {getiu 7ii.\us, dcjccid ab hu- mcristogd, 7iudop.'6iore, deprecatus eJF)^ Suet. Aug. 52. Pof- feHed Extraordinary Magistrates. 155 feffed of the power he wifely declined an odious appellation, Dio, liv. I . For ever fince the ufurpation of Sulla, the dic- tatorfhip was detefted on account of the cruelties which that tyrant had exercifed under the title of diftator. To allay the tumults which followed the murder of Clodius by Milo, in place of a diftator, Pompey was by an unprece- dented meafure made fole conful, A. U. 702, Dio, xl. i;o. He, however, on the firft of AugufI:, aflumed Scipio, his fa- ther-in-law, as colleague, Bio, xl. 51. When a didlator was created, he immediately nominated (dixit) a mafter of horfe, (MAGISTER EQITITUM), ufual- ly from among thofe of confular or praetorian dignity, whofe proper office was to command the cavalry, and alfo to execute the orders of the dictator. Pvl. Fabius Buteo, the dictator no- minated to chufe the fenate, had no mafter of horfe. Sometimes a mafter of horfe was pitched upon {dcitus vel additus eJT) for the diftator, by the fenate or by the order of the people, Liv. vii. 12, 24, 28. The magijler equitxmi might be deprived of his comman^Pby the didlator, and another nominated in his room, Liv. viii. The people at one time made the mafter of horfe, Minucius, equal in command with the diftator, Fabius Maximus, Liv» xxii. 26. The mafter of horfe is fuppofed to have had much the fame injignia with the praetor, fix liftors, the pratexta, &.c. Dio. xlii. 27. He had the ufe of a horfe, which the diftator had not without the order of the people. II. rie DECEMVIR S. The laws of Rome at firft, as of other antient nations, were very few and fimple, Tacit. Ann. iii. 26. It is thought there was for fome time no written law, (tiihilfcriptijj/ris). Difte- rences were determined (Jites dirimehaiiiur) by the pleafure of the kings, (^regum arbitno), according to the principles of natural equity, {ex ccquo ct bono), Senec. Epift.,90. and their decifions were held as laws, Dionyf, x. i. The kings ufed to publifti their commands, either by pafting them up in public on a white wall or tablet, {in alhim rclataprofoncre in pulUco'), Liv. i. 32. or by a herald, Ih. 44. Hence they were faid, U 2 07/mia j^6 ROMAN ANTICUJITIES. omnia MANU guhcmare^ Pompon. 1. 2. § 3. D. de orig. jur. {\. e. potejiate et 'unperio. Tacit. Agric. 9.) The kings, however, in every tiling of importance confulted the fenate and likewife the people. Hence we read of the LEGES CURIAT^ of Romulus and of the other kings, which were alfo called LEGES REGI^T., Liv. v. i. But the chief legiflator was Servius TviUius, (pr^ccipuus fan- ^or legiim^y Tac. Ann. iii. 26. all whofe laws however were aboliflied at once {juio ediBofuhlat"(j the casfts of creating this magifcratc, &Cj (See p, 107.) Other TS« ROMAN ANTIQUITIES. Other EXTRAORDINART MAGISTRATES of lefs Note. 'T^HERE were feveral extraordinary inferior magiftrates ; "■• as, DUUMVIRI perdudllonis judicanda caufdy Liv. i. 16. vi. 20. Duumviri navales, clajjis ornandce rejiciendcsque caufdy Id. ix. 30. xl. i8. 26. xli. i- Duumviri ad cedem jfu- noni Monet ce faciundam. Id. vii. 28. TRIUM\^IRI colonia deducendae, Liv. iv. ii. vi. 26. viii. 16. ix. 28. xxi. 25. xxxi. 49. xxxii. 29. 'Triumviri bini, qui citra ct ultra quinquagefmum lapidem in pagis forifqiie et con- ciliabulis omnem copiam ingenuorum infpicerent, et idoneos ad arma ferenda conquirerent, militef que facer ent^ Id. xxv. 5. Tri- umviri hiiii ; unifacris conquirendis donifque perfgnandis ; alteri refciendis evdibus facris, Id. xxv. 7. Triumviri menfarii,fa£H oh nrgenti penuriamy\Ax. xxiii. 21. xxiv. 18. xxvi. 36. QUINQUEVIRI, agro Pomptino dividendo, Liv. vi. 21. ^uinqueviri, ah difpenfatione pecunics MENSARI appellati, Id. vix. 21. ^nnqueviri muris turribufque refciendis ^ Id. xxv. 7. minuendis publicis fumptihus, Plin. Ep. ii. i. Pan. 62. DECEMVIRI agris inter vetcranos milites dividendis, Liv. ;xxxi. 4. Several of thefe v.-erenot properly magiftrates. They were all, however, chofen from the moft refpeclable men of the Hate. Their office may in general be underllood from their titles. PROVINCIAL MAGISTRATES, 'X'HE provinces of the Roman people were at firft govern- '* ed hy pratorsy (fee p. 125) but afterwards by proccru fuls znd proprietors^ to whom were joined quaflors and liiu^ tenants. The ufual name is PROCONSUL and PROPR^TOR ; but fometimes it^is/written pvo^confule 2X\A p7-o prcetorey inty^ words.' ^^^ ^^hc-oiyL^^-t^ '/yi^ ai^^K^^^' J ¥ ' Ancientlj J Provincial Magistrates. 159 Anciently thofe were called proconfuls, to whom the com- mand of conful was prolonged (imperium prorogatU7?t) after their office was expired, Liv. viii. 23, ^3 26. ix. 42. x. 16. or Vho were invefled with confular authority, either from a fub- ordinate rank, as Marcellus, after being proetor, {ex prstura), Liv. xxiii. 30. and Gellius, Cic. legg. i. 10. or from a private flation, as Scipio, xxvi. 18. xxviii. 38. This was occafioned by fome public exigence, when the ordinary magiftrates were not fufficient. The fame was the cafe with proprators, Cic. Phil. V. 16. Suet. Aug. 10. Sail. Cat. 19. Th^^x^ proccnfnt mentioned by Livy, was T. Quinftius, A. U. 290, Liv. iii. 4. But he feems to have been appointed for the time. The firft to whom the confular power was prolonged, was Publi- lius, Z:^'. viii. 23, &- 26. f. The name oi Proprietor was al- fo given to a perfon, whom a general left to command the ar- my in his abfence, Salluji. Jug. '^6. IC3. The names ci conftil2.ndprQConfuI,pri.etor^.ndi. proprietor, are fometimes confounded, Suet. Aug. 3 . And we find all govern- ors of provinces called by the general name of proconfulesy as oiprajidesy ibid. 36. The command of conful was prolonged, and "proconfuls oc- cafionally appointed by the Cbmitia 'Tributa, Liv. x. 24. xxix. 13. xxs. 27. except in the cafe of Scipio, who was fent a* proconful into Spain by the Coniitia Centuriata, xxvi. 18. But after the empire was extended, and various countries reduced to the form of pro\n.nce3, magiftrates were regularly fent from Rome to govern them, according to the Sempronian law, (fee p. 115.) without any new appointment of the peo- ple. Only military command was conferred on them by the Comitia Curiata. (See p. 78.) At firfl the provinces v.-ere annual, i. e. a proconful had the government of a province only for one year ; and the fame psrfon could not command different provinces. But this was violated in feveral inftances, efpeciallv in the cafe of Julius Csfar, Suet. 'Jul. 22, \3 24. Cic. Fam. i. 7. (See p. 23, 114.) And it is remarkable, that the timid compliance of Cicero with the ambitious views of Caefar, in granting him the continuation of his command, and money for the payment of his troops, with other immoderate and unconftitutional con- ceflions, de Provijic. Conful. &. pro Balho, 27. although he fecretly condemned them, Fam. i. 7. Attic, ii. 17. x. 6. prov- ed fatal to himfelf, as well as to the republic. The t6rufeBi)j and ail his public and domeflic at- tendants, Cic. Verr. n. 10. Among thefe were young noble- men, who went with him to learn the art of war, and to fee the metliod of conducting public bulinefs ; who, on account ef their intimacv. were called CONTUBERN ALES, Cic. pro. Cal. Provincial Magistrates. i5r CceL 30. pro Plane. 11. From this retinue under the repu- blic, women were excluded, but not fo under the emperors, "Tacit. Ann. iii. T,^, X^ 34. Suet. OElav. 34, A proconfiil fet out for his province with great pomp. Hav- ing offered up vows in the capitol, {yotis 171 capitolio nunc upatis^ ^ drelled in liis military robe, (paludatus), with twelve lictors going before him, carrying the Jajces andjl'ci/res, and with the other eniigus of command, he went out of the city with all hLs retinue. From thence he either went ftraightway to the province, or if he was detained by buiinefs, by the interpofition of the tribunes, or by bad omens, Plutarch, in Crajfo; Cic. Di~ vin. i. 16. ii. 9. Flor. iii. 11. Dio. xxxvii. 50. heftaidfor fome time without the city, for he could not be v/ithin it while in- vefted with military command. His friends, and fometimes the other citizens, out of refpett accompanied him (officii cau- fdy profeqiichantur~), for fome fpace out of the city with their good wiflies, Liv. xlii. 49. xlv. 59. When he reached the province, he fent notice of his arrival to his predeceflbr, that by an interview witli him, lie might know the ftate of the pro- vince ; for his command commenced on the day of his ar- rival ; and by the CORNELIAN law, the former proconful was obliged to depart within thirty days after, Cic. Fam. iii. 6. A proconful in his province bad both judicial authority and military command, (^potejlatetn vc\jurifdi£iioiicm etirriperiuni). He ufed fo to divide die year. tljMiie ufiially d/vot ei^l^imm ci to military afTalTs. aM^foe^y^nttrro nrea tice, Cic. Att. vOy^. HC/adminiilere^^ftice much in xhe fame way with the prretor at Rome, according to the laws which had been prefcribed to the province w hen firll fubdued, or according to the regulations which had afterwards been made concerning it by the fenate or people at Rome ; or fi- nally according to his own edifts, which he publiihed in the province concerning every thing of importance, Cic. Att. vi. i. Thefe, if he borrowed them from others, were called TRANS- LATITIA vel Tralatitia, v. -icia; if not, NOVA. He al- %vays publiihed a general edi£l: before he entered on his govern- ment, as the prretor did at Rome. The proconfuls held affixes or courts of juftice, (foru??i\e\ conventus agebat^, in the principal cities of the province, fo that he might go round the vvhole province in a year. He himfelf judged in all public and important caufes ; but matters af lefs confecjuence he referred to his (jus-llor or lieutenants, X CiL\ 1(^2 ROMAN ANTIQUITIES. Cic. Flacc.2i. in Ccecil.i'^. Verr. W.i'^. Suet.JuL'^. andsl- fo to others, Cic. Att.v. 21. ad ^ftatr. i. i. 7. The proconful fummoned thefe meetings, (^conventiis in- dicebat)y by an edift on a certain day, when fuch as had Cdufes to be determined Ihould attend, Liv. xxxi. 29. To this,' Virgilis thought to allude, /Ln.\. 738. Indicit que fo- rum, &.C. The provinces were divided into fo many difliutfls, called CONVENTUS, or circuits, (,0^0,, Plin. Ep. x. 5.) the inha- bitants of which v/ent to a certain city to get their caufes de- termined, and to obtain juftice, {dijceptandi et juri^ ohtinendi caufd cowjeniehant^ Thus Spain was divided into feven cir^ cuits, {in feptem cofivcntus), Plin. iii. 3. The Greeks called conventus agerc, dycs^ui^i ccyav, fc. y./mpct^. So in y^cJ. Apojl. xix. 38. xycg^ccm xyovTo.;., &c. convcntus agttntiir, funt pyoconfules; in jus vocentfe invicem. Hence conventus circumire, Suet. Jul. 7. percurrere, Cccf. viii. 46. for urhes circumire, uhi hi conven- tus agebantur. The proconful chofe ufually twenty of the mofl refpe^lable men of the province, wlio fat with him in council, {(j[ui ci in confilio aderant, ojjidehant^, and were called his council, CON- SILIUM, Conjiliarii, ASSESSORES, et Recupcratores. Hence Conjilium cogere, in confilium advocare, adhihcre} in confdio ejje^ adejje, ajjidere, habere; in confdium ire, viittere, dimittere, &c. The proconful paffed fentence according to the opinion of his council, {de confdii Jententia decrcvit, prontmciavit^, &^c. ' As the governors of provinces wfcre prolfibited from uling any other language than the Latin, in th^funftions of their office, Val. Max. ii. 2, 2. they were always attended by inter- preters, Cic. Ver. iii. 37. Fam. xiii. 54. The judices were chofen differently in different places, according to the rank of the litigants, and the nature of the caufe, Cic. f^err. ii. 13, 15, The proconful had the difpofal {curcitio) of the corn, of the taxes, and in Ihort, of every thing which pertained to the pro- virice. Corn given to the proconful by way of prefent, Vv-as called HONORARIUM, Cic. inFif. i^. If a proconful behaved well he received the highefl honours, Cic. Att. V. 21. z%,Jiatues, temples, braxen horfes, &:c. which through flattery ufed indeed to be erected of courfe to all go- vernors, thougli everfo corrupt and opprefTive. Feflival days alfo ufed to be appointed ; as in honour of Marcellus, Provincial Magistrates. 163 Marcellus, (Marcellea, -oriwi), in Sicily, and of CV^ Mu- cins Scctvola, (Mucea), in Afia, Cic. Verr. ii. 21. 10. 13. If a governor did not behave well, he might afterwards be brouglit tohis trial ; i. for extortion, (REPETUNDARUM), if he had made unjuft exaftions, or had even received prefents, Plin. Ep. iv. 9.-2. for peculation, (PECULATUS), if he had embezzled the public money ; hence called peculator, or depeculator, Afcon. i?t Cic. Verr. AB. i. i. — and 3. for v.'hat was called crimen MAJESTATIS, if he had betrayed his army or province to the enemy, or led the army out of the province, and made war on any prince or flate without the or- der of the people or the decree of the fenate. Various laws were made tofecui-ethejuft adminiilration of the provinces, but thefe were infufficient to check the rapaci- ty of the Roman magiftrates. Hence the provinces were niiferably opprefled by their exaiflions. Not only the avarice of the governor was to be gratified, but that of all his officers and dependents ; as, his lieutenants, tribunes, prsefecls, &:c. and even of his freedmen and favourite flaves, yuvenal. viii. 87 — 130. The pretexts for exacting money v/ere various. The towns and villages through which the governors paiTed, were obliged, by the JULIAN law, to fupply them and their retinue with forage and wood for firing, Cic. Att. v, 16. The wealthier • cities paid large contributions for being exempted from fur- nifbiing winter-quarters to the army. Thus the inhabitants of Cyprus alone paid yearly on this account 200 talents, or about 40,0001. Cic. Att. V. 21. Anciently a proconful, when he had gained a viftory, ufed to have golden crowns fent him, not only from the different cities of his own province, but alfo from the neighbouring ftates, Liv. xxxviii. 37. 14. which were carried before him. in his triumph. Id. xxxvii. 58. xxxix. 5, 7. 29. xl. 43. Dio^ xlii. 49. Afterwards the cities of the province, inllead of fending crowns, paid money on this account, which was call- ed AURUM CORONARIUM, and was fometimes exaded as a tribute, Cic. in Pif. 37. A procoidVil, when the annual term of his governm.ent was elapfed, delivered up the province and ^m\.j to his fuccelTor, if he arrived in time, and left the province within thirty days ; But firfl he was obliged to depolit in two of the principal cities of his jurifdiftion, an account of the money which had paffed tlirough his own or his officers hands, ftated and balanced, X 2 {apud i64 ROMAN antiquities: (jipud duas civitateSf qua rnnxima: 'Didet-entur, rationes confeBas' et confoUdiitas deponere), Cic. Fam, v. 20. If his fuccefl'or did not arrive, he neverthelefs departed, leaving his lieutenant, or more frequently his quseftor, to command in the province, Cic. Fam. ii. 15. Att. vi. ^.6. When a proconful returned to Rome, he entered the city as a private perfon, unlefs he claimed a triumph ; in which cafe he did not enter the city, but gave an account of his ex- ploits to the fenate affembled in the temple of Bellona, or in fome other temple without the city, Liv. iii. 6'^. xxxviii. 45. Dio, xlix, 15 In the mean time he ufually waited near the city- till the matter Avas determined, whence he was faid ad 7irbem ejfe. Sail. Cat. 30. and retained the title of IMPERATOR, which his foldiers had given him upon his viftory, wn"th the badges of command, his liBors, zudfafcesy &c. Appian fays that in his time no one was called imperator, unlefs io,oco of the enemy had been flain, de Bell. Civ. Vi.p. 455. When any one had pretenlions to a triumph, his fafces were alway.s wreathed with laurel, Cic. F(wi. ii. 16. yltt. x. 10. as the let- ters were which he fent to the fenate concerning his viftory, Cic. in PiJ. 17. Sometimes when the matter was long of be- ing determined, he retired to fome diflance from Rome, Cic. Att. vii. 15. If he obtained a triumph, a bill was propofed to the peo- ple, that he fhould have military command, {iit ei imperiuvi ejfet) on the day of his triumph, Liv. xlv. 35. Cic. Att. iv. 16. for without this no one could have military command within the city. Then he was obliged by the JULIAN law, within thirty days Co give in to the treafury an exaft copy of the accounts, which he had left in the province, {cafdem rationes totidem "oer- his referre ad cerarium), Cic. Att. v. 20. At the fame time he recommended thofe, who deferved public rewards for their ferv^ices, (zV/ heneficiis ad cxrarium detulit^ Cic. ibid, et pro Arch. 5. What has been faid concerning a proconful, took place with rcfpedt to a propraetor ; unlefs that a proconful had twelve liftors, and a propraetor only fix. The army and retinue of the one were likewife commonly greater than that of the other. The provinces to which proconluls were fent, \vere called Pro- CONSULARES; propraetor?, Pn^ETORiZi, Dio, liii. 14. PROVINCIAL Provijtcial Magistkatzs, iCj PROVINCIAL MAGISTRATES wider the EM- PERORS. A Ugustus made a new partition of the provinces. Thofe which were peaceable and lefs expofed to an enemy, he left to the management of the fenate and people ; but of fuch as were more flrong, and open to hoilile invallons, and where of courfe, it was neceflarj to fupport greater armies, he under- took the government himfelf, (^regendas ipfg fufcepit). Suet. Aug. 47. This he did under pretext of eafmg the fenate and people of the trouble, but in realitj to increafe his own power, by affuming the commiand of the army entirely .to him- felf. The provinces under the direction of the fenate and people, (PROVINCI^ SENATORI/E et POPULAPvES vel Publi- t\t^, at firft were Africa propria, or the territories of Carthage, Numidia, Cyrene ; AfiUy (which when put for a province, compreliended only the countries along the Fropontis and the xEgean Sea, namely, thrygia, Myfia, Caria, Lydia, Cic. pro Flacc. 27,) Bithynia znd PonJ^us, Grcecia zvAEpirus, Dalma- tian Macedonia, Sicilia, Sardinia, Creta, and Hifpania Eatica, Dio. liii. 12. The provinces of the emperor (PROVI^XIiE BIPERA- TORIi^, vel Ccefarum,^ were Hifpania Tarraconenfis and Lu- fitania, Gallia, Calofyria, Phcenicia, Cilicia, Cyprus, JEgyptus^ to which others were afterwards added. But the condition of thefe provinces v;as often changed ; fo that they were trans- ferred from the fenate and people to the emperor, and the contrary, Dio, liii. 12. liv. 4. 3. Straho, xvii. Hn. The pro- vinces of the emperor feem to have been in a better date than chofe of the fenate and people, Tacit. Annal. i. 76. The magiflrates fent to govern the provinces of the fenate and people, were called PROCONSULES, although fometimes only of praetorian rank, Dio, liii. 13. The fenate appointed them by lot, (fortito mittebant), out of thofe Avho had borne a magiiiracy in the city at leall five years before. Suet. Aug. 36. Vefp. 4. Flin. Ep. ii. 13. Dio, liii. 14. They had the fame badges of authority as the proconfuls had formerly ; but they had only a civil power, (pctcftas vel iurifdiSlio), a;id no 166 ROMAN ANTIQUITIES. no military command (imperiuni), nor difpofal of the taxes. The taxes were collefted, and the foldiers in their provinces commanded by officers appointed by Augullus. Their autho- rity laftcd only for one year, and they left the province im- mediately when a fucceffor was fent, Dio. ibid. Thofe whom the emperor fent to command his provinces were called LEGATI CvESARIS/)ro Confule, Proprcetores,vel p7'o Pratore, Dio. liii. 13. Confu/ares Legaii, Suet. Tih. /^i. Confidares ReBores, Suet. Vefp. 8. or fimply, Conjhlares, Suet. Tib. 32. Tacit. Hift. ii. 97. and Legatij Suet. Vefp. 4. alfo Pref/ides^ Prcefe£ii, CorreBores, &c. The governor of ^gypt was ufually called PR^^FEC- TUS, Suet. Vefp. 6. or, PrafeBus Augujlalisy Digell. and was the lirft imperatorial legate that was appointed. There was faid to be an ancient prediftion concerning 7^- gypt, that it would recover its liberty when the Romany^^'j- and pr..texta Ihould come to it, Cic. Fam. i. 7. Trebell. Poll, in JiLmihan. Auguftus artfully converting this to his own pur- pofe, claimed that province to himfelf, and difcharging a fe- nator from going to it without permifiion, liio, li. 17. he fent thither a governor of equeftrian rank, without the ufual en- figns of authority, 'Tacit. Ann. ix. ^g. Suet. 'Tib. ^^. To him was joined a perfon to affifl in adminillering juflice, called JuRiDicus Alexandrine civitatis, PandeB. (0 o*y-« they were very freq^uent, Tacit. Ann. i. 11. 73. Bioy Ivi. 46. It was likewife decreed in honour of Auguftus, that when the prieils oiTeretl up vows for the fafety of the people and fe- nate, they Ihould do the fame for him, Z)/o, li. 19. fo for die fucceeding emperors, Tacit. Ann. iv. 17. particularly at the beginning of the year, Id. xvi. 22. on the 3d of January, Did, lix. 24. — alfo, that in all public and private entertain- ments, libations ihould be made to him with wilhes for his fafety, Iiio,\\. 19. Ovid. Fa ft. ii. 637. Pont. li. 3. :ilt. as to the Lares and other gods, Horat. Od. iv. 5. 33. On public occaiions the emperors wore a crown and a tri- umphal robe, Dio, li. 20. Tacit. Atmal. xiii. 8. They alfo u- fed a particular badge, of having fire carried before them, He- rodian. i. 8. 8. i. 16. 9. ii. 5. Marcus Antoninus calls it a lamp, i. 17. probably borrowed from the Perfians, Xcnoph. Cyrop. viii. iii. />. 215. . Animian. xxiii. 6. Something fimilar feems to have been ufed by the magiftrates of the municipal towns ; prundc batillus, v. ~um, a pan of burning coals, or a portable hearth, (Jocus portatilis), in which incenfe was burnt j a perfumed Hove, Horat. Sat. i. 5. ^i^. Dioclefian introduced the cuilom of kneeling to tlie empe- rors, (adorarifejujjit, cum ante eiim cunBi falutarentur^, Eu- trop. ix. 16. Aurelius Victor, de C^ef. r. 39. fay^, that the fame thing was done to Caligula and Domitian. So Dioy lix. 4, 27, 28. Auguftus,, at firil, ufed the powers conferred on him with great moderation ; as indeed all the firft emperors did in the beginning of their government, £)/ difciplinay the knowledge of law, Cic. Legg.'i. 5. in- telligentia, Phil. ix. 5. inter pretatio. Off. i. li. STUDlOSi/V/r/j-, i. e. jurifprudeiiti(t. Suet. Net. 32. Gell. xii. 13. Confultiy periti, 8^c. Lawyers, Cic. Jure et legihus, by common and ftatute law, Cic. Verr. i. 42, 44. So Horace, Vir homis ejl quis / ^hii confulta patrum^ quiX^a^?,^ 'yxxz^\xt.Jerv(tty \3c. Epifl. i. xvi. 40. Jura, daiat legefque viris, Virg. JEn. i- 509. But Jura is often put for laws in general ; thus, Kovajiira condere, Liv. iii. 33. Jura invent'a mctu injvjli fateare ?iecej/e eft, Horat. Sat. I. iii. ill. Art. P. 122,398. civicajura re- /pondere, Ep. i. 3. 23. Jus and ^QUITAS are diftinguiflied, Cic. Off. \i\ 16. Virg. li. 426. jus ^vAjuJlitia; jus civile and /f^fj", Phil. ix. 5. bo JEqttiim et honum ia oppofed to callidum verfiittnnquejus, an art- ful interpretation of a written law, Ctrcin. 23. SiiTTmiumjus, the rigour of the law, fumma injuria, OWi i. 11. Sum?nojurs agercy contendere, experire, &:c. to try the utmoft flretch of law. Jus vel jura ^uiritium, civium, S-c See p. 42. &c. JlJRAJanguinis, cognationis, &cc. iieccffitudo, \.jus neceffi- tudinis, relationfhip. Suet. Calig. 26. Jus regni, a right to the crown, Liv. i. 49. Ho?iorum, to preferments, "Tacit, xiv. 5. ^uihus per fraudemjus fuit, power or authority, Sailuji. Jug. 3. j'us luxurLi puhliccs datum ejl, a licence, Senec. Epiji. 18. ^^dbtisfallere ac furari jus erat^ Suet. Ner. 16. hijtts et ditionem \t\potcjiatcm ahcujus venire, concedere, Liv. & Sail. Habere jus in allquem ; jui juris ejje ac mancipii, i. e. fui arhitrii et ?iemini parere, to be one's own mafler, Cic. In controverfo jure ejl, it is a point of law not fixed or determined, lAv. iii. 55. ]ijsdicere vclreddere, to adminifter juflice. Dare jus gra- tiis, to facrifice juflice to interefl, Liv. Jus is alfo put for the place where juflice is adminiflered ; ^hus, In jus EAMUS, i. e. ad prcetoris jellam, Bonat. iji Ter. Phorm. V. 7, 43,&: 88. Injure, i.e. apud prttorem, Plaut. Rud. iii. 6. 28. Men. iv. 2. 19. Dejure currere, from court, Cic. ^jiint. 25. * LEX is often taken in tlic fame general fenfe with Jus : tlius, LexejlreBa ratio imperandi atque prohibendi, a numine de- orumtrana;jujloru7ui::J!ijlorumquedijlin8io; £ternuincmidd«';/;;z only comprehended laws properly fo called, Digejl. de orig. jur. All thefe are frequently enumerated or alluded to by Cicero, who calls them FovTES ,T.Qj.'TT.\Tis, To^iV. ^. \i}c. ad Hirenn. ii. iq. A a ^ LAWS i86 ROMAN ANTIQUITIE.S, 'LK'W^ofthe DECEMVIRI, or, 77^f XII TABLES. ■\ ZArious authors have endeavoured to colleft and arrange ' the fragments of the Twelve Tables. Of thefe the mofl eminent is Godfrey, (^yacohtis Gothofredus.^ According to his account, The I. table is fuppofed to have treated of law-fuits , the II. of theft and robberies ; III. of loans, and tlie right of cre- ditors over their debtors : IV. of the right of fathers of fami- lies ; V. of inheritances and guardianfhips ; VI. of propertj and pofleffion ; VII. of trefpalTes and damages ; VIII. of e- flates in the country ; IX. of the commoii rights of the peo- ple ; X. of funerals, and all ceremonies relating to the dead ; XI. of the worfliip of the gods, and of religion ; XII. of mar- riages, and the right of hulbands. Several ancient lawyers are faid to have commented on thefe laws, Cic. de legg. ii. 23. Pliyi. xiv. 13. but their works arc loft. The fragments of the Twelve Tables have been colledled from various authors, many of them from Cicero. The law5 are in general very briefly expreffed : thus. Si in jus vocet, atque (i. e. Jiati?n) eat. Si membrum rupsit Q-uperit'), xi cuivi eo pacit (pacifce- tur), TALIO ESTO. Si FALSUM TESTIMONIUM DICASSIT (jlixerif) SAXO DEJICI- TOR. Privilegia ne irroganto ; fc. magijlratus. De capite {de vita, lihertate, etjtire) civis RoMANi, Nisr PER MAXIMUM cexturiatum Qper comitia centuriata) NE FE- runto. Quod postremum populus jussit, id jus ratum esto. HOMINEM MORTUUM IN URBE NE SEPELITO, NEVE URITO. Ad Divos adeunto caste : pietatem adhibento : opes amovento. Qui secus faxit, Deus ipse vindex erit. Feriis jurgia amovento. Ex patriis ritibus optima COLUNTO. PeRJURII poena DIVINA, EXITIUM ; HUMANA, DEDECU5. ImPIUS NE AUDETO PLACARE BONIS IRAM DeoRUM. Neoj-'is Laws of the Romans. 187 Nequis agrum consecrato, auri, argenti, eboris sa. crandi modus esto. The mod important particulars in the fragments of the Twelve Tables come naturally to be mentioned and explained dfevvhere in various places. After the publication of the Twelve Tables, every one un- derflood what was his right, but did not know the way to ob- tain it. For this they depended ou the affiilance of their pa- trons. From the Twelves Tables were compofed certain rites and forms, ivhich were neceffary to be obferved in profecuting law fuits, (^quihus inter Jc homines difceptarent), called ACTIO- NES LEGIS. The forms ufed in making bargains, in trans- ferring property, &c. were called ACTUS LEGITIMI. There were alfo certain days on which a law-fuit could be raifed, {jjuando hge agi pOjffet\ or juftice could be lawfully ad- miniilered, (^dies FASTI), and others on which that could not be done, (NEFASTI) ; and fome on which it could be done for one part of the day, and not for another, CINTERCI- SI). The knowledge of all thefe things was confined to the patricians, and chiefly to the Pontifices^ for many years ; till one Cn Flavius, the fon of a freedman, the fcribe or clerk of Appius Claudius Cascus, a lawyer, who had arranged in writ- ing thefe ciEilones and days. Hole or copied the book which Ap- pius had compofed, and publifhed it, A. U. 440, (fajios pu- blicavit, et actiones primum edidif). In return for which favour he was made curule aedile by the people, and afterwards prae- tor. From him the book was called JUS CIVILE FLAVI A- NUM, Liv. ix. 46. Cic. de Orat. i. 41. Mur^n. li. Att. yi. I. 1. 2. § 7. D. de orig. juris. Gell. vi. 9. Valer. Max. ii. 5. 2. Plin. xxxiii, 1. f. 6. The patricians, vexed at this, contrived new forms of pro- cefs ; and to prevent their being made public, exprefled them in writing by certain fecret marks, (NCTIS, Cic. pro Mur. 11, fomewhat like what are now ufed in writing fliort-hand), or, as others think, by putting one letter for another, (as Auguf- tus did. Suet. Aug. 88.) or one letter for a whole word, (^per SIGLAS, as it is called by later writers). However, thefe forms alfo were publifhed by Sextus v^lius Catus, (who for his knowledge in the civil law, is called by Ennius egregie corda~ tus homo, a remarkably wife man, Cic. de. Orat. i. 45.) His book was named JUS .^LIANUM. A a 2 The iJiS ROMAN ANTIQJJITIES. The only thing now left to the patricians wr.s the interpre- tation of the law ; which was long peculiar to that order, and the mcaiis of railing feveral of them to the higheit honours of the Hate- The origin of lawyers at Home was derived from the infti- tution of patronage. (See p. 30.) It was one of the offices of a patron, to explain the law to his clients, and manage their law-fuits. TITUS COF.UNCANIUS, who was the firfl plebeian Pontifex Maxiraus, A. U. 500, Liv. epit. 18. is faid to have been the firfl who gave his advice freely to all the citi- zens without diftinft ion, /. 2. ^ 35.8^38. D. de orig.jur. whom many afterwards imitated ; as, Manilius, Crailusa Mucius Scaevola, C, Aguilius, Qallus, Trebatius, Sulpicius, Thofe who profefled to give advice to all prorcifcuoufly, u- fed to walk acrofs the forum, (tranfveffoforo^, and were appli- ed to (^adeos adibntur^ there, or at their own houfes. Cic, 0- rat. iii. 2Z' Such as were celebrated for their knowledge in law, often had their doors befet with clients before day-break, lior. Sat. i. I. v. 9. Ktiiji. ii. 1. 103. for their gate was open to all, {cuiiBis januafaiehaty Tibull. i. 4. 78.) and the houfe: of an emir.eut law^-er was as it were the oracle of the whole ci- ty, Cic. de Grat. i. 45. Hence Cicero calls their power Reg-. 2CUM JUDICIALE, yitt. i. I. The lawyer gave his anfwsrs from an elevated feat, (jx folio, tanqiia7n ex tripode), Cic. dc legg. i. 3. Orat. ii. t^}^, iii. 33^ The client coming up to him faid. Licet consulere ? Cic, pro Mur. 13. The lawyer anfwered, Consule. Then tl'iG matter was propofed, asd an aniwer returned very lliortly j thus, Qu.T.RO AN EXISTIMES ? vel, Id JUS EST NECNE ? SeCUKDUM EA, QJ.'.^il PROrONUNTUR, EXISTIMO, PLACET, PUTO, Horat. Sat. ii. 3. ic)2. Lawyers gave their opinions cither hj word of mouth, or in writing ; commonly without an} :.. 17. Muracn.j-^. Ccccin. 2d. Gel'.xiiu I90 ROMAN ANTIQUITtES. 13. Plin. Ep. iv. 22. vi. 1 1. and certain number of them at- tended every proconiul and propraetor to his province. Auguftus granted the liberty of anfwering in queftions of law only to particular perfons, and reftricled the judges not to deviate from their opinion, /. 2. § ult. D. de orig.jur. that thus he might bend the laws, and make them fubfer^-ient to defpotifra. His fucceffors, (except Caligula, 6'.v<'?. 34.) imi- tated this example ; till Adrian rellored to lawyers their for- mer liberty. Dig. ibid, which they are fuppofed to have re- tained to the time of Severus. Vv^hat alterations after that took place, is not fufficiently afcertained. Of the lawyers who flourilhed under the emperors, the moil remarkable were M.ANTISTIUS LABEO, (incorruptce libe7-- tatis vir. Tacit. Annal. iii. 75. Gell. xiii. 12.) and C. ATEI- US CxAPITO (cujus ohfeqiiium dominantihus magis prohalatur^ Tacit, ibid ) under Auguftus ; and thefe two, from their different characlers and opinions, gave rife to various fecl:s of lawyers after them : CASSIUS, under Claudius, {CaJJiance fchoLe princcbs), Plin. Ep. vii. 24. SALVIUS JULIANUS, under Hadrian ; POMPONIUS, under Julian ; CAIUS, un- der the Antonines ; PAPINIANUS, under Severus ; ULPI- ANUS and PAULUS, under Alexander Severus; HER- MOGENES, under Conflantine, &-C. Under the republic, young men who intended to devote themfelves to the lludy of jurifprudence, after finiiiii.ng the ufual ftudies of grammar, Grecian literature, and philolophy, (C?V. in Brut. 80. Off. i. l. Suet, de clar. Rhet. I. c^ 2. Jiudiii. LIEERALIA v. KUMAXiTATis, Pliitarch. in Lticull. princ.^ ufu- ally attached themfelves to fome eminent lawyer, as Cicero did to Q^ Mucins Scaevola, Cic. de Amic. i. whom they always attended, that they might derive knowledge from his experi- ence and converfation. For thefe illuftrious men did not open fchools for teaching law, as the lawyers afterwards did under the emperors, whofe fcholars were called AUDITORES^ Senec. Contv. 25. The writings of feveral of thefe lawyers came to be as muck rcfpeftcd in courts of juitice {iifufori), as the laws themfelves, /. 2. ^ 38. D. de orig. juris. But this happened only by tacit confent. Thofe laws only had a binduTg force, whicli were folemnly enacled by the whole Roman people alTembled in the Comtia. Of thefe, the following are the chief. LAWS Laws of tie Romans. 191 LAWS of the ROMANS made at different times. ZjEXACILTA, I. About tranfportins; colonies, {de coloniia dediicendis), bj the tribune C. Acllius, A. U. 536, Vw. xxxiii. 29. ^. About extortion, {de rehetundi^), by Manius Acilius Glabrio, a tribune, (Ibme fay couful), A, U. 683, That in trials for this crime, lentence fhould be' paiTed, after the caufe was once pleaded (femel diSd cuuf-t) a'ld that there Ihould not be a fecond hearing, {fie reus camper endinaretur^y Cic, prooem. in Verr. 17. i. 9. Afcon. in Cic. Lex T^BUTIA, by the tribune iEbutius, prohibiting the propofer of a law concerning any charge or power, from con- ferring that charge or power on himlelf, his colleagues, 01: relations, Cic. in Rull. ii 8 Another concerning the 'Judices, called Ccntitm'vtri, which is faid to have diminiihed the obligation of the Twelve Tables, and to have abolifhed various cuftoms which they ordained, Gell. xvi. 10. ix. 18. efpecially that curious cuftom borrowed from the Athenians, {Arijloph. in nuh. v. 498 Plato, de legg. xii.) of fearching for flolen goods without any cloaths on but a girdle round the waift, and a malic on the face, (FUR- TORUM QUiESTIO CUM LANCE ET LICIO), GelL ibid. Feflus in Lance. When the goods were found, it was called FURTUM CONCEPTUM, Infi. ii. 10. 3. Lex yELIA et FUSIA de comitiis, — two feparate laws, al- though fometimes joined by Cicero. The firfl by Q_^ ^li- us Pcetus, conful, A. U. 586, ordained, that when the coW- tia were held for palling laws, the magiftrates, or the augurs by their authority, might take obfervations from the heavens, {de cielofervarent^ ; and, if the omens were unfavourable, the magiftrate might prevent or diiTolve the aiTembly, {comitiis ob- nunciuret), and that magiftrates of equal authority with the perfon who held the affembly, or a tribune, might give their negative to any law, {legi inter cedcre?it')y Cic. pro Sext. i ij. 53. poll. red. in Sen. 5. de prov. Conf. 19. in Vatin. 9. Pif. 4. Att. ii. 9. Thf fecond, Zt'A.- FUSIA, orFuFiA, by P. Furius, conful A. U. 617, or by one FuEus or Fufius, a tri- .^ bune. 192 ROMAN x\NTIQUITIE3; tune, That it fnould not be lawful to ena£l laws on ail the dUs fajli, Cic. ibid. See p. 89. Lex JELIA SENTIA, by the confuls iEIius and Senti- U3, A. U. 756, about the manuminiori of flaves, and the condition of thofe who were made free. Suet. Aug. 40, See p. 41. Lex .^MILLV, about the cenfors. See p. 127. Lex -(EMILIA Sumptuaria vel Cibaria^ by M. i^milius Lepidus, conful. A, 675, limiting the kind and quantity of meats to be ui'ed at an entertainment, Macroh. Sat. v.. 13. Cell, iii 24. Pliny aicribes this law to Marcus Scanrus, viii. 57. So Ailrel. Vicl. dc vir.ilhijir. 72. Lcgei AGRARIiE ; Cajjici, Licmia, Tlaminia, Sempronia^ ^horia, Corrulu:, Scrvilia, Flavia, yulia, Mc.mi^ia. Leges d$ AMBI 1. U ; Fahia, Calpuniia, 'Tullia, Aujidia, Licinici) PoTTTpeiai Leges ANNALES vel Afir.arice See p. 105. Lex ANTIA Sumptuaria, by Antius Reftio, tlie year un- certain ; limiting the expence of entertainments, and ordaining that no aftual magiitrate^ or magiftrate eleft, fliould go any where to fup but w-ith particular perfons, Gell. ii. 24. Antius fceinj: his wholefome reT:ulations infufiicient to check the lux- ury of the times, never after fupped abroad, that he might not witnefs the violation of his own law, Macroh. ii. 13. Leges ANTONIi^, propofed by Antony after the death of Caefar, about abolifiilng the office of diclator, confirming the acls of Caefar, (Acta C.^saris), planting colonies, giving away kingdoms and provinces, granting leagues and immuni- ties, admitting officers in the army among jurjnnen ; allow- ing thofe condemned for violence and crimes againft the ilat(? to appeal to the people, wliich Cicero calls the deftruclion of all laws, &c. Cic. PhiL\. 1.9. ii. 3, 36, 37, 3S. v* 34. xiii. 3, 5. ylit. xlv. 12. Dio Caf.xlv. 28. Appian. de hell. civ. iii. transferring the right of choofing priefts from the people to the different colleges, Dio, xllv.^w. Sec. Leges APPULEIiE, propofed by L. Appuleius Saturnmus- A. (>$^t tribune of the commons ; about dividing the public lands among the veteran foldiers, AiiYel. Vicl. de vir. illujlr. 73. fettling colonies, Cic. pro Balb. it. punifiiing crimes a- gainft the flate, {de 7najej}ate^, Cic. de orat ii. 25, 40. furniili- ing corn to the poor people, at -Jf of an afs, a bufhel, (femif- fe et triente, i.e. dextante \t\ decuiice : See Leges Sempronict), Cic. ad Herenn. i. 12. de le^g. ii. 6. Satuminus Laws of the Ro man s . 193 Saturhinus alfo got a law j^afled, that all the fenators fKould be obliged, within five days, to approve upon oath of whaL the people enaded, under the penalty of a heavy fine ; anil the virtuous Metcllus Numidicus was baniflied, becaufe he a- lone would not comply, (jjuod in legem vi lat am jur are nolle t)y Cic. pro Sext. 16. Dom. 31. Cluent. 35. Viclor de Vir. il- luft. 62. But Saturninus himielf -^-as foon after (lain for paf- ling thefe laws by the command of Marius, who had at firil encouraged him to propofe them, Cic. pro Rabir. perd. 7. 11. and who by his artifice had effecled the banifliment of Metel- lus, Plutarch, in Mar. Appian. de Bell. Civ. i. 367. Lex AQUILLIA, A. U. 672, about hurt wrongfully done, {de damno injuria dato') Cic. inBruto, 34. Another A. U. 687, {de dolo malo')y Cic. de Nat. Deor. iii 30. Off. iii. 14. Lex ATERIA TARPEIA, A. U. 300, that all magift rates might fine thofe who violated their authority, but not above two oxen and thirty iheep, Dionyf. x. 50. After the Romans began to ufe coined money, an ox was eftimated at IC3 aJJeSf and a fheep at ten, Fejius in peculatls. Lex ATIA, by a tribune, A. U. 69c, repealing the Cor- nelian law, and reftoring the Domitian, in the election of priefts, Dio, xxxvii. 37. Lex ATILIA de dedititiis, A. U. 543, Liv. xxvi. 33 An- other de tutoribiis, A. U. 443, That guardians ihould be ap- pointed for orphans and women, by the praetor and a majori- ty of the tribunes, Ulpian. in Fragm. Liv. xxxix. 9. See p. 62. Another, A. U. 443, That fixteen military tribunes fliould be created by the people for four legions ; that is, two thirds of the whole. For in four legions, the number which then ufed annually to be raifed, there were twenty-four tri- bunes, fix in each : of whom by this law four were appointed by the people, and two by the confuls. Thofe chofen by the people were called COMITIATI; by the confuls, RUTILI or RUFULI. At firil they feem to have been all nominated by thekinge, confuls, or dictators, till the year 393, when the people afl"amed the right of annually appointing fix, Liv. vii. 5. ix. 30. Afcon. in Cic. Afterwards the manner of chufinff them varied. Sometimes the people created the whole, fonie- times only a part. But as they, tlixough intereft, often ap- pointed improper perfons, the choice was fometimes left, ef- ^ b peci^ljv i>4 ROMAN ANTIQ^UTTIES pecially in dangerous junftures, entirely to the confuls, Liv. xlii. 31. xliii. 12. xliv. 21. Lex ATINIA-, A. U. 623, about making the tribunes of the commons fenators, Gell. xiv. 8 Another, That the property of things flolen could not be acquired by poffefiion, (jifucapioiie) : The words of the law were, Quod surreftum ERIT, EJUS iLTERNA AUCTORITAS ESTO. (See p. 54.) Gc//. xvii. 7. Cic. in J^crr. i. 42. Lex KGYlTilKde Amlitii, A. U. 692. It contained this lingular claufe, That if a candidate promifed money to a tribe, and did not pay it, he fhould be excufed ; but if he did pay it, he fhould be obliged to pay to every tribe a yearly fine of 30CC fcjlertii as lorg as he lived. Cic. Att. i. 16. Lex AURELIAy^i^/rfl'nV?, by L. Aurelius Cotta, praetor, A. U. 683, ThatyWzVfj or jurymen fliould be chofen from the fenators, Equites, and "Tribi/ni /Erarii. — The lail were officers chofen from the plebeians, who kept and gave out the money for defraying the exj>ences of the army, Afcon. in Cic. — Cic, pro Plane. 8. Att. i. 16. Fejlus. Another, by C. Aurelius Cotta, conful, A. U. 678, That thofe who had been tribunes might enjoy other offices, which had been prohibited by Sulla, A/con. in Cic. Lex B-'EBIA, A. U. 574, about the number of praetors. (See p. 125.) — Another againft bribery, A. U. 571, Lit'. xl. 19. Lex CECILIA DIDIA, or et Didia, or Didia et Ccecilia, A. U. ^SS^ That laws fhould be promulgated for three mar- ket-days, and that feveral diftincl things fhould not be inclu- ded in the fame law, which was ciSi&di. f err e per fatiir 0.77: ^ Cic. Att. ii. 9. Phil. V. 3. pro Dom. 20. Another againfl bribery, Cic. pro Sull. 22, 23. Another, A. U. 693, about exempting the city and Italy from taxes, 2)/o, xxxvii. 51. Lex C ALPURNIA, A. U. 604, againfl extortion, by wjiich law the firfl qu.rjlio perpctua was eftablilhcd, Cic. J'^crr. iv. 25. ' Another, called alfo Aciha, concerning bribery, A. 686, Cic. pro Mur. 23. Brut. 27. SalL Cat. 18. Lex C ANULEIA, by a tribune, A. 309, about the inter- marriage of the patricians with the plebeians, Liij. iv. 6. Lex CASSIA, That thofe v.Lom the people condemned fhould be excluded from the fenate, A/con. in Cic. pro Corn. Another Laws of the Romans. 195 .\uother about fupplying the fenate, Tacit, xi, 25. Another, That the people fliould vote by ballot, Sec. See p. 92. Lex CASSIA TERENTIAFr«w^«/ftrw, bjtheConluls C. . CafTius and M. Tereatius, A. 6S0, ordaining, as it is thought, that five bulhels of corn llioukl be given monthly to each oi" the poorer citizens, which was not more than the allowance of Oaves, Sallujl.hiji.fragm. (p. 974. ed.Cortli), and tl .at mo- ney fhould be annually advanced from the treafury for pur- chafmg SoOjOco bulliels of wheat, (Tritici imperati), at ioViV fejlertii a buftiel ; and a fecond tenth part {alter as decu- 7}ias)y (fee p. 71.) at xhxtQfeJiertii 2i bufliel, (pro decuman o)^ Cic. l^'err. iii. 70. This com was given to the poor people, by the Sempronian law, at ^femis an,d tricns a builicl ; and by the Clodian law, gratis. In the time of AuguRus, we read that 200,000 re- ceived cornfrom thepublic, Dio, Iv. 10. Suet. ^i/g. ^0.42. Jy- lius Cccfar reduced them from 320,000 to 150,000, Suet. 'Jul. 41- Lex CENTURIATA, the name of every ordinance made by the Comitia Centuriata, Cic. in Ruli. ii. 11. Lex CINCIA de donis et ?nunerihus, hence called MUNE- RALIS, Plaut. apud Fejium^ by Cincius a tribune, A. (^49, That no one fliould take money or a prefent for pleading a caufe, Cic. de SeneB. 4. de G, at. ii. 7. Att. i. 20. Tacit. Ann. xi. 5. Liv. xxxiv. 4. Lex QXuh\}V)i\P^denavihus, A. 535, That a fenator fliould not have a veflel above a certain burden. (See p. 6.) A claufe :s fuppofed to have been added to this law, prohibiting the (juallor's clerks from trading, Suet. Dom. 9, Another by Claudius the confvJ, at the renueft of tlie allies, A. 573, That tiie allies, and thofe of the Latin name fliould leave Rome, and return to their own cities. According to this law tlie confu! made an edicc ; and a decree of the fenate was added, That for the future no perfon Ihould be manumit- ted, unlefs both mafter and fiave fwore, that he was not ma- numitted for the lake of changing his city. For the allies u- fed to give their children as flaves to any Roman citizen on condition of their being manumitted, {lit Uhertini cives ejfent') Liv.-xii. 8, & 9. Cic. pro Kalb. 23. by the Emncror Claudius, That ufurers fliould not lend money to minors, to be paid after the death of their pa- rents. Tacit. Ann. xi. 13. fuppofed to be the fame with what ivas called Senatus-consultum Macedonianum, Uipiafi. B b 2 enforced 196 ROMAN ANTIQUITIES. enforced by Vefpafian, Svet. 11. To this crime Horace aU ludes, Sat. i. 1. v. 14. by the conful Marcellus, 703, That no one fliould be allowed to ftand candidate for an office while abfent ; thus, taking from Csefar the privilege granted him by the Pompeian Jaw ; {C(?Jari privilegium eripiens vel beneficium populi adi- mens^ ; alfo, That the freedom of the city fliould be taken from the colony of Novumcomum, which Caefar had planted, Suet, y 111. 2^. (7/r. F<7OT. xiii. 35. Leges CLODI^, by the tribune P. Clodius, A. 695. •■■■ I. That the corn which had been diftributed to the people for fix ajfes and a tri^iis the bufliel, Ihould be given gratis, Cic. pro Sext. 25. Afcon. in Cic. See p. 195. — — 2. That the cenfors Ihould not expel from the fenate, or inflift any mark of infamy, on any man who was not firft openly accufed and condemned by their joint fentence, Cic. ibid. — in Pi/. 5. Dio, xxxviii. 13. 3. That no one Ihouid take the aufpices, or obferve the heavens, when the people were aflembled on public buii- ncfs ; and, in ihort, that the ^lian and Fulian laws flaould be abrogated. (See p. 89.) Cic. Vat. 6. 7, 9. Sext. 15. 26. Prov. Conf. 19. Afcon. in Pif. 4. 4. That the old companies or fraternities {collegia) of artificers in the city, which the fenate had abolifhed, ihould be reftored, and new ones inftituted, Cic. in Pif. 4. Suet. 'Jul. 42. Thefe laws were intended to pave the way for the follow- 5. That whoever had taken the life of a citizen un- condemned and without a trial, fliould be prohibited from fire and water ; by which law, Cicero, although not named, was plainly pointed at ; X'^ell. ii. 45. and fcon after, by means of a hired mob, his baniiTiment was exprefsly decreed by a fecond law, Cic. pro Dam. 18, 19, 20. pojl red. in Sen. 2, 5, &:c. Cicero had engaged Ninnius a tribune to oppofe thefe laws, but was prevented from ufing his alFifiance, by the artful conduft of ClcidiuSj Z//0, xxxviii. 14. and Pompey, on whofe proteflion he had reafon to rely, betrayed him, Ibid. 17. Plutarch. — Cic. Att. X. 4. Caefar, who was then without the walls with his ar- my, ready to fet out for his province of Gaul, offered to make him one of his lieutenants ; but this, by the advice of Pompey, he declined, Dio, xxxviii. 15. Craflus, although Jecretly inimical to Cicero, ibid, yet, at the perfuafion of his fon Laws of the Romans. 197 fon, who was a great admirer of Cicero's, Clc. ^. fr. ii. 9. did not openlj oppofe him, Clc. Sext. 17, 18. But Clodius de- clared that what h« did was by the authority of the Triumviri, Cic. Sext. 16, 18. and the interpolition of the fenate and Equi- tes, who, to the number of 20,000 changed their habit on Cice- ro's account, Cic. pojl red. ad ^ririt. ^. was rendered abor- tive by means of the confuls Pifo, the father-in-law of Caefar, and Gabinius, the creature of Pompey, Cic. Sexi. n, 12, 13, &c. Cicero therefore, after feveral mean compliances, putting on the habit of a criminal, Dio, xxxviii. 14. and even throw- ing himfelf at the feet o|" Pompey, Cic. Att. x 4. was at lad c-ibliged to leave the city, about the end of March, A. U. 695. He was prohibited from coming within 468 miles of Rome, under pain of death to himfelf, and to any perfon who enter- tained him, Cic. Att. ill. 4. Z)/o, xxxviii. 17. He therefore re- tired to Thellalonica in Macedonia, Cir. Blanc. 41. Red. in Senat. 14. His houfes at P.ome and in the country v/ere burnt, and his furniture plundered, ihid. 7. pro Dom. 24. Cicero did not fupport his exile with fortitude ; but ihewed inarks of dejeftion, and uttered expreflions of grief, unvi^or- thy of his former charafter, Dio, xxxviii. 18. Cir. Att. iii. 7. 8, 9, 10, II, 13, 15, 19, S-c. He was reftorcd with great ho- nour, through the influence of Pompev, by a very unanimous decree of the fenate, and by a law paffed at the Conntia Ceiitu- riata, 4th Augufl the next year, Cic. Att. iv. i . pojl red. ad ^uir. 7. in Senat. 11. Mil. 20. Pif. 15. Dio, xxxix. 8. Had Cicero adled with as much dignity and independence, after he reached the fnmmit of his ambition, as he did with induflry and integrity in afpiring to it, he needed not to have owed his fafety to any one. 6. That the kingdom of Cyprus fliould be taken from Ptolemy, and reduced into the form of a province, Cic. pro Dom. 8. Vdl. ii. 45. the reafon of v>'hich law was, to punilh that king for having refufed Clodius money to pay his ranfom, when taken by the pirates, and to remove Cato out of the way, by app^ii.ting him to execute this order of the people, that he might not thwart the unjuft proceedings of the tribune, nor the views of the triumviri., by whom Clodius was lupported, ('ir.pjro Sext. 1^. %'i. Do?:. 2^. Z//o, xxxviii. 30. xxxix. 22, 7. To reward the confuls Pifo and Gabinius, who had favcurei Clodius ia his meafures, the province of Mace- donia and Greece was by the people given to the former, and IS/ria to tl e litter, Cic. ihid. ic, 24, in Pif, 16. ■ »1 8. A:-Gther 198 ROMAN ANTiquiTIES. 8. Another law was made by Clodius, to give relief to the private members of corporate towns {jniaiicipiornni)^ a- gainll the public injuries of their communities, Cic. pro Bom, 9. Another, to deprive the priefl of Cybele, at Pcfli - nus in phrygia of his office, Cic. Sext. 16. de refp. Harufp. Lex COELIA tabellaria perdmllionis, by Cceliuc a tribune. See p. 92. Leges CORNELIrE, enaded by L. Ccraclius Sylla, the diftacor, A. 672. I. Be prof criptione et prof criptis, againfl his encmicJ, and in favour of his friends. Sylla firil introduced the me^ thod of profcriptiou. Upon his return into the city, after ha- ving conquered the party of Marius, he wrote down the names of thofe wnom he doomed to die, and ordered them to be fix- ed up on tables in the public places of the city, with the pro- miie of a certain reward {duo talenta) for the head of each per- fon fo profcribed. New lifts {tahuU profcriptionis^ were repeat- edly expofed, as new victims occurred to his memory, or, were fuggefted to him. The firft lift contained die names of 40 fenators and 1600 Equites, Appian. B. Civ. i. 409. Incre- dible numbers vv'ere mallacred, not only at Rome, but through all Italy, Bio, Fragm. 137. Whoever liarboured or affiftcda profcribed perfon was put to death, Cic. in Verr. i. 47. The goods of the profcribed were confifcated, Cic. pro Rofc. Amer. 43, 44. /// Rull. iii. 3. and their children declared incapable of honours, VelL Fat. ii. 28. Cic. in Fif. 2. The landj and fortunes of the (lain were divided among the friends of Sylla, SciUuJi. Cat. 5 1 . who were allowed to enjoy preferments be- fore the legal time, Cic. Acad. ii. i . Be MuNiciPiis, That the free towns which had Tided with Marius, fliouid be deprived of their lands, and the riglit of citizens ; the lali of which Cicero fays could not be done, (^iia jure Romano ci'i'itas neviiid inz'ito adi:?:i pctcrat), pro iDom. 3c. Caecin. 33. Sylla being created did.ator with extraordinary powers by L. Valerius Flaccus, the Interrcx, in an aflembly of the peo- ple by centuries, ylppian. B. civ. i. 411. and having there got ratified whatever lie had done or fhould do, by a fpecial law, ^/ive VALTRiA,fivc Cornelia, Cic. prp P^ofc. Atn. 43.) Cic. in Rnll. iii. 2. next proceeded to regulate the ilate, and for that purpofe made many good laws. « 2. Concerninsr Laws of the Romans. ipp 2. Concerning the republic ; the magiflrates, ffeep. io6) the provinces, (fee p. 163.) the power of the tribunes, (fee p. 140.) That t\\e.judices fliould he chofen only from among the fenators : That the prielts Ihould be defied by their refpec- tive colleges, Afcon. ad Cic. Diviti. in Verr. 3. 3. Concerning various ci'imes ; — de Majestate, Cic. in PiJ. 21. pro Cluent. T^y ad Fam.'va. ll. (fee p. 163.) — ^^ Repe- tUNDls, Cic. pro Kahir. 3. (fee p. 126.) de SiCARlls et Ve- NEFicis, thofe who killed a perfon with weapons or poifon ; alfo, who took away the life of another by falfe accufation, &.C. One accufed by this law, was afked whether lie chofe fentence to be palTed on him by voice or by ballot ? (palam, an clnm ?) Cic. pro Cluent. 20. —de Incekdiariis, v/ho fired houfes ; — de Parricidis, who killed a parent or relation ; — de' Falso, againft thofe who forged teftaments or any other deed, who debafed or counterfeited the public coin, (qui in aunim vitii quid addidcrint vcl adulterinos nummos fcccrint)^ Sec. Hence this law is called by Cicero, Cornelia Testamenta- RIA, XUMMARIA, in Verr. i. 42. The punifhment annexed to tliefe laws was generally aquj; et ignis interdi6iio, banilhment. Sylla alfo made a fumptuary law, limiting the expcnce of entertainments, Gf//. ii. 24. Mcicroh. Sat.n. 1^. There were other Lges CORNELI/E, propofed by Cor- nelius the tribune, A. U. 686. That the prsetors in judgino- lliouldnot vary from their edi«Jls. (See p. 121.) That the lenate fh,ould not decree about abfolving any one from the ob- ligation of the laws, without a quorum of at leafl two hundred, Afcoji. in Cic. pro Cornel. Lex CURIA, by Curius Dentatus when tribune, A. U. 454, That the fenate Ihould authorife the comitia for elecl- ing plebeian magillrates, A'ur. ViB. 37. Cic. de clar. Or at. M- ^ Leges CURI AT^T., made by the people aflembled by ciiriie. Seep. 78. Zfji'DECIA, A. U. 442, Th^t Duumviri navaks fnouldbe created for equipping and refitting a fleet, Liv. ix. 3c. Lex 'DYDWfu?77pt!iaria, A. U, 610, limiting the expencc of entertainments, and the number of guefts : That the fump- tuary laws ibould be extended to all the Italians ; and not on- ly the mailer of the fealt, but alfo the guefts, fliould incur a penalty for their offence, Macrob. Sat. ii. i^,. Lex DOMITIA ds facer dotiis, the author Cn. Domitius A- hcnobarbus. 2C0 ROMAN ANTIQJJITIES. henobarbus, a tribune, A. U. 650, That priefts, (i.e. the pontificesy {iugures, and decemviri facrisfaciendis'), ftiould not be chofen by the colleges, as formerly, but by the people, (fee p. 9S.) Suet. Net: 2. Cic. RulL ii. 7. The Fontifex Maxi- 771US and Curio Maximus were, in the firft ages of the republic, always cliofen by the people, Liv. xxv 5. xxvii. 8. Lex DUILIA, by Dviilius a tfibune, A. 504, That whoe- ver left the people without tribunes, or created a magiftrate from whom there was no appeal, fliould be fcourged and be- headed, Liv. iii. ^^. Lex DUILIA M/ENIA de imciario fdenore, A. 396, fixing the intereft of money at one per cent, LiiJ. vii. i6. — Another, makino- it capital for one to call aifemblies of the people at a di fiance from the city, ihid. Lex FABIA deplagio \A plagiaris, againil kidnapping, or ftealing away and retaining freemen or flaves, Cic. pro Rabir. perd.-x. ad^nncl. Fr.'i.^. The puniihment at firll was a fine, but afterwards, to be fent to the mines ; and for buying or fel- ling a free-born citizen, death. Literary thieves, or thofe who Hole the works of others, were &liO called' Plagiarii, Martial, i. ^^. Another, liiniting the number of 5'^^!7?c/-^j- that attended candidates, v\'hen canvafiing for any office. It was prcpofed, but did not pafs, Cic. pro Muntn. 34. The Sectatores, who always attended candidates, were diflinguifhed from the Salutatores, who only waited on them at their houfes in the morning, and then went away ; and from the Deductores, who alio went down with them to the Forum and Campus Martius ; hence called by Martial, Antambulones, ii. 18. Cic. de pet. co?if. See p. 85. Lex FALCIDIA tejiarnentaria, A. 713, Tliat the tcftator fhould leave at leall the fourth part of his fortune to the perfon whom he named his heir, Paul, ad leg. Falcid. — Dio, xlviii. 33. Lex FANNIA, a. 388, limiting the expences of one day at feilivals to ICD ajps, whence the law is called by Lucilius, Centussis ; on ten other days every month, to thirty ; and on all other days, to ten ajjes : alfo, that no other fowl ihould be lerved up, {ne quidvolucrium\e\.volucre poneretur^y except one hen, and that not fattened for the purpofe, {qua: non alti- //j^^), Gell. ii. 24. Macrob. Sat. ii. 13. {quod deinde caput tranjlatuniy per o?nnes leges ambulavit,^ Plin. x. 50. f. 71. Xfx FLAMl^sIA, A. 521. about dividing among the fol~ o diers Laws of the Romans. 201. vliers the lands of Picenum, whence the Ciilli Senoncs had been expelled; which afterwards gave occalion to various wars, Polyb. ii. 21. Cic. Sen. 4. Lex FLAVIA anitiis, A. 694, by a praetor. That in the Comitia "Trihuta the different kinds of people in each tribe, fnould vote feparately, that thus the fentiments of every rank might be known, Dio, xxxviii. 8. Lex FUSIA vel Fiiria CANINIA, A. 751, limiting the number of Haves to be manumitted, in proportion to the whole number which any one poflefl'ed ; from two or ten, the half, from ten to thirty the third, from thirty to a hundred the fourth part ; but not above a hundred, whatever was the num- ber, Vopifc. "Tacit. Ti. Paul. Sent. iv. 15. See p. 41. Ifge.^ GABINL'E, by A. Gabinius a tribune, A. 6S5, C c Tha. 202 ROMAN ANTIQUITIES. That Pompey fliould get tlie command of the wax- agahifl the pirates, witli extraordinary powers, ycum imperio extraordina- r'lo,') Cic. prolog. Ivlanil. 17. Dio, xxxvi. 7. That the fenate fliould attend to the hearing of embalTies the whole morith of February, Cic. ad ^uintt . ir . ii. 2. 13. That the people fliould give their votes by ballots, and not viva voce as for- merly, in creating magill rates, (Seep. 92) That the peo- ple of tlie provinces fliould not be allowed to borrow money at Rome from one pcrfon to pay another, {yerjvram facer e)^ Cic. Att. V. 21. vi. 2. There is another Gabinian law, mentioned bv Porcius Latro in his declamation againll Catiline, which made it capital to hold clandeiliriC alfemblies in the city, c. 19. But this author is thought to be fuppofititious. See Cor tins on Sallnji. It is certain, however, that the Romans were always care- ful to prevent the meetings of any large bodies of men, (heta- ri.e\ wliich they thought might be converted to the purpoies of fedition, P/m. Ep. x. 43. 94. On this account, Pliny m- foriTis Trajan, that according to his directions he had prohibi- ted the aiTemblies of Chrillians, Id. 97. 76. Lex GELLIA CORNELIA, A. 681, confirming the right of citizens to thofe to v.-homx Pompey, with the advice of his council, {de co?ifiliifententia^j, had granted it, Cic. pro Bulb, 8. 14. Lex CENUCIA, A. 411, That both confuls might be chofen from the plebeians, Liv. vii. 42. That ufury fhould be prohibited : That no one fhould enjoy the fame office within ten years, nor be invefted with tu'o offices in oiic year. Ibid. Lex GENUCI A EMILIA, A. 39c, about fixing a nail in the ri.ciV.t lide of the temple of Jupiter, Liv. vii. 3. Lex GLAUCIA, A. ^Sh gi^'^""'-fing the right of judging to the Kquitcs^ Cic. de clar. Orator. 62. — Lie repetiindis. See Lex Servilta. Lex CiLICIA, de iiiofficiofo teJlcwientG. See p. 59. /^.vKIERONlCA, \'*i\fr?n/ier.taria, Cic. Verr. ii. 13. con- taining the conditions on w-hich the public lands of the Ro- Hian jiecple in Sicily w^ere poffeffisd by the huffiandmen. It had been prefcribed by Hiero, tyrant of Syracufe, to his te- rants, (us qui agros regis co crcni), and was retained by the Pri^tor Rupilius, with the advice of his coiincil, among the laws which he gave to the Sicilians; when that country vvas redu- ced into the form of a province, Cic. Perr. iii. 8. 10. It re-. fembled Laws of the Romans. 203 l^enibleci the regulations of the cenfors, (Leges Cexsori^), in their leafes and bargains, (/?/ locationihiis et pa^ionibiis)y and fettled the manner of colle6ling and afcertaining the quantity of the tithes. Lex HIRTIA, A. 704, That the adherents of Pompey (^Po?npciani) ilioukl be excluded from preferments, Cic. Phil. xiii. 16. Lex HORATIA, about rewarding Cala Tarratia, a veflal virgin, becaufe fhe had given in a prefeat to the Roman peo- ple the Campus TihurtinuSy or Martius : That fhe Ihould be admitted to give evidence {tejlahilis ejfct)^ be difcharged from her prieflliood {exaiigurari pojfet)^ and might maiuy if flie chofe, Gell. vi. 7. Lex HORTENSIA, That the niindhuv or market-days, which ufed to be held ■x^fcfuv or holidays, fliould ho. fajl po;;ndc of f:e&, and one pa\;L;ac\ 2o8 ROMAN ANTICIUITIES. pound of fait rneat, (JaJfamentorum^ \ but as much of the fruits of the ground as every one pleafed, Macroh. ii. 13. Gell. ii. 24. Lex LICINIA CASSIA, A. 422, That the legionary tri- bunes Ihould not be chofeu that year by the people, but by the confuls and praitors, Ltv. xlii. 31. Lex LICINIA SEXTIA, A. 377, about debt. That what had been paid of the inter ell {jjuod ufuris pcrnumeratum ejfet) fhould be deduiSled from the capital, and the remainder paid in three years by equal portions, Liv. vi. 35. That inilead of Duumviri for perfonning facred rites. Decemviri fliould be chofen, part from the patricians, and part from the plebeians, Li'j. vi. 41. That one of the confuls fhould be created from a- luong the plebeians, ihid. vi. 35. See p. 116. Lex LICINIA J UNI A, or Jimia et Lirinia, by the two confuls, A. 691, enforcing the /ex Cicilia Didia, Cic. in Vat. 14. XV hence both laws are often joined, Cic. Phil. v. 3. pro Sext. 64. Att. ii. 9. iv. 16. Lex LICINIA MUCIA, A. 65S, That no one fhould pafs for a citizen who was not lo, Cic. Off. iii. 11. pro Balh. 21. 24. which was one principal caufe of the Italic or Mariic wars, ^Jcoji. in Cic. pro Cornel. Leges LIVI/E, propofed by M. Livius Drufus, a tribune, A- 662, about trar.fplantiiig colonies to different places in I- taly and Sicily, and granting corn to poor citizens at a lew price J alfo that the judices ihould be chofen indifferently from tlie fenators and equites, and that the allied Hates of Italy fhoulci^ be admitted to tlie freedom of the city. Drufus was a man of great eloqiience, and of the moiL up- iight intentions ; but endeavouring to reconcile thofe whpfe inLcreliS were diametrically oppoiite, he was crushed in the attempt : being murdered by an unknown aflaffin at his own houfe, upon his return from the Forum, amidft a num.ber of t-iients and friends. No inquiry was made about his death. The Hates of Italy confidercd this event as a fignal of revolt, and endeavoured to extort by force what they could not ob- tain voluntarily. Above 300,000 meii fell in the conteft in the fpace of two years. At laft the Romans, although upon The- whole they had tlic advantage, were obliged to grant the freedom of the city, tirlt to their allies, and afterwards to all rhe ilates of Italy, Appicin. de Bell. Civ. i- 373, \^c. Fell. Pat. ii. 15. Liv. Epit. 71. Cic. Brut. 28, 49, 62. pro Rabir. 7. Pli{?ic. i-i. Born. IQ. -^ This Laws of the Romans. 209 This "Drufus is alfo faid to have got a law paffed for mixing an eighth part of brafs with filver, Plin. xxxiii. T^^. But the laws of Drufus {leges Livue^, as Cicero fajs, were foon aboliflied b^ a fhort decr'^e of the fenate, (uno verjiculofe- natus puncio temporis fuhlatce fimt, Cic. de legg. ii. 6. Deere- vit enim fenatus, Philippo cof. 7-eferente, CoNTilA AUSPICIA LATAS VIDERI.) Drufus was grandfather to Livia, the wife of Auguflus,, and mother of Tiberius. Lex LUTATIA, de vi, by Q^ Lutatius Catulus, A. 675, That a perfon might be tried for violence on any day, Cic. pro Ccel. I. 29. feftivals not excepted, on which no trials ufed to be held, Cic. Acl. in Verr. 10. Lex MiENIA, by a tribune, A. 467, That the fenate Ihould ratify whatever the people enacled, Cic. in Brut. 14. See p. 21. Lex MAJESTATIS, for puuifhing any crime againft the people, and afterwards againft the emperor, Cornelia^ i^c. Cic. in Pif. 21. Tacit. Ann. iv. 34. Lex MAPvIILIA, de limitihusy vel de regundis finihus agro- rum, for regulating the bounds of farms ; whence the author of it, C. Mamilius, a tribune, A. 642, got the finiame of Li- MITANUS. It ordained. That there fhould be an uncultivated fpace of five feet broad left between farms ; and if any difpute happened about this matter, that arbiters fhould be appointed by the praetor to determine it. The law of the Twelve Ta- bles required three, Cic. de legg. i. 21. — -. Another, by the fame perfon, for punilhing thofe who had received bribes from Jugurthaj Sail. 'Jug. 40. Lex MANILIA, for conferring on Pompey the command of the war againft Mithridates, propofed by the tribune C. Manilius, A. 687, and fupported by Cicero when prsetor, de leg. Manil. and by Cccfar, from different motives ; but neither of them was afluated by laudable motives, Dio, xxxvi. 26. -^ — Another by the fame, That freedmea might vote in all the tribes, Cic. pro Mur. 23. whereas formerly they voted in fome one of the four city tribes only. (See p. 97.) But this law did not pafs, Afcon. in Cic. pro Cornel. Leges MANILI AN^ venalium vendendorum, not properly laws, but regulations to be obfervcd in buying and felling, to prevent fraud, Cic. de Orat. i. 5, 58. called by Varro, ACTI- ONES, de Re Ritjl. ii. 5, n. They were compofed by the lawyer Manilius, who was conful, A. 603. D d Tiie 21© ROMAN ANTIQJJITIES, The formalities of buying and felling were by the Romans ufed in their moft folemn tranfaclibns ; as in emancipation and adoption, marriage and te laments, in transferring property , Sec. Lex MANLIA, by a tribune, A. 558, about creating the 'Triumviri Epulojies, Liv. xxxiii. 42. Cic. de Orat. iii. 19. de ViCESiMA, by a conful, A. 396. Liv. vii. 16. See p. 64. Lex MARCIA, by Marcius Cenforinus, That no one fliould be made a cenfor a fecond time, Plntarch. in Coriol. de Siatiellatibus vel Stattellis, that the fenate upon oath Ihould appoint a perfon to inquire into, and redrefs the inju- ries of the Staticlli or -utes, a nation of Liguria, Liv. xlii. 21. Lex MARIA, by C. Marius, when tribune, A. 634. about making the entrances to the Ovilia (j>07ites^ narrower, Cic. de legg. iii. 17. Lex MARIA PORCIA, by two tribunes, A. 691, That thofe commanders fhould be punilhed, who, in order to ob- tain a triumph, wrote to the fenate a falfe account of the num- ber of the enemy flain in battle, or of the citizens that were juifling ; and that when they returned to the city, they Ihould fvvear before the city quaeilors to the truth of the account which they had fent, Valer. Max. ii. 8. i. Lex MEMMIA vel REMMIA ; by whom it was propofed, or in what year, is uncertain. It ordained. That an accufa- tion Ihoiild not be admitted againft thole who were abfent on account of the public, Valer. Max. iii. 7. 9. Suet. Jul. 23. And if any one was convicted of falle accufation {calumnice), that he ihould be branded on the forehead with a letter, Cic. pro Rofc. Amm. 19, 20. probably with the letter K, as anciently tlie name of this crime was written Kalu.mnia. Lex MENENIA, A. 302, That in impofmg fines, a ilieep fliould be eftimated at ten ajjes, and an ox at one hundred, Fejiiis ig Peculatus. Lex MENSIA, That a child fhould be held as a foreigner, if either of the parents was fo. But if both parents were Ro- mans and married, children always obtained the rank of the father, (^patremfeqmmtur liheri,\A\-.'\x. 4.) and if unmarried, of the mother, Ulpian. Lex METILIA, by a tribune, A. 516, That Minucius, mafler of horfe, Ihould have equal command with Fabius the diftator, Liv. xxii. 25, 26. Another, as it is thought bj^ a tribune A. 535, giv- ing dircftions to fullers of cloth ; propofed to the people at the delirc Laws q/"/^^ Romans. ' air defire of tlie cenfors, (^quam C. Flaminius L. lEmUius cenjores iledere ad populiwi ferendarn,') Plin, xxxv. 17, f. 57. 4. Anotlier, by Metellus Nepos a prtetor, A. 694. a- bout freeing Rome and Italy from taxes, (ri\r\, veBigcd'ui) Dio, xxxvii. 51. probably thofe paid for goods imported, (jiortori- vm)y Cic. Att. ii. 16. Leges MILlTARES, regulations for the army. By one of thefe it was provided, Tlaat if a foldier was by chance inlifled into a legion, commanded by a tribune whom he could prove to be inimical to him, he might go from that legion to ano- ther, Cic. pro Flacco, 32. Lex MINUCIA, de trtumviris me?ifariis, by a tribune. A, 537, about appointing bankers to receive the public moneys; Liv. xxxiii. 21. Leges NUMiE, laws of king Numa^ mentioned by diffe- rent authors : That the gods fhould be worfhipped with corn and a falted cake, (fruge et falfd mold'), Plin. i8. 2. That whoever knowingly killed a free man, Ihould be held as a par- ricide, Fejius in Qu.ESTORES Parricidii : That no harlot ihould touch the altar of Juno j and if ihe did, that fhe fhould facrifice an ewe lamb to that goddefs with diflievelled hair. Id. in Pellices, Gell. iv. 3, That whoever removed a land-mark Ihould be put to death, {qui terminum exarajfet, et ipfitm et boves facros ejfe), Fell, in Terming : That wine fhould not be poured on a funeral pile, Plin. xiv. 12. &c. Lex OCT AVI A Jrj/mentaria, by a tribune, A. 6^2> abro- gating the Semproniafi law, Czc. in Brut. 62, and ordaining as it is thought, that corn fhould not be given at fo low a price tc> the people. It -is greatly commended by Cicero, Off", ii. 21. Lex OGULNTA, by two tribunes, A. 453^ Tliat the number of the. pontijices fliould be increafed to eight, and of the au- gurs to nine ; and that four of the former^ and five of tlie latter fhould be cholen from among the plebeians, Liv. x, 6. 9. • Lex OPPIA, by a tribune, A. 540, That no woman fliould have in her drefs above half an oun'c6 of gold, nor wear a gar- ment of different colours, nor ride in a carriage in the city or in any town, or within a mile of it^ unlefs upon occafion of a public facrifice, Liv. xxxiv. i. Tacit. Arm. iii. 7^'^. Lex OPTIMA, a law was fo called which conferred the moft complete authority, Fejliis in voce, as that wa^ called 9piimufnjjcs which beflowed complete property, D d ?, 5f^ 212 ROMAN ANTIQUITIES. Lex ORCHIA. by a tribune, A. 566, linuting the num- ber of guefls at an entertainment, Fejl. ifi Opsonitavere, Macroh. Sat ii. 13. Lex OVINIA, That the cenfors fhould chufc the moft wor- thy of all ranks into tlie fenate, Fejliis in PRiETERlTl Sena- TORES. Thofe who had borne offices were commonly firft chofen ; and that all thefe might be admitted, fometimes more than the limited number w-ere elecled, Bio^ xxxvii. 46 Lex PAPIA, by a tribune, A. 688, That foreigners Ihould be expelled from Rome, and the allies of the Latin name for- ced to return to their cities, Cic, Off. iii. 11. pro Balb. 23. Arch. 5. Atf. iv. 16. Dio, xxxvii. 9. Lex PAPIA POPPi^A, about the manner of chuling (^capi- endi) Veflal virgins, Gell. i. 12. The author of it, and the time when it paffed, are imcertain. Lex PAPIA POPPvEA, de maritandis ordinihus, propofed by the confuis Papius and Poppseus at the defire of Auguftus, A. 762, enforcing and enlarging the Julian law, 'Tacit. Ann. iii. 25, 28. The end of it w-as to promote population, and repair the defolation occafioned by the civil wars. It met with great oppofition from the nobility, and confifted of feveral dif- tin6l particulars, (Lex Satura). It propofed certain rewards to marriage, and penalties againft celibacy, which had always been much difcouraged in the Roman ftate, Val. Max. ii. 9. Liv. xlv. 15. Fpit. 59. Smt. Aug. 34, 8c 89. Bio., Ivi. 3, 4. Gell. i. 6. V. 19. and yet greatly prevailed, ihid. \£ Plin. xiv. procem. Senec. confol. ad Marc 19. for reafons enumerated, Plaut. Mil. iii. i, 85, 1 11, &c. Whoever in the city had three children, in the other parts of Italy four, and in the provinces five, was intitled to certain privileges and immunities. Hence the famous JUS TRIUM LIBERORUM, fo often mention- ed by Pliny, Martial, c<^c. which ufed to be granted alfo to thofe who had no children, firlt by the fenate, and afterwards by the emperor, Pliti. Ep. ii. 13, x. 2. 96. Martial, ii. 91, 92. not only to men, but likewife to womer, Bio, Iv. 2. Suet. Claud. 19. Plin. Epiji. ii. 13. vii. 16. x. 2, 95, 96. The pri- vileges of having three children were, an exemption from the trouble of guardiaufl.ip, a priority in bearing offices, Plin. Ep. viii. 16. and a treble proportion of corn. Thofe who liv- ed in celibacy could not fucceed to an inheritance, except of their neareft relations, unlefs they married within 100 days after the death of the teflator; nor receive an entire legacy, (legatum omnef vtlfolidum capere'). Ajad what they v/ere thus deprived Laws of the Romans. 213 deprived of in certain cafes fell as an efcheat {caducum) to the exchequer (Jifco) or prince's private purfe, Juvenal, ix. 88, &.c. Lex PAPIRIA, bj a tribune, A. s^^iy diminifliing the A\ eight of the as one half, Plin. xxxiii. 3. by a praetor, A. 421, granting the freedom of the city without the right of voting to the people of Acerra, Liv» viii. 17. ■ by a tribune, the year uncertain. That no edifice, land, or altar, ihould be confecrated without the order of the people, Cic. pvo Do77i. 49. A. 325, about eflimating fines, Liv. iv. 30. probably the fame with Lex Menenia. That no one ihould molell another without caufe, Fejl. in Sack AMENTUM. by a tribune, A. 621. That tablets fhould be ufedin palling laws, Cic. de legg. iii. 16. by a tribune, A. 623, That the people might re-ele6t the fame perfon tribune as often as they chofe ; but it was re- jefted, Cic, de Amic. 25. Liv. Epit. 59. Inftead of Papirius, they anciently wrote Papifius, Cic. Fam. ix. 21. So Valefius for Valerius, AiifcUus for AureUus^ &.C. Varro de Lat. ling. i. 6. Fejlus. ^linBil. i. 4. Ap. Clau- dius is faid to have invented the letter R, probably from his firft ufing it in thefe words, D. i. 2, 2, 36. Lex PEDIA, by Pedius the conful, A. 710, decree- ing banilhment againft the murderers of Ca;far, Veil. Pat. ii. 69. Lex PEDUC^A, by a tribune, A. 640, againft inceft, Cic. de Nat. Deor. iii. 30. Lex PERSOLONIA, or Pifulania, That if a quadruped did any hurt, the owner ihould either repair the damage, or give up the beaft, Paull. Sent. i. Lex Py^TELIA de ambitu, by a tribune, A. 397, That candidates Ihould not go round to fairs and other public meet- ings, for the fake of canvaffing, Liv. vii. 15. de Nexis, by the confuls, A. 429, That no one ihould be kept in fetters or in bonds, but for a crime that de- ferved it, and that only till he fuffered the puniihment due by law : That creditors ihould have a right to attach the goods, and not the perfons of their debtors, Liv. viii. 28. de Peculatu, by a tribune, A. ^66^ That inquiry Uiould be made about the money taken or exacted from King .'VjQtiochus 214 ROMAN ANTIQ^UITlES. Antiochus and his fubje iiit 220 ROMAN ANTIQ^UITIES; («? ne Icgi fraudem faciam tulariiv, that I may not break, &.C.) Flctut. Mil. Glor ii. 2, 9. Lex TEIIE2nTIA et CX^hW frumetita; ia. Sec Lex Caf- fui. Lex TERENTILLA, by a tribune, A. 291, about liniit- ing the powers of the coifuls. It did not pafs ; but after great contentions gave caufe to the creation of the decemvirij Liv. iii. 9, ic, &c. Leges TESTAMENTARIiE, Cornelia^ Furia, Vocoma. Lex THORIA de veciigedihus, by a tribune, A. 646, That no one ihould pay ary rent to the people for the puoi'c lands in Italy which he polielTed, {cigrutn publicum veciigali levavit), Cic. Brut, ^6. It alio contained certain regulations about paf- turage, de Oral. ii. 70. But Appian gives a difierent account of this Taw, de Bell. Civ. i.p. 366. Lex TITIA de quctjiorihus , by a tribune, as fome think, A. 448, about doubling the number of quaftors, and that they ihould determine their provinces by lot, Cic. pro Muren. 8. ■ de M UN E RIB us, againft receiving money or prefents for pleading, Aufon. Epigr. 89. Tacit. Annul. :d. 13. where feme read inilead of Cincuiniy Titiam. Agraria, what it was is not known, Cic. de Or at. ii. 11. de Legg. ii. 6, 12. de Lusu, fimilar to the Publician law. — - de TuTORlBUS, A. 722, the fame with the Julian law, and as fome tliink, one and the lan:e law, Jiijlin. Lrjlit. de Atil. Tut. Lex TREBONIA, by a tribune, A. 698, affigning pro- vinces to the confuls for five years : Spain to Pompey ; Syria and the Parthian w ar to Craffus ; and prolonging Ca;iar's com- mand in Gaul for an equal time, Lio, xxxix. 2,S' Cato, for •oppoling this law, was led to prifon, Lw. Rpit. IC4. Accord- ing to Dio, he was only dragged from the aiTemblv, xxxix. — — de TRi£Uyis, A. 3C5, Lini. iii. 64, 6>,. Seep. 135. Lex TRIBLNITIA, either a law propofed by a tribune, Cic. in Bull. li. 8. Liv. iii. ^dy or the law reiioring their power, Cic. AEiio prim, in Verr. 16. Lex TRlUMPHALIS, That no one fliould triumph who had not killed 50CC of the enemy in one battle, Vcder. Max,- n. 8. Le.s TULLIA d^ Amsitu, by Cicero, when conful, A. 690, Laws of the Romans. 221 690, adding to the former puniihments agalnil bribery, ba- iiilliment for ten years, Dio, xxxvii. 29. —and. That no one fnouid exhibit ibews of gladiators for two years before he flood candidate for an office, unlefs that tafk was impofed on him by the teftament of a friend, Cic, Vat. 15. Sext. 64. Mur. 32, 34, 8cc. _ _ _ _ de Legatione libera, limiting the continuance of it to a year, Cic. de Legg. iii. 8. Lex VALERIA de provocatione. See p. 109. — — de FoRMiANis, A. 562, about giving the people of Formise the right of voting, Liv. xxxviii. 36. de Sulla, by L. Valerius Flaccus, interrex, A. 671, creating Sulla dictator, and ratifying all his acts, which Cicero calls the rnoft unjuit of all laws, Cic. pro Rull. iii. 2. S, Rofc, 43. deLegg.'i. 15. de Quad R ANTE, by L. Valerius Flaccus, conful, A. 667, That debtors ftiould be difcharged on paying one fourth of their debts, Paterc. ii. 23. See p. 46. Lex VALERIA HORATIA de trihutis cofnitiis. Seep. 21. De trihunis, againfl hurting a tribune, Liv. iii. 55. Lex VARIA, by a tribune, A. 662, That inquiry fliould be jnade about thofe by whofe means or advice the Italian allies liad taken up arms againll die Roman people, Cic. Brut. ^6, S9. Tufc. ^uirji. ii. 24. Valer. Max. v. 2. Lex VATlNIA de rRoviNCiis. See p. 114. ■ -- de alternis confiliis rejiciendis. That in a trial for extor- tion, both the defendant and accufer might for once rejedl all \\it judices or jury ; whereas formerly tliey could rejcft only a lew, whofe places the praetor fupplied by a new choice, (^fub- furtitione,) Cic. in Vat. 11. de CoLONis, That Csefar Ihould plant a colony at AV iiocomum in Cifalpine Gaul, Suet. Jul. 28. Lieges DE VI, Plotiuj Lutatiay et Julia. Lt:x VIARIA, de VII3 MUNiENDis, by C. Curio, a tribune, A. 703, lomewhat fimilar to the Agrarian law of RuUus, Cic. Fam. viii. 6. By this law there feems to have been a tax im- pofed on carriages and horfes, ad Attic, vi. i . L.ex VILLI A ANNALIS. See p. 105. Lex VOCONIA, de H-EREDITatibus muHeruniy by a tri- bune, A. 384, That no one iliould make a woman his heir, (Ne OJJIS HEREDEM VIRGINEM NEQUE MULIEREM FACERET), Cic. Verr. i. 42. nor leave 10 any one by way of legacy more than to hii heir or heirs, c. 43. de 'Senecf. 5. Balb. 8. But this law is fuppofed 222 ROMAN ANTIQUITIES. fuppofed to have referred chieflj to thofe who were rich, (jqui ejfent CEN'SI, i. e. pecuniofi vel clajjlciy thofe of the firft clafs, Afcon. in Cic. Cell. vii. 13.) to prevent the extinftion of opulent families. Various arts were ufed to elude this law. Sometimes one left his fortune in truft to a friend, who fhould give it to a daughter or other female relation ; but his friend could not be forced to do fo, unlefs he inclined, Cic. de Fin. ii. 17. The law itl'elf, however, like many others, on account of its feve- ritj fell into difufe. Cell, xx. i. These are almoft all the Roman laws mentioned in the claffics. Augultus, having become fole mafter of the empire, 'Tacit. An. i. 1. continued at firft to enaft laws in the ancient form, which were fo many veftiges of expiring liberty, {yejligia morientis libertatis), as Tacitus calls them : But he afterwards, by the advice of Mecaenas, Dio,\\\. gradually introduced the cuftom of giving the force of laws to the decrees of the fenate, and even to his own edi6ls. Tacit. Annal. iii. 28. His fuc- celTors improved upon this example. The ancient manner of paffing laws came to be entirely dropped. The decrees of the fenate indeed, for form's fake, continued for a confiderable time to be publiihed ; but at laft thefe alfo were laid afide, and every thing was done according to the will of the prince. The emperors ordained laws,— i. By their anfwers to the applications made to them at home or frona the provinces, {per RESCRIPTA ad LIBELLOS>////cfj, epijiolas, velpre- ce^). .. .. 1. By their decrees in judgement or fentences in court, (per DECRETA), which were either Interlocutory, i. e. fuch as related to any incidental point of law which might occvir in the procefs ; or Definitite, i. e. fuch as de- termined upon the merits of the caufe itfelf, and die whole qucftion. 3. By their occafional ordinances, (per "E-TilQT A vel CONSTITUTIONES), and by their inftruftions O^r MAN- DATA), to their lieutenants and officers. Thefe conjlituticns were either general, refpe6ling the pub- lic at large ; oxfpecial, relating to one perfon only, and there- fore properly called PRIVILEGIA, pri\ileges, Plin. Ep. x. ^6, 57. but in a fenfe different from what it was ufed in under the republic. Seep. 25. 2 The Laws of the Romans. 123 The three great fources, therefore, of Roman jurifprudence were the laws, (LEGES), pi'operly fo called, the decrees of the fenate, (SENATUS CONSULT A\ and the edids of the prince, (CONSTITUTIONES PRINCIPALES). To thefe may be added the edi6ls of the magiilrates, chiefly the prae- tors, called JUS HONORARIUM, (fee p. 122.) the opini- ons of learned lawyers, (AUCTORITAS vel RESPONSA PRUDENTUM, vel Juris confultorum, Cic. pro Muren. 13. Caecln. 24.) and cuftora or long ufage, (CONSUETUDO vel MOS MAJORUM, Cell. xi. 18. The titles and heads of laws, as the titles and beginnings of books, (Ovid. Trijl. i. 7. Martial, iii. 2.) ufed to be written with vermilion, (j-uhrTcd vel minio) : Hence RUBRICA is put for the Civil law ; thus, Rubrica vetavit, the laws have for- bidden. Per/. V. 90. yiiiife «^ Album (i. &. jus pr.etorium, quia pr stores ediElafua in 2\ho proponebant^ ac rubricas (i. e.jus civile^ tranjlulerunt, Quindil. xii. 3. 11. Hence Juvenal, Per- lege rubras majorum leges, Sat. xiv. 193. The Conftitutions of the emperors were colle£ted by diffe- rent lawyers. The chief of thefe were Gregory and HermogeneSy who flourifhed under Conftantine. Their colleftions were caUed CODEX GREGORL\NUS and CODEX HERMO- GENIANUS. But thefe books were compofed only by pri- vate perfons. The firfl colleftion made by public authority, was that of the Emperor Theodofius the younger, publiflied, A. C. 438, and called CODEX THEODOSIANUS. But it only contained the imperial conftitutions from Conftantine to his own time, for little more than an hundred years. It was the emperor JUSTINIAN that firft reduced the Roman law into a certain order. For this purpofe he em- ployed the afliftance of the moft eminent lawyers in the em- pire, at the head of whom was TRIBONIAN. Juftinian firft publiftied a colleftion of the imperial confti- tutions, A. 529, called CODEX JUSTINIANUS. Then he ordered a colleftion to be made of every thing that was ufeful in the writings of the lawyers before his time, which are faid to have amounted to 2000 volumes. This work was executed by Tribonian and fixteen affociates in three years, although they had been allowed ten years to finifli it. It was publifhed, A. ^t^t,, under the title o\ Dige/ls or Pan- deas, (PANDECTiE vel DIGESTA). It is' fometimes called in the Angular, the Digeji or Panded. The fame year were publilhed tlie elements or firft princi- ples 224 ROMAN ANTIQUITIES. pies of the Romaa law, compofed hy three men, 'Trihoniarr, IheophiluSy znd Dorotbeus, and called the Injlitutes, (INSTI- TUTA). This book was publiflied before the FandeBs^ al- though it was compofed after them. As the firfl code did not appear fufficiently complete, and contained feveral things inconfiftent with the Pande&Sy Tri- bonian and other four men xvere employed to correft it. A 71C1V code therefore was publlfbed xvi Kal. Dec. 53/1., called CODEX REPETIT^ PR^LECTIONIS, and the forroer code declared to be of no further authority. Thus in fix years was completed what is called CORPUS JURIS, the body of Roman law. But when new queflions arofe, not contained in any of the above-mentioned books, new decilions became necelTary to fup- ply what was wanting, or correal what was erroneous. Thefe were afterwards publiflied under the title of Novelsy (NO- VELLA fc. conJUti/tiones), not only by Juilinian, but alfo by fome of the fucceeding emperoi's. So that the Corpus yi/ris Romani Civilis is made up of thefe books, the InJlxtitteSy Pan- deBs or Digejisy Code, and Kovels. The Inftitutes are divided into four books, each bock into feveral titles or chapters, and each title into paragraphs ($) of which the firfl is not numbered ; thus, /;//?. lib. i. tit, x. prin- cip. or more fl:iortly, I. 1. 10. pr. So, ////?. /. i. tit. x. § 2 . or, I. I. 10. 2. The pandedls are divided into fifty books ; each book into feveral titles ; each title into feveral laws, which are dillinguifli- ed by numbers ; and fometimes one law into beginning (priTic. ^or principi7i?n) ^nd. paragraphs ; thus, I), i. i. 5. i.e. DigeJl.JirJl hook,jirjl title, Jifth la'iv. If the law is divided in- to paragraphs, a fourth nimiber muft be added ; thus, D. 48. 5. 13. pr. or 48. 5. 13. 3. Sometimes the firfl word of the law, not the number, is cited. The Pandects are often mark- ed by a doubley"; thus,^^ The Code is cited in the fame manner as the Pande^^s, by Book, Title, and Law : The Novels by their number, the chap- ter of that number, and the paragraphs, if any ; as, Nov. 115. ^- 3- . , Tiie Juftinian code of law was univerfally received through the Roman world. It flouriftied in the eaft until the taking of Conflantinople by the Turks, A. 1453. ^^^ ^^^ ^\e^ it was in a great meafure fupprefled by the irruption of the bar- barous nations, till it was revived in Italy in the 12th century • by Judicial Proceedings, X^c, 225 by IRNERTUS, who had fludled at Conflantlnople, and o- pened a fchool at Bologna under the aufpices of Frederic I. Emperor of Germany, He was attended by an incredible •number of ftudeits from all parts, who propagated the know- ledge of the Roman Civil law through moil countries of Eu- rope ; where it it ill continues to be of great authority in Courts of juilice, and feems to promife, at lead in point of legiflation, the fulnlment of tlie famous prediction of the an- cient Romans concerning the eternity of their empire. JUDICIAL PROCEEDINGS of the R O M h N S. ■^ rIE Judicial prGceedino-s (JUDICIA) of the Romans were either Private or Public, or, as we exprefs it, Ci- vil or Criminal: {Cviniujudicia avt dijlrchendnrum contrmier- Jiarum aut puniendorum maleficiorum caufu rejjertafunt)^ Cic. pro Coecin. 2. I. {JUDICIA PRIVATA), CIV^IL TRIALS. 7Udicia Pri-Jafa, or Civil trial?, were concerning private caufes or differences between private perfons, Cic. de 0- rat. i. 38. Tb/>. 17. In thefe at nril the kings prefided, Die- nyf. X. I. then the confuls, lu.S^Liv. ii. 27. the military tri- bunes and decemviri. Id. iii. 33. but after the year jSp, the Prretor Urbaniis and Pcregrimis. Seep. 119. The judicial power of the Pvcvtor Urhanus and Peregrinus was properly called JURISDICTIO, (qiuf porta erat in cdicto et ex edido decretis ;) and of the prtctors who preiided at cri- minal trial?, QU/ESTIO, Cic. Vcrr. i. 40, 41, 46, 47 c-c ii. 48. V. 14. Mm\cn. 2C. F/ars. 3. Tacit, ydgric. 6. F f' The, 2i6 ROMAN ANTIQUITIES. The praetor might be applied to (adiri foterat, copia^J vel POTESTATEM Sui Faciebat) Oil all court-days {dielusfaf- ti.<;^ but on certain days, he attended only to petitions or re- quefls (postulationibus vacabat ;) fo the conluls, P/i». F.p. vii. 33. and on others, to the examination of cauies, (cog- xixroNiBUs), Fiin. Ep. vii. 33. On court-days early in the morning, the praetor went to the Forum, and there being feated on his tribunal, ordered an Ac~ c<:nfus to call out to the people around, that it was the third hour ; and that whoever had any caufe, (qui LEGE AGERE. vclL't), might bring it before him. But this could only be done by a certain form. I. V C A T 1 in J U 5, or Summoning to Court. "iF aperfonhad a quarrel with any one, he iiril: tried to make ■*■ it up (Jitem cotnponere vel dijudicare) in private, {intra pa- rictes, Cic. pro P. Quinft. 5. 11. per difceptatores domejiicos vel opera amicGrum, Caecin. 2.) If the m.atter could not be fettled in this manner, Liv. iv. 9. the plaintilF (ACTOR vel PETITOR) ordered his adver- farv to go v.-ith him before the prsetor, (Jnjus vocnhat'), by faying, In JUS voco te : In jus eamus : In jus veni : Se- OUERE AD TRIBUNAL : In JUS AMBULA, or the like. Ter. Phorm. V. 7. 43, £i 88. If he refufed, the profecutor took fome one prefent to witnefs, by faying, Licet antestari ? May I take you to witnefs ? If the perfcn confented, lie offered the tip of his ear, {aziriculam oppcr.ebaf), v.'hich the profecutor touch- ed, Horat. Sat i. 9. c. 76. Plant, CurcuL v. 2. See p. 57. Then the plantiiF might drag the defendant {leriTTi) to court hy force {in jus rapere), in any way, even by the neck, {ohtorto coll6)y Cic. et Plaut. Pcen. iii. 5. 45. according to the law of the Twelve Tables ; si calVitur {vioratur^ pedemve struit, (fugit vel fi/gam adornat^, manum endo jAClTa, (injicito), Feftus. But worthlefs perfons, aS thieves^ rohlers, S^c. might be dragged before a judge without this formality, Plaut. Perf. iv. 9. ■:-. 10. By the law of .the Twelve Tables, none were excufed from appearing Judicial pRocErciNcs, 'ijc. 227 appearing In court ; not even the aged, the ficklj, and In- firm. If thej could not walk, thej were furniflied v;Ith an open carriage, (Jume/itum, i. e. phmjlnim vel vc6lahulu/Ti), Oell. XX. I. Cic. delegg. ii. 23. Horat. Sat. i. 9. 76. But af- terwards this was altered, and various perfons were exempted ; as, niagiftrates, Liv, xlv. 37. thofe abfent on account of the ilate. Veil. Maxim, iii. 7, 9, Sec. alfo matrons, Id. ii. i. 5. bovs and girls under age, Z). de in jus vocctnd. 6cc. It was likewife unlawful to force any perfon to court from his own lioule, bccaufe a man's houfe v.'as efteemed his fanc- tuary, {tntijjimum refugium et receptaculuni). But if any one lurked at Jiome to elude a profecution, (Ji fraudationis ccnifd latitaret, Cic. Quint. 19.) he was fummoned {evocahatnr^ three times, with an interval of ten days between each fum- mons, by the voice of a herald, or by letters, or b)'- the edi6l of the prtetor ; and if ftill he did not appear, (Je nonfjle- ret)y the profecutor was put in poiTelTion of his effefts, {iti bona ejus 77iittehatur.^ Ibid. If die perfon cited found fecurity, he was let go ; Si EXSi- Et) fi autem fit, (fc. aliquis')^ qui in jus vocatu.m vindi- CIT, (^I'indicaverit, fliall be furety for his appearance), mit- TITO, let him go. If he made up the matter by the way, (exdo via), the procefs was dropped. Hence may be explained the words of our Saviour, Matth. v. 25. Luke, xii. j8. II. PQSrULATIO ACriONIS, Requeuing a IVrit, and giving Bail. ■f F no private agreem.ent could be made, both parties went be- ■* fore the praetor. Then the plaintiff propofed the action (ACTIONEM EDEB AT, vel diccanfcnhehat, Cic. Verr. ii. 15.) which he intended to bring againif the defendant (q.t:am IN REUM IKTENDERE vellet), Flcuit. Per/. Iv. 9. and de- manded a writ, (ACTION EIM POSTULABAT), from the praetor for that purpofc. For there were certain forms, (for- mulae) or fet words (vert?a concepta) necelTary to be ufed in every caufe, (Formultc de omnibus rejbus constitut.t:), Cic. Rofc. Com. 8. At the fame time the defendant requeued, ^ i ? that 228 ROMAN ANTIQJJITIES. tliat an advocate or lawyer fliould be given him, to afHil him with his counfel. There were fcveral aftions competent for the fame thiug. Ttie profecutoi choie vJiich he pleaied, and the prjetor ufual- ly granted it, (actiokem vel judicium dabat vel redde- Bat), Cic.pro Ctxcin. ■^. ^uiz/cr. 22. Verr. 11. 12. 2n. but he might alfo refufe it, ibid, et ad Herenn. ii. 13. The plaintiff having obtained a wnt from the praetor, offer- ed it to the defendant, or dictated to him the words This writ it was unlawful to change, {jnutare formulam ncn liceoafj^ Senec. Ep. 117. Tie grcatelt caution was reqnifite in di"awing vip the writ, (in aclione vtXJ'ormulaconcipiendu)^ for if there was a miltal-ie iu one word, tlie whole caule was loft, Cic. d^ invent, ii. 19. Herenn. i. 2.. ^/inftil. iii. 8. vii. 3. 17. ^^li plit.t petehut, quam dehitum ejl, caiifam perdebat, Cic, pro Q^Rofc. 4. vcl formula excidebatyi.e. cau/a cade5iit,Siitt, C\ai\d 14. Hence scribere ^'f/suESCRlBERE DICAM tt/Ztv// vel impignere, to bring an action againli one, Cic. Verr. ii. 15. ^er. Fhorm. ii. 3. 92. or cum aliquo JUDICIUM SUBSCRIBERE, I-lin. Ep. V. I. EI FORMULAM INTENDERE, Suet. I'^it. 7. But DiCAM vd dicus fortiri^ i. e. judices darefortitione, qui cciiifarn ccgnofcanty to appointy//<^/ctrj to judge of caufes, Cic. Ibid. 15. 17. A perfon Ikilled only in framing writs and the like, is cal- led by Cicero LEGULEIUS, prceco ciEiiojium, cantor for mii~ larum, aucepsfyllabarum, Cic. de Orat. i. 55. and by Quinc- tilian, Formularius, xii. 3. ii. He attended on the advocates to fuggeft to them the laws and forms ; as thofe called Pragmatici did among the Greeks, ibid, and as agents do amo\g us. Then the plaintiff required, that the defendant fhould give bail for his appearance in court {VADES, qui fpondercnt eum adfuturuni), on a certain day, which was ufually the third day after, [tertio die vel pere/idie^,, Cic. pro Quincl. 7. Muren. 12. Gell. vii. I. And thus he wa^ faid VADARl REUxM (Vades ideo diSii, quod, qui eos dtderit, vadendi, id ej}, dif~ cedcndi kahet poteflate/n, Feftus^, Cic. ^lint. 6. This was alfo done in a fet form prefciibed bv a lawyer, Avho was fiid Vadimoxium coxcipere, Cic. ad Fratr. ii. i 1;. The defendant was faid VADES 13 ARE, vel VADIMO- NIUM FROMITTERE. If he did not find bail, he was o- b]igt;d to go to prilon, Fiaut. Ferf. ii. 4. v. 18. The prastor fometimfc^ Judicial Proceedings, ^t'. 229 fometimes put off the hearing cf the caufe to a more diftant dav, yyadimonia diff'erebat), Liv. Epit. 86 "Juvenal iii. H2. But the parties (Litigatores) chiefly were faid vadimonium DiFEEiiL cum aliquo^ to put off the day of the trial, Cic. Att. ii. 7. Fam. ii. 8. ^linSi. 14. 16. Res ejjc in vadimon'ium ccepit^ began to be litigated, ibid. In the mean time the defendant fometimes made up {i-em compoTiebat et tranfigcbat, compromifed,) the matter privately with the plaiutilF, and the adlion was dropped, Flin. Eb. v. i. In which cafe the plaintiff Avas faid, deridijje, \t\. paBioriem f:cijp; cum reo^judicio reum abfohiffc vel lihernffe, lite contejlata \Q\Judicio conjiituto, after the la;v-fuit was begun ; and the de- fenda;it, litem redemijje ; after receiving fecurity from the plaintiff, (cumjibi cavijjet vel fatis ab aSfore accepi(fet), that no further demands were to be made upon him, Ampeius a se NEMINEM PETiTURUM, Cic. ^lint. II. 12. If a perfsn was imable or unwiljing to carry on a law-fuit, he was laid, kom POSSE vel NOLLE PROSEQUI, vel EXPERIRI, ic. jus xtljure, vei jure fummo, ib. 7, &c. When the day came, if either party when cited was not prefent, ^vithout a valid excufe, (^fine movbo vel cauJafonticaSy he lofl his caufe, Horat. Sat. i. y. v. ^ ,. If the defendant was abfent, he was faid DESERERE VADIMONIUM, and the praetor put the plaintiff in polfeflion of his effefts, Cic. pro :^i!nt, 6. & 20. If the defendant was prefent, he was faid VADDIONIUM SISTERE w/oBiRE. When cited, he faid, Ubi tu es, qui me VADATUSES? UbI TU ES, QUI i\IE CITASTI ? EcCE ME TIBI SIS- TO, TU CONTRA ET TE MlHi siSTE. The plaintifl'anfwercd, Ad- SUM, Plaut. Curcul. i. 3. 5. Then the defendant faid, Quid ais: The plainnff faid, AIO fundum, queri possides, meum esse ; vel AIO TE Mini dare facere oportere, or th.e hke, Cic. Mur. 12. This was called INTENTIO ACTIONIS, aiid varied according to the nature of the adlion. A III. DIFFERENT KLVDS of ACTIONS, Ctiovs were either Real, Pcrfonnl or Mixt. I. A real adion (ACTIO IN RErvI), was for obtaining a thing ijD ROMAN ANTIQUITIES. thing to which one had a real right (jus in re), but v^hick ■was pofi'eiTed by another, (per quam rem nojiram, qua ah alio pojjldetury petwius, Ulpian ) 2. A perfomd aclion, (ACTIO IN PERSONAM), was a- j!,ainfl a perfon for doing or giving fomething, which he was bound to door give, bj reaion of a contraci, or of fome wrong done bj him to the plant iff. 3. A mixt a'ilion was both for a thing, and for certain perfonal prefiations. Real Acti o N s. Actions for a thing, or real aBions, were eitlier CIVIL, ariling from fome law, Cic. in Citcil. 5. de Orat. i. 2. or PR/ETORIAN, depending on the edicl of the prettor. ACTIONES PR^TORIyiE, were remedies granted by the praetor for rendering an equitable right eiFeftual, for which there was no adequate remedy granted by the ftatute or com- mon law. A civil a£tion for a thing {aBio ci-vilis vel legitima in rem), was called VINDICATIO ; and the perfon wlio raifed it : viNDEX. But this action could not be brought, unlefs it was previoufly afcertained, who ought to be the poiTeflbr. If this was Gontefted, it was called Lis viNDiciARUiM, Cic. Verr. i. 45, and the praetor determined the matter by an interdi£l, Cic^ Car in. o. 14. If the queilion was about a fiave, the perfon wlo claimed the polleffion of him, bying hands on die flave, {^munum ei in- jiciensy) before the praetor, faid, HuNC nominem ex jure QUIRITIUM MEUM ESSE AIO, EJUSQUE VIKDICIAS, i. e. pof- J'c£lo7icni)y MiHi DARi POSTL'LO. To which Plautus alludes, Riid. iv. 3. 86. If the other was filent, or yielded his right, (Jure cedchai), the praetor adjudged the flave to the perfon who claimed him, (Jcrvum addicebat "oindicanti^^ that is, he decreed to him the polfellion, till it was determined who Ihould be tlie proprietor of the llave, {(id exitiimjulicii). liut if the o- ther perfon alfo claimed polleffion, (Ji vindiciasjihi confervari pqfiularet), tlien the prsetor pronounced an interdicl, (interdice-^ /'fit), Qui NEC VI, nec clam, nec frecario possidet, ei VINDICIAS DABO. The laying on of hands (MANUS INJECTIO) was the ufual mgde of claiming the property of any perfon, £iv. in. 43« Judicial Proceedings, isc. '231 4^. to wlilch frequent allufion is made in the clafllcs, Ovid, Epi/i. Hcroicl. viii. 16. xil. 158. Amor. i. 4. 40. ii. 5. 30. Faji. iv. 90. Virg. jEn. x. 419. Cic. Rofc. Com. 16. Plin. Epi/i. X. 19. In vera bona non cjl manih injeElio: Animo 71071 potejl injici manus, i.e. vis fieri, Seneca. In d'iputes of this kind (zV; litihus vindiciarum), the prcfump- tion always was in favour of tl)e poffetTor, according to tlie law of die Twelve Tables, Si qui in jure manum coxse- RUN'T, (i. e. apud judicc7n difccptant), SECUNDUM EUM C>UI POSSIDET, VINDTCIAS DATO, Gell. XX. 10. But in an aftion concerning liberty, the praetor always de- creed poiTeillon in favour of freedom, {yindicias dcditfccunduTTt iibertate?n)y and Appius the decemvir by doing the contrary, {decernendo vindiciasfecundumfervitutem, vel ah lihertate infer- I'itutcm contra leges vindicias dando, by decreeing, that Vir- ginia fliould be given up into the hands of M. Claudius, his cli- ent, who claimed her, and not to her father, who was pre- fent) ; brought dellruclion on himfelf and his colleagues, Z/i'.iii, 47. 56,58. Whoever claimed a flave to be free, (vindex, oin in lihcr- tatem vind/rabat'), was faid, eum liberali causa manu as- SERERE, Tcrent. Adelph. ii. i. 39. Plaut. Pcen. v. 2. but it he claimed a free perfon to be a iiave, he was faid, in servitu- TEM asserere ; and hence was called ASSERTOR Liv. ili. 44. Hence, Hcec, fc. prcefentia gaudia utraque manu, co7nplexiiqu-e ajjere toto. Martial. 1. 16, 9. AssERO, iox affiryno ox aJJcverOy is ufed onlv bv later writers. The exprefiion MANUM CONSERERE, to fight hand to hand, is taken from war, of which the conflict between tlie two parties was a reajrefentation. Hence Vindicia, i. c, in- jeHio vel correptio manus in re pnefenti, was called, vis civilis et feftncori'j, Gell. xx. 10. The two parties are faid to liave crotTed two rod's, (fejlucas infer fe cnmir.ifjjc), before the prjc- tor as if in fighting, and the vanquiined party to have given up his rod to his antagonift. Whence fom^e conjefture, that the firft Romans determined tlieir difputes with the point of their f words. Others think that vind'cia was a rod, {virguLx xclfejluca), which the two parties (^liti'ya?:tes vel dijccptantes^ broke in their frav or mock fight before the proetor, fas a ftraw (Jiipula) ufcd anciently to be broken in making ftipulations, IfuL v. 24.) the confequence of which was, that one of the parties might fay, tliat he had been oufted or deprived of pofklTion (pqjjejjlone de- 232 ROMAN ANTIQJJITIES. j'eBus') by the other, and therefore claim to be rcrtorcd br ^ decree (ixterdicto) of the pi-a;tor. If the quf flion was about a farm, a houfe, or the like, the prjetor anciently went with the parties {cum liiigantibus^ to the place, and gave poircffion (yitiduias dahat) to \vhich of them he thought proper. But from the increafe of buiinefs tlrl^ foon became impracticable ; and then the parties called one ttjiother from colirt (^exjure) to the fpot, {in locum vel rempnc- fentem), to a farm for inliance, and brought from thence a varf{g/elam), which was alfo called VINDICI^^, Fejius, and conteiled about it as about the whole farm. It was delivered ro the perfon to whom the praetor adjudged the pofieflion. Cell. XX. lo. But this cuftom alfo was dropped, and the lawyers devifed a new form of procefs in fuing for pcfTeiTion, which Cicero pleafantly ridicule?, /)ro Muvan. 12. The plaintiff ('/jtT'zVor) thus adrelled the defendant, {eum, unde petehatur); Fundus, .QUI EST IN AGRO, QUI SaBIKUS VOCATUR, EUM EGO EX JU- RE QUIRITIUM MEUM ESSE AIO, INDE EGO TE EX JURE MANU CONSERTUM (to Contend according to law) voco. If the de- fendant yielded, the prjctor adjudged pGileflion to the plain- tiff. If not, the defendant thus aniVered the plaintiff, Unee TU ME EX JURE MANUM C0N5ERTUM VOCASTI, INDE lEI EGO TE REVOCO. Tlien the praetor repeated his fet form, (^carmen compofitum')y Utrisque, superstitilus pr^esentibus, i. e. tejiihus prafentibus^ before witnefTes), ISTAM viam Dico. Ini- TE viam. Immediately they both fet out, as if to go to the- farm, to fetch a turf, accompanied b}' a lawyer to direct -them, {qui ire viam doceret^. Then the praetor faid, Redite VIAM j upon which they returned. If it appeared, that one of the parties had been difpofleffed by the other through force, the praetor thus decreed, Unde tu ileum dejecisti, cum NEC VI, NEC CLAM, NEC TR-^CARIO POSSIDLRET, EO ILEUM RESTITUAS JUBEO. If not, he thus decreed, Uxi nunc pos- sidetis, &C. ITA POSSIDEATI3. ViM FIERI VETO. The polTelTor being thus afcertained, then the action about the right of propei ty {de jure dornini'i) commenced. Ilie per- fon oufted or outed (poffejjione exclufus vel dejcBus^ Cic. pro Cae- cin. IQ.) firfl aiked the defendant if he was the lawful polfef- fcr, (QUANDO EGO TE IN JURE CONbPICIO, FOSTULO AN SIES AUCTOR ? i. e. pojfejfor, unde meumjus repetere pojfim, Cic. pro Casein. 19. etProb. in Not.) Then lie claimed his right, and in the mean time required that the poflefTor fliould give fecuri- 3 ty Judicial Proceedings, 'ijc. 233 tv (satisdaret), not to do any damage to the fubjeifl in qucllion, (^fe nihil deterius in pojfejjione faElurumy) by cutting down trees, or demoiift-.ing buildings, &.c. in which cafe the plaintiff was faid, per pr^'EDES, v. -em^ \c\ pro pr^ede litis viiVDiCiARUM SATIS ACCIPERE, Cic. VejT. i. 45. If the de- fendant did not give fecuritj, the pofl'eflion was transferred to tlie plaintitF, provided he gave fecurity. A fum of money alfo ufed to be depofited by both parties, called SACRAMENTUM, which fell to the gaining party af- ter tlie caufe was determined, Fcjius ; Varro de Lat. hng. iv. 36. or a Itipulation was made about the payment of a certain fum, called SPON SIO. The plaintiff faid, Quando negas hung FUNDUM ESSE MEUM, SACRAMENTO TE QUINQUAGENARIO PRO- voco. Spondesne quingentos, fc. numnios vel ajfes, si me- us est ? i. e. Jl vieum ejfe probavcro. The defendant faid, Sfondeo quingentos, 81 Tuus SIT. Tlien the defendant required a correfpondent ftipulation from the plaintiff, {I'ejli- pulalatu)-), thus, Et tu spondesne quingentos, ni tuus SIT ? i. e. Jl probavero tmim non ejje. Then the plaintiff faid, Spondeo, ni meus sit. Either party loft his caufe if he refufed to give this promife, or to depolit the money requir- ed. Feftus fays this money was called SACRAMENTUM, be- caufe it ufed to be expended on facred rites ; but others, be- caufe it ferved as an oath, {quodiii/lar facrameatixeS.jjirisJuran- di ejfet), to convince the judges that the law-fuit was not un- dertaken without caufe, and thus checked wanton litigation. Hence it was called Pignus sponsionis, {quia violare quod qui/que promitiit pcrjidi^e eji,), Ifidor. Orig. v. 24. And hence Pignorc contendere, etfacrafncjito is the fame, Cic. Fam. vii. 32. deOrat.i.io. Sacramentum is fometimes put for the fuit or caufe itfelf, (pro ipfa petitione'), Cic. pro Caecin. 2'^. facrametitinnin liberta-, tern, i. e. can fa et vindicitc hbertatis, the claim of liberty, pro Bom. 29. Mil. 27. de Orat. i. lo. So SPONSIONEM FA- CERE, to raife a law-fuit, Cic. ^lint. 8. 26. Vcrr. iii. 62. Cvcin. 8. 16. Rofc. Com. 4. 5. Off. iii. 19. Sponjione lacejfere^ Ver. iii, 57. certare, Caecin. 32. vimere, Ouincl. 27. and al- fo znncereJpoTi/ioneni, Casein 31. or, judicium, to prevail in the caufe, /^'r. i.53. condcmnari fponfionis, to lofe the caufe, Cs- cin. 31. fpovftones, i. e. cauja, prohibitce judicariy caufes not allowed to be tried, Cic. Verr. iii. 62. G ff The 234 ROMAN ANTIQUITIES. The plaintiff was faidyrtrr(3z«^;7^o xt\fponJione provocare, ro^ gare, queer ere, etjiipulari. The Atitwdznt, contendere ex pro- vocatiofie vel/acramento, et rejlipulari, Cic. pio Rofc. Com. 13,, Valer. Max. ii. 8. 2. Feitus ; Varr. de Lat. ling. iv. 1,6. The fame form was ufed in claiming an inheritance, (m HiEREDlTATis petiTione), in claiming fervitudes, &:c. But in the laft, the action might be exprefied both affirma- tively and negatively, thus, aid, jus esse, vel non esse. Hence it -was called Adlio confessoria et negato= RIA. 2. Personal Actions. Personal aftions, called alfo CONDICTIONES, were very numerous. They arofe from fome contrail, or injury done ; and required that a perfon ihould do or give certain things, or fuffer a certain puniihment. A6lions from contrails or obligations were about buying and felling ; (de emptione et venditione), about letting and hiring, (^de locatioiie et conduBione : locahatur vel domus, \e\. fundus, vel opus faciendum, vel veBigal ; JEdiu?n conductor Inquilinus, fundi colonus, operis redemptor, veBigalis publicanus vel MAUCEFS dicebatur^ : about a commiflion, (demandato); part- nerfliip, (defocietale^ ; a depollte, (de depofito apudfequeflreni) ; a loan, {de commodato vel mutuo), proprie Commodamus 'Defies^ libros, vafa, equos, etfimilia, qucs eadem redduntur : mutuo au~ tern DAMUS ca, pro quihus alia redduntur ejufdem generis, ut nutnmos , frumentum , vi/iutn, oleum, etfere cater a, qutx ponderc, numero, vel menfurd dari folent^; a pawn or pledge, (^e /6y^o- theoa velpignore'); a wife's fortur.e, (de dote vel re uxoria^; a flipulation, (de flipulatione^, which took place almoll in all bargains, and was made in this form ; An spondes ? spoN- DEO : An DABI3 ? DAPO : An PROMITTIS ? PROMITTO, vel repromitto, \3c. Plaut. Pfeud. iv. 6. Bacchi-d. iv. 8. When the feller fet a price on a thing, he was faid IN^)ICA- RE ; thus, IxDiCA, FAC PRETIUM, Plaut. Perf. iv. 4. 37. and the buyer, Avhen he offered a price, liceri, i. e. rogare quo pretio liceret auferre, Plaut. Stich. i. 3. 68. Cic. Vert', iii. 33. At an au6lion, the perfon who bade, (LICIT ATOR), held up hib forefinger, (indexi) hence digito liceri, Cic. ib. II. Judicial Proceedings, lie I35 tt. The buyer aiked, Quanti licet? ic. hahire vel fliz- ferre. The feller anfwered, Decern niimmis licet ; cr the like. Plant. Epid. iii. 4. 35. Thus fome explain, De Dru/i hortisy quanti liciiijfe, (^Hc. eas emere\ tu/cribis, audieram: fed quanti quanti, bene emitur quod tiecejfeejiy i^ic. Alt. -^ii.2T,. But moll here take licere in a paffive I'enfe, to be valued or appraifed: quanti quanti, fc. licent, at whatever price ; as Mart. vi. 66. 4. So Venibunt quiqui Ucchunt (v.'hoever fhall be appraifed or ex- pofed to fale, ftiall be fold), prcefenti pecunia, for ready money, Plaut. Menaech. v. 9. 97. Unius ajjis non unquam pretio pluris licuijfe, notante judice quo nofli populo, was never reckoned worth more than the value of one as, in the efliraatiou of the people, &.C. Horat. Sat. i. 6. 13. in verbal bargains or llipulations there were certain fixt forms, (STIPULATIONUM FORMUL,^, Cic. de legg. i. 4. vel SPONSIONUM, Id. Rofc. Com. 4.) ufually obferved between the two parties. The perfon who required the promife or obliga- tion, (STIPULATOR, 7^^/ qui pro77iitti curabat, y . fponf.omm exigebat'), aiked (rogabat v. interrogahat^ him who v*'as to give the obligation (PROMISSOR vel Repromissor, Plaut. Afin, ii. 4. 48. PJeud. i- i. 112. for both words are put for the fame thing, Plaut. Cure. v. 2. 68. v. 3, 31. Cic. Rofc. Com. 13.) be- fore witneffes, Plaut. ib. 33. Cic. Rofc. Com. 4. if he would do or give a certain thing ; and the other always anfwered in correfpondent words : thus. An dabis ? Dabo vel Dabitur, Plaut. Pfeud. i. i, 115. iv. 6. 15. Bacch. iv. 8, 41. An spon- DES? Spondeo, /c/. C«»v. V. 2. 74. Any material change or ad- dition in the anfwer rendered it of no eiFedl, \ 5. Inji. de inutil. Stip. Plaut. T^rin. v. 2. 34, &: 39. The perfon who required the promife, was faid to be reus stipulandi ; he who gave it, REUS PRo:^iiTTENDi, Digefl. Sometimes an oath was inter- pofed, Plaut. Rud. v. 2. 47. and for the fake of greater fecurity, {utpaEla et conventafrmiora effent^, there was a fecond perfon, v.'ho required the promife or obligation to be repeated to him, therefore called Astipulator, Cic. ^/int. 18, Pif 9. (^qui arrogabat'), Plaut. Rud. v. 2. 45. and another who joined in giving it, ADPRorviissOR, Feflus ; Cic. Att. v. i. Rofc. Amer. 9. Fide jussor vel Sponsor, afurety, who faid> Et ego spon- DEO IDEM HOC, or the like, Plaut. 'Trin. v. 2. 39. Hence Aflipulari irato confuli, to humour or ailiil, Liv. xxxix. 5. The perfon who promifed, in his turn ufually afked a cor- refpondent obligation, which was called RESTIFULatio ; both »-5l3, were called Sponsio, G g 2 Notbit?§ 236 ROMAN ANTIQ^UITIES. Nothing of importance was tranfafled anaong tlie Romaiis without the rogatio, or afking a queilion, and a correfpon- dent anfwer, {congrua refjoj/io): Hence Interrogatio for Stifulatio, Scnec. Benef. ill. 16. Thus alfo laws were pafied: the magiflrate allied, rogabat, and the people anfvvered, uxr ROGAS, fc. iiohunus. See p. 90, 93. The form of MaxCIPATIo or Mancipium, per as et librarr., was fometiraes added to the Stifulatio, Cic. legg. ii. zz, ^ 21. A llipulation could only take place between thofe who were prefent. But if it was exprelled in a writing, (Ji in injlrumen- iofcriptu?n ejjet), limply that a perfon had promifed, it was fuppofed, that every thing requifite in a itipulation had been, obferved, In/i. iii. 20, 17. Paull. Recept. Sent. v. 7. 2. In buying and felling, in giving or taking aleafe, {in Icca- tione vel conduciione)^ or the like, the bargain was finifhed by tlie fimple confent of the parties : Hence thefe contracts were called CONSENSU ALES. He who gave a wrong account of a thing to be difpofed of, was bound to make up the damage, Cic. Off. iii» 16. An earneft penny (arrha v. arrhabo)^ was fometimes given, not to confirm, but to prove the obli- gation, In/}, in. 23. — pr. Varr. L. L. iv. ^6. But in all im.- portant contrafts, bonds (SYNGRAPH/E) formally writ- ten out, figned, and fealed, were mutually exchanged between the parties. Thus Auguftus and Antony ratified their agree- ment about the partition of the Roman provinces, after the o- verthrow of Brutus and Cailius at Philippi, by'giving and taking reciprocally vvritten obligations, (j-/^'xy,uci7i,u.,fy;igraphce^ ; Dio, xlviii. 2, &. II. A difference having afterwards arifen between Caifar, and Fulvia the wife of Antony and Lucius his brother, who managed the afl'airs of Antony in Italy, an appeal was m.ade by Ca;far to the difoanded veterans ; who having afiembled in the capitol, conflituted themfelves judges in the caufe, and appointed a day for determining it at Gabii. Auguftus appeared in his defence ; but Fulvia and L. Anto- iiius, having failed to come, although they had promifed, were condemned in their abfence ; and, in confirmation of the fentence, war Was declared againfl them, which termi- nated in their defeat, and finally in the deftruftion of Antony y. Dio, xlvii. 12. &c. In like manner the articles of agreement between Auguftus, Anton}'', and Sex. Pompeius, were written out in the form of a contract, and committed to the charge of the Yeftal virgins, Dio, xlviii. 37. They were farther con- firmed Judicial Proceebings, i^c. 237 firmed by the parties joining their right hands and embracing one another, Il> But Ausruilus, fays Dio, no longer obferv- ed this agreement, than till he found a pretext for violating it, Dioy xlviii. 45. VVhen one fued another upon a written obligation, he was laid, a^erecumeo ex Syngrafha, Cic. Mur. 17. Actions concerning bai gains or obligations are ufually nam- ed, ACTIONES ernpt'i, venditz, locati vei ex locato, condiiBi vel ^-.v conduBo, mmidari, Sec. They were brought (Jntcndeban- t.;r), in this manner : The plaintiiT laid, AIO te miiii mutui COMMODATl, DEP03ITI NOMINE, DARE CENTUM OPORTERE i AIO TE MIHI FX STIPULATU, LOCATO, DARE FACERE OPOR- TERE. The defendant either denied the charge, or made exceptions to it, or defences, (^Actons mtentionein aut tiega- bat vel injiciahatury aut exceptions eUdehat)^ liiat is, he ad- mitted part of the charge, but not the whole ; thus NKGO ME TIDI EX STIPULATO CENTUM D.4 RE OPORTERE, NISI QUOD METU, DOLO, ERRORE ADDUCTtfS SPOPONDT, W M^I OJJOD ■MINOR XXV. ANNts spopoNDi. Then followed the SPONSIO, if the defendant denied, Ni dare facere deb eat ; and the RESTIPULATIO, si dare fag- re debeat ; but if he ex- cepted, the fponfio v/as, Ni dolo adductus spoponderit ; and the rejiipulatioy si dolo adductus sponderit. To tliis Cicero alludes, de Invent, ii. 19. Fin. 2. 7. Att. vi. i. An exception was exprefled by thefe words, si non, AC si NON, AUT, SI, AUT NISI, NISI QUOD, EXTRA QUAM SI. If the plaintiff anfwered the defendant's exception, it was called REPLICATIO ; and if the defendant anfwered him, it was called DUPLICATIO. It fometimes proceeded to a TRIPLICxVnO and QUADRUPLICATIO. The ex- ception? and replies ufed to be included in the Sfonsio, Liv. xicxix. 43. Cic. l^err. 1. 45. iii. 57, 59. C.scin. 16. VaL Max. ii. 8, 2. When the contraft was not marked by a particular name, the action was called actio PR.s:scRiPTrs verbis, aBio in- ccrta vel incerti; and the writ (formula) was not compofed by tiie praetor, but the words were prefcribed by a lawyer, Pill. Max. viii. 2, 2. Adlons were fometimes brought againft a perfon on ac- count of the contrails of others, and were called AdjeBitix qualitcitis. As the Romans efteemed trade and merchandife difhonour- able, 238 ROMAN ANTIQ^UITIES. able, efpeciallj if not extenrive, Cic. Off. i. 42. ir.flead of keeping inops themfelves, they employed flaves, freedmen, or hirelings, to trade oi\ their account, {negotiationibus pi-.tjicie" hant) who were called INSTITORES, {quod negotio gercndd injlabant) ; and aclioiis brought againfl the trader {in ne^oii- atorcTn), or againfl the employer {in domimtni)^ on account of the trader's tranfaaions, were called ACTIONES INSTI- TORItE. In like manner, a perfon who fent a fnip to fea at his own riil:, (^fuo pei-iailo ncivem mari immittebat), and received all the profits, {adquein omnes obventiones et reditus nwois pcvuenircnf)^ whether he was the proprietor {dominui) of the fhip, or hired it {7iavcm per aveffonem conduxiffet^, whether he commanded the fhip himfelf, (Jhe ipfe NAVIS MAGISTER efet), or em- ployed a flav^or any other perfon for that purpofe, {jiwdiprce- Jicerct), was called 7iams EXERCITOR ; and an action lay againft him {i}i eiim coJfipetebat, erat, vel dabatur), for the con- tracts m.ade by the mafler of the fhip, as well as by himfelf, called ACTIO EXERCITORIA. An aftion lay againfl a father or mafler of a family, for the contrails made by his fon or flave, called ciBio DE PECULIO or aBio DE IN REM VERSO, if the contrad of the flave had turned to his mafler's profit ; or aBio JUSSU, if the contrail had been made by the mafler's order. But the father or niafler was bound to make reflitution, not to the entire amount of the contrail, {non injoliduvi), but to the extent of tlie peculium^ and the profit which he had re- ceived. If the mafler did not jufrly diflribute the goods of the flave among his creditors, an action lay againfl him, called aBio TRIBUTORIA. An aftion alfo lay againfl a perfon in certain cafes, where the contract was not exprefled, but prefumed by law, and therefore called Ohligatio QUASI EX CONTRACTU ; as Vv^lien one, without any ccmmiiTion, managed the bufmefs of a perfon in his abfcnce, or without his knowledge : hence he was called NEGOTIORUM GESTOR, or voluntartus AMICUS, Cic. Cctci/i. 5. vel faocuRATOR, Cic. Brut. 4. 3. Pen At Judicial Proceedings, Isc. t^^ 3. Penal Actions. Actions for a private wrong were of four kinds : EX FURTO, RAPINA, D AMNO, INJURIA ; for theft, rob- bery, damage, and perfonal injury. I . The diiferent puiiifhments of thefts were borrowed from the Athenians. By the laws of the Twelve Tables, a thief in the night-time might be put to death : Si kox {nociu) fur- TUM FAXIT, SIM (Ji eu7n) ALiQUis occisiT (_occiderit) jure CJESUS ESTo ; and alfo in the day time, if he defended himfelf with a weapon : Si Luci furtum faxit, sim aliqjjis endo (^in) IPSO FURTo CAPsiT (^ceperit), verberator, illique, cui furtum factum escit (erit) addicitor, Ge/I. xi. ult. but not without having firft called out for afliftance, (Jed non nijl is, qui interemturus erat, qj^;iritaret, i. e. claiiiaretf QUIRITES, VOSTRAM FIDEM, fc. imploro, vcl PORRO QUIRl- TES.) The punifhment of flaves was more fevere. They were fcourged and thrown from the Tarpeiau rock. Slaves were fo addidled to this crime, that they were anciently called fures j hence Virg. Reel. iii. 16. ^uid dominifaeiant, undent eum talia fures ! fo Horat. Ep. i. 6. 46. and theft, servile procru.'m, Taeit. Hijl. i. 48. But afterwards thefe punifliments were mitigated by vari- ous laws, and by the editils of the praetors. One caught in manifeft theft {in FURTO MANIFESTO), was obliged to reflore fourfold, {ciuadrupulum), belides the thing ftolen ; for the recovery of which there was a real action (vindication a- gainfl the pofTeiTor, whoever he was. If a perfon was not caught in the act, but fo evidently guil- ty that he could not deny it, he was called Fur NEC ^IANI- FESTUS, and was pu;ufhed by refloring double. Cell. xi. j8. When a thing ftolen was, after much fearch, found in tbe poffeffion of any one, it was called Furtum coxceptum, (See p. 191.) and by the law of the Twelve Tables was pu- nifhed as manifeft theft, Gell. Ibid. ; Inji. iv. i. 4. but after- wards, "A.?, furtum nee manifejium. If a thief, to avoid detedion, offered things ftolen {res fur- tivas xtlfurto ahlatas') to any one to keep, and they v/ere found in 240 ROMAN ANTIQUITIES. in his poffeffion, he had an aftion, called A&io FURTi oBLAt: againft the perfon who gave him the things, whether it was the thief or another, for the triple of their value, ihid. If any one hindered a perfon to fearcli for ftolen thing?, or did not exhibit them when found, adtions v/ere granted by the praetor againft him, called ABiones furti prohibiti et non EXHIBITI : in the lall for double, Plaut. Pctn. iii. i. v. 6i. What the penalty was in the firft is uncertain. But in what- ever Planner theft was punifhed it was always attended with infamy, 2. Robbery (RAPINA) took place only in moveable things, '^in rebus Tnohilihus^. Immoveable things were faid to be vrjcK^.ed, and the pofleffion of them was recovered by an /«- terdiB of the praetor. Although tb.e crime of robbery (^crimen rapt US'), was much more pernicious than that of theft, it was, however, lefs fe- verely punilhed. An aftion {a&io vi BOkNOKUM kaptorum) was granted by the prator againft the robber {in raptoreni)^ only for fourfold, includirg what he had robbed. Ai.d there was no difference whether the robber was a freeman or a Cave ; only the pro-* prietor of the flave was obliged, either to give him up, {eiim noxce dedere), or pay the damage {damnu?n pr^ recipi, repudiari : He to whom the appeal v/as made, was faid, De vel ES appella- TIONE COGNOSCERE, JUDICAKE, SENTEVTIAM DICERE, PRO- NUNCIARE APPELLATIONEM JUSTAM licl INJUSTAM ESSE. After the fubveriion ox the republic, a final appeal was made to the emperor, -both in civil and cruninal affairs. Suet. Aug. 3^. lyio. Hi. 33. Aci. Apoft. XXV. 11. as formerly (pro- VOCATfo) to the people in criminal trials, S-uet. Ccef. 12. At firft this might be done freely, {antea vacuum id folutum- qiie pcend fuerat^, but afterwards under a certain penalty, 'Tacit, Annul, xiv. 28. Caligula prohibited any appeal to him, {jna- gijlratihus liberam Jurifdicfionem, et fine fui pro'oocatione con- cejjit\ Suet. Cal. 16. Nero ordered all appeals to be made from private judges to the fenate. Suet. Ker. 17. and under the fame penalty as to the emperor, (jit ejufdem pecuniae pericu~ lum facerent, cujus ii, qui imperatorem appellavere^, Tacit, ibid. So Hadrian, Digejl. xliv. 2, 2. Even the emperor might be requeued, by a petition (libello), to review hi^ cwu decree, (sententiam suam retractare). II. CRIMINAL TRIALS, (PUBLICA JUDL CIA. J /^RiMiNAL trials were at firft held (excrcehantur) by the ^^ kir,gs, Dioiiyf. ii. 14. with the affiftance of a council, {cui> conpJio), Liv. i. 49. The king judged of great crimes himleh, and left fmaller crimes to the judgement of the feirators. Tullus Hoftiliiis aupointed two perlons (DUUMVIRI) Vj 'try Judicial Proceedings, X^c i^^ try Horatius for killing his fifter, (<7?// Horatio perduellionem judiccirent), and allowed an appeal from their fentence to the people, Liv. i. 26. Tarquiuius Si/perbus judged of capital crimes bj himfelf alone, without anj' counfellors, Liv. i. 49. After the expulllon of Tarquin, the coiifuls at finl judg-^d and puniflied capital crimes, Liv. ii. i,. Hionyf. x. I. But after the law of Poplicola concerning the liberty'- of appeal, CSee. p. 109.) the people cither judged tliemfelves iu capital affairs, or appointed certain perfon.s for that purpofe, with the concur- rence of the fenate, who were called QUTCSITORES, or ^ueftores paricidii, (See p. 125.) Sometimes the confuls were appointed, Liv. iv. 51. Sometimes a diftator and maf- ter of horfe, Liv. ix. 26. who were then called Qlt.^esito- R£S. The fenate alfo fometimes judged in capital alFairs, Salh/Jl. Cat. 51, 52. or appointed perfons to do fo, Liv. ix. 26. But after the inilitution of the ^icv/iioftes perpetuce, ("See p. 1 25.) certain praetors always took cognifance of certain crimes, and the fenate or people feldom interfered in this matter, unlefs by way of appeal, or on extraordinary occalions. CRIMINAL TRIALS before the PEOPLE. ''T^RiALS before the people QUDICIA adpopiilum), were at •*- firft held in the Comitia Curiata^ Cic. pro Mil. 3. Of this, however, we have only the example of Horatius, ibid. After the inilitution of the Comitia Centuriata and Tributay all trials before the people were held in them ; capital trials, iu the Comitia Centuriata, and concerning a fine, in the Tr/- biita. Thofe trials were called CAPlTx\L, which refpe6led the life or liberty of a Reman citizen. There was one trial of this kind held in the Coriitia by tribes, namely of Coriolanus, Liv. ii. 35. but that was irregular, and conduced v>'ith vio- lence, Dionyf. vii. 38, &:c. Sometimes a perfon was faid to undergo a capital trial, periculum capitis adire, cavf am capitis xtlpro capite dicer e, in a civil adion, when, belides the lofs of fortune, his chara61cr TV'a? 254 ROMAM ANTIQ^UITIES. was atftake, (^cum judicium ejjet defamafortunifque), Cic. pro Quint. 9. 13, 15. Off. i. 12. The method of proceeding in both Comitia was the fame ; and it was requifite that fome magiflrate fhould be the ac- cufer. In the Comitia 'Trihutn the inferior magiflrates were ufually tlie accufers, as, the tribunes oraediles, Liv. iii. 55. iv. 21. Val. Alax. vi. i, 7. Gel!, x, 6. In the Comitia Centuriata, the fuperior magiflrates, as the confuls or praetors, fome- limes, alfo the inferior, as, the quaefhors or tribunes, Liv. ii. 41. iii. 24, 25. vi. 20. But the J are fuppofed to have acled bj the authority of the confuls. No perfon could be brought to a trial, unlefs in a private llation. But fometimes this rule was violated, Cic. pro Flacc. 3. Liv. xliii. 16. The magiitxate who was to accufe any one, having called an aflemblv, and mounted the i^c^r;-.?, declared that he would, againft a certain day, accufe a particular perfon of a particu- lar crime, and ordered that the perfon accufed (reus) fhould then be prefent. This was called DI CERE DIEM, fc. accu- Jationis, vel diel diBio. In the mean time the criminal was kept in ciiflody, unlefs he found perfons to give fecurity for his appearance, ("SPONSORES eum injudicio ad die?n diBam fijlendiy aut mnlBani, qua damnatus ejfet, folvendi)y who, in a capital trial, were called VADES, Liv. iii. 13. xxv. 4. and lor a line, PPviEDES, Gell.Vn. 19. jiufon. EidylL 347. (a praijiajid.o, Varr. iv. 4. ) thus, Pnp/lare aliquetn, to be re- fponlible for one, Cic. ad ^ Ir. i. 1,3. F.go Mejfalam Ccejari prajlahoy ib. iii. 8. So, Att. vi. 3. l^iin. Fan. 83. When the day came, the magiflrate ordered the criminal to be cited from the Rojira by a herald, Liv. xxxviii. 51. Suet. Tih. II. If the criminal was abfent without a valid reafon, (7""^ CAUSA SONTICA^, he vras condemned. If he was detained by indifpofition or any other neceflary caufe, he was fa*d to be excufed, (EXCUSARI), Liv. ihid. 52. and the day of trial was pat off, {dies PRODICTUS \e\produBus eji.) Any equal or fuperior magiflrate might, by his negative, hinder the trial from proceeding-, ibid. If the criminal appeared, (Ji reus fe Jlitijfst, vel ft fjiere- tur)y and no magiflrate interceded, the accufer entered upon ^is charge, (acc7ffationem injiituebat) which was repeated three times, with the intervention of a day betv/een each, raid fupported by witnefles, writings, and otlier proofs. la 2 each Judicial Proceedings, t^r. 255 each charge the punlfhment or fine was annexed, which was called AJN3QUISITIO. SometuTies the punilliment at firll propofed, was afterwards mitigated or increafed. /// mulEia temperdrunt trihuni; qiium capitis anqui/ljfent, Liv. ii. 52. ^uum tribjinus his pecunld anquifijjent ; tertib fe capitis ati- quirere dicerety 'i3c. 'Turn perdiieliionis fe judicare Cn. Fulvio dixit y that he prolecuted Fulvius for treafon, Liv. xxvi. 3. The criminal uLually flood under the Rofira i:i a mean garb, ■where he was expofed to the fcofFs and railleries (^probris et conviciis^ of the people, ihtd. After the accufation of the third day was finifhed, a bill (ROGATIO) was publifhed for three market-dajs, as con- cerning a law, in which the crime and the propofed punifh- ment or fine was exprefTed. This was called MULCTvE PCEN^VE IRPvOGATIO ; and the judaeaient of the peo- ple concerning it, MULCTS PCEN^VE CERTATIO, Cic. de /p,^. iii. 3. For it was ordained, that a capital punifh- ment and a fine Ihould never be joined together, (ne pcena ca- pitis cum pecimin conjungeretur), Cic. pro Dom. 17. (^'Tribuni plebis omiJlfa mulElce certatione, rei capitalis Pojihumio dixerunt')^ Liv. XXV. 4. On the third market-day, the accufer again repeated his charge ; and the criminal, or an advocate (patro/ms) for him, was permitted to make his defence, in which every thing was introduced which could ferve to gain the favour of the peo- ple, or move their compallion, Cic. pro Rabir. Liv. iii. 12. Then the Comitia were fummoned againil a certain day, in which the people by their fuffrages ihould determme the fate of the criminal. If the puniihment propofed was only a fine, and a tribune the accufer, he could fummon the Comitia 'Tri- huta himfelf ; but if the trial was capital, he alked a day for the Comitia Centuriata from the conful, or in his abfence, from the praetor, i/t'. xxvi. 3. xliii. 16. In a capital trial tlie peo- ple were called to the Comitia by a trumpet, {clajjico'), Seneca de Ira, i. 16. The criminal and his friends in the mean time ufed every method to induce the accufer to drop his accufation, {accufatione dejiflere). If he did fo, he appeared in the alTemWy of the people, and faid, SEMPRONIUM NIHIL MOROR, LJA). iv. 42. vi. 5. If this could not be efFedled, the ufual arts were tried to prevent the people from voting, (fee 256 ROMAN ANTIQ^UITIES. (fee p. 89.) or to move their compaffion, Li\j. vi. 20. xliiL 16. Gell. iii. 4. The criminal laying allele liis ufual robe, {toga alba) put on ^fordid, i.e. a ragged and old gown, (Jordidam et ohjoletarii) Llv. ii. 61. Cic. Verr. i. 58. not a mourning one (^pullam vel atra77i), as fome have thought; and in this garb went round and fupplicatcd the citizens ; whtnce. for des ox fqualor is put for guilt, ^nd fo7-didati or fc^ualidi for cviminzh. His friends and relations, and others who chofe, did the fame, Liv. iii. ^S. Cic. pro Sext. 14. When Cicero was impeached bj Clodius, iiot onlj the equites, and many young noblemen of their own accord, (p7~ivato confcnfii), but the whole fenate, by public confent, (^puhllco confJio^t, changed their habit {yejlem inuta- hant') on his account, ibid. 11, 12. which he bitterly com- plains was prohibited by an edicl of the confuls, c. 14. Pif. 8, gc 18. pojlredit. in Sen. 7. Bio, xxxvii. 16. The people gave their votes in the fame manner in a trial, as in pafiing a law. (See p- 93-) Lii). xxv. 4. If any thing prevented the people from voting on the day of the Comitia, the criminal was difcharged, and the trial could not a^ain be refamed, Q'l qua res lUum diem ant avfpiciis cut exaifatione fujlulit, tota cmifa judiciujnque fuhlatum ejl)^ Cic. pro Dom. 17. Thus Metellus Celer faved Rabirius from being condemned, who was accufed of the murder of Satu mi- nus forty years after it happened, Cic. pro Rahir. by pulling down the ftandard, which ufed to be fet up in the Janiculnni, (fee p. 84.) and thus dilTclvir.g the aflembly, Dio, xxxvii. 27- _ If the criminal was abfent on the lafl day of his trial, when cited by the herald, he ancientlv ufed to be called by the found of a trumpet, before the door of his houfe, from the citadel, and round the walls of the city, luirr. de Lat. Ling. v. 9. If ftill he did not appe^ir, he was baniflied, {exilium eifcifcebatur^ ; or if he liedlfrie country through fear, his baniihment was confirmed by the Cofnitia 'Tribata. See p. 98. % >/"' II. CRUIINAL Judicial Proceedings, U'r. 257 ir. CRIMINAL TRIALS before IMMJISITORS, iNquifitors (QUiESITOK.ES) were perlons invefled with -'■ a temporary authority to trj particular crimes. They were created iirft by tlie kings, Liv. i. 26. then by the people, ufual- \y'\r\X[\e. Comitia 'TrihutUf iv. ^l. xxxviii. 54. and fometimes by *:he fenate, ix. 26. xliii. 2. In the trial of Rabirius, they were, contrary to cullom, appointed by the praetor, Dio, 37, 27. Suet. Cief. 11. Tlieir number varied. Two were ufually created, (DUUM- VIRI), Liv. vi. 20. fometimes three, Sallujl. 'Jug. 40. and fometimes only one, Afcon. in Cic. pro Mil. Their authority ceafed when the trial was over, (fee p. 125.) The ordinary magiftrates were moll frequently appointed to be inquifitors ; but fometimes alfo private perfons, Lh.pajjtm. There was fometimes an appeal made from the fentence of the inquiiitors to the people, as in the cafe of Rabirius, Suet. C^rf. 11. Dio, xxsvii. 27. Hence Deferre judicium a fuhjelliis in rojlra^ i. e. a judicibus ad populum, Cic. Cluent. 6. Inquifitors had the fame authority, and feeui to have con- duced trials with the fame formalities and attendants, as the praetors did after the inftitution of the ^Ucvjliones perpetucv. To the office of ^Uirfitores Virgil alludes, JE.n. vi. 432. Afcon. in a£iion. in Vcrr. CRIMINAL TRIALS before the PRAETORS. T~'HE praetors at firft judged only in civil caufes ; and only two of them in thefe, the prcstor Urbcmus and Percgrinus. The other praetors were fent to govern provinces. All crimi- nal trials of importance were held by inquiiitors created on purpofe. But after the inflitution of the ^cejliones perpetuce, A. U. 604, all the praetors remained in the city during the time of K k their asS ROMAN A NTI QJ.JITI ES. their ofnce. After their eleclion, they determined by lot their diilerent jiirifdiclions. Two of them took cognifance of private cfiufes, as formerly^ and the reft preiided at criminal trials ; one at trials concern- ing extortion, another at trials concerning bribeiy, tie. Some- times there were two praetors for holding trials concerning one crime ; as, on account of the multitude of criminals concern- ing violence, Cic. pro Cluent. 53. Sometimes one preetor pre- fided at trials concerning two different crimes, Cic. pro Cal. 13. And fometimes the P ret for Peregrinus held criminal trials, as, concerning extortion, Afcon. in Cic. in tog. cand. 2, ; fo al- fo, according to fome, the prsetor JJrhanus. The praetor was aflifled in trials of importance bj a counfel of fele£ty//i//rf,(- or jurymen ; the chief of w-hom W'as called JUDEX QUESTION IS, or Princepsjudicum, Cic. et Afcon. Some have thought this perfon the fame with the prcetor or qucpjitor ; but they were quite diilerent, Cic. pro Cluent. 27. 33, 58. in Verr. i. 61. ^ilnBil. viii. 3. The judex quajlionis fupplied the place of the prsetor when abfent, or too much engaged. I . The Choice of the JUDICES or Jury. The JUDICES were at livft chofen only from among the fenators ; then, by the Sempronian law of C. Gracchus, only from among the equites ; afterwards, by the Sermhan law of Coepio, from both orders ; then, by the Glaucian law, only from X\\Q equites ; by the Livian law of Drufus, from the fena- tors and equites : But the law s of Drufus being foon after fet aiide by a decree of the fenate, tlie right of judging v^as again. reftored to the equites alone : Then, by the F hut inn law of Siivanus, the judices were chofen from the fenators and equi- tes, and fome of them alfo from the plebeians ; then by the Cornelian law of Sylla, only from the fenators ; by the Aure- han law of Cotta, from the fenators, the equites, and trihuni icrarii ; by the Julian law of Csfar, only from the fenators and equites ; and by the law of Antony, alfo from the officers of the ariTjy. See Manutius de legg. for Sigoniiis, and Hei- neccius who copies him, give a wrong account of this matter. The number of the judices was difFereiit at different times : By Judicial Proceehings, \3c. 259 Bj the law of Gracchus, 30c; of Servilius, 450 ; of Drufus, 600 ; of Plautius, 525 ; of Sylla and Cotta, 300, as it is thought from Cic Fam. \\ii. 8. of Pompey, 360, Paterc.n. 76. Uader the emperors, the number oijudices was greatly increafed, Plin. xxxiii. i. By the Scrvilian law, it behoved th&judices to be above thir- ty, and below iixty years of age. By other lav^^s it was requir- ed, that they Ihould be at leall twenty-five, D. 4. 8. but Au- gullus ordered thc^tjudicss might be chofen from the age of twenty, (a -jiscj^imo alkgit^. Suet. Aug. 32. as the befl com- mentators read the palTage. Certain perfons could not be chofen judiceSj either from fome natural defed, as, the deaf, dumb, &.c. or b}^ cuftom, as, women and Jlave.t ; or by law, as thofe condemned upon trial of fome infamous crime, (turpi etfamofojudicio, e. g. ca~ lumniiv, prcevaricationis, furti, vi honorum raptorum, injuria- rum, de dolo malo, pro focio, mundati, tuteLe, depojiti, &.c.) and, by the Julian law, thofe degraded from being fenators ; which was not the cafe formerly, Cic. Ciuent. 43. See By the Pompeian law, thtjudices were chofen from among perfons of the highell fortune. Thej'udices were annually chofen by the prsstor Urbanus or Peregrinus, according to Dion CaiTius, by the quasftors, xxxix. 7. and their names written down in a lift, (in album rela- TA vel alho defcriptci). Suet. Tib. ji. Claud. 16. Domit. 8. Senec. de benef. iii. 7. Gell. xiv. 2. They fwore to the laws, and that they would judge uprightly to the beft of their know- ledge, {de animi fententici). The judices were prohibited by Auguilus from entering thehoufe of any one, Dio, liv. 18. They fat by the prrjtor on benches, whence they were cal- led his ASSliSSORS ; or Consilium, Cic. AB. Verr. 10. and CoNSKSSORES to one another, Cic. fin. ii. 19. Sen. de benef. iii. 7. Gell. xiv. 2. The Judices were divided into DECURIi!^, according to their different orders ; thus, Decuria senatoria judicum, Cic.pro Cluefit. ^'j. terlia, Phil. i. S. Verr, ii. 32. Auguftus added a fourth decuria. Suet. 32. Plin. xxxiii. 7. (becaufe there were three betbre, either by the law of Antony, or of Cotta), confitling of perfons of an inferior fortune, who were called DUCENARII, becaufe they had only 200,000 felter- ccs, the half of the eftate of an eques, and judged in lelfer caufes. Caligula added a fifth decuria. Suet. 16. Plin. xxxiii, 1. f. 8. K k 2 Galba i6o ROMAN ANTIQ^UITIES. GaVoa refiifed to add a fixth dccuria, although ftrongly urged by many to do it, Suet. 14. The office of -sl Judex was attended with trouble, Cic. in Ver7\ i. 8. and therefore, in the time of Auguilus, people declined it ; but not fo afterwards, v/hen their number was greatly in- creafed. Suet, et PI in. ibid. 2. "Hoe Accuser in a Criminal Trial. Any Pvoman citizen might accufe another before the prie- tor. But it was reckoned dilhonourable to become an accu- fer, unlefs for the fake of the republic, to defend a client, or to revenge a father's quarrel, Cic. de Off. 11. 1^. Divinat. 20. Verr. ii. 47. Sometimes young noblemen undertook the pro- fecution of an obnoxious maglHrate, to recommend themfelves to the notice of their fellow-citizens, Cic. pro Cal. vii. 30. in Verr. i. 38. Suet. Jul. 4. Flutarch, in Lucullo. princ. If there was a competition between two or more perfons, who fliould be the accufer of any one, as between Cicero and Caecilius Judaeus, which of them ihould profecute Verres, who had been proprietor of Sicily, for extortion, it was determin- ed who Ihould be preferred by a previous trial, called DI VI- NATIO ; becaufe there was no qucftion about fafts, but the judices, without the help of witnefles, divined as it were, what was fit to be done, Cic. divin. 20. A/con. in Cic. Cell. ii. 4. He who prevailed, acted as the piincipal accufer, (ACCUSA- TOR) ; thofe Vvho joined in the acculation, {cauf^e vel accufa- tioni fubfcrihehant), and alTified him, were called SUESCRiP- TORES, Cic. divin. 1^. pro Mur. 2^. Fam. yiii.S. (id ^ Fratr. iii. 4, htnct fuhjcribere judicium cum aliquOy to com- mence a fuit againll one, Plin. Ep. v. 1. It appears, however, there were public profecutors of public crimes at Rome, Cic. pro Sex. Rofc. 20. FUn. Epijl. iii. 9. iv. 9. as in Greece, Cic. de legg. iii. 47. Public informers or accufers {^delatores puhlicortim criminuni) were called QUADRUPLATORES, Cic. Verr. ii. 8, 9. ei- ther becaufe they received as a reward the fourth part of the criminal's effedls, or of the fine impofcd upon him ; or, as others fay, becaufe they accufed perfons, who, upon conviiSion, ufed t© be condemned to p-oy fourfcld, {quadrupli dumnari) ; as, thoie Judicial Proceedings, 'kjc. "3.61 tliofe guilty of illegal ufur J, gaming, or the like, Cic.inC^- cil. 7. &.22. etihiAfcon. Paulas z^ndi Fejium. ^acit. Annul. iv. 10. But merceriar J and falfe accufers or litigants (calum- NIATORES) chiefly were called by this name, Cic. Verr. ii. 7. 8, ^i 9. Plaut. Per/, i. 2, 10. and alio thofe judges, who mak- iiig themillves parties in a caufe, decided in their own favour, (qui ir; fuurn rem litem vettere/it ; intcrceptores litis alienee, qui (ihi controvc-yfiofam adjudicarent rem), Liv. iii. 7 2 . Cic. Ceecin. 23. Seneca calls thofe who for fmall favours fought great returns, ^ladruplatorss heneficiorum fuorum, over-rating or o- ver valuing them, de Bene/, vii. 25. 3. Manner of Making the Accusation. The accufer fummoned the perfon accufed to court, {in Jus iiocahat'), where he defired (pojiuldbat) of the inquilitor, that he might be allowed to produce his charge, {jiomen deferre), and that the praetor would name a day for that purpofe, Cic. Fam. \'iii. 6. Hence Pojlulare aliquem de crimine, to accufe ; LIEELLUS POSTULATIONUM, a writing containing the feveral articles of charge, a libel, Plin. Ep. x. 85. This pCj^ulaiio or requeft was fometimes made in the abfence of the defendant, Cic. ad Fratr. iii. 1.5. There were certain days on which rhe praetor attended to thefe requefts, when he was faid Postulationibus vacare, PJin. Epijl. vii. 33. On the day appointed, both parties being prefent, the ac- cufer firfl took {concipiehat) a folemn oath, that he did not ac- cufe from malice, (calumniam jurabat), and then the charge was made (delatio nominis fiehat) in a fct form : thus, DICO I'el AIO, TE IN fr5:tura spoliasse siculos contra LEGEM CcRXELIA.M, ATQUE EG NOMINE SESTERTIUM MIL- LIES A TE REPETO, Cic. divin. 5. If the criminal was filent or confeffed, an eilimate of da- mages was made out, {lis ei vel ejus cpjlimahatur), and the af- fair was ended ; but if he denied, the accufer requefied (^pof- tulavit) that his name might be entered in the roll of criminals, {lit norr.en inter reos recipcretur, i. e. vt in tahulam inter reos referretm-), and thus he was faid REUMyirfr^, lege v. legihus interrogare, pojlulare: MULCTAM ?L\it. pcenam petere et re- petere. Thefe are equivalent to, nomen deferre, and difFei'ent from accufare, which properly iignifies to fubllantiate or prove i]ie charge, the fame with can/am agere, and oppofed to de- fenderty 262 ROMAN ANTIQ^UITIES. fendere, Quiiiiflilian, v. 13^ 3. Cic. Gael. 3. Dio, xxxix. 7, Digell. /. 10. de jure patron. If the prastor allowed bis name to be inrolled, (for he might refufe it, Cic Fatn. viii. 8.), tb.eu the accufer delivered to the praetor a fcroll or tablet, (LIBELLUS), accurately writtcin, inentioning the name of the defendant, his crime, and every circumftance relating to the crime, which the accufer fubfcrib- ed, Plin. Ep. i. 20, v. i. or another for him, if he could not write ; at the fame time binding himfelf to fubmit to a cer- tain puniflimeiit or fine, if he did not profecute or prove his ciiarge ; {cavebat fe in crimine peijcueraturum I'fque adfcntcn- iiam.^ Tliere were certain crimes which were admitted to be tried in preference to others, {extra ordinem), as, concerning violerice or murder, Flin. Ep. in. 9. And fometimes the accufed brought a counter charge of this kind againft his accufer, to prevent his own trial, Cic. Faf?i. viii. 8. Dio, xxxix. iS. Then the prastor appointed a certain day for the trial, ufually the tenth day after, Cic. nd ^ Fratr. ii. 13. A/con. in Cornel. Sometimes the 30th, as by tlie Licinian and 'Jidiati laws, Cic. in Vat. 14. But in trials for extortion the accufer required a longer interval. Thus Cicero was allowed 110 days, that he migiit go to Sicily in order to examine witnelfes, and col- lecl fafts to fupport his indiclment againft Verres, although he accomplifhed it in fifty ciays, Afcon. in he. Cic. Verr. AB. prim. 2. In the mean time the pgrfon accufed changed his drefs, (fee p. 87.) and f-:>ught out perfons to defend his caufe. Of defenders (DEFENSOllES), Afconius mentions four kinds ; FATRONI vel oratores, who pleaded the caufe ; AD- VOCATI, who aflitled by their counfel and prefente ; (the proper meaning of the word, Liv. ii. ^^.) PlvOCURATO- E.ES, who mana^jcd the bulinefs of a perfon in his abfence ; and COGNITORES, who defended the caufe of a perfon wiien prefent, Afcon. in divin. in Cacil. 4. Fejlus. But a cognitor m.ight alfo defend the caufe of a perfon when abfent, Horat Sat. ii. 5. v. 28, Cic. Rofc. Com. 18. hence put for any defender, Liv. xxxix. 5. The procuratores however, and. cognitores were ufed only in private trials, the patroni and ad\:ocati, alfo in public. Before the civil wars, one rarely em- ployed more than four patrons or pleaders, but afterwards of- ten twelve, Afcon. in Cic. pro Scaur. 4. Manner Judicial Proceedings, "ijc. 263 4. Manner 0/ conducting the Trial. On the day of trial, if the praetor could not attend, the mat- ter was put off to another day. But if he was prefent, both the accufer and defendant were cited by a herald. Ii the de- fendant was abfent, he was exiled. Thus Verres, after the firfl oration of Cicero againft him, caWcd a&io prima, went in- to voluntary banilhment ; for the five lail orations, called Uhriin Vcrrem, were never delivered, Afcon. m Verr. Verres is faid to have been afterwards reilored \yj the influence of Ci- cero, Senec. Suaf. vi. 6. and, what is remarkable, peridied to- gether with Cicero in the profcription of Antony, on account of his Corinthian veflels, which he would not part with to the Triumvir, PUn, xxxiv. i. LaBant. ii. 4. If the accufer was abfent, the name of the defendant was taken from the roll of criminals, (^de reis exemj>tum ejl), Alcon. in Cic. But if both were prefent, the jutlires or jury were fird cho- fen, either by lot or by naming, (per SORTITIONEM vel EDITIONERI), according to the nature of the crime, and the law by which it was tried. If by lot, the pr^eior or Judex qjuejlionis put into an urn the names of all thole who were appointed to h^ judices for that year, and then took out by chance (forte ediicehat') the number which the law prefcribed. After which the defendant and accufer were allowed to rejcdl (rejicere) fuch as they did not approve, and the praetor or ■ judex qtuejl'ionis fublfituted (fuhfort'iehatiir~) others in their room, till the legal number was completed, Cic. in Verr. Act. i. 7. Afcon. in Cic. Sometimes the law allowed the accufer and defendant to chufe Xhe j unices, in which cafe they were faid Judices ede- RE, and theyW/zVf^ were called EDITITII, Cic. pro Muren. 23. Plane. 15, 17. Thus by the Servilian law of Glaucia a- gainll extortion, the accufer was ordered to name from the whole number o^ judices an hundred, and from that hundred the defendant to chufe fifty. By the Licinian law, defodcditiis, the accufer was allowed to name the jury from the people at large, Cic. pro Plane. 17. The judices or iurv being thus chofen, were cited by a he- rald. 264 ROMAN ANTIQJJITIES. raid. Thofe who could not attend, produced their excufe, which the prsetor might fuflain {accipcre) or not, as he pleaf- ed, Cic. Phi!, v. 5. When tiiey were all alTembled, they fwore to the laws, and that they would judge upriglitlj, Cic. pro Rofc. A?k. 3. hence called jLRATT Horhere a falfe witnefs was beaten to death with (ticks by his fellow-foldiers, Folyh. vi. '^t^. 3. TABUL/E. By this name were called writings of eve- ry kind, which could be of ufe to prove thecliarge ; particu- larly account-books, {tahnlc^ accepti et expenfi), letters, bills or bonds, (^fyngropbie^. Sec. In a trial for extortion, the account-books of the perfon ac- cufed were commonly fcaled up, and afterw ards at the trial de- livered to the judges for their infpeftion, Cic. Verr. i. 23, 61, Balh. 5. The ancient Romans ufed to make out their private accounts, (j(d-ulas fc. acccpti et ex.heuji cottficere vel domefticas ratiofies fcribere^, and keep them with great care. They mark- ed down the occurences of each day firll: in a note -book, (ad- versaria, -Gr?i?7i), Avhich was kept only for a m.onth, {juen- Jlrua erant ;) and then tranfcribed them into what we call a Leger, {codex vei tahulcc^ which was preferved for ever, Cic, ^iint. 2. but many dropped this cuflom, after the laws or- dered a man's papers to be fealed up, when he was accufed of certain crimes, and produced in court as evidences againft him, Cic.Ferr.i. 2^, ^g. Fofc. C07/1. 2. Ccsl."]. y^tt. xii.^. Tufc. v. "i^-^. Suet. Ccef. 47 Tlie profecutor ha\ ing produced thefe different kinds of evi- dence, explained and enforced them m a fpeech, fometimes ia Judicial Proceedings, Ij^c. 267 in two or more fpeeclies, CL\ in T^err. Then the advocates of the criminal lepiied; and their defence fometimes Jailed for feveral davs, Afcon. 1:1 Cic. pro Cornel. In the end of iheir fpeeches (//•/ cpilogo vcl peroratiaue), tliey tried to move tlie com- palTion of the judiccs, and for that purpofe often introduced tiie children of the crirniaal, Cic. pro Sext. 69 In ancient times oiilj one couufel was allowed to each lide, Plin. Ep. i. 20. In certain caufes ocrfons were brought to utteft the charac- J. ,0 ter of the accufed, called Laudatores, Cic. pro Bulb. 18. Cluent. 69. Fam. i. 9. Suet. Aug. 56. If one could not pro- duce at leall ten of thefe, it was thought better to produce none, ; qua7n ilium quaji legitimum numerum confuetudinis 71071 expleri), Cic. Verr. v. 22. Their declaration, or that of the towns from which they came, was called L AUDATIO, ibid. which word coibmonly fignifies a funeral oration delivered from the Rojlra in praife of a perfon deceafed, by fome near relation, Cic. de Orat. ii- 84. Liv. v. 50. Suet. Ccef. vi. 84. Aug. 1 01. T/y. 6. "Tacit. Annul, v. i. xvi, 6. by an orator or chief magiftrate, Plin. Ep. ii. i. Each oiator, when he finillied, faid DIXI ; and when all the pleadings were ended, a herald called out, DIXERUNT, vel -ERE, Afcon. in Cic. Do7iat. in Tcr. Phonn. ii. 3. 90, &. /^- 4- Then the prcstor fent xhejudices to give their verdi(fl, (iti confdium /7!ittebaty ut Jente7ituun ferrent vel dicereiit^, Cic. Verr. i. 9. Cluent. 27, 30. upon which they rofe and went to deli- berate for a little among themlelves, ibid. Sometimes they palled feiitence (^fcnte7itias ferebcmt^ viva voce in open couit, but ufually by ballot. The praetor gave to each judex three tablets ; on one was written the letter C, for conder/mo, I con- demn ; on another, the letter A, for ahfolvo, 1 acquit ; and on a third, N- L. /lonliquet, ic. 7nihiy I am not clear, Cerf.B. Civ. in. 83. Each of the j'udices threw which of thefe tablets lie thought proper into an urn. There was an urn for each order of judges : one for the fenators, another for the equites^ and a t'lird for the tribinii ccrarii, Cic. ad QK Fratr. ii. 6. The praetor, having taken out and counted the ballots, pro- noujicsd fentence according to the opinion of the majority, {ex 'plurium fententici)^ in a certain form. If a majority gave in the letter C, the prae:or laid, Videtur fecisse, guilty, Cic. Verr. v. 6. Acad. iv. 47. If the letter A, NoN videtur L 1 2 FECISSE," 268 ROMAN ANTIQJJITIES. FECISSE, not guilty. If N. L. the caufe was deferred, (cau- sa AMPLiATA est), Afcon. in Cic. The letter A was called IJTERA SALUTARIS, and the tablet on which it was marked, tabella aesolutoria. Suet. Aug. ■>^'^. and C, litem TRISTIS, Cic. Mil. 6. the ta- blet, DAI\INATORr/^, S'let.ihid. Among the Greeks, the con- demning letter was 0, beeaule it was the full: letter of d^varoq^ death: hence called wor/'/y'^r////,'. Martial, vii. 36. ^r.dnigrum^ Perf. Sat. 4. v. 13. Their acquitting letter is uncertain. It was anciently the cuftom to ufe white and black pebbles (lapillivcl ca/c'i/li) in voting at trials : Jllos crat antiquis niveis atrifque lapillis, His dcMnnare feos, illis ahjolvcre culpdy Ovid. Met. XV. 41. Hence can fa paucornm calcidorum, a caule of fmall importance, where there were few judges to vote, ^ui?i6fil. viii. 3. Omtus calculus immitem demittitnr citer in urnam. He is condemned by all the judges, Gvid. ibid. 44. Repoftcire calculum dcteri^rem, to be condemned ; rneliorem, to be acquitted, Corp, yiiris. — Err on cdhinn calcinum ndjicere, to pardon or excufe, Plin. Kpijl. i. 2. To this Horace is thought to allude. Sat. ii. 3. 246. Cretd au carhom notandi ? are they to be approved or condemned? and Perfius, Sat. v. 108. but more probably to the Roman cuftom of marking in their kalendar unlucky days with black, (^carhcme, with charcoal ; whence dies atri for infaujli), and lucky days with white, (jC7-etd v&lcrejfd jiotd, with chalk, Horat. Od. i. 36, 10. called Creta, or terra Crejfa vel Cretica, becaufe it was brought from tbat ifland) : Hence notare xtXJlgn-are diem laEleci gemma vel alba, meliorihus lapillis, vel albis calculis, to maik a day as fortunate. Martial, viii. 45. ix. ^■^. xi. 37. Perf. Sat. ii, 1. Plin. Ep. vi. II. This cuftom is faid to have been borrowed from the Thracians, or Scythians, who every evening, before they flept, threw into aji urn or quiver, a white pebble, if the day had palTed agreeably ; but if not, a black one : And at their death by counting the pebbles, their life was judged. to have been happy or unhappy, Phn. vii. 40. To this Mar- tial beautifully alludes, xii. 34. The Athenians, in voting about the banif!:ment of a citi- zen who was fufpe6led to be too powerful, ufed lliells, {o-z^xhm, tejiL«v|, -x«f, no&ua), Gell. ii. 26. having an helmet on her head, and a plume jiodding formidably in tlie air ; holding in her right hand a fpear, and in her left, a iliicld, covered with the fivin of the goat Amalthca, by which flie was nurfed, (hence called iEGIS), given her by Jupiter, whofe ftiield had the fame name, Virg. JEn. viii. 354. t? ihi Serv. in the middle of which was the head of the Gorgon Medufa, a monfler with fnaky hair, which turned every ot.e wlio looked at it into Hone, ibid. There was a ftatue of Minerva, (PALLxADIU M), fuppofed to have fallen from heaven, which was religioufly kept in her temple by the Trojans, and ilolen from thence by Uh'fl'es and Diomedes. 'Tolcrare colo v'ltam temdqiie JSIinervd, i. e. lanificio non qusjiuofo, by fpinning and v.-caving, which bring fmall pro- fit, Virs;. JE.n. viii. 409. Inmtd Mirierva, i.e. adierjante et repugnante 7iat7rrd, againil nature or natural genius, Cic. OJf. i. 31. Agere all quid pin gui Minerva, fimply, bluntly, without art, Colmndl. i. pr. 33. xi. i. 32. Abnormisfapiens, crajfaqm Minerva, a philcfcpher without rules, and of ftrong rough Common fenfe, Horat. .Sat. ii. 2. Sus Miiiervam, fc. docet, a proverb againil a perfon, who pretends to teach thofe v/ho are wlfer than himfelf, or to teach a thing of which he himfelf is ignorant, Cic. Acad. \. 4. F£,/?z/.r.— Pallas is alfo put for oil, Ovid. Ep. xix. 44. becaufe fne is faid firll to have taught the ufe of it. 4. VESTA, the goddeis of lire. Two of this name are mentioned by the poets ; one tlie mother, and the other the daughter of Saturn, who are often confounded ; But the latter chiefly -was worfliippcd at Rome. In her fanclua.'-y was fuppof- ed to be prefcr-ved'the Pcdladium of Troy, (fatals pignus impe- rii Roniani^, Liv. xxvi. 27. and ii fire kept continually burning by a number of virgins, called the Vefial Virgins; brought by v^neas from Troy, Virg. JEti. ii. 297. hence hie locus ejl Veftctf RELiGio>f of the Romans. 277 ?if, quiYA.'LLATix/trvat et iGNEivi, Ovid. 'Triji.uu i. 39. ,..ar v/hich was the palace of Numa, ib. 40. Horat, Od. i. 2, 16. 5. CERES, the goddefs of corn and hufoandiy, the filler ci Jupiter ; worfnipped chiefly at Elt-ufis in Greece, and in Si- cily : her facred rites were kept very fee ret. She 13 repre- fented with her head crov/ned with the ears of ccra or pop- pies, and her robes falling down to her feet, holding a torc/i in her hand. She is faid to have wandered over the whole earth, v.:th a torch in her hand, which ihe lighted at mount iEtna : (Hi/ic Cererisfacris 7iunc quoqiic tceda datur, Ovid. Faft. iv. 494.) in quefl of her daughter Proferpina, who v/as carried off by Pluto PLUTUS, the god of riches, is fuppofed to be the fon of Ceres. Ceres is called Legifh-a, the Iciucgiver, becaufc laws were the eiTesSl of hufbandry, Plin. viii. ^G. and Arcana, becaufe her facred rites were celebr?.ted with great fecrecy, Horat. Od. iii. 2, 27. and with torches: whence, et per tccdiferce myjiica fiicra Deer, Ovid. Ep. ii. 42. particularly at Eleulis in Attic, (facra Eleujlnid), from which, by the voice of a herald, the wicked were excluded ; and even Nero, while in Greece, dared not to profane them, Suet. Ner. 34. Whoever entered without being initiated, although ignorant of this prohibition, was put to death, Liv, xxxi. 14. Thele initiated were called Myst.^, Ovid. Fajl. iv. 356. (a (a-ju, prcmo,^ whence fnyjlerium. A pregnant fow was facrificed lo Ceres, becaufe that animal was hurtful to the cornfields, Ovid. Pont. ii. 9, 30. Met. xv. iii. And a fox was burnt to death at her facred rites, with torches tied round it ; becaufe a fox wrapt round with itubble and hay fet on fire, being let go by a boy, once burnt the growing corns , of the people of Carfeli, a town of the i^qui, Ovid. Faji. '\\. 681, to 712. as the foxes of Sauifon did the Handing corn of the Philiflines, Judg. xv. 4. Ceres is often put for corn or bread ; as, Sz7ie Cererc et Baccho friget Vcmu, witliout bread and wine love grows cold, Terent. Eun. iv. 5, 6. C/c Nat. D. ii. 23. 6. NEPTUiSIE, (a nando, Cic. Nat. D. ii. 26. vel qjicd mare terras obnubit, ut niibes cesium ; a nuptu, ideji, opertione; ««:~c. p.](o Pythius, from leaving flain the fer- \)ent Python, {vel a wha-Oeti, quod con fuleretiir^. Apollo is ufuallv reprefented as a beautiful beardlefs young man, with long hair, (hence called intonjus et crinitus, Ovid. Tnft, iii, I. 6*.) holding, a bow and arrows in his right hand^ N ri and 282 ROMAN ANTIQJJITIES. and in his left hand a ijre or harp. He is crowned with laurel,- i- which was facred to him, as were the hawk and raven among the birds. Tlie fon of Apollo was y^SCULAPiUS, the god of phy- lie, \yorfliippfcd formerly at Epidanrus in ArgUis, under the form of a ferpent, or leaning on a itafi', round which a ferpent was entwined : reprefented as an old man, with a long beard, drelled in a loofe robe, Avith a llafF in his hand. Connecled with Apollo and Minerva were the nine MUSES ; faid to be the daugliters of Jupiter and Mnemosyne or memory ; Calliope, the mufe of heroic poetry ; Clio, of hiftory ; Melpo-^ mtne, of tragedy ; 'Thalia, of comedy and paftorals : Erato, of love-fongs and hymns ; Eiiterps, of playing on the flute ; 'Ttrpjtchorc, of the harp; Polyhymnia, of gcfture and delivery,- alfo of the three-ftringed inflmment called Barhitos, vel -oti ; and Urania, of aftronomy, jlufon. Eidyll. 20. Diodor. iv. 7. Phormiti/s de Katura Deoruni. The mufes frequented the m.ountains Farnqjfiis, HelicoT:^ Pierus, &.C. tJ:e fountains Cajialius, Aganippe, or Hypocreney^ &:c; whence they had various names, Heliconides, ParnafsideSf Pieridcs, Cajlalides, Thcfpiadcs, Pimpliades, \3c. 13. DIANA, the filler of Apollo, goddefs of the Vvoods and of hunting; called Diana on easth, Luna in heaven, and Hecate in hell ; hence tergenmia, diva trifonnis, Tria virginis ora Dian.-e, Virg. IE.n. iv. 52. Alfo Luclna, Illithya, et Geni- talis feu Geneiyllis ; becaufe flie aililled women in child-birth ; Nociiiuca, 'AwCiJidenim regina, Horat. Trivia, from her ftatues liandiiig VvUeie three ways met. Diana iii reprefented as a tall beautiful virgii^, with a quiver on her flmulder, and a javelin or a bow in her right hand, chafing deer or other animals. Thefe twelve deities were called Consentes, ~vm ; Varr. L. L. vii. 38. quia in conJiHu?n '^ovis adhibehantur, Auguftin. de Civit. Dei, iv. 23. Duoderim enim deos advocat, Senec. Q^ Nat. ii. 41. a confenfu, quaji conientientes ; vel a ccnfcndo^ 7". e. ccnfulo ;) and are comprehended in thefe two verfes of Ennius ; as quoted by Apuleius, de Deo Socratis ; jfuno, J'ejia, Minerva^ Ceres, Dia?ia, T'\?ms, Mars, Islercurius, Jovi\ Keptunus, Viilcaniis, Apollo. On anciei't infci-iptions tliey are th.us marked : J. o. M. /. d Jovi Optimo inaximo, Ceterisq^. T)1S Consentibus. They were alfo called dii MAG:>ri, Virg. jEn. iii. 12. Ovid. Amor. 'ij. 6-. and c;elE5TES, Vitruv. i. 8. Virg, lui. i. 391. Cic. legg. Religion q///^^ Romans. 283 'rgg. it. 8. or NOBILES, Ovid. Met. i. 172, and are reprefent- ed as occupying a different part of heaveii from the inferior gods, who are culled plebs, Hid. The DII SELECTI zvere Ei^bt in Number. 1. SATURNUS the god of time ; the fon of C.tlus or U- ranus, and T^crra or Vejia. Titan his brother relio-aed the kine;dom to him on this con- dltion, that he faould rear no male ottspriiig. On which ac- count he is feigned by the poets to have devoured his fons as ioon as they were born. But Khea found means to deceive liim, and bring up by Health Jupiter and his two brothers. Satvirn being dethroned by his fon Jupiter, lied into Italy, u.nd gave name to Latiiim, from his lurking tb.ere, {ci latendo). He was kindly receivevl by Janus king of that coixntry. Under Saturn is fuppoftd to hav^e been the golden age, when the earth produced food in abundance fpontaneoufly, when all things were in common, Virg. G. i. 125. and when there was an uitercourle between, the gods aiid men upon earth ; which ceafed in tlie brazen and iron ages, when even the virgin ^if. t}\e:i, or goddefs of jullice, hericlf, who remained on earth longer than the other gods, at lafl: provoked by the wicked- nefs of men left it. Ovid. Met. i. 150. The only goddefs then left v/as Hope, Id. Pont. i. 6, 29. Saturn is pai:;ted as a decrepit old man, with a fcythe in his hand, or a ferpent bitir.c- ciF its own tail. 2. JANUS, the god of the year, who preiided over the gates of heaven, and ^\lo over peace and war. He is painted with two faces, {bifroiis vel Liceps). His temple was open in time of v/ar, and ihut in time of peace, Liv. i. 19. A ilreet in Rome, contiguous to the Forum, where banker j lived, was called by his name, thus j'a/ius fummiis ah inio, the iT/eet Janus from top to bottom, Horat. Ep. i. i, 54. me dins, the middle part of it ; z J. <$"«?. ii. 3, 18. Cic. Fhil.x'i. $. Thorough-fares {tranf.tirjnes perviic') from him were called 'Jcai', and the gates at the entrance of private hcuies, 'Juniix^, Cic, Nat. D. ii. 27. thus dextro Ja'SO porf.'V CaR!\!KNTALIS, Liv. ii. 49. 3. RHEA, the wife of Saturn; called alfo Ops, CyLele, Mag?ia dialer. Mater HeQrum, Berecynthia, Idcco, and Di/idy~ vicm, from three mountains in Phrygia -. She was painted as a N n 2 matron, 2$4 ROMAN ANTTOUITIES. matron, crowned with towers, {turrita)^ iitting in a chariot drawn hv liccs, Ovid. Faji. iv. 249, &c. Cybele, or a f^pred Hone called by the inhabitants the mother. of the gods, was brought from PeJJlnus in Phrygia to Rome, in the tin-ieof the feconJ Punic war, Liv. xidx. 11, &: 14. 4. PLUTO, the brother of Jupiter and Idng of the infernal regions ; called alio Orcus, 'Jupiter tnfernus et Stygius. The ivife of Pluto was PROSERPINA, the daughter of Ceres, •whom he carried off, as flie was gatheiing flowers in the plains of Enna in Sicily ; called yimo itiferna or Stygia, often con- founded with Hecate and Luna or Diana ; fuppofed to preiide over forcevies or incantatiors, (ycr.eficiis praejffe^. There were many other inferr.al deities, of whom the clief were the FATES or i)ty?/«;W, (PARCi?^, a parcendo \e\ per An'TIPHRASIN, qvod nemini parcant^i, the daughters of Ju- piter and Therras, or of Erebus and Nox, three in number ; Cloiho, Lachefis, and Atropos, fuppofed to determine the life of men by fpinning ; Oiid. Pont. i. 8, 64. Ep. xii. 3. Clotbo held the diftaff, Lachefis fpan, and Atropcs cut the thread : When there was nothing on the diftafi to fpin, it was attended w ith the fame efFecl, Ovid. Amor. ii. 6, 46. Sometimes they are all reprefented as employed in breaking the threads, Lucan. iii. i8. The FURIES, {Enrich vcl Dirce, Evmenides vel Eritinyes^y alfo three in number, Alecio, uijiphbie, and Mtgc^^ra ; repre- fented with wings, and fnakes twiited in their hair, holding in their hands a torch and a whip to torment the wicked ; MORS vel Lethiivi, death ; SOr»INUS^ deep, &c. The punifliments of the infernal regions were fometimes reprefented m pictures, to deter men from ciimes, Pluut. Captiv. v. 4, 1. 5. BACCHUS, the god of \\ iue, the Ion of Jupiter and Sc- mele ; called alfo Lioer or Lyaus, becaufe wine frees the minds of men from care : defcribed as the conqueror of India ; repre- fented always young, crowned with vine cr ivy leaves, fome" t'mes with hdrns, hence called corniger, Ovid. Ep. xiii. 33. holding in his hand a thyrfus or fpear bound with ivy ; his cha- riot was drawn by tygers, lions, or lynxes, attended by Silenus his nurlc and preceptor, Bacchanals (frantic women, Eacchce, 'Thyades \&\ Mcetiades^, and fatyrs, Ovid. Fajl. xii. 715 — ►77c. Ep. iv. 47. The facred rites oi Bacchus {Bacchatialia^ ORGIA vel Dionyf.a)^ were ceiebrated every tliird year, (hence called trieterica^ in tlie night time, chiefly on Cithccrcr^ znd Lfmenus^ in Bceotia, on IJinarus, PJ:od(^>e, and Ed^n, \\^ Thrace. RPIAPUS, Heligion of the Romans, jtSj PRIAPUS, the god of gardens, was the fon of Bacchus ^nd Venus, Serv. iti Virg. G. iv. iii. 6. SOL, the fun, the fame with Apollo ; but fometimes al- fo diftinguifhed, and then fuppofed to be the fon of Hyperion^ one of the 'Titans or giants produced by the earth ; who is al- io put for the fun. .So/ was painted in a juvenile form, having his head fur- rounded with rays, and riding in a chariot drawn by four horfes, attended by the Horce or four feafons, Ver, tlie fpring ; JEjlas, the fummer ; Atituviniis, the autumn •, and Hiems, the winter, Onsid. Met. ii. 25. The fun v as worihipped chiefly by the Perfians under the name of Mithras. 7. LUNA, the moon, as one of the Dii Selefii, was the daughter of Hyperion, and filter of Sol. fler chariot was drawn only by two horfes. 8. GENIUS, the dxmon cr tutelary god, who was fuppofed to take care of every one from his birth during the whole of life, places and cities, as well as men, had their particular Genii. It" was generally believed that every perfon had two Genii, the one good, and the other bad. Defraudare gcnium fimm, to pinch one's appetite, Ter. Fhonii. i. i, 10. Indulgere genio, to indulge it, Per/, v. 151. Nearly allied to the Genii were the LARES and PENA- TES, houfehold-gods, who prefided over families. Tne Lares of the Romans appear to have been the manei of their anceftors, Virg. JEn. Lx. 255. Small waxen images of them, clothed with the Ikin of a dog, Vv^ere placed round the hearth in the hall, (/« atrio). On feitivals tiiey were crowned with garlands. Plant. Trin. i. i . and facrifices were oflfered to them, 'Juvenal, xii. 89. Suet. Aug. 31. There were not only Lares domcjlici et fainiliares, but alio Compitales et tfiales, militares et marini, £cc. 1 he Penates (Ji've a penu ; eji enim omiie quo vefcuntur ho- mines, FENUS ; Jive quod penitus inf.dent, Gic. Nat. Deor. ii. 27. Diiper quos penitus fpir am us, Macrob. Sat. iii. 4. Ldef/z ac Magni Dii, Jupiter, Juno, Minerva, Serv. ad \'irg. iEn. 11. 296.) were worlliipped in the iuKeri'.-oil part of the houl^e, which was called Penetralia ; alfo Lmtluvium or Co/nphivium, Cic. et Suet. Aug. 92. There were likewife Publiii Penates, worlliipped in the Capitol, Liv. iii. 17. under whofe protec- tion the city and temples were. Thefe ^neas brought with him 286 ROMAN ANTIC^UITIES. him frciT. Troy, Virg. JEn. ii. 293, 717. iii. 148. iv. 598. Hence patni Penates, famiharcfque, Cic. pro Dom. 57. Some have thought the Lares and Penates the fame ; and thej feem fometimes to be confounded, Cic. P. ^^iin&. 16^ ££.27. V^e7'r. iv. 22. They were, hov/ever, different, Liv, i. 29. The Penates were cf divine origin ; the Lares of human. Certain perfons were admitted to the worfliip of the Lares^ who were not to that of the Penates. The Penates were wor- fliipped only in the innerii.oft part of the houfe, the Lares al- fo in the public roads, in the camp, and on fca. Lar is often put for a houfe, or dwellii-g: ^pto cum /are fundus, Horat. Od. i. 12, 44. Ovid. Fajl.\'u 95, &362. So Periates; thus, Nojiris fucced.e Penatihiis hofpes^ ^''ii"g' -^-n. yiii. 123. Plin. Pan. 47. Oi)id. Faji. vi. 529. DIL MINORUlvI gentium, or INFERIOR DEITIES. 'T^Hese were of various kinds : •*- I . Bii INDIGETES, or heroes ranked among the gods on account of their virtue and merits : of whom the chief were, HERCULES, the fon of Jupiter, and Alcmena wife of Amphitryon, king of Thebes : famous for his twelve labours, and other exploits ; fqueezing two ferpents to death in his cradle ; killing the lion m the Nemsan wood, the Hydra of the lake Lerna, the boar of Erymanthus, the brazen-footed Hag on mount Mcenalus, the harpies in the lake of Stympha- lus, Dicmcdes, r.r.d his horfes who were fed on human flefli, the Avild bull in the ifland Crete, cleaning the flables of Au- gcas, lubduing the Amazons and Centaurs, draggirig the dog Cerberus from hell, carrying off the oxen of the three-bodied Geryon from Spain, fixing pillais in thcfretum Gaditanum, or Straights of Gibraltar, bringing away the golden apples of the Hefperides, and killing the dragon which guarded them, flay- ing the giant Antccuc, and the monftrous thief Cacus, &c. Plercules was called AlcTdes from Alcaus the father of Ant- phitryon ; and Tirythius from Tiryns, the town where he was born; Oetceus, from mount Or/^, where he died. Being con- fumed by a poifoned robe, fent him by his wife Dejanira in a fit of jealoufy, which he could not pull off, he laid himfelf on 3 funeral pile, and ordered it to be fet on fire. 3 Hercules Religion of the Romans. 2S7 Hercules is reprefented of prodigious ftrength, holding a dub in his right hand, and clothed in the ikia of the Nema:an iion. Men ulcd to fwear by Hercules in tlieir aiTeverations ; Thr~ cle, Mehsrcle, vel -es ;' {o under the title of DIUS FIDIUS, i. e. Deusjidei, the god of faith or honour ; Ihus, pe?- Dium Fidiu/;!, Plaut. i:ie Ijiiis f.dius^ {c. juvet. Salh/Ji. Cat. 2^. Hercules was fuppofed to prehde over treafures ; hence Lives amico Hcrcule, Horat. Sat. li. 6, 12, dextj-o Hercide, by the favour of Hercules, Ferf. ii. 11. Hence thofe who ob- ' tained great riches confecrated (^poUucebant) the tenth part to iFiercules, Cic. Nat. D. iii. 36. Plant. Stich. i. 3, 8c. Eacch. iv. 4, 15. Plutarch, i/i CraJJo. ink. CASTOR and POLLUX, fons of Jupiter and Leda, the wife of 'Tynddrus king of Sparta, brothers of Helena and CI7- tcmneilra, faid to have been produced from two eggs ; from the one of which came Pollux and Helena, and from the o- ther, Caftor and Clytemneftra. But Horace makes Caftor and Pollux to fpring from the fame eg^. Sat. ii. i, 26. He liowever alfo calls them Fratres Helena, Od. i. 3, 2. the gods of mariners, becaufe their conflellation was much obferved at fea : — called 'Tyndaridcp, Gemini, &.c. Cajlor v.'as remarkable for riding, ■a.vA Pollux for boxing : Horat. Od.i. 12, 26. reprefented as riding on white horfes, with a ftar over the head of each, and covered with a cap; herce called Fra- tres Pile ATI, Fejiws. Catiill. ^iS- There was a temple at Pvorae dedicated to both jointly, but called tlie temj:'!^ only of Caftor, Dio, xxxvii. 8. Suet. Cccf. ic. iEneas, c?MftA.'yiipiter Indiges ; ?ind Romulus, QUIRINUS, after being ranked among the gods, either from ^^iris a fpear, or Cures, a city of the Sabines, Ovid. Faft. ii. 475. — 4S0. The Roman emperors alfo after their death were ranked a- mong the gods. 2. Tiiere were certain gods called SEMONES, (^z/^?femi- homines, minores diis et majorcs ho7i:imbus^, Liv. viii. 20. as, PAN, the god of fhepherds, ihe inventor of the flute ; faid to be the fon of Mercury and Penelope, Cic. worfhipped chiefly in Arcadia ; hence called Arcadius 2LnA Manaliiis, vel -ides, ct Lyceus, from two mountains there ; "Tcgcceus, from, a city, &c. called by the PvOmans Lnvus ; reprefented with horns and goats feet. Pan was fuppcfed to be the author of fudden fright?, or caufe - lefs alarms ; from him called Panici tcrrores, Dionvf. v. 16. FAUNUS and SYLVANUS, fuppcfed to be the larne with Pan. i88 ROMAN ANTIQ^UrriES. Pan. The wife or daugnter of Fauiuis was Fauna or Falua^ called alfo Marica and Bona Dea, Macrob. Sat. i. 12. Ti;ere v/ere feveral rural deities called FAUNI, who were lielieved to occalion the niglit mare, (Judilria noclis vel ephial- tcr,. i?:im{ttcre)^ Plin. xxv. 3. VERTUMNUS, who prefided over tlie chcmge of feafons and inerchandife ;— fiippofed to transform himfelf into diffe- rent iiiapcs. Propert. iv. 2. Hence Vcrtinmds natus iniqids^ an incor.flant man, Horat. Sat ii. 7, 14. POMONA, the goddefs of gardens and fruits ; tlie wife of Vertumnus, Ovid. Met. xiv. 623, &c. FLORA, the goddefs of flowers ; called Cloids by the Cxreeks, I.aClant. i, 20, 6. Ovid. Fajl. v. 195. TERMINUS, the god of boundaries ; whofe temple was always open at the top, Fejius. {Se fupra ne quid nifi fider'a cernat, Ovid. Fall, ii, 671. j And ivhen, before the building of the capitol, all the temples of the other gods were unhal- lowed, {cxaugurarentnr^, it alone could not, hiv. i. 55» v. 54. Jovi iisi REGi NOLUiT CONCEDERE, Gcll. xii. 6. which was reckoned an omen of the perpetuity of the empire, liv. ibid. PALES, a god or goddefs who prelldcd over flocks and herds ; ufually femini'.^e, Paftoria Pales, Flor. i. 20. HYMEN w/HYMEN^US, the god of marriage. LAVERNA, the goddefs of thieves, Horat. Ep. i. 16, 60. '\^ACUNA, who prefided over vacation, or refpite from bufmcfs, Ovid. Fajl. vi. 307. AVERRUNCl^S, the god who averted mifchiefs, (mala ttvcrruTfaJiat^, Varr. vi. \. There were feveral of thefe. FASCiNUS, vi'ho prevented fafcination or enchantment. ROBIGUS, the god, and Rubigo, the goddefs who pre- fer\edccrn from blight, (^a ruhi^ine,^ Gell. v. 13. T-.ilTHiTIS, the^goddefs of bad frnell:,, Serv.inVirg .^n. vii, 84. CLOACiNA, of the f/or/ftc, or common fewers. Under the Semones were comprehended the NYMPKS, (^ny?nph(^^, female deities, Vvho prefided over all parts cr the earth; over mour; tains, Oreddes \ woode-, Dryades, Hama- dryadcs^ Naptra- ; rivers and fountains. Naiades \e\ Naiades; tlie fea. Nereides, Oceanlcides, &.c — — .Each river was fup- pclbd to have a particular deity, who preuded ever it ; as Ti- l-eriiius over the Tiber, Virg. jEn. viii. ^1, & 77- Fj'idardis, ever the Po ; taurino vullu, with the countenance of a bull, and liorns : as all rivers were reprefcnted, (jjuodjlumiii: funt atro- ^. vt tturi, Feitus : vc! p>-ot>ter impetus ct mugiius aqvarum, Vet,> B.ELIGION of the Romans. 289 Vet. Schol. In. Horat. Od. iv. 14, 25. Sic tauriformis volvitur y ufl.h/s.') Virg. G. iv. 371. 0\jid. Met. ix. pr. JElian. ii. ^7,. C.laudian. Conf. Prob. 214. Sec. The fources of rivers were particularly lacred to fome divinity, and cultivated with reli- ;iou3 ceremonies, .^eriec. Ep. /\i. Temples were ere^led ; as to Clitumnns, Pltn. Ep. viii. 8. to IliiTus, Pcmjan. i. 19. fmall pieces of money were thrown into them, to render the prefid- i; '; a'.'itics propitious ; and no perfon Avas allov/ed to fwim near t!it: head of the fpring, becaufe the touch of a naked body was fi'.ppofed to pollute the confeerated waters, ibid. \£ 'Tacit. Au" ii".l. xiv. 22. Thus no boat was allowed to be on the laa:s Va^ dimonisj Plin. Ep. viii. 20. in which were feveral floating iHar^ds, ibid. & Plin. ii. ^S- /• 9*^* SacriHces were alfo offered to fountains ; as by Horace to that of Blanduiia, Od iii. 13. whence the rivulet Digentia probablj flowed, Ep. i. 18, 104. Under tiie Semones were alfo included tlae judges in the infernal regions, MINOS, JE-acus, znd P^hadama?ithies : CHA- RON, the ferrymen of hell, (Portitor, Fifg. JEn.Yi. 298. PoRT?lMEUS, -COS, y-avencd. iii. 266.) who conducted the fouls of the dead in a boat over the rivers Styx a id Acheron, and exafled from each his portorium or freight, (nauliim'), which lie gave an account of to Pluto ; hence called Portitor : the dog CEPvBERUS, a three-headed monfl:er, who guarded the entrance of hell. The Romans alfo worfliipped the virtues and afFeftions of the mind, and the like ; as. Piety, Faith, Hope, Concord, For- tune, Fame, &:c. Cic. Nat. D. ii. 23. even vices and difeafes. Id. leg. ii. II. Nat. D. iii. 25. jwvenal. i. 115. and iinder the emperors likewife foreign deities, as, IJIs, Osiris, Anubis, of the Egyptians; Lucan. viii. 831. alfo the winds and the tempefts ; Eurus, the eaft v.'ind ; Aujicr or Notus, the fouth wdnd ; Zephyrus, the weft v/ind ; Bo7'eas, the north wind ; Africns, the fouth-weft ; Corns, the north-eafl : and tEOLUS, the god of winds, who was fuppofed to refide in the Lipari iflands, hence called /^^Af ^o/zW ; AUR^^, the air-nymphs or fylphs, &.c. The Romans worfliipped cert".:n gods that they might do them good, and others, that they might not hurt them ; as Averrunciis and Robigus. There was both a good Jupiter and a bad ; the former was called Dijovis, (ajuvando'), or Diefpi- ter, and the latter, Vejovis, or Vedius, Gell. v. 12. But Ovid makes Vejovis the fame with yupiter parvus, or non magnus, Faji. iii. 445, &.c. Go II. MINIS^ 290 ROMAN ANTIQUITIES. II. MINISTRI SACRORUM, the MINISTER^ of SACRED THINGS. npHE minillers of religion among the Romans, did not ■*■ form a diftincl order from the otlier citizens. (See p. IC3). They were ufuallj chofen from the moll honourable men in the ilate. Some of them were common to all the gods, {omnium dco- rum facerdotss ■) others appropriated to a particular deity, ^7mi alicui numini addict). Of the former kind were, I. The PONTIFICES, (« pcile facere, quia iliis jii.': erat facra faciendl ; vel potius a ponte f;,ciendo, nam ah lis fiihlicius ej}. faBiis primi/m, et rejiitvtusjtepe^ citm ideo facra et nls et cis 'Tibcrimfajif, A^arr. L. L. iv. 15. Dionyf ii. 73. iii. 45 ) were firft inftituted by Numa, Liv. iv. 4. Dionyf. ii. 73. chofen from among the patriciens ; four in number, till che year of the city, 454, when four more v.ere created from the plebeians, Liv. X. 6. Some think that crigirally there was only one Pontifex ; as no more are mentioned in Livy, i. 20. ii. 2. Sylla encreaf- ed their number to 15, Liv. Ep- 89. They were divided in- to Majores and Minores, Cic. Harufp. R. 6. Liv. xxii. 57. Some fupppfe the 7 ad-.'td by Syila and their fuccefibrs to have been called mino-res ; and the 8 old ones, and fuch as were chofen in their room, Majores. Others thir k the majores were tjatricians, and the minores tilebeians. Whr.tever be in this, the caufe of the diilinftion certainly exifted before the time of Sylla, Liv. ih. The whole number of the Pcjitifices was called COLLEGIUM, Cic. Bom. 12. The Pontifcei judged in all caufes relating to facred things ; and, in cafes where there was no written law, they prefcribed what regulations they thought proper. Such as neglefted their mandates, they coiild fine according to the magnitude <- i the offence. Dionyfius favs, that they were net fubject to the power of any one, nor bouiid to give account of their con- duct even to the fenate, or people, ii. 73. But this muft be underftood with fome limitations ; for we learn from Cicero, that the tribunes of the commons might oblige them, even a- ^ainll their will, to perform certain parts of their office, Dom. 45^ / Ministers o/Religiox. 291 45. and a;i appeal migiit be made from their decree, as from ail others, tothe people Afcon. in Cic. Mil. 12. It is certain, however, that their authority was very great, Cic. Dom. i. 51. Hanifp. R. 10. It particularly belonged to them to fee that the inferior pried s did their duty, Dionyf. ibid. From tiie different parts of their offis^, the Greeks called them, liJo^ioz^KxT-.tii, r.-^ovauoi, n^c2>vAecK^^, ti^opoivrxi, Scicrorum do&oreSf cidrriinijiratore.', cujlodes et interpreteSy ibid. From the time of Numa the vacant places in the number of Pcntijices^ were fupplied by the college, Dionyf. ii. 73. till the year, 650; when Domitius, a tribune, transferred that right to the people. Suet. Ner. 2. Cic. Rui/. ii. 7. Ve//. ii. 12. ,Sylla abrogated this law, Afcon. in Cic. Cctcil. 3. but it was rellored by Labienus, a tribune, through the influence of Julius Ceefar, Dioy xxxvii. 37. Antony again transferred the right of election from the people to the prietts, Dio, yXiy.foi. thus Le- pldus was chofen Pontifex M. irregularly, ihid.furto creatuSy Veil. ii. 61. In confifi'me rerum ac tiimiiltu,pontiJicatum maxi- vium inter cepit, Liv. Epit. 117. Panfa once more reftored the right of election to the people, Cic. Ep. ad Brut. 5. After the battle of Adlium, permillion was granted to Auguftus to add t6 all the fraternities of prieils as many abo-\e the ufual number, " as he thought proper ; which power the fucceeding emperors exercifcid, ib that the number of prieils was thenceforth very uncertain, Dio^ Ii. 20. l:ii. 17- The chief of the Pontifices was called PONTIFEX MAXI- MUS, ((j^ao^ maximus rerum, quie adfacra, et religiofies perci- 'lent, judex fit, Feftus : Judex atque arbiter rerum divinarwyi atque huinanarum. Id, in Ordo bACERDOTUM) ; which name ia firit mentioned by Livy, iii. 54. He was created by the people, while the otlier pontifices v/ere chofen by the college, Li'J. XXV. 5. commonly froai among thofe who had borne the iirft offices in the llate, ihid. The firft plebeian Pontifex M. was Tib. Coruncanius, Liv. Ep. xviii. This was an office of great dignity and power. The Ponti- fx M. was fuprem.e jiidge and arbiter in all religious matters, Liv. i. 20. ix. a6. He took care that facred rites were proper- ly performed ; and, for that purpofe, all the other prieils were fubjecl to, him, Liv. ii. 2. He could hinder any of them from leaving the city ; althougHTlnverLed with confular authority, Liv. Ep. xix. /. xxxvii. 5. "Tacit. yi?inal. iii. 58, 51. and fine fiich as tranigreffed his orders, even although they 'were magillrates, Liv, ibid. xl. 2, 42. Cic. Phil. xi. 8. How & 292 ROMAN ANTIQ^UITIES. How much the antient Romans refpefted religion and its minii^ers we may judge from this j that they impofcd a fine on Ttemellius, a tribune of the commons, for having in a dif- pute ufed injurious language to Lepidus the Fontifex M. {Sa- cror:tmqiie quam magijiratiiurijtispotent'iiisfidt), Liv. Ep. xlvii. But tlie Poiitijices appear, at lead in the time of Cicero, to have been, in fome relpe£ls, fubjei^ to the tribunes, Cic. Dom. 41;. It was particularly incuuibent on the Pontifex M. to take care of the facred rites of \ efta, Ovid. Yajl. iii. 417. Gell. i. 1 2. Senec. Contr. i. 2. If any of tlit- prieflelTes negiefted their duty, he reprimanded, Zzi;. iv. 44. or punifhed tnem, xxviii. II. fometimes, by a fentence of the college, capitally, Clc, Har. rejp. 7. legg. ii. 9. Liv. viii. 15. xxii. 57. Tlie prefence of the Fontifex M. was requilite in public and folemn religious acls ; as when magiftrates vovred games or the like, Liv.'ix. z"). xxxi. 9. xxxvi. 2. made a prayer, 5«^/. C/. 22. or dedicated a temple, Liv. ix. 46. alfo when a general devoted himfelf for his army, Liv. viii. 9. x. 7, 28. to repeat over before them the form of words proper to be ufed, (iis ver- ha pTceire, v. car??ien piuefari^, ibid. &: v. 41. which Seneca calls PoNTlFlCALE CARMEN, Co7ifol. ad Mcirc. 13. It was of importance that he pronounced the words without helitation, Valer. Max. viii. 13, 2. He attended at tlie Comitiu ; e- fpecially when prieils were created, diat he might inaugurate them, Liv. xxvii. 8. xl. 42. when adoptions or teflaments were made, '^acit. Hijl.'i. 15. Gcll.\.\Q). xv. 27. Cic. Dom. 13. Plin. pan. 37. At theie the other ^o//('//^Cc\f alfo attended : hence the comitiu were faid to be held, or what was decreed in them to be done, apud pontificcs^ ^tl pro coUegio pontijicum, in prefence of, ibid. Soler.ma pro pontzf.cefujcipere, to perform the due facred rites in the prefence, or according to tlie direc- tion of the Pontifex Alaxi?>2us, Liv. ii. 27. Any thing done in this manner was alfo faid Fontifcio jure feti, Cic. Dom. 14. And when the Fontifex ]S1. pronounced any decree of the college in their prefence, l;e was faid VKO collegio re- SPONDERE, Cic. pro Dom. 53. The decifion of the college was fometimes contrary to his own opinion. He however was bound to obey it, Liv. xxxi. 9. What only three pontifces de- termined was held valid, Ld. refp. Flur. 6. But in certain cafes as in dedicating a temple, the approbation of the fenate, or of a majority of the tribunes of the commons was requilite, Liv. ix. 46. The people, whofe power was fupreme in every thing, {ciijiis eji Junima potefias cnmium rcri:ri^ Cic. ibid.) might con- ler ^ Ministers 0/ Religion. 2,93 icr the dedication of a temple on whatever perfon they pleafed, s.nd force the Pontifex M to officiate, even againft his will ; as they did in the cafe of Flavins, Liv. ibid. In fome cafes the Flumines and Rex Sacrorum fcem to have judged together with the Poiitificesy Cic. Doni. 49. aud evc;n to have been reckoned of the fame college, ibid. 52. It was particularly the province of xho. pontijiccs to judge concerning marriages, T^acit. yinnal. i. 10. Dio, xlviii. 44. The Pontiftx Maximus and his college had the care of regu- lating the year, and the puolic calendar, Suet. J'u/. 40. Aug. 31. Mucrob. Sut.i. 14. 'called FASTI KALENDA- RES, becaufe the days of each month, from kalends to ka- lends, or from beginning to end, were marked in themt through the v/hole year, v/hat days were, fajli, and what ne- fajli, "ijc. Feilus ; the knowledge of which was confined to xho. pontijices and patricians, Liv. iv. 3. till C. Flavius divulged them, (fajlos circa forum in albo prapofuit), Liv. ix. 46. (See p. 187.) In the Fajii of each year were alio marked the names of the magiftrates, particularly of the confuls, Liv. ix. 18. Valer. Max.Vi.2. Cic. Stxt. li^. Att.'rv.^. Pi/\ i^. Thus, enuiiieratio ftxjiorumy qnzfi annorum, Cic.Fam.v. 12 Tufc. i. 28. ¥azti mcmores, permanent records, Horat. Od. iii. ly, 4. iv. 14, 4. picri, variegated with difterent colours, Ovid. Fcijl, \. 11. Jigna7ites tempora. Id. 657. Hence a hft of the confuls engraved on marble, in the time of Conllantius, the fon of Conftantine, as it is tliought, and found accidentally by fome perfons digging in the Forum, A. D. 1545, are called Fasti CoNSULARES, or the Cabitoline marbles, becaufe beautified, and placed in the capitol, by Cardinal Alexander FarneJ'e. In later times it became cuftomary to add on particular days, after the name of the fcftival, fome remarkable occurrence : Thus on the Lupercalia, it was marked {adfcriptum eJT) that Antony had offered the crown to Csefar, Cic. Phil. w. 34. — To have one's name thus marked {afcriptUTu) in the Fajli, was reckoned the highell honour, Cic. Ep. ad Brut. 15. Ovid. Fajl. i. 9. 'Tacit. Annul, i. 15. (whence probably the origin of canoniz?.tion in the church of Rome ;) as it was the greateil difgrace to have one's name eraied from the Fajli, Cic. Sext* 14. Pif. 13. Ferr. ii. 53. iv.fm. Tacit. Annul iii. 17. The books of Ovid, which defcribe the caufes of the Ro- man feftivals for the whole year, are ca led F^'AST) , Ovid. Fojl. i. 7. (Fastorum libri appcllantiir, in quibus totius anni Jit de- J'criptioy 294 ROMAN ANTIQ^UITIES. fcriptio^ Feftus, quia de cofjfulibus et regihus editifunty 111 J. vi. 8.) The fix firil of them only are extant. In antient times the Fontifex M. iifed to draw up a fliort ac- count of the public tranfaclions of every year, in a book, (in (dhi'?n efferehat, vel potius referehat)^ and to expofe this regi- Iter in an open place at his Iioufe, where the people might come and read it ; (^proponehat tahuldm domi, potejlas ut ejjet populo cognofcendi') ; which continued to be done to the time of Mu- cins Scasvola, who was llain in the mallacre of Marius and Cinna. Thefe records were called in the time of Cicero, ANNALES wftA,'//;^/, Cic. Orat. il. 12. Gell. iv. 5. as having been compofed by the Bontifex Maximus. The annals compofed by the Pontijices before Rome was taken by the Gauls, called alfo Commentarii, periHied moft of them with the city, Liv. vi. i. After the time of Sylla the Pontijices feem to have dropt the cuftom of compiling annals ; but feveral private perfons compofed hift orical accounts of the Roman affairs ; which, from their refemblance to the pontifi- cal records in the fimplicity of their narration, they likewife ililed Annales ; as Cato, Pi£lor, and Pifo, Cic. ibid. Liv. i. 44,55. ii'4°>5^* ^- 9> 37* ^•^^' I^ioriyf.iv.'],!^. Gell.i.ic). Hortenlius, Veil. ii. 16. So alfo Tacitus. The memoirs {C7ro^vvif*arci), which a perfon wrote concerning his own aaions, were properly called COMMENTARII, Cic. F(im,Y, 12. Sjll 16. Verr.Y.%1. Suet. Aug. ']^. 'Tib.6i. as Julius Ccefar modeftly called the books he wrote concerning his wars, Cic. Brut. 75. S2/et. Ccpf. ^6. and Gellius calls Xe- nophon's book concerning the words and actions of Socrates, (^cc7rof/.yiifC6viVf^i!croi.., Memorabilia Socratis^y xiv. 3. But this name was applied to any thing which a perfon Vv'rote or ordered to be written as a me7nora7idnm for himlelf or others, (^quce ccm- nieminiiVe opus ejjl't, notes to help the memory) ; as the heads of adifcourfe which oiie was to deliver, Cic. Bi'ut. 44. ^linc- tilian. iv. i, 69. x. 7, 30. notes taken from the difcourle or book of another. Id, ii. 11, 7. iii. 8, 67. or any book whatever, in which lliort notes or memorandums were fet down : Thus Commentarii t'egis Num8 ROMAN ANTIOJTITIES. aufpices peculiar to war, Hid. both of vrljich had fallen int« difufe ill the time of Cicero, ihid. 'Ihe Komans derived their knowledge of auguiy chieflj from the Tufcans ; and antiently their youth ufed to be in* flrucled as carefully in this art, as altei wards they were m the. Greek literature, Liv. ix. 36. Cic. legg. ii. 9. For this pur- pofe, by a decree of the fenate, fix of the fons of the leading inen at Rome, were feiit to each of the 12 Hates of Etiuria, ^ to be taught, Cic. div. i. 41. Valerius Maximus fays, tenj« i. I. It ihould probably be in both authors, one to each. Before the city of Rome was founded, Romulus and Remus are faid to liave agreed to dcteriiiine by augury {civgwiis lege- re) who thould give name to the new city, and who thoidd govern it when built. Romulus chofe the Palatine hill, and Kemus, the Aventine, as places to make their obfervations, {^templa ad inauguranduni). Six vuUurca firli appeared as ari omen or augury {avguriurn) to Rcrrius ; and atter tliis omen was annouiiced or fomially declared, {nunciato augurio, or as Cicero calls it, decantato^ Divin. 1. 47. See p. 87, 6^ 88.) twelve vultures appeared to Romulus. Whereupon each was faluted king by his own party. The partisans of Remus claimed the crov/n to him from his having leen the omen firft ; thofe of Romulus, from the number of birds. Tlirough the keenefs of the contell they came to blows, and in the fcufile Remus fell. The common report is, that Remus was flain by Romulus for having in derifion leapt over his walls, Liv. i. 7. After Romulus it became cuilomary that uo one fhoidd enter tipon an office without confulting the aufpices. Bicnvf. iii. 35. But Dienyfius informs us, that in his time, this cullom was cbferved ir.erely for form's fake. In the morning of the day, on which thofe elected were to enter on their magiftracy, they rofe about t^vilight and repeated certain prayers under the open air, attended by an augur, who told them that lightning had appeared on the left, Vvhic* was elleemed a good omen, al- though no fuch thing had happened. This verbal declaration, although falfc, was reckoned fufficient, Diotiyf. ii. 6. The augurs are fuppofed to have been firll inftiruted by Ro- mulus, three in number, one to each tribe, Liv. X. 6. as the "Harufpices, Dioriyf. li. 22. and conflnned bv Numa, ibid.G^* A fourth was a Ided, probably by S<^rvius Tullius, wlien he cncreafed the number of tribes, and divided the city into four tribes, Ld. iv. 34. Liv. i. 13. Theaugurs were at lirft all pa- tricians J till A. U. 454, V bea five plebeians were added, '■ - " Liv. Ministers o/'Religion. 299 Liv. X. 9. Sylla encreafed their nuinber to fifteen, Llv. Ep^ Ixxxix. They were at firfl chofen, as the other priefts, by the Comitia Curiata, Dionvf. ii. 64. atid afterv/ards underwent the faine changes as the pontificcs. Liv. iii. 37. See p. 290. The chief of the augurs was called Macistkr Collegii. The augurs enjoyed this lingula:- privilege, tliat of whvitever crime they were guilty, they could not be deprived of their office, Flln. Ep. iv. 8. becaufe, as Plurarch fays, ^. Rom. 97. they were entrufted with the fecrets of the empire, The I iws of friendlhip were antiently obferved with great care a- mong the augurs, and no one was admitted into their number, v/ho was known to be inimical to any of the college, Cic. Earn. iii. 10. In delivering their opinions about any thing in the college, the precedency was always given to age, Cic. Sen. iS. As the Pontifices prefcribed folemn forms and ceremonies, fo the augurs explained all omens, Cic. Harufp. 9. They deriv- ed tokens (/ignu) of futurity chieily from five fources, from appeai'ances in the heavens, as thunder or lightning, from. the linging or flight of birds, Stat. TBeb. in. 482. from the eating of chickens, from quadrupeds, and from uncommon ac- cidents, called Dir^e v. -a. The birds which gave omens by iinging (osCfN?:s) were rlie raven, (forvus^., the crow, (^cornix), the owl, [noBua vtlbjibo), the cock, (^galhis gaUina- ceus), &c. Fcflm. Flin. x. 20./ 22. 29, f. 42.— by flight, (alites Wpr.'Epetes), w^ere the eagle, vulture, &c. ih.Gelh vi. 6. Serv. in yirg. Aln. iii. ^61. Cic. div.i. i^']. Nat. D.ii. 64. -by feeding chickens, (pULLi), Cic. div. ii. 34. fee p. 88, much attended to in war, Plin. x. 22, y. 24. Liv. x. 40. and contempt of their intimations was fuppofed to occaiion fignal misfortunes ; as in the cafe of P. Claudius in the firil Funis v;ar ; who, when the perfon who had the charge of the chick-i< ens, (PULLARius), told him they would not eat, v/hich was cfleemed a bad omen, ordered them to be thrown into the. fea, faying, 'Then let them drink. After which, engaging the enemy, he was defeated with the lofs of his fleet, Cic. Nat. D. ii. 3. div. i. 16. Liv. Ep. xix. Valer. Max. i. 4, 3. Concern- ing omenous birds, &:c. See Statius, T^beb. iii. 502, &.c. The badges of the augurs {Qniamenta auguralia^ Liv. x. 7.) were, i . a kind of robe, called TRABEA, ftripped with pur- ple, (virgata vel palmata^ a trabibus diBa'), according to Ser- vius, made of purple and fcarlet, (^.v purpura et cocco miflum), in Virg. 2E,\\. vii. 612. So Dionylius, fpeaking of the dref? 9f the Salii, ii. 70. who defcribes it as fallsaed with clafps, P P a *^o 300 ROMAN ANTIQ^UITIES. ihid. hence hihaphvui, i. e. purpuram bis tinclam, co^itari, xa deiire to be made an augur, Cic. I am. ii. i6. lilmpho vejiire, to malce one, j4tt. ii. 9. 2. A cap of a conical ihape, like t\i2itoi the pontijices, ibid. 3. A crooked llafi', which they carried in their ri^ht hand to maik out the quarters of the hea- vens, (^qho rerioncs cccli determinarent), called LITUUS, {ha- cuhis V. -iim, yine nodo adu7icus, Liv. i. 18. lucur-vum et leviter a Jummo iiiflexum hacilliim, quod ab ejus litui^ quo canitm'^ Jinn- lit udi7ie'nomen invcnity Cic. divin. i. 17. Virga brevis, in parte qt'ci robujiior efl, inciirva^ Gell. v. 8.) An augur made his obfervations on the heavens, (SERVA- BAT de calo, v. calum, Cic. div. ii. 35. Doni. 15. Phil. ii. 32. Lucan. i. 6ci. v. 395-) ufualij in the dead of the night, C/>o/? riiediamnociem, Geli. iii. 2. media node, Liv. xxxiv. 14. cum ejl SILENTIUM, Feftus : nocie siLENTlo, Liv. ix. 38. viii. 23. aperto ccelo, ita ut apeitis utiliceat lucernis, Plutarch. (^ R.. 71. Id filentium dicimus in aufpicio, quod omnivitio caret, Cic. div. ii. 44.) or about twilight, Dionjf. ii. 5. The augur took his flation on an elevated place, called ARX or TEMPLUM, Liv. i. 6. vel tabernaculum, Liv. iv. 7. Cic. div. ii. T^^. which Plutarch calls oncrtr/t, in Marcell. p. 300.— » where the view was open on all fides ; and to make it fo, buildings were fometimes pulled down. Ilavirig firft offered up facriiices, and uttered a lolernn prayer, (EFFATA, plur. Serv. Virg. JEn. vi. 197. whence effari templum, to conie- crate, Cic. Att. xiii. 42. hinc fana nomvaata, quod pontijices in facrondo i-3X\Jiintjincmy \'2xx. L. L. v. 7.) he fat down (Jedem cepit insOLins sella,) with his head covered, (capite velato^), and,, according to Livy, i. 18, with his face turned to the call; fo that the parts towaids tlie fouth were on the right, (^partes dexhfe), and thofe to-*\ ards the north on the left, Qefjcc). Tiien he determined with his lituus the regions of the heavens from eaft to weft, and marked in his mind fome ob- jecl llraight forward, (Jignnm contra animo Jinivit)y at as great a diilance, as his eyes could reach ; within which boundaries he fliould make his obfervation, Liv. i. iS. This fpace was alfo called TEMPLUM, {a tuendo : locus augurii uut aufpicii ccvjci quihufdam ionceptis verbis Jinitus, Varr. L. L. vi. 2. Do- nat. in Ter. iii. 5, 42.) Dionyfius gives the fame defcription with Livy of the pofition of the augur, and of the quarters of the heavens, ii. 5. fo Hyginus, delimit. But Varo makes the augur look towards the fouth, which he calls/)ing]ots, (^for- tihus ducendis, Cic. div. ii. ^2. thus, Oracula fortihus cequatix ducuntur. Id. i. 18. that is, being fo adjufted, that they had all an equal chance of coming out firft, tlaut. Caf. ii. 6, "^^^'^ Thefe lots were a kind of dice {tali v. tejferce) made of wood, Flaut. Caf. ii. 6, 32. gold. Suet. Tib. 14. or other matter, Plaut. ibid. 46. Paiifan. 'MeJJen. iv. 3. Eliac. v. 25. with certain letters, words or marks infcribed on them, Cic. div. ii, 4 r . Thej were thrown commonly into an urn, ibid, fometimes filled with water, Plaut. ibid. 28, &. 33. and drawn out by the hand of a boy, or of the perfcn who confulted the oracle. The priefl of the temple explained the import of them, Cic. div. i. 34. The lots were fometimes thrown like common dice, and the throws efteemcd favourable or not, as in playing. Suet. Tib. 14. Propert. iv. 9, 19. Sortes denotes not only the lots then.fclves, and the anfwer returned from the explanation of them, thus, Sortes ipfas et cetera, qua: erant ad fortem i.e. ad refponfum reddendum j!>a;T/^i7, dijlurbavitjimia, Cic. div. i. 34. Liv. viii. 24. but alfo any verbal refponfes whatever of an ora- cle, (fortes quce vaticinatione funduntur, qua oracla verius di- cijnus,^ Cic. div. ii. 33, &l 56. DiBce per carmina fortes, He- rat, "art. p. 403. So Liv. i. 56. v. 15. Virg. JEn. iv. 346. vi. 72. Ovid. Met. i. 368, 8c 381, &c. Thus Oraculum is put both for the temple, Cic. Font. 10. Ep. ad Brut. 2. and the anfwer given in it, Cic. div. i. i, 34, & 51, &c. Tacitus calls by the name of Sortes the manner which the Germans ufed to form cor.jeclures about futurity. They cut the branch of a tree into fmall parts or flips {infurcidos^, and diftinguiih- ing thefe flips by certain marks, fcattcrcd them at random {te- mercacfortuit}}) on a white cloth . Then a prieft, if the prefage was made for the public, (fipublice ccnfulcretur'), if in private, the mafter of a familv, I'.aving prayed to the gods, and looking to heaven, took up each of the flips three times, and interpreted it according to the mark impreCed on it ; Tacit, de ?nor. G. lo. Of prophetic lets, thefe cf Praipefl;e were the moft famous, Cic. div. ii. 4 I. Suet. Tib. 6^. Lomlt. 15. Stat. Sylv. i, 3, 8c. Livy mentions among unlucky omens the lots of. Caere to have been diminiflied in their bulk, {extenuat^e^ xsi. 62. and of Falerii, xxii. I . Omers of futurity were alfo taken from names, Plaut. Perf. iv. 4, 73. Bacch. ii. 3, 50 Thofe who foretold futurity by lots, or in any manner whatever, were called Sortilegi ; Lu- 3 can. Ministers c/" Religion. 303 t;an. ix. 581. xvhich name Ifidorus applies tothofe, who, upon opening any book at random, formed cor.jc£lures from the meaning of the firrt line or paffage which happened to cail up, viii. 9. Hence in later writers we read of the Sortes Vir- GILIAN^, HomericcPy &.c. Sometimes felecl verfes were writ- ten on flips of paper, (^in pittaciis^, and being thrown into au urn, were drawn out like common lots ; whence of thefe it was faid, Sors excidit, Spartian. Adrian. 2. Lamprid. Alex. Sev. 14. — Thofe who foretold future events by obferving the ftars, were called Astrologi, Cic. divin. i. 38, 39. ii. 42. Verr. ii. 52. Mathematici, Suet. Aug. 94. "Tib. Cal. 57. Tacit. Hiji. i. 22. Juvenal. \\. ^Gi. xiv. 248. Genethliaci, Cell. xiv. I. from genejis vel genitura, the nativity or natal hour of any one, or the liar whicli happened to be then riling, (Jidus natalitiuni, Cic. div. ii. 43.) Juvenal, xiv. 248. Suet. Tit. 9. and which was fuppofed to determine his future for- tune : called alio Horofcopus (ab hora ijifpicienda,^ thus, Ge- minos, horofcope, vara '^for vario^ prodiuis ge?iio ; O natal hour, although one and tlxe fame, thou producell twins of diiTerent difpofitions. Per/, vi. i8. Hence a perfon was faid habc7-e im~ peratoriam ge?iejim, to whom an allrologer had foretold at his birth, that he would be emperor, Stiet. Vefp. 14. Bovi. 10. Thofe aftrologers were alfo called Chat.d^i or Baeylokii, bc'jaufe they came originally from ChalJaia or Babylonia, Strah. xvi. 739. or Mefopotamia, 1. e. the qountry between the con- flux of the Euphrates and Tigris, Flin. vi. 28. Diodor. ii. 29. Her.ce Chaldaicis rationibus eruditus, fldlledin aftrology, Cic. drj. ii. 47. Babylonica doBrinUy aftrology, Lucret. v. 726. — nee Babjlofiios tentdris 7iu?7ieroi\ and do wot try aftiological cal- culations, i. e. do not confalt an ailrologei-j Horat. Od. i. 11. whi.i ufed to have a book, (^Epheriicris, v. plur. -ides,') in which tlie riling ar.d fetting, the coajunction, and other appearances of the ftars v^^ere calculated. Some perfons were fo fuperfti- tious, that in the moft trivial affairs of life th.ey had recourfe to fnch books, P/i/i. 29, i. which Juvenal ridicules, vi, 576. An Afiatic aftrologer (^Plrryx Augur, et Indus,) lldlled in af- tronomy (jijlrcnwi mundiaue pcritiis), was confulted by the rich ; the poor applied to commoi fortune tellers, (fortilcgi ^■el divini,) who ufually fat in the Circus Maximus, ibid, which is therefore called by Yxox^.c^fuUax, Sat. i. 6, 113. Thofe wlio foretold futui^e events by interpretir-g dreams, were called, ConjeElores ; by apparent infpiratio:":, haricli, v. dfJini; vates v. "vaticinatores, ficc. Perfons 304 ROMAN ANTIQJJITIE5. Perfons difordered in tl.eir mind, {melanclioVui, cardiaci, tt phrefictici), were fuppofed to poflefs the faculty of prefagino- future events, Cic. div. i. 38. Thefe v.xre called by various other names ; CERRITI or Ceriti, Plaut, Amph, ii. 2, 144. Herat Sat. ii. 3, 278. becaufe Ceres was fuppofed fometimes to deprive lier worfiiippei's of their reafon, 'Non. i. 213. alfo LARVyiTi, larvarumpleni, i. e. furiofi et mente moti, quaji Lor- %-is etfpcBris exterriti, FeftuS. Plaut. Men. v. ^,2. and Lym_ PHATicr, or lymphati, Virg. Mn. vii. 377. Liv. vii. 17. (^ vymphisinfuroremaBi, rjy.ipcMTi^rei, l^arro L. L.v'i. ^. qtiifpi. ciem nuandam e fonte, id eft effigiem nymphcv vidcrint, Feftus), becaufe the nymphs made thofe who law them mad. Ovid. Ep. IV. &Q. Iiidore makes lymphaticus the fame with one feized wiih fhe hydrophobia^ {j^ui -an nam tint eat, Jogotps/Soj,), x. liter a L, Pavor lymphaticus, a panic fear, Liv. x. 28. Settee. Ep. 13. Nummi auri lymphatici, burning in the pocket, as eager to get out, or to be fpent, Plaut. Po'n. i. 2, 132. Mens lymphata Mara-oftco, intoxicated, Horat. Qd. i. 37,14. As hellebore was ufed in curing thofe who were mad, hence ellehorofus for infanus, plaut. Rud. iv. 3, 67. Thofe tranfported with reli- gious enthuliafm were called Fanatici, 'Juvenal, ii. 113. iv. 123. Ctc. divin. ii. 57. Dom. 60. from FANUM, z fari, be- caufe it was confecrated bj a fet form of words, (fando^, Feftus, &: Varr. L. L. v. 7. — or from Faunus, {^qui primus Jani csndiior fait), Serv. in Virg. G. i. 10. From the in- fluence of the moon on perfons labouring under certain kinds of infanitj, they are called bj later writers, LUNATICI. HARUSPICES, {ab haruga, i. e. hojita, Donat. in Ter. Phorm. iv. 4, 28. vel potivis a viSIimis, aut extis viElimarum in ara infpiciendis) ; called alfo ExTlSPiCESj Cic. div. ii. 11. Non. i. 53. who examined the vi6lims and their entrails after they were facriliced, and from thence derived omens of futu- rity ; Stat. Thcb. iii. 456. alfo frpm the Earne, fmoak, and other circum.ftances attending the facrifice ; as if the viftim came to tlie altf.r without refiftance, ftood there quietly, fell by One ftroke, bled freely, &.c. Thefe were favourable figns. The contrary are enumerated, Virg. G. iii. 486. Lucan. i. r>c9. Sec. They alfo explained prodigies, Cic. Cat. iii. 8. Div. 1. 3. Suet. ^ug. 29. P//V/. vii. 3. Their office refembled that of the augurs ; but tliey were not efteemed fo honourable : Hence, when Julius Caefar admitted Rufpina, one of them, into the fenate, Cicero reprefents it as an indignity to the or- der, Fam. vi. 18. Their art was called Haruspicina, v. ha-' rufpicuin MlN'ISTEHS o/RELIGIO>r. 3C5 rujplciim dijciplinci, Cic. div. i. 2. 41. derived from Etruria, where it is faid to have been difcovered by one Tages, Cic. div. ii. 23. Ovid. Met. xv. ^^t,. Lucan. i. 637. Cenforin. nat. d. 4. and whence Harui'pices were often fent for to Rome, Liv. v. 15. xxvii. 37. Cic. Cat. iii. 8. Lucan. i. 384. Martial, iii. 24, 3. Thej fo'metimes ame from the ealt ; thus ArmcniiLs vcl Comagenns harufpex, Juvenal, vi. 549. Females alfo praclifcd -this art, (Arusfic.^), Plaut. Mil. Glor. iii. I, 99. The college of the Harufpices was inllituted by Pvomulus, Dionyf. ii. 22. Of what number it conliiled is uncertain. Their chief was called Sum.mu3 Haruspex, Cic, div. ii. 24. Cato ufed to fay, he was furprifed that the Harufpices did not laugh when they faw one another, Cic. nat. D. i. 26. Di~ vin. ii. 24. their art v»'as fo ridiculous ; and yet wonderful in-, ftances are recorded of the truth of their predictioris, Liv. xsv. 16. Salluji. 'Jug. d"^. 'Tacit. Hijl. i. 27. Suet. Galb. 19. Suet. Cuf. 81. i)/o, xliv. 18. HI. QUIN"DECE:.IVIRI facrisfaciundis, who had the charge of the fibylline books, infpefted them by the appoint- ment of the fenate in dangerous junctures, and performed the facrifices which they enjoined. It belonged to them in particular to celebrate the fecular games, Horat. de carm.fcec. 70. "Tacit. Annal. ii. 11. vi. 12. and thofe of Apollo, Dio, liv. 19. They are faid to have been inilituted on the fol- lowing occafion. o A certain woman called Amalthaea, from a foreign coun- try, is faid to have come to Tarquinius Superbus, wifbing to fell nine books of Sibylline or prophetic oracles. But upon Tarquiri's refufal to give her tlie price which ihe a&ed, fhe v.'ent away, and burnt three of them. Returning foon after, (he foug'it the fame price for the remaining fix. Whereupon being ridiculed by the king, as a fenfelefs old woman, fhe went and burnt other three ; and coming back ftill demanded the fame price for the three v^hich remained. Geliius fays that the books were burnt in tlie king's prefence, i. 19. Tarquin, furprifed at the ilrange conduct of the woman, con- fulted the Augurs what to do. They regretting the lofs of the books, which had been deftroyed, advifed the king to give the price required. The woman theretore having delivered the books, and having delired them to be careTu'iIy r.ept, dif- ♦ippeared ; and was never afterwards feen, Dionyf. iv. 62. Q^q Ladant, 3o6 ROMAN A NTIQ^UITIES. LaElant. i. 6. Gell. i. 19. Plinjfajs :l:e burnt two books, and only preferred one, P//». xiii. 13. f. 27. Tf^rqiiin committed the care of thefi- books, called LiBRi Sibyllini, iUd. or ver- sus, Horat. car??!, f.ec. 5. Cic. Verr. iv. 49. to two mea (J^uiimvhi), of iiluUrious birth, Diovyf. ihid. one of whom, called Atilius, Dionrf iv. 62. orTullms, Valer. Maximus i. T, 13. he is faid to have puniilied, for being unfaithful to his truft, bv ordering him to be ftwed up alive in a fack, (Jn cule- U7n i??fui), and thrown into the fea, ihid. the punilhment af- tervv-ards infiided on parricides, Cic. Rofc. Am. 25. In the year 387, ten men (deceviviri) were arjpointed for this pur- pofe ; five patricians, and five plebeians, Liv. vi. 37, 42. af- terwards fifteen, as it is thought by Sylla, Serv. in Vii'g. /E-n. vi. 73. Julius Ceefar made them fixtcen, Dio, xlii. 31. xliii. 51. Tliev v.ere created in the fame m.anner as the Fo?itifices^ Dio, liv. 10. SceLexDo??/ffin. The chief of them was cal- led Magister Collkgii, F/i/f. xxviii. 2. Thefe S;bylline books v^-ere fuppofed to contain the fate of the Roman empire, Liv. xxxviii. 43. and therefore, in public danger or calamity, the keepers of them w-ere frequently or- dered by the fenate to infped, (cidire, irfpicere v. co?iJuIere) them, Liv. iii. 10. v. 13. vii. 27. xi. 12. xxi. 62. xxii. 9. xxix. 10. xxxvi. 37. xli. 21. They were kept in a flone cheft below ground in the temple of Jupiter Capitolinus. Eat the Capitol being burnt in the Marfic w^ar, the Sibylline books were deftroyed together with it, A. U. 67c. Whereupon ti.n'bafiadors were fent every where to collecl the oracks of the Sibyls, Tacit. ATiJial. vi. 12. For there were ether pro- phetic women befides the one who came to Tarquin, Faujan. X. 12. Lactantiiis from Varro mentions ten, i. 6. /£lian-, four, xii. 35. Piiny fays there vrcre ftatues of three Sibyls rear the Rojira in the Forum, xxxiv. ^.f. 10. The chief were tht" Sibyl of Cximc?, (Sibylla Qum.^ia), whom ^neas is fuppofed to have confulted ; called by Virgil Deiphohe, yEn. vi. 36, 98. from her age, longccvay 321. vivax, Ovid. Met. xiv. 104. ai:d the Sibyl of Er^^thrae, a city of Ionia, (Ery- thr.i:a Sibylla), Cic. divin.'i. \%. who ufcd to utter her oracles with fuch ambiguity, that, wl!ate^•e^ happened, fhe lllig^' ieem tu have predicced it, id. ii 54. as the pricftcfs of Apo'io at Delphi, Fniifan. iv. 12, &cc. the verfes, however, were fo c< ;?tiived, that the firit letters of them joined toge- ther ruade iome 'enfc ; hence called Acrostichis, or in the plural (icrojtichldesy {uy-et-Ayjis), F'ionyJ. iv. 62. Chriftiau v» liters Ministers c/Religiok. 337 writers often quote the Sibylline verfts in fupport of Chrif- tianitj ; as, Ladantlus, i. 6. ii. 11, 12. iv. 6. but thefe ap- pear to have been fabricated. From the various Sibylline verfes thus collefted, the ^///z- decemvirliw'daa out new books ; which Auguftus, (after hav- ing burnt all other propljctic books, fulidicilwri, both Greek and Latin, above 2000), depofitcd iv. two gilt cafes, (f oralis uuratis^, under the bafe of the fiaLut of Apollo, in the temple of that god on the Fal«tine hill, Suet. Aug. 31. to which Vir- gil alludes, JE.n. vi. 69, &:c. having iir it caufed the priells to write over with their own hands a new copy of them, becaufe the former books were fadinj^, widi age, Dio^ liv. 17. The ^uiiulcccTtiviri were exempted from the obligation of ferviiig in the army, and from other offices in the c:ty. Their priefthood was for life, Biojiyf. iv. 62. They were properly the priefts of Apollo ; and lience each of fhern had at his houfe a brazen tripod, {cortina vel tripus'), Serv. in V irg. ^n. iii. 332. Yal. Flacc. i. 5. as being fac red to Apollo, Suet. Aug. 52. Similar to that on which the ijrieftefs of Delphii'dt, which Servius makes a three-footed ftool or table, {jnenjajy ibid. 360. but others, a vafe with three feet and a covering, properly cal- led CortinUy (oAjWoc;, which alfo lignifies a large round cauldron, Plin. XXXV. n.y. 41. Varr. L. L. vi. 3. often put for the whole tripod, or fur the oracle, Virg. JEti. vi. 347. iii. 92. Ovid. Met. XV. 635. Flin. xxxlv. 3. f. 8. hence tripodas Jen- tire ^ to underlland the oracles of Apollo, Virg. JKn, iii. 360. Vv'^hen tripods are faid to have been given in a prefent, vafes or cups fupported on three feet are iiiiderflood, Virg. lEn. v. no. Horcit. Od. iv. 8, 3. Nep. Paif. i. Olid. Her. iii. 32. Suet. Ai'g. 52. fuch as are to be leea on antieat coins. IV. bEPTEMVlRI epulonumy who prepared the lacred ieafts at games, proceffions, aud other iolenin occafions. It was cuftomary among the Romans to decree feaRs to the gods, in order to appeafe their wrath, efpecially to Japiter, i^epulum'Jovis, v.-/), during the public games, (Judorum cau- fd), Liv. XXV. 2. xxvii. 38. xxix. 38. fai. xxx. 39. xxxi. 4. xxxii. 7. Thefe facred entertaiumeats became io numerous, that the Po?itificcs could no longer attend to them ; on which account, this order of prieils was inftituted to atl^as their af- liftarits. They were firlt created A. 557, three in number, (Triumviri Epulones,) Liv. xxxiii. 44. Cic. Orat. iii. 19. and Were allowed to wear the toga pratcxta, as the Po?itiJjces, ,'bid. la tb.efing. Triumvir Epulo, Id. xl. 42. Their num- 0^1 2 ber 3o8 ROMAN ANTIQ^UITIES. ber was encreafed to feven, it is thought by Sj-^la, Gell. i. 12. fmg. Septemvirque E.wi.isfejlis^ Lucan. i. 602. If any thing had been negleftedor wrongly performed in the public games, the Epulones reported it {ciffcrehant) to the Tontificcs ; by whofe decree tlie g^mes on that account were fometimes cele- brated anew, Cic. Harvjp. 10. Lh. {hid. The facred fcafts were prepared with great magnificence ; hence, Ccence ponti- Jiaimy V. pontijical-es, et aj/gurales, for fnmptuous entertain- ments, Horat. Od. ii. 14, 28. Macrob. Sat. ii. 9. The Po?ifi/ires, Augur e.i, Septeniviri Epiilovvs^ and .'^/I'nde- ccmviri, were called the four colleges of priefts, (^riT(Tx^ifj h^Mavveit, Dio, llii. I. Sacerdote.1 summorum collegiorum. Suet. Aug. 1 01.) When divine honours v/ere decreed to Auguftus, after his death, a fifth college was added, com- pofed of his priefts ; hence called Collkgium Sodalium Au- GUSTALIUM, "Tacit. Amial. iii. 64. Bio, Ivi. 46. Iviii. 12. So Flavialium collegium, the priefi s of Titus and Vefpafian, Suet. Dom. 4. But the nanie of COLLEGIUM was applied not only to fome other fraternities of priefts, Liv. xxxvi. 3. but to any number of men joined in the fame office ; as the Confuls, Liv. X. 22, 24. Praetors, Cic. Off. iii. 20. Qusef- tors. Suet. Claud. 24. Tribunes, Cic. Do?)i. 18. alfo to any body of merchants, L/'y. ii. 27. or mechanics, P///?. xxxiv. i , Plzfi Ep. X. 42. to thofe who lived in the capitol, Liv. v. 50, 52. even to an aflemblage of the meaneft citizens, Cic. Do?n. 28. or flaves, Cic pojl red. in Seh. 13. Sext. 25. Pif. 4. I'o each of the colleges of Po/itijices, Augures, and ^uinde- cemviri, Julius Cafar added one, Dio, xlii. 51. and to the Septemviri, three, Id. sXn. Jin. After the battle of Adium a power was granted to Auguftus of adding to thefe colleges as many extraordinary members as he thought proper ; which power was exercifed by the fucceedirg emperors : So that.tlie number of thefe colleges was thenceforth very uncertain, DiOy Ii, 20. lili. 17. They fee IT, however, to have retained their antient names ; thus, Tacitus calls himfelf ^uindece^iivirali facerdotio prxditus, Ann. xi. 11. and Pliny mentions a Sep- TEMVIR ErULONUIM, Ep. ii. II. It was antiently ordained by law, that two perfons of the fame family (^ix. tm olvta^ e-viymtx;^ Ihould not enjoj'' the iame priefthond, Bio, xxxix. 17. But under the emperors this regulation was difregarded. The oth" r fraternities of priefts were lefs confiderable r.!- though compofeJ of perfons of diilinguilhcd rank, I. FRATRES MixisTERS o/" Religion". 309 . I. FRATRES AMBAR VALES, twelve m number, who offered up facritices, for the fertility of tlie ground, («f arva frugss ferrent), Varr. iv. 15. whicli were called Sacra Am~ iawalLi, bccLxufe the vitSbim was carried round the fields, (^arva amhicbat, ter circutn ibat hofiiafnigeSy Virg. G. i. 345') Hence they were faid, agros Injlrare^ Id Eel. v. 75. et pur- gai'By Tibull. ii. i . i, St 17. and the viclim was called HosTiA AM3ARVALIS, Fejliis, Macrob. Sat iii. 5.) attended with a crowd of country people, having tlieir temples bound with garlands of oak leaves, dancing and linging the praifes of Ce- res ; to whom libations were made of honey diluted with milk and wine, {cui tuIuBs favosy i.e. mel, et viiti dilue Baccho, Virg. G. i. 344.) thefe facred rites were performed before they began to reap, privately as well as publicly, ihid. 347- This order of priefts is faid to have been inftituted by Ro- mulus in honour of his nurfe Acca Laurentia, who had 1 2 ions, and when one of them died, Romulus, to confole her, oftered to fupply his place, and called himfelf and the reil of her fons, Fratres Arvales. Their office was for life, and continued even in captivity and exile. They wore a crown made of the ears of corn, {corona fpiced), and a whit^ woollen wreath around their temples, {infulaalba^ Gell. vi. 17. Plin. xviii. 2. Inful^ er ant Jt.1 anient a lanea, qiiihus facerdotes et hoflue, templaqiie velabcmtur, Feflus. The wfuLe were broad woollen bandages tied with ribbands, (vitt:^^, Virg. G. iii. 487. ^n, X. 538. Ovid. Font. iii. 2, 74. ufed not only by prielts to cover their heads, Cic. Vcrr. iv, 50. Lucan. v. 142. butalfo 'i by fuppliants, C^rf. B. C. ii. 12. Liv. ::xiv. 30. xxv. 25. ^ Ta^V. Hiji. i. 66. 1. CURIONES, the priefls, who performed the public fa- cred rites in each curia, 30 in number. See p. i. Heralds who notified the orders of the prince or people at the fpec- tacles were alfo called Curiones, Plin. Ep. iv. 7. Martial. Frcef. ii. Plautus calls a lean lamb curio, i. e. qui curd macet, which is lean with care, Aul. iii. 6, 27. 3. FECIALES vel Fetiales, facred pcrfons eiripio3-crl in de- claring war and making peace, Liv. ix. 5. Toe Fecialit, who took the oath in the name of the Roman people m concluding a treaty of peace, w^as called PATER PATRATUS, {quod jusjurandiim pro toto populo patrabat, i. e. pr^Jlahat vel pera-- gebat), Liv. i. 24. The ieciales {collegium feci aliujUy \^\v. xxxvi. 3.) were inftituted by Numa Pompilius, borrowed, as Dionyfius thinks, i. 2i. ii. 72. from the Greeks: they are 3IO ROMAN ANTIQ^UITIES. are fuppcfed to have been 20 in number. Van-, apud Non, xii. 43. Thej judged ccncernin;; every thing whicli related to the proclaiming of war and the making of treaties, ibid, Cic.Iegg. ii. 9. the forms thejufed wereinflituted by Ancus. IJv. 1. 32. 'lliey were fent to the enemy to demand the reftitu- tion of tiTccls, (CLARIGATUM, i.e. resrapias, cV^Lie-repctitum,^ they always carried in their hands, or v.reathed round their temples, vervain, (jverhena,^ Serv. iu Virg. xii. 120. vel verLenuca, a kind of facred grafs or clean herbs, (fagmina v, herha: purce^ plucked from a particular place in the capitol, with tiie earth, in vi'hich it grew, ^gramen ex arce cum fun terra tvj/lfum ;) hence the chief of them was called Verbenarius, Flin. xxii. 3. xx::^. 9. f. 69. If they were fent to make a treaty, each of them carried vervain as an emblem of peace, and a flint Hone toilrikethe animal which was facriiiced, (privos lupides f.lices, privafque verle7ias^ Li v. xxx. 43. 4. SODALilS Titii vel Titierfes, piiefls appointed by Titus Tatius to preferve the facred rites of the Sabines ; or by Roinulus in honour of Tatius himfelf, 'Tacit, Anncd. i. 54. Hijl. ii. 05. in imitation of whom the priefts inflitnted to Auf^uflus after his death were called Scdales, ibid. tuet. Claud. 6. Gall. 8. 5. REX Sacrorv??!, \t\ Rex fucrijiculus, a pricfl appointed afttr the expulhon of Tarquin, to perform the lacred rites^ whith the kings themfelves ufed formerly to perform ; an office of fuiall importance, and fubjeft to the Fo7it'ifex Alaxi- tnus^ as all the other priefts were, Liv. ii. 2. DionyJ. iv. 74. v. I. Before a perfon was admitted to this pritlUiood, he w^as obliged to reiign any ether oflTice he bore, Li'o. xl. 52. His wife was called Regina, Macrob. Sat. i. 15. and his lioufe autiently R,egia, Scrv. in Virg. Jtn. viii. 363. The PPdESrS (fFARIICVLAR GODS. 'T^HE priefts of particular gods were called FLAMINES, ■*- from a cap or fillet {zjilo vel pileo), w hich they wore on their head, Varr. L. L. iv. 15. The cljief of thefe were, I. flatnen DIALIS, the prieft of Jupiter, who wws dif- tinguiilicd by a Mcior, fellu cundis, and tcga pr^etcxta, I-iv.H( Ministers o/" Reltgiojt. 311 i. 20. and had a right from his office of comins; into the fe- nate, Liv. xxvii. 8. Flamcn MARTiALlS, the pried of ^lars ; QUIRINALIS, of Romuhis, &c. Thefe three were always chofen from the patricians, Cic.dom. 14.— They were firft initituted by Numa, Liv. i. 20. Bionyf. ii. 64. who had liimfelf performed the facved rites, which afterwards belor.jT- ed to the Flame?!- Dlalis^ Liv. i. 20. 1 hey were afterivards. reated by the people, Gdl. xv. 27. when they were laid ta ■ >tekc]i, defignati, cirati vel d'l/iificiti, \'e\\.ii. 4^. Suet. Jul. I. and inaugurated or folemnly admitted to their oflice by the Pontifex M. and the Augurs, Cic. Phi/, ii. 4^. Brut. i. Suet. Cal. 12. Liv. XXX. 26. Valer. Max. vi. 9, 3. when they were faid inaugurari, prodi vel capi, ibid. & Cic. Mil. 10, 17. The Pontifex M. feerr.s to have nominated three peifons to the people, of whom they chofe one, "Facit. Annul, iv. 16. Ihe Flamines wore a purple robe called Ljena, Cic. Bint. 14. which feems to have thrown over their toga; hence called by Feftus duplex ami£tus, and a conical cap, called apes, Ltican. i. 604. La7ii7erofaue APICES, J'^irp-. liLn. viii. 66x. Al- * though not Pontijiccs, they feem to have had a feat in that co!- kge, Cic. Hanifp. 6. Dom. 9. Other Flamines were afterwards created, called Minores, who might be plebeians, Fejlus, as the Flamen of Carmenta, the mother of Evander, Cic. Brut. 14. The emperors alfo, after their confecration, had each of them their Flamines, and likev.'ife colleges of prielts who were called fodales. Suet. CI. 6. Thus, Flamen CiESARis, Suet. Jul. 74. fc. Antonius, Cic. Phil. ii. 43. Dio, xl. iv. 6. The Flamen of Jupiter was an office of great dignity, (maxi- MiE dignationis inter xv. Jlamines, Feftus.) but fubjecled to many reftriftions, as, that he iliould not ride on horfeback, Fcjl. (Sc Plin. xxviii. 9 nor ftay one night without the city, Liv. V. 52. 'Tacit. Aimed, iii. 58. nor take an oath, Liv. xxxi. 5c. and feveral others enumerated. Cell. ^, 15 Plu- tarch, q. Rom. 39. 43, 107, ic8, &c. His wife, {Fkuninica^ was likewiie u:^der particul^.r reftriclions, ihid. &. Tacit. Annal. iv, 16. Ovid, Fuji. vi. 226. but flie could ■ ot be di- vorced, and if fhe died, the Flamen refigned his office, Plu- tarch, q. Rom. 49. becaufe he could not perform ceitain facred rites without her affiftance, ihid. From, the death of Meruia, who killed himfelf in the tem- ple of Jupiter, (Jncif.s venis^ fvperfnfoque altarih us /anguine,') Cicero fays in the tcir])le of Vefta, Orat. iii. 3. to avoid the cruelty of Cinna, A, 066. Flor, iii. 21. Veil. ii. 22. there 2 was 312 ROMAN ANTIQUITIES. w'Tis no Fla?T2en Dlalis^ for "72 years. Tacit. Ami al.vA. 58. (Dio makes it 77 years, liv. -^6. but feems not conlillerit, ibid. 24.) and the duties of his funttion were/ performed by the Pontijlces ; till Auguftus made Servius Maluginenfis Prieit of Jupiter, Tacit, ibid. Suet Aug. 31. Julius Cccfar had indetd been elecled {dejiinatus. Suet. l. creatus. Veil. ii. 43.) to that office at 17 {penc puer^ ibid.) but not having been inaugurated, was foon after deprived of it by Sylla, ibid,. II. SxALII, the priefts of Mars, twelve in number, inllituted by Numa •, fo called, becaufe on folemn occalions they ufed to go through the city dancing, [afaltu nomina ducmit, Ovid. Fail. iii. 387. exjultantes Salii, Virg. JEn. viii. 66^. a faltando, quod facere iit comitio infacris qiiotannis folent et debent, Varr. iv. 15.) dreil in an embroidered tu.iic, {tunica pi5id)^ bound with a brazen belt, and a toga prcctexta or trabea ; having ou their head a cap rifmg to a confiderable height in the form of a cone, {apex, Kv^ficitna,') with a fword by their fide ; in their right hand, a fpcar, a rod, or the like ; and in their left, one of the Ancilia, or ihields of Mars, DicnyJ. ii. 70. Lucan fays it hung from theirneck, Kt Salius Icctoportat yincilia collo, i. 603. Seneca refembles the leaping of the Salii, {faltus saliaris), to that of fullers of cloth, (y.^A'7/j FVLLOXiUa), Ep. 15. They •ufed to go to the capitol, ttirough the Forum and other public parts of the city, iinging as they went, facred fongs, (^per ur~ hem ibarit cement es carmina cuj?i tripudiis folennique fcdtalu.^ Liv. i. 20. Horat. Od. i. 36, 12. iv. i, 28.) faid to havebeeft compofed by Numa, {Saliare Numa carmen^, Horat. Ep. ii. I, 86. Tacit. A?iJiaL ii. 83. which, in the time of Horace^ could haidly be underllood by any one, ibid, fcarcely by the priefts theuifelvcs, ^.'inSJi/ian. i. 6, 40. Fellus calls thefe verfes Axamenta vel AJ/hmeuta. The moff: folemn proceilion of the Salii was on the firft of March, in commemoration of the time when the facred fliield was believed to liave fallen from heaven, in the reign of Numa. They refembled the army dancers of the Greeks, called Cu- reies, from Crete, where that manner of dancing, called Pyr- RICHE, had its origin ; whether invented by Minerva, or, ac- cording to the fctbles of the poets, by the Curetes, who, being cntrufled with the care of Jupiter in his infancy, Serv. m Virg. iv. 151. to prevent his being difcovered by Saturn his father, drowned his cries by the found of their arms and cym- bals, Dionyf. ii. 7c. vii. 72. Hjgin. 139. It was certainly commori TvIlKISTEF.S o/" P.ELIGlOiJ. 3I3 tonimon among the Greeks in the time of Hoiner, //, vi. v. 494. Strab. X. 467, & 468,/.'/:. No one could be admitted into the order of the Siilli, unkfs a native of the place, and freeborn, wbofe fatlier and mother were alive. Lucan calls them Icda Juvcntus patficw, becaule chofen from tliat order, ix. 478. The Salii, after finifhing their proceflion, had a fplendid entertainment prepared for them. Suet. Claud. 33 ; hence, Saliares dupes, cofilj difties, Horat. Od. i. 37, 2. Epuluri Saliarem in ?;iodu7n, to feaft luxurioufly, Cic. Att. v. 9. Their chief was called pRiESUL, (i. e-. qui ante alio .^ f edit) ; who feems to have gone foremofl in the proceHion, Cic. divin. i. 26. ii. 66. their prin- cipal muflcian, Vates, and he v.ho adjrjitted new members, Magister, Capitolin. in Antonin. philof. 4. According to Dionjfiusj iii. 32. TuUus Hoftilius added twelve other Saliiy who were called Agoxales, -enfes, or Collini, froth hav ing their chapel on the Coliine hill. Thofe iiiftituted bj Nurna had their chapel on the Palatine hill ; hence for the fake of I* diftiniiion ther were called Palatini, Id. ii. 70. III. LUPtkCI, the prieHs of Pan ; fo called {a Into) from. a wolf, becaufe tliat god was fuppcfcd to keep the v.- elves from. I the iheep, Serv. in T'irg. JEn. viii. 343. Hence the place where he was worfhipped was called Lupefcal, and his feilival . Lupercalia-y which vvas celebrated in February ; at v.hich time : ,t\\%^ Liiperci T^a vip aird down the c;ty naked, having only a i-^fdle of goat's fkin roimd their waifl, and thongs of the fame • in their hands, with which they ftruck thofe they met ; par- ticularly married w^oraen^ who were thence fuppofed to be rendered prolific, Oi'id. lajl. ii. 427, Sc 445. (There were tiuee companies {fodalitcdei) gl Lupcrci ; two antient, called Fabiaxi and QuiiSTiLiAXij (c Fabio et Quin- tiVio prapojitisfi/is, Feilu^}, and a third cvdled JuLii, inftitut- , ed in honour of Julius Caelar, whofe firil chief was Antony j I and therefore, in tliat capacity, at the feilival of the Lupercalidy ' although conful, he Vv'ent alraoft naked into tm Jorum yuliur:, attended by his licfbors, and having made an harangue to the k people, {niidus c^7icic?iatiis ejl), Cic. Phil. ii. 34, Sc 43. frcm ! the Roftra, he, according to concert as it was believed, pre- fented a crown to Cacfar, who was fitting there in a goldea r chair, dreft ia a purple robe, with a golden diadem, which \ had been decreed him, furrounded by the v.'hole fenate and people, ibid. Antony attempted repiaredly to put the crown. on his head, addreffing him bv the title of KiXG, and declaring 314 ROMA^J ANTIC^UITIES. that v.hat he faU and did was at the defire of his fellow citizens, Dioj xlv. 31, &, 41. xlvi. 5. But Csefcir perceiving the ftrongell marks of averfion in the people, rejefted it, faying, that Juoiter alone was king of Rome, and therefore fent the crown to the Capitol, as a prefent to that God, Suet. Cccf. 79. Cic. Phil. iii. 5. v. 14. xiii. 8. 15, 19. Llo, xlvi. 19. Veil, ii. 56* Plutarch. Caf. p. 736. Anton, p. 921. A[)putn. B. C. ii. p. 496* It is remarkable that none of the fucceeding em- perors, in the plenitude of their power, ever ventured to af- fume the name of KiXG. As the Ltiperci were the moit antient order of priefls, faid to have been firil inftituted by Evander, Ovid. Fcifi. ii. 279. Liv. i. 5. fo they continued the longeft, not being aboliflied till the time of Anallafiu?, who died, A. D. 518. ' IV. POTITII and PINARII, the priefts of Hercules, In- HituCed by Evauder, Liv. i. 7. Virg. Mn. viii. 270. when he built an altar to Hercules, called Maxima, after that hero had llain Cacus, Liv. i. 7. faid to have been inftrndled in the facred rites by Hercules himfelf, Cic. Dorn. 52. Serv. in Virg. JEn. viii. 269. being then two of the moft illuftrious families in that place. The Pinarii happening to come too late to the facrifice, after the entrails were eaten up, (^extis adefis^ were by the appointment of Flercules never after per- mitted to taite the entrails, ibid. &i Diojiyf. i. 40. So that they afted only as affiftants in performing the facred rites ; (^Et domus Herculci cuftos Pir.aria faerie Virg, ibid). The- Potitii, being taught by Evander, continued to prefidc at the facrifices of Hercules, for many ages ; {AviTimn^?! fncri ejus fuerunt, Liv. ibid. Priinujijue Potitius au&cr, Virg. ibid.^ till the Pinarii by the authority or advice of Appius Claudius, the cenfor, having delegated their miniflry to public ilaves, their whole race, ^genus 07nnc, v. Gens Potitioriwi), confift- ing of 1.Z faniiUcc ^ became extinft, within a year ; and fome time after Appius loll his figlit : a warning, fays Livy, againft making innovations in religion, (^quod dimovemUs Jiatii Juo facris religioncni facer e pojjct^ ix. 29. V. GALLI, the priefts of Cybcle the mother of the gods, fo called from Gallus, a river in Phrygia, which was fuppof- ed to make thofe who drank of it mad, fo that they callrated themfelves, Fefcus ; as the priefts of Cja^ele did, Herodian. i. II. Ovid. Fajl. iv. 361. (^genitalia fibi ahjcindehant cultris la^ pideis vel Sainici tejid, with knives of ftone or Samian brick), Juvenal, ii, 116, vi. 513. MartiaL iii. 81, 3. Plin. xi, 49. f. 109. Ministers 0/ Religion. 315 X09. XXXV, 12. f. 46. in imitation of Atys^ -y^^i Attis, -idis, V. Attin, inisy Ovid. Fa^ft. Iv. 223, &c. Met. x. 104. Arnob. called alfo Curetes, Lucrct. ii. 629. Corybantes, Horat. Od. i. 16, 8. their chief Archigallus, Seri). in Virg. ix. 116. Plin. XXXV. 10. f. 7^6. all of Fhrygiiin extraclion, Dionyf. ii. ip. who ufed to carry round the image of Cybele, with the gef- tures of mad people, rolling their heads, beating their brealls to the found of the flute, {tihice Berecyjithice v. huxi), making a great noife with drums and cymbals, Horat. Od. i. 16, 7. Virg. /E?i. ix. 619. Sometimes alfo cutting their arras, and uttering dreadful predictions, Lucan. i, ^6^. Senec. Aled. 804. During the fellival called Hilaria, at the vernal equinox, (viii. Kal. April.) Mncroh. Sat. i. 21. they walhed with certain folemnities the image of Cybele, her chariot, her lions, and all her facred things, in the Tiber, at the conflux of the Almo, Gvid. Fajl. iv. 337. They annually w"ent round the villages, afking an alms, (Jlipem efyiendicaiites), ibid. 350. Font. i. I, 4c. Dionyf. ii. 19. which all other priefts were prohibited to do, Cic. legg. ii. 9, 16. AH the circumllances relating to Cyhele and her facred rites are poetically detailed by Ovid, iv///. iv. 181, 373. The rites of Cybele were difgraced by great indecency of expreflion, 'Juvenal. i\. 110. Augvfiin.de Civ. Dei, ii. 14. VIRGIN ES VESTALES, (ucc^k'm 'e«^<«^5?,) Virgins confecrated to the worfliip of Vefta, a prieflhood derived from Alba, Liv. i. 20. for Rhea Sylvia, the mother of Romulus, was a Veflal, ihid. 3. originally from Troy, Virg. jEn. ii. 296. firfl inllituted at Rome by Numa, Liv. ihid. four in number, Dionyf. ii. 64, i*? 6^. two were added by Tarquinius Prifcus, Id. iii. 67. or by Servius Tullius, Plutarch in Nunia, which continued to be the number ever after, Dionyf. ibid. "Fejlus in SEX. The Veftal Virgins were chofen firfl by the kings, Dionyf, ibid, and after their expulfion, by the Po?itifex Maximiis ; who, according to the Papian law, when a vacancy was to be fuppli- ed, feie6ted from among the people, twenty girls above fix, and below fixteen years of age, free from any bodily defeJl, (which was a rcquiiite in all priells, Sacerdos integer sit, Setiec. controv. IV. 2. Pluturch. q, Rom. 72.) whofe fatlier and mother were both alive, and freeborn citizens. It was determined by lot in an anembly of the people, which of thefe twenty fhould. be appointed. Then the Pontifex M. went and took her on whoQi the lot fell, from her parents, as a captive in war, {ma-=- R r 2 nu 3i6 ROMAN ANTIQUITIES. nu prehcnfatn a parente velutihello captain ahdiicehat), addrefling her thus, Te, Amata, cafio ; that being, saording Jp A. Gellius, the name of the firft who was chofen a Veftal : Hence Cafere Virginem Vefialcjn, to choofe ; vvliich word was alfo applied to the Flam'en Diaiis, to the Fontifices and augur?, Gell. i. 12. But afterwards this mode of calting lots was not neceflarj. 1 he Pontifex M. might chufe any one he thought proper, with the coufent of her parents, and the re- quilite qUc'.lilications, (^cvjus ratio haleri pojfety, ib:d. Tacit. Ann. ii. 86. If none offered voluntarily, the method of caftiiig lots was ufed. Suet. Aug. 31. The Veilal Virgins were bound to their miniftry for thirty years. For the firli ten years they learned the facred rites ; for the next ten, they performed them ; and for the lall ten taught the younger virgins, Senec.de vit.beat. 29. Bionyf. ii. 67. They were all faid, pritfidcrc Jacris^ Tacit. Ann. u. 86. ut afpJMie templi Antistites, v. -/^e, Liv. i. 20. The oldeft {l\flalhiniV£tuji}J}iTr.Uj Tacit. Ann. xi. 32.) was called Maxi- ma, Suet. Jul. 83. (ii 'K^i.rlivova-x, Bio, liv. 24.) • After thirty years ferv-ice, they might leave the temple and marry ; w^hich, however, was feldoni done, and alvvays reckoned ominous, Bionyf. ii. 67. The office of the Veilal Virgirs was, — i. to keep the facred fire always burning, Flor. \. 2. Custodiunto ignem foci PUBLICI SEiMFlTERNUM, Cic. kgg, ii. 8. whence JEterncenue Vejice oblituSy Horat. Od. iii. j, 11, watching it in the night, time alternately. Lit), xxviii. 31. and whoever allowed it to go oi;t was fcourged, (Jlagris Ccvdebatur') by the Pontifex M. Valer. Max. i. i, 6. Dionyf. ii. 67. {nuda quuicm,fed ohfcuto loco et ve/o tnedio interpfjito'^ , Plutarch. jSum. ji^. 67. or by his order, Liv. xxviii. 1 1. This accident was always efleemcd unlucky, and expiated by oflering extraordinary facniic€s, {hojiiis mnjorihus procurari), ibid. The fire was lighted up again, not from another fire, but from tlie rays of the fun, Plutarch, ibid, in which manner it was renewed every year on the ill of March ; that day being antier.tly the beginning of the jear, Alacrob. Sat. 1. 12. Oiid. Faji. iii. 143, 2. to keep the fecret pledge of the empire, Liv. xxvi. 27. v. 52. fuppofed to have been the Palladium, Lucan. ix. 994. or the Penates of the Pvoman people, Tacit. Ann. xv. 41. Bionyf. ii. 66. called by Uio lu. tea ; kept in tlie Limermoll reccfs of the temple, vifible onlv to the virgins, or rather to the Vejlcdis Maxirna alone ; Lucan. ibid. 5^ 1. ^98. Herodiun.-i. 14. ibme- times Ministers q/" Religion. 317 tiines removed from the temple of Veda by the virgins, ■ V hen tumult and (laughter prevailed in the city, Dio^ xlii. 31. or in cale of a lire, liv. 24. refcued by Metellus the Pontifex^ M. v.hen the temple was in fiair.es, A. 512. Liv. Ep. xix. Dionyf. ii. 66. Olid. I'aft. vi. 437. at the hazard of his life, and with the lofs of his fight, P//«. vii. 43. and confequently of his priefthood, Senec. contr. iv. 2. for which, a ftatue was erecttd to liirn in tl e Capitol, DionyJ. ii. 66. ai;d other ho- lours conferred on hiixi, fee p. i6. and 3. to perform con- llantly tliC facred rites of tlie goddefs, Sencc. de prov. 5. Their prayers and vows were always thought to liave great influence with the gods, Cic. Font. 17. Dlo^ xlviii. 19. Horat. Od. i. 2, 28. In their devotions they worfliipped the god Fajlinus to gnzrd them from envy, P/in. xxviii. ^.J". 7. 'I'lie Veltal \ irgins wore a long white robe, boracred with purple : their heads were decorated with fillets, {infuLc, ^y.uxTc, DionyJ. ii. 67. \\\\. 89.) .and ribbons, (yiftcc), Ovid. Fall iii. 30. lience the Vejlalis Maxima is called, Vittata SACERDCS, Lucan. i. 597. and fiuiply Vittata, 'Juvenal, iv. ic. the ! taddrcfs, suffibulum, Fejflus, defcribed by Pruden- tius, cc?ii}'a Symmach.'n. 10^2,. Vv'hen firft cl^oien, their hair was cut cfi'and buried under an old lotos or lote-tree in the city, flin. xvi. 44.y. 8^;. butjt was afterwards allowed to grey.-. 1 he Vellal Virgins enjoyed lingular honours and privileges. The prcerors and confuis, when they met them in the ftreer, Ipwered theixjajces^ and went out of the way to fhew them re- fpeft. Sen. contr. vi. 8. They had a liftor to attend them in public, at lealt after the time of the triumvirate, Lio, xlvii, 19. Scnec. contr. i. 2. Pl\itarch fays always, in Nu?r:a. Thcv rode in a chariot, {carpento^ v.pileni6)y Tacit. Annal. xii. 42. fat in a dillinguillied place at tiie fpectacles, id. iv. 16. Suet. Aug 44. were not forced to fwear, Gell. x. 15. unlefs they inclined, "Jacit. Annal. ii. 34. and by none other but Velta, Senec. ibid. They might malce their teftam.ent, although under age ; for they were not fubjeft to the power of a parent : or guardian, as otiier women, Gell. ibid. They could free a criminal from puniJliment, if they met him accidentallv^ Plutarch, in Nunia, and their interpofition was always greatly refpecled, Cic. Font. 17. Agr. ii. 36. l^acit. Annal. xi. 32. Suet. Jul. I. 'T'ih. 2. Vit. 16. Tacit. Hiji. iii. 81, They had a falary from the public, Liv. i. 20. Suet. Aug. 31. They ■were held in fuch veneration, that teftaments and the m.oH im- portant deeds were committed to their care, Suet. Jul. 83, • J. Aug, 3'iS ROMAN ANTIQ^UITIES. Aug. 102. Tacit. Annal. i. 8. Tiio, xlviii. 12, 37, 46. Tacit. Amial. iv. 16. and they enjoyed all the privileges of matrons, Avhohad three children, 7)/o, Ivi. ic. When the Vcftal Virgins were forced through indifpof.tion to leave the Atrium Vest.^, probably a houfe adjoining to the temple, and to the p^bce of Nvima, Ys.Y.GiK purva Num;e ; if not a part of it, Oiiiil. Triji. iii. i, 30. Fajl. vi. 263. whers the virgins lived, they were entrufted to the care of feme ve- nerable matron, PHji. Ep. vii. 19. If any Veftal violated her vow of chaftity, after being tried and fen fenced by the Poniijlccs, (he was buried alive with funeral folemnities in a place called the campus sceleratus, near the Porta CoUlna, and her paramour fcourged to death in the Forum ; which method of punifliment is faid to have been firft contrived by Tarquinius Prifcus, Dioiiyf. iii. 67. The commiflion of this crime was thought to forbode feme m-eadful calamity to the flate, and therefore was alv.ays ex- piated with extraordinary facriRces, Liv. viii. 15. xiv. xxii. 57. Ixiii. BiGiiyf. i. 78. ii. 67. viii. 89. ix. 40. Dio,frogm. Qi, 92. Plutarch, q. Rom. 83. Afcon. in Mil. 12. Suet. Dom, 8. Plin. Ep. iv. 11. "Juvenal, iv. 10. The fufpefted virtue of fom.e virgins is faid to have been miraculoully cleared, Valcr. Max. viii. I, 5. Liv, xxix. 14. Plin. vii. 7^^. Thefe were the principal divifions of the Roman priells. Concerning their emoluments the clafiics leave its very much in the dark ; as they alfo do with refpecl to thofe of the ma- giilrates. When Romulus firfl: divided the Roman territory, he fet apart what v/as fufiicieat for the performance of facrcd rites, and for the fupport of temples, hionyf. ii. 7. So Livy informs r.s, that Numa who inftituted the grcatell number of priefts and facriiices, provided a fund for defraying thefe expences, {^unde in eos Jmnptus erogaretur^ i. 20. but appomted a public ftipend (Jlipeiidium de publico Jl at:/ it'], to none but the Veflal Virgins, ihid. Dionyfius, fpeaking of Romulus, fays, that while other nations were negligent about the choice of their priefts, fome expofing that office to fale, and others de- termining it by lot ; Romulus made a law that two men, a- bove lifty, of diftinguilned rank and virtue, without bodily defect, and polTtfled of a competent fortune, fnould be cho- fcn from each curia, to officiate as prieils in that cuna or pa- rilh for life ; being exempted by age from military fervice, and by law from the troublsfomebufincfs of the city, ii. 21. X^^ere Ministers o/Religiojt. J19 There is no mention of any annual falary. In after ages the ■ yileild claimed an immunity from taxes, which the Pontifices and augurs for feveral years did not pay. At laft however the rp.iseltors wanting money for public exigences, forced them, after appealing in vain to the tribunes, to pay up their arrears, f annnriwiy per quos non dedcrant , Jlipendium exaBu7n eji^ Li v. ;.xxiii. 42. f. 44. Auguflus encreafed both the dignity and emoluments (commoda) of the priells ; particularly of the \'"efial Virgins, Suet. Aug. 31. as he likewife firfl fixed the falaries of the provincial magiftrates, Ijio, Hi. 23, 25. liii. 15* whence we read of a fum of money (salarium ;) being gi-v'-eu to tiiofe who were difappointed of a province, Id. 78, 22. xliii. 4. Ixxviii. 22. Tacit. Agric. 42. But we read of no iaxt falary for the priefls ; as for the teachers of the liberal arts. Suet. Fefp. 18. Bigcji. and for others, Suet. Tib. 46. Ner. 10. When Theodoiius the Great aboliihed the heathen worlhip at Rome, Zofimus mentions only his refuling to grant the public money for facrifices, and expelling the priefls of both fexes from the temples, v. 38. It is certain hov.'ever that fufficient provi- fion was made, m whatever manner, for the maintenance of thofe, who devoted themfelves v»'holly to fat:red fiinftions. Honour, perhaps, was the chief reward of the dignified prieds, who attended only occafionally, and whofe rank, and fortune raifed them above defiring any pecuniary gratification, Th.ere 's a paffage in the life of Aurelian by Vopifcus, c. 15. which fjme apply to this fubjecl ; although it feems to be reflri^ted to the priefts of a particular temple : Pontifices rohoramt^ fc. AureliamiSj i. e. he endowed the chief priells with falaries ; decrevit etiam emolumenta viinijiris, and granted certain emolu- ments to their fervants, the inferior priells who took care of the temples. The priells are by later writers fometimes di- vided into three claffes, tlie antijlites or chief priefls, the /a- rerdotes or ordinary priefls, and the jninijiri, or m.eanefl prieits, ■'.'horn Manilius calls auEiorcitos in tertiajtira miniflros, v. ^50. but for the mofl part only into two clafTes, the Pontijzces cr Sucerdotes, and tiie mmijlri ; as in Vopifcus \ So in /i'^-. i^. Cod. ^heodof. de pagan, facrif. et temp/is. SERVANTS cf the PRIESTS. 'T~'HE priefls Vv'ho had children, employed them to aflift la ■*■ pel forming facred rites ; but thole v*ho ha J no children, procured §20 ROMAN AiNTlQ^^ITIES. jjvocured free-born boys and girls to ferve them, the boys ts tl^e age of puberty, and the girls till they wei^e married. Thefe were called Camilli and Camilla-, Dionyf. ii. 24. Thofe who took care of the temples were called yEniTUl or JEdittnnni, Gell. s.ii. 6. thofe who brought the viflims to the altar and flew them, PoPiE, ViBimarii diwdL Cultrarii; to whom in particular the name of MINISTRI was properly applied, Ovid. Faji. i. 319. iv. 637. Met. ii. 717. Virg- G. iii. 488. 'Juvenal, xii. 14. The boys wiio affiftcd the Flamines in facred rites were called Flaminii ; and the girls, FLAMiNiiEj Fejius, There were various kinds of muficians, 'Tibicines^ Tubicines^ Fidicine.f, &c. Liv. ix. 30. III. ^ The PLACES and RITES of SACRED THINGS. nrHE places dedicated to the worfliipof the gods were cal- led teinples, 'YEUFLA,J}ifU'i, delubra, farraria, cedesjacr^ej^ and confecrated by the augurs ; hence called Aiigujla. A temple built by Agrippa in the time of Auguftus, and dedi- cated to all the gods, was called Panthecni Dio, liii. 27. A fmall temple or chapel W'as called Sacellum or itLdiada.' A wood or thicket of trees confecrated to religious worfhip, was called Lucus, a grove, Plin. xii. 6. Plaut. Ampu. v. i, 42. The gods were fuppofed to frequent v/oods and fountains ; hence FJfe locis fnperos tejlatur fJvct, Lucan. ix. 522. The worfliip of the gods coniiiled chiefly in prayers, vows, and facriiices. No a6l of religious wcrihip was performed without prayer. The words vifed were thought of the greateft importance, and varied according to the nature of the facrifice. Thaler. Max. i. \. Hence the fuppofed force of charms aiid incantations, {yeria et incantanienta carminunt), Plin. xxviii. 2. Herat. Ep. i. I, 34. V\'htn in doubt about the name of any god, left they fuould miilake, they ufed to fay, Quisquis es, Plaut. Rud. i. 4, 37. Vu-g. TEn. 'i\. ^'^'j. Wnatev^er occurred to a per fou in doubt what to fay, was fuppofed to be fuggefted by fome divinity, Plaut. Mojl. iii. 1, 137. Apulei. de deo Socratis. In the day time the gods were thought to remaia for the moft , part Sacred RitEs* 323 t/art in heaven, but to go up and down the earth during the pight to obferve the a.3:ions of men, Plaut. Rud. Prol. 8, The flars were fuppofed to do tlie contrary, ibid. Thofe who prayed, flood ufually with their heads covered, {^ccipite velato vel operto) looking towards the eaft ; a prieil pronounced the words before them, (verha pvc^ibat) ; they frequently touched the altars or the knees of the images of tlie gods; turning themfelvcs round in a circle, {in gyrum fe cinvcrtehant), Liv. v. ai. towards the right, Plaut. Cure. i. i, 70. fometimes put their right hand to their mouth, {dextram ori admovehant ; whence adoratio), and alfo proftrated tliem- I'elves on the grouhd, (procumhehant aris advoluti). The antient Romans ufed with the fame folemnity to offer up vows, (VOVERE, votafacere, fufcipere, co?iciper'e,nuncu- pare, &.c.) They vov/ed temples, games, thence called Ludi votivi, facrifices, gifts, a certain part of the plunder of a city, kc. Alfo what was called VER SACRUM, that is, all the cattle which were produced from the firfl of March to the end of April, Liv. xxii. 9, 10. xxxiv. 44. In this vow among the Samnites, men were included, icflus in Mamertini. Sometimes they ufed to write their vows in paper or wax* en tablets, to feal them up, {ohfignare), and fallen them wi,th. wax to the knees of the images of the gods ; that being fup- pofed to be the feat of mercy ; Hence Genua incerare deonwi, Juvenal, x. 55. ^ When the things for which they offered up vov.'s were granted, tlie vows were faid valere, ejje rata, &.C. but if not, cadere, eJJe irrita^ &c. The perfon who made vows was faid, eJJe voti reus ; and when he obtained his wifh, (yoti compos,) voti damnatus^ bound to make good his vow, till he performed it, Macrob. Sat. iii. a. vel voto, Virg. Eel. v. 80. Hence, damnabis tu quoque votis, i. e. obligahis ad votafolvenda, flialt bind men to perform their vows by granting what they prayed for, Vi-rg. ilnd. reddere vel folvere "jota, to pferform. Pars prcsdie de- hta, Liv. debiti vel ineriti honores, ?nerita dojia, &.c. A vow- ed feafl (epulum "jotivuni) was called Polluctum, Plaut. Rud. V. 3, 63. from pollucere to confecrate. Id. Stich. i. 3, 80. htwcQ polluciliiliter ctenare, to feaft fumptuoufly. Id. I\IoJt. i. I, 23. Thofe who implored the aid of the gods, ufed to ly {incubare') in their temples, as if to receive from them re- fponfes in their fleep, Serv. in Virg. vii. 88. Cic. divin. i. 43. The fick in particular did fo in the temple of Alfculapius, Plant. Cure, i. i, 6i. ii. 2, 10, &.o. S 3 ThQf« 322 ROMAN ANTICUJITIES. Thofe faved from fliipwreck ufed to hang up their deaths jn the temple of Neptune, with a pidlure {tabula votrjci) re- prefenting the circumilances of their danger and efcape, l^irg. xii. 768. Horat. Od. i. 5. Cic. Nat. D. iii. 37. So foldiers, when difcharged, ufed to fufpend their arms to Mars, gladiators" their fwords to Hercules, Horat. Ep. i. 1,4. and poets, when they finiflied a work, the fillets of their hair to Apollo, Stat. Sih. W. -^, 92. A perfon who had fuffered fliipwreck, ufed fometimes to fnpport himfelf by begging, and for the fake of moving eompaflion, to fliew a pidlure of his misfortunes, Jui-enal. xiy. 301. Phcedr. iv. 21, 24. Anguftus, having loft a number of his fliips in a ftcrm, ex- preffed his refentment againft Neptune, by ordering that his image fhould not be carried in proceffion with thofe of the o- ther gcds at the next folemnity of the Circenfian games. Suet, Aug. 16. Thankfgivings (^gratiariim aEliones) ufed always to be rr^de to the gods for benefits received, and upon all fortunate e- vents. It was, however, believed that the gods, after re- markable fuccefs, ufed to fend on men, by the agency of Ne- mesis, (Ultrix facinorum impioruni, honorumque PR^HMIA- TRix, Marcellin. xiv. 11.) a reverfe of fortune, Liv. xiv. 41, To avoid which, as it is thought, Auguftus, in confequence 1 of a dream, every year, on a certain day begged an alms fronk 1 the people, holding out his hand to fuch as offered him, (ca- vam nianuin ajfes porrigcntUjus prcebens^ Suet. Aiig. 91. Dio, I liv. 35. When a general had obtained a fignal victory, a thankfgiv-l ing (SUPPLICATIO MtXfuppUcimn^ was decreed by the fe- nate to be made in all the temples ; Liv. iii. ^'i^. and what wasj called a LECTISTERNIUM, when couches were fpread (JeBi vel pul-vinariajieniehantur)^ for the gods, as if about to feaft, and their images taken down from their pedeftals, and! placed upon thefe couches round the altars, which were loaded! with the richeft diilics. Hence, Ad omnia pnlvinaria facrifi- catum, Liv. xxii.- i. fupplicatio decreta cjl, Cic. Cat. iii. 10. This honour was decreed to Cicero for having fupprefTed the] ccnfpiracy of Catilisie, which he often boafts had never beeni conferred on any other perfon without laj.ipg afide his robe ofj peace, {togatvs^ Dio, 37. 36. Cic. Fif. 3. Cat. iii. 6. & 10.I The author of the decree was L. Cotta, Cic. Phil. ii. 6. xiv.J 8. a fupplication was alfo decreed in times of danger or public diftrefs ; when the women proftrating themfelves on the grounc fcmetimes fwept the temples with their hair, Li'J. iii. 7. The! J,eBiJhrnim Sacred Rites. . 323 LeBiJlerniiwi was iirfl introduced in the time of a pef^lence, A. U. 356. Liv. V. 13. In facrifices it was requifite that thofe \vhfl offered them lliould come chafle and pure ; that thej fliould Lathe them- felves ; be drefled in white robes, and crowned with the leaves of iliat tree, which was thoaglit molT: acceptable to the god whom thej worlhipped. Sometimes alio in the garb of fup- pliants, with diilievelied hair, loofe rcbes, and barefooted. Vows and prayers were alwajs made -before the facrifice. It was neceflary that the animals to be facriiiced (Jjojlie vel viBimce, Ovid. Fafl. i. 335.) Ihould be without fpot and ble- miili, {decorce et integrce vel intacfcv, never yoked in the plough), ibid. i. 83. and therefore they were chofen from a flock or herd, approved by the priefts, and marked with chalk, "Juvenal, x. dG. whence they were called egregir, eximix, leEl.r, I'hey were adorned v.'ith fillets ar^d ribbons, {infulis et littis,^ Liv. ii. 54. and crowns ; and their horns were gilt. The victim was led to the altar by the PopiV^ with tl^eir clothes tucked up and naked to the waiit, {jjuifuccincli erant et ad ilia nudi, Suet. Calig. 32.) with a flack rope, that it might not feem to be brought by force, which v>^as reckoned a bad ■omen. For the fame reafon it was allowed to Hand loofe before the altar ; and it w^as a very bad omen if it fled away. Then after filence was ordered, Cic. Divin. i. 45. (See p. 177.) afaltedcake, molafalfa, \t\fnigesfalfce^ ^'^i^'g- -^n. ii. 133. Far et micafalis, Ovid. &c Horat. i. e. Far tojium, commi- nutu7n, et fale mijlum, bran or meal mixed with fait), was i^\\.T^'as reckoned impious to touch them, Cic. Tnjc. i. 35. Virg. JLn. i. 349. ii. 513, 550. ar,d whence it was unlawful to drag them, Cic. Bom. 41. but fometimes they put fire and combuf- tible materials around the place, that the perfon might appear to be forced away, not by men, but by a god, (Vulcan), Plaut. Moji. V. i. 65. or iliut up the temple and unroofed it, {te3um Ju'nt demoliti), that he might periili under the open air, Nep. Pauf. 5. p. 63. hence ara is put for refugium, Ovid. Trill. The 'Triumviri confecrated a chapel to Ccefar in thtforumy on the place where be was burnt j and ordained that no per- fou 328 ROMAN ANTIQJJITIES. fon who fled there for fanfliiarj fhoiild be taken from thertce to punifhment ; a thing which, fays Die, had been granted to no one before, not even to any divinity ; except the afyluni of Romulus, which remained only in name, being fo blocked up, that no one could enter it, Tho. xlvii. I9. But the flirine of Julius was not always efteemed inviolable ; the fon of Anto- ny was flain by Auguflus, although he fled to it. Suet. Aug. 17. There were various veflels and inftruments ufed in facrifi- ces ; as, accrra vel thurihiilum, a cenfer for burning incenfe ; fimpulum velfimpwvium, guttum, capis, -tdis, patera, cups uf- ed in libations, ella, pots ; tripodes, tripods ; fecures vel hi- pennes, axes ; cultri vc\fecefpitcr, knives, &:c. But thefe will be better underltood by reprefentation than defcription. The ROMAN TEAR. T^ O.MULVS is faid to have divided the year into ten months ; •*-^ the firft of ^\ hich was called Martius, March, from Mars his fuppofed father ; Ovid. Fajl. iii. 75, & 98. the fecond Aprili.i, either from the Greek name of Venus, (A(p^«^^gyptians ; who divided their year into 12 months, each confiiling of 30 days, and added 5 intercalary days at the end of the year, and every fourth year 6 days, Herodot. \\. 4. Thefe fupernu- merary days Caefar difpofed of among thofe months which now confift of 3 1 days, aid alfo the two days which he took from February ; having adjufted the year fo exadlly to the couvfe of the fun, fays Dio, that the infertion of one interca- lary day in 1461 years would make up the difference, Dio, xliii. 26. which, however, was found to be ten days lefs taan the truth. Another difference between the -Egyptian and Julian year was, that the former began with September and the latter with January. The antient Romans did not divide their time into weeks, as we do in imitation of the Jews. The country people came to Rome every ninth day, (fee p. 84.) wiience thefe days were called NuNDiNJE, j«<7/7 NoV£ndin;e, having feven intermedi- ate days for working, Macrob. i. 16. but there feems to have been no w^ord to denote this fpace of time. The time indeed between the pronnulgation and palling of a law was called, Trinu:,! nundinum, or Trinundixum, Zjv- "i- Z'^ ^^^'' Dq7;i.i6,\']. Phi/.v.^. Fam. xvi. 12. but this might include lom 17 to 30 days, according to the time when the table containing the bufinefs to be determined, (^tabula promulgation nis,') was hung up, and the Comitia were held. The claffics never put nur.Jinmn by itfelf for a fpace of time. Under the later emperors, indeed, it was ufed to denote the time that the confuls remained in ofuce, which then probably was two months, Lamprid. in Alex. Sever. 28, &. 43. fo that there were 12 confuls each year; hence nundmum is alfo put for the two confuls themfelves, (^collegium conjulum), Vopifc. L ac. 9. The cuftom of dividing time into weeks, {hebdomades, v. -dcr, \t\feptimance), was introduced under the emperors. Dio, who flourilbed under Severus, fays, it firft took place a little before his time, being derived from the Egyptians ; and uni- verfally prevailed, xxxvii. 18. The days of the week were ;;?jned from the planets, as they flill are ; Dies Sclis, Sunday ; Liin.e, Monday ; Martis, Tuefday ; Mercurii, Wednefday ; Jovis, Thurfday ; Veneris, Friday ; Saturni, Saturday ; ibid. The Romans, in marking the days of the month, counted backwards. Thus they called the laft day of December Pri~ die Kahndas, fc. ante, or Pridie Kalendarwn Jauuarii, marked T t a liiortly, 332 ROMAN ANTIQ^UITIES. ihortly, Prid. Kal. Jan. the da^"^ before that, or the 30th December, 'Tertio Kal. ^an. fc. die ante^ or cmte die?;i tertium. Kal. 'Jan. and fo through the whole year : Thus, A TABLE of the Kalen DS, Nones, and Ides. 1 1 1-^ ^J Apr. June, Jan. Augult, March, Mar,' 3 1 Fcbruaiy. I Sept. Kov. December. July, oa. » Kalendas. Kfilend;B. Kalendas. Kalends. ' 2 IV. IV. VI. IV. . 3 III. III. V. III. 4 Prid. Nan. Prid.Non. JV. Prid. Non. 5 Nonse. Nonce. III. Nonas. 6 VIII. VIII. Prid. Non. VIII. 7 VII. VII. Nona;. VII. 8 vr. VI. VIII. VI. 9 V. V. VII. V. 10 IV. IV. VI. IV. 1 1 III. III. V. III. 12 Prid. Id. Prid, Id. IV. Prid. Id. 13 Idus. Idus. III. Idus. H XVIII. XIX. Prid. Id. XVI. '5 XVII. XVIII. Idus. XV. 16 XVI. XVII. XVII. XIV. 17 XV. XVI. XVI. XIII. 18 XIV. XV. XV. XII. 19 XIII, XIV. XIV. XI. 20 XII. XIII. XIII. X. 21 XI. XII. XII. IX. 22 X. XI. XI. VIII. 23 IX. X. X. VII. 24 VIII. IX. IX. VI. 25 VII. VIII. VIII. V. 26 VI. VII. VII. IV. • 27 V. VI. VI. III. 28 IV. V. V. Prid. Kal. 29 III. IV. IV. Martii. 30 Prid. KaL III. III. 31 Menf. ftq. Prid. Kal. Prid. Kal. Menf. feq. Menf. fcq. } \^ Roman Year. 333 In leap year, that is, when February has twenty-nine days, which happens every fourth year, both the 24th and 25th days tf that month were marked, fexto Kalendas Martii or Mar- das ; and hence this year is called Bissextilis. The names of all the months are uied as fubHantives or ad- jedives, except Apr His ^ which is ufed only as a fiibftantive. The Greeks had no kalends in their way of reckoning, but . called the firR day of the month mu-nviu.-, or new moon ; l.ence ad Grcecas Kalendas folverey iox nunquam. Suet. Aug. 87. The day among the Romans w^s ciLher ciml or natural. The civil day (DIES CIVILIS) was from mid-night to mid-night. The parts of which were, i. Media nox ; 2. A/^- dice noBis incli?iatio, \^ de media noBe -^ 3, Gullicinium, cozk.- crow, or cock-crowing, the time when the cocks begin to crow ; 4. Coniicinium, when they give over crowing ; 5. Diluculum^ the dawn ; 6. Marie ^ the morning ; 7. Antenicridian-ui:i tein- ^us, the forenoon; 8. MeridieSy noon or mid- day ; p. T^empus pomeridianum, vel nieridiei inclinatio, afternoon ; 10. Solis occa-r /us J fuujfet ; 11. Z^'^^tTrt, the evening ; 12. Crepufculu?;i, tho. twilight, {duhiiini tcmpus, noBis an disijlt : Idea duhije res qxq.^ Yitr2& diclcc, Varr. L. L. vi, 4.) 13. Prima fax, when candles :i\'ere lighted, called alio primce teiiehrie, Liv. Frima luminal -Jlorat. — 14. Concuhia nox, vel co?icuoium, bed-tirae, Liv. xxv. ^.-—15. Intempejla nox, oxfilentium noBis, far on in the night j -16. Inclinatio ad ?7!ediam noBem, Cenforin. de die nat. c. 24. The natural day (DIES NATUI-IALIS) was from the rif- iog to the fetting of the fun. It was divided inta twelve hours, which were of a different length at dilierent feafons : xlence hora hihernaiorhrevijpjna, Plaut. Pfeud. v. 2, 11. The night was divided into four watches, {yigiliu prima, fet cunda. Sec.) each confifting of three hours, which were like- wife of a different length at different times of the year : Thus, hora fexta noBis, mid-night ; Septiwa, one o'clock in the - morning; OBava, two, 6cc. Plin.Ep. iii. 4. Before the ufe of dials {horologia foluria vel fciatericd) was known at Rome, there was no divihon of the day into hours ; por does that word occur in the Twelve Tables. They only mention fun-rifing and fun-fetting, before and after fnid-day, Cenforin. 23. According to Pliiiy, mid-duy was not added till fonae years after, vii. 60. an accenfus of the confuls beino" appointed to call out that time^ {accenfo confulum id pro7iuncian- ti), when he faw the fun from the fenate-houfe, between the Rojira and the place called Gr^costasis, Plin. Hid. where arjibaffadors 334 ROMAN ANTIQUITIES. ambafTadors from Greece and other foreign countries ufed to Hand, Van-. L. L. iv. 32. Cic. ad ^ Fr. ii. i. Anaximander ox ylnaximenes of Miletus, is laid to have in- vented dials at Lacedaemon in the time of Cyrus the Great, Tlin. ii. 76. the firll dial is faid to have been fet up at Rome by L. Papirius Curfor, A. U. 447. and the next near the Rojlra by M. Valerius Mei'sala the Conful, who brought it from Catana in Sicily, in the firil; Punic war, A. Q. 481. Flirt, vii. 60. Gell. ex Flaut. iii. 3. Hence, ad folarium ver~ fart, iovinforo, Cic. Quint. 1 8. Scipio Nasica firil mea- fured time by water, or by a clepfydra, which fcrved by night as well as 'i>-y day, A. U. 595. ibid. (See p. 248.) The ule of clocks and watches was unknown to the Romans, DIP-JSION of BATS and ROMAN FESTL VALS. ■PN AYS among the Romans were either dedicated to religi- ^-^ ous purpoies, (DIES FESTI), or aiTigned to ordinary bufmefs, {dies PROFESTI). There were ibme partly t!»e one, and partly the other, {dies INTERCISI, i.e. ex parte f^/tiy et ex ^zne^profejii), half holidays. On the Dies Fejli i'acrifices were performed, feafts and games were celebrated, or there was at leall a celfation from bufi- nefs. The days on which there was a ceffarion from bulinefs were called FERL-^, holidays, Cic. legg. ii. 8. Divin. i. 45. and were either public or private. Public Ferine ox feftival 3 were either Hated, (STATiE), or annually fi::ed on a certain day by the magiflrates, or Priells, (CONCEPTIV.^), or occafionally appointed by order of the conful, the praetor, or Pontifex Maximus, (iMPERATlViE). Tlie dated feilivals were chiefly the following : I . In yanunry, AGON ALIA, in honour of Janus, on the 9th, (v. 2d.') Ovid. Faji. i. 318, &c. and alfo on the 20th May : CARMENTALIA, in honour of Carmenta, the mother of Evander, on the nth, (in. /c-/.) : Ovid. ibid. 461. But this was an half holiday, {intercifus) ; for after mid-day it was dies p7-ofejlus, a common \\ ork day. On the X3th {Idibus) a wether {ve?~vex vel ovisfemimas, -dris-) was facrificed to Jupiter, Ovid. . Fajl. i. 588. On this day the name of Augustus was confer- 2 red Roman Festivals. ^35 red on Csefar 0£lavianus, ibid. 590. On the firft day of this month, people ufed to wiili one another health and profpcritj, {omniafaujld), Plin. 28, ^. f. 5. and to fendprefents to their friends. (See p. 56.) Moft of the Magiftrates entered on their office, and artifts thought it lucky to begin any work they had to per for ;r), {opera aufpicabantur'), Senec. Ep. 83. Ovid, et Martial, paffim, 2. In February, FAUNALIA, to the god Faunus, on the 13th (Idibus) ; LUPERCALIA, toLycsean Pan, on the 15th, (xv. Ka/. Mart.) ; QUlllINALl A, to Romulus, on the 17th; FERALI A, (jqiiod turn epulas adfepiilchra amicorum ferebant, fvelpecudes feriebant, Fejlus)^ to the D it Manes, on the 2itt, ("Ovid fays the I7th\ and fometimes continued for feveral days ; after which friends and relations kept a feaft of peace and love (charij^ia) for fettling differences and quaiTels among one another, if any fuch exifted, Valer. Max. ii. i, 8. Ovid, Faji. ii. 631. TERMINALIA, to Terminus ; REGIFUGI- UM vel regis fuga, in commemoration of the flight of king Tarquin, on the 24th ; EQUIRIA, horfe races in the CaTUpua Martins, in honour of Mars, on the 27th. 3. In March, MATRONALIA, celebrated by the matrons for various reafons, but chiefly in memory of the war termi- nated between the Romans and Sabines, Ovid. Fajl. iii. 170. on the firfl day ; when prefents ufcd to be given by hufbands to their wives. Plant. Mil. iii. I, 97. 'Tibull. iii. 1. Suet. Vefp. 19. Fejiiim ANCILIORUM, on the fame day and the three fol- lowing) when the fliields of Mars were carried through the city by the Salii, who ufed then to be entertained with fump- tuous feafts ; Avhence Saliarcs dapes vel cccii^, for lantce opipa- rc£, opulenta, Horat. Od. i. 37, 2. LIBERALIA, to Bacchus, on the 18th, (yiY.Kal. Apr.) when young men ufed to put on the Toga virilis, or manly gown ; QUINQUATRUS, -uum vel ^^'ijiquatria, Ovid. Fall. iii. 810. Gell. ii. 21. in honour of Minerva, on the 19th, atfirft only for one day, but after- Vards lor five ; whence they got their name. At this time boys brought prefents to their maflers, called Minervalia. On the laft day of this feftival, and alfo on the 23d May, the trumpets ufed in facred r'tes were purified {liijlrabantur) by facrificing a lamb ; hence it was called Tubilustrium, vel -lA, Ovid. FaJi iii. 829. v. 725. HILARIA, in honour of the mother of the gods, on the 25th. 4. Id April, MEGALESIA or Megalenfes, to the great another of we gods, on the 4th or 5 th j CERE ALIA, or Ludi 53^ ROMAN T^NTIQ^UITIE^;. ludi Cereales, to Ceres, on the 9th ; FORDICIDIA, on tfie 15th, when pregnant cows were lacrificed, {ioxdstboves, i.e. graviihe, qiue in ventre ferunt), Ovid. Faji. iv. 5, 629. PA- LILIA vel/'rtr;//^, to Pales, the 21ft. (Seep, i.) on this day Caefar appointed Circenfian games to be annually celebrated ever after, becaufe the news of his lafl viclory over Labienus and the fons of Pompey at Munda in Spain had reached Rome the evening before this feftival, Dio, xliii. 42. ROBIGALIA, to Robigus that he would. preferve the corn from mildew, (^a ruhigine), on the 25th ; FLORALIA, to Flora or Chlorisy (ut omnia bene deflorefcerent, jQied their bloffoms, Plin. xviii. 29.) begun on the 28th, and continued to the end of the month, attended with great indecency, Lacio.nt. i. 20, 10. ScholiaJI. i??. yuvenal. vi. 249. which is faid to have been once checked bv the ptefence of Cato, Senec. Ep. 97. Martial, i. 3. ^ praf. Vakr. Max. ii, 10, 8. 5. In May, on the^ka]end3 were performed the facred rites of the .Bo?!a Dca bv the Veflal Virgins, and by women only, (^cuj/i or7ine mafciilmn expellebatur'), 'Juvenal, vi. 339. in the houfe of the confuls and prastors, for the fafety of the people, Dio, xxxvii. 3 1^, & 45. On this day alfo an altar was ere6led (^conjlituta), and a facrifice oiFered to the Lares called Prajlites^ {qvod cvmia tvta privjiant~), Ovid. Faft. v. 133. on the 2d, COMPITALIA, to the Lares in the public ways, at which time boys are faid anciently to have been facrificed to Mania the mother of the Lares; but this cruel cuflom was abolilbed by Junius Brutus, Macrob. Sat. i. 7. on the 9th, LEMURIA, to the Lsmures, hobgoblins ox fpeftres in the dark, which were believed to be the fouls of their deceafed friends, {^tnanes pa- tprni^. Sacred rites were performed to them for three nights, not fucceffively, but alternately for fix days, Ovid. FaJi. v. 429. on the 13th, or the ides, the images of thirty men made of rufhes, (Jimulacra fcivpea viroi-uni), called Argei, were thrown from the Subiirian bridge by the Veftal Virgins, attended by t'le maqiftrates ard piiells, in place of that number of old men, v.'hich uf^d anciently to be thrown from tlie fame bridge into the Tiber, 7v/?z/j' ?';? DF.PO>?TA>ri, Varr. deLat.Ung. \\\. 1^. Ovid. Fajl. V. 621, &c. on the fame day was the feftival of merchants, (fejium mercatoritni^, when tbev offered up prayers and facred rites to Mercury ; on the 23d, VULCANALIA, to Vulcan, caUed I'uhilu/lt-ia, becaufe then the facred trumpets were purified, ihid. 721;. 6. Li June, ou the kahnds v.ere the feftivals^of the r^d- Roman Festivals. 33^ ■riefs Carna, (^qiue vitalibus humanis pr^erat^, of Mars Extra- vuiraneus, whole temple was without the Porta Capena, and ot" Juvo Moneta \ on the 4th, of Bellona ; on the 7th, Ludi J^ifcatorii; the 9th, Vest alia, to Vefta ; loth, Matralia, to mother Matuta, Sec. With the felfivals of June, ti^e hx books of Ovid, called ivz/?/, end; the other fix are lolt. 7. In July, on the kalends, people removed {j:ommigrahant) fiom hired lodi^ings, Cic. ad i^. Fratr. ii. 3. Fam. xiii. 2- Suet. 'Tio. ■^^. the 4th, xh^^^iiixzloi Female Fortune, in me- mory of Coriolaniis withdrawing his anvjy trom the citv, Liv. ji. 40. on the 5th, LuDi Apollivares, Z/f. xxv. 12. xxvii. 23. the I2th, the birth-day of Julius Caefar ; the 15th or :.'les, the proceflion of the Equites, (fee p. 27.) the 16th, DI- lis ALLIENSIS, on which the Romai.s were defeated by the Gauls, (^diss ater et fiinejlus^ Cic. Att. ix. 5. Suet. Vit. 2. the 23d, NEPTUN^VLI.n.. 8. In Auguft, on the 13th or ides, the fefVival of Diana ; 19th, Vinalia, when a libation of new wine was made to Jupiter and Venus, Flin. xviii. 29. i8th, Consualia, games" in honour of Confus the god of counfel, or of Equefirian Xcb- tune, at which the Sabine women were carried off by the Ro- mans, Lh. i. 9. the 23d, Vulcanalia, Flin. Ep. iii. 5. 9. In September, on tiie 4th, {Fr'ul. Ko/i.) Ludi iviAGNr fir Romani, in honour of the ^/wii^ gods, Jupiter, Juno, and Minerva, for the fafety of the city ; on the 13th, the conful • r dictator (Praetor Maximus') ufed antiently to fix a nail in ;.e temple of Jupiter, Zr:/. vii. 3. the 30th, "Meditrinalia, • ) Meditrina, the goddefs of curing or healiua;, (^medendi)^ ^hen they firll drank new wine. 10. In October, on the 12th, Augustalia, vel Ludi Au~ ^ujiales. Tacit. Annal. i. 15. the 13th, Faunalia ; the 15th, t)r ides, a horfe wa-s facnliccd, called Equus Ocicbris, v. -ber, becaufe Trov was fuppofed to have been taken in this moith by means of a horfe. The tail was brought wilh great fpeed to the Regia or houfe of the Pond/ex M. that its blood might drop on the hearth, Fe/lus. 11. In November, on the 13th, there was a facred feafl called Epulum ^joms ; on the 27th, facred rites were perform.ed on account of two Greeks and two Gauls, a man and woman of each, who were buried alive in the ox-market, Liv xxii. 57. Plutarch, quiejl. 83. ^ in Marcello ; Plin. xxviii. 2.f. 3. 12. In December, on the 5th or nones, FAUNALIA, Ho- 'trat. Od. iii. 18. ou the I7th,"^ (xxvi. KuLJan.) SATURN A- U u LIA, 33$ ROMAN ANTIQUITIES. LI A, the feafts of Saturn, the moft celebrated of the whole year, when all orders were devoted to mirth and feafting, friends fent prefents to one another. Suet. Aug. 75. Vefp. 19. Stat. Silv. vi. 9. and mafters treated their flives upon an equal :^oting, Horat. Sat. ii. 7. at hrll for one daj, Liv- ii. 21. xxii. I. afterwards for three, and by the order of Calip-ula, for five days. Die, lix. 6. Suet. Claud. 17. Macroh. Sat. ^. 10. So Claudius, Dio, Ix. 23. Two days were added, called Sl- GILLARIA, {a/igillis) from fmall images, which then ufed to be fent as prefents, efpecially by parents to theii;. children, Macroh. ibid, on the 23d, Laurentinalia, in honour of Laurentia Acca, the wife of Fault ulus, and nurfe of Romulus, Varr. L. L. v. ^. The FERIiE CONCEPTIV^, which were annually ap- pointed {concipiebantur vel indicebautur^ by the magillrates on a certain day, were, 1. FERIi^i LATINiE, the Latin holidays, (fee p. 68.) firft appointed by Tarquin for one day, Liv. i. 55. After the expuliion of tlie kings they were continued for two, then for three, and at lafl for four days, Liv. vi. 42. The confuls al- ways celebrated the Latiny^/v^f before they fct out to their pro- vinces ; and if they liad not been riglitly performed, or if any thing had been omitted, it was neceffary that they fliould be again repeated, {infiauyayi^y \ax. paflim. 2. PAGANALIA, celebrated in the villages {inpagis)tQ the tutelary gods of the rnflic tribes. See p. 79. 3. SEMENTlViE, in feed-time for a gocd crop, Vary. ibid. 4. COM FIT ALIA, to the Lares, in places wliere feveral ways met, (Jn co7?ipitis.^ FERI^ IMPERATIVE, w^ere holidays appointed occa- iionally ; as, when it was faid to have rained ft ones. Sacrum NOVENDIALE \€ifer'\cv per novem dies, for nine days, Liv. i. 31. for expiating other prodigies, Liv. iii. 5. xxxv. 40. xlii. 2. on account of a vicftory, &.c. to which may be added Justitium, (cum jura Jlant^, a cellation from bufinefs on account of fome public calamity, as, a dangerous war, the death of an empe- ror, &c. Liv. iii. 3, 27. iv. 26, 31. vi. 2, 7. vii. 6, 28. ix. 7. X. 4, 21. Tacit. Aiinal.\\.'^i. Supplicatio et Lectister- NiUM, &.C. Seep 321. Ferine were privately obferved by families and individuals, on account of birth-days, prodigies, &.c. Ihe birth-day of the emperors was celebrated with facrifices and various frames j %i that of Aueuftus the 2?d September, Dio, Iii. 8, 26, 34. ' 3 ^ ^ The Roman Festivals. 339 The games then celebrated were called Augustalia, i)/o, Ivi. 29. as well as thofe on the I2tli October, (iv. Id. OBoh.^ in commemoration of his return to Rome, Dioy liv. 10. Ivi. 46. which Dio fays continued to be oblerved in his time, un- der Severus, liv. ^54. DIES PROFESTI, were either F«7?/ or AV«y?'', &c. (See p. ^'^'^■^ Nundince, quafi Novendincr^ (fee p. 84.) market- days which happened every nintli day ; when they fell on the firft day of the year, it was reckoned unlucky, Dio, xl. 47. Macroh. Sat. i. 13. and therefore Auguftus, who was very fuperftitious, Suet. Aug. 92. ufed to infert a day in the fore- going year to prevent it, which day was taken away from the fubfequent ye.ir, that the time might agree with the arrange- ment of Julius Caefar, Z)/o, slviii. 33. Pr^liares, fighting days, and nonpreEliares ; as, the days after the kalends, nones, and ides ; for they believed there was fomethin* unlucky in the word poll, after, and therefore they were called Dies reli- gioji, atri vel infanfli ; Ovid. Faji. i. 58. as thofe days were, on which any remarkable difafter had happened ; as. Dies Allienf.s, &c. Liv. vi. 1. The ides of March, or the 15th, was called Parricidium ; becaufe on that day, Caefar, who had been called Pattr Patriae, was flain in the fenate-houfe. Suet. Cctf. 85. & 88. Conclave, in quo Ciefus fuerat^ ohjlruc- turn et in latrinam converfum, Dio, xlvii. 19. As moft of the year was taken up with facrifices and holy days, to the great lofs of the public, Claudius abridged their Humber, Dio, Ix. 17. ROMAN GAMES. /^AMES among the ancient Romans conflituted a part of ^-^ religious worihip. They were of different kir.ds at dif- ferent periods of the republic. At firll they were always con- fecrated to fome god ; andivere either flated, (Z//iiz STATl), the chief of which have been already enumerated among the Roman feftivals, or vowed by generals in war, (VOTIVI), or celebrated on extraordinary occafions, (EXTRAOPvDI- NARII). At the end of e%'ery no years, games were celebrated for tfie fafety of the empire, for three days and throe nights, to^ U u 2 Apollo 340 ROMAN ANTIQUITIES. Apollo and Diana, called X;a-// S7ECULARES. (See p. 177.) But they were' not regiilarlj performed at thoie periods. The moil famous games were thofe celebrated in the Circus Maxi7nus ; hence called Ltidi Circenfes ; of which the chief were Lndi Romani vt\ JVfagm, Liv. i. 35. LUDI CIRCENSES. 'T^HE Chrus Maximus was firft built by Tarquinius Prifcus-^ "^ and afterwards at different times magnificently adorned. It lay betwixt the Palatine and Aventine hills, and was of an oblong circular form, whence it had its name. The length of it was thvcejiadia or furlongs and a half, 1. e. 43 7t paces, or 2187^ feet; the breadth little more than one Jfadiuf/i, with rows of feats all round, called Foriox fpeElacuIa, (i. e. fedilia imde fpecrarefit^j rifuig one above another, the lowed of ftone and the higheft of wood,, where feparate places were allotted to each Curia, and alfo to the Senators and to the Equites ; but thefe laft under the republic fat promifcuoufly wnth the reft of the people. (See p. 8.) It is faid to have contained at leaft 150,000 perfons, Dionyf, iii. 68. or, according to others, abovedouble that number ; according to Fliny, 250,000, PA';/, xxxvi. I5.y! 24. Some moderns fay 380,000. Its circumfer-- eice was a mile. It was furrounded wdth a ditch or canal', called EurJptis, ten feet broad, and ten feet deep ; and with porticos three ftories high, {^o^t r^i^iyxi,^ both the v.ork of Julius Caefar. In different parts there were proper places for the people to go in and out without difturbance. On one end there were fcveral openings, (ojhu), from which tlie horfes and chan'ots ftarted, {emittehatitui''), called CARCERES vel i?f/'^r'7//<7, and fometiines Career, (^qiiod equos coercebat, //« exirenty prinfqiiain ma^ijiratus fignvm mitteret, Varro L. L. i''. 33). firlt built A. U. 425. Liv. viii. 20. Before the car- ceres, l^ood two fmall fiatues of Mercury, (^Her?!:iili\ hold- irg a chain or rope to keep in the horfes, CaJJiodor. Var. Ep. iii. 51. in place of v/hich there feems foraetimes to have been a \vh:te line, (^alha linea^, or crofs furrow filled v.ith chalk or lime, ihid. at which the horfes were made to ftand in a ftraight nnv (frofiiihi/s cequahanlur), by perfons called moratores, mentioned in fome antitnt i;.fcr:pticas. But this line, called alfo' Roman Games. 341 alfo Creta or Calx, feems to have been di'awn chiefly to mark, the eud of thecoune, or limit ot" victory, (ad viBoriie notamy, Piin. xxxs^ 17. f. 58. Ifidor. xviii. 37. to which Horace beau- tifully alludes, Mors ultima linea rerum ejl, Ep. i. r6. fin. On this eiid of the circus, which was in llie form of a femi- circle, were three balconies or open galleries, one in the iriddle, and oiie in each corner; called My"E>riAXA, from one Mcenius, who, when he fold his houfe adjoining to tlie Forum to C.uo and Flaccus the cenfors, referred to hunfelf the rij^ht of one pillar, where he might build a projeftion, whence he and his poiterity miglit view the Ihews of gladiators, v/hich were then exhibited in the Forum, Afcon. in Cic. Suet. Cal. 18. In the middle of the Circus, for aim oft the whole length of it, there was a brick wall, about twelve feet broad, and four feet h.igh, called Spina, Scholiaji. in ^jwjeiftil. \\. 587. CaJJlod. Lp. i'.i. 51 at both the extremities of which there were three columns or pyramids on one bafe, called METiE, or goals, round which the horfes and chariots turned, (Jlecieh^int), fo tliat they always had the fpina and metce on their left haid, Ovid. Am. iii 65. Lucan viii. 200. contrary to the manner of run. ling among us. Whence a carcerihus ad metam vel calcem, from beginning to end, Cic. Am. 27. Sen. 23. I.: the middle of x.\i& fpina Augullus erefted an obelilk 132 feet high, brought from vEgypt ; and at a fmall diflance ano- ther 88 feet high. Near the firft Meta, whence the horfes f'-t off, there were feven other pillars, either of an ot;a/ form or having oval fpheres on their top, called OVA, Varr. de re Ri:Jl. i. 2, II. which were raifed or rather taken down (tolle- hantur, ibid) to denote how many rounds the cliarioteers had completed, one for each round ; for they ufually ran feven ti'nes round the courfe. Above each of thefe ova was engrav- ed t':e figure of a dolphin. Thefe pillars were called FAL/E or FHALiE. Some thirik there were two different kii.ds of pil- lars, one with t'.ie figure of an ovum on the top, which -were erected at the Meta pritmi ; and another with the figure of a dolphin, whch ftood at the Meta ultima. Juvenal joins them X.ogeX.'\QTf'Co7ifulit ante f alas delphinorumqve columnar, vi. 589. They are f^id to have been firft conflructed, A. U. 721, by Agrippa, Dio. xlix.43. but ova adrnctas curriculis numerandis^ are mentioned by Livy long before, A. 377 xli. 27. as they are near 6co years after by Caiuodorus, iii. Var. Ep. 51. Tiie figure of an egg w^as choien in iionour of Caftor and Pollux, (Diofciiriy i.e. yove nati, Cic. Nat. D. iii, 2i. agonum pr^v- Ms); 342 ROMAN ANTIQJJITIES. Jides") ; and of a dolphin in honour of Neptune, TertuUian. ■ Speclctc. 8. alfo as being the fwiftell of animals, Flin. ix. 8. Before the g:^mes began, the images of the gods were led along in proceffion on carriages and in frames, {in tbenfis ei ferculis), Suet. Jul. 76. Ovid. Amor. iii. 2, 44. or on men's fhoulders, with a great train of attendants, part on horfeback, and part on foot. Next followed the combatants, dancers, muficians, Sec. When the proceffion was ever, the confuls and priefts performed facred rites, Dionyf. vii. 72. The fliews (^fpeBacuIa) exhibited in the Circus Maximus were chiefly the following : I. Chariot and horfe-races, of which the Romans were ex- travagantly fond. The charioteers {agitatores vel at/rigcp) were diilributed into four parties {greges) or factions, from their different drefs or livery ; facJio olba vel alhata, the white ; ryjjata, the red ; ve- ficta, the Jky-coloured or fea-coloured ; 2.vd praszna, the green faction ; to which Domitian added two, called the golden and purple, (JaSfio aurata et purpi/rea), Suet. Domit. 7. The fpeftators favoured one or the other colour, as humour or ca- price inclined them. It was not the fwiftnefs of the horfes, nor the art of the men that attracted them ; but merely the drcfs ; (Nunc fai:ent pantio, pcinnum amant,^ Plin. Ep. ix. 6. In the time of Juftinian, no lefs than 30,000 men are faid to have loft their lives at Corftantinople in a tumult raifed bj contention am.ong the partizr.ns of thefe feveral colours, Fro- cop. Bell. Per/, i. The order in which the chariots or horfes flood was deter- mined by lot ; and the perfon who prefided at the games gave the fignal for ftartirg by dropping a napkin or cloth, niappd \t\ pariTio mijjo. Then the chain of the Hcrmuli being with- drawn, they fprung forward, and whoever firft ran feven timiCs round theccurfewas viftor, Propert. ii. 25, 26. This was called one match, {unus IMISSUS, -us), for the matter was almoll always determ.ined at one heat ; and ufually there vrere tvi'enty-five of thefe in one day, fo that when there were four faftions, aijd one of thefe ftarted at each time, 100 cha- riots ran in one day, Serv. /;/ l-^irg, G. iii. 18 (^centum qucidfi- J"S'>^ fometimes many more ; but then the horfes commonly went only five times round the courfe, Snet. Claud, 21. Ner. 2 2. Domit. 4. Tlie victor being proclaimed by the voice of a herald, was crowned, Si/et. CciUg. 32. Firg. Aln. iii. 245. and received a prize Roman Games. 343 prize in money of confiderable value. Martial, x. 50, 74. 'Juvenal, vii. 113. Pdlms were firft given to the victors at games, after the manner of the Greeks, and thofe who had received crowns for their bravery in war, firft wore them at the games, A. U. 4^9, Liv. X. 47. The palm tree was chofen for ttiis purpofe becaufe it rifes againft a weight placed on it, (^adverfus pondus rsfurgit, \3 furfiim nititur) Gell. iii. 6. Plin. xvi. 42. y. 81, 12. hence put for any token or prize of victory, Horat.Od.,\. 1, 5. Juvenal, xi. 181. or for vidtory itfelf, Virg. G. iii. Ovid. 'Tri^. IV. 8, 19. Palma lenmifcata^ a palm crown with ribbons, {Icinnifci) liangiag down from it, Cic. Rofc. A/n. '>^'^. Fejlus. Huic confilio pahnam do, I value myfelf ciiiefiy on account of this contrivar.ee, Ter. Heaut. iv. 3, 31. 2. Contefts of agility and fti-ength, of which there were ..ve kinds; running, (cjirfus); leaping, (faltus), boxing, (/>&?- gi.'atus) ; wreilling, (^luBa^ ; and throwing the difcus or quoit {difcijaBus^ ; hence called Pentathlum^ vel -o«, i^Latuie Quin- (^y Ex^TlUM, Fejtiis,') or Certa?nen Athletiaim vel Gym/iicum, be- caufe they contended naked, (y/v-vof), with notliing on but , trowfers or drawers, (^fuhligarihus tuntum velati)^ whence II GYMNASIUM, a place of exercife, or a fchool. This cover- ing, which went from the waift downwards and fupplied the place of a tunic, was called Campestre, Horat. Ep. i. 11, 18. (7rrg(^.a!/yfti, invehof,) becaufe ths victors, I^Hiero7iica, Suet. Ner. 24, 25.) drawn by white hories, and weariiig crowns on their heads ; of olive, if vi£tors at the Oiyr/pic games, Virg.G. iii. 18. of laurel at the Pythian ; p-ufiey at the IS'emean ; and of pine at the litlimiau, were conducted tvith great pom.pinto tlieir refpeflive cities, which they enter- ed through a breach in the walls made for that purpofe ; in- timating, as Plutarch obferves, that a city which produced fuch brave citizens, had little occaiion for the defence of walls, Plin Ep. X. 119. Tliey received for life an annual Ifipend, (opfonici,^ from th.e public, ihid. &c P^itn/v. ix. Praf. 3. LuDUsTROjiE, a mock fight, performed by young noble- men oil horfeback, revived by Julius Caefar, Bio^ xliii. 23. Suet. 19. and frequently celebrated by the fucceeding Empe- rors, 5'7/ff. ^7//^*. 43. lib. 6. Cal.io. Claud. 21. Ner.y. Bio, xl.iii. 20. li. 22, l^c. defcribed by Virgil, jLn. v. 561, o-c. 4. What was called Venatio, or the tizhting of wild beails with one another, or with men called Bejiiarii, who were ei- ther forced to this by way of piiniflimer.t, as the prii, itive Chrifiians often were ; or fought voluntarily, either from a na- tural ferocity of difpofition, or induced by hire, {aufl or anient 0,^ Cic. Tufc. Qu;£lL ii. 17. Fam. vii. i. Off. ii. 16. Vat. 17. An incredible number of animals of various kinds were brought from all quarters, for the entertaiurnent of the people, and Roman Games. 345 3nd at an immenfe expence, Cic. Fam. viil. 2, 4, 6. They were kept in enclofures, called vivaria, till the day of exhi- bition. Pompey in his fecoad confullhip exhibited at bnce, j;oo lions, who were all diipatchcd in 5 days; alfo 18 ele- phants, Dio, xxxix. 38. Flin. viii. 7. 5. The repre'icr.tarion of a horfe and foot battle, and alfo of an encampment or a ^\e.q^&. Suet. Jul. 39, Claud, 21. Dom. 4. 6. The reprefentationof afeafight, (Naumachia), which was at firft made in the Circus Maximus, but afterwaixls of- tener elfewhere. Auguftus dug a lake near the Tiber for that purpofe, Suet. Aug. 43. Tiber. 72. and Domitian built a naval theatre, w^hich was called Naumachia Domitiani, Suet. Dbm. 5. Thofe who fought were called Naumachiarii. Thej were ufually compofed of captives or condeinned mdefaclors, who fought to death,*unlefs faved by the clemency of the em- peror, Dio,lx. ^^. Suet. Claud. 21. Tacit. Annul. \\\ 56. If any thing unlucky happened at the g^mes, th^y were re- newed, (infiaurahantur), Dio, Ivi. 27. often more than once. Id. Ix. G. II. SHEIVS of GLADIATORS, HE fiiews (^fpcBacula ) of gladiators were properly called Munera, and the perfon that exhibited (^edebat) them, Munerarius, vel -ator. Editor et Do?ninus, Cic. Att. ii. 19. who, although in a private ilation, enjoyed, duriiig the days of the exhibition, the enfigns of maglftracy, Cic. legg. ii. 24. They feem to have taken their rife from the cuftom of flaugh- tering captives at the tombs of thofe flain in battle to appeafe their manes, Virg. ^n. x. 51S. Gladiators were firll publicly exhibited {datifunt') at Rome by two brothers culled Bruti at the funeral of their father, A. U. 490. Liv. Epit. xvi, Valer. Max. ii. 4, 7. and for fome time they were exhibited only on fuch occalions ; but after- wards alfo hj the magift rates, to entertain the people, chiefly at the Saturnalia and fealrs of Minerva. Incredible numbers of men were deflroyed in this manner. After the triumph of Trajan over the Dacians, fpeftacles were exhibited for 123 days, in which 11,000 animals of different kinds were kUled ; and 10,000 gladiators fought, Dio, xlviii. 15. whence we may judge of otjier inftances. The emperor Claudius, although X X naturally 346 ROMAN ANTIQ^UITIES. naturally of a gentle difpofition, is fald to have been rendered, cruel by often attending thefe Ipeilacles, Dio, Ix. 14. Gladiators were kept and maintained in Ichools (zVi ludiiS by perfons called LANISTiE, wlio purchafed and trained them. The whole number under one Lanijia was called Fa- MILIA, Suet. Jul. 26. Aug. 42. • They were plentifully fed on ftrong food ; hence Sagina gladiatoria. Tacit. Hill. ii. 88. A Lanijia, when he initrucled young gladiators, {tirones') delivered to them his leiTons and rules {di&ata et leges) 4n writ- ing, Suet. yul. 26. 'Juvenal xi. 8. and then he was faid com~ mentariy Cic. de Orat. iii. 23. when he gave over his employ- ment, a gladiis receJJJJfe, Cic. Rofc. Am. 40. The gladiators when they were exercifed, fenced with wooden fwords, {rudibtis hatuehant ; whence batualia, a battle), Cic. ibid. Suet. Calig. 32, 54, When a'perfon was confuted by weak arguments, or eafily convicted, he was faid, Plum-, heo gladiojugulari, Cic. Att. i. 16. Jiigido hunc fuofibi gladioy\ I foil hira with his own weapons, I Oence him with his own arguments, Cerent. Adelph. v. 8, 34. plufnbeum pugioriem! O feeble or inconclufive reafoning I Cic. Fin. iv. 18. Gladiators were at fivfl; compofcd of captives and ilaves, or of condemned malefactors. Of thefe fome were faid to be ad gladium damnati, who Vv'ere to be difpatched within a year. This, liowever was prohibited by Auguilus, (^gladiatores fine fnij/lone edi prohibuit). Suet. Aug. 45. and others, ad ludum damnatiy who might be liberated after a certain time. But af-' terwards alfo free-born citizens, induced by hire or by iucli- nation, fought on xht arena, fome even of noble birth, JuvC' nal. ii. 43. viii. 191, Sec Liv. xxviii. 2. Suet. Ne?\ 12. and what is llill more v.'onderful, women of quality, Tacit, Annal. XV. 32. Stiet. Domit. 4. Juvenal, vi. 254, &c. and dwarfs, (^nani), Stat. Sylv. I. \i. 57. P rcemen v/ho became gladiators for liire were faid ej/e auc- torati, Horat. Sat, ii. 7, 5. and their hire, ai; not amentum. Suet. Tib. 7. ox gladiator iuniy Liv. xliv. 31. aiid an oath v.'as adminiftered to them, Vet. Arbiter. 117. Gladiators were diftinguilhed by their armour and manner of fighting. Some were called Secutores, whofe arms were an helm.et^ a fhield, and a fword, or a leaden bullet, {rnajfa plumhea), Ifiidor. xviii. 55. With them were ufually matched (^committehantur vcl componebantur) the RETl ARIl. A com- batant of this kind v.as dreffed in a faort tunic, but wore no- thing on his head, S:.et. Calig. 30. Claud. 34. Juvenal, viii. ■ 20c. Roman Games. 347 205. He bore In his left hand a three-pointed lance called 'Tridens or Fiifcina, and in his right, a net, (rete), with wliich he attempted to entangle (^ir retire) his adverlary, by calling it over his head, and fuadealy di-awir.g it together, and then with his trident he ufually flew him. But if he niilT-cl his aim, by eitiier throwing the net too Ihort, or too far, he inftantly betook hinifelf to tlight, and endeavoured to prepare his net for a fecond caft ; while his antagonill: as fvviftlj pur- fued, (whence the name Secutor')^ to prevent his deiign by difpatching him. Some gladiators were called Mirmilloniis, {a f.io^uv}og, pif- r?'- ), becaufe they carried the image of a hlli on their helmet ; hence a Retiarius, when engaged with one of tliem, faid, *' I " do not aim at you, I thiovv' at your filh," (Non te feto, piscEM FETO : QuiD ME FUGis, Galle ?) Fejlus. The Af/r- )?iillQ was armed like a Gaul, with a buckler (^parma \t\peltci) aiid a hooked fword or ciitlafs, Qflcd vel hurpe^ i. e. gladio in'- arrvo et falcato^), and was ufaally matched with a Taracian, (TiiREX vc! Tkrax, i. e. 1'hrecidicis armis orncitus^^ Cic. Phil. vii. 6. Liv. xli. 20. Plorat. Sat. li. 6, 44 Suet. Cal. 32. Ju- ve.ial. viii. 201, Aufon. in Monofyll. 102. i^is Myrmillotii combonitur cequimanus ? Threx. Certain gladiators from their armour were c?LHed SAriviTES, Liv. ix. 40. Cic. Sext. 64. and aUb Hoplo?r.achi, Suet. Calig. 3 V Some Dimachceri, becaufe they fought with two fvvords ; ■uid others Laquearii, becaufe they ufed a noofe to entangle their adverfaries, IJidor. xviii. 56. There was a kind of gladiators who fought from chariots, (ex ejjl'dix), after the manner of the Britons or Gauls, called EssEDARii, Cic. Fam. vii. 6. Suet. Cal. -^z^. Cccf. de B. G. v. 24. and alio from horfeback, with, what was curious, their eyes fnut, {claujis oculis), who were called And abat.'e, Cic^ Fam. vii. 10. Hence Andahatarum tnore pugnare, to fight in the dark or blindfold, Hieronym. Gladiators v^'ho were fubftituted (fupp07iehantur^ in place of thofe who >vere conquered or fatigued, were called SuF- POSiTiTii, or SuBDiTiTir, Martial, v. 25, 8. Thofe who A^ ere alked by the people, from the Emperor, on account of their dexterity and Ikill in fighting, were called Fostulatitii: Such were maintained at the Emperor's private charge, and hence called Fiscales or Ccefariani. Thofe who v/ere produ- ced and fought in the ordinary manner, were called Ordina- Rii, Suet. Aug. 44. Bomit. 4. X X 3 Wljea 34§ ROMAN ANTIO^UITIES. When a number fought together, (^gregatlm, temerc acjttie arte), and r.ot in pairs, they were called Catervarii, Suet. Aug. 45. Cal. 30. Thofe produced at mid-day, who were ge- nerally untrained, Meridiani, Sejiec. Kpijl."!- Suet, Claud. 34. Ihe perfon \\\\o was to exhibit gladiators (editor) fome time before announced the fliew, (jmirMs edircbat, Ser.ec. E,p. . 117. ojiendehai, lyronimciahaf, proponehat, "i^c. Cic, Fam. ii. 8.. ix. 8. Suet. Jul. 26. Tit. 8.) by an advertifem.ent or bill pull- ed up in public, (per lileUum puhlice affiximi), in which he mentioned the number and names of tlie moll diftingui/hed gladiators. Sometimes thefe things feem to have been repre- sented in a pidure, Horat. Sat. n. 7, 95. Plin. xxxv. 7,f. ^^, Gladiators were exhibited fomctimes at the funeral pile, often in the Forttm, which was then adorned wath itatues and,. pi6lures, Cic. Verr. i. 22. but ufuallj^ in an Amphitheatre, fo called, becaufe it was featcd all around, like two theatres join- ed, F/i/i. xxxxi. 14. 16, &.C. ATvIPHITHEATRES wercat firil temporary, and matJe of •wood. The firfl durable one of Itone was built by Statilius Taurus at the deliie of Auguflus, Suet. Aug. 29. which feems likewii'e to have been partly of wood. The largell amphithea- tre was that begun by Vefpafian and completed by Titus, now called CoLis^^UM, from the cclojfus or large llatue of Nero which flood near it. It was of an oval form, and is laid to have contained 87,000 fpeflators. Its ruins ftdl remain. The place wheie the gladiators fought was called Arena, becaufe it was covered with fand or faw-dufl, to prevent the gladiators from Hiding, and to abforb the bleed; and thcperfons wlio fought,- Arenarii. But arena is alio put for the whole amphitheatre, or the Ihew, yuvenal. iii. 34. alfo for the feat of war ; Frima civilis arena Italia fuit, Flor. iii. 20, 21. iv. 1. tims Lucan,, vi. 63. or for one's peculiar province, Plin. Ep. vi. 12. So Cavea, for a theatre or amphitheatre, Snet. Aug. a^i^. Claud. 21. Cic. Ajnic. 24. Plant. Aniph, prol. 6j;. Co?ifeJj~i/s cavete, the fpe£lators, Virg. JEn. v. 340. But cavea properly fig- nifies a place where, wild bealls v.ere confined, Siict. Cal. 27. Horat. ^irt. P. 473. Martial, ix. 90. Plin. xxxvi. 5. The part next the arena was called Podium, wliere the fena-. tors fat, and the ambaffadors of foreign natio.is ; and where alio was the place of t])e eirpcrnr, (Suggestus, vel -um,^ elevated like apiilpit or tribunal, Sitet. Jul. 76. Plin. Pajieg. 51. and covered with a canopj' like a pavilion, (CusicuLUM \ tl papi-i ho J Suet. Ner. 12.) likewife of the perfon who exhibited the gam?s^ Roman Games. 349 games, (Editorls Tribunaf), and of t'ac Vellal Virgins, Suet, Aug, 44. The Podium projccled over the wall -which furroundcd the arena, and was raiied between twelve and fifteen feet r.bove it ; fecured with a brealt work or parapet (Joricci) againft the ir- ruption of wild beafts. As a further defence, tlie arena was furrounded with an iron rail, (ferreis clathris), and a canaJ, (^euripo), Pliu. viii, 7. The Equites fat in fourteen rows behind the fcnators. The j feats (gradus vg\ fedilia^ of both were covered with cafliions, (^puhillis), Juvenal, iii. 152. firft ufed in the time of Caligu- la, Dio, lix. 7. The reft of the people fat behind on the bare ftone, and their feats were called Fopularia, Suet. Claud. 25. Do7n. 4. The entrances to thefe feats were called Vomitoria ; the paifages {yicr^ by which they afcendcd to the feats were called ScaLv or Scalaria, and the feats between tv/o pafTagcs, were from their form, called Cuncus, a wedge, yvvcr.al. vi. 61. Suet. Aiig. 44. For, like the feclion of a circle, this fpace gradually widened from the arena to the top. Hence Cimeis innotuit res 077i7nliis, to all the fpeftators, Fhcedr. v. 7, 35. Sometimes a particular place was publicly gf anted to certain perfons by way of honour, Clc. Phil. ix. 7. and the editor feems to have been allowed to affign a more honourable feat to any perfon he inclined, Cic. Att. ii. i. There were certain perfons called DESiGJiATORES or Tiijjlg- patores, mafters of ceremonies, who alligned to every one his proper place, Plant. Pcenul. prolog. 19. Cic. Att. iv. 3. as un- dertakers did at funerals, Horat. Epiji. i. 7, 6, and when they removed any one from his place, they were faid, euni excitare \t\fufcitarc, Maitial. iii. 95. v. 14. vi. 9. l[he. Defignatores are thought by fome to have been the fame with v%'hat were ' called LoCARil, (^quiafedes\c\fpc&aa/?a locakant?) But thefe, according to others, properly were poor people, who came early and took poiicilion of a leat, which tliey afterwards parted with to fome rich perfon who came late, for hire, Martial, v. 25. Antiently women were not allo\\ed to fee the gladiators, without tlie permiflion of thofe in whofe power they v.cre, Valer. Max. vi. 3, 12. But afterwards this reftriclion was re- moved. Augullus afligned them a particular place in the high- eft feats of the amphitheatre. Suet. Aug. 44. Ovid. Amor. ii. /J o- 'J here were in the amphitheatres fecret tubes, from which, the fpeftators were befprinkled witli perfumes, {cvoco diluto ant 350 ROMAM ANTIQUITIES. aut aids fragrantihus llquorilus. Martial, v. 26. 6c de fpecl. 3, ifi'uing from certain figures, (signa,) Lucan. ix. 808. and in rain or exceflive heat there were coverings (vela vel "ue/aria) to draw over them, jfuvenaL iv. 122. For which purpofe there were holes in the top of tlie outer wall, in which poles were fixed to fupport them. But when the wind did not permit thefe coverings to be fpread, they ufed broad-brimmed hats or caps Ccavfice vel pilei) and umbrellas, Dio, lix. 7. htartial. xiv. 27, 28. _ By fecret fprings, certain wooden machines called Pzgmata, vel -mcey were railed to a great height, to appearance fpontane- oufly, and elevated or depreffed, diminiilied or enlarged at plea- fure, Martial. SpeB. ii. 16. viii. 33. Scnec. Epiji. 88. Siuf. Claud. 34. Gladiators were fomctimes fet on them, lience C7i\~ led Pegma res, Suet. Cal. 26. and boys, (et pueros hide ad velaria raptos\ Juvenal, iv. 122. Buz pcgmata is put by Cicero for the flielves (7>'"o loculis) in which books were kept, ^tt. iv. S. Nigh to the amphitiieatre was a place called Spoliariu:;, to which thofe who were killed or mortally wounded v\ti. dragged by a hook, (unco frabeluintur) Plin. Paneg. 36. Seuec. Epiil. 93. Lamprid. in Commod. fin. On the day of the exhibition the gladiators were led along the arena in proceffion. Then they were matched by pairs, (paria inter fe compoTiehaniur, Ycl comparabantur), Horat. Sat. 1. %ii. 20. and t'neir fwords exami^ied [explorabantur^ by the exhibiter of the games, Suet. Tit. 9. The gladiators, as a prelude to the battle, (^pnehtdentes vel proludentes), at firit fought v.'ith wooden fwords or the like, flourifhing {yentilantes^ their arms with great dexterity, Cic. de Orat. ii. 78. Scjiec. Ep. 117. Ovid. Art. An. iii. 515, 589. Then upon a fignal given with a trumpet, { foriahant ferali clangor etuh It y Quintfilian. v. 14.) they laid afide thefe, (arma luforia, rudes \q] gladios hchetes pomba7it, v. abjiciebant'), and aflumed their proper arms, (ar?!ia pugnatoria, vel decretoria, \. e. gladios acutosfumehant~), ibid ; oC Suet. Cal. 54. They adjuiled tiiemfelves (fe ad piignam componcbant, Gell. vii. 3.) with great care, and Itood in a particular pollure, {injlatu vel gradujlabant^, Plaut. Mil. iv, 9, 12. Hence mover i, dejici, vel deturhari dejiatu mentis ; dspelliy dejici, vel demoveri gradu, &LC. Cic. Off i. 23. Att. xvi. 15. Nep. Themiji 5. Liv.vi. 32. Then they puihed at one another (petebant) and repeated the thruft, (j-epetcbant) Suet. Cal. 58. Tney net only puihed \vith the point, (pun^im), but alfo llruck with the edge, 2 {ccefim.) Roman Games. 351 {i.e/iui). It was more eafy to parry or avoid [cavere, propul- flirty cxire, effugere^ excedere, eludere\ direft thrufts, {idus iiiher/os, it re&ris acfimplices manus^, than back or fide Ilrokes, (^manus vel petitions adverfas tiBufque), ^iiiBilian. v. 13. ix. I. Virg. ix. 439. Ch\ Cat. i. 6. They therefore took par- ular care to defend their fide, (Jatus tegere) ; hence latere . . do abfcedere^ to get offfafe, "Ter. Hcaut. iv. 2, 5. Per alterius ijttis petty Cic. Vat. 5. Latus apertiwi vel nudum darCy to ex- poic one's felf to danger, Tiuull. i. 4, 46. Some gladiators had the faculty of not winking. Two fuch belonging to the Em- peror Claudius were on that account invincible, PIm. xi. 37. y! 54. Senec. de Ir. ii. 4. When any gladiator was wounded, the people exclaimed, Kabet, {c. vul/ius, v&Xhoc hahcty he has got it. The gladia- tor lowered (fuhmittehat) his arms as a lign of his being van- quifhed; but his fate depended on the pleafure of the people, ivho, if they wilLed him to be faved, preffed down their thumbs, (pollice??i premehcint')y Horat. Ep. i. 18, d^. if to be llain, they turned up their thumbs, {pollicem vertehant^y Juvenal, iii. 36. (hence laudare 2itroque pollice, i e. valde, Horat. Ep, i. 1 8, 66. Plin. 28, 2.yi 5.) and ordered him to receive the fvvord, (fer- rum recipere)y which gladiators ufually fubmitted to with amazing fortitude, Cic. Sext. ^*] . Tu/c.u. I']. Mi/. ^4. Senec. Ep. 7, &. 177. de "Tranquil. Aniiiiiy c. 11. Conji. Sap. 16. Sometimes a gladiator v.as rcfcued by the entrance of the em- peror, Ovid, de Pont. ii. 8, ^2>' ^^ '^J ^^^ ^^'^^^ of the Editor. The rewards given to the viftors were a palm, Martial, de SpeB. 32. ^cnc^ pluriniarv/n palmarum gladiutory who had frequently conquered; Cic. Rofc. Am. 6. Alias fuas palmas cognofcet, i. e.- cades y ibid. 30. Palma lemnifcata, a. palm crown, with ribbons {lemnifci) of different colours hanging from it, : ibid. '^^. Feftus. Sextapahnaurhana etiamin Gladiatore diffi.- cilisy 6'/V. Phil. xi. 5. — money, Suet. Claud. 21. y uvenal. xii, vlt. and a rod or wooden fword, (j-udis^, as a fign of their be- ing difcharged from fighting ; which was granted by the Editor y at the defire of the people^ to an old gladiator, or even to a novice for fome uncommon a£l of courage. Thofe who re- ceived it (rude donati^ were called RuDiARii, and fixed their arms in the tern. pie of Hercules, Horat. Ep. i. 1. O'vid. %ijl. iv. 8, 24. But they fometimes were afterwards induced by a great hire {ingente auBoramerdo^ again to engage, Suet. '^ib. 7. Thofe who were difmiffed on account of age or vveaknels, vita tignis\ and was the inven- tor of the malk, (perfojia), of the long flawing robe, (palia, Y y 2 J^ola, I I ^5(5 ROMAN ANTIQJJITIES. Jlola, viA/yrma), and of the high-heeled Ihoe or bufkin, (^6;* thurnus^, which tragedians wore : wiience thefe words are put fcr a tragic ft jle, or for tragedy itfelf, Firg. Eel. Vin. lo. Ju" ^i-«rt/. viii. 229. XV. 30. MartiaL'vn.io. \v. /\(). v. 5. viii.3, Korcit. Cd. ii. i, 12. 2,sfoccus is put for a comedy or familiar, liyle, 111. Fpijl. ii. 174. Jirt. Feet. 80, 9c. Nee comadia iti ccthunios ojfiiroit^ nee eo?itra tragoedia focco ingreditur^ Quinc* tilian. X. 2, 22. ;Bill< As the arxients did not wear breeches, the players always wore under the tunic a girdle or covering, (Subligaculum vel SuELiGAR 'verecundiiE caiija)^ Cic. Off. i. ^^i- Juvenal, vi. 60. Martial, iii. 87. After /Efchylus, followed SoFHOCLES and Euripides, wha brought tragedy to the hightft perfcftion. In their time co- medy began firft to be conlidered as a diftir.ft ccmpcfitica from tragedy ; but at Rome comedy was long cultivated, be- fore any attemj^ t was made to compofe tragedies- Nor have we any Rcmjan tragedies extant, except a few, which bear the name of Seneca. Nothing rem.ains cf the wotks of Ennius, Pacuvius, Accius, &c. but a few fragments. 2eiauit»« ' Every regular p)ay, at leaft among the Romans, wss divid- ed into five acl?, Horut, Art. Poet. 189. the fubdiviCon into fcenes is thought to be a modern invention. Between the acls cf a tragedy were introduced a numbef of fingers called the CHORUS, Horat. de Art. Feet. 193. wha indeed appear to have been always preft-rt on thefiage. Ths chief of theni, vho fpoke for the reft, was called, Ckoragui ox Coryfhctus. But Choragus is ufually put for the perfon who furnilhed the drtfl'es, sr.d tock care of all the apparatus of the' ilage, Flavt. Fcrf. i. 3, 79. Trinunim. iv. 2,16. Suet. Aug. 70. and ihoragih?n for the apparatus itfelf, {injirvmsntum fccnarvnif Felt.) Plaut. Capt. prol. 61. irlin. xxxvi. 15. choragiaiox cho- ragi, Vitruv. V. 9, h^ViCt falfce chorogium glorice^ fcrcething that one may bcaft of, Cic. ad Htrenn. iv. 50. The Clcrus was introduced in the ancient ccmedy, as we fee from Ariliophanes ; but when its cxctflive licence was luppreffed by law, the Chorus likewife was filenccd, HoruU Art. Foet. 2S3. A chordgus appears and makes a fpccch, Flaut. Curc.'w. i. Ihe m.ufic chiefly ufed was that cf the fiutc, which at firft was fm.all aiid fimple, and of few holes, Horat. Art. Feet. 2C2. but afterwards it was bound with brafs, had m.ore rote?, and a louder found. Soiue DSA^.IATIC ENTi:RTAn:i\IEN-T3. ^5$' oome flutes were double, and of various forms. Thof*? molt frequently mentioned, are the Tibiar dextrsc and ,4"»//?r^r, tares and impares, which have occafioned fo mueh difputation amore; critics, and ftill appear not to be fufficiently alcertain- ed. The molt probable opinion is, that the double flute con- filled of two tubes, which were fo joined together as to have but one mouth, and fo were both blown at once. That which the mulician played on with his ri_2;ht hand was called tihia dixtra, the right-handed flute ; with his left, tiiiafi'njlray the left-handed flute. The former had but few holes, and found- ed a deep fericus bafe ; the other had more holes, and a faarp- cr and more lively tone. When two right or two left handed flutes were joined together, they were called tioia pares dex- ircTy or tihue pares finijiriv. The flutes of different forts were called tihiir ifuparcs, or tibicv dextrceet JinijJrie. The nght- handed flutes were the fame with what w?:e called theLydisa flutes, (^libi^ LydLe^, and the left-handed with the Tyrlan flutes, ( "Tihice lyrue or Sarramc^ vel Serrano-.^ Hence Virgil, Biforem dat tibia cantum, i. e. bifonun;^ imparcm^ iEn. ix. 618, Sometimes the flute was crocked, Virg. JE.71. vii. 737. O'vid, Met. iii. 532. and is then called "Tibia Phrygia or cornif. Id. de Font. I. i. 39. Fall. iv. 181. III. PANTOMIMES, were reprefentations by dumb-flisw, in which the a(flors, who were called by the fame name with their performances, (^Min:i vel Pantomimi^ expreffed every thing by their dancing and geftures without fpeaking, \loquaci manii ; hence called alfo Chironomi,) Juvenal, xiii. 110. vi. 63.. Uvid. Trill, ii. 515. Martial, iii. 86. Horat. i. 18, 13. ii. 2, 1 25. Manil. v. 474. Suet. Ner. 54. But Pantomimi'is always put for the aflors, who were likewife called Planipedes, becaufe tliey were without fhoes, {excalceati^iy Senec. Epift. 8. Quinc- tilian. v. II. Juvenal, viii. 191. Gell. i. 11. They wore, however, a kind of wooden or iron fandals, called Scabill.-v or Scabella, which made a rattling naife when they dar.ced, Cic. Cal. 27. Suet. Cal. 54. r. The Pantomimes are laid to have been the invention of Au- - guftus ; for before his time the Mimi both fpoke and acled. MIMUS is put both for the aclor and for what he adcd, Cic. Cal. 27. Verr. iii. 36. Rabir. Pojl. 12. Phil. ii. 27. not only on the ftage, but elfewhere. Suet. Ccrf. 39. Ner. 4. 0th. .3. Calig. i\^. Aug. ^^, 13 0. Sen. Ep.So. Juvenal, vni. 19S. The moil celebrated compofers of mimical performances of farces, {?nimogrdphi\ were Laberius acd Publius Syru?, in thje time 358 ROMAN ANTIQJLJITIES. time of Julius Caefar, Suet. 'Jul. 39. Horat. Sat. i. 10, 6. Gell, xv'u. 14. The moit famous Pantomimes under Augullus were Pjlades and Bathyllus, the favourite of Msscenas, ^acit. Au^ nal. i. 54. Ke is called by the Scholiaft on Perfius, v. 123. his freedman, (Jlbertus Mcccei'.dtii) ; and by Juvenal, vioUisy vi. ^-3^. Between them there was a conftant emulation. Pyla- des being once reproved by Auguflus on this account, replied^ " It is expedient for you, that the attention of the people fliould be engaged about us." Pylades was the s;reat favourite of the public. He was once baniHied by the power of the oppofits party, but foon after rellored, Z)/o, liv. 17. Macroh. Sat. ii. ". The fadlions of the difierent players, Senec. Ep. 47. Nut. ^\ yii. 32. Petron. 5. fometimes carried their difcords to fuch a length, that they terminated in bloodfhed. Suet. Tih. 37. The Romans had rope dancers (Fuxambuli, Schienobatic vel Keurohat.t), v.!iO ufed to be introduced in the-^me of the play, "^er. Hec. Prol. 4, 34. 'Jtrjenal. iii. 77. andperfons V\"ho feemed to fly in the air, (Petaurist^), who darted (jaciabant vel excutiebant^ their bodies from a machine called Petauru7r.y vel -us., Feilus. Juvenal, xiv. 265. Manil. iii. 438. Martial, ii. 86. alfo interludes or mufical entertainments, called Emeoliaj Cic. Sext. 54. or acroamata ; but this laft word is ufually put for the asftors, muficians, or repeaters themfelves, w ho were alfo employed at private entertainments, Cic. ibid. Verr. w. 22. Arch.(^. Suet. Aug. ^Of. Macrob. Sat. n. /\. Nep.Att.i:^. The plays were often interrupted likewife by the people calling out for various fliews to be exhibited ; as, the repre- fentaticn of battles, triumphal procellions, gladiators, uncom- mon anitr.als, and wild bealls, &c. The noife which the peo- ple ma:ie on thefe occasions, is compared by Horace to the raging of the fea, Epijl. H. i. 185, ^c. In like manner, their approbation, (pLiufus,^ and difapprobation, (f.bilus,jlrepitusy frenntiis, clamor tonitruuir., Cic. Fam. viii. 2. fjlula pajlori- tia, Att. 16.) wliich at all times were fo much regarded, Cic. . Pif, 27. Scxt. 54, 55, 56, &:c. Horat. Od. i. 20. li. 17. Thofe who acled the principal parts of a play, were called . AEtores primarum partium\ the itccnd., fecundarum partium-^ the third, tcrtiarum^ &c. Ter. Phorm. prol. 28. Cic. iu ; Ca;^il. 15. dc Al'con. in loc. The adtors were applauded or hifl'ed as they performed their parts, or pleafed the fpedators, ^jiinciiliaii.\\. i. Ctc. Rofci. Com. 2. Att. i. 3, 16. When the play was ended, an actor 3 always faid Plaudite, Terent. i^c. I Thofe Dr ASIATIC ENTERTAINr.IENTS. 359 ThoiC aftors, who were mod approved, received crowns, f_ /% as at other games ; at firfi: compofed of leaves or flowers, > t round the head with ftrings, called Strvv?!, J^rophia, v. V/, Feftus. Plin. xxi. i. afterwards of thin plates of biafs ; ■ t, (f lamina cerca teniii inaurata aiit hinrgcntata^, called Co- 'OLLZ: or corollaria ; firft made by Craffus of gold and filver, i'iin. xxi. 2, 3. Hence COROLLARIUM, a reward given to players over and above their juft hire, {addiium prceterqiiajii quod dehitum ejl'), Varro de Lat. Ling. iv. 36. Plin. Ep. vii. 24. Cic. Verr. iii. 79. iv. 21. Suet. Aug. 45. or any thing given above what was proinifed, Cic. T'^err. iii. 50. Flin. ix. 35. f. 57. The Emperor M. Antoninus ordained that play- ers liiould receive from five to ten gold pieces, (jiurci), but. not more, Capitolin. 11. The place where dramatic reprefentations were exhibited, was called THEATRUM, a theatre, {a Sizo^^xi, video'). la jintieat times the people viewed the entertainments Handing ; '^ence Jlantes for fpedlators, Cic. Amic. 7. and. A, U. 599, a decree of the fenate v.'as made, prohibiting any one to make (cats for that purpofe in the city, or within a mile of it. At the fame time a theatre, which was building, was, b}' the ap- pointment of the- cenfors, ordered to be pulled down, as a thing hurtful to good morals, (nociturum publicis morihiisy^ tiiv. Epit. xlviii. Valer. Max. ii. 4, 3. Afterwards temporary theatres were occalionally erefted. The moft fplendid was that of M. -^milius Scaurus, when se- nile, wliich contained 8c,oco perfons, and was adorned with sunazing magnifipence, and at an incredible expence, Flin. XXX vi. 15. Curio, the partifan of Ctefar, at the funeral exhibition in bonoiir of his father, (fun^hri patris niunere), made two large theatres of wood, adjoining to one another, fufpended each on hinges, (^cardimimfingulorum 'uerfutili fiijpenfa lihramcnto')^ and looking oppofite v/ays, {inter fe nverfa), fo that the fcenes ould not difturb each other by their noile, {jie iivuiccm ohjlrc- iterent) ; in both of which he adled ilage plays in the former part of the day ; then having fuddenly wheeled them round, 10 that they flood over againlt one another, and thus formed an amphitheatre, he exhibited fliews of gladiators in the after- |noon, Flin. xxxvi. 15. Pompey firfl reared a theatre of hewn ftone in his fecond ConfulQiip, which contained 40,000 ;' but that he might not aicur the animadvedion of the cenibrs, he dedicated it as a temple 360 ROMAN ANTIQUITIES. fcmple to Venus, Suet. Claud. 21. 1'ertuUian de SpeEl, ig. Plin. viii. 7. hio, xxxix. 38. '^acit. xiv. 19. There were s^fterwards feveral theatres, and in particular thofe of Marcel- lus, Hio, xliii. 49. and of iJalbus, near that of Ponipey, Ovid, ^rift. iii. 12, 13. Amor.xi. 7, 3. hence called tria theatra^ the three theatres, Suet. Aug. 45. Ovid. Art. iii. 394. Trijl. iii. 12, 24. Theatres at firfl were open at top, and in exceflive heat or rain coverings were drawn over them, as over the amphithea- tre, Flin. Xix. I. f. 6. xxxvi. 15. f. 24. Lucret. iv. 73. but in later times they were roofed, Stat. Sylv. iii. 5, 91. Among the Greeks public allemblies were held in the thea- tre, Cic. Flacc. 7. I'acit. ii. 80. Seiiec. Epijt. ic8. And among the Romans it was ufual to fcourge malefadlors on the ftage, Suet. Aug. 47. This the Greeks called ee^T^ifsjv et Tr^t^itosi'/^sx- The theatre was of an oblong femicircular form, like the Lalfof an amphitheatre, Flin. xxxvi. 16. The benches or feats (gradus vel cunei) rofe above one another, and were dif- tributed to the different orders in the fame manner as in the amphitheatre. The foremcfl rows next the ftage, called Or- ehsjira, were affigncd to the fenators and ambafladors of fo- ' r.eign ftates ; fourteen rows behind them to the equites, and the reft to the people. Suet, Aug. 44. The whole was called CAVEx^. The foremoft rows were called Cavea prima, or ima\ the laft, cavca ultima ox fumma, Cic. Seue^l. 14. The' sniddle, cavea media. Suet, ibid, llie parts of the theatre allotted to the performers, were called Sie?ia, Tojlfcenium, Profcenium, Pulpitum, and Orchejlra, 1. SCENA, the fcene, was adorned with colnmns, ftatues, Rnd pictures of various kinds, according to the nature of the T'days exhibited, Vitruv,\.^. to which Virgil alludes, JEn.i. 166, 432. The ornaments fometimes were inconceivably magnificent, Vabr. Max. ii. 4, 6. Plin. xxxvi. 15. f. 24. When the fcene was fuddenly changed by certain machines, it was called Scena Versatilis ; when it was drawn afide, ScENA DI'CTILIS, Serv. ad Virg. G. iii. 24- The fcenery was concealed by a curtain, (AULt^UM vel ftipajium, oftener plural -a), which, contrary to the modern cuftom, was dropt (premebatur^ or drawn down, as among us ihe blinds of a carriage, when the play began, and raifed {tolle- latur^ or drawn up wlien the play was over ; fomctimes alfo t'et^,yeen the ads, Horat. Ep. ii. i, 1 89. Art. Poet. 154. Ovid^ Met, Levying of Soldiers. 361 Met. iii. III. 'Juvenal, vi. 166. The machine by which this ivas done was ccilled Exostra, Clc. prov. Conf. 6. Curtains :ind hangings of tapellry were alio ufed in private houfes, f^trg. /En. i. 701. Horat. Od. iii. 29, 15. Sat. ii. 8, 34. cal- kd AiiLea Attalica, becaufe faid to have been firil; invented at the court of Attakis, king of Perganius, iu Alia Minor, Pro- tert. ii. 23, 46. Scrv. in J^irg. /En. i. 701. 2. POSTSGENIUM, the place behind the fcene, where the acftors drelfed and undrelled ; and where thofe things were liippoled to be done, which could not with propriety be tx- hibited on the ftage, Horat. dc Art. p. 182. Liicret. iv. 1178. 3. PROSCENIUM, the place before the icene, where the aftors appeared. The place where the actors recited their parts was called IPULPITUM ; and the place where they danced, ORCHES- TRi\, which was aboat live feet lower tlian the Pulpitum^ Vitruv. V. 6. Hence Ludibria fcend et pulpit digna^ buffoone- ries fit only for the ilage, Flin, Ep. iv. 25. MILITARY AFFAIRS of the ROMANS. ■ i. LEVriNG of SOLDIERS. |*^HE Romans were a nation of warriors. Every citizen ' A- was obliged to enlill as a foldier when the public fervice 'requiredj from the age of fe\:«nteen to forty-fix ; nor at firlt eould any one enjoy an ofiice in the city, who had not ferved ten campaigns, polyo. vi. 1 7 . Every foot foldier was obliged tS ferve twenty campaigns, and every horfemaa ten. At firll none of the lowefl: clafs were enlifted as foldiers, nor freed- men, unlefs in dangerous juntlures, Liv. x. 21. xxii. 11, ^7. But this was afterwards altered by Marius, Sullujl. J^ig. 86. GcU. xvi. ic. The Romans, daring the exiftence of their republic, were almoil always engaged in wars ; firfl with the different flatea of Italy for near 500 years, and then for about 2C0 years more in fubduing the various countries which compofed that irnmenfe empire. The Romans never carried on any war without folemnly Z z proclaiming 3:52 ROMAN ANTIQ^UITIES. proclaiming it. This was done by a fet of priefls called Fe- CIALES. When the Remans thought themfelves injured by any na- tion, they fent one or more of thefe Feciales to demand redrefs, (jid res repetendai)^ Liv. iv. 30. xxxviii. 45. Varr. L. L. iv. 15. Dionyf. ii. 72. and if it was not immediately given, thirty-three days were granted to confider the matter, after which, war might be juflly declared. Then the Feciales again went to their corfines, and having thrown a bloody Ipear into tliem, formally declared war againil that nation, Liv. i. 32. The form of words which he pronounced before he threw the fpear, was called CL ARIGATIO, {a clara voce qua utehatur^ Serv. in Virg. iEn. ix. 52. x. 14. Pliii. xxii. 2. Afterwards^ when the empire was enlarged, and wars carried on with dif-| tant nations, this ceremony was performed in a certain fieldi near the city, which was called Acer Hostilis, Ovid. Faji* vi^ 205. Thus Auguftus declared war profeffedly againl Cleopatra, but in reality againft Antony, Dioy L. 4. Sc IVIarcus Antonius, before he fet out to war againft the Scy- thians, fhot a bloody fpear from the temple of Belloua into the oger hojiilis, Dio, Ixxi. ^-i,. In the firfc ages of the republic, four legions for the moll part were annually raifed, two to each conful ; for two le- gions compofed a confular army. But often a greater num- ber was raifed, ten, Liv. ii. 30. vii. 35. eighteen, xxiv. 11. twenty, xxx. 2. twenty-one, xxvi. 28. xxvii. 24. twenty- three, XX. I. xxv-iii. 38. Under Tiberius twenty-five, even in time of peace, befides the troops m Italy, and the forces of the allies, "Tacit. Jinnal. iv. 5. under Adrian thirty, Spartian. 15, In the 529th year of the city, upon the report of a Gallic tu- mult, Italy alone is faid to have armed 8c,oqo cavalry, and 700,000 foot, Flin. iii. 20. y. 24. But in after times, when the lands v/ere cultivated chieiiy by flaves, Liv. vi. 12. it was not fo eafy to procure foldiers. Kence after the deftru6lion o£ Quintilius Varus and his army in Germany, A. U. 763, Au- guftus could not raife forces even to defend Italy and Rome, which he was afraid the Germans and Gauls would attack^, without ufing the greateft rigour, I)io, Ivi. 23. The confuls, after they entered on their oHice, appointed a day {diem edicchant^ vel indicehant), on which all thole who- were of the military age fhould be prefent in the Capitol, Liv, Sxvi. 31. Polyb. vi. 17. On the day appointed, the confuls, feated in their curule chairsy Levying o/" Soldiers. 365. :halrs, held a levy {dcleElum hahebant)^ by the affiftance of the military or legionary tribunes, unlefs hindered by the tri- bunes of the commons, Liv. iii. 51. iv. i. It was determined by lot in what manner the tribes fliould be called. The confuls ordered fuch as they pleafed to be cited out of each tribfe, and every one was obliged to anfwer to liis name under a fevere penalty, Liv. iii. 11, & 41. Cell. xi. 5. Valer^ Max. vi. 3, 4. They were careful to chufe (Jegere) thofe firft, who had what were tliought lucky names, (bona nomina), as, Valerius, Salviu.f, Statorii/s, &c, Cic. Divin. i. 45. Fe/lus in voce Lacus Lucrtnus. Their names were written down on. tables ; hence Jcribere, to enlift, to levy or raife. In certain wars, and under certain commanders, there was he greateft alacrity to enlift, (fiomijia dare), Liv. x. 25. xlii. 32. but this v>'as not always the cafe. Sometimes compullion (co'ircitio) was requifite ; and thofe who refufed, (refrac- TARll, qui niilitiam detreciahant), were forced to enliit Qfucra- ^ento ada&i) by fines and corporal puniPnmeut, {^damno et virgis), Liv. iv. 53. vii. 4. Sometimes they were thrown into iprifon, ibid. &. Dionyf. viii. x. or fold as (laves, Cic. Ccccin. 34. Some cut off their thumbs or fingers to render themfelves un- fit for fervice : Hence pol/ice trunci, poltroons. But this did not fcreen them from punifhment, Suet. Aug. 24. Valer. Ma::. vi. 3, 3. On one occafion Auguilus put forae of the moft re- fraclory to death, Dio, Ivi. 23. There were, however, fevcraljull caufes of exemption from military fervice, (yacationis viilitice vel a militia), of which the chief were, Age, (yEraj-), if above fifty, Z/y. xliL 33, 34. Dif- eafe or infirmity, {morbus vel vitinni), Suet. Aug. 24. Office, (Jjonor), being a magiftrate or prieft, Plutarch, in Camlll. i^erf. fin. Favour or indulgence {beneficiuni) granted by the fenate or people, Cic. Phil. v. 19. de Nat. D. ii. 2. Liv. xsxix. 19. Thofe alfo were excufed who had ferved out their time, 'Emeriti, quijlipendia exple\}ijfcnt, vel defuncti, Ovid. Amor. 9, 24.) Such as claimed this exemption, applied to the tribunes of the commons, Liv. ii. 55. Avho judged of the juf- tice of their claims, {caufas cogiiojcebant'), and interpofed in their behalf or not, as they judged proper. But this was fometimes forbidden by a decree of the fenate, Liv. xxxiv. 56. And the tribunes themfelves fometimes referred the matter to the confuls, Liv. xlii. 32, -i^-i^, &.c.- In fudden emergencies, or in dangerous wars, as a war in Italy, or ag'ainll the Gauls, which was called TUMULTUS^ 364 ROMAN ANTIQUITIES. (qnq/t timor mviltus, vel a tumeo), Cic. Phil. v. 31. viii. tA Quin61:ili?.n. vii. 3. no regard was had to thefe excufes, {deleBut Jine vacationihus habitus c^/i'), Liv. vii. 11,28. viii. 20. x. 2i» Two flags were difplajed (vcxil/afublataxelproIatn/i/rJ^fiom the Capitol, the ore red, (rofcum), to fummon the infantry, (ctd pedites evocandos,^ and the ether green, {caruleuni), to fummon the cavalry, Serv. in Virg. JEn. viii. 4. On fuch occafions, as there w'as not time to go through tlie iifual forms, the conful faid. Qui rempublicam salvam es- se VULT, ME SEQUATUR. This was calle.d CONjURATIO or evocatio, and men thus raifed, Conjurati, Liv. xxii. 38. Ca-f. de Bell. G. vii. I. who were not confidered as regular foldicrs, Liv. xlv. 2. Soldiers raifed upon a fudden alarm, (/« tinmiltu ; Kum, TUi\iULTUS non?iunquam levior quant helium, Liv. ii. 26.) were called Subitarii (Jta repentina auxilia appellahant), Liv. iii. 4, 30. cr Tumultuarii, Liv. i. 37. xxxv. 2. not only at Rome, but alfo in the provinces, ihid. & xl. 26. vrhen the fickly or infirm wq^cq forced to enliil, who were called Causa- mi, Liv. VI. 6. If flaves were found to have obtruded thcm- felves into the fervice, {inter tircnes), they were fometimes puniflied capitally,, (^in eos ardmadverjujn ejl), Plin. Ep. :;. 3^y ^39- The cavalry Vv'ere chofen from the body of the Equites, r.r.d each liad a horle and money to fupport him, given them by the public, Liv. i. 43. On extraordinary occafions fome Eqvifes ferved on their own horfes, LAv. v. 7. But that was not ufually done ; nor were tliere, as fome have thouglit, any horfe in the Roman army, but from the Equites, till the time of Marius, who made a great alteration in the military fyllem of the Romans, in this, as vj^l as in other refpefts. After that period the cavalry Avas compofe.d not merely of Roman equates, as'formerly, but of horfemen raife.l from Italy and the other provinces ; and the infantry confified cliiefly of the poorer citizens or of miercenary foldiers, which is jufllj reckoned one of the chief caufes of the ruin of the republic. After the levy was completed, one foldier was chofen to re- peat over the words of the military oath, (^qui reliquis verba facrnmenti prairet), and the refl fwore after him, (/« verba e- jvs jurabant^. Every one as he pafl'ed along faid, Idem in me, Fejlus in pRiEjURATiONES. Liv. ii. 45. Polyb. vi. 19. The form of the oath does not feem to have been always the Levying c/" Soldiers. 3^5 the fame. The fubllance of it was, that thej would obey their commander, a: d not d^fert their flandards. Sec. Liv. iii. 20. XX ii. 38. Gell. xvi. 4. Sometimes thofe below feventeen were obliged to take the military oath, (Jacramento vel -tim dicere)^ Liv. xxii. 57. XXV. 5. Without this oath no one could jufllj fight with the enemj, Clc. OJf. i. II. Yience facr amenta is put for a military life, ^j'!venal. xvi. -3^^. Livy fays, that it was firll legally exaiTled in the fecond Punic war, xxii. 38. where he feems to make a (liftinclion between the oath (Sacramentum) which former- ly was taken voluntarily, when the troops were embodied, 71 nd each detiiria of cavalry, and century of foot, fworc among tliemfelves {inter fe eqnites decuriati, pedites centuriati conjura- .' .;/'), to aft like good foldiers, (fif^' fog-^ ac formidinis ergo ■: ahituros, fieque ex ordine recejfiiros^, and the oath (jusju- ( ^;-'DUm) which was exadled by the military tribunes after t'^e levy, (jx "joluntario inter ipfos fcedere a ti'ihunis ad legiti- v::;n! jurisjurandi aEilonem tranjlatum^. On occalion of a mutiny, the military oath was taken anew, JJv. xxviii. 29. Under the emperors the name of the prince was inferted in t';c military oath, 'Tacit. Hiji. iv. 31. and this oath ufcd to be r. newed every year on their birth day, Plin. Ep. x. 60. by t'.c foldiers and people in the provinces, Id. Pan. 68. alfo on ■ -■ kalends of January, Suet. Galb. 16. Tacit. Annal. xvi. ^^. llUl.x. 12. On certain occalions perfons were fentup and down the coun- try to raife foldiers, called CONQUISITORES, and the force ufed for that purpofe, CoERCiTio vel Conqvijitio, a prefs or im- prefs, Liv. xxi. 11. xxiii. 32. Cic. de Prov. Conf. 2. Att.\'u. 21. HiJl. de Bell. Alex. 1. Sometimes particular commiffion- ers (triumviri^ were appointed for that purpofe, Li^^, xxv. 5. Veteran foldiers who had ferved out their time, {ho/nines emeritis Jiipeniiis,') were often induced again to inlift, who were then called EVOC ATI, Liv. xxxvii. 4. Cic. Fa?n. iii. 7. Ccef.Bell. Civ. ill 5^. SailnJi.yug.S4. Dio,x[v. 12. Galba gave this name to a body of equites, whom he appointed to guard his perfon, Suet. Galb. 10. The Evocati were exempted from all the drudgery of military fervice, {c.vterorum immu- nesy niji propuljandi hojtis)^ Tacit. Annal. i. 36. After Latium and the ftates of Italy were fubdued, or ad- mitted into alliance, they always furniflied at leaft an equal pumber of infantry with the Romans, and the double of ca- valry. 366 ROMAM AN TIQJJITI ES. valrj, X/t». viii. 8. xxil. 36. fometimes more. (See p. 68.) Tlie confuls, when about to make a levy, fent them notice ■what numbei" of troons thej required, (aJ Jocios Latinumque notnen ad mdites ex formula accipiendos mittunt, arma, tela, alia pararijuhent, Liv. xxii. 57.) and at the fame time appointed the day and place of affembling, (^«o convenirent^ Liv. xxxiv. j6. xxxvii. 4. The forces of the allies fecm to have been raifed, (Jcribti \-el confcripti), mucli in the fame manner with thofe of the Romans. They were paid by their own dates, Liv. xxvii. 9. &, II. and received nothing from the Romans but corn ; on which account they had a paymafter (^^Ut^jlor') of their own, Poljy. vi. But when all the Italians were admitted into the freedom of the city, their forces were incorporated with thofe of the republic. The troops fent by foreign kings -and flates were called aux- iliaries, (AUXILIARES milites vel auxilia, ab augeo, Cic. Att. vi. 5. Varr. & Fell.) They ufually received pay and cloathing from the republic, although they fometimes were fupported by thofe who fent them. The ilrft mercenary foldiers in the Roman army, are faid to have b^en the Celtiberians in Spain, A. U. 537, ZzV. xxiv. 49. Bat thofe mull have been different from the auxiliaries, who are often mentioned before that time, Liv. xxi. 46, 48, 55,56. xxii. 22. Under the emperors the Roman armies were in a great meafure compofed of foreigners ; and the provinces faw with regret the fiower of their youth carried off for that purpofe, Tacit. Hiji. iv. 14. Agric. 31. Each diilricl was obliged to furniiii a certain number of men, in proportion to its extent and opulence. II. DIVISION of the TROOPS In the ROMAN AR- Mr J their ARMS, OFFICERS, and DRESS. A Fter the levy was completed, and tlie military oath admi- *^ nillered, the troops were formed into legions, (LEGIO« iegendo, qi/ia milites in dele&u legebantur, Varro, L. L. iv. 16. which word is fometimes put for an army, Liv, n. 26, 8cc. Sal/.J.r.g.'JO.) I Each Division of tloe TROors. 3^7 Each le^riou was divided into ten cohorts, each cohort into three maniples, and each maniple into two centuries, (MANI- PULUS, ex nianipuio Yt\fafciculofccni, haflc^, vs\p.'rt:ca io7igs alligato, quern profigno priinam gercbat, Ovid. Fall. iii. 117 j- So that there were thirty maniples, and fixty centuries in a legion, Gell. xvi. 4. and if there had always been 100 men ia each century f as its name imports, the legion would have con- • filled of 6000 men. But this was not the cafe. The number of men in a legion was difl'crent at different times, Z/v. vii. 25. viii. 8. xxvi. 28. xxix. 24. xlii. 31. xliii. 12. Ccef. B. C. iii. ic5. B. Al. 69. In the time of Polybius it was 4200. There were ufually 300 cavalry joined to each legion, called JUSTUS EQUITATUS, or ALA, ibid. & Liv. iii. 62, They were divided into ten tur7r.:e or troops ; and each turma into three decurice, or bodies of ten men. The different kinds of infantry which compofed the legion, were three, the Hajlatiy Principes, and 'Trica-ii. The HASTATI were fo called, bccaufe they firft fought • with long fpears, {hajl(x), which were afterwards laid afids as inconvenient, Vavro de Lett. ling. iv. 16. They confiiled of young men in the flower of life, and formed the firll line in battle, Liv. viii. 8. The PRINCIPES were men of middle age in the vigour of life ; they occupied the fecond line. Anciently they feem to bave been polled flrfl ; whence their name, ibid. The TPvIARlI were old foldiers of approved valour, who, formed the third line ; whence their name, Dionyf. viii. 86. They were alfo called PILANI, from the Pilum or javelin which they ufed ; and the Hatjlati and Principe s, who flood be- fore them, Antepilaki. There was a fourth kind of troops called VELITES, froni their fwiftnefs and agility, Ca volundo vel 'uelocitcite'), the ligb.t- armed foldiers, milites levis armcituney vel expediti, vel levis pr-" matura), firft infiituted in the fecond Punic war, Liv. xxvi 4- Thefe did not form a part of the legion, and had no certain poil affigned them ; but fought in fcattored parties where occafion required, ufually before the lines. To them were joined the (lingers and archers, FUNDITORES, Bakares, Ac.ha:i, See.} Liv. xxi. 21. XXV iii. 37. xxxviii. 21, 29. SAGITTARII Cretenfes, Arabes, &c. Liv. xxxvii. 40. xlii. ^^. The light-armed troops were anciently called Ferentarii, Rorarii, (^qiiodcmte rorat quam pluit, Varr. L. L. vi. 3.J and, according 36S ROMAN ANTIQUITIES. according to feme, Accenfu Others make the Accepfi fuper- Dumerary foldiers, who attended the army to fupply the place cf thofe legionary foldiers who died or were (lain, Fejius in Adscriptitii, Varro, ibid. In the mean time, however, they were ranked among the light-armed troops. Thefe were form- ed into dillinft companies, i^expediti manipuU & expeditce co- hortes,) and are iometimes oppofed to the legionary cohorts, Salhi/i. Jug. ^6. (^0,100. The foldiers were often denominated^ efpecially under the emperors, from the number of the legion in which they were ; thus, Primani, the foldiers of the flrft legion ; Secundani, Ter- tiani, ^lartani, ^/irifani, Decimam, 'Tertiadecimani, Vicejifna- ni, DuQdeviccfima?iiy Duo et vicefimani, &c. Tacit. Hill. iv. -^6, 37. nu 27. V. I. Suet. Jul. 70. The Velttes were equipped with bows , flings, feven javelins or fpears with {lender points like arrows, fo that when thrown tliey bent and could not eafily be returned by the enemy, '^7/0- riim tehim inhabile ad remittendiimimperitis ejl), Liv. xxiv. 34, ?. Spanijh fword\\?i\mg both edge and point, {quo Ccefim et punc~ tim petebanty Liv.) a round buckler (parma) about three feet in diameter, made of wood and covered with leather ; and a helmet or calk for the head, (GALEA vel Galerus" , gene- rally made of the Ikin of fome wild bead, to appear the more terrible, Polyb. vi. 20. The arms" of the Hajlati, Principes, and Triarii, both de- fenfive {arma ad tegendum) and ofFenfive (tela ad petendum) were in a great meafure the fame ; Polyh. vi. 2c, & 22. I. An oblong fliield (SCUTUM) with an iron bofs (umbo) jutting out in the middle, four feet long and two feet and a half broad, made of wood, joined together witli little plates of iron, and the whole covered with a bull's hide; Sometimes a round ihield (Clypeus) of a fmaller fize. 2. A head piece (GALEA vel CaJJls v. -tda) of brafa or iron, coming down to the flioulders, but leaving the face uncovered, FJor. iv. 2. whence the command of Cafar at the battle of Pharfalia, which in a great meafure determined the fortune of the day, Faciem feri, miles, Flor. iv. 2. Pom- pey's cavalry being chiefly compofed of young men of rank, : who were as much afraid of ha\dng their vifages disfigured as ^j^ of death. Upon the top of the helmet was the creft, (Cris^ Ta), adorned with plumes of feathers of various colours. 3. A coat of mail, (LORICA) generally made of lea= ther, covered with plates of iron in the form of fcales or iron ringsl jbivisiON of the Troops. 3<^5J tings twlfted within one another like chains, (hamls conferta), Inftead of the coat of mail, moft ufed only a plate of brafs on the breaft, (thorax vel peElorale). 4. Greaves for the legs, {OCREiE), Liv. vs. 40. teg^ mna crufum, Virg. JEn. xi. 777. fometimes only on the right leg, Veget. i. 20. and a kind of fhoe or covering for the feet, called Catiga^ fet with nails, Jitvetjal. xvi. 24. ufed chiefly by the common foldiers, {gregarn vel manipulares ntilites)j whence the Emperor Caligula had his name, Suet. Cal. ix. 52. Tacit, Annal. i. 41. Cic. Att, ii. 3-. Hence Caligatusy a common foU dier, 5/:^/. Aug. 25. Marius a caliga ad cenfulatum per- ductus f from being a common foldier, Senec. de ben. v. 16. — — ' 5 . A fword ^W/«/vel <''//';j-)and t wo long j avelins,(PiL A.) The cavalry at firfl ufed only their ordinary clothing for the fake of agility, that they might more eafily mount their horfes 5 for they had no (lirrups, (Stapi/e vel StapedjE, as they were afterwards called). When they were firft ufed is uncertain.. There is no mention of them in the claflics, nor do they apJ pear on ancient coins and ftatues. Neither had the Ro- mans faddles fuch as ours, but certain coverings of cloth {yef" iisj^ragula) to Cit on, called EPHIPPI A, Horat. Ep. i. 14. 44.. •vel Strata, with which a horfe was faid to be constratus^ lAv. xxi. 54. Thefethe Germans defpifed, Co'f. B. G. iv. 2. The Numidian horfe had no bridles, Liv. xxxv. 1 1. But the Roman cavalry afterwards imitated the manner o£ the Greeks, and ufed nearly the fame armour with the footj> 'Polyb. vi. 23. Thus, Pliny wrote a book de jaculatione e- quejlri, about the art of ufing the javelin on horfeback, Flin. Ep. iii. 4. Horfemcn armed rap-a-pie, that is, completely from head to foot, were called Loricati or Cataphracti, Liv. xxxv, 48. xxxvii. 40. In each legion there were fix military tribunes (See p. 193.) who commanded under the conful, each in his turn, ufuallv month about, Liv. xl. 41. Horat. Sat. i. 6. 48. In battle, a tribune feems to have had the charge of ten centuries, or about a thoufand men; hence called in Greek, ;t'^"»PA:''?» vel •»>?. Un- der the emperors they were chofen chiefly from among the fenators and equites ; hence called Laticlavii and Angusti- clavii. Suet. 0th. \o. One of thefe fcemstobe called Tri- BUNUs coHoRTis, Pliru Ep. iii. 9. and their command to have lafted only fjx months -, hence called stlmestris tribunA" TUS, Plin. Ep. iv. 4. or semestre aurum, JuvenaL vii. 8. becaufa they had the right of wearing a golden ring. The tribunes chofe the officers who commanded the centu- 3 A xl«? 370 ROMAN ANTiqUITIES. ^ies (Centuriones vel ordinum duHores), from among tby common foldiers, according to their merit, Liv. xln. 34. Caf. vi. 39. Lucan. i. 645. vi. 145. But this office ( centU' rionntus j uas fomctimes difpofed of by the conful or procon- ful through favour, and even for money, Cic. Ptf. 36. The badge of a centurion was a vine-rod or faphng, (viti:}. Piin. xiv. I. f. 3. Tacit, i. 23. Juvenal, viii. i^-]. Ovid. Art. Am. \. 527. hence vite d'.nan^ to be made a centurion; vitetn pofcerCy to afk that office, juvenal. Xiv. 193 gerere, to bear it, Lucatt. vi. 146. There were two centurions in each m-^niple called by the fame name, but diltinguifhed by the title />; tot former, and pojlerlcr latter, becaufe the ont^ was cholen and ranked be- fore the other. Tacit, Ann. I. -3^2. Dio'!y/.\\ 10 Under the emperors perfonswere made centurions all zt once through intereft, Dio. lit. 25. The centurion of the firft century of the firflg^aniple of the Triariif was called Centurio primi piJi, vel primi ordinisi Liv. XXV. 19. or Primus Pi/us, primipilus, or priwOf'iluSf Caef. B. G. ii. 25. alfo primui centurio, Liv. vii. 4 ; . qui pri^ mum pilum ducebat.^ ib. 13. Dux legicnLi, ^0 nj^s/^av too T^yMaTOf.J Diofi'yf ix. 1 o. He prefided over all the other centurions, and had the charge of the ea^le [aqwla)^ or chief ftandard of the legion, Tacit ^ Hijl. iii. 2 2* Vol. Max. i. 6. 11 whereby he obtained both profit and dignity, being ranked among the equiteSy Juvenal, xiv. 197. Martial, i. 32. Ovid Amor. iii. 8- 20. Pont iv 7.; 5- He had a place in the council of M'ar with the conful and tribunes. The other centurions were called minores ordme^ lb. 49. The centurion of the fecond century of the firft maniple of the Jnarii, was called Primipilus pojhrior : So the two ceniu- rions of the fecond maniple of the Triarii, Prior centurio., and pofterior centurio fecundi pili ; and fo onto the tenth, who was called Centurio decimi pili y prior ct. pojierior. In like manner, Primus princepSffecundus prir.ceps^ &c Primus kajtatuiy &C. Thus there was a large field for promotion in t!ie Roman army, from a common foldier to a centurion ; from being the loweft centurion of the tenth maniple of tiajiati^ (dectmus hcjlatus pojreriorj, to the rank of Primipilus ^ Liv. xlii, ^4. Any one of the chief centurions was faid ducere honejium or- dinera ; as Virginius, Liv. iii. 44. The centurions chofe each twoafliilants or lieutenants, cal- led OP riONES, Uragiy or Succcnturiones, Liv. viii. 8. Fef" tus in Optio i and two ftandard-bearers or enfigns, (5IGNI- FLRI Division of the Troops. 371 . fERI vel Vexillarn)y Liv. vi. 8. xxxv. 5. Tac. Ann. ii. 8l, hijL i. 41. iii. 17. Cic Divin. i. 77. He who commanded the cavalry of a legion was called Pr^- Rectus al^, Plin. tp. iii. 4, Each lunna had three DECURIONES or commanders of ten, but he wlio was fir It elected commanded the troop, Po!yb. vi. ^3. and he was called Dux xuRMiE, SalluJ}. Jug. 38. Each decurio had an optio or deputy under him, Varro de Lat, Jing. iv. 16. The troops of the allies (which, as well as the horfe, were failed Al^, from their being ftationed on the wings, Liv. xxxi. 21. Gell. XVI. 4.) had prsefedts ^PR-^FECTI) appointed them, who commanded in the fame manner as the legionary tribunes, dtf.B.G i. 39. Suet. -lUg. 38. Claud, i^. Plin. Jipiji. X. 19. They were divided into cohorts, as the Roman infantry, Salluji Jug. 58. A ti)ird part of die horfe, and a fifth of the foot of the al- lies were fele^led and polled near the conlul, under the name of ExTRAOKDiNARii, and one troop called Ablecti or SeUBi, to ferve as his lite-gunrds, Liv. xxxv. 5. Polyb. vi. 28. It is probable that the arms and inferior officers of the allied troops were much the fame with thofe of the Romans. Two legions, with the due number of cavalry, [cum jujio fquitatu)f and the allies, formed what was called a confular army, about 20,000 men, Liv.x. 25. in the time of Polybius, 18,600, Polyb. vi. 24. The conful appointed lieutenant-generals (LEGATI) un- der him, one or more, according to the importance of the war, Liv. ii. 29. 59. iy. 17. x. 40. 43. &c. Sail. Cat. 59. Jug. 28, Caf. de bell. ctv.W. 17. iii. 55. WHien the conful performed any thing in perfon, he was faid to do it by his own condudlt and aufpices, {duBu vel imps- rioy et aufpicio juojy Liv. iii. i. 17.42. xli. 17. 28. Plant. Amph. i. I. 41. ii. 2. 25. Horat. i. 7. 27. but if his legatus or any other perfon did it by hi^ command, it was faid to bp done, aufpicio corifulis et du£lu legati, by the aufpices of the conful and conduct of the legatus. In this manner the empe- rors were f^id to do every thing by their aufpices, although they remained ar Rome. Du£iu Germaniciy aufpiciis Tiberii, Tacit. Annal. ii. 41. Horat. Od. iv 14. 16. & 33. Ovid. Trift. ii. 173. hence aufpiciaf the conduit, Liv. iii. 60. The military robe or cloak of the general was called PA- LUDAMENTUM, or Chlamysj of a fcarlet colour bordered with purple j fometimes worn alfo by the chief officers, Liv. i. 26. Plin. xvi. 3. Tac. Ann. xii. 56. cum paludatis dudbus, 3 A 2 officers 372 ROMAN ANTIQUITIES. officers in red coats, Juvenal, vi. 399. and, according to feme, by the lifters who attended the conful in war, Zi-u. xli. lo. ?clv. 39, Chlamys was likewife the name of a travelling drefs, (vcjlii viatoria) : hence Ch/anrydatus^ 3 traveller or foreigner, F/aiii. Pfeud. iv. 2. ^. fc. 7. 49. The military cloak of the oiBcers and foldiers was called SAGUiNl, alfo Chlamys, Plaut. Rud. ii. 2. 9. an open robe drawn over the other cloaths and faftencd with a clafp, Suet, jiug. 26. oppofed to toga the robe of peace. When there wa$ a war in Italy, (in tumultujy all the citizens put on t\\c fagum : ^ence EJ} in Jhgis civitasy Cic. Phil viii ii. fuwerejhga, ad faga ire ; et redire ad togas , Id. v. 12. xiv. i. alfo put for the general's robe •, thus, Punico lugubre tnutavitfaguniy i. e. depo~ fuit coccineam chlamydetn Antonius, gt acceplt nig- aviy laid afide his purple robe and put on mourning, horat, hpod. ix. 27. m. DISCIPLINE of the ROMJNS, their MARCHES and ENCAMPMENTS. 'TTHE difcipline of the Romans was chiefly confpicuous in ■* their marches and encampments. They never palled a night, even in the longeft marches, without pitching a camp, and fortifying it with a rampart and ditch, Liv. xliv. 39. Sallvjl. Jug. 4 J. & 91. Perfons were always fent before to chufe and mark out a proper place for that purpofe, (cojlra tnetari). Htnce called MET ATOPIES ; thus, Alteris cajlris ytlfecundisy is put for nltero die^ the fecond day ; tertiis cajlris^ quiniis cajlris, Sec. Tacit. Hijl. iii. I J. iv. 7 1 . Caf. B. G. vii. 36. "When an army {laid but one ni|;ht m the fame camp, or even two or three nights, it was Hmply called caj}ray and in later ages MANhIO ; which word is alfo put for the journey of one day, Plin. xii. 14. or for an inn, Suet. Tit. 10. as 0-ra.^u.oi among the Greeks. "When an army remained for a confiderable time in the fame place, it was called Cajlra STATIVA, a flandmg camp, j4lS- TI"V'A, a fummer camp ; and HIBERNA, a winter camp, (which was firft ufed in the fiege of Veji), Liv. y. 2. Uikema-' fula ^dijicavit, xxiii. 39. The winter quarters of the P>.omans were flrongly fortified, and furnifhed, particularly under the emperors, with every accommodation like a city, as llorehoufes, (armaria J, work- shops, (fahricx)., an infirmary, { valet uditiarium), &c. Hence from them many towns in Europe are fuppofed to have had their Discipline of the Romans, l^c. 373 their origin ; in England particularly, thofe whofe names end in cejter or chejier- The form of the Roman camp was a fquare, ( quadrata )^ and always of the fame figure, Polyb, vi. 25. In later ages, in imitation of the Greeks, they fometimes made it circular, or adapted it to the nature of the ground, Veget. i. 23. It wan lurrounded with a ditch, (Fossa), ufually nine feet deep and twelve feet broad, and a rampart (VALLUM), compofed of the earth dug from the ditch, CAGGER), and fharp (takes, (fudesj VALLI vel palijy ftuck into it, T/V^. G. ii. 25. Cuf. B. Civ. ii. I. 15. Fo/y6. xvii. 14. & 15. The camp had four gates, one on each fide, called Porta PRiETORiA, vcl Extraordinaria, next the enemy, Liv. xl, 27. DECUMANA, oppofite to the former, {ab tergo cajiro^ rum et hojii a-cerfa^ vel ah hojie)^ Liv. iii. 5, x 32. Csef. B. Gv ii. 24. Civ. iii. 79. Porta PRINCIPALIS DEXTRA and princi- palis SINISTRA, Liv. xl. 27. The camp was divided into two parts, called the upper and lower. The upper part, (^pars cajlrarum fuperior), was that next the porta pratoria, in which was the general's tent, {ducis ta- bernaculum)t called PRiETORIUM, alfo Augurale, Tacit, AnnaL ii. 13. xv. 30 from that part of it where he took the aufpices, {augur aculumy Feft. vel augiiratoriumy Hygin. de caftramet.) or AugustaLe, ^nnBil.\\\\,'i.Z. with a fulficient fpacc around for his retinue, the praetorian cohort, &c. On one fide of the Prxtonum were tlie tents of the lieutenant- generals, and on the other that of the Quseflor, QUjESTO- RIUM, which feems antiently to have been near the porta de-- cumanay hence called ^lajloria^ Liv. x. 32. xxxiv. 47. Hard by the qutsftor's tent was the FORUM, called alfo Quinta- NA, where things were fold and meetings held, Liv. xli. 2. Suet. Ner. 26, Palyb. vi. 38. In tliis part of the camp were alfo the tents of the tribunes, prefects of the allies, the Evom catii AbleSiii and Extraordinani, both horfe and foot. But in what order they were placed does not appear from the dailies. We only know that a particular place was afligned both to of- ficers and men, with which they were all perfectly acquainted. The lower part of the camp was feparated from the upper by a broad open fpace, whieh extended the whole breadth of the camp, called PRINCIPIA, Liv. vii. 12. where the tribu- nal of the general was ere£tcd, when he either adminiftered jultice or harangued the army. Tacit. Anna!, i. 67. Hijh iii. 13. where the tribunes held their courts, {jura reddebatit)^ Liv. xxvjii. 24. and punifhments were inflided. Suet. 0th. i, Aug. 374 ROMAN ANTIQUITIES. .Aug. 24. Liv. viii. 32. ix. 16. the principal ftandards of the army, and the altars of the gods flood, Tacit. Annal i. 39. alfo the images of the emperors, Id iv. 2. xv. 29. by which the foldiers fwore, Liv. xxvi. 48. Horat. Od. iv. 5. Ep. ii. r, 16. and depofited their money at the itandards, [ad\t\ apud ftgna)t 2S in a facred place, Suet. Dom. 7. each a certain part of his pay, and the half of a donative, which was not reftored till the end of the war, Veget. ii. 20. In the lower part of the camp the troops were difpofed ia this manner : The cavalry in the middle ; on both fides of them the Tnariiy Pnticipes^ and Hajlati\ next to them on both fides were the cavalry and foot of the allies, who, it is obfcrvable, were always pofted in feparate places, left they ihould form any plots, {tit quid nova ret molirentur), by being "united. It is not agreed what was the place of the thelites. They are fuppofed to have occupied the empty fpace between the rampart and the tents, which was 2CO fv;et broad. The fame may be faid ot the flaves, (Calones vtl/ervi), and re- tainers or followers of the camp, [hixm, qui exercitutn fequf" baiitur, quajltis giatid, Feitus , Liv. xxiii. 16. Thefe were little ufed m antient times. A common foldier was not allow- ed a flave, but the officers were, Zallnjl. Jug. 45. The Lix^ were fometimes altogether prohibited, Ibid. At other times they feem to have flaid without the camp, in what was called Procestria, {adifcia extra cajira)y Feftus, Tacit. Hift. iv. 2 2. The tents {tentoria) were covered with leather or Ikins ex- tended with ropes: h&r\ctfub pellibus hiemarey Flor. i. 12. du^ rarey Liv. v. 2. haberiy Id. 37. 39. retineriy in tents, or in camp. Tacit. Ann. 13-35. So Cic. Acad. iv. 2. In each tent were ufuaily ten foldiefs, with their d^ranus or petty officer who commanded them, (qui its pr^fuit) ; which xvas properly called Contubernium, and they Coniubernales. Hence young noblemen under the general's particular care, were laid to ferve in his tent, [contuhernio ejus militare)y and were called his Contcbernales, Suet. Jul. 42. Cic. Cxi. 30. Flonc. 21. SalluJ}. Jig. 64. Hence, Vivere in contuhernio ali- cujusy to live in one's family, Plvu ep. vii. 24. Contubernalisy a companion, Id. i. 19. x. 3. The centurions and ftandard- bcarers were pofled at the head of their companies. The different divifions of the troops were feparated by in- tervals, called VIJS. Of thefe there were five longwife, {in longum), i. e. running from the decuman towards the pratorian fide ; and three acrofs, one in the lower part of the c:;mp, called ^4ii:tarMy and two in the upper, namely, the Pancipia already defcribed, and another between the Pratorium and the Discipline of the Romans, tsfe. 37^, the Praetorian gate. The rows of tents between the via vicvt .called Strict, (/>v^«< ) In pitching the camp, different divifions of the army were appointed to execute different parts of the work, under the iri-t fpe£lion of the tribunes or centurions, Juvenal viii. 147. a« they liicewife were during the encampment to perform different fervices, [mim/Ieria) to procure water, forage, wood, Sec. From thefe certain perfons were exempted, {itnmunes operum milita" riunif in unum pugna labarem reftrvatiy Liv. vii. 7.) either by law or cuilom, as the Equitei, Val. Max. ii. 9. 7. the Evocati and veterans, Tacit. Animal, i. 36. or by the favour [beneficio) of their commander -, hence called Beneficiarii, Fejlus^ Caj". B' C i. 75. But afterwards this exemption ufed'to be pur- chafed from the centurions, which proved moft pernicious to military difcipline, Tacit. Annul, i. 1 7 HiJ}. i, 46. The fol- diers obliged to perform thcfe fervices were called Munifices, Veget. ii. 7. 19. Under the emperors there was a particular officer in each le-r gion who had the charge of the camp, called FrjEfectus cas- TROKUM, Tacit. Ann. i. 20. xiv. 37. Hi/i.n. 29. Veget. ii. 10. A certain number of maniples were appointed to kcq) guird at the gates, on tlie rampart, and m other places of the camp, before the Fratorium^ the tents of the Legati, Quseltor, and tribunes, both by day and by night, [agere exciibias \f^JiationeX et vigilias), who were chanj:ed every three hours, Polyb. vi. 33. ExcuBi^ denotes watches either by day or by night ; Vigi- Ll^, only by night. Guards placed before the gates were properly called vStationes, on the rampart Custodije, Liv, XXV. 40. xliv. 33. Buty?rt//e is alfo put for any poll ; hence, Vetat Pythagoras injujju imperatoris, id g/?, Deiy de prafidio et Jlutione vita decedere, Cic. Sen. 20. Whoever deferted his ftation was puniflied with death. Suet. Aug. 24. Every evening before the watches were fet, {antequam vigi" lue difponerer:tur)y the watch- word [fyoniblum) or private ngnal, by which they might diftinguifli friends from foes, Dio. xljii. 34. was diltributed through the army by means of a fquare tablet of wood in the form of a die, called TESSERA from its four corners, (rtiro-apff, a, quatuor). On it was infgribed whatever word or word the general chofe, which he feems to have varied every ni ht, Polyb. vi. 32. A frequent watch-wcrd of Marius was Lar Deus ; of Sul- la, Apollo DelpHicus, and of Csefar, Venus Genitrix, &c. Serv. ad Virg JEn.y'n. O'^i. of Brutus, libertas, Diy. 47. 43. It was given [tej'era data eft) by the general to the iribunes and prefeds of the allies, by them to tiie centurions, and 375 ROMAN ANTIQUITIES. and by them to the foldkrs. The perfon who earned tht TeJJera from the tribunes to the centurions, was called Tes- 4ERARIUS, Tacit. Hi/}, i. 25. In this manner alfo the particular commands of the general were made known to the troops, Liv. vii. 35. ix. 32. xxvii. 46. xxviii. 14. Suet. Galb. 6. which feems likewife fometime^ to have been done vi-oa voce, Liv. xliv, 33. Every evening u^hen the general difmiiTed his chief officers and friends, {cum Pr^torium dimittebat), after giving rhens lis commands, all the trumpets founded, Liv. xxx. 5. xxi. 54. xxvi. i;. xxxvii. 5. Certain pcrfons were every night appointed tp go round («V- ctnnire vel obire) the watches ; hence called circuitores, vel Circitores. This feems to have been at firft done by the equi' fei, Liv. xxii. i. and tribunes, Id. xxviii. 24. on extraordinary occaficns by the /egaii and general himfelf, SallnJ}. Jug. 45^ At laft particular perfons were chofen for that purpofe by the tribunes, Fe'gef. iii. 8. The Romans ufed only wind-inftruments of mufic in tht army. Thefe were the TUBA, rtraight like our trumpet ; COilNU, the horn, bent almofl: round; BUCCINA, fimilar ttf the hohn, commonly ufed by the watches; LITUUS, the cla- rion, bent a litde at the end, like the augur's ItafF or lituus ; all of brafs : Whence thofe who blew them were called ^-. NEATORES, Suet. Jul. 32. The Tuba was ufed as a fignal for the foot, the Litnns for the horf:-, jicron. ad Horat. Od. i. X. 23. but they are fometimes confounded, Virg. Mn. vi. 167, and both called Concha^ becaufe firll made of Ihells, Id. 171. The fignal was given for changing the watches {yigiliis mu* tandis) with a trui^pet or horn, (tuba)^ Lucan. viii. 24. (bucci- ti^), Liv. vii. -^5: Tacit. Hiji. v. 22. hence ad teriiam buccinnrrty iox vtgiliam. Liv. xxvi. 15. and the time was determined by hour-glafies, {per clepfydras\ Veget. iii. 8. See p. 248. A principal part of the difcipline of the camp confifled in cxercifes, (whence the army was called Exercitus), walking pnd running (i/frz/;;/;*?) completely armed, Zk'. xxiii. \^. xxvii 51 xxix. 22. Polyb.vi. 2c. leaping, fwimming. Suet. Aug. €5. vaulting {falitio) upon horfes of wood, Feget. i. 18. iliooting the arrow, and throwing the javelin ; att icking a wooden figure of a man as a real enemy, [exeratia ad paluntf vel Palabia), Juvenal. \\. 246. the carrying of weights, S;c. yirg. G. iii. 346. "When the general thouglit proper to decamp, Uaflra move" re)., he gave the fignal for collecting their baggage, {coUigendl vc/a,) whereupon all took dov,'n their tents, {tabernacu/a detent debanty] Discipline of the Romans, £3*^^ 07-7 debant)^ but not till they favv this done to the tents of the ge- neral and tribunes, Pol^^b. vi. Upon the next fignal they put their baggage on the beafts of burden, and upon the third fig- nal began to march ; firft the extraordifiarii and the allies of the right wing with their baggage, then the legions, and lall of all the allies ot the left wing, with a party of horfe in the rear, (ad agmen ccgendiimy i. e. coliigeiidum^ to prevent ftraggling), and fometimes on the flanks, in fuch order, ( compoftto agminey not! iiineri tnagi's (ipto, qunm prcelio,) that they might readily be formed into tlie line of battle if an enemy atLacked them. An army in clofe array was called Agmen pilatum, Serv. in Virg. JEn. xii. 121. \c\ jujlum^ Tacit, hill. i. 68 Wliea under no apprehenfion of an enemy, they were lefs guarded, (agmine incanio^ i. e minus miimtOj ut inter pacatos ducebaty fc. conful), Liv. XXXV. 4. The form of the army on march, however, varied accord- ing to circumftances and the nature of the ground, Liv. xxxv. 4. 27. 28. It was fometimes difpofed into a fquare, (agmen CJUadratum), wi.th the baggage in the middle, Liv. xxxi. 37. xxxix. 30. Hirt. de belL GalL viii. 8. Tactt. Ann. i. 51. Sconts/fpeculaiorej J were always fent before to reconnoitre the ground, ( ad omnia explorandajy Suet. Jul. 58. Sail. Jug. 46. A certain kind of foldiers under the emperors were called SPECULATORES, Tacit. Hiji. i. 24. 25. 27. ii. 11. 33. 73. ^uet. Claud 35. 0th. 5. The foldiers were trained with great care to obferve the mi- litary pace, ( gradu militari incederejy and to follow the ilan- dards, (figna fequi ). For that*purpofe, when encamped, they were led out thrice a- month, fometimes ten, fometimes twen- ty miles, lefs or more, as the general ihchned. They ufually marched at the rate of twenty miles in five hour.->, fometimes with a quickened pace (gradu vel agmine citato ) twenty-four miles in that time, Veget. \. 9. The load vfhich a Roman foldier carried is almoft incredi- ble, Virg. G. iii. 346. Horat. Sat. ii. 2. 10. victuals (cibaria ) for fifteen days, Cic.Jufc. ii. 5. \6. fometimes more, Liv. Epit. 57. ufually corn, as being lighter, fomcti;nes drefl; food, (cctius cibus), Liv. iii- 27. utenfils, [ittenftlia)^ ib. 42. a faw, a baficet, a mattock, [rutrufJi), an ax, a hook, and leathern thong, (fo/x et Jorum ad pa'.ndandutn /y a chain, a pot, &c. Liv. xxviii. 45. Herat. Epod. ix. 13. flakes, ufually three or four, fometimes twelve, Lif. iii. ^7. the whole amounting to fixty pound weight, befides arms; for a Roman foldier confi- dered thefe not as a burden, but as a part of himfelf, [arma membra milites ducebant), Cic. Tufc. ii. 16, 3 B , Under 37« ROMAN ANTIQUITIES, Unckr this load they commonly marched twenty miles it- day, fomctimes more, Veget. i. lo. Spartian. Adrian. lo. Tliere were beafts of burden for carrying the tents, mills, baggage, &c. (Jumenta sarcinaria, Caf. B. C. i. 8i.) The ancient Romans rarely ufed waggons, as being more cumber- fome, Sallujl. Jug. 45. The general ufaally marched in the centre, fometimes in the rear, or where-ever his prefence was neceflary. Ibid, et Polyb. X. 22. When they came near the place of encampment, fome trl- buiits and centurions, with proper perfons appointed for that fcrvice, [cum metatorlbus), were ferit before to mark out the ground, and affi. n to each his proper quarters, which they did t>y ercdllng flags {t'exilla) of different colours m the feveral parts. The place for the general's tent was marked with a white flag ; and when it was once fixed, the places of the reft fol- lowed of courfe, a, being afcertained and known, Polyb. \\. 39. When the troops came up, they immediately fet about making the rampart, [vallum jaciebatit)y while part of the army kept guard [pmf.dium agitabnnt), to prevent furprife. The camp was alw ays marked out in the fame manner, and fortified, if they were to continue in it only for a fingle night. Jofeph. bell. Jud. iii. 6. JV. fhc ORDER of BATTLE, and the different $TANDARDS^ 'T HE Roman army was ufually drawn up in three line?, (tripUce acisy vel triplicibus fubfidiis, Salluft. Jug. 49.) pach feveral rows deep. I'he Hajiati were placed in the firft line ; fin prima acie, vcl ifi principiisj ^ the Friftcipes in the fecond ; and the Triarii or Filatii in the third ; ai proper diftances from one another. The Priticipes are fuppofsd anciently to have ftcod foremofl : HenCe po/i principia, behind the firft hne, Ter. Eitn. iv. 7-11. Liv.'n 65. iii. 22. viii. 10. Tiatifvorfts principiisy the front or firft Ime being turned into the flank, Sallujl. Jug. 49. Liv. ■ viii. 8. xxxvi'.. 39. A maniple of each kind of troops was placed behind one another, fo that each legion had ten m :in;ples in front. They were not placed diretlly behind one anotiier as on march, [ag- mine quadr^itc\ but obliquely, in the form of what is called a '^ii>,cunx, Virg, G. ii. 279. uhlefs when they had to contend with elephants, as at the battle of Z^ma, Polyb. xv. 9. et '/Ippian. Li-j. XXX. 33. There were certain intervals or fpaces ' '"■•-'■ (VliE) Order of Battle, ^i.-. 379 (VI^) not only between the lines, but likewife between the maniples. Hence ordines expUcare^ to aiTange in order of, battle, Liv. iii. 60. and in the maniples each miin had a free fpace of at leaft three feet, both on the fide and behind, Folyh. xvii. 16. The Velites were placed in the fpaces or intervals (in 'c'lis ) between the maniples, Liv. xxx. 33. SalluJ}. ibid, or on the wings, xlii. 58. The Roman legions pofiefTed the centre, fmediam acicm tene-^ hanty) the allies and auxiliaries the right and left wings, (cor" riitnjy Liv. xxxvii. 39. The caValry were fometimes placed behind the foot, whence they were fuddenly let out on the enemy through the intervals between the maniples, Liv. x. 5. but they were commonly poftedon the wings, Liv. xxvili. r4. hence called ALj:E, Ge'J. xvi. 4. Plin. ep. 7. 30. which name is commonly applied to the cavalry of the allies, [alarii vel ah" rii equites)y Liv. xxxv. 5. Cic. Fam. ii. 17. when diftinguifhed from the cavalry of the legions, (equitcs legionariij, Liv. xl. 40. Caef. B. G. i. 41. and likewife to the auxiliary infantry^ {cohortes aLiresvtl alaria)y Liv. x. 40. 43. Cief. B. C. i. 65. ii. 16. This arrangement however was not always obferved. Some-j limes all the different kinds of troops were placed in the fame line. For inftance, when there were two legions, the one le- gion and its allies were placed in the firft line, and the other behind as a body of referve, ( in fubfidiis \€i prxfidiis ) , Liv. xxvii. 2. 12- xxix. 2. XXX. 18. This was called Acies DUPLEX, C/f/I B. a. 75. Sallujl. Cat. 59. wheu there was only one line, Acies Simplex, Caif. B. G. iii. 25. ^fr. 12. 53. Some think, that in latter times an army was ilrawn up in order of battle, without any regard to the divifion of foldlera into different ranks. In the defcription of Cxfar's battles there is no mention made of the foidiers being divided into HtjjJaii, PrincipeSy and T'fiarii, but only of a certain number of legions and cohorts, which Caefar generally drev/ up in three lines, Ctff. B. G.i. 19. 41. ii. 22. iv. 11. ^. 0. i. 57. 75. iii. 74. ^fr. 53. So SalluJ}. Cat. 59. Tacit. Hi jl. ii. 24. In the battle of Pharfalia he formed a body of referve, which he calls a fourth line, (quartam aciem injiituit), to oppofe the ca* valry of Pompey, which- indeed determined the fortune of the day, B. C. iii. 76. This was properly called Acies q^adru- PLEX; as, B. Afr. 58. In the time of Caefar the braved troops were commonly placed in the front, Sallujl. et Ccef. ibid, contrary to the ancient cuftom. This, and various other alterations in the military *rt, are afgribed to Marius. J B a ACIE3 38o ROMAN ANTIQUITIES. AciEs is put not only for the whole or a part of an army' in order of battle ; as, Aciem injlruerey aquare^ exortiare^ ex- pltcare, extenuarCy firmarcy perturharcy imtaurarey reftituere^ redintegrarcy Sec. bat alfo for the battle itfelf, Cic. Fatn. vi. 3. Suet. Aug. I'-. Covimljfani ariem fecutus ejl terra tremor yXhtxe. happened an earthquake, after the fight was begun, Fbr. n. 6. Poft acies primaSy after the fir(l battle, Ovid. Met. xiii. 207. Each century, or at lead each maniple, had its proper ^iiw^^ dard and ftandard-bearer, l^arrode Lat. ling. iv. :^6. Liv. viii, 8. Veget.'n. 23. Hence milites figni uniuSy of one maniple or century, Liv, xxv. 23. xxxiii. i. 9. Reliqua fignaiii fiibfidio ar- iius collocaty he placed the reft of the troops as a body of re- ferve or in the fecond line more clofely, Sallujl. Cat. sg.Jig'.'u inferrey to advance ; cotr'erterey to face about, Ctf. B. G. \. 25. efftrrey to go out of the camp. Li-y. xxv. 4. afignis dfcede- rcy to dcfert, Ibid. 20. referre^ to retreat ; alfo to recover the ftandards, Virg. JEn. vi. ^iG.figna cofifcrrcy veXfignis coltatis coufigerey Xo cw^'Ti^'is Jigni'' infefiis inferriy ire vel iticederCy to march againft the enemy; urbem intrarefubfignisy Liv. iii. 51. fubftgnis legio/ies ducercy in battle order, C/V. Att. xvi. 8. figtia infejla ferrey to advance as if to an attack, Virg. JEn. v. 582, The enfign of a nwnipulus wzs anciently a bundle of hay on the top of a pole, (See p. 367.) whence mi/ej 7nnfiiptclaris, a common foldier, Ovid. F^Ji.m. 116. Afterwards a fpear with a crofs piece of wood on the top, fometimes the figure of a hand above, probably in allufion to the wcz A matiipulus ; and below, a fmall round or oval {hield, commonly of (river, Pltn. xxxiii. 3. alfo of gold, Hcrcdian. iV. 7 on which were reprefented the images of the warlike deities, as Mors or Minerva ; and after the extincftion of liberty, of the emperors, Tacit. Anv. i. 43. HiJI. i. 41. iv. 62. or of their favourites, Suci. Tib. 48. Cal. 14. Hence the ftandards \vere called Nuwi/ia legictwrHf ; and worfhipped with religious adoration, Suet. Cal. 14. Vit. 2. Tacit. Ann. i. 39. Veget. ii. 6. The foldiers fwore by them, Lucan. i. 374. We read alfo of the ftandards of the cohorts, Liv. xxvii. 15. , C<£j. B. G. ii. 25. Tacit. Ann. \. 18. Hijt.'i. 4I. as of prefedlsj or commanders of the cohorts, Salli.Jl. Jug. 46. But then aj whole is fuppofed to be put for a part, cohcrtes for manipuli or] cri/Z/if-j, wl:ichvv-ere properly faid adf:gna convenire et contineriA Cjef. B. G. vi. I. 31- 37- The. divifions of the legion, how- ever,' feem to have been' different at different times. Ccefarj irentions 120 chofen men of the"*/ame century, B. C. iii. 761 and Vegetiur- makes »fcfl//'7^i!//w the fame' with cotJtiibernium, ii. 13. Itis at leaft certain that tlicre rvhvays'•^^-as■a diverffty of ' ■'**^ * ■' 4 ranksJ Order £/" Battle, tsfc: 3^1 ranks, Ordines inferiores et superiores C^f. ^. G. vi. 34. Tacit. Hij} i. 52. iv. 59- and a gradation of preferments, Ordines vel gracilis mi/itia, Ibid, et CvcL B. C. i. 44. Suet. Claud. 25. The divilions molt frequently mentioned are Cohortes, battalions of foot, and turm/e, troops of horfe, Cic. AfarceL 2. Fam. xv. 2. Ait.'vi. 2. Conors is fometimes applied to the auxiliaries, and oppofed to the legions, Tacit. Hiji. i'l. 89. V. 18. It is alfo, although more rarely, applied to cavalry, P/iu. Ep. x. 107. The (landards of the different divifions had certain letters infcribed on them, to diitinguifh the one from the other, Veget. ii. 13. The ftandard of the cavalry was called VEXILLUM, a flag or banner, i. e. a fquare piece of cloth fixed on the end of a fpear, Liv. ufed alfo by tlie foot, def, G. vi. 33. 37. particu- larly by the veterans who had ferved out their time, but under the emperors were ftill retained in the army, and fought in bodies diftin£l: from the kgion, under a particular ftandard of their own, {fub 'uexiHo, hence called VEXILLARII), Tacit, yifin. i. 17. 26. 36. 38. But Vexillum or Vexillatio is alfo put for any number of troops following one ftandard. Tacit. Hi/i, \. 31. 70. Suet. Galb. 18. Stat. Theb. xii. 782. To lofe the ftandards was always efteemed difgraceful, {Alag/ium perdere crimen erat^ Ovid. Faft. iii. 114.) parti- cularly to the Itandard-bearer, Caf. B. G. iv. 23. v. 29. B. C. \. 54. fometimes a capital crime, Liv. ii. 59. Hence, to ani- mate the foldiers, tJie ftandards were fometimes thrown a- mong the enemy, Liv. iii. 70. vi. 8. xxv. 14. xxvi. 5. A filver eagle, with expanded wings, on the top of a fpear, fometimes holding a thunderbolt in its claws, with the figure of a fmall chjpel above it, Dio. xl. 1 8. v.as the common ftan- dard of the legion, at leaft atter the time of Marius, for be- fore that the fu' ur.-s of other animals were ufed, Pliti. x. 4. f. 5. Hence AQUILA is put for a legion, Caf. Hifp. 30. and aquila ftgnaque for all the ftandards of a legion. Tacit pa (Jim . It was anciently carried before the firft maniple of the Triarii, but after the time of Marius, in the firft line, and near it was the or.'inary place of the general, Salluji. Co't. ^g. almoft iu the centre of the army; thus. Medio dux /.gmine Turnus vertitur arma tenensy Virg. JEn. ix. 28. ufually on horfeback, Liv. \\. 7. Sail. Cat. 5y. C^f. Gall. i. 25. So likew.fe the Le~ gaii and Tribunes, Ibid. & Ctrf. vii. 65. I'ht fcldieri. who fought^before the ftandards, or in the firft line, were called ANTESIGNANI, Liv. ii. 20. Iv. 37. vii. 16. 33. ix. 32. 39. xxii. 5. XXX. 33. C.'ef. B. C. i. 41. 52. Thcf^ o1»=> jS2 ROMAN AKTIQJTITIES. Thofe behmd the ftandards, (pojl figna), POSTSIGNANT, lAv. \ii\. II. Frcntln. Straieg. i. 3. 17. vel SUBSIGNANI, ^acit. tiijl. i. •70. but the Suh/ig7iani feem to have been the fame with the Fe Allay iij or priviledged veterans, Id. iv. 33. ^rjT7. i. 31^. The general vas ufually attended by a fele£l band, called COHORS PRiETORIA, Cic Cat. ii. 1 1. Fam.\. 30. Salhijl.^ Cat. 60. Jug. 98. firft initituted by Scipio Africanus, iv/?«r ; but fomethiiig fimilar was ufed long before .that time, Liv. ii. 20. not mentioned in Cssfar unlefs by the by, B G. i. 31. When a general, after having confulted the aufpices, had tletermined to lead forth his troops ag.iinfl the enemy, a red flag was difplayed, {yexillum vel ftgnum pugrio! propouehatur)^ on a fpcar from the top of the Pr,ttoylumy C-cf. de bell. G. ii. 20. Liv. xxii. 45. which v/as the fignal to prepare for bat- tle. Then having called an afll'mbly by the found of a trum- pet, {^claJficOi i. e. tuba condone advocata, Liv. iii. 62. vii. 36. vlii. 7. 32.) he harangued {alloqiiebatur) the foldiers, who ufu- ally fignified their approbation by lliouts, by raiung their right hands, //'. & Lucan. i. 386. or by beatirg )n their {hields witli their fpears. Silence was a mark of timidity, Lucan. ii. 596. This addrefs was fometimes made in the open field from a tribunal raifed of turf, {e irihunali cefpit'itio aut viridi cefplte ex- iructo)y Tacit. Ann. i. 18. Plin. Paneg, 56. Stat. Silv. v. 2. 144. A genei-al always addreflcd his troops by the title of ?;;/- lites : Kence Cxfar greatly mortified the foldiers of the tenth Jeglon, when they demanded their difcharge, by calling them ^iirilei inflead o{ miliies. Die. xlii. 5:5. Suet. Casf. 70. After the harangue all the trumpets founded, (ftgna cane- hant), which was the fignal for marching, Lucan. ii. 597. At the fame time the foldiers called out 'To arms, (ad ar- ilA conclamatir.n cjl) The ftandards v/hich ftood fixed in the ground were pulled up, [convellehantur], Liv. iii. 5c. 54. vi. 28. Virg. JEn. xi. 19. If this was done eafily, it was reckon- ed a good omen ; if not, the contrary, Liv. xxii. 3. Cic, d'lv, i. 35. Val. Mux. \. 1. II. . lie an vii. 1 62. Hence, Aqirlx ^rodire uclcr.ieSy the eagles unwilling to move, Flor. ii. 6. D'to. xl. 18. The watch-word was given, (fignum datum ejl )y ei- ther viva voccy or by means of a tefjevay Cxf. de B. G. ii. 20. de B. Afric. 83. as other orders were communicated, Liv. V. 36 xxi. 14. In the mean time many of the foldiers made their teftameijts, [in procinBuy fee p ^7.) Gc'.l. xv. 27. When the army was advanced near the enemy {intra ieli conjeclumy unde a fcreniariis pnslium committi p-:J]ct)y the gene- ral riding round the ranks again exhorted them to courage, and Order of Battle, ^c. ' j8? and then gave the fignal to engage. Upon v/hich a!l the trum- pets founded, and liie foldiers rulhed toiward to the charge with a great fhout, [inaxlmo clnmore pr'jcurrebant cumfignis vel fills infcjhs^ 1. e. in hojtem vcrfis vei divcElis )y ballult. Cat. 6o. Csf. 13. Civ. iii. 92. Liv. VI. 8. &c. Dio. xxxvi. 32. which tliey did to animate one anoiher and intimidate the enemy, 'C and javelins, Sitat. Sih. v. i. 92. Martial, vii. 5. 6. Plin. xv. 30. He immediately feitt letters wrapped round with laurel {lliera: lauveaUz) to the fcnate, to inform them of his i'uccefs, to which Ovid alludes, A-mcr. i. 1 1. 25. and if the vi£lory was I cor-fiderable, to demand a triumph Liv. xlv. i. Cic. Pif. 17. Att. V. 20. Fam. ii. 10. Appian. b. Mithrid. p. 223. to which Perfius alludes, vi. 43. ihefe kind of letters were feldoral fent under the emperors, Dio. liv. 1 1 . Tacit. Agric. 1 8. If I thefenate approved, they decreed a thankfgiving {JuppUcatio^ vm Jupplidum^ vel gratulatioyClc. Marcelh 4. Fam. ii. 18.) to the] gods, and confirmed to the general the title of ImperatorA which he retained till his triumph or return to the city, Cic,\ Phil. xiv. 3, 4, 5. In the mean time his li6lors having they^/^«'/j wreathed with laurel attended him. '\db. V. MIL I TART REWARDS. 1 ter a victory the general alTembled his troops, and inl prcfence of the whole army bellowed rcM^ards on tliofe v/ho~dci%rved them. Thefe were of various kinds. ..i The higheft reward was the civic crown, (CORONAI CIViCA), given to him who had'faved the life of a citizen,! Gi'lJ. V. 6. Liv. vi- 2 0. X. 46. with this infcription, ob civemI Servatum, ve^ -esy -tos, Senec. clem> i. 26. made of oak-leaveM {efronde qiicruay hence called ^lercus civilise Virg. JF.n. vi 772.) and by the appointment of the general prefented by perfoi Military Rewards. 38^ perfon who had been faved to his preferver, whom he ever after refpedled as a parent, Cic. Plane. 30. Under the emptrors it was always beftowed by the prince {jmperatoria uianu)^ Ta- cit. Ann. iii. 21. xv. 12. It was attended with particular ho- nours. The perfon who received it wore it at the fpeclacies, and fat next the fenate. Wiien he entered, the audience rofe up, as a mark of refpe£l, [hieunti etiam ahfenatu ajfurgctatur^y Piin. xxi. 4. Amon"^ the honours decreed to Auguftus by the fenate was this, that a civic croivn fliouid be fufpc.ded from the top of his houfe, between two laurel branches, which were fet up in the vertibule before the gate, as i ' he were the perpetual preferver of his citizens, and the conque- ror of his enemies, Dio. liii. 16. Val. Max. ii 8. Jin. G id. FaJiA. 614. iv. 953. Triji.'nx. 1.35- — 48. So Claudius, 5;-^/. 17. hence, in fome of tlie coins of Auguftus, there is a civic crown, with thefe words infcribed, ob gives servatos. To the perfon who firft mounted the rampart, or entered, the camp of the enemy, was given by the general a golden crown, called Corona Vallaris vel CastRensis, Val. Max. i. 8. To him who firft fcaled the walls of a city in an afl'ault. Corona Muralis, Liv. xxvi. 48. who firft boarded the ihip of an enemy, Corona Navalis, Fejkis^ Gell. v. 6. Auguftus gave to Agrippa, after defeating Sextus Pom- peius in a fea-fight near Sicily, a golden crown, adorned with figures of the beaks of {hips, hence called Rostrata, Virg. viii. 684. faid to have been never given to any other perfon, Liv. Epit. 129. Paterc. ii. 81. Dio. xlix. 14. but according to Feftus in voc. Navali, aftd Pliny, vii. 30. xvi. 4. it was alfo given to M. Varro in the war againft the pirates by Pompey j but they feem to confound the corcna rojirata and navalis^ which others make different. So alfo ^uet. Claud. 17. "When an army was freed from a blockade, the foldiers gave to their deliverer [ei duci, qui Uberavit, Gell. v. 6.) a crown made of the grafs which grew in the place where they had been blocked up; hence called graminea corona OBSIDIONALIS, Liv. vii, 37. Plin. xxii. 4. 5. This of all military honours was efteemed the greateft. A few, who had the fingular good fortune to obtain it, are recounted, /3. 5. & 6. Golden crowns were alfo given to officers and foldiers who had difplayed fingular bravery •, as to T. Manlius Tor- quatus, and M. Valerius Corvus, who each of them flew a Gaul in fingle combat, Liv. vii. 10. 26. to P. Decius, who preferved the Roman army from being furrounded by the Samnites, Id. 37. and to others, x. 44. xxvi, a I. xxx. K- 3 C there ROMAN ANTIQJJITIES. There were fmaller rewards [prttmla w/wora) of various kinds j as, a fpear without any iron on it, (Hasta pura), Virg. JEti. vi, 760. ^uct. Claud. 28. — a fla;: or banner, i, e. a ftrcamer on the end of a lance or fpear (VEXILLUM, qunfi parviim nielumy Serv. in Virg. J^n. viii. i .) of different colours, with or without embroidery^ fauraiuvj vc\ pjin/njjy Sail. Jug. 85- Suet. Aug. 25. — Trappings, (PHALERyE), ornaments for liorfe'^, f^it'g. ^n. v. 310. Liv. xxii. 52. and for men, Liv, ix. 46. Cic.j^tt.xv'i.i-j. Firr. iii. 80. iv. 12. — Golden chains, (y^wrr^f TORQUES), Tacit. Aunnl. ii. 9. iii. 21. JuvennL xvi. 60. which went roujid the neck, whei'eas the Pkaloa: hung tiown on thebreall, 67/. Ital.w. ^2. — Bracelets, (ARMILL^), ornaments for the arms, Li-j. x.44. — Cornicula, ornaments for the helmet in the form of horns, Bid. — CATELLvE vel CaitnuU, chains compofed of rings j whereas the Torques ^srcre t%vifi:ed [tcrtt?) like a rope, Liv. xxxix. 31. — FIBUL-^, clafps, or buckles tor faftening a belt or garment, //'/./. Thefe prcfents were conferred by the general in prc;fcnce of the army; and fuch as received them, after being publicly praifed, were placed next him, Sal. Jug. 54. Liv. xxiv. ; 6. Cic. Phil. V. 13. 17. They ever after kept them with great care, and wore them at the fpetlacles and on all public occa- fions, Liv. X. 47. They hrit wore them at the games, A. U. 459. lb. The fpolls (SPOLIA, vel Exuvia) taken from the enemy, were fixed up on their door-pofls, or in the moft confpicuous part of their houfes, Firg. JEn. ii. 504. Liv. xxiii. 23. When the general of the Romans flew the general of the enemy in fmgle combat, the fpoiis which he took from him, i^qua dux duci detraxit), were called SPOLIA OiT^MA, (ab Ope vel opibusy Feftus), Liv. 4. 20. and hung up in the temple of Jupiter Feretrius, built by Romulus, and repaired by Au- guilus, by the advice of Attlcus, Nep. in vit. 20. Thcfe fpoiis were obtained only thrice before the fall of the republic ; the iirft by Romulus, who flew Acron king of tiie CaeninLnfes, Liv. i. 10. the next by A. Cornelius Coflus, who flnw Lar Tolumnius king of the Vejentcs, A. U. 318. Liv. ly. 20. and the third by M. Claudius Marcellus, who (lew Viridomarus king of the Gauls, A. U. 530, Liv. Epit. xx. Virg. JEn. vi. 859. Phitarch. in Marceilo ; Properi.'w. 1 1. Florus calls the fpoiis Opima, which Scipio JEmilianus, when in a fubordinatc rvr.ik, took from the king of the Twr- //«/;■ and Fc.v-r/in Spain, whom he fie. "^ Gnglo. combat, ii. 17. but the Spo:ia Opima could prnpern ' aly by a per- fon invefteci with fupreme comj. Sometimes A Triumph. gSy Sometimes fcldiers, on- accouiU of their bravery, received a -ilouble (hare of corn, (duplex frumentum)^ which they might 5ive a-.vay to whom they pie a fed -, heace culled DUi''LlC A- RII, jL/'-y. ii. 59. vii. 37. \\\{o <\onh\e lall triumph celebrated at Rome, was by Diocletian and Maximian, 20 Nov, K. D. 303. Eutr:p. ix. 27. jufl before they reugned the empire, lb. 2Z. T VII. MILITART PUNISHMENTS. riESE were of various kinds, either lighter or more fe- _ vcre. The lighter punifliments, or fuch as were attended v/ith in- convenience, ]ofs,'or difgrace, were chiefiy thefe, r. Depriva- tion of pay, either in whole or in part, fjlipttidio privari), Liv.- xl. 41. the punifnment of thofe who were often abfent from their ftandards, (Infreqj.'ENTES, Plant. True. n. i. 19.) A foldier punifhed in this manner was called j^re dirutus, Fejhis. Whence Cicero facetioufly applies this name to a per- fon deprived of his fortune at play, Vert: v. 13. or a bankrupt by any other means, Phil. xiii. 12. 2. Forfeiture of their fpears, Censio Hastaria, Fefttis. 3. Removal from their tent, (Jccum in quo tendireut mtitare^) Liv. xxv. 6. fometimes to remain without the camp and without tents, Liv. x. 4. or at a diftance from the winter-quarters, Liv. xxvi. i . Vol. Max. \\. 7. 15. 4. Not to recline or fit at meals with the reft, {cibnm ftantes capere)^ Liv. xxiv. 16. 5. To ftand before the prdtorium'in a loofe jacket, Suet. Aug. 24. Val. Max. ii. 7. 9. and the centurions without their girdle, [difcincli), Liv. xxvii. 13. or to dig in that drefs, Plut. in Lucull. 6. To get an allowance of barley inllead of wheat, [hcrdeo pafci)y Liv. ibid. Suet. Aug. 24. 7. Degradation of rank j {gradus dejeEiio) \ an exchange into an Inferior corps or lefs honourable fervice, {militia: mutcitio), Val. Max. ibid. 8. 'lobe remov- ed from the camp, [a caitris fegregari), and employed in various ■works, Vcget. ill. 4. an Impofition of labour, mtinerum indiBic^ \ or difmifTion with difgrace, [ignominose mitti), Hirt. de bell. Afr. 54. vel EXAUCTORATio, PUn. Ep. vi. 31. A. Gellius , mentions a fingular punilliment, namely, of letting blood, (Jangtimein m^ttetidi)^ x. 8. Sometimes a whole legion was deprived of its name, as that called Augusta, Die. :iv. ii. The more fevere punifhments were, i. To be beat -n with rods, {virgis cadi), or v.'ith a vine-fapUng, {vitt), Val. Max. ii. 7- 39^ ROMAN ANTIQUITIES. 7. 4. Juvenal, viii. 247. a {lave, Liv. Epit. 55. — 2. To be fcourged and fold a5 -3. To be beaten to death with flicks, called FUSTUARIUM, the baftinado, Liv. v. 6. Cic. Phil. iii. 6. Pol\b. vi. 35. which was the ufual punifluncnt of theft, defertion, perjury, &c. When a foldier was to futi'er this punifliment, the tribune firft (truck him gently with a ItafF, on which lignal all tiie foldiers of the legion fell upon him with (ticks and (tones, and generally killed him on the fpot. If he made his efcape, for he might fly, he could not however return to his native country, becaufe no one, not e- ven his relations, durft admit him into their houfes, Polyb. ibid. 4. To be overwhelmed with (tones {lapidibus e'dope- riri) and hurdles, (fiib crate necnri), Liv. i. 51. iv. 50. 5. To be beheaded, (fecttri percuti)^ Liv. ii. 59. xxviii, 29. Epit. XV. fometimes cruci(ied, Liv. xxx. 43. and to be left unbu- ried, Val. Alax. ii. 7, 15. 6. To be (tabbed by the fwords of the foldiers, Tacit. Annal. \. 44. and under the emperors, to be expofed to wild bealts, or to be burnt alive, &c. Punilhments were inflicted by the legionary tribunes and prcefefts of the allies, with their council \ or by the general, from whom there was no appeal, Polyb. vi. 35. Wlien a number had been guilty of the fame crime, as in the cafe of a mutiny, every tenth man was chofen by lot for punifliment, which was called DECIMATIO, Liv. ii. 59. Cic. Clvent. 46. ^uet. Aug. 24. Galb. 12. Tacit. Hiji. i. 37. Plu- tarch, in Crafs. Dio. xli. 35. xlvlii. 42. xlix. 27. & 38. or the molt culpable were fele£ted, Liv. xxviii. 29. Sometimes on-, ly the 20th man was punilhed vicesimatio; or the looth, CEXTESiMATio, CapJtcHn. in MacriiJy 12. Vm. MiLlTART PAT and DISCHARGE. T HE Roman Soldiers at (ir(t received no pay (Jlipendium) from the public. Every one ferved at his own char- .ges Pay was firft granted to the foot, A.'U. 347, Liv. Iv. 59.1 and three years after, during the fiege of Veji, to the horfe, Id. V. 7. I It \vas in the time of the republic very inconfiderabje ; two oholi or three ajfes (about 2|d. Englifli), a-day to a foot foldi-j er, Military Pay, Isfc. 393 ,cf, the double to a centurion, and the triple to an eques, Po- lyb.v\- 37. flaut. MoJi.W- i. lO. Liv.v. 12. Julius Csfar doubled it, Suet. Jul. 26. Under Auguftus it was ten ^Jes, (7-5d.), Siat. ^iig' 49' 'Tacit. /Inn. i. 17. and Domiti.m in- creafed it Hill more, by ad, ling three gold pieces annually. Suet. Domit. 7. What was the pay of the tribunes is uncer- tain ; but it appears to have been confiderabie, Juvenal, ii'. 132. The prstorian cohorts had double the pay of the com- mon foidiers, Dk. liv. 25. Tciat. ib. Befides pay, each foldier was furniihed with cloaths, and received a certain allowance [dimen^um) of corn, commonly four bufliels a month, the ceiirunons double, aJid the equites- triple, Fdyb. vi. 37. But for th.^fe things a part of their pay was deducted, Tacit, j^nnal.'i Ij. Pily^. ih. The allies received the fame quantity i^f corn, except that . the horfe only received double of the foot. The allies were clothed and paid by their own ftates, Pc'\b. ibid. Anciently there were no cooks permitted :ii the Roman ar- my. The foidiers drefled their v,vn victuals. They took food twice a-day, at dinner and fupper. A fignal was publicly gi- ven for both. The dinner was a very flight meal, which they commonlv took Handing. They indulged themfelves a little more at iupper. The ordinary drink of (oldiera, as of flaves, was water mixed with vinegar, called Posca, Plaut. Mil. iiL .,2. 23. , When the foidiers had ferved out their time, ( ftipendia legl" iima feci£eut vel meruijfent)^ the foQt twen*-y years, and the horfe ten, they were called Emeriti, Lucnn. i. 344. and ob- tained their difcharge. This was cdlcd MLSSIO HONESTA vel JUS TA. When a foldier was difcharged for fome defedl or bad health, it was called Mi^[fio Causaria ; if from the fa- vour of the general he was difcharged before the juft time, Miffio GRATiosA, Liv. xliii. 14. on account of fome fault, iG- KOMINIOSA, Hirt. de be.'l. Jfr. 54. D. de re milit. /. 13 Auguftus introduced a new kind of difcharge, called Ex- Auctoratio, by which thofe wiio had ferved fixteen cam- paigns, were exempted from all military duty except fighting. They were however retained {tenebantur) in T:he army, not with the other foidiers under the ftandards, (fub ftgnis et a- quiiis\ but by themfelves under a flag, (fub vexiUo feorftm. Ta- cit. Annal. i. 36. whence they were called VEXILLARII or yeterani, fometimes alfo Subsignani, Tacit. Hijl. i. 70.) till they fliould receive a full difcharge and the rewards of their 3D fervice. 394 ROMAN ANTIQUITIES. fen'Ice, (prizima vel commcda militia J, either in lands or mo- ney, ori)Oth, Suet. ^iw^. 49. Cai. 44 Cic. Phil. ii. 40. V'irg, Eel. i. 71. ix. 2, — 5. H'rat. Sat. ii 6. 55 which fometimes. they never obtained, Taat. Atwal. i. 17. Suet. Tiber. 48. Dio. liv. 25. ExAi'CTORARF. is properly to free from the mi- litary oatli, to dijfband, Liv. viii. 34. xxv. 20. Suet Aug. 24. Vii. io» IX. METHOD of ATTJCKJNG and DEFEND^ 'iNG TOIVNS, '~t HE Romans attacked (cppugnahant) places either by a fud-i- ■* den aflault, or if that failed, (ft fubito impelu expugnare rion poterantji they tried to reduce them by a blockade, C^f, B. G. vii. 36. They firfl furrounded a town with their troops, {corona cin^ gehantf vel circmidapanty Liv vii. 27. xxiii. 44. xxiv. 2. v.ce- nia exercitu circumveneruni ^ Salluft. Jug 57.) and by their mil- five weapons endeavoured to clear the walls of defendants, (nudare mures defetiforibus, \t\ propug7iatoriius J. Then joining their fliields in the form of a tcjiudo or tortoife, {teftudine Jacia v.a5fa), Liv, xliv. 9. Dio. xlix. 30. to fecure themfelves from the darts of the enemy, they came up to the gates, (fucccder's portis)y and tried either to undermine (fubruere vel fuhjcdcrt) the walls, or to fcale them, Liv. x. 43. xxvi, 45. xxxiv. 39. xliv. 9. Ctif.B. G. ii. 0. Taeit. Hijh iii. 28. 31. SalluJ, J^g- 94- When a place could not be t^ken by florm, it was invefted, Liv. ii. 1 1 . Two hnes of fortifications or intrenchmcnts (^/z* cipitia munitnenia vel munitiones) were drawn around the place at fome diftance from one another, called tJie lines of contra- vallation and circumvallation •, the one againft the fallies of the tovvnfmen, and the other againft attacks from without, Liv. V. I. xxxviii. 4. Thefe lines were compofed of a ditch and a rampart,; ftrengthened with a parapet and battlements, {/erica et pinna:\\ and fometimes a folid wall of confiderable height and thicknefsj flanked with towers and forts at proper diftances round th whole. Ai Attack and Defence, tsfc. 395 At the foot of the parapet, or at its junftion with the ram- part, [ad commijfuras pluteorum atque aggens), there fometimes was a pallifade made of lari^e (lakes cut in the form of Hags horns ; hence called CERVI, to prevent the afcent of the ene- my. Before that, there were feveral rows of trunks of trees, or large branches (harpened at the ends, (praacutis cacumini' bus), called ».1PPI, fixed in trenches ffoj/ls) about five feet deep. In front of thefe were dug pits {fcrobes) of three feet deep, interfe(Sing one another in the form of a quincunxf thus, ftuck thick with ftrong {harp flakes, and coi'ered over with bulhcs to deceive the enemy, called LILIA. Before thefe, were placed up and down [omnibus locis dijjerebantur) fharp flakes about a foot long, (Tale^), fixed to the ground with iron hooks called Stimuli. In front of all thefe, Caefar at Altfta made a ditch twenty feet wide, 400 feet from the ram- part, which was fecured by two ditches, each fifteen feet broad, and as many deep ; one of them filled with water. But this was merely a blockade, without any approaches or attacks on the city, Caf. B. G. vii. 66, 67. . Between the lines were difpofed the army of the beliegers^ wlio were thus faid, Urbem obftdicne claudere vel cingere.^ to invefl. The camp was pitched in a convenient fituation to commu- .nicate with the lines. From the inner line was raifed a mount, (AGGER txjirue- ^a/«r) compofed of earth, wood, and hurdles, (crates), and ftone, v.-hich was gradually advanced {pro7novcbatur) towards the town, always increafing in height, till it equalled or over- topped the walls. The mount which Csfar raifed againfl ,-^- varicum or Bourges, was 333 feet broad, and 80 feet high, Caf. B. G. vii. 23. The ^gger or mount was fecured by towers confifling of different llorics, [iurres cotitabulat£), from which fhowers of darts and flones were difcharged on the townfmen by means of engines, {tormejitd)^ called CATAPULTit:, Balist-b, and .3 D 2 SCORFIONE^, 39^ ROMAN ANTIQtriTIES. ScoRPiONr.s, to defend the work and workmen, [cpus ei admi- niftros tiitari)^ Salluft. Jug. 76. Of thefe towers Crcfar is fup- pofed to have erected 1561 on his lines amund Alcfia, Ccif. d^ belL G. vii. 72. The labour and induftryof the Roman troops "were as remarkable as their courage. There were alfo moveable towers, (Turkf.s mobiles vel .AMBULATORI^), which werc pulhed forward {ndmovcbantur vel ndigehnniiir) and brought back {rcdticebantur) on wheels, fixed below {rctis fiihjeBis) on the infide of the planks, Caf. JB. G. ii. 31. V. 42. vii. 24. Hirt. de bell. Alex, 2. Liv. xxi. II. To prevent them from being fet on fire by the enemy, they were covered with raw hides {corn) and pieces of coarfe cloth and mattrefles, [centov.es vel cuicia)^ Csef. de bell. Civ. ii. 10. They were of an irpmenfe bulk, fometimes thirty, forty, or fifty foot fquare, and higher than the walls, or even than the towers of the city. "When they could be brought up to the walls, a place was feldom able to fiand out long, Liv xxi. 1 r, 34. xxxli. 17. xxxiii. 17. But the moft dreadful machine of all was the battering ram, (ARIES), a long beam, like the mad: of a {hip, and irmed at one end with iron in the form of a ram's head \ whence it had its name. It was fufpended by the middle with ropes or chains faflened to a beam that liy acrofs two polls, and hang- ing thus equally balanced, it was by a hundred men, more or lefs, (who were frequentlv changed), violently thruft forward, trate or overturn the works of the enemy, Ctsf. B. G. m. 2r. vii. 22. They withdrew the earth from the mount, [terrain ad fe introrfusfubtrahebant), ordeftrpyed the works by fires below, in the fame manner as the befiegers overturned the ^alis, C<^ ibid. Joftph. de Be'.l. Jud. nu 12. •,y.'-''' ^ Where they apprehended a breach would Bfe liiadeV thejr reared new walls behind, with a deep ditch before them. They employed various methods to weaken or elude the fores of the ram, and to defend themfelves againll the engines and darts of the befiegers, Lii). xlii. 63. But thefe, and every thmg elfe belonging to this fubjeft, will be bell underllood by reading the accounts preferved to us of ancient fieges, particularly of Syracufe by Marcellus, Z/V. xxiv. 33. of Am- bracia by Fulvius, Id. xxxviii. 4. of Alefia by Julius Caefar, de . (II. Gail. vii. of Marfeillesby his lieutenants, Caf. B. Civ. ii. and of jerufalem, by litus Vefpafian, Jofeph. de Bell. Jud When the Romans befieged a town, and thought themfelves nfure of raking it, they ufed folemnly {ccrio carmine) to call out of it (evocakti) the gods, under whofe protedlion the place yas fuppofed to be, Liv. v. 2 1 . Hence when Troy was tak- en. 398 ROMAN ANTI QJJITIES. erif the gods are fai4 to have left their (hrines, f^irg. JEn. li. 351. For this reafon, the Romans are laid to have kept fe-» cret their tutelary god, and the Latin name of the city, Flin. iii. 5. f. Q. xxviii. 2. f. 4. Macroh. iii. 9. The form of a funender we have, L v. i. 38. Plant Amph. i. I. 71. & 102. and the ufual manner of plundering a city when taken, Fol^h. x. 16. NxWAL AFFAIRS of the RO- MANS, ^TAyI CATION' at firft was very rude, and the conftrusElion ^ of velTels extremely fimple. TIj^ mod ancient nation;; Tifed boats made of trunks of trees hollowed, [ex Jitigulis arho- rihus cavaiis)i Virg. G. i. I 26, 262. Plin. xvl. 41. Liv. xxvi. 2(5. called Alvei, lintres, scaph.^, ijel monoxyla, Pa- ierc. ii. 107. Ovid, Fajl. ii. 407. Z,;^. i. 4. xxv. 3. Plin. vT. 23. Strab. in. 155. or compofed cf besims and plar.ks faflenr- cd together with cords or wooden pins, called RATES, Fejh/s\ or of reeds called Cann^, Juvenal, v. 89. or partly of flender planks, {carina ncfiatumi'-a. the keel and ribs, ex levi materia)^ and partly of wicker hurdles or balket-work, \rehquum corpus naviuiii viininibus contexttiin), anjd covered with hides, as thofe of t"he' ancient Britons, C^f. B. C. i. 54. Lucan. iv 131. and other nations, Htrodot. i. 194. Dio. xlviii. 18. hence called Navigia vn ILIA r9r/o rirrttW7/''//rt, Plin iv 16. vii. q6. and «e fhip in which they were placed. The firft fat in the higheft part oi the ffiip, next the ftern ; the fecond, in the middle ; and the laft in the loweft part, next the prow. Some think that there were as many oars belonging to each of thefe claffes of rowers, as the fliip was faid to have ranks or banks of oars : Others, that there were as many rowers to each oar, as the {hip is faid to have banks; and fome reckon the number of banks, by that of oars on each fide. In this manner they remove the difficulty of fuppofing eight or ten banks of oars above one another, and even forty ; for a fhip is faid by Plutarch and Athenseus, to have been built by Ptolemy Philopator which had that num- ber: So Pliri. vii. 56. But thefe opinions are involved in ftill more inextricable difficulties. Ships contrived for lightnefs and expedition {naves ACTU- ARI.^) had but one rank of oars on each fide, (fwiplke ordi' Naval Affairs, l^fc* 401 ve agebantur y (itirpu;^ Tacit. H'ljl. v. 23.) or at mod two, C^ ij. G'. V. I. Lucan. iii. 534. They were of different kinds, and called by various names } as, Celocesy i. e. naves celeres • vel curfonj:, Lembiy Phaseliy JilfoparoneSy Sec. Cic. et L'lv, But the mo{l remarkable of thefe were the naves LIBURN^, Horat. epod. i. I. a kind of light gallies ufcd by the Libitrniy a. people of Dalmatia addi£i:ed to piracy. To ihips of this kind Auguftus was in a great meafure indebted for his victory over Antony at A£lium, Dio. 1. 29. 32. Hence after that time thj name of naves LIIiURNvE was given to all light quick- fail- ing vefTels, and few fliips were built but of that coaltra£lion>< Veget.ix. 33. Ships were alfo denominated from the country to which they belonged, Caf. B. C. iii. 5. Cic. Verr. v. 33. and the vari- ous ufes to which they were applied ; as Naves Mercatori^, frumentaritty vinariay clearia ; Piscatori^, Z,iv. xxiii. i. yt\ letmticuli, fifhing-boats, Caf. B. C. ii. jp. Speculatort.'e: • tt exploraiorij", fpie-boats, Liv. xxx. 10. x>xxvi. 42. PiRATrcia \t\ pradatoriay Id. xxxiv. 32. 36. Hyppagog^, veJ Hyppagities, for carrj'ing horfes and their riders, Liv. xliv. 28. Gell. x. 25. Fejhis. Tabellari^, meflage -boats, Senec. Epijl. 77. Plant. Mil. Glcr. iv. I. 29- Vectori^ gravesque, transports and fhips of burden ; /Innothia privataquey built that or the former year for private ufe : Some read atmcnariay i. e. for carrying provifions, Ccff. B. G. v. 7. Each (hip had its long-boat join- ■ ed to it, ( cy7nbuli2 onerariis adhcerefcebant Jy Plin. Ep. 8. 20. A large Auatic fhip among the Greeks was called Cercurus, Plant. Merc. i. I. 86. Stick, ii. 2. 84. iii. I. 12. it is fuppofed from the ifland Corcyra ; but Pliny afcribes the invention of it to the Cyprians, vii. 56. ■ Gallies kept by princes and great men for amufement, were called by various names- ; Triremes cerat^e vel araia", luforia et cubiculata vel thalamegiy pleafure-boats or barges, Seticc. de ben. vii. 20.. Suet. Citf. ^i. privcsy i. e. propria et non meritori^y one's own, not hired, Horat. Ep. i. 1.92. fometimes of immenfe fize, Decercs -^(li decemremesy Suet. Cal. 37. Each fhip had a n.ime peculiar to itfelf infcribed or paint- ed on its prow, thus, Pris ns, Scylla, Centaurus, &c- Virg. JEn. v. 116. &c. called PARASEMON, its fign, Hero- dot, viii. 89. Liv. xxxvii. 29. or INSIGNE, Tacit. Ann. vi. 34. as its tutelary god (tutela vel tutelare numen) was on its ftern, -Ovid. Trijl. i. el. 3. v. 1 10. et el. 9. v. i. Herod, xvi. 112. Perf. vi. 30. Sil. Ital. xi^'. 411. 4^9. whence that part of the (liip was called TUTELA or Cantel^ and held facred by the mari- 3 E ners, 402 ROMAN ANTIQUITIES. ners, Lvcmt. iii. 5 1 c. Senec. Epijl. 76. Petron. c. 105. There (up- plications and treaties were made, Liv. xxx. 36. SiL Ita;. xiii, 76. In feme ftiips the tutela and xeifavyififiy were the fame, 6erv. ad Virgil. /En, v. iio. AB. Apojl. xxviii. 11. Ships Gt burden ufed to have a bafket fufpended on the top of their mafi: as their fign, {pfcfigno)^ hence they were called CoRBiTA, Fejins. Cic. An. xvi. 6. Plant. Poeti. iii. i. 4. & 40. There was an ornament in the flern, and fometimes 011 tlie prow, made of wood like the tail of a filh, called APLU8- TRE, vcl pliir. 'ia, from which was erc£ted a ftaif or pule with a ribbon or ftreamer {fi]fcia vel tania) on the top, juve^ nal X. I \6. Lvcan. iii. 671. The fl-'ip of the commaflder of a fleet {tiavis pratoria) was diftrngiiiOied by a red flag, [vextllian vel velum purpitreinn^) Tacit. Hift. V. 22. 1 lin. xix. \. Cxf. B. C. ii. 6. and by a light> JFlor. iv. b. / irg. jV.n. ii. 1^6. The chief parts of a (hip and its appendages were, CARI- NA, the keel or bottom •, Statumificiy the ribs, or pieces of lim>^ ber which ftrcngihened the fides ; PRORA, the prow or forepart, and PUPPIS, the flern or hind-part, ALVEUS, the belly or hold of the fiiip ; SENTINA, the pump, C, remained till it was pump- ed out, [donee per a-NTLIAM cxhauriretur)^ Cic. Fam. ix. i^. Sen. 6. Martial, ix. 19. 4. Suet. Tib, 51. or the hilge-nvater itfelf, Jimenal. vi. pp. properly called nautea, Plaut. AJin. V. 2. 44. Nonius. I. 25. In order to keep out the water, fliips were befmearcd with wax and pitch ; hence called CERAT.ii, Ovid. Her. v. 42. On the fides [latera] were holes [foramijtd) for the ours, (REMI, called alfo by the poets tonf,£, the broad part or end of them, pcdma \c\ pahnula), and feats [fedilia vel traijlra) for the rowers, (remiges). Each oar was tied to a piece of wood, [paxiUtis vel lignum ieres)^ called SCALME^S by thongs or firings, called S iRop- ri vdjlrt^ppi, Ifid. xix. 4. \\ex\cc fcalmus is put for a boat, Cic, Off iii. 14. Navicula dtiorum fcalmoruniy a boat of two oars, Cic. Or/it. ii 34. AEluarioy fc. navis, decern fcalmisi Id. Att. xvi. 3. ^uatiicr fcahnovum navis, Veil. ii. 43. The place Vv'herc the oars were put when the rowers were done working, was called Casteria, Plant. AJin. iii. i. 16. On the flern was the rudder, (GUBERNACULUM vel clavus)y and the pilot [gubernaior) who dire£led it. . Some Ihips had two rudders, one on each end, and two prows, (\ Naval Affairs, ^c. 403 .prows, fo that they might be moved either way without turn- ing, Tacit, Aruial. ii. 6. much uftd by the Gerinan^, Id. de AUr. G. 44. and on tliC Pontus Eitxlnus, or Black Scti, calicfl CAMAlljiE, Strab. xi, 496. becaufe in a I'weliing fea they were covered with boards like the vaulted roof of a houfe, (ra- r/frrtl , Tacit, hift. iii. 47. Gell. x. 25. hcucc Camaritcej the name of a people bor-rg. JEn. v. 829. Lucan. iii. 45. the place where it flood was called MoDi- us, Ilid. xix. 2. The Ihips of the ancients had only one maft. On the maft were fixed the fail-yards, (Antennae vel bra^ .chia)y and the fails (VELA) faftened by ropes, {fiines vel ru- dente). hniriktcre rudentes, to loofen all the cord ag.e ; pande- r.e vcfay to fpread the fails, Plin. Ep. viii. 4. The fails were iifually white, as being thought more lucky, Ovid. Her. ii. 11. Cutull. Ixiv. 225. Zee. •Sometimes coloured, Plin. xi.x. i.f. 5. The ends of the fail-yards were cr.lled CORNUA ; from which were fufpended two ropes c^led PEDES, braces, by pulling which towards the ftern, the fails were turned to the right or left. If the wind blew obliquely from the left, they pulled the rope on the right, and fo on the contrary : Hence faccrc pedcviy to trim or adjuft the fails, Virg. JEn. v. 830. Ob- Hqitat Uvo pede carbafa^ turns the fails fo as to catch the wind blowing from the right, Lucan. v. 428. fo obliquat finus in ve?i- iiwiy Virg. vEn. v. 16. Currere iitroque pede, to fail with a wind right a-itern, or blov/ing dire£lly from behind, CatuU. iv. 21. Ill ccntrarium natngare prcLitis pedibus, by tacking, Ptin. ii. ^j. f. 48. Intendere brachia veils, i. e. vela brachiis, to ftretch the fails, or to haul them out to tlie yard arms, P'it'g- jS'«. V. 829. Dare vela ventis, to fet fail, Virg. JEn. iv. t^i\6. So Velafacerey Cic. Verr. v. 34. or to make way, Virg. JEn.v. 281. Siibducere vela, to lower the fails, Sil. vi. 325. Mini/lrare velis vel -a, i. e nttendere, to manage, by drawing in and letting out t]\e oppofide braces, [addiicendo et remittendo \'t\ proferendo pedc.)^ Virg. -t'En. vi. 302. x. 210. Veils rerjiis, fc. ft ; i. c.jumma vi, mr.nibu: pcdibitfquey omnibus nervis, with might and main, Cic. ad ^ Fratr. ii. i^j. Tufc, iii. i j. Off", iij. 33. but in the lad paflage the beft copies have viris equifque ; 'iS, Phil. viii. 7. So remigio vehquCy Plant. Afin. i. 3. 5. who nuts naKalcn pedes for remiges et nautH) Me J), ii, 2. ult. 3 E 2 Th? 404 ROMAN ANTIQUITIES. . The top. fails were called SUPPARA velorinn^ Lucan. v. 429. or any appendage to the main-fail, ^tat. Sllv. iii. 2. 27. Seuec. ep. 77. Carina, puppis, and even t}'ahs, a beam, are often put by the poets for the whole fhip ; but never velum, as we \x{q fail for one (hip or many j thus, a fail, an hundred fail. The rigging and tackling of a fliip, its fails, fail-yards, oars, ropes, &c. were called Armaminta, Plaut. Merc. i. 62. Hence armn is put for the fails, coUigere arma juhet, i. e. vela contrahere, Virg. ^n. v. 150 and for the r}xd.d&r yfpoliata arinis^ i. e. clavo, vi. 353. ■ Ships of war, [tiaves long^e vel bellica:), and thefe only, had their prows armed with a (harp beak, (Rostrum, oftener plur. rostra), C^f. B. G. iii. 13. S/7. Itnl. xiv. 480. which ufujUy had three teeth or points, Virg. jEtt. v. 142. viii. 690. whence thefe fliips were called Rostratje, and becaufe the beak was covered with brafs, yErata, Caf. B. C. ii. 3. Horat. Od. ii. 16. 21. P////. xxxii. 1. Ships when about to engnge, had towers CTe£lcd on them, whence ftones and miirive weapons v/ere difcharged from en- gines, Caf. B. G. iii. 14. Flor. iv. 11. Flin. xxxii. i. Plutarch, in Ant. called PRoruGNACULA, Flor. ii. 2. Herat. Epcd. i. 2. henct turrita puppcs, Virg. ^En. viii. 693. Agrippa invented a kind of towers which vi^ere fuddenly raifed, Serv. in Virg. Towers ufed alfo to be erccled on fliips in fifges and at other times, Liv. xxiv. 34. Tacit. Ann. xv. 9. Sil. Ital. xiv. 418 Some fhips of war were all covered, [tecla vel conjlrat^^ xBTaypaxToc, qui£ Karxrpoyarxy tahilatayeXconJlrata habebant, decks); Others uncovered, [aperiity arpaxrei, v. -«), Cic. Att. v. 11. 12. vi. 8. & 1 2. except at the prow and flern, where thefe who fought .ftood, Liv. XXX. 43. xxxvi. 42.' dtf. pajfim. Cic. Verr.\. 34. The planks or platforms {tabnlata) on which the mariners fat or pafi'edfrom one part of the fliip to another, were called FORI, gang-ways {^ab eo quod incefjiis ferant), S,erv. ad Virg. JLn. iv. ^05. vi. 412. Cic. Sen. 6. and the helps to mount on board, Pontes vel Scal^, {trnfix^pai vel x\ifia.y.i(), Virg. jEn. x. 288. 6^4. 658. Stat. Silv. iii. 2. ^^. Some tahi fori for the deck, (iSTEGA, a, Plaut. Bacch. ii. 3. 44. Sticb. iii. 1. I a.) others for the feats. It is at lead certain they were both in the top of the fliip and below, 5/7. xiv. 425. Liican. m. 6^0. We alfo fmd /cf?^/, fmg. Gell. xvi. 19. The anchor, (ANCHORA), which moored or faftened {fundabat vel alHgabat) the fliips, was at firft of flone, fome- times of wood filled with lead, but afterwards of iron. It was thrown Naval Affairs, t^c. 405 thrown [jadehatur) from the prow, Virg. JEn. vl. ult. by a cable, and fixed in the ground while the fhip ftood at anchor, {^ad anchoram vel in anchora Jiabat), Cref. B. G. v. 10. and rai- fed {toUchatur vol vellebatur) when it failed, Id. iv. 23. fome- times the cable [anchoraJe vel atichora) was cut, [pracidebatur)y Liv. xxii. 19. Cic. Verr. v. 34. The yei.eti ufed iron chains inftead of ropes, Csf. B. G. iii. 13. The plummet for founding depths [ad altitudlnem maris eX" plorandam ) was called BOLIS or CatapirateSy Ifid. xix. 4. or MoLYBDis, 'Idisy as Gronovius reads, Stat. Silv. iii. 2. 30. The ropes by which a fhip was tied to land were called RE- TIN ACUL A, yirg. .En. iv. 580. or Or^, Liv. xxii. 19. xxviii. 36. or fimply Funes, Firg. JEn. iii. 639. 667. Hence Oram fslverey to fet fail, ^inclil. Ep. ad Tryph. \jf iv. 2. 4 1. The ancients had ropes for girding a fnip in a ftorm, Horat. Od. I. 14. ^cf. Apojl. xxvii. 17. which are ftiil ufed. They had alfo long poles, [contiy pertidr, 'fades vel trudes)^ to pufh it off rocks and fhoals, Virg. lEn. v. 208. Sand, or whatever was put in a (hip to keep it (leady, was qalled SABURRA, ballad, I/i;. xxxvii. 14. Virg.G.'w. 195. Ships were built {j:dijicabantur) of fir, [abies)y Virg. G, ii 68. alder, [ahius, Lucan. iii. 440. whence ai/iiy (hips, ib, ii. 427.) cedar, pine, and cyprefs, Fegei. iv. 34. by the Venetl of oak, [ex robore)y Csef. B. G. iii. 13. fometimes of green wood ; fo that a number of fliips were put on the flocks, I {.P^f^^'^^i completely equipped and launched, {j.nJlntEltx v. or- nata annat^ique in aqv.am dediiciajint)^ in forty-five days after the timber was cut down in the foreft, Liv. xxviii. 45. by Cxfar, at Aries, againft the people of Marfeilies, in thirty days, de Bell. Civ. i. 34. S^e Plirt. xvi. 39. / 74. There was a place at Rome beyond the Tiber where (hips lay and were built, called Navalia, plur. -ium^ the dock, Liv. iii. 26. viii. 14. xl. 51. As the Romans quickly built fleets, they as fpeedily man- ned them. Freedmen and flaves were employed as mariners or rowers, [natita vel remiges), who were alfo called Socii NAVALES, Liv. xxi. 49. 50. xxii. II. xxvi. 17. and ClassicIp xxvi. 48. Curt, iv, 3. 18. The citizens and allies were obli- ged to furnifti a certain number of thefe, according to their fortune, and fometimes to fupply them v/ith provifions and pay for a limited time, Liv. xxiv. 1 1. xxvi, 35. The legionary foldiers at firll ufed to fight at fea as well as ?n land. But when the Romans came to have regular and conkzat I 4o6 ROMAN ANTIQJJITIES. conftant fleets, there were a fcparate kind of foldiers ralfed for the marine fervicc, tnilites in clajjem fcripti)) Liv. xxii. 57. who were called CLASSIARIi, or Epibat^, Caf. paffim. Suet. Galb. I , . 'Tacit. Annnl. xv. 5 i, but this fervice was rec- koned lefs honourable than that of the legionary foldiers, ^uet. ibid. Liv. xxxli. 23. Tacit. HijL i. 87. fometinaes performed by manumitted flaves, Suet. Aug. 16. The rowers alio were occafionr.liy armed, i/t'. xxvi. 48. xxxvli. 16. The allies and conquered ilates wtre in after times bound to furnifn a certain number of (hips completely equipped and manned, Cic. Verr. v. 17. &G, L/^y. xxxvi. 43. xlii. 48. Some only ftores, arms, tackling, and men, xxviii. 45* Auguftus ftationed a fleet on the Tufcan fea at Mifenum^ where Agrippa made a fine harbour called Por.tus Julius, Suet. Aug. 16. by joining the Lz/i^r;/;^' lake, and the bcus Aver^ mis to the bay of Baj?e, (f"uis Bnjanus, Suet. Ner. r']- vdi laats Bnjamis^ Tacit. Ann. xiv, 4.) UIo. xlviii. 50. Virg. G» ii. 163. and another on tlie Hadriatic at Ravenna^ Suet. Aug. 49. Tacit. Ann iv. 5. Veget. iv. 31. and in other parts of I the empire, Tacit. Hijt. \. 58. ii. 83. iv. 79. alfo on rivers, as the Rhine and Danube, Tacit. Annul, xii. 30. Flor. iv. 12. 26. The admiral of the whole fleet Ts-as called Dux pr^.bectus^j at. Od. ii. \6. 3. and in the '. day-time by coafls and illands which they kn^w. In the Me- ; diterranean, to which navigation was then chiefly confined, I they could not be long out of the figlu of land. When over- i taken by a ftorm, the ufuai method was to drive their (hip? L on lliore, [in ierram agere vel ejicere^t ^J^d when the danger \ was over, to fet them atloat again by the Itrength of arms and i levers. In the ocean they only cruifed along the coaft. \ In feme fliips there were two pilots, /Elian, ix. 40. who had an affiiVant called PRORETA, Phut. Rud. iv. 3. 75. i. e. CvJ}::s (t tiiiela pyora:, who watched at the prow, Ovid. Met. ,iii. 617. He who had command over the rowers was called Horta- TOR and Pausarius, (xf^.tur*;;)) Plant. Merc. iv. 2. 4. Senec. \Epift. 56. Ovid. ibid, or PoRTiscuLus, Plaut. Ajm. iii. i. k. \ Fejius. which was alfo the name of the Itaff or mallet with i which he excited or retarded them, [celeufmata vel hortamenta idabatjy Plaut. Ajtn. iii. i. 15. Iftd. Orig. xix. 12. He did this i alfo with his voice in a muftcal tone, that the rowers might ■keep time in their motions, S,erv. ad Virg. lEn. iii. 128. Sil.v. ' . V.il. Flacc.'x. /if'jo. Mariial. III. tj. iv. 64. ^dnciil. i. lO. . . Stat. Tkeb. vi. 800. Afcon. in. Cic. divin. 17. Hence it is ! aifo applied to the commanders, Dio. L. 32. Thofe who hauled or pulled a rope, who raifed a weight, or the like, called iHELClARII, ufed likewife to animate one another with a ■ loud cry, Martial, ibid, hence Nautict/s clam:n-^ the cries or ihouts of tl:ie mariners, Virg. .^n.\\\. 128. v. 140. Lucan. ii. 688. Before a fleet (CI.ASSIS) fet out to fea, it was folemnly reviewed [luflrata eft) like an army. Cic. Phil. xii. 3. prayers v.Lre made and victims facrificed, Liv. xxix. 27. xxxvi. 42. Jppian. Bell. Civ. v. Virg. jEn. iii. I 18. v. 772. Sil. xvii. 48* ■ The aufpices were confulted, Val. Max. i. Hor. Epod x. i.xvi. 24. and if any unlucky omen happened, as a perfon fneezing on the left, or fwallows alighting on the (hips, &c. the voyage vas fufpended, Polyan.'nu 10. Frcntin.i, 12. The 408 ROMAN ANTIQJJITIES. The mariners when they fet fail or reached the harbour, decked the ftern with garlands, Virg. JEn. iv. 418. G. i. 303. There was great labour in launching [itt deducendo) the (hipsi Virg'JEn. iv. 397. for as the ancients feldom failed in winter, their Ihips during that time were drawn up ffubduBa) on land, Horat. Od. i. 4. 2. i^ irg. Mn, i. 555. and flood on the fnore^ Virg. JEn. '\\u 135. 277. ' .■ They were drawn to fea by ropes and levers, fvenihus)^ with rollers placed below, [cylwdris ligiufque tcreiibus et rotaa.4 dis fuyjecfis), called Palanges, vel -gee, Ccef. B. C. ii. 9. or Sctr* TUL^, Ibid. ill. 34. and according to fome, lapfus rotarum j but others more properly take this phrafe for rota labentesy wheelsj Virg. JEn ii. 236. Archimedes invented a wonderful machine for this purpofe,' called Helix, JSthen. v. Plutarch, in Marcell. — iS/7. Itai. xiv< 352- Sometimes {hips were conveyed for a confiderable fpace by land, Liv. xxy. 11. S/7. xii. 441. Suet.Cal. j^"], and for thadi purpofe they were fometimes fo made, that they might be taked* to pieces, C//r/. viii. 10. "Jujtin. xxxn. 3. a pra61ice itlll in ufe* Auguftus is faid to have tranfported fome ihips from the open fea to tb.e Ambracian gulf near Actium, on a kind of wall co» vered with the raw hides of oxen 5 Dio. L. 12. in like manner ovei" the Ifthmus of Corinth, Id^ LI. 5. Strah. viii. 335. So Trajan, from the Euphrates to the Tigris, Id. xlviii. 28. The fignal for embarking was given with the trumpet, Lttf can. ii. 690. They embarked (<:o^,'/?i'//^'^<7;//) in acertai:! ordeR the mariners fir ft, and then the foldiers, Lj-y. xxix. 25. xxiit 16. They alfo failed in a certain order, Virg. JEn. v. 835; the light veffels ufually foremoft, then the fleet or fhips of wai\ and after them the fhips of burden. But this order was often changed, Liv. pajfim. When they approached the place of their deftination, they were very attentive to the objedls they fird faw, in the fame manner as to omens at their departure, Virg. JEn. iii. 537, lAv. xxix. 27. XXX. 25. "When they reached the fliore, (terrain appulerunt), and landed ( expofuerunt ) the troops, prayers and facrificcs again were made, Liv. xxxvii. 14. 47. If the country was hoflile, and there was no proper har- bour, they made a naval camp, ( cnjlra navalia vel npntica) and tlrew up their fhips on land, ( fubducebant ) Liv. xxx. 9. lAi xxiii. 28. Csef. B. G. iv. 2 1 . They did fo, efpecially if they were! t< Naval Affairs, ^c. 409 to Winter there, Liv, xxxvi. 45. xxxviii. 8. But if they were to remain only for a Ihort time, the fleet was ftationed in fome convenient place, (ad anchor am Jlabat^ vel in Jiatione teneba- tur)y not far from land, Liv. xxxi. 23. xxxvii. 15. xxiv. 17. Csf. B. C. iii. 6. iv. 21. B. Aks. 25. Harbours (PORTUS) were moil ftrongly fortified, efpeci- ally at the entrance, {o.dltus vel iiitroiius ; o.f, ofliuniy veifau' ces), Virg. ^11. i. 404. Cic. et Liv. The two fides of which, .OT tht piersy were called CORNU A, C/V. ^^^. ix. 14. Lucan. ii. 615. 706. or BRACHIA, Plin. ep. vi. 31. Suet. Claud. 20. Liv. xxxi. 26. on the extremities were eredted bulwarks and -towers, Viiruv. v. 1 1 . There was ufually alfo a w::tch-tower, (Pharos, plur. -A), Ibid, with lights to diretl the courfe of fhips in the night-time, as at Alexandria in Egypt, Caf. B. C. iii. ult. Plin. xxxvi. 12. at Oflia and Ravenna, Ibid, at Capreae, Brundufium, and other places. Suet. Tib. 74. Cal. 46. Stat. Sy!v. iii. 5. ICO. A chain fometimes was drawn acrofs as a barrier or boom, [claujtru7n)y Frontin. Stratagem, i. 5. 6. Harbours were naturally formed at the mouths of rivers ; hence the name of Odtia at the mouth of the Tiber, Serv. ad Virg. .S//.V. 281. Liv. \. 33. xxvi. 19. Dionyf.xn. 45. Ovid ■callij the feven mouths of the Nile, feptem Portus, Her. xiv. 107. Amor. ii. 13. 10. Harbours made by art fm.tnu vel arte J were called CoTHO- NEs, vei -na, -crum, Serv. ad Virg. J^i\. i. 431. Feftus. Adjoining to the harbour were docks, (NAVALIA, ~ium), where the Ihips were laid up, (fubducla )y careened and refit- ted, [refecla)f Cic. Off. ii. 17. Liv. xxxvii. 10. Caf. B. C. ii. 3. 4. Firg. iv. 593. Ovid. Amor. ii. 9. 21. Fleets about to engage were arranged in a manner fimilar to armies on land. Certain (hips were placed in the centre, {me- dia acles), others in the right wing, [dextrumcornu)^ and others in the left •, fome as a referve, (fuhfidiumy navet fubfidiaria)^ Hirt. de Bell. Al. ic. Liv. xxxvii. 23. 29. xxxvi. 44. We find them fometimes difpofed in the form of a wedge, aj^r- cepiy and a circle, Poly;b. i. Polysn. iii. Thuc\d. ii. but moft fre- quently of a femicircle or half moon, Veget. iv. 45. iS/7. xiv. 370. Before the battle, facrifices and prayers w-ere made as on land ; the admiral failed round the fleet in a light galley, («a- vis acfuaria)y and exhorted the men. The foldiers and failors made ready (fe expediebant ) for ac- tion,; they furled the fails and adjufted the rigging; for chev never chofe to fight but in calm weather, Liv, xxvi. 39. 3 F A ttio ROMAN ANTIQUITIES. A red flag was difplayed from the admiral's fhip, as a iig- nal to engage. The trumpets In it and all the otlier fliips were founded. Si/, xiv. 372. and a Ihout raifed by all the crews, Lucafi. iii. 540. Dio. xlix. 9. The combatants endeavoured to, difable or fmk the fliips of the enemy, by fweeping off (deter gen do) the oars, or by ftriking them with their beaks, chiefly on the fides, Dio. L. 29. They grappled with them by means of certain machines called crows, (CORVI), iron hands or hooks, (ferrEjB manus), Lucan. iii. 635. drags or grappling irons, (harpagones, i. e. afferes ferreo unco prafi^i)^ &c. and fought as on land, Flor. ii. 2. Liv. xxvi. 39. XXX. 10. Csf. B. G. i. 52. Curt. iv. 9. Lucan. xi. 712. Z)/o. sxxix. 43. — xlix. i. 3. &c. They fomeiimes aifo employed fire-fhips, Hirt. B. Alex. 1 1 . or threw fire- brands, and pots full of coals and fulphur, witli various other combuftibles, Stuppca Jiaiuma manuy telijque volatile ferrum fpargitur^ Virg. yEu. viii. 694. which were fo fuccefsfuUy era- ployed by Augudus at the battle of Adlium, that moft of An- tony's fleet was thereby deftroyed. Bio. L. 29. 34, & 35. Hence Vix unafofpes uavis ah ignibus, Horat. od. i. 37. 13. In fieges they joined veflels together, and erected on them various engines, Curt. iv. 13. Liv. xxiv. 34. xxvi. 26. Caf. £. C. iii. 34. or funk veflels to block up thtir harbours, Ibid, et Liv. XXXV. 11. 14. The fliips of the vi£l:orious fleet, when they returned liome, had their prows decked with laurel, and refounded with tri- umphant mufic, Dio. LI. 5. The prizes diftributed after a vi»flory at fea were much the fame as on land. (See p. 385.) Alfo naval punlflimentb, pay, and provifions, &c. Liv. xxiii. 21. 48. The trading veflels of the ancients were in general much in- ferior in fize to thofe of tlie moderns. Cicero mentions a num- ber of fliips of burden, none of which was below 2coo ampho- ra, ( quarum minor nulla erat duum millium amphorian )■, i. e. a- bout fifty- fix ton, which he feems to have thought a large fliip, Cic. Farn. xii, 15. There were, however, fome fliips of enor- mous bulk. One built by Ptolemy is faid to have been 280 cubits, i. e. 420 feet long, and another 300 feet ; the ton- nage of the former 7182, and of the latter, 3197, Athen.tus. The fliip which brought from Egypt the great obelilk that fl:ood hi the Circus of the Vatican in the time of Caligula, befides the obeliflc iifclf, had 1 20,000 modii of lentes, lentiles, a kind of pulfe, for ballaft, about 1 138 ton, Plin, xvi, 40. / 76. CUSTOIMS ■ 'Ihe Roman Dres$. 411 CUSTOMS OF THE ROMANS. I. The ROMAN DRESS, 'T~'HE diflingulfliing part of the Roman drefs was the TOGA * or gown, as that of the Greeks was the Pallium, Suet. Aug, 98. and of the Gauls, Braccee, breeches, Suet. Jul. 80. Claud. 15. Plin. Epijl.ix. 1 1, whence the Romans were cal- . -d GENS TOG AT A, Virg. JEn. \. 286. Suet. Aug. 40. or TOGATI, Cic. Rofc. Am. 46. Ven: i. 29. ii. 62. Orat. i. 24. - i. I r. Snllujl. Jug. 21. Tacit. Hijl. ii. 2o. and the Greeks, or ;.i general thofe who were not Romans, PALLIATI, Suet. Caf. 4. 8. Cic.Rabir. Pcjl. 9. Phil. v. 5. and Gallia Cifalpinai when admitted into the right of citizens, was called Togata, Cic, Phil. viii. 9. Hence alfo Fahula: Togata et PalliatiV. See p. 354.) As the toga was the robe of peace, togati is often oppo- sed to annati J Liv. iii. 10. 50, iv. 10. Cic. Cxcin. 15. Off. i. 23. Pif. 3. and as it was chiefly worn in the city, {ibiy fc. rure, vulla Jiecejptas toga, Plin. ep. v. 6.) it is fometimes oppofed to RusTici, PUti. vi. 30. The Romans were particularly careful in foreign countries, always to appear dreffed in the toga, Cic. Rabir. 10. but this was not always done. Some wore the Greek drefs ; as Scipio in Sicily, Tac.Ann. ii. 59. So the Emperor Claudius at Naples, Dio. Ixvi. 6. The TOGA [a tegendo, quod corpus tcgat, Varro) was a loofe (la.\a) flowing (Jluitans) woollen robe, which covered the whole body, round and clofe at the bottom, [ab imo), but open at the top down to the girdle, [ad cinSluram), without fleeves ; fo that the right arm was at liberty, and the left fup- ported a part [lacituo, a flap or lappet) of the toga, which was drawn up ffubducebatur) and thrown back over the left fhoulder, and thus formed what was called SINUS, a fold or cavity up- on the breafl:, in which things miglit be carried, Plin. xv. : 8. Gcll. iv, 18. and with which the face or head might be co- 3 F 2 vercd, 411 ROMAN ANTIQJJITIES. vereJ, Suet. Jul. 82. Liv. vill. 9. Hence Fabius, tlieRomart ambaflador, when he denounced war m the feiiate of Carthage^ is laid to have poured out, ffmum eff^idijp;), Liv. xxi. 18. or Ihaken out the lap of his togn, ( excujpjfe togs grem'ium j^ Flor. ii. 6. Dionyfius fays the form of the toga was femicircuhr, iii. 61. The toga in latter times had fcveral folds, but anciently few or none, [yeterihus tiullifinus)., Quinclilian. xi. 3. Thele foldS ■when coUefled in a knot or centre, Virg. JRjii i. 324. were called UISIIjO, which if put for the toga itfelf, Perf. v. 33. When a perfon did any work, he tucked up ( fucc'ijigebat ) his tcgay and girded it {a/ii-ingcbat) round him : Hence Acciti" gere fe cperi vel ad cpus^ or oftener, in the pafiive arm;^'/', to prepare, to make ready. See p. 72 The tcga of the rich and ncbie, was finer and larger [laxior) than of the lefs wealthy, H'.rnt. Epod. iv. 8. ElriJ}. \. 18. 30. A new toga was called Pexa, when old and thread-bare;, tritot Id. Ep. t 95. Martial, ii. 44. 58. The Romans were at great pains to adjuft ( cotnponere ) the toga, that it might lit properly, [ne impar dijjlderet)^ and not draggle, {nee deflucrei)^ Herat. Sat. ii. 3. 77. i. 3. 31. Epifl. i. I. 9^. Quinftil. xi. 3. Macrob. Sat. ii. 9. The form of the toga was ditrerent at ditFerent times. The Romans at firfl had no other drefs, Gell. vii. 12. It was then ftrait [avEla) and clofe •, it covered the arms and came down to the feet, ^dnBil. lk:d. The toga was at f»rft worn by women as v/eli as men. But' afterwards matrons wore a different robe called STOLA, with a broad border or fringe (iimhr/s) called INSTITA, He- Tat. Sat. i. 2. 29. reaching to the feet, Ovid. Art. Am. i. 32. Tibull. i. 7. 74. (whence ivjlita is put for matrotia, Ovid. Art. Am. ii. 600.) and alfo, as fome fay, when they went abroad, a loofe outer robe thrown over the jlola like a furtout, a man- tle, or cloak, called PALLA or Feplus, Hot. ib. 99. But the old fcholiall on Horace mnkcspa//a here the fame with ififlitai and calls it Peripodiuin and Tuuicis pal'dum. Some think, that this fringe conflituted the only diftindlion between the Jhln and toga. It is certain, however, that the outer robe of a woman was called Palla, Vlrg. JEn. i. 648. xi. 576. {quod palam etfcrisgerehatur^ Varr. de Lat. ling. iv. 30.) Courtezans, and women condemned for adultery, were not permitted to wear the Jlola \ hence called Togat;e, Horat. Sat.i. 2- 82. Jtiven. ii. 7c. Martial, ii. 39. vi. 64. x. 52. Cic. Phil. 5r7v Roman Dress. 413 Phil. li. 18. and the modeftyof matrons is called Stolatus pti- (l.r, INIavt. i. 36 8. There was a fine robe of a circular form worn by women, filled Cyclas, -ad'is^ Juvenal, vi. 258. Suet.'Cal. 52. None but Roman citizens were permitted to wear the tog(}\ and baniihed perfoas wore prohibited the uff ot it, Pl'in. Epiji. \\-. 1 1. Hence toga is put for the dignity of a Rcirran, Horat. Od. iii. 5. 10. The colour of the toga wr.s white, and on feflivals they u- fucdlv had one newly cleaned, Ovid. TriJ}. v. 5. 7. hence they were faid Fcjlos albati celebrare^ Horat. Sat. ii. 2. 61. Candidates for offices wore a toga whitened by the fuller. Toga Candida. See p. 85. The t-jga in mourning was of a black or dark colour, TOGA PULLA vel atra \ hence thofe in mourning were called PuL- LATi, Zuet. Aug. 44. Juvenal, iii. 213. or Atrati, Cic. Vat. 1 z. But thofe were alfo called Pullati, who wore a great- coat [Ijct'rna) inftead of the toga^ Suet. Aug. 40. or a mean ragged drefs, Plin. Epij9.vn. 17. as the vulgar or poor people, [pt//!t^tus circuluSy \x\ turba pu/Iata)y Qu.inctil.ii. i2. vi. 4. The mourning robe of women was called RICINIUM, vel -NUS, vel RiCA, [quod pojl terguni rejiceretur)^ which covered the head and fhoulders, Cic. /egg. ii. 23. or Mavortes, -is, vel -TA, Serv. in Vifg. Mn. i. 268. Ifid. xix. 25. They feem to have had feveral of thefe above one another, that they might throw them into the funeral piles of their hufbands and friends. The Twelve Tables reftridled the number to three, Cic. Ibid. The Romans feldom or never appeared at a feail in mourn- ing, Cic. Vot. 12. nor at the public fpeclacles. Mart. iv. 2. nor at feftivals and facrifices, Ovid. Faji. i. 79. Horat. ii. 2. 60. Perf. ii. 40. At entertainments the more wealthy Romans laid afide the togay and put on a particular robe called Synthesis, Martial. V. 80. ii, 46. iv. 66. which they w^ore all the time of the 5^?- ftirnaliay becaufe then they were continually feafting. Mar- tial, xiv. r. 141. Senec. EpiJl. 18. Nero wore it {fyithestnaf fc. vejiis) in common. Suet. 51. Magiftrates and certain priefts wore a toga bordered with purple, (limbo purpurea circumdata), hence called TOGA PRjE TEXTA ; as the fuperior magiftrates, Cic. red. in Sen. 5. Li-ij. xxxiv. 7. Juvenal, x. 99. the PontificeSy the Augurs, Cic. &■.%■/. 69. the DECEUXmi /acris faciundiSf Liv. xxvii. 39^ &c. 414 ROMAN ANTIQJJITiES. ' ^'C. and even private perfons when they exhibited games, Cid pij: 4. Generals when they triumphed were nn embroidered toga. called ricTA vel palmata, Martini, vii. 2. 7. Young men, till they were feventeen years of age, and young women, tiil they were married, alfo wore a gown bor- dered with purple, TOGA PR^TEXTA, Liv. xxxiv. 7. Cis. Verr. i. 44. Cat. ii. 2. Prcpert. iv. 12. 33. whence tliev were called PRiETEXTATI, Liv. xxii. 57. Cic Muran. 5, Suet. Aug. 44. 94. Hence amlatia prctcxtata^ i. e. a teneris anniS) formed in youth, Martial, x. 20. But verba pratextata is put for ohfccetiay Suet. Vefp. 22. [quod Tiube?itibiiSi depofttis pr/ctcxtis^ a inidtitudine puerorum obfcceha clamarentw^ Festus\ Gell. ix. 10. Macrob. Sat. ii. I. and mores praiexiatiy for im- ptidici vzl corrupt! y Juvenal ii. 170. Under the emperors the toga was in a great meafure dif- ufed, unlefs by clients when they waited [cj^idum faciebant) on their patrons, Suet. Avg. 60. Martini, i. 109. ii. 57. x. 74. 3. SroliaJ}. in Jnveval. x. 45. and orators ; hence called Togatiy enrobed, Senec. de conjlnnt. 9. Tacit. Annnl. xi. 7. Boys likewife wore an hollow golden ball or bofs, (AUREA BULLA), which hung from the neck on the breaft ; as fome think in the fl:iape of a heart, to prompt them to wifdom ; ac- cording to others, rountl, witli the figure of a heart engraved on it, Cic. Verr. i. 58. ct Afcon. in he. Liv. xxvi. 36. Plant. Rud. iv. 4. 127. Alacrob. Sat. \. 6. The fons of freed men and poorer citizens ufed only a leathern bofs, {bulla fcorteat vel fgnum de pavpere loro\ Juvenal, v. 165. Plin. xxxiii. r. Bcflt;s were alfo ufcd as an ornament for belts or girdles, Virg. JE7-1. xii. 942. Young men ufually when they had completed the feven- ;|f^ teenth year of their age, laid afidc [por.cbaiit vel deponebaut) the- ' toga prttlextay and put on {fumebant \€i indvebani)\\xz iwz.wX'j gown, (TOGA VIRILIS), called Toga pura, Cic. Att. v. 20. jx. 19. bccaufe it was purely white \ and libera, Ovid. Trijf. iv. 10. 28. Fajl. ill. 777. becaufe they were then freed from the Tcflraint of mailers, and allowed greater liberty, Per/. V. 30. The ceremony of changing the toga was performed {toga nnitatntur, Hor. Od. i. 36. 9.) with great folemnity before the images of the Laresy Propert. iv. i. 132. to -whom the bulla : was confccrated, {laribtis donatn pepeudit), Perf. ibid, fome- tiraes in the Capitol, Vcd. Max. v. 4. 4. ov they immediately went Tie Roman Dress. 415 went thitlier, or to feme temple to pay their devotions to the gods, Suet. Claud. 2. The ufual time of the year for afluming the toga virilis was at the fealls of Bacchus in JSIarch, [Liberalibus, xii. Kal. Apr. Cic. Att. vi. I.) Ovid. Fail. iii. 771. Then the young man was condudled by his father or jirinci- pa! relation to the Forum^ accompanied by his friends, Ctc. .^Jtt. i>:. 22. Aug. 26. Suet. Net: 7. Til'. 54. (wlioie attend- ance was called Officium solekxe togjr virilis, Suei. Claud. 2. P!in. Epifl. i. 9.) and there recoirwnended to fome eminent orator, whom he liiould fludy to imitate, Cic. Am, I. Tacit. Or at. 34. v.'hence he was faid Forum attingere vel in '■rum veriirej when he began to attend to public bufmefs, •■,yeiifta Jlipendia aufpicabatur,) Senec. Controv. v. 6. Cic. •m. V. 8. xiii. ic. xv. 16. This was called Dies tog^ viriliSf Suet. Aug, 66. Cal. 15. Claud. 2. or Dies tirociniiy Suet. Tib. c_\. and the condudiing of one to the forum, TYROCINl- M, Id. Aug. 26. Cal. 10. the young men were called TIRO- isES, young or raw foldiers, becaufe then they firft began to fcrve inthe army, Cic. Phil. ii. 15. Fam. vii. 3. Suet. Ner. 7. L'lv. xl. 35. Hence Tiro is put for a learner or novice, Cic. Orr.t. I, 50. Ponere tirocinium^ to lay ande the characler of a learner, and give a proof of one's parts, to be paft liis novici- .4te, Liv. xlv. 37, When all the formalities of this day were finiihed, the friends and dependants of the family were invited to a feaft, ?.nd fmall prefents diftributed among them, called SPORTU- LiE, Plin. Ep. X. 117, 118. The emperors on that occafion ui'cd to give a largefs to the people, (CONGIARIUM, fo cal- '.Aixom covgiusy a meafure of liquids), Siiet. Tib. ^4. Tacit. JnucJ. iii. 29. Servius appointed, that thofe who affumed tlie toga virilis iliouid fend a certain coin to the temple of youth, Dionyf. iv. 15. Parents and guardians permitted young men to afi'ume [da- bant) the toga virilis i fooner or later than the age of feventeen, as ihey judged proper, Cic. Att. vi. 1. Suet. Aug. 8. Cal. 10. C/. 43. iVtT. 7. under the emperors, when they had completed the four- teenth year, Tacit. Ann. xii. 41, xiii. 15. Befoie this they were confidered as part of the family, (pars domus), afterwards of the (late, {rcipuldica)y Tacit, de Mor. Germ. 13. Young men of rank, after putting on the toga virilis^ com- monly lived in a feparate houfe from their parents, Suet. Tib, 35. Domit. 2. It was, however, cuftomary fur them, as a mark c?f modefty, during the firft whole year, to keep [cohibcre) their right 416 ROMAN ANTIQUITIES. tight arm within the toga^ Cic. Cccl. 5. and in their exercife^ in the Cafvpiu Martins never to expofe themfelves quite naked^ as men conie to maturity fometimes did, Ibid. Ihe ancient Romans had no other clothing but the iogay Gell. vii. 12. In imitation of whom, Cato ufed often to go drefied in this manner, and fometimes even to fit on the tribu' nal when prsetor, [caivpefiri fuh toga ciricfus), Afcon. in Cic, Val. IMax. iii. 6. 7. Hence Exigua toga Caionis^ Hor. Ep. i. 19. 13. hirta^ Lucan. ii. 386. becaule it was ftrait (nrcta) and coarfe, (crafja vel pinguis), Horat. Sat. i. 3. 15. Juvenal. ix. 28. MartiaL iv. 19. Nor did candidates for offices wear any thing but the toga. See p. 85. The Ron.ans afterwards wore below the too-a a white wool- len veft called XUNIC A, which came down a little below the kn'. es befoie, and to the middle of the legs behind, ^iln5iil. xi. 3. at firfl without fleeves. Tunics with fleeves, (Chiro- DOTjE vel tunica: manicata-), or reaching to the ancles, Jalares) were reckoned effeminate, Cic. Cat. ii. 10. Virg. JEn. ix. 616. Gcll.vn. 11. But under the emperon-> thefe cam^e to be ufed with fringes at the hands, {nd manus fitnbyiaia), from the ex- ample of Caefar, Suet. Jul. 45. longer or Ihorter according to fancy, Horat. Sat. \. 2. 25. Prop. iv. 2. 2". Thofe who wore them were faid to be Manuleati, Suet. Cal. 52 The tunic was faftened by a girdle or belt (CINGULUM, cinBuSy 'tiSy ZONA vel Balteus) about the waiil to keep it tight, wliich alfo fei'ved as a purfe {^pro marfupio vel crumena)^ in which they kept their money, Gell. xv. 1. Plaut. Alerc. v. 2. 84. Suet^ yit. \6. Horat. Ep. ii. 2. 40. hence incin£lus tunicam mercator, Ovid. Faft. v. 675. The purfe commonly hung from the Jieck, Plaut. True. iii. 2. 7. and was faid decoUaJfe, when it was taken off"; hence deccllaie, to deceive. Id. Cap. iii. 1.37. It was alfo thought ciTem-inate to appear abroad with the tu- nic Hackly or carelef&ly girded : Hence the faying of Sylla cont- cerning Caefar to the Optimatesy who interceded for his life, Ut male PRiFCINCTUM PUERUM CAVFRENT, Suet. Jul. 46. Dio. 43. 43. For this alfo Maecenas was blamed, Sctiec.E.p. 14, Hence cinhus. pracihcius :\nA fuccijiclus, are put for indieJlriuSf cxpeditus vel gnavusy diligent, aclive, clever, Horat. Sat. i. 5. 6. ii. 6. 107. becaufc they ufed to gird the tunic when at work, Id. Sat. ii. 8. 10. Ovid. Met. vi. 59. and DifcinSfus for inerSy ■niollisy igfiavus; thus, Difcif clus neposy a dilTolute fpendthrift, Hor. Epod. i. 3^. So Per/, iii. 31. DifcwBi Afriy Virg. ^n. viii. 724. effeminate, or fimpl) ;/;;^;W ; for the Africans did jiot ufe a girdle, M. iii. 216. Plant. Pctn. v. 2. 48. Th6 The Ro:\?AN Dress. 4x7 The Romans do not feem to have ufed the girdle 'at home • in private ; h.ence d'lfcinEli ludercy i. e. doini^ with their tu- :3 ungirt, Hsrat. Sat. ii. I. 7^. difcliiBjque in ctia natuSy form- ed for foft repofe, Ovid. Amcr. i. 9. 41. for they never wore the ijr^a. at home, but an undrefs, {yejiis domejiica, vel veliimentd)„ Suet. Aug. 73. Vit. 8. Gie. de Fin. ii. 24. Plin. ep. v. 6. f. Hence the toga and other tilings which they wore only abroad ".ere called FORENSIA, Suet. Au^. 73- CaL 17. or Vesti- Tus FORENSis, Cic. ibid, and Vestime^jta forensia, ColumeL xii. 45. 5. _ ; The tunic was worn by women as well as men ; but that of the former always came down to their feet, and covered their arms, Juvenal, vi. 445. They alio lifed girdles both be- fore and after marriage, Fejlusy in Ci:cgulum j Martial. xiv» 151. Ovid. Amor. i. 7. 46. The Romans do not feem to Iiave ufed a belt above the tcgd. But this point is ftrongly contelled. Young men v/hen tiicy aflumed the toga virilisy and women when they were married, received from their parents a tunic .wrought in a partkrular manner, called TUNICA RECTA, or Regilla, Fejlusy PUn. viii. 48. f. 74. The fenators had a broad Itripe of purple (or rather twa ftripes, y?j/^/. 2. 4. The Equitssy a narrow ftripe, Axgustus clavus. Veil. ii. 88. called alfo Pauper clavus, Stat. Sih.v. 2. 17. arBum lumen purpura^ lb. iv. 5. 42. See p. 7. cc 27. A ugu ft us granted to the fons of Senators the right of wear- Mig the latus clavusf after they aiTumed the toga virilisy and made them tribunes and prefects in tnc army ; hence called Tribum et Pr.^f cti Laticlavii, Suet. Aug. 38. Ner. 26. Domit. 10. The tribunes chofen from the Equitex were called Angusticlavii, Suet. Oth. 10. Galb. 10. They feem to have affumed the toga virilis and latus clavus on the f.;me day, Flin. ep. viii. 2"^. Generals in a triumph wore v/iih the toga pi 51 a rn tn bro- indon vel' ^iejles ByfCina^ fine linen. Girls wore a linen veit or fhift, called SuppARUM vgI -«j, Phut. Rud. i. 2. 91. Lucan. ii. 363. Fet tu.s. The Rom.ans in later ages vvore above the toga a kind of great- coat, called IjACERNA, Juvenal, ix. 2o. (^pen before and faf- tened with clafps or buckles, (FiBUL^, which were much tifed to fallen all the different parts of drefs, Virg. .^n. iv. 139. Oifid. Met. viii. 318. except the toga), efpecia'ly at the fpec- tacles. Martial, xiv. i ,> 7. to fcreen them from the weather, ■with a covering for the head and (houlderf , capitiiim^ o/.iod ca* pit peaus, Varr. L. L. iv. 30.) called LUCHLLUS, J;,venaL v\. 118. 329. Martial, xi. 99. They ufed to lay afide the /a-. cerna, when the emperor entered, Suet. Claud. 6. It was at firft ufed only in the army, Puterc. ii. 80. Ovid. Fajl, ii. 74^* prop. iii. 10. 7. but afterwards alfo in the city. ^ -During the civil wars, when tlie toga began to be difufed, tli-5 laccrna came to be worn in place of it, to fuch a degree, ■ that Aiiguftus one day feeing from his tribunal a number of ci- tizens in the alfenibly drefled in the lacema^ [pullati vel lacer<^ iiati), which was commonly of a dark colour. Martial, xiv. I 129. repeated with. indignation from Virgil, " Rcmanos rerum doniinos gcntemcjue togatam .'" JEn. i. 282. and gave orders to the cdilcs not to allow anyone to appear in iht forum or circui 3n that dref?, 5//*?/. yfig. 40. It wa? only ufed by the men, Schcliajl. in Juvenal, i. 62. and at fail was thought unbecom>- ing in the city, Cic. Phil. ii. 30. It was fometimes of various ' colours and texture, Juvenal, i. 27 ix. 28. Martial, ii. 19. Similar to the lacen.a was the LiENA, [x^ai^A, a Grecian robe or mantle thrown over the pallium, Serv. ad. Virg. ^n. ^' 262. Feftus, Martial, xii. -?6. xiv. 13. 136. . ' The The Roman Dress. 419 I The Romans had another kind of great coat or fartout, re- I fembling the lacernoy but Ihorter and llraiter, called PENULA, which was worn above the tunic. Suet. Ner. 48. having like- i Wife a hood, {caput \d capitium)^ Piin. xxiv. 15. uted chieily onjournies and in the army, Cu. Att, xili. 33. Alii. 10. :^ext, \ 38. Juv. V. 7^. Seme- ep. 87. N. ^ iv 6. alfo in the city, I Suet. Cal. 5 2. Lamprid. Alex. Sev. z'j. ibmetimes covered with a rough pile or hair for the fake of warmth, called GAUS AP4, fitig. et pint: v°l -e-y Petron. 28. Ovid. Art. Am. ii. 300. Perf. vL I 46. or GaufiipitKi panuloy Martial, vi. 59. xiv. 145. 147. of va- • rious colours, and common to men and women. Ibid, fome- I times made of fkins, Scortka, Fejhis, Martial, xiv- 130. I The military robe of the Romans was called SAGUxVl, aiv ; open woollen garment, which was drawn over the otlier clothes and faflened before with clafps, Suet. Aug. 26. Si!, xvii. 531. ' in dangerous conjunciures worn alfo in the city, by all except thofe of confular dignity, Cic. Phil. viii. 1 1 . as in the Italic war for two years, Liv. Eptt. 72. & 73. Paterc. ii. 16. Dijleti"^ toJogoimpofttuminfubHinejaBarefio tof& in a blanket, 5«^/. Oth. 2. Martial, i. 4. 7. . . ■ ' The Romans wore neither ftockings nor breeches, but ufed fometimes to wrap their legs and thighs with pieces of cloth, (FASCIiE, vel -iol^y fillets, bands, or rollers)^ named froni the parts which they covered, TIBIALIA, and FEMINALIA or Fejiioralia, I. e. tegumenta tibiatum et femorum, Suet. Aug. 82. fimilar to what are mentioned, Exod. xxviii. 4z. Levit. vi. , lo. xvi. 4. Ezek. xliv. 18. ufcd firlt, probably, by perfons in bad health, Cic. Brut 60. Horat. Sat. ii. 3. 255. ^tinc til. xi. 3. afterwards by the delicate and effeminate, Cic. Att. ii. 3. Har. refp. 21. Suet. /-lug. 82. who like wife had mufr flers to keep the throat and neck warm, called FOCALI A vel Focahy fing. {a faucibus), Horat. et ^lincl. ibid. Ivlartial. iv. 41. vi. 41. xiv. 142. ufed chiefly by orators, Ibid et Gell. xi. 9. Some ufed a handkerchief (SUDARIUM) for that pur-j pofe, Suet. Ner. 51. Women ufed ornaments round their leg[S, {prnamenta circa crura), called PERISCELIDES, Horat. Ep. i. 17. 56. ; '^The Romans had various coverings for the feet, [cslceamen'^ ia vel tegumenta pedum y Cic. Tufc. v. 32.), but chiefiy of two kinds. The one (CaLCEUS, vtoht^^^ a fhoe), covered the whole foot, fomewhat like our fhoes, and was tied above with a latchet or lace, a point or llring, (CORRIGIA, Lorum vel ]Ligula), Cic. de Divhi. ii. 40. Martial, ii. 29. 57. The pr 3 G 2 thejr 42© ROWAN ANTIQUITIES. ther (SOLEA, fxvSaKicv^ a flipper or fandal, qt/od folo pedU fubjiciatury Festus), covered only the fole of the foot, and was fallened en with leathern thongs or itrings, [iereiibus ha- betiis vel ohjingillts vinSin, Gell. xiii. 21. anient is y Plin. xxxiv. 6./. 1-4.) henee called ViNCi'L A, Ovid. Fd/i.'u. 224. Otthe latter kind tiiere were various forts ; Crepid^, vel -Di LjEy lb, Cic Rabtr. PeJI. 27 Horat. Sat. 1.3. 1 27. GALLIC^, Cic.Phil. ii. 30. GeU. xiii. 21. &c. and thofe who wore them were faid to ht dijrnkentiy (^avv:Toir,r9i'j^ pedibus intecliSy Tacit. Ann. ii. 59. The Greeks wore a kind of fhoes, called Ph^casia, Scnec, de bcmj\\n. 21 The cakei were always w6rn with the to^a when a perfon 'U'ent abroad, Cic. ibid. Plin. Epijl. vii. ■^.' Suet. Aug. 73. whence he put them off, [ccdceos et "vejVimenta mutavit)^ and put on. (itiduebat vel ifiducebat) flippers when he went on a journey, Cic. Alil. ic. ' Gahgula permitted thofe who chole, to wear flippers in thfe theatre, Dio.Yiy;. 7. as he himfelf did in public^ Suet. -^2. ....■•. "^Slippers ffolh) were ufed at feafts. Plant. Trtic. ii. 4. 13. Herat. Sat. ii. 8- 77. Ep. i. 13. 15. but they put them ofF ivhen about to eat, Marti. d. iii.- 50. It was efteemed effemi- nate- for -a man to appear in public in flippers, (jdeatus jy Cic. Har. R.cfp. 21. Verr. v. 33. Pif. 6. Liv. xxix. 19. Suet. Cal. 32. Wippers were worn by women in public, Plaut. True, Ii. 8. • The flioes of fenators came up to the middle of their legs, firi-at. Sdt: i. 6. 27. and had a gclJen or fiiver crel'ccnt (///;/4 Ttl tiVmda, i. e. hiera C) on the top of the foot, "Juvenal, vii. 192. hence the flioe is called Lunata pellisy Martial, i. 50 and the toot Inriata plcnta. Id if. 29. But this feems to have been peculiyrto Patrici.iri fenators, Sckoliajt. in Juvenal, hence it is called Patricia luna, Stat. Silv. v. 2. 28. • The fiioes of women were generally white, Ovid. Art. Am, iii. 271.' fometimes red, fcarlet, or purple, [rubriy midleiy et piirpmei), Perf. v. i6>;. Virg. Eel. vii. 32. JS.n. i. 341. yel- low, {/f/ffi' vc\ ieret)y C^tuM. lix. 9. &c. adorned with era- broidery and pe iris, particularly the upper leathers or upper parts, ( crepidtirum cbjlragula), Plin. ix. 35. f. 56. <■• Mens fnoes were generally black ; fome wore them fcarlet ^r'rcd. Martial, li. 2g. 8. as Julius Ccsfar, Dio. xliii. 43. and, fefpccially under the emperors, adorned with gold, filver, and precious flones, Plaut. Jiacch. ii. 3. 97. ^enec. ii. I2. Pli}u Hxiriii. 2. "■ They were fometimes tUrned up in the point in" f • - - , the T}:e Roman Dress. 421 &)& form of the letter f, called Calcei repandi^ Cic. de Nat. D. i. 30. The fenators are faid to have ufed four latchets to tie their (hoes, and plebeians only one, I/id. xix. 34. Senec. de Tran- quill. Anim. 2. The people of ancient Latium wore flioes of unwrought leather, {ex corio crudo), called PERUNES, l^irg. ^«. vii. 90/ as did alfo tlie Alarft, Hermci^ and FiejHni, who were likewifc' clothed in fkins, Juvenal. -xiiv.ig-^. ^c. It was long before they learned the ufe of tanned leather, (Alutje j ex alumine^ (of alum), quo pelles fub-.gebatituvy tit molhores Jierent)^ whiclt was made of various colours. Martial, ii. 29. vii. 34. The poor people fometimes wore wooden ihoes, (Joha lig- Aeis), which ufcd to be put on perfons condemned tor parri- jeide, Ak^. ad Here/in. i. li^. de Invent, ii. 50. - Similar to thefe were a kind of fhoes worn by country peo^ pie, called Sculponi:.^, Caio de re R. i;9. with which tliey fometimes ilruck one another in the face, [os batiiebant), Plaut. Gaf. ii. 8. 59. as courtezans uled to treat their lovers, [cotn-i mitigare Jauaalio caput)^ Terent. Eun. v. 8. 4. Thus Ompha-* le ufed Hercules, lb. Theflioes of the foldiers v.ere called Calig^, fometimes (liod with nails, {clavis fufixx), fcee p. 369. of the comedians, SOCCl, flippers, often put io\ folea j of the tragedians, Co-* THUKNi. See p. 356. • The Romans fometimes ufed focks or coverings for the feet, made of wool or goats hair, called UDONEb, Martial, xiv. 140. The Romans alfo had iron fnces (Sole^ ferret.) for mule& and horfes, not fixed to the hoof with nails as among us, but fitted to the foot, fo that they might be occafionally put on and off, Catull. xviii. 26. .:uet. Aer. 30, l^ejp. 23. Flin. xxxv. 11. f. 49. fometimes of filver or gv>ld ; [Popptta conjux Neronis dem licatioribusjumentisfuisjoleas ex aiiro quoque tnduere)y Id. xxxiii. II. f. 49. Dio. Ixii. 28. Some think that the ancients did not ufe gloves, {chirothecx vel maniiay But they are mentioned both by Greek and Ro- man writers, Hcmer. Odyjf. 24. Plin. ep. iii. 5. with fingers, {digitalia^ -tim.\ Varr. R. R. i. 55. and without themj what we call witlens. The ancient Romans went with their head bare, [capite a- perto)^ as we fee from ancient coins and ftatues, except at fa- 'cred rites, games, feilivals, on journey, and in war. fience, of 421 ROMAN ANTIQUITIES. of all the honours decreed to Caefar by the fenate, he is faid tO have been chiefly pleafed with that of always wearing a laurel crown, becaufe it covered his baldnefs. Suet. Jul. 45. which was reckoned a deformity among the Romans, Ovid. Art. Am. in. 250. Tacit. Annal. iv. 57. Suet.Domit. 18. Juvenal, iv. 38. as among the Jews, II. Kings^ ii. 23. . They ufed, however, in the city, as a fcreen from the heat or wind, to throw over their head tae lappet of their gown, (Jaciniam \c\ftntim toga in caput rejrcere)^ which they took off when they met any one to whom they were bounJ to {hew refpeft, as the confuls, &c. Plutarch, in tomp. et quajl. Ram. xc. See p. no. . The Romans veiled their heads at all facred rites but thofe of Saturn, Serv. in Virg. JEn. iii. 405. Liv, i. 26. in cafes of fudden and extreme danger, Plant. M'Jl. ii. 'i. 77. Petron. 7. $0, in grief or defpair, as when one was about to throw him- felf into a river or the like, Ho>at. Sat. ii. 3- 37- Liv. iv. 12. Thus Csefar, when afraflinated in the fenate houfe. Suet. Cccf. 82. Pompey, when flain in Egypt, Dio. xlii. 4. Craffu?, when defeated by the Parthians, Plutarsh, Appiu-, when he fled from the Forum, Liv. iii. 49. So criminals, when ex- ecuted, Liv.\. 26. Sil. xi. 259. At games and feftivals the Romans wore a woollen cap or tonnet,(PII.EUS,vel -?/»;), Korat.Ep. i. 13. 15. Martial. xi. 7. xiv. I. Suet. Aer. 57 Senec. Epift. 18. which was alfo wora by flaves, hence called pileatj, when made free, Liv. xxiv. 16. Plaut. Amph. i. 303. or fold, Gell. vii. 8. (See p. 35.) whence //A'wj is put for liberty, Suet. Tib. 4. Alartial. ii. 48. 4. like wife by the old and fickly, Ovid. Art. Am. i. 733. The Romans on journey uftd a round cap like a helmet, (GALERUS vel -t/w), Virg. ^n. vii. 688. or a broad brim- med hat, (Petasus), Suet. Aug- 82. Hence /)^/'rt/^z/z/j, prepar- ed for a journey, Cic. Fam. xv. 1 7. Caligula permitted the ufe of a hat fimilar to this in the theatre, as a fcreen from the heat. Dio. lix. 7. The women ufed to drefs their hair in the form of a hel- met or GaleruSy rr.ixing falfe hair [crines fMi vclfuppoftti) with it, Scholiajl. in Juvenal, vi. 120. So likewife warriors, ^/7. i. 404. who fometimes alfo ufed a cap of unwrought leather, (CUDO vel -on)^ Sil. viii. 494. xvi. 59. The head-drefs of women, as well as their other attire, was ditFerem at different periods At firfl: it was very fimple. They ftldQHj went abroad 5 and when they did, they almo/l always The Roman Dress. 42j always had their faces veiled. But when riches and luxury increafed, drsfs became with many the chief object of atten- tion ; hence a woman's toilet and ornaments were called MUNDUS MULIEBRIS, her world, Liv. xxxiv. 7. They anointed their hair with the richeft perfumes, Ovid. Met. V. 5 ^. libull. iii. 4. 28. and fometimes punted it, Tib. i. p. 43. Ovid. Art. Am. iii. 163. [comavi rutilahaut vel incendt" batitf) made it appear a bright yellow, with a certain compofi- tion or wafh, a lixivium or ley ; {lixivo vel ~vdj ci»ere\c\ cinere lixivi y Val. Max. ii. I. 5. Plin. xiv. 20. fptimd Batavti vel caujlicdi i. e. fapone, with foap, Martial, viii. 33. 20. xiv. 26.. Suet. Cal. 47. Plin. xxviii 12. f • 5 1 ) but never ufed powder, ■wliich is a very late invention j firft introduced in France a- bout the year !593. The Roman women frl2zled or curled their hair with hot irons, [calido ferro \q\ calami/iris vibrabant^ crifpahant^ vel intor- quebant)y Vir^. ^n. xii. 1 00. Cic. Brut. 75. hence coma cala^ miftrata, frizzled hair, Cic. Sext. 8. Homo ca/amiJiratuSy by way of contempt, Cic. pojl. red. iii Sen. 6. Plant. Aftn. iii- 3.37. and fometimes raifed it to a great height by rows and (lories of curls, Jitvenal. vi. 501. Hence Altum caliendrum, i. e. capillitiitm adtdterininn vel capillamentinny Suet. Cal. 1 1. in ga- leri vel galea modum fuggejlumy Tertull. de Cult. Fern. 7. the lofty pile of falfe hair, Hornt. Sat. i. 8. 48. fitggeJiiiSy vel 'iim eom£y as a building, Slat. Sjlv. i. 2. 114. Coma in gradus format tOy into ftories, 5//^/. Ner. 51. ^iinciil. xii. flexus cincififw- rum vel atimdorum, the turning of the locks or curls, jimbriet vel cirriy the extremities or ends of the curls, Cic. Pif. 1 1. Juvenal xiii. 165. The locks feem to have been fixed by hair pins J [crinales aciis), Propert. iii. 9. 53. Dio. li. 14. The Haves who affifted in frizzling and adjulting the hair, {in crine compcinendc),\\'tTQ called CINIFLONES or Cinerarii, Horat. Sat. i. 2. 98. who were in danger of puniOiment if a (in- gle lock was improperly placed, (ft iinus de toto peccaverat orbe comarum annuluS', incerta r.on bene jixus acu)y the whip (TaU- ETA, i. Q.Jiagrum v^lfcutica de pene taurino) was prefently ap- plii^d, Juvenal vi. 491. or the mirror, (Speculum), made of polifhtd br^fs or fteel, of tin or filver, Plin. xxxiv. 17. f. 48. was aimed at the head of the offender, Martial, ii. 66. A number of females attended, who did notinng but give direclions, Juvenal, ibid. Every woman of fafmon had at kaft one female hair- drelTer, (ornatrix), Ovid. Amor. \. 14. I6. ii. 7. 17. &23. The hair was adorned with gold, and pearls, and precious ftones, Ovid. Her.^s. 75. xxi. 89. MatuL y. 518. fometimes with 424 ROMAN ANTIQUITIES. with crowns or garlands and chaplets of flowers, (corona ei/er- ia)y Phut. Afin. iv. 1.58. bound with fillets or ribbons of va- rious colours, [crinales vittA\ti\fafcia:)y Ovid. Met. i. 477. iv. 6. The hcad-drefs and ribbons of matrons were different from thofc of virgins, Prcpert.'iv. 12. 34. Virg. JEn. ii. 168. Ribbons (VI 1 TyE) feem to have been peculiar to modeft wo- men ; hence Vitta: tenues^ inftgne pudoris^ Ovid. Art. Am. i. 31. Nil mihi cum viita, i e. cum muliere pudica et caJJay Id. Rem, Am. 386. and, joined with the Stola, were the badge of ma« trons, Id. Trijl. ii. ; hence F^t vcs, quis vitta longaque vejtis Of hejly i. e. impudica. Id. Fall. iv. 134. Immodell women ufed to cover their heads with mitres, (MiTRiE vel niitelLty) Juvenal, iii. 66. Scrv. in Virg. JEn. iv. 216. Cic.de. refp. Harufp. 21. Mitres were likewife worn by men, although efteemed ef- feminate, Cic. Rahif. Pojl. 10. and what was ftill more fo, coverings for the cheeks, tied with bands [rcdimicu'a- vel /igami' tia) under the chin, Virg. ibid, et ix. Ol<5. Propert. ii. 29. An embroidered net or caul {reticulum auratum) was ufed for inclofing the hair behind, Juvenal, ii. 96. called ves'ica from its thinnefs, Martial, vili. 33. 19. Wo^men ufed various, cofmetics, [medicnmlna vel lenocima)^ and wafhcs or wafli-balls (fmcgmata) to impro\^ their colour, Ovid. Met. Tac. 51. &c. Scnec. Helv. 16. They covered their face with a thick pafte, [muko pane vel teciorio), which tliey wore at home, Juvenal, vi. 460, 8i6lii, pu/iicea, Tyria vel Sarrana, Sidonioy AJJyriay Phoenicia ; Spartatiay Melibcea ; Getliluy Patia vel Punica, Sec. PURPLE, dyed with the juice of a kind of (heli-fifii, called purpura or MURix; found chiefly at Tyre in Afia j in Aleni/ix, -gis, an ifl.ind near the Syrtis Minora and on the Getulian fliore of the Atlantic ocean, in Africa ; in Lacomca, in Europe, Plin. ix. 36. f. 60. The moll valued purple refembled the colour of clotted blood, of a blackifh (hiniiig appearance; whence blood is called by Homer, purpureusy Piin. ix. 38. f. 62. Under I AugulluS the violet colour [violrcea purpura) came to be in re- quert J then the red [rubra Tarentina), and the Tyrian twice died, {Tyria dib-aphoy i. e. bis tififia), Piin. ix. 39. f. 63. Ho- fat. Od. ii. 16. 35. Ve/lis coccineay vel cocco ttn£lay fcarlet, , Martial, v. 24- alfo put for purple, Horat. Sat. vi. I02. & ; 106. MditenfiSy e gojfypio vCl xylo^ cotton, Cic. Verr. ii. 72. Plin. xix. 1. CoA, i. e. Serica vel bombycina et purpura^ fine ' filk and purple made in the ifland Cos or CooSy Horat. Od. iv. 13 13. Sat, i. 2. loi. Tib. ii. 4. 29. Juvenal, viii. loi. i Phrygiu^Uy vel ionay i. e. acu contexta et aureis fiVs decora^ I needle-work or embroidery, Plin. viii. 48. f. 74. Others read here Phryxianay and make it a coarfe fhaggy cloth, freeze, ' Oppofed to rafdy fmoothed, without hairs : VirgatUy ftriped, P^irg. JEti. viii, 660. Scutnlatay fpotted or figured, Juvenal. ii. 97 like a cobweb, [aranearum teld)y which Pliny calls . rete fcutu latum y xi. 24, Galbana vel -tnoy green or grafs-co- loured, Juvenal, ibid, [colcr herbarum)y Martial, v. 24. worn chiefly by women; hence Galbanatusy a man fo drefled, Id. iii, 82. 5. and Galbani vioresy effeminate, i. 97. Amethxjilfia, of a violet or wine-colour, Ibid. & ii. 57. xiv. 154. Juvenal, vii. 136. prohibited by Nero, Suet. 32. as the ufe of the vejlis csnchiliatd, a particular kind of purple, was by C?efar, except to certain perfons and ages, and on certain days, Suet. Jul. 43. Crocoiay a garment of a faffron colour, [crocet coloris), Cic. Refp. Har. 21. Sindotiy fine linen from Egypt and Tyre, Martial, ii. 16. Iv. 19 12. xi. 1. Fefiis atra \e\ pulla, black or iron gray, ufed in mourning, &c. 3 U 2 In 428 ROMAN .NTK^ITIES. In private and public mourning the Romans laid afide thcif ornaments, their gold and purple, Liv. ix. 7. xxxiv. 7. No ornament was more generally worn among the Romans than rings, (ANKULI). This cuftom feems to have been borrowed from the Sabines, Lif. i. 11. The fcnators and equites wore golden rir>gs, Liv. xxiii. 12. xxvl. 36. alio the legionary tribunes, ^ppiati. de Bell. Pur.lc. 63. Anciently none but the 'fenators and eqidies wefe allowed to wear gold rings, D'lo xlviii. 45. The plebeians wore iron rings, Sfai. SUzk iii. 2. 144. unlefs when prefentcd with a golden one for their bravery in war, C/r, Verr. lii. 8^0. or for any other defert, Suci. Jul. ig. Cic. Fam. X. 31. Alacrch. Sat. ii. 10. Under the emperors the riuht of wearing a golden ting wa& more liberally conferred, and often for frivolous reafons, I'lin. xxxiii. i* & 2. Suet. Galb. 14. Vitell^ii. Tacit. Hi ft. iv. 3. At laft it was granted by Jufti- TiViW to all citizens, NcveU. 78. Some were lo finical with re- fpedl to this piece of drefs, as to have lighter rings for fum- mer, and heavier for winter, Juvenat. i. 28. hence callec* SeweJJreSy Id. vii. 89. The ancient Romans ufually wore But one ring, on the left hand, on the finger next the leaft ; hence called digitus an- nularis, Gell. X. 10. Alacrcb. vii. 13. But in later tmies fome wore feveral rings, Horat. SrJ. ii. 7. 9. foir.e one or. each finger, Martial, v. 62. 5. or more, Id.v.it. xi. 6c which was always efleerned a mark of eft'eminacy. ■ Rings were laid afide at night, and when they bathed, Ibid Teretit. Henut. iv. i. 42. Ov\d. Amor. ii. fj. 23. alfoby fup- pliants, LzV. xliii. 16. Val. Max.\\\\. 1.3. and in mourning; Liv. ix. 7. Suet. Aug. loi. IJidor. xix. 31. The cafe [capj-ala] where rings were kept, was called Dac TYI.OTHECA, Martial. %\. 60. Rings were fet with precious ^or\cs {gemma) of varioi:^' J,inus •, asjafpcr, (Jafpis), fardonyx, adamant, &c. Afarfial.ii. 50 V. J I . on wliich were engraved the images of fome of their anceflors or friends, of a prince or great man, Cir. Cat iii 5. Fif!, v. I. Ovid. Tti/l. i. 6. 5. Flin. £p. x. 16. Suet. Tib. 5b'. Sever, de heft iii 26 or the reprefentation of fome iignal e- vent. Suet. Galb. x. or the like, Plin. xxxvii. r. Plant. Cure. iii. 50. Thus on Pompey's ring were engraved three trophies, D;;?. xlii. 18. : s emblems of his three triumphs, over the three parts of the world, Europe, Afia, and Africa, Cic. Sext. 61. Pis. 13. Balb. 4. (^ 6. Plin. vii. 26. On Csefar's ring, an armed Venus, Dio. xliii. 43. on that of Auguftus, firft a fphynx.. The Roman Dress. 429 fphynx, afterwards the image of Alexander the Great, and at lall his own, which the fucceeiiing emperors contmued to ufe, Piin. 37. 1. Suet. Aug. 50. Dio. li. 3. Nonius, a fenator, is faid to have been profcribed by Antony for tlie fake of a gem in his ring, worth 20,000 feflerces. Pit- . xxxui. 6. f. 21. Rings were ufed chiefly for fealing letters and papers, [ad tabubs cbfignaudasy Annulus siGnatorius), Alacrob. Sat. vii. 13. Liv. xxvii. 28. Tatit. ■^nna!. ii. 2. Martial, ix. 89. alfo cellars, chcfts, cntks, &c. Plaut. Caf. ii. i. i. Cic. Fam.xv'u 16, They were affixed to certain figns or fymbols, (fymboluf V. -/',) ufeid for tokens, like what we call Tallies , or Tally-JlickSf and given in contracls inllead of a bill or bond, Plaut. Bacch. ii. 3. 29. Pfeud. i. 1. 53.ii. 2. 53, iv. 7. 104. or for any Cign^ Ju/iin. ii. I 2. Rings ufed alfo to be given by thofe who agreed to club for an entertainment, {qui coteruntj ut de fymbolis ejfent., i.e. qui communi fumptu eratit una caenaiuri), to the perfon commi.f- ftoned to befpeak it, {qui ei rei prafeEius ej})^ Ter. Eun. iii. 4. i. Plaut. Stich. iii. i. 28. ^ 34. from fymbclay a fliot or reckon- ing ; hence fymbolam dare, to pay his reckoning, Ter. And. i. I. 61. Jfymbelus ad coenam venire, without paying, Id. Phorm. ii. 2. 25. Gell.\i. 13. Ihe Romans anciently called a ring "NGULUS, from unguis, a nail-, as the Greeks, J'aK»i'X'=f from ix>.rv\o^^ a finger : afterwards both called it fymbolus, v. -?;w, Plin. xxxiii. i. f. 4. When a perfon at the point of death delivered his ring to any one, it was efleemed a mark of particular affedlion. Curt. X. 5. Jujiin. xli. 15. VaJ. Max. vii. 88. Rings were ufually pulled off from the fingers of perfons dying, Suet. Tib. 83. Cal. 12. but they feem to have been fome- times put on again before the dead body was burnt. Prop. iv. 7.9. Rings were worn by women as well as men, both before and after marriage, Herat. Od. i, 9. 23. Ttrent. Hec. iv. i. 59. V. 3. 30. It feems any free woman might wear a golden one, Plaut. Caf. iii. 5. d},. and Ifulorus fays, all free men, xix. 32. contrary to other authors. A ring ufed to be given by a man to the wonian he was about to marry, as a pledge of their in- tended union, (Annulus pronubus), Juvenal, vi. 27. a plain iron one {ferreus fine gemma) according to Pliny, xxxi. r . But others make it of gold, Tertull. Apolog. 6. Ifsd. xix. 32. Thofe who triumphed alfo wore an iron ring, Plin. 33. i. f. 4. The ancient Romans, like other rude nations, fufiered their beard 430 ROMAN ANTIQUITIES. beards to.grdw, Liv. v. 41. (hence called barbaiitC'ic.MviT. 12^ Cael. 14. Fin. iv. 23. Juvenal, iv. 103. but barbntits is alfo put for a full grown man, Horat. Sat. i\. 3. 249. Jwuenal. x. 56. Martial, viii, 52.) till. about the year of thr city 454, one P. Ticinius Maenas or Maena brought b .vbers from Sicilv, and firft introduced the custom of fh iving at Rome, Plin. vii. 59. which continued to the time of Kadiian, who, to cover fome cxcrefcences on his chin, revived the cu't )m of letting the beard grow, Spartiafi. Adrian. 26. but that of thaving was foon after re fumed. The Romans ufually wore their hair fhort, and drefied it {c^farknty crinesy capilloSy comam vel comas, peclehant vel come- hant)y with great care, efpecially in later ages, when attention to this part of drcfs was carried to the ijrcateft excefs, Senec. de brev. vita:^ 12. Omtments and prefumes were ufed even in the army, Suet. Caf^ 67. When young men firft began to fhave, {cum barba refe5la eji^ Ovid. Trift, iv. iO. 58.) they were faid ponei-e barbamy Suet, Cal. 10. The day on which they did this was held as a fefti- val, and prel'ents were fent them by their friends, Juvenal, iii. 187. Martici. iii. 6. The bea'-d was (haven for the firft time fooner or later at pleafure : fometimes when the toga virilu was affunied, Suet. Cal. 10. but ufuully about the age of twenty-one, Macrcb. in Som. Scip. i. 6. Auguftus did not Ihiave till twenty-five, Dio. xlviii. 34. Hence young men with a long down [lanugo) were called Juvenes barbatuliy Cic. Att. i. 14. or bene barbati. Id. Cat. ii. 10. The firft growth of the beard {prima barba vel lanugo) was confecrated to fome god, Petron. 29. thus Nero confecrated his in a golden box, {pixide aurtd , fet with pearls, to Jupiter Capitolinus, Suet. Ner. 12. At the fame time the hair of the head was cut and confecrated alfo, ufually to Apollo, Alartial. i. 32. fometimes to Bacchus, Sfa/. T^^^. viii. 493. Till then they wore it uncut, either loofe, Herat. Od. ii. 5. 23. iii. 20. 13. iv. 10. 3. or bound behind in a knot, {renodabant, vel fiodo religabant). Id. Epod. xi. 42. Hence they were called Capillati, Petron. 27. Both men and women among the Greeks and Romans ufed to let their hair grow {p./cercy alere^ nutrirey promittere \e\/ub~ fniitere)y in honour of fome divinity, not only in youth, but afterwards, Virg. JEn. vii. 391, ^tat. Sylv. iii. Pr^f. et carm. 4.6. Theb, ii. 253. vi. 607. Lenjorin. de D.N. i. Plutarch, in The/. The Roman Dress. 431 The/, as the Nazarites among the Jews, Numb. vi. 5. So Paul, AEts xviii. 18. The Britons in the time of Cxfar fhaved the reft of their bo- dy, all except the head and upper lip, C.tf. B C. v. 10. In grief and mourning the Romans allowed their hair and beard to grow y{promittelmntyt\fubmitti bant) y Liv. vi. \6 Suet. Jul. 67. Aug. 23. Cal. 24. or let it flow difhevelled, [Jbivebant), Liv. i. 26. Terent. Heaut. ii. 3. 45. Virg. J&n. iii. 65. Ovid. Faft. ii. 813. tore it, [lacerabant vel cvcllebant)^ Cic. Tutc. iii, 16. Curt. X. 5. or covered it with duft and afhes, Virg. JEn^ xii. 609. CatuH. xliv. 224 The Greeks, on the concrary, iu grief cut their hair and fhaved their beard, Senec, benet. v. 6. Plutarch, in Pelopid. et 4lexattd. as likewife did fome barb.rous nation;?, Suet. Cal. 5 It was reckoned ignominious amon^j the Jews to (have a perfon's beard, 2 'am. x. 4. Annong the Cattif a nation of Germany, a young man was not allowed to fhavc or cut his hair, till he had flain an enemy, Tacit, de Mor. Germ, 31. So Civilis, in confequence of a vow. Id. Hijl.'vf. 61. Thofe who profefled philofophy alfo ufe to let their beard grow, to give them an air of gravity, Horat. Sat. \. 3. 133. ii, 3 35. Art. Poet. 297. Hence Barbatus magijler for Socrates, Perf. iv. I. but liber barbatus ^ i. e. vidofu^ rough, Alartial. xiv. 84. bcrbatus vivit, without (liaving, Id. xi. 85. 18 Auguftus ufed fometimes to clip [tondere forfice) his beard» and fometimes to ihave it, [radere novaculdy i. e. radendam cti" rare \.elfacere), Suet. Aug. 79. So Martial, ii. 17. Some ufed $0 pu!l the hairs from the root, [ptlos veUere)^ with an inftru» ment callled Volsella, nippers or fmall yincers, Plant. Lure. iv. 4. 12. Suet. Caf. 45. not only of the face, but the legs, &c. Id. Jul. 45. f'ug. 68. Galb. 22. 0th. 12. Martial, v. 62. viii. 46. ix. 28. ^uin^il. i. 6 V. 9. viii. procem. or to bum them out with the flame of nut-fhells, (fuburerenuce ardenti). Suet. Aug^ 68. or of walnut fhells, {:dnrere candentibus jugulandiuin puta~ mnubus) r. as the tyrant Dionyfius did, Cic. Tujc. v. 20. Off. li. 7. or with a certain ointmerit called Psilothrum vel dropax. Martial, iii 74. vi. 9:5. yi.6^. or with hot pitch or rofm, which 1\i.\txi.\\ czWs calidi fa fciavt/di ix. 14. for this purpofe certain women were employed called Ustricul.S, Tertull. de pall. 4, This pulling of the hairs, however, was always reckoned a mark of great effeminacy, Gell.vn. 12. Cic. Rofc.Com. 7. Plin. Ep. 29. \. f. 8. except from the armpits, ( ait \c\ axil Ltjy Ho- rat. £pod. xii. 5. Senec. Ep. 114. Juvenal, xi. 157. aslikewife to 41* ROMAN ANTIQUITIES. to ufe a mirror when {having, Juvenal, ii. 99. Martial, vl. 64. 2j. The Romans under the emperors began to ule a kind of pe- ruke or periwig, to cover or fupply the want of hair, called CAPILLAMENrUM, Suet. Cal. 1 1. or Galerus, JuvenaL vi. I2C. or Galericulum, Suet. 0th. 1:. The falfe hair (rr/;;fx •fitJiy \t\ fuppoftt't) fcems to have been fixed on a Ikin, Murtia!. xiv. 50. This contrivance does not appear to have been known in the time of Juhus Caefar, Suet. Jul. 45. at leall not ufed by jnen ; for it was ufed by women, Ovid. Amor. i. 14. 45. In great famihes there were flai-es for drefEng the hair and for Ciaving,frONSORES), Ovid. Met. xi. 182 Mnrtuil.v\..^2. and for cutting the nails, Plaut. iul. ii. 4. 33. libuU, i. 8. ■ i. Val. Alax. iii. 2. 1 5. fometimes female flaves did tliis, (Ton- STRICES), Cic. Tufc. V. 20. Plaut. T>uc. iv. 3. 59. There were for poorer people public barbers fii' ps or fliades, (TONSTRINjE), much frequentecl, Ter. Phonn. i. 2. 39. Jiorat. Ep. i. 7. 50. where females alio ufed to officiate, Mar- tial, ii. 17. Slaves weredrefled nearly in the fame manner with the poor, people, (See p. 418.) in clothes of a darklfn colour, (/>«/,..-/;), and flippers, [crepidati) \ hence vejlis Jervilisy Cic. Fif. 38. 5^r- "vilii habitusy Tdcit. Hift. iv. 36. Slaves in white are mentioned with difapprobation, Plaut. Cafin ii. (cult. Suet. Doni. 12. They wore eirher a llralt tunic called ExOMis or DiPHTHERA, Getl.vn. 12. Hefych. 16. or a Coarfe frock lacema et cucvillus)^ Horat. Sat. ii. 7. 54. Juve- pal. iii. 170. Martial, x. 76. It was once propofed in the fenate, that flaves fhould be dlftinguiflied from citizens by their drefs \ but it appeared dan- gerous to difgover their number, Senei;. de clem. i. 24.' Epiji. 18. Slaves wore their beard and hair long. When manumitted they fhaved their head and put on a cap, (pileuj), Juvenal, v. 171. Plaut. Amphit. i. r. ^06. See p. 41. In like manner, thofe who had efcaped from (hipwreck Iha- ved their head, Plata. Rud. v. 2. i6. Juvenal, xii. 81. Lucian. in Ermoiiw. In calm weather mariiiers neither cut their hair nor nails, Petron. 104. So thofe arcufed of a capital crime, when acquitted, cut their hair and fhaved, and went to the Capitol to return thanks to Jnp ter, Martial, ii. 74. l^lin. Ep. 7. 27. The ancients regarded fo much the cutting of the hair, that ehey believed no one died, till Prcjerpina^ either in perfon or by the i Roman Entertainments, tsfc. 433 the mlnlftration of Atropos^ cut off a hair from the head, which, was confidered as a kind of firlt fruits of confecration to Pluto, Vir<[. JEn. iv. 608. Hor. Od. i. 28. 20. II. ROMAN ENT^RTA INMENTS, EXER^ CISES, BATHS, PRIVATE GAMES, ^c. npHE principal meal of the Romans -vi'as what they cal- ■■• led CCENA, fupper ; fuppofed by fome to have been ancientlv their only one, Iftdor. xx. 2. The ufual time for the caena was the ninth hour, or three o'clock afternoon in fummer, Cic. Fam.ix. 26. Alartial. iv. 8. 6. and tiie tenth hour in winter, Au5t. ad. Herenn. iv. 51. Plin. Ep. iii. I. It was efteemed luxurious to fup more early, Juvenal, i. 49. Plitt. pan. 49. An entertainment begun before the ufual time, and prolong* cd till late at night, was called CONVIVIUM IN TEMPES- TIVLTM; if prolonged till near morning, Coena antelu- CANA, Cic. Cat. ii. 10. Cic. Arch. 6. Mur. 6. Vtrr. iii. 25. Sen. 14. Att.'ix. I. Senec.de ira, ii. 28. Suet. Call. 4^. Such as feafted in this manner, were faid epulari vel vivere de die, Liv. XXV. 23. Cat. 47. 6. Suet. Ner. 27. Curt. v. 22. and in BiEM vivere, when they had no thought of futurity, Cic. Phil. ii. 34. Tufc. v. II. Orat. ii. 40. Plin. Ep. v. 5. a thing which was fubject to the animadverfion of the cenfors. About mid -day the Romans took another meal called PR AN- DIUM, dmner, which anciently ufed to be called CCENA, (xoiv.., i, e. cibus communis, a pluribus fumptus, Plutarch. Sy.npof. viii. 6. Ifid. XX. 2. quo Plinius alludere videtur, Ep. ii. 6.) be^ -caufe taken in company ; and food taken in the evening, ( cibus vefperiiniii J, Vesperna ; Fejlus in coena. But when the Ro- mans, upon the increafe of riches, began to devote longer timt to the c(sna or common meal, that it might not interfere with bufinefs, it was deferred till the evening ; and food taken at mid-day was called Frandium. ' At the hour of dinner the people ufed to be difmifled from the fpedtacles, Suet. Claud. 34. Cal. 56. 58. j which cuftom ^ft began A. U. 693. Dio. xxxvii. 46. 3 I They ^34 ROMAN ANTIQUIxrES. They took only a little light food [cibum levem etfacUem fume- latit, -y. giijlabant), Plin. Ep. iii. 4. for dinner, without any for- 111 al preparation, Celf. i. 3. Horat. Sat. i. 6. 127. i). 4. 22. Setiec. Epijl. 84. Martial, xiii. 30 but not alvv^ays fo. Plant. Foen. iii. 5. 14. Cic. Ven: i. ly. Horat. ^at. li. 3. 245. Suet. Claud. 33. DoD.it. 21. Sometimes the emperors gave public dinners to the whole Jloman people, Suet. Jul. 38. '2ib. 10. A dinner was called Prandium caninum vel ah/lennum, at which no wine was drunk, ( quod canu vino caret j. Cell. xiii. 29. In the army, food raken at any t;me was called PRANDI- TJM, Liv. xxviii. 14. and the army after it, Pkansus para- TUS, Gell. XV. 12. BefiGCs the pra/id.' urn and c to fup in one place, and take this after-repaft m another, Ibid, Liv. xl. 7. 9. Pbut. Moji. i. 4. 5. As the entertainment after fupper was often continued till late at night. Suet. Tit. 7 hence Comissaki, to fcafl luxuric ully, I to revel, to riot, (>.i-/uajfi», „ x4/^>-, %ucusy 1- eft us, \t\pvtius a K'-mso Comus, the ^'od of nt^luinal merrimeiit and feafting among thd Greeks), Hor. Od.'w i. g. ^iiifitf. x\. t^. ^-j. COMISSAi TIO, a fealt of that kind, revelling or rioting after fupper^ Cic. Cat. ii. 5. Mui..6. Cce!. 15. Martial, xii. 48. il. CoMiSi' SATOR, a pprfon who indulged in fuch feafting, a companionj or aflociate in feafling and revelling, Ter. Adclph. v. 2. 8. LivA xl. 7. Martial, iv. 5. ^. ix. 62. I c. Peirou. 63. GeU. iv. 14. Hence Cicero calls the favourers of the cor.fpiracy of C| after it was fupprefled, Comissatokes co^JURATIC^:Is, AttA i. 16. Some took food betwixt dinner r,rd fupper, called MERLN-* DA, (quia vu/gb dabatnr iis, qui xre merebrint, i. e. >;/frrf»| nanis, atitequam labcre vnttertvtur ; a dowitio feu CGtidiMcre )A Plaut. Mofi:. iv. 2. 50. or Anti cohna, vel -iutn, Ifmor xx. 2.1 The ancient R<>mans lived on the fimpltlifare, chiefly on pot* tage, (puls)^ or bread and pot-herbs : (hence every thing eat^ en with bread or befides bread, was afterwards called PUJ MENTUM or Pulmentakium, (o'+i-vrov^ opfonium^ called ii Scotland, Kitcheti)^ Plin. xviii. 8. Varro de Lat. Ling. iv. 22J Horad Roman ENTEiiTAiNMENTis. 435 Horat Sat. ii. 2. 20. Ep. i. 18 48. Senec. Ep. 87. Phsedr. iii. 7.23. Juvenal, vii. 185. xiv. 171. Untfa pulmenfarioy i.e. lauta et dclicata ferculay nice delicate difhes, Perf. iii. 102.) Their chief magiftrates, and moil illuftrious generals, when out of office, cu'tivated the prou;id with their own hands, fat down at the fame board, and partook of the fame food with their fefvants ; as Cato the Cenfor, Plutarch. They f Jme- times even dreflcd their dinner themfelvesj as CURIUS, Fl'w. xix. 5. /. 26. Juvenal, xi. 79. or had it brought them to the field by their wives, Martial, vi. 64. But when riches were introduced by the extenfion of con- quell, the manners of the people were changed ; luxury feiz- ed all ranks, Sisvior armis luxuria inciibuity viciumque tilcifatur trbetn, Juvenal- vi. 291. The pleafures of the table became the chief objetl of attention. Every thing was ranfacked to gratify the appetite, [vefcendi causa terra marique omnia exqui- rere, &c. Sail. Cat. 13. Gii/rus, i.e. dopes delicaiaSf dzmtieSf ete7}ieiiia per omnia quarunty Juvenal, xi. 14.) The Romans at firft fat at meals, Ovid. Fajl. vi. 305. Serv. inVirg. E/;. vii. 176. as did alfo the Greeks. Homer's heroes fat on feparate fe..ts ['^povoi, fella), around the wall, with a fmall table before each, on which the meat and drink were fet, Odyff. i. iii. &c. vii. & viii. So the Germans, lacit. 22. and Spaniards, Strab. ii. p. 155. Tlie cuftom of reclinin-T (^accumhendi) on couches, (LECTI vel ToRi), was introduced from the nations of the eaft ; at firil adopted only by the men, Val. Max. ii. 1. 2. but after- Wards allowed alfo to the women. It was ufed in Africa in the time of Scipio Africanus the elder, Liv. xxviii. 28. The images of the gods ufed to be placed in this pofture in a Leclifiernium ; that of Jupiter reclining on a couch, and thofe of Juno and Minerva eretl on feats, Val. Aiax. ii. I. 2. Boys and young men below feventeen, fat at the foot of the couch of their parents or friends, [in imo leEio vel fiibfellio, vel ad IcFti fulcra affidebant). Suet. Aug. 64. at a more frugal ta- ble, [propria et parciore mensd), Tacit. Ann. xiii. 1 6. fome- timcs alfo girls, Suet. Claud. 32. and perfons of low rank, Platit. Stich. iii. 2. 32. V. 4. 21. Donat. in Fit. Terent. The cuflom of reclining took place only at fupper. There Was no formality at other meals. Perfons took them alone or in company, either Handing or fitting, Suet. Aug. 78. The place where they fupped was anciently called CCEN A- CULUJM, in the higher part of the houfe, Varro de Lot. Itng^ 3 I 2 ir. 43^' ^OMAN ANTIQUITIES. Iv. 33. whence the wliole upper part, or highefl; Rory of t houfe was called by that name, Liv. xxxix. 40. Suet. Fit. 7, afterwards CCENATIO, Suei, Ner. 31. Juvenal, vii. 183. or TRICLINIUM, Cic.Jtt.52. Suet.C^f.4^. Tib.^2. becaufe three couches (rp^f xx:»»/, ires lefti^ triciiuares vel difcubitoni) were fpread [flemebantur) around the table, 011 which the guefts might recline, Serv. in Virg. JEn. i. 698. On each couch there were commonly three. They lav with the upper part of the body reclined on the left arm, the head a little raifed, the back fupported by cufliions, [pulvuii^ v. -il- Ii)y and the limbs (Iretched out at full length, or a little bent ; the feet of the firll behind the back of the fecond, and his feet behind the back of the third, with a pillow between each. The head of the fecond was oppofitc to the brcafl: of the hrft, fo that, if he wanted to fpeak to him, efpecially if the thing was to be fecret, he was obliged to lean upon his bofom, {in ftnu recuuiberey Plin. Ep. iv. 22.) thus, John^ xiii. 23. In converfiition, thofe who fpoke raifed themfelves almoft up- right, fupported by cufhions. When they ate, they raifed themfelves on their elbow, Horat. Od. i. 27. 8. Sat. 4. ii. 39. and made ufe of the right hand, fometimes of both hands -, for we do not re.-.d of their ufing either knives or forks: hence Manui unEl£y Hor. Ep. i. 16. 23. He who reclined at the top, {ad caput leSii), was called SUMMUS vel primus^ the higheft ; at the foot, IMUS vei uitimus, the loweil; between them, MEDIUS, which was ef- teen-'cd the molt honourable place, Firg.ib. Horat. Sat. ii. 8. 20. If a conful was prefent at a feafl, his place was the loweft on the middle couch, which was hence called Locus Consu- LARis, becaufe there he could moll conveniently receive any mefTiges that were fent to him, Plutarch. Sympof. ii. 3. The mailer of the feaft reclined at the top of the loweft couch, next to the conful. Sometimes in one couch there were only two, fometimes four, Horat. Sat. i. 4. 86. It was reckoned fordid to have more, Cic. Pif. 27. Sometimes there were only two couches in a room ; hence called BICLINIUM, ^litiail. i. 5. Plant. Bacch. iv. 4. 6^. & 102. The number of couches depended on that of the guefts, which Varro faid ought not to be below the number of the .Graces, nor above that of the Mufes, Gell. xiii. 11. So in the time of Plautus, the number of thofe who reclined on couches Roman ENtEKTAiNMENT?. 421 couches did not exceed nine, Sirch. iii. 2. ^i. Iv. 2. 12. The perfons whom thofe who were invited had liberty to bring with tiieni, were called UiMBR^E, uninvited gucils, Hor. Sat. ii. 8. 22. Ep. i. V. 28. The bedrteads (Si'Ond;e) and feet (Fulcra \^\ pedes) were made of wood, Ovid. Alet. vili. 6^6. fometimcs of fdver or gold, Suet. Jul. 49. or adorned \vith plates, [braSlea vel Limi' tut) of filver. Suet. Cal. 22. Martial, viii. 35.5. On the couch was laid a mattrcfs or (juilt, (Culcita, Juvenal, v. 17. Plin* iix. I. w/ MATTA, Ovid. FciJ}. vi. 68o) ilufied with feathers or wool, Cic. 'Tufc. iii. 19. anciently with hay or chaff, ' ftttw vel acere 2.Vit paled), Varro de Lat. ling. iv. ^ i;. All kinds of fluffing {omnia farcitnina) were called TOMENTUM quad tGudimentum, Suet. Tib. 54. Martial, xi. 22. xiv. 150. A couch with coarfe Ituffing, {concifa paluSy i. e. arundines palujires), a pallet, was called TomLfitum CIRCENSE, becaufe fuch were ufed in the circus ; oppofed to Momentum Lingo ni- CUM, v. Leucon'ICUM, Martial, xiv. 160. Sen. de vit. beat. 25. At firil couches feem to have been covered with herbs or leaves, Ooid. Fajl. i. 200. & 205. hence LECTUS, a couch, quod herbis et frondibus le£lis lucubabant)^ Varro de Lat. Ling. iv. 35. W TORUS, {quia veteresfuper herbam t.oxtzm difcum- bsbafit, Id. et Serv. in Virg. JEn. i. 708. v. 388. w/, ut alii dicu7ity quod leclus toris, i. e. funibus tenderetur^ Horat. Epod. xii. 12.) or \\n(i\ ftraw, (Jlramen \t\Jlramentum\ Plin. viii. 48. Horat. Sar. ii. 3. 117. The cloth or ticking which covered the mattrefs or couch, the bed-covering [operimetiturn vel involucrum), was called TORAL, Horat. Sat. ii. 4. 84. Ep. i. 5. 22. by later writers, Torsle linteum^ or Segestre, v. -trurriy v. -trium, Varro ibid; or LoDix, which is alfo put for a (heet or blanket, Juvenal. vi. 194. vii. 66. Martial. xi\. 148. 152. Lodiculuy a fmall blanket or flannel coverlet for the body, Suet. dug. 83. On folemn occafions the couches were covered with fuperb cloth, with purple and embroidery, (Stragula vestis), Cic» Verr. ii. 19. Liv. xxxiv. 7. Horat. Sat. n. 2. 3. Ii8. piila Jlra- gula, Tibull. i. 2. 79. Textile Jlraguluniy an embroidered co- verlet, with a beautiful mattrefs below, [pulcherrimo J}rato)t Cic. Tufc. V. 2 1 . but fome read here pulcherritne ; as, LeElus flratus conchyliato perijlromate, befpread with a purple covering, Cic. Phil. ii. 27. alfo Attalica peripetafmatay Cic. Verr. iv. 12. much the fame with what Virgil CdXhfuperba aulaoy fine tapeftry, JEti, i. 697. faid to have been firll invented at the court 438 ROMAN ANTIQjJITlES. court {in aulat liinc aul/ea), of Attains king of Pergasmif) Plifj. viii. 48. Bdbyloiiica periftroinita cotifutaque tapet'iai wroughi; with needle-work, PUuit. Sikh. ii. 2. 1:4. Hangings (at/faa) ufed likewiie to be fafpended from the top of the room to receive the duft, Hsrat. Sat. ii. 8. 54. Scrv. in Virg. JEn. i. 697. Under the emperors, inflead of three couches was intro- duced the ufe of one of a femicircular form, thus (. \ rallcfl SIGMA from the Greek letter of that name, which uruailv contained feven. Martial, ix. 48. fometimes eight, called alfo STIBADiUM, Id. xiv. 87. But in later ages the cullom was introduced, which ftill prevails in the Eaft, of fitting or reclining on the floor at meat, and at other times, on cufluons, AccuBlTA, Scholiafl. in Juvenal, v. 1 7. L/imprid. Heliog. 19. & 25. covered with cloths, Accubitalia, Treb. Polllo in Claud. 14. The tables (MENSvE) oftheRomans were anciently fqiiare, and called CibilLjI;, Varro de Lat. ling. iv. 25. Feftiis ; on three fides of which were placed three couches, the fourth fide Vv-as left empty for the Haves to bring in and out thedifhes. When the femicircular couch or the Jignm came to be ufed, tables M'ere made round, Juvenal, i. 137. The tables of the great were ufually made of citron or map- pie wood, and adorned with ivory, Cic. Verr. iv. 17. Aliirti" til. xiv. 89. & 90. ii. 43. Plin. xiii. I5.f. 29. The tables v/ere fometimes brought in and out with the diflies on them; hence, Alenfam apponere. Plant. Afin.v. i. 1. Id. Mofi. i. 3. 150. iii. l. 26. Cic. Alt- xiv. 2 1. Ovid. Met. viii. 570. ct AUFERRE, Plant. Amph. ii. 2. 175. vel. removere. Virg. JEn. i. 220. h 627. but fome here take nienfce tor the diflies. Sometimes the dirties were fet down on the table ; Iience eihum, lances, patinas, vel ccennm men/is apponere, Virg. Mn.'w. 602. Cic. Tiifc.w 32. yerr. iv. 22. Att. vi. i. Epu- lis menfas oncrarCy Virg. G. iv. 388. demere "y^/ TOLLERE, Plant.' Mil. iii. I. I55. &c. Mens A is fometimes put for the meat or difhes, [lanx^ patina, patella vel difcus)\ hence Prima mensa, io\ prima fercula ^^^ firft courfe, the meat, Macrob. Sat.\\\. i. Secunda mensa,. the fecond courfe, the fruits, &c. {hellaria), or the deflert, Cic. Att.yi\\'.6. Fam. xvi. 21. Virg. G. n.xoi. Nep. Agef. 8. Mittere de menfa, to fend fome difli, or part of a difii, to a perfon abfent, Cic. Att. V. I. Dapes mcnfabrevis, a fliort meal, a fiugal table, Horat. Art. p. 198. men/a opima^ Sil. xi. 283. Virgil Roman Entertainments. 439 Virgil ufes menfe for the cakes of wheaten bread {adorea liba, vcl ceriale folum. SOLUM cmne dicitur, quod aliquid fii/thiety Serv. in Virg. Eel. vi. 35. j3Ln. v. 199. Ovid. Met. i. 73.) put under the n^eat, v hich he calls orbeSf becaufe of their circular figuiT, and quadnty becaufe each cake was divided into four parts, quarters, or quddrants, by two ftraight lines drawn through the centre, Virg. JEn. vii. i \6. Kence ai'iend vivere quadra, at another's expence or table, 'JnvenaL v. 2. findetur quadra^ i.e. frujUnn panis, the piece of bread, Herat. Ep. i. 17. 49. Soyz/a- dra placenta: \ii\ cafciy^l2.Tt\2.\.\\. 75. xii.32. 18. A table with one foot was called MoNOPoniuM. Thefewcre of a circular figure, {orbes)y ufed chiefly by the rich, and com- monly adorned with ivory and fculpture, Juvenal, i. 138. xL 123. A fide-board was called ABACUS, L'lv. xxxix. 6 Cic. Verr. iv. 16. 25. Tufc. V. 21. or Dllphica, fc. men/a, Vet. Schol. in Juvenal, iii. 204. Martial, xii. 67. Cic. Verr. iv. 59. Lapis ALBUs, i. e. meiifa marmorea^ Horat. Sat. i. 6. 116. The table of the poorer people commonly had three feet, (tripes), Horat. S i. The ancient Romans did not ufe table-cloths, (m^w////-^), but wiped the table with a fponge, Martial, xiv. 44. or with a coarfe cloth, {gausape)^ Horat. Sat. ii. 8. I r. Before the guefts began to eat, they always wafhed their hands, and a towel (Mantile, v. -tele^ -telle, -um, v. -iittn), was furnifhed them in the houfe where they fupped to dry them, Firg. JEn. i. 702. G. iv. 377. But each gueft feems to have brought with him from home the table-napkin (MAPPA) or cloth, which he ufed in time of eating to wipe his mouth and hands, Martini, xii. 29. Horat. ii. 8. 63. but not always, Hor. Ep. i. 5. 22. The mnppa was fometimes adorned with a purple fringe, {lato clavo). Mart. iv. 46. 17. The guefts ufed fometimes, with the permifiion of the mat- ter of the feaft, to put feme part of the entertainment into the mappa, and give it to their flaves to carry home. Mart. ii. 32. Table-cloths [liiJtea viiiofn. gavsapa vtl jnafiti/ia), began to be ufed under the emperors, Aiartial. xiv. 138. xii. 29. 12. In later times the Romans before fupper ufed always to bathe, Plant. Stick, v. 2. 19. The wealthy had baths, (BAL- NEUM, vel Balinemrty plur. -neay vel -a), both cold and hot. at their own houfes, Cic, de Orat. ii. 55. There were public baths ^Balnea) for the ufe of the citizens at large, Cic. Cxi. 26. Horat, Ep, i. I. 9?. where there were feparate apartments for 440 ROMAN A NTIQ^UITIES. for the men and women, (balnea viriha et muliebria), Varro de Lat. liiig. viii. 42. Vitruv. v. 10. Gell. x. 3. EacJi paid to the batli-kceper [balueator) a fmall :oin, {jjuadrans), Herat. Sat. '•3- 1 37* Jui^f^id. vi. 446. Htnce re., quadrant aria, for ba'heum^ Senec Epilt. 86. ^u- drantaria permvtatw^ 1. e. pr» qitadrante coplam fidfccity C'C. Coel. 26. So quadrantaria is put for a mean harlot, ^{ii.Bii. vni. 6. Thofe under age paid nothing, Juveiwi vi. 446. The ufual rime ' f bat.hing was two o'clock [pBa-va horr.) in fumnier and three in winter, Flin. Ep. iii. 1. Martial, x. ^8. on fei'ival days )ooner; Jnvcna . xi. 205. The Romans before bathing took various kinds of exercife, {^exercitauones cn'.npcjlres y po-' de'cij.i r.egotia rampo^ fc. Martio. Hoi. Ep. i. <• 59-; as the bail or tenn.s, ^FILA), Horat. Sat. i. 5 48. throwing the javehn and the discus or quoit, a round bullet of ftone, iron, or lead, with a thong t ed to it, dor at. Od.'x. 8. II. the PaLUS, 01 Palaria, Juvenal, vi. 246. (See p. 376.) riding, running, leaping, &c. Suet. Aug. 83. Martial, vii. 31. There were chiefly four kinds of balls ; — i. PILA trigo- MALis vel TRiGON, fo called, becauie thofe who played pt it were placed in a triangle, (r^iyanv), and ti.lTed it trom one a-» nother, he who firft let it come to the ground was the lufer. — 2- FOLLIS vel foUiat/iis, inflared with wind like cur loot- ball, which if large they drove with the arms, and fimply call- ed Pit. A, Prep. iii. 12. 5. or Pila velox, Horat. Sat. ii. 2. 1 1, if fm;iller, with the hand, armed with a kind of gauntlet ; hence called Follis pugillatorius, P/aut. K:.'d. iii. 4. 16. Mattial. xiv. 47. 3. PILA PAGANICA, the village- ball, fluffed with feathers j lefs than the foiiisy but more weighty, MartirJ.xw. 45. 4. HARFASTUM, (ab «/"^«^" rapio)y the fmalleft of all, which they I'natched from one ano- ther, Martial, iv. 19. vii. 3 I. Suet. r.ug. 83. Thofe who played at the ball wer^ faid ludere raptim^ vel filnm revocare cndenienty when they ftruck it rebounding from the ground ;~ when a number played together in a ring, and the perfon who had the ball feemed to aim at one, but ftruck another, ludere datntimy vel iwn fperato jugientcm teddere gejlu ; wlien they fnatched the ball from one another, and threw it aloft, without letting It fall to the ground, ludere expulftviy vel pilaiu geminare volant cm y Lucan. ad Pif. 173. Plaut. Cure, ii, 3. 17. Ifidor. i. 21. In country villas there was ufually a tennis-court, or place fur playing at the ball anu i<}X other exercifes, laid out in the farm Roman Entertainments, ^c. 441 form of a circus ; hence called Sph^risterium, Suet. Vefp. 20. Plin. Ep. ii. 17. V. 6. Young men and boys ufcd to amufe themfelves In whirling along a circle of brafs 6r iron, fet round with rings, as our children do wooden hoops. It was called TROCHUS, [a rptx-j, curro)y and Gracus frochus, bscaufe borrowed from the Greeks, Horat. Od. iii. 24. 57. Alartia!. xi. 22. xiv. 1 69. The top (Turbo vel biixum) was peculiar to boys, Virg. JEn. vii. 378. Ferf. iii. 51. Some confound thefe two, but im- properly. Tliofe wlio could not join in thefe exercifes, took the air on foot, in a carriage, or a lltcer. There were various places for v.'alking, (AMBULACRA vel AMBULATIONES, ubi fpatinrentur)^ both public and private, under the open air, or under covering, Cic. Dom. 44. Orat. ii. 2 0. Jtt. xiii. 29. ad ^ Fratr. iii. 17. Gell i. 2. Ho- ■ 't. Od. il. 15. 16. Ep. i. 10. 22, Juvenal, iv. 5. vi. 60. Covered walks (FOR TICUS, porticos or piazzas,) were built in different places, cliiefly round the Campus Martins and . Forum, fupported by marble pillars, and adorned with ftatues ,and pictures, fome of them of immenfe extent ; as thofe of 'Claudius, Martial, de SpeB. il. 9. of Auguflus, Suet. 31. of Apollo, Prop.n. 31. i. Ovid. Tri/}. in. i. 59. of Nero, Suet, Ner. 31. of Pompey, Cic. de Fat. 4. Ovid. Art. Am. i. 67. of Livia, Plin. Ep. i. 5. &c. Porticos were employed for various other purpofes befides taking exerpife. Sometimes the fenate was aflembled, and courts of juflice held in them. A place fet apart for the purpofe of exercife on horfeback or in vehicles, was called GESTATIO. In villas it was gene- rally contiguous to the garden, and laid out in the form of a circus, Phn. Epift. i. 3. ii. 17. An inclofed gallery, with large windows to cool it in fum- mer, was called Cryptopoktjcus, Plin. Epijl. ii. 17. v. 6. commonly with a double row of windows. Id. vii. 21. Literary men, for the fake of exercife, ( ftomachi caufd), ufed to read aloud, ( dare et ititente legere J, Plin. Ep. ix. 36. As the Romans neither wore Imen nor ufed (lockings, fre- quent bathing was necefTary, both for cleanlinefs and health, ■cfpecially as they took f* much exercife. Anciently they had no other bathr but the Tiber. They indeed had no water but what they drew from thence, or 3 K frono.. 442 ROiMAN ANTIQJJITItS. i'tom wells in the city and neighbourhood; as, the fountair' oi Egeria ?Lt the ioot of Mount Aventine, Liv. i 19. OviJ jp^. iii. 273. Juvenal, iii. 13. of INIercurv, Ovid. Fajt. v,,6-]:^ &c. . The firft aquedu6l at Rome was built by Appius Claudius the cenfor, about the year of the city 441. Diodor. xx. 36. Seven or eight aqueducts were afterwards builr, which brought water to Rome from the dillance of many miles, in fuch a- bundance, that no city was better fupplicd. , Thefe aquedufts were conftruftcd at a prodigious expence, carried through rocks and mountains, and over vallies, fup- ported on ftone or brick arches. Hence it is fuppofed the Romans were ignorant, that water conveyed in pipes rifes to the height of its fource, whatever be the diftance or inequa- lity of ground through which it paflcs. It is ftrange they did not difcover this fadt, confidering the frequent ufe they made of pipes (fiJluU ) in conveying water. That they were not entirely ignorant of it, appears from Pliny, who fays, Aqua in vel e plumbo fuhit altitiidinem exortus fui^ water in leaden pipe^. rifes to the height of its fource, xxxi. 6- f. 31. The truth is, no pipes could have fupported the weight of water conveyed to the city in the Rottian aquedufls. The vyaters were collected in refervoirs, called CASTEL- LA, and thence diftributtd throughout the city in leaden pipes, Plln. xxxvi. 15. Horat. Ep. i. 10. 20. When the city was fully fupplied with water frequent baths were built, both by private individuals and for the ufe of the public ; at Rrft however more for utility than fliow, [in uftwty noti ohleBamentiwi^ Senec. Ep. 86. It was under Auguftus that baths finl began to afTume ah air of grandeur, and were called THERMAE, [^ip/^at. ca/ores, 3, e. calida aquSf Liv. xxxvi. 15.) bagnios or hot baths, al- though thev alfo contained cold baths. An incredible num- ber of thefe were built up and down the city, PTnu Epiji. iv. 8. authors reckon up above 800, many of them built by the emperors with amazing magnificence. The chief were t lofe of Agrippa near the Pantheon^ D'o. liii. 27. Alartial. iii. 20, of Nero, Martial, vii. 33. Stat. Silv. i. 5. 6t. of Titus, Suet. *]. of Domitian, 5//f/. 5. of Caracalla, Antoninus, Dioclefiari. &c. Of thefe, fplendid vefliges ftiil reaiaia. The bafon (Jabrum aut lacu^^' wl ere they bathed wa- called BAPTISTERIUM, NATATIO or Piscina. The cold bath wat Roman Entertainments, tsfc. 443 was called FRIGID ARIUM, (c. ahenum v. balneum ; the hot, CALDARIUM, and the tepid, TEPIDARIUM : The cold bath room. Cella Frigidakia ; and the hot, CellaCalda- RiA, Plin. Epift. V. 6. Vitruv. v. 10. the ftove-room, Hypo- CAUSTON, or Vaporarium, Cic. ^ Fratr. iii. i. warmed by a furnace [propigneum vel pra:furniuin) below, Plin. Ep. ii. i 7. adjo nlng to whicii were fweatuig rooms, (SUDATORIA, 2e?jcc. EpiJ}. 52. vel Assa, fc balnea^ Cic. Q^Fratr. iii. I.) the undrefhng room, ApoDYTbRiUM, Cic. ibid. Flin. Ep. v. 6. tKc perr'umingroom, Unctuarium, ii. 17. Several improvements - were made in the conllruction of baths in the time of Seneca, Epi/h 90. The Romans began thtir bathing with hot water, and end- ed with cold. The cold bith was in great repute, after Anto- nius Mufa recovered Auguftus from a dangerous difeafe by the ufe of it, Sut't. Aug. I'X. 8r. Plin. xxix. i. Horat. Ep. i. 15. but fell into difcredit after the death of Marcellus, which was occafioned by the injudicious applicjition of the fame remedy, Dio. liii. 30. The perfon who had the charge of the bath was called BAL- NEATOR, Cic. Ccel. 26. Pl?il.xn\. 12. He had flaves un- der him, called Capsarii, who took care of the cloaths of thofe who bathed. The Haves who anointed thofe who bathed, were called A-. LIPT-^tE, Cc. Earn. i. 9. Juvenal, iii. 76. vi. 421. or Uncto- RES, Martial, v'li. 3 I 6. xii. 71. 3. The inftniments of an Aliptes were a curry-comb or fcraper, (STRIGILIS, V. -il )f to. rub off fad defricandum et dejlrin- gendiim vel radenditm) the fweat and filth from the body ; made of horn or brafs, fometimes of filver or gold, Suet. Aug. 80.. Herat. Sat. W. 7. no. Perf.y. \l6. Martial, xiv. 51. Setiec. Epi/!. g^. •v.'hence Jlrgifienta for fordt's ; — towels or rubbing cloths, (LINTEA),— a vial or cruet of oil, (GUfTUS), Ju- venal, xi, 158. ufually of horn, (corneusj^ hence a large hora was called Rhinoceros, Juvenal, iii. 263. vii. 130. Martial. xiv. 52. 53. Gell. xvii. 8. a jug, (ampulla), Plant. Stich. \. 3. 77. Perf.i. 3. 44. and a fmall veffel called Lenticula. The flave who had the care of the ointments was called Unguentarius, Serv. in Virg. ^n. i. 697. As there was a great concourfe of people to the baths, poets foiv.etimcs read their compofitions there, Horat. Sat. i. 4. 73. Martial, iii. 44. ic. as they alfo did in the porticos and other plages, Juvenal, i. 12. vii. 39. Plin. Epijl. i. 13. iii. 18. .3 K 2 vii. 444 ROMAN ANTIQJJITIES. vn. 17. viii. 12. Suet. Jug. 89. Claud. 41. Dotnit. 2. chiefly in the months of July and Augufl:, Plin. EpiJI. viii. 21. Ju' vetial. iii. 9. Studious men ufed to compofe, hear, or diftate fomething while they were rubbed and wiped, Suet. Aug. 85. Pun. E- piji iii. 5. iv._!4. Before bathing the R omans fometimes ufed to ba(k themfclves in the fun, (folei.ti), Plin. Ep.iii, 5. vi. 16. Sen.Ep. -3. Infcky Ji caret vevtOy atnbu'.et nudus, fc. Spurinna, Plin. Ep.'m. 1. Under the emperors, not only places of exercife, (gynrafta et palejlra)y but alfo libraries {hibliothecie) were annexed to the public baths, Senec. de Tranquil. /In. 9, ^he Romans after bathing dreCed for fupper. They put on the SYNTHESIS {yejlis ccenatoria vel accub:itzria) and flippers ; ■which, when a perfun fupped abroad, were carried to the place by a Have, with other things requifite \ a mean perfon fometimes carried them himfelf, Horat. Ep.\ 13. 15. It \\'as thought very wrong to appear a: a banquet without the proper habit, Cjc. Vat. r2. as among the Je\^s, Alailk. y.x\\. 11. After exercife and bathing, the body required reft ; hence probably the cuftom of reclining on couches at meat. Before they lay down, they put oiT their flippers that th-ey might not {lain the couches, Martial, iii. 50. Horat. Sat. ii. 8. 77. At feafts the guefls were crowned with garlands of flowers, hevbs, or leaves, (fertuy ccrona^ vel corolLeJ, tied and adorned ■with ribbons, fvitta, tj'niie, vel Umr.ifciJ, or with the rhind or fkin of the linden tree, (philyra), Horat. Od. ii. 7. 23. ii. 11. 1-3. Sat. ii. 3. 256. Virg. Eel. vi. 16. Juvenal, v. 36. xv. 50. Martial, xiii. 12". Ovid. Faft. v. 337. Plin. xvi. 14. Thefe crowns, it was thought prevented intoxication ; Hence cum corona ebrius, Plant. Pfcud, v. 2. z. Amph. iii. 4. 16. Their hair alfo was perfumed wit'i various ointments, {nn- guenta vel arcmaicjy nard or fpikenard, NaRDUM, vel -us, MaLOBATHRUM ASSYRIUM, Horat. ibid. Martial, iii. 12. A- MOMUM, Virg. Ed. iii. 89. iv. 25. Balsamum ex Jud.ta^ Plin. xii. 25. f. 54. &c. When foreign ointments were firft ufed at Rome is uncertain; the felling of them was prohibited by the cenfors ; A. U. 565. PUn- xiii. 3. f. 5. The Ronians began their feafts by prayers and libations to the gods, [deos invocabanty Quin£lilian. v. pr. Lihare diis dapes et bene precari, Liv. xxxix. 43.) They never tafted any thing with- out confecrating it, Tibull. i. i. 19. they ufually threw a part into the f.re a? an offering to the Laresy tJierefore called Dii PATELLAR1I> Roman Entertainments, tsfc. 445 PATELLARII, Pbut. C'tfl . \\. I. 46. Hcnce Da PES LIBATiB, Horat. Sat. ii. 6. 67. and when they drank, they poured out a part in honour of fome god on the table, which was held facred ss an altar, Macroh. Sat. iii, 1 1. I'^irg. /En. i. 736. S'tl. vii. 185. 748. Plant. Cure. i. 2. 1,1 Ovid. Amor, i 4. 27. with this formui.i^ LiBO TIBI, Tacit. Annal xv. 64. The t.'ble was confecrated by fetting on it the images of the Lares and fak-holders, [fnlinoruin nppojitu^^ Arnob. ii. Sail was held in gre.it veneration by the ancients. It was always ufed in facriiices, Horat. Od. iii. 23. 20. Plin. xxxi. 7. {. 41. thus aifo Mofes ordained, Levit. ii. 13. It was the chief thing eaten by the ancient Romans^ with bread and cheefe, flin. ibid. Horat. Sat. ii. 2. 17. as crefles, {r.a/iurtium) by the ancient Perfians, Cic. Tvfc.s. 34. Hence Salarium, a fala- ry or penfion, Plin. ibid. Suet. Tib. 46. Martial, iii. 7. thus, Salaria inultis fubtraxity qtios otiofos videbat acripere, fc. Antoni- nus Pius, Capitolin. in vita ejtiSy 7. A family falt-cellar [paternum falinum^ fc. vas) was kept with great care, Horat. Od. li. 16. 14. To fpill the fait at table was efteemed ominous, Fejlus. Setting the fait before a ftranger was reckor.ed a fymbol of friend fhip, as it ftill is hj fome eaflern nations. From the favour which fait gives to food, and the infipidity of unfalted meat, fat was applied to the mind, Plm. xxxi. 7. f, 41. hence SAL, wit or h.\in\cvLr\ fa'fusy witty; infulfus^ dull, infjpid J y^/ifj, witty fayings;/z/ Attiawiy fales iirbani^ Cic. Fam. ix. 15. Sales intra pomcerin w/in, polite raillery or re- partees, Juvenal, ix. 11. Sal niger^ i. e. amari falesy bitter raillery or fatire, Horat. Ep. ii. 2. 60. but in Sat. ii. 4. 74. fal nigrum means fimply black fait. Sal is metaphorically applied alfo to things ; thus, Teclum plus falis quatnfumpius habebat, neatnefs, tafte, elegance, Nep. Alt. 13. Nulla in corpore mica falisy Cztull. 84. 4. The cuilom of placing the images of the gods on the tabic, prevailed alfo among the Greeks and Perfians, particularly of Hercules; hence called F.pitrapfzius, Stat. Sylv. \v. 6. 6q. Martial, ix. 44. and of making libations, Ctirt. v. 8. In making an oath or a prayer, the ancients touched the ta- ble as an altar, Ovid. Amor. i. 4. 27. and to violate it by any indecent word or a£tion was efteemed impious, Jjivenal. ii. 110. To this Virgil alludes, .'E;/. vii. 1 14. As the ancients had not proper inns for the accommodation of travellers, the Romans, when they v/cre in foreign coun- trie?. 44^ ROMAN ANTIQJJITIES. tries, or nt a diftance from home, ufed to lodge at the lioufe4 of certain perfons, M'hom they in return entertained at thei|r houfes in Rome : TJiis was efteemed a very intimate connec- tion, and called HOSPITIUM, or Jus Hofpitii, Liv. i. i. Hence HOSPES is put both for an hoft or entertainer, and a gucrt, Ovid. Met. x. 224. Plant. Mojl. ii. 2. 48. Cic. Dejot. 3. Jccipere hofpitem mn tm.lti cibi fed midti jociy Cic. Fam. ix. 16. Diveriere ad hofpitem, Pe divin. i. 27. f. 57. Fin, v. 2. Hof'^ pitium aim aliqiio facere, Liv. et Cic. Juagitf'us hojpitio dvxttaSf fc. ;'/;, Virg. jEn. iii. 83. Hojpitio coujungi.^ Cic. Q^Fr. i. \, f-Iofpitio aliqnem excipere et accipi ; reminciare h-fpitium eiy Cic. Verr. ii. 36. I-iv, xxv. 18. Amiritiam ei more majonmi renun- ciare,S\xti. Cal. 3. Tacit. Ann. ii. 70. JDomo interdicere, Id. Aug. 66. Tacit. Ann. vi. 29. This connt<£lion was formed alfo with dates, by the whole Roman people, or by particular perfons, Liv. ii. 22. v. 28. xxxvii. 54. Cir. Ferr. iv. 6^. Balb. 18. Ca:f. B. G. i. 31.; Hence ChenteJa kofpitiaque proyitscialia, Cic. Cat. iv. 11. I'ubiid hofpitii jurOf Plin, iii. 4. Individuals ufed anciently to have a tally, (TESSERA ho/pi'; ialitntii)., pr piece of wood cut into two parts, of which each party kept one. Plant. FcSfi. v. 1. 22. & 2. 92. They fwore iidelity to one another by Jupiter, hence called Hospitalis, Cic. ^. i'V. ii. 1 1 . Hence a perfon who had violated the right? of hofpitality, and thus precluded himfelf accefs to any family, was faid confregisse tesseram, Plaut. CiJ}. '\\. i. 27. A league of hofpitality was fometimes formed by perfons at a diftance, by mutually fending prefents to one another, Virg. Mn. ix. 3^1 . The relation 0^ hofpifes was efteemcd next to that of parents and clients, GelL i. 13. To violate it was efteemcd the great- pft impiety, Virg. Ai». v. 55. Cic. Verr. v. 42. The reception of any ftranger was called HoJ'pitiiim^ or pluf. -lA, Gvid. Ffljl. vi. 536. and alfo the houfe or apartment in which he was entertained ; thus, hofpitium fit tua villa meumf Ovid Pont. i. 8.69. Divifi in bofpitia^ lodgings, lAv.xx. 14. Hosfitale <:«^/<-://?^w, the gueft-chambejr, 2./\'. i. 58. Hofpitio\ z//i'/'^7/«r T/////, lodged at the houfe of, U. 2S- HenceFlorusI caiivS Oftia, Alariiivntm nrbis hofpitium^ i. 4. So Virgil calls Tlirace, Hoftitmm antiquum Irojo', a place in ancient hofpi- tality with Troy, JEn. iii. 15. Unquere pollntum hofpitititnA I. e. locum in quo jura hofpitii violata Juerant^ lb. 61. The Roman nobility ufed to build apartments [domuncida')\ for (trangcrs, called liOSPITALIA, on the right and left end! Roman Entertainments, t^c. 447 of tlicir houfes, with feparate entries, that upon their arrival they might be received there, and not into the penjiylc or prin- cipal entry ; Peristyi.ium, fo called becaufe furroanded with columns, l^itruv. vi. 10. Suet: Aug. 82. The CCENA of the Romans ufually confided of two parts, called Mensa PRIMA, the firft courfe, confi (ting of different; kinds of meat ; and Mensa secumija vel altera, the fecond courfe, confiding of fruits and fweet- meats, Serv. in l^trg. JEn. i. 216. 723. viii. 283. In hit r times the firft part of the cocna was called GUSTA- TIO, Petron. 22. 31. or Gusrus, confiding of diOies to ex- cite the appetite, a whet, Martial, xi. 32. 53, and wine mixed with water and fweetened with honey, called MULSUM, Horat. Sat. ii. 4. 26. Cic. Tufc. iii, i 9. Orat.\\. 70. Fin. ii. 5. f. 1 7. Plin. xxii. 24. whence what was eaten and drunk [ai:teccena) to whet Jie appetite, was named PROMULSIS, Cic. Fam. Ix. 16- 20. Stmc. Up. 123. and the place where thefe things were kept, Promulsidarium, v. -;v, or Gustatorium, Petron^ 31. Plin. Ep. V. 6. Martial, xiv. 88. Plin. ix. 12. Cut giijlatio is alfo put for an occafional refrefhment through the day, or for breakfad, Plin. Ep. iii. 5. vi. 16. Suet. Aug. 76. Vopifc. Tac. 1 1. The principal difta at fupper was called CCEN^ CAPUT vel PoMPA, Martial. X. 3 i . Cic. Tufc. v. 34. Fin. ii. 8. The Romans ufually began their entertainments with eggs, and ended with fruits : hence Ab ovo usq^je ad mala, from the beginning to the end of fupper, Horat. Sat. i. 3. 6. Cic. Fam. ix. 20. The diflies {eduUa) held in the highed edimaiion by the Ro- mans are enumerated, Gell. vii. 16. Macrob. Sat. ii. 9. Stat. Silv. iv. 6. 8. Martial, v. 79. ix. 48. xi. 53. &c. a peacock, (PAVO, V. -us), Horat. Sat. ii. 2. 23. J.venal. i. 143. fird ufed by Hortenfius, the orator, at a fupper, which he gav^ when admitted into the college of prieds, {aditiali ccend facer^ dotii)y Plin. X. 20. f 23. a pheafant, (phasiana, ex Phafi Col- chidis Jluvio), Martial, iii. 58. xiii. 72. Senec. ad Helv. 9. Petron. 79. Manil. v. 372. a bird called Attagen vel -ma, from Ionia or Phrygia, Horat. Epod. ii. 54. Martial, xiii. 6i. a guinea hen, {avis Afra, Horat. ibid. Gallina Numidica vel Africat.a, Juvenal, xi. 142. Martial xiii. 73.) a Mt-lian crane; an Ambracian kid; nightingales, lufcinia \ thruflies, turdi; ducks, geefe, &c. Tomaculum, ia Ti,uyu), vel IsiciUM, (ab insecoi 443 ROMAN ANTIC^^ITIES. insecOy faufages or puddings, JuvenaL S.. ^SS' ■^'^■^^t'iiul. i. 42- 9. Pilroti. 3 r. Sometimes a whole boar \ras fervcd up ; h?nce called Ani- mal PROPTER CONVIVIA NATUM, JuVcViul. \. 14I. and PoR- cus Trojanus, flulTcd with the fleni of oiher aoinials, Macrob. Sat. ii. 9. The Romans were particularly fond of fifli, Macrch. Sat. ii. II. AliilluSy the mullet; rhombufy thought to be the tur- bot; muranoy the lamprey ;y2<3r«x, the fear or fchaf ; ac-perfevy the fturgeon ; lupusy a pike, &c. but efpecially of (liell-fifii, p'lfces tejlaceiypeclinesy peBuncuViy vel conchylia, oftreay oyflers, &c. which they fometimes brought all the way from Britain, JRutupifioque edta fundo, from Rutupio'y Richborough in Kent, Juvenal, iv. 141. alfo fnails, {cochlea:)^ Piin. Ep. i. 15. Oyfter-beds {ojlreanan vivaria) were lirft invented by one Sergius Ar-ata, before the Marfic war, A. U. 660, on the fliore of BaicE, (//; Baia/io)y and on the Lucrine lake, Plin. ix. 1J4. f. 79. Hence Lucrine oyfters are celebrated, Homt. Epod. 1. 49. Some preferred thofe of BrunduGum ; and to fettle the dirTerence, oyders ufed to be brought from thence, and fed for fome time on the Lucrine lake, Plin. ibid. The Romans ufed to weigh their filhes alive at table ; and to fee them expire was reckoned a piece of high entertainment, Plin. ix. 17. f. 30. Senec. Nat. ^ iii. 17. & 18. The dilhes of the fecond table or the deflert, were called BELL ARIA •, ii:icluding fruits, poma vel inala, apples, pears, nuts, figs, olives, grapes ^ Pijlachia:, vel -a, Piilachio nuts ; amygduUy almonds ; uva pajpcy dried grapes, raifms ; chnca, dried figSy palmu/^ey carptiSy vel daclyli, dates, the fruit of the palm-tree; l^c'etiy mulhrooms, Plin. Ep. i. 7. nuclei pinei, pine-apples ; alfo fweetmeats, confetls, or confeclions, called Edtilia mellila vel dulciarin ; cupedia ; cvxijlulay lihuy placentay crtoliigaiiiy cheefe-cakes, or the like ; coptxy almond- cakes ;yrr7- bi'iitSy tarts, &c. whence the maker of them, tlie paflry-cook, or the confeilioner, was called Pijhr vel cond'ttor dulciariusy placentariuSy libaritis, crujlulariusy &c. There were various flaves who prepared the vidluals, who put them in order, and ferved them up. Anciently the baker and cook {pijlor et ccquus vel cocus) were the fame, Fefius. An expert cook wrs hired occafionally, Plant. Aul. ii. 4. 185. Pfeud. iii. 2. 3. & 20. whofe diftinguifh- ing badge was a knife which he carried. Id. Aul. iii. 1. 3. But after the luxury of the table was converted into an art, cooks were R6MAN Entertainments, ^ial.\\. 95. which when broken ufcd to be exchanged for brimftone-matches, (fuJphii- rata 1 amenta)^ Martial, i. 42. 4. x. 3. 'Juvenal, v. 49. of am- ber, fticclna, Id. ix. 50. of braf^, filver, and gold, fometimes beautifully engraved : hence called TOREUMATA, i. e. vafa jcviptd vei calatoy Cic. Verr. iv. 18. ii. 5 . Pif. 27. or adorned with fi^ures (figna \^\ftgilla) affixed to them, called CRUSTS or EMBLEMATA, Cic. Verr. iv. 23. Juvenal, i. 76. MurtiaU viii. 51.9. v\ hich might be put on and taken off at pleafure, {ex- emptilidy) cic. ibid 22. & 24. or with gems, fometimes taken off the fingers for thac purpofe, Juvenal, v. 41. hence called C ALICES GEMMATI vel aurum gemmatum. Martial. xiv. 109 Cups were alfo made of precious ftones, Virg. G. ii. ^06. of cryftal, Serec. ds Ira, iii. 40. of amethylt and murra or por- celain, [pocula muruna). Martial, ix. 60. 13. x. 49. Piin. xxxiii, 1. xxxvii. 2. &c. Cups were of various forms ; fome had handles, (axsje vel nasi), {■'irg. Eel. vi. 17. Juvenal, v. 47. ufually twifted, (TOR- TILES) Ovid. Ep. xvi. 252. hence called Calices Pterati, i. e. alati vel atifatiy Plin. xxxvi. 26. Some had none. There were flaves, ufudly beautiful boys, [pueri exit}tia Jacie Gell. XV. 12.), v/ho waited to mix the wine with water, and ferve it up ; for which purpofe they ufed a fmali goblet, cal- led CYA IHUS, to meafure it, Piuut. Per/, v. 2. i5. contain- ing the twelfth part of z fextarius, nearly a quart Englilli : Hence 'the cups were named from the parts or the Roman AS, accord- ing to the number of cyahi which they contained ; thus, sex- tans, a cup whicli contained two cyathi\ Triens vel Triental, four; QuADRANS, three, &c. Suet. dug. 77. Martial \\\\. 51. 24. ix. 95. xi. 37. PerJ. iii. 100. and thofe who ferved with wine, were faid Ad cyathos stare, Suet. Jul.^g. ad cyathum STATUi, Hor. Od. I. 26. 8 or Cyathissari, Plant. Men. ii. 2. 29. They alfo ufed a lefs meafure for filling wine and other li- quors, called LicuLA or Linguloy and ochleare, vel -ar, a fpoon, the fourth part of a cyathusy Martial, v. 20. viii. 33. 23. xiv. 121. The wine was fometimes cooled with fnow by means of a ftramer, Colum nivarium. Martial, xiv. 103. vel Saccus KiVARius, Id. 104. Thi.e Romans ufed to drink to the health of one another ; thus, 450 ROMAN ANTIQUITIES- thus, Bene mihi, Bene vocis, Sec. Plnut. Perf. v. i. 20. fometimes in honour of a friend or miftrefs, Ibid, i^ Herat. Od. i. 27. 9. and ufed to take as many cyathi as there were u letters in the name, Tibull. ii. i. 31. Mari'ud. i. 72. or as 1 they wiflied years to theni ; hence they were faid, Ad numc" rum bibere, Ovid. Fafi. iii. 531. A frequent number was three, in honour of the Graces ; or nine, of the Mufes, Ho*- rat. Od. iii. 19. 11. Aufon. Eidyll. xi. i. Tiie Greeks drank firft in honour of the gods, and then of their friends j hence Gr^co more bibi re, Cic. Fen: I. 26. et ibi Afcon. They, be- gan with fmall cups, and ended with larger, Ibid. They u- fed to name the perfon to whom they handed the cup ; thus, ij, pROPiNo TiBi, Sec Cic. Ttifc i. 4c. PJaut. Stich. V. 4. 26. Se 30. Ter. Etm. v. 9. 57. P^irg. jEn. i. yzS. Martial, i. 69. vi. . 44. Juvcna!. v. 127. A fkeleton was fometimes introduced at feafts in the time of drinking; or tiie reprefentation of one, (larva argentea)^ Petron. 34. in imitation of the Egyptians, Hercdot. ii. 78. f. 74. Plutarch, in cctiviv. Sapient. 6. upon which the mafter of the feaft, looking at it, ufed to fay, Vivamus, dum licet ESSE BENE, retrOtl. tb. Tint rt xai rtpxfv, iirc-iai yap a-ro^avuv tci9xjto(. Drink and be merry, for thus ihalt thou be after death, Hero' dot. ibid. The ancients fometimes crowned their cups with flowers, Virg. JEn. iii. 525. 'Tibull. ii. 5. 90. ' But coronare craier'a vel •vina, v. e. pocid::^ fignifies aUo to fdl with luine^ Virg. G. ii. ' 528. JEn. i. 724. vii. .47. The ancients at their feafts appointed a perfon to prefide, by throwing tlie dice, whom ti.ey called ARBITER BIBENDI, AlagijJerxcl Rexccnvivii^modiperatorxclincdiinperatory {cvfixoc-ixp- ' ;vrj-), dirtator^ dux, ftrategusy Sec. He directed every thing at pleafure, Horat. Od. i. 4. i8. ii. 7. 25. Cic. Sen. 14. Plaut. Stich. V. 4. 20. ' When no director of the feafl: was appointed, they were faid Culpa potare magijlro.y to drink as much .ts they pleafed, {ciilpabatur ille qui nndiuin biberci, exccfs only was blamed,) Horat. Sat. ii. 2. 123. borne read ci/ppa vel citpgy but impro- perly; for cupa fignifies either a large callc or tun, wliich re- ceived the mud ffu;ji the wine-prefs ; or it is put for copa vel caupa, a woman who kept a tavern, [qua cauponam vel taber* flam exerceret)y Suet. Ner. 27. or for the tavern itfclf ; whence jt was thought mean for a perfon to be fupplied with wine, or from a retailer, {de p'opolay vd prop ah,) Cic. Pif. 27. Suet. Claud. 40. During Roman Entfiitainments, i^c. 457 During the intervals of drinking thejr often played at dice, (ALEA), Phut. Cure. ii. 3. 7 5. of which there were two kinds, the tefftrx and taVi^ Cic. Sen. 1-6. The TESSERA had fix fides, marked I. II. III. IV. V. VI. like our dice : the TALI had four fides long vife, for the two ends were not regarded. On one fide was marked one point, (///;/V, an ace, called Canis ; on the oppofite fide fix, Semo, fice) j on the two other fides, three and four, {ternio et qmternio). In playing they ufed three teffers and four tali. They were put into a box made in the form of a fmall tower, (trait-necked, wider below than above, and fluted in ringlets, {hitiis gradus excifos habens)^ called FRITILLUS, pyrgusj tur- r.is^ turricida, phimiiSy orca, &c. and being lhaken,were thrown out upon the gaming-board or table. (FORUS, a/veus, vel tabula luforia aut aleat:)yia). The higheft or moft fortunate throw, {jaclus bolus vel manus^) called VENUS, or J.act,us *\'ENEREUs, .vel Basilicus, was, of the tejfera, three fixes ; of the tally when all of them came out different numbers. The word or lowelt throw, [jacJus pejjlmus \z\ damnofus), called CANES vel Catiiculay was, of the teffera^ three aces ; of the tali, wlien they were all the fame. The other throws were valued from their numbers, Cic. Divin.\. 13. ii. 21. & 59. Suet. '/ug. 71, Ovid. 'irt. Am. ii. 203. Tvift. ii. 474. Propcrt. iv. 9. 20. Plant. Afin.x. 2. 55. Hor. Sat. ii. 7. 17. Perf.Sat.in. 49. Martial, xiv. 1 4. &c. When any one of the tali fell on the end, {in caput)^ it was faid rectus cadcre vel n[ftj}ere^ Cic. Tm. iii. 16. and the throw was to be repeated. Tlie throw called Venus determined the dire£lion of the feafl, [Archipofta^ in compotatiitie princijiaius, magijleriunjy Cic. SeneiSt. 14. vel Regnum villi, Horat. Od. i. 4. 18.) While throwing the dice, it was ufual for a perfon to exprefs his wiflies, to invoke or name a nfiflrefs, or the like, Flaut.AJiu, v. 2. ^$. iv. i. 35, Captiv. i. 1.5. Cure. ii. 3. 78. They alfo played at odds or evens, (Par impar ludebant) Suet. Aug. 71. and at a game called DUODECIM SCRIPT A, vel Scriptiilay or bis fena punEiay Cic. Orat. i. 50. Non. Mar- cell, ii. 781. Quinctil. xi. 2. INIartial. xiv. 17. on a fquare ta- ble tabula vel a/veus), divided by twelve Jines, (linea vel /crip- ta)y on which were placed counters, (CALCULI, Latrones v. Latru'iculi), of diffcreiit colours The counters were moved ( promovebantur) according to throws {boli vel jaSfus) of the dice, z^ with. MS zt gamiTJon. The lines were interfe^led by a tranfverfe line, called Linea Sacra, which they did not pafs 3 M * withouj r 45^ ROMAN A NT I QJJ I TIES. ■without being forced to it. When the counters had got to ths laft line, they were faid to be indti vel imir.sti, and the phyer ad ificjtas \e\ -a redaSIusy reduced to extremity* Plant. Pan, iv. 2. 86. Trin. ii. 4. 136. imam- col cem nnn poffe rieref'i. e. li- ■rtum cctlculum movere, not to be able to ftir, Ih. In this game there was room both for chance and art, Ter. Ad. iv. 7. 21. Onud. Art. Am. ii. 203. iii. 363. An/on. Prof. i. 25. Martial, vii. 71. XIV. 20. Some exclude the tali or tejfera from this game, and make it: the fame with chefs among us. Perhaps it was played both ways. But feveral particulars concerning the private games of the Romans are not'afcertained. All games of chance were called ALEA, and forbidden by the Cornelian^ Publician, and Titian laws, Herat. Od. iii. 24, 58. except in the month of December, Martial, iv. 14. 7. V. 81;;. xiv. I. Thefe laws, however, were not ftridlly ob- fcrved. Old men were particularly fond of fuch games, a^ not requiring bodily exertion, Cic. Sen. 16. Suet. Aug. 71. 'Juvenal, xiv. 4. The character of gameflers (ALEATORES vel akones') wa^ held infamous, Cic. Cat. ii. ic. Phil. ii. 27. Auguftus ufed to introduce at entertainments a kind of diverfion, fimilar to what we call a lottery •, by felling tickets, (fortes), or fealcd tablets apparently equivalent, at an equal price; which, when opened or unfealed, entitled the purcha- fers to" things of very unequal value, {res inaqualifpwx) : as fot inftance, one to 100 gold pieces, another to a pick-tooth, [dentif-' talpium)y a third to a purple robe, &c. in like manner, pic- tures with the wrong fide turned to the company, [nverfas ta- bularum piEluras in convivio venditare folelni), fo that, for the fame price, one received the picture of an Apelles, of a Zeu-r xis, or a Parrhafius, and another the firil efiay of a learner, Suet. Aug. 75. So Heliogabalus, Lamprid. in vita ejus^ 21. There was a game of chance, (which is Hill common in Ita- ly, chiefly, however, among the vulgar, called the game of .Morra)y played between two perfons by fuddenly raifmg or compreffing the fingers, and at the fame inftant guefling each at the number of the other ; when doing thus, they were faid MlCARE DiGiTis, Cic. divin. ii. 41. Off. iii. 23. Suet. Aug. 13. As the number of fingers ftretched out could not be known in the dark, unlefs thofe who pLn-ed had implicit confiileiice in one ?.nother ; hence in nraifmc: the virtue and fidelity of a man, Rites of Marriage. 4591 he, was fald to be Dignus quicum in tenebris mices, C/c. Off. iii. 19. F'm, :i. 16. i'. 52. The Romans ended their repafts in the fame manner they began them, by libations and prayers, Ouid. FaJ}. ii. 635. The guells drank to the health of their ho(t, and under the Cxfars, to that of the emperor, Ibid. etPetrou. 60. When a- bout to go away, they fometimes demanded a parting cup, iii honour of Mercury, that he might grant them a found fleep. Martial. Delphin. i. 72. I'he mailer of the houfe, fheruSy dominus^ parochus^ ccenet mngijhr, convivator^ Hor. Sat. ii. 8. 35. Martial, xii. 48. Gell. xiii. II.) ufed to give the guefts certain prefents at their de- parture, called Apophoreta^ Suet. Aug. 75. Cal. 55. Vefp. 19. Martial, xiv. i. Petron. 60. or XENIA, which were ibme- times fent to them, Plin. Bpift. vi. 31. Vitruv. vi. 10. Martiah xiii. 3. Xknium is alfo put for a prefent fent from the provin- ces to an advocate at Rome, Plin. Ep. v. 14. or given to the governor of a province, Digej}. The prefents ^iven to guelts being of different kinds, were fometimes diitributed by lot, Martial, xiv. i. 5. — 40. 144. 170. or by fome ingenious contrivance, Petron. 41. III. ROMAN RITES of MARRIAGE, A Legal marriage (juflw.n matrimonium ) among the Ro= •*■ -*■ mans, was made in three different ways> called nfuSj ccn- farreatio^ and coemptio. 1. USUS, ufage or prefcription, was when a woman, with the confent of her parents or guardians, lived with a man for a whole year, (matrimonii cat/fd)^ without being abfent three nights ; and thus became his lawful wife or property by pre- fcription, fufu capta fuitjy Gell. iii. 2. If abfent for three nights, ( trinoclium Jf (lie was faid ejfe ufurpata, or ejfe ufurpa-' iuiriy ic. fuui7j jusj to have interrupted the prefcription, and thus prevented a marriage ; Ufurpatio ejl eniui ufucaplonis inter" ruptio, Gell. iii. 2. D. 41. 3. 2. See p. 54. 2. CONFARREATIO was, when a man and woman were joined in marriage by the Po/iiife^ Maximusy or Flamen Dialis, in prefcnce of at leatl ten witneffes, by a fet form of words, 3 M ^ ' and 46o ROMAN ANT IQj:jIT I ES. and by tnfting a cake made of fait, water, and flour, called FAR, or Panis Farreus, \&\ Fatnum Hbum ; which wa3 offered with a fheep in facrifice to the gods, Dicny'. ii. 2:;. Serv. ad. FIrg. G. i. 31. J^ri. iv. 104. PJin. xviii. 2. This was the moll; folemn form of marriage, and could' onlv be diflblved by another kind of facrifice, called DIFFAR- REATlO, Fejlt/s. By it, a won-ian was faid to come into the pofTefTion or power of her hufband, by xht f^cred laws, ^y.a.Ta vo/tuf hfvg avSpi ll:ance and fa- cred rites j thofe of the Penates as well as of the Lares, (See p. 285.) If he died inteflate, and without children, fha in- herited his whole fortirne as^ a daughter. If he left ci'iildrenv ibe haci an equal fhare with th;ini. if fhe committed any fault, the hufband judged of it in company with her relatioi's, and punifned her at pleafure, Dionyf. ii. 25. Plin. xiv. 13. Suet, ^ib. ,5. Tacit. Ann. xiii. 32. The punifhmetit of women publicly condemned, was fometimes alio left to their relations, -^ Liv. xxxix. 18. Val. Alax. vi. 3. 7. The children of this kind of marriage were called P ATRIMI et MAT RlMI, Serv. ibid, often employed for particiilivr pur- poles in facred folemnities, Liv. xxx\ii. 3. Cic. Refp. H^ir. ly, Tacit, riijt. iv. 53. Certain priefts were chofen only from a- niong them ; as the Fiamen of Jupiter, Tacit. Annal. iv. 16. and the Velf al Virgins, GV/A i. 1 2. According to FeJIusy thoftf were fo called, wnofe parents were both alive: If only the fa- • tlier was alive, Patrimi, vel -es -, if only the mother, n:aJriwif '' vel 'es. Hence Alinerva is called Pa trim a virgo, Catull. i. 9. becaufe llie had no mothei*; and a man who had children,, while his own father was alive, Pater patrimus, Fejlus. This ceremony of marriage in later ttmes fell much into dif- ufe. Tacit. Annal. iv. 1 6. Hence Cicero mentions only two kinds of marriige, Usus and coemptio, pro Fiacc. 34, 3. COFlVir ilO was a kind of mutual purchafe, [grnptio veuditio)y when a man and woman were married, by deliver- ing to one another a fmall p;ece of money, and repeating cer- tain words, Cic. Orat. i. 57. The man afktd the woman, If llie was willing to be the miflrefs of his family, An sibi ma- ter FAMiLiAs t SSL VELLtT .'' She anfwercd. That ilie was, St VFLLE. In the fame manner, the woman afked the' man, and he made a fimilar anfwer, Bceth in Cic. Topic. 3. The effetlsof this rlrt were the fame as of the former. The woman was to the hufband in the place of a daughter ; and he to Rites of Marriage. 462 to her as a father, Zerv. in Virg. G. i. 31. She aflumed his name, together with her own ; as, Hntonia Drujt^ Dom'itia Bibuli^i^'c. She refigned to him all her good-3, Ter. Andr.'x. 5. 6 1 . Cic. Top. iv. and acknowledged him as her lord and mailer, (DoMiNUs), yirg. /Efi. iv. 103. 214. The goods which a womau brought to her hulband, befides her portion, were called PA- RAPHERNA, -orum, o? bona paraphernalia. In the firltdays of the republic, dowries were very Imall ; that given by tho lenarc to the daughter of Scipio was only 1 1,000 affes of brafs, L. 35 : 10 : 5 J and one Megullia was firnamed DoxATa, or the greatfortune, becaufe flie had 50,000 ajj'csy i. c.L. 16 1 ; 7 : 6, Val. Alax. iv. 4. 10. But afterwards upon tlie increal'e of wealth, the marriage-portions of women became greater, De^ cies cetitetWy ix.,jejiertia^ L. 8072 : 18 : 4, Martial, ii. 65. 5. xi. 24. 3. Juvenal, vi. J36. the ufual portion of a lady of Senato- rian rank, Juvenal, x. 355. Some had ducenties^ JU 161,458, 6 s. 8d. Martial. \. 38. 34. Soraelimes the wife referved to herfelf {^recep'Uy Cic. Orat. ii. ^5. Topic. 26. velexcepity i. e. in ufum fuiim re/ervavit) 3. part of the dowry ; hence called Dos recepticia, DIGEST. and a flave, who was not fubjetSt to the power of her huiband, Sf^Rvus RECEPTicius, Gelt. xvii. 6. or dotalis, Plaut. A* ftti.y 1. 7-. Some think that coempiio was ufed as an accelTory rite tofcjw- farrcatioy and retained when the primary rite was dropt j from Cic. Flacc. 34. The rite of pur chafe in marriage was not peculiar to the Ro- mans ; but prevailed alfo among other nations ; as the He- brews, Gen. xxix. i§. i Sam. xviii. 25. the Thracians, Xe- noph. /j'nab: vii. Herodat. Terpftch. init. the Greeks, E.trip. Med, 232. the Germans, Tacit, de rnor. G. t8. &c. the Cant^bri'ivi Spain, Sirab. \\i. 165. So in the days of Homer, Od^ff. viii. 317. to which Virgil alludes, G. i. 3 i. Some fay, that a yoke [/ugian), ufed anciently to be put on a man and woman about to be married ; whence they were called coNjUGES, Serv. in Virg. /En. iv. 16. But others think this exprelBon merely metaphorical ; as, Horat. Od. ii. 5. Plant, Cure. I. I. 50. A matrimonial union betwixt flaves was called CONTU- BERNIUM-, the Haves them.felves Contubehnales, (See p. 46.) or when a free man lived with a woman not married, (CoNcuBiNATUs), Suet. Vcfp. 3. in which cafe, the woman was called CoNCUBlNA, Cic.de Orat. i. 40. Pelllaca, Snet. Fijp» • 21. or Pel LEX, qua propriefuit ehis, qui tixorem habere: yVc^^ns, Plaut, 452 ROMAN ANTIQUITIES. Plaut. Rud.v. 4. 3. Gell. iv. 3. thus, Phi.LEXREGiN.ffi, Suet, Ctf/I 49. FiLlJE, Cic. Cluent. 'jO. Juvenal, ii, ^j. Sororis, Ovid. Met. vi. 537. Epiji. ix. 132. J^vis^ i. e. lo, //'. xiv. 95. et alibi pnjftm. Married women were called Matron is, or mairesfamiliasy Gell. xviii. 6. oppofed to vteretrires, projiituta., fcorta, &c. There could be no jud or legal marriage {\^VjVTlM,juJium matrimcfjiuiiffContiubium^ cotijujurn, \c\ confortluDi, \. e. cjdem fortufia aut conditio^ for better, for worle), uiilefs between Ro- man citizens; Non rrat cum externo connubium, Se^.ea Ben. iv. 35. without a particular permiflion for that purpofe, obtained firft from the people or Senate, and afterwards from the Emperors, Liv. xxxviii. 36. UJphni. Fragm. v. 4. Ccnjuge barbnrd TVKVis maritus vixit, Horat. Od. iii. 5. 5. Anciently^ a Roman citizen was not allowed even to marry a freed wo- man, Liv. xxxix. 19. hence Antony is reproached by Cicero for having married Fulvia, the daughter of a freed man, P/if/i ii. 2. iii. 6. as he afterwards was dcteiled at Rome for marry- ing Cleopatra, a foreigner, before he divorced Oclavia ; but this was not efteemed a legal marriage, Plutarch in Anton. By the LexPapia PoppjEa, a greater freedom was allov/ed* Only fenacors and their fons and grandfons were forbidden to marry a fr^ed-v/oman, an aclrefs, or tiie daughter of an actor, Dio.Xvi. 16. But it was not till Caracalla had granted the right of citizcnfhip to the inhabitants of the whole empire, that P.c-=- mans were permitted freely to intermarry with foreigners. The Romans fometimes prohibited intermarriages between neighbouring diftrids of the fame country, L/"j. viii. 14. ix. 43. xlv. 29. and what is ftill more furprifmg, the States of Ita- ly were not allowed to fpeak the Latin language in public, nor their criers to ufe it in auctions, without permifhon, Lii). xl. 42. The children of a Roman citizen, whetlier man or woman, and a foreigner, were accounted fpurious, and their condition little better than that of Haves, liv. xliii. 3. They were called HYBRIDS or lhrU<£, vel -des, Horat. Sat. i. 7. 2. Suet. Aug. 10. the general name of animals of a mixed breed, or produ- ced by animals of a different fpecies, mongrels f [animalia am- higena, vel bigenera, miijitnonesy Uinbri, Sec.) as a mule, from a horfe and an afs -, a dog from a hound and a cur, (canis ex venaticd et gregario ), Plin. viii. 5. hence applied to thofe fprung from parents of different nations, Hirt. df bell. Afr. 1 g\ Martial. vi. 39. viii. 22. and to words comipcunded fro^n different lan- guages. The children of a lawful marriage were called LEGITIMI ; all & Rites of Marriage. 463 ali others illegitimi. Of the latter, there were four kinds : Naturales, ^.v concuhina ; Spurii, e:^ meretrlse vel fcorto et incerto paire; Plutarch. Qj^Rom. loi. Adulterini et inces- Tuosi. There were certain degrees of confanguinlty, within which marriage was prohibited, as between a brother and fif- ter; an uncle and niece, &c. Such connection was called INCESTUS, -us, vcl-r<;;?, Suet. Cl. 26. Ner. 5. Tacit. Ann. xii.4.5. &8. or with a Veftal Virgin, Suet, Domit.S. Thefe degrees were more or lei's extended, or contracled at different times, Plutarch, ^iccfi. Rom. 6. Tacit. Ann. xii. 6. 7. Liv. i. 42. & 46. xlii. 34. Suet. Aug. 6-^^. Claud. 26. Polygamy, or a plurality of wives, was forbidden among the Romans, Suet. Jul. 52. Cic. dc Orat. i. 40. The age of puberty or marriage was from fourteen for men, and twelve for girls, Fejlus. A cuilom prevailed of efpoufing infants, to avoid the penal- ties of the law againli bachelors ; but Auguitus ordained, that no nuptial engagement fhould be valid, which was made more than two years before the celebration of the marriage ; that is, below ten. Die. liv. 16. Ivi. 7. Suet. Aug. 34. This, however, was not always obferved, /. 17. Digejl. xxiii. ///, i. de Sponfal. No young man or woman was allowed to marry witliout the confent of their parents or guardians, Cic- Flacc. 35. Hence a father was faid fpondere^ vel defpondere fiUam ■aMX.fi- Uuniy Cic. Att. 1. 3. Ter. And. i. i. 75. Tacit. Agric. 9. add- ing thefe words, Qu^ res recte vert at j or, Dii bene VERTANT, Plant. Aui. ii. 2.41. & 49. ii. 3. 4. '1 here was a meeting of friends, ufually at the houfe of the woman's father, or nearefl relation, to fettle the articles of the mariiage-contraft, which was written on tables, [legitima: ta- belU), and fealed, Juvenal, ii. 119. vi. 25. & 199. x. 33(5. This contradi was called SPONSALIA, -oruni, vel -ium, e- fpoufals ; the man who was b^'troihed or affianced, ."^PON- SUS i and the woman SPONSA, Gell. iv. 4. Suet. Aug. 53. Cl. 12. or PACTA, Plant. Pan. v. 3. 38. Trin. ii. 4. 99. as before, SPERATA, Id. Amphit. ii. 2. 44- and SPERATUS, 0^"* im:ti-ivio7iium dare, to marry a daughter, or difpofe of her in marriage. Her hair was divided into fix locks with the point of a fpear, Plui. in Romul. et ^i. 365. Horat. Od. i. 28. 23. ScT,6. and v.-hoevcr ncgle^t- eJ to do fo, was obliged to expiate his crime, by facrlficing a hog to Ceres, Fejiits in PRiEciDANEA agna : Hence no kind of death was fo much dreaded as fhipwreck, Ov. Trlf}. i. 2. 5 I. Hence alfo, Rite condere manes^ to burv in due form, Plin. Ep. vii. 27. Condere animam feptilchro^ Virg. ^n. iii. 68. See Plant. MoJJ. it. 2. 66. Suet. Cal. 59. and to wanr tlie due rites was efleemed thegreatefl misfortune, Ovid. Ep. X. 119. When perfons were at the point of death, their neareft re^ lation prefent endeavoured to catch their laft breath with their mouth, [extrciniitn fpiritiim ore exctpere)^ Cic. Ver. v. 4:;. Virg. I}Lx\. vi. 684. for they believed that the foul or living principle (ANIMA) then went out at the mouth: Hence the foul of an old perfon [anima fenilis') was faid in primis lahris ejjey Senec. Ep. 30. or in ore prima teneri^ Id. Here. fur. 13 10. fo AN IMAM ngere, to be in the agony of death, Liv. xxvi. 14. Cic. Fatn. viii. 1 3. Tufc. i. 9. Senec. Ep. 10 1. /Unimnm dare, efflare, exhalnre^ exfpirare, effunderey ilfc. to die. They now alfo pulled ofF their rings, Suet. Tib. 73. PUn, xxxi. I . which feem to have been put on again, before they v/ere placed on the funeral pile, Propert. iv. 7. 9. The neareft relation clofed the eyes and mouth of the de- ceafed, P^irg. JEn. ix. 487. Ovid. Her. i. 102. & 113, ii. 102. X. 120. Lucan. iii. 740. probably to make them appear lefs ghaftly, ^uet. Ner. 49 The eyes were afterwards open- ed on the funeral pile, Plin. xi. 37. f. 55. "When the eyes were clofed, they called [inclamabant) upon the deceafed by name feveral times at intervals, Ovid. Trijl. iii. 3. 43. re- peating AVE or VALE, Catull. xcviii. 10. Ovid. Met. x 62. FaJ}. iv. 852. whence corpora nondum conclamatay juft expi-» ring, Lucan. ii. 23. and thofe who had given up their friends for loft, or fuppofed them dead, were faid eo- conclamavijfe^ liiv iv. 40. fo when a thing was quite defperate, Concla- MATUM EST, all is over, Ter. Eiin. ii. 3. 56. The corpfe was then laid on the ground, Ov. Trijl. iii. 3. 40. Hence DEPO>iriTS; for in ultimo pofUuSy dcfperata fa^ Intisy defperate, dying, paft hopes of recovery. Id. ex Pont, ' ii. 2. 47. TriJl. in. 3. 40 Vi^'g^ ^n. xii. 395. Cic, Verr. \. 2. or from the ancient cuftom of placing fiek perfons at the gate, to fee if any that pailed had ever been ill of the fame difeafc, and what had cured them, Serv. in Virg. JEn. xii. 393-. ^trab. iii. p. 155. xvi. 746. Hcrodot. i. 197. Hence Depq- NERE aliquem vinoy to intoxicate, Plant. Jul. iii. 6. 39, Po" 472 ROM AN ANTIQJJITIES. ftii artuSf dead, Ovid. Her. x. 122. fo compofttus vhiofo.uns' qi.e^ overpowered, Ovid. Jinor. i. 4. 51. ii. 5. 22. The corpfe was next bathed whh warm water, and anoint- ed with perfumes, Virg. .En. vl. 2 i o. Ovid. ib. Pliiu Epijl. V. f6. by Haves called POLLING lORES, [quafi pelll^i unc- tores), Plant. Jifin. v. 2. 60. I'csn. prol. 6:5. belonging to thofe who took care of funerals, (Lir-ITiNARIl), ^enec. d.t henef. vi. 38. and had the change of the temple of Venus Icbitina^ where the things requifite for funerals [necejpiria fu neribus) were fold, Pluturch. Rom. quajl. R. 23. Liv. xli. 2r . Hence V':tare Libiiinam, rot to die, Horat. Od. iii. 30. 6.. Mirari nihily nifi quod Lihitina facravity to admire no body till after his death, Id. Ep. ii. 1. 49. Libitinam evadere, to efcape dtath, Juvenal, xii. 122. Libitina is a!fo put for the funeral couch. Martial, viii, 43. 4. Jicron. in Hor. Od. iii. 30. 6. In thi? temple was kept an account {ratio vel epheineris) of thofe wl.*.- died. Suet. Ner. 39. for each of whom a certain coiij was paid, Dionyf. iv. 15. heiice A id urn t. v. :f que gravisy Libitince qiKtJlus acerba^ becaufe autumn being unhealthful ufually occaGoned great mortality, Horat. Sat., ii. 6. 19. So Pl:,fdr. iv. 19. 25. The money paid for the liberty of burial and other expen- cesj was called ARBITRIUM, oftener plur. -^, Cic. poft. red. in Sen. 7. Dom. 37. Pif. 9 io arbitriuvi ve/idendi falis, the monopoly of fair, Liv. ii. 9. Tlie body was then dreflcd in the beft robe which the de- ceafed had worn when alive, Firg. j^n. ix. 488 Ordinary citizens in a white trga^ Juv. iii. 172. Magiftrates in their pratexta^ &C. and laid [componebatur vel csllocabatur) on a couch in the veftibule, [locus vacuus ante januani domus^ per quejn a via ad ^des itur^ Cell. xvi. 5.) with the feet outwards, as if about to take itslaft departure, Ov. Met. ix. ^02. Tacit, yigric. 45. Senec. Ep. 12- brev. wt. 20. Suet, Aug. 10 1. Per/. iii. 104. Hence componere^ to bury, Horat. Sat. 1.9. 28. Ov, Fajl. iii. 547. v. 426. Tacit. Hift. \. 47. Then a lamentation was made. Hence Sic pofttum a ffati difcedite corpus y Virg. .'En. ii. 64 A. The couch was fometimes decked with leaves and flowers, Virg. .£/;. xi. 66. Dionxf. xi. 39.-the beditead of ivo- ry. Prop. ii. 10, 21. If the deceafed had received a crown for his bravery, it was now placed on his head, Cic. de legg. iJ. 24. Plin. XXI. 3. A fmall coin triens vel obelus was put in his mouth, wliich he might give to Charon, {Portitor vel Porth^ meus^ the ferryman of hell) for his freight, Juven. iii. 267. Hence a perfon wlio wanted this and the other funeral obla- tions Funerals. 473 ttons WIS faid Abiijp ad Acheruntem Jine vlat'ico ; for without them it was thought that fouls could not purchafe a lodging or place of reft, {nufquam pojj'e divert i), PLiut. Pocn. prol. 71. A branch of cyprcfs was placed at the door of the deceafecj, at leaft if he was a perfonof confequence, Lucan. iii. 442. Fc:ff ius, Hjrat. od. ii. 14. 23. PUn. xvi. 3;:;. to prevent the Ponti- fex Alax'imus from entering, and thereby bi:'ing polluted, Seru. ad Virg.^'En. iii. 64. iv. 507. for it was unlawful for him no't only to touch a dead body, Dio. Ivi. 31. but even to look at it, Senec. Marc. 15. /(^. liv. 2.8. Tiiis tree was facred to Pluto, faecaufe when once cur, it never grows again, called atra^ fe^ rails, funereavcXf unebt is y from its being ufed at funerals, Ihld. The Romans at fir it ufually interred [humabaut) their dead, wliich is the moft ancient and moll natural method, Cic. de legg. ii. 22. FUn.\n. 54. Genef. iii. 19. They early adopted thecuf- tom of burning {cremandl^ vel comburendi) from the Greeks, Plutarch, in Nunia^ which is mentioned in the laws of Numa, and of the twelve tables, Clc. ibid, but it did not become gene- ral till towards the end of the republic. Sylla was the firfl of the Patr.cian branch of the Gens Cor' tiella that was burnt •, which he is fuppofed to have ordered, left any one fliould dig up his body, and diflapate his remains, as he did thofe of Marius, Cic. PUn. ibid. Pliny afcribes the fir ft inftitution of burning among the Romans, to th-iir ha- ving difcovcred that the bodies of thofe who fell in diftant wars were dug up by the enemy, Ibid. It appears, however, to have prevailed at an early peiiod, Dlor.yf. v. 47. and 48. The wife men among the Indians, called Gymnosophist^, commonly burnt th^mfelves alive, PUn. vi. 19. f. 22. as Calanus, in pre- fence of Alexander, Cic. Tufc. ii, 21. Zarmarus, at Athens, while Auguftus vi^as there, Dio. liv. 9. Under the Emperors, the cuftom of burning became almoft univevfal, Tacit. Ann. xvi. y. but was afterwards gradualiydropt u^on the mtrodufition of Chriftianity, fo that it had falLn nito difufe about t'ne eiid of the fourth century, M^icrob. vii. 7. Chil Iren before they got teeth, were not burnt, PUn. vii. 1 5. f. 16 Juvenal, xv. 140- but buried in a place c.dled SXJGGRUN- DAJR.IUM, Fulgent de prifc^ ferm. 7. So likewifc perfons ftruck with lightning, (fulguriti) Plin. ii. 55. Senec. de ir. iii. ?3' Qii* '^'^^- ii- 21. were buried in the fpot where they fell, called BIDENTAL, becaufe it was confecrated by facriticing ftieep (^n/^/z/tj-), Perf. ii. 27. Lucan. i. 606. viii. 864. Feft, Gell. Jtvi. 6, It was enclofed with a wall, and no one was allowed to 3 O tread 474 ROMAN ANTIQUITIES. tread upon it, Ibid. To remove its bounds, [movere hidentjl)^ was efteemed facrilege, Horat. art. p. 471. The expreffions, SEPELIRE, Sepu'.turat and Bepukhnnriy are applied to every manner of difpofmg [cDndendi) of a dead body, Plin. xvii. 54. Ci. Tufc. i. 45. So alfo HUMARE, &c. Cic. /egg. n 22. Nep. Eumen. 13. JUS TA, exfequij:^ vdfiinus, funeral obfequies or foleranities; Hence. ]vsr a fimelfridy Juf" iafuncrum vel exeqnianim^ et jujla fumra alicui f^ce^e, folvere^ vd perfolverei Cic. Flacc. 38. Legg. ii. 17. Liv. i. 20. Salluft, Jug. II. Ccef. B. G. vi. 17. Rcddtte jufta funen ; Plin. x. 2. But EXSEQUIiE properly denotes the funeral procelTionj {oficium exJequiaruiHy v. pompa funebris). Hence ExsiiQuiAS (inrerey dediicerey cotnitariy frequentarcy projeqid, &c. to attend the funeral, y//«^r/ intsrcjfey Tacit. Ann. ii. 32. xvi. 6. 7. 21. Suet. Tib. 32. Ter. And. i. 100. Of funerals, there M'ere chiefly two kinds, public and private. • The public funeral was called INDICTIVUM, (ad quod per pfixccnem homines evocaOantur )y becaufe people were invited to it by a herald, Cic. dom. 18. [See p. 177). Of this kind the rnofl remarkable were Funus CTfNSORIlJiM, Tacit. Ann. iv. 15.xiii. 2. Dio. liii. 3c. liv. 28. inclndnig /}///«/ ccnfularey pne- isriufji, triuinph'tlei &c. PUBLICUM, when a pcrfon was buried at the public expence, Tacit, -^nn. iii. 48. vi, i r. Suett Vit. :. and CoLLATivuM, by. a public contribution, Liv. \L 33. Fal. Jllcx. iv. 4:i,P/i;tr,rL.b in Prp.'ic. (See. p. 145). Au- guflus was very liberal in granting- public funeials, {Sri^o^ixi rafai.J as at firfl in conferring the honour of a triumph, Dio. liv. I2i There was alfc a military funeral performed at the public ex- pence, Liv. lii. 43. A private funeral was called TACI TUINI, Scr.ec, de. tmnq, \. Ovid. Triji. i. 3. 22. Translatitium, Stici. Ner. 3^. Plebeium, Propert. ii. 19. 25. Gomi^UNE, Jiifon. Parent, x. 5. and VULGAP.E, Cnpiio'iin. in Aiilon. Pkil. 13. The funeral of thofe who died in infancy, or under age, was called ACERBUM, or Immatuvnmy Virg. .En. vi. 429. Juvenal, xi. 44. Senec. ep. 123. or Exseqit'JE immattjr^. Id. tranq.anitn. i. ti. li\x\.fiinus acerbum. is applied by fome only to infants, and immaturum to young men. Such were buried fooner than grown perfons, and with lefs pomp, Cic. Cluent. g. Tacit. Ann. xiii. 1 7. Suet. Ner. 33. Funcra puero* turn ad faces et ccreos duciay Senec. brev. vi. 20. Ep. i 2 2. When a public funeral was intended, the corpfe was kept u- fually for feven or eight days, Serv. in Virg.v. 64. vi. 2 1 8. witha keeper Funerals. 475 keeper fet to watch it, Id. xi, 30. and fometlmes boys to drive away tiie flies, X'iphiUn. Ixxiv. 4. When the funeral « as pri- vate, the body was not kept fo long, Cic. Cluent. p, Suet. 0th. 1 1 . Tacit. Attn. xiv. 5). On the day of the funeral, when the people were aflembled, the dead body was carried out with the feet foremoft, (pedibtts effcrebatur^ Plin. vii. j. f. 9.)on a couch, covered with rich cloth, (Jiragula veftis,) with gold and purple, Suet. Jul. 84. fupported commonly on the flioulders of the neareft relations of the deceafc'd, P////. vii, 44. Juvenal, x. 2^g. f^al. Max. v'li. I. or of his heirs, Herat. Sat. ii. 5. 86. fometimes of his freed- men, Per/, iii. 106. Julius Cxfar was borne by the magi- ftrates, Suet. 84. Augultus by the fenators, Id. 10 1. and Germanicus by the tribunes and centurions, 'Tacit. Ann. iii. 2. So Drufus, his father, who died in Germany, by the tribunes and centurions to the winter- quarters ; and then by the chief men in the different cities, on the road to Rome, Dio. Iv. 2. Suet. Claud, i. Paulus -'>. Orciniana sponda, Martial, x. 5. 9.) ufually by four bearers, called VESPILLONES, vel Vefpte^ (quia vefpertino tempore mortuos efferehant)^ Feftus, Suet. Dom. 17. Eutrop. vii. 34. Martial, i. 31. and 48. Sandanapilones, vel -^nVj and in later writers, Lecticarii. The funeral couches (LECTIC^, leBi^ vel tori) of the rich feem alfo to have been borne by Vefpillones, Nep. Att. 22. Gell. X. 3. Hence a couch carried by fix was called Hexaphorum, Martial, ii. 81. vi. 77. 10. and by eight, Octophorum, ix. 3, I), or LeEiica otfcphtros ; as the ordinary couches or fedans ufed in the city, or on a journey, were carried by flaves, called Lecticarii, Cic.Verr.x. 11. Fam.'is. 12. P/6//. 41. Thefe couches were fcmetlmes open, and fometimes cover- ed, Ibid. The general name of a bier was FERETRUM, Virg. JEn, vi. 222. xi. 64. 149. Stat. Thtb. vi. 55. Ovid. Met. xiv. 747. or CAPULUS, vel -um [quod corpus capiat), Serv^ in Virg. xi. 64. Fejlus : Hence capularisy old, at death's door, Plant. Mil, iii. 1.34. Capiili decusy Afin. v. 2.42. Some make j(^A-^/r«;» :: O 2 to 4j6 ROMAN ANTIQUITIES. to be the fame with te^ns .- others that on which the couch was fupported, Farr. de L. L. iv. 35. Children who died before they were weaned, were carried to the pile by their mothers, St.it. Sylv. v. 5. 15. Ovid. Ha: XV. 1 15. All funerals vifed anciently to be folemnized in the night- time with torches, that they mieht not fall in the way of ma- giftrates and priefts, who were fuppofed to be violated by fee- ing a corpfe, fo that they could not perform facred rites, till they were purified by an expiatory facrihce, Serv. in Virg- xi. 143. Donat. Ter. Jiid.i. I. 81. Thus, to diminifli the ex- pence of funerals, it was ordained by Demetrius Phalereus at Athens, Cic. de /egg. ii. 26. according to an ancient law, which feems to have fallen into defuetude, Demof.h. adv. Macartatumy p. 666. Hence FUNUS, a funeral, {romfunes accet^fiy Ifid. xi. 2. XX. 10. or funalia, funales cerei, ceveit faces ^ vel candela^ torches, candles, or tapers, originally made of fniall ropes or cords; ffums, \t\fun;(ulij) covered with wax or tnllow, (Jevum vel fchum^) Serv. ibid, et &i\. i. 727. Val. iSlax. lii. 6. 4. Varr. de vit. pop. R. But in after aj;es, public funerals (funei-a itidicliva) were ce- kbrated in the day-time, at an early hour in the forenoon, as it is thought from Fluiarch. in SylLfn. witli torches alfo, Serv. in Firg. JEn. vi. 224. T-ocit. Ann. iii. 4. Private or ordinary funerals (tacita ) were always at night, Fcjl. in Vespillones. As torches were ufed both at funerals and marriages, Ovid, ep. xx\. 172. hence inter uiramque faceniy for inter nuptias et J'unuSy Propert. iv. 12. 4^. Et face pro thalamiy fax mihi vicrtis ade^t Ovid. tp. xxi. 172. The order of the funeral procefhon was regulated, and eve- ry one's place afligned him, by a perfon called DESIGN ATOR, an undertaker or mafter of ceremonies, {dorninus funeris^) at- tended by Li£lors, drefled in black, Herat, cp. i. 7. 6. Cic. Att. iv. 2. /egg. ii. 24. Firfl went muficians of various kinds; pipers, (Tieicikes, Ovid. Pof. vi. 66o. vel Siticines, Cell. xx. 2.) trumpeters. Per/. iW. 103. Serv. in Firg. x\. 192. and cornetters, Horat^ Sat. i. 6 43. then mourning women, (PR^FICA"-, qu£ da- hant cateris modunt plangendi), hired to lament, Fefus\ Ltici/. 12. Horat. .■iW. 431. and to fing the funeral fong, (NjEiSIA vel Lessus), or the praifes of the deceafed, Plant. True. ii. 6. 14. iv 2. 18. to the found of the flute, Cic. Itgg. ii. 24. ^iinnil. viii. 2. Beys and girls w^ere fometimes employed fcr Funerals. 47;^ for this laft purpofe, Suet. Aug. 10 1. As thefe praifes were of- ten unmerited and frivolous ; hence nug£ is put for N^NiiE, Plant. Jftti.'iv. 63. and Lcxidiay res inaties etJrivoU, for voces pr^Jicayumy Gcll. xviii. 7. The flutes and trumpets ufed on this occafion were larger and longer than ordinary, Ovid. Am. ii. 6. 6. of a grave dif- mal found, Stat. Theb.y. 120. By the law of the twelve tables, the number of players on the flute at a funeral was re- ftricl:ed to ten, C\c. legg. ii. 24. Ovid. Faft. vi. 664. Next came players and bufloons, (Ludii vel hijinonesy et fciirra,) who danced and fun;^, Dionyf. vii. 72. Suet. 'Tib. 57. One of them, called ARCHIMIMUS, fupported the charac- ter [perfcnam agebat) of the deceafed, imitating his words and actions while alive, Stiet. Vefp. 19. Thefe players fometimes intronuced apt fayings from dramatic writers, Suet. def. 84. Then followed the frced-men of the deceafed, with a cap on their head, fpi/eatij, Cod. de Lat. libert. Liv. xxxviii, 55. Dicnyf. viii. Some mafters at their death freed all their flaves, from the vanity of having their funeral procefllon attended by a numerous train of freed-men, Dionyf. iv. 24. Before the corpfe were carried the images of the deceafed, and of his anceftors, Cic. Brut. 34. Alii. xiii. 32. Herat, epod, viii. 1 1. Val. Max. viii. 15. I. Pliii. xxxv. 2. on long poles or frames, Sil. x. 566. in the fame form and garb as when alive, Pclyb. vi. 51. & 52. but not of fuch as had been condemned for any heinous crime, Tacit. Ann. ii. 32. iii. 76. whofe ima- ges were broken, Juvenal, viii. 18. The ^Tn'^wu/W ordained, that the image of Csefar, after his deification, fhould not be carried before the funeral of any of his relations, Dio. xlvii. 19. Sometimes tliere were a great many different couches carried before the corpfe, on which, it is fuppofed, the images were placed, Tacit. Ann. xvi. 1 i. Serv. in Virg.x. 4. vi. 862. 875, After the funeral, thefe images 'were again fet up in the hall, where they were kept. See p. 31. If the deceafed had diflinguifhed himft:lf in war, the crowns and rewards which he hid received for his valour were difplay-=- cd, together with the fpoils and ftandards he had taken from the enemy, Virg. jEn. xi. 78. At the funerals of renowned commanders, were carried images or reprefentations of the countries they had fubuued, and the cities they had taken. Ta- cit. Ann. i. 8. Dio. Ivi. 34. Ixxiv. 4. At the funeral of Sylla above 20CO crowns are faid to have been carried which had been fent him by diiTcrent cities on account of his victory, Appian. B,G, 47^ ROMAN ANTIQUITIES. £. C. i. 417. The liflors attended with their fafces invert6<5, Tacit. A7111. Hi. 2. Sometimes alfo the officers and troops, with their fpears pointing to the ground, Ibid. Virg. xi. 92. or laid afide, Lucaii. vHi. 735. Behind the corpfe, walked the friends of the deceafed in mourning, [ntray vel higubri isejie ; atrati vel pullati) \ his fons with their head veiled, and his daughters with their head bare, and their hair diflievcUed, contrary to the ordinary cuftoin of both, Plutarch. qn^J}. Rom. 14. the inagiftrates without their badges, and the nobility without their ornaments, Tacit. Ann. ill. 4. The neareft relations fometlmes tore their garments, and covered their hair with duft, I'^irg. JEn. xii. 609. CatiilL Ixii. 224. or pulled it out, Cic. Ttifc. iii. 26. The women in par- ticular, who attended the funeral, Ter. And. 1. 1.9'. S,uet. Ctvf. 84. beat their breads, tore their cheeks, &c. Virg. ^n. iv. 673. Tibult. 1. I. 68. although this was forbidden by the Twelve Tables, Mulieres genas ne radunto, Cic. /egg. ii. 24. P/in. wiv'n. II. i. e. Unguibus ne scindunto. Pejus . At the funeral of an iiluftvious citizen, the corpfe was car- ried through the Forum ; where the proceflion flopped, and a funeral oration (LAUDATIO) was delivered in praife of the deceafed from the Pojlray by his fon, or by fome near relation or friend, Poiyh. vi. 51. Cic. Orat. ii. 84. Suet. Csf. 84. Aug. ici. Tib. 6. Ner. 9. fometlmes by a magiflrate, P/in. Pp. ii, 1. according to the appointment of the fenate, ^ifiHi/. iii. 7. vel 9. This curiom Is fakl to have been nrft introduced by Popllcola, in honour of his colleague Brutus, Plutarch, in Popl. Diofjyf. Y. 17. ix. 54. It Is firll mentioned by Llvy, 11. 47. next, lb. 61* It was an incentive to glory and virtue, but hurtful to the authenticity of hiftorical records, Liv.\m. 40. Cic. Brut. iy. The honour of a funeral oration was decreed by the fenate alfo to women, for their readinefs in refigning their golden or-* naments to make up the fum agreed to be paid to the Gauls, as a ranfom for leaving the city ; Liv. v. 5c. or, according to Plutarch, to make the golden cup which was fent to Delphi, as a prefcnt to Apollo, in confequence of the vow of Camillus, after the taking of Vcji, P/utarcI.\ in Camil/o. But Clceio fays, that Popilia was the firil to whom this ho- nour was paid, by her fon Catulus, feveral ages after, Cic. 0- rat. ii. 11. and according to Plutarch, Csfar Introduced the cuftom of praifmg younger matrons, upon the death of his wife Funerals. 479 v.ife Cornelia. Bat after that, both young and old, married and unmarried, were honoured v/ith funeral orations, Suet, Jul. 6. Cal. 10. Tacit. Annal. v. i. xvi. 6. jDw. xxxix. 64 & 59. While the funeral oration was delivering, the corpfe v/a$ placed before the Rojira. The corpfe of Cxfar was placed in a giit pavilion like a I'mall temple, {iiurata tnles)^ with the robe in which he had been flain fufpended on a pole or trophy. Suet. Caf. 84. and his image expofed on a moveable machine, with the marks of all the wounds he had received ; for the body itfclf was not feen, Appian. B. C. ii. p. 521. but Dio fays the contrary, xliv. 4. Under Augultus it became cuflomary to deliver more than one funeral oration in praife of the fame perfon, and in diffe- rent places, Dio. Iv. 2. From the Forum, the corpfe was carried to the place of burning or burial, which the law of the Twelve Tables order- ed to be without the city, Hominem mortuu?! in urbe ne sEi'KLiTO. NEVE URiTO, Cic. legg- ii. 23. uccording to the cuf- tom of other nations; the Jews, Matth. xxvii. 53. 'John^ xix. 20. & 4f. the Athenians, Cic. Fain. iv. 12. Liv. xxxi, 24. and others, Cic. Flacc. 31. Tufc. v. 23. Plut. in Arato. — Ztrnh^ x. The ancients are faid to have buried their dead at their own houfes, Serv. in I'^irg. JEn. v. 64. vi. 152. Ifidor. xiv. H- whence, according to fome, the origin of idolatry, and the worfhip of houfehold-gods, the fear of hobgoblins or fpeclres in the dark, (Larvje vel Lemures), &c. Ibid. — Souls fepara- ted from the body were called Lemures 'uel Manes j if bene- ficent, Lares; if hurtful. Larvae w/Mani.e, [iyxZot •/«< y.xy.7i Ja.- /uovff), /^pul. de d.'o Socratis. Auguilus, in his fpeech to his foldiers before the battle of Aclium, fays that the Egyptians embalmed their dead bodies to eftablilh an opinion of their immortality, Dio. 1. 24. Several of thefe ftill exift, called Mummies, from mum, the Egyptian name of wax. The man- ner of embalming is defcribed by Herodotus, ii. 86. The Perfians alfo anointed the bodies of their dead with wax, to make them keep as long as poflible, Cic. Tufc. \. 45. The Romans prohibited burning or burying in the city, both from a facred and civil confideration; that the prieft« might not be contaminated by feeing or touching a dead bo- dy, and that houfes might not be endangered by the frequen- cy of funeral fires, Cic. legg. ii. 22. or the air infected by the ilench, Serv. in Firg. vi. 150. I fid. xiv. 11. TheJJamen of Jupiter was not allowed to touch a dead bo- dy, 48o ROMAN ANT I QJJI TI ES. dy, nor to go where there was a grave, Cdi x. 15. 10 tlic high pr;e{t among the Jews, Levit. xxi. 1 1. and if the ;ontU fex maxlmus had to deliver a funeral oration, a veil was laid over the corpfe, to keep it from his fight, Senec. conf. ad Marc, 15. Dio. liv. 28. ^f^. The places for burial were either private or public; the private in fields or garxlens, ufually near the high way, to be confpicuous, and to remind th^fe who pafied of mortaliiy, Varr.^de L. L. v. 6. Hence the frequent infcrip ions, Siste VIATOR, ASPICE VIATOR, &c. on the via y^ppia, ^uyelioy Fhi-^ mhiiay Tihurt-noy isc. Liv. vi. 36. Suet. Cal. 5;;. Galb. 20. Juvenal, i. ult. Martial, i. 89. 1 15. 1 17. vi. 28. x. 43. xi. 54. Propert. iii. 16. 30. Nep. Att. ult. Plin. Ep. vii 29. ihe public places of burial for great men were commonly in the Campus Martius, ^irah. v. Suet. C<£j. 84. CL i. I'irg. JEn. vi. 873. D'w. xxxix. 64. xlviii. 53, Plutarch, in LucttlLjin. or Campus Esqitilinus, granted by a decree of the fenate, Cic. PhiL ix. 7. for poor people without the Efquiline gate, in places called FuTicuLiE, vel -/, [quod in puteos corpora mitte- bantur)^ Varro de L. L. iv. 5. Feilus ; Horat. Sat. i. 8. 8. As the vaft number of bones depofited in that common bu- rying ground rendered the places adjoining unhealthy, Au- guflus, with the confent of the fenate and people, gave part of it to his favourite Mxcenas, who built there a mrignificent houfe, (mokm prcpinquam nuhibus ardwiSy Hor. Od. iii. 29. 10. called Turris M.^cenatiana, Suet. Ner. 3^5.) with extenfiA'c gardens, whence it became one of the moft healthy fituations in Rome, Suet. Aug. 72. Tik 15. Ner. 31, There was in the corner of the burying ground, a ftone- pillar, CiPPUS, on which was marked its extent towards the road, [iiifronie) and backwards to the fields, [in ngro, vel -z/wi), Horat. ibid, alfo who were to be buried in it. If a burving ground was intended for a perfon and his heirs, it was called SEPULCHRUM, i;^/ MONUMENTUM HEREDIIARIUM, which was marked in letters, thus, H. M. H. S. /. e. Hoc monumentum h.^redes sfquitur ; or GENTILE and gentilit ium. Suet. Ner. 50. Patrium, Vi/g. Mn. X. 557. AviTUM, 0-id. Trijl. iv. 3. 45. Met. xiii. 524. If only for himfeli and family, FAMILIARE, L. 5. D. de religiof. Freed-men were fometimes comprehended, ;ind relations, when undcferving, excluded. Suet. Aug. 102. The right of burying, (jus inferendi), was fometimes pur- chafed by thofe who had no burying-ground cf their own. The Funerals. 4yi The Veftal virgins were buried In the city, (quia legibus non tenebafitur)^ Serv. in Virg. ^n. ix. and fome iiluflrious men, as, Poplicolay TubcrtuSy and Fabricius, [virtutis caufdy legibus fo- luti): which right their pofterity retained, Cic. /egg. ii. 23. but did not ufe. To (hew, however, that they pofTefTcd it, when any of them died, they brought the dead body, when about to be burnt, into the Fomm, and fctting down the couch, put a burning torch under it, which they immediately removed, and carried the corpfe to another place, Plutarch^ in Poplic. et ^la/i. Rom. 8. The right of making a fepulchre for himfelf within the pomserium was decreed to Julius Csefar as a fingular privilege, Dio. xliv. 7. When a perfon was burnt and buried in the fame place, it Was called BUSTUM, Fejlus ; whence this word is often put for a tomb, (T^^Sof), Cic. Tufc. v. 35. Att. vli. 9. Pif. 4. 7. Le^g. ii. 26. A place where one was only burnt, USTRI- NA, vel -um, Fcftus. The funeral pile (ROGUS,i'f/PYR A) was built in the form of an altar, with four equal fides, Herodian. iv. 2. hence called ARA SLPULCHRi, yirg. vi. 177. Sil. xv, 388 funeris ARA, Ovid. IriJ}. iii. 13. 21. in [bin. to2. of wood which might eafily catch fire, as fir, pine, cleft oak, l^c Virg. Mn. iv- 504. vi. 180. Stat. Theb. vi. 54. unpolifhed, according to the law of the twelve tables, R-ogum ascia ne polito, Cic. legg, ii. 24. but not always fo, Phn. xxxv. 7. alfo (luffed with paper and pitch, Martial, viii. 44. 14. x. 97. made higher or lower according to the rank of the deceafed, Lucan. viii. 743. Virg^ Ibid. &c. xi. 215. (hence ROGUS plfSeius, Ovid, in Ibin. J 5 2.) with cyprefs trees fet around to prevent the noifome fmell, Ibid, and Serv. in he. Si/, x. 535. at the diflance of fixty feet from any houfe, Cic. !egg. ii. 24. The bafilica Porcia and fenate-houfe adjoining, contiguous to the Forum, were burnt by the fiames of the funeral pile of Clodius, /Ifcon. in Cic. pro Mi/o^ey Dio.x\. 49. On the funeral pile was placed the corpfe with the couch^ TibulL i. I. 61. The eyes of the deceafed were opened, P//«, ii. 37. to which Virgil is thoujhtto allude, ■€«. iv 244. The neareft relations kiffed the body with tears, Prop. ii. 13. 29. Tibtdl. i. I. 62. and then fet fire to the pile with a lighted torch, turning away their face, [averfi,) to (hew that they did it with reluftance, Virg. ,En. vi. 223. They prayed for a wind toaffift the fiames, Propcrt.'w. 7. 31. as the Greeks did, Homer. 3 P txm- 482 ROMAN ANTIQJJITIES. xxlii. 193. and when that happened, it was thought fortunate, Plutarch, in Syll. They threw into the fire various perfumes, {odores)^ incenfe, myrrh, caffia, &c. Plin. xii. 1 8./ 41. Juveii. iv. 109. Stat. Sylv. V. I. 208 Mayt'inl x. 26. which Cicero calls Sumptuosa re- sPERsio; forbidden by the twelve tables, Legg. ii. 24. alfo cups of oil and diflies, {dapes v. fercidajy with titles marking what they contained, Firg. JEn. vi. 223. Stat. Theb. vi. 126. like- wife the cloaths and ornaments not only of the deceafed, Virg. Mn. vi. 221. Liican. ix 175. but their own, Tacit. Ann. iii. 3. 2. Suet. Jul. 84. every thing in fhort that was fuppofed to be agreeable to the deceafed while alive, Donat. in Virg. ^n. vi. 217. Cas. B. G. vi. 17. All thefe were called MUNERA, vel DONA, ibid. If the deceafed had been a foldier, they threw on the pile his arms, rewards, and fpoils, Virg. JEn. xi. 192. Sil. x. 562. and if a General, the foldiers fometimes threw in their own arms. Suet. Jul. 84. Lucan. viii. 735. At the funeral of an illuftrious commander or Emperor, the foldiers made a circuit (DECURREBANT) three times round the pWefFirg. ^n. xi. 188. Tacit, -inn. ii. 7. from right to left, {orbe ftnijlro)^ with their enfigns inverted, Stat. Theb. vi, 213. and ftriking their weapons on one another to the found of the trumpet, Val. Place, iii. 346. all prefent accompanying them ; as at the funeral of Sylla, Appian. B.C. \. of Auguftus, Dio. Ivi 42. &c. which cuftom fcems to have been borrowed from the Greeks, Homer, xxiii. 13. ufed alfo by the Carthaginians, JLiv.xKV. 17. fometimes performed annually at the tomb. Suet. Claud. I. As the Manes were fuppofed to be delighted with blood, TertuUian. de SpcEl various animals, efpecially fuch as the de- ceafed had been fond of, were llaughtered at the pile, and throvv'n into it, Plin. viii. 40. f 6r. Fifg. JEn. xi. 197. Homer. II. xxiii. 166. Plin. Pp. iv. 2. in ancient times, alfo men, cap- tiTCS or ftaves, Firg. x. 518. xi. 82- Homer. II. xxi. 27. to which Cicero alludes, P/acc. 38. Afterwards, inftead of them, gladiators, called BUSTUARII, were made to fight, Serv. in JEn. x. 519. Herat. Sat. ii. 3. 85. Phr. iii. 2o. fo among the Gauls, ilaves and clients were burnt on the piles of their maf- ters, Csf. B. G. vi. 17. among the Indians and Thracians, wives on the piles of their hulbands, Cic. Tufc. v. 27. Mel. defit. orb. ii. 2. As one man had feveral wives, there was fometimes a: conteft among them about the preference, which they deter- mined by lot, Prop. iii. 7. JEllan. 7. 18. Serv. in yE;;.v. (^f^. Thus alfo Funerals, 483 alio among the Romans, friends teftified their affe6lion ; as Plo- tinus to his patron, Plin. 7. 36. Plautius to his wife Oreftilla, y I. Max. iv. 6. 3. foldiers toOtho, Taat. HiJ}. ii. 49. Mneftcr, a freed-man, to Agrippina, Id. Ann- xiv. 9. S:c. Inftances are recorded of perfons, who came to life again on the funeral pile, after it was fet on fire ; fo that they could not b« preferred : and of others, who having revived before the pile was kindled, returned home on their feet, Plin. vii. 52-/ 53- xxvi. 3. f. 8. The Jews, although they interred their dead, {conderey quam cremarcy e more IEgypUo)y Tacit. Hift. v. 5. filled the couch on which the corpfe was laid with fweet odours, and divers kind of fpices, and burnt Lhe«i, 2 Chron. xvi. 14. Jerem. xxxiv. 5. When the pile was burnt down, the fire was extinguifhed, and the embers foaked with wine, l^irg. JEn. vi. 226. the bones were gathered [ojfa kgebantur) by the neareft relations, Tibull. iii. 2. 9. with loofe robes, lb. ^ Siuet. Aug. 10 1. and fome- times barefooted, Zuet. ib. "We read alfo of the neareft female relations gathering the bones in their bofom, Tibull. i. 3. 5. Senec. ad Helv. 1 1. Lucan. ix. 60. who were called Funer^, vel -^.e, Serv. in Virg. ^n. ix. 486. The alhes and bones of the deceafed are thought to have been diftinguiflied by their particular pofition. Some fuppofe the body to have been wrapt in a fpecies of incombuftible cloth, made of what the Greeks called AJbeJlos^ Plin. xix. i. f. 4. But Pliny reftri£ls this to the kings of India, where on^ ly it was then known. The bones and afhes, befprinkled with the richeft perfumes, were put into a velTel called URN A, an urn, Ck lujc. i. 15. Ov'id. Am. iii. 9. 39. Fekalis urna. Tacit. Ann. iii. i. made of earth, brafs, marble, filver or gold, according to the wealth or rank of every one. Prop. ii. 13. 32. Virg. lEn. vi. 228. Eu- trop. viii. 5. Sometimes alfo a fmall glafs vial full of tears, called by the moderns a Lachrymatory ^ was put in the urn. The urn was folemnlv depofited {componebatur) in the fe- pulchre,-(SEPULCHRUM, tumulus, monumentuMjT^^^/, vel dotnusy Conditorium, v. -tivum, Cinerarium, Sec.) Propert. ii. 24. 35. Ovid. paji. v. 426. Met. iv. 157. Hence coinponere to bury, Horat. Sat. I. 9 28. Tacit. Hijl. i. 47. to fhut up, to end, Virg. JEn. i. 378. compofito diey i. t. finitOy Plin. Ep. ii. 17. When the body was not burnt, it was put into a coffin, {ar 3 P * ^^^9 484 ROMAN ANTIQ^UITIES. /J, vel bculus)^ with all its crnsments, Plin. vii. 2. ■ufually jifiade of ftone, as that of Numa, P//«. xiii. 13. yal. Max. i. 1. 1 2. fo of Hannibal, ^ur. Vici. iii. 42. fometimes of Affian ftone, from '^Jfosy or -us, a town in Troas or Myfia, which confumed the body in forty davs, except the teeth, Plin. ii. 98. xxxvl. 17. hence called Sx4RCOPHAGUS, lb. which word is alfo put for any coffin or tomb, Juvenal, m. 172. The coffin was laid in the tomb on its back ; in what direc- tion among the R.omans, is uncertain ; but among the Athe- nians, looking to the weft, JElian. v. & vii. Plutarch, in Solon. Thofe who died in pnfon, were thrown out naked on the ftreet, Liv. xxxviii. 59. When the remains of the deceafed were laid in the tomb, thofe prefent were three times fprinkled by a prieft with pure water, {aqua pvra, vel Injlralis), from a branch of olive or lau- rel, [afpergillum), to purify them, Serv. in yirg /En. vi. 239. Fejl. in Laurus, Juvenal, ii. 158. then they were difmifled by the Pr^^fica, or fome other perfon, pronouncing the fo- Icmn word ILICET, i. e, ire licet, you may depart, Sew. ib. At rheir departure, they ufed to take a laft farewell, by re- peating feveral times VALE, or SALVE aternum. Id. xi. 97. ii. 640. adding, Nos te ordike, quo natuka permiserit, CUN'CTI SEQULMUR, Scrv. lEn. iii. 68. which were called Verba KOvissiMA j alfo to wiih that the earth might lie light on the perfon buried, Juvenal, vii. 207. which is found marked on feveral ancient monuments in thefe letters, S- T.T.L.Sit tibi TERRA LEVIS, Aiartial. i. 89. V. 35. ix. 30. and the grave-ftone • (CIPPUS), Per/, i. 37. that his bones might reft quietiy, or lie loftly, {moilitcr cubarent)y Ovid. Am. i. 8. ic8. Ep. \n. 162. STri//. iii. 3. 75. Fzr^^. iV/. X. 33. Placide quiescas, Tacit, jigric. 46. Hence Con-.pcfit us , buried, Ovid. Faft. v. 426. and ■ 'psfttus, Ib. 48c. So ptacidd canpojlus pace quicfcity is faid of Antenor, while yet alive, Id. JEn. i. 149. We find in Ovid the contrary of this wlfh, Sciiiciti jaceant, tcrrclque premantur iniqud, Arior. ii. 16. 15. as if the dead felt thefe things, bome- limes the bones were not depofited in the earth till three days after the body was burnt, Vifg. JEn. xi. 210. The friends, when they returned home, as a further puri- fication, after being fprinkled with water, ftepped over a fire, (ignem t'upergredlebaniur), which was called SUFFrnO,i'"^/«j. The hcufe itfelf alio was purified, and fwept with a certain kind of broom or befom, (fropai -arum), which purgation was called ExvERR^, V. hverra ,- and he v.'ho performed it, EVERRIA TOR, id. There Funerals. 4^85 There were certain ceremonies for the purification of the , family, called FERiiE Dekicales, {n ncce nppellutce)^ Cic. Jegg. ii. 22. Feftus •, when they buried a thumb, or feme part cut off from the body before it was burnt, or a bone br(jught home from the funeral pile ; Cic. ib. 24. ^lincfil. viii. 5. 2i. Senec. benef. xv. 24. on which occafion a foldier might be ab- fent from duty, Gell. xvi. 4. A place was held religious, where a dead body, or any part of it, was buried, but not where it was burnt, Cic. ibid. For nine days after the funeral, while the family was in mourning, and employed about certain folemnities at the tomb, it was unlawful to fummon the heir, or any near rela- tion of the deceafed, to a court qf juftice, or in any other tnanner to moleft them, Novell. 1-5. On the ninth day, a facrifice was performed, called NOVENDIALE, Porphyno ad Horat. epod. xvii. 48 with which thefe folemnities were concluded, Donat. in ^Ter. Phorm. Oblations or facrifices to the dead, (INFERI^., ve/VA- RENTALIA), were afterwards made at various times, both occafionally and at ftated periods, confiding of liquors, vic- tims, and garlands, l^irg. JEn. lii. fid. v. 77. 94. ix. 215. x. 519. Tacit. HiJJ. ii. 95. Suet. Cal 3. 15. CI. xi. Ner. 11. called Fb.RALiA munera, Ovid. Tnjl. iii. 3. 81. Thus ALI- CUI INFERIAS FERRE, vel MITTfcRE, Ct PARENTARE, tO per- form thefe oblations, Cic. legg. ii. 21. Fbit. i. 6. Place. 38. Parentare rep fanguine conjuratorum^ to appeafe, to revenge, Liv. xxiv. 21. fo Caf. B. G. vii- 17. Saguniinort/m manibus vajlattone Italia^ &c. parentatum ejl^ an atonement was made to their ghofts, Flor. ii. 6. fo Litare, Id. ii. 5. iii. 18. (Pa- rentare /fre/rie ejt parentibus jujla facere^) Ovid. Amor. i. 13-4. The fepulchre was then befpread with flowers, and covered with crowns and fillets, Suet. Ner. 57. Tac. Hijl. ii. 55. Cic. Place. 38. Before it, there was a little altar, on which liba- tions were made, and incenfe burnt, Virg. JEn. iii, 63. 302. vi. 883. A keeper was appointed to watch the tomb. Prop. iii. 16. 24. which was frequently illuminated with lamps, D. xl. ^. 44. Suet. Aug. 99. A kind of perpetual lamps are faid by feveral authors to have been found in ancient tombs ftill burning, which how- ever went out on the admiflion of air. But this by others is reckoned a fidlion, Kippingi Antiq. iv. 6. 14. A feaft was generally added, called SILICERNIUM, {cce- pa funebris, quafi in /dice pofita, Serv. in Virg. J£.u. v. 92. vel quod 486 ROMAN ANTIQUITIES. quod Jilt' f:tes, fc. umbrx, earn cernebatitf vel parentantes, qui non deguflabant, Donat. in Ter. Jdelph. iv. 2. 48.) both for the dead and the living. Certain things were laid on the tomb, commonly beans, Pl'm. 18. j2. f. 30. lettuces, bread, and eggs, or the like, which it was fuppofed the ghofts would come and eatj hence Coena feralis, Juvenal, v. 85. What remained, was burnt ; for it was thought mean to take away any thing thus confecrated, or what was thrown into the fu- neral pile. Hence Rnpere de rogo ccenam^ Catull. 57. 3. Ti- bull. i. 5. 53. E Jlnmma ahum pttere^ Ter. Eun. iii. 2. 38. Bujllrapus is applied as a name of contempt to a fordid per- fon, Plant. Pfeud. i. 3. 127. and Silicernium, to an old ftian, "Ter. ibid. After the funeral of great men, there was not only a feafl for the fiiends of the deceafed, but alfo a diftribution of raw meat among the people, called VISCF.RATIO, LJv. viii. 22. See p. 325. with fliews of gladiators and games, which fome- times continued for feveral days, Liv. xxxvi. 46. fometimes celebrated alfo on the anniverf-iry of the funeral, Virg. Mn. v. Fauftus the fon of Sylla exhibited a fliew of gladiators in ho- nour of his father, feveral years after his death, and gave a feaft to the people, according to his father's tellament, Cic. iSyll. 19. Dio. xxxvi. 51. The time of mourning for departed friends was appointed by Numa, Plutarch, in Num. as well as funeral rites, (jujia funebria)^ and offerings to appeafe the manes, [inferia nd pla- candos Manes), Liv. i. 20. There was no TnTiited time for men to mourn, becaufe none was thought honourable, Senec. £piji. 63. as aniong the Germans, Tacit. 27. It ufually did not exceed a few days, Dio. Ivi. 43. Women mourned for a hufband or parent ten months, or a year according to the computation of Romulus, See p. t^iS. but not longer, Senec. ib. is Ccnfol. ad Helv. 16. Ovid, Fajl, iii. 134. In a public mourning for any fignal calamity, the death of a prince or the like, there was a total ceflation frorti bufinefs, (JUSTITIUM), either fpontaneoufly, or by public appoint- ment, Liv. ix. 7. Tacit. Ann. ii, 82. Lucan. ii. 17. Capitolin. in Antonin. Phil. 7. when the courts of jufticc did not fit, the fliops were iliut, cifr. Tacit. Ann. iii, 3. 4. iv. 8. Suet. Cal. 24. In exceiTive grief the temples of the gods were ftruck with ftones, {lapidaia, i, e. lapidibus impeiita), and their altars overturned, 8itet. Cal. 5. Setiec. vit. beat. 36. Arrian. Epidd. ii. 22. J2oth public and private mourning was laid afide on account of Funerals. 487 of the public games, Tscit. Ann. iii. 6. Zuet. Cal. 6. for cer- tain facred rites, as thofe of Ceres, &c. and for feveral other caufes enumerated by Fellus, in voce minuitur. After the battle of Canns, by a decree of the fenate, the mourning of the matrons was limited to thirty days, Liv. xxii. 56. Val. Max. i. I. 15. Immoderate g^ief was fuppofed to be ofFen- five to the Alanes, Tibull. i. i. 67. Stat. Sylv. v. i. 179. The Romans in mourning kept themfelves at home, TiwiL Jtm. iii. 3. iv. 8. Plin. Ep. ix. 13. avoiding every entertain- ment and amufement. Cic. Att. xii. 13. &c. Senec. decl. iv. i. Suet. Cal. 24. 45. neither cutting their hair nor beard, See p, 431. dreft in black, (LUGUBRIAy//»?^^^7«/), Juvenal, x. 245. which cultom is fuppofed to have been borrowed from the -3i!gyptians, S,erv in Virg. JEn. xi. fometimes in fkins, Fejlus in PELLis ', laying afide every kind of ornament, Liv. ix. 7. Suet, Aug. loi. not even lighting a fire, ScholiaJ]. in Juvenal iii. 214. Apul. Met. ii. which was efteemed an ornament to the \io\x{c.i Homer, II. 13. Hence Focus />^r^««/V, u z.fme luElUy Martial, x. 47. ^. perv^igil, Stat. Sylv. iv. 5. 13. The women laid afide their gold and purple, Liv. xxxiv. 7. Ter. Heaut. ii. 3. 45. Under the republic, they dreft in black like the men ; but under the Emperors, when party-coloured cloaths came in fafhion, they wore white in mourning, Plu- tarch, prohl. 27. Herodian. iv. 2. 6. In a public mourning, the fcnators laid afide xht\r latus da- vus and rings; Liv. ix. 7. the magiftrates, the badges of their office, Cic. pojl. red. in Sen. 5 Tacit. Ann. iii. 4. Lucan. ii 18. and the confuls did not fit on their ufuai feats in the fenate, which were elevated above the reft ;' but on a common bench, (pde vulgari), Tacit. Ann. iv. 8. Dio. Ivi. 31. Dio fays that the fenators in great mourning appeared in the drefs of the Equitesy xl. 46. The Romans commonly built tombs (fepulchra v. conditoria) for themfelves during their lifetime, Senec. brev vit. 20. thus the MAUSOLEUM (^«v,rc.x«o» ) of Auguftus in the Campus Martins between the via Flaminia and the bank of the Tiber, with woods and v.'alks around, Suet. Aug. 10 1 Strab. v. p. 236. Hence thefe words frequently occur in ancient infcriptions,V. F. VjvusFlcit', V. F. C.Vivus faciendum cur wit 9 V. S.P. Vivus siBi posuit; alfo Se vivo fecit. If they did not live to finifli them, it was done by their heirs, Suet. Aug. lor. who were often ordered by the teltamentto build a tomb, Hor, Sat. ii. 3. 84. & 5. 105. Plin. Ep. vi, 10. and fometimes did it 488 ROMAN ANTIQUITIES. it at their own expence, (de suo, vel de sua pecunia); Pliny complains bitterly of the negledl of friends in this re- fpea, Ibid. The Romans erected tombs either for themfelves alone, with their wives, (SEPULCHRA priva, WSingularia), or for themfelves, their family, and pofterity, (communia), Cic. Off.\. 17. JAMILIAKIA etM^RF.DiTirtijA, Martial, i. 117. Cod. 13. likewife for then* friends, who were burled elfewhere, or whofe bodies could not be found, (CENOTAPHION, vel Tumulus honorarius, ^nct. CI. i. vel inanis, ^irg. lEn. iii. 304. Herat. Od. ii. ;o. 21.) Tacit. Ann. i. 62. When a perfon falfely reported to have been dead returned home, he did not enter his houfe by the door, but was let down from thereof, [qiiafi caliius mijfiis)^ Plutarch, q. Rom. 5. The tombs of the rich were commonly built of marble, Cic, Fam. iv. 12. Tihull. iii. 2. 22. the ground inclofed with a wall, (maceriajy Suet. Ner. 33. 50. or an iron rail, (f erred fepe ) , Strab. V p. 236. and planted round with trees, Martial, i. 89. 3. as among the Greeks, Pan fan. ii 15. When feveral different perfons had a right to the fame bu- rying-ground, it was fometimes divided into parts, and each part affigned to its proper owner. But common fepulcbres were ufually built below ground, and called HYPOG^A, Peiron. 71. many of which ftill exift in different parts of Italy, under the name of catacombs. There were niches cut out in the walls, in which the urns were placed ; thefe, from their refemblance to the niches in a pigcon-houfc, were called Columbaria. Sepulchres were adorned v»Mth various figures in fculpture, ■which arc flill to be feen, Cic. Tufc. ^^ v. 23. Virg. JEn. vi. 233. with itatues, Liw xxxviii. 56. columns, 3rc. But what deferves particular attention, is the infcription or epitaph, (TITULUS, l-ny^xi^'h. Epitaphium, w/Elogium), expreffed fometimes in profe, and fometimes in verfe, Ovid. JhJer. xiv. 128 Martial, x. 71. Cic. Ttifc. i. 14. Jrcb. II. Se- ne8. xvii. 20. Fin. ii.35. Fif. 29. Virg. Eel. v. 43. Suet. CI. 12. PJin. ep. ix. 20. Sil. xv. 44. ufually beginning with thefe letters, D. M. S. Dis Manibus Sacrum, Prudent. Symmacb. i. 402. Gell. X. 18. vel Memorise, Suet. Vit. 10. then the name of the perfon followed, his chara6ler, and the principal circum- ftances of his life. Often thefe words are ufed, Hic situs TEST vel J ACET, Ovid. Met. ii. 378. F(7/l.in. 3,73. TibulL\.2jSS' iii. 2- 2y. Martial, vi. 52. ^ Firg. vii. 3. Plir.. ep.Vu 10. Senec, eh. Funerals. 489 ep. 78. If he had lived happily in marriage, thuSj Sine que-* BELA, SINE jURGio, vel offthfay vcl difcordla^ Plin. ep. viii. 5. ' When the body was finiply interred without a tomb, an in- fcription was fometimes put on the ftone-coffin, as on that of Numa, Liv. xl. 2(;. There was an a<3;ion for violating the tombs of the deadj (Sfpulghri viol ATI ACTIO), Clc. Tufc. i. 1 2 Seiief. Contr^ iv. 4, The punilhment was a fine, the lofs of a hand, (wa- nus mnputatio) \ working in tlie mines, [damnatio ad 7neta[lum)f banifhment or death. A tomb was violated by demolition, by converting it to im- proper purpofes, or by burying in it thofe who were not enti- tled, [cdienos infer endo) Cic. legg. ii. 26. D, de fep. viol. 47. 12. Tombs often ferved as lurking phces for the perfecuted Chri- ftians, ChryfcJ}. Horn. 40. and others, Martial, i. 35. iii. 92. 15. The body was violated by handling, /. 4. C. de fep. njiol. ix. 19, or mutilating it, which was fometimes done for magical purpo- fes, ^uinclil. decl. 15. /^pul. Met. ii. Tacit. Ann. ii. 6(^. by ftripping it of any thing valuable, .as gold^ armSy &c. Id. 6). Phadr. '\. 27. 3. or by tranfporting it to another place, without leave obtained from the Pontlfex Maximus, from the Emperor, or the magiftrate of the place, Dig. $S* Cod. Plin. ^p. x. 73. & 74. Som^ confecrated temples to the memory of their friends, as Cicero propofed to his daughter Tullia j which defign he frequently mentions in his letters to Atticus, xii. 18. ly. 35. 36. 41. 43. &c. Laclant, i. 15. This was a very antient cuflom, Plin. 27. and probably the origin of idolatry, Wifd. xiv. 15. The higheft honours were decreed to illuftrious perfons af- ter death, Miuuc. Felix, in Ociav. Tiie Romans worfliipped their founder Romulus, as a god, under the name of Quiri- nu.s, Liv. i. 16. Hence afterwards the folemn CONSECRA- TION ( a^eS-fio-if ) of the Emperors, by a decree of the fenate. Herodian. iv. 2. who were thus faid to be ranked in the num- ber of the gods, [in deorum mtmernm, inter vel in deos referriy Suet. Caef. 88. ccclo dicariy Plin. Pan. 1 1. &c.) alfo fome Em- prefles, Suet. CI. 11. Tacit. Ann. v. 2. xvL 21. Temples and priells were affigned to them, fee p. 311. They were invoked with prayers, Virg. G. i. 42. Men fwore by their name or ge- nius, and offered victims on their altars, Horat. ep. ii. i. 16. The real body was burnt, and the remains buried in the ufual manner. But a waxen image of the deceafed was m^^de to the life; which, after a variety of ridiculous -ceremonies ppid 3 0^ to %^ ROMAN ANTIQJJITIES. to it for fevftn days in the. palace, was carried on a couch in folemn proceffion on the Ihoulders of young men of equeftrian and patrician rank, firfl: to the Forum, where the dirge was fung by a choir of boys and girls of the moft noble defcent ; then to the Campus Martius, where it was burnt, with a vaft quantity of the richeft odours and perfumes, on a lofty and magnificent pile ; from the top of which, an eagle let loofe was fuppofed to convey the prince's foul to heaven, Herodian. IV, 3. ROMAN WEIGHTS and COINS. ^TTHE principal Roman weight was AS or li^ra, a pound j ■* which was divided into twelve parts, or ounces, (UNCI^): thus, tinciay an ounce, or ^1 ^^ ^n os ; fextansj 2 ounces, or -y\, quadratUy 3, -^^ or ^; triens, 4, ^■^j, or 5- ; quincunx, 5, or •5^5 j Jemis, d, or ^ ; feptunx, 7, or /^ ; hes, or bejfis, 8, y^^, or §; dodrans, g, r^^, or f, dextansy or decunx, 10, -j-^, or |- j den- tinx, 1 1 ounces > or || of an as. The UNCI A was alfo divided thus, femuncln, ^, the half of an ounce, or ^'^ of an as; duella ^, ficilicus, vel -urn, ^ ; fextula, ^ ; drachma, ^ ; hemijefcla, i. e. jemifextula, yL. . tfg. mijfts, fcrupuiusy fcripiuluyn, \el fcripuluni, -^^ of an ounce, ox ^■g^ of an as, V.irr. L. L. iv. 36. AS was applied to any thing divided into twelve parts ; as, an inheritance,yt'^'^. 61. an acre, Liv. viii. 11. liquid meafure, fee p. 455. or the inter<;ft of r^ioney, &c. Hence probably our V'ord ace, or unit. The Roman pound was equal to i o ounces, 1 8 pennyweights, 13!^ grains of Engliih Troy weight, or nearly 12 ounces Avoir.- dupoife. The Greek weights mentioned by Roman authors, are chief- ly the talent, divided into 60 viina, and the inina into 100 drachma:. The miua was nearly equal to the Roman libra. Englifh TROY nveight, by which filver and gold are weigh- ed, is as follows : 24 grains, i penny-weight ; 20. pwt. i ounce; 12 oz. i pound. But y^^of^^^r^rw, in compounding medicines, make 20 grains \ fcruple •, 3 s. i drachm : 8 dr. I ounce i 12 oz. I pound. Avoirdvpoife weight, by v^-hich larger an4' Weights and CaiNs. 4pi ^nd coarfer commodities are weighed, 16 drams, one ounce ; 16 oz. I pound. The Romans, like other ancient .nations, Strab. iii. 155. at lirft had no coined money, (pecufiia ftgnaia)^ but either ex- changed commodities with one another, or ufed a certain weight of uncoined brafs, (aes rude), or other metal: Hence the various names of money alfo denote weight ; fo pendere for folverey to pay ; Jhpendiumy [a Jl'ipe pendenda)^ foldiers pay, i*V/?« vs ; becaufe at firll it was weighed, and not counted. Thus, Jalentum and mina among the Greeks, Jljtkcl among the He- brews, and pound among us. Several Greek words are fuppofed to allude to the original cultom of exchanging commodities, tlius, «pvu^a«, to purchafe or exchange, by giving a lamb, («;»f. "p'Ofi agnus) ; uwf^ui, by giving an afs, [ovoc, aftnus) ; Ti»xw, by giving a foal, f*"^'? > (^-i _quuleus)f or the young of any animal. Servius TuUiusfirlt ftamped pieces of brafs with the image o£ cattle, oxen, fwine, &c.{Pecudes), whence PECUNI A, money, Ovid. Faji. v. 281. [Servius rex avium boumque efjigie primus i£S ftgnavity Plin. xxxiii. 3. Ms pecore notavit \ Varro. R. R. ii. I. Plutarch, q. Rom. 40.) Silver was firft coined, A. U. 484» live years before the firft Punic war, or, according to others* A. U. 498. and gold, fixty-two years after, jP///j. xxxiii. 3. 40, Liv. ep. XV. Silver coins however feem 10 have been in ufe at Rome before that time, but of foreign coinage, Lj-y. viii. 11. .The Roman coins were then only of brafs. Hence JES, or ara plur. is put for money in general, Ho' rat. art. p. 345. ep. i. 7.23. Aurecs nummos as dicimiu, Ulpian, yEre mutare, to buy or fell j as aliemimy dtht y annua ara^ yearly pay, Liv. v. 4. arariuvi, the treafury ; as militare, mo- ney for paying the foldiers, given from the treafury to the Quseftor by the Trihuni arariiy Afcon. et Feft. or by them to the foldiers. Varr. L. L. iv. 36. Homo aratuSy a monied man, Plaut. Moji. iv. 2. 9. as fome read the paffage : So tribuni non tarn aratiy i. e. bene nummatl, quam ut appellantWy ararii, i. e. sere corrupti, vel it: ararios aut Cariies referendiy Cic. Att. i. 16. See p. 128. JEra xretufiay i. e. prifca moneta^ antient money ; Ovid. FaJi. i. zio. but JEra veterny old crimes or debts i Cic. Verr. v. 13. ^rufcare vel afculari, to get money by any means ; Fejl. et Sendee, de clem. ii. 6. ^rufcator, vel ef- culr.tor, a low beggarly fellow, a fortune-teller, or the like. Gel. ix. 2. xiv. I. obaraiusy oppceffed with debt, a debtor, 3 ^7!;, Pint. When, after his praetoiTnip, he fet out for Spain, he is reported to have f^id, Dis mi/irs ft quwgenties fibi dee[fe, nt mint Libtret, i. e. That he was L. 2,018,229 : 3 : 4. ■worfe than nothing. A fum hardly, credible ! Appian. de bell, civ. ii. 432. When he firii: entered Fome in the beginning of the civil war, he took cut of the tre. fury L. 1,095,9795 Plin. xxxiii. 3. and brought into it, at the end of the civil war, above L. 45843..75C, {ampHuifexies Tr.illies), Veil. ii. 56. He is faid to have purchafed the friendfliip of Curio, at the beginning of the civil war, by a bribe oi fexcefrties fc/lcrtH'.m, L. 484,373, Dio. xl. 6c. Fal Max. ix. I. 6. Vc/. Pat. ii. 48. and that of the conful, L. Paulus, the colleague of Marcellus, A. 70.:^. by 1 50c talents, about L 279,50c, yippian. B. C. ii. 443. PltJarcb. in Caf. ^ Pomp. ^ Suet. Caj. 29. Of Guno Lucan fays, Hie 'oendidit in-lem, iv. ult. Venali Curio lingua, i. 260. and Virjjil, as it is th.ought, Vendidit hie auro patriam, ^n. vi. 621. But this Curio afterwards met with the fate which as a traitor to liis country he deferved, being {lain by Juba in Africa, /)/(?. xli. 42. Lybicas en 7icbih corpus pafcit aves .' nulla conte^ius Curio biijto, Lucan. iv. 809. Antony, on the Ides of March, when Coefar was kijifed, ov/» cd qiiadritigeniics^ L 322,916: 13:4, which lie pjiid before- the kalends of Apiil, Lie Phil. ii. 37. and fquandercd of the public money, jejiertiuvi fcpiies millu's, L. 5,6511041 : : 3 : 4> Cic. PhU. V. 4. xii. 5. ; Cicero at firft charged Verres with having- plundered the SiciJians vi fejiert'ium millies. in Ciecil 5. but afterwards ex-r :;fted only guadringentiesy AcX'iQ in Verr.: 18. Apitlus waiUd on luxurious living 'fi-xccuiies fifieytium, Jj. 484.375 ; Seneca (ays, fe;.ertiu\n millies in cv.linam ccnfump" fity and being at laft obliged to examine the (late of his affairs, found tb'jt he had remaiiihig only fc/hrtinm centies^ L. 8c,7.:9 : 3 ; 4; a fum which he thought too fmall to live upon, i;nd therefore ended his days'by poifon, Senec. conjol. ad Heh\ 10. Martial, iii. 21. Die. Wx\. 19. Plinv fays, that in his time Lollia Paulina wore in full drefs jewels to the value oi quadrogtes fcfiemivi, L. 32,201 : 13:4, or, as others read the paiiagei quadringenties Jejterimvit L- 322,916: 13 : 4. Pliv. X. 35. f. 57. Julius • In the year 1791, when tliio book was firfl publifhed. Method c/Computing Money. 499 Juiius Cxfar prefented Servilia, the mother of M. BrutU5, "witJi a y>^at\ v/onh fc'x.igiesje/hrtio, L 48,417, los. Suet. Ccef. 50. Cieopacra at a feail with Antony fwalloA'ed a pearl dii- folved in vinegar worth centiei H. S. L. 80,729 : 3 : 4 j P/in. ibid. MMfob. Sat.'ix. 1 3. Clodius, the fon of yEfopus, the tra- gedian, fwallowed one worth deciest L. 8072 : 18:4. yaL Alax. ix- !. 2. Horat. Sat.'n. 3. 239. So Cahgula, Suet. 34. A fnigld difh of vEfop's, is faid to have coft an hundred y^-/- tertia^ Plin. x. 51. f. 72. xxxv. 12. Caligula laid out on a fupper, centies H. S. — L.80,729 : 3 :4. St'fiec. Helv.g. andHeliogabalus, /nVw H.S. — L. 24,218 : 15, Lamp rid, 27. The ordinary expence of Lucullus for a fupper In the hall of Apollo, was 50,000 drachma, L. 16 14, lis. 8d. Plutarch, in Liuull. Even perfons of a more fober charat^ler were fometimes very expenlive. Cicero had a citron-table which coft him H. S. decies ; and bought the houfe of Cralfus with borrowed money for H. S. xxxv. i. e. tricies q:tinquies, L. 24,218, 1 5 s. /*//'/;. xiii. 15. vii. 38. Cic. Fam. \'.6. This houfe had firil belonged to the Tribune M. LIvIus Dru- fus ; who, when the architedl: promifed to build it for him in fuch a manner, that none of his neighbours fliould overlook him, anfwered, " If you have any Ikill, contrive it rather fo, that all " the world may fee what I am doing," Fell. Pat. ii. 1 4. Mellala bought tlie houfe of Autronius for H. S. ccccxxxvil, I^-3527- «7 = 3i> Cic: Alt. i. 13. Domitiuseftimateuhi3houfe/d'AV7^/Vi'yey?i'r//£?, i.e.atL.48,437, los. Fill. Max. ix. £. 5. The houfe of Clodius coft centies et quadrngies cclieSy L. 119,479, P/i/i. xxxv'u 15. f. 24. A fmall villa of C. Hlrrius was, on account of his filh-ponds, fold iov quadragies H. S. L. 32,291 : 13 : 4, Plin. ix. 55. f. 81. and the fifties in the pond of Lucullus were fold after his death for the fame fum, luid. 54. The houfe- rent of middling people in the time of JuHus Cae- far is fuppofed to have been bina millia nummiirn, L. 16 : 2 : 1 1- from Suet. Cxf. 38. That of Caelius was xxx millia nummumy L. 242 : 3 : 9, and thought high, Cic. Cat. 7. The value of houfes in Rome rofe greatly in a few years. The houfe of Marius, which was bought by Cornelia for 7^ myriads of drachimsj L. 2421:17:6, was not long after purcha- fed by Lucullus for 50 myriads, and 200 drachmsy L. 16,152, 5 s. lod. Plutarch, in J\Iurio. The houfe of Lepidus, which in the time o£ his Conful- 3 R 2 fhip Soo ROMAN ANTIQUITIES. fhip, was reckoned one of the fineft in Rome ; in the fpactf of 35 years, was not in the hundredth rank, [cetittfniium locum non cbtwuit)^ Phn. xxxvi. 15. f. 24. The viJla of M. Scaurus being burnt by the malice of his flaves, he loft H. S. mi/lies, L. 807,291 : 13 : 4, Uid. The golden houfe {aurea domus) of Nero muft have coft an immenfe fum, fince Otho laid out in finifhing a part of is quitigenties H. S. L. 403,645 : 16 : 8, Plin. ibid. The INTEREST of M0NE'1\ 'T'HE intereft of money was called FCENUS, vzXfcrMS', •*■ or USURA, fruSlusy mercest vel xmpendium \ the capi- tal, CAPUT ox for s; alfo Foenus, which is put for the prin- cipal as well as the intereft. Tacit. Ann. vi. 17. Cic. Jtt. i. 12. V. 21. vi. I. 2. When one AS was paid monthly for the ufe of a hundred, it was called USURA CENTESIMA, becaufe in an hundred months the intereft equalled the capital ; or assf.s usur^s. This we call i i per cent, per annum, as Pliny, ducdenis affihiis debere vel mutuar'ty Ep. x. 62. v. 55. centtftmas computarey Id. ix. 28. which was ufually the legal intereft at Rome, at leaft towards the end of the Republic, and under the firft Empe- rors. Sometimes the double of this was exafted, bin£ cenlefi- may 24 per cent, and even 48 per cent, quaterna centtfimay Cic. Verr. iii. 70. Att. vi. 2. Horace mentions one who demand- ed 60 per cent.j ^uinas hie capiti mercedes exfecaty i. e. guiniu- plices iifnras exigtty vel quinis centtftmis fceneraty Sat. i, 2. 14. "When the intereft at the end of the year was added to the capital, and likewife yielded intereft, it was called Centfima renovaia, Cic. Ibid, or ANATOCISMUS anniverfariuSy com- pound intereft, Id. v. 21. if not, centefima perpetu^i ox foenus perpetuumy Ibid. Vs,iiKS.femiJ[eSy fix per cent ; trientes, four per cent ; qua- drantesy three per cent ; bejj'esy eight per cent, ^c. Cic. Att. iv. 15. Perf. V. 149. ufura legitime vel //V/V^, legal intereft} illicit a vel illegitimay illegal, Digejl. et Suet. Aug. 39. UsuRA is commonly ufed in the plural, and Foenus in the fingular. The intereft permitted by the 1 2 tables was only one per cent, FOtNUs unciarium vel unci^ usur^e, Tacit. Ann. v'u 16. (See Lep< DuiLiA M^nia), which fame make the fame with Method £/* Computing MoneV. ^<}t ^Ith ufura centefima\ reduced, A. U. 408. to one half, Foe- Nus ShMi NciARiuM, Id. et Liiu vii. 27. but thefe, and other regulations, were eluded by the art of the ufurers, [F(£iieratO' rfj), Cic. Att. vi. i. Off. ii. 24. & 25. Sail, Cat. 33. Liv. viii. 28. XXXV. 7. 41. After the death of Antony and Cleopatra, A. 725. the intcrefl of money at Rome fell from 12. to 4 per cent. Die. li. 2!. Profelicd bankers or money lenders were alfo called Men- SARiivel Trapizittey Argentarii, Nummularh, vel CoUyhlf- ta-i Liv. vii. 21. Suet. Aug. 2. 3. 4. Cic. Flacc. 19. fometimes appointed by the public, Liv. xxiii 21. A perfon who laid out money at intereft was faid Pecumam alicui V, apud aliquem occupnte, Cic. Flacc. 2 1 . Verr. i. ^^^-ponere, collocare, (Sfc. when he called it in, relegere, Horat. Epod. 2. ult. The Romans commonly paid money by the intervention of a banker, Cic. decin. 6. {in foro, et de menfa fci iptura, magis qiiam ex area domoque, vel cijla pecitnia numerabattir, Donate in Tcr. Adelph. ii. 4. 13.) whofe account books of debtor and creditor, {Tabulie vel codices accepti et expenft ; men fee ratior.es)^ were kept with great care, Ibid, hence Acceptum refare^ Cic. and among later writers, acceptum ferrcy to mark on the debt- or Cde, as received; Acceptilatio, a form of freeing one from an obligation without payment: Expenfum ferre^ to mark down on the Creditor fide, as paid or given away ; Expenfi la- tioy the acl: of doing fo : Ratio nccepti atque expenft inter nos con^ venit J our accounts agree. Plant. Mojl. i. 3. 146. In rationem indifcerewtl in tubiilis ratio/iem fcribere, to Itate an account, 6VV. Verr. i. 42. And becaufe this was done by writing down the fum and fubfcribing the perfon's name in the banker's books; liKtnct fcribere nummos alicui, \.Q.feperfcriptum\. chirographum cbligare ut folvat^ to promife to pay, Plaut. ,^Jin. ii. 4. 34. ra-' tionem accepti fcribere., to borrow. Id. True. iv. 2. 36. refcribere, to pay, or to pay back what one has received, Ter. Phortn. v. 7. 29. Horat. Sat. ii. 3. 76. (o per/cribcre, to order to pay, Ter^ Pk^riim. v. 7. 30. Cic. Att. ix. 12. Flacc. 19. whence per- scRiPTio, an aiTignmentor an order on a banker, Cic. Qtat. 2. 58. Att. iv. ult. Fbil. V. 4. Flacc. 30. Att. xii. 51. Hence alfo KOMlN is put for a debt, for the caufe of a debt, or for an article of an account. NOMINA.y^r^rf, to contra£l debt, Senec. ben. x. \. to give fecurity for payment, by fubfcnbjng the funi in a banker's books, Cic. Off. iii. 14. or to accept fuch fecurity, Cic. Fam. vii. 23. exigercy to demand payment, Cic. Verr. i. 10. So appellare de nomimy Att. v. 29. dijfolverey to difcharge, to pay* 502 ROMAN ANTIQJJITrES. pay. Id. Plane, l"^. folvere^ Att. vi. 2. expiingere^ Plaut. Cift. r. 3. 41. Explicarey Att. 13. 2(). Expedirey 16. 6. Tranfcr there nomina in niiosy to lend money in the name of others, Liv. 35. 7. Peciinia ei e;l in nominibus, is on loan, Cic. Verr, v. 7. Top. 3. In ccdicis extrema cera homen hijwwm in flagitiofa iituray the laft article at the bottom of the page IhamefuUy blotted, Cic. Verr. i. 36. /2/2/'/i7, articles of accounts, lb. 39. In tiibiilas nomen referred to enter afurn received, Mul- tis y^rri ticminibus acceptum rcfirrey to mark down on the debtor fide many -articles or fums received from Verres, Ihid. Hinc ratio cuvi Ciirtii:^ viultis nominibus, quorum in tabidis i/ie habet mdhimy i. e. Curtiis nihil expenfwn tiilit Verres, Ibid. Hence Cicero pleading" againfi: Verres often fays, Recita No- mina, i. e. reSy perfonasy caufasy in quas ilLy aut quibus ex- •penfum tulity the accounts, or the different articles of an ac- count, Afcon. Ccftii ncmind/us pecuniam debercy on certain ac- counts, Cic. Sl^iincl. I i.Non rcfert parvci nomina in <:(5 CiV. Att.v. 21. Nomina fc3atur tuonwr.y i. e. ut debitor cs laciat vsnatury feeks to lend to minors, a thing forbidden by jaw, Horat. Sat. i. 2. 16. Cantos nominibus ceriis expcndcre jiwfimoiy i. e.Jub chirographo bonis n'-minibiis vel dtb.toribus dare, to lend on fecurity to good debtors, Id. Ep. ii. i. 105. Locare nomen fp'jr.ju iviprobcy to become furety with an intention to deceive, Phadr. i. \Ck As the interefl: of money was ufually paid on the Kalends, hence called tristes, Horat. Sat. \. 3. 87. and cei.eres, Ovid, rented. yJmor. 561. a bock in which the fums to be demanded vi-ere marked, was called CALENDARIUM, Senec. bcncf. i. 2. vil. 10. Ep. 14. 87. ROMAN MEASURES of LENGTH, ^c. THE Romans meafured length cr diflancs by feet, cubits, paces, Uadluy and miles. The [Measures, b*r. 503 Tlie Romans, as other nations, derived the names of mea- fure chiefly from the parts of the human body ; DIGITUS, a digit or finger's breadch; Pollex, a thumb's breadth, an inch : PALMUb, an hand's breadth, a pahn equal to (=) 4 ^//V/V/ or 3 inches i PES, afoot, = 16 digits or 12 inches; Pala[ipes, a foot and an hand breadth; CUBITUS, a eubit, from the tip of the elbow, bent inwards, to the extremity of tlie middle finger, rr i ^ foot, the fourth part of a well pro- portioned man's Itature ; PASSUS, a pace, = 5 feet, inclu- ding a double flep, or the fpace from the place wliere the foot is taken up to that where it is fet down, the double of an or- ■'maty pace, gradus \'t\ grejfus. A pole ten tect long [decem- j ula) was called Pertica, a perch {qua/i Portica, a portan- do). The Englifh perch or pole is i6i feet. Una pertica traElare^ to meafure with the fame ell, to treat in the fame manner, Plui. Ep. 3. 2. Each foot (PES) was divided into /\palmi, or lianJ-breadlhs, 1 2 poUices^ or thumb-breadths, and 16 digitij or finger-breadths: Each digitus was fuppofcd equal to 4 barley-corns, [bordei gra^ na)y Frontin. de Aquccd. i. 2. But the Englifh make their inch only three barley- corns. The foot was alfo divided into 12 parts denominated from the divifions of the Roman as ; tiius, dodransy vcXjpithatmi, 9 pollices, or tiiici.t^ inches, Suet. Aug. 79. Plin. vii. 2. A cubit (CUBITUS, v. -um) was equal to a foot and a half, (fffquipes )^ 2 fpithamay 6 paftni, iS pol/iceSy or 2^ digiti. PASSUS, a pace, was reckoned equal to 5 feet ; Pliu. ii. 23. 125. Pajfus or 625 feet made a STADIUM or furlong; and 8 Stadia or 1000 paces, or 50CO feet, a mile, (MILLI- ARIUM, vel -re; vel MILLE, fc. pajjus -v . pajfuum ; Cic. Csecin. 10. Att. iii. 4. Gell. i. 16.) The Greeks and Perfians called 30 fladia parasanga; and 2 parafangs, Schoenos, Herodot. ii. 16. but others differ, Plin. V. 10. xii. 14. The Pvoman acre (JUGERUM, qucd uno j'ugo bouin in die exarari pctej}, Plin. xviii. 3.) contained 240 feet in length, and 120 in breadth ; tha.t is, 28800 fquare feet, ^in^U.'u 10. 42. Varr. R. R. i. 10. i. &c. The half of an acre was called actus quadratus, confifl- ing of I 20 feet fquare ; (ACTUS, in quo boves agerentur cum aratro u?io impetu juf.o vel protelot i. e. una traElu vel tenor ey .at one ftretch, without flopping or turning, Plin. xviii. 3. Do- nat. in Ter. Perm. i. 3. 36. ncn flrigantes^ without refling, /*/;>;. Id. I p. f. 49. Senec. f/-. 31. Phxdr. iii. 6. 9.) An 504 ROMAN ANTIQUITIES. An Englifh acre contains 40 perches or poles, or 66c feet in length, and f(;ur pohs or 66 feet in breadth. The Scots acre is fomewhat more than one fifth larger. The JuGiRTM was diviiied into the fame parts as an as ; hence uncla agriy the 1 iih part of an acre, Varr. de R. R. i. 10, ROMAN MEASURES of CAPACITT. •TTHE meafure cf capacity moft frequently mentioned by -* Roman autliors, is the AMPHORA, {^ex a^-?' et tip^, quod vas ejiii metifura: utrinque ferretur, duabus anfti), called alfo (^JADRANTAL, or CADUS, and by the Greeks, metreta or eeramtiim, a cubic foot, containing 2 iirn^^ 3 modiiy 8 congir^ ^S/extarri, and 96 hemina^ or cotyU. But the Attic amphora^ ^'.yJ'^t^'?"- to carve,) where* by they reprefcnted feveral things by one tigure. The Egyptians and Phceuicianu contended about the honour of having invented letters, Tacit, -inn. xi. 14. Plin. vii. 56. Lucan- iii. 220. Cadmus, the Phoenician, firft introduced letters into Greece, near 1 5coyears before Chrift, Herodot. v 58. then only Hxteen in number, a, ,■3, 7? ^5 S '5 ''^■> ^•> ,"■> "5 "5 '^•> h ="5 t-s ^- To theie, four were added by Palamedes, in the time of the Trojan v>- . -, ^, I, •^"'^ f*^"^ afterwards by Simonidcs, I, ;:, f, a;, P/ .... vii. 56. f. 57. Hygirufab 277. Letters were brought into Latium by Evander from Greece, Ibid, i^ Liv. \. 7. The Latin letters at firft were nearly of the fame form with the Greek, Tacit, ibid. Plifi. vii 5?^. Some nations ranged their letters perpendicularly, frcm the top to the bottom of the page, but mcft horizontally Some from the right to left, as the Hebrews, AHyrians, &c. Sonie from right to left and from left to right alternately, like cattle ploughing, as the ancient Greeks \ hence this manner of writing was called /Sa-r/rojrJcv. But moft, as we do. from left to right. The moft ancient materials for writing, were ftones and bricks, Jofeph. Ant. Jud i. 4. Ticit. Ann. ii. 60. Lucan. iii. 222' Thus the decalogue, or ten commandments, Exad. xxflv. I. and the laws of Mofes, Deut. xxvii. 8. Jcf. viii. 32. — then plates of brafsj Liv. iii. 57. Tacit. Ann. iv. 43. cr of lead, Plm. xili. 11, f. 21. Job xix. 24. and wooden tablets, Jfaiah XXX. 8. Herat, art. p. 39y. Geil. ii. 12. On thcfc, all public acts and monuments were preferved, Cic. Fcnt. 14. Liv. vi. 20. PU71. pan. 54. Herat, cd. iv, 8. 13. As the art of writing was little known, and rarely praclifcd, it behoved the materials to be durable. Capital letters only were ufed, as appears from ancient marbles and coins. The materials firft ufed in common for writing, were the leaves, or inner bark {lihtr) of trees ; whence Uai't-s ot paper, (^ckarta, folia, vel /%«^)> and LIBER, a book. The leaves of trees are ftill ufed for writing, by feveral nations of India. Afterwards linen, Liv. iv. 7. 13. 20. and tables covered with wax were ufed. About tlie time of Alexander the Great, pa- per firft began to be manufa£tured from an -5i^gyptian plant or reed called PAPYRUS, vel -://«, whence our word paper i or BIBLOS, whence /5'>- i. a iDook. The Papyrus was about ten cubits high, and had feveral coats or f^ins abo'.*e one another, like an onion, which they feparated Method cf Writing. 507 feparated with a needle. One of thefe membranes {philyi\ry \c\fthedLe)y was fpread on a table long wife, and another pla- ced above it acrofs. The one was called Jlamen^ and the oi\xQ.x fiihicmen^ as the nvarp and the was/ in a web. Being moiftcned with the muddy \vai;r of the Nile, which ferved jnflead of glne, they were put under a prefs, and after that dried in the fun, * Then thefe flieets, {plagiiL'Sy \e\ fcheda:)^ thus prepared were joined together, end to end, but never more than twenty in what was called one SG APUS, or roll, Flin. xiii. 11. f. 21. The llieets were of different fize and quality. Paper wm5 fmoothed with a fliell, or the tooth cf a boar, or fome other animal : Hence charta dent a: a, fmooth, polilhed, Cic. ^ff' ii. 15. The fined paper was called at Rome, after Auguitus, Augusta regia; the next Liviana j the third HiKRATiCA, which ufed anciently to he the name of the fraeft kind, being appropriated to the facred volumes. The Emperor Claudius introduced fome alteration, fo that the finell paper after him w^as called Claudia. _ The inferior kinds were called Amph'aheairica^ Saitica^ Leneotica, from places in /i]gypt where paper was made; and Fanniana, from Fannius, who had a noted manufa£iory {oJJlc~ina) for drelBng -Egyptian paper at Rome, Plin. ib. Paper which ferved only for wrappers, [invclucra vcl fegef- tria, fmg. e)y was called Emporetica, becaufe ufed chieiiy by merchants for packing goods, P//«. xiii. 12. eoarfe and fpongy paper, Scabra Bibula'que, Plin. ep.vm. 15. Fine paper of the largeft fize was called MACROCOLLA, {■c. charta, as we fay, royal or imperin/'p^pery and any thing written on it, INIacrocgllu:.!, fc. volumen, Ibid. & Cic. Att. ■-iii. 25. xvi. 3. The exportation of paper being prohibited by one of the Ptolemies, out of envy againft Eumenes, king of Pergamus, who endeavoured to rival him in the magnificence of his libra- ry, the ufe of parchment, or the art of preparing flcins for writing, was difcovered at Pergamus, hence called PERGA- 1\IENA, {c. charta, vel Heaierana, parchment. Hence alfo Cicero calls his four books of Academics, quatucr Stp^iplai^ i. e. //bri e membranisfacl'i, Att. xiii. 24. Some read c rado)y on which they might eafily erafe [dele e) what was written, and write it anew. Martial, xiv 7. Cic. Fav7. vii. 18. But it feems this might have been done on any parchment, Horat. Jrt. p 389. They fometimes varied the expreffion by interlining, (fuprafcripto)y Plin. ep. vii. 12. The Romans ufed to have note-books, (ADVERSARIA, "Onim), in which they marked down memorandums of any thing, that it might not be forgotten, until they wrote out a fair copy j of an account, for inftance, or of any deed, (ut ex iisjvfta tabula confcerentur), Cic. Rofc. Com. 2. &3. Hence refer re in adv-crfanay to take a memorandum of a thing, ib. The Romans commonly wrote only on one fide of the pa- per or parchment, and always joined {aggluiinabant) one Iheet (fcbeda) to the end of another, till they finifhed what they had to write, and then rolled it up on a cylinder orftaff; hence VOLUM EN, a volume, orfcroll; evolvere librum, to open a book to read, Cic. Tufc. i. i !. Top. 9. animi fui com- phcatam notionem evolverey to unfold, to explain. Off. iii, 19. An author generally included only one book in a volume, fo that ufually in a work, there w as the fame number of volumes as of books. Thus i)vid calls his fifteen books of Metamor- phofes, mutata ter quinque vcluminc format Trift. i. 1. 1 17. So Cic. -Tiijc. iii. 3. Att. ix. i j, Fam. xvi, 17. When the book 510 ROMAN ANTIQ^UITIES. was long, it was fometimes divided into two rolumes ; thus, Studiosi tres, i. e. three books on Rhetoric, m [ex volurnincb •propter nmphtndinnn divifi^ Piin, ep. iii. 5. Sometimes a work, confifting of many books, was contained in one voiume; thus, Hcmeriis totus in uno vol'jminey i. e. forty-eight books, Ulpian. /. ^1. D. de legat. iii. Hence annsfa vcltimina vatumy aged books, Horat. ep. ii. i. 26. Perr.gere vohiminay to compofe, Pliv. ib. When an author, in compofing a book, wrote on both fides {in vfraque ragirin) of the paper or parchment, it was called OPiSTOGRAPHUS, vel -ov, VVm. ih. i. e. /rriptus et in tergOy (fx o^'s-s-fv, a tergo, tt y ("■;v. 18. — 41. ^■:,. crbis terrarum, Id. xxxviii. 47. Cic. divin* ii. 56. 80 C/V. J^err. iv. 48. Cutilix laciiSy in quo Jtiicliiet infida^ Italia innbiL- etfs^ Plin. iii. 13. f. 17. and for a flic'J or pebble, Cic. Oral. ii. 6. The Romans ufually carried with them, where-ever they M-ent, fmali writing tables, called PUGILLARES, vel -ia^ (quod non majorcs erant quam qua; pugno, vel pt/gillo compre- henderetituVj vel quod in lis fiilo pungendo fa-ibebati^r)^ by PIo. mer, ^'vaxtf, 7/. vi. 169. hence faid to have been in ufe before the time of the Trojan war, Plin. xiii. n. on w])ich they marked down any thing that occurred, Plin. ep. i. 6. Ovid. Met. ix. 52c. eiiher with their own hand, Plin. viii. 9. or by mean- of a Have, called from his ofHce, NOTARIUb, Id. iii. 5. ox TA5ELL4.R1US, Cic. Phi!, ii. 4. Method of W riting. 5 1 1 The pugHlatrs were of an oblong form, made of citron, or boxwood, or ivory, alfo of parchment, covered with coloured or white wax, Oviil. //mor. i. 12. 7. Aiartial. xiv. 3. contain- ing two leaves, [duplicesy f'^ru^oAj three, four, five, or more, .Martial, ib. with a fmall margin, raifed all around, as may be feen in the models of them which ftill remain. They wrote on them, {exurabant) with zjlilus ; hence Ceris etjjyh intuinbere, for in pugil/aribits/cnbcre, Plin. Ep. vii. iy. Remit- tt'ie Jiiium^ to give over writing, Ih. As the Romans never wore a fword or dagger in the city, Plin. xxxiv. 14. f. 39 they often, upon a fudden provocation, ufed the grophiiim or JiUus, as a weapon. Suet. Caf. 82. C 28. CI. 15. 35. Senec. de clem. i. 14. which they carried in a cafe, {tkeca calamaria aut graphiaria^ \t\ graphiariuin)^ Martial, xiv. 2 1 . Hetice probably the JJi/etio of the modern Italians. What a perfon wrote with his own hand, was called CHI- ROGRAPHUS, vel -///«, Cic. Fam. xii. i. xvi. 21. Suet. Jul. 17. Aug. 87. which alfo fignifies one's hand or hand- writing, Cic. Phil. ii. 4. Fam. ii. 13. x. 2i.- Att. ii. 20. Nat. D. ii. 74. Verjus ipfms chirographo Jcripti^ with his own hand. Suet. Ner. 52. Chirographum altcujus imitariy id. Aug, 64. Tit, 3. But chirographum commonly lignifies a bond or obligation, which a pei fon wrote, or fubfcribed with his own hand, and fealed with his ring, Juvenal, xiii. 137. Suet. Cal. II. Whea the obligation was figned by both parties, and a copy of it kept by each, as between an undertaker and his employer, &c. it was called SYNGRAPHA, -ns^ vel -um, Afcon. in Verr. i. 36. Plaut. Afm. iv. i. which is alfo put for a paflport or furlough, Flaut. Capt. ii. 3. 90. A place where paper and inftruments for writing, or bcioks were kept, was called SCRINIQM, vel CAPS A, an efcritoir, a box or cafe, {arcula^ vel loculus), Horat. Sat. i. i f. 4, 2 2. and lo, 63. commonly carried by a flave, who attended boys of rank to fchool, Juveaal x. 117. called Capsakius, Suet. Ner. 36. or LiBRARius, Jd. CI. 35. together with tlie private irt- ilructor, P.t.dagogus, Jbid. alfo for the mod part of fervile condition, Plaut. Bacch. i. 2. diltinguilhcd from the public teacher, called PRECEPTOR, Plm. ep. iv. 13. Senec. de Ir. ii. 22. Doctor, vel Magister, Id. pafwg. 47. but not pro- perly DoAiiNUS, unlefs ufed as a title of civility, as it foms- times was. Suet. Cl. 21. Tacit. Ann. ii. 87. efpecially to a per- fon whofe name was unknown or forgotten, as Sir among us, Senec. ep. iii. 47. thus, Domina is ufed ironically for miitrcfs or nr.idam, Ter, Ueaut.'w. \, 15. Auguftu;; would not allow himfel£ 512 ROMAN ANTIQUITIES. himfelf to be called Dominus, wet. 53. nor Tiberius, Id. 27. becaufe that word properly fignifies a majier of Jlaves^ {qui do- rcii ptaejiy vel iniperat)^ Ter. iiun iii. 2. 33. An under-teacli- cx was called Hypodidasculus, Cic. Fam. ix. 18. Boys of inferior rank carried their fatchels and books them- felves, {l or the like : So Horace, £p.\. 8. Hence Jalutem alicui mittere, Plaut. Pfeud. i. 1. 39. Ovid. Her. xvi. i. xviii. i. &c. multawy vel plurimam dicere^ adfcribere, dare, inipertire^ nuntiare, referrcy &c. as we exprefs it, to fend compliments, &c. Cic. Fam. xiv. I. Att. xvi. 3. They ufed anciently to begin with. Si vales, bene est, vel GAUDEO, EGO VALEO, Senec ep. 15. Plin. ep. i. 1 1. Cic. Fam. V. 9. 10. xiv. 8. II. See. which they often marked with capi- tal letters, Hirt. B. Hifp. 26. They ended with Vale, Ovid. ^rifu V. 13. 33. CuRA UT VALEAS ; fometimes ave or salve to a near relation, with this addition, mi anime, mi suavis- siMF, &c. They never fubfcribeJ their name, as we do, but lometimes added a prayer for the profperity of the perfon to whom they wrote \ as, Decs obfecra ut te confervent. Suet. Tib. 21. which was always done to the Emperors, Dio. Ivii. 1 1. and palled SuBscRiPTio, Suet. Tib. 32. The day of the month, fometimes the hour, was annexed, Suet. Aug. 50. Letters Method c/* Writing. 51^ Letters were fent by a meflenger, commonly a flave, called TABELLARI'JS, Cic. for the Romans had no eftabUOied poft. There fomecimes was an infcription on the outGde of the letter, fometimes not, Plutarch, in D'one. When Deci- mus Brutus was bafieged by Antony at Mutina, Hirtius and Odlavius wrote letters on thin plates of lead, which they fent to him by means of divers, [urinatores)^ and fo received his an- fwers, Dio. xlvi. 36. Frontin. iii. 13. 7. Appian mentions let- ters infcribed on leaden bullets, and thrown by a fling into a befieged city or camp, Mithrld. p. 191. See Dh. xl. 9. li. 10. Julius Ccefar, when he wrote to any one what he wifhed to keep fecret, always made ufe of the fourth letter after that which he ou2;ht to have ufed ; as d for a, e for b, ^;-. Suet. Caef. i,6. Dio. xl. 11. Auguftus ufed the letter following, Dio. li. 3. as B for a, and c for B ; for s, aa^ Suet. Aug. 88. Ifidor. i. 24. So that thofe only could underfkand the mean- ing, who were inltrucled in their method of writing, Gelh svii. 9. The Romans had (laves or freed men who wrote their let- ters, called AB EPiSTOLis, ^uet. Claud. xZ. (a manu, vel A- MANUENSEs), &uet. C^f. 74. 4ug. 6-j. Vefp, Tit. i. 3. and ac-* counts, (a rationibi.s, vel ratiocinatores^ Cic. Att. i. 12. Suet. Claud. 28.) alfo who wrote fhort-hand, (Actuarii, Suet. Jul. 55. vel NoTARii, Senec. Ep. 90.) as quickly as one could fpeak; Currant verba licet, manus eft velocior illisy Mar- tial, xiv. 208. on waxjen tables, Aufon. Ep. 146. 17. Manil. iv. 195. fometimes put {oxamanuenfes, Plin. Ep. iii. 5. ix. 36.) who tranfcribed their books, (Librarii), Cic. Att. sii. 3. Liv. xxxviii. 55. who glued them, . glutinatores, Cic. Att. iv. 4. vulgarly called librorum concinnatores vel compct^lore?, P>tS>M,rri- ><>», book-binders); polifhed them with pumice ftone, (pumice poliebanty vel lavigabant, Ovid. Trift. i. i. 9. iii. i. 13.) anoint- ed them with the juice of cedar, [cedro iflmebant), to preferve them from moths and rottennefs, {a titieis et cirie). Ibid. & Plin. xiii. 12- Martial, iii. 2. v. 6. viii. 61. (Hence carmina cedry linenda^ worthy of immortality, Horat. art. p 3311 So Perf. i. 42.) and marked the titles or index with vermilion, (Mini- um, V. cinnabaris, Ovid. Ibid. Plin. xxxiii. 7.) purple, [coccui vel purpura). Martial, ib. red-e.irth, or red-ockre, {rubnca). See p. 223. who took care of their library, (a bibliotheca), Cic. Fam. xiii. 77. aflitted them in their ftudies, (a stUDIIS, Suet, Cal. 28.) read to them, (ANAGNOST.fi, fing, -fx, Cic. 3 T 2 Attv 5i6 ROMAN ANTIQJJITIES. Att. i. 12. Fam. v. 9. Nep. Att. 14. Lectores, Suet. Aug. 78. Plin. Ep. viii. i.) The freed-men, who afted in fome of thefe c apacities under the Emperors, often acquired great wealth and power. Thus NarcifTus, the fecretary [ah epiJloUsy velfecretis), of Claudius, and Pallas, the comptroller of his houfehold, [a rationibus)y Suet. Claud. 28. So the mafter of requefts, {a libe/lis)y Suet. Dom. 14. Tacit. Ann. xv. 35. xvi. 8. The place where paper was made, was called OFFICINA chartanay Plin. xviii. i o. where it was fold, TABERN A ; and fo Officin^ armorum, Cic. Phil. vii. 4. Cyclopum, workhoufes, Horat i. 4. 8. Sapienti^, Cic. kgg. i. 13. omnium artmmy eloquentia, vel dicendiy fchools, Id. Orat. 13. Fin. v. 3. But cfficina l^ tabertia are fometimes confounded, Plin. x. 43. f. 60. A ware-houfe for paper, or books, or any merchandife, Apotheca -y a bookfeller's (hop, Taberna libraria, Cic. Phil. ii. 9. or fimply Librariay Gell. v. 4. Librarium, a cheft for holding books, Cic. Mil. 12. The ftreet in Rome, where bookfellers [bibliopdU) chiefly lived, was called Argiletus, Mart. i. 4. or that part of the forum or ftreet, called Janus ; where was a temple or ftatue of the god Vertumnus, Horat. ep. i. 20. i. LIBRARIES. A Great number of books, or the place where they were kept-i was called BIBLIOTHECA, a library, Fejhs. The firft famous library was coUedled by Ptolemy Philadel- phus at Alexandria in Egypt, B. C. 284. containing 700,000 volumes, Gell. vi, 17. the next, by Attalus, or Eumenes, king of Pergamus, Plin. xili. 12. Adjoining to the Alexandrian library, was a building, called !^'IUS£UM, (i. e. domiciliumy fpecus \t\tetnplum mufis dicatum)y Plin. Ep. i. 9. for the accommodation of a college or fociety {^(Tu.ici-i'^ of learned men, who were fupported there at the public expence, with a covered Valk and feats, {exedr^), where they might difpute, Strab. 17. An additional mujeuni was built there by Claudius, Ziiet. Claud. 42. Museum is ufed by us for a repcftiory cf learned curi^Jsties i as it feems to be by Pliny, xxvii.. 2. i. 6. A '• Libraries. 517 A great part of the Alexandrian library was burnt by the flames of Csfar's fleet, when he fet it on fire to fave himfelf, Plutarch, in Csf. ^ Dio. 42. 38. but neither Caefar himfelf nor Hirtius mention this circumftance. It was again reftored by Cleopatra, who, for that purpofe, received from Antony the library of Pergamus, then confifting of 200,000 volumes, Plutarch, in Anton. It was totally deflroyed by the Saracens, A. 642. The firft public library at Rome, and in the world, as Pliny obferves, was ere6ted by Afmius Pollio, Plin. vii. 30. xxxv. 2. in the Atnum of the temple of Liberty, Ovid. Triji. iii. i. *ji. on Mount Aventine, Mart. xii. 3. 5. Auguftus founded a Greek and Latin library in the temple of Apollo on the Palatine hill, Suet. 29. Dio. liii. r. and an- other, in name of his fifter Octavia, adjoining to the theatre of Marcellus, Plutarch, in Marcell. Ovid. TriJl. iii. t. 60. & There were feveral other libraries at Rome ; in the Capitol, Suet. Dom. 20. in the temple of Peace, Gell. xvi. 8. in the houfe of Tiberius, Gell. xiii. 18. &c. But the chief was the Ulpian library, inftituted by Trajan, Gell. xi. 17. which Dioclefian annexed as an ornament to his Therma^ Vopifc. in Prob. 2. Many private perfons had good libraries, Cic. Fam. vii. 28. ^fr. iii. 4. Att. iv. 10. Plutarch, in Lticull. Senec. de tranq, 9. Herat. Od. i. 29. 13. particularly in their country villas, Cic. Fin. iii. 2. Martial, vii. 16. Plin. Ep. ii. 17. Libraries were adorned with (latues and pi£lures, Suet. *Tib, 70. Plin. Ep. iii. 7. iv. 28. particularly of ingenious and learned men, Plin. xxxv. 2. Juvenal, ii. 7. the walls and roof with glafles, Boeth. Ccnfol. Plin. xxxvi. 25. Senec. Ep. 86. Stat. Silv, i. 5. 42. The books were put in prefles or cafes, (Armaria vel caps;e), along the walls, which were fome- times numbered, Vopifc. Tac. 8. called alfo Foruli, Suet. Aug. 31. Juveiial. iii. 219. Loculamenta, Senec. tranq. ^. Nidi, Martial. \. 118. but thefe are fuppofed by fome to de- note the lefler divifions of the cafes. The keeper of a library was called a Bibliotheca ; Bib' liothecarius is ufed only by later writers. HOUSES 5x8 ROMAN ANTIQUITIES. HOUSES OF THE ROMANS. '"pHE houfes of the Romans are fuppofed at firft to have -■■ been nothing elfe but cottages, (cafa^ vel tuguria)^ thatched with ftraw, Ovid. 4mor. ii 9. 1 8. hence CULINIEN, the roof of a houfe, (quod culm'u tegebaturj^ Serv. in Virg. Eel. i. 6. ^n. viii. 654. After the city was burnt by the Gauls, it was rebuilt in a more folid and commodious manner ; but the hafte in build- ing. prevented attention to the regularity of ftreets, Liv. v. ^^. D 10 dor. xiv. 1 16. The houfes were reared every where without diftindlion, {f!ulla dijiinclione pa/jftm eren^e)y Tacit. Ann. xv. 43. or regard to property, (omijjo fui alienique Aifcrim'tney adeo ut forma urbis ejfct Dccupatct magis^ quam divija: ftmilis)^ where every one built in what part he chofe, Liv. ib. and till the war with Pyrrhus, the houf."S were covered only with ftiingles, or thin boards, (SCANDUL^, vtlfci/idulx, i. e. tabelU in parvas laminas fcif- ja:)y Plin. xvi. 10. f. 15. ^ It was in the time of Augullus, that Rome was firft adorn- ed with magnificent buildings ; hence that Emperor ufed to boaft, that he had found it of brick, but (hould leave it of mar- ble ; Mnrmoream fe reliuquere^ quam loteritiam accepiffety Suet. Aug. 29. The ftreets, however, ftill were narrow and irre- gular. Suet. Ner. 38. Tacit. Ann. xv. 38. and private houfes not only incommodious, but even dangerous from their height, and being moftly built of wood, Juvenal, iii. 19;^. &c. Scalis habito tribus^ fed altisy three ftoreys high, Martial, i. 118. . In the time of Nero, the city was fet on fire, and more than two thirds of it burnt to the ground : Of fourteen wards (regtones), into which Rome was divided, only four remained entire, Tacit. Jnn. xv. 40. Nero himfelf was thought to have been the author of this conflagration. He beheld it from the tower of Miscenas, and delighted, as he faid, with the beauty of the flame, played the taking of Troy^ dreft like an a£lor. Suet. 38. Tacit. Ann.xv. 39 40. 44. The citv was rebuilt with greater regularity and fplendour. The Houses o/" /^^ Romans. eip The flreets were made ftraight and broader. The areas of the houfes were meafured out, and their height reftriQed to 70 feet, as under Augullus, Strnb. v. p. 162. Each houfe had a portico before it, fronting tiie ftreet, and did not com- municate with any other by a common wall as formerly. It behoved a certain part of every houfe to be built of Gabian or Alban ftone, which was proof againit fire, ['gnibus iinpervius)y Tacit. Ann. xv. 53. Thefe regulations were fubfervient to ornament as well as utility. Some, however, thought that the former narrow- nefs of the flreets, and height of the houfes, were more con- ducive to health, as preventing by their fliade the excefhve heat, Ibid. Buil'iings, in which feveral families lived, were called IN- SULiE ; houfes in which one family lived, DOMUS, vel jEdfs private, Svet. Ner. xvi. 38. 44. Tacit. Ann. vi. 45. XV. 41. See p. 52. We know little of the form either of the outfide or infide of Roman houfes, as no models of them remain. The fmall houfes dug out of the ruins of Pompeii bear little or no re- femblance to the houfes of opulent Roman citizens. The principal parts were, I VESTIBULUM, which was not properly a part of the houfe, but an empty fpace before the gate, through which there was an accefs to it, Gell. xvi. 5. Cic. Cacin. 12. Plant, Moji. 'in. 2. 130. Tlie veftibule of the golden palace [aitrea doinus) of Nero, was fo large, that it contained three porticos, a mile long each, and a pond like a fea, furrounded with buildings like a city. Suet. Ner. 30. Here alfo was a colofTus of himfelf, or ftatue of enormous magnitude, 120 feet high. Seep. 348. 2. JANUA, ofliut)!, vd fores, the gate, (Porta tnurorum et cnjirorum ; ]A'SVAparietis et doinorum), made of various kinds of wood, cedar or cyprefs, Virg. G. ii. 442. elm, oak, he. O- vid. Met. IV. 487. Amor. ii. 1.25. fometlmes of iron, Plant. Per/, iv. 4. 21. orbrafs, Plin. xxxiv 3. and, efpecially in tem- ples, of ivory and gold, Cic. Verr. iv. 56. Plin. viii. 10. The gate was commonly raifed above the ground, fo that they had to afcend to itbyfteps, Virg. /En. ii. 492. Sen. ep. 84. The pillars at the fides of the gates, projeding a little with- out the wall, were called ANTJE, and the ornaments affixed to them, wrought in wood or ftone, Antepagmenta, Fejlns. ■\Vhep the gate was opened among the Romans, the folds (VALViE, 520 ROMAN ANTIQUITIES. (VALV^, qucd intus revolvantur) bent inwards, unlefs :t was granted to any one by a fpecial law to open his door outward ; as to P. Valerius Poplicola, and his brother, who had twice conquered theSabines, [id dotnus eonan fora extra aperireutur\ Plin. xxxvi 15. after the manner of the Athenians, whofe doors opened to the ftreet, (/// publicum); and when any one went out, he always made a noife, by ftriking the door on the infide, to give warning to thofe without, to keep at a diftance: Hence Crepu IT fOris, Loncrepuit a Glyceric ojliumy the door of Glycerium hath creaked, i. e. is about to be opened ; Ter. And, iv. I. 59. Hec.'u. J . 6. Plant. Amph. i. 2. 34. This the Greeks called 4'?"" Si^fS'; and knocking from without, M-xreiv, ^ulfare vcl pultare. A flave watched (fervahat) at the gate as porter, (JANI- TOR), Ovid. Fajt. i. 138. hence called OSTIARIUS, puer jiB JANUA, ISep. Han. 12. ClauJlrituvmSy Cell. xii. 10. ufually in chains, [caienattis)^ Columel. pnef. Ovid. Am. i. 6. i. & 25. which when emancipated, he confecrated to the Laresy Ho- rat. i. 5. 65. or to Saturn, Mart. iii. 29. armed with a flafF or rod, [aritndo,ve\ virga), Senec. de Confl. 14. and attend- ed by a dog, likewife chained. Suet. Vit. 16. Senec, de. Ira^ iii, 37. On the porter's cell, was fometimes this infcription. Ca- ve CANEM, Petron. 29. Plaut. Mojl. iii. 2. 162. Dogs were alfo employed to guard the temples, Cic. Sext. Ro/c. 20. Arnob. vl. and becaufe they failed to give warning, when the Gauls attacked the Capitol, Liv. v. 47. a certain number of them were annually carried through the city, and then impaled on a crofs, Flip., xxix. 4. Females alfo were fometimes fet to watch the door, (Jani- trices), ufually old women, Plaut. Cure. i. i. 76. Tibull. 1. 'J. 67. Petron. 55. On feflivals, at the birth of a child or the like, the gates \i-cre adorned with green branches, flowers, and lamps, Juvenal. jx. 85. xii. 91. as the windows of the Jews at Rome were on Sabbaths, Seuec. 95. Per/, v. 180. Before the gate of Auguf- tus, by a decree of the fenate, were fet up branches of laurel, as being the perpetual conqueror of his enemies ; Ovid. Trijl. iii. I. -^9. Plin. xv. 30. f. 39. hence Laureat^s'^fores. Seiiec. ad Polsb. 35. Laurigeri Penates; Martial, viii. i. So a CTOwn of oak was fufpended on the top of his houfe as being the preferver of his citizens, Plin. xvi. 3. which honour Ti- berius refufed ; Suet. 16. The laurel branches feem to have been fet up on each fide of the gate, in the veftibule ; and the civic . Houses of the Romans. 52? civic crown to have been fufpendeci from above between them: hence Ovid fays of the laurel : mediamque tuebere querctim^ Met. i. 563. The door, v/hen fhut, was fecured by bars, {obices^ clauf- tra, repagala, vs5Ji's :) iron bolts, (peffidDy chains, Juv. iii. 304. locks, ^/2'r.f), and keys, (r/aves,): Hence obdere pefu/um forlbiiSy to bolt the door, Ter. Heaut. ii. 3. 37. occluder e ofiium pefJiiHsj with two bolts, one bjlow, and another above, Plaut. AitL i- 2 25. unclnum immittere^ to fix the bolt with a hook ; . obj'l' rare fores ^ vel cfliutny to lock the door, TVr. Eun. iv. 6. 25. fernm ponerCi Juvenal, vi. 34. appofitd janua fulta ferd, lock'd, Ovid. Art. A. ii. 244. referarey to open, to unlock, Ov'id. Met, X. 384. excutcre polle fcraniy Am. i. 6. 24. &c. It appears, that the locks of the ancients were not fixed to the pannels [impages) of the doors with nails like ours, but were taken off" when the door was opened as our padlocks : Hence, et jaceat tacitd lap/It catena ferdy Propert. iv. 12. 26. Knockers [marculi v. mallei) were fixed to the doors, or bells [tiiUi'Diabula] hung up, as among us, Suet. Aug. 91. Senec. de Ira^ iii. 35. Dio. Hv. 4. The porter ufually afked thofe who knocked at the gate, who they v/ere, Cic. Phil. ii. 31. He admitted or excluded fuch as his mafter directed, Suet. 0th. 3. Seme, ep, 47. Some- times he was ordered to deny his mailer's being at home, Cic. Qrat. ii. 68. Alartial. ii. 5. v. 23. Ovid. Art. Am. ii. 521. Befldes the Janitor, the emperors and great meii had per- fons who watched or kept guard in the veftibule, (Excubi.b, vel custodia). Tacit. Ann. xv. 52. to v/hich Virgil alludes, jEn. vi. SS5- 574- A door in the back part of the houfe was called POSTI- CUM, xdpofilcum ojliuniy Plaut. Stich. iii. i. 40. Horat. Ep. i. 5. 31. or FsEUDOTHYRUM, v.-o//, Cic. Verr. ii. 20. Red. in Senat. 6. that in the forepart, Anticum, Feflus. 3, The J anna, or principal gate, was the entrance to the ATRIUM, or AULA, the court or hall, which appears to have been a large oblong fquare, furrounded with covered or arched galleries, (porticus teSl^ vel laqueata)y Aufon. Edyll, X. 49. Three fides of the Atrium were fupported on pillars, in latt- er times of marble, Plin. xvii. i. — xxxvi. 2. & ?. The fide oppofiie to the gate was called TABLINUMj and the other tv/o fides, ALJE, Vitruv. vi. 4. The iablinujn was filled with books, and the records of what 3ny one had done in his raagiftracy, Fliti, xxsv. 2. 3 U In 522 ROMAN ANTIQJJITIES. In the atriutny the nuptial couch was erected, Step. 461. the miftvefs of the family with her maid-fervants, wrought at fpliiiii 1' and weavin , '.'tc. Altl. 5. 2scp.pi-af. [In medio adiuiTii i, e. i.\ atrio, Li- . i. 57.) Tht anr em Romir: i^'^d every method to encourage do- meflic iniHiftry in wor- Spinning and weaving conflitu- ted their cliief viT'ployivient. To this the rites or mirriage diretled their attention, See p. 465. Hence the frequent allufions to it in the poets, f^ir^, Mn- viii. 408. ix. 488. and the atrium feems to have been the place appropriated for their working, [ex vetere more in atria tela texcbatitur, Afcon. in Cic. pro RIil. 5.) that their induflry might be confpicuous : Hence the quahties of a good wife, ^morigerce uxor is) ; prohitast fonnay fides^ fanin pudiLitiiTy Iamji~ ctrque manus, Aufon. Parent, ii. 3. xvi 3. But in after times, women of rank and fortune became fo luxurious and indolent, that they thought this attention below them. Nunc pleraque Jtc luxu et inertia dejiuunty ut ne lanificii quidem curam fufcipere dignentury Columel. Proem. On this account, (laves only were employed in fpinning and weaving, (Textorks et tjzx- TRiCES, lanipciy et -tf), and a particular place appropriated to them, where they v.Toaght, (texirina, vc/'-um). Tlius Verres appointed in Sicily, Cic. Verr. iv. 26. The principal manufacture was of wool; for although there were thofe who made linen, linteones, Plnut. yful. iii. 5. 38. Serv. in JEn. vii. 14. and a robe of linen, [yejlis linteay) ferns to have been highly valued, Cic. Vcrr. v. 56. yet it was noc much worn l^e principal parts of the woollen manufa£lure are defcri- Ifd by Ovid, Met. vi. 53. dreifmg the wool ; picking or tea- ling, combiiig, and carding it, [lanam carpercy peclercy v. prc- iviirCy carminare, ^'C.) fpinning [nere, poet, ducere, vel tr,i~ here) with a dillaff, (coLUs), and fpindle, (fusus), winding or forming the thread into clews, [g(otnerare) ; dyipg, {tingerct Jiicarey fuco medicare). The wool feems to have been fometimes put up in round balls, [ghtnerari in orbes)^ before it was fpun, Ovid. lb. 19. Uorat. Ep. i. 13. 14. "Wool, when new cut, [recens tcnfa), with Its natural molf- tnre, ti'as called SUCCIDA, [a fucco, Farr.) fo viuller/uc- iida, plump, Plaut. Mil. iii. 1 193. It ufed to be anointed with wine or oil, or fwine's greafe, to prepare it for being dy- ed. Spinning am Weaving. 523 dyed, Juvenal, v. 24. Plin. viii. 48. xxix. 2. Varr. R. R. ii. II. The loom, [mr.skina in qua tela texitur)^ or at leaft that part to whicli the web was tied, was called TUGUM, a cyhnder or round beam acrol's two other beams, m this form, n, re- fembling the j'.giim ignomln'iofumy under- w^hich vanquiftied enemies were inade to pais, Fejlus k3 Lw. iii. 28. The threads or thrums which tied the web to the jugxmty were called IJCIA •, the tlireads extended longwife, and alter- nately raifetl and depreffed, STAMEN, the warp, {a jiando)^ becaiife the antients rtood when they wove, placing the web perpeni'icuiariy, (whence Ridhjldntis (i. e. pendentis) /)^rr?/r- rensjlamlna telaeyO\\A, met. iv. 275) and wrought upwards, in altitudinem, veXfurpim verfuniy Fellus), which method was dropt, except by the linen weavers, (Linteones) ; and in weaving tlie Tunica Rccla, lb. The threads inferte.i into the warp, were called SUBTEMEN", thii 10 oof or IV eft, {qa^Cifil'ie.ximef!, yQlfvojiamen), fome read fubtcgmeuy but improperly : 'he inUrument which ieparated the threads of the warp, ARl'!T")0, the reed j wh:ch inf^rted the woof into the warp, li.': L'lU :>, the fl:uttle : which fixed it when inferted, PEC I'EN, :.ie lay, O^ld, Me!;, vi. 53. vel Spatha, Seuec. Ep. 91. ' '.entl.e web wa^ wove.: upright, a thin piece of wood, like a 1 a ord, feems tc have been ufed for this purpofe ; as in the weavhig of Arras, of Turkey car- petting, &c. in which alone, the upri^'ht n;ode of working is now retained, the weft is driven up \'th in i'ldrument fome- what like a hand, with the '^cg.-rp Hr-tched out, ioade of lead or iron. It is doubtful whctner the jncients niade ufe of the reed and la'^ for driving up the weft as the moderns do. The principal part of the machinery of a loom, vulgarly called the Caam or Middles, con'pofed of eyed or hooked threads, through which t"ie warp pafles, and which, being alternately raifed and deprefled by the motion of the feet on the Treadles, raifes or deprefles the warp, and makes thejhedfot trnnfm'' ' g the fliuttle with the weft, or fomething fimilar, feem- liu to have been called LICIA; hence Licia tela addere, to '.r.p re the web for weaving, to begin to weave, irg. G. i. 285. When figures were to be woven on cloth, feveral t ireads of the warp of different colours were alternately raifed and de- prelled -, and in like manner, the woof was infertea : If, tor infi:ance, three rows of threads {tria licia) of different cc .afs were raifed or inferted together, the cloth was olkd TivT- LIX, v.rcught with a triple tiffue or watp, which admitted 3 U 2 the ^24 ROMAN ANTIQJJITIES. Wf the raifing of threads of any particular colour or quality at pleafure, Firg. jEn. iii. 467. v. 259. vii. 639. So BiLiX. Id. xli. 375. Hence the art of mixing colours or gold and filver in cloth : thus, Fert piBumtas auri Jubtemiv.e •vefieSy figured Avith a weft ol gold, Virg. JEn. iii. 483. The warp was alfo called TRAjMA, Settee. Ep. 9J. Hence trSma fjgura:^ flcin and bones, like a ihread-bare coat, Per/, vi. 73. but Servius makes trama the fame v;\t\\fiihi£mcn, Virg. JEw. iii. 483. The art of embroidering cloth with needle work {acu piti' gcrc) is faid to have jbeen firft invented by the Phrygians ; whence fuch veils were called PHRYGiONiiE, Plin. viii. 48. f. 74. — the interweaving of gold, [aiirtim intexere), by King Attains; whence Vestes Attalic^, lb. & Prcpert. iii. 18. : 19.— the intci weaving of different colours [colcres diverfos piclu- ra integer e) by the Babylonians ; hangings and furniture of which kind of cloth for a dining-room [tricliraaria Bahyhfiica) coft Nero L. 32,281 : 15 ■.4. qvadragies feJlcrUo ; and even in the time of Cato cofi. Zoo ^oco fejTertiiy Plin. ibid.^the raifing of feveral threads at once, (p'aiiirr.is liciis icxere), by the people of Alexandria in yEgypt, which produced a cloth iimilar to the Babylonian, called Polymita, [ex-^'-^'^i^multuSy et H-^'r'^i> fduni)y Ih. & Martial xiv. 150. Ipdcr. xix. 22. wrougiit, as weavers fay, with a fnany-ie.ived caam or comb. The art of mixing filver in cloth {argentum in fila deditcere, ctjilis avgenteis vejii- menta contexere) was net invented till under the Greek em- perors ; when cloaths of that kind of fluff came to be much tifed under the name of Vestimenta Syrmatina, Salmaf. ad Vopifc'i AureVian. 46. From the operation of fpinning and weaving, FILUIM, a thread, is often put for "^Jlylc or m?.nner of writing, Cic Lai. ' 7. Orat. ii. 2 2. iii. 26. Fani. ix. 12. Gell. xx. 5. and ducere or DEDUCERE, to write or ccmpofe; Juvenal, vii. 74. thus, ^emd deduclo poemata Jilo, i. ^. fubtiliore Jlilo fcriptc.^ Horat. Ep. ii. I. 225. So deduFtuni dkere carmen, to fing a paltoral poem, written in a fimple or humble ftyle, Virg. ecl.\\. 5. — Ovid. Triji. i. 10. ijj. ep. xvii. 88. I'ont. i. 5. 7. & 13. alfo texere, Cic. Fain. ix. 21. ^fratr. iii. 5. znA fubiexerCy to fubjoin, . Tibull. iv. 1 . 2 1 1 . In the Atrium anciently the family ufed to fup, Serv. in Virg. Mn. \. 726. iii. 353. where like wife was the kitchen, (Culina), Ibid. In the Atriunjy the nobility placed the images of their an- celtors, y^^/. 31. the clients ufed to wait ou their patrons, Horc^' tlovsES of the RouA-as. 525 Moraf.tp. 1. 5. 3ii Juvenal, vii. 71. and receive diejportula. See p. 451. The Jtrium was alfo adorned with pi£lures, ftatues, plate, &c. and the place where thefe were kept was called PINA- THECA, Pliu. XXXV. 2. Peiron. 29. 83. In later times, the atrium feems to have been divided into - different parts, feparated from one another by hangings or veils, {i'i'''n). into which perfons were admitted, according to their different degrees of favour ; whence they were called amici ADMI8S10NIS prima, fecundie^ vel tertia *, v/hich diftindlion is faid to have been firft made by C. Gracchus and LiviusDru- fus, Sencc. debenej. vi. 33. 34. Hern. i. 10. Hence thofe who admitted perfons into the prefence of the Emperor, were call- ed Ex OFFICIO. ADMissioNis, ^iiet. Vefp. 14. vel Admissio- NALts, Larnprld. in ^Icx. 4. and Uie chief of them, Magis- TER ADMissiONUM, maflcr of cercmonies, Vopifc. Aurtiian. 12. ufually freed men, who ufed to be very infolent under weak or wicked princes, Plin. xxxiii. 3. and even to take money for admiiuon, S>enec. conj}. Sapient. 14. but not fo under good princes, PUv. paneg. 47. There was likewife an airium in temples ; thus atrium Li' jbertatis^ Cic. Mil. 2 2. Liv. xxv. 7. Tacit. Hift. i. 31. Atrium publicum in Capdolio, Liv. xxiv. 10. In the hall there was an hearth (FOCUS), on which a fire . was kept always burning near the gate, under the charQ;e of the janitor, Ovid. Fajl.'i. 1^5. around it the images of the Lares were placed ; whence Lar is put iox fccusy ibid. The ancients had not chimneys for conveying the fmokc through the walls as we have ; hence they were much infeiled with it, Herat. Sat. i. 5. 8i. Fitruv.xii. 3. hence alfo the images in the hall are called Fumos.^, Cu\ Pif. i. Juvenal. viii. 8. and December FuMOSUs, from the ufe of fires in that, month, Martial, v. 31. 5, They burnt wood, Horat. Od. 1. 9. 5. whicli they were at great pains to dry. Id. iii. 17. 14. and anoint with the lees of oil, {iWiurra), to prevent fmoke, Pli,;, xv. 8. hence called ligna ACAPNA, [ex'^priv. f^ >'-«^>"f, y?/?7;«i). Mart. xiii. 15. vel cocTA, ne fumum facianty Ulpian. de legg. iii. 1. 53. Cato de R. R. c. 130. The Romans ufed portable furnaces, {carn'mi portatileSifor- naces, vel -culcCy Jcculiy ignitabula vel efchura), for carrying embers and burning coals, {pruva vel carbcnes Jg'-iti), to warm tiie different apartments of a houfe, Suet. Tib. 74. Fit. 8. which 526 ROMAN ANTiqXJITIES. which feem to have been placed in the middle of the rooni, Cat. de re. riift. I 8. Colum. xi. i. In the time of Seneca, a metiiod was contrived of convey- ing heat from a furnace below, by means of tubes or canals affixed to the walls, [per tubos parictibus hr.preJJ'os\ whith warmed the rooms more equally, %er,ec. ep. 90. de provid. 4. 4. An open place in the centre of the houfe, where the rain-water fell, and which admitted light from above, was called IMPLUVIUM, or Compluvium, Feftusj Varro de L.L. iv. 33. Afcon. in Cic. Verr. i. 23. Liv. xliii. 15. alio CaVyE- DiuM, or Ciiznim ivdium^ Varr. ibid. Plin. ep. ii. 1 7. common- ly uncovered, (Jubdivak) ; if not, from its arched rocf, call- ed Testudo, Varr. ibid. Vitruvius diiecla, that it fliould not be mo-pe than the thir3, nor Icfs than the fourth part of the breadth of the Atriuiyr, \i. 4. The ilave, who had the charge of the Jtrium and what it contained, was called ATRIENSIS, Petron. 29. He held the firft rank among his fellow Haves, Cic. Top. 5. Plaut. AQn. ii.^3. 83. and exercifed authority over them, Id. ii. 4. 18. 5. The fieepirg apartments in a houfe were called CUBI- CTJLA dormitoriay vel no^urnay /lalis, et fomni ; for there were alfo cuhcula dvurnay for repofmg in the day time, Plin. ep. \. 3. ii. 17. V. 6. Each of thefe had commonly an anti-chamber adjoining, (Procoetum, vel Prccejlrium\ ibid. There were alfo in bed-chambers places for holding books, inferted in the walls, [armaria parieti infcrta)^ Id. ii. 17. Any room or apartment in the inner part of the houfe, un- der lock and key, as we fay, was called CONCLAVE, vel 'iuiiiy Ter. Heaut. v. i. 29. {a con et clavis, quid und clavi clauditur, Fef.us ; vel qucd intra eiim Icciim Icca mitlta et cubi' ctila claufa/?//;^, adhxrentia tricliriioy Donat. in Ter. Eun. iii. ^. 35.) put alfo for the Triclinium, Cic. Verr. iv. 26. Orat. ii. b6. ^,:nJ?i!. ix. 1. Herat. Sat. ii. 6. 1 1 3. Among the Greeks, the women had a feparate apartment from the men, called GYN^CEUM, (>t^^^-.V.»,,) cic. FhU. ii. 37. Ter. Phorm. v. 6. 2 2. The flaves who took care of tlie bed-chamber were called CUBICULARII, Cic.Att.vx. 14. Suet. Tib. 2\. or CuBicr- LARES, Id. Ner. 38. the chief of them, Pr.spositds cdei- quLO, vel Decurio Cvbiculariorum, Suet. Dcm. 16. :• Houses- o/" /^i? Romans. 527 17. They were ufually in great favour with their mailers, and introduced fuch as wanted to fee them, Cic. ibid. For the Emperors often gave audience in their bed-chamber; the doors of which had hangings or curtains fufpended before them, (Jofibus pratenta vela J y Tacit. Ann. xiii. 5. Suet. CI. 10. which were drawn up ( levabantur J when any one entered, Scnec. ep. 81. The eating apartments were called CanatiorieSf Camuulaj vel 'Triclinia. See p. 435. Sc 436. A parlour for fupping or fitting in, was called DI^TA, Plifj. ep. n. 17. Siift. CI. 10. fometimes feveral apartments joined together, were called by that name, or Zeta, Plin. Ep. ii. 17. V. 6. and a fmall apartment or alcove, which might be joined to the principal apartment, or feparated from it at pleafure, by means of curtains and windows, ZOTHECA, vel -a.7fZ, ibid. Di/ETA, in the civil law, Is often put for a pleafure-houfe in a garden: So Plin. ep. ii. 17. and by Cicero, for diety or a certain mode of living, for the cure of a difeafe, Att. iv. 3. It is fometimes confounded with cubiculuniy Plin. ep. vi. 16. I An apartment for bafking in the fun was called SOLART- \ UM, Plant. Mil. ii. 4. 25. Suet. Cl. 10. which Nero appoint- ed to be made on the portico before the houfe, Id. Ner. i5. or Heliocaminus, P/in. ib. The apartments of a houfe were varioufly conftrucled and arranged at different times, and according to the diiferent tafte of individuals. The Roman houfes were covered with tiles, ftegul^Jf of a confiderable breadth ; hence bricks and tiles are mentioned in Vitruvius and ancient monuments, two feet broad, [bipedales] \ and a garret, (canaculumj, covered by one tile ; Suet. Gramm. II. When war was declared againft Antony, the fenators were taxed at 4 oboU or i o ajps for every tile on their houfes, whether their own property or hired, Dio. xlvi. 31. In No- 1 nius Marcellus we read, In fitigulas tegulas impofttis fescentis fexcenties confici pojfe y c. iv. 93. But here, fescentis is fuppofcd to bt? by miftake for fex nummisj oxfingulas tegulas to be put ior fifigula teSla^ each roof. The roof j (tccla) of the Roman houfes feem to have been generally of an angular form, like outs, the top or higheft. part of which was called FASTIGIUM, Feftus^ Virg. JEn. i. 442. ii. 458, 758. hence cperi fajligium imponerCy to finifli, pV, OW. iii, 7. put alfo for the whole 100/, Cic Orat. iii. 4<5- 528 ROMAN ANTIQJJITIES. ^fr. iii. I. 4. but particularly for a certain part on the top of the front of temples, where infcriptions were made, Plin paveg. 54. and ftatues creeled, Plin. xxxv. 12. f. 45. xxxvi. 5. Hence it was decreed by the Senate, that Julius C:cfar might add a Fajfigium to the front of his houfe, and adorn it in the fame manner as a temple, Fior. iv. 2. C\c. Phil. ii. 43. which the night before he was flain, his wife Calpurnia dreamt fcad fallen down, ?Miet, Jul. S'l. Plutarch, in Caf. p. 738. From the Hoping of the fides of the roof of a houfe, Fasti- GIUM is put for any declivity ; hence Cloaca fajligio diiElcc^ floping, Liv. \. 38. So Cr/I B. G. i. 25. ii. 24. Fastigatus, bending or floping, Ctef. B. G. ii. 8. and from its proper fig- nification, viz. \.\\g funiinit or top, it is put for clignity or rafik ; jhus, Ctii-aiio altior jUlJigiofuo^ a charge fuperior to his rank, Liv. ii. 27. Pari fajhgio Jletit^ with equal dignity, Nep. xxv. 14. /// cotifiilare faftigium proveciuSj to the honour of conful, Yell. ii. 69. or for any head of difcourfe ; ^umma feqtiar fafli' gia reruiu, I will recount the chief circumftances, t^irg. JEti. J. 346. alfo for depth, as altitudoy Serv. in. Virg. G. ii. 288. The centre of the inner part of a round roof of a temple where tlie beams joined, was called THOLU''!, Serv. in Virg. JEn ix. 408. Ovid. Fajl. vi. 296. the front of which, or the fpace above the doof, was a!fo called Fastigium, Virg. ibid- Biit any round roof was called T^OLUS, Martial, ii. 59. Vitruv. I. 7. 5. as that of Vefla, refembling the concave hemifphere of the flcy, Qvid. Fajl. vi. 282. & 2f,6. Whence Dio fays that the Pantheon of Agrippa had its name, becaufe from the roundnefs of its figure (^sxonJ^- ov,) it refembled heaven, the a- lx)de of the gods, liii. 27. From the Thoius offerings confecrat- ed to the gods, as fpoils taken in war. Sic. ufed to be fufpended, or fixed to the Fajligium, Virg. ih. and on the top of the Tholns^ on the outfide, ftatues were fometime's placed, Mart. i. 71. 10. The ancient R.omans had only openings, (foramina)^ in the walls to adniit the light ; FENESTRA-, v.-indows, (froni ?«"", cjlevdo ; hence oculi et aures Junt qiiafi fenejlrje animi, Cic. Tufc. I. 20.) covered with two folding leaves, (hi/ores vdh>a)y of wood, Ovid. Pont. iii. 5. .^incr. i. 5.3. and fometimes a cur- . tain, Jinienal. ix. 105. hence fain to be joined, when fhut, Ho" rat.od. i. 25. Cubicidum ne diem qitidem. /entity tiifi apcrtis fenejlris^ Plin. ii. 17. ix. 36. fometimes covered with a net, (feiiejlrtt RETICULAT.^, He qucd animal malejicum introire q'.'.eat^ Varf. . R. R. iii. 7.) occaficndly fhaded by curtains, [obdiiclis velis), Plin. Ep. vii. 21. Under Houses of the Romans. 529 Under the firft Emperors, windows were contrived of a certain tranfparent ftone, called LAPIS SPECULARIS, found firft in Spain, and afterwards in Cyprus, Cappadocia, Sicily, and Africa, which might be fpiit into thin leaves, (Jin^ ditur in quamlibet tenues criiftas)^ like flate, but not above five feet long each, Senec. Ep. 90. Plin. xxxvi. 22. f. 45. What this ftone was, is uncertain. Windows, however, of that kind (SPECULARIA), were ufed only in the principal apartments of great houfes, Senec» Ep, 86. Nat. ^ iv. 13. in gardens, Plin. xv. 16. xix. 5. Mar-" tial. viii. 14. called Perspicua gemma, lb. 68. in porticos, Plin. Ep. ii. 17. in fedans, {leEtica:), Juvenal, iv. 21. or the like. Paper, linen cloth, and horn, feem likewife to have been ufed for windows; hence corneum specular, Tert. de Anim. 53. The Romans did not ufe glafs for windows, although they u- fed it for other purpofes, particularly for mirrors, (fpeciila^ nor is it yet univerfally ufed in Italy, on account of the heat. Glafs was firft invented in Phoenicia accidentally by mariners burn- ing nitre on the fand of the fea-fhore, Plin. xxxvi. 26. f. 6<^, Glafs windows [yilrea fpecularia) are not mentioned till a- bout the middle of the fourth century by Hiero'nymusy {St Je- rome)^ ad Ezech. xl. 16., firft ufed in England, A. 1177; firft: made there, 1558; but plate glafs for coaches and looking glafles not till 1673. The Romans, in later times, adorned the pavements of their houfes with fmall pieces [crujlay vel -a) of marble, of different kinds, and different colours, curioufly joined togeth- er, called PAVIMENTA SECTILIA, Suet. Caf. 46. (\i2-2o-roiJTjr, Varro)y vel emblemata vermiculata, Ctc. Orat. iii. 43. or with fmall pebbles, {calculi, vel rejerx, f. -ula:), dyed ia various colours; hence called Pavimenta tess'ellata. Suet, lb. ufed likewife, and moft frequently, in cielings, Lncan. x. 114. in after times, called cpiis museum, vel mufivum, Mofaic 'work, probably becaufe firft ufed in caves or grottos, confe- crated to the mufes, [mtisea), Plin. xxxvi. 21. f. 42. The walls alfo ufed to be covered with crufts of marble, lb. 6. Cielings were often adorned with ivory, and fretted or formed into raifed work and hollows, {laqueaia. teiJu, Cic. legg. ii. I. Laquearia vel lacunaria, horn lacus or /acu" na^ the hollow interftice between the beams, Serv. in Virg. J£n. I. 726.) gilt, {aurea. Ibid. & Horat. Oi. ii. 18. inaura- ia, Plin. xxxiti. 3.) and painted, Plin. xxxv. ii. f. 40. Ne- ro made the cieling of his dining room to fliift and exhibit 3 X new 530 ROMAN ANTIQ,UITIE S. new appearances, as the different courfes or difhes were remo- ved, Senec. Ep. 90. Suet. Ner. 31. VILLAS and GARDENS of the ROMANS. ^T"HE magnificence of the Romans was chiefly confpicuous •* in their country-villas, Cic. de legg. iii. 13. VILLA originally denoted a farm-houfe, and its apurtenan- Ces, or the accommodations requifite for a hufbandman, \quaft vr.i.LA, quo fruBus vehebant, £sj* unde vehebant, rum vende- rentiiry Van*. R. R, i. 2.) hence the overfeer of a farm was called VILLICUS ; and his wife, (uxor liberiy et contu- BERNALisytT-y/), VILLICA. But when luxury was introdu- ced, the name of t'tlla was applied to a number of buildmgs reared for accommodating the family of an opulent Roman citizen in the country, Cic Rofc. Ccm. 12 hence fome oi them are faid to have been built in the manner of cities, in vrbitim modum exadijicatdiy Salluft. Cat. 12. JEdiJicia privd' ta^ laxitateni lobiuvi rr.agnarum vwcentia, Senec. benef. vii. lOw Ep. 90. Horat. Od. ii. 15. iii. i. 33. A villa of this kind was divided into three parts, Urbana, RrsTiCA, and Fructuaria. The firft contained dining- rooms, parlours, bed-chambers, baths, tennis-courts, walks, terraces, {xyjii)^ &c. adapted to the different feafons of the year. The villa rvjiica contained accommodations for the various tribes of flaves and workmen, ftabies, &c. and the FruBuaria, wine and oil-cellars, coin yards, (fanilia et palea- ria), barns, granaries, ftore-houfes, repofitories for prefer- ving fruits, [afcrciheca:)^ ^c. Columel. i. 4. 6. Cato and Varro include both the laft parts under the name of Villa rustica, Cat. de R. R. iii. i. ix. i. Farr. xiii. 6. But the name of villa is often applied to the firft alone, with- out the other two, and called by Vitruvius, Pseudo-ukbana ; ty others, Pr^etorium, Suet. Jvg. 72. Ca/. 37. Tit. 8. In every vil/a there commonly was a tower ; in the upper jpart of which was a fupping room, (coe/iatio), where the guefts, while reclining at table, might enjoy at the fame time a plea- fant profpe£l, Plifi. ep. ii. i 7. Adjoining to the Villa rustica, were places for keeping hens, Gallinarium ; geefe, Chenoboscium j duck?, and wild fowl, Nessotrophium •, birds, ormthcrii vel Aviarium; dormice. Agriculture. 531 dormice, Glirarium> fwine, Suile, (c. Jlahtlumi tt hara, hogftiesj hares, rabbits, &c. Leporarium, a warren ; bees, Apiarium; and even fnails, Cochleare, &c. There was a large park, of fifty acres, or more (*«pa^f«n>f), for deer and wild beads, Theriotrophium, vel vivarium, Gell. ii. 20. but the lalt word is applied alfo to a fifli-pond, (Pisci- na), Juvenal, iv. ^i. or an oyfter-bed, Plin. ix. 54. or any place where live-animals were kept for pleafure or profit: Hence in vivaria mit/ere, \. e. laSfare, muneribus et objervantia \ omm aliatjus hisreditatem capiare^ to court one for his money, ; Horat. ep. i. I. 79. j4d vivaria ciirrunty to good quarters, [ to a place where plenty of fpoil is to be had, Juvenal, iii. 30^. Tlie Romans were uncommonly fond of gardens, (Hor- Tus, vel ORTUS, ubi arbores et olera oriuntur), as indeed all the I antients were: Hence the fabulous gardens and golden apples of : the Hesperides, rirg-. JEn.'w. 484.of AdSnisand Alcin6us,i&. 1 G. ii- 87. Ovid. Am. i. 10. 56. Pont. iv. 2. 10. Ztat. Sylv. i. 3. 81. the hanging gardens (penftles horti) of Semiramis, or of Cyrus at Babylon, Plin. xix. 4. the gardens of Epicurus, put ' for his gymfiafumf or fchool. Ibid, et Cic. Att, xii. 23. Fw. v. 3. j In the laws of the twelve tables, villa is not mentioned, but j horius in place of it, Plin. ibid. The hufbandmen called a gar- : den altera fuccidia^ a fecond deflert, or flitch of bacon, (pernoy I petafof vel /arz/ww), which was always ready to be cut, Cic, Sen, ; 16. or a fallad (acetaria, -ommy facilia concoquiy nee onera- ''' tura fenfum cibo^ Plin. xix. 4. f. 19.) and judged there muft be a bad houfewife [nequatn mater familias^ for this was her charge) in that houfe where the garden was in bad order, , {indiligens hortuSy i. e. indiligenter cultus). Even in the city, the common people ufed to have reprefentatioijs of gardens in • their W'tidows, Plin. ibid. j In antient times, the garden was chiefly ftored with fruit- trees and pot-herbs, [ex horio enim plehei macelluniy lb.) hence called Hortus pinguis, the kitchen- garden, Virg. G. iv. 118. Plin. ep. ii. 17. and noble families were denominated not on- ly from the cultivation of certain kinds of puife, [kgumina), Fabiiy Lentuliy Pifjnes, &c. but alfo of lettuce, La£li4cini, Plin. 3cix. 4. i But in after times, the chief attention was paid to the rear- ing of fhady trees, Horat. od. ii. 14. 22. et. od. xv. 4. Ovii. Niix. 29, Sec. aromatic plants, flowers, and evergreens ; as the myrtle y ivyy laurel^ boxnuoody isfc. Thefe, for the fake of orna- ijGCnt, were twifted, and cut into various figures by flavcs 3X2 trained 532 ROMAN ANTIQUITIES. trained for that purpofe, called TOPIARII, PUn. ep. iii. 19. who were faid Topiariam, fc. artem facere, Cic. ^fr. iii. I. 2. re/ OPUS topiarium, Plin. xv. 30. Gardens were adorned with the moft beautiful ftatues, Ck^ Dojn. 42' Plifi.ep. viii. 18. f. Here the Romans, when they chofe It, lived in retirement, Cic. Art. xii. 40. ^uet. CI. 5. Ta- cit. Ann. xvi. 34. and entertained their friends, ^enec. ep. 21. Mart. iv. 64. The Romans were particularly careful to have their gardens well watered, (riguiy vel irrigui ); and for that purpofe, if there was no water m the ground, it was conveyed in pipes, {inducebatur per cana/et, \t\. fijiulas aquarias^ Plin. ep. v. 6. per tuhos plumheos^ vel ligneosy Plin. xvi. 42. f. 8 1 . vtXJicIiles, feu tejlaceosy Id. xxxi. 6. f. 31.) Thefe aquxducls {ducliis aquarvm) were fometimes fo large, that they went by the name of Nili and EuRiPi ; Cic. legg.W. i. The gardens at Rome mofl frequently mentioned by the Claffics, were, korti C^saris, Herat. Sat. 1. 9. 18. Suet. 83. LucDLLi, Tacit. Ann. xi. i. 37. Marti alis, iv. 64. Nero- Nis, Tacit. Ann. xiv. 3. xv. 44. Pompeii, Cic Phil. ii. 29. Salustii, v. -lANi; the property firil of Salluft the hiftorian, then of his grand-nephew, and adopted fon. Tacit. Annal. iii. 30. afterwards of the emperors, Id. xiii. 47. Hijt. iii. 82. SENECiE, ii/. xiv. 52. Juvenal, x. 16. Tarquinii Superbi, the mofl antientin the city, Liv. i. 54. Ovid.FaJi. ii. 703. &c. Adjoining to the garden were beautiful walks, {ambulacra \e\-tiones)^ lliaded with trees, and a place for exercife, fpa/a- Jira), Cic. legg. ii. 2. Gell. i. 2. Trees were often reared with great care round houfes in the city, Herat, ep. i. 10. 22. TibuU. iii. 3. 15. and ftatues placed iamong them, Cic. Verr. i. 19. AGRICULTURE of the ROMANS. 'T~HE antient Romans were fo devoted to agriculture, that ^ their moft illuftrious commanders were fometimes called from the plough; thus, Cincinnatus, Liv. iii. 26. Cic. Rofc Am. 18. The Senators commonly refided in the country, and cul- tivated the ground with their own hands, Ihid. See p. 8. and the nobleft families derived their firnames from cultivating par- ticular kinds of grain-, as the Fabii, Pisones, Lentuli, Ci- CEP.oNEs, &c. riin. xviii. i. To be a good huft)andman, was ' accounted Agriculture^ 535 accounted the hlgheft praife, (Bonus colonus, vel agricola, was equivalent to Vir Bonus, Ibid. 3 Cato, R. R. Pr. 2. Lo- CUPLES, rich, q. loci, hoc eft, agri pleniis : PeCuniosus, 2. pe- coriim copia : fo AssiDUUS, dUti ajje dandoy Quindtil. v. 10. O- vid. Faft. V. 280. Gell. x. 5. Feftus); and wlioever neglected his ground, or cultivated it improperly, was liable to the ani- madverfion of the Cenfors, Plin. ibid. At firft no citizen had more ground than he could cultivate himfelf. Romulus allotted to each only two acres, Varr. R. R. i. 10. Pliti. xviii. II. called H^REDiUM, ( quod hctredem fs- querentur). Id. and SoRS, Fejius ; or cefpesfortuitus, Horat. Od. ii. 15. 17. which muft have been cultivated with the fpade.. An hundred of thefe fortes or heredia was called Centuria ; Columell. i. 5. Hence //; mdlam fortem bonontm natuSy \. e. partem hereditatisi to no fhare of his grandfather's fortune, Liv. i. 34. After the expulfion of the kings feven acres were granted to each citizen, P///J. xviii. 3. which continued for a long time to be the ufual portion afiigned them in the divifion of conquer- ed lands, Liv. v. 30. Val. Max. iv. 3. 5. L. Quinctius Cin- cinnatus, Curius Dentatus, Fabricius, Regulus, &c. had no more, Id. iv. 4. 6. &. 7. Cincinnatus had only four acres, according to Columella, prsf. & i. 3. and Pliny, xviii. 3. Thofe whom proprietors employed to take care of thofc grounds which they kept in their own hands, were called VIL- LICI, Horat. ep. i. 14. Cic. Ferr. iii. 50. Att. xiv. 17. and were ufually of fervile condition, Ibid. Thofe who cultivated the public grounds of the Roman peo- ple, and paid tithes for them, were alfo called Aratores, whether Roman citizens, or natives of the provinces, (pro- vinciales) ; and their farms, Arationes, Cic. Ferr. iii. 20. 27. 53. Phi/, ii. 37. But when riches encreafed, and the eftates of individuals were enlarged, opulent proprietors let part of their grounds to other citizens, w^ho paid a certain rent for them, as our farm- ers or tenants, and were properly called COLQNI, Cic. Cacin. 32. P/in. ep. X. 24. Coluw. i. 7. CONDUCTORES, Plin. ep. vii. 30. or PARTIARII, becaufe ufually they ihared the produce of the ground with the proprietor, Caius, I. 25. § 6.ff. Locati.Plin. ep. ix. 37. It appears that the Romans generally gave leafes only for five years, (fmgulis lujlris pradia locajp), Id. ix. 37. AGRICOLA was a general name, including not only thofe who ploughed the ground, (ARATORES, qui terram arantf vel ipftfua manuj vel per alios , Cic. Verr. y. 38.) but ' alfo 534 ROMAN ANTIQJJITI ES. alfo thofe who reared vines, {yimiores); or trees, (arBoratores); and fhepherds, (pafiores ). At firft, the (lock on the farm feems to have belonged to the proprietor, and the farmer received a certain fhare of the pro- duce for his labour. A farmer of this kind was called POLI- TOR, vel Polintor^ the drefler of the land, or Parti arius, which name is alfo applied to a fhepherd, or to any one vi^ho Shared with another the fruits of his induftry. Such farmers only are mentioned by Cato, who calls thofe who farmed their cwn grounds, Coloni. So Virg. eel. ix. 4. But this word is commonly ufed in the fame general fenfe with agricoU : Ncn dominuSifed colotiuSi Senec. ep. 88. In Columella, colonus means the fame with the farmer or tenant among us, who was always of a free condition, and diftinguifhed from VILLICUS, a bailiff or overfeer of a farm, a fleward, who was ufually a flave or freedman, Colutn. i. 7. Horat. ep. i. 14. Cic. Verr. iii. 50. So (hepheids, Virg. eel. i, 28. & 41. When a free-born citi- zen was employed as an overfeer, he was called Procurator, Ctc. Ctcin. 20. Att. xiv. 17. Orat. i. 58. and thofe who a6t- cd under him, actores, P/in. ep.'iii. 19. The perfons employed in ruftic work, under the farmer or bailiff, were either flaves or hirelings ; in latter times, chiefly the former, and many of them chained ; Seep.^g- Flin. xviii. 4. Martini, ix. 23. OviJ. Pont. i. 6. 31. The younger Pliny had none fuch, Ep. iii. 19. The Romans were very attentive to every part of hufbandry, as appears from the writers on that fubjecl, Cato, Varro, Vir- gil, Pliny, Columella, Palladius, &c. Soils were chiefly of fix kinds ; fat and lean, (pingue, vel macruwjy free and flifF, (folnium vel fpiJJ'um, rarum vel den- fum)^ wet and dry, (humidum \t\ /tecum jy which were adapt- e. 248. and eafily crumbled, when dry i has an agreeable fmell, and a certain fweetnefs, Ih. 238. Pliti. xvii. 5. iinbibes water, retains a proper quantity, and difcharges a fuperfluity, 3. when ploughed, exhales mifts and flying fmoke, not hurting the plough-irons with falt-ruft ; the ploughman followed by rooks, crows, &c. and when at reft, carries a thitek gralfy turf, Plin. ib. Virg. G. ii. 217. Land for fowing was Agriculture. 535 was called ARVUM, {ah arando ; Farr. R. R. i. 29.) an- tiently u4rvus, (c. ager^ Plaut. True i. 2. 47. ground for pafture, pascuum, v. -us, fc. ager, Ibid. The Romans ufed various kinds of manure to improve the foil \ particularly dung, {fimxis \t\JIercus), which they were at great pains to collect, and prepare in dunghills, [Jierquiliniai \t\Jltneta)y conftrudted in a particular manner, Cel. i. 6. Plin, xxiv. 19. et xvii. 9. They fometimes fowed pigeons dung, or the like, on the fields like feed, and mixed it with the earth, by farcling, or by weeding- hooks, [fiircula), Col. ii. 16. When dung was wanting, they mixed earths of different qualities, Ibtd. they fowed lupines, and ploughed them down for manure, {jier cor audi agri cauja), Varr. R. R. i. 23. Beans were ufed by the Greeks for this purpofe, Theophrajl- viii. 9. The Romans alfo for manure burnt on the ground the Hub- ble, {Jlipulam urebant), Virg. G. i. 84. Ihrubs, {fruteta)^ Plin. xviii. 6. twigs and fmall branches, (virgas et farmetita)^ Id. 25. They were well acquainted with lime, {calx)^ but do not feem to have ufed it for manure, at lead till late. Pliny mentions the ufe of it for that purpofe in Gaul, xvii 8. and hence probably it was tried in Italy. He alfo mentions the ufe of marl, (MARGA), of various kinds, both in Britain and Gaul, and iikewife in Greece, called there Leucargillon^ xvii. 5. &c. but not found in Italy, lb. To carry off the water, [ad aquam, vel uliginem nimiam de- ducendam,) drains (Incilia, vel fojpe inciles) were made, both centered and open, {coeca et patentes)^ according to the nature of the foil, and water-furrows, (fiilci aquarii, vel elicesy quod undam eliciunt, Firg. G. i. 109.) CcL ii. 2. & 8. PJin. xviii. 6. The inftruments ufed in tillage were, ARATRUrJ, the plough ; concerning the form of which, authors are not agreed. Its chief parts were, Temo, the beam ; to v/hich tlie Ji/gum or yoke was faftened : STIVA, the plough tail or handle 5 on the end of which was a crofs- bar, {tran/ver/a regtila, called Manicula, vel capulus, Ovid. Pent. i. 8. 57.) which the ploughman {orator^ v. bu- bufcus) took hold of, and by it directed the plough ; Vo- mer, vcl -erisy the plough-fhare ; BURIS, a crooked piece of wood, v.'hich went between the beam and the plough- ihare j hence Aratrum cukVUM, Firg. G. \. 170. repre- fented by Virgil as the principal part of the plough, to which there fecms to be nothing exa'■/=-■'), a goad. They were ufually yoked by the neck, fometimes. Agriculture. 537 fometimes by the horns, PUn- vili. 45. Col. ii. 2. The com- mon length of a furrow, made without turning, was 1 20 feet, hence called Actus, which fquared, and doubled in length, made a JUGERUM, PUn. xviii. 3. ufed likewife as a mea- fure among the Hebrews, i Sam. xiv. 14. The oxen were allowed to reft a little at each turning, CoL ii. 2. Cum ad verfuram ventum efty vel. Cum verfus peraUus eji, i. e. cum /ulcus ad jinem perdu^us eji ; and not at any other time ; {jiec Jirigare in a^ufpiritusj i. e.^ nee interquiefcere in ducendo fulcoy Plin. xviii. 19. nee in media parte ver fur a con- frere. Col. ii. 2.) When in ploughing, the ground was raifed in the form o£ a ridge, it was called PORCA, (i. e. inter duos Jul cos terra ela- tOy vel eminensy Varr. R. R. i. 29. Feft. in Imporcitor), or Lira, Col. ii. 4. But Feftus makes porc^ to be alfo the fur- rows, on each fide of the ridge for carrying off the water, pro- perly called collic^, P/i/7. xviii. 19. f. 49. Hence LiRARE, to cover the feed when fown with the plough, by fixing boards to the ploughfliare, PUn. xviii. 20. Varr. i. 29. when thofe fide furrows were made. Col. ii. 4. Thefe ridges are alfo call- ed Sulci ; for /ulcus denotes not only the trench made by the plough, but the earth thrown up by it, Firg. G. i. 113. The Romans indeed feem never to have ploughed in ridges unlefs when they fowed. They did not go round when they came to the end of a field, as ourjjloughmen do, but returned in the fame tra6l. They were at great pains to make ftraight furrows, and of equal breadth. The ploughman who went crooked, was faid Delirare, (i. e. de lira decedere ; hence a reSlo et <^quo, et a communi feu/u recedere^ to dote, to have the intelledl impaired by age or paffion, Horat. ep. i. 2. 14. Cic. Orat.'n. 1 8.) and PR^EVARiCARf, to prevaricate-, whence this word was transferred to exprefs a crime in judicial proceed- ings, Plin. xviii. 19. f. 49. See p. 270. To break and divide the foil, tlie furrows were made fo nar- row, that it could not be known where the plough had gone, efpecially when a field had been frequently ploughed, lb. This was occafioned by the particular form of the Roman plough, which when held upright, only ftirred tlte ground, without turning it to a fide. The places where the ground was left unmoved, {crudum et immoium), were called SCAMNA, baulks, lb. ^ Col. ii. 2. The Romans commonly cultivated their ground and left it fallow alternately, {alternis, fc. annis), Virg. G. i. 71. as is {till done in Switzerland, and fome provinces of France. 3 Y They 538 ROMAN ANTIQUITIES. They are fuppofed to have been led to this from an opi- nion, that the earth was in fome meafure exhaufted by car- ryrng a crop, and needed a year's reft to enable it to produce another ; or from the culture of olive-trees, which were fome- times planted in corn-fields, and bore fruit only once in two years, Col. v. 7, 8, & 9. Varr. i. 55. Plin. xv. 3. A field fown every year, was called RESTIBILIS ; after a year's reft or longer, NOV ALLS, yi;«. vel novate^ or Vervac- TUM, Plin. xviii. 19. f. 49. {qitod vere ferml aratum eji.) When a field, after being long uncultivated, {rudus vel cntdus), was ploughed for the firft time, it was faid Proscindi; the fecond time, iterariy vel oferingi, becaufe then the clods were bro- ken by ploughing acrofs, and harrowing, Fejlus\ Plin. xviii. 20. the third time, tertiari^ LiRARl, vel in liram redigi ; becaufe then the feed was fown, Varr, \. 29. But four or five plough- ings were given to ftifF land, fometimes nine, Virg. G. i. 47. Fliji. xviii. 20. Plin. ep. v. 6. To exprefs this, they faid, tertloy quarto, qtnnto fiilco ferere, for tery qtiater, qidnqities arare. One day's ploughing, or one yoking, was called Una opera ; ten, decern opera. Col. ii. 4. Fallow-ground was ufually ploughed in the fpring and au- tumn ; dry and rich land, in winter ; wet and ftiff ground, chiefly in fummer : Hence that is called the beft land, [(Optima feges)y Bis QU.B SOLEM, BIS frigora SENSiT, i.e. bis per ajia- tem, bis per hiemem araia, Plin. xviii. 20. Virg. G. i. 48. Thus ^Kofeges is ufed for ager or terra. Id. iv. 129. Cic. Tufc. ii. 5, Locus tibi prima paretiir arboribiis Seges, i. e. feminarium, a hurfery, Virg. G. ii. 266. but commonly for fata, growing corn, or the like, a crop ; zsfeges lini, G. i. 77. or metapho- rically, for a multitude of things of the fame kind ; thus, Seges virorum, Ovid. Met. iii. 110. Virg. G. ii. 142. Segss telorimt, JEm. iii. 46. Seges gloria, a field, Cic. Mil. 13. The depth of the furrow in the firft ploughing, {^cum /ulcus althis imprimeretur), was ufually three fourths of a foot, or nine inches, {/ulcus Dodrantalis), Plin. xviii. 19. Pliny calls ploughing four fingers or three inches deep, Scarificatio, Jb. 17. tenui/ulca arare, lb. i^. tenui /u/pendere /ulco, Virg. G.i. 68. The feed was fown from a bafket, (Satoria, fc. corbis, irlmodia, containing three bufhels. Col. ii. 9.) It was fcatter- ed by the hand, Cic. Sen. 15. Plin. xviii. 24. and that it flight be done equally, the hand always moved with the ftep, as with us, lb. The Agriculture. 539 The Romans either fowed above furrow, (m iira)y or under furrow, (fubfnho)y commonly in the latter way. The feed wis fown on a plain furface, and then plowed, fo that it rofe in rows, and admitted the operation of hoeing. It was fometimes covered with rakes and harrows, [rajlris-, vel crate dentata)^ Plin. xviii. 20. The principal feed-time {tempiis fativum^ faticnisy v. femi» ' nationisy vel/ementem facie!:(ii)y efpecially for wheat and barley, was from the autumnal cequinox, to the winter folftice, f^irg. G. i. 208. and in fpring as foon as the weather would permit. Col. ii. 8. Varr. i. 34. The Romans were attentive not only to the proper feafons for fowing, but alfo to the choice of feed, and to adapt the quantity and kind of feed to the nature of the foil, Varr. i. 44. Virg. G. i. 193. Plin. xvlii. 24. f. 55. When the growing corns, (ffgetesy vcl/a/a, -orum), were too luxuriant, they were paftiired upon, depafcehaniur), Virg. G. i. 193. To deiiroy the weeds, two methods were ufed ; SARCU- LATIO vel /arritlo, hoeing ; and RUNCATIO, weeding, pulling the weeds with the hand, or cutting them with a hook. Sometimes the growing corns were watered, {ngabaniur), Virg. G. i. 106 In fome countries, lands are faid to have been of furprlfing fertility, ffaia mm multo fcenore reddehanty Ovid. Pont. i. 5. 26). yielding an hundred fold, {ex uno centutn)^ fometimes more; as in Paleftine, Gen. xxvi. 12. in Syria and Africa, Varr. i. 44. in Hifpania Bcetica, and Egypt, the Leontinc plains of Sicily, around Babylon, &c. P/in. xviii. 10. & 17. But in Italy in general, only ten after one, {ager cum decimo efficiehaiy efferebaty v. fundibat ; decimo cum fosnore reddcbat), Varr. i. 44. as in Sicily, Cic. t/err. iii. 4-'. fometimes not above four, (frumenta cum quarto refpondebant)y Col. iii. 3. The grain chiefly cultivated by the Romans was wheat, of different kinds, and called by different names, TRITICUM, filigOy robusy alfo FAR, or ador, far adoreum \elfem(n adoreum, or fimply adoreum ; whence adore a, warlike praife or glory; Adored aliquem afficercy Plaut. Amph. i. i. 38. i. e. gloria^ V. 2. 10. or viftory ; becaufe a certain quantity of corn {ador) ufed to be given as a reward to the foldiers after a vidtory, Horat. Od. iv. 3. 41. Plin, xviii. 3. No kind of wheat 3 Y 2 among 54<> ROMAN ANTIQUITIES. among us exactly anfwers the defcription of the Roman jfar. What refembles it moft, is what we czWfpelt. FAR is put for all kinds of corn; whence Farina, meal ; farina ftllgneay vel triticeoy fimila^ wtifanllago^ jlos ftliginis^ pol- len triiici, flour. C".in fuerii nqflra paulo ante farina, i. e. ge- neris vel gregis, Perf. v. 1 15. Barley, HORDEUM, vel ordeiim, was not fo much culti- vated by the Romans as wheat. It was the food of horfes, Col. vi. 30. fometimes ufed for bread, (pants hcrdeaceu^) Plin. xviii. 7. f. 14. given to foldiers, by way of punifhment, inftead of wheat, Liv. xxvii. 13. In France and Spain, alfo in Pannonia, Dio. xlix. 36. efpecially before the introdu6lion of vineyards, it was converted into ale, as among us, called coeliay or ceria in Spain, and cervfta in France, Plin. xiv. 22. the froth or foam of which, (fpuma), was ufed for barm or yeafl in baking, (pro fern:e?:ta), to make the bread lighter, xviii. 7. and by women for improving their Ikin, i^ad cittern nu- iriendatn), Id. xxii. 25. Oats, AVENA, were cultivated chiefly as food for horfes j fometimes alfo made into bread, [pants avenaceus.) Avena is put for a degenerate grain, [vitium frvmentiy cum hordeum in tarn degenerat)^ Plin. xviii. 17. Cic. Fin. v. 30. or for oats, which grow wild> (Jieriles arena, i. e. (ji/a ncn feruntur), Serv. in Virg. Eel. y. 37. G. i. 153. 226. As the ruftics ufed to play on an oaten flalk ; hence avena ■js put for a pipe, [tiiia, \t\ fjiiila), Virg. Eel. i. 2- iii. 27. Martial, viii. 3. So calamus/jiipula. arundo, ebur, &c. Flax or lint (LINUM) was ufed chiefly for fails and cordage for fliips •, likewife for wearing apparel, particularly by the rations of Gaul, and thofe beyond the Rhine, Plin. xix. i. fometimes made of furprifing finenefs, 3id. The rearing of flax was thought hurtful to land. Virgil joins it with oats and poppy, G. i. 77. Willows (SALICES) were cultivated for binding the vines to the trees, that fupported them ; for hedges, ^irg. G. ii. 436. and for making baikets. They grew chiefly in moift ground ; hence udiitn faliBum, Horat. Od. ii. 5. 8. Liv. xxv. 17. Cato p. So the oCicr, flier ; and hioom, genijia, Virg. G. ii. 1 1. Various kinds of pulfc {legumina) were cultivated by the Ro- mans i FAB A, the bean-, pi/um, peafc ; lupinum, lupine, y^- jelus, phajelus, \c\ pkafcoUu, the kidney-bean ; lens, lentil, ci- cer V. cicercula, vicia v. trvuni, vetches, or tares ; fefamum, v. "fl, 8fC. Thefe fenced chiefly for food to cattle ; fome of them Agriculture. 541 them alfo, for food to flaves and others, efpecially in times of fcarcity; when not only the feed, but alfo the hulks or pods, (J%l'iqu£)^ were eaten, Horat. ep. ii. i. 123. Perf. iii. 35. The turnip, [rapum, v. -5, vel rapus)y was cultivated for the fame purpofe, Flin. xviii. 13. There were feveral things fown, to be cut green for fodder to the labouring cattle ; as oaniiiWy vel ocymitmy foenum Gra- cutn, vicin, ciceroy ervum^ &c. particularly the herb medica ; and cityfus for (heep, Plin. xiii 24. The Romans paid particular attention to meadows, (Pra- TA, qiiafi femper parata, Plin. xviii. 5.) for raifmg hay and feeding cattle, by cleaning and dunging them, fowing vari- ous grafs feeds, defending them from cattle, and fometimes watering them, Col. ii. 1.7. Hay (Foenum) was cut and piled up in cocks or fmall heaps of a conical figure, (/;; metas extrucliim) ; then colle£led into large Ifacks, or placed under covert, Col. ii. 22. When the hay was carried off the field, the mowers {foenijresj vel 'Ca) went over the meadows again, {prataftc'tliebanty i. t.fal- cibiis confccabant)y and cut what they had at firft left. This grafs was called jiciUmetitumy and diilinguifhed from foenum. Late hay was called FoenUjM cakdum, Plin. xviii. 28. The antient Romans had various kinds of fences, {fepta^ fepesy yt\Jepimenta)y a wall, {maceria)y hedge, wooden fence, and ditch, for defending their marches, {limites), and corn- fields, f^irg. G. i. 270. and for enclofmg their gardens and orchards, but not their meadows and pafture-grounds. Their cattle and fheep feem to have paflured in the open fields, with perfons to attend them. They had parks for deer and other wild beafts, Col. \\. praf. but the only enclofures men- tioned for cattle, were folds for confining them in the night- time, {feptOy V. Jlnbula bubilidy ovilia, caprilia, &c.) either in the open air, or under covering, f^irg. JEn. vii, 512. Corns were cut down [metcbantur) by a fickle, or hook, or by a fcythe ; or the ears (/pica) were ftript off by an inftru- ment, called Batillum, i. e. ferrula ferrea, an iron faw, Varr. i. 50. {Falx verriculata rojlratuy vel dentatOy mergay vel peBen :) and the flraw afterwards cut. Col. ii. 21. To this Virgil is thought to allude, G. i. 317. and not to binding the corn in Iheaves, as fome fuppofe ; which the Romans feem not to have done, Col. Fold. In Gaul, the corn was cut down by a machine drawn by two horfes, PliU' xviii. 30. 5ome 542 ROMAN ANTIQJJITIES. Some kinds of pvlfe^ and alfo corn, were pulled up by the root, {ve/lebantztr,) Col. ib. et ii. lo. I2. Plin. xviii. 30. f. 72. The Greeks bound their corn into fheaves, Hotner. II. xviii, 550. as the Hebrews, Geti. xxxvii. 7. who cut it down with lickles, taking the (talks in handfuls, (mergites), as we do, Ruth. ii. 15. The corn, when cut, was carried to the threfhing-floor, {a- rea)y or barn, [horreum)y or to a covered place, adjoining to the threfliing-fioor, called Nqbilarium, Col. ii. 21. if the ears were cut off from the ftalks, they were thrown into baf- tets, Vorr. i. 1. When the corn was cut with part of the ftraw, it was carried in carts or wains, {plaujlra)y as with us, Virg. ii. 206. The AREA, or threfliing-floor, was placed near the houfe, CoL i. 6. on high ground, open on all fides to the wind, of a round figure, and raifed in the middle, l^arr. i. 2. it was fometimes paved with flint-ftones, Col. i. 6. but tifually laid with clay, confoliduted with great care, and fmoothcd with a huge roller, (^irg. G. i. 178. The grains of the corn were beaten out, [rxcutiebantur^ itindebantury terebantur vel exterebantur) by the hoofs of cattle driven over it, or by the trampling of horfes, [equarum grejfi-' iuj), Plin. xviii. 30. Virg. G. iii. 132. Col. ii. 21. hence j^rea dum mejfesfole calente teret ; iox frtimenta in area terentur, Ti- buU. i. 5. 22. or by flails, {baculi^fujlesy \el pertiat), Ibid, or by a machine, called Traha, v. trahea, a dray or fledge, a carriage without wheels ; orTRIBULA, vel -wra, made of a board or beam, fet with ftones, or pieces of iron, {tabula la~ ftdibus, autferro afperata), with a great weight laid on it, and drawn by yoked cattle, [jumentis junB'is)y Ibid, et Varr. i. 52- TrlbYiloy a threfhing-machine, has the firft fyllable long, from ^f'l^'y teroy to threfh : but iribulus, a kind of thiltle, (or warlike machine, with three fpikes or more, for throwing or fixing in the ground, called alfo murex, ufually plural. ;»«ra- ctSf V. tribuliy caltrops, Plin. xix. i.f. 6. Curt. iv. 13. Veget. iii. 24). has iri (hort, from i-f«'f, three ; and fio^n, a fpike or prickle. Thefe methods of beating out the corn were ufed by the Greeks, Homer. II. xx. 495. and Jews, Ifai. xxviii. 27. Corn was winnowed, {ventilabatw) or cleaned from the chaffs, {acusy -eris), by a kind of {hovel, {valliiSy pala, vel ven- tilabrum), which threw the corn acrofs the wind, Farr. i. 52. Agriculture. 543 or by a fieve, {vatwus vel cribrum), which feems to have been ufed with or without wind, CoL ii. 21. as among the Greeks, Homer. II. xiii. 588. and Jews, If. xxx. 24. Amos ix. 9. Luke xxii. 31. The corn, when cleaned, {expurgatum)y was laid up in gra- naries, (/^orr^a \t\granaria)i varioufly conflruQed, Pliti. xviii. 3©. fometimes in pits, {in fcrobibus), where it was preferved for many years ; Varro fays fifty. Id. ^5* Varr. i. 57. The ftraw was ufed for various purpofes ; for littering cattle, {pecoriy ovibiis biibufque fubjiernebatury iinde Stramen, v. -turn diBum)i Varr. i. i. 3. for fodder, Pliti. xviii. 30. and for covering houfes ; whence Culmen, the roof, from culmus a ftalk of corn, Id. The ftraw cut with the ears was properly called Palea ; that left in the ground, and afterwards cut, Stramen, vel Jlramefitu7ny vel Jlipulay the ftubble, which was fometimes burnt in the fields, to meliorate the land, and deftroy the weeds. Id. i^ Vit'g. G. i. 84. As oxen were chiefly ufed for ploughing, fo were the flee- ces of fheep for clothing ; hence thefe animals were reared by the Romans with the greateft care. Virgil gives directions about the breeding of cattle, {qui cidtus habendo fit pecori) ; of oxen and horfes, (armenta), G. iii. 49. 72. of fheep and goats, (greges), v. 286. alfo of dogs, 404. and bees, iv. as a part of hufbandry. While individuals were reftri£led by law to a fmall portion of land, and citizens themfelvcs cultivated their own farms, there was abundance of provifions, without the importation of grain \ and the republic could always command the fervice of hardy and brave warriors, when occafion required. But in after ages, efpecially under the Emperors, when landed pro- perty was in a manner engroflcd by a few, Juvenal, ix. t^^. and their immenfc eftates in a great m.eafure cultivated by flaves, Liv. vi. 12. ^enec. ep. 114. Rome was forced to depend on the provinces, both for fupplies of provifions, and of men to recruit her armies : Hence Pliny afcribes the ruin firft of Italy, and then of the Proviiices, to overgrown fortunes, and too extenfive pofi'tlTions, [Latifundiny fc. nimis :imp\Zy perdidere Italiam : jam vero ft prcvincias,) xviii. 3. & 6. The price of land in Italy was encreafed by an edict of Trajan, that no one Ihould be admitted as a candidate for an office who had not a third part of his eltate in land, P////. ep. vi. 19. PROPAGATIOa 544 ROMAN ANTIQJJITIES. PROPAGATION of TREES. 'T^HE Romans propagated trees and ftirubs much in the "*• fame way as we do. Thofe are properly called trees {arbores) which fhoot up in one great ft em, body, or trunk, {Jiirpj^ iruncus^ caudex, veljli' fes), and then at a good diftance from the earth, fpread into branches and leaves, {rami et folia) -y flirubs, (FRUTICES, vel virgiilta)y which divide into branches, [ramiy v. -«//), and twigs or fprigs, {virga; v. -ula), as foon as they rife from the root. Thefe fhrubs which approach near to the nature of herbs, are called by VXiwj fuff'nitices. Virgil enumerates the various ways of propagating trees and fhrubs, [fyha fruticej'qtie)^ both natural and artificial, G. ii. 9 &c. I. Some were thought to be produced fpontaneoufly ; as the ofier, [filer) ; the broom, [ge?tijJa) ; the poplar and wil- low, ( falix).. But the notion of fpontaneous propagation is now univerfally exploded. Some by fortuitous feeds ; as the chefnut, the eJcvkiSy and oak : Some from the roots of other trees ; as the cherry, (Cerasus, firft brought Into Italy by Lucullus from Cerafus, a city in Pontus, A. U. 680. and 12b years after that, introduced into Britain, Plin. xv. 25. /. 3c.) the elm and laurel, [laurus, which fome take to be tlie bay- tree). II. The artificial methods of propagating trees, were, — i. By fuckers, (Stolones, unde cognomen ySTOLO, Plin. xv'ii. i. Varr. i. 2.) or twigs pulled from the roots of trees, and plant- ed in furrows or trenches, f/ulci v. fo/f^e)' — 2. By fets, i. e. fixing in the ground branches, {rami, v. talea)i Sharpened {acinninati) like (takes, {acuto robore valli vel faliy cut into a point 5 fudes quadrlfld^, flit at the bottom in four), Virg. G. ii. 25. Plin. xvii 17. or pieces of the cleft- wood, (r^i/rf/ft-j-y^^??;). Id., or by planting the trunks with the roots, (firpes), Id. When plants were fet by the root, {cum radice ferebanturjy they were called ViviradIces, qdickfets, Cic, Sen. 13. Propagation of Trees. 545 -—3. By layers, {propngines), i. e. bending a branch, and fixing it in the earth, without disjoining it from the mother- tree, whence new (hoots fpring, [viva fnd plant. iria terra), V. 27. This method was taught by nature from ttie bramble, (t-x rubo), Plin. xvii. 13. f. 21. It was chiefly ufed in vines and myrtles, ^^irg. G. ibid. v. 63. the former of which, how- ever, were more frequently propagated, — 4. By flips or cuttings, fmall fhoots cut from a tree, and planted in the ground, ( /i/rr.-///, et Malleoli, i.e. furcidi titritique capitulati), with knops or knobs, i. e. protuberances on each fide, like a fmall hammer, Plin. xvii. 2 1 . — 5- ^^y gi^'^^fi^gi or ingrafting, (INSITIO), i. e. inferting a cion, a ihoot or fprout, a fmall branch or grafF, [tradiix, v. fur cuius), of one tree into the ftock or branch of another. There were feveral ways of ingrafting ; of which Virgil de- fcribes only one ; namely, what is called cleft grafting, which was performed by cleaving the head of a ftcck, and putting a cion from another tree into the cleft, [feraces planta immtttiin- tur, Ibid. V. 78. Altcrius ramos vertere m alterius, 3i.)> thug beautifully exprelTed by Ovid, Fijaque adoptivas accipit arbof - cpesj Medic, fac. 6. It is a received opinion in this country, that no graft will fucceed, unlefs it be upon a ftock, which bears fruit of the fiime kind. But Virgil and Columella fay, that any cion may be grafted on any liock, Omnisfurculus omni nrbcri inferi potejl, ft non ejl ei, cui itiferitur^ cortice dijfimxlis^ Col. v. 11. as apples on a pear-ftock, and cornels, or Cornelian cherries on a prune or plum-ftock, Virg. G. ii. 33. apples on a plane-tree, pears on a wild-afh, &c. v. 70. Plin. xv. i. 5. f. 17. Similar to ingrafting, is what goes by the name of inocula- tion, or budding, [oculos imponere^ inoculare^ v -atio), fhe parts of a plant whence it budded, [urtde germinaret)^ were called OCULI, eyes, Plin. ■x.vn. 21. f. 35- and when thele v.'ere cut off, it was faid occacari^ to be blinded. Id. xvii. 22. Inoculation was performed by making a flit in the bark of one tree, and inferting the bud [gemma, v. germen) of another tree, which united with it, v. 73. called alf ■ Emplastratio, Col. V- II. But Pliny feems to diftinguiih them, xvii. 16. f. 26. The part of the bark taken out, [pars exempta; angujlus in ipfo mdofinus)y was called ScuT' LA v. tessklla, the name given alio to any one of the fmall divifions in a checquered table or pavement, Td. See p. 529. Foreft:-trees. [arbores filve/lret), were p'"op,i2;ated chiefly by feeds. Oiives by truncheons, [truncif caudwes feciiy v. hg .r:m 3 Z Jiccum\ 546 ROMAN ANTIQUITIES. ftcctim\ i. e. by catting or fawlncp the trunk or thick branches into pieces of a foot, or a foot and a half in length, and plant- ing them ; whence a root, and foon after a tree was formed, Virg. G. ii. 30. & 63. Thofe trees which were reared only for cutting, were called Arboris c.^D'j^, or wliich being cut, fprout up igini, (/Ivc- ci/ie repiiitulant Ji from the Hem or root, Plm. xii. 19. JSome trees grew to an immenfc heij-.ht. Pliny mentions a beaai of larix or larch 120 feet long, and 2 feet thick, xvi. 40. f. 74. The greatefl: attention was paid to tlie cultivation of vines. They were planted in the ground well trenclvd a.id cleaned, {iff palLlnato^ fc. argo\ in lurrows, or in t!itc''es, Plin. xvii. - i. difpofed in rows, either in the form of a Iqu -re, or of a quin- cvnxy Virg. G. ii. 277. The outermolt rows were called An- ' TES, Id. /i^i']. l2f tejlus. "When a vineyarj^ was dug up, [refjcliehatur)^ to be planted anew, it was properly faid rspallinariy from an iron inftrument ■with two forks, caWt^pajunum. Col. iii 18. which word is pat alfo for a lield ready for planting, [ager paJJhiatus J. An old vineyard thus prepared v. as called ViNtiuM restibile, Id. The vines were fupported by reeds, [urimdwei). or round {takes, (PALI ; wYicnctvitss pnlart\ \.€.fuIcire\c\pedari),ox by pieces of cleft-oak or olive, not round, {ridica)j Plin. xvih 22. which ferved as props, [adnnniciiia, v. pedavievta); round which the tendrils [clavicuk, v. aipreoli, \. e. colliculi v. cmll- cidi vkt'i iniortiy vt cwc'muiy Varr. i 31.) twined. Two reeds or flakes, {valli Jurcaqiie l/idefiies)y fupported each vine, with a (lick, {perticd), or reed ocrofs, tailed Jugum or Canthe- RiUM, Ccl. iv. 12. and the tying of the vines to it, Capitum CONJUGATIO, ei reliGatio, Cic. Se;i. i ;. was eflecicd by ofier or willow-twigs, many of which grew near Ameria in Umbria, Firg. G. i. 265. Col. iv. 30., 4. P/in. xvi. 37. f. 69. Sometimes a vine had but a fingle pole or prop to fupport it, without a jiigiim or crofs-pole ; fometimes four poles, with a jngiim to each ; hence called vitis CompluviaTa, ( ; cavls adi- tim ircnip'iiviis), Plm. xvii. 21. if but oney/^^i;?/?, unijuga, 22. Concerning the faftening of vines to certain trees, Sa p. 452 The arches formed by the branches joined together, {cum pnl~ mites farnunto inier fe jwiguntur funium nwdo)^ were called FuNtTA, Pirn. xvii. 22. and branches of elms extended to fuftain the vines, Tabulata, ftories, Firg. G. ii. 361. When the branches, {palviiies x. panipim)^ were too luxu- riant, the fuperfluous Ihoots or twigs {/armffitu) were lopt off with Propagation of Trees. 547 withthe pruning-knlfe, (/J'?"r<7 (7?;;/)'//,;/^) Cic.Sen. 15. Hence VrrEs contpefcere vc\ caJJigare ; comas jlringere, brachia tondere^ Virg. G. ii. 368. Pampinare (or p wipinos dcrerpere, to lop oft the faiall branches, F/in. xviii. 27. The higheft (hoots were called Flagella, ^irg. G. ii. 299. the branches on wliich the fruit grew, PalMjE ; the ligneous, or vvoocly part of a vine, Matekia-, a branch fpringmg from the (lock, I^ampinarium: from anoiiier branch, FkUCTUA- RIUM-, the mark of a hack or chop, Cicatrix; whence cicc irircfus, Plin. xvii. 22 Col. v. 6. The vines fupported by crofs (lakes in drefHng, were ufual- iy cut in form of the letter X, which was called Decussa no, Cohan, iv. 17. The fruit of the vine was called UVA, a grape; put for a vine, P^irg. G. ii. 6o. for wine, Herat. Od.\. 20. 10. for a vine-branch, (parnpinus) Ovid. Met. iii. 666. for a fwarm, [exiwun) of bees, l^'iyg- G. iv. 55;:^. properly not a fingle ber- ry, {acinusi v. -«.'«), Suet. Aug. 7'S. but a clufler, (racemus, i. e. acinorum congeries., cum pediculis^y Col. xi. 2. The (lone of the grape was called Vinaceus, v. -?/;;;, or acinus vinaceus Cic. Sen. 15. Any duller of flowers or ber- ries, {racemus in crhem circumaEius)^ particularly of ivy, [hede- ra), was called CORYMBUS, Plin. xvi. 34.' Firg. Eel. iii. 39. Ovid. Alet. iii. 66^- crocci corymbt, i. e. flores, Col. x. 301. The feafon when the grapes were gathered, was called Vin- DEMiA, the vintage, {a vino demendo, i. e. uvis legendis) j whence virtdemiafor., a gatherer of grapes, Horat. Sat. i. 7. 30. Vineyards, (VINEJE vel vineta)^ as fields, were divided bv crofs paths, called LIMITES ; (hence lintitare to divide or feparatc ; and limes, a boundary) : The breadth of them was determined by law : See lex Mamilia. A path or road from call to weft, was called DECIMANUS, fc. //Wj, {a menfurq iltnuxn aauum) \ from fouth to north, CARDO, (« cardine mufidiy i. e. the north pole ; thus, mount Taurus is called Car DO, L/=i^. xxxvij. 34.) oxfemita; 'whcwce fimitarey to di- vide by-p^ths in this direction, becaufe they were ufually nar- rower than the other paths. .The fpaces, [arjs), included between two fer.iitj:, were called Pagin^ii, comprehending each the breadth of ^st pali, ox capita vitiiwii diitin^ vines, Plin. xvii. 22. Hence agri CoMiAGiNANTES, contiguous grounds. Vines were planted ( ferebantur) at different diflances, ac- -cording to the nature of the foil, ufually at the diftance of -{ Z 2 " fivi; 548 ROMAN ANTIQ^UITIES. five feet -, fometimei) of eight ; of twenty feet by the Umbri and Mr.tfi, who ploughed and fowed corn between the vines, wl !ch places they called Porclleta. Vines which were tr^: Ipiantcd, [tranJIrJa), bore fruit two years fooner than thofe that were not, (Jata)^ Flin. ibid. The Limites Dt cumani were called prorsi, i. c, porro ver- Ji^ ftraight ; and the Q.kVDi'a^stranfveifii crofs, Fejlus. From the decumatii. being the chief paths in a field j hence decuma- NLS for magmis : thus, Oz-a vel pcma decumana, Feftus. ,^V/- penjer decumanui^ large, Cic. Fin. ii. 8. So Fluclus decimanuSt vei decmus, the greateft, Ovid. Trijl. i. 2. 49. Met. xi. 530. Sil. xiv. 122. Lucan. v. 672. ^enec. igamn. 502, as Tpixv.um, ter- iius fdicfusy among the Greeks. Limites is alfo put for the ftreets of a city, Liv. xxxi 24. Pliny direils the hmite\ decuinani in vineyards to be made eighteen feet broad ; and the cardineSy or tranfverfi limites, ten feef broad Flin. xvii. 22. f. 35 Vines were planted tliicic in fertile ground, (pingui campo), and thinner on hills, but always in exacl order, {ad ufiguem), Virg. G. ii 277. _ The Romans, in tranfplantiag trees, marked on th:. bark the way each ftood, that it might point to the fame quarter of the heaven in the place where it was fet, f^irg. G. ii. i6g. C-Jumell. de Arbor. 17.4. In the different operations of hufbandry. they paid the fame attention to the rifing and fetting of the ftars, as failors, Id. G, I. 204. alfo to the winds. Id. 51. iii. 273. The names of the chief winds were. Aqmlo^ or Boreas., the north-wind; Z'pkyrus. vel Favotiius, the well-wind j iul'ier v. iV^///j-, the foutii-wmdj £z//7/j,the eaft-wind ; Corusy CauruSy vel Japix^ the north- weft ; Africus, vel Libs, the fouth-wcft, Ser.ec. nat. q. v. 16. Volturnu\y the fouth-ea(t, &c. But Pliny denominates and places fome of iheie differently, ii. 47. x\iii. 33. & 4. Winds arifing from the land were called 'iltaniy or (ipjgai; fiom the fea, tropit decemji:gc7n. fc. curruvt)^ Suet. N. 24. See alfo Aug. 94. Thofe who drove chariots in the circus at Rome, with what- ever number of horfes, were called QUADRIGARII, 5//^/. Ncr. 16. from the quadriga: being moil frequently ufed 5 hence Factionf.s qjtadrigariorum, Fejius. Thofe who rode two horfes joined together, leaping quick- ly from the one to the other, were called DESULTORES j hence defultor. v. defertor amoris, inconftant, Ovid. Am. i 3. 15. and the hoifes themfelves, Desultohii, Liv- xliv. 9. Suet- CttJ. 39. fometimf s fuccefsfuUy ufcd in war, Liv. xxiii. 2y. The'vchicles ufcd in races were called CURRU^>, or cur- ricula, chariots, a currendo, from their velocity, having only two wheels, by wh;'tt ver number of horfes they were drawn : So thofe ufed in war by different nations; of which fome were armed with icythes, [cuirus faicati, f,ilcat^ quadriga^ in dif- ferent forms, Ltv. xxxvii 41. & 4:. Curt. iv. 9. Alfo thofe uied by the Reman niagiflrates, the confuls, praetors, cenfors, and chief -^diles, whence they were called Magistkat us CURULES, Carriages, 5-3 CURULEs, Gell. ill. 18. and the feat on which thefe magi- ftrates fat in the fenate-houfe, the rojlra, or tribunal of juftice, SELLA CURULIS, becaufe they Q^rri6.4 it, with them in their chariots. Id. iff Ifidor. xx. ii- • ^ •. ,■, n:'::' It was a ftool or feat without a back, {attacliftierium, v. ta- biilnttim a t ergo fur gens hi quoii redinari pojfet), with four croojji- ed feet, fixed to tiie extremities of crofs pieces of- wood, join- ed by a common axis, fomewhat in the form of the letter !}^, {deciijfatim)y and covered with leather; fo that it might bje occafionally folded together for the convenience of carriage, and fet down wherever the magiftrate chofe to ufc it, F/utarck' in Mar. Suet. Aug. 43. Gell. vi. 9. adorned with ivory; henee called CuRULE ebur, Horat. ep. i. 6. 53. and alt a, Sil. vii^. 488. becaufe frequently placed on a tribunal, or becaufe it was the emblem of dignity; Regia, becaufe firft ufed by the kings, Liv. i. 20. Virg. Mn. xi. 334. borrowed from the Tuf- cans, Liv, i. 8. Fhr. i. 5. in later times adorned with engra- vings ; confpicuumjtgnisi Ovid. Pont. iv. 5. 18. r A carriage in which matrons were carried to games and fa- cred rites, was called Pilentum, an eafy foft vehicle, {pen' file') Serv. in Virg. jlin. viii. 666. with four wheels ; ufually painted with various colours, Ifidor. xx. 12. The carriage which matrons ufed in common [fejlo profejloque) was called Carpentum, Liv. V. 25. named from Carmenta, the mo- ther of Evander, Ovid. Faft. i. 620. commonly with two wheels, and an arched covering ; as the flamines ufed, {currus arcuatui) Liv. i. 21. 48. Suet. Tib. 2. CI. 11. fometimes with- out a covering, Liv. i. 34. Women were prohibited the ufe of it in the fecond Punic w^ar by the Oppian law, Liv. xxxiv. I . which however was foon after repealed, lb. 8. put for any carriage, Flor. i. 18. iii. 2. 10. A fplendid carriage with four wheels, and four horfes, a- liorned with Ivory and filvtr, in which the images of the gods were led in folemn proceflion from their (hrines, {e facrariis) at the Circenftan games, to a place In the Circus y called PuL- vinar. Suet. Aug. 45. where couches were prepared for pla- cing them on, was called THENSA, Fefliis ; from the thongs ftretched before it, ylora tenfa), jfc. in Cic. Verr. i. 59. attend- ed by perfons of the firft rank, in their moft magnificent ap- parel, Liv. V. 41. who were faid Thenfam dug ere vel dedu- cere, Id. ^ Suet. Aug. 43. Vefp. 5. who delighted to touch the thongs by which the chariot was drawn, (funemque mami contifigere gaudent)y Afcon. ib. Virg. jEn. ii. 239. And if a boy (puer patrimus et mairirniis) happened to let go {otniitere) 4 A the 554 R O M A N A N T I QJJ I T I E S. the thong which he held, it behoved the proceffion to be re» newed, Cic. Refp. H. lo. & ii- Under the emperors, the decreeing of a Then/a to any one, was an acknowledgment of his divinity, Suet. Csf. 76. A carriage with two wheels, for travelling expeditioufly was called CISIUM, q. cithim, Cic. Phil. ii. 31. S. Rofc. 7. Senec. ep. 72. the driver, Cisiarius, Ulpian ; drawn ufually by three mules, Aufon. ep. viii. 7. its body [capfiim, v. -a) of bafket-work, (Ploximum, v. -enum), Feflus. A larger car- riage for travelling, with four wheels, was called RHEDA, a Gallic word, ^tin^il. i. 9. Cic. Mil. 10. Att. v. 17. vi. i. or Carruca, Suet. Ner. 30. the driver, Rhedarius, or Car- KUCARius, lb. an hired one, Meritoria, Suet. Caf. 57. both alfo ufed in the city, Martial, iii. 47. fometimes adorned with filver, Plin. xxxiii. 11. An open carriage with four wheels, for perfons of inferior rank, as fome think, was called PE- TORRITUM, Gell. XV. 30. Horat. Sat. \. 6. 104. alfo a Gallic word, Fejlus. A kind of fwift carriage ufed in war by the Gauls and Bri- tons, was called ESSEDUM, C^f. B. G. iv. 33. Virg. G. iii. 204. the driver, or rather one who fought from it, Esseda- Rius, Cic. Fam vii. 6 def. v. 19. adopted at Rome for com- mon ufe, Cic. Phil. ii. 58. Suet. Cal. 16. Galb. vi. 18. A carriage armed with fcythes, ufed by the fame people, COVINUS, Sil. xvii..4i8. the driver, Covinarius, Tacit. Jigr. XXXV. 36. fur.ilar to it, was probably Benna, Feflus. In the war-chariots of the antients, there were ufually but two perfons, one who fought, [kellatcr)^ and another who di- ledled the horfcs, (t2z/;v^^, the charioteer), Virg, JEti. ix. 330. xii. 4159. 624. 737. An open carriage for heavy burdens {vehicuh/m onerarium) ■ was called PLAUSTRUM, or veha^ (a/-^«?i^), a waggon or wain; generally with two wheels, fometimes four; drawn commonly by two oxen or more, Virg. G. iii. 536. fometimes by affes or mules. A waggon or cart with a coverlet wrought of ruflies laid on it, for carrying dung or the like, was called SCIRPEA, Varr. L. L. iv. 3. properly the coverlet itfelf, fc. crates; In plaujlro fcirpea lata fuit^ Ovid. Fall. vi. 780. A covered cart or waggon laid with cloaths, for carrying the old or infirm of meaner rank, was called ARCERA, quaft area, Gell. XX. I. The load or weight which a .wain could carry at once, (uv^ vecfura)yv:z^ called VEHES, -is. Col. xi. 2. A waggon with four wheels was alfo called GARRUS v. 'um% Carriages. ' 55^ *•«?«, by a Gallic name, Caf. B.G. i. 6. 26. Lii). x. 28. or SaR" RACUM, Jwo, iii. 255. or /.pirhedium. Id. vui. 66. ^nw clli. i. 5. and by later writers Angaria, vel Clabulare ; alfo Carragium, and a fortification formed by a number of carriages, Carrago, Am. Murcdlin. xxxi. 20. SARRACA Bootx^ v. -tisy or plaiijiia, is put for two con- ftellations, near the north pole, Juvenal, v. 23. Ovid. Met. ii. 117. called the two bears, \/Jr£ii ^emitia, vel dine a>xTO()i Ur- sa MAJOR, named HeHce, [farrhajisy i. e. Arcadica)^ Lucan. ii. 237. Cic. Acad. iv. 20. ParRHAsis Arctos, Ovid. Triji. . 3. 48. from Calliito, the daughter of Lycaon, king of Ar- cadia, who is faid to have been converted into this conftella- tlon by Jupiter, Ovid. Met. ii. 506. and Ursa minor, called Cynosura, i. e. xwo? «paj cants cauda, Cic^ N. D. ii. 41. Gvid.' Fall. iii. 106. properly called Arctos, diltinguiflied from the greater bear, (Helice,) Ovid. ep. xviii. m. The greater bear alone was properly called Pi. a U strum, Hygin. poet. Ajlron. i. 2. from its refemblance to a waggon, Ovid. Pont. iv. I o. 39. whence we call it Charles s tvain^ or iht plough; and the ftars which compofe it, Triones, Alarii- al. vi. 58. q. Teriones, ploughing oxen, Varr. L, L. vi. 4.^ Gell. ii. 21. feven in number. SEP fEMTRlONES Cic.ib. 42. VtMtpldiijlra in the plur.is applied to both bears; hence called Gemini Triones, yirg J^n^.x. 744. zKoinoccidiiiyV. nunquam cccidentesy becaufe they never fet, Cic. ib. Oceam wetuentes aquore iifigiy Virg. G. i. 246. 'for a reafon mentioned, Ovid. Faft. ii. 191. and tardi valpigri, becaufe from their vicinity to the pole, they appear to move flow, Ncquefe quoqitam in cosh cGinmovent, Plaut. Amph. i. i. 117. The Urfa Major is attended by the conflcllation BOOTES, q. bubulcusy the ox-driver, Cic.'"■*» ^'^fof, urfce cuJlos. Around the pole, moved the dragon, [draco v. anguis'y gemifias qui feparat Arifos, Ovid. INiet. ii. 45.) .ap- proaching the urfa major with its tail, and furrounding the urfa minor with its bodv, Virg. G. i. 244. 4 A 2 The 555 ROMAN ANTIQUITIES. The principal parts of a carriage were, i. The wheels, (ROTtE), the body of the carriage, (CAPSUM, t/j, v. -a, Ploxemum, v. -MJ-, Feftus), and draught-tree, (TEMO) ; to which the animals which drew it were yoked. The wheels confided of the axle-tree, (AXIS), a round beam, {ligniimy v.Jiipes teres)y on which the wheel turns; the nave, {modwliis)^ in which the axle moves, and the fpokes {ra- dii) are fixed 5 the circumference of the wheel, (peripheriay v. rotir fumm£ curvatura^ Ovid, Met. ii. 108). compofed of fellies, [apsides)^ in which the fpokes are faflened, commonly furround- ed with an iron or brafs ring, [caiithiis)y Quindil. i. 5. 8. Perf. V. 71. Virg. jEn, v. 274. A wheel without fpokes, {nonrndiata), was called TYM- PANUM, from its refemblance to the end of a drum. It was made of folid: boards, [tabula:)^ fixed to a fquare piece of wood, as an axis^ without a nave, and -ftrengthened by crofs-bars, [tranfverfis ajfcribus), with an iron ring around, (ferreiis can- this)\ fo that the whole turned together on the extremities of the axisy called CARniNEs, Prcbus iti Virg. G. i. 163. Such wheels were chiefly ufed in ruftic wains, Ibid, b G. ii. 444. as they ftill are in tliis country, and called tumblers. Tympanum is alfo put for a large wheel, moved by horfes or men, for rai- fing weights from a Ihip, or the like, by means of pullies, {trc- chlea)^ ropes y and hooks, a kind of a crane, {tollenoy grtis, v. yifavof), Lucret. iv. 903. or for drawing water, {viachina hatif- t6ria)yyitYuy.x.-g.Curva antlia, Mart. \x. 19. Ancla v. AnthA, Suet. Tib. 51. (avTX»-M^, John vi. 11). HaUSTUM, v. rota aquaria^ fometimes turned by the force of water, Lucret. V. 317. The water was raifed through a fiphon, (fipho^ v. -on) Jijiuhi v. cana/is), by the force of a fucker, {embolus v. -z/m), as in a pump, or by means of buckets, {^nodio/i v. hama)y Ju- venal, xiv. 305. Water-engines were alfo ufed to extinguifc fires, Piin. ep. x. 42. From the fuppofed diurnal rotation of the heavenly bodies. AXIS is put for the line around which they were thought to turn, Cic. dc Univ. 10. Vitruv. ix. 2. and the ends of thv axis^ CaRDInes, vertices, vel poli, f©r the north and fouth poles, Cic. N. D. ii. 41. Virg. G. i. 242. PHn. ii. 15. Axis and po- LUS are fometimes put for coslum or ather ,- thus, fub atheris •axet i. c./ub dio vel aere^ Virg. Mn. ii. 512. viii. 28. hicidus polus^ iii. 5 85. Cardines mundi quatuor^ the four cardinal points; Septentrio, the north; Meridies, the fouth; Oriens, ic.fol, Vel ortus folisy the eaft ; Occidens, v. occafus fcUs, the weft; ^'/inSlH. xii. 10. 6^. cordo £ous, the eait, Sat. Theb. \. 157. Carriages. 557 i. 157. ccciduus^ V. HefperiuSf the weft, Lucan. iv. 672. v. 71. In the north Jupiter was fuppofed to refide ; hence it is called DoMiciLlUM Jovis, ^erii. in Virg. JEn. ii. 693. Sedes deo- RUM, FejTiis in SiNisTR-ffi AVES : and, as fome think, porta coELi, Virg. G. iii. 261. thus, Tempejias a vertice, for a fep- tentrione, lb. ii. 310. The animals ufually yoked in carriages, were horfes, oxen, affes, and mules, fometimes camels, ^uet. Ner. ii-. F/in. viii. 18. elephants, Curt. viii. 9. P/in. viii. 2. Suet. CI. 11. Senec, de Ir. ii. 31. and even lions, Plin. viii. 16. tigers, leopards, and bears. Martial, i. 105. dogs, Laniprid. Heliog. 28. goats and deer, Mart. i. 52. alfo men, Plin. xxxiii. 3. Lucan- x. 276. and women, Lamprid. ib. 29. Animals were joined to a carriage, [vehiculo v. ad vehlculum jungebantur, Virg. JEn. vii. 724. Cic. Att. vi. i. Suet. Cxf. 31.) by what was called JUGUM, a yoke •, ufually made of wood, but fome-imes alfo of metal, Herat. Od. iii. 9. 18. jferem. xxviii. 13. placed upon the neck, one yoke commonly upon two ; of a crsoked form, Ovid. Fajl. iv. 2 1 6. with a bend [cur-vatura) for the neck of each : Hence fid} jugo co- gerey v. jungere; colla v. cervices jugo fuhjicere^ fubderCyfub' mitterCy \. jupponere^ ^ eripere : ]vGUM fubire^ cerviceferre^ detreclare^ exuere, a cervicibus dejicere, excutere, is^c. The yoke was tied to the necks of the animals, and to the pole or team with katliern thongs, {'ora Subjugia), Cato. 6^. Fitriru. X. 8. When one pair of horfes was not fufhcient to draw a cat- rlage, another pair was added in a ftraight line before, and yoked in the fame manner. If only a third horfe was added, he was bound with nothing but ropes, without any yoke. When more horfes than two were joined a-breaft, [aquata frcnte), a cuftom which is faid to have been introduced bv one Clifthenes of Sicyon, tv.'o horfes only were yoked to the carriage, called Jug ales, jugarii, v.jugesy {l^y'), Fejlus ; and the others were bound (appenji vel adjiincli) on each fide with ropes ; hence called FUNALES EQUI, ^uet. Tib. 6. Stat. T/jeb. vi. 461. [?^i>xpojioi, a-upziot, 'V.ra.py.xi::i)^ Dionyf. VU. "J^. Ifl' dor. xvii. 35. Thenar. Ann. ii. or FunES, Aufcn. epitaph. xxxv» 10. in a chafiot of four, {in quadrlgis)^ the horfe on the right, DEXTi-R, V. primus ; ou the left, sinister, Uvus \. fecuiidusy Id. This method of yoking horfes was chiefly ufed in the Circenfian games, or in a triumph. The iuftruments by which anunals were driven or excit- ed. 558 ROMAN ANT I QJJITIES. cd, were, — r. The lafli or whip, F/agrtim, v. FLAGELLUM, iurto-Ti?), made of leathern-thongs, (Scutica, /oris horridis, cKVTuKx, Martial, x. 62). or twifted cords, tied to the end of a flick, fomctimes fliarpened {nculeatt) with fmall bits of iron or lead at the end, (Horribile flagellum, Horat. Sat. i. 3. 117.) and divided into feveral laflies, (tatiia \. loraj, called SCORPIONS, I Kings xn. 11. — 2. A rod, (VIRGA, Juvenal, m. "^T"]. Lucafi.iv.6S2). or goad, (STIMULUS, i. e. perticn cum cufpide acuta^ a pole or long Hick, with a fharp point ; llcncc Jlimulos alicui adpil>e- re, admoverc, addere, adjicere ; JlimuUs fcdere^ incitarc, &c. Aclverjus Jliinulum calces, iz. jaElare, to kick againft the goad, TVr. phorm. i. 2. 28. ^r^of xEvrp \ay.rJjiy, "' jUmuios calcitrarey Acls ix. 5. — And 3. A fpur, (CALCi\R, quodczlci cquitis alUgeiur j ferrata cake cimcJantem impellebat equum, Sil. vii. 696.) ufed on- ly bv riders : Ke2ice equo calcatia addere, ful"^cre, ts'c. Alter frenis egety alter cnlcaribus, faid by Ifocrates of Ephorus and Theopompus, Cic. Ait. vi. i. Orat. iii. 9. The inftruments ufed for rcftraining and managing horfes, were,— I. The bit or bridle, iFR^NUM, pi.-/, v. -1), faid to have been invented by the Lrfi'.his, a people of ThtiTaly, Virg. G. iii. 115. or by one Pelethronius, Plin. vii. 56. the part which went round the ears v>-as called A urea ; that which was put in the mouth, properly the iron or bity Orea, Ftfius ; fonietimes made unequal and rough, like a wolf's teeth, particularly when the horfc was headftrong, (tenax\ Liv. ::xxix. 5. Ovid. Avi. iii. 4. 13. [diiricr oris equus), lb. ii. 9. 30. hence freiia Lupata, Horat. Od. i. 8. 6. Virg. G. iii. 208. Ovid. Am. i. 2. 15. or LuPl, Id. Triji. iv. 6. 4. Stat. AchiiU i. 28 T. Fretia .ujicerey concuterey acciperCy nia?iderey detra^ herCy Ir.fcnre, isfc. Franum mordere, to be impatient under rtflraint or fubjeclion, Cic. Fam. xi. 23. but in Martial, i. 105. ^ Stat. Sylv. i. 2. 28. to bear tamely. The bit was fometimes made of gold, as the collars, (;«5/;/- I:a)y which hung from the horfes neck ; and the coverings for their backs f /I rata) v/cre adorned vvith gold and purple, rirg. uSn. vii. 279. — 2. The reins, (HABEN^., vel Lorn), hence Labe/::!j corripere, JleBere, v. moliri, to manage ; dare, ivimitterey effiin- derey la^..re. per mitt erCy to let out ; adducerey\.o Axi-W \xiy and Jiipprimere^ Ovid. Am. i. 13. lo. To certain animals, a head-flail or muzzle, (Capistrum), was applied, Virg. G. iii. 188. fometimes with iron fpikes fix- ed Carriages. 559 ed to it, as to calves or the like, when weaned, lb. 399. or with a covering for the mouth, (fifcella) *, hence Ji/cei/is caplf- trare boves, to muzzle, Plin. xviii. 19. ?>'i^5v. Deut. xxv. iv. es confuercy Senec. ep. 47. But Capijlrum is alfo put for any rope or cord ; hence vitem capiftro conftringere^ to bind, Coin* mel. iv. 20. Jumenta capijlrare^ to lie with a halter, or faf- ten to the flail, Jd. vi. 19. The perfon who direfted a chariot and the horfes, was call- ed AURIGA, ("vioj-of, qui lora tenebat) ; or ngitnior, {iKartu,) the charioteer or driver, Ovid. Met. ii. 327. Cic. Att. xiii. 21. Acad.'iv. 2^. alfo Moderator, Ltican.Vm. 199, But tliefe names are applied chiefly to thofe who contended in the Cir- cus, Suet. Cal. <:;4. Ner. xxii. 24. Plin. Ep. ix. 6. or direct- ed chariots in war, Virg. and always flood upright in their chariots, {injljhbant currikis), Plin. ep ix. 6. Hence auri- GARE for curntm iegere% and Aurigarius, a perfon who kept chariots for running in the circus, Znet. ib. Auriga is the name of a conftellation, in which are two ftars, called H^Di, the kids; above the horns of Taurus, Serv. in Virg. JEn. ix. 668. On the head of Taurus^ are the Hyu' des, (nb "f". pluere), or SucuU, {a/i/ibus), Cic. N. D. ii. 43. Plin. ii. 39. Gell. xiii. 9. called Pluvio'y by Virgil, /En. iii. 516. and Trijies, by Horace ; becaufe at their rifmg and fet- ting, they were fuppofed to produce rains, Od. i. 3. 14. on the neck, or, as Servius fays, G.\. 137. ante genua taurij Plin. ii. 41. ifj cauda taint feptem\ PLEIADES, or Vergi- Li.^, the feven ftars ; fmg. Pletas vel Plias, Ovid. Ep. xviii, 1S8. Agitator is alfo put for agafo^ [qui jumenta agebat) a per- fon who drove any beafts on foot, Virg. G. i. 273. But drivers were commonly denominated from the name of the carriage ; thus, rhedarius, plaujlrarius^ Sec. or of the animals which drew itj thus, MuLio, Suet. Ner. 30. Senec. ep. 87. Martial, ix. 58. xii. 24. commonly put for a muleteer y who drove mules of burden, {rnull clitellarii)^ Martial, x. 1. & 76. as eqiiifoy for a perfon who broke or trained horfes, [equorum dcwiior, qui tolutim incedere, v. badizare doi-ebat, to go with an ambling pace), under the Alagijfer Equorum, the chief mana- ger of horfes, Varro. The horfes of Alexander and Caefar would admit norideis but themfelves, Curt. iv. 5. Plin. viii. 42. Dio. xxxvii. 54. The driver commonly fat behind the pole, with the whip in his right hand, and the reins in the left ; hence he was faid federe 56o ROMAN ANT IQ^UIT lES. federe prima fella y Phsedr. iii. 6. federe temone^ v. prima temone, i. e. in fella proxima temoniy Stat. Sy]v. i. 2. 144. Propert. iv. 8. and temone labiy v. excuii, to be thrown from his feat, f^irg. JEn. xii. 470. fometimes dreft in red, [canuftnatusj i. e. vejie Cannfii conjecia indutus)^ Suet. Ner. 3c. or fcarlet, {cgcco), Martiah x. 76. fometimes he walked on foot, Li'v. i. 48, Dionyf. iv. 39. Setiec. Ep. 87. When he made the carriage go flower, he was faid, currum equofqueftijiinere, Cic. Att. xiii. 21. when he drew it back or afide, retcrquere et averterey Virg. JLn. xii. 485. Thofe who rode in a carriage, or on horfeback, were faid vchiy or portariy evehi ; or invehi \ thofe carried in a hired ve- hicle, [vehiculo vieritorio)^ Vectores : fo pafl'engers in a fnipj Cic. Nat. D. iii. 37. 3. Juvencl. xii. 63. but vector is alfo put for one who carries, Ovid. I' aft. i. 433. Fvlminis vector aquila, Stat, as vehens for one who is carried, Cic. Clar. or. 97. Jtidiii. xi. 7. Gell. V. 6. fo iv. vehens y Cic. N. D. i. 28. When a perfon mounted a chariot, he was faid Currum con- fcendercy ady — v. infrenderey et iiifiUrey which is ufually appUed to mounting on horfeback, filtu in currum emicarey Virg. xii. 327. when helped up, or taken up by any one, curru v. in- currtini iolli. 'fhe time for mounting in hired carriages was intimated by the driver's cracking his whip, Juvenal, iii. 317. to difmount, defcenderc v. defdire. The Romans painted their carriages with different colours, Serv. in Virg. A. viii. 666. and decorated them with various ornaments, with gold and filver, and even with precious ftones, Plin. xxxiii. 3. Juvenal, vii. 125. as the Perfians, Curt. iii. 3. X. I. Hence Ovid. Met. ii. 107. Of the cirr. 71 0?iiE was built on feven hills, [collesy montesy arceSy vel •'■'^ jugay nempe, Palaunus, ^nrinalisy Aventlnusy CcvUuSy Vitninarn^ Exquilinus, et Janicularis) ; iKJnce called urbs SEP- TICOLLIS ; or Septemgemina, Stat. Silv. i. 2. 191. iv. 1.6. by the Greeks, l^ruyr^oi^ Serv. in jEn. vi. 784. G. ii. 535. and a fellival ' was celebrated in December, called 8eptimo>;tium, Of the City. 561 Septimontigm, Feflus, Sitet. Dom. 4. to commemorate the addition of the 7th hill, Plutarch, q. Rom. 68. The Janiciilum feems to be improperly ranked by Servius ■among tiie feven hills of Rome ; becnife, though built on, and fortified by Aiicus, Li-o. i. 33. it does not appear to have been included within the city, Id ii. 10. 51. Dio. 37. Gell. XV. 27. although the contrary is aflerted by feveral authors, £.iitrop. i. 5. The Ccllis Capitohnust vcl Tarpe'uiSy which Ser- vius omits, ou;^ht to have been put inllead of it. The Janiculum^ Collis Hortulorum^ and Vat'tcamis were af- terwards added. 1. Mons PALATINUS, vel PALATIUM, the Palatine mount, on which alone Romulus built, Liv. \. 5. Here Au- gulliis had his iiouie, and the fucceeding emperors -, as Ro- mulus had before : Hence the emperors houfe was called P A- LAriUiM, a palace. Suet. 72. Dio. liii. 16. Domus Pala- TiNA, Suel. CI. 17. Vefp. 25. D. 15. and in later times, thofe who attended the Emperor, were called Palatini. 2. CAPl rOLINUS 5 fo called from the Capitol built on It' formerly named Saturnius, from Saturn's having dwelt there* Jujtin. xliii. i. Virg. ibid, and TARPEIUS, from Tarpeia* who betrayed the citadel to the Sabines, Liv. i. 11. Dionyf. ii- 38. to whom tliat mount was afligned to dwell in, L/v. i. 33. 3. AVENTINIT.S, the m.ofl: exteufive of all the hills, Di- cnyf. iv. 26. named from an Alban king of that name, who was buried on it, Liv. i. 3. the place v/hich Remus chofe to take the omens, lb. 6. therefore faid not to have been inclu- ded within the Pomteriitm^ Gell. xiii. 14. Senec. de brev. vitae, T 4. till the time of Claudius, Ibid. But others fay, it was joined to the city by Ancus, Liv. i. 33. Dionyf. iii. 4]. called alfo LoUis ^luRCius, from Murcioj the goddefs of fleep, who had a chapel, (facellum). onityFe/lus; Co.V/i Di an. 5, from a temple of Diana, Stcii. Sih. ii. 3. 32. and Remonius, from Retnas, who wilhed the city to be founded there. 4. QUIRINALIS, is. fuppofed to have been named from a temple of Romulus, called alfo ^annusy which Hood on it, Horat. ep. ii. 268. Ov'jd. Faji. iv. 375. or from tlie Sabines, \vho came rrom Cwesy and dwelt there, Fcjiiis ; added to the city by .Servius, Liv. i. 44. called in later times, Alcns Cabal- /', or Caballinus, from two marble horfes placed there. 5. C^LIUS, named from C.=ELts Fibennn^ a Tufcan lead- er, who came to the afliltance of the Romans againft the Sa- bines, with a body of men, and got this mount to dwell on, P'arr. L. L. iv. 8. added to the city by Romulus^ according to 4 B Dionyf 562 ROMAN ANTIQJJTTIES. Dtonyf. ii. 50. by Tullus Hoftilius, according to Liv. \. ■^0. by Ancus Martius, according to Stmbo, \. p. 234. by Tiirqui- nius Prifcus, according to Tacit. j4n>j. iv. 65. antiently called QuLRQi'Ei ULANUS, from the oaks which grew on itj Ibid, in the time of Tiberius, ordered to be called Augustus, Tacit. Ann. iv. 64. Suet. Tib. 4^. afterwards named Lateranus, where the Popes long refided, before they removed to the Va- tican. 6. VIMINALIS, named from tliickets of ofiers which grew there, [vimineta)^ Varro. ibid. Jw.enal. m. 71. or Fag u ta- lis, [{xomfagif beeches), Ptin. xvi. 10. added to the city by Serviiis Tuliius, Liv. i. 44. 7. EXQUILINUS, Exqnilia, vel E/qifi/ia, fuppofed to be named from thickets of oaks, {ti/r?, 'cfa), which grew on it, Varro, L. L. iv. 8. or from watches kept there, {exciibi.t), 0\\ Faft. iii. 246. added to the city by Servius Tuliius, Liv. i. 44. JANICULUM, named from Janusj who is faid to have firll built on it, yirg. JEn. v'ni. 358. Ovid. Fajl. \. 246. the moft favourable place for taking a view of the citv, Martial. iv. 64. vii. 16. From its fparkling lands, it got the name of Mo7is Avreiu, and by corruption, Montorius. VATICaNUS, fo called, becaufe the Romans got poflcf- fion of it, by expelling the Tufcans, according to the counfel of the foothfayers, (vates).^ Feftus ; or from the prediclions uttered there, Geli. xvi. 17. adjoining to the yauiculuiriy on the north fide of the Tiber, Ho at. Od. i. 20. difliktd by the antients, on account of its bad air, [infaviis aer, Frontin.) Tacit, hift. iu 93. noted for producing bad wme, Mart. v>. 02. xii- 48. 14. now the principal place in Rome, where are the Pope's palace calUd St .inge.'o-, the Vatican library, one of the fineft in the world, and St Peters church. COLLIS HORTULORUM fo called, from its being o- riginally covered with gardens, Suet. Ner. ^o. taken in to the city by Aurelian; afterwards called Pincius, from the Pincilf a ncb'e family w ho had their feat there. The g.ites of Rome at the death of Romulus, were three, or at moft four ; in the time of Pliny thirty-feven, when the circumfere: ce of the walls was thirteen miles, 20c pace^^ ; it was divided by Auouftus into fourteen regiones, wards or quar- ters, Plin. iii. 5. f. 9- The principal gates were,— i. Porta FLAMINIA, through which the Flaf?7inian road paflcd j called alfo Flumentana, bec:ufe it lav near the Tiber.- 2. COLLIN A, {r. collibus ^irwn/t et Vinnmli), called alfo QI)li faid to have been found, (caput 67/ vel Tcli cujnfdan!), Liv. i. 38. 55. Dionyf- iv. 59. Scrv. in Virg. .^n. vrii. 345. — built on the Tarpeian or Capitoline mount, by Tarqui -ius Superhus, //'. and dedi- cated by Hor.Ttius, Liv. ii. 8. ; burnt A. U. 670. rebuilt by Sylla, and dedicated by Q^Catulus, A. (^"JS' again burnt by the foldiers of Vitellius, A. D. 70. Tacit. Hijt. iii. 72. and rebuilt by Vefpafian. At his death it was burnt a third time, and reftored by Domitian, with greater magnificence than ever, Sitet. Dom. z,. A few veftigcs of it ftill remain. Capitolium is fometimes put for the mountain on v.-r.ich the temple flood ; as, Lm. i. lo, 33, '^8. ii. 8. &c. and fome- times for the temple itielf, Liv. iii. 18. vi. 4. &c. The edi- fice of the Cnpitol was in the form of a fquare, extendirg nearly 200 feet on each fide. It contained three temples, Udesy temfla, cclla vel detiibra,) confecrated to Jupiter, Minerva, and Juno, Dionvf. iv. 61. The temple of Jupiter wasin the middle, whence he is called Media qui fed et dde Deus, Ovid. Pont. iv. 9. 32. The temple of Minerva was on the right, Liv. vi. 4. whence flie is faid to have obtained the honours next to Jupiter, ( Proximos illi (fc. Jovi) tumen occiifavit t alias honores, Ilor;-!. Od. i. 12. 19.) and the temple of Juno on the left, P. Viffcr^ in defer. Rom. Regionis viii. Livy liowever places Juno firll, iii. 15. So Ovid, Trijr. ii. 291. The Capitol was the higheft part in the city, and flrongly fortified; hence called ARX, Virg. ^n. viii. 652. (vel ah ar- ced, quod is fit Iccvs munitrffimus urlnsy a quofaciltimepcfjit hflis prohibefiy Varr. 1^. L. iv. 32. vel ab «xpo;, fummus) ; Capitolium aique arxj Liv. ii. 49.- iii. 5. arx CapitoUi, Fior. iii. 21. The afcent to the Capitol from the Forui-j was by 100 (leps, Tacit. Hifi. iii. 71. Liv. viii. 6. It was moll ma;:;rificently adorned ; the very gilding of it is faid to have coft i ,00 talents, i. e. L. 1,976,250, Plutarch, in Poplic. hence called Aurpa, l''irg. ib. 348, and FULGENS, Horut. Od. iii. 3> 43. The gates were oi brafs, J.iv.x. 23. and the tyles gilt, Pitn.-xx\n\. 3. The principal temples of other cities were alfo called by the name of Capitol, Suet. Cai. 47. Sil. xi. 267. Cell. xvi. 13. Plaut. Cure. ii. 2. lO- In Public Buildings. 565 In the Capitol were likewife the temples of Terminus, Liv. i. ^^.fee p. /88. of Jupiter Feretrius, Id. iv. 20. Nep. Att. 20. &c. Cafu Romiili, the cottage of Romulus, covered with ftraw, Liv. V. 53. Senec. Heh. 9. l^itruv ii. i. near the Curia Calais a, Macrob. Sat. i. 1. Senec. Contr. i. 6. Uvld. Faft. iii. 183. Near the afcent to the Capitol, was the ASYLUlvl, or farnctuary, Liv. i. 8. which Romulus opened, fee p. 42. in imi- tation of the Greeks Serv. in Firg. Mn. viii. 342. ii. 761. Stat. Ikeb. xii. 4p8. Lit^ xx.\v. 51. Cic. /err.'h 33. Tacit. Aim, IV. 14. 2. The PANTHEON, built by Agrippa, fon-in-law to Au- guftus, nnd dedicated to Jupiter Ultor, Piin. xxxvi. 15. or to Mars and Venus, Die. \\n. 27. or, as its name imports, to all the goAs,fee p. 320. repaired by Adrian, Spartian. 19. confe- crated by Pope Boniface IV. to the Virgin Mary, and All- Saints, A. D. 607. new called the Rotunddy from its round figure, faid to be 150 feetliigh, and of about the fame breadth. The roof is curicufly vaulted, void fpaces being left here and there for the greater llrength. It has no windows, but only an opening in the top for the admiflion of light, of about 25 feet diameter. The walls in the infide are either folid marble or incrufted. The front on the outfide was covered with brazen plates gilt, the top with filver-plates, but now it is covered with lead. The gate was of brafs of extraordinary work and ii::e. They ufed to afcend 10 it by twelve fteps. but now they go down as many j the earth around being fo much raifed by the demolition of houfes. 3. The temple of Apollo built by Auguftus on the Pala- tine hill. Suet. Aug. 29. Veil. ii. 81. in which was a public li- brary, Hor. Ep. i. 3, 17. where authors, particularly poets, ufed to recite their compofitions. Id. Sat. i. 10. 38 fitting in full drefs, Pei-f. i. 15. fometimes before feletSl judges, who pafled fentence on their comparative merits. The poets were then i2\Accvimittiy to be contrafted or m.atched, :,uet, /^ug. ^g. .Juvenjl. vi. 435. as combatants, Sust. Aug. 45, and the re- citers, cornuixtterc cpera. Suet. CI. 4. Hence Caligula faid of Seneca, that he only compofed Commissiones, Ihewy decla- mations, Suet. C. 53. A particular place is faid to have been built for this purpofe by Hadrian, and confecrated to Minerva, called Athenaeum, Aurel. Vid. — Capitol, in -Gordian. 3. Pertinac. 11. Authors ufed ftudioufly to invite people to hear them recite their works, Dialcg. de Orat. 9. who commonly received them M'ith acclamailons, Plin. ep. ii. 14. thus, hK:AZ, pidchre, M^e, S66 ROMAN ANTIQJJITIES. fuge; NoN POTFST MELIUS, C;V. Omi. iii. 26. Herat. Ari. P. 428. Per/, i. 49. 84. Mart. ii. SoPHOS, i. ^.fapienter^ (^!'?i.-)» Jcit'e^ dcETe, Mart. i. 4. 7. — 5c. 37. — 67. 4— 77, 9. and fome- times exprefled their fondnefs for the author by killing him, Martiau i. 4, 7. f/ -7 14. 4. The temple of Diana, built on the Aventine mount, at the inrtigation of Servius Tullius-, i^y the La^in States, in ron- jun£lion with the Roman pccple, in imitation oi the rcn ; le ot Diana at Ephefus, which was built at the joint expencc of the Greek States i 1 Ada, / iv. i 45. 5. I'he temple of Janus, built by Numa, {jr^dex bfHi et pac.s) with two br..zen gates, one on each fide, to be open m war, and (hut in time of peace Liv. \. 19. yell. ii. 38. i-iin. 3 ,. 7. Serv. ifi V:rg. i. 294. vii. 607. fhut only once during the re- public, at the end of the firft Punic war, A. U. 529. Ibid. thrice by Augullus, [Jatitwi ^ufjnuin. i. e. Templu.n Jani belli potentis. ter-cdivfit, Suet. Aug, 21. Jatiutn ^anni, Hor. Od. iv. f5. 9.) firft after the battle ot Allium, and the death of Antony and Cleopatra, A. U. 725. D/o. Ii. 20. a fecond time after the Cantabrian war, A. 729. Die. liii. 26. about the third time, authors are not agreed. Some fuppofe this tem- ple to have been built by Romulus, and only enlarged by Nu- ma ; hence they take Jatitis ^arir.i for the temple of Janus, built by Romulus, Macrob. Sat. i. 9. A temple was built to Romulus by Papir'us, A. U. 459. Liv. X. 46. and another by Auguftus, Oio. liv. 19. 6. The temples of Saturn, Juno., Mars, I eiius, Ali/ieivaf Neptune, 6r. of tcrtur.c, of which there were many, of Con- cord, Peace, &c. /iuguftus built a temple to Mars UJtor in tlie Fcrun^ugi/JIi, Suet. Aug. 29. Ovid. Faft. v. 551. Dio faysj^in the Capitol, liv. 8. by a miftake either of himfelf or his tranfcribers. In this temple were fufpended military ftandards, particularly thofe vwhich the Parthians, took from the Remans under Lral- fus, A. U 701. Dio. xl. 27. and which Phraates. the Parthi- an king, afterwards reftored to :* uguftus, Jd. liii. 33. together •with the captives, Id. liv. 8. yell. ii. 9 1 . JtJL xlii. 5. Plo/ . iv. . 2. Eutrop. vii. 5. Suetonius, iivg. 2i. and Tacitus, -intial. ii. i. fay that Phraates alfo gave holtages No event in the life of Auguitus is more celebrated than this, and on account of no- thing did he value himfelf more than that he had recovered wirl out bloodfijed, anc by the me?e terror of his name, fomany citizens and warlike fpoils, loft by the mifcondu6l of former com- manders PuBUc Buildings. 557 manclers. Hence it is extolled by the poets, Hornt. Od. W. i ;. 6. Ep. 1. 8. 5'. Ovid. Tn/h ii. 227. Fa/L vi. 465. Firg. /En vii. 6ofi. and the memory of it perpetuated by coins and infcriptions. On a flone, found at incyray now -Ingouri in Phrygia, [in laplde 'Incy am) are thefe words; Parthos trium exer- ciTUUM ROMANORUM, (i. 6. of the two armies of Craflus, both foil, Dio. xl. 21. and father, lb. 24. and of a third .irmy, commanded by Oppius Statianus, the Lieutenant of Antony, Id. Xlix. 25.) SPOLIA ET SIGNA REMITTERE MIHI, SUPPLICES- <^TE AMICICIAM POPULI ROMANI PETERE COEGI : And On ftveral coins the Parthian is rcprefented on his knees deliver- ing a military ftandard to Auifuftus -, with this infcription, CiVIB. ET. SIGN. MIHT. A PaRTHiS. RECtP. ^'f/ RES TIT. vel RECUP. II. Theatres, fee p. 359. Amphitheatres,/. 348. and pla- ces for exercifc or amufenient. ODEUM, fa'-''£(5Vj from « s domina cnmpi^ Cic. Pif. 2. or for the votesj • hence vtnalis campis^ \ c.Jiffragiay Lucan. i. ;oO. Cair.ti No- ia, a repulft^- Fa/. ]\Inx. vi. 9. 14. or for any thing in which a perfon exercifes himfeh ; hence lat'-JJimus dicendt cnmpus^ in ^uo liceat oratori vagari I'ibere, a large field for fpeaking, Cic. Ojf. i. 18 Acid. iv. 35. Campus y in quo excurrere -virtus ^ cog' fiojcique poffu. Cic. r^Iar. 8. NAUMACH1-£, places for exhibiting naval engagements, built nearly in the form of a Circus \ vetus, i. e. Naiimachia Cirri Maxitni, Suet. Tit. 7. AUGUSTI, Id. 43. Tib. 72. DcMiTiANi, Id. 5. M'lrtinl. SpeB. 28. Thefe fights were ex- hibited alfo in rhe circus and amphitheatre, Ibid. See p. 345. in. CURIjiC, buildings where the inhabitants of each Cuna met to perform divine fervice, I'arroy de L, L. iv. 32. fee p. I. or where the ftnate affcmbled, (Spnac la); p. 9. IV. FOR A, public places. Of thefe the chief was, FORUM Roman UM, Vetus, vel Magnum, a large oblong open fpace between the Capitoline and Palatine hills, now the CS1U market J where the aflemblies cf the people were held, where juftice was adminiftered, and public bufmefs tranfafted, See p. 77. 99. 123. &c. inftituted by Romulus, Dlouyj. ii. 5c. and furrounded with porticos, fh.'ps, and buildings by farqui- nius Prifcus, Liiu i. 35. Thefe fhops were chiefly occupied by bankers, (argcniarii^^\ hence called A k gen TAKiiE, fc. ta- hertn, Lir.wvi. n. veteres, Plaut. Cure, iv i. n^. hence ratio pecuniar um. qu^e in foro verfatur, the flat* of money mat- ters, Cic. Aianil. 7- Jidem dcforo tolkre^ to dePioy public credit, Cic. Hull. \. 8. in foro 'uerfari, to trade, Id. FLicc. 29. fore Cider e^ to become bankrupt, ^en. ben. iv. 39. vel m f:ro eum mn Public Buildings. 569 iton haberey Cic. Rabir. Poft. 15. but de foro decedere^ not to appear in public, Nep. Att. 10. in foro ejje. to be engaged in public bufinefs, Id. Cat. i. vel dare operam foroy Plaut. Afm. ii. 4. 22. fori tabesi the rage of litigation, Tacit. Ann. xi. 6. in ali- eno foro litigare, to follow a bufmefs one does not underftand, Martialypr^f xii. Around the forum were built fpacious halls, called B\SI- LIC-^, where courts of juftice might fit, and other pubMc bu- finefs be tranfa6led. See p. 1 24. not ufed in early times, Liv. xxvi. 27. adorned with columns and porticos, Cic. Varr. iv. 3. V. 58. Att. iv. 16. afterwards converted into Chrifliian churches. The Forum was altogether furrounded with arched porticos, with proper places left for entrance, Liv. xli. 27. Near the Roira, flood a ftatue of Marfyas, vel -a, Horat, Sat. i. 6. 1 20. who having prefumed to challenge Apollo at fmging, and being vanquilhsd, was flayed alive, Liv. xxxviii. 13. Ovid. Fajl. vi. 707. Hence his ftatue was fet up in the Forum ^ to deter unjuft litigants. There was only one Firum under the republic. Julius Cse- far added another; the area of which colt H. S. milUes^ i. e. L. 807,291 : 13 :4, Suet. Jvl. 26. Plin. xxxvi. 15. f. 24. and Auguftus a third, Id. xxix. }^ i . Hence trina fora, Ovid, Trifi.-, iii. 12. 24. Senec. de Ira, ii. 9. Triplex forum, Martial, iii. 38. 4. . . Domitian began a fourth Forum^ which was finillied by Ner- va, and named from him, FORUM NERV^, Suet. Dom. 5, called alfo Transitorium, becaufe it ferved as a convenient palTage to the other three, Lamprid. in Alex. 28. But the moft fnlendid Forum was that built by Trajan, and adorned with the fpoils he had taken in war, Marcellin. xvi. 6. Gell. xiii. 23. There were alio various FOR A , or market-places, wkcTc certain commodities were fold ; thus, Forum BO ARIUM, the;. ox and cow market, Fejiiis ; in which ftood a brazen ftatue of a bull, Taciit. xii. 24. adjoining to the Circus Maximus, Ovid. PaJ}. \\. <\-rj. SuARiUM, the fwine-market ; PISCARIUM, the Fifh-market •, Olitorium, the Green market; Forum Cu- PEDiNis, where paftry and confections were fold; all contigu- ous to one another, along the Fiber : When jomcd together called MACELLUM, from one Macellusy whofe houfe had flood there, Varr. de L. L. iv. 32. Thofe who frequented this place are enumerated, Ter. E-un. ii. 2. 25. ■ V. PORTICUS, or piazzas, were among the moft fplen- 4 ^ did 570 ROMAN ANTIQUITIES. did ornaments of the city. They took their names either from (he edifices to which they were annexed ; as Porticus Concerdi^j AppoUinis, ^liriniy Herculis, Theatric Circiy Amphitheatri, &c. or from the builders of them ; as Porticus Powpeia, Livioy O&avidy Agrippai &c. ufed chiefly for walking in or riding under covert, Ovid. Art. Am. i. 67 Cic. Dom. 44. See p. 441, In porticos, the fenate and courts of juflice were fometimes held, /Jppian. hell. civ. ii. p. 500. Here alfo thofe who fold jewels, pi£lures, or the like, expofed their goods. Upon a fudden fhower, the people retired thither from the theatre, Vitruv. v. 9. Soldiers fometimes had their tents in porticos, Tacit, hijl. i. 31. There authors recited their works, "Juvenal, i. 12. philofophers ufed to difpute, Qc Orcit. ii. 20. Prcpert. ii. 33. 45. particularly the Stoics 5 whence their name, (from o-Tox, porticus)^ becaufe Zeno, the founder of that feft, taught his fcholars in a portico at Athens, called Poccile^ ^Toiy.ix^j varia, picfa), adorned with various pictures, particu- larly that of the battle of Maratlion, Cic. Mur. 29. Per/, iii. ^3. Nep. Milt. 6. So Chryfippi porticus ^ the fchool of, Horai. Sat. ii. 3. 44. See p. 441. Porticos were generally paved, ( pavimentot^)^ Cic. dom. 44. Q. fr. iii. I. fupported on marble pillars, Senec. ep. 115. and adorned \%'ith ftatues, Ovid. Faj'l.y. 563. Trijl. iii. li 59. Pro pert. ii. 23. 5. Suet. Aug. 31. VI. COLUMNS, (r);?.a», vel rv\oi^, columns or pillars pro- perly denote the props or fupports, (fulcra') of the roof of a houfe, or of the principal beam on which the roof depends, {cchwienj; but this term came to be extended to all props or fupports wlaatever, efpecially fuch as are ornamental, and alfo to thofe ftru(^ures which fupport nothing, unlefs perhaps a ftatue, a glol^e, or the like. A' principal part of architecture confifts in a knowledge of the different form, fize, and proportions of columns. Columns are varioufly denominated from the five different orders of architefture, Doric, lonicy Ccrint.bian, Tufcar.y and Compofite/x. e. compofed of the firft three. ■ The foot of a column is called the bnfe [hafisy Plin. xxxvi. 23 f. 56). and is always made one half of the height of the diameter of the column : That part of a column on which it ftands, is called its pedeftal, (Jlylobatesy vel 'ta)y the top, its chapiter or capital, (epijlyliumy caput vel capitulum)^ and the ftraight part, its fliaft, (fcapus). Various Public Buildings. 571 Various pillars were ere£ted at Rome in honour of great men, and to commemorate illuflrious aftions, PH71. xxxiv. 5. thus, CoLUMNA i-iiNF.A, a brazen pillar, on which a league with the Latins was written, Liv. ii. 33. Columna rostra- ta, a column adorned with figures of fhips, in honour of Duilius, in the Forum ; fee p. 390. of white marble, 5//. vi. 663. ftill remaining with its infcription ; another in the Ca- pitol, ere£led by M, Fulvius, the Conful, in the fecond Punic war, Liv. xlii. 20. in honour of Cxfar, confiding of one ftone of Numidian marble, near twenty feet high, Su£t. Jul. 86. of Galba, Id. G. 23. But the moft remarkable columns were thofe of Trajan and Antoninus Pius. Trajan's pillar was erecled in the middle of his Forum, compofed of twenty-four great pieces of marble, but fo cu- rioufly cemented, as to feem but one. Its height is 128 feet; according to Eutropius, 144 feet, viii. 5. It is about twelve feet diameter at the bottom ; and ten at the top. It has in the infide 185 fteps for afcending to the top, and forty win- dows for the admiflion of light. The whole pillar is incrufted with marble, on which are reprefented the warlike exploits of that Emperor and his ar- my, particularly in Dac'ia. On the top, was a ColofTus of Trajan, holding in his left hand a fceptre, and in his right, an hollow globe of gold, in which his afhes were put ; but Eu- tropius affirms his aflies were depofited under the pillar, viii. 5. The pillar of A ntoninus was eredled to him by the fenate after his death. It is 176 feet high, the fteps of afcent 106, the windows 56. The fculpture ^hd other ornaments are much of the fame kind with thofe of Trajan's pillar, but the work greatly inferior. Both theie pillars are ftill ftanding, and juftly reckoned a- mong the moft precious remains of antiquity. Pope Sixtus V. inftead of the ftatues of the emperors, caufed the ftatue of St Peter to be ere6led on Trajan's pillar, and of Paul on that of Antoninus. The Romans were uncommonly fond of adorning their houfes with pillars, Cic. Verr. i. 55. &c. Horat. Od. ii. 18. Jitven. vii. 182. and placing ftatues between them, (/'« inter" columtiiis), Cic. Verr. i. 19. as in temples, Ov.Trij} iii. i. 61. A tax feems to have been impofed on pillars, called Colum- NARiuM, Cic. Ait. xiii. 6. Caj. B. C. iii. 28. f. 32. There was a pillar in the Fon/m, called Columna Manidy from C. M^enius, who having conquered the Antiates, A. U. 4 C 2 417 572 ROMAN ANTIQUITIES. 417. placed the brazen beaks of their (hips on the tribunal in the Forumy from which fpeeches were made to the people ; hence called ROSTRA •, See p. 77. PUn. xxxiv. 5. f, n. Near this pillar, flaves and thieves, or fraudulent bankrupts, ufed to be punifiied, Cie. Cliient. 13. Hence infignificant idle perfons, who ufed to faunter about that place, were called CoLUMNARii, Cic. Fani. viii. 9. as thofe who loitered about the RcJIra and courts of juftice were called Subrostrani, Cic. Fain. viii. i. and Subbasilicarii, Plant, dipt. iv. 2. 35. comprehended in the Turha forenfn^ or plchs urhtia, which Cicero often mentions. VII. ARCUS TRIUMPH ALES, arches ereaed in hon- our of illuilrious generals, who had gained fignal victories in ■war, Dh. xlix. 15. li. 19. liv. 8. feveral of which are ftill {landing. They were at ,firll very fimple 5 built of brick or hewn-ltone j of a femi-circular figure -, hence called Forni- CES by Cicero, l^en: i. -^. ii. 63. but afterwards more magni- ficent, built of the fineft marble, and of a fquare figure, with a large arched gate in the middle, and two fmall ones on each fide, adorned with columns and ftatues, and various figures done in fculpture, Juv. x. 136. From the vault of the middle gate, hung little winged ima- ges of vidtory, with crowns in their hands, which, when let down, they put on the vitlor's head as he pafled in triumph. This magnificence began under tlie firfl emperors ; hence Pliny calls it Ncticium inventum, xxxiv. 6. f. 12. VIII. TROP^£A, trophies, were fpoils taken from the enemy, and fi.xed upon any tiling, as figns or m.onuments of vi£tory, (,z rpory^^ fugt^) ; erefled (pcfita v€[Jiatitta) ufually in the place where it was gained, and confecrated to fome divi- nity, with an infcription, Virg. JEn. xi. 5. iii. 288. Ovid. Jrt. Amor, ii, 744. Tacit. Ann. ii. 22. Curt. vii. 7. viii. i. nfed chiefly among the antient Greeks, who, for a trophy, decorated the trunk of a tree with the arms and fpoils of the vanquifhed enemv, Stat. Tbeb. ii. 707. JuiJ. x. 133. Thofe who ere<£led metal or {tone were held in deteftation by the other ftates, Cic. de hifent. ii. 23. nor did they repair a trophy when it decayed, to intimate, that enmities ought not to be immortal, Plutarch. qutf/L Row. 36. Diod. Sic. 13. Trophies were not much ufed by the Romans, who, Flo- rus fays, never infulted the vanquifhed, iii. 2. They called any monuments of a vittpry by that name, Cic. Arch. 7. Dorn. 37. Pi[. 38. PUn. paneg. 59. PUn. not. hiji. iii. 3. f. 4- 20. f. 24. Public Buildings. ^73 24. Thus the oak tree, with a crofs piece of wood on the top, on which Romulus carried the fpoils of Acron, king of the C^eriinenfes, is called by Plutarch T^oTaiov j by Livy, fer- CULUM, i. 10. or, as others read the paffage, ferltrum. TropoMm is alfo put by the poets for the victory itfelf, Horat. od. ii. 9. 19. Nep. Themijl. 5. or the fpoil9, V^irg- G. iii. 32- I^ was reckoned unlawful to overturn a tropliy, as having been confecrated to the gods of war. Thus Cvefar left (landing the trophies which Pompey, from a criminal vanity, had erect- ed on the Pyrenean mountains, after his conqueft of Sertorius and Perpenna in Spain, Dio.xYi.24. Strab. iii. p. 156. and that of Mithridates over Priarius near Ziela in Pontus, Id. xlii. 48. but reared oppofite to them monuments of his own vic- tories ; over Afranius and Petreius in the former place, and over Pharnaces, the fon of Mithridates, in the latter. Ibid. The infcription on Csefar's trophy on the Alps we have, Plin. iii. 20 1. 24 Drufus creeled trophies near the Elbe for his victories over the Germans, Dig. Iv. i. Flor. iv. 12. 23. Ptolemy places them [inter Canduam et Luppiam), ii. 11. There are two trunks of marble, decorated like trophies, ftill remaining at Rome, which are fuppofed by fume to be thofe faid to have been ere6led by ISIarius over Jugurtha, and over the Cimbri and Teutonic vel -es^ Suet. Jul. 1 1. Val. Max. vi. 9. 14. But this feems not to be afcertained. IX. AQU^DUCTUS. >See p. 442. Some of them brought water to Rome from more than the diilance of fixty miles, through rocks and mountains, and over vallies, Plin. xxxvi. 15 f. 24. fupported on arches, in fome places, above 109 feet high, one row being placed above another. The care of them antiently belonged to the Cenfors and -/Ediles ; afterwards cer- tain officers were appointed for that purpofe by the Emperors, called CuRATOREs AQUARUM, with 720 men, paid by the public, to keep them in repair, divided into two bodies, ffa' niiliit) ; the one called Publica, firft iuilituted by Agrippa, under Auguftus, confiding of 260 j the other, Familia C^- SARis, of 46c, inflituted by the Emperor Claudius, Frontin, de /Jquaducl. The flaves employed in taking care of the water, were cal- led Aquarii, Cic. Fam. viii. 6. Aqltaria provincia, is fup- pofed to mean the charge of the port of OIlia, Cic. Vat. 5. Mur. 8. A perfon who examined the height from which water might be 574 ROMAN ANTIQJJITIES. be brought, was called LIBRATOR, Pl'ui. ep. x. 50. 69. the inftrument by which this was done, Ac^uaria libra, Vitrwo. viii. 6- hence locus pari libra cum aquore maris efty of the fame Jieight, ColumelL viii. 17. Omnes aqva diverfd in urbem Hbrd perveniuniy from a different height, Froniin. \, t8. So turres ad libram facitt, of a proper height, def. B C. iii. 40. Locus adlibellam aqutts^ quite level, Varr. de R. R. i. 6. The declivity of an aquseduft [libramentum aquce) was at Jeaft the fourth of an inch every 1 00 feet, [in centems pedes ft- cilici minimum erii), Plin. xxxi. 6 f . 31. according to Vitruvius, half a foot, viii, 7. The moderns obferve nearly that men- tioned by Pliny. If the water was conveyed under ground, there were openings [lumina) every 240 feet, {in hitios ailus). Ibid. The Curator ox prcvfcBus aquarumvfzs inverted by Auguftus with confiderable authority. Suet. Aug. 37. attended without the city by two li£lors, three public (laves, an architedl, fe- cretaries, &c. Froniin. hence, under the later emperors, he was called Consularis aquarum, /. i. C. de Aquced. According to P. Victor, there were twenty aqucedu^ls in Rome, but others make them only fourteen. They were named from the maker of them, the place from which the wa- ter was brought, or from feme other circumftance ; tiius, Aqua Claudia^ Appia, Marciay 'Julia, Cimhiay JFelixy ViRGO, (vel virgineus liquor, Ovid. Pont. i. 8. 38.) fo called, becaufe a young girl pointed out certain veins, which the diggers fol- lowing found a great quantity of water, Frontin. but others give a different account of the matter, Pli?i. xxxi. 3. Cajfiodor. vii. epijl. 6. made by Agrippa, Dio. liv. 14. as feveral others were. Suet. Aug. 42. Dio. xlviii. 32. xlix. 14. 42. X. CLOAC/E, [a CLUo vel conluo^ \. e. purgOy Feft. & Plin.) fewers, drains, or links, for carrying off the filth of the city into the Tiber ; firft made by Tarquinius Prifcus, Liv. i. 38. extending under the whole city, and divided into numerous branches ; the arches which" fupported the ftreets and buildings were fo high and broad, that a wain loaded v.-ith hay, {yehisy v. -es foeni large oniijla), might go below, and veffels fail in them : Hence Pliny calls them operum omnium diclu maxiniuviyfu-ffojjis nicrJibus, atque urbe penfiliy fubterque navigata, xxxvi. 13. So Siriih. v. p. 225. There were in the ftreets, at proper diftances, openings for the admiffion of dirty water, or any other filth, Horat, Sai. \\. 3. 242. which peifons were appointed always to I Public Buildings. 57j to remove and alfo to keep the Cloaca clean, Pl'in. Ep x. 41. This was the more eafily efFedled by the decUvity of the ground, and the plenty of water with which the city was fupplied, Pl'iH. xxxvi. 15. The principal fewer, with which the reft communicated, was called CLOACA MAXIMA, the work of Tarquinius Superbus, Liv. i. 56. Various cloaca were afterwards made, Liv. xxxix. 44. The Cloaca at firfl were carried through the flreets, (per piiblicitm duBa) ; but by the want of regularity in rebuilding the city, after it was burnt by the Gauls, they in many places went under private houfes, L'w. v. 55. Under the republic, the Cenfors had the charge of the Cloaca^ but under the Emperors, Curatores Cloacarum were appointed, and a tax impofed for keeping them in repair, called Cloacarium, Ulpian. XI. VI^, — The public ways were perhaps the greateft of all the Roman works, made with amazing labour and expence, extending to the utmoft limits of the empire, from the pillars of Hercules to the Euphrates, and the fouthern confines of Egypt. The Carthaginians are faid firft to have paved (Jlravijfe) their roads with ftones ; and after them, the Romans, Ifidor. XV. 16. The firfl road which the Romans paved, {mtimverunt)^ was to Capua J firft made by Appius Claudius the cenfor, the fame who built the firft aqu^eduil:, A. U. 441, Liv. ix. 29. Eutrop. ii. 4. afterwards continued to Brundufium, Herat, ep. i. 1 8. 20. 5af. i. 5. Tacit. Ann. ii. 30. about 350 miles, but by whom is uncertain; called regina viarum, Stat. Syh.\\. 1. 11. paved with the hardell flint, fo fumly, that in Icveral places it remains entire unto this day, above 2000 years ; fo broad, that two carriages might pafs one another, commonly hov/- ever not exceeding fourteen feet. The ftones were of diffe- rent fizes, from one to five feet every way, but fo artfully joined, that they appearetl but one ftone. There were two jirata below; the ^xW. Jlrotum of rough ftones cemented with mortar, and the fecond of gravel ; the vfhole about three feet thick. The roads were fo raifed as to command a profpc£l of the adjacent country. On each fide there was ufually a row of larger ftones, called Margines, a little raifed, for foot paf- fengers : hence the roads were faid Marginari, Liv. xli. 27. iSometimes S76 ROMAN ANTIQUITIES. Sometimes roads were only covered with gravel, [glarea)j with a foot-path of flone on each fide, Ibid. AujTuflus erected a gilt pillar in the Forum y called MILLIA- RIUM AUREUM, Plin. iii. 5. Tacit, hijl. i. 73. Suet. 0th. 6. Dio. liv. 8. where all the military ways terminated. Pint, in Galha, p. 1064. The miles however were reckoned not from it, but from the gates of the city, 1. 154. D. de V. 5. along all the roads, to the limits of the empire, and marked on ftones ; hence LAPIS is put for a mile ; thus, ad tertium lapidem, tlie fame with trla miHia pajjiaim ab itrbe^ Plin. xv. 18. Liv. xxvi. 10. At fmaller diftances, there were ftones for travellers to reft on, and to afiift thofe who alighted to mount their horfes, Plutarch, in Gracch. See p. 218. The public ways (PUBLICiE VL^), were named either from the perfous who.hrfl; laid them out, or the places to which they led : thus, VL\ APPIA, and near it. Via NU- MICL-^, wliich alfo led to Brundufium. Via AURELL\, along the coaft of Etruria ; FLAMINIA, to Ariminum and A<]uileia ; CASSLA, in the middle be- tween thefe two, through. Etruria to Mutina, Cic. Phil. xii. 9. Cat. ii. 4. iEMILlA, which led from Ariminum to Plapen- tia, Liv. xxxix. 1. Via PR^NESTINA, tp Pr^mjle ; TIBURTINA, vel TIBURS, to Tibur, Horat. Sat. i. 6. ic8. OSTIENSIS, to Oltia ;. Laurentina, to Lrtf/rf«/i/^«, Plin. ep. ii. \6. Sala- RiA, fo called, becaufe.by it the Sabines carried fait from th.e fea, FeJIus^ Martial, iv. 64. iS. Latina, &c. The principal roads were called PUBLICO, vel INIilita- RES, ccfifiilaresy v&\ pratcritx ; as among the Greeks, fixa-txiKai, i. e. rt'i^io' ; the lefs frequented roads, J?R.IV AT ^^-agrano", Vel v'icir.clcSy quia ad agros et vicos diicunt, Ulpian. The charge of the public ways was intrufted only to men of the hipheft. dignity, Plin: Ep.v. 15. Auguftus himfelf undertook liie c'narge of the roads round Rome, and appoint- ed two men of Praetorian rank to pave the roads ; each of whom wvis attended by two lictors, Dio. liv. 8. From the principal ways, there were crofs-roads, which led to fcrne lefs noted pl?cc, to a country villa, or the like,called DIVERTICULA, Suet. Ker. 48. Plin. 31.3. f. 25. Serv. ad lEn. ix. 37CJ. which word Is put alfo for the inns along the public loads, Liv. i. 51. Donat. in Ter. Eun. iv. 2. 7. hence for a digreliion from the principal fubjeft, Liv, ix. 17. Juve- naL XV, 7?, But Public Buildings. 577 But places near the road where travellers refled, {quo diver- terent ad requiefcendum)^ are commonly called DIVERSORIA, whether belongnig to a friend, the fame with Hofpit'ui^ Cic. Fani. vi. 19. or purchafed on purpofe, lb. vii, 23. or hired, (mcritoria), then properly called Caupon.€, Horat. Ep. i. 11. 12. or Ti^BKKN^i diversorIj*:, Plant. True. iii. 2. 29. and the keeper, [Inftitor)^ of fuch a place, of an inn- or tavern, CAUFO ; thofe who went to it, Diversores, Cic. Inven. \. 4. Divifi. 17. Hence cominorandi natnrA diverforiiiin nobis y non -^ hahitandi dedit^ Id. Sen. 23. In later times, the inns or ftages alonji; the roads were call- ed MANSIONES j commonly at the diftance of half a day's journey from one another, See p. 372. and at a lefs diftance, places for relays, called, MU FATIONES, where the public couriers, f [ublici cur fores vc\ Veredarii), changed horfes. Thefe horfes were kept in conilant readinefs, at the ex- pence of the Emperor, but could only be ufed by thofe em- ployed on the public fervice, without a particular permiffion notified to the inn-keepers by a diploma, Plin. Ep. x. 14. i2i. The Romans had no public pofts, as we have. The firlt invention of public couriers is afcribed to Cyrus, Xenophon. Cyrcp. viii. p. 496. Edit. Hutchinfon. Auguftus firft introduced them among the Romans, Stiet. Aug. 49. Plutirch. Gnlb. Fiut they were employed only to forward the public difpatches, or to convey political intelligence, Plin. Ep. x. I 20. It is furprifing they were not fooner ufed for the pur- pofes of commerce and piivate communication. Lewis XL firll eftablilhed them in France, in the year 1474; but it was not till the firit of Charles II. anno i6'»o, that the poft-office was Icttled in England by adl of Parliament, Rapin. vol. 2. 622. fol. ed. and three years after, the revenues arifmg from it, when fettled on the Duke of York, amounted only to L. 20,000, lb. 680. Near the public ways the Romans ufually placed their fe- pulchres ; See p. /i^-^o. The ftrcets of the city v/ere alfo called VI^, the crofs- ftreets. Vis. transvi-RS^, Cic. Verr. iv. 53. thus. Via sa- cra, Horat. Sat. i. 9. NovA, Ovid. Fajl. vi. 395, &(5. paved with flint, Juvenal, iii. 270. yet ufually dirty. Id. 247. Mart, vii. 60. 6. v. 23. 6. The Roman ways were fometimes dug through mountains, as the grotto of Puzzoli, Crypta Puteolana^ between PitteoU and Naples ; and carried over the broadeft rivers by bridges, 4 D (hence f78 ROMAN ANTIQUITIES. (htnctfacere poiitem in Jluvio ; Jlinniim ponte jimgere, vel coih" mittere ; pontem jiuv'io impcne:e, indere vel injicerc.) The antient bridges of Rome were eight in number : i.. Pom SUBLICIUS, vel JEmilius^ fo called, becaufe firft made of wood, {ixotafubhca (lakes, Lii). \. 33.) and afterwards ot {lone by -(Emilius Lepidus ; fome vediges of ir ftill remain at the foot oir Mount Aventine : 2. Pons FABRICIU.^, which led to an ifie ^n the Tiber, {infulo)^ firft built of ftone, A. 692, Dio. 37. 45. And 3. C£STIUS, which led from the illand ; 4. SENATORIUS, vel Pn'atinus, near mount Palatine; fome arches of it are ftill ftanding : 5. Fo/is jANICULI, vel -arls, fo named, becaufe it led to the Jiu:icilum .- lull ftanding : 6. Pons TRIUMPHALIS, wh.ch thofe who triumphed paffed n going to the Capitol ; only a few veftiges of it remain ; 7. Fons jiELIUS, built by ^Eius Hadrianus ; ftill ftanding; the largeft and moft beautiful bridge in Rome : 8. Fons JNIIL- VlUS, without the city; now called Foi.te mollc. There are feveral bridges on the Anio or Tevero?ie ; the moft confiderable of which is Pons Narsis, fo called, becaufe re- built by the Eunuch Narfes, after it had been deftroyed by Totila, king of the Goths. Ahout fixty miles from Rome, on the Flaminian way, in the country of the Sabines, was Pons Nae.niensis, vv'hich joined tM-^o mountains, near Navnia, or Narni, over the river Nar, built by Auguftus, of ftupendous height and fize; vefti^ ges of it ftill remain, one arch entiie, above loO feet high, and 150 feet v/ide. But the moft magnificent Roman bridge, and perhaps the moft wonderful ever made in the world, was the bridge of Trajan over the Danube ; raifed on tv, enty piers of hewn- ftone, 150 feet from the foundation, fixty feet broad, and 170 feet diftant from one another, extending in length about a mile. But this ftupendous v/ork was demolilhed by the fuc-> ceeding Emperor Hadrian, who ordered the upper part oi'd the arches to be t ikcn down, under pretext that it might not fep/e as a paftage to the Barbarians, if they ftiould become mafters of it ; Die. Ivih. 13. but in reality, as fome writers fay, through envy ; becaufe he defpaired of being able to raife any work comparable to it. Some of the pillairs are ftill {landing. There was a bridge at Nifmes (A^tv;;.; ?//?//«), in France, which fupported an aquoedu£l over the river Gardon, confiding of three rows of arches ; feveral of which ftill remain entire, and are Limits of the Empire. 579 ■art efteemed one of the moft elegant monuments of Roman magnificence. The ftones are of an extraordinary fize, feme of them twenty feet long ; faid to have been joined together, without cement, by ligaments of iron. The fiifl: row of arch- es was ',38 feet long ; the fecond, 746 ; the third and higheft, 805 ; the height of the three from the water, 1 8 2 feet. In the time of Trajan, a noble bridge was built over the Tagus, or Tayo, near Alcantara in Spain ; part of which is ftill ftanding. It confifted of fix arches, eighty feet broad each, and fome of them 2co feet high above the water, extending in length 66-^ feet. The largeft fingle arched bridge known, is over the river Elaver, or Allier, in France, called Ponx veteris Brivaiisy near the city Brioiule, in Avergne, from Briva, the name of a bridge among the antient Gauls. The pillars ftand on two rocks, at the dillance of 195 feet. The arch is eighty-four feet high above the water. Of temporary bridges, the moft famous was that of Cxfar over the Rhine, conflru£led of wood, C the Danube and the Rhine ; and on the fouth, the catara£ls of the Nile, the deferts of Africa and Mount Atlas j mcluding the whole Mediterranean fea, and the beft part of the then known world. So that the Romans were not without founda- tion called Rerum domini, y'lrg. JEn. i. 282. and Rome, Lux OR IS TERRARUM, ATQUE ARX OMNIUM GENTIUM, Cic. Cat. iv. 6. Terr ARUM dea GENTiUM(iUE Romuy cui par EST NIHIL, ET NIHIL SECUNDUM, Mart- xii. 8. CaPUT OKBis TERRARUM, iL/i;. i. If), xxi. 30. Caput rerum, Tac'tt, hiji. ii. 32. Liv, i. 45. DoMiNA Roma, Horat, od. iv. 14. 44. 4 D 2 Princeps 58o R O M A N A N T I QJJ I T I E S. Princeps urbium, Id. iii. 13. Regia, Ep. i. 7. 44. PuL- CHERRIMA RERUM, Virg. G. Vl 534. MaXI.VIA RERUM, Mn. vii. 602. Sed qua de fcpttvi totum circumjpirit orhem tnontibus, IMPIIRII Roma deumqi/e, i. e. prwcipum v. iviperatonim LOcu s, Ovid. Trijl. I. 4. 69. Caput mundi rekumque po- TESTAs, Lvcan. ii. 136. Septem urbs altajugis, toto quae PRAESiDET 0\ 383 Advocati 262 AcToamata 33«, 450 Adytum 327 A6la diurna, &c. 18 ^ditui 320 A(Slio in rem 229 ^diles plebei et curules 142 in perfonam 230 ^dilitii 119 ib -^neatores 37^ ■ inftitoria 238 -iErarium 146 — • exercitoria ib . facere 128 241 ^s 491 poenalis 242 — rude ib 241 — grave 492 bonae fidei 242 ^ftimatio litis 206 fepulchri violati 489 -^tas Senatoria 4 A<3:iones empti, 8c c. 237 Agafo 549 — legis 187, 209 Agere cum populo 139 A£ta Csefaris 192 Agere foruAv. conventus 161 A6lionem edere et poftulare Agere a6lum 251 227 Agger 373. 395: Ador 226) 534 Agitator 549> 559 Adlus 51J 503 .537 Agmen 377 ■ legitimi 187 Agnomen _ 33 Adluarii 176 >5i5 Agnati 32,46 Addidus 45 } 250 Agonalia 334 Album 5^2 tATiN INDEX. Page Album 121 , 223, 259 fenatOTium 7 Ala 3^7>37' AIjb 3<^7>37i5 379^ 521 Alea & -tores 458 Alio die 88, 89 Aliptse 443 Aluta 421 Alvei 398 Amanuenns 5^5 Ambarvales 3 ^'9 Ambitus 52 > 2t4, 220 Ambulacra 441 Amenta 420 Amphitheatrum 348 Amphora 4^4, S«^4 Amphorse 4S4 Ampliatio 269 Ampulla 443»454 Anagnoftse 4SOj 5^5 Aiiatocifmus 500 Anchora 404 Ancile 280 Anclpitia munimenta 394 Angiportus 52 Anima<1vertere 1 10 . 13^179 Animadverfio cenforia 131 Anima 471 Annales 294 Annuli 428, 471 Anquifitio 255 Antas S^9 Anteambulones 451 Amennse 403 Antepagmenta 519 Antes 546 Antefignani 381 Anteftari 226 Antlcum 521 Antiquare legem 93 Antlia 402, 556 Apophorita 56 A pi u ft re Apotheca Apparitores Appellatio Aquarli Aquacdudus 5I3 Aquila Ara et akare — fepulchri Aratrum Aratores Arbiter bibendi Arbltrium Arbores casdUie Arcera Archimimus Ar6lurus A reus Triumphalfes Area Area & Ager Arena Argentarii 492, Argentum Aries Arma et tela Armamenta Armaria Armillse Aromata Arrha v arrhabo Arrogatio Arundo Arufpices Arvum Arx As Afcripti glebae AfFertor AfTeffores 124, Afleres Affiduus Png^ 4c2 5^^ 176 252 573 442, 573 381 327 481 535 533 243 45^ 472 546 554 477 555 57^ 542 52 348 501, 568 494 39^ 368 404 ^'\ 386, 425 444 236 49 523 304 535 564 490 ■ 39 231 162, 259 551 533 Aftr^ea LATIN I N D E :5?. 5«3 Page Page Aftraea 283 Bigati nummi 493 iiftrologi 303 Biffextilis 333 Afylum 42, 5^> Bolis 405 Afymboius 429 Bombyces 426 Atheiiseum S^S Bona vacantia 7^ Athletjc 343 Brachia 403, 409 Atria auclionaria SS Bracc?e 411 Atrienfis 449» 526 Buccina 376 Atrium, V. aula 52'» 524 Bulla 414 Attalicse veftes 437>524 Bule et Buleutx 74 Audio 55 Buftuarii 482 Au6lor 232 Buftum 481 86 C. ■■■ « - legis fententias 16 Caballus 549 Autlores juris 189 Caducum 213 Aufloramentum 346 Cceritum tabulx 128 Aucloritas 55 Caius, & -a 465 Senatus 12, 21 Calamus 508 Auditores 190 Calcar 55S Aug are s 296 Calcei 4f9 Aulseum 36o> 437 Calendarlum 502 Aureus 4y4> -197 Calculi 457 Auriga 342, 559 Calculus Minervae 269 Aufpicia 87. 297 Calices 455 Autographus 5^^ Caligse 369,421 Auxiliares 366 Calones 374 Avena 540 Calumnia 210, 251 Aventinus mons 561 Calumniam jurare 248 Axis 556 Camara? 403 B. Camihi 525 Balifts 395 Campeflre 343>4i^ Balneum 441 Campus Martius 568 Barbati 430 Candidati 85* M7 Bafilica 124, 569 Canes, v. -iculse 457 Batillum 541 Cantherium 546, 549 Batuere os 421 Capillamentum 432 Bellaria 448 Ca pi ft rum 558 Bene fie iarli 375 Capitalia Judicia 253 Bibliotheca 517 Capice cenfi 81,97 Biblos • 506 Capitolium 5<^4 Biclinium 43^ Capfa et -arius 511 Bidental 473 Capulus, & -aris 475 ^^g^ 552 Caput 584 LATIN INDEX. Page Page Caput porcinum 383 Chirodotce 416 — - extorum 324 Chirographus 51^ V. fors 500 Chlamys 371 Cardinales venti 548 Chorus 35^^ Career 272 Choragus 356 Carceres 340 Cicatrix 547 Cardines 547> 556 Cindtus Gabinus 72 Carnifex r8o Cingulum 416 Carpentum 553 Ciniflones 423 Carruca 554 Cippus 479 , 484 Carriis ib Circenfe 437 Caftella 442 Circi 567 Cartra movere 37^ Circuitores 376 TElliva 372 Circumfcriptio 137 Hyberna ib Circus Maximus 340 flativa ib Cifmm 554 Catnpuhse 395 Civitates foederatse 75 Caupones, Be -nje 574 Clarigatio 362 Caufa fontica 254 Clafles 79 Caufx conjeflio 248 Claffiarii 406 Caufarii 3^4 Claffici 81 .405 Cavea 348, 360 Claffis .407 Cave canem 520 Claves S2( Ctleres 26, 107 Clepfyura 248; 37^ Cenotaphium 471, 488 Clientes 30 Cenfere 1 3. 15. 129 Clitellse 549 Cenfi 222 Cloacae 53 2883 574 Cenfus 19' ^29 Cloacina 2U Senatorlus 6 Clypeus 3^7 capitis 70 Minen'ae 459 Centumviri 148, 244 Coa6lores .76 Centurije 79> 533 Cochlea & -area, 448, 53^ Centuriones 370 Codex 223, 513 Cera prima ct extrema 58 Codicilli 66, 513 Cerafus 544 Coelius mons 561 Cerberus 289 Coemptio 460 Ceres 277 Coena 433> 447 Ceroma 343 refta 451 Cervi & Cippi 395 nuptialis 466 CharonitJE 40 Coenacula 53 Charta Augufla, Claudia, &c. Cosnaculum 435 507 Coercitio 365 Chirothecse 421 Coj gnati L A T I N I N DEX St$' Page Page Cognati 32,46 Confiilares 119 Cognomen 33 Confiliarii 162, 248 Cognitiones, 226 Conititutiones 25* 22Z Cognitores, 262 Confules fufFe<3i 118 Cohors Pretoria 382 honorarii ib Collls hortulorum 562 Contubernlum 36, 46, 461 Collegium 290, 307 Contubernales 36^ 160 >63, Columna roftrata 390>S7i 374 Coloni 533 Convenire 245: Colonice 72, 73 Conventus 162, 460 Coluni 453. 455 Cooptare 13s: Columnte 573 Coquus, carptor, &c. 44$ Colus 522 Cornu 37^ Comoedia 354 Cornua velorum 405 Comment3\ii 294,512 portus 40c> Comperendinatio 246, 269 Corona civica 384. Comiflatio 434 vallaris, &c. 385: Comltatus 160 Coi-ona cingere 394 Comkia 76 Coronare pocula 456 Calata 78 Coronarium aurum 165 Centurlata )9> 82 Corpus juris 122, 224: 57» 77 Corrigia 4i5> 9S ■ 193 I r^TVi 410 547 Comitiati Tribuni Corymbus Comitium 11 Corhones 409 Comltiales dies 76 Cothurni 35<5 > 42E Commilliones 565 Covinus SS^ Compromiirum 246 Crater 454 Conciliabula 75 Crepidx 420 Concilium 76 Creta 268, 34^5 514 Conclamare .471 Cretati pedes 3.? Conclave 526 Cretio hxreditatis 61 Conditores juris' 189 Crocota A2i Condicliones 134 Cryptoporticus 441 Contarreatio 459 Cruftx 45 1 Congiarium AlC. CO4 Cubicula 52d Congius, et -iarluin 504 Cubitus 5°:^ Conjuratio 3<54 Cucullus 41S Cpnuubium 46 Cudo 422. Conquifitores 365 Culeus 505 Confecratio 489 Culina 524 Confentes dii 282 Culmen 518 A E Cuneug 5?tJ LATIN INHES!. Page Page Guneus t ■ 383 Deteftatio facrorum 78 Cunei 349 Dexter & finifter 301 Cuniculus 397 Diseta 527 Curiae h % 5-68 Diarium fcrvorum 38 Curiones I, 309 Dictator i-oi, 152 Curulcs magiftratus 55= Dicam fcribcre 22s: CJurrus, v. -icula 552 Disecefis 150 Cuftodes 93 Diem dicere et piroc icere 87, Cuftodiae 375 254 Cyathus 45S> 504 Dies intercifi i«3 Cyclas 413 ftatus — — Civilis 274 333 D. Comitiales 76 Dactylotheca 423 Fafti et nefafti 120, 187 Decimatio 392 F.fti 334 Decemviri litibus judicandis Jufti 251 I J 6, 148, 244 Profefti 334> 3^8 r agris dividendis 158 DifFareatio 460, 469 Decemviri lOI, »55 Digefta 22J Decimani limites 547 Digitus 503 Pecimanus fluctus 548 Dii majorum gentium 275 Decreta 18, /> '^ — minorum gentiu m 286 Decollare 420 Dimenfum fervorum 38 Decumac . 64 Diminutio capitis 66 Decuriones 74r 371 Diamone 74 Decurrere 37<^j 48z Diofcuri 341 Decuffatio 547 Diphthera Jovis 507 De die et in diem vivcre Diploma 513 433 Dirx 301 Dedititii 35 Diribitores 92 Dedu£lores 85> 200 Dirimere fuffragia 93 Beledus 363 Difcalceati 420 Delirare 537 Difputatio fori 188 Denarius 493 Dius Fidius 286 Depontani 92 Diverforia 577 Deportatio 66, 273 Diverticula 576 Depofitus 471 Divinatio 298, &c. Defignati 95^ 112 Divifores 85 Defignator 476 Divortium 467 Defignatores 349 Dixi 267 Defultores 552 Do, Dico, addico 120 i)olium A T I N INDEX. 5*7 Page Dollum 453 Domini 5 1 1 infularum 53 Dominus 44,461,511 Domicilium Jovis 557 Dominium 44, 53, 56 Domus & Infula Donativum Dona et Munera Dos DolTuaria Drachma Ducenarii Ducere uxorem Du6lu et aufpicio Duplicarii Duumviri 74, 158, 252 E Ecclefia Eculeus Edida 8, 25, Edititii judices Editor Gladiatorum Edulla Elogium Emancipatio Emblemata Emeriti Emplaftratio Emptio per les et librara 48, 57 fub corona 52. S^9 504 56, 482 461 549 495 167 465 387 257 74 264 121, 222 263 345 447 59 47 455 3<^5> 393 545 Endromis Enuptio gentis Ephippia Epibatce Epifcopus Epiftola Epitaphium Epithalamium jEquites 35»54 343 46 369 406 150 25>5«3 488 466 26 4E Ergaftulum Efquilinus mons Efsedum Everrae Evocare decs Evocati Exaudloratio Exauguratio Excubioe Exceptiones Exercitor navis Exercitus Pa^e 37 5r6a 554 484 397 365 393 49 375>52i 237 238 37^ Eximere diem dicendo 1 4 Exilium 273 Exodia 353 Exomis 432 Exoftra 361 Exfequi?2 474 F Faba 54b Fabri 8b Faces nuptlales 465 Faces funebres 476 Facliones aurigarum 342 FamiliK 32, 46 Familiae emptor 57 mancipatio ib Far *23.A^0i 539 Fafcinus 288 Fafces & fecures 106, 108 Fafciae 419 Fafti Kalendares' 293 Faftigium 527 Fata 284 Faunus 287 Feciales 309, 362 P'eminalia ' 419 Feneitrae 528 Fercula 449, 550 Feretrum 475 Ferise 334, 33^ 2 Ferr^as »:83 t A T I N INDEX. Page Ferrex folese 421 Fcfcennini verfus 353 J'ibulsE 386, 418 Tidei commiflum 59 riduc'urius pater 47 - hastes 59 Filum 524 Fifcus 14^ Flagellum 558 Flamines 310 Flammeum 464 Flora 288 Focalia 4' 9 Focus 5^5 Foenum 541 Foenus 500 Follis 440 Fora 73, 5<^^ Forenfia 4 ' 7 Fori 404 Forma provincio? 7° Forum 77, 373 Forus 457 Fraenum 558 Fritillus 457 Frutices 544 Fucus 424 Funales equi 557 Funambuli 358 Fundi 52, 67, 203 Fuuditores 3'^7 Funera • 474 Funes 405 Funus 47^^ Furca 37, 550 Furcifer 37 Furi?e 284 . Furtum conceptum ,191, 239 Fufus 522 Fuftuarium 392 ^ G. Gabinus cinftus 72 Page Galea 268 Galerus 42 -> 43" Galli 314 Gallia togata 44 Gausapa 4] 9i 439 Gemmx 428 Genius 285 Gentes 32 Gentiles 32,46 Geltatio 441 Gladius & hafta 123 Globus vel orbis 384 Glutinatores S^S Gradus militaris 211 Gvaphium 508 Gratise 279 Greges et armenta, dift. 543 Gubernaculura 402 Gubernator 406 Guflatio 447 Guttus 443 Gymnafium 343, 568 Gynaeceum 526 Gyplatus 35 H. HabenoE ' 558 Habe tibi tuas res 469 H.iedi 559 Hceredes afcendentes, &:C. 6i Hnsredium 533 Hxres ex afle, fcmifie, &c. 6£ Havpagones 410 Harpailum 440 Harufpices, & -inx 304, 324 Haftati 3<^7 Helciarii 407 Heliocaminus 527 Heiix 40S Hercifcere familiam 55 -Herm;j; 28 ^ ilctsiix 202 Hcxaphorum LATIN INDEX. S^9 Page Hexaphorum 476 Hexeres 400 Hiilriones 352 Holocauftum 324 Honorarium i 23 Inaugurntio 49, 298, &c. inaures 425 Incendbrii 199 Inceftus 463 Incilia 535 IncTti 458 Incudi reddere vcrfus 509 Indiclio 71 Indigetes 286 Inducei-e nomen 58 Indufium ^ 418 lufames 7, 240 Inferix 485 Inful-s 309 {ngenui 34 . Page Injurice - 240 Inocuhitio ib In procinctu 57 Inquilinus S3> 234 Infitio 545 lnful.ie 52,519 Inftita 4^.2 Inftitores S74 Inftituta 224 Inteftabiles 266 Intercedlo tribunorum t2, 89, ^O / Interpretes 8(5 Interrex prodebatur 83,101, 107 Interregnum Interdicla IfcLllici ludi Iter Janiculum Jani templura Janitor Janua Janus Jentaculum Judex qu3eIlionis Judicem ferrc Judices 124, Pedanei Judicem fcrre ei ejerare Judicia Jugerum 42 5031 107 123 344 562 566 520 519 283 434 258 245 258 247 245 ib 225 537 Jugum 523* 53^* 54^j557 Jumentum Juniores Jurare in leges Jureceffio Jurifdiclio Jurati homines Jusjurandum 227 80 ic6, 193 54 22s 264 247 Jus 59® LATIN INDEX. Page Jus -5!lianum, Flavianum, &c. — applicationis 76 — cenfus 62 — civitatis 43 — honorarium 122 — honorum 6^ — inriaginura 3 1 — Italicum 68 — Latii 07 — militiae 63 — Quiritium 44 — relationis prlmatj See. 13 — facrorum 66 -r- fufFragii 43j <55 — tributorum ib — trium liberorurn 212 Jiis & Lex, £cc. 1 82 Julia fuiiebria 474 Juftitiura 486 Juftus equitatus 367 Kalendjc Calendar es fafli 330 ?93 Lacema Lac us Loena Lana Lanifta Lapfus rotarum Laquearia Lares 285, 460, 479 Larvae 479 Latifundia 543 Latinitas 67 Latus clavus 7s 4 ' 7 Laudatio 267, 478 418 4S.3 418 522 344 408 529 Laureate fores Lautumiae Le£lic3e LecSlifternium Ledlas funebris Legati Csefaris Legatio libera Lege agere Leges Curiatas — — * duodecim 475> 21 Page 520 272 322 435 472 1 60, 371 166 160, 205 226 156 tabularum. 157, 180, 186 Regime 15-6 Tabellarias 92 Legem ferre, &c. 86, 94 Legiones i, 362, 366 Legitimi liberi 462 Leguleius 228 Lex arnfelis 105 — Curiata 78 — Regia 21 Libatas dapes Libatio Libelli Imperatpris 25, 222, 512 Libellus Liber Liberalia Liberi Liberti et Libertini Libitinarii 444 323 Libra Libraria et Librarius Librator Libripens Liceri Licitator Licia Lictores um 262 506 335 34 ib& 6 472 490 516 512,51? 574 48 235 234 523 ic6, 178 Lieo LATIN INDEX. 59' Page Page Ugo 536 Majellatls crimen 126, 163 Liguls 4x9 209 Lima; labor 509 Malleoli 545 Limites 547 Malus 403 agrorum 209, 211 Manceps 5^>^4 Linteones 522 Mancipatio 53 Linuin 540 Mancipia 35 Lira 537 Mancipi res 51 Lirare ib Mandata 222 Litarc 485 Manes 479, 482 Litera triftis 268 Mangones 35 Litera falutaris ib Manipulus 367 Literae 513 Manfio 372^577 Litigatores 229 Manuleatus 416 Lituus 300, 376 Manumiffio 40 Litis conteftstio 246 Manum conferere 231 Lixae 374 Manus injedlio 230 Locuples 533 Mappa et mantile 439 Lodix 437 Marga 535 Lorica ^4 3<58 26,95 MargaritsB 5i>425 Luceres Marginari 573 Lu£lus 486 Maritare ordines 212 Lugubria fumere 487 Marfupium 416 Ludi Circenfes 340 Maitigia 37 fcenicl 352 Matronas 462 340 Maufoleum 487 ftati 339 Medimnus 405 Ludus Trojx 343 Medicare fuco 522 Luna 285 Mediaftinus 37 Luperci 313 Membrana 507 Luftrum 6, 82 Menfse 4^8 — — condere 82, J32 Mephitis 288 Mercenarii 37 M. Merenda 434 Macellum 569 Metx •341 Macrccolla - 507 Metatores 372 Mwnianum 341 Metropolis 150 Magifter coUegii • 299 Militares trlbuni 101 ■ ■■ equitum ^55, Milliarium 5C3 — — — focictatis Magiftratus 27 J03 57^ 357 Mimus Mina >92 LATIN INDEX. Page Page Mina 495 Navalla 4G5, 409 Minifiri 320, 4^9 Naves futiles 398 Mirmillones 347 adtuarias 400 MifTiO honefta 393 caudicariae qgg .. ■■■ Ignoniiniofa, &c. ib Liburnce, &c. 40 r Mifllis 34i — longse et cnerarlx 399 Micare digitis 458 teclx 403 Mitra; 424 Navarchi 406 Mittere niappam 342 Nexi 45j ^13 Modius 405 Nobiles & Novi 31 38 Moneta 495 Nomen Monilia 425 Nomenclator 85 Monopochum 439 Nomina facere 501 Morbus comitialis 89 Nonje 330 Mors 273 , 284 Notarii 175, 510, 515 Movere e fenatu 128 Not« 176, 187 — — e tribu ib NovK tabulae 46 Muiaa 271 Novalis, V. -e ^37 Muli Mariani SS^ Noveliss 224 Mulio - 559 Novendiale 485 Mulfum 447 Nubere 464 Mukatitlum argentum 144 Nuces fpargere 467 Mundus mulitbris 423 Nubilarium 542 Munerarius 344 Nummus 49? Municipia 43' 71 Nummularii "joi Munus gbdiatorlum 344" Nuntiatio '88 Mull^ 282 Nuncupatio teu amenti 57 Museum 516 Nundinae 84, 203,331 Muftum 453 Nuptl?e Nymphoe 462,459 279, 288 N. Nymphasum 567 Nxnia 476 0. Navdum 444 Obserati 45 Nauclerus 406 Obnunciare «9 Naumachia 345' j68 Obolus 472,495 Nautae 4Q5 ObruiTa 494 Navales focii ib Obftrigilla 420 Navis magifter 238 Ocrea: :^^9 excicitor ib O£lophoro$ SSi Navieuiariam facere 406 Odeum .567 03iciun> LATIN INDEX. sn Officlum CEnopolium Officina Onus railitum Opera una, &c. Opiftographus Optimates Optiones Oraculum Oram folvere Or.cheftra Orciui fenatores Ordines remorum Ofcines Oftia Oftiarius Oftracifmus Ova Ovatio Ovilc Psedagogi Pagani Palanga; Paleftrx Palatium Palea Pales Palilia Palmus Palimfeftos Palla Palladium Paludamentum Palus, V. -aria Palare vites Pancratiaftcc Pande£loe Pantheon 320, Pantomimi Page 112,465 S16 377 538 510 31 370 302 405 7> 361 40 400 88, 299 409 520 269 341 390 92 37»5ii 65. 74 407 344> S<^8 561 543 288 i> 33<5 503 509 412 276 37J 37<5i 440 546 568 223 357 4 Papyrus Parafanga Parapherna Parasemon Parentalia Parricidai Partes navis Partiarii PafTus Patibulum Page 506 461 401 48ir 199, 274 40 z 533 503 180 Patres mlnorum et majorum gentium 2 Confcripti j Patricii 2. Patrimi & matriml 460 Patroni 30, 2<5z Paufarius 407' Pavimenta 529 Pecuarius 64 Peden 523 Peculatus 163 Peculium 38, 47 Pecunia 491 Pedanei judices 247 Pedarii fenatores 16 Pedes vclorum 403 Pegmata 350 Penates 28 J Pentathlum 343 Penula 419 Perduellio 83 Peregrini 44, 7^ Pergamena 507 Perifcelis 419 Perones 421 Per aes et libram 47, 48, 57 Peremptorium edidlum 123 Pes Petafus PetauriilsE Petitor 503 422 358 22d Petorritum. LATIN INDEX. Petorritum Pharos Pila Pilani Pilentum Pileus Pinatheca Piflrinum Pittacia Plagiarii Plauftrum Plaufus Plebifcita Plebs Pleiades Plutei Porculeta Pocula Podium Page 554 409 440 3<57 553 422 525 37 454 200 554 358 98, 181, 188 29 559 396 548 454 348 Pcence militares 391 Pollicem premere et vertere 351 PoUinclores 472 Pomoerium 73, 563 Pomona 288 Pondo 496 Pontes 92, 210, 578 Pontifex Maximus 291 Pontifices 290 Popx 320, 323 Poppseanum 424 Populares 3 1 Populi Fundi 67 Populifcita 1 8 1 Porca 537 Porta 72 Portse caftrorum 373 Romae 562 Porticus 441, 570 Portifculus 407 Portitor 63, 289 Portorium Portus Pofca Pofticum Poftliminium Poftulationes Poteftas Potitii et Pinarii Pfafe6tus annonie aquarum - Celerum clailis Page 63, 289 409 393 521 66 226 78, 104 3»4 150 574 107 militaris aerarii 151 »33 149 151 148 5" 416 177 64, 254 5' morum — prstono — vigilum — Urbi, &c. Praeceptor Praecinclus Pragcones Prsdes Praedia libera, &c. urbana ib cenfui cenfendo 6g, 1 29 Praefeai Prxfeclurae Prceficce Praemia militaria, Praepetes Praenomen Praerogativa Prretores 103^ Praetorii Prstorianorum caftra Praetorium Frajvaricatio Prandiura Prata Prelum Priapus Princeps fententiae 371 -74 476 384 88, 299 32 90 108, 1 19 119 270 7^* 563 373 537 433 541 452 285 16 Princeps LATIN INDEX. 591 Page Princeps Juventutis 28 Senatus 4> 169 Principes 367 Principia 373 Principium 77 Privati 127, 295 Privilegla 25, 222 Procuratores 246, 262, 534 Proceflus Confularis 112 Proletatii 81, 97 Promulfis 447 Propagines 545 Propugnacula 404 Proreta 407 Profcenium 361 Profcriptio 198 Provincias , 6gy 113, 165 Provocatio 45, 137 Pfilothrum 431 Publican! 27, 64 Pugillares 510 Pullarius 299 Pulmentum 434 Pulpitum 361 Punctim petere etcsefim 350 Pupae 467 Purpura ^ 427 Puteal 247 Pyra 48 1 Pyrriche 312 Quadngoe "^ 552 Quadrigati 493 Quadruplatores 260 Qusefitores 125, 257 Quieftio 125,225,264 Quceftiones perpetuae 1 26, 257 Quseftorium 146, 373 Quseftorii 1 19 Qusftores 144, 253, 257 Quinarius 493, 497 Quseftores candidati palatii Page '47 147 Quatuorviri viales 14S Quinquatrus 33? Quinqueviri menfarii. &c. 158 Quincunx 378, >395 Quindecemviri 305 Quinqueremes 399 Qjiintana 373 Quirinalis mons 561 Quirinus 287 Quiritare 45 Quiritarium dominium 56 R. Rabula 249 Radii 556 Radius 523 Ramnenfes 26, 95 Rapina 240 Ratiocinatores 5^5 Ratiti nummi 492 Recuperatores 243 Redemptores 130 '234 Referre ad Senatum 1 1 Regiones urbis 518, 562 Regifugium 1 1 1 Relegatio 66 Remancipatio 469 Remi 402 RepetundDE 163 Replicatio 237 Repotia 467 Repudium 464 Refcripta 2<;, 222 Res public?e et privatse 50 — corporales etincorporales ib — facra: et profanae 49 Reftibilis ager 538,546 Retiarii 346 Retinacula 405 F 2 Reus 59^ I, A T I N INDEX, Reus Rex Sacrorum Rheda Ricinium Ridimlcula Rogatio Rogatores Rogare legem, Rogus Romania Roftra Rubric a Rudiarii Runcatio Saburra Saccus Sacer Sacrofan£lI Sacramentum Sagittarii Sagum Sal et falinum Salices Salii Salutatores SandapTla Sarcophagus Sarculatio Sarculum Sarracum Satio Satifdare Sat lira lex Saturnalia Satyrse Scalmus Scamna 3candula2 Scapus Sec Page 87 310 554 413 405 255 93 94 481 75 77,404, 572 223, 424>5i5 351 539 4-5 452, 453 94, 136 134, 142 233*365 367 372,419 445 5 -JO 312 2C10 475 4«2 539 536 555 539 233 94 337»4<3 353 402 537 5»7 507 Scarificatio Scena Scribx Scrinium Scripta duodecim Scriptura Scriptuarius Scribere nummos Scutula Scutum Se£latores Sedlio & feflores Securis dolabrata Seges Segeftre Segmentum Sella curulis Semones Seutentia maxime Senlores Senacula Senatus legltlmus Senatus confultum i^ Sentina Sepelire Sepes Septemtrlo Septemviri epulonum Septum Sepulchra Sequeftres Serce Serica veftis herra Servitus Servitutes Seflertium Seftertius Page 538 360 125, 176 511 457 64,70 64 501 545 368 200 45 53^ 538 437 425 550 105. 552 287 frequens 17 80 9 2 10 17^23 402 474 555 307 92,99 479,482, 488 86 52^ 426 384 273 53 495 493 » 495 > 497 tiexagenarii LATIN INDEX. 597 Page 92» 167 305 126, 199 187 43B 380 370 382 483 88 424 421 310 285 333> 527 420, 421 494 439 256 500 302, 458 90, 265 88 529 377 423 ' 426 425 44I 386 350 417 Sponfio 233, 235, 237 Sponfores 254 Sponfus, & fponfalia 463 Sportula 74, 415 Sportulje 45 1 Stadia 567 Stadium 503 Stamen 523 Stationes 375 Sexagetiarli Sibyllini libri Sicarii Siglx Sigma Signa Signiferi Signum pugnje Silicernlum Silentium Smegmata Socci Sodales Titii Sol Solaria Solex Selidus Solum Sordida veilis Sors Sortes Soititio Speclio Specularia Speculatores Speculum Spinther Splenium Sphserifterium Spciia opima Spollarium Spondee Sterquill Ilium Stibadium Stigmatias Stilus Stimulus Stipendiarii Stips Page 535 438 37 508, 5n 558 70 492 Stipulatio 2:? I, 2;? 5, 463 Stipulator & aftipulator 235 Stillicidium 53 Stola 412 Stolones 544 Stragula veftis 437 Stramen 543 Strcnx 56, 492 Strigare 537 Strigilis 443 Strophium 421^ Sudfor legis 86 Subf^-llia 41, 124 Subfcriptio cenforia 129 Subfcriptores 260 Subfignani 382 Subfortiri judicem 263 Subtemen 523 Subucula 418 Succollare 551 Sudarium 419 Sudatoria 443 SufEtio 484 Sulci 537, 538, 544 Suovetaurilia 82 Suppara 40^ Supplicatio 322 Surculi 545 Sylvanus 287 Symbolum 429 Symbolam dare 429 Syngrapha 236, 511 Synthefis 413, 444 Tabellarius 59» LATIN INDEX T Tabellarius Taberna Tabernaculura TaWlnum Tabulx Page 516 87, 300 521 166 accept! & expenfi 501 .1 novse 46, 139 Tabularium 19 Tabulata 53 Talentvxm 495 Tali 457 Talio 272 Tarpelus 561 Tatienfes 26, 9^ Terminus 288 Tegulse 527 Tela ^ 523 Tempeftivum convivium 43 3 Templa 300 Teruncius 484 Teffella 54 5 » ^29 Teflera ^ 375» 44^ .. hofpitalitatis 446 TeiTeram confringere ib Tefieras 457 Teils 453 Teflamentum 57 Teftes ^ 265 Teflin-ionium denunciare ib Teftudines 394* 39^ Textores 522 Thalamegi 40 * Theatrura 359 Thenfi 553 Tlierma; 44^ Tholus 528 Thranitse 4^° Tibix 357 Tibialia 4^9 Tirocinium 415 Pagi 415 454) 488 411 412 106, 413 413 Tirones Titulus 35, Toga pexa — — praetexta pulla — — virilis 414 Tollere filium 47 Tomentum 437 Tonfores 432 Topiarii 531 Topiariam facere 531 Tcrcular 452 Toreumata 455 Torus, et -al 437 Trabaa ic6, 299 Traha 552 Trama 524 Tranflatitia edifta 1 2 1, 161 Tranfveftio equitum 27 Traga^dia 355 Triarii 367 Tribunal 123 Tribula 542 Tribunus Celerum 107 Tribuni comitiati & rufuli 193 -. militares ici, 193, 369 laticlavii 369, 417 — — militares 101, 193 legionarii 2, 193 ■■ '■ plebis 134 Tribus g$ Tributa <% Triclinium 436 Trilix 523 Trinun: Nundinum 84 Tripudium 88 Tripus 307 Triticum 539 Triumphus 3^7 Triumviri LATIN INDEX. S99 Page Triumviri capltales 1 47 — — menfarii, &c. 158 militum confulari poteftate loi, 157 — monetales 147 -' ■ ■ — no£lurni 148 ■ — reipublicx confti- tuendje 102, 157 Trochus & turbo 441 Tropaea 572 Tuba 376 Tumultus 3^3 Tumulus inanis 470, 488 Tunica 416 palmata 417 redta ib Tunicati ib Turma 16 Turres 396 Tutela 401 legitima 62 Tutores 60 Tympanum 556 U Udones 421 Umbilicus 51° Ultrotributa 130 Umbo 412 Umbrie 437 Uncia 6ij 490, 500 Unguenta 444 Unguentarius 443 Univira 470 Urbes 72 Urna 483 Urfa major 555 Ufucaptio 54 Ufura 500 Ufurpatio 54 Ufus 459 Ufusfru^us S^ Uti rogas Utres Uva Uxor V Vacatio militiie Vacantia bona Vacuna Vades Vallum Valvoe Vale Vafarium Vaticanus Ve5i9 432 12, 136 381,38(5 51 Vise 6oo LATIN INDEX. — - — aciei caftrorum Viaticum Viatores Vicefima Vidloriati nummi \''icarius fervi Videtur fecilFe Villa et villlcus 530 Viminalis mons Vinaceus acinus Vincula Vindemia Vindex, v. expromillbr Vindicatio, v. vindicix Page SIS 379 374 160 8, 179 64 ' 493 38 267 533 562 547 271 547 45 2:;o, 2:52 4C J^. 45 2,546 Virgines Veflales 3 1 5 Vifceratio Vitrea fpecularia Viti^e Vjvaria Viviradices Volones Volfellx Volumen Vomitoria Vomunt ut edant Vota Xenia Xyflus Vindicla Vinete Zeta Zona Zotheca Page 325> 486 5^29 424 345*531 544 38 425>43i 509 349 • 450 ^21 56, 459 344, 568 527 416, 464 52' INDEX INDEX O F PROPER NAMES and THINGS. ACCUSERy in a criminal -^ trial Page 260 JBions, real, 230; perfonal, 234; penal, 239 : mixt 242 AdmiraU of the fleet 151 jidvccates, fometimes hired perfons to applaud them while fpeaking 249 JEdileTy plebeian and curule 142 JEgypt ,^vt6\6!C\on concerning, 164; JEgyptian year t 330 ^lius Catusy why called wife 187 JEneaSy the names of 287 JEoluSy god of the winds 289 JEfcidapmSy worfliipped 282 Jffronts, punifhed 240 ^Agriculture, encouraged 532 ^grippay his advice to Auguf- lus, 168 ; builds the Pantheon, '^lOy ^6^-y and the harbour of Mifenumy 406 ; con- ftrued his beard, and fome- times Ihaved, 43 1 ; the fum he received in legacies, 497; a civic crown and two lau- rel branches fet up before his gaie, 385, 520*, puts to death fome who refufed to enliff, 363 ; refufes the title of DominuS) 511; adorns Rome, 518; his vanity on recovering from the Par- thians the fpoils taken from Craffus, 505 ; his death, 169; his tomb 4^7 ^:{//-ya.f, manner of taking 87 B. Bachelor Si punifl)ment of 21a Biicchusy 284; his orgies, ib. feftival of 335 Badges of the fenators, 7 ; Equitcs, 27; kings, 106; . Confuls, io8i Pi^tor,i23i and Emperors 174 Bail^ form of 228 Bidl, game ofj 440 j of four kinds ib Barbers, firft introducedfrom Sicily, 430 Bathsj S^ Proper Names W Things. 665 BathSfOi different kinds, 439; firft built, 442 •, parts of, ilf. time and manner of bathing Page 443 Beard, how fhaven 430 Belt, orgirdle, whenufed 416 Bears, conftellation of 555 ^/^z/Zz/j, weak conduit of, 204 Bonds, ufed in all important contrails 236 ■■■ exchanged between Au- guftus and Antony, Sec. 239 Bojia Dca, feftival of 3 \(s Books, kinds of 5@9 Bootes, conftellation of 555 Bracelets 445 Breeches, not worn by the Romans 343, 419 Bridges, number of 578 Brutus, the confpiracy of his fons 40 Burning the dead, cuftom of, whence derived and when dropt, 473 ; what pcrfons were not burnt, ib. why forbidden in the city 479 Burial, places of 480 Buying and felling, form of 234, 230 C. Caere, the people of, receive the Veftal Virgins 43 Cafar, Julius, vililies the au- thority of the fenate, 23 ; abridges the rights of the people, 100: opprcilvis the liberty of his country, IC2; province appointed to hini by the fenate, 114 ; redu- ces the power of the con- fuls, 117; made perpetual didtator, 118, 154; makes a review of the people, 138; his pretext for croffing the Rubicon, 137, 141 ; his po- pular laws, 204 ; propof- ed arranging all the laws, 2c6; an inftanceof his fur- priling prefence of mind, 301 ; warned of his death, 325; regulates the year, 329 •, the faying of Sylla concerning him, 416; di- vorces Pompeia, and why, 468; his attention to drcis, 416, 420 ; why pleafed with a laurel crown, 422 ; his ring, 428; his debts and bribes, 498; manner of" writing his letters to the fenate, 512; about things he wiflied to keep iecretj^ 515; murdered in the fe- nate houl'e, 102, 42^ ; a temple and prieils confe« crated to him, 173, 3 13; fe- nators flain at his altar 327 Cadrniis, brought letters intc^ Greece 505 Calendars, why fo called, 293 Calpurnia, the dream of 52^ Camp, form of 375; Candidates, their drefs and manner of canvafling, 855 how eleclcd 9^ Capital trials 253 Capitoline marbles, why fo called 293; Capua, punifhcd 6p Carriages 552 560 Carvclius Ruga, the firft who divorced his wife 468 Cafior and Pollux 287 Cato, ordered to be led to pri- ion, 15, 204 ; fent to re- duce Cyprus, 197', his drefs 416 Cavalry, how chofen, -!'4; G 2 their ^04 INDEX their arms and drefs, 369; their place in camp, 374 i and in battle P^g^ 379 CenforSt their inftltution, 127; their office, 128 ; their power, 131, 132; difcon- tinued under the Emperors 133, 134 Cenforinus, whence called 132 Centurion, badge ot 370 Cerberus 289 CereSy 277 ; her myfteries ib Chariot races 340 Charon, ferryman of hell 289, 472 Chimneys, anciently not ufed at Rome 525 Chorus i why fupprefTed 355 Chrijlianity, eftablilhed by Conftaniine 65 Chrijlians, their meetings pro- hibited, and why,202; often expo fed to wild beads 344 Cicero unites the fenate with the EquiteSy 24 ; gets the province of Cilicia againft his will, 115; made quaeT- tor, 5 ; called Father of his country y 169; hindered by a tribune from making a i'peech to the people, when he refigned the confulfhip, 113; promotes the ambiti- ous deligns of Ca;far con- trary to his own judgment, 159; is banifhed, 197; his laws, 220 i the fenate change their habit on his account, 256; hisdeath263 Cielings, how adorned 529 <7z/i/-^wrtf/r entertainments, firft introduced 6q6 INDEX introduced from a religious motive, 352; often inter- rupted by the people calling for other (hews Page 358 Drcfsy of men, 412 ; in pub- lic and private, 417 ; of women, 412, 422, 424; of boys and girls, 414 ; of foldiers, 371, 419 ; of ge- nerals in a triumph, 31) 3, 417; of fenators, 417; of prielb, 295, 299,' 309, 311, 312, 317, 413; of poor people, 417 ; and of Haves, 432; of thedead, 472 Drinkirg healths 456 £)rfi'fr, of carriages 559 Dri(Jus, Livius, laws of, 208; and death, ih. his faying about his houfe 499 E. Ear-rings 42^ Edtflsy of the praetor, I2ij of other magiftrates 122 Bullion of magiftrates, under the republic, 82, 93, 97, 105 \ under the Emperors 100 Embalming, caufe of it 479 Emperors, their titles 1 70 ; their power, 172 } their badges 174 EntertainmeritSj expences of limited by law, 192, 200, 207; of difF>irent kinds 451 Entrails, how inlpefted 324 Epitaph, form of 488 Ephori at Sparta, refembled the tribunes at Rome 137 Equejtrian order, its inllituti- on, 26; badges and office 27 EJlimate of fortunes, how made 79, J 29 Evidence, kinds of 264 £'Arr£'/)f/c?zj',howexprefled 237 Executioner 180 Exercifes, kinds of, 440 ; in the army 376 F- Fabius, his manner of declar- ing war on Carthage 412 Fabiiis Maximus^ Prodiclator Falfehood, puniflied 131, 210 Family, right of 46 Fanatics y whence called 304 Farmer Sy kinds of 533 Fates 284 Faunus 287 Fafciniis 288 Fences y kinds of 541 Fertility of different foils 539 F^/v<7/j, ftated, 334 ; move- able, 338; occafional, ib ; number of, hurtful 330 FineSy extent of 193 FiJJj, the Romans fond of 448 Fifto pitndsy value of 499 Flaxt for what ufed 540 Flamen of Jupiter, ^, 3 10,479 Flaminins, deftruction of 15:; /'/az'm, why made j$ldile, 1 87 Fleet, Roman, where ftation- ed 151, 406 Flutes, of different kinds 357 Flora, ^%%\ feftival of 336 Foundlings, flate of, Plin.ep, x. 71 &72 ^ Foreigners, their flateatRome difagreeable 75, 206 Fox, why burnt as a facrifice to Ceres 277 Frcedmen, infolence of 525 Freedom of the city Grft gran- ted to phyficians and the profeffors of the liberal arts by Cxfar. 205 Friends^ o/" Proper Names a;;i Things. do; FriendSf how fome teftified their affe<^ion Page 483 Funerals, why fo much at- tended to, 470; public and private, 474; funeral couch- es, 475; private funerals celebrated by night, and public by day, 476 j cere moniesof both, 477, — 490; funeral proccflion, 476; funeral oration, 478 ; firft made by Poplicola in honour of Brutus, ib : and by Catulus, in piaile of his mother Popilia, ib funeral pile, 48 1 ; animals thrown into it, 482 i fome perfons came to life on it 483 Furies 284 G. CamcSy ordinary and extra ordinary, 33^ \ of the cir- cus 340 Gardens 53 1 Gates y how adorned 520 of Rome 562 Genius 285 Germans^ their manner of forming conjectures about futurity 302 Gladiators, different kinds of, 346; where exhibited, 348; their manner of fighting, 350 ', prizes given to the vidlors 351 Glafs.^ invention of 529 Government y of Piome, origi- nally ariftocratical, 81 ; brought to 2.}u{tequilibriii7n 139 ; worft kind of defpo^ tifm under the Emperors Graces 279 Gracchiy their laws, 217 ; and fate 140 Grain, kinds of 540 6' zwr2 Inherit ancesy form of entering upon 6 I Infants^ often expofed 47 Intereji of money 500 Interring the dead, moft an- cient, 473, 479 j and moft natural ib. InJlrumentSf ufed in writing, 508', in hufbandry, 535; for 6xing burdens on the back of flaves, 550 ; for driving animals in a carri- age _ sss Innsy anciently few 445 Interrcx, particulars concern- ing, 84, 101, 105, 107 IrneriitSy revives the fludy of the civil law 225 Italians^ their right O9 J. Janus, how rcprefented 283 jeivSf their manner of burial 483 "JudgeSy of different kinds, 242; appointment of, 245; chofenfromwhatorder 258 Judgement^ manner of pro- nouncing, 249 •, its effects 250 Jtigitrthine war 1 40 Julian year 330 JunOy how reprefented 275 Jupiter y his names and attri butes ib. K. Kings 10 I, 106 Landed ejl at es, too large,hui t- ful 543 ; the value of lands ia Italy raifed by a law of Trajan Ib, h 100 Lartius, firft dictator 153 Latins, their rights 67 Latin tongue, the Italian ftates prohibited the ufe of it 462 Laurentiuy nurfe of Romulus 309 Laverna 288 La-ws of Rome, at firft few, 155; of the I 2 tables, 157, 186; caufes of new laws, 180} time between propo- fing and paffing a law, 84, 86, 23c j how paffed, 90, 94, y8, certain laws excite great contention, 139; by what name diftinguilbed 181 fpecies of the Roman law, 185 J laws of the Emperors, 25, 222; collected by the order of Juftinian 223 Lawyers, origin of, 187; man- ner of conlulting them, 188; under the republic, not per- mitted to take fees, 189; limited to a certain fum un- der the emperors, ih; their education, 190 ; eminent lawyers ib Legacies^ how left, 60 LentvluSy degraded 7 Leda 286 Letters, of the alphabet, 506; epifties, 514; ingenious modes of conveying 511; Legions, how many raifed at different times, 362; divi- fion of each, 367 ; officers Liberty, whence the lofs of it may be dated, 140; caufes of its fubverfion, 24, 30, ■ 101, 1 14, 139, 168, ScQ.. Libraries S^^ Limits^ cf Proper Names and Things. 609 Zmi/Vj-, of the empire, Poge'^ig Linen f not worn by the Ro- mans 418, 441, 522 Lettersywhen introduced, 55 1 LiElors 106, 108, 178 Licinius Stolo 1 1 6 Lieutenants, the number af- iigned to proconfuis, 160 ; their office ib. Liver, fometimes thought to be wanting in vidlims 324 Liviiis Andronicus, the firft writerof plays atRomc353 Locks, keys, bolts, ^c> 521 Loom, parts of 523 Lots, ufed in prognofticating future events 302 Lottery, a kind of 45S Lunatics, whence named 304 M. Machines, ufed in fieges, 396 ; for hauling fhips 408 Tli^c^wajjCntruftedbyAuguf- tus with the charge of the city, 149; his advice much refpefted by that emperor, ib. 10 1, 168; his tower, 480^ effeminate in hisdrefs, 416; faid to have invented the art of writing Ihort- hand 176 Magi/irates, at different times, 101 ; their fun(ftions more extenlive than among us, 103; divifion of, 104. Or- dinary magiftrates under the republic, 108, — 148 ; under the emperors, 148, — 152. Extraordinary ma giftrates, 152, — 158; pro- vincial magiltrates, 158, — 167 ManufaBures, woollen 522 iWd?2Z/rt', kinds of 435 March, order of 377 JMarket'pldces, at Rome 569 Marriage, only between Ro- man citizens, 46 ; antiently prohibited between Patri- cians and Plebeians, ib. Sc 32; as fometimes between neighbouring diftri(5\s, 262; encouragements to, 212; different forms of 459 Mariiis, rofe from a common foldier, j,6g ; feveu times conful, 117; faithlsfs and ambitious, 114, 140, 193; cruel, 294 ; firft enhfted foldiers from the lowed clafs, 361 ; made feveral changes in the military art 364> 383 Mars, 280 i his fhield ib Marfic war, 69 ; caufe of, 208 i very deftrudtive ib Marfyas, punilhment of 569 Majt, the antient iliips had but one 403 71/^/ 133 ReiuardSf military 384 Rhea 283 Rights of citizens, 44 ; could not be taken from any one againft his will, 66; dimi- nution of ib 4 H 2 RhodianSy 6l2 INDEX RhodianSi their regulations concerning naval aflFairs adopted bytheRomans 215 Rings y much ufed 428 Rivcrsy their fources held fa- cred 288 Roads ^ how paved 575 Robbery y punifliment of 2i\o Robigo, 288; feaft of 335 RomayrSy how divided, 2, 32; antiently weighed their money, and did not count it, 48 ; cautious in admit- ting new facred rites, 66 \ their refpeft for the mini- fters of religion, 292 j paf- fionatelyfondof races, 342; of fhews of Gladiators, 352; and of uncommon fights, 358 ; almoft always engag- ed in wars, 361 ; as re- markable for enduring la- bour as for courage, 396 ; long unacquainted with na- val affairs, 399 ; careful to wear the toga in foreign countries, 411; ufually went with their heads bare, 421; when covered, 422; allowed their hair to grow in mourning, 43 t •, their antient fimplicity, 434; iheir luxury and the caule of it, 435; at fir ft fat at meat, ib. borrowed the cuftom of reclining from the eaft, ib, began their feafls with prayer, 444 5 and ended them in the fame manner 459 Romaniay or Thrace, why I'o called 75 Rome^ built, i, taken and burnt by the Gauls, 43, 518 j and under Nero, ib. adorned by Auguftus ib. its ftreets narrow, ib. its gates, 562 ; and bridges, 578; its Latin name why concealed 398 Romulus y 287 ; his conteft with Remus 298 /?05/j, form of 527 RowerSy how they fat 400 Rutilus, the firft plebeian cen- for 127 Rublcouy the boundary of Caefar's province 137 S. S, this letter antiently ufed inftead of R 213, 215 Sacred rites, 320J how per- formed 323, 325 6"<2cr//zc^j, 323-,tothedead485 Sailsy invention of, 398 j how adjufted 403 Salt, luuch ufed 445 Satires, whence nzmcd 353 Saturriy 282 j feftival of 337 SaiurniniiSy his laws, 192 ; flain by Marius 193 Scenery of theatres 360 Scipio Jfricanus 117, 140, i6o Naficcy kills Tib. Grac- chus, 140, Pontifcx MaX' imus 295 Scribes or notaries 1 76 Scajons 285 iSi'wcz/^, itsinftitution, 2; num- ber, ib. prince of, 4 ; by whom alTembled, 8 \ places and times of meeting, 9; quorum of, 10; manner of making a decree, 16 j form of writing it, i8j not valid, unlefs of Proper Names and Things. 613 unlefs carried to the treafu- ry, 19 ; rarely reverfed, 20 ; power of the fenatc, ih. & 22 J force of its de- crees, 23* little regarded in the laft ages of the re- public, ih* apparently en- creafed by Auguftus and Tiberius, 24-, as the means of eftablifliing defpotifm, 25 \ judges of crimes 270 Senate of Grecian cities 74 Senators^ choice of 3 •, their age, 4; and badges, 7; or- der in which they were alked their opinion, 12 ; manner of delivering it, 13, 15, 17*, were not to be interrupted, 145 their privileges 2 1 s their ier- vility to the Emperors 169 Sentence, form of, in civil trials, 230 j in criminal trials 267 Sepulchres, where built, 4S0J by whom and how 487 Servants of the magiftratcs 176; of the pricfts 319 Servitudes, of lands 5 1 Servius Tu/Iius, inftitutes the cenfus, 79 ; made many laws, 1 56 J the firfi: who coined money 491 SextiuSy firll: plebeian conlul ii6 Short-hand, art of, 176, 187, quicknefs of 515 Shoes y kinds of, 419 j for horfes 421 Ships, their firft conftrufTlion, 398 ; ditfercnt kinds of, 4- 1 i chief parts of a fliip, 402 ; how manned, 435 ; naval affairs, 406 ; manner of embarking, 498 ; order of battle, 409 ; method of tranfporting fliips by land, 408 ; fize of trading vef- fels 410 -Si^^/Zi/z^ books, 305; keepers of 306 Sicily, the firft country redu- ced to the form of a pro- vince 70 Sicinius, at his inftigation the plebeians retire to Mons Sacer 134 Siege, form of 394, 397 Skeleton, introduced at feafts 456 Silk, long known before lilk- worms were introduced 426 Sir, equivalent to Dominus 511 slaves, how made, 35; their treatment, 37; of different kinds, 39; how made free, 40; their manumiffion re- flridled by law, 41, 195^, 201; punifhment of, 2741 their drefs, 432; not al- lowed to ferve in the army but in dangerous junctures, 3 8 i fuch as obtruded them- felves, were fometimes put to death, 364. Slaves who frizzled the hair, 423 > {haved, 432: cooked vic- tuals, 449 ; carved, and waited at table, ib. wrote letters and books, 515', watched at the gate, 520; took care of the Atrium, 52.(/i of the bed-chambers ib. drcft trees, 531 i culti- vated 6i4 INDEX vated the ground, 534, 543 ; carried burdens, fedansand Utters Page ^^o ^-p//, qualities of a good 334 Sol J 285; the fame with Mith- ras ilf' SoldierSi enlifled, i, 63, 363 •■, different kinds of^ 365; di- vided into different ranks, 367 5 their arms, and drefs, 36y, 371, 419; their order and difcipline, when en- camped, 376 ; on march, 377 ; in battle, 378; their rewards, 384;punilhments, 391 5 pay and difcharge, 392 SoloHy law-giver of Athens, 156 Sons^ how freed from the power of their father, 47 Sof genes regulates the year 329 Sowing, manner of 540 Spe^acleSy their hurtful ef- fects 344 ^ 34^ Spurinme, pvediOis the death ofCjefar 325 Stage-pluysy firft inftituted, 352; chiefly of three kinds, 354-, often prohibited, 359, Tacit. Ann. iv. 14. xiii. 45. Suet. Ner. 16. Dom. 7. Plin. pan, 46 Stages, along the road 577 Sta?idards, kinds of 3«o, 145 Stipulations, form of 231,235 StirnipSt the Romans had none 218, 368 StGckmgs, not worn by the Romans, 419* 431 -Sfcfcj, whence named 570 Sty hi eld and new 330 Stiperjiition of the Romans 87, 301, 303, 338, 407, &c. Slipper, the principal meal, 433; place of, 436, 527 ; drefsfor, 444;partsof, 447; mufic, 8:c. in time of 450 Sivearing to fupport whatever laws were palled, when firft enforced, 193, 204 Syl/a, his choice of fenators, 5; ufurpation, 102, 198; cruelty, ib. encrealed the number of the quajiicnes perpetiia, 126 ;, abridges the power of the tribunes, 140; his laws, 198; both rewards and punilhes the flave of Sulpicius for be- traying him 219; why he ordered his body to be burnt 473 Sylvamts 287 T. Tahles, 438; of different forms, 439 ; how confe- crated 443 Tarquinius, king, expelled, 107 ; on what day in Taxes, various kinds of, 63 ; remitted ib. Teeth, care of 425 Temples, 319, 564; orna- ment of their front and roof 528 Tents, form of 374 Tejlaments, how made 5 7 j antiently made in the C»- mitia Curiata 78 Terminus, h'xsicm^ley 287 Thanhjgivings , how made 322 Theatres, at firft prohibited, 359; built by bcaurus, ih. Curio of Proper Names and Things. 615 Curio and Pompey, ib. Sec. Theft i how punifhcd 239 Theodofiis abolifhes the hea- then worfhip at Rome 319 ThingSy diviQon of 49 Thrcfiing, manner of 542 Thracians iCnvio\xicvi(iom. of, 268 ; their wives burn themfelves on the piles of their hufbands 482 TibcriuSy deprived the people of the right of voting, loo; ium he left at his death 497 TiV^j, tax laid on 527 Tiro, frecdnicn of Cicero 176 Topi different from the trochus 441 TcrturCy ufed only on flaves, 264; inftrument of ib. Toivcrs, in fieges, 395 ; in fhips 404 Towns, how attacked, 394 ; and defended 397 Trajan s pillar 57 i Trade^ not rerpe»Sled, 5, 6, 237; hurtful conlequenccs of this 30 Tragedy, writers of 355 &356 Trees, how propagated 544 Trials, civil, 225 ; how con- du Q-C-JkK-^ \-^"^0 rP ^?mA^ J 1L\520